H.R.2764 - Consolidated Appropriations Act, 2008110th Congress (2007-2008)
Summary: H.R.2764 — 110th Congress (2007-2008)
Public Law (12/26/2007)
Consolidated Appropriations Act, 2008 - Division A: Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2008 - Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2008 - Title I: Agricultural Programs - Appropriates FY2008 funds for the following Department of Agriculture (Department) programs and services: (1) Office of the Secretary of Agriculture (Secretary); (2) Office of the Chief Economist; (3) National Appeals Division; (4) Office of Budget and Program Analysis; (5) Homeland Security Staff; (6) Office of the Chief Information Officer; (7) Office of the Chief Financial Officer; (8) Office of the Assistant Secretary for Civil Rights; (9) Office of Civil Rights; (10) Office of the Assistant Secretary for Administration; (11) agriculture buildings and facilities and rental payments; (12) hazardous materials management; (13) departmental administration; (14) Office of the Assistant Secretary for Congressional Relations; (15) Office of Communications; (16) Office of the Inspector General; (17) Office of the General Counsel; (18) Office of the Under Secretary for Research, Education, and Economics; (19) Economic Research Service; (20) National Agricultural Statistics Service; (21) Agricultural Research Service; (22) Cooperative State Research, Education, and Extension Service; (23) Office of the Under Secretary for Marketing and Regulatory Programs; (24) Animal and Plant Health Inspection Service; (25) Agricultural Marketing Service; (26) Grain Inspection, Packers and Stockyards Administration; (27) Office of the Under Secretary for Food Safety; (28) Food Safety and Inspection Service; (29) Office of the Under Secretary for Farm and Foreign Agricultural Services; (30) Farm Service Agency (FSA); (31) Risk Management Agency; (32) Federal Crop Insurance Corporation Fund; and (33) Commodity Credit Corporation Fund.
Title II: Conservation Programs - Appropriates funds for the following: (1) Office of the Under Secretary for Natural Resources and Environment; and (2) Natural Resources Conservation Service.
Title III: Rural Development Programs - Appropriates funds for the following: (1) Office of the Under Secretary for Rural Development; (2) rural development salaries and expenses; (3) Rural Housing Service; (4) Rural Business-Cooperative Service; and (5) Rural Utilities Service.
Title IV: Domestic Food Programs - Appropriates funds for the following: (1) Office of the Under Secretary for Food, Nutrition and Consumer Services; and (2) Food and Nutrition Service.
Title V: Foreign Assistance and Related Programs - Appropriates funds for the following: (1) Foreign Agricultural Service; (2) Agricultural Trade Development and Assistance Act of 1954 (P.L. 480) program account, title I ocean freight differential grants, and title II grants; (3) Commodity Credit Corporation export loans program account; and (4) McGovern-Dole international food for education and child nutrition program grants.
Title VI: Related Agencies and Food and Drug Administration - Appropriates funds for the following: (1) Food and Drug Administration (FDA); (2) Commodity Futures Trading Commission; and (3) Farm Credit Administration.
Title VII: General Provisions - Specifies certain uses and limits on or prohibitions against the use of funds appropriated by this Act.
(Sec. 706) Prohibits funds under this Act from being used to pay indirect costs charged against competitive agricultural research, education, or extension grant awards issued by the Cooperative State Research, Education, and Extension Service that exceed 20% of total federal funds provided under each award.
(Sec. 709) Prohibits the use of funds under this Act for the Safe Meat and Poultry Inspection Panel.
(Sec. 715) Directs the Natural Resources Conservation Service to provide financial and technical assistance from specified funds for: (1) the Pocasset River Floodplain Management Project in Rhode Island; (2) the East Locust Creek Watershed Plan Revision in Missouri; (3) the Little Otter Creek Watershed project; and (4) the McDowell Grove Dam Flood Plain/Wetlands Restoration Project in DuPage County, Illinois.
(Sec. 716) Prohibits funds from being used to relocate a state Rural Development office until cost and operation effectiveness have been determined.
(Sec. 717) Prohibits funds made available by this Act from being used to close or relocate the FDA Division of Pharmaceutical Analysis in St. Louis, Missouri, outside the city or county limits.
(Sec. 718) Authorizes the Secretary to use up to 26% of competitive research funds under this Act for a competitive grants program similar to the initiative for future agriculture and food systems.
(Sec. 719) Limits funds for the environmental quality incentives program.
(Sec. 720) Limits funds made available in FY2008 or preceding fiscal years under P.L. 480 to reimburse the Commodity Credit Corporation (CCC) for the release of certain commodities under the Bill Emerson Humanitarian Trust Act.
(Sec. 721) Prohibits fund use for CCC-funded rehabilitation of certain dams.
(Sec. 722) Directs the Secretary, with lender consent, to structure the annual fee payment schedule for rural electrification and telephone bond and loan guarantees so as not to exceed an average of 30 basis points per year for the term of the loan in order to ensure fund availability to pay related subsidy costs.
(Sec. 723) Prohibits funds under this Act from being used to revise a proposed rule (July 8, 2003) respecting cost-sharing for animal and plant health emergency programs of the Animal and Plant Health Inspection Service.
(Sec. 724) Appropriates funds to the Denali Commission to address solid waste disposal problems which threaten to contaminate rural drinking water supplies.
(Sec. 725) States that funds made available in the current fiscal year shall remain available until expended to disburse obligations made in the current fiscal year for the following Food Security Act of 1985 programs: (1) ground and surface water conservation program; (2) conservation reserve program; (3) wetlands reserve program; (4) conservation security program; (5) farmland protection program; (6) grassland reserve program; (7) environmental quality incentives program; and (8) wildlife habitat incentives program.
Requires that funds made available in FY2004-FY2008 for federal crop insurance education and management assistance under the Federal Crop Insurance Act be used to cover only obligations made in such fiscal years, except that FY2008 funds shall be available for new obligations.
Limits fund use for such assistance.
(Sec. 726) Prohibits funds under this Act from being used to require rural status recertification for rural electrification and telecommunication loan program borrowers.
(Sec. 727) Prohibits fund use under this Act by any executive branch entity to produce a prepackaged news story for U.S. broadcast or distribution unless it contains audio or text notice that it was produced or funded by such executive entity.
(Sec. 728) Provides that any former Rural Utilities Service borrower that has repaid or prepaid an insured, direct or guaranteed loan under the Rural Electrification Act, or any not-for-profit utility that is eligible to receive an insured or direct loan under such Act, shall be eligible for economic development and job creation assistance under such Act in the same manner as a borrower (under such Act).
(Sec. 729) Authorizes the Secretary to make funding and other assistance available through the emergency watershed protection program to repair and prevent damage to nonfederal land in watersheds that have been impaired by fires initiated by the federal government. (Waives related cost sharing requirements.)
(Sec. 730) Prohibits, without specific congressional authorization, funds under this Act from being used to study or enter into a contract with a private party for competitive sourcing activities relating to rural development or farm loan programs.
(Sec. 731) Rescinds specified amounts of unobligated balances and amounts available under the Act of August 24, 1935 to encourage exportation and domestic consumption of agricultural products.
(Sec. 732) Sets forth funding allocations for the expanded food nutrition and education program.
(Sec. 733) Prohibits funds under this Act from being used to allow the U.S. importation of poultry products from the People's Republic of China (PRC).
(Sec. 734) Appropriates funds for a construction grant to the National Center for Natural Products Research.
(Sec. 735) Appropriates funds for the planning and construction of an agriculture pest facility in Hawaii.
(Sec. 736) Prohibits funds from being used to implement a risk-based inspection program at certain prototype locations until the Department's Office of Inspector General has reported to the Food Safety and Inspection Service and to the House and Senate Committees on Appropriations respecting such program's development and design data.
(Sec. 737) Directs the Secretary to continue the water and waste systems direct loan program under the authority and conditions provided by the Continuing Appropriations Resolution, 2007.
(Sec. 738) Amends the Richard B. Russell National School Lunch Act to revise summer food service programs for children in service institutions provisions.
(Sec. 739) Appropriates funds to remain available until September 30, 2009, to: (1) continue the fresh fruit and vegetables in school program in participating states; and (2) expand the program to all states (including Alaska, Hawaii, and the District of Columbia) not currently served by such program.
(Sec. 740) Amends the the Department of Agriculture Organic Act of 1944 to eliminate a condition upon the Department's purchase of newspapers.
(Sec. 741) Prohibits funds under this Act from being used to inspect horses for slaughter purposes.
(Sec. 742) Appropriates funds to FSA for a pilot program to demonstrate the use of new technologies that increase the growth rate of reforested hardwood trees on private non-industrial forests lands, enrolling lands on the coast of the Gulf of Mexico that were damaged by Hurricane Katrina in 2005.
(Sec. 743) Amends the U.S. Troop Readiness, Veterans' Care, Katrina Recovery, and Iraq Accountability Appropriations Act, 2007 to extend, for purposes of disaster assistance eligibility, the qualifying livestock loss period through December 31, 2007.
Appropriates funds for FSA salaries and expenses.
(Sec. 744) Includes West Virginia in the program for at-risk children.
(Sec. 745) Makes unexpended commodity assistance program funds available for: (1) the commodity supplemental food program; and (2) the emergency food assistance program.
(Sec. 746) Considers until receipt of the 2010 Census: (1) Alamo, Texas, Mercedes, Texas, Weslaco, Texas, Donna, Texas, La Feria, Texas (including individuals and entities with projects within the cities), and Northampton, Massachusetts (including individuals and entities with projects within the cities) eligible for rural business and cooperative development loans and grants; (2) Bainbridge Island, Washington, Keene, New Hampshire, and Havelock, North Carolina, (including individuals and entities with projects within the cities) eligible for rural community loans and grants; (3) Freeport, Illinois, Kitsap County (except the City of Bremerton), Washington Atascadero, California, and Paso Robles, California, (including individuals and entities with projects within the cities) eligible for loans and grants funded through the rural housing insurance fund program account and the rural housing assistance grants account; (4) Canton, Mississippi, (including individuals and entities with projects within the city) eligible for rural water and waste disposal loans and grants; (5) Parsons, Kansas, Boone, North Carolina, Henderson, North Carolina, and Lenoir, North Carolina as rural areas for rural water and waste loan and grant eligibility; (6) Lansing, Kansas as a rural area for rural housing service program eligibility; (7) Leavenworth, Kansas and Lansing, Kansas as separate geographic entities for rural development grants and loans; (8) Binghamton, New York, for the purpose of upgrading a trunk line for waste transport to the Town of Conklin, New York, (including individuals and entities with projects within the cities) eligible for rural water and waste disposal loans and grants; (9) Lexington County, South Carolina, a rural area for the purposes of financing a farmers' market under the business and industry loan guarantee program; and (10) the service areas being acquired by Mid-Kansas Electric Cooperative, except for Dodge City, Kansas, eligible for financing under the Rural Electrification Act of 1936.
(Sec. 747) Prohibits funds under this Act from being used to terminate or consolidate any of the FDA's 13 field laboratories or 20 district offices (or any of such offices' inspection or compliance duties) functioning as of January 1, 2007.
(Sec. 748) Authorizes the Secretary to use specified housing funds for housing construction and repairs in rural areas affected by hurricanes in 2005.
(Sec. 749) Rescinds certain unobligated training and employment-related balances under the Food Stamp Act of 1977.
(Sec. 750) Rescinds certain unobligated audit-related balances under the child and adult food care program.
(Sec. 751) Extends authorities under the Farm Security and Rural Investment Act of 2002 existing as of September 30, 2007, until March 15, 2008.
Continues at specified annual funding levels: (1) the farmland protection program; (2) the ground and surface water conservation program; and (3) the wildlife habitat incentives program.
Sets forth specified exceptions to which this section shall not apply.
(Sec. 752) Rescinds 0.7% of the FY2008 budget authority for any discretionary account in division A of this Act.
Applies such rescission proportionately: (1) to each discretionary account and each item of budget authority; and (2) within such account and item to each program, project, and activity.
Exempts from such rescission authority: (1) specified Department amounts for the special supplemental nutrition program for women, infants, and children (WIC) and for the Food Safety and Inspection Service; and (2) any amount described in section 5 in the matter preceding division A of this Act.
Requires that the Director of the Office of Management and Budget (OMB) report to the House and Senate Committees on Appropriations specifying the account and amount of each rescission made pursuant to this section.
Division B: Commerce, Justice, Science, and Related Agencies Appropriations Act, 2008 - Commerce, Justice, Science, and Related Agencies Appropriations Act, 2008 - Makes appropriations for FY2008 for the Departments of Commerce and Justice, for science-related programs, and related agencies.
Title I: Department of Commerce - Department of Commerce Appropriations Act, 2008 - Makes appropriations for the Department of Commerce for FY2008 for: (1) the International Trade Administration; (2) the Bureau of Industry and Security; (3) the Economic Development Administration; (4) the Minority Business Development Agency; (5) economic and statistical analysis programs; (6) the Bureau of the Census; (7) the National Telecommunications and Information Administration, including for grants for public telecommunications facilities planning and construction; (8) the U.S. Patent and Trademark Office (USPTO); (9) the National Institute of Standards and Technology (NIST), including amounts for the Hollings Manufacturing Extension Partnership, the Technology Innovation Program, and for construction of new research facilities; (10) the National Oceanic and Atmospheric Administration (NOAA), including transfers of funds, and an amount for procurement, acquisition, and construction of capital assets; (11) restoration of Pacific salmon populations; (12) the Coastal Zone Management Fund, including a transfer of funds; (13) the fisheries finance program account; (14) departmental management, including for the Office of Inspector General; and (15) the renovation and modernization of the Herbert C. Hoover Building.
(Sec. 101) Allows Department of Commerce funds to be made available for certain functions and activities of the Department and for advanced payments not otherwise authorized upon the certification of a Department of Commerce official that such payments are in the public interest.
(Sec. 102) Authorizes funding for hire of passenger motor vehicles, for services, and for uniforms or allowances.
(Sec. 103) Restricts the transfer of current fiscal year appropriations for the Department of Commerce in this Act. Makes special provision for transfers among appropriations made only to NOAA.
(Sec. 104) Permits a transfer of funds to cover certain costs incurred resulting from personnel actions taken in response to funding reductions.
(Sec. 105) Extends through 2009 the authority of the Emergency Steel Loan Guarantee Board to make commitments to guarantee any loan to a qualified steel company.
Authorizes funding for salaries and administrative expenses to administer the Emergency Steel Loan Guarantee Program.
(Sec. 106) Prohibits the use of any funds under this Act to register, issue, transfer, or enforce any trademark of the phrase "Last Best Place."
(Sec. 107) Authorizes funding for food expenses for certain trade negotiators when sequestered.
(Sec. 108) Authorizes the expansion of the Department of Commerce personnel management demonstration project to involve more than 5,000 individuals and extends such project indefinitely.
(Sec. 109) Amends the National Technical Information Act of 1988 to require the Director of the National Technical Information Service to report to the Director of NIST (in lieu of the Under Secretary of Commerce for Technology).
(Sec. 110) Authorizes the Secretary of Commerce to promulgate safety and health standards or regulations for scientific and occupational diving within NOAA.
(Sec. 111) Authorizes the Secretary of Commerce to compensate fishery participants displaced by the creation of the Papaha-naumokua-kea Marine National Monument. Directs the Secretary to promulgate regulations for a voluntary capacity reduction program. Authorizes appropriations.
(Sec. 112) Prohibits NOAA from entering into a contract for development of a major program (an activity approved to proceed to implementation that has an estimated life-cycle cost of more than $250 million) unless the Under Secretary of Commerce for Oceans and Atmosphere makes certain determinations about the costs and feasibility of such program.
Requires the Under Secretary to report to Congress on the satellite development program which NOAA proposes to fund in the subsequent fiscal year.
Requires the first Major Program Annual Report for NOAA's satellite development program to include a baseline report containing information about the purposes of the program, cost estimates, a schedule for development, and a plan for minimizing costs and risks.
(Sec. 113) Authorizes the Secretary of Commerce to: (1) develop, maintain, and make public a list of vessels and vessel owners engaged in illegal, unreported, or unregulated fishing; and (2) take appropriate action against the vessels and vessel owners on such list.
(Sec. 114) Allocates funding for the establishment of the Climate Change Study Committee to study global climate change and make appropriate recommendations.
Title II: Department of Justice - Department of Justice Appropriations Act, 2008 - Makes appropriations for the Department of Justice (DOJ) for 2008 for: (1) general administration, including for information sharing technology, tactical law enforcement wireless communications, administration of pardon and clemency petitions and immigration-related activities, the Federal Detention Trustee, and the Office of Inspector General; (2) The U.S. Parole Commission; (3) legal activities, including reimbursement from the Vaccine Injury Compensation Trust Fund for processing cases under the National Childhood Vaccine Injury Act of 1986, antitrust enforcement, the Offices of the U.S. Attorneys, the U.S. Trustee Program, and the Foreign Claims Settlement Commission; (4) the U.S. Marshals Service, including for courthouse security equipment, construction, fees and expenses of witnesses, the Community Relations Service, and certain uses of the Assets Forfeiture Fund; (5) the National Security Division; (6) interagency crime and drug enforcement; (7) the Federal Bureau of Investigation (FBI); (8) the Drug Enforcement Administration (DEA); (9) the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF); (10) the federal prison system, including for the construction of new buildings and facilities and the Federal Prison Industries, Incorporated (subject to certain limitations on administrative expenses); (11) the Office on Violence Against Women for violence against women prevention and prosecution programs; and (12) the Office of Justice Programs, including state and local law enforcement assistance, for necessary expenses to implement the "Weed and Seed" program, community-oriented policing service, juvenile justice programs, and public safety officers benefits.
(Sec. 201) Makes funds available to the Attorney General for official reception and representation expenses.
(Sec. 202) Prohibits the use of funds appropriated by this title to: (1) pay for an abortion, except where the life of the mother would be endangered if the fetus were carried to term or in the case of rape; or (2) require any person to perform or facilitate an abortion.
(Sec. 204) Reaffirms the obligation of the Director of the Bureau of Prisons to provide escort services necessary for a female inmate to receive an abortion outside a federal facility.
(Sec. 205) Restricts the transfer of current fiscal year appropriations for DOJ in this Act. Makes special provision for transfers among appropriations relating to the federal prison system.
(Sec. 206) Authorizes the Attorney General to extend through FY2009 the Personnel Management Demonstration Project without limitation on the number of employees or the positions covered.
(Sec. 207) Extends certain authorities for FBI and DEA undercover investigative operations to ATF.
(Sec. 208) Prohibits funding to transport a maximum or high security prisoner other than to a prison or facility certified by the Bureau of Prisons as appropriately secure.
(Sec. 209) Prohibits funding by federal prisons to purchase cable television services or equipment used primarily for recreational purposes. Allows such services or equipment for inmate training or for religious or educational programs.
(Sec. 210) Prohibits the funding of Sentinel or any other major new or enhanced information technology program that has total estimated development costs in excess of $100 million unless DOJ certifies to the Committees on Appropriations that such programs are properly managed and are compatible with the enterprise architecture of DOJ.
(Sec. 211) Subjects any deviation from the amounts designated for specific activities in this Act to the reprogramming procedures established by section 505 of this Act.
(Sec. 212) Requires certain fines imposed upon bankruptcy petition preparers to be deposited into the U.S. Trustee System Fund appropriations account.
(Sec. 213) Revises the fees schedule for disbursements in a Chapter 11 bankruptcy case.
(Sec. 214) Prohibits funding under this Act for any public-private competition conducted under Office of Management and Budget Circular A-76 for work performed by employees of the Bureau of Prisons or Federal Prison Industries, Incorporated.
(Sec. 215) Prohibits funding for U.S. Attorneys who are assigned dual or additional responsibilities by the Attorney General that exempt such U.S. Attorneys from applicable residency requirements.
(Sec. 216) Restricts funding for the FBI's Sentinel program until the FBI reports to the House and Senate Committees on Appropriations on the results of a completed integrated baseline review for that program. Prohibits funding for future development of the program until the Attorney General certifies to the Committees that certain performance measurements have been met.
(Sec. 218) Requires the Attorney General to submit quarterly reports to the Inspector General on the costs and contracting procedures for conferences held by DOJ in FY2008 for which costs exceeded $20,000.
(Sec. 219) Provides authority to public or private institutions of higher education to grant student loan financing or forbearance to federal or District of Columbia employees who are current or former students of such institutions.
(Sec. 220) Amends the Omnibus Crime Control and Safe Streets Act of 1968 to include territories and Indian tribes as eligible grant recipients (or reaffirm that eligibility) under the programs to: (1) address the manufacture, sale, and use of methamphetamine; (2) aid children in homes in which methamphetamine or other drugs are unlawfully manufactured, distributed, dispensed, or used; and (3) address methamphetamine use by pregnant and parenting women offenders.
Title III: Science - Science Appropriations Act, 2008 - Makes appropriations for FY2008 for: (1) the Office of Science and Technology Policy; (2) the National Aeronautics and Space Administration (NASA) for science, aeronautics and exploration research and development activities, and for the Office of Inspector General; and (3) the National Science Foundation (NSF) for research, equipment and facilities construction, education and human resources, agency operations and award management, the Office of the National Science Board, and the Office of Inspector General.
Requires, for FY2009 and hereafter, NASA to provide specific information in its annual budget justification relating to proposed funding levels and estimated budgets for the next five fiscal years.
Title IV: Related Agencies - Makes appropriations for FY2008 for: (1) the Commission on Civil Rights; (2) the Equal Employment Opportunity Commission (EEOC); (3) the International Trade Commission (ITC); (4) the Legal Services Corporation; (5) the Marine Mammal Commission; (6) the National Veterans Business Development Corporation; (7) the Office of the U.S. Trade Representative; and (8) the State Justice Institute.
Prohibits the EEOC from taking any action to implement any workforce repositioning, restructuring, or reorganization until notice of such actions is given to the House and Senate Committees on Appropriations.
Title V: General Provisions - Specifies certain uses and limits on or prohibitions against the use of funds appropriated by this Act.
(Sec. 501) Prohibits funding for publicity or propaganda purposes not authorized by Congress.
(Sec. 502) Prohibits any part of any appropriation contained in this Act from remaining available for obligation beyond the current fiscal year unless expressly so provided in this Act.
(Sec. 503) Limits expenditures for consulting services through procurement contracts to those contracts where expenditures are a matter of public record and available for public inspection, except where otherwise provided under existing law.
(Sec. 504) Provides for severability of provisions of this Act if certain other provisions are held invalid.
(Sec. 505) Prohibits any reprogramming of funds that creates, eliminates, or otherwise affects any existing programs, unless the Senate Committee on Appropriations is notified 15 days in advance.
(Sec. 506) Prohibits the use of funds for the construction, repair (other than emergency repair), overhaul, conversion, or modernization of vessels for NOAA in shipyards located outside of the United States.
(Sec. 507) Prohibits funding to implement, administer, or enforce certain Equal Employment Opportunity Commission (EEOC) guidelines covering harassment based on religion.
(Sec. 508) Renders any person who mislabels a product sold in or shipped to the United States as "Made in America" ineligible to receive any contract or subcontract funded by this Act.
(Sec. 509) Requires the Departments of Commerce and Justice, NSF, and NASA to provide to the House and Senate Committees on Appropriations a quarterly accounting of the cumulative balances of unobligated funds received by such agencies during any previous fiscal year.
(Sec. 510) Permits a transfer of funds to cover certain costs incurred resulting from personnel actions taken in response to funding reductions.
(Sec. 511) Prohibits the use of funds under this Act to promote the sale or export of tobacco or tobacco products or to seek the removal of restrictions on marketing of such products.
(Sec. 512) Prohibits funding for the implementation of: (1) any user fee for background checks under the Brady Handgun Control Act of 1993; and (2) any background check system that does not require and result in the destruction of information submitted by an individual certified as eligible to possess or receive a firearm.
(Sec. 513) Bars amounts in the Crime Victims Fund in excess of $590 million in any fiscal year from being available for obligation until the following fiscal year.
(Sec. 514) Prohibits the use of DOJ funds to discriminate against or denigrate the religious or moral beliefs of students who participate in DOJ programs or of the parents or legal guardians of such students.
(Sec. 515) Prohibits the transfer of funds made available in this Act to any federal entity, except as authorized in this Act or any other appropriations Act.
(Sec. 516) Designates the Secretary of Commerce as the U.S. representative in negotiating and monitoring international agreements on fisheries, marine mammals, or sea turtles.
(Sec. 517) Subjects funding for implementing E-Government Initiatives to the reprogramming limits established by section 505 of this Act.
(Sec. 518) Requires ATF to make certain disclosures in its data releases about the limitations of trace data in making conclusions about firearms-related crime.
(Sec. 519) Requires the Inspectors General of the Departments of Commerce and Justice, NASA, and NSF to conduct audits of grants or contracts funded by this Act and submit reports to Congress on the progress of such audits. Requires the results of such audits to be made available to the public on federal websites. Prohibits the use of funds for banquets and conferences not directly related to a grant or contract purpose. Requires a grant or contract recipient to submit a conflict of interest statement.
(Sec. 520) Prohibits the use of funds under this Act to issue patents on claims directed to or encompassing a human organism.
(Sec. 521) Prohibits the use of funds under this Act to support or justify the use of torture by any official or contract employee of the U.S. government.
(Sec. 522) Prohibits the use of funds under this Act to require certain licenses for the export of firearms to Canada. Authorizes the President to require export licenses on a temporary basis if there is a determination that Canada has not maintained adequate import controls for firearms or that there is a significant diversion of such firearms for use in international terrorism or in armed conflict in another nation.
(Sec. 523) Prohibits the use of funds in this Act to deny certain import applications for curios or relics, firearms, parts, or ammunition.
(Sec. 524) Prohibits the use of funds made available in this Act to include certain provisions of the United States-Singapore Free Trade Agreement, the United States-Australia Free Trade Agreement, or the United States-Morocco Free Trade Agreement in any new bilateral or multilateral trade agreement.
(Sec. 525) Directs the Administrator of NASA to: (1) modify NASA's financial management system for budgeting, accounting for, controlling, and reporting on appropriations; (2) certify to the House and Senate Appropriations Committees by April 1, 2008, that NASA's financial management meets applicable requirements; and (3) report monthly to such Committees financial information relating to NASA's budget.
(Sec. 526) Prohibits the use of funds made available in this Act to authorize or issue a national security letter in contravention of certain laws authorizing the FBI to issue such letters.
(Sec. 527) Prohibits the use of funds in this Act for any public-private competition under OMB Circular A-76 to convert work performed by a federal employee to the private sector without the involvement of the affected employees.
(Sec. 528) Amends the Harmful Algal Bloom and Hypoxia Research and Control Act of 1998 to increase funding levels under that Act for FY2008-2010.
(Sec. 530) Requires program managers of projects within the jurisdiction of the Departments of Commerce or Justice, NASA, or NSF totaling more than $75 million to inform department heads of any increase in program costs of 10% or more. Requires department heads to notify the Senate Committee on Appropriations of any such increases.
(Sec. 531) Prohibits the reprogramming or transfer of funds after June 30, except in extraordinary circumstances.
(Sec. 532) Authorizes funds for DOJ intelligence activities during FY2008 until the enactment of the Intelligence Authorization Act for FY2008.
(Sec. 533) Amends the National Aeronautics and Space Administration Act of 1958 to modify the authority of the NASA Administrator to enter into certain enhanced-use leases of real property.
(Sec. 534) Requires the departments, agencies, and commissions funded under this Act to establish and maintain on their websites: (1) a direct link to their Offices of Inspectors General; and (2) a mechanism on the Offices of Inspectors General website for anonymously reporting waste, fraud, or abuse.
(Sec. 535) Prohibits the award of a contract or grant in excess of $5 million under this Act unless the prospective contractor or grantee makes certain certifications of compliance with federal tax requirements.
(Sec. 536) ED 1.0 Act - Allocates funds for a pilot program in the National Telecommunications and Information Administration to award nine grants to enable certain minority educational institutions to develop digital and wireless networks for online programs of study. Grants priority to institutions that serve counties with certain minority populations, income and educational levels, and negative population growth rates.
Requires the Administrator of the National Telecommunications and Information Administration to consult with Congress on a quarterly basis regarding such pilot program and to submit a progress report within one year after the enactment of this Act.
Authorizes appropriations for FY2008-FY2009.
(Sec. 537) Prohibits the use of funds in this Act: (1) for purposes inconsistent with U.S. trade remedy laws; or (2) to purchase first class or premium airline travel inconsistent with federal regulations.
(Sec. 539) Renames the Implementing Recommendations of the 9/11 Commission Act of 2007 as the 911 Modernization Act.
(Sec. 540) Amends the Omnibus Consolidated Rescissions and Appropriations Act of 1996 to expand the types of aliens to whom the Legal Services Corporation may provide legal services to include aliens admitted to the United States to perform forestry labor.
(Sec. 541) Prohibits the use of funds made available in this Act: (1) in contravention of the pilot program for alien employment eligibility confirmation; (2) to employ unauthorized aliens; or (3) to pay for the attendance of more than 50 federal employees at any single conference outside the United States.
Title VI: Rescissions - Rescinds unobligated balances available for: (1) Department of Commerce programs for economic development assistance, economic and statistical analysis, and NIST industrial technology services; (2) NOAA; (3) Department of Justice (DOJ) general administration and DOJ programs for justice information sharing technology, Violence Against Women Prevention and Prosecution, the working capital fund, the telecommunications carrier compliance fund, the U.S. Detention Trustee, the Assets Forfeiture Fund, Office of Justice programs, and Community Oriented Policing Services; (4) NASA; and (5) NSF.
Division C: Energy and Water Development and Related Agencies Appropriations Act, 2008 - Energy and Water Development and Related Agencies Appropriations Act, 2008 - Title I: Corps of Engineers-Civil - Makes FY 2008 appropriations for: (1) the U.S. Army Corps of Engineers for civil functions pertaining to rivers and harbors, flood and storm damage reduction, and aquatic ecosystem restoration; (2) general investigations and construction (including rescissions of funds); (3) flood damage reduction for the Mississippi River alluvial valley below Cape Girardeau, Missouri; (4) operation, maintenance, and administration of laws pertaining to regulation of navigable waters and wetlands; (5) clean up of contamination from sites resulting from work performed as part of the early atomic energy program; (6) flood control, hurricane, and natural disasters emergency operations; (7) general administration and related civil works functions in the headquarters of the Corps; and (8) the Office of Assistant Secretary of the Army (Civil Works).
