# ![](media/image1.jpeg){width="6.11875in" height="1.0923611111111111in"}

**Appropriations Policy Brief**

***H.R. 2764---The Omnibus for Fiscal Year 2008***

December 17, 2007

**[Discussion of Spending Level:]{.underline}**

As described above, the omnibus is roughly \$24.3 billion above the
President's comparable request for non-defense spending for the entirety
of FY 2008. The breakdown is as follows:

**Amount Above President's Budget Request**

*In B*illions of Dollars

  -------------------------------------------------------- --------------
  Contingent Emergency for Veterans                        \$3.7 billion

  Non-Defense Emergencies                                  \$7.4 billion

  Unrequested Advance Appropriations                       \$2.4 billion

  Non-Defense Emergencies in Earlier Defense Bill          \$6.4 billion

  Higher Domestic Spending via Lower Defense Spending      \$4.4 billion

  ***Total***                                              **\$24.3
                                                           billion**
  -------------------------------------------------------- --------------

**Budget Compliance**: At press time, a CBO score was not available.
However, if the funding levels prove to be the same as asserted by the
Appropriations Committee and press reports, the Conference Report is
within the 302(b) allocations for each of the eleven subcommittees
covered by the legislation and thus would *technically* comply with the
Budget Act.

**Individual Bill Funding Levels:**

*In M*illions of Dollars

+-----------------+-------+--------+----------+----------+----------+
| ###             | ##    | ### ** | ##       | ###      | ### **O  |
|                 | # **F | FY08** | # **FY08 |  **FY08  | mnibus** |
|                 | Y07** |        |  House** | Senate** |          |
|                 |       | **Req  |          |          |          |
|                 | *     | uest** | **Bill** | **Bill** |          |
|                 | *Enac |        |          |          |          |
|                 | ted** |        |          |          |          |
+-----------------+-------+--------+----------+----------+----------+
| ### *           | #     | ### 1  | ###      | ### NA   | ###      |
| *Agriculture**  | ##  1 | 7,835  |  18,817  |          | 18,100\* |
|                 | 7,774 |        |          |          |          |
+-----------------+-------+--------+----------+----------+----------+
| ### **CJS**     | #     | ###    | ###      | ###      | ###      |
|                 | ##  5 | 51,387 |  53,551  |  54,403  |  51,803  |
|                 | 1,950 |        |          |          |          |
+-----------------+-------+--------+----------+----------+----------+
| ### *           | #     | ### 3  | ###      | ### NA   | ##       |
| *Energy-Water** | ##  3 | 0,473  |  31,603  |          | # 30,888 |
|                 | 0,298 |        |          |          |          |
+-----------------+-------+--------+----------+----------+----------+
| ### **Finan     | #     | ### 2  | ###      | ### NA   | ##       |
| cial Services** | ##  1 | 1,678  |  21,434  |          | # 20,599 |
|                 | 9,518 |        |          |          |          |
+-----------------+-------+--------+----------+----------+----------+
| ### **Home      | #     | ### 3  | ###      | ##       | ##       |
| land Security** | ## 31 | 4,189  |  36,254  | # 36,439 | # 34,852 |
|                 | ,905  |        |          |          |          |
+-----------------+-------+--------+----------+----------+----------+
| #               | #     | ### 2  | ###      | ### NA   | ##       |
| ## **Interior** | ##  2 | 5,650  |  27,598  |          | # 26,555 |
|                 | 6,405 |        |          |          |          |
+-----------------+-------+--------+----------+----------+----------+
| ##              | ##    | ### 14 | ###      | ###      | ###      |
| # **Labor-HHS** | #  14 | 0,918  | 151,748  |  149,857 |  144,841 |
|                 | 4,767 |        |          |          |          |
+-----------------+-------+--------+----------+----------+----------+
| ###             | ###   | ###    | ##       | ### NA   | #        |
| **Leg. Branch** | 2,981 | 3,374  | # 3,104  |          | ## 3,970 |
+-----------------+-------+--------+----------+----------+----------+
| ### **Mili      | #     | ### 6  | ###      | ##       | ##       |
| tary-Veterans** | ##  4 | 0,745  |  64,745  | # 64,745 | # 60,213 |
|                 | 9,752 |        |          |          |          |
+-----------------+-------+--------+----------+----------+----------+
| ### **Stat      | #     | ### 3  | ###      | ##       | ###      |
| e-Foreign Ops** | ##  3 | 4,943  |  34,243  | # 32,242 | 32,800\* |
|                 | 1,277 |        |          |          |          |
+-----------------+-------+--------+----------+----------+----------+
| ### **Trans     | #     | ### 4  | ###      | ##       | ###      |
| portation-HUD** | ## 47 | 7,963  |  50,738  | # 51,056 | 48,900\* |
|                 | ,538  |        |          |          |          |
+-----------------+-------+--------+----------+----------+----------+

