[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5576 Reported in Senate (RS)]
Calendar No. 535
109th CONGRESS
2d Session
H.R. 5576
[Report No. 109-293]
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
June 15, 2006
Received; read twice and referred to the Committee on Appropriations
July 26, 2006
Reported by Mr. Bond, with an amendment
[Strike out all after the enacting clause and insert the part printed
in italic]
Rule___________________________________________________________________
AN ACT
Making appropriations for the Departments of Transportation, Treasury,
and Housing and Urban Development, the Judiciary, District of Columbia,
and independent agencies for the fiscal year ending September 30, 2007,
and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
\\
That the following sums are appropriated, out of any money in the
Treasury not otherwise appropriated, for the Departments of
Transportation, Treasury, Housing and Urban Development, the Judiciary,
and independent agencies for the fiscal year ending September 30, 2007,
and for other purposes, namely:
TITLE I
DEPARTMENT OF TRANSPORTATION
Office of the Secretary
salaries and expenses
For necessary expenses of the Office of the Secretary, $92,742,000,
of which not to exceed $2,255,000 shall be available for the immediate
Office of the Secretary; not to exceed $717,000 shall be available for
the immediate Office of the Deputy Secretary; not to exceed $15,681,000
shall be available for the Office of the General Counsel; not to exceed
$11,934,000 shall be available for the Office of the Under Secretary of
Transportation for Policy; not to exceed $10,002,000 shall be available
for the Office of the Assistant Secretary for Budget and Programs; not
to exceed $2,319,000 shall be available for the Office of the Assistant
Secretary for Governmental Affairs; not to exceed $25,108,000 shall be
available for the Office of the Assistant Secretary for Administration;
not to exceed $1,932,000 shall be available for the Office of Public
Affairs; not to exceed $1,478,000 shall be available for the Office of
the Executive Secretariat; not to exceed $707,000 shall be available
for the Board of Contract Appeals; not to exceed $1,286,000 shall be
available for the Office of Small and Disadvantaged Business
Utilization; not to exceed $7,042,000 for the Office of Intelligence,
Security, and Emergency Response; not to exceed $12,281,000 shall be
available for the Office of the Chief Information Officer: Provided,
That the Secretary of Transportation is authorized to transfer funds
appropriated for any office of the Office of the Secretary to any other
office of the Office of the Secretary: Provided further, That no
appropriation for any office shall be increased or decreased by more
than 5 percent by all such transfers: Provided further, That notice of
any change in funding greater than 5 percent shall be submitted for
approval to the House and Senate Committees on Appropriations: Provided
further, That not to exceed $60,000 shall be for allocation within the
Department for official reception and representation expenses as the
Secretary may determine: Provided further, That notwithstanding any
other provision of law, excluding fees authorized in Public Law 107-71,
there may be credited to this appropriation up to $2,500,000 in funds
received in user fees: Provided further, That none of the funds
provided in this Act shall be available for the position of Assistant
Secretary for Public Affairs.
office of civil rights
For necessary expenses of the Office of Civil Rights, $8,820,900.
transportation planning, research, and development
For necessary expenses for conducting transportation planning,
research, systems development, development activities, and making
grants, to remain available until expended, $9,334,000.
working capital fund
Necessary expenses for operating costs and capital outlays of the
Working Capital Fund, not to exceed $123,418,000, shall be paid from
appropriations made available to the Department of Transportation:
Provided, That such services shall be provided on a competitive basis
to entities within the Department of Transportation: Provided further,
That the above limitation on operating expenses shall not apply to non-
DOT entities: Provided further, That no funds appropriated in this Act
to an agency of the Department shall be transferred to the Working
Capital Fund without the approval of the agency modal administrator:
Provided further, That no assessments may be levied against any
program, budget activity, subactivity or project funded by this Act
unless notice of such assessments and the basis therefor are presented
to the House and Senate Committees on Appropriations and are approved
by such Committees.
minority business resource center program
For the cost of guaranteed loans, $891,000, as authorized by 49
U.S.C. 332: Provided, That such costs, including the cost of modifying
such loans, shall be as defined in section 502 of the Congressional
Budget Act of 1974: Provided further, That these funds are available to
subsidize total loan principal, any part of which is to be guaranteed,
not to exceed $18,367,000. In addition, for administrative expenses to
carry out the guaranteed loan program, $396,000.
minority business outreach
For necessary expenses of Minority Business Resource Center
outreach activities, $2,970,000, to remain available until September
30, 2008: Provided, That notwithstanding 49 U.S.C. 332, these funds may
be used for business opportunities related to any mode of
transportation.
payments to air carriers
(airport and airway trust fund)
(including transfer of funds)
In addition to funds made available from any other source to carry
out the essential air service program under 49 U.S.C. 41731 through
41742, $67,000,000, to be derived from the Airport and Airway Trust
Fund, to remain available until expended: Provided, That, in
determining between or among carriers competing to provide service to a
community, the Secretary may consider the relative subsidy requirements
of the carriers: Provided further, That, if the funds under this
heading are insufficient to meet the costs of the essential air service
program in the current fiscal year, the Secretary shall transfer such
sums as may be necessary to carry out the essential air service program
from any available amounts appropriated to or directly administered by
the Office of the Secretary for such fiscal year.
new headquarters building
For necessary expenses of the Department of Transportation's new
headquarters building and related services, $59,400,000, to remain
available until expended.
compensation for air carriers
(rescission)
Of the funds made available under section 101(a)(2) of Public Law
107-42, $50,000,000 are rescinded.
administrative provisions--office of the secretary of transportation
Sec. 101. The Administrator of the Federal Aviation Administration
may reimburse amounts made available to satisfy 49 U.S.C. 41742(a)(1)
from fees credited under 49 U.S.C. 45303.
Sec. 102. The Secretary of Transportation is authorized to transfer
the unexpended balances available for the bonding assistance program
from ``Office of the Secretary, Salaries and expenses'' to ``Minority
Business Outreach''.
Sec. 103. None of the funds made available in this Act to the
Department of Transportation may be obligated for the Office of the
Secretary of Transportation to approve assessments or reimbursable
agreements pertaining to funds appropriated to the modal
administrations in this Act, except for activities underway on the date
of enactment of this Act, unless such assessments or agreements have
completed the normal reprogramming process for congressional
notification.
Sec. 104. None of the funds made available in this Act may be used
by the Department of Transportation to finalize or implement the policy
proposed in--
(1) the notice of proposed rulemaking published in the
Federal Register on November 7, 2005 (70 Fed. Reg. 67389); or
(2) the supplemental notice of proposed rulemaking
published in the Federal Register on May 5, 2006 (71 Fed. Reg.
26425), in Docket No. OST-2003-15759.
Federal Aviation Administration
operations
For necessary expenses of the Federal Aviation Administration, not
otherwise provided for, including operations and research activities
related to commercial space transportation, administrative expenses for
research and development, establishment of air navigation facilities,
the operation (including leasing) and maintenance of aircraft,
subsidizing the cost of aeronautical charts and maps sold to the
public, lease or purchase of passenger motor vehicles for replacement
only, in addition to amounts made available by Public Law 108-176,
$8,366,000,000, of which $5,445,000,000 shall be derived from the
Airport and Airway Trust Fund, of which not to exceed $6,690,108,000
shall be available for air traffic organization activities; not to
exceed $997,718,000 shall be available for aviation regulation and
certification activities; not to exceed $11,722,000 shall be available
for commercial space transportation activities; not to exceed
$93,620,000 shall be available for financial services activities; not
to exceed $87,850,000 shall be available for human resources program
activities; not to exceed $272,821,000 shall be available for region
and center operations and regional coordination activities; not to
exceed $175,655,000 shall be available for staff offices; and not to
exceed $36,506,000 shall be available for information services:
Provided, That not to exceed 2 percent of any budget activity, except
for aviation regulation and certification budget activity, may be
transferred to any budget activity under this heading: Provided
further, That no transfer may increase or decrease any appropriation by
more than 2 percent: Provided further, That any transfer in excess of 2
percent shall be treated as a reprogramming of funds under section 710
of this Act and shall not be available for obligation or expenditure
except in compliance with the procedures set forth in that section:
Provided further, That the Secretary utilize not less than $32,474,408
of the funds provided for aviation regulation and certification
activities to pay for staff increases in the Office of Aviation Flight
Standards: Provided further, That the Secretary utilize not less than
$16,237,204 of the funds provided for aviation regulation and
certification activities to pay for staff increases in the Office of
Aircraft Certification: Provided further, That none of the funds
provided for increases to the staffs of the aviation flight standards
and aircraft certification offices shall be used for other purposes:
Provided further, That the Secretary of Transportation shall provide
quarterly reports to the Congress that include the number of current
employees in the Offices of Flight Standards and Aircraft
Certification, the current number of vacancies in each office, the
number of people hired in each office during the previous 3 months, and
hiring goals for each office for the next 3 month period: Provided
further, That none of the funds in this Act shall be available for the
Federal Aviation Administration to finalize or implement any regulation
that would promulgate new aviation user fees not specifically
authorized by law after the date of the enactment of this Act: Provided
further, That there may be credited to this appropriation funds
received from States, counties, municipalities, foreign authorities,
other public authorities, and private sources, for expenses incurred in
the provision of agency services, including receipts for the
maintenance and operation of air navigation facilities, and for
issuance, renewal or modification of certificates, including airman,
aircraft, and repair station certificates, or for tests related
thereto, or for processing major repair or alteration forms: Provided
further, That of the funds appropriated under this heading, not less
than $8,000,000 shall be for the contract tower cost-sharing program:
Provided further, That funds may be used to enter into a grant
agreement with a nonprofit standard-setting organization to assist in
the development of aviation safety standards: Provided further, That
none of the funds in this Act shall be available for new applicants for
the second career training program: Provided further, That none of the
funds in this Act shall be available for paying premium pay under 5
U.S.C. 5546(a) to any Federal Aviation Administration employee unless
such employee actually performed work during the time corresponding to
such premium pay: Provided further, That none of the funds in this Act
may be obligated or expended to operate a manned auxiliary flight
service station in the contiguous United States: Provided further, That
none of the funds in this Act for aeronautical charting and cartography
are available for activities conducted by, or coordinated through, the
Working Capital Fund: Provided further, That not later than March 1 of
each fiscal year hereafter, the Administrator of the Federal Aviation
Administration shall transmit to Congress an annual update to the
report submitted to Congress in December 2004 pursuant to section 221
of Public Law 108-176: Provided further, That the amount herein
appropriated shall be reduced by $100,000 per day for each day after
March 1 that such report has not been submitted to the Congress:
Provided further, That not later than March 1 of each fiscal year
hereafter, the Administrator shall transmit to Congress a companion
report that describes a comprehensive strategy for staffing, hiring,
and training flight standards and aircraft certification staff:
Provided further, That the amount herein appropriated shall be reduced
by $100,000 per day for each day after March 1 that such report has not
been submitted to Congress: Provided further, That none of the funds in
this Act may be obligated or expended for an employee of the Federal
Aviation Administration to purchase a store gift card or gift
certificate through use of a Government-issued credit card.
facilities and equipment
(airport and airway trust fund)
For necessary expenses, not otherwise provided for, for
acquisition, establishment, technical support services, improvement by
contract or purchase, and hire of air navigation and experimental
facilities and equipment, as authorized under part A of subtitle VII of
title 49, United States Code, including initial acquisition of
necessary sites by lease or grant; engineering and service testing,
including construction of test facilities and acquisition of necessary
sites by lease or grant; construction and furnishing of quarters and
related accommodations for officers and employees of the Federal
Aviation Administration stationed at remote localities where such
accommodations are not available; and the purchase, lease, or transfer
of aircraft from funds available under this heading; to be derived from
the Airport and Airway Trust Fund, $2,549,510,000, of which
$2,101,610,000 shall remain available until September 30, 2009, and of
which $447,900,000 shall remain available until September 30, 2007:
Provided, That there may be credited to this appropriation funds
received from States, counties, municipalities, other public
authorities, and private sources, for expenses incurred in the
establishment and modernization of air navigation facilities: Provided
further, That upon initial submission to the Congress of the fiscal
year 2008 President's budget, the Secretary of Transportation shall
transmit to the Congress a comprehensive capital investment plan for
the Federal Aviation Administration which includes funding for each
budget line item for fiscal years 2008 through 2012, with total funding
for each year of the plan constrained to the funding targets for those
years as estimated and approved by the Office of Management and Budget.
research, engineering, and development
(airport and airway trust fund)
For necessary expenses, not otherwise provided for, for research,
engineering, and development, as authorized under part A of subtitle
VII of title 49, United States Code, including construction of
experimental facilities and acquisition of necessary sites by lease or
grant, $135,500,000, to be derived from the Airport and Airway Trust
Fund and to remain available until September 30, 2009: Provided, That
there may be credited to this appropriation funds received from States,
counties, municipalities, other public authorities, and private
sources, for expenses incurred for research, engineering, and
development.
grants-in-aid for airports
(liquidation of contract authorization)
(limitation on obligations)
(airport and airway trust fund)
For liquidation of obligations incurred for grants-in-aid for
airport planning and development, and noise compatibility planning and
programs as authorized under subchapter I of chapter 471 and subchapter
I of chapter 475 of title 49, United States Code, and under other law
authorizing such obligations; for procurement, installation, and
commissioning of runway incursion prevention devices and systems at
airports of such title; for grants authorized under section 41743 of
title 49, United States Code; and for inspection activities and
administration of airport safety programs, including those related to
airport operating certificates under section 44706 of title 49, United
States Code, $4,000,000,000 to be derived from the Airport and Airway
Trust Fund and to remain available until expended: Provided, That none
of the funds under this heading shall be available for the planning or
execution of programs the obligations for which are in excess of
$3,520,000,000 in fiscal year 2007, notwithstanding section 47117(g) of
title 49, United States Code: Provided further, That none of the funds
under this heading shall be available for the replacement of baggage
conveyor systems, reconfiguration of terminal baggage areas, or other
airport improvements that are necessary to install bulk explosive
detection systems: Provided further, That notwithstanding any other
provision of law, of funds limited under this heading, not more than
$74,970,615 shall be obligated for administration, except for
administration of grants authorized under section 41743 of title 49,
United States Code; not less than $10,000,000 shall be available for
the airport cooperative research program, and not less than $10,000,000
shall be available and shall be transferred to the account available to
administer the Small Community Air Service Development Program, to
remain available until expended: Provided further, That not later than
December 31, 2015, the owner or operator of an airport certificated
under 49 U.S.C. 44706 shall improve the airport's runway safety areas
to comply with the Federal Aviation Administration design standards
required by 14 CFR part 139: Provided further, That the Federal
Aviation Administration shall report annually to the Congress on the
agency's progress toward improving the runway safety areas at 49 U.S.C.
44706 airports.
grants-in-aid for airports
(airport and airway trust fund)
(rescission of contract authorization)
Of the amounts authorized for the fiscal year ending September 30,
2007 and prior years under sections 48103 and 48112 of title 49, United
States Code, $765,490,000 are rescinded.
administrative provisions--federal aviation administration
Sec. 110. None of the funds in this Act may be used to compensate
in excess of 395 technical staff-years under the federally funded
research and development center contract between the Federal Aviation
Administration and the Center for Advanced Aviation Systems Development
during fiscal year 2007.
Sec. 111. The Administrator of the Federal Aviation Administration
may reimburse amounts made available to satisfy 49 U.S.C. 41742(a)(1)
from fees credited under 49 U.S.C. 45303: Provided, That during fiscal
year 2007, 49 U.S.C. 41742(b) shall not apply, and any amount remaining
in such account at the close of that fiscal year may be made available
to satisfy section 41742(a)(1) for the subsequent fiscal year.
Sec. 112. Amounts collected under section 40113(e) of title 49,
United States Code, shall be credited to the appropriation current at
the time of collection, to be merged with and available for the same
purposes of such appropriation.
Sec. 113. (a) Section 44302(f)(1) of title 49, United States Code,
is amended by striking ``2006,'' each place it appears and inserting
``2007,''.
(b) Section 44303(b) of such title is amended by striking ``2006,''
and inserting ``2007,''.
Sec. 114. Age of Pilots. (a) Modification of FAA's Age-60 Rule.--
Within 30 days after the effective date of action taken by the
International Civil Aviation Organization to amend Annex 1 to the
Convention on International Civil Aviation to modify the international
standard and recommended practice for Member State curtailment of pilot
privileges by reason of age, as agreed and recommended by Air
Navigation Commission at the 10th meeting of its 167th session,
following its review of the recommendations of the Flight Crew
Licensing and Training Panel Working Group A's report AN-WP/7982, the
Secretary of Transportation shall modify section 121.383(c) of the
Federal Aviation Administration regulations (14 CFR 121.383(c)) to be
consistent with the amended standard or recommended practice--
(1) to provide that a pilot who has attained 60 years of
age may serve as a pilot of an aircraft operated by an air
carrier engaged in operations under 10 part 121 of title 14,
Code of Federal Regulations, until having attained 65 years of
age on the condition that such pilot may so serve only--
(A) as a required pilot in multi-crew aircraft
operations; and
(B) when another pilot serving as a required pilot
in such multi-crew aircraft operations has not yet
attained 60 years of age; and
(2) to eliminate the prohibition against an air carrier
engaged in such operations from using the services of a pilot
who has attained 60 years of age.
(b) Applicability.--The modification of the Federal Aviation
Administration regulations under subsection (a) shall not provide the
basis for a claim of seniority under any labor agreement in effect
between a recognized bargaining unit for pilots and an air carrier
engaged in operations under part 121 of title 14, Code of Federal
Regulations, made by any pilot seeking reemployment by such air carrier
following the pilot's previous termination or cessation of employment
as required by section 121.323(c), title 14, Code of Federal
Regulations, as that section was in effect on the date of enactment of
this Act.
(c) GAO Report After Modification of Age-60 Rule.--Within 24 months
after the date on which the Secretary of Transportation modifies the
Federal Aviation Administration regulations under subsection (a), the
Comptroller General shall submit a report to the Senate Committee on
Commerce, Science, and Transportation and the House of Representatives
Committee on Transportation and Infrastructure concerning the effect,
if any, of the modification on aviation safety.
Sec. 115. None of the funds in this Act shall be used to pursue or
adopt guidelines or regulations requiring airport sponsors to provide
to the Federal Aviation Administration without cost building
construction, maintenance, utilities and expenses, or space in airport
sponsor-owned buildings for services relating to air traffic control,
air navigation, or weather reporting: Provided, That the prohibition of
funds in this section does not apply to negotiations between the agency
and airport sponsors to achieve agreement on ``below-market'' rates for
these items or to grant assurances that require airport sponsors to
provide land without cost to the FAA for air traffic control
facilities.
Federal Highway Administration
limitation on administrative expenses
Necessary expenses for administration and operation of the Federal
Highway Administration, not to exceed $378,504,000, shall be paid in
accordance with law from appropriations made available by this Act to
the Federal Highway Administration together with advances and
reimbursements received by the Federal Highway Administration.
federal-aid highways
(limitation on obligations)
(highway trust fund)
None of the funds in this Act shall be available for the
implementation or execution of programs, the obligations for which are
in excess of $39,086,464,683 for Federal-aid highways and highway
safety construction programs for fiscal year 2007: Provided, That
within the $39,086,464,683 obligation limitation on Federal-aid
highways and highway safety construction programs, not more than
$429,800,000 shall be available for the implementation or execution of
programs for transportation research (chapter 5 of title 23, United
States Code; sections 111, 5505, and 5506 of title 49, United States
Code; and title 5 of Public Law 109-59) for fiscal year 2007: Provided
further, That this limitation on transportation research programs shall
not apply to any funds authorized by section 110 of title 23, U.S.C.,
and allocated to these programs, or to any authority previously made
available for obligation: Provided further, That the funds authorized
pursuant to 23 U.S.C. 110 for the motor carrier safety grant program,
and the obligation limitation associated with such funds provided under
this heading, shall be transferred to the Federal Motor Carrier Safety
Administration: Provided further, That the Secretary may, as authorized
by section 605(b) of title 23, United States Code, collect and spend
fees to cover the costs of services of expert firms, including counsel,
in the field of municipal and project finance to assist in the
underwriting and servicing of Federal credit instruments and all or a
portion of the costs to the Federal Government of servicing such credit
instruments: Provided further, That such fees are available until
expended to pay for such costs: Provided further, That such amounts are
in addition to administrative expenses that are also available for such
purpose, and are not subject to any obligation limitation or the
limitation on administrative expenses under section 608 of title 23,
United States Code.
(liquidation of contract authorization)
(highway trust fund)
Notwithstanding any other provision of law, for carrying out the
provisions of title 23, United States Code, that are attributable to
Federal-aid highways, not otherwise provided, including reimbursement
for sums expended pursuant to the provisions of 23 U.S.C. 308,
$39,086,464,683 or so much thereof as may be available in and derived
from the Highway Trust Fund (other than the Mass Transit Account), to
remain available until expended.
(rescission)
(highway trust fund)
Of the unobligated balances of funds apportioned to each State
under chapter 1 of title 23, United States Code, $1,500,983,000 are
rescinded: Provided, That such rescission shall not apply to the funds
distributed in accordance with 23 U.S.C. 130(f), 23 U.S.C. 133(d)(1) as
in effect prior to the date of enactment of Public Law 109-59, the
first sentence of 23 U.S.C. 133(d)(3)(A), 23 U.S.C. 104(b)(5), or 23
U.S.C. 163 as in effect prior to the enactment of Public Law 109-59.
appalachian development highway system
For necessary expenses for West Virginia corridor H of the
Appalachian Development Highway System as authorized under section
1069(y) of Public Law 102-240, as amended, $20,000,000, to remain
available until expended.
delta regional transportation development program
For necessary expenses for the Delta Regional Transportation
Development Program as authorized under section 1308 of Public Law 109-
59, $20,000,000, to remain available until expended.
administrative provisions--federal highway administration
Sec. 120. (a) For fiscal year 2007, the Secretary of Transportation
shall--
(1) not distribute from the obligation limitation for
Federal-aid highways amounts authorized for administrative
expenses and programs by section 104(a) of title 23, United
States Code; programs funded from the administrative takedown
authorized by section 104(a)(1) of title 23, United States Code
(as in effect on the date before the date of enactment of the
Safe, Accountable, Flexible, Efficient Transportation Equity
Act: A Legacy for Users); the highway use tax evasion program;
amounts designated under section 124; and the Bureau of
Transportation Statistics;
(2) not distribute an amount from the obligation limitation
for Federal-aid highways that is equal to the unobligated
balance of amounts made available from the Highway Trust Fund
(other than the Mass Transit Account) for Federal-aid highways
and highway safety programs for previous fiscal years the funds
for which are allocated by the Secretary;
(3) determine the ratio that--
(A) the obligation limitation for Federal-aid
highways, less the aggregate of amounts not distributed
under paragraphs (1) and (2), bears to
(B) the total of the sums authorized to be
appropriated for Federal-aid highways and highway
safety construction programs (other than sums
authorized to be appropriated for provisions of law
described in paragraphs (1) through (9) of subsection
(b) and sums authorized to be appropriated for section
105 of title 23, United States Code, equal to the
amount referred to in subsection (b)(10) for such
fiscal year), less the aggregate of the amounts not
distributed under paragraphs (1) and (2) of this
subsection;
(4)(A) distribute the obligation limitation for Federal-aid
highways, less the aggregate amounts not distributed under
paragraphs (1) and (2), for sections 1301, 1302, and 1934 of
the Safe, Accountable, Flexible, Efficient Transportation
Equity Act: A Legacy for Users; sections 117 (but individually
for each project numbered 1 through 3676 listed in the table
contained in section 1702 of the Safe, Accountable, Flexible,
Efficient Transportation Equity Act: A Legacy for Users) and
144(g) of title 23, United States Code; and section 14501 of
title 40, United States Code, so that the amount of obligation
authority available for each of such sections is equal to the
amount determined by multiplying the ratio determined under
paragraph (3) by the sums authorized to be appropriated for
that section for the fiscal year; and
(B) distribute $2,000,000,000 for section 105 of title 23,
United States Code;
(5) distribute the obligation limitation provided for
Federal-aid highways, less the aggregate amounts not
distributed under paragraphs (1) and (2) and amounts
distributed under paragraph (4), for each of the programs that
are allocated by the Secretary under the Safe, Accountable,
Flexible, Efficient Transportation Equity Act: A Legacy for
Users and title 23, United States Code (other than to programs
to which paragraphs (1) and (4) apply), by multiplying the
ratio determined under paragraph (3) by the amounts authorized
to be appropriated for each such program for such fiscal year;
and
(6) distribute the obligation limitation provided for
Federal-aid highways, less the aggregate amounts not
distributed under paragraphs (1) and (2) and amounts
distributed under paragraphs (4) and (5), for Federal-aid
highways and highway safety construction programs (other than
the amounts apportioned for the equity bonus program, but only
to the extent that the amounts apportioned for the equity bonus
program for the fiscal year are greater than $2,639,000,000,
and the Appalachian development highway system program) that
are apportioned by the Secretary under the Safe, Accountable,
Flexible, Efficient Transportation Equity Act: A Legacy for
Users and title 23, United States Code, in the ratio that--
(A) amounts authorized to be appropriated for such
programs that are apportioned to each State for such
fiscal year, bear to
(B) the total of the amounts authorized to be
appropriated for such programs that are apportioned to
all States for such fiscal year.
(b) Exceptions From Obligation Limitation.--The obligation
limitation for Federal-aid highways shall not apply to obligations: (1)
under section 125 of title 23, United States Code; (2) under section
147 of the Surface Transportation Assistance Act of 1978; (3) under
section 9 of the Federal-Aid Highway Act of 1981; (4) under subsections
(b) and (j) of section 131 of the Surface Transportation Assistance Act
of 1982; (5) under subsections (b) and (c) of section 149 of the
Surface Transportation and Uniform Relocation Assistance Act of 1987;
(6) under sections 1103 through 1108 of the Intermodal Surface
Transportation Efficiency Act of 1991; (7) under section 157 of title
23, United States Code, as in effect on the day before the date of the
enactment of the Transportation Equity Act for the 21st Century; (8)
under section 105 of title 23, United States Code, as in effect for
fiscal years 1998 through 2004, but only in an amount equal to
$639,000,000 for each of those fiscal years; (9) for Federal-aid
highway programs for which obligation authority was made available
under the Transportation Equity Act for the 21st Century or subsequent
public laws for multiple years or to remain available until used, but
only to the extent that the obligation authority has not lapsed or been
used; (10) under section 105 of title 23, United States Code, but only
in an amount equal to $639,000,000 for each of fiscal years 2005
through 2007; and (11) under section 1603 of the Safe, Accountable,
Flexible, Efficient Transportation Equity Act: A Legacy for Users, to
the extent that funds obligated in accordance with that section were
not subject to a limitation on obligations at the time at which the
funds were initially made available for obligation.
(c) Redistribution of Unused Obligation Authority.--Notwithstanding
subsection (a), the Secretary shall, after August 1 of such fiscal
year, revise a distribution of the obligation limitation made available
under subsection (a) if the amount distributed cannot be obligated
during that fiscal year and redistribute sufficient amounts to those
States able to obligate amounts in addition to those previously
distributed during that fiscal year, giving priority to those States
having large unobligated balances of funds apportioned under sections
104 and 144 of title 23, United States Code.
(d) Applicability of Obligation Limitations to Transportation
Research Programs.--The obligation limitation shall apply to
transportation research programs carried out under chapter 5 of title
23, United States Code, and title V (research title) of the Safe,
Accountable, Flexible, Efficient Transportation Equity Act: A Legacy
for Users, except that obligation authority made available for such
programs under such limitation shall remain available for a period of 3
fiscal years and shall be in addition to the amount of any limitation
imposed on obligations for Federal-aid highway and highway safety
construction programs for future fiscal years.
(e) Redistribution of Certain Authorized Funds.--
(1) In general.--Not later than 30 days after the date of
the distribution of obligation limitation under subsection (a),
the Secretary shall distribute to the States any funds that--
(A) are authorized to be appropriated for such
fiscal year for Federal-aid highways programs; and
(B) the Secretary determines will not be allocated
to the States, and will not be available for
obligation, in such fiscal year due to the imposition
of any obligation limitation for such fiscal year.
(2) Ratio.--Funds shall be distributed under paragraph (1)
in the same ratio as the distribution of obligation authority
under subsection (a)(6).
(3) Availability.--Funds distributed under paragraph (1)
shall be available for any purposes described in section 133(b)
of title 23, United States Code.
(f) Special Limitation Characteristics.--Obligation limitation
distributed for a fiscal year under subsection (a)(4) for the provision
specified in subsection (a)(4) shall--
(1) remain available until used for obligation of funds for
that provision; and
(2) be in addition to the amount of any limitation imposed
on obligations for Federal-aid highway and highway safety
construction programs for future fiscal years.
(g) High Priority Project Flexibility.--
(1) In general.--Subject to paragraph (2), obligation
authority distributed for such fiscal year under subsection
(a)(4) for each project numbered 1 through 3676 listed in the
table contained in section 1702 of the Safe, Accountable,
Flexible, Efficient Transportation Equity Act: A Legacy for
Users may be obligated for any other project in such section in
the same State.
(2) Restoration.--Obligation authority used as described in
paragraph (1) shall be restored to the original purpose on the
date on which obligation authority is distributed under this
section for the next fiscal year following obligation under
paragraph (1).
(h) Limitation on Statutory Construction.--Nothing in this section
shall be construed to limit the distribution of obligation authority
under subsection (a)(4)(A) for each of the individual projects numbered
greater than 3676 listed in the table contained in section 1702 of the
Safe, Accountable, Flexible, Efficient Transportation Equity Act: A
Legacy for Users.
Sec. 121. Notwithstanding 31 U.S.C. 3302, funds received by the
Bureau of Transportation Statistics from the sale of data products, for
necessary expenses incurred pursuant to 49 U.S.C. 111 may be credited
to the Federal-aid highways account for the purpose of reimbursing the
Bureau for such expenses: Provided, That such funds shall be subject to
the obligation limitation for Federal-aid highways and highway safety
construction.
Sec. 122. Notwithstanding any other provision of law, projects and
activities described in the statement of managers accompanying this Act
under the headings ``Federal-Aid Highways'' and ``Federal Transit
Administration'' shall be eligible for fiscal year 2007 funds made
available for the project for which each project or activity is so
designated: Provided, That the Federal share payable on account of any
such projects and activities subject to this section shall be the same
as the share required by the Federal program under which each project
or activity is designated unless otherwise provided in this Act.
Sec. 123. Notwithstanding any other provision of law, the
unobligated balance of funds made available under the Bridge
Discretionary Program in the Joint Explanatory Statement of the
Committee of Conference accompanying the Transportation, Treasury, and
Independent Agencies Appropriations Act, 2005 (House Report 108-792),
for the Joachim Avenue Bridge Replacement, Missouri, shall be available
for the New Herculaneum Bridge, Herculaneum, Missouri.
Sec. 124. Notwithstanding any other provision of law, funds
authorized under section 110 of title 23, United States Code, for
fiscal year 2007 shall be apportioned to the States in accordance with
section 1105(f) of the Safe, Accountable, Flexible, Efficient
Transportation Equity Act: A Legacy for Users (Public Law 109-59; 119
Stat. 114, 1166), except that before allocations in accordance with
section 1105(f)(3) of such Act are made, funds shall be designated for
projects as listed in the report accompanying this Act.
Sec. 125. Notwithstanding any other provision of law, the funds
made available under the Transportation, Community, and System
Preservation Program for the New Haven River Bore project, New Haven,
Missouri, in the fiscal year 2006 Appropriations Act shall be
reprogrammed and made available to the Missouri Department of
Transportation for roadway improvements at intersection Route 100 and
Highway 19.
Sec. 126. Not less than 15 days prior to waiving, under his
statutory authority, any Buy America requirement for Federal-aid
highway projects, the Secretary of Transportation shall make an
informal public notice and comment opportunity on the intent to issue
such waiver and the reasons therefore. The Secretary shall provide an
annual report to the Appropriations Committees of the Congress on any
waivers granted under the Buy America requirements.