(Sec. 101) Sets forth limitations regarding reprogramming of funds and certain continuing contracts.
(Sec. 103) Prohibits the use of funds to implement: (1) pending or future competitive sourcing actions under OMB Circular A-76 or High Performing Organizations for the U.S. Army Corps of Engineers; (2) plans divesting or transferring any Civil Works missions, functions, or responsibilities of the United States Army Corps of Engineers to other government agencies without specific direction in a subsequent Act of Congress; or (3) any water reallocation project or component under the Wolf Creek Project, Lake Cumberland, Kentucky, except a reallocation subject to an existing agreement or payment schedule.
(Sec. 107) Authorizes the Secretary of the Army to construct a new Environmental Laboratory and improvements to the Information Technology Laboratory at the Engineer Research and Development Center in Vicksburg, Mississippi.
(Sec. 108) Instructs the Secretary to credit toward the non-federal share of the cost of the Rio Grande Basin Watershed Study, New Mexico, Colorado, and Texas, the cost of in-kind services contributed by the New Mexico Interstate Stream Commission for the Study.
(Sec. 109) Amends the Energy and Water Development Appropriations Act, 2006 to revise the Secretary's authority to implement and fund projects to comply with a the 2003 Biological Opinion. Authorizes planning studies, watershed surveys and assessments, or technical studies at 100% federal expense to accomplish the purposes of the 2003 Biological Opinion. Repeals authority to award grants and enter into contracts, cooperative agreements, or interagency agreements with participants in the Endangered Species Act Collaborative Program Workgroup referenced in the Energy and Water Development Appropriations Act, 2004.
(Sec. 110) Instructs the Secretary, acting through the Chief of Engineers, to convey at no cost lands to Tate County School District, Tate County, Mississippi, the transfer of any real property interests, not to exceed 50 acres, at Arkabutla Lake deemed available by the Army that is located adjacent to school district property in the vicinity of State Highway 306 west of Coldwater, Mississippi.
(Sec. 111) Amends the Water Resources Development Act of 1999 to appropriate $100 million to North Dakota for design and construction assistance for water-related environmental infrastructure and resource protection and development projects.
(Sec. 112) Instructs the Secretary to: (1) conduct preconstruction engineering and design activities at full federal expense for the Kahuku Storm Damage Reduction Project, Oahu, Hawaii; and (2) plan, design, and construct a rural health care facility on the Fort Berthold Indian Reservation of the Three Affiliated Tribes, North Dakota, at an estimated federal cost of $20 million.
(Sec. 113) Amends the Water Resources Development Act of 1996 to extend from seven to 12 years the national shoreline erosion control development and demonstration program.
(Sec. 116) Amends the Flood Control Act of 1968 to increase from $5 million to $7 million the federal reimbursement to state and local governments for work performed at water resources development projects.
(Sec. 117) Authorizes the Secretary to construct the project for flood damage reduction, environmental restoration and recreation, Johnson Creek, Arlington, Texas, at a total cost of $80 million, with an estimated federal cost of $52 million.
(Sec. 118) Directs the Secretary to reimburse local governments for expenses incurred in storm-proofing pumping stations, constructing safe houses for operators, and other interim flood control measures in and around the New Orleans metropolitan area.
(Sec. 119) Amends the Water Resources Development Act of 1992 modify the authorization for wastewater infrastructure, Coronado, California.
(Sec. 120) Amends the Water Resources Development Act of 1999 to allow in-kind services as the local match for the funds appropriated for flood plain delineation on the Navajo reservation in Arizona, New Mexico, and Utah.
(Sec. 121) Authorizes the Secretary of the Army to contract with any public or private entity to provide visitor reservation services.
(Sec. 122) Modifies the project for flood control, Redwood River, Marshall, Minnesota, to authorize the Secretary to construct the project at a specified total cost.
(Sec. 123) Declares the project for St. John's Bayou and New Madrid Floodway in the State of Missouri is economically justified, provided the levee closure and gravity structure at the south end of the New Madrid Floodway portion are part of the Mississippi River Levee feature of the Mississippi River and Tributaries Project and are not a separable element of that Project.
(Sec. 124) Permits specified funds targeted for Department of the Army construction activities to be used for restoration of shore protection projects in New Jersey damaged by the same meteorological events that resulted in Presidential Disaster Declaration FEMA-1694-DR.
(Sec. 125) Modifies the project for flood control, Cedar Hammock (Wares Creek), Florida, to authorize the Secretary to construct it at a total cost of $42.6 million.
(Sec. 127) Applies specified requirements governing the use of certain continuing contracts under the Water Resources Development Act of 1999 only to projects funded under the Operation and Maintenance account and the Operation and Maintenance subaccount of the Mississippi River and Tributaries account.
(Sec. 129) Authorizes the U.S. Army Corps of Engineers to arrange disposal of waste materials from the Maywood, New Jersey, Formerly Utilized Sites Remedial Action Program (FUSRAP) site at specified off-site facilities.
(Sec. 130) Modifies the Water Resources Development Act of 1996 regarding the American and Sacramento Rivers, California, with respect to the credit recognized toward the non-federal share of project costs. Declares that the non-federal interest shall receive credit for work commenced before the date of execution of a cooperation agreement for the affected feature.
(Sec. 131) Modifies the project for White River Navigation to Batesville, Arkansas, to: (1) extend it from mile 255, near Newport, Arkansas, to approximately mile 296, near Batesville, Arkansas; (2) include a harbor at Batesville, Arkansas; and (3) include environmental restoration within the White River Basin, including federally owned lands.
(Sec. 132) Cites circumstances under which certain funding prohibitions set forth in the Energy and Water Development Appropriations Act, 2006 shall not apply to the construction or expansion of any landfill in the Muskingum River watershed.
(Sec. 133) Directs the Chief of the Army Corps of Engineers to convey to Story County, Iowa, without consideration, all federal rights, title, and interest in specified real property originally proposed for the Skunk River Reservoir, located between Ames and Story City, Iowa.
(Sec. 134) Prohibits the use of any funds provided in this Act to implement any new water control manuals for the Apalachicola-Chattahootchee-Flint and Alabama-Coosa-Tallapoosa river systems.
(Sec. 135) Amends the Emergency Supplemental Appropriations Act for Defense, the Global War on Terror, and Hurricane Recovery, 2006 to instruct the Secretary of the Army, in implementing projects and measures in the New Orleans metropolitan area required to achieve certification for participation in the National Flood Insurance Program, to: (1) include all authorized features of the Southeast Louisiana Flood Control project and related internal pumping requirements as integral elements of the comprehensive protection system for the area; and (2) complete all authorized work for the Southeast Louisiana project concurrently and integrally with other area projects.
(Sec. 136) Instructs the Secretary of the Army, utilizing funds appropriated for Alaska Coastal Erosion, to prepare a preliminary action plan for any Alaska community that requests assistance for structural and non-structural projects for storm damage prevention and reduction, coastal erosion, and ice and glacial damage, including relocation of affected communities and construction of replacement facilities.
Title II: Department of the Interior - Makes FY2008 appropriations to the Department of the Interior for: (1) the Central Utah Project Completion Account; (2) the Bureau of Reclamation for management, development, and restoration of water and related natural resources; (3) the Central Valley Project Restoration Fund; (4) California Bay-Delta restoration; and (5) policy and administration in the Office of the Commissioner, the Denver office, and offices in the five regions of the Bureau of Reclamation.
(Sec. 201) Prohibits the use of funds to determine the final point of discharge for the interceptor drain for the San Luis Unit until development by the Secretary of the Interior and the state of California of a plan, conforming to California water quality standards, to minimize any detrimental effect of the San Luis drainage waters.
Declares that the costs of the Kesterson Reservoir Cleanup Program and the San Joaquin Valley Drainage Program shall be classified as reimbursable or nonreimbursable and collected until fully repaid. Makes any future federal obligations relating to drainage for the San Luis Unit fully reimbursable by Unit beneficiaries.
(Sec. 202) Prohibits the use of funds to pay the salaries and expenses of personnel to purchase or lease water in the Middle Rio Grande or the Carlsbad Projects in New Mexico unless said purchase or lease is in compliance with certain statutory purchase requirements .
(Sec. 203) Requires funds for Drought Emergency Assistance to be made available primarily for leasing of water for specified drought related purposes from willing lessors in compliance with existing state laws and administered under state water priority allocation.
(Sec. 204) Authorizes the Secretary of the Interior to enter into grants and other agreements with irrigation or water districts and states to fund up to 50% of the cost of planning, designing, and constructing improvements that will conserve water, increase water use efficiency, or enhance water management through measurement or automation, at existing water supply projects within specified states.
(Sec. 205) Amends the Energy and Water Development Appropriations Act, 2004, to repeal current authority for the Endangered Species Collaborative Program.
Instructs the Secretary of the Interior to establish an Executive Committee of the Middle Rio Grande Endangered Species Collaborative Program.
Authorizes the Secretary to enter into grants, contracts, and agreements to comply with a specified Biological Opinion, or in furtherance of objectives enunciated in the collaborative program long-term plan.
Sets the nonfederal share of actitivites at 25%. Requires the nonfederal cost share to be determined on a programmatic, rather than a project-by-project basis.
(Sec. 206) Instructs the Secretary to continue to participate in implementation of the Project at Las Vegas Wash and Lake Mead (Nevada).
Authorizes the Secretary to provide grants to the Southern Nevada Water Authority to implement the Project.
(Sec. 207) Instructs the Secretary to use $2 million to provide grants, divided equally, to the states of Nevada and California to implement the Truckee River Settlement Act.
(Sec. 208) Directs the Secretary, acting through the Commissioner of Reclamation, to use specified funds for: (1) conveyance to the state of Nevada land known as the Carson Lake and Pasture; (2) removal of the Numana Dam and other obsolete irrigation structures located on the Pyramid Lake Paiute Reservation for the benefit of the Pyramid Lake Paiute Tribe; (3) study and plan for development and construction of a pipeline to convey water from Dixie Valley to Churchill County, Nevada; and (4) design and construction of the Derby Dam fish screen to allow passage of fish.
Specifies allocations for certain other entities and projects.
(Sec. 209) Amends the Mni Wiconi Project Act of 1988 to extend beyond January 1, 2013, the authority to increase or decrease authorized funds for the Oglala Sioux, the West River, and the Lyman-Jones Rural Water Supply Systems.
(Sec. 210) Amends the Reclamation Wastewater and Groundwater Study and Facilities Act to authorize the Secretary to participate in design, planning, and construction of: (1) the Inland Empire regional water recycling project; and (2) the Cucamonga Valley Water District satellite recycling plants in Rancho Cucamonga, California. Authorizes appropriations for both projects.
(Sec. 211) Directs the Secretary to report to certain congressional committees before the unilateral termination or removal of cabin or trailer sites on Bureau of Reclamation lands in North Dakota for the purpose of changing land use.
(Sec. 212) Amends the Reclamation Projects Authorization and Adjustment Act of 1992 to increase appropriations to implement irrigation projects for the Standing Rock Sioux Tribe.
(Sec. 213) Extends the Secretary's authority regarding a specified water services contract between the United States and the East Bench Irrigation District.
(Sec. 214) Amends the Reclamation Wastewater and Groundwater Study and Facilities Act to authorize: (1) the Secretary to participate in the design, planning, and construction of projects to implement the Mojave Water Agency's Integrated Regional Water Management Plan; and (2) authorize appropriations for the projects.
Title III: Department of Energy - Makes FY2008 appropriations to the Department of Energy (DOE) for expenses related to: (1) energy efficiency and renewable energy; (2) electricity delivery and energy reliability; (3) nuclear energy; (4) legacy management; (5) clean coal technology; (6) fossil energy research and development; (7) naval petroleum and oil shale reserves; (8) Strategic Petroleum Reserve (SPR); (9) the Northeast Home Heating Oil Reserve; (10) the Energy Information Administration; (11) non-defense environmental cleanup; (12) the Uranium Enrichment Decontamination and Decommissioning Fund; (13) science activities; and (14) nuclear waste disposal, including specified funds designated for the state of Nevada and for local governmental jurisdictions in the state of California.
Makes FY2008 appropriations for: (1) the Title 17 Innovative Technology Loan Guarantee program; (2) salaries and expenses for DOE administration; (3) the Office of Inspector General; (4) atomic energy defense weapons activities; (5) defense nuclear nonproliferation activities; (6) naval reactors; (7) the Office of the Administrator in the National Nuclear Security Administration; (8) atomic energy defense environmental cleanup; (9) plant and capital equipment necessary for atomic energy defense, other defense, and classified activities; and (10) defense nuclear waste disposal activities.
Approves specified expenditures from the Bonneville Power Administration Fund for specified fishery and hatchery activities.
Makes FY2008 appropriations for: (1) operation and maintenance of power transmission facilities and marketing electric power and energy for the Southeastern and Southwestern Power Administrations; (2) construction, rehabilitation, operation and maintenance of the Western Area Power Administration, including conservation and renewable resources programs; (3) operation, maintenance, and emergency costs for the hydroelectric facilities at the Falcon and Amistad Dams; and (4) expenses of the Federal Energy Regulatory Commission (FERC).
(Sec. 301) Prohibits the use of funds to award a noncompetitive management and operating contract, or a contract for environmental remediation or waste management in excess of $100 million in annual funding at a current or former management and operating contract site or facility, or award a significant extension or expansion to an existing management and operating contract, or other contract covered by this section, unless the contract is awarded using competitive procedures or the Secretary of Energy grants, on a case-by-case basis, a waiver to allow for the deviation.
(Sec. 302) Prohibits the use of appropriations to: (1) prepare or initiate requests for proposals for unfunded programs; or (2) develop or implement certain workforce restructuring programs at DOE.
(Sec. 304) Prohibits the use of funds appropriated by this Act to augment funds made available for severance payments and other benefits and community assistance grants under the National Defense Authorization Act for Fiscal Year 1993 unless the DOE submits a reprogramming request to congressional committees.
(Sec. 305) States that unexpended balances of prior appropriations provided for activities in this Act may be available to the same appropriation accounts for the activities established pursuant to this title.
(Sec. 306) Prohibits the use of Bonneville Power Administration funds to enter into any agreement to perform energy efficiency services outside the legally defined Bonneville service territory, with the exception of services provided internationally, including services provided on a reimbursable basis, unless the Administrator certifies in advance that the services are not available from private sector businesses.
(Sec. 307) Requires DOE: (1) when it makes a user facility available to universities or other potential users, or seeks their input on significant user facility characteristics or equipment, to ensure broad public notice of the availability or input need; and (2) employ full and open competition in selecting a university or other potential user as a formal partner in the establishment or operation of a user facility.
(Sec. 308) Deems any funds appropriated by this or any other Act, or made available by the transfer of funds in this Act, for intelligence activities to be specifically authorized by Congress for purposes of the National Security Act of 1947 during FY2008, until the enactment of the Intelligence Authorization Act for FY2008.
(Sec. 309) Authorizes the use of specified funds by: (1) government-owned, contractor-operator operated laboratories for laboratory-directed research and development; and (2) the plant manager of a covered nuclear weapons production plant or the manager of the Nevada Site Office for plant or site-directed research and development.
(Sec. 310) Directs the Administrators of the Southeastern Power Administration, the Southwestern Power Administration, and the Western Area Power Administration to use the "yield" rate in computing interest during construction and interest on the unpaid balance of the costs of federal power facilities.
(Sec. 311) States that a specified Use Permit for activities conducted at the Pacific Northwest National Laboratory shall: (1) continue in effect during the term of the existing Operating Contract, including extensions or renewals; and (2) be incorporated into any future management and operating contract for the Laboratory.
(Sec. 312) Rescinds: (1) from discretionary accounts in this Act that contain congressionally directed projects, 1.6% of the budget authority provided for FY2008 for the projects; and (2) from all discretionary accounts in this Act 0.91% of other budget authority provided for FY2008.
Title IV: Independent Agencies - Makes FY2008 appropriations to: (1) the Appalachian Regional Commission; (2) the Defense Nuclear Facilities Safety Board; (3) the Delta Regional Authority; (4) the Denali Commission; (5) the Nuclear Regulatory Commission; (6) the Office of Inspector General; (7) the Nuclear Waste Technical Review Board; and (8) the Office of the Federal Coordinator for Alaska Natural Gas Transportation Projects.
(Sec. 401) Makes a technical correction to the Tennessee Valley Authority Act of 1933.
Title V: General Provisions - (Sec. 501) Prohibits the use of funds appropriated by this Act to influence congressional action on legislation or appropriation matters pending before Congress.
(Sec. 502) Prohibits the transfer of funds made available by this Act to any federal department, agency, or instrumentality, except pursuant to a transfer made by, or transfer authority provided in, this Act or any other appropriation Act.
Division D: Financial Services and General Government Appropriations Act, 2008 - Financial Services and General Government Appropriations Act, 2008 - Title I: Department of the Treasury - Department of the Treasury Appropriations Act, 2008 - Makes appropriations for FY2008 to the Department of the Treasury for: (1) departmental offices; (2) department-wide systems and capital investments programs; (3) the Office of Inspector General; (4) the Treasury Inspector General for Tax Administration; (5) the Air Transportation Stabilization Program Account; (6) the Financial Crimes Enforcement Network; (7) the Financial Management Service; (8) the Alcohol and Tobacco Tax and Trade Bureau; (9) the U.S. Mint for the U.S. Mint Public Enterprise Fund; (10) the Bureau of the Public Debt; (11) the Community Development Financial Institutions Fund Program Account; and (12) the Internal Revenue Service (IRS).
Sets forth certain transfers of funds, including a certain rescission of funds.
(Sec. 102) Requires the IRS to maintain a training program for IRS employees in taxpayers' rights, in dealing courteously with taxpayers, and in cross-cultural relations.
(Sec. 104) Makes funds for the IRS under any Act available for improved facilities and increased staffing to provide sufficient and effective 1-800 help line service for taxpayers.
(Sec. 105) Extends the Secretary of the Treasury's authority through July 22, 2013, to establish, fix the compensation of, and appoint individuals to certain designated critical administrative, technical, and professional positions needed to carry out IRS functions.
(Sec. 106) Extends through such date the Secretary's authority to provide: (1) recruitment, retention and relocation incentives, and relocation expenses for certain IRS employees; and (2) performance awards for certain IRS senior executives.
(Sec. 107) Transfers from the Office of Management and Budget (OMB) to the Office of Personnel Management (OPM) the authority to fix the rate of basic pay for IRS positions designated by the Secretary under streamlined critical pay authority.
(Sec. 108) Earmarks at least $7.35 million out of funds made available by this Act to increase above FY2007 levels the number of full-time equivalent (FTE) positions and related support activities performing Automatic Collection System functions.
(Sec. 113) Bars the use of appropriatons by the Department or the Bureau of Engraving and Printing to redesign the $1 Federal Reserve note.
(Sec. 115) Extends from eight years to 10 years the authorization for the personnel management demonstration project providing for the compensation and performance management of not more than a combined total of 950 employees who fill critical scientific, technical, engineering, intelligence analyst, language translator, and medical positions in the Bureau of Alcohol, Tobacco and Firearms (ATF).
(Sec. 117) Prohibits the use of funds appropriated by this Act or any other source to merge the U.S. Mint and the Bureau of Engraving and Printing without the approval of specified congressional committees.
(Sec. 118) Deems any funds appropriated by this Act, or made available by the transfer of funds in this Act, for intelligence activities to be specifically authorized by Congress for purposes of the National Security Act of 1947 during FY2008, until the enactment of the Intelligence Authorization Act for FY2008.
(Sec. 119) Requires charging to the Check Forgery Insurance Fund of the amount of any relief granted to a Department's official or agent resulting from the Comptroller General's authority to relieve him or her from liability for the physical loss or deficiency of public money, vouchers, checks, securities, or records.
Title II: Executive Office of the President and Funds Appropriated to the President - Executive Office of the President Appropriations Act, 2008 - Makes appropriations for FY2008 for compensation of the President and designated White House agencies, including: (1) the Council of Economic Advisers; (2) the Office of Policy Development; (3) the National Security Council (NSC); (4) the Privacy and Civil Liberties Oversight Board; (5) the Office of Administration; (6) the Office of Management and Budget (OMB); (7) the Office of National Drug Control Policy; (8) the Counterdrug Technology Assessment Center; (9) various other specified federal drug control programs; (10) special assistance to the President; and (11) the official residence of the Vice President.
Sets forth certain transfers of funds.
(Sec. 202) Requires the President to submit to the congressional appropriations committees, before the initial obligation of funds appropriated for the Office of National Drug Control Policy, a financial plan on the proposed uses of all such funds on a project-by-project basis.
(Sec. 203) Allows the transfer between appropriated programs of up to 2% of any appropriations in this Act made available to the Office of National Drug Control Policy, upon the advance approval of the congressional appropriations committees.
(Sec. 204) Allows the reprogramming within a program, project, or activity of up to $1 million of appropriations available to the Office of National Drug Control Policy, upon the advance approval of the congressional appropriations committees.
Title III: The Judiciary - The Judiciary Appropriations Act, 2008 - Makes appropriations to the Judiciary for FY2008 for: (1) the U.S. Supreme Court; (2) the U.S. Court of Appeals for the Federal Circuit; (3) the U.S. Court of International Trade; (4) the courts of appeals, district courts, and other judicial services; (5) fees of jurors and commissioners; (6) court security; (7) the Administrative Office of the U.S. Courts; (8) the Federal Judicial Center; (9) judicial retirement funds; and (10) the U.S. Sentencing Commission.
Sets forth certain transfers of funds.
(Sec. 305) Authorizes federal justices and judges to receive a salary adjustment during FY2008.
(Sec. 306) Provides for the mandatory or discretionary delegation, in certain circumstances, of the duties and powers of the Administrator of General Services to an appropriate executive agency only (currently, an appropriate federal agency).
(Sec. 307) Requires the U.S. Marshals Service to provide, for a pilot program, specified security services (except investigations) for courthouses which federal law authorizes the Department of Homeland Security (DHS) to provide.
(Sec. 308) Requires the court for the Western District of Washington to be held at Vancouver (currently, only at Bellingham, Seattle, and Tacoma).
(Sec. 309) Amends the Judicial Improvement Act of 1990 to prohibit the filling of: (1) the first vacancy in the office of district judge in the district of Kansas occurring 17 (currently, 16) years or more after the confirmation date of the judge named to fill the temporary judgeship; and (2) the first vacancy in such office in the northern district of Ohio occurring 17 (currently, 15) years or more after such confirmation date. (In effect lengthens to 17 years the period of the respective temporary judgeship in such districts.)
Title IV: District of Columbia - District of Columbia Appropriations Act, 2008 - Makes appropriations to the District of Columbia for FY2008, including amounts for the federal payments: (1) for District of Columbia Resident Tuition Support; (2) for emergency planning and security costs in the District; (3) to District of Columbia Courts; (4) for Defender Services in District of Columbia Courts; (5) to the Court Services and Offender Supervision Agency for the District of Columbia; (6) to the District of Columbia Public Defender Service; (7) to the DC Water and Sewer Authority; (8) to the Criminal Justice Coordinating Council; (9) the Office of the Chief Financial Officer; (10) for school improvement; (11) for construction of a consolidated bioterrorism and forensics laboratory; (12) for the DC central library and branch locations; (13) for reimbursement to the Federal Bureau of Investigation (FBI); and (14) to the Executive Office of the Mayor of the District.
Requires certain funds appropriated for operating expenses to be subject to the provisions of, allocated, and expended as proposed under "Title III--District of Columbia Funds" of the Fiscal Year 2008 Proposed Budget and Financial Plan submitted to Congress by the District of Columbia on June 7, 2007.
Title V: Independent Agencies - Makes appropriations for FY2008 for independent agencies, including: (1) the Consumer Product Safety Commission (CPSC); (2) the Election Assistance Commission, election reform programs, and election data collection grants; (3) the Federal Communication Commission (FCC); (4) the Federal Deposit Insurance Corporation (FDIC), for its Office of Inspector General; (5) the Federal Election Commission (FEC); (6) the Federal Labor Relations Authority (FLRA); (7) the Federal Trade Commission (FTC); (8) the General Services Administration (GSA); (9) government-wide policy and operating expenses; (10) the GSA Office of Inspector General; (11) the Electronic Government Fund; (12) allowances and office staff for former presidents; (13) the Federal Citizen Information Center Fund; (14) the Merit Systems Protection Board; (15) Morris K. Udall Scholarship and Excellence in National Environmental Policy Foundation; (16) the Environmental Dispute Resolution Fund; (17) the National Archives and Records Administration; (18) the National Historic Publications and Records Commission Grants Program; (19) the National Credit Union Administration (NCUA); (20) the Credit Union Community Development Revolving Loan Fund; (21) the Office of Government Ethics; (22) the Office of Personnel Management (OPM), including the Office of Inspector General; (23) the government payment for annuitants, employee health benefits, employee life insurance, and the Civil Service Retirement and Disability Fund; (24) the Office of Special Counsel; (25) the Securities and Exchange Commission (SEC); (26) the Selective Service System; (27) the Small Business Administration (SBA), including the Office of Inspector General; (28) the U.S. Postal Service; and (29) the U.S. Tax Court.
Sets forth certain transfers of funds.
(Sec. 501) Requires the Election Assistance Commission by March 30, 2008, to establish an election data collection grant program to provide a grant of $2 million to five eligible states to improve the collection of data relating to the regularly scheduled November 2008 federal general election.
(Sec. 510) Amends the Universal Service Antideficiency Temporary Suspension Act to extend through December 31, 2008, the prohibition on applying certain requirements relating to limitations on expending, obligating, or apportioning appropriations to the collection or receipt of federal universal (telecommunications) service contributions or their expenditure or obligation for universal service support programs.
(Sec. 511) Prohibits the use of funds by the FCC to modify, amend, or change its rules or regulations for universal service support payments to implement the February 27, 2004, recommendations of the Federal-State Joint Board on Universal Service regarding single connection or primary line restrictions on universal service support payments.
(Sec. 526) Prohibits the use of funds by GSA to reorganize its organizational structure through an operating plan change without approval by the congressional appropriations committees.
(Sec. 527) Provides that, if specified congressional committees adopt a resolution granting lease authority pursuant to a specified GSA prospectus, then GSA shall ensure that the delineated area of procurement is identical to the delineated area included in the prospectus for all lease agreements. Requires GSA, if it determines that such area should not be identical to the one included in such prospectus, to provide an explanatory statement to each of such committees and the congressional appropriations committees before exercising such lease authority.
(Sec. 531) Requires all disaster loans issued in Alaska or North Dakota to be administered by SBA. Prohibits the sale of such loans during FY2008.
(Sec. 532) Requires funds made available under the Science, State, Justice, Commerce, and Related Agencies Appropriations Act, 2006 for: (1) Nevada's Commission on Economic Development to be made available to the Nevada Center for Entrepreneurship and Technology (CET); and (2) the Chattanooga Enterprise Center to be made available to the University of Tennessee at Chattanooga.
(Sec. 533) Amends the U.S. Troop Readiness, Veterans' Care, Katrina Recovery, and Iraq Accountability Appropriations Act, 2007 to modify the amount of specified unobligated funds available for SBA disaster loans to pre-existing businesses located in a major disaster area because of the Gulf of Mexico hurricanes in 2005. Changes the outright amount of $25 million to a maximum of $25 million.
(Sec. 534) Appropriates an additional amount to SBA through FY2009 for initiatives related to small business development and entrepreneurship, including programmatic and construction activities, subject to specified terms and conditions.
Title VI: General Provisions (This Act) - Sets forth permissions for and restrictions upon the use of funds under this Act.
(Sec. 607) Prohibits payment of the salary from any appropriation under this Act for any person filling a position (other than temporary) formerly held by an employee who has: (1) left to enter the U.S. Armed Forces; (2) satisfactorily completed his or her period of active military or naval service; (3) within 90 days after release from such service, or from hospitalization continuing after discharge for up to one year, applied for restoration to his former position; and (4) been certified by OPM as still qualified to perform the duties of his or her former position, but not been restored to it.
(Sec. 608) Prohibits the expenditure of funds under this Act by an entity unless it agrees that such expenditure will comply with the Buy American Act.
(Sec. 609) Prohibits the availability of funds under this Act to any person or entity that has been convicted of violating the Buy American Act.
(Sec. 612) Prohibits the availability of funds under this Act for use by the Executive Office of the President to request from the Federal Bureau of Investigation (FBI) any official background investigation report on any individual, except when: (1) such individual has given his or her express written consent for such request within six months before the date of such request and during the same presidential administration; or (2) such request is required due to extraordinary circumstances involving national security.
(Sec. 613) Makes certain cost accounting standards promulgated under the Office of Federal Procurement Policy Act inapplicable to a federal employees health benefits program contract.
(Sec. 614) Authorizes OPM to accept and utilize (without regard to any restriction on unanticipated travel expenses) funds made available to OPM pursuant to court approval for resolving litigation and implementing any settlement agreements regarding the nonforeign area cost-of-living allowance program.
(Sec. 615) Prohibits the availability of funds appropriated by this Act to pay for an abortion, or the administrative expenses in connection with any health plan under the federal employees health benefits program (FEHBP) which provides any benefits or coverage for abortions, unless the life of the mother would be endangered if the fetus were carried to term, or the pregnancy is the result of an act of rape or incest.
(Sec. 617) Prohibits the Board of Governors of the Federal Reserve System and the Secretary of the Treasury from determining, for purposes of the Bank Holding Company Act of 1956 or the Revised Statutes of the United States, that real estate brokerage activity or real estate management activity is a financial activity subject to their jurisdiction.
(Sec. 618) Makes the restriction on purchasing nondomestic articles, materials, and supplies set forth in the Buy American Act inapplicable to the acquisition by the federal government of commercial information technology.
