[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5576 Reported in House (RH)]
Union Calendar No. 276
109th CONGRESS
2d Session
H. R. 5576
[Report No. 109-495]
Making appropriations for the Departments of Transportation, Treasury,
and Housing and Urban Development, the Judiciary, District of Columbia,
and independent agencies for the fiscal year ending September 30, 2007,
and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 9, 2006
Mr. Knollenberg, 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 the Departments of Transportation, Treasury,
and Housing and Urban Development, the Judiciary, District of Columbia,
and independent agencies for the fiscal year ending September 30, 2007,
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 Departments of Transportation, Treasury, and
Housing and Urban Development, the Judiciary, District of Columbia, and
independent agencies for the fiscal year ending September 30, 2007, and
for other purposes, namely:
TITLE I
DEPARTMENT OF TRANSPORTATION
Office of the Secretary
salaries and expenses
(including transfer of funds)
For necessary expenses of the Office of the Secretary, $92,558,000,
of which not to exceed $2,255,000 shall be available for the immediate
Office of the Secretary; not to exceed $717,000 shall be available for
the immediate Office of the Deputy Secretary; not to exceed $15,681,000
shall be available for the Office of the General Counsel; not to exceed
$11,684,000 shall be available for the Office of the Under Secretary of
Transportation for Policy; not to exceed $10,002,000 shall be available
for the Office of the Assistant Secretary for Budget and Programs; not
to exceed $2,319,000 shall be available for the Office of the Assistant
Secretary for Governmental Affairs; not to exceed $25,108,000 shall be
available for the Office of the Assistant Secretary for Administration;
not to exceed $1,932,000 shall be available for the Office of Public
Affairs; not to exceed $1,478,000 shall be available for the Office of
the Executive Secretariat; not to exceed $707,000 shall be available
for the Board of Contract Appeals; not to exceed $1,286,000 shall be
available for the Office of Small and Disadvantaged Business
Utilization; not to exceed $2,722,000 for the Office of Intelligence
and Security; not to exceed $12,281,000 shall be available for the
Office of the Chief Information Officer; and not to exceed $4,386,000
shall be available for the Office of Emergency Transportation:
Provided, That the Secretary of Transportation is authorized to
transfer funds appropriated for any office of the Office of the
Secretary to any other office of the Office of the Secretary: Provided
further, That no appropriation for any office shall be increased or
decreased by more than 5 percent by all such transfers: Provided
further, That notice of any change in funding greater than 5 percent
shall be submitted for approval to the House and Senate Committees on
Appropriations: Provided further, That not to exceed $60,000 shall be
for allocation within the Department for official reception and
representation expenses as the Secretary may determine: Provided
further, That notwithstanding any other provision of law, excluding
fees authorized in Public Law 107-71, there may be credited to this
appropriation up to $2,500,000 in funds received in user fees.
office of civil rights
For necessary expenses of the Office of Civil Rights, $8,821,000.
transportation planning, research, and development
For necessary expenses for conducting transportation planning,
research, systems development, development activities, and making
grants, to remain available until expended, $13,000,000.
working capital fund
Necessary expenses for operating costs and capital outlays of the
Working Capital Fund, not to exceed $120,000,000, shall be paid from
appropriations made available to the Department of Transportation:
Provided, That such services shall be provided on a competitive basis
to entities within the Department of Transportation: Provided further,
That the above limitation on operating expenses shall not apply to non-
DOT entities: Provided further, That no funds appropriated in this Act
to an agency of the Department shall be transferred to the Working
Capital Fund without the approval of the agency modal administrator:
Provided further, That no assessments may be levied against any
program, budget activity, subactivity or project funded by this Act
unless notice of such assessments and the basis therefor are presented
to the House and Senate Committees on Appropriations and are approved
by such Committees.
minority business resource center program
For the cost of guaranteed loans for short-term working capital,
$495,000, as authorized by 49 U.S.C. 332: Provided, That such costs,
including the cost of modifying such loans, shall be as defined in
section 502 of the Congressional Budget Act of 1974: Provided further,
That these funds are available to subsidize total loan principal, any
part of which is to be guaranteed, not to exceed $18,367,000. In
addition, for administrative expenses to carry out the guaranteed loan
program, $396,000.
minority business outreach
For necessary expenses of Minority Business Resource Center
outreach activities, $2,970,000, to remain available until September
30, 2008: Provided, That notwithstanding 49 U.S.C. 332, these funds may
be used for business opportunities related to any mode of
transportation.
payments to air carriers
(airport and airway trust fund)
(including transfer of funds)
In addition to funds made available from any other source to carry
out the essential air service program under 49 U.S.C. 41731 through
41742, $67,000,000, to be derived from the Airport and Airway Trust
Fund, to remain available until expended: Provided, That, in
determining between or among carriers competing to provide service to a
community, the Secretary may consider the relative subsidy requirements
of the carriers: Provided further, That, if the funds under this
heading are insufficient to meet the costs of the essential air service
program in the current fiscal year, the Secretary shall transfer such
sums as may be necessary to carry out the essential air service program
from any available amounts appropriated to or directly administered by
the Office of the Secretary for such fiscal year: Provided further,
That of the funds made available under this heading, $1,000,000 shall
be used to carry out the three marketing incentive programs authorized
by section 41748 of title 49, United States Code.
compensation for air carriers
(rescission)
Of the funds made available under section 101(a)(2) of Public Law
107-42, $50,000,000 are rescinded.
administrative provisions--office of the secretary of transportation
Sec. 101. The Administrator of the Federal Aviation Administration
may reimburse amounts made available to satisfy 49 U.S.C. 41742(a)(1)
from fees credited under 49 U.S.C. 45303: Provided, That during fiscal
year 2007, 49 U.S.C. 41742(b) shall not apply, and any amount remaining
in such account at the close of that fiscal year may be made available
to satisfy section 41742(a)(1) for the subsequent fiscal year.
Sec. 102. The Secretary of Transportation is authorized to transfer
the unexpended balances available for the bonding assistance program
from ``Office of the Secretary, Salaries and expenses'' to ``Minority
Business Outreach''.
Sec. 103. None of the funds made available in this Act to the
Department of Transportation may be obligated for the Office of the
Secretary of Transportation to approve assessments or reimbursable
agreements pertaining to funds appropriated to the modal
administrations in this Act, except for activities underway on the date
of enactment of this Act, unless such assessments or agreements have
completed the normal reprogramming process for Congressional
notification.
Sec. 104. None of the funds made available under this Act may be
obligated or expended to establish or implement a program under which
essential air service communities are required to assume subsidy costs
commonly referred to as the EAS local participation program.
Federal Aviation Administration
operations
(including transfer of funds)
For necessary expenses of the Federal Aviation Administration, not
otherwise provided for, including operations and research activities
related to commercial space transportation, administrative expenses for
research and development, establishment of air navigation facilities,
the operation (including leasing) and maintenance of aircraft,
subsidizing the cost of aeronautical charts and maps sold to the
public, lease or purchase of passenger motor vehicles for replacement
only, in addition to amounts made available by Public Law 108-176,
$8,360,000,000, of which $4,843,000,000 shall be derived from the
Airport and Airway Trust Fund, of which not to exceed $6,698,728,000
shall be available for air traffic organization activities; not to
exceed $997,718,000 shall be available for aviation regulation and
certification activities; not to exceed $11,985,000 shall be available
for commercial space transportation activities; not to exceed
$92,227,000 shall be available for financial services activities; not
to exceed $87,850,000 shall be available for human resources program
activities; not to exceed $272,821,000 shall be available for region
and center operations and regional coordination activities; not to
exceed $175,392,000 shall be available for staff offices; and not to
exceed $36,799,000 shall be available for information services:
Provided, That not to exceed 2 percent of any budget activity, except
for aviation regulation and certification budget activity, may be
transferred to any budget activity under this heading: Provided
further, That no transfer may increase or decrease any appropriation by
more than 2 percent: Provided further, That any transfer in excess of 2
percent shall be treated as a reprogramming of funds under section 810
of this Act and shall not be available for obligation or expenditure
except in compliance with the procedures set forth in that section:
Provided further, That none of the funds in this Act shall be available
for the Federal Aviation Administration to finalize or implement any
regulation that would promulgate new aviation user fees not
specifically authorized by law after the date of the enactment of this
Act: Provided further, That there may be credited to this appropriation
funds received from States, counties, municipalities, foreign
authorities, other public authorities, and private sources, for
expenses incurred in the provision of agency services, including
receipts for the maintenance and operation of air navigation
facilities, and for issuance, renewal or modification of certificates,
including airman, aircraft, and repair station certificates, or for
tests related thereto, or for processing major repair or alteration
forms: Provided further, That of the funds appropriated under this
heading, not less than $8,000,000 shall be for the contract tower cost-
sharing program: Provided further, That funds may be used to enter into
a grant agreement with a nonprofit standard-setting organization to
assist in the development of aviation safety standards: Provided
further, That none of the funds in this Act shall be available for new
applicants for the second career training program: Provided further,
That none of the funds in this Act shall be available for paying
premium pay under 5 U.S.C. 5546(a) to any Federal Aviation
Administration employee unless such employee actually performed work
during the time corresponding to such premium pay: Provided further,
That none of the funds in this Act may be obligated or expended to
operate a manned auxiliary flight service station in the contiguous
United States: Provided further, That none of the funds in this Act for
aeronautical charting and cartography are available for activities
conducted by, or coordinated through, the Working Capital Fund:
Provided further, That none of the funds in this Act may be obligated
or expended for an employee of the Federal Aviation Administration to
purchase a store gift card or gift certificate through use of a
Government-issued credit card.
facilities and equipment
(airport and airway trust fund)
For necessary expenses, not otherwise provided for, for
acquisition, establishment, technical support services, improvement by
contract or purchase, and hire of air navigation and experimental
facilities and equipment, as authorized under part A of subtitle VII of
title 49, United States Code, including initial acquisition of
necessary sites by lease or grant; engineering and service testing,
including construction of test facilities and acquisition of necessary
sites by lease or grant; construction and furnishing of quarters and
related accommodations for officers and employees of the Federal
Aviation Administration stationed at remote localities where such
accommodations are not available; and the purchase, lease, or transfer
of aircraft from funds available under this heading; to be derived from
the Airport and Airway Trust Fund, $3,110,000,000, of which
$2,662,100,000 shall remain available until September 30, 2009, and of
which $447,900,000 shall remain available until September 30, 2007:
Provided, That there may be credited to this appropriation funds
received from States, counties, municipalities, other public
authorities, and private sources, for expenses incurred in the
establishment and modernization of air navigation facilities: Provided
further, That upon initial submission to the Congress of the fiscal
year 2008 President's budget, the Secretary of Transportation shall
transmit to the Congress a comprehensive capital investment plan for
the Federal Aviation Administration which includes funding for each
budget line item for fiscal years 2008 through 2012, with total funding
for each year of the plan constrained to the funding targets for those
years as estimated and approved by the Office of Management and Budget.
research, engineering, and development
(airport and airway trust fund)
For necessary expenses, not otherwise provided for, for research,
engineering, and development, as authorized under part A of subtitle
VII of title 49, United States Code, including construction of
experimental facilities and acquisition of necessary sites by lease or
grant, $134,000,000, to be derived from the Airport and Airway Trust
Fund and to remain available until September 30, 2009: Provided, That
there may be credited to this appropriation funds received from States,
counties, municipalities, other public authorities, and private
sources, for expenses incurred for research, engineering, and
development.
grants-in-aid for airports
(liquidation of contract authorization)
(limitation on obligations)
(airport and airway trust fund)
(including transfer of funds)
For liquidation of obligations incurred for grants-in-aid for
airport planning and development, and noise compatibility planning and
programs as authorized under subchapter I of chapter 471 and subchapter
I of chapter 475 of title 49, United States Code, and under other law
authorizing such obligations; for procurement, installation, and
commissioning of runway incursion prevention devices and systems at
airports of such title; for grants authorized under section 41743 of
title 49, United States Code; and for inspection activities and
administration of airport safety programs, including those related to
airport operating certificates under section 44706 of title 49, United
States Code, $4,171,000,000 to be derived from the Airport and Airway
Trust Fund and to remain available until expended: Provided, That none
of the funds under this heading shall be available for the planning or
execution of programs the obligations for which are in excess of
$3,700,000,000 in fiscal year 2007, notwithstanding section 47117(g) of
title 49, United States Code: Provided further, That none of the funds
under this heading shall be available for the replacement of baggage
conveyor systems, reconfiguration of terminal baggage areas, or other
airport improvements that are necessary to install bulk explosive
detection systems: Provided further, That notwithstanding any other
provision of law, of funds limited under this heading, up to
$74,971,000 shall be obligated for administration, up to $10,000,000
shall be available for the airport cooperative research program, up to
$12,000,000 shall be available to carry out the Small Community Air
Service Development Program, and up to $17,870,000 shall be for airport
technology research, to remain available until expended.
grants-in-aid for airports
(airport and airway trust fund)
(rescission of contract authorization)
Of the amounts authorized for the fiscal year ending September 30,
2007 and prior years under sections 48103 and 48112 of title 49, United
States Code, $25,000,000 are rescinded.
administrative provisions--federal aviation administration
Sec. 110. Notwithstanding any other provision of law, airports may
transfer without consideration to the Federal Aviation Administration
(FAA) instrument landing systems (along with associated approach
lighting equipment and runway visual range equipment) which conform to
FAA design and performance specifications, the purchase of which was
assisted by a Federal airport-aid program, airport development aid
program or airport improvement program grant: Provided, That the
Federal Aviation Administration shall accept such equipment, which
shall thereafter be operated and maintained by FAA in accordance with
agency criteria.
Sec. 111. None of the funds in this Act may be used to compensate
in excess of 380 technical staff-years under the federally funded
research and development center contract between the Federal Aviation
Administration and the Center for Advanced Aviation Systems Development
during fiscal year 2006.
Sec. 112. None of the funds in this Act shall be used to pursue or
adopt guidelines or regulations requiring airport sponsors to provide
to the Federal Aviation Administration without cost building
construction, maintenance, utilities and expenses, or space in airport
sponsor-owned buildings for services relating to air traffic control,
air navigation, or weather reporting: Provided, That the prohibition of
funds in this section does not apply to negotiations between the agency
and airport sponsors to achieve agreement on ``below-market'' rates for
these items or to grant assurances that require airport sponsors to
provide land without cost to the FAA for air traffic control
facilities.
Sec. 113. Amounts collected under section 40113(e) of title 49,
United States Code, shall be credited to the appropriation current at
the time of collection, to be merged with and available for the same
purposes of such appropriation.
Sec. 114. None of the funds appropriated or limited by this Act may
be used to change weight restrictions or prior permission rules at
Teterboro Airport in Teterboro, New Jersey.
Sec. 115. (a) Section 44302(f)(1) of title 49, United States Code,
is amended by striking ``2006,'' each place it appears and inserting
``2007,''.
(b) Section 44303(b) of such title is amended by striking ``2006,''
and inserting ``2007,''.
Sec. 116. None of the funds made available in this Act shall be
used for engineering work related to an additional runway at Louis
Armstrong New Orleans International Airport.
Federal Highway Administration
limitation on administrative expenses
Necessary expenses for administration and operation of the Federal
Highway Administration, not to exceed $372,504,000 shall be paid in
accordance with law from appropriations made available by this Act to
the Federal Highway Administration together with advances and
reimbursements received by the Federal Highway Administration.
federal-aid highways
(limitation on obligations)
(highway trust fund)
(including transfer of funds)
None of the funds in this Act shall be available for the
implementation or execution of programs, the obligations for which are
in excess of $39,086,464,683 for Federal-aid highways and highway
safety construction programs for fiscal year 2007: Provided, That
within this obligation limitation on Federal-aid highways and highway
safety construction programs, not more than $429,800,000 shall be
available for the implementation or execution of programs for
transportation research (chapter 5 of title 23, United States Code;
sections 111, 5505, and 5506 of title 49, United States Code; and title
5 of Public Law 109-59) for fiscal year 2007: Provided further, That
this limitation on transportation research programs shall not apply to
any authority previously made available for obligation: Provided
further, That the funds authorized pursuant to 23 U.S.C. 110 for the
motor carrier safety grant program, and the obligation limitation
associated with such funds provided under this heading, shall be
transferred to the Federal Motor Carrier Safety Administration:
Provided further, That the Secretary may, as authorized by section
605(b) of title 23, United States Code, collect and spend fees to cover
the costs of services of expert firms, including counsel, in the field
of municipal and project finance to assist in the underwriting and
servicing of Federal credit instruments and all or a portion of the
costs to the Federal government of servicing such credit instruments:
Provided further, That such fees are available until expended to pay
for such costs: Provided further, That such amounts are in addition to
administrative expenses that are also available for such purpose, and
are not subject to any obligation limitation or the limitation on
administrative expenses under section 608 of title 23, United States
Code.
(liquidation of contract authorization)
(highway trust fund)
For carrying out the provisions of title 23, United States Code,
that are attributable to Federal-aid highways, not otherwise provided,
including reimbursement for sums expended pursuant to the provisions of
23 U.S.C. 308, $39,086,464,683 or so much thereof as may be available
in and derived from the Highway Trust Fund (other than the Mass Transit
Account), to remain available until expended.
(highway trust fund)
(rescission)
Of the unobligated balances of funds apportioned to each State
under chapter 1 of title 23, United States Code, $2,000,000,000 are
rescinded: Provided, That such rescission shall not apply to the funds
distributed in accordance with 23 U.S.C. 130(f), 23 U.S.C. 133(d)(1) as
in effect prior to the date of enactment of Public Law 109-59, the
first sentence of 23 U.S.C. 133(d)(3)(A), 23 U.S.C. 104(b)(5), or 23
U.S.C. 163 as in effect prior to the enactment of Public Law 109-59.
administrative provisions--federal highway administration
(including rescissions)
Sec. 120. (a) For fiscal year 2007, the Secretary of Transportation
shall--
(1) not distribute from the obligation limitation for
Federal-aid highways amounts authorized for administrative
expenses and programs by section 104(a) of title 23, United
States Code; the highway use tax evasion program; and the
Bureau of Transportation Statistics;
(2) not distribute an amount from the obligation limitation
for Federal-aid highways that is equal to the unobligated
balance of amounts made available from the Highway Trust Fund
(other than the Mass Transit Account) for Federal-aid highways
and highway safety programs for previous fiscal years the funds
for which are allocated by the Secretary;
(3) determine the ratio that--
(A) the obligation limitation for Federal-aid
highways, less the aggregate of amounts not distributed
under paragraphs (1) and (2), bears to
(B) the total of the sums authorized to be
appropriated for Federal-aid highways and highway
safety construction programs (other than sums
authorized to be appropriated for provisions of law
described in paragraphs (1) through (9) of subsection
(b) and sums authorized to be appropriated for section
105 of title 23, United States Code, equal to the
amount referred to in subsection (b)(10) for such
fiscal year), less the aggregate of the amounts not
distributed under paragraphs (1) and (2) of this
subsection;
(4)(A) distribute the obligation limitation for Federal-aid
highways, less the aggregate amounts not distributed under
paragraphs (1) and (2), for sections 1301, 1302, and 1934 of
the Safe, Accountable, Flexible, Efficient Transportation
Equity Act: A Legacy for Users; sections 117 (but individually
for each project numbered 1 through 3676 listed in the table
contained in section 1702 of the Safe, Accountable, Flexible,
Efficient Transportation Equity Act: A Legacy for Users) and
144(g) of title 23, United States Code; and section 14501 of
title 40, United States Code, so that the amount of obligation
authority available for each of such sections is equal to the
amount determined by multiplying the ratio determined under
paragraph (3) by the sums authorized to be appropriated for
that section for the fiscal year; and
(B) distribute $2,000,000,000 for section 105 of title 23,
United States Code;
(5) distribute the obligation limitation provided for
Federal-aid highways, less the aggregate amounts not
distributed under paragraphs (1) and (2) and amounts
distributed under paragraph (4), for each of the programs that
are allocated by the Secretary under the Safe, Accountable,
Flexible, Efficient Transportation Equity Act: A Legacy for
Users and title 23, United States Code (other than to programs
to which paragraphs (1) and (4) apply), by multiplying the
ratio determined under paragraph (3) by the amounts authorized
to be appropriated for each such program for such fiscal year;
and
(6) distribute the obligation limitation provided for
Federal-aid highways, less the aggregate amounts not
distributed under paragraphs (1) and (2) and amounts
distributed under paragraphs (4) and (5), for Federal-aid
highways and highway safety construction programs (other than
the amounts apportioned for the equity bonus program, but only
to the extent that the amounts apportioned for the equity bonus
program for the fiscal year are greater than $2,639,000,000,
and the Appalachian development highway system program) that
are apportioned by the Secretary under the Safe, Accountable,
Flexible, Efficient Transportation Equity Act: A Legacy for
Users and title 23, United States Code, in the ratio that--
(A) amounts authorized to be appropriated for such
programs that are apportioned to each State for such
fiscal year, bear to
(B) the total of the amounts authorized to be
appropriated for such programs that are apportioned to
all States for such fiscal year.