### *\*Figures are rounded due to the lack of a CBO score*

**[Emergency Spending:]{.underline}**

H.R. 2764 includes **\$11.14 billion** in emergency-designated spending.
Much of this spending does not meet the budget's criteria for such
spending (sudden, unforeseen, temporary, urgent, etc.), causing many
conservatives to conclude that the Appropriations Committee is utilizing
a major gimmick to avoid budget restraints.

-   \$602.0 million for drought relief

-   \$20.0 million for Farm Service Agency salaries and expenses

-   \$8.0 million for DOJ Administrative Review and Appeals

-   \$10.0 million for DOJ Legal Activities, salaries and expenses

-   \$7.0 million for U.S. Attorneys, salaries and expenses

-   \$15.0 million for U.S. Marshals Service, salaries and expenses

-   \$143.5 million for FBI, salaries and expenses

-   \$2.0 million for Drug Enforcement Administration, salaries and
    expenses

-   \$14.5 million for Court of Appeals, salaries and expenses

-   \$10.5 million for Defender Services

-   \$225.0 million for GSA Federal Building Fund (related to border
    fence)

-   \$2.710 billion for ~~in~~ border security funds/homeland security
    accounts

-   \$300.0 million for wildfire suppression

-   \$195.0 million for MN bridge repair

-   \$100.0 million for presidential security at political conventions

-   \$400.0 million for the special supplemental nutrition program for
    women, infants, and children

-   \$2.385 billion for foreign aid programs

-   \$56.5 million for the World Trade Center

-   \$250 million for LIHEAP

-   \$3.691 billion for ~~in~~ "contingent emergencies" (meaning the
    President does not have to spend the money if he deems it
    unnecessary) for veterans funding

[**Budget Gimmicks:**]{.underline}

In addition to the emergency spending, the omnibus contains at least
**\$10.2 billion** in gimmicks that are being used to artificially lower
the cost of the bill, including:

-   Limits the amount of **payments from the Crime Victims Fund (CVF)**
    at \$590 million for FY 2008, providing a savings of \$1.3 billion
    in budget authority for FY 2008. The CVF provides a dedicated
    funding stream for various victims assistance programs paid from
    criminal fines, forfeited bail bonds, and special assessments
    deposited in the Fund. Current law requires that "sums deposited in
    the Fund *shall remain* in the Fund and be available for expenditure
    ...without fiscal year limitation...\[and\] all sums deposited in
    the Fund in any fiscal year that are not made available by Congress
    in the subsequent fiscal years *shall remain* in the Fund for
    obligation in future fiscal years" (emphasis added). By limiting the
    amount of payments from the CVF---as opposed to making an actual
    rescission---the money will roll-over and be available in future
    fiscal years to be spent (or used again as an offset over and over)
    and the savings from the "offset" never realized.

-   Relies on at least \$5.0 billion in **rescissions to various federal
    transportation and housing programs** that produce no outlay
    savings. In particular, the bill rescinds roughly \$3.0 billion in
    contract authority (CA). However, these CA rescissions are not
    accompanied by any reduction in the obligation limitations---annual
    controls placed in appropriations bills primarily on the amount of
    transportation funds that may be spent or obligated by the Treasury.
    Therefore, CBO does not score these rescissions as producing any
    real *outlay* savings because the money was not going to be spent
    (i.e. result in outlays to the Treasury)---and thus the taxpayer is
    not made whole for the new spending elsewhere in the bill that the
    rescissions "pay" for. In addition, a similar rescission is included
    to achieve \$1.3 billion in artificial savings from the Housing
    Certificate Fund.