(Sec. 619) Makes it the duty of the Secretary of the Treasury, upon request of the Board of Trustees of the Harry S. Truman Scholarship Foundation, to invest in full the amount appropriated and contributed to the Harry S. Truman Memorial Scholarship Fund.
(Sec. 620) Prohibits an officer or employee of any regulatory agency or commission funded by this Act from accepting, on behalf of that agency, or such agency or commission from accepting, payment or reimbursement from a non-federal entity for travel-related expenses to enable an officer or employee to attend and participate in any meeting or similar function relating to official duties, when the entity offering payment or reimbursement is subject to regulation by such agency or commission, or represents such person or entity, unless the person or entity is a non-profit tax-exempt organization.
(Sec. 621) Prohibits the FCC from using funds made available by this Act to implement the Fairness Doctrine, as repealed in General Fairness Doctrine Obligations of Broadcast Licensees or any other regulations having the same substance.
(Sec. 622) Requires quarter dollar coins issued during FY2009 to have designs on the reverse side which are emblematic of: (1) the District of Columbia; (2) the Commonwealth of Puerto Rico; (3) Guam; (4) American Samoa; (5) the U.S. Virgin Islands; and (6) the Commonwealth of the Northern Mariana Islands.
(Sec. 623) Modifies the edge-incused inscription on $1 coins minted and issued honoring each of the Presidents of the United States to remove "In God We Trust." Requires the design on the obverse or the reverse of the coins to bear such inscription.
(Sec. 624) Appropriates specified funds, to remain available until expended, for the Christopher Columbus Fellowship Foundation.
Title VII: General Provisions Government-Wide - Sets forth requirements for the use of appropriations by designated departments, agencies, and corporations.
(Sec. 716) Sets restrictions upon the use of appropriations by any federal department, agency, or instrumentality unless it has in place, and will continue to administer in good faith, a written policy designed to ensure that all workplaces are free from discrimination and sexual harassment and are not in violation of title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act of 1967, and the Rehabilitation Act of 1973.
(Sec. 730) Extends through FY2008 the authorization for the franchise fund pilot programs implemented in six executive agencies, with the exception of DHS.
(Sec. 731) Prohibits the use of funds by federal agencies to collect, review, create, or contract for any aggregation of data by any means of any personally identifiable information relating to an individual's access to or use of any federal government Internet site.
(Sec. 732) Prohibits the use of funds to enter into or renew a contract for a federal employee health plan which provides for prescription drug coverage, except where the contract also provides for contraceptive coverage. Exempts specified religious plans from such prohibition. Prohibits a federal employee health plan, however, from discriminating against an individual on the basis that the individual refuses to prescribe or otherwise provide for contraceptives because such activities would be contrary to his or her religious beliefs or moral convictions.
(Sec. 733) Recognizes the U.S. Anti-Doping Agency (USADA) as the official anti-doping agency for Olympic, Pan American, and Paralympic sport in the United States.
(Sec. 734) Allows the use of funds appropriated for official travel by federal departments and agencies, if consistent with OMB Circular A-126 regarding official travel for government personnel, to participate in the fractional aircraft ownership pilot program.
(Sec. 735) Bars the use of funds to implement or enforce restrictions or limitations on the Coast Guard Congressional Fellowship Program, or to implement the proposed OPM regulations relating to the detail of executive branch employees to the legislative branch.
(Sec. 736) Prohibits an executive branch agency from purchasing, constructing, and/or leasing any additional facilities, except within or contiguous to existing locations, to conduct federal law enforcement training without advance approval of congressional appropriations committees. Authorizes the Federal Law Enforcement Training Center to obtain the temporary use of additional facilities by lease, contract, or other agreement for training which cannot be accommodated in existing Center facilities.
(Sec. 737) Bars, for FY2008, the availability of funds for transfers or reimbursements to the E-Government initiatives sponsored by OMB before 15 days following an OMB report to the congressional appropriations committees and receipt of their approval of such transfer.
Requires future agency funding requests for a new or ongoing E-Government initiative to submit specified justification materials to the congressional appropriations committees for their approval.
(Sec. 738) Requires the head of each appropriate executive department and agency to transfer certain funds to or reimburse the FAAto ensure the uninterrupted, continuous operation by the FAA of the Midway Atoll Airfield for the entirety of FY2008 and any period thereafter that precedes the enactment of the Financial Services and General Government Appropriations Act, 2009.
Limits the total funds transferred or reimbursed to $6 million for any 12-month period.
(Sec. 739) Prohibits the use of funds for conversion to contractor performance of any activity or function of an executive agency performed by more than 10 federal employees, unless certain requirements are met for public-private competition, cost-effectiveness, and preservation of employer-sponsored health insurance plans meeting specified criteria.
Exempts from these requirements: (1) the Department of Defense (DOD); (2) the airport security screening opt-out program; (3) a commercial or industrial type function included on the procurement list established pursuant to the Javits-Wagner-O'Day Act (JWOA), or planned to be converted to performance by a qualified nonprofit agency for the blind or other severely handicapped individuals in accordance with JWOA; (4) DOD depot contracts or contracts for depot maintenance; or (5) activities that are the subject of an ongoing competition that was publicly announced before the enactment of this Act.
Redefines "interested party" to modify the eligibility of federal employees to protest procurement actions under OMB Circular A-76. Makes eligible to protest such action, with respect to a public-private competition, or a decision to convert a federal employee function to private sector performance without such competition: (1) any official who submitted the agency tender in such competition; and (2) one person designated as their agent by a majority of the federal agency employees engaged in the performance of such activity or function.
Directs the Comptroller General to administer matters in a manner best suited for expediting final resolution of such protests and final action in such competitions.
Grants an interested federal agency official or designated federal employee representative the right to intervene in a civil action commenced by a private sector interested party.
Prohibits the use of funds available in this Act by: (1) OMB to direct or require another agency to prepare, undertake, continue, or complete a public-private competition or direct conversion under OMB Circular A-76 or any other administrative regulation, directive, or policy; or (2) an agency to take such action as a result of OMB direction or requirement.
(Sec. 740) Requires a pay increase of 3.5% for federal employees, including civilian employees of DOD and DHS for FY2008.
(Sec. 741) Bars the use of funds by an executive branch agency, unless otherwise authorized by existing law, to produce any prepackaged news story intended for broadcast or distribution in the United States, unless the story includes a clear notification within its text or audio that it was prepared or funded by that agency.
(Sec. 742) Bars the use of funds in contravention of the Privacy Act or regulations concerning protection of privacy and freedom of information.
Amends the Consolidated Appropriations Act, 2005 to revise requirements for a federal agency's review of its own use of information in identifiable form as the privacy and data protection procedures. Repeals the requirement for biennial independent, third-party reviews of such use of information. Requires the Inspector General of each agency to: (1) periodically conduct a review of the agency's implementation of privacy and data protection procedures and policy requirements; and (2) report such results to specified congressional committees. Authorizes (but no longer requires) the Inspector General to contract with an independent, third party organization to conduct the review.
(Sec. 743) Requires each executive department and agency to evaluate the creditworthiness of an individual before issuing him or her a government travel charge card. Prohibits issuance of such a card, except in specified circumstances, to individuals that either lack a credit history or are found to have an unsatisfactory credit history.
Requires such evaluation to include an assessment of the individual's consumer report from a consumer reporting agency.
Amends the Consumer Fair Credit Reporting Act to conform with this section.
(Sec. 744) Requires OMB, in coordination with the governor of each Great Lakes state and the Great Lakes Interagency Task Force, to submit to the appropriate authorizing and appropriating congressional committees an interagency budget crosscut report displaying the budget proposed, including any planned interagency or intra-agency transfer, for each of the federal agencies that carries out Great Lakes restoration activities.
(Sec. 745) Prohibits the use of funds for any federal government contract with any foreign incorporated entity which is treated as an inverted domestic corporation under the Homeland Security Act of 2002, or any subsidiary of such an entity.
Requires any Secretary to waive such prohibition if so required in the interest of national security.
(Sec. 746) Requires each executive department and agency to establish on the homepage of its website an obvious, direct link to the website of its respective Inspector General.
Requires each Office of Inspector General to: (1) post on its website any public report or audit (or portion of it) issued within one day of its release; (2) provide a website service to allow an individual to request automatic receipt of related information and receive its electronic transmittal, or notice of its availability without further request; and (3) establish a direct website link for individuals to report waste, fraud, and abuse anonymously.
(Sec. 747) Prohibits the use of funds to carry out a public-private competition or direct conversion under OMB Circular A-76, or any successor regulation, directive or policy, relating to the Human Resources Lines of Business initiative until 60 days after OMB reports to the congressional appropriations committees on the use of such competitions and direct conversion to contractor performance as part of such initiative.
Requires OMB to provide a copy of such report to GAO at the same time it reports to such committees.
(Sec. 748) Requires OMB to establish a pilot program (in at least three Cabinet-level departments, based on varying levels of annual contracting for services) to develop and implement an inventory to track the cost and size (in contractor manpower equivalents) of service contracts, particularly with respect to contracts that: (1) have been performed poorly by a contractor because of excessive costs or inferior quality; (2) involve inherently governmental functions; or (3) were undertaken without competition.
Title VIII: General Provisions (District of Columbia) - Sets forth authorized or prohibited uses of funds appropriated by this Act identical or similar to corresponding provisions of the District of Columbia Appropriations Act, 2007.
(Sec. 804) Prohibits the use of federal funds provided in this Act 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.
Allows the District of Columbia to use local funds provided in this title to carry out lobbying activities on any matter.
(Sec. 805) Authorizes the District of Columbia government to approve and execute reprogramming and transfer requests of local funds under this title through December 1, 2008.
(Sec. 810) Bars the use of federal funds to: (1) implement or enforce the Health Care Benefits Expansion Act of 1992 (also known as the District Domestic Partner Act); or (2) otherwise implement or enforce any system of registration of unmarried, cohabitating couples, including but not limited to registration for the purpose of extending employment, health, or governmental benefits to such couples on the same basis that such benefits are extended to legally married couples.
(Sec. 811) Authorizes the Mayor of the District to 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, subject to reports by the Chief Financial Officer of the District (CFO) and review and approval by the DC Council.
(Sec. 813) Prohibits the use of federal funds contained in this Act 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.
Declares that nothing in this section bars the Counsel from reviewing or commenting on briefs in private lawsuits, or from consulting with officials of the District government regarding such lawsuits.
(Sec. 814) Prohibits the use of federal funds contained in this Act for any program of distributing sterile needles or syringes for the hypodermic injection of any illegal drug.
(Sec. 815) Prohibits the use of funds contained in this Act 60 days after its enactment to pay the salary of any chief financial officer of any District government office or independent agency who has not filed a certification with the Mayor and CFO that the officer understands applicable duties and restrictions, including reports required as a result of this Act or its amendments.
(Sec. 816) Provides that nothing in this Act may be construed to prevent the Council or the Mayor from addressing the issue of the provision of contraceptive coverage by health insurance plans. Expresses 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. 817) Requires the Mayor to report annually to specified congressional committees on the following District issues: (1) crime; (2) access to substance and alcohol abuse treatment; (3) management of parolees and pretrial violent offenders; (4) education; (5) improvement in basic District services, including rat control and abatement; (6) application for and management of federal grants; and (7) indicators of child well-being.
(Sec. 819) Prohibits the availability of funds to pay: (1) the fees in excess of $4,000 of an attorney who represents a party or defends an action, including an administrative proceeding, brought against the DC Public Schools under the Individuals with Disabilities Education Act (IDEA); or (2) the fees of an attorney or firm whom the CFO 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.
(Sec. 820) Allows an increase in the amount appropriated by this Act, subject to CFO certification and certain restrictions, by up to $100 million from funds identified in the comprehensive annual financial report as the District's FY2007 unexpended general fund surplus.
(Sec. 821) Authorizes an increase in appropriations pursuant to this Act, up to specified amounts, and subject to certain restrictions, to account for an unanticipated growth of revenue collections.
(Sec. 822) Authorizes the CFO to conduct short-term borrowing from the emergency and contingency reserve funds, under specified conditions.
(Sec. 823) Prohibits the use of funds contained in this Act 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 or any tetrahydrocannabinols (THC) derivative.
Provides that the Legalization of Marijuana for Medical Treatment Initiative of 1998, also known as Initiative 59, approved by the electors of the District on November 3, 1998, shall not take effect.
(Sec. 824) Prohibits the expenditure of funds appropriated under this Act for abortions except where the mother's life would be endangered if the fetus were carried to term, or in cases of rape or incest.
(Sec. 825) Amends the District of Columbia Court Reform and Criminal Procedure Act of 1970 to authorize appropriations directly to the Public Defenders Service (PDS) instead of, as currently, through the Court Services and Offender Supervision Agency for the District of Columbia or an appointed trustee for the PDS.
(Sec. 826) Allows the transfer of amounts appropriated in this Act as operating funds to the District's enterprise and capital funds. Requires such transferred amounts to retain appropriation authority consistent with this Act.
(Sec. 827) Declares that: (1) in FY2008 and thereafter, amounts deposited in the Student Enrollment Fund shall be available for expenditure upon deposit and shall remain available until expended, consistent with the terms detailed in the Student Funding Formula Assessment, Educational Data Warehouse, and Enrollment Fund Establishment Amendment Act of 2007 (title IV-D of D.C. Law L17-0020); and (2) the entire provisions of that Act are incorporated herein by reference.
Division E: Department of Homeland Security Appropriations Act, 2008 - Department of Homeland Security Appropriations Act, 2008 - Title I: Department of Homeland Security - Makes appropriations for the Department of Homeland Security (DHS) for the Offices of the Secretary, the Under Secretary for Management, the Chief Financial Officer, the Chief Information Officer, the Federal Coordinator for Gulf Coast Rebuilding, and the Inspector General.
Withholds specified funds until the Secretary of Homeland Security (Secretary): (1) certifies and reports to the House and Senate Appropriations Committees that DHS has revised its guidance with respect to relations with the Government Accountability Office (GAO) to specifically provide for expedited timeframes for providing GAO with access to records, interviews of program officials, and a significant streamlining of the review process for documents and interview requests; and (2) defines in a memorandum to all DHS employees the roles and responsibilities of the Inspector General.
Provides that not more than 75% of funds provided for the Office of the Secretary shall be obligated prior to the submission of the first quarterly report on progress to improve and modernize efforts to remove criminal aliens judged deportable from the United States.
Prohibits the use of specified funds to support or supplement the appropriations provided for the United States Visitor and Immigrant Status Indicator Technology project (US-VISIT) or the Automated Commercial Environment.
Requires the Chief Information Officer to submit to the House and Senate Appropriations Committees an expenditure plan for specified information technology acquisition projects, including those funded by multiple components of DHS through reimbursable agreements..
Title II: Security, Enforcement, and Investigations - Makes appropriations for: (1) U.S. Customs and Border Protection (CBP), including for automated systems, border security fencing, infrastructure, and technology, and air and marine interdiction, operations, maintenance, and procurement, and construction; (2) U.S. Immigration and Customs Enforcement (ICE), including for activities to promote awareness of the child pornography tipline, to reimburse other agencies for costs associated with the repatriation of smuggled illegal aliens, and to enforce laws against forced child labor and for the Federal Protective Service, automated systems, and construction; (3) the Transportation Security Administration (TSA), including for aviation and surface transportation security, transportation threat assessment and credentialing, transportation security support, and Federal Air Marshals; (4) the Coast Guard, including for environmental compliance and restoration, reserve training, acquisition, construction, and improvements, alteration of bridges, research, development, test, and evaluation, and retired pay; and (5) the U.S. Secret Service, including for acquisition, construction, improvements, and related expenses.
Designates funding to: (1) procure commercially available technology to expand and improve DHS's risk-based approach to target and inspect cargo containers under the Secure Freight Initiative and the Global Trade Exchange; (2) support software development, equipment, contract services, and the implementation of inbound lands and modification to vehicle primary processing lanes at ports of entry; and (3) promote information and education exchange with friendly nations to promote sharing of best practices and technologies relating to homeland security.
Restricts the obligation of specified funds until: (1) the Senate and House Appropriations Committees receive a report on preliminary results of testing of pilots at ports of entry; and (2) such committees receive and approve a plan for expenditure for a program to establish a security barrier along the U.S. borders of fencing and vehicle barriers and other forms of tactical infrastructure and technology.
Makes funds available to ICE for detention and removal operations and to improve and modernize efforts to identify aliens convicted of a crime and sentenced to imprisonment who may be deportable, and to deport those judged deportable.
Requires the Secretary and the Director of the Office of Management and Budget (OMB) to adjust security fees to ensure collections are sufficient for the Federal Protective Service to maintain, by July 31, 2008, not fewer than 1,200 full-time equivalent staff and 900 full-time equivalent Police Officers, Inspectors, Area Commanders, and Special Agents who are directly engaged in protecting and enforcing laws at federal buildings.
Restricts the use of funds to solicit or consider requests to privatize U.S. facilities used to detain illegal aliens until the House and Senate Appropriations Committees receive a plan for carrying out such privatization.
Authorizes funds collected and made available from aviation security fees to be expended for the purpose of improving screening at airport checkpoints, refurbishment and replacement of current equipment, installation of surveillance systems to monitor checkpoint activities, modification of checkpoint infrastructure to support reconfigurations, and creation of additional checkpoints to screen aviation passengers and airport personnel.
Requires the Assistant Secretary (TSA), upon determining that the Secure Flight program does not need to check airline passenger names against the full terrorist watch list, to certify to the Appropriations Committees that no significant security risks are raised by screening airline passenger names only against a subset of the full terrorist watch list.
Prohibits making funds available for procurements related to the acquisition of additional major assets as part of the Integrated Deepwater Systems program not already under contract until an Alternatives Analysis has been completed by an independent qualified third party. Directs the Secretary to submit to the House and Senate Appropriations Committees, in conjunction with the President's FY2009 budget, a review of the Revised Deepwater Implementation Plan that identifies any changes for the fiscal year, an annual performance comparison of Deepwater assets to pre-Deepwater legacy assets, a status report of legacy assets, a detailed explanation of how the costs of legacy assets are being accounted for within the Deepwater program, and the earned value management system gold card data for each Deepwater asset.
Directs the Secretary to submit to the Senate and House Appropriations Committees: (1) every five years beginning in FY2011, a comprehensive review of the Revised Deepwater Implementation Plan; and (2) annually, at the time the President's budget is submitted, a future-years capital investment plan for the Coast Guard.
Title III: Protection, Preparedness, Response, and Recovery - Makes appropriations for: (1) the immediate Office of the Under Secretary for National Protection and Programs, the National Protection Planning Office, support for operations, information technology, and facility costs; (2) infrastructure protection and information security programs and activities; (3) US-VISIT, with sums withheld until the Appropriations Committees receive and approve an expenditure plan prepared by the Secretary that includes specified elements; (4) the Office of Health Affairs; and (5) the Federal Emergency Management Agency (FEMA), including for grants to state and local governments for terrorism prevention activities, firefighter assistance grants, emergency management performance grants, the radiological emergency preparedness program, the U.S. Fire Administration, disaster relief and the disaster assistance direct loan program account, the Flood Map Modernization Fund, the National Flood Insurance Fund, the National Flood Mitigation Fund, the National Pre-Disaster Mitigation Fund, and emergency food and shelter.
Requires the Secretary's expenditure plan for US-VISIT to include: (1) a complete schedule for implementation of a biometric exit program or a certification that such program is not possible within five years; and (2) a detailed accounting of operation and maintenance, contractor services, and program costs associated with the management of identity services.
Designates funds for the Urban Search and Rescue Response System, including funds for the Office of National Capital Region Coordination. Requires: (1) the Governors of West Virginia and Pennsylvania to be incorporated into efforts to integrate the activities of federal, state, and local governments in the National Capital Region; (2) specified funds to be used to develop a web-based version of the National Fire Incident Reporting System that will ensure that fire-related data can be submitted and accessed by fire departments in real time; and (3) the FEMA Administrator to update training practices relating to addressing health concerns of recipients of assistance from FEMA.
Sets guidelines for the submission of grant applications to FEMA. Authorizes the Center for Domestic Preparedness to provide training to emergency response providers from the federal government, foreign governments, or private entities on a reimbursable basis.
Requires: (1) GAO to report to the Senate and House Appropriations Committees regarding the data, assumptions, and methodology that DHS uses to assess risk and allocate Urban Area Security Initiative and State Homeland Security Grants; (2) FEMA to submit a monthly Disaster Relief report to those committees; and (3) the Secretary to ensure that each agency is periodically reminded of DHS policies on the detailed information required in supporting documentation for reimbursements and on the necessity for timely agency billings.
Title IV: Research and Development, Training, and Services - Makes appropriations for: (1) U.S. Citizenship and Immigration Services (CIS), including funding to address backlogs of security checks associated with pending applications and petitions; (2) the Federal Law Enforcement Training Center, including for acquisition, construction, improvements, and related expenses; (3) Science and Technology, including for research, development, acquisition, and operations; and (4) the Domestic Nuclear Detection Office, including for research, development, testing, evaluation, and operations, and for systems acquisition.
Permits CIS to use funds for up to five vehicles for employee use in areas where the Administrator of General Services does not provide vehicles for lease.
Prohibits Domestic Nuclear Detection Office funds from being obligated for full-scale procurement of Advanced Spectroscopic Portal Monitors until the Secretary certifies that a significant increase in operational effectiveness will be achieved. Requires separate certifications prior to procurement for primary and secondary deployment that address the unique requirements for operational effectiveness of each type of deployment. Prohibits funds from being used for high-risk concurrent development and production of mutually dependent software and hardware.
Title V: General Provisions - (Sec. 501) Provides that no part of any appropriation contained in this Act shall remain available for obligation beyond the current fiscal year unless expressly provided.
(Sec. 503) Provides that none of the funds provided by this Act, by previous appropriations Acts to the agencies in or transferred to DHS that remain available for obligation or expenditure in FY2008, or from any accounts in the Treasury derived by the collection of fees available to the agencies funded by this Act, shall be available for obligation or expenditure through a reprogramming of funds that: (1) creates a new program; (2) eliminates a program, project, office, or activity; (3) increases funds for any program, project, or activity for which funds have been denied or restricted by Congress; (4) proposes to use funds directed for a specific activity by either of the Senate or House Appropriations Committees for a different purpose; or (5) enters into a contract for the performance of any function or activity for which funding levels were requested for federal full-time equivalent positions unless those committees are notified 15 days in advance of such reprogramming of funds.
Limits reprogramming of funds and transfers among appropriations. Prohibits any reprogramming or transfers after June 30, 2008, except in extraordinary circumstances which imminently threaten the safety of human life or the protection of property.
(Sec. 504) Prohibits funds made available to DHS from being used to make payments to the DHS Working Capital Fund, except for activities and amounts allowed in the President's FY2008 budget, with exceptions.
(Sec. 505) Prohibits, except as otherwise specifically provided by law, more than 50% of unobligated balances remaining available at the end of FY2008 from appropriations for salaries and expenses for FY2008 in this Act from remaining available through September 30, 2009, in the account and for the purposes for which the appropriations were provided.
(Sec. 506) Deems funds made available by this Act for intelligence activities to be specifically authorized by Congress for purposes of the National Security Act of 1947 during FY2008 until the enactment of an Act authorizing intelligence activities for FY2008.
(Sec. 507) Designates the Federal Law Enforcement Training Accreditation Board to lead the federal law enforcement training accreditation process.
(Sec. 508) Prohibits the use of funds in this Act to make grant allocations or discretionary grant or contract awards, to issue a letter of intent totaling in excess of $1 million, or to announce publicly the intention to make such awards unless the Secretary of DHS notifies the Appropriations Committees at least three full business days in advance. Requires the Administrator of FEMA to brief those Committees five business days in advance of announcing publicly the intention of making an award of State Homeland Security grants, Urban Area Security Initiative grants, or Regional Catastrophic Preparedness grants.
(Sec. 509) Prohibits any agency from purchasing, constructing, or leasing any additional facilities, except within or contiguous to existing locations, to be used to conduct federal law enforcement training without the advance approval of the Appropriations Committees, with an exception.
(Sec. 510) Requires the Director of the Federal Law Enforcement Training Center to schedule basic or advanced law enforcement training at all four training facilities under the Center's control to ensure that these centers are operated at the highest capacity throughout the fiscal year.
(Sec. 511) Prohibits: (1) the use of funds made available by this Act for expenses for construction, repair, alteration, or acquisition project for which a prospectus, if required, has not been approved, with an exception; and (2) the use of funds in this Act in contravention of the Buy American Act.
(Sec. 513) Prohibits: (1) the obligation of funds for deployment or implementation of the Secure Flight program or other follow on or successor passenger prescreening program, on other than a test basis, until the Secretary has certified and GAO has reported that specified requirements have been met; and (2) during the testing phase, information gathered from passengers, foreign or domestic air carriers, or reservation systems from being used to screen aviation passengers, or delay or deny boarding to such passengers, except where passenger names are matched to a government watch list.
(Sec. 514) Prohibits the use of funds made available in this Act to amend the oath of allegiance required by the Immigration and Nationality Act.
(Sec. 515) Prohibits the use of funds appropriated by this Act to process or approve a competition under OMB Circular A-76 for services provided as of June 1, 2004, by employees of CIS who are known as Immigration Information Officers, Contact Representatives, or Investigative Assistants.
(Sec. 516) Prohibits the availability of funds appropriated to the Secret Service for the protection of the head of a federal agency other than the Secretary unless the Director is fully reimbursed.
(Sec. 517) Amends the Department of Homeland Security Appropriations Act, 2007 to authorize the Director, starting in FY2008, to enter into an agreement to perform protection of a federal official other than a person designated for protection under the federal criminal code, on a fully reimbursable basis.
(Sec. 518) Requires: (1) the Secretary to research, develop, and procure new technologies to inspect and screen air cargo carried on passenger aircraft at the earliest date possible; (2) existing checked baggage explosive detection equipment and screeners to be used to screen air cargo carried on such aircraft to be used to the greatest extent practicable at each airport until the new technologies are available; and (3) the Assistant Secretary (TSA) to work with air carriers and airports to ensure that the screening of cargo carried on passenger aircraft increases incrementally each quarter and to report to the Appropriations Committees on air cargo inspection statistics by airport and air carrier.
(Sec. 519) Prohibits funds in this Act from being used: (1) by any person other than the privacy officer appointed under the Homeland Security Act of 2002 (HSA) to alter, require changes to, delay, or prohibit the transmission of a privacy officer report to Congress; and (2) to pay the salary of any employee serving as a contracting officer's technical representative (COTR) or acting in a similar capacity who has not received COTR training.
(Sec. 521) Makes any funds appropriated or transferred to TSA "Aviation Security," "Administration," and "Transportation Security Support" for FY2004-FY2007, which are recovered or deobligated, available only for procurement and installation of explosive detection systems for air cargo, baggage, and checkpoint screening systems, subject to notification. Requires quarterly reports to be submitted to the Appropriations Committees on any funds that are recovered or deobligated.
(Sec. 522) Makes provisions regarding protecting sensitive security information from disclosure in civil proceedings applicable to FY2008.
(Sec. 523) Makes funds appropriated to the Coast Guard for acquisition, construction, and improvements in FY2002-FY2006 for the 110-123 foot patrol boat conversion that are received as the result of negotiation, mediation, or litigation available until expended for the Replacement Patrol Boat program.
(Sec. 524) Continues operations of the DHS Working Capital Fund during FY2008.
(Sec. 525) States that none of the funds provided in this Act shall be available to commence operations of the National Applications Office or the National Immigration Information Sharing Operation until: (1) the Secretary certifies that these programs comply with all existing laws; and (2) such certification is reviewed by GAO.
(Sec. 526) Requires the Chief Financial Officer of DHS to submit to the Appropriations Committees a monthly budget and staffing report that includes total obligations and on-board versus funded full-time equivalent staffing levels and the number of contract employees by office.
(Sec. 527) Modifies a provision regarding undercover investigative operations authority of the Secret Service to make it applicable to FY2008.
(Sec. 528) Prohibits the use of funds made available by this Act in contravention of specified federal buildings performance and reporting requirements.
(Sec. 529) Requires the Federal Law Enforcement Training Center instructor staff to be classified as inherently governmental for purposes of the Federal Activities Inventory Reform Act of 1998.
(Sec. 530) Prohibits the use of funds made available by this Act: (1) in contravention of provisions of the Energy Policy Act of 1992 regarding minimum fleet requirements for alternative fueled vehicles; and (2) to take an action that would violate an executive order relating to greening the government through federal fleet and transportation efficiency.
(Sec. 532) Makes certain contracting provisions of the U.S. Troop Readiness, Veterans' Care, Katrina Recovery, and Iraq Accountability Appropriations Act, 2007 applicable to FY2008.
(Sec. 534) Amends the Department of Homeland Security Appropriations Act, 2007 to allow a state or political subdivision to adopt or enforce a regulation, requirement, or standard of performance regarding chemical facility security that is more stringent than the federal standard, unless there is an actual conflict.
(Sec. 535) Applies Civil Service Retirement System and Federal Employees' Retirement System provisions to customs and border protection officers.
(Sec. 536) Prohibits using appropriated funds to enforce prohibitions on carrying a butane lighter aboard a passenger aircraft unless the Assistant Secretary (TSA) reverses the determination of July 19, 2007, that such lighters are not a significant threat to civil aviation security.
(Sec. 537) Prohibits using funds provided in this Act to alter or reduce operations within the Coast Guard's Civil Engineering Program nationwide, except as specifically authorized by statute.
(Sec. 539) Prohibits the obligation of Office of the Secretary and Executive Management, Office of the Under Secretary for Management, or Office of the Chief Financial Officer appropriations for a grant or contract awarded by a means other than full and open competition, with exceptions. Permits a waiver for the award of a contract during a national emergency. Requires the DHS Inspector General to review departmental contracts awarded through other than full and open competition to assess compliance with applicable laws and regulations.
(Sec. 540) Subjects to judicial review the estimates and additional collections made before October 1, 2007, pursuant to the Department of Homeland Security Appropriations Act, 2005 for the difference between aviation security costs and the amount collected from the security fee imposed on passengers.