(b) Exceptions From Obligation Limitation.--The obligation
limitation for Federal-aid highways shall not apply to obligations: (1)
under section 125 of title 23, United States Code; (2) under section
147 of the Surface Transportation Assistance Act of 1978; (3) under
section 9 of the Federal-Aid Highway Act of 1981; (4) under subsections
(b) and (j) of section 131 of the Surface Transportation Assistance Act
of 1982; (5) under subsections (b) and (c) of section 149 of the
Surface Transportation and Uniform Relocation Assistance Act of 1987;
(6) under sections 1103 through 1108 of the Intermodal Surface
Transportation Efficiency Act of 1991; (7) under section 157 of title
23, United States Code, as in effect on the day before the date of the
enactment of the Transportation Equity Act for the 21st Century; (8)
under section 105 of title 23, United States Code, as in effect for
fiscal years 1998 through 2004, but only in an amount equal to
$639,000,000 for each of those fiscal years; (9) for Federal-aid
highway programs for which obligation authority was made available
under the Transportation Equity Act for the 21st Century or subsequent
public laws for multiple years or to remain available until used, but
only to the extent that the obligation authority has not lapsed or been
used; (10) under section 105 of title 23, United States Code, but only
in an amount equal to $639,000,000 for each of fiscal years 2005, 2006
and 2007; and (11) under section 1603 of the Safe, Accountable,
Flexible, Efficient Transportation Equity Act: A Legacy for Users, to
the extent that funds obligated in accordance with that section were
not subject to a limitation on obligations at the time at which the
funds were initially made available for obligation.
(c) Redistribution of Unused Obligation Authority.--Notwithstanding
subsection (a), the Secretary shall, after August 1 of such fiscal
year, revise a distribution of the obligation limitation made available
under subsection (a) if the amount distributed cannot be obligated
during that fiscal year and redistribute sufficient amounts to those
States able to obligate amounts in addition to those previously
distributed during that fiscal year, giving priority to those States
having large unobligated balances of funds apportioned under sections
104 and 144 of title 23, United States Code.
(d) Applicability of Obligation Limitations to Transportation
Research Programs.--The obligation limitation shall apply to
transportation research programs carried out under chapter 5 of title
23, United States Code, and title V (research title) of the Safe,
Accountable, Flexible, Efficient Transportation Equity Act: A Legacy
for Users, except that obligation authority made available for such
programs under such limitation shall remain available for a period of 3
fiscal years and shall be in addition to the amount of any limitation
imposed on obligations for Federal-aid highway and highway safety
construction programs for future fiscal years.
(e) Redistribution of Certain Authorized Funds.--
(1) In general.--Not later than 30 days after the date of
the distribution of obligation limitation under subsection (a),
the Secretary shall distribute to the States any funds that--
(A) are authorized to be appropriated for such
fiscal year for Federal-aid highways programs; and
(B) the Secretary determines will not be allocated
to the States, and will not be available for
obligation, in such fiscal year due to the imposition
of any obligation limitation for such fiscal year.
(2) Ratio.--Funds shall be distributed under paragraph (1)
in the same ratio as the distribution of obligation authority
under subsection (a)(6).
(3) Availability.--Funds distributed under paragraph (1)
shall be available for any purposes described in section 133(b)
of title 23, United States Code.
(f) Special Limitation Characteristics.--Obligation limitation
distributed for a fiscal year under subsection (a)(4) for the provision
specified in subsection (a)(4) shall--
(1) remain available until used for obligation of funds for
that provision; and
(2) be in addition to the amount of any limitation imposed
on obligations for Federal-aid highway and highway safety
construction programs for future fiscal years.
(g) High Priority Project Flexibility.--
(1) In general.--Subject to paragraph (2), obligation
authority distributed for such fiscal year under subsection
(a)(4) for each project numbered 1 through 3676 listed in the
table contained in section 1702 of the Safe, Accountable,
Flexible, Efficient Transportation Equity Act: A Legacy for
Users may be obligated for any other project in such section in
the same State.
(2) Restoration.--Obligation authority used as described in
paragraph (1) shall be restored to the original purpose on the
date on which obligation authority is distributed under this
section for the next fiscal year following obligation under
paragraph (1).
(h) Limitation on Statutory Construction.--Nothing in this section
shall be construed to limit the distribution of obligation authority
under subsection (a)(4)(A) for each of the individual projects numbered
greater than 3676 listed in the table contained in section 1702 of the
Safe, Accountable, Flexible, Efficient Transportation Equity Act: A
Legacy for Users.
Sec. 121. Notwithstanding 31 U.S.C. 3302, funds received by the
Bureau of Transportation Statistics from the sale of data products, for
necessary expenses incurred pursuant to 49 U.S.C. 111 may be credited
to the Federal-aid highways account for the purpose of reimbursing the
Bureau for such expenses: Provided, That such funds shall be subject to
the obligation limitation for Federal-aid highways and highway safety
construction.
Sec. 122. Notwithstanding any other provision of law, funds
authorized under section 110 of title 23, United States Code, for
fiscal year 2007 shall be apportioned to the States in accordance with
section 1105(f) of the Safe, Accountable, Flexible, Efficient
Transportation Equity Act: A Legacy for Users (Public Law 109-59; 119
Stat. 1144, 1166), except that before allocations in accordance with
section 1105(f)(3) of such Act are made, $300,000,000 shall be set
aside for the Transportation, Community, and System Preservation
Program under section 1117 of such Act (119 Stat. at 1177-1179) and
administered in accordance with section 1117(g)(2) of such Act.
Sec. 123. Notwithstanding any other provision of law, funds
provided in Public Law 102-143 in the item relating to ``Highway Bypass
Demonstration Project'' shall be available for the improvement of Route
101 in the vicinity of Prunedale, Monterey County, California.
Sec. 124. Of the unobligated balances made available under Public
Law 101-516, Public Law 102-143, Public Law 102-240, Public Law 103-
331, Public Law 105-178, Public Law 106-346, Public Law 107-87, and
Public Law 108-7, $12,177,193.53 are rescinded.
Sec. 125. Of the unobligated balances made available under section
188(a)(1) of title 23, United States Code, as in effect prior to the
date of enactment of Public Law 109-59, and under section 608(a)(1) of
such title, $100,000,000 are rescinded.
Sec. 126. Of the amounts made available under section 104(a) of
title 23, United States Code, $14,460,721 is rescinded.
Sec. 127. Of the unobligated balances made available for fiscal
year 2005, under title 5 of Public Law 109-59, for the implementation
or execution of programs for transportation research, $37,815,112 is
rescinded.
Sec. 128. Notwithstanding any other provision of law, funds
provided under section 378 of the Department of Transportation and
Related Agencies Appropriations Act, 2001 (Public Law 106-346, 114
Stat. 1356, 1356A-41), for the reconstruction of School Road East in
Marlboro Township, New Jersey, shall be available for the Spring Valley
Road Project in Marlboro Township, New Jersey.
Sec. 129. Notwithstanding any other provision of law, none of the
funds made available or limited by this Act shall be used for (1) the
development, planning, design, or construction of a bridge joining the
Island of Gravina to the Community of Ketchikan, Alaska; (2) the
development, planning, design, or construction of the Knik Arm Bridge,
Alaska; or (3) any administrative expense of the Federal Highway
Administration to provide payment or reimbursement for any expense
incurred by the State of Alaska in carrying out an activity described
in paragraph (1) or (2).
Federal Motor Carrier Safety Administration
motor carrier safety grants
(liquidation of contract authorization)
(limitation on obligations)
(highway trust fund)
For payment of obligations incurred in carrying out sections 31102,
31104(a), 31106, 31107, 31109, 31309, 31313 of title 49, United States
Code, and sections 4126 and 4128 of Public Law 109-59, $294,000,000, to
be derived from the Highway Trust Fund (other than the Mass Transit
Account) and to remain available until expended: Provided, That none of
the funds in this Act shall be available for the implementation or
execution of programs, the obligations for which are in excess of
$294,000,000, for ``Motor Carrier Safety Grants''; of which
$197,000,000 shall be available for the motor carrier safety assistance
program to carry out sections 31102 and 31104(a) of title 49, United
States Code; $25,000,000 shall be available for the commercial driver's
license improvements program to carry out section 31313 of title 49,
United States Code; $32,000,000 shall be available for the border
enforcement grants program to carry out section 31107 of title 49,
United States Code; $5,000,000 shall be available for the performance
and registration information system management program to carry out
sections 31106(b) and 31109 of title 49, United States Code;
$25,000,000 shall be available for the commercial vehicle information
systems and networks deployment program to carry out section 4126 of
Public Law 109-59; $3,000,000 shall be available for the safety data
improvement program to carry out section 4128 of Public Law 109-59; and
$7,000,000 shall be available for the commercial driver's license
information system modernization program to carry out section 31309(e)
of title 49, United States Code.
motor carrier safety operations and programs
(liquidation of contract authorization)
(limitation on obligations)
(highway trust fund)
For payment of obligations incurred in the implementation,
execution, and administration of the motor carrier safety operations
and programs pursuant to section 31104(i) of title 49, United States
Code, and sections 4127 and 4134 of Public Law 109-59, $223,000,000, to
be derived from the Highway Trust Fund (other than the Mass Transit
Account), together with advances and reimbursements received by the
Federal Motor Carrier Safety Administration, the sum of which shall
remain available until expended: Provided, That none of the funds
derived from the Highway Trust Fund in this Act shall be available for
the implementation, execution or administration of programs, the
obligations for which are in excess of $223,000,000, for ``Motor
Carrier Safety Operations and Programs'', of which $10,296,000, to
remain available for obligation until September 30, 2009, is for the
research and technology program and $1,000,000 shall be available for
commercial motor vehicle operator's grants to carry out section 4134 of
Public Law 109-59: Provided further, That none of the funds under this
heading for outreach and education shall be available for transfer.
motor carrier safety
(highway trust fund)
(rescission)
Of the amounts made available under this heading in prior
appropriations Acts, $27,122,669 in unobligated balances are rescinded.
national motor carrier safety program
(highway trust fund)
(rescission)
Of the amounts made available under this heading in prior
appropriations Acts, $3,419,816 in unobligated balances are rescinded.
administrative provisions--federal motor carrier safety administration
Sec. 130. Funds appropriated or limited in this Act shall be
subject to the terms and conditions stipulated in section 350 of Public
Law 107-87, including that the Secretary submit a report to the House
and Senate Appropriations Committees annually on the safety and
security of transportation into the United States by Mexico-domiciled
motor carriers.
National Highway Traffic Safety Administration
operations and research
For expenses necessary to discharge the functions of the Secretary,
with respect to traffic and highway safety under subtitle C of title X
of Public Law 105-59, chapter 301 of title 49, United States Code, and
part C of subtitle VI of title 49, United States Code, $122,000,000, of
which $48,405,000 shall remain available until September 30, 2009:
Provided, That none of the funds appropriated by this Act may be
obligated or expended to plan, finalize, or implement any rulemaking to
add to section 575.104 of title 49 of the Code of Federal Regulations
any requirement pertaining to a grading standard that is different from
the three grading standards (treadwear, traction, and temperature
resistance) already in effect.
operations and research
(liquidation of contract authorization)
(limitation on obligations)
(highway trust fund)
For payment of obligations incurred in carrying out the provisions
of 23 U.S.C. 403, $107,750,000, to be derived from the Highway Trust
Fund (other than the Mass Transit Account) and to remain available
until expended: Provided, That none of the funds in this Act shall be
available for the planning or execution of programs the total
obligations for which, in fiscal year 2007, are in excess of
$107,750,000 for programs authorized under 23 U.S.C. 403.
(rescission)
Of amounts made available under this heading in prior
appropriations Acts, $6,772,751 in unobligated balances are rescinded.
national driver register
(liquidation of contract authorization)
(limitation on obligations)
(highway trust fund)
For payment of obligations incurred in carrying out chapter 303 of
title 49, United States Code, $4,000,000, to be derived from the
Highway Trust Fund (other than the Mass Transit Account) and remain
available until expended: Provided, That none of the funds in this Act
shall be available for the implementation or execution of programs the
obligations for which are in excess of $4,000,000 for the National
Driver Register authorized under chapter 303 of title 49, United States
Code.
(rescission)
Of amounts made available under this heading in prior
appropriations Acts, $8,553 in unobligated balances are rescinded.
highway traffic safety grants
(liquidation of contract authorization)
(limitation on obligations)
(highway trust fund)
For payment of obligations incurred in carrying out the provisions
of 23 U.S.C. 402, 405, 406, 408, and 410 and sections 2001(a)(11),
2009, 2010, and 2011 of Public Law 109-59, to remain available until
expended, $587,750,000 to be derived from the Highway Trust Fund (other
than the Mass Transit Account): Provided, That none of the funds in
this Act shall be available for the planning or execution of programs
the total obligations for which, in fiscal year 2007, are in excess of
$587,750,000 for programs authorized under 23 U.S.C. 402, 405, 406,
408, and 410 and sections 2001(a)(11), 2009, 2010, and 2011 of Public
Law 109-59, of which $220,000,000 shall be for ``Highway Safety
Programs'' under 23 U.S.C. 402; $25,000,000 shall be for ``Occupant
Protection Incentive Grants'' under 23 U.S.C. 405; $124,500,000 shall
be for ``Safety Belt Performance Grants'' under 23 U.S.C. 406;
$34,500,000 shall be for ``State Traffic Safety Information System
Improvements'' under 23 U.S.C. 408; $125,000,000 shall be for
``Alcohol-Impaired Driving Countermeasures Incentive Grant Program''
under 23 U.S.C. 410; $17,750,000 shall be for ``Administrative
Expenses'' under section 2001(a)(11) of Public Law 109-59; $29,000,000
shall be for ``High Visibility Enforcement Program'' under section 2009
of Public Law 109-59; $6,000,000 shall be for ``Motorcyclist Safety''
under section 2010 of Public Law 109-59; and $6,000,000 shall be for
``Child Safety and Child Booster Seat Safety Incentive Grants'' under
section 2011 of Public Law 109-59: Provided further, That none of these
funds shall be used for construction, rehabilitation, or remodeling
costs, or for office furnishings and fixtures for State, local or
private buildings or structures: Provided further, That not to exceed
$500,000 of the funds made available for section 410 ``Alcohol-Impaired
Driving Countermeasures Grants'' shall be available for technical
assistance to the States: Provided further, That not to exceed $750,000
of the funds made available for the ``High Visibility Enforcement
Program'' shall be available for the evaluation required under section
2009(f) of Public Law 109-59.
(rescission)
Of amounts made available under this heading in prior
appropriations Acts, $5,646,863 in unobligated balances are rescinded.
administrative provisions--national highway traffic safety
administration
Sec. 140. Notwithstanding any other provision of law or limitation
on the use of funds made available under section 403 of title 23,
United States Code, an additional $130,000 shall be made available to
the National Highway Traffic Safety Administration, out of the amount
limited for section 402 of title 23, United States Code, to pay for
travel and related expenses for State management reviews and to pay for
core competency development training and related expenses for highway
safety staff.
Federal Railroad Administration
safety and operations
For necessary expenses of the Federal Railroad Administration, not
otherwise provided for, $150,083,000, of which $13,870,890 shall remain
available until expended.
railroad research and development
For necessary expenses for railroad research and development,
$34,650,000, to remain available until expended.
Railroad Rehabilitation and Improvement Program
The Secretary of Transportation is authorized to issue to the
Secretary of the Treasury notes or other obligations pursuant to
section 512 of the Railroad Revitalization and Regulatory Reform Act of
1976 (Public Law 94-210), as amended, in such amounts and at such times
as may be necessary to pay any amounts required pursuant to the
guarantee of the principal amount of obligations under sections 511
through 513 of such Act, such authority to exist as long as any such
guaranteed obligation is outstanding: Provided, That pursuant to
section 502 of such Act, as amended, no new direct loans or loan
guarantee commitments shall be made using Federal funds for the credit
risk premium during fiscal year 2007.
Capital and Debt Service Grants to the National Railroad Passenger
Corporation
To enable the Secretary of Transportation to make quarterly grants
to the National Railroad Passenger Corporation for the maintenance and
repair of capital infrastructure owned by the National Railroad
Passenger Corporation, including railroad equipment, rolling stock,
legal mandates and other services, $500,000,000, to remain available
until expended, of which not to exceed $280,000,000 shall be for debt
service obligations: Provided, That the Secretary of Transportation
shall approve funding for capital expenditures, including advance
purchase orders, for the National Railroad Passenger Corporation only
after receiving and reviewing a grant request for each specific capital
grant justifying the Federal support to the Secretary's satisfaction:
Provided further, That none of the funds under this heading may be used
to subsidize operating losses of the National Railroad Passenger
Corporation: Provided further, That none of the funds under this
heading may be used for capital projects not approved by the Secretary
of Transportation and on the National Railroad Passenger Corporation's
fiscal year 2007 business plan.