-   Relies similarly on over **\$200 million in agriculture
    rescissions** that produce no outlays savings, meaning the money was
    never going to spent and the offsets exist only on paper in order to
    artificially deflate the cost of the legislation.

-   Increases **advance appropriations** by \$2.4 billion compared to
    the President's request. Advance appropriations is a maneuver used
    to commit federal resources in the future while avoiding the budget
    restraints of the fiscal year being appropriated.

-   Increases funding for the 2005 **Base Realignment and Closure
    (BRAC)** account from \$2.49 billion to \$7.24 billion---an increase
    of \$4.75 billion over FY 2007. However, this amount is \$938.7
    billion below the President's request, indicating that defense
    spending is being shifted to fund increases in domestic spending and
    causing a shortfall that will likely require ~~attract~~ emergency
    spending in the future.

**[Items of Note]{.underline}:**

***[Agriculture:]{.underline}***

-   Increases funding for salaries and expenses at the **Food and Drug
    Administration** from \$1.57 billion to \$1.72 billion---an increase
    of \$142.6 million or 9.1% over FY 2007 and \$76.1 million or 4.6%
    over the request.

-   Increases funding for **conservation programs** from \$852.6 million
    to \$937.5 million---an increase of \$84.9 million or 10.0% over FY
    2007 and \$111.9 million or 13.6% over the request. These programs
    fall under the National Resources Conservation Service fund
    watershed planning, flood prevention, and rehabilitation.

-   Provides \$2.33 billion for **rural development programs**, \$284.8
    million or 13.9% more than the request and \$166.0 million or 6.6%
    less than FY 2007.

-   Increases funding for the **Farm Service Agency** from \$1.04
    billion to \$1.13 billion---an increase of \$96.0 million or 9.2%
    and \$98.5 million or 8.0% less than requested.

-   Increases funding for the **Special Supplemental Nutrition Program
    for Women, Infants, and Children (WIC)** from \$5.2 billion to
    \$6.02 billion---an increase of \$815.6 million or 15.7% over FY
    2007 and \$633.4 million or 11.8% over the request. Within the
    funding provided, \$400.0 million is designated as *emergency
    spending*, and thus does not count against the Agriculture
    subcommittee's allocation.

-   Continues a provision prohibiting USDA from inspecting **horses
    slaughtered** for human consumption.

-   Extends programs under the Farm Security and Rural Investment Act of
    2002 (the farm bill) through March 15, 2008.

-   Provides \$20.0 million of *emergency-designated* funding for Farm
    Service Agency, Salaries and Expenses. Since this spending is
    designated as emergency spending, it does not count against the
    Agriculture subcommittee's allocation.

-   Provides \$602.0 million of *emergency-designated* funding for crop
    disaster assistance and livestock assistance. Since this spending is
    designated as emergency spending, it does not count against the
    Agriculture subcommittee's allocation.

    ***[Commerce-Justice-Science:]{.underline}***

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-   Increases **funding for the Department of Commerce** from \$6.62
    billion to \$6.85 billion---an increase of \$232.2 million or 3.4%
    over FY 2007 and \$260.7 million or 3.9% over the request.

-   Provides \$350 million for the **Legal Services Corporation
    (LSC)**---\$1 million or 0.3% over FY 2007. The LSC was established
    to provide free legal assistance to the poor in civil, non-criminal
    matters. However, instead of focusing on this core mission, the LSC
    has assisted lawyers and groups engaged in lobbying, advocacy of
    political causes, and litigation against the federal
    government---often seeking more government benefits.

-   Provides \$279 million for the **Economic Development Administration
    (EDA)**---\$1.5 million or 0.4% less than FY 2007 but \$77.1 million
    or 38% above the request.

-   Provides \$2.85 billion for the **National Oceanic and Atmospheric
    Administration (NOAA)**---\$52.2 million less than FY 2007 but
    \$92.4 million or 3.3 % over the request.

-   Increases funding for the **National Institute of Standards and
    Technology** to \$755.8 million---an increase of \$79 million or
    11.6 % over FY 2007 and \$115.1 million or 17.9% over the request.