(Sec. 542) Establishes a $10,000 civil penalty for failure to collect an airport security badge from, and notify (within 24 hours) the airport operator about, a terminated employee.
(Sec. 543) Prohibits the use of funds: (1) by CIS to grant an immigration benefit unless the results of required background checks have been received; and (2) to destroy any horse or other equine belonging to the federal government that has become unfit for service, unless the trainer or handler is first given the option to take possession through an adoption program that has safeguards against slaughter and inhumane treatment.
(Sec. 545) Amends the Intelligence Reform and Terrorism Prevention Act of 2004 to change the date for implementation of the Western Hemisphere Travel Initiative to no earlier than the date that is the later of three months after the Secretary of State and the Secretary make required certifications or June 1, 2009.
(Sec. 546) Prohibits the use of funds provided in this Act to carry out a reorganization within DHS.
(Sec. 547) Prohibits funds provided in this Act for the Office of the Chief Information Officer from being used for data center development other than for the National Center for Critical Information Processing and Storage until the Chief Information Officer certifies that the Center is fully utilized as DHS's primary data storage center at the highest capacity throughout the fiscal year.
(Sec. 548) Prohibits the use of funds in this Act to reduce the Coast Guard's Operations Systems Center mission or its government-employed or contract staff levels.
(Sec. 550) Allows specified sums currently available to TSA to be transferred to Transportation Threat Assessment and Credentialing for the Secure Flight program. Prohibits TSA from utilizing any prior year balances from the screener partnership program, explosives detection system purchase, explosives detection system installation, checkpoint support, aviation regulation and other enforcement, air cargo, and air cargo research and development.
(Sec. 551) Rescinds unobligated balances made available for specified agencies.
(Sec. 552) Directs the Secretary, under the FEMA Public Assistance Program, to provide a single payment for any eligible costs for local educational agencies impacted by Hurricanes Katrina or Rita within 30 days of a request. Requires the payment for schools in Louisiana to be submitted to to the Louisiana Department of Education. Bars FEMA from reducing assistance under the Robert T. Stafford Disaster Relief and Emergency Assistance Act for local educational agencies impacted by Hurricanes Katrina or Rita. Makes a provision of the Stafford Act regarding hazard mitigation funds inapplicable to more than one facility on a school site impacted by Hurricanes Katrina or Rita.
(Sec. 554) Modifies sexual abuse prohibitions under the federal criminal code to substitute references to the Attorney General with references to the head of any federal agency.
(Sec. 555) Directs: (1) the Secretary to maintain on the home page of the DHS website a direct link to the website of the Office of Inspector General; and (2) the Inspector General Office's website to include a direct link for individuals to anonymously report waste, fraud, or abuse.
(Sec. 556) Directs the Secretary to require that all DHS contracts link fees awarded to successful acquisition outcomes.
(Sec. 557) Prohibits the expenditure of Office of the Secretary and Executive Management funds for any new hires by DHS that are not verified through the basic pilot program of employment eligibility required under the Illegal Immigration Reform and Immigrant Responsibility act of 1996.
(Sec. 558) Prohibits the use of CBP or DHS funds to prevent an individual from importing a prescription drug from Canada if: (1) such individual is not in the business of importing a prescription drug; and (2) such drug complies with specified provisions of the Federal Food, Drug, and Cosmetic Act and is not a controlled substance or a biological product. Makes this section applicable only to individuals transporting on their person a personal-use quantity of the drug not exceeding a 90-day supply.
(Sec. 559) Prohibits the use of funds to issue any rule or regulation which implements the Notice of Proposed Rulemaking related to Petitions for Aliens to Perform Temporary Nonagricultural Services or Labor.
(Sec. 561) Directs the Secretary to provide, under the FEMA Public Assistance Program: (1) the relocation costs as estimated by FEMA on May 5, 2006, for the Peebles School in Iberia Parish, Louisiana, which was damaged by Hurricane Rita in 2005; and (2) the currently uncompensated debris removal costs from Super Typhoon Paka and the firefighting costs associated with the Malojloj hardfill fire in 1998.
(Sec. 563) Amends HSA to direct the Secretary to: (1) regulate the sale and transfer of ammonium nitrate to prevent its misappropriation or use in a terrorist act; (2) establish a threshold percentage for a substance to be treated as ammonium nitrate; (3) establish a process by which ammonium nitrate facility owners and ammonium nitrate purchasers are required to register with DHS and are issued a registration number; and (4) require facility owners to maintain a record of each sale or transfer of ownership of ammonium nitrate for two years. Sets forth provisions regarding: (1) exempting persons producing, selling, or purchasing ammonium nitrate exclusively for use as an explosive material under a federal explosives license; (2) ensuring that access of agricultural producers to ammonium nitrate is not unduly burdened; (3) restricting the disclosure of information obtained under this section; (4) inspecting and auditing facility owner records to prevent the misappropriation of ammonium nitrate; and (5) timely reporting of the theft or unexplained loss of ammonium nitrate.
Prohibits: (1) buying and taking possession of ammonium nitrate, or owning or operating an ammonium nitrate facility, without a registration number; or (2) failing to comply with any requirement of this section. Prescribes a civil penalty. Sets forth provisions regarding protections from civil liability and preemption. Sets deadlines for regulations. Authorizes appropriations.
(Sec. 564) Amends the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 to require the Secretary to construct reinforced fencing along not less than 700 miles of the southwest border and provide for the installation of additional physical barriers, roads, lighting, cameras, and sensors to gain operational control of such border.
(Sec. 565) Modifies provisions of the Intelligence Reform and Terrorism Prevention Act of 2004 to direct the Secretary to establish an international registered traveler program that incorporates available technologies, such as biometrics, e-passports, and security threat assessments, to expedite the screening and processing of international travelers in the United States. Permits the Secretary to impose a fee for the program. Directs the Secretary to establish a phased-implementation of a biometric-based international registered traveler program in conjunction with US-VISIT, other prescreening initiatives, and the Visa Waiver Program at U.S. airports with the highest volume of international travelers.
(Sec. 566) Directs the Comptroller General to study DHS's use of shared border management to secure U.S. borders.
(Sec. 567) Prohibits the use of funds for planning, testing, piloting, or developing a national identification card.
(Sec. 568) Repeals a provision requiring the Federal Aviation Administration (FAA) acquisition management system to apply to TSA acquisitions and authorizing system modifications by the Under Secretary of Transportation for Security.
(Sec. 569) Requires the FEMA Administrator, 30 days after the date the President makes a determination about declaring a major disaster and any appeal is completed, to submit to specified congressional committees and publish on the FEMA website a report summarizing damage assessment information used.
(Sec. 570) Provides that if the Secretary establishes a National Transportation Security Center of Excellence, the Mineta Transportation Institute at San Jose State University may be included as a member institution.
(Sec. 571) Requires TSA to permit approved members of Registered Traveler programs to satisfy the required identity verification procedures at security screening checkpoints by presenting a biometrically-secure Registered Traveler card in lieu of the government-issued photo identification document required of non-participants.
(Sec. 572) Amends HSA to make the Secretary's grant of authority to carry out a pilot program regarding research and development projects effective until September 30, 2008.
(Sec. 573) Rescinds specified disaster relief funds to Mississippi for Hurricane Katrina. Appropriates additional funds for a grant to that state for an interoperable communications system.
Title VI: Border Infrastructure and Technology Modernization - (Sec. 601) Border Infrastructure and Technology Modernization Act of 2007 [sic] - Directs the Commissioner of CBP, every other year, to: (1) review the Port of Entry Infrastructure Assessment Study and the nationwide strategy to prioritize and address infrastructure needs at land ports of entry prepared by DHS and the General Services Administration (GSA), update the assessment of the infrastructure needs of all U.S. land ports of entry, and submit an updated assessment to Congress; and (2) implement the infrastructure and technology improvement projects in the order of priority assigned or forward the prioritized list to the GSA Administrator for implementation.
(Sec. 604) Directs the Secretary, acting through the Commissioner, to submit to specified congressional committees annually a National Land Border Security Plan that includes a vulnerability assessment of each port of entry on the U.S. northern and southern borders. Authorizes the Secretary to establish one or more port security coordinators at such ports. Directs the Secretary to carry out a technology demonstration program to test and evaluate new port of entry technologies that enhance inspections and the detection of weapons of mass destruction.
(Sec. 606) Authorizes appropriations for border security.
Division F: Department of the Interior, Environment, and Related Agencies Appropriations Act, 2008 - Makes appropriations for the Department of the Interior, the Environmental Protection Agency (EPA), and related agencies for FY2008.
Title I: Department of the Interior - Makes appropriations for FY2008 to the Bureau of Land Management (BLM) for: (1) land and resource management; (2) construction; (3) land acquisition; (3) Oregon and California grant lands; (4) range improvements; (5) service charges, deposits, and forfeitures with respect to public lands; (6) miscellaneous trust funds; and (7) wildland fire management (including transfer of funds).
Appropriates funds for FY2008 to the U.S. Fish and Wildlife Service (FWS) for: (1) resource management; (2) construction; (3) land acquisition; (4) expenses related to carrying out the Endangered Species Act of 1973; (5) the National Wildlife Refuge Fund; (6) expenses related to carrying out the North American Wetlands Conservation Act; (7) financial assistance for projects to promote the conservation of neotropical migratory birds; (8) expenses related to carrying out, through the Multinational Species Conservation Fund, the African Elephant Conservation Act, the Asian Elephant Conservation Act of 1997, the Rhinoceros and Tiger Conservation Act of 1994, the Great Ape Conservation Act of 2000, and the Marine Turtle Conservation Act of 2004; and (9) wildlife conservation grants to states, the District of Columbia, U.S. territories, and Indian tribes.
Makes appropriations for FY2008 to the National Park Service (NPS) for: (1) the National Park System (including expenses for carrying out programs of the U.S. Park Police); (2) expenses related to cost share agreements for Centennial Challenge signature projects and programs; (3) expenses for national recreation and preservation programs; (4) expenses related to carrying out the Historic Preservation Act of 1966 and the Omnibus Parks and Public Lands Management Act of 1996 (including transfers of funds); (5) construction; (6) land acquisition and state assistance from the Land and Water Conservation Fund.
Rescinds specified contract authority to obligate funds from the Land and Water Conservation Fund for FY2008.
Makes appropriations for FY2008 to: (1) the U.S. Geological Survey for surveys, investigations, and research; (2) the Minerals Management Service for royalty and offshore minerals management and oil spill research; (3) the Office of Surface Mining Reclamation and Enforcement for regulation and technology and the Abandoned Mine Reclamation Fund; (4) the Bureau of Indian Affairs (BIA) for operation of Indian programs, (including transfer of funds), construction (including transfer of funds), Indian land and water claim settlements and miscellaneous payments to Indians, and Indian guaranteed loans; (5) the Office of the Secretary for departmental offices; (6) provide assistance to U.S. territories and to carry out the Compacts of Free Association with respect to the Marshall Islands, Palau, and Micronesia; (7) the Office of the Solicitor; (8) the Office of Inspector General; (9) provide for the operation of trust programs for Indians; (10) provide for a program for consolidation of fractional interests in Indian lands by direct expenditure or cooperative agreement; (11) make payments in lieu of taxes to units of local government containing certain federally owned lands; (12) the Central Hazardous Materials Fund for expenses of the Department of the Interior and its component offices and bureaus for the remedial action of hazardous waste substances, pollutants, or contaminants pursuant to the Comprehensive Environmental Response, Compensation, and Liability Act; and (13) the Department of the Interior natural resource damage assessment and restoration.
Sets forth authorized and prohibited uses of specified funds.
(Sec. 112) Prohibits the use of any funds appropriated for the Department of the Interior to study or implement any plan to drain Lake Powell or reduce the water level of the lake below the range of water levels required for the operation of the Glen Canyon Dam.
(Sec. 114) Makes funds appropriated for FY2008 under this Act available to the tribes within the California Tribal Trust Reform Consortium, the Salt River Pima-Maricopa Indian Community, the Confederated Salish and Kootenai Tribes of the Flathead Reservation, and the Chippewa Cree Tribe of the Rocky Boys Reservation through the same methodology as funds were distributed in FY2003. Prohibits the Department from imposing its trust management infrastructure upon or altering existing trust resource management systems of such tribes which have a self-governance compact and operate in accordance with the Tribal Self-Governance Program.
(Sec. 115) Authorizes the Secretary of the Interior to acquire lands, waters, or interests therein for the purpose of operating and maintaining facilities in the support of transportation and accommodation of visitors to Ellis, Governors, and Liberty Islands.
(Sec. 116) Provides for: (1) the renewal of nonrenewable grazing permits authorized by the Jarbidge Field Office of the BLM within the past eleven years; and (2) the Animal Unit Months authorized in any nonrenewable grazing permit from March 1, 1997, to the present to continue in effect under the renewed permit. Prohibits anything in this section from being deemed to extend the renewed permit beyond the standard one-year term.
(Sec. 118) Directs the Secretary of the Interior to sell property within Protection Island National Wildlife Refuge and Dungeness National Wildlife Refuge to the Washington State Department of Transportation.
(Sec. 119) Prohibits any funds to the Department of the Interior from being used, in relation to any proposal to store water for the purpose of export, for approval of any right-of-way or similar authorization on the Mojave National Preserve or lands managed by the Needles Field Office of the BLM, or for carrying out any activities associated with such right-of-way or similar approval.
(Sec. 120) Amends the Red Rock Canyon National Conservation Area Establishment Act to: (1) provide for the Secretary of the Interior to acquire lands, interests in lands, and associated water rights, within Red Rock Canyon National Conservation Area by purchase (under current law, with by purchase with donated or appropriated funds); and (2) eliminate the requirement permitting acquisition by donation or exchange only of lands or interests within the Conservation Area owned by the state of Nevada or a political subdivision of Nevada.
(Sec. 121) Authorizes the Minerals Management Service to accept, from public and private sources, in FY2008 only, contributions of money and services to conduct work in support of the orderly exploration and development of Outer Continental Shelf resources.
(Sec. 122) Repeal requirements with regard to instructing the Secretary to immediately cease an approved plan approved to exterminate the deer and elk on Santa Rosa Island, Channel Islands, California, and to not exterminate or nearly exterminate the deer and elk.
(Sec. 124) Amends the Compact of Free Association Amendments Act of 2003 to: (1) provide for the government, institutions, and people of Palau (under current law, the Republic of Palau) to remain eligible for appropriations and to receive grants under the provisions of law specified in such Act with respect to continuing education programs and supplemental education grants until the end of FY2009, to the extent the government, institutions, and people were so eligible under such provisions in FY2003.
(Sec. 125) Authorizes the Secretary of the Interior to enter into cooperative agreements if the agreements will: (1) serve a mutual interest of the parties to the agreement in carrying out the programs administered by the Department of the Interior; and (2) all parties will contribute resources to the accomplishment of these objectives. Bars such agreements, at the Secretary's discretion, from being subject to a competitive process.
(Sec. 126) Transfers the federal properties commonly referred to as the Barnes Ranch and Agency Lake Ranch (the properties) in Klamath county, Oregon, managed by the Bureau of Reclamation, to the Upper Klamath National Wildlife Refuge in accordance with a specified Memorandum of Understanding dated March 2, 2007, as expeditiously as possible and no later than December 2008. Requires such federal properties and all federal refuge lands within the adjusted boundary area for the Refuge to be made part of the Refuge and to be managed by the Service.
Provides that, each year after the properties become part of the Refuge, those increments of water passively stored on the properties shall be applied and credited toward the requirements of any consultation or reconsultation over Klamath Project operations pursuant to section 7 of the Endangered Species Act of 1973.
(Sec. 127) Amends the Corinth Battlefield Preservation Act of 2000 to: (1) modify the composition of Corinth Unit of Shiloh National Military Park; and (2) repeal provisions for authorization of a special resource study to determine whether additional properties in and around Corinth, Mississippi, and nearby areas in Tennessee are appropriate for inclusion in the Unit.
(Sec. 128) Amends Public Law 107-226 (Flight 93 National Memorial Act) to: (1) remove the requirement that the land or interests in land for the memorial site be acquired from willing sellers; and (2) authorize the acquisition of the land or interests by condemnation with donated or appropriated funds.
(Sec. 129) Instructs the Secretary of the Interior, in implementing provisions of the Alaska National Interest Lands Conservation Act relating to permitting the continuation of revenue-producing visitor services to deem Denali National Park Wilderness Centers, Ltd., to be a person who, on or before January 1, 1979, was engaged in adequately providing the scope and level of visitor services within what is currently Denali National Park and Preserve.
(Sec. 130) Amends the Colorado Ute Indian Water Rights Settlement Act of 1988 to require that: (1) the separate resource acquisition and enhancement plans provide that not less than one-third of the funds appropriated for the enhancement, restoration, and utilization of the Ute Mountain Ute Indian Tribes' and the Southern Ute Indian Tribe's natural resources in partnership with adjacent non-Indian communities or entities in the area through each Tribe's Tribal Resource Fund be expended for municipal or rural water development; (2) annual expenditures under that provision be reported annually to the Secretary of the Interior; and (3) any funds appropriated by such Act and placed in the Southern Ute and Mountain Ute Tribal Resource Funds which have not been disbursed five years after the date of the final settlement of the Tribes' claims to water rights on the Animas and La Plata Rivers in Colorado, be deposited in the general fund of the Treasury.
(Sec. 131) Allows funds provided in this Act for federal land acquisition by the NPS for the Shenandoah Valley Battlefields National Historic District and the Ice Age National Scenic Trail to be used for a grant to a state, local government, or any other land management entity for the acquisition of lands, without regard to any restriction on the use of federal land acquisition funds provided through the Land and Water Conservation Fund Act of 1965 as amended.
(Sec. 132) Makes, from within amounts provided to the National Park Service Land Acquisition account by this Act, a specified amount available to the state of Mississippi pursuant to a grant agreement with the NPS in order that the state may acquire land or interests in land on Cat Island, which is within the Gulf Islands National Seashore. Prohibits funds provided to the state through such grant agreement from being contingent upon matching funds provided by the state. Provides for any lands or interests acquired with funds under this section to be owned by the federal government and administered as part of the National Seashore.
(Sec. 133) Authorizes the Secretary of the Interior to acquire specified land adjacent to the Mesa Verde National Park in Colorado or an interest in such land for addition to the Park. Permits such an acquisition of land to be made by donation, purchase from a willing seller with donated or appropriated funds, or exchange. Revises the boundary of the Park to reflect the acquisition of such land. Requires the Secretary to administer any land or interest in land acquired under this section as part of the Park.
(Sec. 135) Authorizes funds provided under P.L. 109-54 (Department of the Interior, Environment, and Related Agencies Appropriations Act, 2006) to be granted to the Alice Ferguson Foundation for site planning and design and rehabilitation of the Potomac River Habitat Study Complex and the Wareham Lodge.
Title II: Environmental Protection Agency - Makes appropriations for FY2008 to the Environmental Protection Agency (EPA) for: (1) science and technology; (2) environmental programs and management; (3) the Office of Inspector General; (4) buildings and facilities; (5) the Hazardous Substance Superfund (including transfers of funds); (6) the Leaking Underground Storage Tank Trust Fund Program; (7) expenses to carry out EPA 's responsibilities under the Oil Pollution Act of 1990 concerning oil spill response; and (8) state and tribal assistance grants for environmental programs and infrastructure assistance.
Rescinds a specified amount from unobligated balances for carrying out projects and activities authorized under the Federal Water Pollution Control Act with regard to the reimbursement of certain publicly owned treatment works on which construction was initiated after June 30, 1966, but before July 1, 1973.
Requires that, from funds provided in the Environmental Programs and Management account, a specified amount shall be provided to develop a final rule, not later than 18 months after enactment, that requires mandatory reporting of greenhouse gas emissions above appropriate thresholds in all sectors of the U.S. economy.
Title III: Related Agencies - Makes appropriations for FY2008 to the Department of Agriculture for the Forest Service for: (1) forest and rangeland research; (2) state and private forestry; (3) the National Forest System; (4) capital improvement and maintenance (including transfers of funds); (5) land acquisitions, including specified National Forest areas in Utah, Nevada, and California; (6) range rehabilitation, protection, and improvement; (7) gifts, donations, and bequests for forest and rangeland research; (8) federal land management in Alaska; and (9) wildland fire management (including transfers of funds).
Makes appropriations for FY2008 to the Department of Health and Human Services (HHS) for: (1) the Indian Health Service (IHS); and (2) the National Institutes of Health (NIH) for the National Institute of Environmental Health Sciences and the Agency for Toxic Substances and Disease Registry.
Makes appropriations for FY2008 in specified amounts for various purposes to the: (1) Executive Office of the President; (2) Chemical Safety and Hazard Investigation Board; (3) Office of Navajo and Hopi Indian Relocation; (4) Institute of American Indian and Alaska Native Culture and Arts Development; (5) Smithsonian Institution, including the Legacy Fund for major restoration, renovation, and rehabilitation of existing Smithsonian facilities; (6) National Gallery of Art; (7) John F. Kennedy Center for the Performing Arts; (8) Woodrow Wilson International Center for Scholars; (9) National Foundation on the Arts and the Humanities, including the National Endowment for the Arts (NEA) and the National Endowment for the Humanities; (10) Commission of Fine Arts, including expenses for National Capital Arts and Cultural Affairs; (11) Advisory Council on Historic Preservation; (12) National Capital Planning Commission; (13) U.S. Holocaust Memorial Museum; (14) Presidio Trust Fund; (15) White House Commission on the National Moment of Remembrance (including transfer of funds); and (16) the Dwight D. Eisenhower Memorial Commission.
Title IV: General Provisions - Sets forth limitation on the use of funds under this Act.
(Sec. 405) Requires: (1) estimated overhead charges, deductions, reserves or holdbacks from programs, projects, activities and subactivities to support governmentwide, departmental, agency or bureau administrative functions or headquarters, regional or central operations to be presented in annual budget justifications and subject to approval by the House and Senate Committees on Appropriations; and (2) changes to such estimates to be presented to such Committees for approval.
(Sec. 411) Sets forth requirements for the sale of timber in Region 10 of the Forest Service, including western red cedar timber.
(Sec. 413) Permits the Secretaries of Agriculture and of the Interior to make reciprocal agreements in which the individuals furnished by an agreement to provide fire management services are considered, for tort liability, employees of the foreign country receiving the services when the individuals are fighting fires. Prohibits the Secretaries from making any agreement in which a foreign country does not assume any and all responsibility for acts or omissions of American firefighters who are firefighting in such foreign country.
(Sec. 414) Allows the Secretaries, in awarding a federal contract for any of specified purposes with funds made available by this Act, notwithstanding federal government procurement and contracting laws, to give consideration to local contractors who are from economically disadvantaged rural communities and who provide employment and training for dislocated and displaced workers. Allows the Secretaries, notwithstanding such laws, to award contracts, grants, or cooperative agreements in certain areas to various entities, including local non-profits and the Youth Conservation Corps. Includes in such areas habitat restoration or management and forest hazardous fuels reduction.
(Sec. 415) Limits the amounts of funds made available by this Act or any other Act to the Department of the Interior to initiate or continue competitive sourcing studies in FY2008 for programs, projects, and activities for which funds are appropriated by this Act.
Prohibits any of the funds made available by this or any other Act from being used in FY2008 for competitive sourcing studies and any related activities involving Forest Service personnel.
Exempts the Forest Service from implementing the Letter of Obligation and post-competitive accountability guidelines where a competitive sourcing study involved 65 or fewer full-time equivalents, the performance decision was made in favor of the agency provider, no net savings was achieved by conducting the study, and such study was completed prior to the date of this Act.
Directs agencies funded in this Act, in preparing any reports to the Committees on Appropriations on competitive sourcing activities, to include all costs attributable to conducting the competitive sourcing competitions and staff work to prepare for competitions or to determine the feasibility of starting competitions.
Instructs the Secretary of of the Interior, in carrying out any competitive sourcing study involving Department of the Interior employees, to: (1) determine whether any of the employees concerned are also qualified to participate in wildland fire management activities; and (2) take into consideration the effect that contracting with a private sector source would have on the ability of the Department of the Interior to effectively and efficiently fight and manage wildfires.
(Sec. 416) Extends the authority for: (1) the pilot program for enhancing Forest Service administration of rights-of-way and other land uses; and (2) the deposit of all fees collected to recover the costs of processing applications for, and monitoring compliance with, authorizations to use and occupy National Forest System lands pursuant to certain Acts.
(Sec. 417) Amends the Consolidated Appropriations Act, 2003 to extend the authority for cooperative agreements between the Secretary of Agriculture and public or private agencies, organizations, institutions, and persons covering Forest Service programs to facilitate the administration of Forest Service programs and activities when the principal purpose of the resulting relationship is to the mutually significant benefit of the Forest Service and the other party or parties to the agreement, including nonprofit entities.
(Sec. 418) Bars the IHS, until October 1, 2009, from disbursing funds for the provision of health care services pursuant to the Indian Self-Determination and Education Assistance Act to any Alaska Native village or Alaska Native village corporation that is located within the area served by an Alaska Native regional health entity. Treats Eastern Aleutian Tribes Inc., as such an entity to whom funds may be disbursed.
(Sec. 419) Prohibits, unless otherwise provided herein, any funds appropriated in this Act for the acquisition of lands or interests in lands from being expended for the filing of declarations of takings or complaints in condemnation without the approval of the Committees on Appropriations. Makes such provision non-applicable to funds appropriated: (1) to implement the Everglades National Park Protection and Expansion Act of 1989; or (2) for federal assistance to the state of Florida to acquire lands for Everglades restoration purposes.
(Sec. 420) Extends the authority of the Secretary of Agriculture, until September 30, 2008, to permit the State Forester of Utah to perform forest, rangeland, and watershed restoration services on National Forest System lands in Utah.
(Sec. 421) Extends through FY2008, a decision made by the Secretary of Agriculture to authorize grazing on an allotment and categorically exclude it from documentation in an environmental assessment or an environmental impact statement. Makes such a categorical exclusion non-applicable with respect to any allotment in a federally designated wilderness area.
(Sec. 422) Requires the deposit of a permit fee collected during FY2007 by the Secretary of Agriculture for a marina in the Shasta-Trinity National Forest in a special account, to remain available for certain recreation enhancement purposes, and for direct operating or capital costs associated with the issuance of a marina permit.
(Sec. 423) Directs the Forest Service to allocate to the Regions of the Forest Service, a specified amount from the current balance in the "timber roads purchaser election fund," for: (1) vegetative treatments in timber stands at high risk of fire due to insect, disease, or drought; (2) road work in support of vegetative treatments to support forest health objectives; and (3) maintaining infrastructure for the processing of woody fiber in Regions where it is critical to sustaining local economies and fulfilling the forest health objectives of the Forest Service.
(Sec. 424) Directs the Secretary of Agriculture to sell all interest of the United States between 5,195 or 5,205 acres of National Forest System lands in Billings county, North Dakota, in order to offset the acreage acquired by the government upon the acquisition of the Elkhorn Ranch in Medora. States congressional intent that there will be no net gain in federally owned land in North Dakota as a result of such land conveyances.
Sets forth provisions pertaining to such land sales. Instructs the Secretary, in using the proceeds from the sale of of land under this section, to: (1) cover direct expenses incurred by the Secretary in conducting the sale; and (2) deposit any remaining proceeds into the fund established by the Sisk Act to be available for the acquisition of land for inclusion in the National Forest System.
Mandates that the lands are to be conveyed from FY2008 to FY2009.
Bars the Secretary, in the conveyance of any land authorized by this section, from being required to conduct additional environmental analysis, including heritage resource analysis. Prohibits any sale, offer to sell, or conveyance from being subject to administrative appeal.
Specifies that, the grazing land lease terms in effect on the date of enactment of this Act relating to the acquired Elkhorn Ranch shall remain in effect until December 31, 2009, after which the federal land grazing use of the Ranch shall be managed through the grazing agreement between the Medora Grazing Association and the Forest Service. Requires the Animal Unit Months (AUMs) for both federal and private lands encompassing the Ranch to become part of the grazing agreement held by the Association to be reallocated to its members.
Provides for the continuation of the multiple uses of the acquired Elkhorn Ranch.
(Sec. 425) Bars the Forest Service, in FY2008 and thereafter, from changing the eligibility requirements for base property, and livestock ownership as they relate to leasing of base property and shared livestock agreements for grazing permits on the Dakota Prairie Grasslands that were in effect as of July, 18, 2005.
(Sec. 426) Amends the Arts and Artifacts Indemnity Act to: (1) require certification by the Secretary of State that international exhibitions of photographs, motion pictures, and audio and videotapes are in the national interest; and (2) set separate limits, with respect to domestic exhibitions, on the aggregate of loss or damage covered by indemnity agreements made under such Act and single exhibition agreement.
(Sec. 427) Directs the Secretary of Agriculture and the Secretary of the Interior, in accordance with authorities relating to pilot testing of agency-wide joint permitting and leasing programs respecting federal lands, to execute an agreement that transfers management and oversight of the Great Onyx, Harper's Ferry, and Oconaluftee Job Corps Centers to the Forest Service. Provides for such Job Corps Centers to continue being administered under the requirements pertaining to Civilian Conservation Centers under the Workforce Investment Act of 1998.
(Sec. 428) Directs the Forest Service to seek to collaborate with stakeholders or the parties concerned in regards to harvest operations outside of the Giant Sequoia National Monument that relate to decisions approving the Revised Ice Timber Sale and Fuels Reduction Project and the Frog Project.
(Sec. 429) Amends the Treasury, Postal Service, and General Government Appropriations Act, 1997 to provide for the reimbursement of temporary fire line managers for the cost of professional liability insurance. Defines "temporary fire line manager " to mean an employee of the Forest Service or the Department of the Interior, whose duties include, as determined by the employing agency: (1) temporary supervision or management of personnel engaged in wildland or managed fire activities; (2) providing analysis or information that affects a decision by a supervisor or manager about a wildland or managed fire; or (2) directing the deployment of equipment for a wildland or managed fire.