Efficiency Incentive Grants to the National Railroad Passenger
Corporation
(including transfer of funds)
For an additional amount to be made available to the Secretary for
efficiency incentive grants to the National Railroad Passenger
Corporation, $400,000,000, to remain available until expended:
Provided, That the Secretary may make grants to the National Railroad
Passenger Corporation for an additional sum for operating subsidies at
any time during the fiscal year for the purpose of maintaining the
operation of existing or new Amtrak routes: Provided further, That
nothing in the previous proviso should be interpreted either to
encourage or discourage the Corporation with respect to adjusting
existing routes or frequencies: Provided further, That the Secretary of
Transportation shall reserve $60,000,000 of the funds provided under
this heading and is authorized to transfer such sums to the Surface
Transportation Board, upon request from said Board, to carry out
directed service orders issued pursuant to section 11123 of title 49,
United States Code, to respond to the cessation of commuter rail
operations by the National Railroad Passenger Corporation: Provided
further, That the Secretary of Transportation shall make the reserved
funds available to the National Railroad Passenger Corporation through
an appropriate grant instrument not earlier than September 1, 2007 to
the extent that no directed service orders have been issued by the
Surface Transportation Board as of the date of transfer or there is a
balance of reserved funds not needed by the Board to pay for any
directed service order issued through September 30, 2007: Provided
further, That upon the receipt and approval of Amtrak's fiscal year
2007 business plan and if the Secretary deems it in the best interests
of the transportation system, in his sole discretion, the Secretary may
make grants to the Corporation at such times and in such amounts for
intercity passenger rail, including coverage of operating losses of the
Corporation: Provided further, That the Secretary shall approve funding
to cover operating losses for the Corporation only after receiving and
reviewing a grant request for each specific train route: Provided
further, That each such grant request shall be accompanied by a
detailed financial analysis, revenue projection, and capital
expenditure projection justifying the Federal support to the
Secretary's satisfaction: Provided further, That the Corporation is
directed to achieve savings through the operating efficiencies
including, but not limited to, modifications to food and beverage
service and first class service and efficiencies in overhead: Provided
further, That the Inspector General of the Department of Transportation
shall report to the House and Senate Committees on Appropriations
beginning three months after the date of the enactment of this Act and
quarterly thereafter with estimates of the savings accrued as a result
of all operational reforms instituted by the Corporation: Provided
further, That if the Inspector General cannot certify that the
Corporation has achieved operational savings by July 1, 2007, none of
the funds in this Act may be used after July 1, 2007, to subsidize the
net losses of food and beverage service and sleeper car service on any
Amtrak route: Provided further, That not later than 120 days after
enactment of this Act, Amtrak shall transmit to the House and Senate
Committees on Appropriations a detailed plan to improve the financial
performance of food and beverage service and a detailed plan to improve
the financial performance of first class service (including sleeping
car service) so that these services are revenue neutral or better on a
fully allocated cost basis no later than October 1, 2008: Provided
further, That these plans shall include milestones and target dates for
implementation and projected cost savings in fiscal years 2007 and 2008
and that Amtrak shall report quarterly to the House and Senate
Committees on Appropriations on its progress in implementing these
plans, quantify savings realized to date on a monthly basis compared to
those projected in the plans, identify any changes in the plans or
delays in implementing these plans, and identify the causes of delay
and proposed corrective measures: Provided further, That not later than
120 days after enactment of this Act, Amtrak shall transmit to the
House and Senate Committees on Appropriations a report on its overhead
expenses as of October 1, 2006, identifying those that are directly
associated with a specific route or group of routes or lines of
business and those system overhead expenses not directly charged to
specific trains, routes or other lines of business, and a plan to
reduce system overhead expenses by 10 percent annually through
strategic investments, transfer of responsibilities to entities that
request Amtrak provide specific services, and other measures: Provided
further, That as part of its report and plan to reduce overhead
expenses, Amtrak shall include a report on the expenses associated with
intercity passenger rail reservations and ticketing, including a
comparison of such expenses to those associated with domestic airlines
and intercity bus service, and a plan, including milestones and target
dates, for reducing the expenses associated with its reservations and
ticketing including technology enhancements, the use of electronic
ticketing, and such other measures that will result in expense savings,
enhanced revenue, and assure accurate manifests of passengers on
specific trains at all times: Provided further, That not later than
October 1, 2008, Amtrak shall reduce its system overhead expenses by 10
percent from the level identified as existing on October 1, 2006, and
in each subsequent fiscal year, reduce system overhead expenses by 10
percent of the level existing on October 1 of the immediate preceding
year: Provided further, That if the Inspector General deems it
necessary for the continued development and implementation, not less
than $5,000,000 of the funds provided under this section shall be
expended for the managerial cost accounting system, which includes
average and marginal unit cost capability: Provided further, That
within 30 days of the development of the managerial cost accounting
system, the Department of Transportation's Inspector General shall
review and comment to the Secretary and the House and Senate Committees
on Appropriations upon the strengths and weaknesses of the system and
how it best can be implemented to improve decision making by the Board
of Directors and management of the Corporation: Provided further, That
no later than 120 days after enactment of this Act, Amtrak shall
transmit to the House and Senate Committees on Appropriations a
detailed plan, including milestones, target dates and cost estimates,
to improve its management cost accounting system and integrate such
system with the Corporation's other processes including budgeting,
financial forecasting and modeling, and accounting, to permit more
informed decisions by management and the Board of Directors as to the
financial ramifications of proposed changes to routes and services:
Provided further, That, as part of the plan to improve its management
cost accounting system, Amtrak shall include a plan to improve or
replace the Corporation's Route Profitability System (RPS) to provide
more current, accurate, and clear information on revenues and expenses
on all of the Corporation's routes and services, including the
allocation of expenses not directly charged to specific trains, routes,
or other business lines: Provided further, That not later than 60 days
after the enactment of this Act, the Corporation shall transmit, in
electronic format, to the Secretary, the House and Senate Committees on
Appropriations, the House Committee on Transportation and
Infrastructure, and Senate Committee on Commerce, Science, and
Transportation a comprehensive business plan approved by the Board of
Directors for fiscal year 2007 under 49 U.S.C. 24104(a): Provided
further, That the business plan shall include, as applicable, targets
for ridership, revenues, and capital and operating expenses: Provided
further, That the plan shall also include a separate accounting of such
targets for the Northeast Corridor; commuter service; long-distance
Amtrak service; State-supported service; each intercity train route,
including Autotrain; and commercial activities including contract
operations: Provided further, That the business plan shall include a
description of the work to be funded, along with cost estimates and an
estimated timetable for completion of the projects covered by the
business plan: Provided further, That the Corporation shall continue to
provide monthly reports in electronic format regarding the pending
business plan, which shall describe the work completed to date, any
changes to the business plan, and the reasons for such changes, and
shall identify all sole source contract awards which shall be
accompanied by a justification as to why said contract was awarded on a
sole source basis: Provided further, That none of the funds in this Act
may be used for operating expenses, including advance purchase orders,
not approved by the Secretary and in the Corporation's fiscal year 2007
business plan: Provided further, That the Corporation shall display the
business plan and all subsequent supplemental plans on the
Corporation's website within a reasonable timeframe following their
submission to the appropriate entities: Provided further, That none of
the funds under this heading may be obligated or expended until the
Corporation agrees to continue to abide by the provisions of paragraphs
1, 2, 3, 5, and 11 of the summary of conditions for the direct loan
agreement of June 28, 2002, in the same manner as in effect on the date
of enactment of this Act: Provided further, That the Secretary may, at
his discretion, condition the award of efficiency incentive grant funds
on reform requirements for the Corporation and his assessment of
progress towards such reform requirements: Provided further, That none
of the funds provided in this Act may be used after March 1, 2006, to
support any route on which Amtrak offers a discounted fare of more than
50 percent off the normal, peak fare.
Administrative Provisions--Federal Railroad Administration
Sec. 150. The Secretary may purchase promotional items of nominal
value for use in public outreach activities to accomplish the purposes
of 49 U.S.C. 20134: Provided, That the Secretary shall prescribe
guidelines for the administration of such purchases and use.
Federal Transit Administration
Administrative Expenses
(including transfer of funds)
For necessary administrative expenses of the Federal Transit
Administration's programs authorized by chapter 53 of title 49, United
States Code, $85,000,000: Provided, That of the funds available under
this heading, not to exceed $1,063,000 shall be available for the
Office of the Administrator; not to exceed $7,654,000 shall be
available for the Office of Administration; not to exceed $4,273,000
shall be available for the Office of the Chief Counsel; not to exceed
$1,394,000 shall be available for the Office of Communication and
Congressional Affairs; not to exceed $8,403,000 shall be available for
the Office of Program Management; not to exceed $9,259,000 shall be
available for the Office of Budget and Policy; not to exceed $4,876,000
shall be available for the Office of Demonstration and Innovation; not
to exceed $3,272,000 shall be available for the Office of Civil Rights;
not to exceed $4,718,000 shall be available for the Office of Planning;
not to exceed $22,420,000 shall be available for regional offices; and
not to exceed $17,668,000 shall be available for the central account:
Provided further, That the Administrator is authorized to transfer
funds appropriated for an office of the Federal Transit Administration:
Provided further, That no appropriation for an office shall be
increased or decreased by more than a total of 5 percent during the
fiscal year by all such transfers: Provided further, That any change in
funding greater than 5 percent shall be submitted for approval to the
House and Senate Committees on Appropriations: Provided further, That
any funding transferred from the central account shall be submitted for
approval to the House and Senate Committees on Appropriations: Provided
further, That none of the funds provided or limited in this Act may be
used to create a permanent office of transit security under this
heading: Provided further, That of the funds in this Act available for
the execution of contracts under section 5327(c) of title 49, United
States Code, $2,000,000 shall be reimbursed to the Department of
Transportation's Office of Inspector General for costs associated with
audits and investigations of transit-related issues, including reviews
of new fixed guideway systems: Provided further, That upon submission
to the Congress of the fiscal year 2008 President's budget, the
Secretary of Transportation shall transmit to Congress the annual
report on new starts, including proposed allocations of funds for
fiscal year 2008.
Formula and Bus Grants
(liquidation of contract authority)
(limitation on obligations)
(including rescission)
For payment of obligations incurred in carrying out the provisions
of 49 U.S.C. 5305, 5307, 5308, 5309, 5310, 5311, 5316, 5317, 5320,
5335, 5339, and 5340 and section 3038 of Public Law 105-178, as
amended, $3,925,000,000, to be derived from the Mass Transit Account of
the Highway Trust Fund and to remain available until expended:
Provided, That funds available for the implementation or execution of
programs authorized under 49 U.S.C. 5305, 5307, 5308, 5309, 5310, 5311,
5316, 5317, 5320, 5335, 5339, and 5340 and section 3038 of Public Law
105-178, as amended, shall not exceed total obligations of
$7,262,775,000 in fiscal year 2007: Provided further, That $28,660,920
in unobligated balances are cancelled.
Research and University Research Centers
For necessary expenses to carry out 49 U.S.C. 5306, 5312-5315,
5322, and 5506, $65,000,000, to remain available until expended:
Provided, That $9,300,000 is available to carry out the transit
cooperative research program under section 5313 of title 49, United
States Code, $4,300,000 is available for the National Transit Institute
under section 5315 of title 49, United States Code, $7,000,000 is
available for university transportation centers program under section
5506 of title 49, United States Code: Provided further, That
$49,400,000 is available to carry out national research programs under
sections 5312, 5313, 5314, and 5322 of title 49, United States Code.
Capital Investment Grants
(including rescission)
For necessary expenses to carry out section 5309 of title 49,
United States Code, $1,566,000,000, to remain available until expended:
Provided, That $17,760,000 in unobligated balances are cancelled.
Administrative Provisions--Federal Transit Administration
(including transfer of funds)
Sec. 160. The limitations on obligations for the programs of the
Federal Transit Administration shall not apply to any authority under
49 U.S.C. 5338, previously made available for obligation, or to any
other authority previously made available for obligation.
Sec. 161. Notwithstanding any other provision of law, funds made
available by this Act under ``Federal Transit Administration, Capital
investment grants'' and bus and bus facilities under ``Federal Transit
Administration, Formula and Bus Grants'' for projects specified in this
Act or identified in reports accompanying this Act not obligated by
September 30, 2009, and other recoveries, shall be made available for
other projects under 49 U.S.C. 5309.
Sec. 162. Notwithstanding any other provision of law, any funds
appropriated before October 1, 2006, under any section of chapter 53 of
title 49, United States Code, that remain available for expenditure may
be transferred to and administered under the most recent appropriation
heading for any such section.
Sec. 163. During fiscal years 2007 and 2008, each Federal Transit
Administration grant for a project that involves the acquisition of
rehabilitation of a bus to be used in public transportation shall be
for 100 percent of the net capital costs of a factory-installed or
retrofitted hybrid electric propulsion system and any equipment related
to such a system: Provided, That the Secretary shall have the
discretion to determine, through practicable administrative procedures,
the costs attributable to the system and related-equipment.
Sec. 164. Notwithstanding any other provision of law, unobligated
funds made available for a new fixed guideway systems projects under
the heading ``Federal Transit Administration, Capital Investment
Grants'' in any appropriations Act prior to this Act may be used during
this fiscal year to satisfy expenses incurred for such projects for
activities eligible in the year the funds were appropriated.
Sec. 165. Hereinafter, the non-Federal share of the net project
cost of the San Gabriel Valley Metro Gold Line connecting Los Angeles,
South Pasadena and Pasadena shall be counted toward satisfying the
Federal matching requirements under 49 U.S.C. 5309 on any phase of the
San Gabriel Valley Gold Line Foothill Extension continuing from
Pasadena to Montclair.
Saint Lawrence Seaway Development Corporation
The Saint Lawrence Seaway Development Corporation is hereby
authorized to make such expenditures, within the limits of funds and
borrowing authority available to the Corporation, and in accord with
law, and to make such contracts and commitments without regard to
fiscal year limitations as provided by section 104 of the Government
Corporation Control Act, as amended, as may be necessary in carrying
out the programs set forth in the Corporation's budget for the current
fiscal year.
Operations and Maintenance
(harbor maintenance trust fund)
For necessary expenses for operations and maintenance of those
portions of the Saint Lawrence Seaway operated and maintained by the
Saint Lawrence Seaway Development Corporation, $17,425,000, to be
derived from the Harbor Maintenance Trust Fund, pursuant to Public Law
99-662.
Maritime Administration
Maritime Security Program
For necessary expenses to maintain and preserve a U.S.-flag
merchant fleet to serve the national security needs of the United
States, $154,440,000, to remain available until expended.
Operations and Training
For necessary expenses of operations and training activities
authorized by law, $116,442,000, of which $24,009,000 shall remain
available until September 30, 2007, for salaries and benefits of
employees of the United States Merchant Marine Academy; of which
$14,850,000 shall remain available until expended for capital
improvements at the United States Merchant Marine Academy; and of which
$7,920,000 shall remain available until expended for the State Maritime
Schools Schoolship Maintenance and Repair.
Ship Disposal
For necessary expenses related to the disposal of obsolete vessels
in the National Defense Reserve Fleet of the Maritime Administration,
$25,740,000, to remain available until expended.
Maritime Guaranteed Loan (Title XI) Program Account
(including transfer of funds and rescission)
For administrative expenses to carry out the guaranteed loan
program, not to exceed $3,317,000, which shall be transferred to and
merged with the appropriation for Operations and Training: Provided,
That of the unobligated balances available under this heading,
$2,000,000 are cancelled.
National Defense Tank Vessel Construction Program
(rescission)
All unobligated balances under this heading are rescinded.
Administrative Provisions--Maritime Administration
Sec. 170. Notwithstanding any other provision of this Act, the
Maritime Administration is authorized to furnish utilities and services
and make necessary repairs in connection with any lease, contract, or
occupancy involving Government property under control of the Maritime
Administration, and payments received therefore shall be credited to
the appropriation charged with the cost thereof: Provided, That rental
payments under any such lease, contract, or occupancy for items other
than such utilities, services, or repairs shall be covered into the
Treasury as miscellaneous receipts.
Sec. 171. No obligations shall be incurred during the current
fiscal year from the construction fund established by the Merchant
Marine Act, 1936 (46 App. U.S.C. 1101 et seq.), or otherwise, in excess
of the appropriations and limitations contained in this Act or in any
prior appropriations Act.
Pipeline and Hazardous Materials Safety Administration
administrative expenses
For necessary administrative expenses of the Pipeline and Hazardous
Materials Safety Administration, $17,721,000, of which $639,000 shall
be derived from the Pipeline Safety Fund.
hazardous materials safety
For expenses necessary to discharge the hazardous materials safety
functions of the Pipeline and Hazardous Materials Safety
Administration, $27,225,000, of which $2,111,000 shall remain available
until September 30, 2009: Provided, That up to $1,200,000 in fees
collected under 49 U.S.C. 5108(g) shall be deposited in the general
fund of the Treasury as offsetting receipts: Provided further, That
there may be credited to this appropriation, to be available until
expended, funds received from States, counties, municipalities, other
public authorities, and private sources for expenses incurred for
training, for reports publication and dissemination, and for travel
expenses incurred in performance of hazardous materials exemptions and
approvals functions.
pipeline safety
(pipeline safety fund)
(oil spill liability trust fund)
For expenses necessary to conduct the functions of the pipeline
safety program, for grants-in-aid to carry out a pipeline safety
program, as authorized by 49 U.S.C. 60107, and to discharge the
pipeline program responsibilities of the Oil Pollution Act of 1990,
$75,735,000, of which $18,810,000 shall be derived from the Oil Spill
Liability Trust Fund and shall remain available until September 30,
2009; of which $56,925,000 shall be derived from the Pipeline Safety
Fund, of which $24,000,000 shall remain available until September 30,
2009: Provided, That not less than $1,000,000 of the funds provided
under this heading shall be for the one-call State grant program.
emergency preparedness grants
(emergency preparedness fund)
For necessary expenses to carry out 49 U.S.C. 5128(b), $198,000, to
be derived from the Emergency Preparedness Fund, to remain available
until September 30, 2008: Provided, That not more than $28,328,000
shall be made available for obligation in fiscal year 2007 from amounts
made available by 49 U.S.C. 5116(i) and 5128(b)-(c): Provided further,
That none of the funds made available by 49 U.S.C. 5116(i), 5128(b), or
5128(c) shall be made available for obligation by individuals other
than the Secretary of Transportation, or his designee.
Research and Innovative Technology Administration
research and development
For necessary expenses of the Research and Innovative Technology
Administration, $6,367,000, of which $1,120,000 shall remain available
until September 30, 2009: Provided, That there may be credited to this
appropriation, to be available until expended, funds received from
States, counties, municipalities, other public authorities, and private
sources for expenses incurred for training.
Office of Inspector General
salaries and expenses
For necessary expenses of the Office of Inspector General to carry
out the provisions of the Inspector General Act of 1978, as amended,
$64,143,000: Provided, That the Inspector General shall have all
necessary authority, in carrying out the duties specified in the
Inspector General Act, as amended (5 U.S.C. App. 3), to investigate
allegations of fraud, including false statements to the government (18
U.S.C. 1001), by any person or entity that is subject to regulation by
the Department: Provided further, That the funds made available under
this heading shall be used to investigate, pursuant to section 41712 of
title 49, United States Code: (1) unfair or deceptive practices and
unfair methods of competition by domestic and foreign air carriers and
ticket agents; and (2) the compliance of domestic and foreign air
carriers with respect to item (1) of this proviso.
Surface Transportation Board
salaries and expenses
For necessary expenses of the Surface Transportation Board,
including services authorized by 5 U.S.C. 3109, $25,618,000: Provided,
That notwithstanding any other provision of law, not to exceed
$1,250,000 from fees established by the Chairman of the Surface
Transportation Board shall be credited to this appropriation as
offsetting collections and used for necessary and authorized expenses
under this heading: Provided further, That the sum herein appropriated
from the general fund shall be reduced on a dollar-for-dollar basis as
such offsetting collections are received during fiscal year 2007, to
result in a final appropriation from the general fund estimated at no
more than $24,368,000.
General Provisions--Department of Transportation
(including transfer of funds)
Sec. 180. During the current fiscal year applicable appropriations
to the Department of Transportation shall be available for maintenance
and operation of aircraft; hire of passenger motor vehicles and
aircraft; purchase of liability insurance for motor vehicles operating
in foreign countries on official department business; and uniforms or
allowances therefor, as authorized by law (5 U.S.C. 5901-5902).
Sec. 181. Appropriations contained in this Act for the Department
of Transportation shall be available for services as authorized by 5
U.S.C. 3109, but at rates for individuals not to exceed the per diem
rate equivalent to the rate for an Executive Level IV.
Sec. 182. None of the funds in this Act shall be available for
salaries and expenses of more than 110 political and Presidential
appointees in the Department of Transportation: Provided, That none of
the personnel covered by this provision may be assigned on temporary
detail outside the Department of Transportation.
Sec. 183. None of the funds in this Act shall be used to implement
section 404 of title 23, United States Code.
Sec. 184. (a) No recipient of funds made available in this Act
shall disseminate personal information (as defined in 18 U.S.C.
2725(3)) obtained by a State department of motor vehicles in connection
with a motor vehicle record as defined in 18 U.S.C. 2725(1), except as
provided in 18 U.S.C. 2721 for a use permitted under 18 U.S.C. 2721.
(b) Notwithstanding subsection (a), the Secretary shall not
withhold funds provided in this Act for any grantee if a State is in
noncompliance with this provision.
Sec. 185. Funds received by the Federal Highway Administration,
Federal Transit Administration, and Federal Railroad Administration
from States, counties, municipalities, other public authorities, and
private sources for expenses incurred for training may be credited
respectively to the Federal Highway Administration's ``Federal-Aid
Highways'' account, the Federal Transit Administration's ``Research and
University Research Centers'' account, and to the Federal Railroad
Administration's ``Safety and Operations'' account, except for State
rail safety inspectors participating in training pursuant to 49 U.S.C.
20105.
Sec. 186. Notwithstanding any other provisions of law, rule or
regulation, the Secretary of Transportation is authorized to allow the
issuer of any preferred stock heretofore sold to the Department to
redeem or repurchase such stock upon the payment to the Department of
an amount determined by the Secretary.