-   Decreases funding for **Office of Justice Programs** from \$2.52
    billion to \$2.28 billion---a decrease of \$246.5 million or 10.5%
    over FY 2007 and \$1.17 billion or 106.7% over the request.

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-   Does *not* prohibit funds in the bill from being used to enforce the
    judgment of the U.S. District Court for the Western District of
    Texas in the case of United States v. Ignacio Ramos, Et Al. decided
    March 8, 2006; or the sentences imposed (Poe amendment).

-   Prohibits the use of funds to be used to send or otherwise pay for
    the attendance of more than 50 employees from a Federal department
    or agency at any single **conference occurring outside the United
    States** (Garrett amendment).

-   Does *not* prohibit funds appropriated in this bill from being used
    to enforce criminal penalties against organizations that make
    electioneering communications under **McCain-Feingold** (Pence
    amendment).

-   Does *not* contain Senate language pertaining to **EEOC English
    lawsuits.** Section 527 of the Senate bill included language which
    stated: "None of the funds made available in this Act shall be used
    to initiate or participate in a civil action by or on the behalf of
    the Equal Employment Opportunity Commission against an entity on the
    grounds that the entity requires an employee to speak English while
    engaged in work." The House approved a Motion to Instruct Conferees
    that asked the House conferees to adopt Section 527 of the Senate
    bill. Even with both bodies on record in favor of this provision, it
    is not included in the final legislation.

    ***[Energy and Water:]{.underline}***

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-   Increases **funding for the Army Corps of Engineers** from \$5.33
    billion (adjusting for emergencies) to \$5.59 billion---an increase
    of \$253.5 million or 4.7% over FY 2007 and \$720.8 million or 14.7%
    over the request.

-   Increases funding for **Department of Interior** programs from
    \$1.07 billion to \$1.15 billion---an increase of \$73.8 million or
    6.7% over FY 2007 and \$150 million or 14.9% over the request.

-   Increases funding for **energy efficiency and renewable energy
    programs** from \$1.47 billion to \$1.72 billion---an increase of
    \$248.1 million or 16.8 % and \$486.2 million or 39.3 % over the
    request.

-   Increases funding for the **Bureau of Reclamation** from \$1.04
    billion to \$1.1 billion---an increase of \$64.9 million or 6.2%
    over FY 2007 and \$150 million or 15.6% over the request. The bureau
    provides funding for local water reclamation projects that generally
    occur in western states.

-   Increases funding for the **California Bay-Delta restoration
    project** from \$36.6 million to \$40 million---an increase of \$3.4
    million or 9.2% over FY 2007 and \$8.2 million or 25.9% over the
    request. The funding pays for programs that study, monitor, and
    implement actions to improve water quality, water supply, ecosystem
    health, and levee stability in California's Central Valley.

-   Provides funding for the Appalachian Regional Commission (increased
    from \$64.8 million to \$73 million), the Delta Regional Authority
    (decreased from \$11.8 million to \$11.6 million), and Denali
    Commission (decreased from \$49.5 million to \$21.8 million). Under
    current law, the federal government provides annual funding to these
    **regional development agencies** to promote economic growth and
    development to communities in eligible counties and parishes, but
    the activities of these programs are duplicated by a number of
    federal agencies. In addition, the Denali Commission funds projects
    solely in Alaska.

-   Increases funding for **nuclear weapons activities** at the National
    Nuclear Security Administration from \$6.27 billion to \$6.29
    billion---an increase of \$21.9 million or 0.3% from FY 2007 but a
    decrease of \$213.8 million or 3.3% from the request. This reduction
    is largely targeted at the Reliable Replacement Warhead Program,
    proposed to modernize our nation's nuclear weapons system.

-   Includes \$21.8 million for the Denali Commission. Representative
    Musgrave offered an amendment zeroing out this program in the
    House-passed version of the Energy and Water bill. It passed by
    voice vote. That amendment is not included in this legislation.

    ***[Financial Services and General Government:]{.underline}***

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-   Increases funding for **the Internal Revenue Service** from \$10.60
    billion to \$10.89 billion---an increase of \$295.3 million or 2.8%
    over FY 2007 and \$203.1 million or 1.8% below the request.

-   Increases funding for the Election Assistance Commission, namely for
    un-requested **election reform programs**, from \$16.3 million to
    \$141.5 million---an increase of \$125.3 million or 770.2% and
    \$126.1 million over the request.