(Sec. 430) Expresses the sense of Congress that there should be enacted a comprehensive and effective national program of mandatory, market-based limits and incentives on emissions of greenhouse gases that slow, stop, and reverse the growth of such emissions at a rate and in a manner that: (1) will not significantly harm the U.S. economy; and (2) will encourage comparable action by other nations that are major trading partners and key contributors to global emissions.
(Sec. 431) Prohibits the use of funds to purchase light bulbs unless they have the "ENERGY STAR" or "Federal Energy Management Program" designation, except in instances where the agency determines that ENERGY STAR or FEMP designated light bulbs are not cost-effective over the life of the light bulbs or are not reasonably available to meet the functional requirements of the agency.
(Sec. 432) Prohibits the use of funds to promulgate or implement the EPA proposed regulations concerning National Emission Standards for Hazardous Air Pollutants: General Provisions published in the Federal Register on January 3, 2007.
(Sec. 433) Prohibits the use of funds: (1) to prepare or publish final regulations regarding a commercial leasing program for oil shale (and tar sands) resources on public lands pursuant to requirements of the Energy Policy Act of 2005 with regard to a programmatic environmental impact statement for such program; or (2) to conduct an oil shale lease sale pursuant to such Act.
(Sec. 434) Amends the Herger-Feinstein Quincy Library Group Forest Recovery Act (the Act) to: (1) extend the authority of the Secretary of Agriculture to conduct the pilot project for the implementation of the Quincy Library Group-Community Stability Proposal on federal lands within Plumas National Forest, Lassen National Forest, and the Sierraville ranger district of Tahoe National Forest in California; and (2) direct the Forest Service to initiate a collaborative process with the plaintiffs concerned and the Quincy Library Group to determine whether modifications to the pilot project are appropriate for the remainder of the project. Makes provisions under the Healthy Forests Restoration Act of 2003 relating to environmental analysis, special administrative review process, and judicial review with respect to authorized hazardous fuel reduction projects on certain federal lands applicable to projects authorized by the Act.
(Sec. 435) Provides, in addition to the amounts otherwise provided to the EPA in this Act, a specified amount to the EPA for transfer to the Department of the Navy for clean-up activities at Treasure Island Naval Station--Hunters Point Annex.
(Sec. 436) Provides, in addition to amounts provided to the Environmental Protection Agency in this Act, the Oklahoma Department of Environmental Quality with an additional amount for a grant to the Oklahoma Department of Environmental Quality for ongoing relocation assistance as administered by the Lead Impacted Communities Relocation Assistance Trust.
(Sec. 437) Rescinds, as specified, an amount equal to 1.56% of the budget authority provided for FY2008 for any discretionary appropriation in titles I through IV of this Act.
Prescribes a separate rescission formula with respect to the heading "Bureau of Indian Affairs Indian Land and Water Claim Settlements and Miscellaneous Payments to Indians" and states that the across-the-board rescission under this section, and any subsequent across-the-board rescission for FY2008, and the disribution of the recission shall be at the discretion of the Secretary of the Interior who shall report on such distribution and the rationale therefor to the Committees on Appropriations.
Requires the Director of the Office of Management and Budget (OMB) to submit to such committees a report specifying the account and amount of each rescission made pursuant to this section.
Title V: Wildfire Suppression Emergency Appropriations - Makes additional appropriations for FY2008 for wildland fire management (including transfers of funds) to: (1) the Department of the Interior for the BLM; and (2) the Department of Agriculture for the Forest Service.
Division G - Departments of Labor, Health and Human Services, and Education, and Related Agencies Appropriations Act, 2008 - Title I: Department of Labor - Department of Labor Appropriations Act, 2008 - Makes appropriations for FY2008 to the Department of Labor for: (1) the Employment and Training Administration, including training and employment services; (2) community service employment for older Americans; (3) federal unemployment benefits and allowances; (4) state unemployment insurance and employment service operations; (5) advances to the Unemployment Trust Fund and the Black Lung Disability Trust Fund; (6) employment and training program administration; (7) the Employee Benefits Security Administration; (8) the Pension Benefit Guaranty Corporation (PBGC); (9) the Employment Standards Administration; (10) certain special benefits, including benefits for disabled coal miners; (11) the Energy Employees Occupational Illness Compensation Fund; (12) the Black Lung Disability Trust Fund; (13) the Occupational Safety and Health Administration (OSHA); (14) the Mine Safety and Health Administration; (15) the Bureau of Labor Statistics; (16) the Office of Disability Employment Policy; (17) departmental management; (18) the Office of Jobs Corps; (19) veterans employment and training; and (20) the Office of Inspector General. Sets forth authorized uses of, and limitations on, funds and transfers of funds appropriated under this title.
(Sec. 101) Prohibits use of Job Corps funds under this title to pay individual compensation at a rate in excess of Executive Level I.
(Sec. 102) Allows not more than 1% of discretionary funds for the current fiscal year for the Department of Labor in this Act to be transferred between a program, project, or activity. Prohibits any increase of any such program, project, or activity by more than 3% by any such transfer.
(Sec. 103) Prohibits funds under this Act from being obligated or expended to procure goods mined, produced, manufactured, or harvested or services rendered, in whole or in part, by forced or indentured child labor in industries and host countries already identified by the Department of Labor prior to enactment of this Act, in accordance with a specified executive order.
(Sec. 104) Directs the Secretary of Labor, after September 30, 2007, to issue a monthly transit subsidy to Department of Labor employees in the National Capital Region in an amount of not less than $110.
(Sec. 105) Prohibits funds appropriated in this title from being obligated for demonstration and pilot (including dislocated worker demonstration and pilot), multiservice, research, and multistate projects under the Workforce Investment Act prior to the Secretary of Labor's submission to Congress of a plan detailing the uses of such funds.
(Sec. 106) Authorizes appropriations to the Denali Commission to conduct job training of the local workforce where Denali Commission projects will be constructed.
(Sec. 107) Requires, with a specified exception, that funds made available to the Department of Labor for grants under the American Competitiveness and Workforce Improvement Act of 1998 be used only for the training of foreign workers in the occupations and industries for which such workers were hired under the H-1B visa program.
(Sec. 108) Specifies certain job training grants to be awarded competitively.
(Sec. 110) Prohibits funds made available in this or any other Act from being used to finalize or implement regulations under the Workforce Investment Act of 1998, the Wagner-Peyser Act of 1933, or the Trade Adjustment Assistance Reform Act of 2002, until legislation reauthorizing the Workforce Investment Act of 1998 and the Trade Adjustment Assistance Reform Act of 2002 is enacted.
(Sec. 111) Prohibits funds appropriated in this title from being used to carry out competitive sourcing activities at the Department of Labor under OMB Circular A-76 until 60 days after the Government Accountability Office (GAO) reports to Congress on the use of competitive sourcing at the Department of Labor.
(Sec. 112) Requires the Secretary of Labor to: (1) revise, not later than June 20, 2008, regulations related to the usage of belt haulage entries in underground coal mines to require that such entries not be used to ventilate active working places of underground coal mines without prior approval from the Assistant Secretary of Labor; and (2) propose, not later than June 15, 2008, regulations requiring rescue chambers, or facilities that afford at least the same measure of protection, in underground coal mines. Prohibits the approval of mine ventilation plans incorporating the use of air coursed through belt haulage entries to ventilate active working places until such plans have been reviewed and determined to provide at least the same measure of protection where belt haulage entries are not used to ventilate such places.
(Sec. 113) Prohibits recipients of employment and training funds from using such funds to pay the salary and bonuses of an individual at a rate in excess of Executive Level II, with an exception for specified vendors.
(Sec. 114) Authorizes states to use national emergency grants to provide: (1) temporary public sector employment and services to certain individuals affected by the May 4, 2007, Greensburg, Kansas, tornado; and (2) professional municipal services for a 24-month period.
Title II: Department of Health and Human Services - Department of Health and Human Services Appropriations Act, 2008 - Makes appropriations for FY2008 to the Department of Health and Human Services (HHS) for: (1) the Health Resources and Services Administration; (2) the Centers for Disease Control and Prevention (CDC); (3) the National Institutes of Health (NIH); (4) the Substance Abuse and Mental Health Services Administration; (5) the Agency for Healthcare Research and Quality; (6) the Centers for Medicare and Medicaid Services; (7) the Administration for Children and Families; (8) the Administration on Aging; and (9) the Office of the Secretary.
(Sec. 210) Prohibits the use of funds for voluntary family planning projects unless the applicant certifies that it encourages family participation in the decision of minors to seek family planning services and that it provides counseling to minors on how to resist attempts to coerce minors into engaging in sexual activities.
(Sec. 211) Prohibits any provider of voluntary planning services under the Public Health Service Act from being exempt from any state law requiring notifications or the reporting of child abuse, child molestation, sexual abuse, rape, or incest.
(Sec. 212) Prohibits the use of funds to carry out the Medicare Advantage program if the Secretary of Health and Human Services denies participation in such program to an otherwise eligible entity because it will not provide, pay for, provide coverage of, or provide referrals for abortions.
(Sec. 213) Prohibits the use of funds to withhold substance abuse funding from a state that fails to enforce state laws prohibiting the sale of tobacco products to individuals under the age of 18 if such state certifies to the Secretary that it will commit additional funds to ensure compliance with such laws. Sets forth requirements for states that miss the retailer compliance rate goal established by the Secretary.
(Sec. 214) Allows the Secretary to exercise certain authority in order to carry out international health activities during FY2008.
(Sec. 219) Authorizes the Secretary to award a grant to the Delta Health Alliance, a nonprofit alliance of academic institutions in the Mississippi Delta region that has as its primary purposes addressing longstanding, unmet health needs and catalyzing economic development in the Mississippi Delta.
(Sec. 222) Prohibits the use of funds for the CDC Ombudsman Program.
(Sec. 223) Establishes in the Treasury a nonrecurring expenses fund to be available for capital acquisition necessary for the operation of HHS, including facilities infrastructure and information technology infrastructure, subject to approval by the Office of Management and Budget (OMB).
Title III: Department of Education - Department of Education Appropriations Act, 2008 - Makes appropriations for FY2008 to the Department of Education for: (1) education for the disadvantaged; (2) impact aid; (3) school improvement programs; (4) Indian education; (5) innovation and improvement activities; (6) safe schools and citizenship education; (7) English language acquisition and language enhancement; (8) special education; (9) rehabilitation services and disability research; (10) special institutions for persons with disabilities, including the American Printing House for the Blind, the National Technical Institute for the Deaf, and Gallaudet University; (11) career, technical, and adult education; (12) certain student financial assistance programs (including rescissions of funds), as well as federal administrative expenses for such programs (setting a maximum individual Pell Grant amount); (13) specified higher education programs; (14) Howard University; (15) the college housing and academic facilities loans program; (16) the historically Black college and university capital financing program account; (17) the Institute of Education Sciences; and (18) departmental management, including program administration, the Office for Civil Rights, and the Office of the Inspector General.
Sets the maximum individual Pell Grant amount at $4,241 during award year 2008-2009.
Sets forth authorized uses of, and limitations on, funds appropriated under this title.
(Sec. 301) Prohibits the use of funds to transport teachers or students in order to: (1) overcome racial imbalance in any school; or (2) carry out a racial desegregation plan.
(Sec. 302) Prohibits the use of funds to require, directly or indirectly, the transportation of any student to a school other than the school nearest the student's home, in order to comply with title VI of the Civil Rights Act of 1964, except a student requiring special education to the school offering special education. Declares that a prohibited indirect requirement of student transportation includes the transportation of students to carry out a plan involving the reorganization of the grade structure of schools, the pairing of schools, or the clustering of schools, or any combination of grade restructuring, pairing or clustering. Exempts the establishment of magnet schools from such prohibition.
(Sec. 303) Prohibits the use of funds to prevent the implementation of programs of voluntary prayer and meditation in public schools.
(Sec. 304) Allows the transfer between appropriations of not more than 1% of discretionary funds for the current fiscal year for the Department of Education in this Act. Prohibits any increase of any such appropriation by more than 3% by any such transfer. Limits such transfer authority to the satisfaction of emergency needs.
(Sec. 305) Prohibits the use of funds to promulgate, implement, or enforce any revision to the regulations in effect on June 1, 2007, regarding the recognition of accrediting agencies or associations under the Higher Education Act of 1965 (HEA), until legislation specifically requiring such revision is enacted.
(Sec. 306) Directs the Secretary of Education to implement procedures, within 60 days of the Act's enactment, to assess and disclose whether certain individuals or entities have a potential financial interest in, or impaired objectivity towards, a product or service purchased with, or guaranteed or insured by, funds administered by the Department of Education or an entity with which the Department has a contract. Specifies for such scrutiny the Department's: (1) officers and employees; (2) contractors and subcontractors, and the individuals they hire; (3) peer review panel members; and (4) consultants and advisors.
Requires the Department's Inspector General to review the implementation and adequacy of such procedures and report to Congress on their adequacy.
(Sec. 307) Considers five specified Illinois school districts to be local educational agencies (LEAs) for FY2008-FY2009 for purposes of the Impact Aid program, which compensates LEAs, under the Elementary and Secondary Education Act of 1965 (ESEA), for the financial burden of federal activities affecting their school districts.
Considers federally connected students in such districts to be attending schools in one such district, North Chicago Community Unit School District 187, for the purpose of making that district eligible for Impact Aid. Conditions such treatment on the agreement of the five school districts to apportion such assistance equitably among all five of them, and to use it only for direct educational services.
(Sec. 308) Prohibits the Secretary of Education from terminating, before 2008, voluntary flexibility agreements under the HEA in existence with Federal Family Education Loan program guaranty agencies on October 1, 2007. Requires the Secretary, before April 2008, to renegotiate terminated agreements that are not cost neutral, provided guaranty agencies want to enter into cost neutral agreements.
(Sec. 309) Prohibits the Secretary of Education from determining that a nonprofit educational institution does not qualify as an institution of higher education under the HEA due to its status as a subsidiary of an entity that filed a bankruptcy petition in the U.S. Bankruptcy Court for the Northern District of New York on February 21, 2001.
(Sec. 310) Rescinds funds available for administering student loans under the HEA's Federal Direct Loan program.
(Sec. 311) Provides LEAs that received Impact Aid as heavily impacted LEAs for FY2007 with such assistance for FY2008.
Title IV: Related Agencies - Makes appropriations for FY2008 to: (1) the Committee for Purchase From People Who Are Blind or Severely Disabled; (2) the Corporation for National and Community Service, for domestic volunteer service programs and the Office of Inspector General; (3) the Corporation for Public Broadcasting; (4) the Federal Mediation and Conciliation Service; (5) the Federal Mine Safety and Health Review Commission; (6) the Institute of Museum and Library Services; (7) the Medicare Payment Advisory Commission; (8) the National Commission on Libraries and Information Science; (9) the National Council on Disability; (10) the National Labor Relations Board; (11) the National Mediation Board; (12) the Occupational Safety and Health Review Commission; (13) the Railroad Retirement Board, including its Office of Inspector General; and (14) the Social Security Administration, including payments to the Social Security trust funds, the Supplemental Security Income (SSI) Program, and the Office of Inspector General.
(Sec. 401) Defines "qualified student loan," with respect to national service education awards, as any loan determined by an institution of higher education to be necessary to cover a student's cost of attendance at such institution and made, insured, or guaranteed directly to a student by a state agency, in addition to other meanings under the National and Community Service Act of 1990 (the Act through out this title).
(Sec. 402) Allows funds made available under such Act to assist entities in placing applicants with disabilities to be provided to any entity that receives a grant under it.
(Sec. 403) Requires the Corporation for National and Community Service to make any significant changes to program requirements, service delivery, or policy only through public notice and comment rulemaking.
Prohibits, for FY2008 and during any grant selection process, an officer or employee of the Corporation from knowingly disclosing any covered grant selection information regarding such selection, directly or indirectly, to any person other than an authorized officer or employee of the Corporation.
(Sec. 404) Allows Professional Corps programs that recruit and place qualified participants in certain educational, health, and other professional positions to apply for waiver of the requirement that any such program desiring to provide living allowances in excess of the authorized maximum submit an allowance application to the Corporation on a competitive basis.
(Sec. 405) Authorizes the Corporation to solicit and accept the services of organizations and individuals (other than participants) to assist in carrying out its duties under the national service laws.
Subjects an individual who provides such services to the same protections and limitations as volunteers under the Act.
(Sec. 406) Requires organizations operating projects under the AmeriCorps Education Awards Program to do so without regard to certain requirements relating to: (1) the 5% limitation on administrative costs; (2) matching funds; (3) living allowances and other inservice benefits; (4) ineligible service categories; (5) living allowances; (6) health insurance; and (7) child care.
(Sec. 407) Requires AmeriCorps programs receiving grants under the National Service Trust program to meet an overall minimum share requirement of 24% for the first three years that they receive AmeriCorps funding, and thereafter to meet the overall minimum share requirement of specified regulations, without regard to the operating costs match requirement or the member support federal share limitations in the Act.
(Sec. 408) Allows formula-based grants to states and territories under the Act to operate AmeriCorps programs only if the application describes: (1) proposed positions into which participants will be placed; (2) the proposed minimum qualifications of such participants; (3) an assurance that the state will select national service programs for subgrants on a competitive basis; and (4) an assurance that the aforementioned information will be provided for each such subgrant before its execution.
Title V: General Provisions - Specifies certain uses and limits on or prohibitions against the use of funds appropriated by this Act.
(Sec. 501) Authorizes the Secretaries of Labor, of Health and Human Services, and of Education to transfer unexpended balances of prior appropriations to accounts corresponding to current appropriations provided in this Act, to be used for the same purpose, and for the same periods of time, for which they were originally appropriated.
(Sec. 505) Bars use of funds to carry out any program of distributing sterile needles or syringes for the hypodermic injection of any illegal drug.
(Sec. 507) Prohibits the expenditure of funds appropriated in this Act, and in any trust fund to which funds are appropriated in this Act, for: (1) any abortion; or (2) health benefits coverage that includes coverage of abortion.
(Sec. 508) Declares that such prohibition does not apply: (1) if the pregnancy is the result of an act of rape or incest; or (2) in the case where a woman suffers from a physical disorder, physical injury, or physical illness, including a life-endangering physical condition caused by or arising from the pregnancy itself, that would, as certified by a physician, place the woman in danger of death unless an abortion is performed.
Declares that nothing in Sec. 507 shall be construed as: (1) prohibiting the expenditure by a state, locality, entity, or private person of state, local, or private funds (other than Medicaid matching funds); or (2) restricting the ability of any managed care provider from offering abortion coverage or the ability of a state or locality to contract separately with such a provider for such coverage with state funds (other than Medicaid matching funds).
Bars the availability of funds to a federal agency or program, or to a state or local government, if it subjects any institutional or individual health care entity to discrimination on the basis that the health care entity does not provide, pay for, provide coverage of, or refer for abortions.
(Sec. 509) Prohibits the use of funds made available in this Act for: (1) the creation of a human embryo or embryos for research purposes; or (2) research in which a human embryo or embryos are destroyed, discarded, or knowingly subjected to risk of injury or death greater than that allowed for research on fetuses in utero under certain federal regulations and the Public Health Service Act.
(Sec. 510) Bars the use of funds for activities promoting the legalization of any drug or other substance included in schedule I of the schedules of controlled substances under the Controlled Substances Act, except for normal and recognized executive-congressional communications.
Makes such limitation inapplicable when there is significant medical evidence of a therapeutic advantage to the use of such drug or other substance or that federally sponsored clinical trials are being conducted to determine therapeutic advantage.
(Sec. 511) Bars the use of funds to promulgate or adopt any final standard under the Social Security Act providing for, or providing for the assignment of, a unique health identifier for an individual (except in an individual's capacity as an employer or a health care provider), until legislation is enacted specifically approving the standard.
(Sec. 512) Bars the obligation or expenditure of funds to enter into or renew a contract with an entity if: (1) it is otherwise a contractor with the United States and is subject to the requirement regarding submission of an annual report to the Secretary of Labor concerning employment of certain veterans; and (2) it has not submitted the required report for the most recent applicable year.
(Sec. 513) Prohibits the transfer of funds made available in this Act to any federal department, agency, or instrumentality, except pursuant to an appropriation Act.
(Sec. 514) Prohibits the availability of certain funds designated to carry out the Library Services and Technology Act from being made available to certain libraries covered by such Act, as amended by the Children's Internet Protection Act, unless such libraries have made the required certifications of such Act.
(Sec. 515) Prohibits the availability of certain funds designated to carry out part D of title II of the Elementary and Secondary Education Act of 1965 from being made available to certain elementary or secondary schools covered by such Act, as amended by the Children's Internet Protection Act and the No Child Left Behind Act, unless the local educational agency (LEA) with responsibility for such covered school has made the required certifications.
(Sec. 517) Prohibits the use of funds to: (1) request that a candidate for appointment to a federal scientific advisory committee disclose his or her political affiliation or voting history or the position he or she holds with respect to political issues not directly related to and necessary for the work of the committee involved; or (2) disseminate scientific information that is deliberately false or misleading.
(Sec. 518) Requires each department and related agency funded through this Act, within 45 days of enactment of this Act, to submit an operating plan that details at the program, project, and activity level any funding allocations for FY2008 that are different than those specified in this Act, the accompanying detailed table in the explanatory statement described in section 4 (in the matter preceding division A of this Act), or the FY2008 budget request.
(Sec. 519) Prohibits the use of funds made available by this Act to carry out the evaluation of the Upward Bound program described in the absolute priority for Upward Bound Program participant selection and evaluation published by the Department of Education (DOE) in the Federal Register on September 22, 2006.
(Sec. 520) Prohibits the use of funds in this Act to employ unauthorized aliens as defined in the Immigration and Nationality Act.
(Sec. 521) Requires the Secretaries of Labor, of Health and Human Services, and of Education each to report to the congressional appropriations committees on the number, amount, and other specified details of contracts, non-formula grants, and cooperative agreements exceeding $100,000 in value and awarded by the Department on a noncompetitive basis during each quarter of FY2008.
(Sec. 522) Requires the departments, agencies, and commissions funded under this Act to establish and maintain on the homepages of their Internet websites: (1) a direct link to the Internet websites of their Offices of Inspectors General; and (2) a website mechanism by which individuals may anonymously report cases of waste, fraud, or abuse.
(Sec. 523) Prohibits the use of funds under this Act to enter into a contract in an amount greater than $5 million, or to award a grant in excess of such amount, unless the prospective contractor or grantee certifies in writing to the awarding agency that, to the best of its knowledge and belief, it: (1) has filed all federal tax returns required during the three years preceding the certification; (2) has not been convicted of a criminal offense under the Internal Revenue Code; and (3) has not, more than 90 days before certification, been notified of any unpaid federal tax assessment for which the liability remains unsatisfied, unless the assessment is the subject of an installment agreement or offer in compromise approved by the Internal Revenue Service (IRS) and not in default, or the assessment is the subject of a non-frivolous administrative or judicial proceeding.
(Sec. 524) Amends title XVIII (Medicare) of the Social Security Act, as amended by the Abstinence Education, and QI Programs Extension Act of 2007, to reduce funding for the Medicare Physician Assistance and Quality Initiative Fund.
(Sec. 525) Makes Iraqi and Afghan aliens granted special immigrant status under the Immigration and Nationality Act eligible for resettlement assistance, entitlement programs, and other refugee benefits for a maximum six-month period.
(Sec. 526) Bars the use of funds by the Commissioner of the SSA to pay the compensation of SSA employees to administer Social Security benefit payments, under any agreement between the United States and Mexico establishing totalization arrangements between the social security system established by title II (Federal Old-age, Survivors, and Disability Insurance Benefits) (OASDI) of the Social Security Act and the social security system of Mexico, which would not otherwise be payable but for such agreement.
(Sec. 527) Prohibits the expenditure or obligation of funds by the Commissioner to process claims for credit for quarters of Social Security coverage based on work performed under a Social Security account number that was not the claimant's number.
(Sec. 528) Makes 1.747% across-the-board rescissions in the FY2008 budget authority provided: (1) for discretionary accounts of this Act; and (2) in any advance appropriation for FY2008 for such discretionary accounts made available by any prior fiscal year appropriation Act.
Exempts discretionary budget authority: (1) that has been designated as an emergency requirement in this Act; or (2) made available under title III under the Student Financial Assistance account for the Federal Pell Grants program.
Requires the Director of the Office of Management and Budget (OMB) to report to the congressional appropriations committees on the account and amount of each such rescission.
Title VI: National Commission on Children and Disasters - Kids in Disasters Well-being, Safety, and Health Act of 2007 - (Sec. 603) Establishes the National Commission on Children and Disasters, which shall: (1) conduct a comprehensive assessment of children's needs relating to preparation for, response to, and recovery from all hazards, including major disasters and emergencies; (2) identify, review, and evaluate existing laws, regulations, policies, and programs relevant to such needs; (3) identify, review, and evaluate lessons learned from past disasters and emergencies relative to addressing such needs; and (4) report findings and recommendations to the President and Congress. Requires specific recommendations on the need for a national resource center on children and disasters, coordination of resources and services, administrative actions, policies, regulations, and legislative changes.
(Sec. 612) Authorizes appropriations for FY2008-FY2009.
Division H: Legislative Branch Appropriations Act, 2008 - Legislative Branch Appropriations Act, 2008 - Title I: Legislative Branch Appropriations - Makes appropriations to the Senate for FY2008 for: (1) expense allowances; (2) representation allowances for the Majority and Minority Leaders; (3) salaries of specified officers, employees, and committees (including the Committee on Appropriations); (4) agency contributions for employee benefits; (5) inquiries and investigations; (6) the U.S. Senate Caucus on International Narcotics Control; (7) the Offices of the Secretary and of the Sergeant at Arms and Doorkeeper of the Senate; (8) miscellaneous items; (9) the Senators' Official Personnel and Office Expense Account; and (10) official mail costs.
(Sec. 2) Amends the Legislative Appropriations Act, 2003 to extend the Office of the President Pro Tempore Emeritus of the Senate through the 110th Congress.
(Sec. 4) Amends the Legislative Branch Appropriation Act, 1968 to limit the annual gross compensation for employees of Senate standing, select, or joint committees to $162,515.
(Sec. 5) Establishes the United States Senate-Japan Interparliamentary Group consisting of up to 12 appointed Senators (United States group) to meet once per Congress with representatives of the Diet of Japan for discussion of common problems in the interest of relations between the United States and Japan.
(Sec. 6) Amends the Supplemental Appropriations Act, 1979 to increase from $25,000 to $30,000 the expense allowance for the Offices of the Secretary and of the Sergeant at Arms and Doorkeeper of the Senate for expense payments of orientation seminars for Senators, Senate officials, or members of their staff and other similar meetings in the Capitol Building or the Senate Office Building.
(Sec. 7) States that the official duties of the Sergeant at Arms and Doorkeeper of the Senate employees under the Senate Daily Press Gallery, the Senate Periodical Press Gallery, the Senate Press Photographers Gallery, and the Senate Radio and Television Correspondents Gallery may include providing media support services for the presidential nominating conventions of the national committees of political parties.
(Sec. 8) Amends the Supplemental Appropriations Act, 1977 to increase from eight to nine the maximum number of individual consultants the Majority and Minority Leaders may each appoint.
Makes appropriations to the House of Representatives for FY2008 for: (1) salaries and/or expenses of the House leadership offices, committees (including the Committee on Appropriations), officers and employees, and the Child Care Center; and (2) Members' representational allowances.
(Sec. 101) Requires deposit in the Treasury of any amounts of a Member's representational allowance for FY2008 remaining after all payments are made, to be used for federal deficit reduction, or, if there is no deficit, for federal debt reduction.
(Sec. 102) Amends the Legislative Branch Appropriations Act, 2005 to authorize the Chief Administrative Officer of the House (CAO) to contract on a competitive basis with a public or private entity (currently, private entity only) for the management, operation, and maintenance of the House exercise facility.
(Sec. 103) Amends the Legislative Branch Appropriations Act, 1996 to require the fees collected by the CAO for internal delivery in House nonpostage mail from outside sources to be deposited in the Treasury for credit to the CAO account (currently, deposited in the Treasury as miscellaneous receipts).
(Sec. 104) Amends the Legislative Branch Appropriations Act, 2005 to modify use of the House Services Revolving Fund to include purposes relating to energy and water conservation and environmental activities carried out in buildings, facilities, and grounds under the CAO's jurisdiction and approved by the House Committee on Appropriations.
(Sec. 105) Amends House Resolution 1238, 91st Congress, agreed to December 22, 1970 (as enacted into permanent law by chapter VIII of the Supplemental Appropriations Act, 1971) to adjust the additional Secretary's salary of a former Speaker of the House from a maximum of step one of level six of the House Employee Schedule to a maximum of step seven of level 11.
Makes appropriations for salaries and/or expenses of: (1) the Joint Economic and Taxation Committees; (2) the Joint Congressional Committee on Inaugural Ceremonies of 2009; (3) the Office of the Attending Physician; (4) the Capitol Guide Service and Special Services Office; (5) the preparation of statements of appropriations; (6) the Capitol Police; (7) the Office of Compliance; (8) the Congressional Budget Office; and (9) the Architect of the Capitol (AOC), including for the care and operation of the buildings, grounds, and security of the Senate, the House, the Capitol power plant, the Library of Congress, the Capitol Police, the Botanic Garden, and the Capitol Visitor Center.
(Sec. 1002) Authorizes the Chief of the Capitol Police, during FY2008 and each succeeding fiscal year, and after notifying the congressional appropriations committees, to make advance payments for obligations of the U.S. Capitol Police for subscription services, if he determines it to be more prompt, efficient, or economical to do so.
(Sec. 1003) Rescinds $876,000 from the unexpended balances available to the AOC for the Capitol Power Plant in the U.S. Troop Readiness, Veterans' Care, Katrina Recovery, and Iraq Accountability Appropriations Act, 2007.
Appropriates such amount, in addition to amounts otherwise available in this Act for the salaries of the Capitol Police, for expenses resulting from any utility tunnel repairs and asbestos abatement activities carried out by the AOC, if such amount is designated as an emergency requirement.