Sec. 187. None of the funds in this Act to the Department of
Transportation may be used to make a grant unless the Secretary of
Transportation notifies the House and Senate Committees on
Appropriations not less than 3 full business days before any
discretionary grant award, letter of intent, or full funding grant
agreement totaling $1,000,000 or more is announced by the department or
its modal administrations from: (1) any discretionary grant program of
the Federal Highway Administration other than the emergency relief
program; (2) the airport improvement program of the Federal Aviation
Administration; or (3) any program of the Federal Transit
Administration other than the formula grants and fixed guideway
modernization programs: Provided, That no notification shall involve
funds that are not available for obligation.
Sec. 188. Rebates, refunds, incentive payments, minor fees and
other funds received by the Department of Transportation from travel
management centers, charge card programs, the subleasing of building
space, and miscellaneous sources are to be credited to appropriations
of the Department of Transportation and allocated to elements of the
Department of Transportation using fair and equitable criteria and such
funds shall be available until expended.
Sec. 189. Amounts made available in this or any other Act that the
Secretary determines represent improper payments by the Department of
Transportation to a third party contractor under a financial assistance
award, which are recovered pursuant to law, shall be available--
(1) to reimburse the actual expenses incurred by the
Department of Transportation in recovering improper payments;
and
(2) to pay contractors for services provided in recovering
improper payments or contractor support in the implementation
of the Improper Payments Information Act of 2002: Provided,
That amounts in excess of that required for paragraphs (1) and
(2)--
(A) shall be credited to and merged with the
appropriation from which the improper payments were
made, and shall be available for the purposes and
period for which such appropriations are available; or
(B) if no such appropriation remains available,
shall be deposited in the Treasury as miscellaneous
receipts: Provided, That the Secretary shall report
annually to the House and Senate Committees on
Appropriations the amount and reasons for these
transfers: Provided further, That for purposes of this
section, the term ``improper payments'', has the same
meaning as that provided in section 2(d)(2) of Public
Law 107-300.
This title may be cited as the ``Department of Transportation
Appropriations Act, 2007''.
TITLE II
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, $223,786,000, of which not to exceed $8,760,000 is
for executive direction program activities; not to exceed $8,741,000 is
for general counsel program activities; not to exceed $41,947,000 is
for economic policies and programs activities; not to exceed
$27,086,000 is for financial policies and programs activities; not to
exceed $45,401,000 is for terrorism and financial intelligence
activities; not to exceed $18,534,000 is for Treasury-wide management
policies and programs activities; and not to exceed $73,317,000 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
three percent by all such transfers: Provided further, That any change
in funding greater than three 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, 2008, for
information technology modernization requirements; not to exceed
$100,000 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, 2008, 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.
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,
$34,032,000, to remain available until September 30, 2009: 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,
$17,352,000, 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, $136,469,000; and of which not to exceed $1,500
shall be available for official reception and representation expenses.
Air Transportation Stabilization Program Account
In fiscal year 2007, the Air Transportation Stabilization Board may
charge fees to a borrower for the costs to the Air Transportation
Stabilization Board associated with bankruptcy proceedings of the
borrower. Such fees shall be collected and deposited in the Air
Transportation Stabilization Program Account, to be available for such
costs.
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, $84,066,000, of which not to exceed $14,012,000 shall
remain available until September 30, 2009; and of which $8,651,000
shall remain available until September 30, 2008: 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,
$233,654,000, of which not to exceed $9,220,000 shall remain available
until September 30, 2009, 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,
$92,604,000; 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 2007
under such section 5136 for circulating coinage and protective service
capital investments of the United States Mint shall not exceed
$30,200,000.
Bureau of the Public Debt
administering the public debt
For necessary expenses connected with any public-debt issues of the
United States, $180,789,000, 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, 2009, for systems modernization: Provided, That the sum
appropriated herein from the general fund for fiscal year 2007 shall be
reduced by not more than $3,000,000 as definitive security issue fees
and Treasury Direct Investor Account Maintenance fees are collected, so
as to result in a final fiscal year 2007 appropriation from the general
fund estimated at $177,789,000. 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, $40,000,000, to
remain available until September 30, 2008, of which up to $12,800,000
may be used for administrative expenses, including administration of
the New Markets Tax Credit, up to $6,000,000 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
$11,000,000.
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, $2,059,151,000, of which up to
$4,100,000 shall be for the Tax Counseling for the Elderly Program, and
of which $8,000,000 shall be available for low-income taxpayer clinic
grants.
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, $4,757,126,000, of which not less than $55,584,000 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; $3,438,404,000, of
which $1,447,451,000 shall be for information systems and
telecommunications support; of which not to exceed $1,000,000 shall
remain available until September 30, 2009, for research; of which not
to exceed $1,500,000 shall be for the Internal Revenue Service
Oversight Board; and of which not to exceed $25,000 shall be for
official reception and representation: Provided, That of the amount
made available for information systems and telecommunication support,
$75,000,000 shall remain available until September 30, 2008, for
information technology support.
Business Systems Modernization
For necessary expenses of the Internal Revenue Service for the
business systems modernization program, $212,310,000, of which not less
than $167,310,000 shall remain available until September 30, 2009, for
the capital asset acquisition of information technology systems,
including management and related contractual costs of said
acquisitions, including contractual costs associated with operations
authorized by 5 U.S.C. 3109: Provided, That none of the funds for
capital asset acquisition of information technology systems 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), $14,846,000.
Administratrative Provisions--Internal Revenue Service
(including transfer of funds)
Sec. 201. 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. 202. 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. 203. The Internal Revenue Service shall institute and enforce
policies and procedures that will safeguard the confidentiality of
taxpayer information.
Sec. 204. 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. 205. Of the funds made available by this Act to the Internal
Revenue Service, not less than $166,249,000 shall be available for
operating expenses of the Taxpayer Advocate Service, of which not less
than $166,101,000 shall be made available from the ``Taxpayer
Services'' account and $148,000 shall be made available from the
``Operations Support'' account.
Sec. 206. None of the funds appropriated or otherwise made
available by this or any other Act or source in this or any future
fiscal year may be used to develop or provide taxpayers with free
individual income tax electronic preparation and filing products or
services other than through the Free File program and the Internal
Revenue Service's Taxpayer Assistance Centers, Tax Counseling for the
Elderly, and volunteer income tax assistance programs: Provided, That
no such funds may be used to develop or implement direct interactive
online electronic individual income tax preparation or filing services
or products, or a return-free system as described in section 2004 of
the Internal Revenue Service Restructuring and Reform Act of 1998.
Sec. 207. Appropriations for the Internal Revenue Service for the
taxpayer service and tax law enforcement programs for fiscal year 2007
and thereafter shall be made up of three accounts, ``Taxpayer
Services'', ``Enforcement'', and ``Operations Support'' for fulfilling
the taxpayer service and enforcement programs.
Sec. 208. Amounts made available for fiscal year 2007 under the
``Taxpayer Services'', ``Enforcement'', and ``Operations Support''
accounts may be transferred between the accounts to the extent
necessary to implement the restructuring of the Internal Revenue
Service accounts after notice of the amount and purpose of the transfer
is provided to the Committees on Appropriations of the Senate and House
of Representatives and a period of 30 days has elapsed: Provided, That
the limitation on transfers is 20 percent in fiscal year 2007.
Sec. 209. None of the funds made available in this Act may be used
to enter into, renew, extend, administer, implement, enforce, or
provide oversight of any qualified tax collection contract (as defined
in section 6306 of the Internal Revenue Code of 1986).
Administrative Provisions--Department of the Treasury
(including transfer of funds)
Sec. 210. 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. 211. 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. 212. 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. 213. 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. 214. 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. 215. 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. 216. Section 122(g)(1) of Public Law 105-119 (5 U.S.C. 3104
note), is further amended by striking ``8 years'' and inserting ``9
years''.
Sec. 217. 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. 218. None of the funds appropriated or otherwise made
available by this or any other Act or source to the Department of the
Treasury, the Bureau of Engraving and Printing, and the United States
Mint, individually or collectively, may be used to consolidate any or
all functions of the Bureau of Engraving and Printing and the United
States Mint without the explicit approval of the House Committee on
Financial Services; the Senate Committee on Banking, Housing, and Urban
Affairs; the House Committee on Appropriations; and the Senate
Committee on Appropriations.
Sec. 219. Section 3333(a) of title 31, United States Code, is
amended by striking paragraph (3) and inserting the following:
``(3) The amount of the relief, and the amount of any relief
granted to an official or agent of the Department of the Treasury under
section 3527 of this title, shall be charged to the Check Forgery
Insurance Fund under section 3343 of this title. A recovery or
repayment of a loss for which replacement is made out of the fund shall
be credited to the fund and is available for the purposes for which the
fund was established.''
This title may be cited as the ``Department of the Treasury
Appropriations Act, 2007''.
TITLE III
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
Public and Indian Housing
tenant-based rental assistance
(including transfer of funds)
For activities and assistance for the provision of tenant-based
rental assistance authorized under the United States Housing Act of
1937, as amended (42 U.S.C. 1437 et seq.) (``the Act'' herein), not
otherwise provided for, $15,776,400,000, to remain available until
expended, of which $11,576,400,000 shall be available on October 1,
2006, and $4,200,000,000 shall be available on October 1, 2007:
Provided, That the amounts made available under this heading are
provided as follows:
(1) $14,436,200,000 for renewals of expiring section 8
tenant-based annual contributions contracts (including renewals
of enhanced vouchers under any provision of law authorizing
such assistance under section 8(t) of the Act): Provided, That
notwithstanding any other provision of law, from amounts
provided under this paragraph, the Secretary for the calendar
year 2007 funding cycle shall provide renewal funding for each
public housing agency based on the amount public housing
agencies were eligible to receive in calendar year 2006, and by
applying the 2007 Annual Adjustment Factor as established by
the Secretary, and by making any necessary adjustments for the
costs associated with deposits to Family Self-Sufficiency
Program escrow accounts or the first-time renewal of tenant
protection or HOPE VI vouchers: Provided further, That the
Secretary shall, to the extent necessary to stay within the
amount provided under this paragraph, pro rate each public
housing agency's allocation otherwise established pursuant to
this paragraph: Provided further, That public housing agencies
participating in the Moving to Work demonstration shall be
funded pursuant to their Moving to Work agreements and shall be
subject to the same pro rata adjustments under the previous
proviso: Provided further, That up to $100,000,000 shall be
available for additional rental subsidy due to unforeseen
exigencies as determined by the Secretary and for the one-time
funding of housing assistance payments resulting from the
portability provisions of the housing choice voucher program;
(2) $149,300,000 for section 8 rental assistance for
relocation and replacement of housing units under lease that
are demolished or disposed of pursuant to the Omnibus
Consolidated Rescissions and Appropriations Act of 1996 (Public
Law 104-134), conversion of section 23 projects to assistance
under section 8, the family unification program under section
8(x) of the Act, relocation of witnesses in connection with
efforts to combat crime in public and assisted housing pursuant
to a request from a law enforcement or prosecution agency,
enhanced vouchers under any provision of law authorizing such
assistance under section 8(t) of the Act, HOPE VI vouchers,
mandatory and voluntary conversions, and tenant protection
assistance including replacement and relocation assistance:
Provided, That additional section 8 tenant protection rental
assistance costs may be funded in 2007 by utilizing unobligated
balances, including recaptures and carryover, remaining from
funds appropriated to the Department of Housing and Urban
Development under this heading, the heading ``Annual
Contributions for Assisted Housing'', the heading ``Housing
Certificate Fund'', and the heading ``Project-based rental
assistance'', for fiscal year 2006 and prior years
notwithstanding the purposes for which such amounts were
appropriated;
(3) $47,500,000 for family self-sufficiency coordinators
under section 23 of the Act;
(4) $5,900,000 shall be transferred to the Working Capital
Fund; and
(5) $1,137,500,000 for administrative and other expenses of
public housing agencies in administering the section 8 tenant-
based rental assistance program, of which up to $30,000,000
shall be available to the Secretary to allocate to public
housing agencies that need additional funds to administer their
section 8 programs, with up to $20,000,000 to be for fees
associated with section 8 tenant protection rental assistance:
Provided, That $1,107,500,000 of the amount provided in this
paragraph shall be allocated for the calendar year 2007 funding
cycle on a pro rata basis to public housing agencies based on
the amount public housing agencies were eligible to receive in
calendar year 2006: Provided further, That all amounts provided
under this paragraph shall be only for activities related to
the provision of tenant-based rental assistance authorized
under section 8, including related development activities.
Housing Certificate Fund
(rescission)
Of the unobligated balances, including recaptures and carryover,
remaining from funds appropriated to the Department of Housing and
Urban Development under this heading, the heading ``Annual
contributions for assisted housing'', the heading ``Tenant-based rental
assistance'', and the heading ``Project-based rental assistance'', for
fiscal year 2006 and prior years, $2,000,000,000 is rescinded, to be
effected by the Secretary no later than September 30, 2007: Provided,
That, if insufficient funds exist under these headings, the remaining
balance may be derived from any other heading under this title:
Provided further, That the Secretary shall notify the Committees on
Appropriations 30 days in advance of the rescission of any funds
derived from the headings specified above: Provided further, That any
such balances governed by reallocation provisions under the statute
authorizing the program for which the funds were originally
appropriated shall be available for the rescission.
Public Housing Capital Fund
(including transfers of funds)
For the Public Housing Capital Fund Program to carry out capital
and management activities for public housing agencies, as authorized
under section 9 of the United States Housing Act of 1937, as amended
(42 U.S.C. 1437g) (the ``Act'') $2,178,000,000, to remain available
until September 30, 2010: Provided, That notwithstanding any other
provision of law or regulation, during fiscal year 2007, the Secretary
may not delegate to any Department official other than the Deputy
Secretary and the Assistant Secretary for Public and Indian Housing any
authority under paragraph (2) of section 9(j) regarding the extension
of the time periods under such section: Provided further, That for
purposes of such section 9(j), the term ``obligate'' means, with
respect to amounts, that the amounts are subject to a binding agreement
that will result in outlays, immediately or in the future: Provided
further, That of the total amount provided under this heading, up to
$10,890,000 shall be for carrying out activities under section 9(h) of
such Act: Provided further, That up to $14,850,000 shall be transferred
to the Working Capital Fund: Provided further, That no funds may be
used under this heading for the purposes specified in section 9(k) of
the United States Housing Act of 1937, as amended: Provided further,
That of the total amount provided under this heading, up to $19,800,000
shall be available for the Secretary of Housing and Urban Development
to make grants, notwithstanding section 305 of this Act, to public
housing agencies for emergency capital needs resulting from unforeseen
or unpreventable emergencies and natural disasters occurring in fiscal
years 2007 and 2008: Provided further, That of the total amount
provided under this heading, $23,760,000 shall be for supportive
services, service coordinators and congregate services as authorized by
section 34 of the Act and the Native American Housing Assistance and
Self-Determination Act of 1996: Provided further, That of the total
amount provided under this heading up to $7,920,000 is to support the
costs of administrative and judicial receiverships: Provided further,
That of the total amount provided under this heading up to $15,345,000
shall be to support the ongoing Public Housing Financial and Physical
Assessment activities of the Real Estate Assessment Center (REAC).
Public Housing Operating Fund
For 2007 payments to public housing agencies for the operation and
management of public housing, as authorized by section 9(e) of the
United States Housing Act of 1937, as amended (42 U.S.C. 1437g(e)),
$3,564,000,000: Provided, That all funds made available under this
heading shall be allocated to public housing agencies in accordance
with the terms, conditions, criteria and methodology set forth in the
Housing and Urban Development Department Correction for Formula
Implementation Date notice (Correction Notice) published in the Federal
Register on October 24, 2005 and shall not be allocated using any other
formula unless approved by the Committee: Provided further, That of the
total amount provided under this heading $9,900,000 in bonus funds
shall be provided to public housing agencies that assist program
participants in moving away from dependency on housing assistance
programs: Provided further, That of the total amount provided under
this heading, $5,940,000 shall be for technical assistance related to
the transition and implementation of asset-based management in public
housing: Provided further, That, in fiscal year 2007 and all fiscal
years hereafter, no amounts under this heading in any appropriations
Act may be used for payments to public housing agencies for the costs
of operation and management of public housing for any year prior to the
current year of such Act: Provided further, That no funds may be used
under this heading for the purposes specified in section 9(k) of the
United States Housing Act of 1937, as amended.
Native American Housing Block Grants
(including transfer of funds)
For the Native American Housing Block Grants program, as authorized
under title I of the Native American Housing Assistance and Self-
Determination Act of 1996 (NAHASDA) (25 U.S.C. 4111 et seq.),
$625,680,000, to remain available until expended: Provided, That,
notwithstanding the Native American Housing Assistance and Self-
Determination Act of 1996, to determine the amount of the allocation
under title I of such Act for each Indian tribe, the Secretary shall
apply the formula under section 302 of such Act with the need component
based on single-race Census data and with the need component based on
multi-race Census data, and the amount of the allocation for each
Indian tribe shall be the greater of the two resulting allocation
amounts: Provided further, That of the amounts made available under
this heading, $990,000 shall be contracted through the Secretary as
technical assistance and capacity building to be used by the National
American Indian Housing Council in support of the implementation of
NAHASDA; $3,465,000 shall be to support the inspection of Indian
housing units, contract expertise, training, and technical assistance
in the training, oversight, and management of such Indian housing and
tenant-based assistance: Provided further, That of the amount provided
under this heading, $1,980,000 shall be made available for the cost of
guaranteed notes and other obligations, as authorized by title VI of
NAHASDA: Provided further, That such costs, including the costs of
modifying such notes and other obligations, shall be as defined in
section 502 of the Congressional Budget Act of 1974, as amended:
Provided further, That these funds are available to subsidize the total
principal amount of any notes and other obligations, any part of which
is to be guaranteed, not to exceed $14,938,825: Provided further, That
for administrative expenses to carry out the guaranteed loan program,
up to $148,500 from amounts in the third proviso, which shall be
transferred to and merged with the appropriation for ``Salaries and
Expenses''.
Native Hawaiian Housing Block Grant
For the Native Hawaiian Housing Block Grant program, as authorized
under title VIII of the Native American Housing Assistance and Self-
Determination Act of 1996 (25 U.S.C. 4111 et seq.), $8,815,000, to
remain available until expended, of which $299,211 shall be for
training and technical activities.
Indian Housing Loan Guarantee Fund Program Account
(including transfer of funds)
For the cost of guaranteed loans, as authorized by section 184 of
the Housing and Community Development Act of 1992 (12 U.S.C. 1715z-
13a), $3,960,000, to remain available until expended: Provided, That
such costs, including the costs of modifying such loans, shall be as
defined in section 502 of the Congressional Budget Act of 1974, as
amended: Provided further, That these funds are available to subsidize
total loan principal, any part of which is to be guaranteed, not to
exceed $116,276,000, to remain available until committed.
In addition, for administrative expenses to carry out the
guaranteed loan program, up to $247,500 from amounts in the first
paragraph which shall be transferred to and merged with the
appropriation for ``Salaries and Expenses''.
Native Hawaiian Housing Loan Guarantee Fund Program Account
(including transfer of funds)
For the cost of guaranteed loans, as authorized by section 184A of
the Housing and Community Development Act of 1992 (12 U.S.C. 1715z-
13b), $1,010,000, to remain available until expended: Provided, That
such costs, including the costs of modifying such loans, shall be as
defined in section 502 of the Congressional Budget Act of 1974, as
amended: Provided further, That these funds are available to subsidize
total loan principal, any part of which is to be guaranteed, not to
exceed $43,000,000, to remain available until committed.
In addition, for administrative expenses to carry out the
guaranteed loan program, up to $35,000 from amounts in the first
paragraph which shall be transferred to and merged with the
appropriation for ``Salaries and Expenses''.
Community Planning and Development
Housing Opportunities for Persons With AIDS
(including transfer of funds)
For carrying out the Housing Opportunities for Persons with AIDS
program, as authorized by the AIDS Housing Opportunity Act (42 U.S.C.