-   Provides \$600.0 million in new funding for the **Christopher
    Columbus Fellowship Foundation**.

-   Does *not* include Senate provisions regarding **agriculture and
    medical sales to Cuba**.

-   Provides **\$225 million in emergency** funding for the GSA's
    Federal Building Fund as part of constructing the homeland security
    border fence.

-   Includes language prohibiting **GSA from reorganizing its
    organizational structure** without approval from the Appropriations
    Committees. It is unclear whether this language is targeted at
    reforms implemented by GSA Administrator Lurita Doan.

-   Provides \$28.6 million for National Archives restoration and
    repairs, including funding for new construction and renovations at
    the **JFK, FDR, LBJ, and Nixon Presidential Libraries**---an
    increase of \$19.5 million or 213.6% over FY 2007.

-   Prohibits the Federal Reserve and the Department of Treasury from
    considering a **real estate activity as financial in nature** thus
    barring banks from potentially entering the real estate business.

-   Weakens an existing provision in current law that prohibits all
    funds (D.C. or federal) from being used for any **needle exchange
    program** in the District.  This provisions would allow the District
    of Columbia (which very likely would, based on statements from past
    and present D.C. elected officials) to use local taxpayer funds to
    provide hypodermic needles and syringes to drug addicts to engage in
    illicit drug use. 

-   Does *not* prevent more than \$1 million from being used for the
    IRS' **private debt collection program**.

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-   Does *not* prevent funds in the bill from being used to enforce
    Section 404 of the **Sarbanes-Oxley Act** (Garrett amendment).
    Compliance with SOX section 404 requires publicly traded companies
    to make annual and/or quarterly reports on their internal control
    over financial reporting.  Producing these internal reports is very
    costly, and especially burdensome to small and medium-sized
    business. 

-   Prohibits funds in the bill from being used to implement or enforce
    the D.C. enacted Health Care Benefits Expansion Act of 1992, which
    created a **domestic partner registry** for unmarried couples and
    granted many of the same benefits to these domestic partners as
    legally married spouses. 

-   Prohibits funds in the bill from being used to reinstate the
    "**Fairness Doctrine"** (Pence amendment). The repeal of the
    Fairness Doctrine is widely seen as giving rise to the proliferation
    of conservative talk radio. 

    ***[Homeland Security:]{.underline}***

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-   Provides funding for **aviation screening, including additional
    unionized TSA employees,** at \$3.77 billion---the same level as FY
    2007 and \$284.0 million or 7.0% less than the request. Importantly,
    the bill does [not]{.underline} maintain the **cap on TSA
    screeners**, which is currently set at 45,000.

-   Increases funding for the **Coast Guard** from \$7.23 billion to
    \$7.34 billion---an increase of \$104.0 million or 1.4% from FY 2007
    and \$64.7 million or 0.9% less than the request.

-   Increases funding for FEMA's **State and Local Programs** from
    \$2.77 billion to \$3.18 billion---an increase of \$410.0 million or
    14.8% over FY 2007 and \$1.48 billion or 87.4% more than the
    request. These programs include the State and Homeland Security
    Grant Program, Law Enforcement Terrorism Prevention Grants, Port
    Security Grants, Rail and Transit Security Grants, etc. Within the
    funding provided, \$110 million is designated as *emergency
    spending*, and thus does not count against the Homeland Security
    subcommittee's allocation.

-   Increases funding for FEMA's **Firefighter Assistance Grants** from
    \$662.0 million to \$750.0 million---an increase of \$88.0 million
    or 13.3% over FY 2007 and \$450.0 million or 150.0% over the
    request.

-   Increases funding for FEMA's **Emergency Management Performance
    Grants** from \$250.0 million to \$300.0 million---an increase of
    \$50.0 million or 20.0% from FY 2007 and \$100.0 million or 50.0%
    over the request.

-   Provides \$1.23 billion---\$37.4 million or 3.1% above FY 2007 and
    \$225.0 million or 22.5% more than the request---for **border
    security fencing, infrastructure, and technology**. Within the
    funding provided, \$1.05 billion is designated as *emergency
    spending*, and thus does not count against the Homeland Security
    subcommittee's allocation. The bill releases \$650 million of this
    funding *only after* the Appropriations Committee is satisfied with
    the Department of Homeland Security's expenditure plan and that 15
    conditions listed in the bill are met.