Federal Motor Carrier Safety Administration
motor carrier safety operations and programs
(liquidation of contract authorization)
(limitation on obligations)
(highway trust fund)
For payment of obligations incurred for administration of motor
carrier safety operations and programs pursuant to section 31104(i) of
title 49, United States Code, and sections 4127 and 4134 of Public Law
109-59, $223,000,000, to be derived from the Highway Trust Fund (other
than the Mass Transit Account), together with advances and
reimbursements received by the Federal Motor Carrier Safety
Administration, the sum of which shall remain available until expended:
Provided, That none of the funds derived from the Highway Trust Fund in
this Act shall be available for the implementation, execution or
administration of programs, the obligations for which are in excess of
$223,000,000, for ``Motor Carrier Safety Operations and Programs'', of
which $10,296,000, to remain available for obligation until September
30, 2009, is for the research and technology program and $1,000,000
shall be available for commercial motor vehicle operator's grants to
carry out section 4134 of Public Law 109-59: Provided further, That
notwithstanding any other provision of law, none of the funds under
this heading for outreach and education shall be available for
transfer.
motor carrier safety grants
(liquidation of contract authorization)
(limitation on obligations)
(highway trust fund)
For payment of obligations incurred in carrying out sections 31102,
31104, 31106, 31107, 31109, 31309, 31313 of title 49, United States
Code, and sections 4126 and 4128 of Public Law 109-59, $294,000,000, to
be derived from the Highway Trust Fund (other than the Mass Transit
Account) and to remain available until expended: Provided, That none of
the funds in this Act shall be available for the implementation or
execution of programs, the obligations for which are in excess of
$294,000,000, for ``Motor Carrier Safety Grants''; of which
$197,000,000 shall be available for the motor carrier safety assistance
program to carry out sections 31102 and 31104 of title 49, United
States Code; $25,000,000 shall be available for the commercial driver's
license improvements program to carry out section 31313 of title 49,
United States Code; $32,000,000 shall be available for the border
enforcement grants program to carry out section 31107 of title 49,
United States Code; $5,000,000 shall be available for the performance
and registration information system management program to carry out
sections 31106 and 31109 of title 49, United States Code; $25,000,000
shall be available for the commercial vehicle information systems and
networks deployment program to carry out section 4126 of Public Law
109-59; $3,000,000 shall be available for the safety data improvement
program to carry out section 4128 of Public Law 109-59; and $7,000,000
shall be available for the commercial driver's license information
system modernization program to carry out section 31309 of title 49,
United States Code: Provided further, That of the funds made available
for the motor carrier safety assistance program, $29,000,000 shall be
available for audits of new entrant motor carriers.
motor carrier safety
(highway trust fund)
(rescission)
Of the amounts made available under this heading in prior
appropriations Acts, $27,122,669 in unobligated balances are rescinded.
national motor carrier safety program
(highway trust fund)
(rescission)
Of the amounts made available under this heading in prior
appropriations Acts, $3,419,816 in unobligated balances are rescinded.
administrative provision--federal motor carrier safety administration
Sec. 130. Funds appropriated or limited in this Act shall be
subject to the terms and conditions stipulated in section 350 of Public
Law 107-87, including that the Secretary submit a report to the House
and Senate Appropriations Committees annually on the safety and
security of transportation into the United States by Mexico-domiciled
motor carriers.
Sec. 131. Section 4305(a) of Public Law 109-59 is amended--
(1) by inserting ``(1)'' before ``Section'';
(2) by striking ``12'' and inserting ``24''; and
(3) by inserting at the end the following:
``(2) The Department of Transportation and the board of
directors for the unified carrier registration plan shall
conclude and complete any and all rulemakings, final rules, and
administrative procedures to constitute final agency actions
and implementation of all Federal obligations and requirements
for the Uniform Carrier Registration system plan and agreement
under this Act on the first April 1 occurring more than 12
months after the date of enactment of this Act.
``(3) The Government Accountability Office shall provide
quarterly reports to the Congress on the progress being made to
meet the statutory requirements of this section.''.
Sec. 132. Motor Carrier Transportation. (a) General Requirement.--
Section 31138(a) of title 49, United States Code, is amended--
(1) by inserting ``motor vehicle'' before ``transportation
of''; and
(2) by striking ``by commercial motor vehicle'' and
inserting ``by a for-hire motor carrier or private motor
carrier (as such terms are defined in section 390.5 of title
49, Code of Federal Regulations, as in effect on the date of
enactment of this parenthetical phrase)'' .
(b) Transportation of Property.--Section 31139(b)(1) of such title
is amended--
(1) by inserting ``motor vehicle'' before transportation
of''; and
(2) by striking ``by commercial motor vehicle'' and
inserting ``by a for-hire motor carrier or private motor
carrier (as such terms are defined in section 390.5 of title
49, Code of Federal Regulations, as in effect on the date of
enactment of this parenthetical phrase)''.
(c) Definitions Relating to Motor Carriers.--Paragraphs (6)(B),
(7)(B), (14), and (15) of section 13102 of title 49, United States
Code, are each amended by striking ``commercial motor vehicle (as
defined in section 31132)'' and inserting ``motor vehicle''.
(d) Freight Forwarders.--Section 13903(a) of such title is amended
to read as follows:
``(a) In General.--The Secretary shall register a person to provide
service subject to jurisdiction under subchapter III of chapter 135 as
a freight forwarder if the Secretary finds that the person is fit,
willing, and able to provide the service and to comply with this part
and applicable regulations of the Secretary and the Board.''.
(e) Brokers.--Section 13904(a) of such title is amended to read as
follows:
``(a) In General.--The Secretary shall register, subject to section
13906(b), a person to be a broker for transportation of property
subject to jurisdiction under subchapter I of chapter 135, if the
Secretary finds that the person is fit, willing, and able to be a
broker for transportation and to comply with this part and applicable
regulations of the Secretary.''.
(f) Effective Date.--The amendments made by this section shall take
effect August 10, 2005, immediately following the date of enactment of
the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A
Legacy for Users Act (Public Law 109-59).
(g) Clarification.--The amendments made by this section shall be
applied and administered as if sections 4120(a)(1), 4120(b)(1), and
4142 of the Safe, Accountable, Flexible, Efficient Transportation
Equity Act: A Legacy for Users Act (119 Stat. 1733, 1747) (and the
amendments made by such sections) had not been enacted.
National Highway Traffic Safety Administration
operations and research
For expenses necessary to discharge the functions of the Secretary,
with respect to traffic and highway safety under chapter 301 of title
49, United States Code, and part C of subtitle VI of title 49, United
States Code, $123,750,000, of which $73,595,000 shall remain available
until September 30, 2007 and $50,155,000 shall remain available until
September 30, 2009: Provided, That none of the funds appropriated by
this Act may be obligated or expended to plan, finalize, or implement
any rulemaking to add to section 575.104 of title 49 of the Code of
Federal Regulations any requirement pertaining to a grading standard
that is different from the three grading standards (treadwear,
traction, and temperature resistance) already in effect.
operations and research
(liquidation of contract authorization)
(limitation on obligations)
(highway trust fund)
For payment of obligations incurred in carrying out the provisions
of 23 U.S.C. 403, to remain available until expended, $107,750,000, to
be derived from the Highway Trust Fund: Provided, That none of the
funds in this Act shall be available for the planning or execution of
programs the total obligations for which, in fiscal year 2007, are in
excess of $107,750,000 for programs authorized under 23 U.S.C. 403.
(rescission)
Of the amounts made available under this heading in prior
appropriations Acts, $6,772,751 in unobligated balances are rescinded.
national driver register
(liquidation of contract authorization)
(limitation on obligations)
(highway trust fund)
For payment of obligations incurred in carrying out chapter 303 of
title 49, United States Code, $4,000,000, to be derived from the
Highway Trust Fund and remain available until September 30, 2008:
Provided, That none of the funds in this Act shall be available for the
implementation or execution of programs the obligations for which are
in excess of $4,000,000 for the National Driver Register authorized
under chapter 303 of title 49, United States Code.
(rescission)
Of the amounts made available under this heading in prior
appropriations Acts, $8,553 in unobligated balances are rescinded.
highway traffic safety grants
(liquidation of contract authorization)
(limitation on obligations)
(highway trust fund)
For payment of obligations incurred in carrying out the provisions
of 23 U.S.C. 402, 405, 406, 408, and 410 and sections 2001(a)(11),
2009, 2010, and 2011 of Public Law 109-59, to remain available until
expended, $583,750,000 to be derived from the Highway Trust Fund (other
than the Mass Transit Account): Provided, That none of the funds in
this Act shall be available for the planning or execution of programs
the total obligations for which, in fiscal year 2007, are in excess of
$583,750,000 for programs authorized under 23 U.S.C. 402, 405, 406,
408, and 410 and sections 2001(a)(11), 2009, 2010, and 2011 of Public
Law 109-59, of which $220,000,000 shall be for ``Highway Safety
Programs'' under 23 U.S.C. 402, $25,000,000 shall be for ``Occupant
Protection Incentive Grants'' under 23 U.S.C. 405, $124,500,000 shall
be for ``Safety Belt Performance Grants'' under 23 U.S.C. 406,
$34,500,000 shall be for ``State Traffic Safety Information System
Improvements'' under 23 U.S.C. 408, $125,000,000 shall be for
``Alcohol-Impaired Driving Countermeasures Incentive Grant Program''
under 23 U.S.C. 410, $17,750,000 shall be for ``Administrative
Expenses'' under section 2001(a)(11) of Public Law 109-59, $25,000,000
shall be for ``High Visibility Enforcement Program'' under section 2009
of Public Law 109-59, $6,000,000 shall be for ``Motorcyclist Safety''
under section 2010 of Public Law 109-59, and $6,000,000 shall be for
``Child Safety and Child Booster Seat Safety Incentive Grants'' under
section 2011 of Public Law 109-59: Provided further, That none of these
funds shall be used for construction, rehabilitation, or remodeling
costs, or for office furnishings and fixtures for State, local or
private buildings or structures: Provided further, That not to exceed
$500,000 of the funds made available for section 410 ``Alcohol-Impaired
Driving Countermeasures Grants'' shall be available for technical
assistance to the States: Provided further, That not to exceed $750,000
of the funds made available for the ``High Visibility Enforcement
Program'' shall be available for the evaluation required under section
2009(f) of Public Law 109-59: Provided further, That notwithstanding
any other provision of law or limitation on the use of funds made
available under 23 U.S.C. 403, an additional $130,000 shall be made
available to the NHTSA, out of the amount limited for 23 U.S.C. 402, to
pay for travel and related expenses for State management reviews and to
pay for core competency development training and related expenses for
highway safety staff.
(rescission)
Of the amounts made available under this heading in prior
appropriations Acts, $5,646,863 in unobligated balances are rescinded.
administrative provisions--national highway traffic safety
administration
Sec. 140. The Secretary may transfer funds in any fiscal year
provided for administrative expenses for National Highway Traffic
Safety Administration's National Driver Register, under section
2001(a)(7) of Public Law 109-59, and for the agency's administrative
and related operating expenses, under section 2001(a)(11) of Public Law
109-59, to the ``Operations and Research'' account and the ``Operations
and Research, Limitations on Obligations, Highway Trust Fund''
accounts.
Sec. 141. Not later than 90 days after the date of enactment of
this Act, using funds made available to the National Highway Traffic
Safety Administration, the Secretary of Transportation shall prepare
and submit to the Congress a report describing the feasibility and
marginal production costs of making all new passenger automobiles and
light trucks sold in the United States capable of using a flexible fuel
mixture.
Federal Railroad Administration
safety and operations
For necessary expenses of the Federal Railroad Administration, not
otherwise provided for, $150,578,000, of which $13,870,890 shall remain
available until expended.
railroad research and development
For necessary expenses for railroad research and development,
$34,650,000, to remain available until expended.
capital and debt service grants to the national railroad passenger
corporation
To enable the Secretary of Transportation to make quarterly grants
to the National Railroad Passenger Corporation for the maintenance and
repair of capital infrastructure owned by the National Railroad
Passenger Corporation, including railroad equipment, rollingstock,
legal mandates and other services, $750,000,000, to remain available
until expended, of which not to exceed $295,000,000 shall be for debt
service obligations: Provided, That the Secretary of Transportation
shall approve funding for capital expenditures, including advance
purchase orders of materials required for future capital projects only
after receiving, reviewing and approving a grant request for each
specific capital grant justifying the Federal support to the
Secretary's satisfaction: Provided further, That none of the funds
under this heading may be used to subsidize operating losses of the
Corporation: Provided further, That none of the funds under this
heading may be used for capital projects not approved by the Secretary
of Transportation or the Corporation's fiscal year 2007 business plan:
Provided further, That the Secretary of Transportation may retain up to
one-quarter of one percent of the funds under this heading to fund the
oversight by the Federal Railroad Administration of the design and
implementation of capital projects funded by grants made under this
heading: Provided further, That the Secretary of Transportation shall
not approve any grant for the maintenance, repair or refurbishment of
equipment or facilities used for food and beverage service or used for
sleeper and first class service unless such maintenance, repair or
refurbishment is consistent with plans accepted by the Secretary under
which the Federal subsidy of the Corporation's food and beverage
service and the Corporation's sleeper and first class service will be
progressively decreased and eliminated not later than the end of fiscal
year 2011: Provided further, That as a condition for accepting any
grant under this heading, the Secretary of Transportation shall require
the Corporation to undertake to the Secretary's satisfaction the
development of a detailed five-year capital investment plan that
reflects the investments needed to provide safe, cost-effective, and
timely intercity passenger rail service: Provided further, That the
Secretary of Transportation shall require in the development of the
capital investment plan, that the Corporation solicits the input,
review and comment of the States where the Corporation provides
service, and the railroads use infrastructure owned or controlled by
the Corporation as to those capital investments required to meet
transportation needs identified by the States or railroads: Provided
further, That the annual budget submission to Congress shall include a
detailed list of capital improvements to the system in prioritized
order with a cost estimate for said projects along with a description
and location for each project in the plan for this fiscal year and for
the four fiscal years thereafter: Provided further, That the detailed
capital investment plan shall identify those capital investments
required to provide for or support the extent to which such investments
will be funded by entities other than the Corporation: Provided
further, That the detailed capital investment plan shall identify
projects by whether they are needed to assure safety, whether they are
needed to improve the cost effectiveness of passenger rail service, or
whether they are required to preserve or improve the timelines of
operations or schedule reliability: Provided further, That the capital
plan shall identify the priority for each capital project in rank
order, based upon a scenario for the Amtrak system as presently
configured, a scenario under which the Corporation operates a system
that can be sustained over the long-term with an annual level of
Federal support equal to that which the Corporation receives under this
Act and any other scenario the Secretary deems appropriate.
efficiency incentive grants to the national railroad passenger
corporation
(including transfer of funds)
For an additional amount made available to the Secretary of
Transportation for efficiency incentive grants to the National Railroad
Passenger Corporation, $650,000,000, to remain available until
expended: Provided, That the Secretary may make grants to the National
Railroad Passenger Corporation for an additional sum for operating
subsidies at any time during the fiscal year for the purpose of
maintaining the operation of existing or new Amtrak routes: Provided
further, That nothing in the previous proviso should be interpreted to
either encourage or discourage the Corporation with respect to
adjusting existing routes or frequencies: Provided further, That the
Secretary of Transportation shall reserve $60,000,000 of the funds
provided under this heading and is authorized to transfer such sums to
the Surface Transportation Board, upon request from said Board, to
carry out directed service orders issued pursuant to section 11123 of
title 49, United States Code, to respond to the cessation of commuter
rail operations by the National Railroad Passenger Corporation:
Provided further, That the Secretary of Transportation shall make the
reserve funds available to the National Railroad Passenger Corporation
through an appropriate grant instrument not earlier than September 1,
2007, to the extent that no directed service orders have been issued by
the Surface Transportation Board as of the date of transfer or there is
a balance of reserve funds not needed by the Board to pay for any
directed service order issued through September 30, 2007: Provided
further, That as a condition of accepting any grant under this heading,
the Secretary of Transportation shall require the Corporation to
undertake a pilot program subject to such terms, conditions and
schedule as the Secretary deems appropriate to permit a State or States
to assume the responsibility for intercity passenger rail service on a
specific train, route or corridor that results in a measurable
reduction in the amount of Federal subsidy required to provide such
service: Provided further, That such service shall be provided through
a contract between the State and the Corporation under which the
Corporation provides only those functions requested by the State:
Provided further, That the Secretary may require the Corporation to
provide to the State access to the equipment and facilities presently
used for service on the route of the pilot project and access to shared
or system-wide services, such as reservations, required for the pilot
project, subject to such terms and conditions as the Secretary deems
reasonable to account for the Corporation's cost of such equipment,
facilities and services: Provided further, That the Secretary may
require the Corporation to provide the State a portion of the
Corporation's operating subsidy equal to not more than 75 percent of
the Corporation's fiscal year 2006 fully allocated loss attributable to
the train or trains for the second and third year that the pilot
service operates and not more than 50 percent of the fiscal year 2006
fully allocated loss attributable to the train or trains for the second
and third year that the pilot service operates: Provided further, That
as a condition of accepting any grant under this heading, the Secretary
of Transportation shall require the Corporation to undertake a pilot
program subject to such terms, conditions and schedule as the Secretary
deems appropriate, under which the Corporation determines whether a
private entity, at no incremental cost to the Corporation, would
provide sleeper or first class service on a specific train or route:
Provided further, That as a condition of accepting any grant under this
heading, the Secretary of Transportation shall require the Corporation
to develop a plan to progressively reduce the Corporation's net losses
on food and beverage service so that such service is no worse than
revenue neutral to the Corporation by the end of the fiscal year 2011:
Provided further, That the Corporation shall reduce its net losses on
food and beverage service, so that the net loss in fiscal year 2007 is
20 percent less than the net loss on such service in fiscal year 2005:
Provided further, That as a condition of accepting any grant under this
heading, the Secretary of Transportation shall require the Corporation
to develop a plan to progressively reduce the Corporation's net losses
on sleeper and first class service so that such service is no worse
than revenue neutral to the Corporation by the end of fiscal year 2011:
Provided further, That the Corporation shall reduce its net losses on
sleeper and first class service, so that the net loss in fiscal year
2007 is 20 percent less than the net loss on such service in fiscal
year 2005: Provided further, That the Corporation's Inspector General
shall report no less frequently than quarterly on the progress made in
reducing the Corporation's net loss from providing food and beverage
service and the Corporation's net loss from providing sleeper and first
class service.
railroad rehabilitation and improvement program
The Secretary of Transportation is authorized to issue to the
Secretary of the Treasury notes or other obligations pursuant to
section 512 of the Railroad Revitalization and Regulatory Reform Act of
1976 (Public Law 94-210), as amended, in such amounts and at such times
as may be necessary to pay any amounts required pursuant to the
guarantee of the principal amount of obligations under sections 511
through 513 of such Act, such authority to exist as long as any such
guaranteed obligation is outstanding: Provided, That pursuant to
section 502 of such Act, as amended, no new direct loans or loan
guarantee commitments shall be made using Federal funds for the credit
risk premium during fiscal year 2007.
administrative provisions--federal railroad administration
Sec. 150. The Secretary may purchase promotional items of nominal
value for use in outreach activities to accomplish the purposes of 49
U.S.C. 20134: Provided, That the Secretary shall prescribe guidelines
for the administration of such purchases and use.
Sec. 151. Notwithstanding any other provision of this Act, funds
provided in this Act for the National Railroad Passenger Corporation
shall immediately cease to be available to said Corporation in the
event that the Corporation contracts to have services provided at or
from any location outside the United States. For purposes of this
section, the word ``services'' shall mean any service that was, as of
July 1, 2006, performed by a full-time or part-time Amtrak employee
whose base of employment is located within the United States.
Federal Transit Administration
administrative expenses
For necessary administrative expenses of the Federal Transit
Administration's programs authorized by chapter 53 of title 49, United
States Code, $85,000,000: Provided, That of the funds available under
this heading, not to exceed $1,063,353 shall be available for the
Office of the Administrator; not to exceed $7,653,698 shall be
available for the Office of Administration; not to exceed $4,272,759
shall be available for the Office of the Chief Counsel; not to exceed
$1,394,111 shall be available for the Office of Communication and
Congressional Affairs; not to exceed $8,403,493 shall be available for
the Office of Program Management; not to exceed $9,258,714 shall be
available for the Office of Budget and Policy; not to exceed $4,876,078
shall be available for the Office of Demonstration and Innovation; not
to exceed $3,272,077 shall be available for the Office of Civil Rights;
not to exceed $4,717,764 shall be available for the Office of Planning;
not to exceed $22,419,998 shall be available for regional offices; and
not to exceed $17,667,955 shall be available for the central account:
Provided further, That the Administrator is authorized to transfer
funds appropriated for an office of the Federal Transit Administration:
Provided further, That no appropriation for an office shall be
increased or decreased by more than a total of 5 percent during the
fiscal year by all such transfers: Provided further, That any change in
funding greater than 5 percent shall be submitted for approval to the
House and Senate Committees on Appropriations: Provided further, That
any funding transferred from the central account shall be submitted for
approval to the House and Senate Committees on Appropriations: Provided
further, That none of the funds provided or limited in this Act may be
used to create a permanent office of transit security under this
heading: Provided further, That of the funds in this Act available for
the execution of contracts under section 5327(c) of title 49, United
States Code, $2,000,000 shall be reimbursed to the Department of
Transportation's Office of Inspector General for costs associated with
audits and investigations of transit-related issues, including reviews
of new fixed guideway systems: Provided further, That upon submission
to the Congress of the fiscal year 2008 President's budget, the
Secretary of Transportation shall transmit to Congress the annual
report on new starts, including proposed allocations of funds for
fiscal year 2008.
formula and bus grants
(liquidation of contract authority)
(limitation on obligations)
(including rescission and transfer of funds)
For payment of obligations incurred in carrying out the provisions
of 49 U.S.C. 5305, 5307, 5308, 5309, 5310, 5311, 5317, 5320, 5335,
5339, and 5340 and section 3038 of Public Law 105-178, as amended,
$3,925,000,000, to be derived from the Mass Transit Account of the
Highway Trust Fund and to remain available until expended: Provided,
That funds available for the implementation or execution of programs
authorized under 49 U.S.C. 5305, 5307, 5308, 5309, 5310, 5311, 5317,
5320, 5335, 5339, and 5340 and section 3038 of Public Law 105-178, as
amended, shall not exceed total obligations of $7,262,775,000 in fiscal
year 2007: Provided further, That except as provided in section
3044(b)(1) of Public Law 109-59, funds made available to carry out 49
U.S.C. 5308 shall instead be available to carry out 49 U.S.C.
5309(b)(3): Provided further, That $28,660,920 in unobligated balances
are rescinded.
research and university research centers
For necessary expenses to carry out 49 U.S.C. 5306, 5312-5315,
5322, and 5506, $61,000,000, to remain available until expended:
Provided, That $9,300,000 is available to carry out the transit
cooperative research program under section 5313 of title 49, United
States Code, $4,300,000 is available for the National Transit Institute
under section 5315 of title 49, United States Code, $7,000,000 is
available for university transportation centers program under section
5506 of title 49, United States Code: Provided further, That
$40,400,000 is available to carry out national research programs under
sections 5312, 5313, 5314, and 5322 of title 49, United States Code.
capital investment grants
For necessary expenses to carry out section 5309 of title 49,
United States Code, $1,466,000,000, to remain available until expended
as follows:
Alaska and Hawaii ferry projects, Alaska, $15,000,000.
Central Link Initial Segment, Washington, $80,000,000.
Central LRT Double-Track, Maryland, $482,822.
Central Phoenix/East Valley Light Rail, Arizona,
$90,000,000.
Charlotte (NC) Charlotte Rapid Transit Expansion Project,
North Carolina, $6,000,000.
Charlotte (NC) South Corridor Light Rail Project, North
Carolina, $70,744,065.
Commuter Rail, Salt Lake County to Weber County, Utah,
$80,000,000.
CORRIDORone Regional Commuter Rail, $2,500,000.
CTA Douglas Blue Line, Chicago, Illinois, $1,573,675.
CTA Ravenswood Brown Line, Chicago, Illinois, $40,000,000.
Dallas Area Rapid Transit Northwest/Southeast Light Rail
MOS, Texas, $80,000,000.
Denali Commission, Alaska, $5,000,000.
Dulles Corridor Rail Project, Virginia, $25,000,000.
Euclid Corridor Transportation Project, Ohio, $693,013.
Galveston Rail Trolley Extension to Boulevard, Texas,
$2,000,000.
Honolulu High-Capacity Transit Corridor Project, Hawaii,
$4,000,000.
Houston METRO--Advanced Transit Program/METRO Solutions
Phase 2, Texas, $15,000,000.
Hudson-Bergen Light Rail MOS2, New Jersey, $100,000,000.
Interstate MAX LRT Extension, Oregon, $542,940.
Long Island Rail Road East Side Access, New York,
$300,000,000.
Los Angeles Metro Gold Line Eastside Extension, California,
$100,000,000.
MARC Commuter Rail Improvements, Maryland, $4,000,000.
Miami-Dade County Metrorail Orange Line Expansion, Florida,
$2,000,000.
Mid-Jordan Light Rail Transit Line, Utah, $4,500,000.
Mission Valley East LRT Extension, California, $806,654.
NJ Trans-Hudson Midtown Corridor, New Jersey, $4,400,000.
Norfolk Light Rail Project Final Design and Construction,
Virginia, $1,500,000.
North Shore LRT Connector, Pennsylvania, $55,000,000.
Northeast Corridor Commuter Rail Project between Wilmington
and Newark, Delaware, $1,000,000.
Northstar Corridor Rail Project, Minnesota, $1,000,000.
Oceanside-Escondido Rail Corridor, California, $684,040.
Perris Valley Line Metrolink Extension, California,
$3,000,000.
Post Road Commuter Rail Facility, Connecticut, $2,000,000.
San Francisco BART Extension to San Francisco International
Airport, California, $2,424,694.
Schuylkill Valley MetroRail, Pennsylvania, $1,000,000.
South Corridor I-205/Portland Mall Light Rail, Oregon,
$80,000,000.
South County Commuter Rail Project--Wickford Junction
Station, Rhode Island, $7,000,000.
Southeast Corridor Multi-Modal Project (T-REX) Colorado,
$80,000,000.
Tren Urbano, Puerto Rico, $2,670,518.
Union-Pacific West Line Extension, Illinois, $1,255,978.
University Link LRT Extension, Seattle, Washington,
$15,000,000.
West Corridor LRT, Colorado, $35,000,000.
Wilsonville to Beaverton Commuter Rail Project, Oregon,
$27,600,000.
administrative provisions--federal transit administration
Sec. 160. The limitations on obligations for the programs of the
Federal Transit Administration shall not apply to any authority under
49 U.S.C. 5338, previously made available for obligation, or to any
other authority previously made available for obligation.
Sec. 161. Notwithstanding any other provision of law, and except
for fixed guideway modernization projects, funds made available by this
Act under ``Federal Transit Administration, Capital investment grants''
for projects specified in this Act or identified in reports
accompanying this Act not obligated by September 30, 2009, and other
recoveries, shall be made available for other projects under 49 U.S.C.
5309.
Sec. 162. Notwithstanding any other provision of law, any funds
appropriated before October 1, 2005, under any section of chapter 53 of
title 49, United States Code, that remain available for expenditure may
be transferred to and administered under the most recent appropriation
heading for any such section.
Sec. 163. Notwithstanding any other provision of law, unobligated
funds made available for a new fixed guideway systems projects under
the heading ``Federal Transit Administration, Capital Investment
Grants'' in any appropriations Act prior to this Act may be used during
this fiscal year to satisfy expenses incurred for such projects.
Sec. 164. Amounts provided for a high capacity fixed guideway light
rail and mass transit project for the City of Albuquerque, New Mexico
in Public Laws 106-49, 106-346 and 107-87 shall be available for bus
and bus facilities.
Sec. 165. In regard to the Central Link Initial Segment Project, to
the extent that funds remain available within the current budget for
the project, the Secretary shall amend the Full Funding Grant Agreement
for said project to allow remaining funds to be used to support
completion of the Airport Link extension of said project.
Sec. 166. Notwithstanding any other provision of law, funds made
available for the Las Vegas Resort Corridor Fixed Guideway Project
under the category of Federal Transit Administration Capital Investment
Grants in Public Law 107-87, Public Law 108-7, and Public Law 108-199,
shall be available to the Regional Transportation Commission of
Southern Nevada for any bus or bus facilities project eligible under
section 5307 or 5309 of title 49, United States Code, and shall remain
available to the Regional Transportation Commission until expended.
Sec. 167. Notwithstanding any other provision of law, funds
appropriated in Public Law 109-115 for the City of Miami Streetcar
shall be available to perform Alternatives Analysis for the project.
Sec. 168. Intermodal Centers. (a) In General.--Notwithstanding
section 5309(m)(6)(B) of title 49, United States Code, half of the
amounts appropriated or made available under subsections (b) and (c) of
section 5338 of title 49, United States Code, for capital projects
under section 5309(m)(6)(B) of that title for fiscal years 2006 through
2009 shall be made available and used, in accordance with section
9008(a) of SAFETEA-LU, for an intermodal or marine facility comprising
a component of the Hawaii Port Infrastructure Expansion Program.
(b) Supplementary Funding.--Any amount made available pursuant to
subsection (a) shall be in addition to any amounts authorized or
appropriated pursuant to subsections (b) and (c) of section 9008 of
SAFETEA-LU.
Sec. 169. In addition to amounts made available for the alternative
analysis program under 49 U.S.C. 5339, funds appropriated to new fixed
guideway projects identified under the Capital Investment Grants
Account in this Act may also be used for alternative analysis
activities.
Saint Lawrence Seaway Development Corporation
The Saint Lawrence Seaway Development Corporation is hereby
authorized to make such expenditures, within the limits of funds and
borrowing authority available to the Corporation, and in accord with
law, and to make such contracts and commitments without regard to
fiscal year limitations as provided by section 104 of the Government
Corporation Control Act, as amended, as may be necessary in carrying
out the programs set forth in the Corporation's budget for the current
fiscal year.
operations and maintenance
(harbor maintenance trust fund)
For necessary expenses for operations and maintenance of those
portions of the Saint Lawrence Seaway operated and maintained by the
Saint Lawrence Seaway Development Corporation, $17,425,000, to be
derived from the Harbor Maintenance Trust Fund, pursuant to Public Law
99-662.
Maritime Administration
maritime security program
For necessary expenses to maintain and preserve a U.S.-flag
merchant fleet to serve the national security needs of the United
States, $154,440,000, to remain available until expended.
operations and training
For necessary expenses of operations and training activities
authorized by law, $115,830,000, of which $24,024,330 shall remain
available until September 30, 2007, for salaries and benefits of
employees of the United States Merchant Marine Academy; of which
$14,850,000 shall remain available until expended for capital
improvements at the United States Merchant Marine Academy; and of which
$7,920,000 shall remain available until expended for the State Maritime
Schools Schoolship Maintenance and Repair.
ship disposal
For necessary expenses related to the disposal of obsolete vessels
in the National Defense Reserve Fleet of the Maritime Administration,
$25,740,000, to remain available until expended.
maritime guaranteed loan (title xi) program account
(including transfer of funds)
For administrative expenses to carry out the guaranteed loan
program, not to exceed $3,317,000, which shall be transferred to and
merged with the appropriation for Operations and Training.
national defense tank vessel construction program
(rescission)
All unobligated balances under this heading are rescinded.
assistance to small shipyards
To make grants for capital improvements and related infrastructure
improvements at qualified shipyards that will facilitate the
efficiency, cost-effectiveness, and quality of domestic ship
construction for commercial and Federal Government use, $15,000,000, to
remain available until expended: Provided, That notwithstanding any
other provision of law, the term ``qualified shipyard'' means ``a
shipyard located in the United States that has not to exceed 1,000
employees at any ship construction and repair facility and not to
exceed 5,000 employees in the aggregate'': Provided further, That to be
considered for assistance, a qualified shipyard shall submit an
application for assistance no later than 60 days after enactment of
this Act: Provided further, That from applications submitted under the
previous proviso, the Secretary of Transportation shall make grants no
later than 120 days after enactment of this Act in such amounts as the
Secretary determines: Provided further, That not to exceed 2 percent of
the funds appropriated in this section shall be available for necessary
costs of grant administration.
maritime guaranteed loan (title xi) program
For the cost of guaranteed loans, as authorized, $30,000,000, to
remain available until expended: Provided, That such costs, including
the cost of modifying such loans, shall be as defined in section 502 of
the Congressional Budget Act of 1974, as amended: Provided further,
That the Inspector General shall report to the House and Senate
Committees on Appropriations by March 30, 2007, on whether the Maritime
Administration is in compliance with the recommendations contained in
the Inspector General's audit reports on the title XI program: Provided
further, That of the funds provided under this heading, $10,000,000 may
not be obligated or expended until the Department of Transportation's
Inspector General has issued said report to the House and Senate
Committees on Appropriations and subsequently found that the Maritime
Administration is in compliance.
administrative provisions--maritime administration
Sec. 170. Notwithstanding any other provision of this Act, the
Maritime Administration is authorized to furnish utilities and services
and make necessary repairs in connection with any lease, contract, or
occupancy involving Government property under control of the Maritime
Administration, and payments received therefore shall be credited to
the appropriation charged with the cost thereof: Provided, That rental
payments under any such lease, contract, or occupancy for items other
than such utilities, services, or repairs shall be covered into the
Treasury as miscellaneous receipts.