12901 et seq.), $300,100,000, to remain available until September 30,
2008, except that amounts allocated pursuant to section 854(c)(3) of
such Act shall remain available until September 30, 2009: Provided,
That the Secretary shall renew all expiring contracts for permanent
supportive housing that were funded under section 854(c)(3) of such Act
that meet all program requirements before awarding funds for new
contracts and activities authorized under this section: Provided
further, That the Secretary may use up to $1,485,000 of the funds under
this heading for training, oversight, and technical assistance
activities and $1,485,000 shall be transferred to the Working Capital
Fund.
Community Development Fund
For assistance to units of State and local government, and to other
entities, for economic and community development activities, and for
other purposes, $4,200,000,000, to remain available until September 30,
2009, unless otherwise specified: Provided, That of the amount
provided, $3,872,580,000 is for carrying out the community development
block grant program under title I of the Housing and Community
Development Act of 1974, as amended (the ``Act'' herein) (42 U.S.C.
5301 et seq.): Provided further, That unless explicitly provided for
under this heading (except for planning grants provided in the second
paragraph and amounts made available under the third paragraph), not to
exceed 20 percent of any grant made with funds appropriated under this
heading shall be expended for planning and management development and
administration: Provided further, That $57,420,000 shall be for grants
to federally-recognized Indian tribes notwithstanding section 106(a)(1)
of such Act, of which, notwithstanding any other provision of law
(including section 305 of this Act), up to $3,960,000 may be used for
emergencies that constitute imminent threats to health and safety.
Of the amount made available under this heading, $250,000,000 shall
be available for grants for the Economic Development Initiative (EDI)
to finance a variety of targeted economic investments in accordance
with the terms and conditions specified in the statement of managers
accompanying this Act: Provided, That none of the funds provided under
this paragraph may be used for program operations: Provided further,
That, for fiscal years 2005, 2006, and 2007, no unobligated funds for
EDI grants may be used for any purpose except acquisition, planning,
design, purchase of equipment, revitalization, redevelopment or
construction: Provided further, That funds awarded to each grantee
under this paragraph shall be matched by 40 percent in funding by each
grantee.
Of the amount made available under this heading, $20,000,000 shall
be available for neighborhood initiatives that are utilized to improve
the conditions of distressed and blighted areas and neighborhoods, to
stimulate investment, economic diversification, and community
revitalization in areas with population outmigration or a stagnating or
declining economic base, or to determine whether housing benefits can
be integrated more effectively with welfare reform initiatives:
Provided, That amounts made available under this paragraph shall be
provided in accordance with the terms and conditions specified in the
statement of managers accompanying this Act: Provided further, That
funds awarded to each grantee under this paragraph shall be matched by
40 percent in funding by each grantee.
HOME Investment Partnerships Program
(including transfer of funds)
For the HOME investment partnerships program, as authorized under
title II of the Cranston-Gonzalez National Affordable Housing Act, as
amended, $1,891,890,000, to remain available until September 30, 2009:
Provided, That of the total amount provided in this paragraph, up to
$41,580,000 shall be available for housing counseling under section 106
of the Housing and Urban Development Act of 1968, and $9,000,000 shall
be available for contracts to provide counseling of prospective HECM
borrowers as required by subsection (f) of section 255 of the National
Housing Act (12 U.S.C. 1715z-20): Provided further, That $3,465,000
shall be transferred to the Working Capital Fund: Provided further,
That up to $9,900,000 shall be available for technical assistance.
In addition to amounts otherwise made available under this heading,
$24,750,000, to remain available until September 30, 2009, for
assistance to homebuyers as authorized under title I of the American
Dream Downpayment Act.
Self-Help and Assisted Homeownership Opportunity Program
For the Self-Help and Assisted Homeownership Opportunity Program,
$60,390,000, to remain available until September 30, 2009: Provided,
That of the total amount provided in this heading $21,920,000 shall be
made available to the Self Help Homeownership Opportunity Program as
authorized under section 11 of the Housing Opportunity Program
Extension Act of 1996, as amended: Provided further, That $32,000,000
shall be made available for capacity building, of which $31,000,000
shall be for capacity building for Community Development and affordable
Housing for LISC and the Enterprise Foundation for activities
authorized by section 4 of the HUD Demonstration Act of 1993 (42 U.S.C.
9816 note), as in effect immediately before June 12, 1997, and
$1,000,000 shall be made available for capacity building activities
administered by Habitat for Humanity International: Provided further,
That $3,500,000 shall be made available to the Housing Assistance
Council; $1,980,000 shall be available as a grant to the National
Housing Development Corporation for operating expenses and a program of
affordable housing acquisition and rehabilitation: Provided further,
That up to $990,000 shall be made available for technical assistance.
Homeless Assistance Grants
(including transfer of funds)
For the emergency shelter grants program as authorized under
subtitle B of title IV of the McKinney-Vento Homeless Assistance Act,
as amended; the supportive housing program as authorized under subtitle
C of title IV of such Act; the section 8 moderate rehabilitation single
room occupancy program as authorized under the United States Housing
Act of 1937, as amended, to assist homeless individuals pursuant to
section 441 of the McKinney-Vento Homeless Assistance Act; and the
shelter plus care program as authorized under subtitle F of title IV of
such Act, $1,535,990,000, of which $1,515,990,000 shall remain
available until September 30, 2009, and of which $20,000,000 shall
remain available until expended: Provided, That not less than 30
percent of funds made available, excluding amounts provided for
renewals under the shelter plus care program, shall be used for
permanent housing: Provided further, That all funds awarded for
services shall be matched by 25 percent in funding by each grantee:
Provided further, That the Secretary shall renew on an annual basis
expiring contracts or amendments to contracts funded under the shelter
plus care program if the program is determined to be needed under the
applicable continuum of care and meets appropriate program requirements
and financial standards, as determined by the Secretary: Provided
further, That all awards of assistance under this heading shall be
required to coordinate and integrate homeless programs with other
mainstream health, social services, and employment programs for which
homeless populations may be eligible, including Medicaid, State
Children's Health Insurance Program, Temporary Assistance for Needy
Families, Food Stamps, and services funding through the Mental Health
and Substance Abuse Block Grant, Workforce Investment Act, and the
Welfare-to-Work grant program: Provided further, That up to $10,395,000
of the funds appropriated under this heading shall be available for the
national homeless data analysis project and technical assistance:
Provided further, That $2,475,000 of the funds appropriated under this
heading shall be transferred to the Working Capital Fund: Provided
further, That all balances for Shelter Plus Care renewals previously
funded from the Shelter Plus Care Renewal account and transferred to
this account shall be available, if recaptured, for Shelter Plus Care
renewals in fiscal year 2007.
Housing Programs
Project-Based Rental Assistance
(including transfer of funds)
For activities and assistance for the provision of project-based
subsidy contracts under the United States Housing Act of 1937, as
amended (42 U.S.C. 1437 et seq.) (``the Act'' herein), not otherwise
provided for, $5,475,700,000, to remain available until expended:
Provided, That the amounts made available under this heading are
provided as follows:
(1) $5,326,240,000 for expiring or terminating section 8
project-based subsidy contracts (including section 8 moderate
rehabilitation contracts), for amendments to section 8 project-
based subsidy contracts (including section 8 moderate
rehabilitation contracts), for contracts entered into pursuant
to section 441 of the McKinney-Vento Homeless Assistance Act,
for renewal of section 8 contracts for units in projects that
are subject to approved plans of action under the Emergency Low
Income Housing Preservation Act of 1987 or the Low-Income
Housing Preservation and Resident Homeownership Act of 1990,
and for administrative and other expenses associated with
project-based activities and assistance funded under this
paragraph.
(2) $145,500,000 for performance-based contract
administrators for section 8 project-based assistance:
Provided, That the Secretary may also use such amounts for
performance-based contract administrators for: interest
reduction payments pursuant to section 236(a) of the National
Housing Act (12 U.S.C. 1715z-1(a)); rent supplement payments
pursuant to section 101 of the Housing and Urban Development
Act of 1965 (12 U.S.C. 1701s); section 236(f)(2) rental
assistance payments (12 U.S.C. 1715z-1(f)(2)); project rental
assistance contracts for the elderly under section 202(c)(2) of
the Housing Act of 1959, as amended (12 U.S.C. 1701q, 1701q-1);
project rental assistance contracts for supportive housing for
persons with disabilities under section 811(d)(2) of the
Cranston-Gonzalez National Affordable Housing Act; project
assistance contracts pursuant to section 202(h) of the Housing
Act of 1959 (Public Law 86-372; 73 Stat. 667); and loans under
section 202 of the Housing Act of 1959 (Public Law 86-372; 73
Stat. 667).
(3) No less than $3,960,000 shall be transferred to the
Working Capital Fund.
(4) Amounts recaptured under this heading, the heading
``Annual Contributions for Assisted Housing'', or the heading
``Housing Certificate Fund'' may be used for renewals of or
amendments to section 8 project-based contracts or for
performance-based contract administrators, notwithstanding the
purposes for which such amounts were appropriated.
housing for the elderly
(including transfer of funds)
For capital advances, including amendments to capital advance
contracts, for housing for the elderly, as authorized by section 202 of
the Housing Act of 1959, as amended, and for project rental assistance
for the elderly under section 202(c)(2) of such Act, including
amendments to contracts for such assistance and renewal of expiring
contracts for such assistance for up to a 1-year term, and for
supportive services associated with the housing, $734,580,000, to
remain available until September 30, 2010, of which amount up to
$603,900,000 shall be for capital advance and project-based rental
assistance awards, of which amount up to $59,400,000 shall be for
service coordinators and the continuation of existing congregate
service grants for residents of assisted housing projects, and of which
amount up to $24,750,000 shall be for grants under section 202b of the
Housing Act of 1959 (12 U.S.C. 1701q-2) for conversion of eligible
projects under such section to assisted living or related use and for
emergency capital repairs as determined by the Secretary: Provided,
That amounts under this heading shall be available for Real Estate
Assessment Center inspections and inspection-related activities
associated with section 202 capital advance projects: Provided further,
That no less than $1,980,000 of the total amount made available under
this heading shall be transferred to the Working Capital Fund: Provided
further, That the Secretary may waive the provisions of section 202
governing the terms and conditions of project rental assistance, except
that the initial contract term for such assistance shall not exceed 5
years in duration.
Housing for Persons With Disabilities
(including transfer of funds)
For capital advance contracts, including amendments to capital
advance contracts, for supportive housing for persons with
disabilities, as authorized by section 811 of the Cranston-Gonzalez
National Affordable Housing Act, for project rental assistance for
supportive housing for persons with disabilities under section
811(d)(2) of such Act, including amendments to contracts for such
assistance and renewal of expiring contracts for such assistance for up
to a 1-year term, and for supportive services associated with the
housing for persons with disabilities as authorized by section
811(b)(1) of such Act, and for tenant-based rental assistance contracts
entered into pursuant to section 811 of such Act, $236,610,000 to
remain available until September 30, 2010: Provided, That no less than
$990,000 shall be transferred to the Working Capital Fund: Provided
further, That, of the amount provided under this heading up to
$74,745,000 shall be for amendments or renewal of tenant-based
assistance contracts: Provided further, That all tenant-based
assistance made available under this heading shall continue to remain
available only to persons with disabilities: Provided further, That the
Secretary may waive the provisions of section 811 governing the terms
and conditions of project rental assistance and tenant-based
assistance, except that the initial contract term for such assistance
shall not exceed 5 years in duration: Provided further, That amounts
made available under this heading shall be available for Real Estate
Assessment Center inspections and inspection-related activities
associated with section 811 Capital Advance Projects.
Other Assisted Housing Programs
Rental Housing Assistance
For amendments to contracts under section 101 of the Housing and
Urban Development Act of 1965 (12 U.S.C. 1701s) and section 236(f)(2)
of the National Housing Act (12 U.S.C. 1715z-1) in State-aided, non-
insured rental housing projects, $24,750,000, to remain available until
expended.
Manufactured Housing Fees Trust Fund
For necessary expenses as authorized by the National Manufactured
Housing Construction and Safety Standards Act of 1974, as amended (42
U.S.C. 5401 et seq.), up to $16,000,000 to remain available until
expended, to be derived from the Manufactured Housing Fees Trust Fund:
Provided, That for the dispute resolution and installation programs,
the Secretary may assess and collect fees and charges from any program
participant: Provided further, That such collections shall be deposited
into the Fund, and the Secretary, subject to amounts made available
under this heading, may use such collections, as well as fees collected
under such section 620, for necessary expenses of such Act: Provided
further, That in addition to amounts made available under this heading,
and notwithstanding the requirements of such section 620, the Secretary
may carry out responsibilities of the Secretary under such Act through
the use of approved service providers that are paid directly by the
recipients of their services: Provided further, That not to exceed the
total amount appropriated under this heading shall be available from
the general fund of the Treasury to the extent necessary to incur
obligations and make expenditures pending the receipt of collections to
the Fund pursuant to section 620 of such Act: Provided further, That
the amount made available under this heading from the general fund
shall be reduced as such collections are received during fiscal year
2007 so as to result in no final fiscal year 2007 appropriation from
the general fund, and fees pursuant to such section 620 shall be
modified as necessary to ensure such a final fiscal year 2007
appropriation.
Federal Housing Administration
mutual mortgage insurance program account
(including transfers of funds)
During fiscal year 2007, commitments to guarantee loans to carry
out the purposes of section 203(b) of the National Housing Act, as
amended, shall not exceed a loan principal of $185,000,000,000.
During fiscal year 2007, obligations to make direct loans to carry
out the purposes of section 204(g) of the National Housing Act, as
amended, shall not exceed $50,000,000: Provided, That the foregoing
amount shall be for loans to nonprofit and governmental entities in
connection with sales of single family real properties owned by the
Secretary and formerly insured under the Mutual Mortgage Insurance
Fund.
For administrative expenses necessary to carry out the guaranteed
and direct loan program, $351,450,000, of which not to exceed
$347,490,000 shall be transferred to the appropriation for ``Salaries
and expenses''; and not to exceed $3,960,000 shall be transferred to
the appropriation for ``Office of Inspector General''. In addition, for
administrative contract expenses, $52,400,000, of which no less than
$23,562,000 shall be transferred to the Working Capital Fund, and of
which up to $10,000,000 may be for education and outreach of FHA single
family loan products: Provided, That to the extent guaranteed loan
commitments exceed $65,500,000,000 on or before April 1, 2007, an
additional $1,400 for administrative contract expenses shall be
available for each $1,000,000 in additional guaranteed loan commitments
(including a pro rata amount for any amount below $1,000,000), but in
no case shall funds made available by this proviso exceed $30,000,000.
General and Special Risk Program Account
(including transfers of funds)
For the cost of guaranteed loans, as authorized by sections 238 and
519 of the National Housing Act (12 U.S.C. 1715z-3 and 1735c),
including the cost of loan guarantee modifications, as that term is
defined in section 502 of the Congressional Budget Act of 1974, as
amended, $8,600,000, to remain available until expended: Provided, That
commitments to guarantee loans shall not exceed $35,000,000,000 in
total loan principal, any part of which is to be guaranteed.
Gross obligations for the principal amount of direct loans, as
authorized by sections 204(g), 207(l), 238, and 519(a) of the National
Housing Act, shall not exceed $50,000,000, of which not to exceed
$30,000,000 shall be for bridge financing in connection with the sale
of multifamily real properties owned by the Secretary and formerly
insured under such Act; and of which not to exceed $20,000,000 shall be
for loans to nonprofit and governmental entities in connection with the
sale of single-family real properties owned by the Secretary and
formerly insured under such Act.
In addition, for administrative expenses necessary to carry out the
guaranteed and direct loan programs, $229,086,000, of which
$209,286,000 shall be transferred to the appropriation for ``Salaries
and Expenses''; and of which $19,800,000 shall be transferred to the
appropriation for ``Office of Inspector General''.
In addition, for administrative contract expenses necessary to
carry out the guaranteed and direct loan programs, $72,778,000, of
which no less than $10,692,000 shall be transferred to the Working
Capital Fund.
Government National Mortgage Association
Guarantees of Mortgage-Backed Securities Loan Guarantee Program Account
(including transfer of funds)
New commitments to issue guarantees to carry out the purposes of
section 306 of the National Housing Act, as amended (12 U.S.C.
1721(g)), shall not exceed $100,000,000,000, to remain available until
September 30, 2008.
For administrative expenses necessary to carry out the guaranteed
mortgage-backed securities program, $10,700,000, to be derived from the
GNMA guarantees of mortgage-backed securities guaranteed loan receipt
account, of which not to exceed $10,700,000, shall be transferred to
the appropriation for ``Salaries and Expenses''.
Policy Development and Research
research and technology
For contracts, grants, and necessary expenses of programs of
research and studies relating to housing and urban problems, not
otherwise provided for, as authorized by title V of the Housing and
Urban Development Act of 1970, as amended (12 U.S.C. 1701z-1 et seq.),
including carrying out the functions of the Secretary under section
1(a)(1)(i) of Reorganization Plan No. 2 of 1968, $55,787,000, to remain
available until September 30, 2008: Provided, That of the total amount
provided under this heading, $5,000,000 shall be for the Partnership
for Advancing Technology in Housing (PATH) Initiative: Provided
further, That of the amounts made available for PATH under this
heading, $2,500,000 shall not be subject to the requirements of section
305 of this title: Provided further, That of the funds made available
under this heading, $20,394,000 is for grants pursuant to section 107
of the Housing and Community Development Act of 1974, as amended:
Provided further, That activities for the Partnership for Advancing
Technology in Housing Initiative shall be administered by the Office of
Policy Development and Research for Alaska Native serving institutions
and Native Hawaiian serving institutions as defined under the Higher
Education Act as amended, tribal colleges and universities, the
Historically Black Colleges and Universities program, and the Hispanic
Serving Institutions Programs.
Fair Housing and Equal Opportunity
fair housing activities
For contracts, grants, and other assistance, not otherwise provided
for, as authorized by title VIII of the Civil Rights Act of 1968, as
amended by the Fair Housing Amendments Act of 1988, and section 561 of
the Housing and Community Development Act of 1987, as amended,
$44,550,000, to remain available until September 30, 2008, of which
$18,800,000 shall be to carry out activities pursuant to such section
561: Provided, That notwithstanding 31 U.S.C. 3302, the Secretary may
assess and collect fees to cover the costs of the Fair Housing Training
Academy, and may use such funds to provide such training: Provided
further, That no funds made available under this heading shall be used
to lobby the executive or legislative branches of the Federal
Government in connection with a specific contract, grant or loan.
Office of Lead Hazard Control
lead hazard reduction
For the Lead Hazard Reduction Program, as authorized by section
1011 of the Residential Lead-Based Paint Hazard Reduction Act of 1992,
$114,840,000, to remain available until September 30, 2008, of which
$8,712,000 shall be for the Healthy Homes Initiative, pursuant to
sections 501 and 502 of the Housing and Urban Development Act of 1970
that shall include research, studies, testing, and demonstration
efforts, including education and outreach concerning lead-based paint
poisoning and other housing-related diseases and hazards: Provided,
That for purposes of environmental review, pursuant to the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and other
provisions of law that further the purposes of such Act, a grant under
the Healthy Homes Initiative, Operation Lead Elimination Action Plan
(LEAP), or the Lead Technical Studies program under this heading or
under prior appropriations Acts for such purposes under this heading,
shall be considered to be funds for a special project for purposes of
section 305(c) of the Multifamily Housing Property Disposition Reform
Act of 1994: Provided further, That not less than 90 percent of the
funds made available under this paragraph shall be used exclusively for
abatement, inspections, risk assessments, temporary relocations and
interim control of lead-based hazards as defined by 42 U.S.C. 4851:
Provided further, That each recipient of funds provided under the first
proviso shall make a matching contribution in an amount not less than
25 percent: Provided further, That each applicant shall submit a
detailed plan and strategy that demonstrates adequate capacity that is
acceptable to the Secretary to carry out the proposed use of funds
pursuant to a Notice of Funding Availability.