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-   **Outsourcing/A-76 Activities**: Prohibits funds from being used
    under OMB Circular A-76 (governing the federal government's
    outsourcing policies) "to process or approve a competition" with
    regard to employees of the Citizenship and Immigration Services. In
    other words, this provision would prohibit employees of the
    Citizenship and Immigration Services from having to compete with
    private-sector entities for certain functions of the bureau.

-   Provides a **total of \$2.71 billion** in *emergency-designated
    spending* for the Homeland Security portion of the omnibus. In
    addition to the \$110 million for FEMA's State and Local Programs
    noted above, \$2.36 billion is provided for immigration enforcement
    and border security programs (the Senate-passed bill provided \$3
    billion in emergency spending for border security), \$21.0 million
    is provided for Federal Law Enforcement Training Center, \$166.1
    million is provided for the Coast Guard, \$94 million is provided
    for Air and Marine Interdiction, and \$14 million is provided for
    Air and Marine Compensation and Benefits. None of this spending
    counts against the Homeland Security subcommittee's allocation.

    ***[Interior:]{.underline}***

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-   Increases funding for the **National Park Service** from \$2.30
    billion to \$2.39 billion---an increase of \$90.3 million or 3.9 %
    over FY 2007 and \$26.5 million or 1.1 % over the request.

-   Provides \$7.46 billion for the **Environmental Protection
    Agency**---a decrease of \$263.6 million or 3.5 % from FY 2007 but
    an increase of \$261 million or 3.6% over the request.

-   Provides \$2.29 billion for the **Bureau of Indian Affairs**---\$17
    million or 0.7% less than FY 2007 but \$62.3 million or 2.7% over
    the request.

-   Provides \$3.34 billion for Health and Human Services' **Indian
    Health Services**---an increase of \$166 million or 5.2% from FY
    2007 and \$75.4 million or 2.3% over the request.

-   Provides \$144.7 million for the **National Endowment for the
    Arts**---\$20.1 million or 16.1% above FY 2007 and \$16.2 million or
    12.6 % above the request.

-   Provides \$144.7 million for the **National Endowment for the
    Humanities---**\$3.6 million or 2.5 % above FY 2007 and \$3.4
    million or 2.3 % above the request.

-   Removes \$50 million for a **new Commission on Climate Change**
    Adaptation and Mitigation. Lists a finding stating that "mandatory
    steps will be required to slow or stop the growth of greenhouse gas
    emissions into the atmosphere." Also, expresses the sense of the
    House that "there should be enacted a comprehensive and effective
    national program of mandatory, market-based limits and incentives on
    emissions of greenhouse gases that slow, stop, and reverse the
    growth of such emissions at a rate and in a manner that: (1) will
    not significantly harm the United States economy; and (2) will
    encourage comparable action by other nations that are major trading
    partners and key contributors to global emissions."

-   Retains language prohibiting the federal government from issuing new
    offshore leases to **drill in the Outer Continental Shelf** (OCS) to
    companies who hold leases currently yet have not renegotiated with
    the government to pay royalties. Although the contracts omitted a
    price threshold, the Administration does not support their
    abrogation. The Administration wrote about this provision in its
    Statement of Administration Policy for the House-passed Interior
    appropriations bill:

> This provision is likely to significantly delay future lease sales in
> the event that the provision is litigated....The United States
> government unilaterally forcing renegotiation of contract terms nearly
> a decade after agreement was reached establishes a bad precedent for
> future U.S. government contract negotiations, and it does not meet the
> standards the United States expects from foreign governments in their
> business dealings with American firms.

-   Does *not* include language concerning the Roan Plateau Gas Leasing
    Moratorium.

    ***[Labor-HHS:]{.underline}***

-   Increases funding for **training and employment services** at the
    Department of Labor from \$3.56 billion to \$3.58 billion---an
    increase of \$20.0 million or 0.6% over FY 2007 and \$604.2 million
    or 20.3% over the request. Much of this increase over the request
    stems from an increase in dislocated worker assistance.