Sec. 171. No obligations shall be incurred during the current
fiscal year from the construction fund established by the Merchant
Marine Act, 1936 (46 App. U.S.C. 1101 et seq.), or otherwise, in excess
of the appropriations and limitations contained in this Act or in any
prior appropriations Act.
Pipeline and Hazardous Materials Safety Administration
administrative expenses
For necessary administrative expenses of the Pipeline and Hazardous
Materials Safety Administration, $17,721,000, of which $639,000 shall
be derived from the Pipeline Safety Fund.
hazardous materials safety
For expenses necessary to discharge the hazardous materials safety
functions of the Pipeline and Hazardous Materials Safety
Administration, $27,225,000, of which $2,111,000 shall remain available
until September 30, 2009: Provided, That up to $1,200,000 in fees
collected under 49 U.S.C. 5108(g) shall be deposited in the general
fund of the Treasury as offsetting receipts: Provided further, That
there may be credited to this appropriation, to be available until
expended, funds received from States, counties, municipalities, other
public authorities, and private sources for expenses incurred for
training, for reports publication and dissemination, and for travel
expenses incurred in performance of hazardous materials exemptions and
approvals functions.
pipeline safety
(pipeline safety fund)
(oil spill liability trust fund)
For expenses necessary to conduct the functions of the pipeline
safety program, for grants-in-aid to carry out a pipeline safety
program, as authorized by 49 U.S.C. 60107, and to discharge the
pipeline program responsibilities of the Oil Pollution Act of 1990,
$75,735,000, of which $18,810,000 shall be derived from the Oil Spill
Liability Trust Fund and shall remain available until September 30,
2009; of which $56,925,000 shall be derived from the Pipeline Safety
Fund, of which $24,000,000 shall remain available until September 30,
2009: Provided, That not less than $1,000,000 of the funds provided
under this heading shall be for the one-call State grant program.
emergency preparedness grants
(emergency preparedness fund)
For necessary expenses to carry out 49 U.S.C. 5128(b), $198,000, to
be derived from the Emergency Preparedness Fund, to remain available
until September 30, 2008: Provided, That not more than $28,328,000
shall be made available for obligation in fiscal year 2007 from amounts
made available by 49 U.S.C. 5116(i) and 5128(b)-(c): Provided further,
That none of the funds made available by 49 U.S.C. 5116(i), 5128(b), or
5128(c) shall be made available for obligation by individuals other
than the Secretary of Transportation, or his designee.
Research and Innovative Technology Administration
research and development
For necessary expenses of the Research and Innovative Technology
Administration, $8,217,000, of which $3,000,000 shall remain available
until September 30, 2009: Provided, That there may be credited to this
appropriation, to be available until expended, funds received from
States, counties, municipalities, other public authorities, and private
sources for expenses incurred for training.
Office of Inspector General
salaries and expenses
For necessary expenses of the Office of Inspector General to carry
out the provisions of the Inspector General Act of 1978, as amended,
$64,143,000: Provided, That the Inspector General shall have all
necessary authority, in carrying out the duties specified in the
Inspector General Act, as amended (5 U.S.C. App. 3), to investigate
allegations of fraud, including false statements to the government (18
U.S.C. 1001), by any person or entity that is subject to regulation by
the Department: Provided further, That the funds made available under
this heading shall be used to investigate, pursuant to section 41712 of
title 49, United States Code: (1) unfair or deceptive practices and
unfair methods of competition by domestic and foreign air carriers and
ticket agents; and (2) the compliance of domestic and foreign air
carriers with respect to item (1) of this proviso.
Surface Transportation Board
salaries and expenses
For necessary expenses of the Surface Transportation Board,
including services authorized by 5 U.S.C. 3109, $26,500,000: Provided,
That notwithstanding any other provision of law, not to exceed
$1,250,000 from fees established by the Chairman of the Surface
Transportation Board shall be credited to this appropriation as
offsetting collections and used for necessary and authorized expenses
under this heading: Provided further, That the sum herein appropriated
from the general fund shall be reduced on a dollar-for-dollar basis as
such offsetting collections are received during fiscal year 2007, to
result in a final appropriation from the general fund estimated at no
more than $25,250,000.
Administrative Provisions--Department of Transportation
(including transfers of funds)
Sec. 180. During the current fiscal year applicable appropriations
to the Department of Transportation shall be available for maintenance
and operation of aircraft; hire of passenger motor vehicles and
aircraft; purchase of liability insurance for motor vehicles operating
in foreign countries on official department business; and uniforms or
allowances therefor, as authorized by law (5 U.S.C. 5901-5902).
Sec. 181. Appropriations contained in this Act for the Department
of Transportation shall be available for services as authorized by 5
U.S.C. 3109, but at rates for individuals not to exceed the per diem
rate equivalent to the rate for an Executive Level IV.
Sec. 182. None of the funds in this Act shall be available for
salaries and expenses of more than 113 political and Presidential
appointees in the Department of Transportation: Provided, That none of
the personnel covered by this provision may be assigned on temporary
detail outside the Department of Transportation.
Sec. 183. None of the funds in this Act shall be used to implement
section 404 of title 23, United States Code.
Sec. 184. (a) No recipient of funds made available in this Act
shall disseminate personal information (as defined in 18 U.S.C.
2725(3)) obtained by a State department of motor vehicles in connection
with a motor vehicle record as defined in 18 U.S.C. 2725(1), except as
provided in 18 U.S.C. 2721 for a use permitted under 18 U.S.C. 2721.
(b) Notwithstanding subsection (a), the Secretary shall not
withhold funds provided in this Act for any grantee if a State is in
noncompliance with this provision.
Sec. 185. Funds received by the Federal Highway Administration,
Federal Transit Administration, and Federal Railroad Administration
from States, counties, municipalities, other public authorities, and
private sources for expenses incurred for training may be credited
respectively to the Federal Highway Administration's ``Federal-Aid
Highways'' account, the Federal Transit Administration's ``Transit
Planning and Research'' account, and to the Federal Railroad
Administration's ``Safety and Operations'' account, except for State
rail safety inspectors participating in training pursuant to 49 U.S.C.
20105.
Sec. 186. Notwithstanding any other provisions of law, rule or
regulation, the Secretary of Transportation is authorized to allow the
issuer of any preferred stock heretofore sold to the Department to
redeem or repurchase such stock upon the payment to the Department of
an amount determined by the Secretary.
Sec. 187. None of the funds in this Act to the Department of
Transportation may be used to make a grant unless the Secretary of
Transportation notifies the House and Senate Committees on
Appropriations not less than 3 full business days before any
discretionary grant award, letter of intent, or full funding grant
agreement totaling $1,000,000 or more is announced by the department or
its modal administrations from: (1) any discretionary grant program of
the Federal Highway Administration other than the emergency relief
program; (2) the airport improvement program of the Federal Aviation
Administration; or (3) any program of the Federal Transit
Administration other than the formula grants and fixed guideway
modernization programs: Provided, That no notification shall involve
funds that are not available for obligation.
Sec. 188. Rebates, refunds, incentive payments, minor fees and
other funds received by the Department of Transportation from travel
management centers, charge card programs, the subleasing of building
space, and miscellaneous sources are to be credited to appropriations
of the Department of Transportation and allocated to elements of the
Department of Transportation using fair and equitable criteria and such
funds shall be available until expended.
Sec. 189. Amounts made available in this or any other Act that the
Secretary determines represent improper payments by the Department of
Transportation to a third party contractor under a financial assistance
award, which are recovered pursuant to law, shall be available--
(1) to reimburse the actual expenses incurred by the
Department of Transportation in recovering improper payments;
and
(2) to pay contractors for services provided in recovering
improper payments: Provided, That amounts in excess of that
required for paragraphs (1) and (2)--
(A) shall be credited to and merged with the
appropriation from which the improper payments were
made, and shall be available for the purposes and
period for which such appropriations are available; or
(B) if no such appropriation remains available,
shall be deposited in the Treasury as miscellaneous
receipts: Provided, That prior to the transfer of any
such recovery to an appropriations account, the
Secretary shall notify the House and Senate Committees
on Appropriations of the amount and reasons for such
transfer: Provided further, That for purposes of this
section, the term ``improper payments'', has the same
meaning as that provided in section 2(d)(2) of Public
Law 107-300.
Sec. 190. The Secretary of Transportation is authorized to transfer
the unexpended balances available for the bonding assistance program
from ``Office of the Secretary, Salaries and expenses'' to ``Minority
Business Outreach''.
Sec. 191. None of the funds made available in this Act to the
Department of Transportation may be obligated for the Office of the
Secretary of Transportation to approve assessments or reimbursable
agreements pertaining to funds appropriated to the modal
administrations in this Act, except for activities underway on the date
of enactment of this Act, unless such assessments or agreements have
completed the normal reprogramming process for congressional
notification: Provided, That the Department's Office of Intelligence,
Security, and Emergency Response may assess and enter into reimbursable
agreements with the modal administrations for services necessary to
carry out emergency preparedness or emergency response activities, as
determined by the Secretary of Transportation: Provided further, That
notwithstanding any other provision of law, the Secretary is authorized
to detail modal administration employees to the Office of Intelligence,
Security, and Emergency Response without reimbursement and for fixed
periods of time, as determined by the Secretary, only insofar as
necessary to carry out emergency preparedness or emergency response
activities: Provided further, That the Department shall transmit to the
Committees on Appropriations of the Senate and of the House of
Representatives a quarterly report that provides information describing
any reimbursable agreements or personnel details carried out in
accordance with this section.
Sec. 192. None of the funds made available under this Act may be
obligated or expended to establish or implement a pilot program under
which not more than 10 designated essential air service communities
located in proximity to hub airports are required to assume 10 percent
of their essential air subsidy costs for a 4-year period commonly
referred to as the EAS local participation program.
Sec. 193. (a) Section 14710(a) of title 49, United States Code, is
amended--
(1) by striking ``a State authority may'' and inserting ``a
State authority other than the attorney general of the state
may, as parens patriae,''; and
(2) by inserting the following after the first sentence:
``Any civil action for injunctive relief to enjoin such delivery or
transportation or to compel a person to pay a fine or penalty assessed
under chapter 149 shall be brought in an appropriate district court of
the United States.''.
(b) Section 14710(b) of title 49, United States Code, is amended to
read as follows:
``(b) Exercise of Enforcement Authority.--The authority of this
section shall be exercised subject to the requirements of sections
14711(b)-(f) of this title.''.
(c) Section 14711(b)(1) of title 49, United States Code, is amended
by inserting the following at the end:
``The State may initiate a civil action under subsection (a) if it is
reviewable under subsection (b)(2).''.
(d) Section 14711(b)(4) of title 49, United States Code, is amended
by inserting ``that is subject to review under subsection (b)(2)''
before ``if the Secretary''.
(e) The amendments made by this section shall cease to be in effect
after September 30, 2007.
Sec. 194. Notwithstanding any other provision of law, none of the
funds provided in or limited by this Act may be obligated or expended
to provide a budget justification for fiscal year 2008 concurrently
with the President's annual budget submission to Congress under section
1105(a) of title 31, United States Code, to any congressional committee
other than the House and Senate Committees on Appropriations prior to
May 31, 2006.
Sec. 195. Notwithstanding any other provision of law, if any funds
provided in or limited by this Act are subject to a reprogramming
action that requires notice to be provided to the House and Senate
Committees on Appropriations, said reprogramming action shall be
approved or denied solely by the Committees on Appropriations:
Provided, That the Secretary may provide notice to other congressional
committees of the action of the Committees on Appropriations on such
reprogramming but not sooner than 30 days following the date on which
the reprogramming action has been approved or denied by the House and
Senate Committees on Appropriations.
Sec. 196. Notwithstanding any provision of law, the Secretary of
Transportation is authorized and directed to make project grants under
chapter 471 of title 49, United States Code, from funds available for
fiscal year 2007 and thereafter under 49 U.S.C. 48103, for the cost of
acquisition of land, or reimbursement of the cost of land if purchased
prior to enactment of this provision and prior to a grant agreement,
for non-exclusive use aeronautical purposes on an airport layout plan
that has been approved by the Secretary on January 23, 2004, pursuant
to section 49 U.S.C. 47107(a)(16), for any small hub airport as defined
in 49 U.S.C. 47102, and had scheduled or chartered direct international
flights totaling at least 200 million pounds gross aircraft landed
weight for calendar year 2002.
Sec. 197. The Administrator of the Federal Aviation Administration
may reimburse amounts made available to satisfy 49 U.S.C. 41742(a)(1)
from fees credited under 49 U.S.C. 45303: Provided, That during fiscal
year 2007, 49 U.S.C. 41472(b) shall not apply, and any amount remaining
in such account at the close of that fiscal year may be made available
to satisfy section 41742(a)(1) for the subsequent fiscal year.
Sec. 198. No assessments may be levied against any program, budget
activity, subactivity or project funded by this Act for the Working
Capital Fund unless notice of such assessments is transmitted to the
House and Senate Committees on Appropriations not less than 5 full
business days prior to such assessments.
Sec. 199. (a) Not later than 30 days after the date of the
enactment of this Act, the Surface Transportation Board shall conduct a
public hearing on the decisions of the Surface Transportation Board in
Central Power & Light Company v. Southern Pacific Transportation
Company, STB Docket No. 41242.
(b) Not later than 90 days after the date of the enactment of this
Act, the Surface Transportation Board shall issue proposed regulations
to provide shippers with a clear and expedited procedure for bringing
small rate cases before the Surface Transportation Board.
This title may be cited as the ``Department of Transportation
Appropriations Act, 2007''.
TITLE II
DEPARTMENT OF THE TREASURY
Departmental Offices
salaries and expenses
(including transfer of funds)
For necessary expenses of the Departmental Offices including
operation and maintenance of the Treasury Building and Annex; hire of
passenger motor vehicles; maintenance, repairs, and improvements of,
and purchase of commercial insurance policies for, real properties
leased or owned overseas, when necessary for the performance of
official business, $223,874,000, of which not to exceed $8,760,000 is
for executive direction program activities; not to exceed $8,741,000 is
for general counsel program activities; not to exceed $41,947,000 is
for economic policies and programs activities; not to exceed
$25,336,000 is for financial policies and programs activities; not to
exceed $45,701,000 is for terrorism and financial intelligence
activities; not to exceed $20,072,000 is for Treasury-wide management
policies and programs activities; and not to exceed $73,317,000 is for
administration programs activities: Provided, That of the amount
appropriated for terrorism and financial intelligence activities,
$24,263,000 is for the Office of Foreign Assets Control and shall
support no less than 139 full time equivalent positions: Provided
further, That the Secretary of the Treasury is authorized to transfer
funds appropriated for any program activity of the Departmental Offices
to any other program activity of the Departmental Offices upon
notification to the House and Senate Committees on Appropriations:
Provided further, That no appropriation for any program activity shall
be increased or decreased by more than two percent by all such
transfers: Provided further, That any change in funding greater than
two percent shall be submitted for approval to the House and Senate
Committees on Appropriations: Provided further, That of the amount
appropriated under this heading, not to exceed $3,000,000, to remain
available until September 30, 2008, for information technology
modernization requirements; not to exceed $100,000 for official
reception and representation expenses; and not to exceed $258,000 for
unforeseen emergencies of a confidential nature, to be allocated and
expended under the direction of the Secretary of the Treasury and to be
accounted for solely on his certificate: Provided further, That of the
amount appropriated under this heading, $5,114,000, to remain available
until September 30, 2008, is for the Treasury-wide Financial Statement
Audit and Internal Control Program, of which such amounts as may be
necessary may be transferred to accounts of the Department's offices
and bureaus to conduct audits: Provided further, That this transfer
authority shall be in addition to any other provided in this Act.
department-wide systems and capital investments programs
(including transfer of funds)
For development and acquisition of automatic data processing
equipment, software, and services for the Department of the Treasury,
$34,032,000, to remain available until September 30, 2009: Provided,
That these funds shall be transferred to accounts and in amounts as
necessary to satisfy the requirements of the Department's offices,
bureaus, and other organizations: Provided further, That this transfer
authority shall be in addition to any other transfer authority provided
in this Act: Provided further, That none of the funds appropriated
shall be used to support or supplement ``Internal Revenue Service,
Operations Support'' or ``Internal Revenue Service, Business Systems
Modernization''.
office of inspector general
salaries and expenses
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978, as
amended, not to exceed $2,000,000 for official travel expenses,
including hire of passenger motor vehicles; and not to exceed $100,000
for unforeseen emergencies of a confidential nature, to be allocated
and expended under the direction of the Inspector General of the
Treasury, $18,352,000, of which not to exceed $2,500 shall be available
for official reception and representation expenses.
treasury inspector general for tax administration
salaries and expenses
For necessary expenses of the Treasury Inspector General for Tax
Administration in carrying out the Inspector General Act of 1978, as
amended, including purchase (not to exceed 150 for replacement only for
police-type use) and hire of passenger motor vehicles (31 U.S.C.
1343(b)); services authorized by 5 U.S.C. 3109, at such rates as may be
determined by the Inspector General for Tax Administration; not to
exceed $6,000,000 for official travel expenses; and not to exceed
$500,000 for unforeseen emergencies of a confidential nature, to be
allocated and expended under the direction of the Inspector General for
Tax Administration, $136,469,000; and of which not to exceed $1,500
shall be available for official reception and representation expenses.
air transportation stabilization program account
In fiscal year 2007, the Air Transportation Stabilization Board may
charge fees to a borrower for the costs to the Air Transportation
Stabilization Board associated with bankruptcy proceedings of the
borrower. Such fees shall be collected and deposited in the Air
Transportation Stabilization Program Account, to be available for such
costs.
Financial Crimes Enforcement Network
salaries and expenses
For necessary expenses of the Financial Crimes Enforcement Network,
including hire of passenger motor vehicles; travel expenses of non-
Federal and foreign government personnel to attend meetings and
training concerned with domestic and foreign financial intelligence
activities, law enforcement, and financial regulation; not to exceed
$14,000 for official reception and representation expenses; and for
assistance to Federal law enforcement agencies, with or without
reimbursement, $77,321,000, of which not to exceed $7,400,000 shall
remain available until September 30, 2009; and of which $8,651,000
shall remain available until September 30, 2008: Provided, That funds
appropriated in this account may be used to procure personal services
contracts.
Financial Management Service
salaries and expenses
For necessary expenses of the Financial Management Service,
$233,654,000, of which not to exceed $9,220,000 shall remain available
until September 30, 2009, for information systems modernization
initiatives; and of which not to exceed $2,500 shall be available for
official reception and representation expenses.
Alcohol and Tobacco Tax and Trade Bureau
salaries and expenses
For necessary expenses of carrying out section 1111 of the Homeland
Security Act of 2002, including hire of passenger motor vehicles,
$92,604,000; of which not to exceed $6,000 for official reception and
representation expenses; not to exceed $50,000 for cooperative research
and development programs for laboratory services; and provision of
laboratory assistance to State and local agencies with or without
reimbursement.
Bureau of the Public Debt
administering the public debt
For necessary expenses connected with any public-debt issues of the
United States, $180,789,000, of which not to exceed $2,500 shall be
available for official reception and representation expenses, and of
which not to exceed $2,000,000 shall remain available until expended
for systems modernization: Provided, That the sum appropriated herein
from the general fund for fiscal year 2007 shall be reduced by not more
than $3,000,000 as definitive security issue fees and Treasury Direct
Investor Account Maintenance fees are collected, so as to result in a
final fiscal year 2007 appropriation from the general fund estimated at
$177,789,000. In addition, $70,000 to be derived from the Oil Spill
Liability Trust Fund to reimburse the Bureau for administrative and
personnel expenses for financial management of the Fund, as authorized
by section 1012 of Public Law 101-380.
Community Development Financial Institutions Fund
community development financial institutions fund program account
To carry out the Community Development Banking and Financial
Institutions Act of 1994 (Public Law 103-325), including services
authorized by 5 U.S.C. 3109, but at rates for individuals not to exceed
the per diem rate equivalent to the rate for ES-3, $55,000,000, to
remain available until September 30, 2008, of which $3,000,000 shall be
for financial assistance, technical assistance, training and outreach
programs designed to benefit Native American, Native Hawaiian, and
Alaskan Native communities and provided primarily through qualified
community development lender organizations with experience and
expertise in community development banking and lending in Indian
country, Native American organizations, tribes and tribal organizations
and other suitable providers, and up to $12,800,000 may be used for
administrative expenses, including administration of the New Markets
Tax Credit, up to $6,000,000 may be used for the cost of direct loans,
and up to $250,000 may be used for administrative expenses to carry out
the direct loan program: Provided, That the cost of direct loans,
including the cost of modifying such loans, shall be as defined in
section 502 of the Congressional Budget Act of 1974, as amended:
Provided further, That these funds are available to subsidize gross
obligations for the principal amount of direct loans not to exceed
$11,000,000.
United States Mint
united states mint public enterprise fund
Pursuant to section 5136 of title 31, United States Code, the
United States Mint is provided funding through the United States Mint
Public Enterprise Fund for costs associated with the production of
circulating coins, numismatic coins, and protective services, including
both operating expenses and capital investments. The aggregate amount
of new liabilities and obligations incurred during fiscal year 2007
under such section 5136 for circulating coinage and protective service
capital investments of the United States Mint shall not exceed
$30,200,000.
Internal Revenue Service
taxpayer services
For necessary expenses of the Internal Revenue Service to provide
taxpayer services, including pre-filing assistance and education,
filing and account services, taxpayer advocacy services, and other
services as authorized by 5 U.S.C. 3109, at such rates as may be
determined by the Commissioner, $2,110,000,000, of which not less than
$4,500,000 shall be for the Tax Counseling for the Elderly Program, and
of which not less than $9,000,000 shall be available for low-income
taxpayer clinic grants.
enforcement
(including transfer of funds)
For necessary expenses of the Internal Revenue Service to determine
and collect owed taxes, to provide legal and litigation support, to
conduct criminal investigations, to enforce criminal statutes related
to violations of internal revenue laws and other financial crimes, to
purchase (for police-type use, not to exceed 850) and hire of passenger
motor vehicles (31 U.S.C. 1343(b)), and to provide other services as
authorized by 5 U.S.C. 3109, at such rates as may be determined by the
Commissioner, $4,797,126,000, of which not less than $55,584,000 shall
be for the Interagency Crime and Drug Enforcement program: Provided,
That up to $10,000,000 may be transferred as necessary from this
account to the Internal Revenue Service Operations Support
appropriations solely for the purposes of the Interagency Crime and
Drug Enforcement program: Provided further, That this transfer
authority shall be in addition to any other transfer authority provided
in this Act.
operations support
For necessary expenses of the Internal Revenue Service to operate
and support taxpayer services and enforcement programs, including rent
payments; facilities services; printing; postage; physical security;
headquarters and other IRS-wide administration activities; research and
statistics of income; telecommunications; information technology
development, enhancement, operations, maintenance, and security; the
hire of passenger motor vehicles (31 U.S.C. 1343(b)); and other
services as authorized by 5 U.S.C. 3109, at such rates as may be
determined by the Commissioner; $3,487,000,000, of which $75,000,000
shall remain available until September 30, 2009, for information
technology support; of which not to exceed $1,000,000 shall remain
available until September 30, 2009, for research; and of which not to
exceed $50,000 shall be for official reception and representation.
business systems modernization
For necessary expenses of the Internal Revenue Service to operate
and support the business systems modernization program, $245,000,000,
to remain available until September 30, 2009, for the capital asset
acquisition of information technology systems, including management and
related contractual costs of said acquisitions, including contractual
costs associated with operations authorized by 5 U.S.C. 3109 and that
none of these funds may be obligated until the Internal Revenue Service
submits to the Committees on Appropriations, and such Committees
approve, a plan for expenditure that: (1) meets the capital planning
and investment control review requirements established by the Office of
Management and Budget, including Circular A-11; (2) complies with the
Internal Revenue Service's enterprise architecture, including the
modernization blueprint; (3) conforms to the Internal Revenue Service's
enterprise life cycle methodology; (4) is approved by the Internal
Revenue Service, the Department of the Treasury, and the Office of
Management and Budget; (5) has been reviewed by the Government
Accountability Office; and (6) complies with the acquisition rules,
requirements, guidelines, and systems acquisition management practices
of the Federal Government.
health insurance tax credit administration
For expenses necessary to implement the health insurance tax credit
included in the Trade Act of 2002 (Public Law 107-210), $14,846,000.
irs oversight board
For necessary expenses of the Internal Revenue Service Oversight
Board for responsibilities under section 7802 of the Internal Revenue
Code of 1986, $2,000,000, of which not to exceed $1,500 shall be for
official reception and representation expenses.
administrative provisions--internal revenue service
(including transfer of funds)
Sec. 201. Not to exceed 5 percent of any appropriation made
available in this Act to the Internal Revenue Service or not to exceed
3 percent of appropriations under the heading ``Enforcement'' may be
transferred to any other Internal Revenue Service appropriation upon
the advance approval of the Committees on Appropriations.
Sec. 202. The Internal Revenue Service shall maintain a training
program to ensure that Internal Revenue Service employees are trained
in taxpayers' rights, in dealing courteously with taxpayers, and in
cross-cultural relations.
Sec. 203. The Internal Revenue Service shall institute and enforce
policies and procedures that will safeguard the confidentiality of
taxpayer information.
Sec. 204. Funds made available by this or any other Act to the
Internal Revenue Service shall be available for improved facilities and
increased manpower to provide sufficient and effective 1-800 help line
service for taxpayers. The Commissioner shall continue to make the
improvement of the Internal Revenue Service 1-800 help line service a
priority and allocate resources necessary to increase phone lines and
staff to improve the Internal Revenue Service 1-800 help line service.
Sec. 205. Of the funds made available by this Act to the Internal
Revenue Service, not less than $170,000,000 shall be available for
operating expenses of the Taxpayer Advocate Service.
Sec. 206. The Internal Revenue Service shall submit its fiscal year
2008 congressional budget justifications to the Committees on
Appropriations of the House of Representatives and the Senate using the
identical structure provided under this Act and only in accordance with
the direction specified in the report accompanying this Act.
Sec. 207. Of the funds made available by this Act to the Internal
Revenue Service, not to exceed $10,000,000 may be transferred as
necessary between appropriations solely for the purpose of management
of the Earned Income Tax Credit program, including expanded customer
service and public outreach programs, strengthened enforcement
activities, and enhanced research efforts to reduce erroneous filings,
after notice is provided to the Committees on Appropriations of the
Senate and the House of Representatives: Provided, That this transfer
authority shall be in addition to any other transfer authority provided
in this Act.
Sec. 208. Of the funds made available by this Act to the Internal
Revenue Service, not to exceed $35,000,000 may be transferred from the
``Taxpayer Services'' or ``Enforcement'' accounts to the ``Operations
Support'' account for the support of taxpayer services and tax law
enforcement activities, including operations and maintenance expenses
of enhanced and/or new information technology systems that directly
support these programs upon the advance approval of the Committees on
Appropriations: Provided, That this transfer authority shall be in
addition to any other transfer authority provided in this Act.
Sec. 209. Appropriations for the Internal Revenue Service for the
taxpayer service and tax law enforcement programs for fiscal year 2007
and thereafter shall be made up of three accounts, ``Taxpayer
Services'', ``Enforcement'', and ``Operations Support'' for fulfilling
the taxpayer service and enforcement programs.
Sec. 210. Amounts made available for fiscal year 2007 under the
``Taxpayer Services'', ``Enforcement'', and ``Operations Support''
accounts may be transferred between the accounts to the extent
necessary to implement the restructuring of the Internal Revenue
Service accounts after notice of the amount and purpose of the transfer
is provided to the Committees on Appropriations of the Senate and House
of Representatives and a period of 30 days has elapsed: Provided, That
the limitation on transfers is 20 percent in fiscal year 2007.
Sec. 211. The Internal Revenue Service shall develop a strategic
plan that details approaches to increase the voluntary tax compliance
rate to 85 percent in fiscal year 2009: Provided, That the Internal
Revenue Service shall submit such plan to the IRS Oversight Board for
review and approval prior to submitting such plan to the Committees on
Appropriations of the House of Representatives and the Senate by no
later than April 13, 2007: Provided further, That the Internal Revenue
Service shall consult with the National Taxpayer Advocate on such plan.
Administrative Provisions--Department of the Treasury
(including transfer of funds)
Sec. 212. Appropriations to the Department of the Treasury in this
Act shall be available for uniforms or allowances therefor, as
authorized by law (5 U.S.C. 5901), including maintenance, repairs, and
cleaning; purchase of insurance for official motor vehicles operated in
foreign countries; purchase of motor vehicles without regard to the
general purchase price limitations for vehicles purchased and used
overseas for the current fiscal year; entering into contracts with the
Department of State for the furnishing of health and medical services
to employees and their dependents serving in foreign countries; and
services authorized by 5 U.S.C. 3109.
Sec. 213. Not to exceed 2 percent of any appropriations in this Act
made available to the Departmental Offices--Salaries and Expenses,
Office of Inspector General, Financial Management Service, Alcohol and
Tobacco Tax and Trade Bureau, Financial Crimes Enforcement Network, and
Bureau of the Public Debt, may be transferred between such
appropriations upon the advance approval of the Committees on
Appropriations: Provided, That no transfer may increase or decrease any
such appropriation by more than 2 percent.
Sec. 214. Not to exceed 2 percent of any appropriation made
available in this Act to the Internal Revenue Service may be
transferred to the Treasury Inspector General for Tax Administration's
appropriation upon the advance approval of the Committees on
Appropriations: Provided, That no transfer may increase or decrease any
such appropriation by more than 2 percent.
Sec. 215. Of the funds available for the purchase of law
enforcement vehicles, no funds may be obligated until the Secretary of
the Treasury certifies that the purchase by the respective Treasury
bureau is consistent with Departmental vehicle management principles:
Provided, That the Secretary may delegate this authority to the
Assistant Secretary for Management.
Sec. 216. None of the funds appropriated in this Act or otherwise
available to the Department of the Treasury or the Bureau of Engraving
and Printing may be used to redesign the $1 Federal Reserve note.
Sec. 217. The Secretary of the Treasury may transfer funds from
Financial Management Services, Salaries and Expenses to Debt Collection
Fund as necessary to cover the costs of debt collection: Provided, That
such amounts shall be reimbursed to such salaries and expenses account
from debt collections received in the Debt Collection Fund.
Sec. 218. Section 122(g)(1) of Public Law 105-119 (5 U.S.C. 3104
note), is further amended by striking ``8 years'' and inserting ``9
years''.
Sec. 219. None of the funds appropriated or otherwise made
available by this or any other Act may be used by the United States
Mint to construct or operate any museum without the explicit approval
of the House Committee on Financial Services and the Senate Committee
on Banking, Housing, and Urban Affairs.
Sec. 220. None of the funds appropriated or otherwise made
available by this or any other Act or source to the Department of the
Treasury, the Bureau of Engraving and Printing, and the United States
Mint, individually or collectively, may be used to consolidate any or
all functions of the Bureau of Engraving and Printing and the United
States Mint without the explicit approval of the House Committee on
Financial Services; the Senate Committee on Banking, Housing, and Urban
Affairs; the House Committee on Appropriations; and the Senate
Committee on Appropriations.
Sec. 221. Funds appropriated by this Act, or made available by the
transfer of funds in this Act, for the Department of the Treasury's
intelligence or intelligence related activities are deemed to be
specifically authorized by the Congress for purposes of section 504 of
the National Security Act of 1947 (50 U.S.C. 414) during fiscal year
2007 until the enactment of the Intelligence Authorization Act for
Fiscal Year 2007.
Sec. 222. The Secretary of the Treasury shall provide quarterly
reports to the House and Senate Committees on Appropriations regarding
all uncommitted, unobligated, excess, and unexpended funds in each
program and activity within the jurisdiction of the Department of the
Treasury and shall submit additional, updated budget information to
these committees upon request.
This title may be cited as the ``Department of the Treasury
Appropriations Act, 2007''.