Management and Administration
salaries and expenses
(including transfer of funds)
For necessary administrative and non-administrative expenses of the
Department of Housing and Urban Development, not otherwise provided
for, including purchase of uniforms, or allowances therefore, 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 $25,000 for
official reception and representation expenses, $1,141,117,000, of
which $556,776,000 shall be provided from the various funds of the
Federal Housing Administration, $10,700,000 shall be provided from
funds of the Government National Mortgage Association, $148,500 shall
be provided by transfer from the ``Native American housing block
grants'' account, $247,500 shall be provided by transfer from the
``Indian housing loan guarantee fund program'' account and $35,000
shall be transferred from the ``Native Hawaiian housing loan guarantee
fund'' account: Provided, That funds made available under this heading
shall only be allocated in the manner specified in the statement of the
managers accompanying this Act unless the Committees on Appropriations
of both the House of Representatives and the Senate are notified of any
changes in an operating plan or reprogramming: Provided further, That
no official or employee of the Department shall be designated as an
allotment holder unless the Office of the Chief Financial Officer
(OCFO) has determined that such allotment holder has implemented an
adequate system of funds control and has received training in funds
control procedures and directives: Provided further, That the Chief
Financial Officer shall establish positive control of and maintain
adequate systems of accounting for appropriations and other available
funds as required by 31 U.S.C. 1514: Provided further, That for
purposes of funds control and determining whether a violation exists
under the Anti-Deficiency Act (31 U.S.C. 1341 et seq.), the point of
obligation shall be the executed agreement or contract, except with
respect to insurance and guarantee programs, certain types of salaries
and expenses funding, and incremental funding that is authorized under
an executed agreement or contract, and shall be designated in the
approved funds control plan: Provided further, That the Chief Financial
Officer shall: (1) appoint qualified personnel to conduct
investigations of potential or actual violations; (2) establish minimum
training requirements and other qualifications for personnel that may
be appointed to conduct investigations; (3) establish guidelines and
timeframes for the conduct and completion of investigations; (4)
prescribe the content, format and other requirements for the submission
of final reports on violations; and (5) prescribe such additional
policies and procedures as may be required for conducting
investigations of, and administering, processing, and reporting on,
potential and actual violations of the Anti-Deficiency Act and all
other statutes and regulations governing the obligation and expenditure
of funds made available in this or any other Act: Provided further,
That up to $15,000,000 may be transferred to the Working Capital Fund:
Provided further, That the Secretary shall fill 7 out of 10 vacancies
at the GS-14 and GS-15 levels until the total number of GS-14 and GS-15
positions in the Department has been reduced from the number of GS-14
and GS-15 positions on the date of enactment of Public Law 106-377 by
2\1/2\ percent.
Working Capital Fund
(including transfer of funds)
For additional capital for the Working Capital Fund (42 U.S.C.
3535) for the development of, modifications to, and infrastructure for
Department-wide information technology systems, for the continuing
operation and maintenance of both Department-wide and program-specific
information systems, and for program-related development activities,
$100,000,000, to remain available until September 30, 2008: Provided,
That any amounts transferred to this Fund under this Act shall remain
available until expended: Provided further, That any amounts
transferred to this Fund from amounts appropriated by previously
enacted appropriations Acts or from within this Act may be used for the
purposes specified under this Fund, in addition to the purposes for
which such amounts were appropriated.
Office of Inspector General
(including transfer of funds)
For necessary expenses of the Office of Inspector General in
carrying out the Inspector General Act of 1978, as amended,
$107,000,000, of which $23,760,000 shall be provided from the various
funds of the Federal Housing Administration: Provided, That the
Inspector General shall have independent authority over all personnel
issues within this office.
Office of Federal Housing Enterprise Oversight
salaries and expenses
(including transfer of funds)
For carrying out the Federal Housing Enterprises Financial Safety
and Soundness Act of 1992, including not to exceed $500 for official
reception and representation expenses, $62,000,000, to remain available
until expended, to be derived from the Federal Housing Enterprises
Oversight Fund: Provided, That the Director shall submit a spending
plan for the amounts provided under this heading no later than January
15, 2007: Provided further, That not less than 80 percent of the total
amount made available under this heading shall be used only for
examination, supervision, and capital oversight of the enterprises (as
such term is defined in section 1303 of the Federal Housing Enterprises
Financial Safety and Soundness Act of 1992 (12 U.S.C. 4502)) to ensure
that the enterprises are operating in a financially safe and sound
manner and complying with the capital requirements under subtitle B of
such Act: Provided further, That not to exceed the amount provided
herein shall be available from the general fund of the Treasury to the
extent necessary to incur obligations and make expenditures pending the
receipt of collections to the Fund: Provided further, That the general
fund amount shall be reduced as collections are received during the
fiscal year so as to result in a final appropriation from the general
fund estimated at not more than $0.
Administrative Provisions
(including rescission)
Sec. 301. Fifty percent of the amounts of budget authority, or in
lieu thereof 50 percent of the cash amounts associated with such budget
authority, that are recaptured from projects described in section
1012(a) of the Stewart B. McKinney Homeless Assistance Amendments Act
of 1988 (42 U.S.C. 1437 note) shall be rescinded, or in the case of
cash, shall be remitted to the Treasury, and such amounts of budget
authority or cash recaptured and not rescinded or remitted to the
Treasury shall be used by State housing finance agencies or local
governments or local housing agencies with projects approved by the
Secretary of Housing and Urban Development for which settlement
occurred after January 1, 1992, in accordance with such section.
Notwithstanding the previous sentence, the Secretary may award up to 15
percent of the budget authority or cash recaptured and not rescinded or
remitted to the Treasury to provide project owners with incentives to
refinance their project at a lower interest rate.
Sec. 302. None of the amounts made available under this Act may be
used during fiscal year 2007 to investigate or prosecute under the Fair
Housing Act any otherwise lawful activity engaged in by one or more
persons, including the filing or maintaining of a non-frivolous legal
action, that is engaged in solely for the purpose of achieving or
preventing action by a Government official or entity, or a court of
competent jurisdiction.
Sec. 303. (a) Notwithstanding section 854(c)(1)(A) of the AIDS
Housing Opportunity Act (42 U.S.C. 12903(c)(1)(A)), from any amounts
made available under this title for fiscal year 2007 that are allocated
under such section, the Secretary of Housing and Urban Development
shall allocate and make a grant, in the amount determined under
subsection (b), for any State that--
(1) received an allocation in a prior fiscal year under
clause (ii) of such section; and
(2) is not otherwise eligible for an allocation for fiscal
year 2007 under such clause (ii) because the areas in the State
outside of the metropolitan statistical areas that qualify
under clause (i) in fiscal year 2007 do not have the number of
cases of acquired immunodeficiency syndrome (AIDS) required
under such clause.
(b) The amount of the allocation and grant for any State described
in subsection (a) shall be an amount based on the cumulative number of
AIDS cases in the areas of that State that are outside of metropolitan
statistical areas that qualify under clause (i) of such section
854(c)(1)(A) in fiscal year 2007, in proportion to AIDS cases among
cities and States that qualify under clauses (i) and (ii) of such
section and States deemed eligible under subsection (a).
(c) Notwithstanding any other provision of law, the amount
allocated for fiscal year 2007 under section 854(c) of the AIDS Housing
Opportunity Act (42 U.S.C. 12903(c)), to the City of New York, New
York, on behalf of the New York-Wayne-White Plains, New York-New Jersey
Metropolitan Division (hereafter ``metropolitan division'') of the New
York-Newark-Edison, NY-NJ-PA Metropolitan Statistical Area, shall be
adjusted by the Secretary of Housing and Urban Development by: (1)
allocating to the City of Jersey City, New Jersey, the proportion of
the metropolitan area's or division's amount that is based on the
number of cases of AIDS reported in the portion of the metropolitan
area or division that is located in Hudson County, New Jersey, and
adjusting for the proportion of the metropolitan division's high
incidence bonus if this area in New Jersey also has a higher than
average per capita incidence of AIDS; and (2) allocating to the City of
Paterson, New Jersey, the proportion of the metropolitan area's or
division's amount that is based on the number of cases of AIDS reported
in the portion of the metropolitan area or division that is located in
Bergen County and Passaic County, New Jersey, and adjusting for the
proportion of the metropolitan division's high incidence bonus if this
area in New Jersey also has a higher than average per capita incidence
of AIDS. The recipient cities shall use amounts allocated under this
subsection to carry out eligible activities under section 855 of the
AIDS Housing Opportunity Act (42 U.S.C. 12904) in their respective
portions of the metropolitan division that is located in New Jersey.
(d) Notwithstanding any other provision of law, the amount
allocated for fiscal year 2007 under section 854(c) of the AIDS Housing
Opportunity Act (42 U.S.C. 12903(c)) to areas with a higher than
average per capita incidence of AIDS, shall be adjusted by the
Secretary on the basis of area incidence reported over a three year
period.
Sec. 304. During fiscal year 2007, in the provision of rental
assistance under section 8(o) of the United States Housing Act of 1937
(42 U.S.C. 1437f(o)) in connection with a program to demonstrate the
economy and effectiveness of providing such assistance for use in
assisted living facilities that is carried out in the counties of the
State of Michigan notwithstanding paragraphs (3) and (18)(B)(iii) of
such section 8(o), a family residing in an assisted living facility in
any such county, on behalf of which a public housing agency provides
assistance pursuant to section 8(o)(18) of such Act, may be required,
at the time the family initially receives such assistance, to pay rent
in an amount exceeding 40 percent of the monthly adjusted income of the
family by such a percentage or amount as the Secretary of Housing and
Urban Development determines to be appropriate.
Sec. 305. Except as explicitly provided in law, any grant,
cooperative agreement or other assistance made pursuant to title III of
this Act shall be made on a competitive basis and in accordance with
section 102 of the Department of Housing and Urban Development Reform
Act of 1989.
Sec. 306. Funds of the Department of Housing and Urban Development
subject to the Government Corporation Control Act or section 402 of the
Housing Act of 1950 shall be available, without regard to the
limitations on administrative expenses, for legal services on a
contract or fee basis, and for utilizing and making payment for
services and facilities of the Federal National Mortgage Association,
Government National Mortgage Association, Federal Home Loan Mortgage
Corporation, Federal Financing Bank, Federal Reserve banks or any
member thereof, Federal Home Loan banks, and any insured bank within
the meaning of the Federal Deposit Insurance Corporation Act, as
amended (12 U.S.C. 1811-1831).
Sec. 307. Unless otherwise provided for in this Act or through a
reprogramming of funds, no part of any appropriation for the Department
of Housing and Urban Development shall be available for any program,
project or activity in excess of amounts set forth in the budget
estimates submitted to Congress.
Sec. 308. Corporations and agencies of the Department of Housing
and Urban Development which are subject to the Government Corporation
Control Act, as amended, are hereby authorized to make such
expenditures, within the limits of funds and borrowing authority
available to each such corporation or agency and in accordance with
law, and to make such contracts and commitments without regard to
fiscal year limitations as provided by section 104 of such Act as may
be necessary in carrying out the programs set forth in the budget for
2007 for such corporation or agency except as hereinafter provided:
Provided, That collections of these corporations and agencies may be
used for new loan or mortgage purchase commitments only to the extent
expressly provided for in this Act (unless such loans are in support of
other forms of assistance provided for in this or prior appropriations
Acts), except that this proviso shall not apply to the mortgage
insurance or guaranty operations of these corporations, or where loans
or mortgage purchases are necessary to protect the financial interest
of the United States Government.
Sec. 309. None of the funds provided in this title for technical
assistance, training, or management improvements may be obligated or
expended unless HUD provides to the Committees on Appropriations a
description of each proposed activity and a detailed budget estimate of
the costs associated with each program, project or activity as part of
the budget justifications. For fiscal year 2007, HUD shall transmit
this information to the Committees by March 15, 2007 for 30 days of
review.
Sec. 310. The Secretary of Housing and Urban Development shall
provide quarterly reports to the House and Senate Committees on
Appropriations regarding all uncommitted, unobligated, recaptured and
excess funds in each program and activity within the jurisdiction of
the Department and shall submit additional, updated budget information
to these Committees upon request.
Sec. 311. (a) Notwithstanding any other provision of law, the
amount allocated for fiscal year 2007 under section 854(c) of the AIDS
Housing Opportunity Act (42 U.S.C. 12903(c)), to the City of
Wilmington, Delaware, on behalf of the Wilmington, Delaware-Maryland-
New Jersey Metropolitan Division (hereafter ``metropolitan division''),
shall be adjusted by the Secretary of Housing and Urban Development by
allocating to the State of New Jersey the proportion of the
metropolitan division's amount that is based on the number of cases of
AIDS reported in the portion of the metropolitan division that is
located in New Jersey, and adjusting for the proportion of the
metropolitan division's high incidence bonus if this area in New Jersey
also has a higher than average per capita incidence of AIDS. The State
of New Jersey shall use amounts allocated to the State under this
subsection to carry out eligible activities under section 855 of the
AIDS Housing Opportunity Act (42 U.S.C. 12904) in the portion of the
metropolitan division that is located in New Jersey.
(b) Notwithstanding any other provision of law, the Secretary of
Housing and Urban Development shall allocate to Wake County, North
Carolina, the amounts that otherwise would be allocated for fiscal year
2007 under section 854(c) of the AIDS Housing Opportunity Act (42
U.S.C. 12903(c)) to the City of Raleigh, North Carolina, on behalf of
the Raleigh-Cary, North Carolina Metropolitan Statistical Area. Any
amounts allocated to Wake County shall be used to carry out eligible
activities under section 855 of such Act (42 U.S.C. 12904) within such
metropolitan statistical area.
(c) Notwithstanding section 854(c) of the AIDS Housing Opportunity
Act (42 U.S.C. 12903(c)), the Secretary of Housing and Urban
Development may adjust the allocation of the amounts that otherwise
would be allocated for fiscal year 2007 under section 854(c) of such
Act, upon the written request of an applicant, in conjunction with the
State(s), for a formula allocation on behalf of a metropolitan
statistical area, to designate the State or States in which the
metropolitan statistical area is located as the eligible grantee(s) of
the allocation. In the case that a metropolitan statistical area
involves more than one State, such amounts allocated to each State
shall be in proportion to the number of cases of AIDS reported in the
portion of the metropolitan statistical area located in that State. Any
amounts allocated to a State under this section shall be used to carry
out eligible activities within the portion of the metropolitan
statistical area located in that State.
Sec. 312. The Department of Housing and Urban Development shall
submit the Department's fiscal year 2007 congressional budget
justifications to the Committees on Appropriations of the House of
Representatives and the Senate using the identical structure provided
under this Act and only in accordance with the direction specified in
the report accompanying this Act.
Sec. 313. That incremental vouchers previously made available under
the heading ``Housing Certificate Fund'' or renewed under the heading,
``Tenant-Based Rental Assistance,'' for non-elderly disabled families
shall, to the extent practicable, continue to be provided to non-
elderly disabled families upon turnover.
Sec. 314. A public housing agency or such other entity that
administers Federal housing assistance in the States of Alaska, Iowa,
and Mississippi shall not be required to include a resident of public
housing or a recipient of assistance provided under section 8 of the
United States Housing Act of 1937 on the board of directors or a
similar governing board of such agency or entity as required under
section (2)(b) of such Act. Each public housing agency or other entity
that administers Federal housing assistance under section 8 in the
States of Alaska, Iowa and Mississippi shall establish an advisory
board of not less than 6 residents of public housing or recipients of
section 8 assistance to provide advice and comment to the public
housing agency or other administering entity on issues related to
public housing and section 8. Such advisory board shall meet not less
than quarterly.
Sec. 315. The funds made available for Native Alaskans under the
heading ``Native American Housing Block Grants'' in title III of this
Act shall be allocated to the same Native Alaskan housing block grant
recipients that received funds in fiscal year 2005.
Sec. 316. No funds provided under this title may be used for an
audit of the Government National Mortgage Association that makes
applicable requirements under the Federal Credit Reform Act of 1990 (2
U.S.C. 661 et seq.).
Sec. 317. Incremental vouchers previously made available under the
heading, ``Housing Certificate Fund'' or renewed under the heading,
``Tenant-Based Rental Assistance'', for family unification shall, to
the extent practicable, continue to be provided for family unification.
Sec. 318. Notwithstanding any other provision of law, the recipient
of a grant under section 202b of the Housing Act of 1959 (12 U.S.C.
1701q-2) after December 26, 2000, in accordance with the unnumbered
paragraph at the end of section 202b(b) of such Act, may, at its
option, establish a single-asset nonprofit entity to own the project
and may lend the grant funds to such entity, which may be a private
nonprofit organization described in section 831 of the American
Homeownership and Economic Opportunity Act of 2000.
Sec. 319. (a) No assistance shall be provided under section 8 of
the United States Housing Act of 1937 (42 U.S.C. 1437f) to any
individual who--
(1) is enrolled as a student at an institution of higher
education (as defined under section 102 of the Higher Education
Act of 1965 (20 U.S.C. 1002));
(2) is under 24 years of age;
(3) is not a veteran;
(4) is unmarried;
(5) does not have a dependent child; and
(6) is not otherwise individually eligible, or has parents
who, individually or jointly, are not eligible, to receive
assistance under section 8 of the United States Housing Act of
1937 (42 U.S.C. 1437f).
(b) For purposes of determining the eligibility of a person to
receive assistance under section 8 of the United States Housing Act of
1937 (42 U.S.C. 1437f), any financial assistance (in excess of amounts
received for tuition) that an individual receives under the Higher
Education Act of 1965 (20 U.S.C. 1001 et seq.), from private sources,
or an institution of higher education (as defined under the Higher
Education Act of 1965 (20 U.S.C. 1002)), shall be considered income to
that individual, except for a person over the age of 23 with dependent
children.
(c) Not later than 30 days after the date of enactment of this Act,
the Secretary of Housing and Urban Development shall issue final
regulations to carry out the provisions of this section.
Sec. 320. The Secretary of Housing and Urban Development shall give
priority consideration to applications from the housing authorities of
the Counties of San Bernardino and Santa Clara and the City of San
Jose, California to participate in the Moving to Work Demonstration
Agreement under section 204, title V, of the Omnibus Consolidated
Rescissions and Appropriations Act of 1996 (Public Law 104-134, April
26, 1996): Provided, That upon turnover, existing requirements on the
re-issuance of Section 8 vouchers shall be maintained to ensure that
not less than 75 percent of all vouchers shall be made available to
extremely low-income families.
Sec. 321. The Secretary of Housing and Urban Development may,
notwithstanding any other provision of law, approve additional Moving
to Work Demonstration Agreements, which are entered into between a
public housing agency and the Secretary under section 204, title V, of
the Omnibus Consolidated Rescissions and Appropriations Act of 1996
(Public Law 104-134, April 26, 1996), but at no time may the number of
active Moving to Work Demonstration Agreements exceed 32.
Sec. 322. For fiscal year 2007 and every fiscal year thereafter any
obligated balances of contract authority or any obligated balances
derived from contract authority from fiscal year 1974 and prior years
shall be deobligated and cancelled upon contract expiration or
termination.
Sec. 323. Notwithstanding any other provision of law, in fiscal
year 2007, in managing and disposing of any multifamily property that
is owned or held by the Secretary and is occupied primarily by elderly
or disabled families, the Secretary of Housing and Urban Development
shall maintain any rental assistance payments under section 8 of the
United States Housing Act of 1937 that are attached to any dwelling
units in the property. To the extent the Secretary determines that such
a multifamily property owned or held by the Secretary is not feasible
for continued rental assistance payments under such section 8, the
Secretary may, in consultation with the tenants of that property,
contract for project-based rental assistance payments with an owner or
owners of other existing housing properties or provide other rental
assistance.
Sec. 324. None of the funds appropriated or otherwise made
available by this Act or any other Act may be used to develop or impose
policies or procedures, including an account structure, that subjects
the Government National Mortgage Association to the requirements of the
Federal Credit Reform Act of 1990 (2 U.S.C. 661 et seq.). This section
shall not be construed to exempt that entity from credit subsidy
budgeting or from budget presentation requirements previously adopted.