(Sec. 1004) U.S. Capitol Police and Library of Congress Police Merger Implementation Act of 2007 - Transfers each Library of Congress (LOC) Police employee and each LOC Police civilian employee to the U.S. Capitol Police.
States that: (1) an LOC Police employee shall become a member of the Capitol Police on the employee's transfer date if the Chief of the Capitol Police determines and issues a written certification that the employee meets specified eligibility requirements; and (2) if the Chief determines that such requirements are not met, then such employee shall become a civilian employee of the Capitol Police.
Requires the determination to be made for all LOC Police employees before FY2010.
Exempts LOC Police employees who become members of the Capitol Police from federal mandatory separation law, subject to specified conditions.
Entitles any creditable service accrued by such LOC Police employees before becoming a Capitol Police to be included in calculating the employee's service as a member of the Capitol Police for purposes of the Federal Employees Retirement System (FERS) and the Civil Service Retirement System (CSRS).
Provides that: (1) the transfer of such personnel shall not cause any such employee to be separated or receive a reduction in pay; and (2) any credited annual, sick leave, other leave, or compensatory leave of the individual shall be transferred to the individual's credit as a member or employee of the Capitol Police.
Prohibits the Chief from imposing a probationary period on transferred individuals.
Reduces and cancels a specified portion of the unobligated balance of the Federal Library and Information Network (FEDLINK) program revolving fund
Requires the Librarian of Congress to establish standards and regulations for the physical security, control, and preservation of the Library of Congress collections and property, and for maintenance of suitable order and decorum within the Library.
Amends such Act to provide for payment of Capitol Police services for Library of Congress special events.
(Sec. 1101) Amends the Congressional Accountability Act of 1995 to increase the rate of pay to at least the highest annual rate of compensation of any Senate or House officer for the following positions of the Office of Compliance: (1) a member of the Board of Directors; (2) Executive Director; and (3) General Counsel. Increases the rate of pay of the Office's Deputy Executive Director to at least 96% of such highest annual rate.
(Sec. 1201) Authorizes the Director of the Congressional Budget Office (CBO) to establish and conduct an executive exchange program under which up to three CBO employees may be assigned to private sector organizations, and up to three employees of such organizations may be assigned to CBO, for one-year periods to further CBO's and Congress' institutional interests, including to provide training to CBO officers and employees.
Considers such organizations' employees to be CBO employees for purposes of specified federal laws.
Terminates such assignments two years after the enactment of this Act.
(Sec. 1301) Architect of the Capitol Inspector General Act of 2007 - Establishes in the Office of the AOC the Office of the Inspector General.
Requires the authorities and reporting responsibilities of the Office of Personnel Management (OPM) to be exercised by the AOC regarding payment of recruitment, relocation, and retention bonuses to AOC and Botanic Garden employees.
(Sec. 1302) Authorizes the AOC, through FY2008, to establish and conduct a pilot program to test flexible work schedules within the Office of the AOC and the Botanic Garden.
(Sec. 1303) Authorizes the Office of the AOC to pay the travel and transportation allowances of new employees.
Amends the National Energy Conservation Policy Act to to include the AOC in the demonstration program of solar heating and cooling in federal buildings.
(Sec. 1304) Authorizes the AOC, after notifying the congressional appropriations committees during FY2008 and each succeeding fiscal year, to make advance payments for obligations of the AOC's Office for subscription services, if the AOC determines it to be more prompt, efficient, or economical to do so.
(Sec. 1305) Considers the Capitol Visitor Center (CVC), for maintenance purposes, as an extension of the Capitol Building. Makes the maintenance functions for the CVC's infrastructure the responsibility of the AOC.
(Sec. 1306) Amends the Legislative Branch Appropriations Act, 2004 to modify conditions under which the AOC may lease space within areas of the District of Columbia and its environs. Requires the approval of: (1) the Senate Committee on Appropriations for the Senate; (2) the House Committee on Appropriations for the House; and (3) both Committees for space to be leased for the U.S. Capitol Police and the AOC.
(Sec. 1307) Authorizes the AOC to grant easements for rights-of-way over, in, and upon the Capitol grounds and any other public lands under AOC jurisdiction and control.
Establishes in the Treasury an easement account in which the AOC shall deposit all related proceeds received from such easements.
(Sec. 1308) Authorizes the AOC to use the two-phase selection procedures authorized in the Federal Property and Administrative Services Act of 1949 for entering into a contract for the design and construction of a public building, facility, or work (a design-build contract) in the same manner and under the same terms and conditions as the head of an executive agency under such Act.
(Sec. 1309) Requires the AOC to: (1) appoint an assistant to perform the responsibilities of the Chief Executive Officer for Visitor Services (CEO) during the CEO's absence or disability, or during a vacancy in such appointed position; and (2) fix the salary for such position at the highest total salary for the Senior Executive Service for the locality involved.
Appropriates funds for: (1) the Library of Congress for salaries and expenses, the Copyright Office, Congressional Research Service (CRS), and Books for the Blind and Physically Handicapped; (2) the Government Printing Office (GPO); (3) the Government Accountability Office (GAO); (4) a payment to the Open World Leadership Center Trust Fund; and (5) a payment to the John C. Stennis Center for Public Service Development Trust Fund.
(Sec. 1401) Authorizes the expenditure of up to $5,000 for the incentive awards program of the Library of Congress.
(Sec. 1402) Establishes an upper limit of $122.529 million for the FY2008 obligational authority of the Library of Congress with regard to certain reimbursable and revolving fund activities.
Authorizes the Librarian of Congress, under specified conditions, to transfer temporarily up to $1.9 million of funds appropriated in this Act for Library of Congress salaries and expenses to the revolving fund for the FEDLINK Program and the Federal Research Program established under the Library of Congress Fiscal Operations I mprovement Act of 2000.
(Sec. 1403) Amends the Legislative Branch Appropriations Act, 1998 to subject the Cooperative Acquisitions Program Revolving Fund to audit by the Comptroller General at his or her discretion. (Currently, the Librarian of Congress prepares and submits to Congress an audited financial statement conducted in accordance with Government Auditing Standards for financial audits issued by the Comptroller General.)
(Sec. 1404) Authorizes the transfer of up to 10% of FY2008 Library of Congress appropriations between any of the headings for which the amounts are appropriated, upon the approval of the congressional appropriations committees.
(Sec. 1501) Establishes a Contract Appeals Board within GAO to hear and decide appeals from decisions of a contracting officer with respect to any legislative branch agency's contract.
Applies the Contract Disputes Act of 1978, as amended, to such appeals, except for certain provisions relating to: (1) maritime contracts; (2) specified agency boards of contract appeals; and (3) certain actions in the U.S. Court of Federal Claims.
Reduces from $100,000 to $50,000 the amount of any claim a contracting officer may decide.
(Sec. 1502) Repeals and/or modifies certain GAO audits and reporting requirements under the: (1) Consolidated Appropriations Act, 2000; (2) Consolidated Appropriations Act, 2001; (3) Congressional Hunger Fellows Act of 2002; (4) Haitian Refugee Immigration Fairness Act of 1998; (5) National Moment of Remembrance Act; (6) Social Security Act; and (7) Radiation Exposure Compensation Act.
Title II: General Provisions - Specifies authorized and prohibited uses of funds appropriated by this Act identical or similar to corresponding provisions of the Legislative Branch Appropriations Act, 2007.
(Sec. 209) Prohibits the use of the funds made available to the AOC or the U.S. Capitol Guide Service and Congressional Special Services Office in this Act to eliminate guided tours of the U.S. Capitol led by congressional employees and interns.
Allows temporary suspension or restriction of such tours for security or related reasons to the same extent as guided tours of the U.S. Capitol led by the AOC or the Capitol Guide Service.
(Sec. 210) Rescinds 0.25% of the budget authority provided for FY2008 for discretionary accounts in title I of this Act, except under section 1003.
Division I: Military Construction and Veterans Affairs and Related Agencies Appropriations Act, 2008 - Military Construction and Veterans Affairs and Related Agencies Appropriations Act, 2008 - Title I: Department of Defense - Appropriates funds for FY2008 for the Department of Defense (DOD) for: (1) military construction for the Army, Navy and Marine Corps, and Air Force (military departments), DOD, the Army and Air National Guard, and the Army, Navy, and Air Force reserves; (2) the North Atlantic Treaty Organization (NATO) Security Investment Program; (3) family housing and related operation and maintenance for the military departments and DOD; (4) the Department of Defense Family Housing Improvement Fund; (5) chemical demilitarization construction; and (6) the Department of Defense Base Closure Accounts of 1990 and 2005.
Specifies restrictions and authorizations regarding the use of funds appropriated in this title and in other military construction appropriations Acts.
(Sec. 113) Directs the Secretary of Defense to notify the appropriate congressional committees 30 days in advance of the plans and scope of any proposed military exercise involving U.S. personnel if construction costs are anticipated to exceed $100,000.
(Sec. 118) Directs the Secretary to report to the appropriations committees on actions taken by DOD and the Department of State to encourage other members of NATO, Japan, South Korea, and U.S. allies bordering the Arabian Sea to assume a greater share of the common defense burden of such nations and the United States.
(Sec. 121) Requires the Secretary of the military department concerned, at least 60 days prior to issuing any solicitation for a contract with the private sector for military family housing, to notify the appropriations committees of any guarantees (including the making of mortgage or rental payments) proposed to be made to the private party in the event of: (1) the closure or realignment of the installation for which the housing is provided; (2) a reduction in force of units stationed at such installation; or (3) the extended deployment overseas of units stationed at such installation.
(Sec. 122) Authorizes the transfer of DOD funds for expenses associated with the Homeowners Assistance Program under the Demonstration Cities and Metropolitan Development Act of 1966.
(Sec. 124) Requires the Secretary or any other DOD official requested by the congressional military construction, veterans affairs, and related agencies subcommittees to respond within 21 days to a question or inquiry pursuant to a subcommittee hearing or other activity.
(Sec. 126) Places specified restrictions and limitations on the obligation or expenditure of funds made available in this title or in any other military construction appropriations Act to carry out a military construction, land acquisition, or family housing project at or for a military installation approved for closure, or for supporting a function that has been approved for realignment to another installation, in 2005 under the Defense Base Closure and Realignment Act of 1990.
(Sec. 128) Prohibits funds from this title from being used for any activity related to the construction of an outlying landing field in Washington County, North Carolina.
Title II: Department of Veterans Affairs - Authorizes appropriations for the Department of Veterans Affairs (VA) for: (1) veterans' benefits programs; (2) readjustment benefits; (3) veterans insurance and indemnities; (4) the Veterans Housing Benefit Program Fund; (5) the Vocational Rehabilitation Loans Program; (6) the Native American Veteran Housing Loan Program; (7) guaranteed transitional housing loans for homeless veterans; (8) the Veterans Health Administration (including for medical and prosthetic research); (9) the National Cemetery Administration; (10) general operating expenses; (11) information technology systems; (12) the Office of the Inspector General; (13) construction for major and minor projects; and (14) grants for the construction of state extended care facilities and veterans cemeteries.
Specifies restrictions and authorizations regarding the use of funds appropriated in this title.
(Sec. 210) Makes funds from this title available to reimburse expenses of the Office of Resolution Management and the Office of Employment Discrimination Complaint Adjudication, within specified limits.
(Sec. 216) Directs the Secretary of Veterans Affairs (Secretary, for purposes of this title) to allow veterans eligible under existing VA medical care requirements and who reside in Alaska to obtain medical services from facilities supported by the Indian Health Service or tribal organizations.
(Sec. 218) Prohibits the VA from using funds available in this or any other Act to replace the current system by which the Veterans Integrated Service Networks select and contract for diabetes monitoring supplies and equipment.
(Sec. 220) Directs the Secretary to report quarterly to the appropriations committees on the financial status of the Veterans Health Administration.
(Sec. 224) Prohibits the Secretary from declaring as excess to the needs of VA, or otherwise disposing or reducing the acreage of, federal lands and improvements at the Department of Veterans Affairs West Los Angeles Medical Center, California.
(Sec. 225) Requires the VA to continue research into Gulf War Illness at levels not less than those made available in FY2007, within available funds contained in this Act.
(Sec. 226) Requires the: (1) VA Inspector General (IG) to establish and maintain on the homepage of the Internet website of the IG a mechanism for individuals to anonymously report cases of VA waste, fraud, or abuse; and (2) Secretary to establish and maintain on the homepage of the VA's website a direct link to the IG's website.
(Sec. 227) Authorizes the Secretary, in the national interest, to transfer up to $5 million to the Secretary of Health and Human Services to support increased training of psychologists skilled in the treatment of post-traumatic stress disorder (PTSD), traumatic brain injury (TBI), and related disorders. Requires the Secretary to notify Congress of each transfer.
(Sec. 235) Authorizes the Secretary to carry out a major medical facility lease in FY2008 to implement the recommendations outlined in the August, 2007 study of south Texas veterans' inpatient and specialty outpatient health care needs.
(Sec. 230) Increases (with a corresponding offset) amounts made available for VA construction, major projects. Designates such additional amount as an emergency requirement.
(Sec. 231) Extends through FY2008: (1) specified per diem copayments in connection with the provision of VA hospital and nursing home care; and (2) the right to recovery from third-party insurance providers in connection with VA treatment for a non-service-connected disability.
(Sec. 235) Designates as emergency requirements under this Act specified VA accounts and programs.
Title III: Related Agencies - Appropriates funds for: (1) the American Battle Monuments Commission; (2) the U.S. Court of Appeals for Veterans Claims; (3) cemeterial expenses, Army; and (4) the Armed Forces Retirement Home.
Title IV: General Provisions - Specifies restrictions and authorizations regarding the use of funds appropriated in this Act.
(Sec. 408) Requires the Director of the Congressional Budget Office (CBO) to submit to the appropriations committees projected annual appropriations necessary for the VA to continue providing veterans' health care for FY2009-FY2012.
(Sec. 409) Prohibits the use of funds for any action related to or promoting the expansion of the boundaries or size of the Pinon Canyon Maneuver Site, Colorado.
(Sec. 410) Authorizes the city of Aurora, Colorado, to convey by donation to the United States certain non-federal lands adjacent to the Fitzsimons Army Medical Center, Colorado, for construction of a veterans' medical facility.
Division J: Department of State, Foreign Operations, and Related Programs Appropriations Act, 2008 - Title I: Department of State and Related Agencies - Makes FY2008 appropriations for the Department of State (Department) for: (1) administration of foreign affairs and diplomatic and consular programs; (2) the Capital Investment Fund; (3) the Office of Inspector General; (4) educational and cultural exchange programs; (5) representation allowances; (6) protection of foreign missions and officials; (7) U.S. embassy security, construction, and maintenance; (8) emergencies in the diplomatic and consular service; (9) the repatriation loans program account; (10) the American Institute in Taiwan; (11) the Foreign Service Retirement and Disability Fund; (12) international organizations, peacekeeping, and commissions; (13) the International Boundary and Water Commission, United States and Mexico; (14) salaries and expenses; (15) plan preparation and construction of authorized projects; (16) the International Joint Commission and the International Boundary Commission, United States and Canada; (17) international fisheries commissions; (18) the Asia Foundation; (19) the Center for Middle Eastern-Western Dialogue Trust Fund; (20) the Eisenhower Exchange Fellowships, Incorporated; (21) the Israeli Arab Scholarship Program; (22) the Broadcasting Board of Governors; (23) the Commission for Preservation of America's Heritage Abroad; (24) the United States Commission on International Religious Freedom; (25) the Commission on Security and Cooperation in Europe; (26) the Congressional-Executive Commission on the People's Republic of China; (27) the United States-China Economic and Security Review Commission; (28) the United States Senate-China Interparliamentary Group; and (29) the United States Institute of Peace.
(Sec. 102) Directs the Department and the Broadcasting Board of Governors to provide the Appropriations Committees (Committees) with a quarterly accounting of the cumulative balances of any unobligated funds received during any previous fiscal year.
(Sec. 103) Sets forth restrictions on office space for federal employees with respect to U.S. diplomatic facility construction, with an exception for Marine Corps use.
(Sec. 104) Prohibits funds under this title from being used for U.N. peacekeeping missions that will involve U.S. Armed Forces personnel under foreign command unless in the U.S. national interest.
(Sec. 105) Continues the prohibition, as provided for in the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1999, on the use of funds to provide visas to certain aliens who were involved in political violence in Haiti.
(Sec. 106) States that: (1) the Senior Policy Operating Group on Trafficking in Persons shall coordinate all policies related to the activities of traffickers and victims of severe forms of trafficking; and (2) no funds shall be expended to perform functions that duplicate Group responsibilities.
(Sec. 107) Provides that for purposes of birth registration, certification of nationality, or passport issuance of a U.S. citizen born in Jerusalem, the Secretary of State (Secretary) shall, upon request, record the place of birth as Israel.
(Sec. 108) Limits the use of funds under this title for any consulting service procurement contract to those contracts where expenditures are a matter of public record, except where otherwise provided.
(Sec. 109) Continues the prohibition, as provided for in the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1999, on the use of funds to increase the U.S. diplomatic presence in the Socialist Republic of Vietnam unless the President makes specified certifications.
(Sec. 110) Provides for the obligation and expenditure of specified funds for the Broadcasting Board of Governors and the Department notwithstanding certain provisions of the State Department Basic Authorities Act of 1956, the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995, and the National Security Act of 1947.
(Sec. 111) States that costs incurred by an agency or department funded under this Act resulting from personnel actions taken in response to funding reductions included in this Act shall be absorbed within such agency's or department's budgetary resources.
(Sec. 112) Prohibits funds under this title from being used to pay expenses for any U.S. delegation to any specialized U.N. agency, body, or commission that is presided over by a country that has provided support for acts of international terrorism.
(Sec. 113) Amends the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995, as amended, to provide for U.S. payments for U.N. peacekeeping operations in 2008 at 27.1%.
(Sec. 114) Prohibits FY2008 funding for Alhurra (Arabic language satellite television network) unless the Secretary reports to the Committees that Alhurra does not advocate on behalf of any organization that the Secretary knows, or has reason to believe, engages in terrorist activities.
(Sec. 115) Directs: (1) the Secretary to establish on the Department homepage an Internet link to the website of the Department's Office of Inspector General; and (2) the Inspector General to establish an Internet mechanism by which individuals can anonymously report cases of waste, fraud, or abuse.
(Sec. 116) Directs the Secretary to establish visa processing facilities in Iraq.
(Sec. 117) Authorizes the expenditure of specified International Boundary and Water Commission, United States and Mexico funds for construction of secondary wastewater treatment capability from the Tijuana River, subject to specified conditions.
(Sec. 118) Revises United States-China Economic and Security Review Commission provisions respecting: (1) performance reviews; and (2) cash awards.
Title II: Export and Investment Assistance - Makes FY2008 appropriations for: (1) the Export-Import Bank, including the Office of Inspector General and direct and guaranteed loan and insurance programs and administrative expenses; (2) Overseas Private Investment Corporation (OPIC) credit and insurance programs, including administrative expenses, and for the cost of direct and guaranteed loans, and authority to undertake programs under title IV of the Foreign Assistance Act of 1961 in Iraq; and (3) the Trade and Development Agency.
Title III: Bilateral Economic Assistance - Makes FY2008 appropriations for: (1) expenses of the President in carrying out certain programs under the Foreign Assistance Act of 1961; (2) global health programs, including child survival, nutrition, and disease programs, prevention and treatment of HIV/AIDS and other infectious diseases, and programs for maternal health and family planning/reproductive health programs; (3) specified development assistance; (4) international disaster and famine assistance; (5) democracy transition and long-term development of countries in crisis; (6) direct loans and guaranteed loans for micro, small, and urban enterprise development; (7) operating expenses of the United States Agency for International Development (USAID); (8) the Capital Investment Fund; (9) USAID Office of Inspector General; (10) Economic Support Fund (ESF) assistance, including amounts for Cyprus, Egypt, Jordan, USAID programs in the West Bank and Gaza, the Palestinian Authority (PA) under certain conditions, Lebanon, Afghanistan under certain conditions, Timor-Leste, the Central Highlands of Vietnam, Columbia, and North Korea; (11) the International Fund for Ireland; (12) assistance for Eastern Europe and the Baltic States; (13) assistance for the Independent States of the former Soviet Union; (14) the Inter-American Foundation, the African Development Foundation, the Peace Corps, with a prohibition on fund use for abortions, and the Millennium Challenge Corporation; (15) the Democracy Fund; (16) international narcotics control and law enforcement; (17) counterdrug activities in the Andean region of South America including restrictions on assistance to Colombia, and a prohibition on the combat use of U.S. Armed Forces or contractors for anti-drug activities in Columbia; (18) migration and refugee assistance; (19) the United States Emergency Refugee and Migration Assistance Fund; (20) nonproliferation, anti-terrorism, demining, and related programs and activities, including U.S. contributions to the International Atomic Energy Agency (IAEA) and the Comprehensive Nuclear Test Ban Treaty Preparatory Commission; and (21) the Department of the Treasury for international affairs technical assistance activities, and for debt restructuring of concessional loans, guarantees, and credits made to, and the canceling of amounts owed to, the United States by eligible foreign countries.
Title IV: Military Assistance - Makes FY2008 appropriations for: (1) international military education and training (IMET), including provisions respecting Equatorial Guinea, Angola, Cameroon, Central African Republic, Chad, Cote d'Ivoire, Guinea, Libya, Nepal, Haiti, Guatemala, the Democratic Republic of the Congo, Sri Lanka, Ethiopia, Bangladesh, and Nigeria; (2) foreign military financing grants, including provisions respecting Israel, Jordan, Morocco, Egypt, Sudan, Haiti, Guatemala, Nepal, Sri Lanka, Pakistan, Bangladesh, Philippines, Indonesia, Bosnia and Herzegovina, Ethiopia, and Democratic Republic of the Congo; and (3) international peacekeeping operations.
Title V: Multilateral Economic Assistance - Makes FY2008 appropriations for the U.S. contribution to: (1) the Global Environment Facility of the International Bank for Reconstruction and Development (World Bank); (2) the International Development Association; (3) the Enterprise for the Americas Multilateral Investment Fund; (4) the Asian Development Fund; (5) the African Development Bank; (6) the African Development Fund; (7) the European Bank for Reconstruction and Development; (8) the International Fund for Agricultural Development; and (9) other international programs.
Sets forth limitations on callable capital subscriptions with respect to the African Development Bank.
Title VI: General Provisions - (Sec. 601) Prohibits payments to any international financial institution (as defined by this Act) while the U.S. executive director to the institution is compensated at a rate in excess of that for Level IV of the Executive Schedule, or any alternate U.S. director is compensated at a rate in excess of that for Level V of such Schedule.
(Sec. 602) Prohibits the use of funds under this Act from being used to pay any voluntary U.S. contribution to the United Nations if the United Nations implements or imposes any tax on U.S. persons.
(Sec. 603) Sets forth limits on the use of appropriations, including specified maximums for official residence expenses, entertainment expenses, and representation allowances for USAID.
Sets forth entertainment and/or representation limits for: (1) the Inter-American Foundation; (2) the Trade and Development Agency; (3) the Peace Corps; (4) IMET; (5) the Foreign Military Financing Program; (6) the Trade and Development Agency; and (7) the Millennium Challenge Corporation.
(Sec. 604) Requires that any department or agency which receives funds under this Act provides the Committees with a quarterly accounting of cumulative balances (by program, project, and activity) of unobligated and unexpended funds.
(Sec. 606) Prohibits the use of funds under this Act for: (1) assistance under a new bilateral agreement unless such assistance is exempt from taxation, or reimbursed, by the foreign government; (2) direct assistance or reparations to Cuba, North Korea, Iran, or Syria; (3) assistance to any country whose elected head of government is deposed by military coup or decree (assistance may be resumed if a democratic government is elected to office); (4) certain transfers between U.S. agencies except pursuant to a transfer made by, or transfer authority provided in, this Act or any other appropriations Act, or between appropriations accounts without prior presidential consultation with Congress; (5) assistance to any country in default in excess of a year on payments on a U.S. loan unless the President determines such assistance is in the national interest; and (6) assistance for production of any export commodity by a foreign country if the commodity is likely to be in surplus on world markets and if the assistance will cause substantial injury to U.S. producers of a similar or competing commodity (with exceptions for specified benefits to U.S. producers or to developing countries).
Limits certain: (1) Department and Broadcasting Board of Governors transfer authority; and (2) export financing transfer authority.
(Sec. 610) Authorizes the commercial leasing of certain defense articles (instead of the government-to-government sale) to Israel, Egypt, North Atlantic Treaty Organization (NATO) members, and major non-NATO allies if the President determines that there are compelling foreign policy or national security reasons.
(Sec. 611) States, with specified exceptions, that no part of any appropriation contained in this Act shall remain available for obligation after the expiration of the current fiscal year unless expressly provided for in this Act.
(Sec. 614) Directs the Secretary of the Treasury to instruct the U.S. executive directors of specified international financial institutions to oppose any assistance for the production or extraction of any commodity or mineral for export if it is in surplus on world markets and such assistance will cause substantial injury to U.S. producers of a similar commodity.
(Sec. 615) Sets forth specified congressional notification requirements.
(Sec. 616) Declares that funds appropriated for foreign operations, export financing, and related programs that are returned or not made available for international organizations and programs shall remain available for obligation until September 30, 2009.
Removes Libya from provisions requiring the withholding of U.S. funds for international programs for certain countries or entities.
(Sec. 617) Prohibits the availability of assistance for the Independent States of the former Soviet Union to a government of such an Independent State: (1) if it directs action in violation of the territorial integrity or national sovereignty of any other Independent State (with a national security waiver); or (2) to enhance its military capability (except for demilitarization, demining, or nonproliferation programs).
Subjects such assistance for the Russian Federation, Armenia, Kazakhstan, and Uzbekistan to the regular notification procedures of the Committees.
Withholds specified funds for the Russian Federation until the President certifies to the Committees that the Russian Federation has taken specified actions respecting Iran and Chechnya.
(Sec. 618) Prohibits the use of development assistance funds for abortions or involuntary sterilizations as methods of family planning, to motivate or coerce any person to practice abortions, or to provide any financial incentive to undergo sterilization.
(Sec. 620) Prohibits the use of specified funds for Serbia, Sudan, Zimbabwe, Pakistan, Cuba, Iran, Haiti, Libya, Ethiopia, Mexico, Nepal, or Cambodia except through the regular notification procedures of the Committees.
(Sec. 622) Makes funds available to reimburse governmental and private entities for the cost of individuals detailed to USAID for global health programs in developing countries, including child health programs and HIV/AIDS prevention programs.
(Sec. 623) Obligates certain funds for Afghanistan for humanitarian, reconstruction, and related assistance, including agricultural programs and programs for women and girls.
(Sec. 624) Requires the Department of Defense (DOD) to notify the Committees before providing excess DOD articles to certain NATO and major non-NATO countries.
(Sec. 625) Conditions 20% of the U.S. contribution to the Global Fund to Fight AIDS, TB and Malaria on the progress of Fund financing reforms.
(Sec. 626) Prohibits bilateral assistance funds to any country which the President determines grants sanctuary from prosecution to any individual or group which has committed an act of international terrorism or otherwise supports such activities. Authorizes the President to waive such prohibition for national security and humanitarian reasons.
(Sec. 627) Authorizes nongovernmental organizations which are USAID grantees or contractors to place funds made available to them under this Act in interest bearing accounts in order to enhance their participation in debt-for-development and debt-for-nature exchanges.
(Sec. 628) Directs the Administrator of USAID to require foreign countries that receive foreign assistance which results in the generation of local currencies to deposit such currencies in a separate account to be used to finance foreign assistance activities.
(Sec. 629) Requires the President to submit to the Committees a plan for the distribution of the assets of an Enterprise Fund before any distribution resulting from liquidation, dissolution, or winding up of the Fund.
(Sec. 630) Obligates specified funds under this Act for financial market assistance to countries in transition.
(Sec. 631) Declares that provisions under this or any other Act authorizing appropriations for foreign operations or export financing shall not be construed to prohibit activities authorized by the Peace Corps Act, the Inter-American Foundation Act, or the African Development Foundation Act. Requires an agency to report to the Committees whenever it is conducting or proposing activities in a country for which such assistance is prohibited.
(Sec. 632) Prohibits the use of funds under titles II-V of this Act to provide: (1) financial incentives to a business to relocate outside the United States if doing so will reduce the number of U.S. employees; or (2) assistance for any program that contributes to the violation of internationally recognized workers rights in the recipient country.
(Sec. 633) Directs the Secretary to report to the Committees detailing the total amount of FY2006 U.S. government expenditures, by federal agency, for programs and activities in each foreign country, identifying the line item as presented in the President's Budget Appendix and the purpose for which funds were provided.
(Sec. 634) Allows funds appropriated under titles II-V of this Act for Afghanistan to be made available notwithstanding specified restrictions on: (1) assistance to countries in payment default to the United States; and (2) law enforcement assistance.
Allows funds appropriated under titles II-III of this Act to be made available to: (1) Iraq, Lebanon, Montenegro, and Pakistan; (2) war victims; (3) displaced children; (4) displaced Burmese; and (5) victims of trafficking in persons and to combat such trafficking.
Authorizes the use of foreign assistance funds to support tropical forestry and biodiversity conservation programs and energy programs aimed at reducing greenhouse gas emissions.
Authorizes USAID to: (1) employ up to 25 personal services contractors in the United States to provide support for specified new or expanded overseas programs until permanent direct hire personnel are hired and trained; and (2) make an exception to the fair opportunity process under an indefinite-quantity contract for a small or disadvantaged business.
Amends the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 2005 to extend the provision considering certain Vietnamese nationals to be refugees of special humanitarian concern for purposes of eligibility for in-country refugee processing in Vietnam through FY2009.
Expands authorities under the Foreign Assistance Act of 1961 for civilian police assistance for a regional, district, municipal, or other sub-national entity emerging from instability.
Makes funds under this Act available to American educational institutions for programs and activities in the Peoples Republic of China (PRC) relating to the environment, democracy, and the rule of law.