TITLE III
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
Public and Indian Housing
tenant-based rental assistance
(including transfer of funds)
For activities and assistance for the provision of tenant-based
rental assistance authorized under the United States Housing Act of
1937, as amended (42 U.S.C. 1437 et seq.) (``the Act'' herein), not
otherwise provided for, $15,920,000,000, to remain available until
expended, of which $11,720,000,000 shall be available on October 1,
2006, and $4,200,000,000 shall be available on October 1, 2007:
Provided, That the amounts made available under this heading are
provided as follows:
(1) $14,436,200,000 for renewals of expiring section 8
tenant-based annual contributions contracts (including renewals
of enhanced vouchers under any provision of law authorizing
such assistance under section 8(t) of the Act): Provided, That
notwithstanding any other provision of law, from amounts
provided under this paragraph, the Secretary for the calendar
year 2007 funding cycle shall provide renewal funding for each
public housing agency based on the ``verified voucher
management system'' (VMS) leasing and cost data for the most
recently completed 12 consecutive month period for which the
Secretary determines the data is verifiable and complete, prior
to prorations, and by applying the 2007 Annual Adjustment
Factor as established by the Secretary, and by making any
necessary adjustments for the costs associated with deposits to
the Family self-sufficiency escrow account or the first-time
renewal of tenant protection or HOPE VI vouchers or vouchers
that were not in use during the 12-month period in order to be
available to meet a commitment pursuant to section 8(o)(13) of
the Act: Provided further, That the Secretary shall, to the
extent necessary to stay within the amount provided under this
paragraph, pro rate each public housing agency's allocation
otherwise established pursuant to this paragraph: Provided
further, That except as provided in the following proviso, the
entire amount provided under this paragraph shall be obligated
to the public housing agencies based on the allocation and pro
rata method described above and the Secretary shall notify
public housing agencies of their annual budgets not later than
45 days after enactment of this Act: Provided further, That
public housing agencies participating in the Moving to Work
demonstration shall be funded pursuant to their Moving to Work
agreements and shall be subject to the same pro rata
adjustments under the previous proviso: Provided further, That
up to $100,000,000 shall be available only: (1) to adjust the
allocations for public housing agencies, after application for
an adjustment by a public housing agency and verification by
HUD, whose allocations under this heading for contract renewals
for the calendar year 2007 funding cycle were based on verified
VMS leasing and cost data averaged for the most recent 12-month
period; and (2) for adjustments for public housing agencies
that experienced a significant increase, as determined by the
Secretary, in renewal costs resulting from unforeseen
circumstances or from the portability under section 8(r) of the
United States Housing Act of 1937 of tenant-based rental
assistance: Provided further, That none of the funds provided
in this paragraph may be used to support a total number of unit
months under lease which exceeds a public housing agency's
authorized level of units under contract;
(2) $149,300,000 for section 8 rental assistance for
relocation and replacement of housing units that are demolished
or disposed of pursuant to the Omnibus Consolidated Rescissions
and Appropriations Act of 1996 (Public Law 104-134), conversion
of section 23 projects to assistance under section 8, the
family unification program under section 8(x) of the Act,
relocation of witnesses in connection with efforts to combat
crime in public and assisted housing pursuant to a request from
a law enforcement or prosecution agency, enhanced vouchers
under any provision of law authorizing such assistance under
section 8(t) of the Act, HOPE VI vouchers, mandatory and
voluntary conversions, and tenant protection assistance
including replacement and relocation assistance or vouchers
that were not in use during the 12-month period in order to be
available to meet a commitment pursuant to section 8(o)(13) of
the Act: Provided, That no more than $10,000,000 can be used
for section 8 assistance to cover the cost of judgments and
settlement agreements: Provided further, That additional
section 8 tenant protection rental assistance costs may be
funded in 2007 by utilizing unobligated balances, including
recaptures and carryover, remaining from funds appropriated to
the Department of Housing and Urban Development under this
heading, the heading ``Annual Contributions for Assisted
Housing'', the heading ``Housing Certificate Fund'', and the
heading ``Project-based rental assistance'', for fiscal year
2006 and prior years;
(3) $47,500,000 for family self-sufficiency coordinators
under section 23 of the Act;
(4) up to $10,000,000 shall be available for new
incremental vouchers for the Family Unification Program;
(5) $5,900,000 shall be transferred to the Working Capital
Fund; and
(6) $1,271,100,000 for administrative and other expenses of
public housing agencies in administering the section 8 tenant-
based rental assistance program, of which up to $30,000,000
shall be available to the Secretary to allocate to public
housing agencies that need additional funds to administer their
section 8 programs with up to $26,000,000 to be for fees
associated with section 8 rental assistance: Provided, That
$1,251,000,000 of the amount provided in this paragraph shall
be allocated for the calendar year 2007 funding cycle on a
basis to public housing agencies as provided in section 8(q) of
the Act as in effect immediately before the enactment of the
Quality Housing and Work Responsibility Act of 1998 (Public Law
105-276): Provided further, That if the amounts made available
under this paragraph are insufficient to pay the amounts
required by this paragraph, the Secretary may decrease the
amounts allocated to agencies by a uniform prorated percentage
applicable to all agencies receiving funding under this
paragraph or may, to the extent necessary to provide full
payment of amounts required under this paragraph, utilize
unobligated balances, including recaptures and carryovers,
remaining from funds appropriated to the Department of Housing
and Urban Development under this heading, the heading ``Annual
Contributions for Assisted Housing'', the heading ``Housing
Certificate Fund'', and the heading ``Project-based rental
assistance'', for fiscal year 2006 and prior years: Provided
further, That all amounts provided under this paragraph shall
be only for activities related to the provision of tenant-based
rental assistance authorized under section 8, including related
development activities.
housing certificate fund
(rescission)
Of the unobligated balances, including recaptures and carryover,
remaining from funds appropriated to the Department of Housing and
Urban Development under this heading, the heading ``Annual
contributions for assisted housing'', the heading ``Tenant-based rental
assistance'', and the heading ``Project-based rental assistance'', for
fiscal year 2006 and prior years, $2,000,000,000 are rescinded, to be
effected by the Secretary no later than September 30, 2007: Provided,
That if insufficient funds exist under these headings, any outstanding
rescission shall be rescinded first from $10,000,000 under the heading
``Office of Management and Budget'' and then from $10,000,000 from
under the heading ``Salaries and Expenses'' under the Department of
Housing and Urban Development: Provided further, That, if insufficient
funds exist under these headings, the remaining balance may be derived
from any other heading under this title: Provided further, That the
Secretary shall notify the Committees on Appropriations 30 days in
advance of the rescission of any funds derived from the headings
specified above: Provided further, That any such balances governed by
reallocation provisions under the statute authorizing the program for
which the funds were originally appropriated shall be available for the
rescission: Provided further, That any obligated balances of contract
authority from fiscal year 1974 and prior that have been terminated
shall be cancelled: Provided further, That no amounts recaptured from
amounts appropriated in prior years under this heading or the heading
``Annual contributions for assisted housing'' and no carryover of such
appropriated amounts for project-based assistance shall be available
for the calendar year 2007 funding cycle for activities provided for
under the heading ``Tenant-based rental assistance''.
project-based rental assistance
(including transfer of funds)
For activities and assistance for the provision of project-based
subsidy contracts under the United States Housing Act of 1937, as
amended (42 U.S.C. 1437 et seq.) (``the Act'' herein), not otherwise
provided for, $5,675,700,000, to remain available until expended:
Provided, That the amounts made available under this heading are
provided as follows:
(1) $5,526,240,000 for expiring or terminating section 8
project-based subsidy contracts (including section 8 moderate
rehabilitation contracts), for amendments to section 8 project-
based subsidy contracts (including section 8 moderate
rehabilitation contracts), for contracts entered into pursuant
to section 441 of the McKinney-Vento Homeless Assistance Act,
for renewal of section 8 contracts for units in projects that
are subject to approved plans of action under the Emergency Low
Income Housing Preservation Act of 1987 or the Low-Income
Housing Preservation and Resident Homeownership Act of 1990,
and for administrative and other expenses associated with
project-based activities and assistance funded under this
paragraph.
(2) $145,500,000 for performance-based contract
administrators for section 8 project-based assistance:
Provided, That the Secretary may also use such amounts for
performance-based contract administrators for: interest
reduction payments pursuant to section 236(a) of the National
Housing Act (12 U.S.C. 1715z-1(a)); rent supplement payments
pursuant to section 101 of the Housing and Urban Development
Act of 1965 (12 U.S.C. 1701s); section 236(f)(2) rental
assistance payments (12 U.S.C. 1715z-1(f)(2)); project rental
assistance contracts for the elderly under section 202(c)(2) of
the Housing Act of 1959, as amended (12 U.S.C. 1701q, 1701q-1);
project rental assistance contracts for supportive housing for
persons with disabilities under section 811(d)(2) of the
Cranston-Gonzalez National Affordable Housing Act; project
assistance contracts pursuant to section 202(h) of the Housing
Act of 1959 (Public Law 86-372; 73 Stat. 667); and loans under
section 202 of the Housing Act of 1959 (Public Law 86-372; 73
Stat. 667).
(3) $3,960,000 shall be transferred to the Working Capital
Fund: Provided further, That amounts recaptured under this
heading, the heading ``Annual Contributions for Assisted
Housing'', or the heading ``Housing Certificate Fund'', for
project-based section 8 activities may be used for renewals of
or amendments to section 8 project-based subsidy contracts or
for performance-based contract administrators, notwithstanding
the purposes for which such amounts were appropriated.
(4) amounts recaptured under this heading, the heading
``Annual Contributions for Assisted Housing'', or the heading
``Housing Certificate Fund'' may be used for renewals of or
amendments to section 8 project-based contracts,
notwithstanding the purposes for which such amounts were
appropriated.
public housing capital fund
(including transfer of funds)
For the Public Housing Capital Fund Program to carry out capital
and management activities for public housing agencies, as authorized
under section 9 of the United States Housing Act of 1937, as amended
(42 U.S.C. 1437g) (the ``Act'') $2,460,000,000, to remain available
until September 30, 2010: Provided, That notwithstanding any other
provision of law or regulation, during fiscal year 2007, the Secretary
may not delegate to any Department official other than the Deputy
Secretary and the Assistant Secretary for Public and Indian Housing any
authority under paragraph (2) of section 9(j) regarding the extension
of the time periods under such section: Provided further, That for
purposes of such section 9(j), the term ``obligate'' means, with
respect to amounts, that the amounts are subject to a binding agreement
that will result in outlays, immediately or in the future: Provided
further, That of the total amount provided under this heading, up to
$10,890,000 shall be for carrying out activities under section 9(h) of
such Act: Provided further, That $14,850,000 shall be transferred to
the Working Capital Fund: Provided further, That no funds may be used
under this heading for the purposes specified in section 9(k) of the
United States Housing Act of 1937, as amended: Provided further, That
of the total amount provided under this heading, up to $19,800,000
shall be available for the Secretary of Housing and Urban Development
to make grants, notwithstanding section 305 of this Act, to public
housing agencies for emergency capital needs resulting from unforeseen
or unpreventable emergencies and natural disasters occurring in fiscal
year 2007: Provided further, That of the total amount provided under
this heading, $30,000,000 shall be for supportive services, service
coordinators and congregate services as authorized by section 34 of the
Act and the Native American Housing Assistance and Self-Determination
Act of 1996: Provided further, That of the total amount provided under
this heading up to $7,920,000 is to support the costs of administrative
and judicial receiverships: Provided further, That of the total amount
provided under this heading, up to $15,345,000 shall be to support the
ongoing public housing financial and physical assessment activities of
the Real Estate Assessment Center (REAC).
public housing operating fund
For 2007 payments to public housing agencies for the operation and
management of public housing, as authorized by section 9(e) of the
United States Housing Act of 1937, as amended (42 U.S.C. 1437g(e)),
$3,660,000,000: Provided, That, in fiscal year 2006 and all fiscal
years hereafter, no amounts under this heading in any appropriations
Act may be used for payments to public housing agencies for the costs
of operation and management of public housing for any year prior to the
current year of such Act: Provided further, That no funds may be used
under this heading for the purposes specified in section 9(k) of the
United States Housing Act of 1937, as amended: Provided further, That
up to $30,000,000 shall be available to public housing agencies of less
than 500 units to make adjustments to the new requirements of the
public housing operating fund rule.
revitalization of severely distressed public housing (hope vi)
For grants to public housing agencies for demolition, site
revitalization, replacement housing, and tenant-based assistance grants
to projects as authorized by section 24 of the United States Housing
Act of 1937, as amended, $100,000,000, to remain available until
September 30, 2008, of which the Secretary may use up to $2,000,000 for
technical assistance and contract expertise, to be provided directly or
indirectly by grants, contracts or cooperative agreements, including
training and cost of necessary travel for participants in such
training, by or to officials and employees of the department and of
public housing agencies and to residents: Provided, That none of such
funds shall be used directly or indirectly by granting competitive
advantage in awards to settle litigation or pay judgments, unless
expressly permitted herein.
native american housing block grants
(including transfer of funds)
For the Native American Housing Block Grants program, as authorized
under title I of the Native American Housing Assistance and Self-
Determination Act of 1996 (NAHASDA) (25 U.S.C. 4111 et seq.),
$625,680,000, to remain available until expended: Provided, That,
notwithstanding the Native American Housing Assistance and Self-
Determination Act of 1996, to determine the amount of the allocation
under title I of such Act for each Indian tribe, the Secretary shall
apply the formula under section 302 of such Act with the need component
based on single-race Census data and with the need component based on
multi-race Census data, and the amount of the allocation for each
Indian tribe shall be the greater of the two resulting allocation
amounts: Provided further, That of the amounts made available under
this heading, $2,000,000 shall be contracted through the Secretary as
technical assistance and capacity building to be used by the National
American Indian Housing Council in support of the implementation of
NAHASDA; $3,465,000 shall be to support the inspection of Indian
housing units, contract expertise, training, and technical assistance
in the training, oversight, and management of Indian housing and
tenant-based assistance, including up to $300,000 for related travel:
Provided further, That of the amount provided under this heading,
$1,980,000 shall be made available for the cost of guaranteed notes and
other obligations, as authorized by title VI of NAHASDA: Provided
further, That such costs, including the costs of modifying such notes
and other obligations, shall be as defined in section 502 of the
Congressional Budget Act of 1974, as amended: Provided further, That
these funds are available to subsidize the total principal amount of
any notes and other obligations, any part of which is to be guaranteed,
not to exceed $14,938,825: Provided further, That for administrative
expenses to carry out the guaranteed loan program, up to $148,500 from
amounts in the third proviso, which shall be transferred to and merged
with the appropriation for ``Salaries and Expenses''.
native hawaiian housing block grant
For the Native Hawaiian Housing Block Grant program, as authorized
under title VIII of the Native American Housing Assistance and Self-
Determination Act of 1996 (25 U.S.C. 4111 et seq.), $8,815,000, to
remain available until expended, of which $299,211 shall be for
training and technical assistance activities.
indian housing loan guarantee fund program account
(including transfer of funds)
For the cost of guaranteed loans, as authorized by section 184 of
the Housing and Community Development Act of 1992 (12 U.S.C. 1715z-
13a), $5,940,000, to remain available until expended: Provided, That
such costs, including the costs of modifying such loans, shall be as
defined in section 502 of the Congressional Budget Act of 1974, as
amended: Provided further, That these funds are available to subsidize
total loan principal, any part of which is to be guaranteed, not to
exceed $251,000,000.
In addition, for administrative expenses to carry out the
guaranteed loan program, up to $247,500 from amounts in the first
paragraph which shall be transferred to and merged with the
appropriation for ``Salaries and Expenses''.
native hawaiian housing loan guarantee fund program account
(including transfer of funds)
For the cost of guaranteed loans, as authorized by section 184A of
the Housing and Community Development Act of 1992 (12 U.S.C. 1715z-
13b), $1,010,000, to remain available until expended: Provided, That
such costs, including the costs of modifying such loans, shall be as
defined in section 502 of the Congressional Budget Act of 1974, as
amended: Provided further, That these funds are available to subsidize
total loan principal, any part of which is to be guaranteed, not to
exceed $43,000,000.
In addition, for administrative expenses to carry out the
guaranteed loan program, up to $35,000 from amounts in the first
paragraph which shall be transferred to and merged with the
appropriation for ``Salaries and Expenses''.
Community Planning and Development
housing opportunities for persons with aids
For carrying out the Housing Opportunities for Persons with AIDS
program, as authorized by the AIDS Housing Opportunity Act (42 U.S.C.
12901 et seq.), $295,000,000, to remain available until September 30,
2008, except that amounts allocated pursuant to section 854(c)(3) of
such Act shall remain available until September 30, 2009: Provided,
That the Secretary shall renew all expiring contracts for permanent
supportive housing that were funded under section 854(c)(3) of such Act
that meet all program requirements before awarding funds for new
contracts and activities authorized under this section: Provided
further, That the Secretary may use up to $1,485,000 of the funds under
this heading for training, oversight, and technical assistance
activities.
rural housing and economic development
For the Office of Rural Housing and Economic Development in the
Department of Housing and Urban Development, $20,000,000, to remain
available until expended, which amount shall be competitively awarded
by September 1, 2007, to Indian tribes, State housing finance agencies,
State community and/or economic development agencies, local rural
nonprofits and community development corporations to support innovative
housing and economic development activities in rural areas.
community development fund
(including transfer of funds)
For assistance to units of State and local government, and to other
entities, for economic and community development activities, and for
other purposes, $4,215,000,000, to remain available until September 30,
2009, unless otherwise specified: Provided, That of the amount
provided, $3,877,000,000 is for carrying out the community development
block grant program under title I of the Housing and Community
Development Act of 1974, as amended (the ``Act'' herein) (42 U.S.C.
5301 et seq.): Provided further, That unless explicitly provided for
under this heading (except for planning grants provided in the second
paragraph and amounts made available under the third paragraph), not to
exceed 20 percent of any grant made with funds appropriated under this
heading shall be expended for planning and management development and
administration: Provided further, That $58,000,000 shall be for grants
to Indian tribes notwithstanding section 106(a)(1) of such Act, of
which, notwithstanding any other provision of law (including section
305 of this Act), up to $3,960,000 may be used for emergencies that
constitute imminent threats to health and safety.
Of the amount made available under this heading, $250,000,000 shall
be available for grants for the Economic Development Initiative (EDI)
to finance a variety of targeted economic investments in accordance
with the terms and conditions specified in the report accompanying this
Act: Provided, That none of the funds provided under this paragraph may
be used for program operations: Provided further, That, for fiscal
years 2004, 2005, 2006, and 2007, no unobligated funds for EDI grants
may be used for any purpose except acquisition, planning, design,
purchase of equipment, revitalization, redevelopment or construction.
Of the amount made available under this heading, $30,000,000 shall
be available for neighborhood initiatives that are utilized to improve
the conditions of distressed and blighted areas and neighborhoods, to
stimulate investment, economic diversification, and community
revitalization in areas with population outmigration or a stagnating or
declining economic base, or to determine whether housing benefits can
be integrated more effectively with welfare reform initiatives:
Provided, That amounts made available under this paragraph shall be
provided in accordance with the terms and conditions specified in the
report accompanying this Act.
community development loan guarantees program account
(including transfer of funds)
For the cost of guaranteed loans, $3,000,000, to remain available
until September 30, 2008, as authorized by section 108 of the Housing
and Community Development Act of 1974, as amended: Provided, That such
costs, including the cost of modifying such loans, shall be as defined
in section 502 of the Congressional Budget Act of 1974, as amended:
Provided further, That these funds are available to subsidize total
loan principal, any part of which is to be guaranteed, not to exceed
$137,500,000, notwithstanding any aggregate limitation on outstanding
obligations guaranteed in section 108(k) of the Housing and Community
Development Act of 1974, as amended.
In addition, for administrative expenses to carry out the
guaranteed loan program, $750,000 shall be transferred to and merged
with the appropriation for ``Salaries and expenses''.
home investment partnerships program
(including transfer of funds)
For the HOME investment partnerships program, as authorized under
title II of the Cranston-Gonzalez National Affordable Housing Act, as
amended, $1,916,640,000, to remain available until September 30, 2009:
Provided, That of the total amount provided in this paragraph, up to
$42,000,000 shall be available for housing counseling under section 106
of the Housing and Urban Development Act of 1968, and $3,465,000 shall
be transferred to the Working Capital Fund: Provided further, That
$9,000,000 shall be for technical assistance for CHDOs.
In addition to amounts otherwise made available under this heading,
$25,000,000, to remain available until September 30, 2009, for
assistance to homebuyers as authorized under title I of the American
Dream Downpayment Act.
self-help and assisted homeownership opportunity program
For the Self-Help and Assisted Homeownership Opportunity Program,
$66,000,000, to remain available until September 30, 2009: Provided,
That of the total amount provided in this heading $23,000,000 shall be
made available to the Self Help Homeownership Opportunity Program as
authorized under section 11 of the Housing Opportunity Program
Extension Act of 1996, as amended: Provided further, That $35,000,000
shall be made available for capacity building, of which $31,000,000
shall be for capacity building for Community Development and affordable
Housing for LISC and the Enterprise Foundation for activities
authorized by section 4 of the HUD Demonstration Act of 1993 (42 U.S.C.
9816 note), as in effect immediately before June 12, 1997, and
$4,000,000 shall be made available for capacity building activities
administered by Habitat for Humanity International: Provided further,
That $3,500,000 shall be made available to the Housing Assistance
Council; $2,500,000 shall be made available to the National Council of
La Raza; $2,000,000 shall be made available to the National American
Indian Housing Council: Provided further, That, no funds under this
heading may be used for lobbying activities.
homeless assistance grants
(including transfer of funds)
For the emergency shelter grants program as authorized under
subtitle B of title IV of the McKinney-Vento Homeless Assistance Act,
as amended; the supportive housing program as authorized under subtitle
C of title IV of such Act; the section 8 moderate rehabilitation single
room occupancy program as authorized under the United States Housing
Act of 1937, as amended, to assist homeless individuals pursuant to
section 441 of the McKinney-Vento Homeless Assistance Act; and the
shelter plus care program as authorized under subtitle F of title IV of
such Act, $1,511,190,000, of which $1,491,190,000 shall remain
available until September 30, 2009, and of which $20,000,000 shall
remain available until expended: Provided, That not less than 30
percent of funds made available, excluding amounts provided for
renewals under the shelter plus care program, shall be used for
permanent housing: Provided further, That all funds awarded for
services shall be matched by 25 percent in funding by each grantee:
Provided further, That the Secretary shall renew on an annual basis
expiring contracts or amendments to contracts funded under the shelter
plus care program if the program is determined to be needed under the
applicable continuum of care and meets appropriate program requirements
and financial standards, as determined by the Secretary: Provided
further, That all awards of assistance under this heading shall be
required to coordinate and integrate homeless programs with other
mainstream health, social services, and employment programs for which
homeless populations may be eligible, including Medicaid, State
Children's Health Insurance Program, Temporary Assistance for Needy
Families, Food Stamps, and services funding through the Mental Health
and Substance Abuse Block Grant, Workforce Investment Act, and the
Welfare-to-Work grant program: Provided further, That up to $10,395,000
of the funds appropriated under this heading shall be available for the
national homeless data analysis project and technical assistance:
Provided further, That $2,475,000 of the funds appropriated under this
heading shall be transferred to the Working Capital Fund: Provided
further, That all balances for Shelter Plus Care renewals previously
funded from the Shelter Plus Care Renewal account and transferred to
this account shall be available, if recaptured, for Shelter Plus Care
renewals in fiscal year 2007.
Housing Programs
housing for the elderly
(including transfer of funds)
For capital advances, including amendments to capital advance
contracts, for housing for the elderly, as authorized by section 202 of
the Housing Act of 1959, as amended, and for project rental assistance
for the elderly under section 202(c)(2) of such Act, including
amendments to contracts for such assistance and renewal of expiring
contracts for such assistance for up to a 1-year term, and for
supportive services associated with the housing, $750,000,000, to
remain available until September 30, 2010, of which amount $59,400,000
shall be for service coordinators and the continuation of existing
congregate service grants for residents of assisted housing projects,
and of which amount up to $24,750,000 shall be for grants under section
202b of the Housing Act of 1959 (12 U.S.C. 1701q-2) for conversion of
eligible projects under such section to assisted living or related use
and for emergency capital repairs as determined by the Secretary:
Provided, That of the amount made available under this heading,
$20,000,000 shall be available to the Secretary of Housing and Urban
Development only for making competitive grants to private nonprofit
organizations and consumer cooperatives for covering costs of
architectural and engineering work, site control, and other planning
relating to the development of supportive housing for the elderly that
is eligible for assistance under section 202 of the Housing Act of 1959
(12 U.S.C. 1701q): Provided further, That amounts under this heading
shall be available for Real Estate Assessment Center inspections and
inspection-related activities associated with section 202 capital
advance projects: Provided further, That $1,980,000 of the total amount
made available under this heading shall be transferred to the Working
Capital Fund: Provided further, That the Secretary may waive the
provisions of section 202 governing the terms and conditions of project
rental assistance, except that the initial contract term for such
assistance shall not exceed 5 years in duration.
housing for persons with disabilities
(including transfer of funds)
For capital advance contracts, including amendments to capital
advance contracts, for supportive housing for persons with
disabilities, as authorized by section 811 of the Cranston-Gonzalez
National Affordable Housing Act, for project rental assistance for
supportive housing for persons with disabilities under section
811(d)(2) of such Act, including amendments to contracts for such
assistance and renewal of expiring contracts for such assistance for up
to a 1-year term, and for supportive services associated with the
housing for persons with disabilities as authorized by section
811(b)(1) of such Act, and for tenant-based rental assistance contracts
entered into pursuant to section 811 of such Act, $240,000,000, to
remain available until September 30, 2010: Provided, That $990,000
shall be transferred to the Working Capital Fund: Provided further,
That, tenant-based assistance contracts entered into prior to fiscal
year 2006 (only one amendment authorized for any such contract) shall
be renewed under the Tenant-based Rental Assistance account: Provided
further, That of the amount provided under this heading, the Secretary
may make available up to $5,000,000 for incremental tenant-based rental
assistance, as authorized by section 811 of such Act (which assistance
is 5 years in duration): Provided further, That all tenant-based
assistance made available under this heading shall continue to remain
available only to persons with disabilities: Provided further, That the
Secretary may waive the provisions of section 811 governing the terms
and conditions of project rental assistance and tenant-based
assistance, except that the initial contract term for such assistance
shall not exceed 5 years in duration: Provided further, That amounts
made available under this heading shall be available for Real Estate
Assessment Center Inspections and inspection-related activities
associated with section 811 Capital Advance Projects.
other assisted housing programs
rental housing assistance
For amendments to contracts under section 101 of the Housing and
Urban Development Act of 1965 (12 U.S.C. 1701s) and section 236(f)(2)
of the National Housing Act (12 U.S.C. 1715z-1) in State-aided, non-
insured rental housing projects, $24,750,000, to remain available until
expended: Provided, That amendments to such contracts hereafter may be
for a period less than the term of the respective contracts.
flexible subsidy fund
(transfer of funds)
From the Rental Housing Assistance Fund, all uncommitted balances
of excess rental charges as of September 30, 2006, and any collections
made during fiscal year 2007 and all subsequent fiscal years, shall be
transferred to the Flexible Subsidy Fund, as authorized by section
236(g) of the National Housing Act, as amended.
manufactured housing fees trust fund
For necessary expenses as authorized by the National Manufactured
Housing Construction and Safety Standards Act of 1974, as amended (42
U.S.C. 5401 et seq.), up to $16,000,000, to remain available until
expended, to be derived from the Manufactured Housing Fees Trust Fund:
Provided, That not to exceed the total amount appropriated under this
heading shall be available from the general fund of the Treasury to the
extent necessary to incur obligations and make expenditures pending the
receipt of collections to the Fund pursuant to section 620 of such Act:
Provided further, That the amount made available under this heading
from the general fund shall be reduced as such collections are received
during fiscal year 2007 so as to result in a final fiscal year 2007
appropriation from the general fund estimated at not more than $0 and
fees pursuant to such section 620 shall be modified as necessary to
ensure such a final fiscal year 2007 appropriation.
Federal Housing Administration
mutual mortgage insurance program account
(including transfers of funds)
During fiscal year 2007, commitments to guarantee loans to carry
out the purposes of section 203(b) of the National Housing Act, as
amended, shall not exceed a loan principal of $185,000,000,000.
During fiscal year 2007, obligations to make direct loans to carry
out the purposes of section 204(g) of the National Housing Act, as
amended, shall not exceed $50,000,000: Provided, That the foregoing
amount shall be for loans to nonprofit and governmental entities in
connection with sales of single family real properties owned by the
Secretary and formerly insured under the Mutual Mortgage Insurance
Fund.
For administrative expenses necessary to carry out the guaranteed
and direct loan program, $351,450,000, of which not to exceed
$347,490,000 shall be transferred to the appropriation for ``Salaries
and expenses''; and not to exceed $3,960,000 shall be transferred to
the appropriation for ``Office of Inspector General''. In addition, for
administrative contract expenses, $52,400,000, of which $23,562,000
shall be transferred to the Working Capital Fund: Provided, That to the
extent guaranteed loan commitments exceed $65,500,000,000 on or before
April 1, 2007, an additional $1,400 for administrative contract
expenses shall be available for each $1,000,000 in additional
guaranteed loan commitments (including a pro rata amount for any amount
below $1,000,000), but in no case shall funds made available by this
proviso exceed $30,000,000.
general and special risk program account
(including transfers of funds)
For the cost of guaranteed loans, as authorized by sections 238 and
519 of the National Housing Act (12 U.S.C. 1715z-3 and 1735c),
including the cost of loan guarantee modifications, as that term is
defined in section 502 of the Congressional Budget Act of 1974, as
amended, $8,600,000, to remain available until expended: Provided, That
commitments to guarantee loans shall not exceed $35,000,000,000 in
total loan principal, any part of which is to be guaranteed.
Gross obligations for the principal amount of direct loans, as
authorized by sections 204(g), 207(l), 238, and 519(a) of the National
Housing Act, shall not exceed $50,000,000, of which not to exceed
$30,000,000 shall be for bridge financing in connection with the sale
of multifamily real properties owned by the Secretary and formerly
insured under such Act; and of which not to exceed $20,000,000 shall be
for loans to nonprofit and governmental entities in connection with the
sale of single-family real properties owned by the Secretary and
formerly insured under such Act.
In addition, for administrative expenses necessary to carry out the
guaranteed and direct loan programs, $229,086,000, of which
$209,286,000 shall be transferred to the appropriation for ``Salaries
and Expenses''; and of which $19,800,000 shall be transferred to the
appropriation for ``Office of Inspector General''.
In addition, for administrative contract expenses necessary to
carry out the guaranteed and direct loan programs, $78,111,000, of
which $10,692,000 shall be transferred to the Working Capital Fund:
Provided, That to the extent guaranteed loan commitments exceed
$8,426,000,000 on or before April 1, 2007, an additional $1,980 for
administrative contract expenses shall be available for each $1,000,000
in additional guaranteed loan commitments over $8,426,000,000
(including a pro rata amount for any increment below $1,000,000), but
in no case shall funds made available by this proviso exceed
$14,400,000.
Government National Mortgage Association
guarantees of mortgage-backed securities loan guarantee program account
(including transfer of funds)
New commitments to issue guarantees to carry out the purposes of
section 306 of the National Housing Act, as amended (12 U.S.C.
1721(g)), shall not exceed $100,000,000,000, to remain available until
September 30, 2008.
For administrative expenses necessary to carry out the guaranteed
mortgage-backed securities program, $10,700,000, to be derived from the
GNMA guarantees of mortgage-backed securities guaranteed loan receipt
account, of which not to exceed $10,700,000, shall be transferred to
the appropriation for ``Salaries and Expenses''.