Sec. 325. (a) Paragraph (2) of section 203(b) of the National
Housing Act (12 U.S.C. 1709(b)(2)) is amended--
(1) in subparagraph (A)--
(A) by striking the subparagraph designation and
all that follows through the end of clause (i) and
inserting the following:
``(A) not to exceed the lesser of--
``(i) the median house price in the area,
as determined by the Secretary; or'';
(B) in clause (ii)--
(i) by striking ``87 percent of'';
(ii) by striking ``for Fiscal Year'' and
inserting a comma; and
(iii) by striking ``48 percent'' and
inserting ``65 percent''; and
(2) by striking subparagraph (B) and inserting the
following:
``(B) not to exceed the appraised value of the
property, plus any initial service charges, appraisal,
inspection and other fees in connection with the
mortgage as approved by the Secretary.'';
(b) Paragraph (9) of section 203(b) of the National Housing Act (12
U.S.C. 1709(b)(9) is amended by striking the paragraph designation and
all that follows through ``Provided further, That for'' and inserting
the following:
``(9) Be executed by a mortgagor who shall have paid on
account of the property, in cash or its equivalent, an amount,
if any, as the Secretary may determine based on factors
determined by the Secretary and commensurate with the
likelihood of default. For''.
(c) Section 203(c) of the National Housing Act (12 U.S.C. 1709(c))
is amended--
(1) in paragraph (2), in the matter preceding subparagraph
(A), by striking ``Notwithstanding'' and inserting ``Except as
provided in paragraph (3) and notwithstanding''; and
(2) by adding at the end the following new paragraph:
``(3) Flexible risk-based premiums.--
``(A) In general.--For any mortgage insured by the
Secretary under this title that is secured by a 1- to 4-family
dwelling and for which the loan application is received by the
mortgagor on or after October 1, 2006, the Secretary may
establish a mortgage insurance premium structure involving a
single premium payment collected prior to the insurance of the
mortgage or periodic payments, or both, without regard to any
maximum or minimum premium amounts set forth in this
subsection. The rate of premium for such a mortgage may vary
during the mortgage term as long as the basis for determining
the variable rate is established before the execution of the
mortgage. The Secretary may change a premium structure
established under this subparagraph but only to the extent that
such change is not applied to any mortgage already executed.
``(B) Establishment and alteration of premium structure.--A
premium structure shall be established or changed under
subparagraph (A) only by providing notice to mortgagees and to
the Congress, at least 30 days before the premium structure is
established or changed.
``(C) Considerations for premium structure.--When
establishing a premium structure under subparagraph (A) or when
changing such a premium structure, the Secretary shall consider
the following:
``(i) The effect of the proposed premium structure
on the Secretary's ability to meet the operational
goals of the Mutual Mortgage Insurance Fund as provided
in section 202(a).
``(ii) Underwriting variables.
``(iii) The extent to which new pricing under the
proposed premium structure has potential for acceptance
in the private market.
``(iv) The administrative capability of the
Secretary to administer the proposed premium structure.
``(v) The effect of the proposed premium structure
on the Secretary's ability to maintain the availability
of mortgage credit and provide stability to mortgage
markets.''.
(d) Section 255 of the National Housing Act (12 U.S.C. 1715z-20) is
amended--
(1) in subsection (g)--
(A) by striking the first sentence; and
(B) by striking ``established under section
203(b)(2)'' and all that follows through ``located''
and inserting ``limitation established under section
305(a)(2) of the Federal Home Loan Mortgage Corporation
Act for a 1-family residence''; and
(2) in subsection (i)(1)(C), by striking ``limitations''
and inserting ``limitation''.
(e) The Secretary of Housing and Urban Development shall by notice
establish any additional requirements that may be necessary to
immediately carry out the provisions of this section. The notice shall
take effect upon issuance.
(f) In addition to amounts otherwise made available by this Act,
$10,000,000 for administrative contract expenses, including amounts to
be transferred to the Working Capital Fund, for Federal Housing
Administration program and systems development for single family
mortgage insurance.
Sec. 326. Notwithstanding any other provision of law, the cities of
Alton, Illinois, and Granite City, Illinois, shall be considered
metropolitan cities, for purposes of title I of the Housing and
Community Development Act of 1974 (42 U.S.C. 5301 et seq.), for a
period of time not less than the time period covered by the enactment
of this Act and the implementation of modifications pursuant to the
2010 decennial census.
This title may be cited as the ``Department of Housing and Urban
Development Act, 2007''.
TITLE IV
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, $63,405,000,
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), $12,959,000, 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, $26,000,000.
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, $16,182,000.
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, $4,556,114,000 (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
$3,952,000, 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, as amended
(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, $750,033,000, 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)), $63,079,000, 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), $400,334,000, 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, $73,800,000, 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, $23,500,000; of which $1,800,000 shall
remain available through September 30, 2008, 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), $54,000,000; to the Judicial Survivors'
Annuities Fund, as authorized by 28 U.S.C. 376(c), $800,000; and to the
United States Court of Federal Claims Judges' Retirement Fund, as
authorized by 28 U.S.C. 178(l), $3,500,000.
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, $15,500,000, of which
not to exceed $1,000 is authorized for official reception and
representation expenses.
Administrative Provisions--The Judiciary
(including transfer of funds)
Sec. 401. 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. 402. 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 805 and 810 of this Act and shall
not be available for obligation or expenditure except in compliance
with the procedures set forth in that section.
Sec. 403. 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. 404. Within 90 days of 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. 405. Section 203(c) of the Judicial Improvements Act of 1990
(Public Law 101-650; 28 U.S.C. 133 note), is amended--
(1) in the second sentence, by inserting ``the district of
Kansas,'' after ``Except with respect to''; and
(2) by inserting after the second sentence the following:
``The first vacancy in the office of district judge in the
district of Kansas occurring 20 years or more after the
confirmation date of the judge named to fill the temporary
judgeship created for such district under this subsection,
shall not be filled.''.
This title may be cited as ``The Judiciary Appropriations Act,
2007''.
TITLE V
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, $8,533,000, 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: 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,
$219,629,000, to be allocated as follows: for the District of Columbia
Court of Appeals, $9,401,000, of which not to exceed $1,500 is for
official reception and representation expenses; for the District of
Columbia Superior Court, $89,646,000, of which not to exceed $1,500 is
for official reception and representation expenses; for the District of
Columbia Court System, $46,653,000, of which not to exceed $1,500 is
for official reception and representation expenses; and $73,929,000, to
remain available until September 30, 2008, 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 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 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 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),
$43,475,000, 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 $73,929,000 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 $73,929,000 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 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 and the Public Defender Service for the District
of Columbia, as authorized by the National Capital Revitalization and
Self-Government Improvement Act of 1997, $181,653,000, 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,
2008, are for Information Technology infrastructure enhancement
acquisitions; of which $135,457,000 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 $46,196,000 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 D.C. Government for space and services provided
on a cost reimbursable basis.
Federal Payment to District of Columbia Public Defender Service
For salaries and expenses of the District of Columbia Public
Defender Service, $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 other 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, $7,000,000, to remain available until expended, to continue
implementation of the Combined Sewer Overflow Long-Term Plan: Provided,
That the District of Columbia Water and Sewer Authority provides a 100
percent match for this payment.
Federal Payment to the Criminal Justice Coordinating Council
For a Federal payment to the Criminal Justice Coordinating Council,
$1,300,000, to remain available until expended, to support initiatives
related to the coordination of Federal and local criminal justice
resources in the District of Columbia.
Federal Payment to the Office of the Chief Financial Officer of the
District of Columbia
For a Federal payment to the Office of the Chief Financial Officer
of the District of Columbia, $5,000,000: Provided, That these funds
shall be available for the projects and in the amounts specified in the
Statement of the Managers on the conference report accompanying this
Act: Provided further, 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 budget and a report on the
activities to be carried out with such funds no later than March 15,
2007, 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, 2007.
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, 2008; 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.
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
(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 2007 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 $8,996,915,000 (of which
$5,079,758,000 shall be from local funds, $2,011,321,000 shall be from
Federal grant funds, $1,897,951,000 shall be from other funds, and
$7,885,000 shall be from private funds), in addition, $170,052,000 from
funds previously appropriated in this Act as Federal payments: Provided
further, That of the local funds, $175,292,000 shall be derived from
the District's general fund balance: Provided further, That of these
funds the District's intradistrict authority shall be $523,004,000:
Provided further, That in addition for capital construction projects
there is appropriated an increase of $2,400,757,000, of which
$1,756,306,000 shall be from local funds, $54,281,000 from Highway
Trust funds, $52,000,000 from the Local Street Maintenance fund,
$15,000,000 from revenue bonds, $18,200,000 from Certificates of
Participation financing, $63,000,000 from financing for construction of
a baseball stadium, $229,970,000 from Federal grant funds, and a
rescission of $65,859,000 from local funds appropriated under this
heading in prior years, for a net amount of $2,334,898,000, 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 II--District of Columbia Funds''
of the Fiscal Year 2007 Proposed Budget and Financial Plan submitted to
the Congress of the United States by the District of Columbia in June
2006: 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 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 2007, 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.
General Provisions
(including transfer of funds)
Sec. 501. 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. 502. 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. 503. 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. 504. (a) Except as provided in subsection (b), no part of this
appropriation shall be used for publicity or propaganda purposes or
implementation of any policy including boycott designed to support or
defeat legislation pending before Congress or any State legislature.
(b) The District of Columbia may use local funds provided in this
title to carry out lobbying activities on any matter other than--
(1) the promotion or support of any boycott; or
(2) statehood for the District of Columbia or voting
representation in Congress for the District of Columbia.
(c) Nothing in this section may be construed to prohibit any
elected official from advocating with respect to any of the issues
referred to in subsection (b).
Sec. 505. (a) None of the funds provided under this title to the
agencies funded by this title, both Federal and District government
agencies, that remain available for obligation or expenditure in fiscal
year 2007, 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, 2007 and October 1, 2007, 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,
2007 and October 1, 2007, 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, 2007.
Sec. 506. 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. 507. (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. 508. No later than 30 days after the end of the first quarter
of fiscal year 2007, 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 2007 revenue estimates as of the end of such quarter. These
estimates shall be used in the budget request for fiscal year 2008. The
officially revised estimates at midyear shall be used for the midyear
report.
Sec. 509. No sole source contract with the District of Columbia
government or any agency thereof may be renewed or extended without
opening that contract to the competitive bidding process as set forth
in section 303 of the District of Columbia Procurement Practices Act of
1985 (D.C. Law 6-85; D.C. Official Code, section 2-303.03), except that
the District of Columbia government or any agency thereof may renew or
extend sole source contracts for which competition is not feasible or
practical, but only if the determination as to whether to invoke the
competitive bidding process has been made in accordance with duly
promulgated rules and procedures and has been reviewed and certified by
the Chief Financial Officer of the District of Columbia.
Sec. 510. None of the Federal funds provided in this Act may be
used by the District of Columbia to provide for salaries, expenses, or
other costs associated with the offices of United States Senator or
United States Representative under section 4(d) of the District of
Columbia Statehood Constitutional Convention Initiatives of 1979 (D.C.
Law 3-171; D.C. Official Code, section 1-123).
Sec. 511. None of the Federal funds made available in this Act may
be used to implement or enforce the Health Care Benefits Expansion Act
of 1992 (D.C. Law 9-114; D.C. Official Code, section 32-701 et seq.) or
to otherwise implement or enforce any system of registration of
unmarried, cohabiting couples, including but not limited to
registration for the purpose of extending employment, health, or
governmental benefits to such couples on the same basis that such
benefits are extended to legally married couples.
Sec. 512. (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. 513. (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, 2007, an inventory, as of September 30, 2006, 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. 514. None of the funds contained in this Act may be used for
purposes of the annual independent audit of the District of Columbia
government for fiscal year 2007 unless--
(1) the audit is conducted by the Inspector General of the
District of Columbia, in coordination with the Chief Financial
Officer of the District of Columbia, pursuant to section
208(a)(4) of the District of Columbia Procurement Practices Act
of 1985 (D.C. Official Code, section 2-302.8); and
(2) the audit includes as a basic financial statement a
comparison of audited actual year-end results with the revenues
submitted in the budget document for such year and the
appropriations enacted into law for such year using the format,
terminology, and classifications contained in the law making
the appropriations for the year and its legislative history.
Sec. 515. (a) None of the 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. 516. (a) None of the 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.
(b) Any individual or entity who receives any funds contained in
this Act and who carries out any program described in subsection (a)
shall account for all funds used for such program separately from any
funds contained in this Act.
Sec. 517. 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, 2007 and October
1, 2007, a summary list showing each report, the due date, and the date
submitted to the Committees.
Sec. 518. 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. 519. 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;
(4) education, including access to special education
services and student achievement to be provided in consultation
with the District of Columbia Public Schools and the District
of Columbia public charter schools;
(5) improvement in basic District services, including rat
control and abatement;
(6) application for and management of Federal grants,
including the number and type of grants for which the District
was eligible but failed to apply and the number and type of
grants awarded to the District but for which the District
failed to spend the amounts received; and
(7) indicators of child well-being.
Sec. 520. (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 2007 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. 521. (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. 522. The Chief Financial Officer of the District of Columbia
shall require attorneys in special education cases brought under the
Individuals with Disabilities Education Act (IDEA) in the District of
Columbia to certify in writing that the attorney or representative
rendered any and all services for which they receive awards, including
those received under a settlement agreement or as part of an
administrative proceeding, under the IDEA from the District of
Columbia. As part of the certification, the Chief Financial Officer of
the District of Columbia shall require all attorneys in IDEA cases to
disclose any financial, corporate, legal, memberships on boards of
directors, or other relationships with any special education diagnostic
services, schools, or other special education service providers to
which the attorneys have referred any clients as part of this
certification. The Chief Financial Officer shall prepare and submit
quarterly reports to the Committees on Appropriations of the House of
Representatives and Senate on the certification of and the amount paid
by the government of the District of Columbia, including the District
of Columbia Public Schools, to attorneys in cases brought under IDEA.
The Inspector General of the District of Columbia may conduct
investigations to determine the accuracy of the certifications.
Sec. 523. 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 2006 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. 524. (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 2007 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. 525. 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 93-198): 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. 526. (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. 802) 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. 527. 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. 528. The authority that the Chief Financial Officer of the
District of Columbia exercised with respect to personnel and the
preparation of fiscal impact statements during a control period (as
defined in Public Law 104-8) shall remain in effect until September 30,
2007.
Sec. 529. The entire process used by the Chief Financial Officer to
acquire any and all kinds of goods, works and services by any
contractual means, including but not limited to purchase, lease or
rental, shall be exempt from all of the provisions of the District of
Columbia's Procurement Practices Act of 1985: Provided, That provisions
made by this section shall take effect as if enacted in D.C. Law 11-259
and shall remain in effect until September 30, 2007.
Sec. 530. (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 2007 and each succeeding fiscal year.
Sec. 531. (a) The item relating to ``Federal Payment for School
Improvement'' in the District of Columbia Appropriations Act, 2006
(Public Law 109-115; 119 Stat. 2512) is amended by striking
``$13,000,000 to expand quality public charter schools in the District
of Columbia, to remain available until September 30, 2007'' and
inserting the following: ``$13,000,000 to expand quality public charter
schools in the District of Columbia, of which $4,000,000 shall be for
the direct loan fund and shall remain available until expended,
$2,000,000 shall be for credit enhancement and shall remain available
until expended, and the remainder shall remain available until
September 30, 2007''.
(b) The amendment made by subsection (a) shall take effect as if
included in the enactment of the District of Columbia Appropriations
Act, 2006.
Sec. 532. Except as expressly provided otherwise, any reference to
``this Act'' contained in this division shall be treated as referring
only to the provisions of this title.
This title may be cited as the ``District of Columbia
Appropriations Act, 2007''.
TITLE VI
EXECUTIVE OFFICE OF THE PRESIDENT AND FUNDS APPROPRIATED TO THE
PRESIDENT
Compensation of the President
For compensation of the President, including an expense allowance
at the rate of $50,000 per annum as authorized by 3 U.S.C. 102,
$450,000: Provided, That none of the funds made available for official
expenses shall be expended for any other purpose and any unused amount
shall revert to the Treasury pursuant to section 1552 of title 31,
United States Code.
White House Office
salaries and expenses
For necessary expenses for the White House as authorized by law,
including not to exceed $3,850,000 for services as authorized by 5
U.S.C. 3109 and 3 U.S.C. 105; subsistence expenses as authorized by 3
U.S.C. 105, which shall be expended and accounted for as provided in
that section; hire of passenger motor vehicles, newspapers,
periodicals, teletype news service, and travel (not to exceed $100,000
to be expended and accounted for as provided by 3 U.S.C. 103); and not
to exceed $19,000 for official entertainment expenses, to be available
for allocation within the Executive Office of the President,
$51,952,000: 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, $12,041,000, 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), $4,002,000.
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,
$3,385,000.
National Security Council
salaries and expenses
For necessary expenses of the National Security Council, including
services as authorized by 5 U.S.C. 3109, $8,405,000.
Office of Administration
salaries and expenses
For necessary expenses of the Office of Administration, including
services as authorized by 5 U.S.C. 3109 and 3 U.S.C. 107, and hire of
passenger motor vehicles, $91,393,000, of which $11,397,000 shall
remain available until expended for the Capital Investment Plan 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, $76,185,000, 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 Appropriations 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 of the end of the OMB review period based on
the notification from the Director, Congress shall assume OMB
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 1998 (21 U.S.C. 1701 et seq.);
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,
$26,928,000; 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 1998 (21 U.S.C. 1701 et seq.),
$19,600,000, which shall remain available until expended, consisting of
$9,600,000 for counternarcotics research and development projects, of
which up to $1,000,000 is to be directed to supply reduction
activities, and $10,000,000 for the continued operation of the
technology transfer program: Provided, That the $9,600,000 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 transfer of funds)
For necessary expenses of the Office of National Drug Control
Policy's High Intensity Drug Trafficking Areas Program, $227,000,000
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, 2007, may be transferred to
Federal agencies and departments at a rate to be determined by the
Director, of which not less than $2,000,000 shall be used for auditing
services and associated activities, and at least $500,000 of the
$2,000,000 shall be used to develop and implement a data collection
system to measure the performance of the High Intensity Drug
Trafficking Areas Program.
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 1998 (21 U.S.C. 1701 et seq.),
$194,000,000, to remain available until expended, of which the amounts
are available as follows: $100,000,000 to support a national media
campaign, as authorized by the Drug-Free Media Campaign Act of 1998:
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; $80,000,000 to continue a program of
matching grants to drug-free communities, of which $2,000,000 shall be
a direct grant to the Community Anti-Drug Coalitions of America for the
National Community Anti-Drug Coalition Institute, as authorized in
chapter 2 of the National Narcotics Leadership Act of 1988, as amended;
$1,000,000 for the National Drug Court Institute; $1,000,000 for the
National Alliance for Model State Drug Laws; $8,500,000 for the United
States Anti-Doping Agency for anti-doping activities; $1,500,000 for
the United States membership dues to the World Anti-Doping Agency; and
$1,980,000 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, $4,352,000.
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, $317,000: 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.
general provisions
(including transfer of funds)
Sec. 601. 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. 602. The President shall submit to the Committees on
Appropriations not later than 30 days after enactment, 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, 2007''.
TITLE VII
INDEPENDENT AGENCIES
Architectural and Transportation Barriers Compliance Board
salaries and expenses
For expenses necessary for the Architectural and Transportation
Barriers Compliance Board, as authorized by section 502 of the
Rehabilitation Act of 1973, as amended, $5,956,590: Provided, That,
notwithstanding any other provision of law, there may be credited to
this appropriation funds received for publications and training
expenses.
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, $62,370,000.
Election Assistance Commission
salaries and expenses
(including transfer of funds)
For necessary expenses to carry out the Help America Vote Act of
2002, $16,908,000, of which $4,950,000 shall be transferred to the
National Institute of Standards and Technology for election reform
activities authorized under the Help America Vote Act of 2002.
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,
$26,256,000, to be derived from the Bank Insurance Fund, the Savings
Association Insurance Fund, and the FSLIC Resolution Fund (or any
successor to these Funds).