Obligates specified funds managed by the Bureau for Democracy, Conflict, and Humanitarian Assistance of USAID as a general contribution to the World Food Program.Amends the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1990 to extend application and reapplication authority through FY2008 for aliens seeking to qualify under specified refugee categories.
Obligates specified funds for: (1) capital security cost-sharing fees of the Library of Congress for FY2008; (2) foreign prison improvements; and (3) the program for research and training on Eastern Europe and the Independent States of the Former Soviet Union.
Makes funds available for programs to demobilize and reintegrate into civilian society former combatants of foreign governments or organizations who have renounced involvement or participation in such organizations.
Extends the International Broadcasting Bureau personal services contracting pilot program through December 31, 2008.
Increases funding for U.S. participation in the Transatlantic Legislators' Dialogue.
Extends OPIC investment insurance, investment guaranty, and direct investment authorities through April 1, 2008.
(Sec. 635) Expresses the sense of Congress that: (1) the Arab League boycott of Israel (reinstated in 1997), and the secondary boycott of American firms that have commercial ties with Israel, is an impediment to regional peace and to U.S. investment and trade in the Middle East and North Africa and should be terminated; and (2) the President should report annually to Congress on steps taken to encourage Arab League states to normalize their relations with Israel to end the boycott.
(Sec. 636) Declares that restrictions on assistance to foreign countries contained in titles II-V of this Act or any other Act (except those relating to international terrorism or human rights violations) shall not be construed to restrict assistance: (1) in support of certain programs of nongovernmental organizations; or (2) under specified provisions of the Agricultural Trade Development and Assistance Act of 1954.
(Sec. 637) Authorizes the reprogramming of earmarked appropriations for other programs within the same account provided certain requirements are met.
Sets forth requirements with respect to ceilings and earmarks of appropriations under this Act.
(Sec. 638) Obligates specified funds under this Act for Cambodia, the Philippines, Vietnam, Asia and Near East Regional, and Regional Development Mission/Asia.
Directs the Secretary of the Treasury to use U.S. influence in each appropriate international financial institution in which the United States participates to oppose and vote against the extension of any loan or financial or technical assistance or any other utilization of funds for Burma.
Obligates specified funds under this Act for: (1) democracy activities in Burma; (2) Burmese student groups and other organizations outside Burma; (3) humanitarian assistance to displaced Burmese along Burma's borders; and (4) community-based organizations in Thailand to provide humanitarian assistance to internally displaced persons in eastern Burma.
Directs the Secretary of the Treasury to instruct U.S. executive directors to international financial institutions to support projects in Tibet if such projects do not provide incentives for the migration and settlement of non-Tibetans into Tibet or facilitate the transfer of ownership of Tibetan land and natural resources to non-Tibetans.
Obligates funds for nongovernmental organizations to support activities which preserve cultural traditions and promote sustainable development and environmental conservation in Tibetan communities in the Tibetan Autonomous Region and in other Tibetan communities in the PRC, including National Endowment for Democracy programs.
(Sec. 639) Prohibits the use of funds for publicity or propaganda purposes within the United States that were not authorized before the enactment of this Act.
(Sec. 640) Prohibits the use of funds under this Act to pay any assessments, arrearages, or dues of any U.N. member (including costs for attendance of another country's delegation at international conferences held under the auspices of multilateral or international organizations).
(Sec. 641) Prohibits the provision of funds under titles II-V of this Act to a nongovernmental organization or contractor that fails to provide any document, file, or record necessary for USAID auditing requirements.
(Sec. 642) Prohibits the provision of funds under titles II-V of this Act to any foreign government that provides lethal military equipment (under a contract entered into after October 1, 1997) to a country that the Secretary has determined has a terrorist government unless the President reports to the appropriate committees that such assistance is in the U.S. national interest.
(Sec. 643) Withholds assistance to a foreign country in an amount equal to 110% of the total of unpaid property tax and unpaid parking fines and penalties incurred from April 1, 1997-September 30, 2007, and owed by the country to the District of Columbia or New York City.
(Sec. 644) Prohibits the obligation of any appropriations under titles II-V of this Act for the Palestine Liberation Organization (PLO) for the West Bank and Gaza unless the President has exercised certain authorities to suspend prohibitions on assistance to the PLO.
(Sec. 645) Permits the President to provide up to a specified amount of commodities and services to the United Nations War Crimes Tribunal if doing so will contribute to a just resolution of charges regarding genocide or other violations of international law in the former Yugoslavia.
States that funds made available for tribunals other than Yugoslavia, Rwanda, or the Special Court for Sierra Leone (SCSL) shall be made available subject to the regular notification procedures of the Committees.
(Sec. 646) Authorizes disposal on a grant basis in foreign countries of demining equipment used in support of the clearance of land mines and unexploded ordnance for humanitarian purposes.
Limits assistance for cluster munitions.
(Sec. 647) Prohibits, with an exception for acquisition of additional space for the Consulate General in Jerusalem, the obligation of funds appropriated under titles II-V of this Act to create in Jerusalem a new U.S. agency office for the purpose of conducting U.S. business with the PA over Gaza and Jericho (or any successor Palestinian governing entity) provided for in the Israel-PLO Declaration of Principles.
(Sec. 648) Prohibits the obligation of certain funds to pay for: (1) alcoholic beverages; or (2) entertainment expenses for recreational activities.
(Sec. 649) Obligates specified funds under titles III-IV of this Act for Columbia.
Withholds specified amounts of assistance under this Act from the Colombia Armed Forces until the Secretary certifies to the Committees that the government of Colombia and the Colombian Armed Forces have taken specified steps with respect to human rights violations, including extrajudicial killings and paramilitary activities, and the investigation and punishment of those responsible for such actions.
Obligates specified funds for assistance for demobilization and disarmament of former combatants in Columbia.
Prohibits issuance of a visa to any alien who has: (1) provided support to the Revolutionary Armed Forces of Colombia (FARC), the National Liberation Army (ELN), or the United Self-Defense Forces of Colombia (AUC), or successor armed groups; or (2) participated in the commission of gross violations of human rights, including extra-judicial killings, in Colombia.
Waives such prohibition on a case-by-case basis to support the peace process in Colombia or for humanitarian reasons.
(Sec. 650) Prohibits the obligation of any appropriations under this Act for the PLO unless the President certifies to Congress that it is in the U.S. national interest. States that any such waiver shall: (1) not be for more than six months at a time; and (2) not apply beyond 12 months after enactment of this Act. Requires a report to the Committees when such waiver is exercised.
(Sec. 651) Prohibits the use of funds for a country's security forces if the Secretary has credible evidence that they have committed gross violations of human rights unless the Secretary reports to the Committees that such country is taking steps to bring the responsible persons to justice.
(Sec. 652) Requires a specified annual foreign military training report to be submitted by the Secretary of Defense and the Secretary to the Committees by a certain date.
(Sec. 654) Prohibits funds under this Act from being provided to Libya unless the Secretary certifies to the Committees that the government of Libya has made the final settlement payments to the Pan Am 103 victims' families, paid to the LaBelle Disco bombing victims their agreed upon settlement amounts, and is engaging in good faith settlement discussions regarding other terrorism cases.
Directs the Secretary to report to the Committees respecting: (1) Department actions to facilitate such cases' resolution; and (2) U.S. commercial activities in Libya's energy sector.
(Sec. 655) Prohibits the use of funds under titles II-V of this Act from being used to support a Palestinian state unless the Secretary certifies to the appropriate committees that: (1) the Palestinian governing entity has demonstrated a commitment to peaceful coexistence with Israel and is taking measures to counter terrorism; and (2) the PA or a new governing entity is working to establish a lasting peace in the Middle East. Authorizes the President to waive such prohibition in the U.S. national security interest. States that such funding restriction shall not apply to assistance to help reform the PA and affiliated institutions or a newly elected governing entity meet such assistance requirements.
Expresses the sense of Congress that the newly elected governing entity should enact a constitution assuring the rule of law, an independent judiciary, and respect for human rights, and should enact other laws and regulations assuring transparent and accountable governance.
(Sec. 656) Prohibits the use of funds under this Act from being used to provide equipment, technical support, consulting services, or any other assistance to the Palestinian Broadcasting Corporation.
(Sec. 657) Requires the Secretary, prior to obligating economic support funds under this Act for the West Bank or Gaza, to take appropriate steps to ensure that such assistance is not provided to or through any individual or entity that advocates or engages in terrorist activity.
Prohibits funds from being used to honor individuals who commit, or have committed, acts of terrorism.
Requires and obligates funds for program audits.
(Sec. 658) Prohibits the use of funds under titles II-V of this Act for assistance (except humanitarian assistance and assistance for democratization), and requires the Secretary of the Treasury to instruct U.S. executive directors to international financial institutions to vote against the extension of assistance to any country (Bosnia and Herzegovina, Croatia, and Serbia) or entity (Federation of Bosnia and Herzegovina, Kosovo, Montenegro, and the Republika Srpska) that has failed to take steps to implement its international legal obligations to apprehend and transfer to the International Criminal Tribunal for the Former Yugoslavia all persons in their territory who have been indicted by the Tribunal.
(Sec. 659) Directs the Secretary of the Treasury to instruct U.S. executive directors at specified international financial institutions to oppose any loan, grant, strategy, or policy that would require user fees or service charges on poor people for primary education or primary health care, including prevention and treatment efforts for HIV/AIDS, malaria, tuberculosis, and infant, child, and maternal well-being, in connection with the institution's lending programs.
(Sec. 660) Obligates specified FY2008 international organization and program funds for the United Nations Population Fund, except for any country program in the PRC.
Prohibits funding of abortions.
(Sec. 661) Authorizes the use of foreign assistance funds to enhance the effectiveness and accountability of civilian police authority through human rights training, and through the promotion of civilian police roles that support democratic governance, including programs on conflict prevention, police-community relations, disaster assistance, and gender-based violence.
(Sec. 662) Authorizes the President to reduce amounts owed to the United States by eligible countries as a result of: (1) housing guarantees made pursuant to the Foreign Assistance Act of 1961; (2) credits extended or guarantees issued under the Arms Export Control Act; and (3) certain export guarantees for U.S. agricultural commodities. Permits exercise of such authority only: (1) to implement multilateral official debt relief and referendum agreements known as the Paris Club Agreed Minutes; and (2) with respect to countries (IDA-only countries) with heavy debt that are eligible to borrow from the International Development Association (but not from the International Bank for Reconstruction and Development).
Prohibits debt reduction for a country whose government: (1) has an excessive level of military expenditures; (2) has repeatedly provided support for acts of international terrorism; (3) is failing to cooperate on international narcotics control matters; or (4) engages in a pattern of human rights violations.
(Sec. 663) Authorizes the President to engage in certain debt buybacks or sales. Authorizes sale, reduction, or cancellation of certain loans to foreign governments upon payment from an eligible purchaser that plans to use such loans only for: (1) debt-for-equity swaps, debt-for-development swaps, or debt-for-nature swaps; or (2) debt buyback by an eligible country if such country uses specified amounts of local currency to support activities that link conservation with local community development and child development activities. Limits such authority to funds appropriated by this Act under the heading of debt restructuring.
(Sec. 664) Obligates specified funds for basic education in developing countries.
Establishes within the Office of the Secretary a Coordinator of U.S. government activities to provide basic education assistance in developing countries.
Directs the President to develop a comprehensive strategy for providing basic education assistance in developing countries.
(Sec. 665) Obligates specified funds for religious, ethnic, and political reconciliation programs.
(Sec. 666) Prohibits funds appropriated under this Act from being used for the government of Sudan (which shall not include the government of Southern Sudan), or for the cost of modifying loans and loan guarantees held by the government of Sudan unless the Secretary certifies to the Committees that the government of Sudan: (1) is ending attacks upon civilians and disarming and demobilizing the Janjaweed and other government-supported militias, and honoring cease-fire agreements; and (2) is allowing unimpeded humanitarian access to Darfur.
States that such prohibition shall not apply to: (1) humanitarian assistance; (2) assistance for Darfur, Southern Sudan, Southern Kordofan/Nuba Mountains State, Blue Nile State and Abyei; and (3) assistance to implement the Comprehensive Peace Agreement.
Obligates specified funds for USAID administrative expenses in Chad.
(Sec. 667) Obligates funds under this Act for trade capacity building.
(Sec. 668) Authorizes the withholding of specified funds for a U.S. contribution to any U.N. agency if the Secretary reports to the Committees that such agency does not provide for public disclosure of budgets, audits, and other procurement information.
Withholds specified funds for a U.S. contribution to the United Nations Development Program (UNDP) until the Secretary reports to the Committees that the UNDP is: (1) giving adequate access to information to the U.S. Mission to the United Nations regarding UNDP programs and activities, including in North Korea and Burma; (2) conducting appropriate oversight of UNDP programs and activities; and (3) implementing the whistleblower protection policy.
Withholds specified funds for the World Bank until the Secretary of the Treasury reports to the Committees that the Bank: (1) has made publicly available financial disclosure forms of senior Bank personnel; (2) has established a plan for conducting independent audits of internal management controls and procedures for meeting operational objectives; (3) is adequately staffing and sufficiently funding the Department of Institutional Integrity; (4) has made publicly available Department of Institutional Integrity reports; and (5) is implementing the "Volker Panel" report.
Withholds specified funds for the World Bank until the Secretary of the Treasury reports to the Committees that the Bank has completed specified anticorruption measures.
Prohibits funds under this Act from being made available to a country whose government does not make its national budget public each year. Authorizes the Secretary to waive such prohibition if in the U.S. national interest.
(Sec. 669) Authorizes the transfer of excess defense articles to Albania, Afghanistan, Bulgaria, Croatia, Estonia, Former Yugoslavia Republic of Macedonia, Georgia, India, Iraq, Kazakhstan, Kyrgyzstan, Latvia, Lithuania, Moldova, Mongolia, Pakistan, Romania, Slovakia, Tajikistan, Turkmenistan, and Ukraine.
(Sec. 670) Requires that, where appropriate, certain programs funded under this Act for police, judicial, and military training address gender-based violence.
(Sec. 671) Prohibits specified funds under this Act from being used to assist the government of a country that is a party to the International Criminal Court (ICC) and has not entered into an agreement with the United States preventing the ICC from proceeding against U.S. personnel present in such country.
Authorizes, and sets forth the conditions under which, the President may waive such prohibition for national security purposes with respect to: (1) a NATO country or a major non-NATO ally (including Australia, Egypt, Israel, Japan, Jordan, Argentina, the Republic of Korea, and New Zealand), Taiwan, or other determined country; (2) a country which has entered into an agreement with the United States pursuant to the Rome Statute preventing the ICC from proceeding against U.S. personnel present in such country; and (3) a country that is eligible for assistance under the Millennium Challenge Act of 2003.
(Sec. 672) Obligates specified child health and development assistance funds for El Salvador, Guatemala, Nicaragua, Honduras, Ecuador, Peru, Bolivia, Brazil, the Dominican Republic, Latin America and Caribbean Regional, Central America Regional, and South America Regional.
Makes the government of Haiti eligible to purchase U.S. defense articles and services for its Coast Guard.
Prohibits the use of funds under this Act for the transfer of U.S. weapons, ammunition, or other lethal property to the Haitian National Police until the Secretary certifies to the Committees that: (1) any members of the Haitian National Police alleged to have committed serious crimes, including drug trafficking and human rights violations, have been suspended; and (2) the Haitian government is cooperating with a U.N. sponsored police and judicial reform plan.
Obligates: (1) specified funds for Haiti; (2) specified economic support and military funds for Guatemala; and (3) specified funds for labor and environmental capacity building activities relating to the free trade agreements with countries of Central America and the Dominican Republic.
(Sec. 673) Directs the Secretary of the Treasury to instruct the U.S. executive director to each international financial institution to vote against loan extensions to the government of Zimbabwe, except to meet basic human needs or to promote democracy, unless the Secretary of State certifies to the Committees that the rule of law has been restored in Zimbabwe.
(Sec. 674) Establishes within USAID the development grants program to provide small grants to U.S. and indigenous nongovernmental organizations for specified purposes under the Foreign Assistance Act of 1961.
(Sec. 675) Makes specified funds for the Government Accountability Office (GAO) to monitor earthquake and hurricane relief in Central America, El Salvador, Columbia, and the Caribbean available to monitor other disaster assistance relief.
(Sec. 676) Authorizes specified funds under this Act for USAID to hire up to 175 persons per fiscal year on a limited appointment basis in the United States and abroad. Conditions such hirings upon an equivalent elimination of USAID nondirect-hire employees. Terminates such authority on September 30, 2009.
Authorizes USAID to use specified amounts from such funds for overseas support costs of Foreign Service members of rank four or below to reduce USAID reliance on nondirect-hire employees.
Authorizes specified funds under title III of this Act for the costs of persons detailed or employed by USAID to carry out natural disaster response programs.
(Sec. 677) Authorizes the transfer of certain funds under this Act for OPIC.
(Sec. 678) Directs the Secretary to report to the Committees by April 1, 2008, and for each fiscal quarter thereafter, on fund use under the following headings: (1) foreign military financing; (2) international military education and training; and (3) peacekeeping operations.
(Sec. 679) States that foreign military financing funds under this Act above a specified amount may be made available for Indonesia only if the Secretary certifies to the Committees that: (1) the government of Indonesia is prosecuting Armed Forces members who have committed gross human rights violations in East Timor and elsewhere; (2) the Armed Forces are cooperating with civilian judicial authorities and with international efforts to resolve cases of gross human rights violations; (3) Indonesia is allowing public access to Papua; and (4) Indonesia is pursuing the investigation of Munir Said Thalib's murder.
Obligates specified funds for Indonesian human rights organizations.
(Sec. 680) Prohibits funds under this Act from being used to enter into permanent U.S.-Iraq basing rights agreements.
(Sec. 681) Prohibits funds under this Act from being used to support or justify the use of torture by any U.S. official official or contract employee.
(Sec. 682) Directs the Secretary to report to the Committees respecting the Indonesian military and steps taken by the Indonesian government to suspend and prosecute military members involved in human rights abuses.
(Sec. 683) Prohibits funds under this Act for the Department, other than funds for narcotics control and law enforcement, refugee assistance, or antiterrorism activities, from being used to assist the government of a country with which the United States has an extradition treaty and refuses to extradite to the United States any individual charged with a criminal offense for which the maximum penalty is life imprisonment without parole, or for killing a law enforcement officer. Authorizes a national security waiver of such prohibition.
(Sec. 684) Obligates specified development assistance funds for biodiversity activities in developing countries, including amounts for: (1) activities in Brazil, Colombia, Ecuador, Peru, Bolivia, and Southern Sudan; (2) the Amazon Basin Conservation Initiative; (3) the Congo Basin Forest Partnership; and (4) the United States Fish and Wildlife Service for programs in Central Africa.
Obligates funds for clean energy and climate change programs in developing countries.
Directs the Secretary of the Treasury to inform international financial institutions and the public that it is U.S. policy that any assistance by such institutions for the extraction and export of oil, gas, coal, timber, or other natural resource should not be provided unless the government of the country has or is taking steps to establish functioning systems for: (1) revenue and expenditure accounting; (2) independent auditing; and (3) verifying government receipts against company payments.
Directs the Secretary of the Treasury to report to the Committees describing for each international financial institution the amount and type of assistance provided, by country, for the extraction and export of oil, gas, coal, timber, or other national resource since September 30, 2006.
(Sec. 685) Makes funds under this Act for the government of Uzbekistan available only if the Secretary reports to the Committees that: (1) Uzbekistan is making substantial progress in meeting its commitments under the Declaration on the Strategic Partnership and Cooperation Framework Between the Republic of Uzbekistan and the United States of America, including respect for human rights, establishing a genuine multiparty system, ensuring free elections; and providing freedom of expression and media independence; and (2) an international investigation of the May 2005 Andijan shootings is underway.
Applies visa sanctions against officials of the government of Uzbekistan identified by the Secretary as having been involved in the Andijan shootings or other human rights violations in Uzbekistan.
(Sec. 686) Prohibits the use of funds appropriated under this Act for the government of the Russian Federation unless the President certifies to the Committees that the government of the Russian Federation: (1) has not implemented any statute or similar government action that would discriminate against religious groups or religious communities in the Russian Federation; and (2) is honoring obligations respecting freedom of expression; and (3) is prosecuting law enforcement personnel who have committed human rights abuses. Authorizes a national security waiver of such prohibition.
(Sec. 687) States that Congress reaffirms its support for the efforts of the International Criminal Tribunal for Rwanda (ICTR) and the Special Court for Sierra Leone (SCSL) to bring to justice individuals responsible for war crimes and crimes against humanity.
States that funds appropriated by this Act, including funds for debt restructuring, may be made available to the central government of a country in which individuals indicted by ICTR and SCSL are credibly alleged to be living if the Secretary reports to the Committees that such government is cooperating with ICTR and SCSL. Authorizes the President, with prior congressional notice, to waive such requirements in the U.S. national interest.
(Sec. 688) Authorizes the Secretary to carry out a program to combat piracy in countries that are not members of the Organization for Economic Cooperation and Development (OECD). Obligates specified FY2008 narcotics control and law enforcement funds for such activities.
(Sec. 689) Obligates specifies child health funds for control of neglected diseases, including intestinal parasites, schistosomiasis, lymphatic filariasis, onchocerciasis, trachoma, and leprosy.
(Sec. 690) States that specified amounts of foreign military financing appropriations under this Act shall not be made available for Egypt until the Secretary certifies to the Committees that the government of Egypt has taken steps to: (1) enact a new judicial authority law that protects the independence of the judiciary; (2) review criminal procedures and train police leadership in modern policing to curb police abuses; and (3) destroy the smuggling network and smuggling tunnels from Egypt to Gaza.
(Sec. 691) Amends the Immigration and Nationality Act to revise provisions respecting the Secretary's authority to waive terrorist-related grounds of inadmissibility.
States that the Karen National Union/Karen Liberation Army, the Chin National Front/Chin National Army, the Chin National League for Democracy, the Kayan New Land Party, the Arakan Liberation Party, the Mustangs, the Alzados, the Karenni National Progressive Party, and appropriate groups affiliated with the Hmong and the Montagnards shall not be considered to be a terrorist organization on the basis of any act or event occurring before the date of enactment of this section.
Designates the Taliban as a terrorist organization.
Directs the Secretary of Homeland Security to report to the appropriate committees respecting: (1) the number of aliens subject to removal for providing support to terrorist groups who allege that such support was provided under duress; (2) the terrorist groups involved; and (3) factors considered by the Department of Homeland Security (DHS) in duress waver evaluations.
(Sec. 692) Directs the Secretary to report to the Committees respecting corruption levels in each country that receives development assistance appropriated in this Act.
(Sec. 693) States that specified funds under this Act should be made available for programs to promote democracy, the rule of law, and governance in Iran.
(Sec. 694) Prohibits funds under this Act from being used in violation of the prohibition against granting visas to nationals of countries that are denying or delaying accepting aliens removed from the United States.
(Sec. 695) Prohibits funds under this Act from being made available for the United Nations Human Rights Council unless the President certifies to the appropriate congressional committees that: (1) the provision of such funds is in the U.S. national interest; or (2) the United States is a Council member.
(Sec. 696) Prohibits funds under this Act from being used to pay for the attendance of more than 50 federal employees stationed in the United States to any single international conference outside the United States unless such attendance is in the national interest.
(Sec. 697) Prohibits assistance under this Act for Saudi Arabia unless the President certifies to the Committees prior to the obligation of any funds that Saudi Arabia is cooperating with antiterrorism efforts and that such assistance will facilitate such efforts.
(Sec. 698) Makes funds under this Act available for the government of Kazakhstan only if the Secretary reports to the Committees that Kazakhstan has made significant human rights improvements. Authorizes the Secretary to waive such prohibition if in the U.S. national interest.
Directs the Secretary to report to the Committees respecting defense articles, defense services, and financial assistance (and their use) provided by the United States to Uzbekistan, Kazakhstan, Kyrgyz Republic, Tajikistan, and Turkmenistan.
(Sec. 699) Obligates specified funds under this Act for USAID activities for persons with disabilities in developing countries.
(Sec. 699A) Obligates specified funds under title III of this Act for programs for orphans and displaced and abandoned children.
(Sec. 699B) Establishes within the Department an Advisor for Activities Relating to Indigenous Peoples Internationally who shall advise the Director of United States Foreign Assistance and the Administrator of USAID on matters relating to indigenous peoples, and who should represent the U.S. government on such matters in meetings with foreign governments and multilateral institutions. Obligates funds for such activities.
(Sec. 699C) Prohibits, with a national interest waiver, military assistance funds and equipment from being made available to the government of a country identified by the Department as having governmental armed forces or government supported armed groups that recruit or use child soldiers.
Authorizes the Secretary to provide such otherwise prohibited assistance upon certifying to the Committees that a government has implemented measures to demobilize children from its forces or from government-supported armed groups and prevent their future recruitment.
(Sec. 699D) Makes funds appropriated by this Act available for assistance for Serbia after May 31, 2008, if the President certifies to the Committees that the government of Serbia is: (1) cooperating with the International Criminal Tribunal for Yugoslavia, including access for investigators, provision of documents, and the surrender and transfer of indictees or assistance in their apprehension, including Ratko Mladic and Radovan Karadzic; (2) taking steps to end Serbian financial, political, security and other support to maintain separate Republika Srpska institutions; and (3) taking steps to implement policies which reflect a respect for minority rights and the rule of law.
States that such requirements shall not apply to Kosovo, humanitarian assistance, or assistance to promote democracy.
(Sec. 699E) States that foreign military financing program funds under this Act above a specified amount may be made available for assistance for the Philippines only if the Secretary certifies to the Committees that: (1) the Philippine government is implementing the recommendations of the United Nations Special Rapporteur on Extrajudicial, Summary or Arbitrary Executions; (2) the Philippine government is promoting military personnel who demonstrate professionalism and respect for human rights, and is prosecuting military personnel and others who have committed extrajudicial executions or other human rights violations; and (3) the Philippine military is not engaging in acts of intimidation or violence against members of legal organizations who advocate for human rights.
(Sec. 699F) Obligates specified military funds under this Act for Pakistan for counter-terrorism and law enforcement activities directed against Al Qaeda and the Taliban and associated terrorist groups.
Obligates additional military funds for Pakistan after the Secretary reports to the Committees that the government of Pakistan is: (1) making effective efforts to prevent the Taliban, Al Qaeda, and associated terrorist groups from operating in Pakistan; and (2) implementing democratic reforms.
(Sec. 699G) Prohibits specified military funds under this Act from being made available, defense export license issued, and military equipment or technology sold or transferred to Sri Lanka unless the Secretary certifies to the Committees that: (1) the Sri Lankan military is suspending and the Sri Lankan government is bringing to justice members of the military who have committed gross violations of human rights, including extrajudicial executions, and the recruitment of child soldiers; (2) Sri Lanka is providing countrywide access to humanitarian organizations and journalists; and (3) Sri Lanka has agreed to the establishment of a field presence of the Office of the United Nations High Commissioner for Human Rights in Sri Lanka.
Exempts maritime and air surveillance and communications assistance from such prohibition.
(Sec. 699H) Directs the Secretary of the Treasury to instruct the U.S. Executive Director to the World Bank to use U.S. influence to achieve transparency reforms in the selection process of the World Bank Inspection Panel.
Extends funding through FY2010 for: (1) U.S. contributions to the Heavily Indebted Poor Countries (HIPC) Trust Fund; and (2) cancellation of related debt.
(Sec. 699I) Directs the Chief Executive Officer of the Millennium Challenge Corporation to report the Committees on the proposed uses, on a country-by-country basis, of all funds under the heading "Millennium Challenge Corporation" making appropriations for foreign operations, export financing, and related programs projected to be obligated and expended in FY2008 and subsequent fiscal years.
(Sec. 699J) Amends the National Defense Authorization Act for Fiscal Year 2006 to provide for the carry forward of unused special immigrant visas.
(Sec. 699K) Prohibits funds made available under this Act from being made available for assistance for Iraq.
Exempts from such prohibition certain funds for: (1) rescue of Iraqi scholars: (2) removal and disposal of land mines and other unexploded ordnance, small arms and light weapons in Iraq; or (3) assistance for refugees and internally displaced persons.
(Sec. 699L) Directs the Secretary to maintain a list of foreign officials and their immediate family members who have been involved in corruption relating to the extraction of natural resources in their countries. Makes such persons ineligible for U.S. admission. Authorizes waiver of such prohibition.
(Sec. 699M) Directs the the President to submit to Congress a comprehensive nuclear threat reduction and security plan.
(Sec. 699N) Prohibits funds under this Act from being used to promote the sale or export of tobacco or tobacco products, or to seek the reduction or removal by any foreign country of restrictions on the marketing of tobacco or tobacco products, except for restrictions which are not applied equally to all tobacco or tobacco products of the same type.
(Sec. 699O) Rescinds: (1) certain Export-import Bank funds for tied-aid grants under P.L. 107-115 and in prior Acts making appropriations for foreign operations, export financing, and related programs; and (2) certain economic support funds appropriated in prior Acts for foreign operations, export financing, and related programs.
(Sec. 699P) Rescinds (with an exception) .81% of the FY2008 budget authority for any discretionary account in this Act, to be applied proportionately as provided for by this section.
Division K: Transportation, Housing and Urban Development, and Related Agencies Appropriations Act, 2008 - Title I: Department of Transportation - Department of Transportation Appropriations Act, 2008 - Makes appropriations for FY2008 to the Department of Transportation, including: (1) the Office of the Secretary; (2) the Federal Aviation Administration (FAA); (3) the Federal Highway Administration; (4) the Federal Motor Carrier Safety Administration; (5) the National Highway Traffic Safety Administration (NHTSA); (6) the Federal Railroad Administration; (7) the Federal Transit Administration (FTA); (8) the Saint Lawrence Seaway Development Corporation; (9) the Maritime Administration; (10) the Pipeline and Hazardous Materials Safety Administration; (11) the Research and Innovative Technology Administration; (12) the Office of Inspector General; and (13) the Surface Transportation Board.
(Sec. 103) Prohibits the obligation or obligation of funds to establish or implement a program under which essential air service (EAS) communities are required to assume subsidy costs commonly referred to as the EAS local participation program.