Policy Development and Research
research and technology
For contracts, grants, and necessary expenses of programs of
research and studies relating to housing and urban problems, not
otherwise provided for, as authorized by title V of the Housing and
Urban Development Act of 1970, as amended (12 U.S.C. 1701z-1 et seq.),
including carrying out the functions of the Secretary under section
1(a)(1)(i) of Reorganization Plan No. 2 of 1968, $60,000,000, to remain
available until September 30, 2008: Provided, That of the total amount
provided under this heading, $5,000,000 shall be for the Partnership
for Advancing Technology in Housing (PATH) Initiative: Provided
further, That of the amounts made available for PATH under this
heading, $2,500,000 shall not be subject to the requirements of section
305 of this title: Provided further, That the Office of Housing shall
administer PATH: Provided further, That of funds made available under
this heading, $20,394,000 is for grants pursuant to section 107 of the
Housing and Community Act of 1974, as amended: Provided further, That
of the funds made available under this heading, $20,600,000 is for
grants pursuant to section 107 of the Housing and Community Development
Act of 1974, as amended, as follows: $3,000,000 to support Alaska
Native serving institutions and Native Hawaiian serving institutions as
defined under the Higher Education Act, as amended; $2,600,000 for
tribal colleges and universities to build, expand, renovate, and equip
their facilities and to expand the role of the colleges into the
community through the provision of needed services such as health
programs, job training and economic development activities; $9,000,000
for Historically Black Colleges and Universities program, of which up
to $2,000,000 may be used for technical assistance; and $6,000,000 for
the Hispanic Serving Institutions Program.
Fair Housing and Equal Opportunity
fair housing activities
For contracts, grants, and other assistance, not otherwise provided
for, as authorized by title VIII of the Civil Rights Act of 1968, as
amended by the Fair Housing Amendments Act of 1988, and section 561 of
the Housing and Community Development Act of 1987, as amended,
$44,550,000, to remain available until September 30, 2008, of which
$19,800,000 shall be to carry out activities pursuant to such section
561: Provided, That no funds made available under this heading shall be
used to lobby the executive or legislative branches of the Federal
Government in connection with a specific contract, grant or loan.
Office of Lead Hazard Control
lead hazard reduction
For the Lead Hazard Reduction Program, as authorized by section
1011 of the Residential Lead-Based Paint Hazard Reduction Act of 1992,
$152,000,000, to remain available until September 30, 2008, of which
$9,000,000 shall be for the Healthy Homes Initiative, pursuant to
sections 501 and 502 of the Housing and Urban Development Act of 1970
that shall include research, studies, testing, and demonstration
efforts, including education and outreach concerning lead-based paint
poisoning and other housing-related diseases and hazards: Provided,
That for purposes of environmental review, pursuant to the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and other
provisions of law that further the purposes of such Act, a grant under
the Healthy Homes Initiative, Operation Lead Elimination Action Plan
(LEAP), or the Lead Technical Studies program under this heading or
under prior appropriations Acts for such purposes under this heading,
shall be considered to be funds for a special project for purposes of
section 305(c) of the Multifamily Housing Property Disposition Reform
Act of 1994: Provided further, That of the total amount made available
under this heading, $48,000,000 shall be made available on a
competitive basis for areas with the highest lead paint abatement
needs, as identified by the Secretary as having: (1) the highest number
of occupied pre-1940 units of rental housing; and (2) a
disproportionately high number of documented cases of lead-poisoned
children: Provided further, That each grantee receiving funds under the
previous proviso shall target those privately owned units and
multifamily buildings that are occupied by low-income families as
defined under section 3(b)(2) of the United States Housing Act of 1937:
Provided further, That not less than 90 percent of the funds made
available under this paragraph shall be used exclusively for abatement,
inspections, risk assessments, temporary relocations and interim
control of lead-based hazards as defined by 42 U.S.C. 4851: Provided
further, That each recipient of funds provided under the first proviso
shall make a matching contribution in an amount not less than 25
percent: Provided further, That each applicant shall submit a detailed
plan and strategy that demonstrates adequate capacity that is
acceptable to the Secretary to carry out the proposed use of funds
pursuant to a Notice of Funding Availability.
Management and Administration
salaries and expenses
(including transfer of funds)
For necessary administrative and non-administrative expenses of the
Department of Housing and Urban Development, not otherwise provided
for, including purchase of uniforms, or allowances therefore, as
authorized by 5 U.S.C. 5901-5902; hire of passenger motor vehicles;
services as authorized by 5 U.S.C. 3109; and not to exceed $25,000 for
official reception and representation expenses, $1,156,658,000, of
which $550,776,000 shall be provided from the various funds of the
Federal Housing Administration, $10,700,000 shall be provided from
funds of the Government National Mortgage Association, $750,000 shall
be from the Community Development Loan Guarantee program, $148,500
shall be provided by transfer from the ``Native American housing block
grants'' account, $247,500 shall be provided by transfer from the
``Indian housing loan guarantee fund program'' account and $35,000
shall be transferred from the ``Native Hawaiian housing loan guarantee
fund'' account: Provided, That funds made available under this heading
shall only be allocated in the manner specified in the statement of the
managers accompanying this Act unless the Committees on Appropriations
of both the House of Representatives and the Senate are notified of any
changes in an operating plan or reprogramming: Provided further, That
no official or employee of the Department shall be designated as an
allotment holder unless the Office of the Chief Financial Officer
(OCFO) has determined that such allotment holder has implemented an
adequate system of funds control and has received training in funds
control procedures and directives: Provided further, That the Chief
Financial Officer shall establish positive control of and maintain
adequate systems of accounting for appropriations and other available
funds as required by 31 U.S.C. 1514: Provided further, That for
purposes of funds control and determining whether a violation exists
under the Anti-Deficiency Act (31 U.S.C. 1341 et seq.), the point of
obligation shall be the executed agreement or contract, except with
respect to insurance and guarantee programs, certain types of salaries
and expenses funding, and incremental funding that is authorized under
an executed agreement or contract, and shall be designated in the
approved funds control plan: Provided further, That the Chief Financial
Officer shall: (1) appoint qualified personnel to conduct
investigations of potential or actual violations; (2) establish minimum
training requirements and other qualifications for personnel that may
be appointed to conduct investigations; (3) establish guidelines and
timeframes for the conduct and completion of investigations; (4)
prescribe the content, format and other requirements for the submission
of final reports on violations; and (5) prescribe such additional
policies and procedures as may be required for conducting
investigations of, and administering, processing, and reporting on,
potential and actual violations of the Anti-Deficiency Act and all
other statutes and regulations governing the obligation and expenditure
of funds made available in this or any other Act: Provided further,
That up to $15,000,000 may be transferred to the Working Capital Fund:
Provided further, That the Secretary shall fill 7 out of 10 vacancies
at the GS-14 and GS-15 levels until the total number of GS-14 and GS-15
positions in the Department has been reduced from the number of GS-14
and GS-15 positions on the date of enactment of Public Law 106-377 by
2\1/2\ percent.
working capital fund
For additional capital for the Working Capital Fund (42 U.S.C.
3535) for the development of, modifications to, and infrastructure for
Department-wide information technology systems, for the continuing
operation of both Department-wide and program-specific information
systems, and for program-related development activities, $219,780,000,
to remain available until September 30, 2008: Provided, That any
amounts transferred to this Fund under this Act shall remain available
until expended: Provided further, That any amounts transferred to this
Fund from amounts appropriated by previously enacted appropriations
Acts or from within this Act may be used only for the purposes
specified under this Fund, in addition to the purposes for which such
amounts were appropriated.
office of inspector general
(including transfers of funds)
For necessary expenses of the Office of Inspector General in
carrying out the Inspector General Act of 1978, as amended,
$115,000,000, of which $23,760,000 shall be provided from the various
funds of the Federal Housing Administration: Provided, That the
Inspector General shall have independent authority over all personnel
issues within this office.
Office of Federal Housing Enterprise Oversight
salaries and expenses
(including transfer of funds)
For carrying out the Federal Housing Enterprises Financial Safety
and Soundness Act of 1992, including not to exceed $500 for official
reception and representation expenses, $67,600,000, to remain available
until expended, to be derived from the Federal Housing Enterprises
Oversight Fund: Provided, That the Director shall submit a spending
plan for the amounts provided under this heading no later than January
15, 2007: Provided further, That not less than 80 percent of the total
amount made available under this heading shall be used only for
examination, supervision, and capital oversight of the enterprises (as
such term is defined in section 1303 of the Federal Housing Enterprises
Financial Safety and Soundness Act of 1992 (12 U.S.C. 4502)) to ensure
that the enterprises are operating in a financially safe and sound
manner and complying with the capital requirements under Subtitle B of
such Act: Provided further, That not to exceed the amount provided
herein shall be available from the general fund of the Treasury to the
extent necessary to incur obligations and make expenditures pending the
receipt of collections to the Fund: Provided further, That the general
fund amount shall be reduced as collections are received during the
fiscal year so as to result in a final appropriation from the general
fund estimated at not more than $0.
Administrative Provisions
Sec. 301. Fifty percent of the amounts of budget authority, or in
lieu thereof 50 percent of the cash amounts associated with such budget
authority, that are recaptured from projects described in section
1012(a) of the Stewart B. McKinney Homeless Assistance Amendments Act
of 1988 (42 U.S.C. 1437 note) shall be rescinded, or in the case of
cash, shall be remitted to the Treasury, and such amounts of budget
authority or cash recaptured and not rescinded or remitted to the
Treasury shall be used by State housing finance agencies or local
governments or local housing agencies with projects approved by the
Secretary of Housing and Urban Development for which settlement
occurred after January 1, 1992, in accordance with such section.
Notwithstanding the previous sentence, the Secretary may award up to 15
percent of the budget authority or cash recaptured and not rescinded or
remitted to the Treasury to provide project owners with incentives to
refinance their project at a lower interest rate.
Sec. 302. None of the amounts made available under this Act may be
used during fiscal year 2007 to investigate or prosecute under the Fair
Housing Act any otherwise lawful activity engaged in by one or more
persons, including the filing or maintaining of a non-frivolous legal
action, that is engaged in solely for the purpose of achieving or
preventing action by a Government official or entity, or a court of
competent jurisdiction.
Sec. 303. (a) Notwithstanding section 854(c)(1)(A) of the AIDS
Housing Opportunity Act (42 U.S.C. 12903(c)(1)(A)), from any amounts
made available under this title for fiscal year 2007 that are allocated
under such section, the Secretary of Housing and Urban Development
shall allocate and make a grant, in the amount determined under
subsection (b), for any State that--
(1) received an allocation in a prior fiscal year under
clause (ii) of such section; and
(2) is not otherwise eligible for an allocation for fiscal
year 2007 under such clause (ii) because the areas in the State
outside of the metropolitan statistical areas that qualify
under clause (i) in fiscal year 2007 do not have the number of
cases of acquired immunodeficiency syndrome (AIDS) required
under such clause.
(b) The amount of the allocation and grant for any State described
in subsection (a) shall be an amount based on the cumulative number of
AIDS cases in the areas of that State that are outside of metropolitan
statistical areas that qualify under clause (i) of such section
854(c)(1)(A) in fiscal year 2007, in proportion to AIDS cases among
cities and States that qualify under clauses (i) and (ii) of such
section and States deemed eligible under subsection (a).
(c) Notwithstanding any other provision of law, the amount
allocated for fiscal year 2007 under section 854(c) of the AIDS Housing
Opportunity Act (42 U.S.C. 12903(c)), to the City of New York, New
York, on behalf of the New York-Wayne-White Plains, New York-New Jersey
Metropolitan Division (hereafter ``metropolitan division'') of the New
York-Newark-Edison, NY-NJ-PA Metropolitan Statistical Area, shall be
adjusted by the Secretary of Housing and Urban Development by: (1)
allocating to the City of Jersey City, New Jersey, the proportion of
the metropolitan area's or division's amount that is based on the
number of cases of AIDS reported in the portion of the metropolitan
area or division that is located in Hudson County, New Jersey, and
adjusting for the proportion of the metropolitan division's high
incidence bonus if this area in New Jersey also has a higher than
average per capita incidence of AIDS; and (2) allocating to the City of
Paterson, New Jersey, the proportion of the metropolitan area's or
division's amount that is based on the number of cases of AIDS reported
in the portion of the metropolitan area or division that is located in
Bergen County and Passaic County, New Jersey, and adjusting for the
proportion of the metropolitan division's high incidence bonus if this
area in New Jersey also has a higher than average per capita incidence
of AIDS. The recipient cities shall use amounts allocated under this
subsection to carry out eligible activities under section 855 of the
AIDS Housing Opportunity Act (42 U.S.C. 12904) in their respective
portions of the metropolitan division that is located in New Jersey.
(d) Notwithstanding any other provision of law, the amount
allocated for fiscal year 2007 under section 854(c) of the AIDS Housing
Opportunity Act (42 U.S.C. 12903(c)) to areas with a higher than
average per capita incidence of AIDS, shall be adjusted by the
Secretary on the basis of area incidence reported over a three year
period.
Sec. 304. During fiscal year 2007, in the provision of rental
assistance under section 8(o) of the United States Housing Act of 1937
(42 U.S.C. 1437f(o)) in connection with a program to demonstrate the
economy and effectiveness of providing such assistance for use in
assisted living facilities that is carried out in the counties of the
State of Michigan notwithstanding paragraphs (3) and (18)(B)(iii) of
such section 8(o), a family residing in an assisted living facility in
any such county, on behalf of which a public housing agency provides
assistance pursuant to section 8(o)(18) of such Act, may be required,
at the time the family initially receives such assistance, to pay rent
in an amount exceeding 40 percent of the monthly adjusted income of the
family by such a percentage or amount as the Secretary of Housing and
Urban Development determines to be appropriate.
Sec. 305. Except as explicitly provided in law, any grant,
cooperative agreement or other assistance made pursuant to title III of
this Act shall be made on a competitive basis and in accordance with
section 102 of the Department of Housing and Urban Development Reform
Act of 1989.
Sec. 306. Funds of the Department of Housing and Urban Development
subject to the Government Corporation Control Act or section 402 of the
Housing Act of 1950 shall be available, without regard to the
limitations on administrative expenses, for legal services on a
contract or fee basis, and for utilizing and making payment for
services and facilities of the Federal National Mortgage Association,
Government National Mortgage Association, Federal Home Loan Mortgage
Corporation, Federal Financing Bank, Federal Reserve banks or any
member thereof, Federal Home Loan banks, and any insured bank within
the meaning of the Federal Deposit Insurance Corporation Act, as
amended (12 U.S.C. 1811-1831).
Sec. 307. Unless otherwise provided for in this Act or through a
reprogramming of funds, no part of any appropriation for the Department
of Housing and Urban Development shall be available for any program,
project or activity in excess of amounts set forth in the budget
estimates submitted to Congress.
Sec. 308. Corporations and agencies of the Department of Housing
and Urban Development which are subject to the Government Corporation
Control Act, as amended, are hereby authorized to make such
expenditures, within the limits of funds and borrowing authority
available to each such corporation or agency and in accordance with
law, and to make such contracts and commitments without regard to
fiscal year limitations as provided by section 104 of such Act as may
be necessary in carrying out the programs set forth in the budget for
2007 for such corporation or agency except as hereinafter provided:
Provided, That collections of these corporations and agencies may be
used for new loan or mortgage purchase commitments only to the extent
expressly provided for in this Act (unless such loans are in support of
other forms of assistance provided for in this or prior appropriations
Acts), except that this proviso shall not apply to the mortgage
insurance or guaranty operations of these corporations, or where loans
or mortgage purchases are necessary to protect the financial interest
of the United States Government.
Sec. 309. None of the funds provided in this title for technical
assistance, training, or management improvements may be obligated or
expended unless HUD provides to the Committees on Appropriations a
description of each proposed activity and a detailed budget estimate of
the costs associated with each program, project or activity as part of
the Budget Justifications. For fiscal year 2007, HUD shall transmit
this information to the Committees by March 15, 2007 for 30 days of
review.
Sec. 310. The Secretary of Housing and Urban Development shall
provide quarterly reports to the House and Senate Committees on
Appropriations regarding all uncommitted, unobligated, recaptured and
excess funds in each program and activity within the jurisdiction of
the Department and shall submit additional, updated budget information
to these Committees upon request.
Sec. 311. Notwithstanding any other provision of law, in fiscal
year 2007, in managing and disposing of any multifamily property that
is owned or held by the Secretary of Housing and Urban Development, the
Secretary shall maintain any rental assistance payments under section 8
of the United States Housing Act of 1937 and other programs that are
attached to any dwelling units in the property. To the extent the
Secretary determines that such a multifamily property owned or held by
the Secretary is not feasible for continued rental assistance payments
under such section 8, or other programs, based on consideration of (1)
the costs of rehabilitating and operating the property and all
available Federal, State and local resources including rent adjustments
under section 524 of MAHRAA and (2) environmental conditions that
cannot be remedied in a cost-effective manner, the Secretary may, in
consultation with the tenants of that property, contract for project-
based rental assistance payments with an owner or owners of other
existing housing properties, or provide other rental assistance. The
Secretary shall report to the Committees on Appropriations per quarter
on all units maintained under this authority as well as all units not
maintained as section 8 under this authority including reasons for such
decisions.
Sec. 312. (a) Notwithstanding any other provision of law, the
amount allocated for fiscal year 2007 under section 854(c) of the AIDS
Housing Opportunity Act (42 U.S.C. 12903(c)), to the City of
Wilmington, Delaware, on behalf of the Wilmington, Delaware-Maryland-
New Jersey Metropolitan Division (hereafter ``metropolitan division''),
shall be adjusted by the Secretary of Housing and Urban Development by
allocating to the State of New Jersey the proportion of the
metropolitan division's amount that is based on the number of cases of
AIDS reported in the portion of the metropolitan division that is
located in New Jersey, and adjusting for the proportion of the
metropolitan division's high incidence bonus if this area in New Jersey
also has a higher than average per capita incidence of AIDS. The State
of New Jersey shall use amounts allocated to the State under this
subsection to carry out eligible activities under section 855 of the
AIDS Housing Opportunity Act (42 U.S.C. 12904) in the portion of the
metropolitan division that is located in New Jersey.
(b) Notwithstanding any other provision of law, the Secretary of
Housing and Urban Development shall allocate to Wake County, North
Carolina, the amounts that otherwise would be allocated for fiscal year
2007 under section 854(c) of the AIDS Housing Opportunity Act (42
U.S.C. 12903(c)) to the City of Raleigh, North Carolina, on behalf of
the Raleigh-Cary, North Carolina Metropolitan Statistical Area. Any
amounts allocated to Wake County shall be used to carry out eligible
activities under section 855 of such Act (42 U.S.C. 12904) within such
metropolitan statistical area.
(c) Notwithstanding section 854(c) of the AIDS Housing Opportunity
Act (42 U.S.C. 12903(c)), the Secretary of Housing and Urban
Development may adjust the allocation of the amounts that otherwise
would be allocated for fiscal year 2007 under section 854(c) of such
Act, upon the written request of an applicant, in conjunction with the
State(s), for a formula allocation on behalf of a metropolitan
statistical area, to designate the State or States in which the
metropolitan statistical area is located as the eligible grantee(s) of
the allocation. In the case that a metropolitan statistical area
involves more than one State, such amounts allocated to each State
shall be in proportion to the number of cases of AIDS reported in the
portion of the metropolitan statistical area located in that State. Any
amounts allocated to a State under this section shall be used to carry
out eligible activities within the portion of the metropolitan
statistical area located in that State.
Sec. 313. The Secretary of Housing and Urban Development shall
submit an annual report no later than August 30, 2007 and annually
thereafter to the House and Senate Committees on Appropriations
regarding the number of Federally assisted units under lease and the
per unit cost of these units to the Department of Housing and Urban
Development.
Sec. 314. The Department of Housing and Urban Development shall
submit the Department's fiscal year 2008 congressional budget
justifications to the Committees on Appropriations of the House of
Representatives and the Senate using the identical structure provided
under this Act and only in accordance with the direction specified in
the report accompanying this Act.
Sec. 315. That incremental vouchers previously made available under
the heading ``Housing Certificate Fund'' or renewed under the heading,
``Tenant-Based Rental Assistance,'' for non-elderly disabled families
shall, to the extent practicable, continue to be provided to non-
elderly disabled families upon turnover.
Sec. 316. A public housing agency or such other entity that
administers Federal housing assistance in the county of Los Angeles,
California, and the States of Alaska, Iowa, and Mississippi shall not
be required to include a resident of public housing or a recipient of
assistance provided under section 8 of the United States Housing Act of
1937 on the board of directors or a similar governing board of such
agency or entity as required under section (2)(b) of such Act. Each
public housing agency or other entity that administers Federal housing
assistance under section 8 in the county of Los Angeles, California,
States of Alaska, Iowa and Mississippi shall establish an advisory
board of not less than 6 residents of public housing or recipients of
section 8 assistance to provide advice and comment to the public
housing agency or other administering entity on issues related to
public housing and section 8. Such advisory board shall meet not less
than quarterly.
Sec. 317. (a) Notwithstanding any other provision of law, subject
to the conditions listed in subsection (b), for fiscal years 2007 and
2008, the Secretary may authorize the transfer of project-based
assistance, debt and statutorily required low-income and very low-
income use restrictions, associated with one multifamily housing
project to another multifamily housing project.
(b) The transfer authorized in subsection (a) is subject to the
following conditions:
(1) the number of low-income and very low-income units and
the net dollar amount of Federal assistance provided by the
transferring project shall remain the same in the receiving
project;
(2) the transferring project shall, as determined by the
Secretary, be either physically obsolete or economically non-
viable;
(3) the receiving project shall meet or exceed applicable
physical standards established by the Secretary;
(4) the owner or mortgagor of the transferring project
shall notify and consult with the tenants residing in the
transferring project and provide a certification of approval by
all appropriate local governmental officials;
(5) the tenants of the transferring project who remain
eligible for assistance to be provided by the receiving project
shall not be required to vacate their units in the transferring
project until new units in the receiving project are available
for occupancy;
(6) the Secretary determines that this transfer is in the
best interest of the tenants;
(7) if either the transferring project or the receiving
project meets the condition specified in subsection (c)(2)(A),
any lien on the receiving project resulting from additional
financing obtained by the owner shall be subordinate to any
FHA-insured mortgage lien transferred to, or placed on, such
project by the Secretary;
(8) if the transferring project meets the requirements of
subsection (c)(2)(E), the owner or mortgagor of the receiving
project shall execute and record either a continuation of the
existing use agreement or a new use agreement for the project
where, in either case, any use restrictions in such agreement
are of no lesser duration than the existing use restrictions;
(9) any financial risk to the FHA General and Special Risk
Insurance Fund, as determined by the Secretary, would be
reduced as a result of a transfer completed under this section;
and
(10) the Secretary determines that Federal liability with
regard to this project will not be increased.
(c) For purposes of this section--
(1) the terms ``low-income'' and ``very low-income'' shall
have the meanings provided by the statute and/or regulations
governing the program under which the project is insured or
assisted;
(2) the term ``multifamily housing project'' means housing
that meets one of the following conditions--
(A) housing that is subject to a mortgage insured
under the National Housing Act;
(B) housing that has project-based assistance
attached to the structure;
(C) housing that is assisted under section 202 of
the Housing Act of 1959 as amended by section 801 of
the Cranston-Gonzales National Affordable Housing Act;
(D) housing that is assisted under section 202 of
the Housing Act of 1959, as such section existed before
the enactment of the Cranston-Gonzales National
Affordable Housing Act; or
(E) housing or vacant land that is subject to a use
agreement;
(3) the term ``project-based assistance'' means--
(A) assistance provided under section 8(b) of the
United States Housing Act of 1937;
(B) assistance for housing constructed or
substantially rehabilitated pursuant to assistance
provided under section 8(b)(2) of such Act (as such
section existed immediately before October 1, 1983);
(C) rent supplement payments under section 101 of
the Housing and Urban Development Act of 1965;
(D) additional assistance payments under section
236(f)(2) of the National Housing Act; and,
(E) assistance payments made under section
202(c)(2) of the Housing Act of 1959;
(4) the term ``receiving project'' means the multifamily
housing project to which the project-based assistance, debt,
and statutorily required use low-income and very low-income
restrictions are to be transferred;
(5) the term ``transferring project'' means the multifamily
housing project which is transferring the project-based
assistance, debt and the statutorily required low-income and
very low-income use restrictions to the receiving project; and,
(6) the term ``Secretary'' means the Secretary of Housing
and Urban Development.
Sec. 318. The funds made available for Native Alaskans under the
heading ``Native American Housing Block Grants'' in title III of this
Act shall be allocated to the same Native Alaskan housing block grant
recipients that received funds in fiscal year 2005.
Sec. 319. Incremental vouchers previously made available under the
heading, ``Housing Certificate Fund'' or renewed under the heading,
``Tenant-Based Rental Assistance'', for family unification shall, to
the extent practicable, continue to be provided for family unification.
Sec. 320. (a) No assistance shall be provided under section 8 of
the United States Housing Act of 1937 (42 U.S.C. 1437f) to any
individual who--
(1) is enrolled as a student at an institution of higher
education (as defined under section 102 of the Higher Education
Act of 1965 (20 U.S.C. 1002));
(2) is under 24 years of age;
(3) is not a veteran;
(4) is unmarried;
(5) does not have a dependent child; and
(6) is not otherwise individually eligible, or has parents
who, individually or jointly, are not eligible, to receive
assistance under section 8 of the United States Housing Act of
1937 (42 U.S.C. 1437f).
(b) For purposes of determining the eligibility of a person to
receive assistance under section 8 of the United States Housing Act of
1937 (42 U.S.C. 1437f), any financial assistance (in excess of amounts
received for tuition) that an individual receives under the Higher
Education Act of 1965 (20 U.S.C. 1001 et seq.), from private sources,
or an institution of higher education (as defined under the Higher
Education Act of 1965 (20 U.S.C. 1002)), shall be considered income to
that individual, except for a person over the age of 23 with dependent
children.
Sec. 321. Section 255(g) of the National Housing Act is amended
by--
(1) by striking the first sentence; and
(2) by adding the following sentence to the end: ``To
minimize the risk to the General Insurance Fund, prior to
insuring a mortgage under this section, the Secretary shall
consider the number of mortgages already insured under this
section in that geographic region.''.
Sec. 322. Section 579 of the Multifamily Assisted Housing Reform
and Affordability Act of 1997 is amended--
(1) in subsection (a)(1), by striking ``October 1, 2006''
and inserting ``October 1, 2011'', and
(2) in subsection (b), by striking ``October 1, 2006'' and
inserting ``October 1, 2011''.
Sec. 323. The Federal Housing Administration is prohibited from
insuring any mortgage under the National Housing Act in which the
mortgagor receives downpayment assistance from an organization that
solicits, collects, or receives funds from the seller of the property
subject to the mortgage except that this prohibition would not apply to
downpayment assistance programs qualified under section 501(c)(3) of
the Internal Revenue Code of 1986. The Federal Housing Administration
may insure a mortgage when downpayment assistance is provided by an
organization described in section 501(c) of the Internal Revenue Code
of 1986 that is exempt from taxation under subtitle A of such Code and
that is operated in a manner consistent with Internal Revenue Service
regulations.
Sec. 324. With respect to the use of amounts provided in this Act
and in future Acts for the operation, capital improvement and
management of public housing as authorized by sections 9(d) and 9(e) of
the United States Housing Act of 1937 (42 U.S.C. 1437g(d) and (e)), the
Secretary shall not impose any requirement or guideline relating to
asset management that restricts or limits in any way the use of capital
funds for central office costs pursuant to section 9(g)(1) or 9(g)(2)
of the United States Housing Act of 1937 (42 U.S.C. 1437g(g)(1),(2)).
Sec. 325. The dates for subsidy reductions and demonstrations for
discontinuance of reductions under the new operating fund formula,
pursuant to HUD regulations at 24 CFR 990.230, shall be moved forward
one year, but implementation of the operating fund formula shall
otherwise begin as scheduled on January 1, 2007: Provided, That all
public housing agencies determined to be subject to a subsidy reduction
under the operating fund formula shall be reduced by the 5 percent
amount referred to in such regulations during calendar year 2007.
Sec. 326. Section 8(o)(13) of the United States Housing Act of 1937
(42 U.S.C. 1437f(o)(13)) is amended--
(1) in subparagraph (H), by inserting before the period at
the end of the first sentence the following: ``, except that in
the case of a contract unit that has been allocated low-income
housing tax credits and for which the rent limitation pursuant
to such section 42 is less than the amount that would otherwise
be permitted under this subparagraph, the rent for such unit
may, in the sole discretion of a public housing agency, be
established at the higher section 8 rent, subject only to
paragraph (10)(A)''; and
(2) in subparagraph (I)(i), by inserting before the
semicolon the following: ``, except that the contract may
provide that the maximum rent permitted for a dwelling unit
shall not be less than the initial rent for the dwelling unit
under the initial housing assistance payments contract covering
the unit''.
Sec. 327. (a) Paragraph (1) of section 24(m) of the United States
Housing Act of 1937 (42 U.S.C. 1437v(m)(1)) is amended by striking
``2006'' and inserting ``2007''.
(b) Section 24(n) of the United States Housing Act of 1937 (42
U.S.C. 1437v(n)) is amended by striking ``September 30, 2006'' and
inserting ``September 30, 2007''.
This title may be cited as the ``Department of Housing and Urban
Development Appropriations Act, 2007''.
TITLE IV
THE JUDICIARY
Supreme Court of the United States
salaries and expenses
For expenses necessary for the operation of the Supreme Court, as
required by law, excluding care of the building and grounds, including
purchase or hire, driving, maintenance, and operation of an automobile
for the Chief Justice, not to exceed $10,000 for the purpose of
transporting Associate Justices, and hire of passenger motor vehicles
as authorized by 31 U.S.C. 1343 and 1344; not to exceed $10,000 for
official reception and representation expenses; and for miscellaneous
expenses, to be expended as the Chief Justice may approve, $63,405,000,
of which $2,000,000 shall remain available until expended.
care of the building and grounds
For such expenditures as may be necessary to enable the Architect
of the Capitol to carry out the duties imposed upon the Architect by
the Act approved May 7, 1934 (40 U.S.C. 13a-13b), $12,959,000, which
shall remain available until expended.
United States Court of Appeals for the Federal Circuit
salaries and expenses
For salaries of the chief judge, judges, and other officers and
employees, and for necessary expenses of the court, as authorized by
law, $25,273,000.
United States Court of International Trade
salaries and expenses
For salaries of the chief judge and eight judges, salaries of the
officers and employees of the court, services, and necessary expenses
of the court, as authorized by law, $16,182,000.
Courts of Appeals, District Courts, and Other Judicial Services
salaries and expenses
For the salaries of circuit and district judges (including judges
of the territorial courts of the United States), justices and judges
retired from office or from regular active service, judges of the
United States Court of Federal Claims, bankruptcy judges, magistrate
judges, and all other officers and employees of the Federal Judiciary
not otherwise specifically provided for, and necessary expenses of the
courts, as authorized by law, $4,583,360,000 (including the purchase of
firearms and ammunition); of which not to exceed $27,817,000 shall
remain available until expended for space alteration projects and for
furniture and furnishings related to new space alteration and
construction projects.
In addition, for expenses of the United States Court of Federal
Claims associated with processing cases under the National Childhood
Vaccine Injury Act of 1986 (Public Law 99-660), not to exceed
$3,952,000, to be appropriated from the Vaccine Injury Compensation
Trust Fund.
defender services
For the operation of Federal Defender organizations; the
compensation and reimbursement of expenses of attorneys appointed to
represent persons under the Criminal Justice Act of 1964, as amended
(18 U.S.C. 3006A); the compensation and reimbursement of expenses of
persons furnishing investigative, expert and other services under the
Criminal Justice Act of 1964 (18 U.S.C. 3006A(e)); the compensation (in
accordance with Criminal Justice Act maximums) and reimbursement of
expenses of attorneys appointed to assist the court in criminal cases
where the defendant has waived representation by counsel; the
compensation and reimbursement of travel expenses of guardians ad litem
acting on behalf of financially eligible minor or incompetent offenders
in connection with transfers from the United States to foreign
countries with which the United States has a treaty for the execution
of penal sentences; the compensation of attorneys appointed to
represent jurors in civil actions for the protection of their
employment, as authorized by 28 U.S.C. 1875(d); and for necessary
training and general administrative expenses, $761,051,000, to remain
available until expended.
fees of jurors and commissioners
For fees and expenses of jurors as authorized by 28 U.S.C. 1871 and
1876; compensation of jury commissioners as authorized by 28 U.S.C.