Federal Election Commission
salaries and expenses
For necessary expenses to carry out the provisions of the Federal
Election Campaign Act of 1971, $57,138,000, of which no less than
$6,500,000 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: Provided, That the FEC is
authorized to establish, modify, charge, and collect registration fees
for FEC hosted conferences: Provided further, That notwithstanding 31
U.S.C. 3302, funds received from fees charged to attend the campaign
finance 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 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, $25,218,000: 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 Maritime Commission
salaries and expenses
For necessary expenses of the Federal Maritime Commission as
authorized by section 201(d) of the Merchant Marine Act, 1936 (46
U.S.C. App. 1111), including services as authorized by 5 U.S.C. 3109;
hire of passenger motor vehicles as authorized by 31 U.S.C. 1343(b);
and uniforms or allowances therefor, as authorized by 5 U.S.C. 5901-
5902, $21,474,000: Provided, That not to exceed $2,000 shall be
available for official reception and representation expenses.
General Services Administration
Real Property Activities
federal buildings fund
limitation on availability of revenue
To carry out the purposes of the Fund established pursuant to
section 210(f) of the Federal Property and Administrative Services Act
of 1949, as amended (40 U.S.C. 592), the revenues and collections
deposited into the Fund, shall be available for necessary expenses of
real property management and related activities not otherwise provided
for, including operation, maintenance, and protection of federally
owned and leased buildings; rental of buildings in the District of
Columbia; restoration of leased premises; moving governmental agencies
(including space adjustments and telecommunications relocation
expenses) in connection with the assignment, allocation and transfer of
space; contractual services incident to cleaning or servicing
buildings, and moving; repair and alteration of federally owned
buildings including grounds, approaches and appurtenances; care and
safeguarding of sites; maintenance, preservation, demolition, and
equipment; acquisition of buildings and sites by purchase,
condemnation, or as otherwise authorized by law; acquisition of options
to purchase buildings and sites; conversion and extension of federally
owned buildings; preliminary planning and design of projects by
contract or otherwise; construction of new buildings (including
equipment for such buildings); and payment of principal, interest, and
any other obligations for public buildings acquired by installment
purchase and purchase contract: Provided, That notwithstanding any
other provision of this Act, in an amount not more than the aggregate
amount specified under this heading in the Report of the House
Committee on Appropriations to accompany the Transportation, Treasury,
Housing and Urban Development, the Judiciary, The District of Columbia,
and Independent Agencies Appropriations Act, 2007, and that such
aggregate amount shall remain available until expended in such amounts
for individual real property projects and activities as provided in
that accompanying Report: Provided further, That any proposed increases
or decreases to the amounts contained in such report shall be subject
to prior approval of the Committee on Appropriations.
general activities
government-wide policy
For expenses authorized by law, not otherwise provided for, for
Government-wide policy and evaluation activities associated with the
management of real and personal property assets and certain
administrative services; Government-wide policy support
responsibilities relating to acquisition, telecommunications,
information technology management, and related technology activities;
and services as authorized by 5 U.S.C. 3109, $52,550,000.
operating expenses
For expenses authorized by law, not otherwise provided for, for
Government-wide activities associated with utilization and donation of
surplus personal property; disposal of real property; providing
Internet access to Federal information and services; agency-wide policy
direction and management, and Board of Contract Appeals; accounting,
records management, and other support services incident to adjudication
of Indian Tribal Claims by the United States Court of Federal Claims;
services as authorized by 5 U.S.C. 3109; and not to exceed $7,500 for
official reception and representation expenses, $83,032,000.
office of inspector general
For necessary expenses of the Office of Inspector General and
service authorized by 5 U.S.C. 3109, $44,312,000: Provided, That not to
exceed $15,000 shall be available for payment for information and
detection of fraud against the Government, including payment for
recovery of stolen Government property: Provided further, That not to
exceed $2,500 shall be available for awards to employees of other
Federal agencies and private citizens in recognition of efforts and
initiatives resulting in enhanced Office of Inspector General
effectiveness.
electronic government fund
(including transfer of funds)
For necessary expenses in support of interagency projects that
enable the Federal Government to expand its ability to conduct
activities electronically, through the development and implementation
of innovative uses of the Internet and other electronic methods,
$3,000,000, to remain available until expended: Provided, That these
funds may be transferred to Federal agencies to carry out the purposes
of the Fund: Provided further, That this transfer authority shall be in
addition to any other transfer authority provided in this Act: Provided
further, That such transfers may not be made until 10 days after a
proposed spending plan and 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, as
amended (3 U.S.C. 102 note), and Public Law 95-138, $3,030,000:
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, $16,866,000, 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 2007 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. 701. 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. 702. Funds available to the General Services Administration
shall be available for the hire of passenger motor vehicles.
Sec. 703. Funds in the Federal Buildings Fund made available for
fiscal year 2007 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. 704. Except as otherwise provided in this title, no funds made
available by this Act shall be used to transmit a fiscal year 2008
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 2008 request must be
accompanied by a standardized courtroom utilization study of each
facility to be constructed, replaced, or expanded.
Sec. 705. 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. 706. From funds made available under the heading ``Federal
Buildings Fund, Limitations on Availability of Revenue'', claims
against the Government of less than $250,000 arising from direct
construction projects and acquisition of buildings may be liquidated
from savings effected in other construction projects with prior
notification to the Committees on Appropriations.
Sec. 707. Acquisition Services Fund.--(a) 40 U.S.C. 321 is amended
as follows:
(1) In the heading, by striking ``General Supply'' and
inserting ``Acquisition Services''.
(2) In subsection (a), by striking ``General Supply'' and
inserting ``Acquisition Services'' and adding ``(the Fund)''
following ``Acquisition Services Fund''; and after the initial
sentence, by adding the following new paragraph: ``The Fund
shall replace the General Supply Fund and the Information
Technology Fund. Capital assets and balances remaining in the
General Supply Fund and the Information Technology Fund as in
existence immediately before February 1, 2007 shall be
transferred to the Acquisition Services Fund and shall be
merged with and be available for the purposes of the
Acquisition Services Fund. Any liabilities, commitments, and
obligations of the General Supply Fund and the Information
Technology Fund as in existence immediately before February 1,
2007 shall be assumed by the Acquisition Services Fund.''.
(3) In subsection (b)--
(A) by striking the text of paragraph (1) and
inserting the following: ``The Fund is composed of
amounts authorized to be transferred to the Fund or
otherwise made available to the Fund.'';
(B) by striking the text of paragraph (2) and
inserting the following: ``The Fund shall be credited
with all reimbursements, advances, and refunds or
recoveries relating to personal property or services
procured through the Fund, including--
``(A) the net proceeds of disposal of surplus
personal property;
``(B) receipts from carriers and others for loss
of, or damage to, personal property; and
``(C) receipts from agencies charged fees pursuant
to rates established by the Administrator.'';
(C) by striking the heading and text of paragraph
(3) and inserting the following: ``Cost and capital
requirements.--The Administrator shall determine the
cost and capital requirements of the Fund for each
fiscal year and shall develop a plan concerning such
requirements in consultation with the Chief Financial
Officer of the General Services Administration. Any
change to the cost and capital requirements of the Fund
for a fiscal year shall be approved by the
Administrator. The Administrator shall establish rates
to be charged agencies provided, or to be provided, a
supply of personal property and non-personal services
through the Fund, in accordance with the plan.''; and
(D) by adding at the end the following new
paragraph:
``(4) Deposit of fees.--Fees collected by the Administrator
under section 313 of this title may be deposited in the Fund,
to be used for the purposes of the Fund.''.
(4) In subsection (c)(1)(A)--
(A) by striking ``and'' at the end of clause (i);
(B) by inserting ``and'' after the semicolon at the
end of clause (ii); and
(C) by inserting after clause (ii) the following
new clause:
``(iii) personal services related to the
provision of information technology (as defined
in section 11101(6) of this title);''.
(5) In subsection (d)(2)(A)--
(A) by striking ``and'' at the end of clause (iv);
(B) by redesignating clause (v) as clause (vi); and
(C) by inserting after clause (iv) the following
new clause:
``(v) the cost of personal services
employed directly in providing information
technology (as defined in section 11101(6) of
this title); and''.
(6) By striking subsection (f) and inserting the following:
``(f) Transfer of Uncommitted Balances.--Following the close of
each fiscal year, after making provision for a sufficient level of
inventory of personal property to meet the needs of Federal Agencies,
the replacement cost of motor vehicles, and other anticipated operating
needs reflected in the cost and capital plan developed under subsection
(b), the uncommitted balance of any funds remaining in the Fund shall
be transferred to the general fund of the Treasury as miscellaneous
receipts.''.
(7) Conforming and clerical amendments.--
(A) 40 U.S.C. 322 is repealed.
(B) The table of sections for chapter 3 of title
40, United States Code, is amended by striking the
items relating to sections 321 and 322 and inserting
the following:
``321. Acquisition Services Fund.''.
(C) 40 U.S.C. 573 is amended by striking ``General
Supply Fund'' both places it appears and inserting
``Acquisition Services Fund''.
(D) 40 U.S.C. 604(b) is amended in the heading and
the text by striking ``General Supply Fund'' and
inserting ``Acquisition Services Fund''.
(E) 40 U.S.C. 605 is amended--
(i) in the heading and the text of
subsection (a) by striking ``General Supply
Fund'' and inserting ``Acquisition Services
Fund''; and
(ii) in subsection (b)(2), by striking
``321(f)(1)'' and inserting ``321(f)'' and by
striking ``General Supply Fund'' and inserting
``Acquisition Services Fund''.
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, $36,531,000, 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, $289,605,000: 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, $45,455,000, of which $31,680,000 shall remain available
until September 30, 2008.
repairs and restoration
For the repair, alteration, and improvement of archives facilities,
and to provide adequate storage for holdings, $13,020,000, 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, as amended,
$7,500,000, to remain available until expended: Provided, That of the
funds provided in this paragraph, $2,000,000 shall be transferred to
the operating expenses account for operating expenses of the National
Historical Publications and Records Administration.
National Credit Union Administration
central liquidity facility
During fiscal year 2007, 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 2007 shall not exceed $331,000.
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, $941,000, shall be
available until September 30, 2008 for technical assistance to low-
income designated credit unions.
National Transportation Safety Board
salaries and expenses
For necessary expenses of the National Transportation Safety Board,
including hire of passenger motor vehicles and aircraft; services as
authorized by 5 U.S.C. 3109, but at rates for individuals not to exceed
the per diem rate equivalent to the rate for a GS-15; uniforms, or
allowances therefor, as authorized by law (5 U.S.C. 5901-5902)
$81,594,000, of which not to exceed $2,000 may be used for official
reception and representation expenses.
(rescission)
Of the available unobligated balances made available under Public
Law 106-246, $1,664,000 are rescinded.
Neighborhood Reinvestment Corporation
Payment to the Neighborhood Reinvestment Corporation
For payment to the Neighborhood Reinvestment Corporation for use in
neighborhood reinvestment activities, as authorized by the Neighborhood
Reinvestment Corporation Act (42 U.S.C. 8101-8107), $119,790,000.
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, $11,489,000.
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, $111,095,000,
of which $6,913,170 shall remain available until expended for the
Enterprise Human Resources Integration project; $1,435,500 shall remain
available until expended for the Human Resources Line of Business
project. In addition, $100,178,000 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: 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 2007, 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, as amended,
including services as authorized by 5 U.S.C. 3109, hire of passenger
motor vehicles, $1,597,860, and in addition, not to exceed $16,165,710
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),
as amended, 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, as amended, and the Act of August 19, 1950, as amended (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), as amended, the
Whistleblower Protection Act of 1989 (Public Law 101-12), as amended,
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; $15,937,000.
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;
$24,255,000: Provided, That during the current fiscal year, the
President may exempt this appropriation from the provisions of 31
U.S.C. 1341, whenever the President deems such action to be necessary
in the interest of national defense: Provided further, That none of the
funds appropriated by this Act may be expended for or in connection
with the induction of any person into the Armed Forces of the United
States.
United States Interagency Council on Homelessness
operating expenses
For necessary expenses (including payment of salaries, authorized
travel, hire of passenger motor vehicles, the rental of conference
rooms, and the employment of experts and consultants under section 3109
of title 5, United States Code) of the United States Interagency
Council on Homelessness in carrying out the functions pursuant to title
II of the McKinney-Vento Homeless Assistance Act, as amended,
$2,000,000.
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, $108,915,000, of which
$79,915,000 shall not be available for obligation until October 1,
2007: 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 2007.
United States Tax Court
salaries and expenses
For necessary expenses, including contract reporting and other
services as authorized by 5 U.S.C. 3109, $47,110,000: Provided, That
travel expenses of the judges shall be paid upon the written
certificate of the judge.
TITLE VIII--GENERAL PROVISIONS THIS ACT
(including transfers of funds)
Sec. 801. Such sums as may be necessary for fiscal year 2007 pay
raises for programs funded in this Act shall be absorbed within the
levels appropriated in this Act or previous appropriations Acts.
Sec. 802. 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. 803. 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. 804. 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. 805. 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. 806. 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. 807. 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. 808. 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. 809. 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. 810. 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 2007, or provided from any
accounts in the Treasury derived by the collection of fees and
available to the agencies funded by this Act, shall be available for
obligation or expenditure through a reprogramming of funds that: (1)
creates a new program; (2) eliminates a program, project, or activity;
(3) increases funds or personnel for any program, project, or activity
for which funds have been denied or restricted by the Congress; (4)
proposes to use funds directed for a specific activity by either the
House or Senate Committees on Appropriations for a different purpose;
(5) augments existing programs, projects, or activities in excess of
$5,000,000 or 10 percent, whichever is less; (6) reduces existing
programs, projects, or activities by $5,000,000 or 10 percent,
whichever is less; or (7) creates, reorganizes, or restructures a
branch, division, office, bureau, board, commission, agency,
administration, or department different from the budget justifications
submitted to the Committees on Appropriations or the table accompanying
the statement of the managers accompanying this Act, whichever is more
detailed, unless prior approval is received from the House and Senate
Committees on Appropriations: Provided, That not later than 60 days
after the date of enactment of this Act, each agency funded by this Act
shall submit a report to the Committees on Appropriations of the Senate
and of the House of Representatives to establish the baseline for
application of reprogramming and transfer authorities for the current
fiscal year: Provided further, That the report shall include: (1) a
table for each appropriation with a separate column to display the
President's budget request, adjustments made by Congress, adjustments
due to enacted rescissions, if appropriate, and the fiscal year enacted
level; (2) a delineation in the table for each appropriation both by
object class and program, project, and activity as detailed in the
budget appendix for the respective appropriation; and (3) an
identification of items of special congressional interest: Provided
further, That the amount appropriated or limited for salaries and
expenses for an agency shall be reduced by $100,000 per day for each
day after the required date that the report has not been submitted to
the Congress.
Sec. 811. Except as otherwise specifically provided by law, not to
exceed 50 percent of unobligated balances remaining available at the
end of fiscal year 2007 from appropriations made available for salaries
and expenses for fiscal year 2007 in this Act, shall remain available
through September 30, 2008, 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. 812. 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. 813. 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. 814. 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 pursuant to court approval.
Sec. 815. 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. 816. The provision of section 815 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. 817. 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. 818. 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. 819. No funds in this Act may be used to support any Federal,
State, or local projects that seek to use the power of eminent domain,
unless eminent domain is employed only for a public use: Provided, That
for purposes of this section, public use shall not be construed to
include economic development that primarily benefits private entities:
Provided further, That any use of funds for mass transit, railroad,
airport, seaport or highway projects as well as utility projects which
benefit or serve the general public (including energy-related,
communication-related, water-related and wastewater-related
infrastructure), other structures designated for use by the general
public or which have other common-carrier or public-utility functions
that serve the general public and are subject to regulation and
oversight by the government, and projects for the removal of an
immediate threat to public health and safety or brownsfield as defined
in the Small Business Liability Relief and Brownsfield Revitalization
Act (Public Law 107-118) shall be considered a public use for purposes
of eminent domain.
TITLE IX--GENERAL PROVISIONS GOVERNMENT-WIDE
Departments, Agencies, and Corporations
Sec. 901. 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. 902. No department, agency, or instrumentality of the United
States receiving appropriated funds under this or any other Act for
fiscal year 2007 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. 903. 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 $8,100 except station wagons for which the maximum
shall be $9,100: 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. 904. 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. 905. 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 United States Information Agency, 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. 906. 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. 749), the
Public Buildings Amendments of 1972 (87 Stat. 216), or other applicable
law.
Sec. 907. 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. 908. 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. 909. No part of any appropriation for the current fiscal year
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. 910. 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. 911. Funds made available by this or any other Act to the
Postal Service Fund (39 U.S.C. 2003) shall be available for employment
of guards for all buildings and areas owned or occupied by the Postal
Service or under the charge and control of the Postal Service. The
Postal Service may give such guards, with respect to such property, any
of the powers of special policemen provided under 40 U.S.C. 1315. The
Postmaster General, or his designee, may take any action that the
Secretary of Homeland Security may take under such section with respect
to that property.
Sec. 912. 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. 913. (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 2007, 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
2007, 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 2007, 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 2007 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 2007 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, 2006, 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, 2006, 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, 2006.
(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. 914. During the period in which the head of any department or
agency, or any other officer or civilian employee of the 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. 915. Notwithstanding section 1346 of title 31, United States
Code, or section 910 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. 916. (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. 917. No department, agency, or instrumentality of the United
States receiving appropriated funds under this or any other Act for the
current fiscal year 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), as amended, 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. 918. 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 of
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. 919. (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. 920. 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. 921. 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. 922. 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. 923. 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. 924. 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. 925. (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. 926. Notwithstanding 31 U.S.C. 1346 and section 910 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. 927. Notwithstanding 31 U.S.C. 1346 and section 910 of this
Act, the head of each Executive department and agency is hereby
authorized to transfer to or reimburse ``General Services
Administration, Government-wide Policy'' with the approval of the
Director of the Office of Management and Budget, funds made available
for the current fiscal year by this or any other Act, including rebates
from charge card and other contracts: Provided, That these funds shall
be administered by the Administrator of General Services to support
Government-wide financial, information technology, procurement, and
other management innovations, initiatives, and activities, as approved
by the Director of the Office of Management and Budget, in consultation
with the appropriate interagency groups designated by the Director
(including the 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 15
days following notification of the Committees on Appropriations by the
Director of the Office of Management and Budget.
Sec. 928. 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. 929. Nothwithstanding section 1346 of title 31, United States
Code, or section 910 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. 930. 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. 931. Subsection (f) of section 403 of Public Law 103-356 (31
U.S.C. 501 note), as amended, is repealed.
Sec. 932. (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. 933. (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. 934. 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. 935. 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. 936. 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. 937. 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. 938. (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 on 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. 939. (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; and
(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.
(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.
Sec. 940. (a) The adjustment in rates of basic pay for employees
under the statutory pay systems that takes effect in fiscal year 2007
under sections 5303 and 5304 of title 5, United States Code, shall be
an increase of 2.7 percent, and this adjustment shall apply to civilian
employees in the Department of Defense and the Department of Homeland
Security and such adjustments shall be effective as of the first day of
the first applicable pay period beginning on or after January 1, 2007.
(b) Notwithstanding section 913 of this Act, the adjustment in
rates of basic pay for the statutory pay systems that take place in
fiscal year 2007 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 2007.
Sec. 941. 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. 942. 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. 943. Each executive department and agency shall evaluate the
creditworthiness of an individual before issuing the individual a
government travel charge card. 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, 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. 944. Except as expressly provided otherwise, any reference to
``this Act'' contained in this title shall not apply to title V.
This Act may be cited as the ``Transportation, Treasury, Housing
and Urban Development, the Judiciary, the District of Columbia and
Independent Agencies Appropriations Act, 2007''.
Union Calendar No. 276
109th CONGRESS
2d Session
H. R. 5576
[Report No. 109-495]
_______________________________________________________________________
A BILL
Making appropriations for the Departments of Transportation, Treasury,
and Housing and Urban Development, the Judiciary, District of Columbia,
and independent agencies for the fiscal year ending September 30, 2007,
and for other purposes.
_______________________________________________________________________
June 9, 2006
Committed to the Committee of the Whole House on the State of the Union
and ordered to be printed