(Sec. 110) Prohibits the use of funds to compensate more than 425 technical staff-years under the federally funded research and development center contract between the FAA and the Center for Advanced Aviation Systems Development during FY2008.
(Sec. 111) Prohibits the use of funds to pursue or adopt guidelines or regulations requiring airport sponsors to provide to the FAA 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. Exempts from this prohibition any negotiations between the agency and airport sponsors to achieve agreement on "below-market" rates for these items or to grant assurances that require airport sponsors to provide land without cost to the FAA for air traffic control facilities.
(Sec. 112) Authorizes the FAA Administrator to reimburse amounts made available to credit a certain account to carry out the essential air service program from fees credited to the FAA.
Makes inapplicable to FY2008 certain requirements for the use of fee proceeds for funding for small community air service, especially rural air safety improvement and rural airport projects.
(Sec. 113) Requires that amounts collected for safety-related training and operational services to foreign aviation authorities 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) Extends through certain dates in 2008: (1) any aircraft insurance policy; and (2) waiver of air carrier liability for third party claims arising out of acts of terrorism.
(Sec. 115) Bars the use of funds to change weight restrictions or prior permission rules at Teterboro airport in Teterboro, New Jersey.
(Sec. 116) Amends the Internal Revenue Code to extend through February 29,2008: (1) the excise taxes on aviation fuels and air transportation of persons and property for funding the Airport and Airway Trust Fund; and (2) the expenditure authority for such Trust Fund.
(Sec. 117) Subjects certain covered airline employees involved in the merger of two or more air carriers to certain labor protections.
(Sec. 120. Prohibits for FY2008 distribution from the obligation limitation for federal-aid highways amounts authorized for specified administrative expenses and programs. Prescribes a formula for determining certain distributions of the obligation limitation. Specifies exceptions from the limitation, as well as its applicability to transportation research programs. Requires redistribution of certain authorized funds. Authorizes the obligation for any other listed project in the same state of obligation authority distributed for specified projects listed in the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU).
(Sec. 121) Allows crediting to the federal-aid highways account of funds received by the Bureau of Transportation Statistics from the sale of data products, in order to reimburse the Bureau for necessary expenses incurred.
(Sec. 122) Rescinds specified funds made available: (1) for certain transportation projects; (2) for certain high priority projects; (3) for infrastructure finance and administrative expenses of the Federal Highway Administration; (4) for implementation of programs for transportation research, training and education, and technology deployment including intelligent transportation systems; (5) for highway related safety grants; (6) under certain Department of Transportation (DOT) appropriations Acts; (7) for truck parking facilities along the National Highway System; and (8) for establishment of the Highways for LIFE Pilot Program and the Innovative Bridge Research and Construction Program.
(Sec. 129) Directs the Secretary of Transportation (Secretary) to set aside from revenue aligned budget authority certain federal-aid highway funds for programs, projects, and activities at a level of 98% of the corresponding amounts identified under this section in the explanatory statement accompanying this Act. Requires such set aside, at the request of a state, to be transferred by the Secretary to another federal agency.
(Sec. 130) Requires the Secretary to make an informal public notice and comment opportunity before waiving any Buy America requirement for federal-aid highway projects.
(Sec. 135) Subjects funds appropriated or limited in this Act to certain safety examination and other requirements of the Department of Transportation and Related Agencies Appropriations Act, 2002 and the U.S. Troop Readiness, Veterans' Care, Katrina Recovery, and Iraq Accountability Appropriations Act, 2007 relating to Mexico-domiciled motor carriers involved in cross-border trucking between the United States and Mexico, including an annual report on the subject by the Secretary of Transportation to the congressional appropriations committees.
(Sec. 136) Bars the use of funds to establish a cross-border motor carrier demonstration program to allow Mexico-domiciled motor carriers to operate beyond the commercial zones along the international border between the United States and Mexico.
(Sec. 140) Makes certain additional funds available to NHTSA to pay for: (1) travel and related expenses for state management reviews; and (2) core competency development training and related expenses for highway safety staff.
(Sec. 141) Rescinds specified funds made available in prior appropriations Acts for: (1) operations and research; (2) the National Driver Register; (3) Highway Traffic Safety Grants.
(Sec. 150) Declares that funds provided in this Act for the National Railroad Passenger Corporation shall immediately cease to be available to the Corporation in the event that the Corporation contracts to have services provided at or from any location outside the United States. Defines any such service as one that was, as of July 1, 2006, performed by a full-time or part-time Amtrak employee whose base of employment is located within the United States.
(Sec. 151) Requires the Federal Railroad Administrator to report to the congressional appropriations committees on efforts at improving the on-time performance of Amtrak intercity rail service operating on non-Amtrak owned property.
(Sec. 152) Authorizes the Secretary to purchase promotional items of nominal value for use in public outreach activities to carry out solutions to the railroad grade crossing problem and measures to protect pedestrians in densely populated areas along railroad rights of way.
(Sec. 153) Authorizes the Secretary to receive and expend cash, or receive and utilize spare parts and similar items, from non-U.S. Government sources to repair damages to or replace U.S. Government-owned automated track inspection cars and equipment as a result of third party liability for such damages. Requires any amounts so collected to be credited directly to the Safety and Operations account of the Federal Railroad Administration, and remain available until expended for the repair, operation and maintenance of automated track inspection cars and equipment in connection with the automated track inspection program.
(Sec. 160) The limitations on obligations for the programs of the FTA shall not apply to any grant authority previously made available for obligation, or to any other authority previously made available for obligation.
(Sec. 161) Declares that funds made available by this Act for specified FTA capital investment grants and bus and bus facilities projects which are not obligated by September 30, 2010, and other recoveries, shall be made available for other capital investment grant projects.
(Sec. 162) Authorizes certain transfers of any public transportation funds appropriated before October 1, 2007, that remain available for expenditure.
(Sec. 163) Authorizes the use of unobligated FTA capital investment grants funds for new fixed guideway systems projects.
(Sec. 164) Allows the FTA to provide grants for 90% of the net capital cost of a biodiesel bus or a factory-installed or retrofitted hybrid electric bus system in a public transportation bus for FY2008.
(Sec. 165) Directs the Secretary to amend the Full Funding Grant Agreement for the Central Link Initial Segment Project to allow the use of any federal funds remaining in the current budget to support completion of the Airport Link extension.
(Sec. 166) Makes available for bus and bus facilities certain funds provided for a high capacity fixed guideway light rail and mass transit project for the city of Albuquerque, New Mexico.
(Sec. 167) Makes available for public transportation buses (and related equipment and facilities) and intermodal terminals in Albuquerque and Santa Fe, New Mexico, any unobligated FTA capital investment grant funds available for the Commuter Rail, Albuquerque to Santa Fe, New Mexico.
(Sec. 168) Declares that certain funds made available for the Las Vegas Resort Corridor Fixed Guideway Project may be made available to the Regional Transportation Commission of Southern Nevada for bus rapid transit projects and bus and bus-related projects.
(Sec. 169) Amends the Department of Transportation and Related Agencies Appropriations Act, 1986, with respect an Urban Mass Transportation Administration (UMTA) contract with the Southern California Rapid Transit District for a study of the potential methane gas risks related to a proposed alignment of the Metro Rail project beyond the Minimum Operable Segment, MOS-1. Repeals the prohibition against the availability of certain related funds for any segment of the downtown Los Angeles to San Francisco Valley Metro Transit Rail project until the Southern California Rapid Transit District commits to UMTA that no part of the Metro Rail project will tunnel into or through any designated potential or high potential risk zone (for a methane gas explosion and fire in the Fairfax area).
(Sec. 170) Bars the use of funds to issue a final regulation establishing an evaluation and rating process for proposed new fixed guideway capital projects, except the FTA may continue to review comments received on the proposed rule (Docket No. FTA-2006-25737).
(Sec. 171) Makes funds provided to the Putnam County, Florida, for Ride Solutions buses and bus facilities that remain unobligated available to Putnam County to research, develop, test, and deploy a low floor bus to meet the needs of Ride Solution, and small urban and rural operators.
(Sec. 172) Rescinds certain discretionary funds for grants to assist state and local government governments to: (1) finance new fixed guideway capital projects; and (2) develop alternatives analysis as part of the transportation planning process.
(Sec. 176) Prohibits obligations from the construction fund established by the Merchant Marine Act, 1936, or otherwise, in excess of the appropriations and limitations contained in this or any prior appropriations Act.
(Sec. 182) Prohibits the availability of the funds in this Act for salaries and expenses of more than 110 political and Presidential appointees in the DOT. Prohibits any assignment on temporary detail outside the DOT of any of such appointees.
(Sec. 183) Prohibits the use of funds in this Act to implement establishment in the DOT a National Highway Safety Advisory Committee.
(Sec. 184) Prohibits any recipient of funds made available in this Act from disseminating personal information obtained by a state department of motor vehicles in connection with a motor vehicle record, except as permitted under specified federal criminal law.
Prohibits the Secretary, however, from withholding funds provided in this Act for any grantee if a state fails to comply with this prohibition.
(Sec. 187) Authorizes the Secretary to allow the issuer of any preferred stock heretofore sold to the DOT to redeem or repurchase it upon the payment to the Department of an amount the Secretary determines.
(Sec. 188) Requires the Secretary to notify the congressional appropriations committees at least three full business days before announcing any discretionary grant award, letter of intent, or full funding grant agreement totaling $500,000 or more from certain grant programs, including the federal highway emergency relief program, the FAA airport improvement program, or any FTA program other than the formula grants and fixed guideway modernization programs.
(Sec. 190) Provides for the use of funds that the Secretary determines represent improper payments by the DOT to a third party contractor under a financial assistance award, which are recovered pursuant to law.
(Sec. 191) Makes certain funds: (1) for a certain highway bypass demonstration project in the vicinity of Prunedale, California, available for improvement of Route 101 in the vicinity of Prunedale, Monterey County, California; (2) from the Highway Trust Fund (HTF) for the reconstruction of School Road East in Marlboro Township, New Jersey, available for the Spring Valley Road Project in Marlboro Township, New Jersey; (3) from the federal-aid highway program to execute contracts to replace or rehabilitate highway bridges available for East Chicago Road Construction, East Chicago, Indiana, and the remaining unexpended funds made available for Calumet Avenue Grade Separation, Munster, Indiana; and (4) for highway demonstration projects for Routes 70/38 Circle Elimination, New Jersey, available for the Delaware Street Bridge Replacement Project, (CR640) Bridge over Mathews Branch in West Deptford Township, New Jersey.
(Sec. 193) Bars the use of funds by the Surface Transportation Board, when considering cases, matters, or declaratory orders involving a railroad, or an entity claiming or seeking authority to operate as a railroad, to allow the collection and transportation of solid waste at a solid waste rail transfer facility, unless the Board receives assurance from the state Governor that such railroad or entity will be in compliance with state and local health, safety, and environmental regulations.
(Sec. 194) Prohibits the use of funds by the Surface Transportation Board to charge or collect any filing fee for rate complaints filed with the Board in an amount in excess of that authorized for district court civil suit filing fees under the federal judicial code.
(Sec. 195) Directs the Secretary to establish and maintain on the homepage of the DOT's website: (1) a direct link to the website of the Office of Inspector General of the DOT; and (2) a mechanism by which individuals may anonymously report cases of waste, fraud, or abuse with respect to the DOT.
(Sec. 196) Bars the use of funds by the FAA to displace, reassign, reduce the salary of, or subject to a reduction in force (RIF) any employee at the FAA Academy or discontinue the use of the Academy as the primary training facility for air traffic controller training as a result of implementing in its entirety the Air Traffic Control Optimum Training Solution prior to September 30, 2008.
(Sec. 197) Prohibits, with a specified exception, the use of funds made available by this Act to approve a permit application to collect a toll on any portion of a federal highway facility in the state of Texas: (1) that is in existence upon enactment of this Act and on which no toll is collected under a tolling provision on such enactment; or (2) that would result in the federal highway facility having fewer non-toll lanes than before the date on which the toll was first collected.
(Sec. 198) Provides that funding for the Schuylkill Valley Metro project through the Department of Transportation Appropriations Acts for Federal Fiscal Years 2004 and 2005 shall remain available during FY2008.
Title II: Department of Housing and Urban Development - Department of Housing and Urban Development Appropriations Act, 2008 - Makes appropriations for FY2008 to the Housing and Urban Development (HUD), including: (1) the Office of the Secretary; (2) specified executive operations and administrative activities; (3) public and Indian housing; (4) community planning and development; (5) housing programs; (6) the Federal Housing Administration (FHA); (7) the Government National Mortgage Association (Ginnie Mae); (8) policy development and research; (9) fair housing and equal opportunity; (10) the Office of Lead Hazard Control; and (11) the Office of Federal Housing Enterprise Oversight.
(Sec. 201) Requires rescission of 50% of the amounts of budget authority (or in lieu thereof remittance to the Treasury of 50% of the associated cash amounts) that are recaptured from certain state-, local-government, or local housing agency-financed projects under the Stewart B. McKinney Homeless Assistance Amendments Act of 1988. Requires the use of such recaptured budget authority or funds, as well as any budget authority or cash recaptured and not rescinded or remitted to the Treasury, by state housing finance agencies or local governments or local housing agencies with projects approved by the Secretary of Housing and Urban Development (the Secretary in this title) for which settlement occurred after January 1, 1992.
Authorizes the Secretary, all the same, to award up to 15% of the budget authority or cash recaptured and not rescinded or remitted to the Treasury to provide project owners with incentives to refinance their projects at a lower interest rate.
(Sec. 202) Prohibits the use of funds during FY2008 to investigate or prosecute under the Fair Housing Act any otherwise lawful activity engaged in by one or more persons, including the filing or maintaining of a non-frivolous legal action, that is engaged in solely for the purpose of achieving or preventing action by a government official or entity, or a court of competent jurisdiction.
(Sec. 203) Directs the Secretary to make a grant under certain authority of the AIDS Housing Opportunity Act for any state that: (1) received an allocation in a prior fiscal year; but (2) is not otherwise eligible for an FY2008 allocation because the areas in the State outside of qualifying metropolitan statistical areas do not have the number of cases of acquired immunodeficiency syndrome (AIDS) otherwise required.
Prescribes a formula for the allocation of such grants to Jersey City and Paterson, New Jersey.
(Sec. 204) Requires any grant, cooperative agreement, or other assistance made pursuant to this title to be made on a competitive basis and in accordance with the Department of Housing and Urban Development Reform Act of 1989.
(Sec. 205) Makes certain funds available, without regard to limitations on administrative expenses, for: (1) legal services on a contract or fee basis; and (2) payment for services and facilities of the Federal National Mortgage Association (Fannie Mae), Government National Mortgage Association (Ginnie Mae), Federal Home Loan Mortgage Corporation (Freddie Mac), the Federal Financing Bank, Federal Reserve banks, Federal Home Loan banks, and any bank insured under the Federal Deposit Insurance Corporation Act.
(Sec. 207) Authorizes any HUD corporations and agencies subject to the Government Corporation Control Act, as amended, to make expenditures, contracts, and commitments without regard to fiscal year limitations as may be necessary in carrying out the programs set forth in their FY 2008 budgets. Limits the use of collections of these corporations and agencies for new loan or mortgage purchase commitments only to the extent expressly provided for in this Act, except for their the mortgage insurance or guaranty operations, or where loans or mortgage purchases are necessary to protect the financial interest of the U.S. government.
(Sec. 208) Prohibits the obligation or expenditure of the funds provided in this title for technical assistance, training, or management improvements unless HUD describes for the congressional appropriations committees each proposed activity and a detailed budget estimate of the associated program, project or activity costs as part of the Budget Justifications.
(Sec. 209) Directs the HUD Secretary to report quarterly to the congressional appropriations committees regarding all uncommitted, unobligated, recaptured and excess funds in each program and activity within HUD jurisdiction, along with additional, updated budget information upon request.
(Sec. 210) Requires the HUD Secretary to: (1) adjust the funds allocated for FY2008 under the AIDS Housing Opportunity Act to Wilmington, Delaware, on behalf of the Wilmington, Delaware-Maryland-New Jersey Metropolitan Division; and allocate a portion to the state of New Jersey according to a specified formula.
Directs the HUD Secretary to allocate to Wake County, North Carolina, certain funds that otherwise would be allocated for FY2008 under such Act to Raleigh, North Carolina, on behalf of the Raleigh-Cary, North Carolina Metropolitan Statistical Area.
Authorizes the HUD Secretary to: (1) adjust FY2008 allocations under such Act, upon the written request of a grant applicant for a formula allocation on behalf of a metropolitan statistical area; and (2) designate the state or states in which the metropolitan statistical area is located as the eligible grantee(s) of the allocation.
(Sec. 211) Requires the HUD Secretary to report annually no later than August 30, 2008 and annually to the congressional appropriations committees on the number of federally assisted units under lease and their per unit cost to HUD.
(Sec. 213) Declares that amounts available for tenant-based rental assistance and used for non-elderly disabled families or for the Family Unification Program shall, to the extent practicable, remain available for each such respective purpose upon turnover.
(Sec. 214) Declares that a public housing agency (or other entity) that administers federal housing assistance for the Housing Authority of the county of Los Angeles, California, or the states of Alaska, Iowa, or Mississippi shall not be required to include a resident of public housing or a recipient of section 8 rental assistance (under the United States Housing Act of 1937) on the agency or entity board of directors (or similar governing board), as otherwise required by such Act.
Requires each such public housing agency (or other entity) to establish an advisory board, which shall meet at least quarterly, consisting of at least than six residents of public housing or section 8 rental assistance recipients to provide advice and comment on related issues.
(Sec. 215) Authorizes the Secretary for FY2008-FY2009, subject to specified conditions, to authorize the transfer of some or all project-based assistance, debt and statutorily required low-income and very low-income use restrictions, associated with one or more multifamily housing project to another multifamily housing project or projects.
(Sec. 216) Requires that the funds made available for Native American Housing Block Grants in title III of this Act be allocated to the same recipients that received funds in FY2005.
(Sec. 217) Prohibits the use of funds provided under this title for an audit of Ginnie Mae that applies requirements under the Federal Credit Reform Act of 1990.
(Sec. 218) Prohibits any section 8 rental assistance to any individual who: (1) is enrolled as a student at an institution of higher education; (2) is under age 24; (3) is not a veteran; (4) is unmarried; (5) does not have a dependent child; (6) is not a person with disabilities, and was not receiving section 8 assistance of November 30, 2005; and (7) is not otherwise individually eligible, or has parents who, individually or jointly, are not eligible, to receive such assistance.
Declares that, for section 8 rental assistance eligibility purposes, any financial assistance (in excess of amounts received for tuition) that an individual receives under the Higher Education Act of 1965, from private sources, or an institution of higher education shall be considered income to that individual, except for a person over age 23 with dependent children.
(Sec. 219) Authorizes the Secretary through FY2008 to insure and enter into commitments to insure home equity conversion mortgages for elderly homeowners under the National Housing Act.
(Sec. 220) Requires the Secretary during FY2008, in managing and disposing of any multifamily property that is owned or held by HUD, to maintain any section 8 rental assistance payments attached to any dwelling units in the property. Authorizes the Secretary, however, to the extent that such a multifamily property is not feasible for continued section 8 payments, based on consideration of the costs of rehabilitating and operating the property and environmental conditions that cannot be remedied in a cost-effective fashion, to contract, in consultation with the property tenants, for project-based rental assistance payments with an owner or owners of other existing housing properties, or provide other rental assistance.
Requires the Secretary also to take steps to ensure that project-based contracts remain in effect before foreclosure, subject to the exercise of contractual abatement remedies to assist relocation of tenants for imminent major threats to health and safety.
(Sec. 221) Amends the National Housing Act with respect to non-Ginnie Mae-related mortgage insurance eligibility purposes, including insurance for cooperative housing, rehabilitation and neighborhood conservation housing, housing for elderly persons, and condominiums.
Increases from 140% to 170% in most areas, and from 170% to 215% in high cost areas, the percentage increase the Secretary may make in the dollar limitations on the estimated value per family unit of the dwelling use portion of a property or project covered by a mortgage for which insurance is sought.
(Sec. 222) States that, during FY2008, a family residing in an assisted living facility in any county of Michigan with a section 8 rental assistance demonstration program for such facilities, and on behalf of which a public housing agency provides such assistance, may be required, when the family initially receives the assistance, to pay rent in an amount exceeding 40% of the family's monthly adjusted income by any percentage or amount the Secretary of HUD determines appropriate.
(Sec. 223) Authorizes any recipient after December 26, 2000, of a grant for conversion of elderly housing to assisted living facilities, at its option, to: (1) establish a single-asset nonprofit entity to own the project; and (2) lend the grant funds to such entity, which may be a for-profit limited partnership the sole general partner of which is a private nonprofit organization meeting specified requirements, or a corporation wholly owned and controlled by such a private nonprofit organization.
(Sec. 224) Amends the United States Housing Act of 1937 to extend through FY2008 the authorization of appropriations for demolition, site revitalization, replacement housing, and tenant-based assistance project grants to public housing agencies.
(Sec. 225) Authorizes public housing agencies owning and operating 400 or fewer public housing units to elect to be exempt from any asset management requirement imposed by the Secretary in connection with the operating fund rule. Provides, however, that an agency seeking a discontinuance of a reduction of subsidy under the operating fund formula shall not be exempt from asset management requirements.
(Sec. 226) Prohibits the Secretary, with respect to the use of funds for the operation, capital improvement, and management of public housing authorized by the United States Housing Act of 1937, from imposing any asset management requirement or guideline that restricts or limits in any way the use of capital funds for central office costs.
Prohibits a public housing agency, however, from using capital funds authorized for eligible operation and management activities with operating funds in excess of specified permitted amounts.
(Sec. 227 Requires the Secretary to report quarterly to congressional appropriations committees on: (1) the status of all section 8 project-based housing, including the number of all project-based units by region as well as an analysis of all federally subsidized housing being refinanced under the Mark-to-Market program; and (2) HUD's use of all sole source contracts, including terms of the contracts, cost and a substantive rationale for using a sole source contract.
(Sec. 229) Amends the United States Housing Act of 1937 with respect to the treatment of utility and waste management costs under the formula for determining the amount of assistance to public housing agencies from the Public Housing Operating Fund for the operation and management of public housing. Modifies the requirement that a public housing agency receive the full financial benefit from any reduction in the cost of utilities or waste management (savings) resulting from any contract with a third party to undertake energy conservation improvements in one or more of its public housing projects.
Authorizes extension to up to 20 years of the term of a contract currently in repayment whose term is 12 years or less, in order to permit additional energy conservation improvements without requiring the reprocurement of energy performance contractors.
(Sec. 230) Directs the Secretary to increase the number of Moving-to-Work agencies authorized under the Departments of Veterans Affairs and Housing and Urban Development and Independent Agencies Appropriations Act, 1996 by making individually the Alaska Public Housing Agency and the housing authorities of the counties of San Bernardino and Santa Clara and the city of San Jose, California, a Moving-to-Work Agency.
(Sec. 231) Prohibits the Secretary from rescinding or taking any adverse action with respect to the Moving-to-Work program designation for the Housing Authority of Baltimore City based on any alleged administrative or procedural errors in making such designation.
(Sec. 232) Amends the Housing and Community Development Act of 1974 to allow the cities of Alton and Granite City, Illinois, to be considered metropolitan cities for purposes of Community Development Block Grant (CDBG) purposes.
(Sec. 233) Authorizes the use of certain funds to guarantee, or make commitments to guarantee, notes or other obligations issued by any state on behalf of non-entitlement communities subject to the requirements of the Housing and Community Development Act of 1974 with respect to: (1) acquisition or rehabilitation of real property owned by the eligible public entity; (2) housing rehabilitation; (3) specified economic development activities; (4) construction of housing by nonprofit organizations for homeownership; (5) the acquisition, construction, reconstruction, or installation of public facilities; or (6) public works and site or other improvements in the case of colonias.
(Sec. 234) Directs the HUD Secretary to establish on the homepage of the HUD Internet website: (1) a direct link to the Internet website of the HUD Office of Inspector General; and (2) a mechanism by which individuals may anonymously report cases of waste, fraud, or abuse with respect to HUD.
(Sec. 235) Authorizes the Secretary to submit to the relevant authorizing committees and the congressional appropriations committees for FY2007 and FY 2008: (1) a complete and accurate accounting of the actual project-based renewal costs for project-based assistance under section 8 of the United States Housing Act of 1937; (2) revised estimates of the funding needed to fully fund all 12 months of all section 8 project-based contracts, including those that expire in FY2007 and FY2008; and (3) all sources of funding that will be used to fully fund all 12 months of the project-based contracts for such fiscal years.
Requires the Secretary, as part of the HUD budget request for FY2009, to submit to all such committees complete and detailed information, including a project-by-project analysis, that verifies that the budget request will fully fund all section 8 project-based contracts in FY2009, including expiring project-based contracts.
(Sec. 236) Prohibits the designation of any HUD official or employee as an allotment holder unless the Office of the Chief Financial Officer has determined that such allotment holder has: (1) implemented an adequate system of funds control; and (2) received training in funds control procedures and directives.
Requires the Chief Financial Officer to ensure that, within 90 days after enactment of this Act, a trained allotment holder shall be designated for each HUD sub-account under the headings "Executive Direction" and "Administration, Operations, and Management," as well as each account receiving appropriations for "personnel compensation and benefits" within HUD.
(Sec. 237) Requires payment of attorney fees, in program-related litigation, from individual program office personnel benefits and compensation funding.
(Sec. 238) Rescinds specified unobligated balances remaining from funds appropriated to HUD for Tenant-Based Rental Assistance under the Revised Continuing Appropriations Resolution, 2007.
Title III: Independent Agencies - Makes appropriations for FY2008 to: (1) the Architectural and Transportation Barriers Compliance Board; (2) the Federal Maritime Commission; (3) the National Transportation Safety Board; (4) the Neighborhood Reinvestment Corporation; and (5) the U.S. Interagency Council on Homelessness.
Title IV: General Provisions This Act - Specifies certain uses and limits on or prohibitions against the use of funds appropriated by this Act.
(Sec. 401) Requires any sums necessary for FY2008 pay raises for programs funded in this Act to be absorbed within the levels appropriated in this or previous appropriations Acts.
(Sec. 402) Prohibits the use of funds for the planning or execution of any program to pay the expenses of, or otherwise compensate, nonfederal parties intervening in regulatory or adjudicatory proceedings funded in this Act.
(Sec. 407) Requires all federal agencies and departments funded by this Act to report by July 31, 2008, to the congressional appropriations committees on all sole source contracts.
(Sec. 409) Prohibits the use of funds made available in this Act to provide homeownership assistance for or to employ unauthorized aliens (neither lawfully admitted for permanent residence nor authorized to be employed).
(Sec. 411 ) Prohibits the use of funds 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.
(Sec. 412 ) Prohibits the transfer of funds to any federal department, agency, or instrumentality, except pursuant to a transfer made by, or transfer authority provided in, this Act or any other appropriations Act.
(Sec. 413) Prohibits payment of the salary from any appropriation under this Act for any person filling a position (other than temporary) formerly held by an employee who has: (1) left to enter the U.S. Armed Forces; (2) satisfactorily completed his or her period of active military or naval service; (3) within 90 days after release from such service, or from hospitalization continuing after discharge for up to one year, applied for restoration to his former position; and (4) been certified by the Office of Personnel Management (OPM) as still qualified to perform the duties of his or her former position, but not been restored to it.
(Sec. 414) Prohibits the expenditure of funds by an entity unless it agrees that such expenditure will comply with the Buy American Act.
(Sec. 415) Prohibits the availability of funds to any person or entity that has been convicted of violating the Buy American Act.
Division L: Supplemental Appropriations, Defense - Emergency Supplemental Appropriations Act for Defense, 2008 - Title I: Military Personnel - Makes supplemental appropriations for the Department of Defense (DOD) for military personnel in the Army, Navy, Marine Corps, and Air Force (military departments).
Title II: Operation and Maintenance - Makes supplemental appropriations for operation and maintenance (O&M) for: (1) the military departments; (2) DOD; (3) the reserves; (4) the Army and Air National Guards; (5) the Iraq Freedom Fund; (6) the Afghanistan Security Forces Fund; (7) the Iraq Security Forces Fund; and (8) the Joint Improvised Explosive Device Defeat Fund.
Title III: Procurement - Makes supplemental appropriations for procurement for the military departments and DOD.
Title IV: Revolving and Management Funds - Makes supplemental appropriations for Defense Working Capital Funds.
Title V: Other Department of Defense Programs - Makes supplemental appropriations for: (1) the Defense Health Program; and (2) defense drug interdiction and counter-drug activities.
Title VI: General Provisions - (Sec. 603) Authorizes the Secretary of Defense (Secretary, for purposes of this title), in the national interest, to transfer between appropriations up to $4 billion of the funds made available to DOD in this Act. Requires congressional notification of each transfer.
(Sec. 606) Earmarks specified DOD funds for the Commander's Emergency Response Program (urgent humanitarian relief and reconstruction in Iraq) and a similar program in Afghanistan. Requires quarterly reports from the Secretary to the defense committees on the use of such funds.
(Sec. 607) Allows FY2008 DOD O&M funds to be used to provide supplies, services, transportation, and other logistical support to coalition forces supporting military and stability operations in Iraq and Afghanistan. Requires quarterly reports from the Secretary to the defense committees on the use of such funds.
(Sec. 609) Directs the Secretary to report quarterly to Congress a comprehensive set of performance indicators and measures for progress toward military and political stability in Iraq.
(Sec. 610) Designates each amount appropriated in this Division as an emergency requirement pursuant to provisions of the concurrent resolution on the budget for fiscal year 2008.
(Sec. 612) Prohibits funds from this Division from being used to enter into an agreement with the government of Iraq that would subject members of the U.S. Armed Forces to the jurisdiction of Iraq criminal courts or punishment under Iraq law.
(Sec. 613) Authorizes the Secretary of the Army to reimburse a member of the Army (or a family member) for good faith expenses incurred in preparation for or execution of military orders.