1863; and compensation of commissioners appointed in condemnation cases
pursuant to rule 71A(h) of the Federal Rules of Civil Procedure (28
U.S.C. Appendix Rule 71A(h)), $63,079,000, to remain available until
expended: Provided, That the compensation of land commissioners shall
not exceed the daily equivalent of the highest rate payable under
section 5332 of title 5, United States Code.
court security
(including transfers of funds)
For necessary expenses, not otherwise provided for, incident to the
provision of protective guard services for United States courthouses
and other facilities housing Federal court operations, and the
procurement, installation, and maintenance of security systems and
equipment for United States courthouses and other facilities housing
Federal court operations, including building ingress-egress control,
inspection of mail and packages, directed security patrols, perimeter
security, basic security services provided by the Federal Protective
Service, and other similar activities as authorized by section 1010 of
the Judicial Improvement and Access to Justice Act (Public Law 100-
702), $397,737,000, of which not to exceed $15,000,000 shall remain
available until expended, to be expended directly or transferred to the
United States Marshals Service, which shall be responsible for
administering the Judicial Facility Security Program consistent with
standards or guidelines agreed to by the Director of the Administrative
Office of the United States Courts and the Attorney General, and of
which not to exceed $66,900,000 shall remain available until expended,
to be expended directly or transferred to the United States Federal
Protective Service for costs associated with building security.
Administrative Office of the United States Courts
salaries and expenses
For necessary expenses of the Administrative Office of the United
States Courts as authorized by law, including travel as authorized by
31 U.S.C. 1345, hire of a passenger motor vehicle as authorized by 31
U.S.C. 1343(b), advertising and rent in the District of Columbia and
elsewhere, $74,333,000, of which not to exceed $8,500 is authorized for
official reception and representation expenses: Provided, That for
fiscal year 2008 and thereafter, the Judicial Branch's annual budget
submission shall include a detailed five year plan for courthouse
construction projects with a yearly update of total projected future
funding needs for rent payments and construction costs.
Federal Judicial Center
salaries and expenses
For necessary expenses of the Federal Judicial Center, as
authorized by Public Law 90-219, $23,390,000; of which $1,800,000 shall
remain available through September 30, 2008, to provide education and
training to Federal court personnel; and of which not to exceed $1,500
is authorized for official reception and representation expenses.
Judicial Retirement Funds
payment to judiciary trust funds
For payment to the Judicial Officers' Retirement Fund, as
authorized by 28 U.S.C. 377(o), $54,000,000; to the Judicial Survivors'
Annuities Fund, as authorized by 28 U.S.C. 376(c), $800,000; and to the
United States Court of Federal Claims Judges' Retirement Fund, as
authorized by 28 U.S.C. 178(l), $3,500,000.
United States Sentencing Commission
salaries and expenses
For the salaries and expenses necessary to carry out the provisions
of chapter 58 of title 28, United States Code, $15,340,000, of which
not to exceed $1,000 is authorized for official reception and
representation expenses.
Administrative Provisions--The Judiciary
Sec. 401. Appropriations and authorizations made in this title
which are available for salaries and expenses shall be available for
services as authorized by 5 U.S.C. 3109.
Sec. 402. Not to exceed 5 percent of any appropriation made
available for the current fiscal year for the Judiciary in this Act may
be transferred between such appropriations, but no such appropriation,
except ``Courts of Appeals, District Courts, and Other Judicial
Services, Defender Services'' and ``Courts of Appeals, District Courts,
and Other Judicial Services, Fees of Jurors and Commissioners'', shall
be increased by more than 10 percent by any such transfers: Provided,
That any transfer pursuant to this section shall be treated as a
reprogramming of funds under sections 705 and 710 of this Act and shall
not be available for obligation or expenditure except in compliance
with the procedures set forth in that section.
Sec. 403. Notwithstanding any other provision of law, the salaries
and expenses appropriation for ``Courts of Appeals, District Courts,
and Other Judicial Services'' shall be available for official reception
and representation expenses of the Judicial Conference of the United
States: Provided, That such available funds shall not exceed $11,000
and shall be administered by the Director of the Administrative Office
of the United States Courts in the capacity as Secretary of the
Judicial Conference.
Sec. 404. Within 90 days of enactment of this Act, the
Administrative Office of the U.S. Courts shall submit to the Committees
on Appropriations a comprehensive financial plan for the Judiciary
allocating all sources of available funds including appropriations, fee
collections, and carryover balances, to include a separate and detailed
plan for the Judiciary Information Technology fund.
Sec. 405. Pursuant to section 140 of Public Law 97-92, and from
funds appropriated in this Act, Justices and judges of the United
States are authorized during fiscal year 2007, to receive a salary
adjustment in accordance with 28 U.S.C. 461.
Sec. 406. Section 3313(a)(1) and section 3313(a)(2) of title 40,
United States Code, are amended by striking the word ``executive'' and
inserting in lieu thereof the word ``federal''.
Sec. 407. Notwithstanding any other provision of law, with the
exception of the needs of any Member of the United States Supreme
Court, no judge shall be entitled to the use of a courtroom under his
or her sole responsibility and control. Courtrooms shall be scheduled
for use based solely on the scheduling needs of the circuit and
district courts in which the court is located. The AOC shall schedule
the use of courtrooms to maximize their use to meet the exigencies of
justice.
This title may be cited as the ``Judiciary Appropriations Act,
2007''.
TITLE V
EXECUTIVE OFFICE OF THE PRESIDENT AND FUNDS APPROPRIATED TO THE
PRESIDENT
Compensation of the President
For compensation of the President, including an expense allowance
at the rate of $50,000 per annum as authorized by 3 U.S.C. 102,
$450,000: Provided, That none of the funds made available for official
expenses shall be expended for any other purpose and any unused amount
shall revert to the Treasury pursuant to section 1552 of title 31,
United States Code.
White House Office
salaries and expenses
For necessary expenses for the White House as authorized by law,
including not to exceed $3,850,000 for services as authorized by 5
U.S.C. 3109 and 3 U.S.C. 105; subsistence expenses as authorized by 3
U.S.C. 105, which shall be expended and accounted for as provided in
that section; hire of passenger motor vehicles, newspapers,
periodicals, teletype news service, and travel (not to exceed $100,000
to be expended and accounted for as provided by 3 U.S.C. 103); and not
to exceed $19,000 for official entertainment expenses, to be available
for allocation within the Executive Office of the President,
$51,952,000.
Executive Residence at the White House
operating expenses
For the care, maintenance, repair and alteration, refurnishing,
improvement, heating, and lighting, including electric power and
fixtures, of the Executive Residence at the White House and official
entertainment expenses of the President, $12,041,000, to be expended
and accounted for as provided by 3 U.S.C. 105, 109, 110, and 112-114.
reimbursable expenses
For the reimbursable expenses of the Executive Residence at the
White House, such sums as may be necessary: Provided, That all
reimbursable operating expenses of the Executive Residence shall be
made in accordance with the provisions of this paragraph: Provided
further, That, notwithstanding any other provision of law, such amount
for reimbursable operating expenses shall be the exclusive authority of
the Executive Residence to incur obligations and to receive offsetting
collections, for such expenses: Provided further, That the Executive
Residence shall require each person sponsoring a reimbursable political
event to pay in advance an amount equal to the estimated cost of the
event, and all such advance payments shall be credited to this account
and remain available until expended: Provided further, That the
Executive Residence shall require the national committee of the
political party of the President to maintain on deposit $25,000, to be
separately accounted for and available for expenses relating to
reimbursable political events sponsored by such committee during such
fiscal year: Provided further, That the Executive Residence shall
ensure that a written notice of any amount owed for a reimbursable
operating expense under this paragraph is submitted to the person owing
such amount within 60 days after such expense is incurred, and that
such amount is collected within 30 days after the submission of such
notice: Provided further, That the Executive Residence shall charge
interest and assess penalties and other charges on any such amount that
is not reimbursed within such 30 days, in accordance with the interest
and penalty provisions applicable to an outstanding debt on a United
States Government claim under section 3717 of title 31, United States
Code: Provided further, That each such amount that is reimbursed, and
any accompanying interest and charges, shall be deposited in the
Treasury as miscellaneous receipts: Provided further, That the
Executive Residence shall prepare and submit to the Committees on
Appropriations, by not later than 90 days after the end of the fiscal
year covered by this Act, a report setting forth the reimbursable
operating expenses of the Executive Residence during the preceding
fiscal year, including the total amount of such expenses, the amount of
such total that consists of reimbursable official and ceremonial
events, the amount of such total that consists of reimbursable
political events, and the portion of each such amount that has been
reimbursed as of the date of the report: Provided further, That the
Executive Residence shall maintain a system for the tracking of
expenses related to reimbursable events within the Executive Residence
that includes a standard for the classification of any such expense as
political or nonpolitical: Provided further, That no provision of this
paragraph may be construed to exempt the Executive Residence from any
other applicable requirement of subchapter I or II of chapter 37 of
title 31, United States Code.
White House Repair and Restoration
For the repair, alteration, and improvement of the Executive
Residence at the White House, $1,600,000, to remain available until
expended, for required maintenance, safety and health issues, and
continued preventative maintenance.
Council of Economic Advisers
salaries and expenses
For necessary expenses of the Council of Economic Advisers in
carrying out its functions under the Employment Act of 1946 (15 U.S.C.
1021), $4,002,000.
Office of Policy Development
salaries and expenses
For necessary expenses of the Office of Policy Development,
including services as authorized by 5 U.S.C. 3109 and 3 U.S.C. 107,
$3,385,000.
National Security Council
salaries and expenses
For necessary expenses of the National Security Council, including
services as authorized by 5 U.S.C. 3109, $8,405,000.
Privacy and Civil Liberties Oversight Board
salaries and expenses
For necessary expenses of the Privacy and Civil Liberties Oversight
Board, as authorized by section 1061 of Public Law 108-458, $1,500,000.
Office of Administration
salaries and expenses
For necessary expenses of the Office of Administration, including
services as authorized by 5 U.S.C. 3109 and 3 U.S.C. 107, and hire of
passenger motor vehicles, $91,393,000, of which $11,397,000 shall
remain available until expended for the Capital Investment Plan for
continued modernization of the information technology infrastructure
within the Executive Office of the President.
Office of Management and Budget
salaries and expenses
For necessary expenses of the Office of Management and Budget,
including hire of passenger motor vehicles and services as authorized
by 5 U.S.C. 3109 and to carry out the provisions of chapter 35 of title
44, United States Code, $76,185,000, of which not to exceed $3,000
shall be available for official representation expenses: Provided,
That, as provided in 31 U.S.C. 1301(a), appropriations shall be applied
only to the objects for which appropriations were made and shall be
allocated in accordance with the terms and conditions set forth in the
accompanying statement of the managers except as otherwise provided by
law: Provided further, That none of the funds appropriated in this Act
for the Office of Management and Budget may be used for the purpose of
reviewing any agricultural marketing orders or any activities or
regulations under the provisions of the Agricultural Marketing
Agreement Act of 1937 (7 U.S.C. 601 et seq.): Provided further, That
none of the funds made available for the Office of Management and
Budget by this Act may be expended for the altering of the transcript
of actual testimony of witnesses, except for testimony of officials of
the Office of Management and Budget, before the Committees on
Appropriations or their subcommittees: Provided further, That the
preceding shall not apply to printed hearings released by the
Committees on Appropriations: Provided further, That none of the funds
provided in this or prior Acts shall be used, directly or indirectly,
by the Office of Management and Budget, for evaluating or determining
if water resource project or study reports submitted by the Chief of
Engineers acting through the Secretary of the Army are in compliance
with all applicable laws, regulations, and requirements relevant to the
Civil Works water resource planning process: Provided further, That the
Office of Management and Budget shall have not more than 60 days in
which to perform budgetary policy reviews of water resource matters on
which the Chief of Engineers has reported: Provided further, That the
Director of the Office of Management and Budget shall notify the
appropriate authorizing and Appropriations Committees when the 60-day
review is initiated: Provided further, That if water resource reports
have not been transmitted to the appropriate authorizing and
appropriating committees within 15 days of the end of the OMB review
period based on the notification from the Director, Congress shall
assume OMB concurrence with the report and act accordingly.
Office of National Drug Control Policy
salaries and expenses
For necessary expenses of the Office of National Drug Control
Policy; for research activities pursuant to the Office of National Drug
Control Policy Reauthorization Act of 1998 (21 U.S.C. 1701 et seq.);
not to exceed $10,000 for official reception and representation
expenses; and for participation in joint projects or in the provision
of services on matters of mutual interest with nonprofit, research, or
public organizations or agencies, with or without reimbursement,
$11,500,000; of which $1,300,000 shall remain available until expended
for policy research and evaluation: Provided, That of the funds
provided under this heading, $1,500,000 shall be allocated for the
National Academy of Public Administration to conduct an independent
study and analysis of ONDCP's organization and management: Provided
further, That within two months after the date of enactment of this
Act, the Office of National Drug Control Policy shall contract with the
National Academy of Public Administration for purposes as described in
the previous proviso: Provided further, That the Office is authorized
to accept, hold, administer, and utilize gifts, both real and personal,
public and private, without fiscal year limitation, for the purpose of
aiding or facilitating the work of the Office.
counterdrug technology assessment center
(including transfer of funds)
For necessary expenses for the Counterdrug Technology Assessment
Center for research activities pursuant to the Office of National Drug
Control Policy Reauthorization Act of 1998 (21 U.S.C. 1701 et seq.),
$20,000,000, which shall be obligated and expended during this fiscal
year, consisting of $10,000,000 for counternarcotics research and
development projects, of which up to $1,000,000 is to be directed to
supply reduction activities, and $10,000,000 for the continued
operation of the technology transfer program: Provided, That the
$10,000,000 for counternarcotics research and development projects
shall be available for transfer to other Federal departments or
agencies within 45 days of enactment of this Act: Provided further,
That any unexpended funds from previous fiscal years shall be expended
this year to reinstate the demand instrumentation program as instructed
in the fiscal year 2006 Senate report: Provided further, That the
Director shall submit an accounting of fiscal year 2006 funds and a
spending plan for fiscal year 2007 both to be in conformity with the
accompanying report.
federal drug control programs
high intensity drug trafficking areas program
(including transfer of funds)
For necessary expenses of the Office of National Drug Control
Policy's High Intensity Drug Trafficking Areas Program, $227,000,000,
to remain available until September 30, 2008, for drug control
activities consistent with the approved strategy for each of the
designated High Intensity Drug Trafficking Areas, of which no less than
51 percent shall be transferred to State and local entities for drug
control activities, which shall be obligated within 120 days of the
date of enactment of this Act: Provided, That up to 49 percent may be
transferred to Federal agencies and departments at a rate to be
determined by the Director, of which not less than $2,000,000 shall be
used for auditing services and associated activities, and at least
$500,000 of the $2,000,000 shall be used to develop and implement a
data collection system to measure the performance of the High Intensity
Drug Trafficking Areas Program: Provided further, That High Intensity
Drug Trafficking Areas Programs designated as of September 30, 2006,
shall be funded at no less than the fiscal year 2006 initial allocation
levels unless the Director submits to the Committees on Appropriations,
and the Committees approve, justification for changes in those levels
based on clearly articulated priorities for the High Intensity Drug
Trafficking Areas Programs, as well as published Office of National
Drug Control Policy performance measures of effectiveness: Provided
further, That a request shall be submitted in compliance with the
reprogramming guidelines to the Committees on Appropriations for
approval prior to the obligation of funds of an amount in excess of the
fiscal year 2006 budget request: Provided further, That ONDCP shall
submit recommendations for approval to the Committee for both the
initial HIDTA allocation funding within 90 days after the enactment of
this Act and the discretionary HIDTA funding within 150 days after the
enactment of this Act: Provided further, That within the discretionary
funding amount, $2,000,000 shall be available for new counties, not
including previously funded counties, with priority given to
meritorious applicants who have submitted previously and have not been
funded.
other federal drug control programs
(including transfer of funds)
For activities to support a national anti-drug campaign for youth,
and for other purposes, authorized by the Office of National Drug
Control Policy Reauthorization Act of 1998 (21 U.S.C. 1701 et seq.),
$214,500,000, to remain available until expended, of which the amounts
are available as follows: $120,000,000 to support a national media
campaign, as authorized by the Drug-Free Media Campaign Act of 1998, of
which $15,000,000 shall be designated for methamphetamine prevention
messages: Provided, That $20,000,000 of the $120,000,000 shall not be
made available for the media campaign until the Government
Accountability Office certifies that the media campaign is meeting the
benchmarks of the program as established by the Office of Management
and Budget: Provided further, That the Office of National Drug Control
Policy shall maintain funding for non-advertising services for the
media campaign at no less than the fiscal year 2003 ratio of service
funding to total funds and shall continue the corporate outreach
program as it operated prior to its cancellation; $80,000,000 to
continue a program of matching grants to drug-free communities, of
which $2,000,000 shall be a directed grant to the Community Anti-Drug
Coalitions of America for the National Community Anti-Drug Coalition
Institute, as authorized in chapter 2 of the National Narcotics
Leadership Act of 1988, as amended: Provided further, That the Office
of National Drug Control Policy shall delegate all authority for grant
eligibility determinations, peer review, funding decisions, grant
management and appeals to another qualified national drug control
agency: Provided further, That the Director shall not impose any
eligibility criteria on new applicants or renewal grantees not provided
for in law: Provided further, That no grantee shall be suspended or
terminated under this program unless such grantee is afforded a fair,
timely and independent appeal prior to such suspension or termination;
$1,000,000 for the National Drug Court Institute; $1,000,000 for the
National Alliance for Model State Drug Laws; $9,000,000 for the United
States Anti-Doping Agency for anti-doping activities; $1,500,000 for
the United States membership dues to the World Anti-Doping Agency; and
$2,000,000 for evaluations and research related to National Drug
Control Program performance measures: Provided further, That such funds
may be transferred to other Federal departments and agencies to carry
out such activities: Provided further, That of the amounts appropriated
for a national media campaign, not to exceed 10 percent shall be for
administration, advertising production, research and testing, labor and
related costs of the national media campaign.
Unanticipated Needs
For expenses necessary to enable the President to meet
unanticipated needs, in furtherance of the national interest, security,
or defense which may arise at home or abroad during the current fiscal
year, as authorized by 3 U.S.C. 108, $1,000,000.
Special Assistance to the President
salaries and expenses
For necessary expenses to enable the Vice President to provide
assistance to the President in connection with specially assigned
functions; services as authorized by 5 U.S.C. 3109 and 3 U.S.C. 106,
including subsistence expenses as authorized by 3 U.S.C. 106, which
shall be expended and accounted for as provided in that section; and
hire of passenger motor vehicles, $4,352,000.
Official Residence of the Vice President
operating expenses
(including transfer of funds)
For the care, operation, refurnishing, improvement, and to the
extent not otherwise provided for, heating and lighting, including
electric power and fixtures, of the official residence of the Vice
President; the hire of passenger motor vehicles; and not to exceed
$90,000 for official entertainment expenses of the Vice President, to
be accounted for solely on his certificate, $317,000: Provided, That
advances or repayments or transfers from this appropriation may be made
to any department or agency for expenses of carrying out such
activities.
Administrative Provisions--Executive Office of the President and Funds
Appropriated to the President
(including transfer of funds)
Sec. 501. From funds made available in this Act under the headings
``White House Office'', ``Executive Residence at the White House,''
``White House Repair and Restoration'', ``Council of Economic
Advisors'', ``National Security Council'', ``Office of
Administration'', ``Office of Policy Development'', ``Special
Assistance to the President'', and ``Official Residence of the Vice
President'', the Director of the Office of Management and Budget (or
such other officer as the President may designate in writing), may, 15
days after giving notice to the House and Senate Committees on
Appropriations, transfer not to exceed 10 percent of any such
appropriation to any other such appropriation, to be merged with and
available for the same time and for the same purposes as the
appropriation to which transferred: Provided, That the amount of an
appropriation shall not be increased by more than 50 percent by such
transfers: Provided further, That no amount shall be transferred from
``Special Assistance to the President'' or ``Official Residence of the
Vice President'' without the approval of the Vice President.
Sec. 502. The President shall submit to the Committees on
Appropriations not later than 30 days after enactment, and prior to the
initial obligation of funds appropriated under the heading ``Office of
National Drug Control Policy'', a financial plan on the proposed uses
of all funds under the heading, for which the obligation of funds is
anticipated: Provided, That up to 20 percent of funds appropriated
under this heading may be obligated before the submission of the report
subject to prior approval of the Committees on Appropriations: Provided
further, That the report shall be updated and submitted to the
Committees on Appropriations every six months and shall include
information detailing how the estimates and assumptions contained in
previous reports have changed: Provided further, That any new projects
and changes in funding of ongoing projects shall be subject to the
prior approval of the Committees on Appropriations.
Sec. 503. Not to exceed 3 percent of any appropriations in this Act
made available to the Office of National Drug Control Policy may be
transferred between appropriated programs upon the advance approval of
the Committees on Appropriations: Provided, That no transfer may
increase or decrease any such appropriation by more than 3 percent.
Sec. 504. Not to exceed $1,000,000 of any appropriations in this
Act made available to the Office of National Drug Control Policy may be
reprogrammed within a program, project or activity upon the advance
approval of the Committees on Appropriations.
Sec. 505. Unless otherwise provided for in this Act or through a
reprogramming of funds, no part of any appropriation for the Office of
National Drug Control Policy shall be available for any program,
project or activity in excess of amounts set forth in the budget
estimates submitted to Congress, without the prior approval of the
Committees on Appropriations.
This title may be cited as the ``Executive Office of the President
Appropriations Act, 2007''.
TITLE VI
INDEPENDENT AGENCIES
Architectural and Transportation Barriers Compliance Board
salaries and expenses
For expenses necessary for the Architectural and Transportation
Barriers Compliance Board, as authorized by section 502 of the
Rehabilitation Act of 1973, as amended, $5,956,590: Provided, That,
notwithstanding any other provision of law, there may be credited to
this appropriation funds received for publications and training
expenses.
Consumer Product Safety Commission
salaries and expenses
For necessary expenses of the Consumer Product Safety Commission
(CPSC), including hire of passenger motor vehicles, services as
authorized by 5 U.S.C. 3109, but at rates for individuals not to exceed
the per diem rate equivalent to the maximum rate payable under 5 U.S.C.
5376, purchase of nominal awards to recognize non-Federal officials'
contributions to Commission activities, and not to exceed $500 for
official reception and representation expenses, $62,370,000.
Election Assistance Commission
salaries and expenses
(including transfer of funds)
For necessary expenses to carry out the Help America Vote Act of
2002, $17,000,000, of which $4,950,000 shall be transferred to the
National Institute of Standards and Technology for election reform
activities authorized under the Help America Vote Act of 2002.
Federal Deposit Insurance Corporation
office of inspector general
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978, as
amended, $26,256,000, to be derived from the Deposit Insurance Fund and
the FSLIC Resolution Fund.
Federal Election Commission
salaries and expenses
For necessary expenses to carry out the provisions of the Federal
Election Campaign Act of 1971, as amended, $57,138,000, of which no
less than $6,500,000 shall be available for internal automated data
processing systems, and of which not to exceed $5,000 shall be
available for reception and representation expenses: Provided, That the
FEC is authorized to establish, modify, charge and collect registration
fees for FEC hosted conferences: Provided further, That notwithstanding
31 U.S.C. 3302, funds received from fees charged to attend the campaign
finance conferences shall be credited to and merged with this account,
to be available without further appropriation for the sole purpose of
covering the costs associated with carrying out these conferences.
Federal Labor Relations Authority
salaries and expenses
For necessary expenses to carry out functions of the Federal Labor
Relations Authority, pursuant to Reorganization Plan Numbered 2 of
1978, and the Civil Service Reform Act of 1978, including services
authorized by 5 U.S.C. 3109, and including hire of experts and
consultants, hire of passenger motor vehicles, and rental of conference
rooms in the District of Columbia and elsewhere, $25,218,000: Provided,
That public members of the Federal Service Impasses Panel may be paid
travel expenses and per diem in lieu of subsistence as authorized by
law (5 U.S.C. 5703) for persons employed intermittently in the
Government service, and compensation as authorized by 5 U.S.C. 3109:
Provided further, That notwithstanding 31 U.S.C. 3302, funds received
from fees charged to non-Federal participants at labor-management
relations conferences shall be credited to and merged with this
account, to be available without further appropriation for the costs of
carrying out these conferences.
Federal Maritime Commission
salaries and expenses
For necessary expenses of the Federal Maritime Commission as
authorized by section 201(d) of the Merchant Marine Act, 1936, as
amended (46 U.S.C. App. 1111), including services as authorized by 5
U.S.C. 3109; hire of passenger motor vehicles as authorized by 31
U.S.C. 1343(b); and uniforms or allowances therefor, as authorized by 5
U.S.C. 5901-5902, $21,474,000: Provided, That not to exceed $2,000
shall be available for official reception and representation expenses.
General Services Administration
real property activities
federal buildings fund
limitations on availability of revenue
(including transfer of funds)
To carry out the purposes of the Fund established pursuant to
section 210(f) of the Federal Property and Administrative Services Act
of 1949, as amended (40 U.S.C. 592), the revenues and collections
deposited into the Fund shall be available for necessary expenses of
real property management and related activities not otherwise provided
for, including operation, maintenance, and protection of federally
owned and leased buildings; rental of buildings in the District of
Columbia; restoration of leased premises; moving governmental agencies
(including space adjustments and telecommunications relocation
expenses) in connection with the assignment, allocation and transfer of
space; contractual services incident to cleaning or servicing
buildings, and moving; repair and alteration of federally owned
buildings including grounds, approaches and appurtenances; care and
safeguarding of sites; maintenance, preservation, demolition, and
equipment; acquisition of buildings and sites by purchase,
condemnation, or as otherwise authorized by law; acquisition of options
to purchase buildings and sites; conversion and extension of federally
owned buildings; preliminary planning and design of projects by
contract or otherwise; construction of new buildings (including
equipment for such buildings); and payment of principal, interest, and
any other obligations for public buildings acquired by installment
purchase and purchase contract; in the aggregate amount of
$8,064,737,000, of which: (1) $708,166,000 shall remain available until
expended for construction (including funds for sites and expenses and
associated design and construction services) of additional projects at
the following locations:
New Construction:
Alabama:
Tuscaloosa, Federal Building, $6,000,000.
Arizona:
Nogales, Nogales West Border Station,
$9,836,000.
San Luis, Border Station II, $42,029,000.
California:
Calexico, Calexico West Border Station,
$14,350,000.
District of Columbia:
For transfer to the Navy for certain
permanent relocation expenses pursuant to
section 1(e) of Public Law 108-268,
$52,835,000.
Remote Delivery Facility II, $39,612,000.
St. Elizabeths West Campus Infrastructure,
$6,444,000.
Illinois:
Rockford, United States Courthouse,
$46,227,000.
Maryland:
Montgomery County, Food and Drug
Administration Consolidation, $178,526,000.
Mississippi:
Jackson, United States Courthouse,
$127,526,000.
Missouri:
Jefferson City, United States Courthouse,
$61,000,000.
New Mexico:
Columbus, Border Station, $2,629,000.
New York:
Buffalo, United States Courthouse,
$83,457,000.
Texas:
El Paso, Ysleta Border Station,
$20,217,000.
McAllen, Anzalduas Border Station,
$7,478,000.
Nonprospectus Construction, $10,000,000:
Provided, That, notwithstanding any other provision of law, the
Administrator of General Services is authorized to proceed with
necessary site acquisition, design, and construction for the new
courthouse project in Buffalo, New York, for which funds have been
appropriated under this or any other Acts, with the understanding that
the total estimated cost of the project, exclusive of any permitted
escalations, shall be $137,281,000: Provided further, That,
notwithstanding any other provision of law, the Administrator of
General Services is authorized to proceed with necessary site
acquisition, design, and construction for the new courthouse project in
Rockford, Illinois, listed in Public Law 109-115 and for which funds
have been appropriated under this or any other Acts, with the
understanding that the total estimated cost of the project, exclusive
of any permitted escalations, shall be $87,660,000: Provided further,
That, notwithstanding any other provision of law, the Administrator of
General Services is authorized to proceed with necessary site
acquisition, design, and construction for the new courthouse project in
Jackson, Mississippi, listed in Public Law 109-115 and for which funds
have been appropriated under this or any other Acts, with the
understanding that the total estimated cost of the project, exclusive
of any permitted escalations, shall be $149,981,000: Provided further,
That, notwithstanding any other provision of law, the Administrator of
General Services is authorized to proceed with necessary site
acquisition, design, and construction for the new courthouse project in
Jefferson City, Missouri, initially authorized in Public Law 109-115,
for which funds have been appropriated under this or any other Acts,
with the understanding that the total estimated cost of the project,
exclusive of any permitted escalations, shall be $61,000,000: Provided
further, That each of the foregoing limits of costs on new construction
projects may be exceeded to the extent that savings are effected in
other such projects, but not to exceed 10 percent of the amounts
included in an approved prospectus, if required, unless advance
approval is obtained from the Committees on Appropriations of a greater
amount: Provided further, That all funds for direct construction
projects shall expire on September 30, 2007 and remain in the Federal
Buildings Fund except for funds for projects as to which funds for
design or other funds have been obligated in whole or in part prior to
such date; (2) $866,194,000 shall remain available until expended for
repairs and alterations, which includes associated design and
construction services:
Repairs and Alterations:
District of Columbia:
Eisenhower Executive Office Building, Phase
II, $56,000,000.
Harry S. Truman Building, $4,629,000.
Main Interior Federal Building,
$47,179,000.
Mary E. Switzer Federal Building,
$50,881,000.
Illinois:
Chicago, Dirksen United States Courthouse,
$96,571,000.
Maryland:
Laurel, Center for Veterinary Medicine,
Food and Drug Administration, $6,028,000.
Silver Spring, Building 130 Center for
Radiological Devices and Health, $5,793,000.
Missouri:
Kansas City, Richard Bolling Federal
Building, $96,608,000.
New Mexico:
Albuquerque, Federal Building, $5,783,000.
New York:
New York, Thurgood Marshall Courthouse,
$46,385,000.
Wisconsin:
Milwaukee, United States Federal Building
Courthouse, $5,599,000.
Special Emphasis Programs:
Chlorofluorocarbons Program, $10,000,000.
Energy Program, $15,000,000.
Fire and Life Safety Program, $10,000,000.
Glass Fragment Retention Program,
$10,000,000.
Design Program, $24,825,000.
