Omnibus Appropriations bill

Making appropriations for the Department of State, foreign operations, and related programs for the fiscal year ending September 30, 2008, and for other purposes.

12/26/2007--Public Law. 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 - Authorizes 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 - Authorizes 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 - Authorizes 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