Basic Repairs and Alterations, $374,913,000:
Provided further, That funds made available in this or any previous Act
in the Federal Buildings Fund for Repairs and Alterations shall, for
prospectus projects, be limited to the amount identified for each
project, except each project in this or any previous Act may be
increased by an amount not to exceed 10 percent unless advance approval
is obtained from the Committees on Appropriations of a greater amount:
Provided further, That additional projects for which prospectuses have
been fully approved may be funded under this category only if advance
approval is obtained from the Committees on Appropriations: Provided
further, That the amounts provided in this or any prior Act for
``Repairs and Alterations'' may be used to fund costs associated with
implementing security improvements to buildings necessary to meet the
minimum standards for security in accordance with current law and in
compliance with the reprogramming guidelines of the appropriate
Committees of the House and Senate: Provided further, That the
difference between the funds appropriated and expended on any projects
in this or any prior Act, under the heading ``Repairs and
Alterations'', may be transferred to Basic Repairs and Alterations or
used to fund authorized increases in prospectus projects: Provided
further, That all funds for repairs and alterations prospectus projects
shall expire on September 30, 2008 and remain in the Federal Buildings
Fund except funds for projects as to which funds for design or other
funds have been obligated in whole or in part prior to such date:
Provided further, That the amount provided in this or any prior Act for
Basic Repairs and Alterations may be used to pay claims against the
Government arising from any projects under the heading ``Repairs and
Alterations'' or used to fund authorized increases in prospectus
projects; (3) $163,999,000 for installment acquisition payments
including payments on purchase contracts which shall remain available
until expended; (4) $4,322,548,000 for rental of space which shall
remain available until expended; and (5) $2,003,830,000 for building
operations which shall remain available until expended: Provided
further, That funds available to the General Services Administration
shall not be available for expenses of any construction, repair,
alteration and acquisition project for which a prospectus, if required
by the Public Buildings Act of 1959, as amended, has not been approved,
except that necessary funds may be expended for each project for
required expenses for the development of a proposed prospectus:
Provided further, That funds available in the Federal Buildings Fund
may be expended for emergency repairs when advance approval is obtained
from the Committees on Appropriations: Provided further, That amounts
necessary to provide reimbursable special services to other agencies
under section 210(f)(6) of the Federal Property and Administrative
Services Act of 1949, as amended (40 U.S.C. 592(b)(2)) and amounts to
provide such reimbursable fencing, lighting, guard booths, and other
facilities on private or other property not in Government ownership or
control as may be appropriate to enable the United States Secret
Service to perform its protective functions pursuant to 18 U.S.C. 3056,
shall be available from such revenues and collections: Provided
further, That revenues and collections and any other sums accruing to
this Fund during fiscal year 2007, excluding reimbursements under
section 210(f)(6) of the Federal Property and Administrative Services
Act of 1949 (40 U.S.C. 592(b)(2)) in excess of the aggregate new
obligational authority authorized for Real Property Activities of the
Federal Buildings Fund in this Act shall remain in the Fund and shall
not be available for expenditure except as authorized in appropriations
Acts.
general activities
government-wide policy
For expenses authorized by law, not otherwise provided for, for
Government-wide policy and evaluation activities associated with the
management of real and personal property assets and certain
administrative services; Government-wide policy support
responsibilities relating to acquisition, telecommunications,
information technology management, and related technology activities;
and services as authorized by 5 U.S.C. 3109, $52,550,000.
operating expenses
For expenses authorized by law, not otherwise provided for, for
Government-wide activities associated with utilization and donation of
surplus personal property; disposal of real property; providing
Internet access to Federal information and services; agency-wide policy
direction and management, and Board of Contract Appeals; accounting,
records management, and other support services incident to adjudication
of Indian Tribal Claims by the United States Court of Federal Claims;
services as authorized by 5 U.S.C. 3109; and not to exceed $7,500 for
official reception and representation expenses, $83,032,000.
office of inspector general
For necessary expenses of the Office of Inspector General and
service authorized by 5 U.S.C. 3109, $44,312,000: Provided, That not to
exceed $15,000 shall be available for payment for information and
detection of fraud against the Government, including payment for
recovery of stolen Government property: Provided further, That not to
exceed $2,500 shall be available for awards to employees of other
Federal agencies and private citizens in recognition of efforts and
initiatives resulting in enhanced Office of Inspector General
effectiveness.
electronic government fund
(including transfer of funds)
For necessary expenses in support of interagency projects that
enable the Federal Government to expand its ability to conduct
activities electronically, through the development and implementation
of innovative uses of the Internet and other electronic methods,
$5,000,000, to remain available until expended: Provided, That these
funds may be transferred to Federal agencies to carry out the purposes
of the Fund: Provided further, That this transfer authority shall be in
addition to any other transfer authority provided in this Act: Provided
further, That such transfers may not be made until 10 days after a
proposed spending plan and explanation for each project to be
undertaken has been submitted to the Committees on Appropriations.
allowances and office staff for former presidents
(including transfer of funds)
For carrying out the provisions of the Act of August 25, 1958, as
amended (3 U.S.C. 102 note), and Public Law 95-138, $3,030,000:
Provided, That the Administrator of General Services shall transfer to
the Secretary of the Treasury such sums as may be necessary to carry
out the provisions of such Acts.
federal citizen information center fund
For necessary expenses of the Federal Citizen Information Center,
including services authorized by 5 U.S.C. 3109, $16,866,000, to be
deposited into the Federal Citizen Information Center Fund: Provided,
That the appropriations, revenues, and collections deposited into the
Fund shall be available for necessary expenses of Federal Citizen
Information Center activities in the aggregate amount not to exceed
$35,000,000. Appropriations, revenues, and collections accruing to this
Fund during fiscal year 2007 in excess of such amount shall remain in
the Fund and shall not be available for expenditure except as
authorized in appropriations Acts.
administrative provisions--general services administration
(including transfers of funds)
Sec. 601. The appropriate appropriation or fund available to the
General Services Administration shall be credited with the cost of
operation, protection, maintenance, upkeep, repair, and improvement,
included as part of rentals received from Government corporations
pursuant to law (40 U.S.C. 129).
Sec. 602. Funds available to the General Services Administration
shall be available for the hire of passenger motor vehicles.
Sec. 603. Funds in the Federal Buildings Fund made available for
fiscal year 2007 for Federal Buildings Fund activities may be
transferred between such activities only to the extent necessary to
meet program requirements: Provided, That any proposed transfers shall
be approved in advance by the Committees on Appropriations.
Sec. 604. Except as otherwise provided in this title, no funds made
available by this Act shall be used to transmit a fiscal year 2008
request for United States Courthouse construction that: (1) does not
meet the design guide standards for construction as established and
approved by the General Services Administration, the Judicial
Conference of the United States, and the Office of Management and
Budget; and (2) does not reflect the priorities of the Judicial
Conference of the United States as set out in its approved 5-year
construction plan: Provided, That the fiscal year 2008 request must be
accompanied by a standardized courtroom utilization study of each
facility to be constructed, replaced, or expanded.
Sec. 605. None of the funds provided in this Act may be used to
increase the amount of occupiable square feet, provide cleaning
services, security enhancements, or any other service usually provided
through the Federal Buildings Fund, to any agency that does not pay the
rate per square foot assessment for space and services as determined by
the General Services Administration in compliance with the Public
Buildings Amendments Act of 1972 (Public Law 92-313).
Sec. 606. From funds made available under the heading ``Federal
Buildings Fund, Limitations on Availability of Revenue'', claims
against the Government of less than $250,000 arising from direct
construction projects and acquisition of buildings may be liquidated
from savings effected in other construction projects with prior
notification to the Committees on Appropriations.
Sec. 607. No funds shall be used by the General Services
Administration to reorganize its organizational structure without
approval by the House and Senate Committees on Appropriations through
an operating plan change.
Sec. 608. H.R. 2066, as reported by the 109th Congress on May 25,
2006, by the Committee on Homeland Security and Governmental Affairs,
is incorporated herein by reference.
Sec. 609. The future United States Federal Courthouse in Nashville,
Tennessee which will be located in an area bound by 8th Avenue to the
West, 7th Avenue to the East, Church Street to the North and Commerce
Street to the South shall be designated as the ``William H. Frist, M.D.
Federal Courthouse''.
Merit Systems Protection Board
salaries and expenses
(including transfer of funds)
For necessary expenses to carry out functions of the Merit Systems
Protection Board pursuant to Reorganization Plan Numbered 2 of 1978,
the Civil Service Reform Act of 1978, and the Whistleblower Protection
Act of 1989 (5 U.S.C. 5509 note), as amended, including services as
authorized by 5 U.S.C. 3109, rental of conference rooms in the District
of Columbia and elsewhere, hire of passenger motor vehicles, direct
procurement of survey printing, and not to exceed $2,000 for official
reception and representation expenses, $36,550,000 together with not to
exceed $2,600,000 for administrative expenses to adjudicate retirement
appeals to be transferred from the Civil Service Retirement and
Disability Fund in amounts determined by the Merit Systems Protection
Board.
Morris K. Udall Scholarship and Excellence in National Environmental
Policy Foundation
morris k. udall scholarship and excellence in national environmental
policy trust fund
(including transfer of funds)
For payment to the Morris K. Udall Scholarship and Excellence in
National Environmental Policy Trust Fund, pursuant to the Morris K.
Udall Scholarship and Excellence in National Environmental and Native
American Public Policy Act of 1992 (20 U.S.C. 5601 et seq.),
$2,000,000, to remain available until expended, of which up to $50,000
shall be used to conduct financial audits pursuant to the
Accountability of Tax Dollars Act of 2002 (Public Law 107-289)
notwithstanding sections 8 and 9 of Public Law 102-259: Provided, That
up to 60 percent of such funds may be transferred by the Morris K.
Udall Scholarship and Excellence in National Environmental Policy
Foundation for the necessary expenses of the Native Nations Institute.
environmental dispute resolution fund
For payment to the Environmental Dispute Resolution Fund to carry
out activities authorized in the Environmental Policy and Conflict
Resolution Act of 1998, $2,000,000, to remain available until expended.
National Archives and Records Administration
operating expenses
For necessary expenses in connection with the administration of the
National Archives and Records Administration (including the Information
Security Oversight Office) and archived Federal records and related
activities, as provided by law, and for expenses necessary for the
review and declassification of documents and the activities of the
Public Interest Declassification Board, and for the hire of passenger
motor vehicles, $285,915,000.
electronic records archives
For necessary expenses in connection with the development of the
electronic records archives, to include all direct project costs
associated with research, analysis, design, development, and program
management, $48,810,000 of which $35,035,000 shall remain available
until September 30, 2008: Provided, That none of the multi-year funds
may be obligated until the National Archives and Records Administration
submits to the Committees on Appropriations, and such Committees
approve, a plan for expenditure that: (1) meets the capital planning
and investment control review requirements established by the Office of
Management and Budget, including Circular A-11; (2) complies with the
National Archives and Records Administration's enterprise architecture;
(3) conforms with the National Archives and Records Administration's
enterprise life cycle methodology; (4) is approved by the National
Archives and Records Administration and the Office of Management and
Budget; (5) has been reviewed by the Government Accountability Office;
and (6) complies with the acquisition rules, requirements, guidelines,
and systems acquisition management practices of the Federal Government.
repairs and restoration
For the repair, alteration, and improvement of archives facilities,
and to provide adequate storage for holdings, $18,790,000, to remain
available until expended: Provided, That of the funds provided under
this heading, $2,500,000 is to construct a new regional archives and
records facility in Anchorage, Alaska, $6,410,000 is for property
acquisition and construction to expand and renovate the John F. Kennedy
Presidential Library archival facilities, and $3,760,000 is for the
repair and restoration of the plaza that surrounds the Lyndon Baines
Johnson Presidential Library that is under the joint control and
custody of the University of Texas: Provided further, That such funds
may be transferred directly to the University and used, together with
University funds, for repair and restoration of the plaza and remain
available until expended for this purpose: Provided further, That such
funds shall be spent in accordance with the construction plan submitted
to the Committees on Appropriations on March 14, 2005: Provided
further, That the Archivist shall be prohibited from entering into any
agreement with the University or any other party that requires
additional funding commitments on behalf of the Federal Government.
national historical publications and records commission
grants program
For necessary expenses for allocations and grants for historical
publications and records as authorized by 44 U.S.C. 2504, as amended,
$5,000,000, to remain available until expended.
administrative provision
The National Archives and Records Administration shall include in
its fiscal year 2008 budget justifications a comprehensive capital
needs assessment for funding provided under the ``Repairs and
Restoration'' appropriations account: Provided, That funds proposed
under the ``Repairs and Restoration'' appropriations account for fiscal
year 2008 shall be allocated to projects on a priority basis
established under a comprehensive capital needs assessment: Provided
further, That the National Archives and Records Administration shall
prioritize funding under the comprehensive capital needs assessment to
projects that have received prior funding for construction.
National Credit Union Administration
central liquidity facility
During fiscal year 2007, gross obligations of the Central Liquidity
Facility for the principal amount of new direct loans to member credit
unions, as authorized by 12 U.S.C. 1795 et seq., shall not exceed
$1,500,000,000: Provided, That administrative expenses of the Central
Liquidity Facility in fiscal year 2007 shall not exceed $331,000.
community development revolving loan fund
For the Community Development Revolving Loan Fund program as
authorized by 42 U.S.C. 9812, 9822 and 9910, $941,000 shall be
available until September 30, 2008 for technical assistance to low-
income designated credit unions, and amounts of principal and interest
on loans repaid shall be available until expended for low-income
designated credit unions.
National Transportation Safety Board
salaries and expenses
(including rescission)
For necessary expenses of the National Transportation Safety Board,
including hire of passenger motor vehicles and aircraft; services as
authorized by 5 U.S.C. 3109, but at rates for individuals not to exceed
the per diem rate equivalent to the rate for a GS-15; uniforms, or
allowances therefor as authorized by law (5 U.S.C. 5901-5902)
$79,594,000, of which not to exceed $2,000 may be used for official
reception and representation expenses.
Of the available unobligated balances made available under Public
Law 106-246, $1,664,000 are rescinded.
Neighborhood Reinvestment Corporation
payment to the neighborhood reinvestment corporation
For payment to the Neighborhood Reinvestment Corporation for use in
neighborhood reinvestment activities, as authorized by the Neighborhood
Reinvestment Corporation Act (42 U.S.C. 8101-8107), $119,790,000, of
which $5,000,000 shall be for a multi-family rental housing program.
Office of Government Ethics
salaries and expenses
For necessary expenses to carry out functions of the Office of
Government Ethics pursuant to the Ethics in Government Act of 1978, as
amended, and the Ethics Reform Act of 1989, including services as
authorized by 5 U.S.C. 3109, rental of conference rooms in the District
of Columbia and elsewhere, hire of passenger motor vehicles, and not to
exceed $1,500 for official reception and representation expenses,
$11,489,000.
Office of Personnel Management
salaries and expenses
(including transfer of trust funds)
For necessary expenses to carry out functions of the Office of
Personnel Management pursuant to Reorganization Plan Numbered 2 of 1978
and the Civil Service Reform Act of 1978, including services as
authorized by 5 U.S.C. 3109; medical examinations performed for
veterans by private physicians on a fee basis; rental of conference
rooms in the District of Columbia and elsewhere; hire of passenger
motor vehicles; not to exceed $2,500 for official reception and
representation expenses; advances for reimbursements to applicable
funds of the Office of Personnel Management and the Federal Bureau of
Investigation for expenses incurred under Executive Order No. 10422 of
January 9, 1953, as amended; and payment of per diem and/or subsistence
allowances to employees where Voting Rights Act activities require an
employee to remain overnight at his or her post of duty, $111,095,000,
of which $6,913,170 shall remain available until expended for the
Enterprise Human Resources Integration project; $1,435,000 shall remain
available until expended for the Human Resources Line of Business
project; and in addition $126,908,000 for administrative expenses, to
be transferred from the appropriate trust funds of the Office of
Personnel Management without regard to other statutes, including direct
procurement of printed materials, for the retirement and insurance
programs, of which $26,730,000 shall remain available until expended
for the cost of automating the retirement recordkeeping systems:
Provided, That the provisions of this appropriation shall not affect
the authority to use applicable trust funds as provided by sections
8348(a)(1)(B), and 9004(f)(2)(A) of title 5, United States Code:
Provided further, That no part of this appropriation shall be available
for salaries and expenses of the Legal Examining Unit of the Office of
Personnel Management established pursuant to Executive Order No. 9358
of July 1, 1943, or any successor unit of like purpose: Provided
further, That the President's Commission on White House Fellows,
established by Executive Order No. 11183 of October 3, 1964, may,
during fiscal year 2007, accept donations of money, property, and
personal services: Provided further, That such donations, including
those from prior years, may be used for the development of publicity
materials to provide information about the White House Fellows, except
that no such donations shall be accepted for travel or reimbursement of
travel expenses, or for the salaries of employees of such Commission.
office of inspector general
salaries and expenses
(including transfer of trust funds)
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act, as amended,
including services as authorized by 5 U.S.C. 3109, hire of passenger
motor vehicles, $1,597,860, and in addition, not to exceed $16,165,710
for administrative expenses to audit, investigate, and provide other
oversight of the Office of Personnel Management's retirement and
insurance programs, to be transferred from the appropriate trust funds
of the Office of Personnel Management, as determined by the Inspector
General: Provided, That the Inspector General is authorized to rent
conference rooms in the District of Columbia and elsewhere.
government payment for annuitants, employees health benefits
For payment of Government contributions with respect to retired
employees, as authorized by chapter 89 of title 5, United States Code,
and the Retired Federal Employees Health Benefits Act (74 Stat. 849),
as amended, such sums as may be necessary.
government payment for annuitants, employee life insurance
For payment of Government contributions with respect to employees
retiring after December 31, 1989, as required by chapter 87 of title 5,
United States Code, such sums as may be necessary.
payment to civil service retirement and disability fund
For financing the unfunded liability of new and increased annuity
benefits becoming effective on or after October 20, 1969, as authorized
by 5 U.S.C. 8348, and annuities under special Acts to be credited to
the Civil Service Retirement and Disability Fund, such sums as may be
necessary: Provided, That annuities authorized by the Act of May 29,
1944, as amended, and the Act of August 19, 1950, as amended (33 U.S.C.
771-775), may hereafter be paid out of the Civil Service Retirement and
Disability Fund.
Office of Special Counsel
salaries and expenses
For necessary expenses to carry out functions of the Office of
Special Counsel pursuant to Reorganization Plan Numbered 2 of 1978, the
Civil Service Reform Act of 1978 (Public Law 95-454), as amended, the
Whistleblower Protection Act of 1989 (Public Law 101-12), as amended,
Public Law 107-304, and the Uniformed Services Employment and
Reemployment Act of 1994 (Public Law 103-353), including services as
authorized by 5 U.S.C. 3109, payment of fees and expenses for
witnesses, rental of conference rooms in the District of Columbia and
elsewhere, and hire of passenger motor vehicles; $16,000,000.
Selective Service System
salaries and expenses
For necessary expenses of the Selective Service System, including
expenses of attendance at meetings and of training for uniformed
personnel assigned to the Selective Service System, as authorized by 5
U.S.C. 4101-4118 for civilian employees; purchase of uniforms, or
allowances therefor, as authorized by 5 U.S.C. 5901-5902; hire of
passenger motor vehicles; services as authorized by 5 U.S.C. 3109; and
not to exceed $750 for official reception and representation expenses;
$24,255,000: Provided, That during the current fiscal year, the
President may exempt this appropriation from the provisions of 31
U.S.C. 1341, whenever the President deems such action to be necessary
in the interest of national defense: Provided further, That none of the
funds appropriated by this Act may be expended for or in connection
with the induction of any person into the Armed Forces of the United
States.
United States Interagency Council on Homelessness
operating expenses
For necessary expenses (including payment of salaries, authorized
travel, hire of passenger motor vehicles, the rental of conference
rooms, and the employment of experts and consultants under section 3109
of title 5, United States Code) of the United States Interagency
Council on Homelessness in carrying out the functions pursuant to title
II of the McKinney-Vento Homeless Assistance Act, as amended,
$2,000,000.
Title II of the McKinney-Vento Homeless Assistance Act, as amended,
is amended in section 209 by striking ``2006'' and inserting ``2007''.
United States Postal Service
payment to the postal service fund
For payment to the Postal Service Fund for revenue forgone on free
and reduced rate mail, pursuant to subsections (c) and (d) of section
2401 of title 39, United States Code, $108,915,000, of which
$79,915,000 shall not be available for obligation until October 1,
2007: Provided, That mail for overseas voting and mail for the blind
shall continue to be free: Provided further, That 6-day delivery and
rural delivery of mail shall continue at not less than the 1983 level:
Provided further, That none of the funds made available to the Postal
Service by this Act shall be used to implement any rule, regulation, or
policy of charging any officer or employee of any State or local child
support enforcement agency, or any individual participating in a State
or local program of child support enforcement, a fee for information
requested or provided concerning an address of a postal customer:
Provided further, That none of the funds provided in this Act shall be
used to consolidate or close small rural and other small post offices
in fiscal year 2007.
United States Tax Court
salaries and expenses
For necessary expenses, including contract reporting and other
services as authorized by 5 U.S.C. 3109, $47,110,000: Provided, That
travel expenses of the judges shall be paid upon the written
certificate of the judge.
TITLE VII
GENERAL PROVISIONS THIS ACT
(including transfers of funds)
Sec. 701. Such sums as may be necessary for fiscal year 2007 pay
raises for programs funded in this Act shall be absorbed within the
levels appropriated in this Act or previous appropriations Acts.
Sec. 702. None of the funds in this Act shall be used for the
planning or execution of any program to pay the expenses of, or
otherwise compensate, non-Federal parties intervening in regulatory or
adjudicatory proceedings funded in this Act.
Sec. 703. None of the funds appropriated in this Act shall remain
available for obligation beyond the current fiscal year, nor may any be
transferred to other appropriations, unless expressly so provided
herein.
Sec. 704. The expenditure of any appropriation under this Act for
any consulting service through procurement contract pursuant to section
3109 of title 5, United States Code, shall be limited to those
contracts where such expenditures are a matter of public record and
available for public inspection, except where otherwise provided under
existing law, or under existing Executive order issued pursuant to
existing law.
Sec. 705. None of the funds made available in this Act may be
transferred to any department, agency, or instrumentality of the United
States Government, except pursuant to a transfer made by, or transfer
authority provided in, this Act or any other appropriations Act.
Sec. 706. None of the funds made available by this Act shall be
available for any activity or for paying the salary of any Government
employee where funding an activity or paying a salary to a Government
employee would result in a decision, determination, rule, regulation,
or policy that would prohibit the enforcement of section 307 of the
Tariff Act of 1930 (19 U.S.C. 1307).
Sec. 707. No part of any appropriation contained in this Act shall
be available to pay the salary for any person filling a position, other
than a temporary position, formerly held by an employee who has left to
enter the Armed Forces of the United States and has satisfactorily
completed his period of active military or naval service, and has
within 90 days after his release from such service or from
hospitalization continuing after discharge for a period of not more
than 1 year, made application for restoration to his former position
and has been certified by the Office of Personnel Management as still
qualified to perform the duties of his former position and has not been
restored thereto.
Sec. 708. No funds appropriated pursuant to this Act may be
expended by an entity unless the entity agrees that in expending the
assistance the entity will comply with sections 2 through 4 of the Act
of March 3, 1933 (41 U.S.C. 10a-10c, popularly known as the ``Buy
American Act'').
Sec. 709. No funds appropriated or otherwise made available under
this Act shall be made available to any person or entity that has been
convicted of violating the Buy American Act (41 U.S.C. 10a-10c).
Sec. 710. Except as otherwise provided in this Act, none of the
funds provided in this Act, provided by previous appropriations Acts to
the agencies or entities funded in this Act that remain available for
obligation or expenditure in fiscal year 2007, or provided from any
accounts in the Treasury derived by the collection of fees and
available to the agencies funded by this Act, shall be available for
obligation or expenditure through a reprogramming of funds that: (1)
creates a new program; (2) eliminates a program, project, or activity;
(3) increases funds or personnel for any program, project, or activity
for which funds have been denied or restricted by the Congress; (4)
proposes to use funds directed for a specific activity by either the
House or Senate Committees on Appropriations for a different purpose;
(5) augments existing programs, projects, or activities in excess of
$5,000,000 or 10 percent, whichever is less; (6) reduces existing
programs, projects, or activities by $5,000,000 or 10 percent,
whichever is less; or (7) creates, reorganizes, or restructures a
branch, division, office, bureau, board, commission, agency,
administration, or department different from the budget justifications
submitted to the Committees on Appropriations or the table accompanying
the statement of the managers accompanying this Act, whichever is more
detailed, unless prior approval is received from the House and Senate
Committees on Appropriations: Provided, That not later than 60 days
after the date of enactment of this Act, each agency funded by this Act
shall submit a report to the Committees on Appropriations of the Senate
and of the House of Representatives to establish the baseline for
application of reprogramming and transfer authorities for the current
fiscal year: Provided further, That the report shall include: (1) a
table for each appropriation with a separate column to display the
President's budget request, adjustments made by Congress, adjustments
due to enacted rescissions, if appropriate, and the fiscal year enacted
level; (2) a delineation in the table for each appropriation both by
object class and program, project, and activity as detailed in the
budget appendix for the respective appropriation; and (3) an
identification of items of special congressional interest: Provided
further, That the amount appropriated or limited for salaries and
expenses for an agency shall be reduced by $100,000 per day for each
day after the required date that the report has not been submitted to
the Congress.
Sec. 711. Except as otherwise specifically provided by law, not to
exceed 50 percent of unobligated balances remaining available at the
end of fiscal year 2007 from appropriations made available for salaries
and expenses for fiscal year 2007 in this Act, shall remain available
through September 30, 2008, for each such account for the purposes
authorized: Provided, That a request shall be submitted to the
Committees on Appropriations for approval prior to the expenditure of
such funds: Provided further, That these requests shall be made in
compliance with reprogramming guidelines.
Sec. 712. None of the funds made available in this Act may be used
by the Executive Office of the President to request from the Federal
Bureau of Investigation any official background investigation report on
any individual, except when--
(1) such individual has given his or her express written
consent for such request not more than 6 months prior to the
date of such request and during the same presidential
administration; or
(2) such request is required due to extraordinary
circumstances involving national security.
Sec. 713. The cost accounting standards promulgated under section
26 of the Office of Federal Procurement Policy Act (Public Law 93-400;
41 U.S.C. 422) shall not apply with respect to a contract under the
Federal Employees Health Benefits Program established under chapter 89
of title 5, United States Code.
Sec. 714. For the purpose of resolving litigation and implementing
any settlement agreements regarding the nonforeign area cost-of-living
allowance program, the Office of Personnel Management may accept and
utilize (without regard to any restriction on unanticipated travel
expenses imposed in an Appropriations Act) funds made available to the
Office pursuant to court approval.
Sec. 715. In order to promote Government access to commercial
information technology, the restriction on purchasing nondomestic
articles, materials, and supplies set forth in the Buy American Act (41
U.S.C. 10a et seq.), shall not apply to the acquisition by the Federal
Government of information technology (as defined in section 11101 of
title 40, United States Code), that is a commercial item (as defined in
section 4(12) of the Office of Federal Procurement Policy Act (41
U.S.C. 403(12)).
Sec. 716. Notwithstanding any other provision of law, hereafter,
neither the Board of Governors of the Federal Reserve System nor the
Secretary of the Treasury may determine, by rule, regulation, order, or
otherwise, for the purposes of section 4(K) of the Bank Holding Company
Act of 1956, or section 5136A of the Revised Statutes of the United
States, that real estate brokerage activity or real estate management
activity (which for purposes of this paragraph shall be defined to mean
``real estate brokerage'' and ``property management'' respectively, as
those terms were understood by the Federal Reserve Board prior to March
11, 2000) is an activity. For purposes of this paragraph, ``real estate
brokerage activity'' shall mean ``real estate brokerage'', and ``real
estate management activity'' shall mean ``property management'' as
those terms were understood by the Federal Reserve Board prior to March
11, 2000.
Sec. 717. All Federal agencies and departments that are funded
under this Act shall issue a report to the House and Senate Committees
on Appropriations on all sole source contracts by no later than July
31, 2007. Such report shall include the contractor, the amount of the
contract and the rationale for using a sole source contract.
Sec. 718. No funds in this Act may be used to support any Federal,
State, or local projects that seek to use the power of eminent domain,
unless eminent domain is employed only for a public use: Provided, That
for purposes of this section, public use shall not be construed to
include economic development that primarily benefits private entities:
Provided further, That any use of funds for mass transit, railroad,
airport, seaport or highway projects as well as utility projects which
benefit or serve the general public (including energy-related,
communication-related, water-related and wastewater-related
infrastructure), other structures designated for use by the general
public or which have other common-carrier or public-utility functions
that serve the general public and are subject to regulation and
oversight by the government, and projects for the removal of an
immediate threat to public health and safety or brownsfield as defined
in the Small Business Liability Relief and Brownsfield Revitalization
Act (Public Law 107-118) shall be considered a public use for purposes
of eminent domain.
Sec. 719. Section 522 of division H of the Consolidated
Appropriations Act, 2005 (Public Law 108-447; 118 Stat. 3268; 5 U.S.C.
552a note) is amended by striking subsection (d) and inserting the
following:
``(d) Inspector General Review.--The Inspector General of each
agency shall periodically conduct a review of the agency's
implementation of this section and shall report the results of its
review to the Committees on Appropriations of the House of
Representatives and the Senate, the House Committee on Government
Reform, and the Senate Committee on Homeland Security and Governmental
Affairs. The report required by this review may be incorporated into a
related report to Congress otherwise required by law including, but not
limited to, 44 U.S.C. Sec. 3545, the Federal Information Security
Management Act of 2002. The Inspector General may contract with an
independent, third party organization to conduct the review.''.
TITLE VIII
GENERAL PROVISIONS GOVERNMENT-WIDE
Departments, Agencies, and Corporations
Sec. 801. Funds appropriated in this or any other Act may be used
to pay travel to the United States for the immediate family of
employees serving abroad in cases of death or life threatening illness
of said employee.
Sec. 802. No department, agency, or instrumentality of the United
States receiving appropriated funds under this or any other Act for
fiscal year 2007 shall obligate or expend any such funds, unless such
department, agency, or instrumentality has in place, and will continue
to administer in good faith, a written policy designed to ensure that
all of its workplaces are free from the illegal use, possession, or
distribution of controlled substances (as defined in the Controlled
Substances Act (21 U.S.C. 802)) by the officers and employees of such
department, agency, or instrumentality.
Sec. 803. Unless otherwise specifically provided, the maximum
amount allowable during the current fiscal year in accordance with
section 16 of the Act of August 2, 1946 (60 Stat. 810), for the
purchase of any passenger motor vehicle (exclusive of buses,
ambulances, law enforcement, and undercover surveillance vehicles), is
hereby fixed at $8,100 except station wagons for which the maximum
shall be $9,100: Provided, That these limits may be exceeded by not to
exceed $3,700 for police-type vehicles, and by not to exceed $4,000 for
special heavy-duty vehicles: Provided further, That the limits set
forth in this section may not be exceeded by more than 5 percent for
electric or hybrid vehicles purchased for demonstration under the
provisions of the Electric and Hybrid Vehicle Research, Development,
and Demonstration Act of 1976: Provided further, That the limits set
forth in this section may be exceeded by the incremental cost of clean
alternative fuels vehicles acquired pursuant to Public Law 101-549 over
the cost of comparable conventionally fueled vehicles.
Sec. 804. Appropriations of the executive departments and
independent establishments for the current fiscal year available for
expenses of travel, or for the expenses of the activity concerned, are
hereby made available for quarters allowances and cost-of-living
allowances, in accordance with 5 U.S.C. 5922-5924.
Sec. 805. Unless otherwise specified during the current fiscal
year, no part of any appropriation contained in this or any other Act
shall be used to pay the compensation of any officer or employee of the
Government of the United States (including any agency the majority of
the stock of which is owned by the Government of the United States)
whose post of duty is in the continental United States unless such
person: (1) is a citizen of the United States; (2) is a person in the
service of the United States on the date of the enactment of this Act
who, being eligible for citizenship, has filed a declaration of
intention to become a citizen of the United States prior to such date
and is actually residing in the United States; (3) is a person who owes
allegiance to the United States; (4) is an alien from Cuba, Poland,
South Vietnam, the countries of the former Soviet Union, or the Baltic
countries lawfully admitted to the United States for permanent
residence; (5) is a South Vietnamese, Cambodian, or Laotian refugee
paroled in the United States after January 1, 1975; or (6) is a
national of the People's Republic of China who qualifies for adjustment
of status pursuant to the Chinese Student Protection Act of 1992
(Public Law 102-404): Provided, That for the purpose of this section,
an affidavit signed by any such person shall be considered prima facie
evidence that the requirements of this section with respect to his or
her status have been complied with: Provided further, That any person
making a false affidavit shall be guilty of a felony, and, upon
conviction, shall be fined no more than $4,000 or imprisoned for not
more than 1 year, or both: Provided further, That the above penal
clause shall be in addition to, and not in substitution for, any other
provisions of existing law: Provided further, That any payment made to
any officer or employee contrary to the provisions of this section
shall be recoverable in action by the Federal Government. This section
shall not apply to citizens of Ireland, Israel, or the Republic of the
Philippines, or to nationals of those countries allied with the United
States in a current defense effort, or to international broadcasters
employed by the United States Information Agency, or to temporary
employment of translators, or to temporary employment in the field
service (not to exceed 60 days) as a result of emergencies.
Sec. 806. Appropriations available to any department or agency
during the current fiscal year for necessary expenses, including
maintenance or operating expenses, shall also be available for payment
to the General Services Administration for charges for space and
services and those expenses of renovation and alteration of buildings
and facilities which constitute public improvements performed in
accordance with the Public Buildings Act of 1959 (73 Stat. 749), the
Public Buildings Amendments of 1972 (87 Stat. 216), or other applicable
law.
Sec. 807. In addition to funds provided in this or any other Act,
all Federal agencies are authorized to receive and use funds resulting
from the sale of materials, including Federal records disposed of
pursuant to a records schedule recovered through recycling or waste
prevention programs. Such funds shall be available until expended for
the following purposes:
(1) Acquisition, waste reduction and prevention, and
recycling programs as described in Executive Order No. 13101
(September 14, 1998), including any such programs adopted prior
to the effective date of the Executive order.
(2) Other Federal agency environmental management programs,
including, but not limited to, the development and
implementation of hazardous waste management and pollution
prevention programs.
(3) Other employee programs as authorized by law or as
deemed appropriate by the head of the Federal agency.
Sec. 808. Funds made available by this or any other Act for
administrative expenses in the current fiscal year of the corporations
and agencies subject to chapter 91 of title 31, United States Code,
shall be available, in addition to objects for which such funds are
otherwise available, for rent in the District of Columbia; services in
accordance with 5 U.S.C. 3109; and the objects specified under this
head, all the provisions of which shall be applicable to the
expenditure of such funds unless otherwise specified in the Act by
which they are made available: Provided, That in the event any
functions budgeted as administrative expenses are subsequently
transferred to or paid from other funds, the limitations on
administrative expenses shall be correspondingly reduced.
Sec. 809. No part of any appropriation for the current fiscal year
contained in this or any other Act shall be paid to any person for the
filling of any position for which he or she has been nominated after
the Senate has voted not to approve the nomination of said person.
Sec. 810. No part of any appropriation contained in this or any
other Act shall be available for interagency financing of boards
(except Federal Executive Boards), commissions, councils, committees,
or similar groups (whether or not they are interagency entities) which
do not have a prior and specific statutory approval to receive
financial support from more than one agency or instrumentality.
Sec. 811. Funds made available by this or any other Act to the
Postal Service Fund (39 U.S.C. 2003) shall be available for employment
of guards for all buildings and areas owned or occupied by the Postal
Service or under the charge and control of the Postal Service. The
Postal Service may give such guards, with respect to such property, any
of the powers of special policemen provided under 40 U.S.C. 1315. The
Postmaster General, or his designee, may take any action that the
Secretary of Homeland Security may take under such section with respect
to that property.
Sec. 812. None of the funds made available pursuant to the
provisions of this Act shall be used to implement, administer, or
enforce any regulation which has been disapproved pursuant to a joint
resolution duly adopted in accordance with the applicable law of the
United States.
Sec. 813. (a) Notwithstanding any other provision of law, and
except as otherwise provided in this section, no part of any of the
funds appropriated for fiscal year 2007, by this or any other Act, may
be used to pay any prevailing rate employee described in section
5342(a)(2)(A) of title 5, United States Code--
(1) during the period from the date of expiration of the
limitation imposed by the comparable section for previous
fiscal years until the normal effective date of the applicable
wage survey adjustment that is to take effect in fiscal year
2007, in an amount that exceeds the rate payable for the
applicable grade and step of the applicable wage schedule in
accordance with such section; and
(2) during the period consisting of the remainder of fiscal
year 2007, in an amount that exceeds, as a result of a wage
survey adjustment, the rate payable under paragraph (1) by more
than the sum of--
(A) the percentage adjustment taking effect in
fiscal year 2007 under section 5303 of title 5, United
States Code, in the rates of pay under the General
Schedule; and
(B) the difference between the overall average
percentage of the locality-based comparability payments
taking effect in fiscal year 2007 under section 5304 of
such title (whether by adjustment or otherwise), and
the overall average percentage of such payments which
was effective in the previous fiscal year under such
section.
(b) Notwithstanding any other provision of law, no prevailing rate
employee described in subparagraph (B) or (C) of section 5342(a)(2) of
title 5, United States Code, and no employee covered by section 5348 of
such title, may be paid during the periods for which subsection (a) is
in effect at a rate that exceeds the rates that would be payable under
subsection (a) were subsection (a) applicable to such employee.
(c) For the purposes of this section, the rates payable to an
employee who is covered by this section and who is paid from a schedule
not in existence on September 30, 2006, shall be determined under
regulations prescribed by the Office of Personnel Management.
(d) Notwithstanding any other provision of law, rates of premium
pay for employees subject to this section may not be changed from the
rates in effect on September 30, 2006, except to the extent determined
by the Office of Personnel Management to be consistent with the purpose
of this section.
(e) This section shall apply with respect to pay for service
performed after September 30, 2006.
(f) For the purpose of administering any provision of law
(including any rule or regulation that provides premium pay,
retirement, life insurance, or any other employee benefit) that
requires any deduction or contribution, or that imposes any requirement
or limitation on the basis of a rate of salary or basic pay, the rate
of salary or basic pay payable after the application of this section
shall be treated as the rate of salary or basic pay.
(g) Nothing in this section shall be considered to permit or
require the payment to any employee covered by this section at a rate
in excess of the rate that would be payable were this section not in
effect.
(h) The Office of Personnel Management may provide for exceptions
to the limitations imposed by this section if the Office determines
that such exceptions are necessary to ensure the recruitment or
retention of qualified employees.
Sec. 814. During the period in which the head of any department or
agency, or any other officer or civilian employee of the Government
appointed by the President of the United States, holds office, no funds
may be obligated or expended in excess of $5,000 to furnish or
redecorate the office of such department head, agency head, officer, or
employee, or to purchase furniture or make improvements for any such
office, unless advance notice of such furnishing or redecoration is
expressly approved by the Committees on Appropriations. For the
purposes of this section, the term ``office'' shall include the entire
suite of offices assigned to the individual, as well as any other space
used primarily by the individual or the use of which is directly
controlled by the individual.
Sec. 815. Notwithstanding section 1346 of title 31, United States
Code, or section 809 of this Act, funds made available for the current
fiscal year by this or any other Act shall be available for the
interagency funding of national security and emergency preparedness
telecommunications initiatives which benefit multiple Federal
departments, agencies, or entities, as provided by Executive Order No.
12472 (April 3, 1984).
Sec. 816. (a) None of the funds appropriated by this or any other
Act may be obligated or expended by any Federal department, agency, or
other instrumentality for the salaries or expenses of any employee
appointed to a position of a confidential or policy-determining
character excepted from the competitive service pursuant to section
3302 of title 5, United States Code, without a certification to the
Office of Personnel Management from the head of the Federal department,
agency, or other instrumentality employing the Schedule C appointee
that the Schedule C position was not created solely or primarily in
order to detail the employee to the White House.
(b) The provisions of this section shall not apply to Federal
employees or members of the armed services detailed to or from--
(1) the Central Intelligence Agency;
(2) the National Security Agency;
(3) the Defense Intelligence Agency;
(4) the offices within the Department of Defense for the
collection of specialized national foreign intelligence through
reconnaissance programs;
(5) the Bureau of Intelligence and Research of the
Department of State;
(6) any agency, office, or unit of the Army, Navy, Air
Force, and Marine Corps, the Department of Homeland Security,
the Federal Bureau of Investigation and the Drug Enforcement
Administration of the Department of Justice, the Department of
Transportation, the Department of the Treasury, and the
Department of Energy performing intelligence functions; and
(7) the Director of National Intelligence or the Office of
the Director of National Intelligence.
Sec. 817. No department, agency, or instrumentality of the United
States receiving appropriated funds under this or any other Act for the
current fiscal year shall obligate or expend any such funds, unless
such department, agency, or instrumentality has in place, and will
continue to administer in good faith, a written policy designed to
ensure that all of its workplaces are free from discrimination and
sexual harassment and that all of its workplaces are not in violation
of title VII of the Civil Rights Act of 1964 (Public Law 88-352, 78
Stat. 241), as amended, the Age Discrimination in Employment Act of
1967 (Public Law 90-202, 81 Stat. 602), and the Rehabilitation Act of
1973 (Public Law 93-112, 87 Stat. 355).
Sec. 818. No part of any appropriation contained in this or any
other Act shall be available for the payment of the salary of any
officer or employee of the Federal Government, who--
(1) prohibits or prevents, or attempts or threatens to
prohibit or prevent, any other officer or employee of the
Federal Government from having any direct oral or written
communication or contact with any Member, committee, or
subcommittee of the Congress in connection with any matter
pertaining to the employment of such other officer or employee
or pertaining to the department or agency of such other officer
or employee in any way, irrespective of whether such
communication or contact is at the initiative of such other
officer or employee or in response to the request or inquiry of
such Member, committee, or subcommittee; or
(2) removes, suspends from duty without pay, demotes,
reduces in rank, seniority, status, pay, or performance of
efficiency rating, denies promotion to, relocates, reassigns,
transfers, disciplines, or discriminates in regard to any
employment right, entitlement, or benefit, or any term or
condition of employment of, any other officer or employee of
the Federal Government, or attempts or threatens to commit any
of the foregoing actions with respect to such other officer or
employee, by reason of any communication or contact of such
other officer or employee with any Member, committee, or
subcommittee of the Congress as described in paragraph (1).
Sec. 819. (a) None of the funds made available in this or any other
Act may be obligated or expended for any employee training that--
(1) does not meet identified needs for knowledge, skills,
and abilities bearing directly upon the performance of official
duties;
(2) contains elements likely to induce high levels of
emotional response or psychological stress in some
participants;
(3) does not require prior employee notification of the
content and methods to be used in the training and written end
of course evaluation;
(4) contains any methods or content associated with
religious or quasi-religious belief systems or ``new age''
belief systems as defined in Equal Employment Opportunity
Commission Notice N-915.022, dated September 2, 1988; or
(5) is offensive to, or designed to change, participants'
personal values or lifestyle outside the workplace.
(b) Nothing in this section shall prohibit, restrict, or otherwise
preclude an agency from conducting training bearing directly upon the
performance of official duties.
Sec. 820. No funds appropriated in this or any other Act may be
used to implement or enforce the agreements in Standard Forms 312 and
4414 of the Government or any other nondisclosure policy, form, or
agreement if such policy, form, or agreement does not contain the
following provisions: ``These restrictions are consistent with and do
not supersede, conflict with, or otherwise alter the employee
obligations, rights, or liabilities created by Executive Order No.
12958; section 7211 of title 5, United States Code (governing
disclosures to Congress); section 1034 of title 10, United States Code,
as amended by the Military Whistleblower Protection Act (governing
disclosure to Congress by members of the military); section 2302(b)(8)
of title 5, United States Code, as amended by the Whistleblower
Protection Act (governing disclosures of illegality, waste, fraud,
abuse or public health or safety threats); the Intelligence Identities
Protection Act of 1982 (50 U.S.C. 421 et seq.) (governing disclosures
that could expose confidential Government agents); and the statutes
which protect against disclosure that may compromise the national
security, including sections 641, 793, 794, 798, and 952 of title 18,
United States Code, and section 4(b) of the Subversive Activities Act
of 1950 (50 U.S.C. 783(b)). The definitions, requirements, obligations,
rights, sanctions, and liabilities created by said Executive order and
listed statutes are incorporated into this agreement and are
controlling.'': Provided, That notwithstanding the preceding paragraph,
a nondisclosure policy form or agreement that is to be executed by a
person connected with the conduct of an intelligence or intelligence-
related activity, other than an employee or officer of the United
States Government, may contain provisions appropriate to the particular
activity for which such document is to be used. Such form or agreement
shall, at a minimum, require that the person will not disclose any
classified information received in the course of such activity unless
specifically authorized to do so by the United States Government. Such
nondisclosure forms shall also make it clear that they do not bar
disclosures to Congress or to an authorized official of an executive
agency or the Department of Justice that are essential to reporting a
substantial violation of law.
Sec. 821. No part of any funds appropriated in this or any other
Act shall be used by an agency of the executive branch, other than for
normal and recognized executive-legislative relationships, for
publicity or propaganda purposes, and for the preparation, distribution
or use of any kit, pamphlet, booklet, publication, radio, television or
film presentation designed to support or defeat legislation pending
before the Congress, except in presentation to the Congress itself.
Sec. 822. None of the funds appropriated by this or any other Act
may be used by an agency to provide a Federal employee's home address
to any labor organization except when the employee has authorized such
disclosure or when such disclosure has been ordered by a court of
competent jurisdiction.
Sec. 823. None of the funds made available in this Act or any other
Act may be used to provide any non-public information such as mailing
or telephone lists to any person or any organization outside of the
Federal Government without the approval of the Committees on
Appropriations.
Sec. 824. No part of any appropriation contained in this or any
other Act shall be used directly or indirectly, including by private
contractor, for publicity or propaganda purposes within the United
States not heretofor authorized by the Congress.
Sec. 825. (a) In this section the term ``agency''--
(1) means an Executive agency as defined under section 105
of title 5, United States Code;
(2) includes a military department as defined under section
102 of such title, the Postal Service, and the Postal Rate
Commission; and
(3) shall not include the Government Accountability Office.
(b) Unless authorized in accordance with law or regulations to use
such time for other purposes, an employee of an agency shall use
official time in an honest effort to perform official duties. An
employee not under a leave system, including a Presidential appointee
exempted under section 6301(2) of title 5, United States Code, has an
obligation to expend an honest effort and a reasonable proportion of
such employee's time in the performance of official duties.
Sec. 826. Notwithstanding 31 U.S.C. 1346 and section 810 of this
Act, funds made available for the current fiscal year by this or any
other Act to any department or agency, which is a member of the Federal
Accounting Standards Advisory Board (FASAB), shall be available to
finance an appropriate share of FASAB administrative costs.
Sec. 827. Notwithstanding 31 U.S.C. 1346 and section 810 of this
Act, the head of each Executive department and agency is hereby
authorized to transfer to or reimburse ``General Services
Administration, Government-wide Policy'' with the approval of the
Director of the Office of Management and Budget, funds made available
for the current fiscal year by this or any other Act, including rebates
from charge card and other contracts: Provided, That these funds shall
be administered by the Administrator of General Services to support
Government-wide financial, information technology, procurement, and
other management innovations, initiatives, and activities, as approved
by the Director of the Office of Management and Budget, in consultation
with the appropriate interagency groups designated by the Director
(including the Chief Financial Officers Council for financial
management initiatives, the Chief Information Officers Council for
information technology initiatives, the Chief Human Capital Officers
Council for human capital initiatives, and the Chief Acquisition
Officers Council for procurement initiatives). The total funds
transferred or reimbursed shall not exceed $10,000,000. Such transfers
or reimbursements may only be made 15 days following notification of
the Committees on Appropriations by the Director of the Office of
Management and Budget.
Sec. 828. Notwithstanding any other provision of law, a woman may
breastfeed her child at any location in a Federal building or on
Federal property, if the woman and her child are otherwise authorized
to be present at the location.
Sec. 829. Nothwithstanding section 1346 of title 31, United States
Code, or section 810 of this Act, funds made available for the current
fiscal year by this or any other Act shall be available for the
interagency funding of specific projects, workshops, studies, and
similar efforts to carry out the purposes of the National Science and
Technology Council (authorized by Executive Order No. 12881), which
benefit multiple Federal departments, agencies, or entities: Provided,
That the Office of Management and Budget shall provide a report
describing the budget of and resources connected with the National
Science and Technology Council to the Committees on Appropriations, the
House Committee on Science, and the Senate Committee on Commerce,
Science, and Transportation 90 days after enactment of this Act.
Sec. 830. Any request for proposals, solicitation, grant
application, form, notification, press release, or other publications
involving the distribution of Federal funds shall indicate the agency
providing the funds, the Catalog of Federal Domestic Assistance Number,
as applicable, and the amount provided: Provided, That this provision
shall apply to direct payments, formula funds, and grants received by a
State receiving Federal funds.
Sec. 831. Subsection (f) of section 403 of Public Law 103-356 (31
U.S.C. 501 note), as amended, is further amended by striking ``October
1, 2006'' and inserting ``October 1, 2007''.
Sec. 832. (a) Prohibition of Federal Agency Monitoring of
Individuals' Internet Use.--None of the funds made available in this or
any other Act may be used by any Federal agency--
(1) to collect, review, or create any aggregation of data,
derived from any means, that includes any personally
identifiable information relating to an individual's access to
or use of any Federal Government Internet site of the agency;
or
(2) to enter into any agreement with a third party
(including another government agency) to collect, review, or
obtain any aggregation of data, derived from any means, that
includes any personally identifiable information relating to an
individual's access to or use of any nongovernmental Internet
site.
(b) Exceptions.--The limitations established in subsection (a)
shall not apply to--
(1) any record of aggregate data that does not identify
particular persons;
(2) any voluntary submission of personally identifiable
information;
(3) any action taken for law enforcement, regulatory, or
supervisory purposes, in accordance with applicable law; or
(4) any action described in subsection (a)(1) that is a
system security action taken by the operator of an Internet
site and is necessarily incident to providing the Internet site
services or to protecting the rights or property of the
provider of the Internet site.
(c) Definitions.--For the purposes of this section:
(1) The term ``regulatory'' means agency actions to
implement, interpret or enforce authorities provided in law.
(2) The term ``supervisory'' means examinations of the
agency's supervised institutions, including assessing safety
and soundness, overall financial condition, management
practices and policies and compliance with applicable standards
as provided in law.
Sec. 833. (a) None of the funds appropriated by this Act may be
used to enter into or renew a contract which includes a provision
providing prescription drug coverage, except where the contract also
includes a provision for contraceptive coverage.
(b) Nothing in this section shall apply to a contract with--
(1) any of the following religious plans:
(A) Personal Care's HMO; and
(B) OSF HealthPlans, Inc.; and
(2) any existing or future plan, if the carrier for the
plan objects to such coverage on the basis of religious
beliefs.
(c) In implementing this section, any plan that enters into or
renews a contract under this section may not subject any individual to
discrimination on the basis that the individual refuses to prescribe or
otherwise provide for contraceptives because such activities would be
contrary to the individual's religious beliefs or moral convictions.
(d) Nothing in this section shall be construed to require coverage
of abortion or abortion-related services.
Sec. 834. The Congress of the United States recognizes the United
States Anti-Doping Agency (USADA) as the official anti-doping agency
for Olympic, Pan American, and Paralympic sport in the United States.
Sec. 835. Notwithstanding any other provision of law, funds
appropriated for official travel by Federal departments and agencies
may be used by such departments and agencies, if consistent with Office
of Management and Budget Circular A-126 regarding official travel for
Government personnel, to participate in the fractional aircraft
ownership pilot program.
Sec. 836. Notwithstanding any other provision of law, none of the
funds appropriated or made available under this Act or any other
appropriations Act may be used to implement or enforce restrictions or
limitations on the Coast Guard Congressional Fellowship Program, or to
implement the proposed regulations of the Office of Personnel
Management to add sections 300.311 through 300.316 to part 300 of title
5 of the Code of Federal Regulations, published in the Federal
Register, volume 68, number 174, on September 9, 2003 (relating to the
detail of executive branch employees to the legislative branch).
Sec. 837. Notwithstanding any other provision of law, no executive
branch agency shall purchase, construct, and/or lease any additional
facilities, except within or contiguous to existing locations, to be
used for the purpose of conducting Federal law enforcement training
without the advance approval of the Committees on Appropriations,
except that the Federal Law Enforcement Training Center is authorized
to obtain the temporary use of additional facilities by lease,
contract, or other agreement for training which cannot be accommodated
in existing Center facilities.
Sec. 838. Notwithstanding section 1346 of title 31, United States
Code, and section 809 of this Act and any other provision of law, the
head of each appropriate executive department and agency shall transfer
to or reimburse the Federal Aviation Administration, upon the direction
of the Director of the Office of Management and Budget, funds made
available by this or any other Act for the purposes described below,
and shall submit budget requests for such purposes. These funds shall
be administered by the Federal Aviation Administration, in consultation
with the appropriate interagency groups designated by the Director and
shall be used to ensure the uninterrupted, continuous operation of the
Midway Atoll Airfield by the Federal Aviation Administration pursuant
to an operational agreement with the Department of the Interior for the
entirety of fiscal year 2007 and any period thereafter that precedes
the enactment of the Transportation, Treasury, the Judiciary, Housing
and Urban Development, and Related Agencies Appropriations Act, 2008.
The Director of the Office of Management and Budget shall mandate the
necessary transfers after determining an equitable allocation between
the appropriate executive departments and agencies of the
responsibility for funding the continuous operation of the Midway Atoll
Airfield based on, but not limited to, potential use, interest in
maintaining aviation safety, and applicability to governmental
operations and agency mission. The total funds transferred or
reimbursed shall not exceed $6,000,000 for any twelve-month period.
Such sums shall be sufficient to ensure continued operation of the
airfield throughout the period cited above. Funds shall be available
for operation of the airfield or airfield-related capital upgrades. The
Director of the Office of Management and Budget shall notify the
Committees on Appropriations of such transfers or reimbursements within
15 days of this Act. Such transfers or reimbursements shall begin
within 30 days of enactment of this Act.
Sec. 839. (a) No funds shall be available for transfers or
reimbursements to the E-Government Initiatives sponsored by the Office
of Management and Budget (OMB) prior to 15 days following submission of
a report to the Committees on Appropriations by the Director of the
Office of Management and Budget and receipt of approval to transfer
funds by the House and Senate Committees on Appropriations.
(b) The report in (a) shall detail--
(1) the amount proposed for transfer for any department and
agency by program office, bureau, or activity, as appropriate;
(2) the specific use of funds;
(3) the relevance of that use to that department or agency
and each bureau or office within, which is contributing funds;
and
(4) a description on any such activities for which funds
were appropriated that will not be implemented or partially
implemented by the department or agency as a result of the
transfer.
Sec. 840. (a) Requirement for Public-Private Competition.--
(1) Notwithstanding any other provision of law, none of the
funds appropriated by this or any other Act shall be available
to convert to contractor performance an activity or function of
an executive agency, that on or after the date of enactment of
this Act, is performed by more than 10 Federal employees
unless--
(A) the conversion is based on the result of a
public-private competition that includes a most
efficient and cost effective organization plan
developed by such activity or function; and
(B) the Competitive Sourcing Official determines
that, over all performance periods stated in the
solicitation of offers for performance of the activity
or function, the cost of performance of the activity or
function by a contractor would be less costly to the
executive agency by an amount that equals or exceeds
the lesser of--
(i) 10 percent of the most efficient
organization's personnel-related costs for
performance of that activity or function by
Federal employees; or
(ii) $10,000,000.
(2) This paragraph shall not apply to--
(A) the Department of Defense;
(B) section 44920 of title 49, United States Code;
(C) a commercial or industrial type function that--
(i) is included on the procurement list
established pursuant to section 2 of the
Javits-Wagner-O'Day Act (41 U.S.C. 47); or
(ii) is planned to be converted to
performance by a qualified nonprofit agency for
the blind or by a qualified nonprofit agency
for other severely handicapped individuals in
accordance with that Act;
(D) depot contracts or contracts for depot
maintenance as provided in sections 2469 and 2474 of
title 10, United States Code; or
(E) activities that are the subject of an ongoing
competition that was publicly announced prior to the
date of enactment of this Act.
(b) Use of Public-Private Competition.--Nothing in Office of
Management and Budget Circular A-76 shall prevent the head of an
executive agency from conducting a public-private competition to
evaluate the benefits of converting work from contract performance to
performance by Federal employees in appropriate instances. The Circular
shall provide procedures and policies for these competitions that are
similar to those applied to competitions that may result in the
conversion of work from performance by Federal employees to performance
by a contractor.
Sec. 841. (a) The adjustment in rates of basic pay for employees
under the statutory pay systems that takes effect in fiscal year 2007
under sections 5303 and 5304 of title 5, United States Code, shall be
an increase of 2.7 percent, and this adjustment shall apply to civilian
employees in the Department of Defense and the Department of Homeland
Security and such adjustments shall be effective as of the first day of
the first applicable pay period beginning on or after January 1, 2007.
(b) Notwithstanding section 813 of this Act, the adjustment in
rates of basic pay for the statutory pay systems that take place in
fiscal year 2007 under sections 5344 and 5348 of title 5, United States
Code, shall be no less than the percentage in paragraph (a) as
employees in the same location whose rates of basic pay are adjusted
pursuant to the statutory pay systems under section 5303 and 5304 of
title 5, United States Code. Prevailing rate employees at locations
where there are no employees whose pay is increased pursuant to
sections 5303 and 5304 of title 5 and prevailing rate employees
described in section 5343(a)(5) of title 5 shall be considered to be
located in the pay locality designated as ``Rest of US'' pursuant to
section 5304 of title 5 for purposes of this paragraph.
(c) Funds used to carry out this section shall be paid from
appropriations, which are made to each applicable department or agency
for salaries and expenses for fiscal year 2007.
Sec. 842. Unless otherwise authorized by existing law, none of the
funds provided in this Act or any other Act may be used by an executive
branch agency to produce any prepackaged news story intended for
broadcast or distribution in the United States, unless the story
includes a clear notification within the text or audio of the
prepackaged news story that the prepackaged news story was prepared or
funded by that executive branch agency.
Sec. 843. None of the funds made available in this Act may be used
in contravention of section 552a of title 5, United States Code
(popularly known as the Privacy Act) or of section 552.224 of title 48
of the Code of Federal Regulations.
Sec. 844. Each executive department and agency shall evaluate the
creditworthiness of an individual before issuing the individual a
government travel charge card. The department or agency may not issue a
government travel charge card to an individual that either lacks a
credit history or is found to have an unsatisfactory credit history as
a result of this evaluation: Provided, That this restriction shall not
preclude issuance of a restricted-use charge, debit, or stored value
card made in accordance with agency procedures to: (1) an individual
with an unsatisfactory credit history where such card is used to pay
travel expenses and the agency determines there is no suitable
alternative payment mechanism available before issuing the card; or (2)
an individual who lacks a credit history. Each executive department and
agency shall establish guidelines and procedures for disciplinary
actions to be taken against agency personnel for improper, fraudulent,
or abusive use of government charge cards, which shall include
appropriate disciplinary actions for use of charge cards for purposes,
and at establishments, that are inconsistent with the official business
of the Department or agency or with applicable standards of conduct.
Sec. 845. (a) Not later than 180 days after the end of the fiscal
year, the head of each Federal agency shall submit a report to the
Congress on the amount of the acquisitions made by the agency of
articles, materials or supplies purchased from entities that
manufacture the articles, materials, or supplies outside of the United
States in that fiscal year.
(b) The report required by subsection (a) shall separately
indicate--
(1) the dollar value of any articles, materials, or
supplies purchased that were manufactured outside of the United
States;
(2) an itemized list of all waivers granted with respect to
such articles, materials, or supplies under the Buy American
Act (41 U.S.C. 10a et seq.); and a citation to the treaty,
international agreement, or other law under which each waiver
was granted;
(3) if any articles, materials, or supplies were acquired
from entities that manufacture articles, materials, or supplies
outside the United States, the specific exception under section
2 of such Act (41 U.S.C. 10a) that was used to purchase such
articles, materials, or supplies; and
(4) a summary of the total procurement funds spent on
articles, materials, and supplies manufactured in the United
States versus funds spent on articles, materials, or supplies
manufactured outside of the United States.
(c) The head of each Federal agency submitting a report under
subsection (a) shall make the report publicly available to the maximum
extent practicable.
(d) This section shall not apply to acquisitions made by an agency,
or component thereof, that is an element of the intelligence community
as set forth in or designated under section 3(4) of the National
Security Act of 1947 (50 U.S.C. 401a(4)).
Sec. 846. None of the funds made available in this Act may be used
to administer, implement, or enforce the amendment made to section
515.533 of title 31, Code of Federal Regulations, that was published in
the Federal Register on February 25, 2005.
TITLE IX
AIR TRANSPORTATION TO AND FROM LOVE FIELD
SEC. 901. MODIFICATION OF PROVISIONS REGARDING FLIGHTS TO AND FROM LOVE
FIELD, TEXAS.
(a) Expanded Service.--Section 29(c) of the International Air
Transportation Competition Act of 1979 is amended by striking
``carrier, if (1)'' and all that follows and inserting the following:
``carrier. Air carriers and, with regard to foreign air transportation,
foreign air carriers, may offer for sale and provide through service
and ticketing to or from Love Field, Texas, and any domestic or foreign
destination through any point within Texas, New Mexico, Oklahoma,
Kansas, Arkansas, Louisiana, Mississippi, Missouri, and Alabama.''.
(b) Repeal.--Section 29 of the International Air Transportation
Competition Act of 1979 (Public Law 96-192; 94 Stat. 48 et seq.) is
repealed on the date that is 8 years after the date of enactment of
this Act.
SEC. 902. TREATMENT OF INTERNATIONAL NON-STOP FLIGHTS TO AND FROM LOVE
FIELD, TEXAS.
No person may provide, or offer to provide, air transportation of
passengers for compensation or hire between Love Field, Texas, and any
point or points outside the 50 States or the District of Columbia on a
non-stop basis, and no official or employee of the United States
Government may take any action to make or designate Love Field, Texas,
an initial point of entry into the United States or a last point of
departure from the United States.
SEC. 903. CHARTER FLIGHTS AT LOVE FIELD, TEXAS.
(a) In General.--Charter flights (as defined in 14 CFR 212.2) at
Love Field, Texas, shall be limited to destinations within the 50
United States and the District of Columbia and shall be limited to no
more than 10 per month per air carrier for charter flights beyond
Texas, New Mexico, Oklahoma, Kansas, Arkansas, Louisiana, Mississippi,
Missouri, or Alabama.
(b) Carriers That Lease Gates.--Except for a flight operated by a
Federal agency or by an air carrier under contract to a Federal agency
or in extraordinary circumstances or irregular operations, all flights
operated by air carriers that lease terminal gate space at Love Field,
Texas, shall depart from and arrive at one of those leased gates.
(c) Carriers That do not Lease Gates.--A charter flight operated by
an air carrier that does not lease terminal space at Love Field, Texas,
may operate from non-terminal facilities or one of the terminal gates.
SEC. 904. AGREEMENT OF THE PARTIES.
(a) In General.--Except as provided in subsection (b), any action
taken by the City of Dallas, the City of Fort Worth, Southwest
Airlines, American Airlines, or the Dallas-Fort Worth International
Airport Board (referred to in this section as the ``parties'') that is
reasonably necessary to implement the provisions of the agreement dated
July 11, 2006, and titled ``Contract Among the City of Dallas, the City
of Fort Worth, Southwest Airlines Co., American Airlines, Inc., and DFW
International Airport Board Incorporating the Substance of the Terms of
the June 15, 2006 Joint Statement Between the Parties to Resolve the
`Wright Amendment' Issues'', and such agreement, shall be deemed to
comply in all respects with the parties' obligations under title 49,
United States Code, and any other competition laws.
(b) Limitations on Statutory Construction.--Nothing in this section
shall be construed--
(1) to limit the obligations of the parties under the
existing programs of the United States Department of
Transportation and the Federal Aviation Administration relating
to aviation safety, labor, environmental, national historic
preservation, civil rights, small business concerns (including
disadvantaged business enterprise), veteran's preference, and
disability access;
(2) to limit the obligations of the parties under the
existing aviation security programs of the Department of
Homeland Security and the Transportation Security
Administration at Love Field, Texas; or
(3) to authorize the parties to offer marketing incentives
that are in violation of Federal law, rules, orders,
agreements, and other requirements.
(c) Love Field Gates.--The number of gates available for passenger
air service at Love Field, Texas, shall be reduced, as soon as
practicable, to no more than 20 gates, and thereafter shall not exceed
a maximum of 20 gates.
(d) General Aviation.--Nothing in the agreement described in
subsection (a) shall affect general aviation service at Love Field,
Texas, including flights to or from Love Field by general aviation
aircraft for air taxi service, private or sport flying, aerial
photography, crop dusting, corporate aviation, medical evacuation,
flight training, police or fire fighting, and similar general aviation
purposes, or by aircraft operated by any Federal agency or by any
airline under contract to any agency of the U.S. Government.
(e) Enforcement.--Notwithstanding any other provision of law, the
Secretary of Transportation and the Administrator of the Federal
Aviation Administration are prohibited from making findings or
determinations, promulgating orders or rules, withholding airport
improvement grants or approvals thereof, denying passenger facility
charge applications, or taking any other action either self-initiated
or on behalf of third parties, that is inconsistent with the provisions
of the agreement described in subsection (a), or that challenge the
legality of any of its provisions.
SEC. 905. JURISDICTION.
The Department of Transportation shall have exclusive jurisdiction
with respect to the agreement described in section 5(a) of this Act.
SEC. 906. APPLICABILITY.
(a) In General.--The provisions of this Act shall apply only to
actions taken with respect to Love Field, Texas, or air transportation
to or from Love Field, Texas, under the agreement described in section
5(a) of this Act and shall have no application to any other airport.
(b) Safety Review.--The provisions of this Act shall not take
effect if, within 30 days after the date of enactment of this Act, the
Administrator of the Federal Aviation Administration determines and
notifies the Congress that aviation operations in the airspace serving
Love Field, Texas, and the Dallas-Fort Worth area that will be
facilitated by the agreement described in section 5(a) and by this Act,
cannot be accommodated in compliance with FAA safety standards in
accordance with section 40101 of title 49, United States Code.
This Act may be cited as the ``Transportation, Treasury, Housing
and Urban Development, the Judiciary, and Related Agencies
Appropriations Act, 2007''.
Calendar No. 535
109th CONGRESS
2d Session
H.R. 5576
[Report No. 109-293]
_______________________________________________________________________
AN ACT
Making appropriations for the Departments of Transportation, Treasury,
and Housing and Urban Development, the Judiciary, District of Columbia,
and independent agencies for the fiscal year ending September 30, 2007,
and for other purposes.
_______________________________________________________________________
June 15, 2006
Received; read twice and referred to the Committee on Appropriations
July 26, 2006
Reported with an amendment