-   Increases funding for **health resources and services programs** at
    the Department of HHS from \$6.39 billion to \$6.86 billion---an
    increase of \$465.5 million or 7.2% over FY 2007 and \$1.06 billion
    or 18.2% increase over the request. These increases flow largely to
    community health centers, health profession diversity programs, the
    Ryan White AIDS program, and rural health care programs.

-   Provides \$\$300.0 million for **Title X family planning** million
    for **Title X family planning**--- a \$16.8 million or 5.9% increase
    over FY increase over FY 20072007.

-   Provides \$1Provides \$108.9 million for the **Community Based
    Abstinence Education** program or the Community Based **Abstinence
    Education** program---the same level as FY 2007.

-   Increases funding for the **CDC** to \$6.00 billion---an increase of
    \$49.4 million or 0.8% over FY 2007 and \$333.3 million or 5.8% over
    the request.

-   Increases **NIH funding** from \$28.90 billion to \$29.23
    billion---an increase of \$328.7 million or 1.1% and \$607.3 billion
    or 2.1% over the request.

-   Increases funding for the **Low Income Home Energy Assistance
    Program (LIHEAP)** from \$2.16 billion to \$2.57 billion---an
    increase of \$409.2 million or 18.9% and \$788.0 million or 44.2%
    over the request. Of this funding, \$250 million is provided as an
    "emergency."

-   Provides \$2.16 billion for **adoption assistance** and \$4.58
    billion for **foster care assistance**---\$129.0 million and \$106.0
    million more than FY2007 respectively. It is interesting that while
    the Democrats increased numerous accounts over the request these two
    programs were left alone.

-   Increases **school improvement programs** from \$5.26 billion to
    \$5.31 billion---an increase of \$58.7 million or 1.1% over FY 2007
    and \$615.9 million or 13.1% over the request. The President
    proposed to eliminate many of these programs.

-   Increases **Pell Grants** from \$13.66 billion to \$14.22
    billion---an increase of \$554.3 billion or 4.1% over FY 2007 and
    \$801 million or 6.0% over the request.

-   Includes a \$1.5 million non-competitive grant to the **AFL-CIO**
    Working for America Institute and \$2.2 million for the AFL-CIO
    Appalachian Council, Inc., and \$2.2 million for the **United Mine
    Workers of America**.

-   Directs the Labor Department to issue regulations by June 20, 2008
    to limit the use of belt haulage entities for ventilation and to
    require rescue chambers in **underground coal mines**.

-   Includes \$1.25 million for a grant to the University Of Hawaii
    School Of Law for **Center of Excellence in Native Hawaiian law**.

-   Includes \$21.3 billion in **advance appropriations**, an increase
    of \$2 billion compared to FY 2007 and an increase of \$2.4 billion
    compared to the President's request. Advance appropriations is a
    maneuver employed as a way to commit federal resources in the future
    while avoiding the budget restraints of the fiscal year being
    appropriated.

-   Prohibits the SSA from administering Social Security benefit
    payments, under any **totalization agreement** between the United
    States and Mexico.

-   Prohibits funds in the bill from being used to employ illegal
    immigrants.

-   Establishes a **National Commission on Children and Disasters** to
    examine the needs of children as they relate to preparing and
    responding to major disasters and emergencies---with a two-year,
    \$3.0 million authorization.

-   Does *not* include a House prohibition on funds being used to employ
    more than 50 employees from a Federal department or agency at any
    single **conference occurring outside the United States**.

-   Does *not* include a House prohibition on funds for the CDC's to
    provide additional rotating pastel lights, zero-gravity chairs, or
    dry-heat saunas for its fitness center.

-   Cuts **Office of Labor-Management Standards** from \$47.8 million to
    \$44.9 million---a decrease of \$2.8 million from FY 2007 and \$12.0
    million from the request. It is noteworthy that, while most programs
    receive increases throughout this legislation, one of the few
    programs to actually be cut is the charged with auditing labor
    unions.

-   Provides \$56.5 million in **emergency spending for the World Trade
    Center**.

> **[Legislative Branch:]{.underline}**

-   Increases funding for the Appropriation Committee from \$25.9
    million to \$29.7 million---an increase of \$3.8 million or 14.7%
    over FY 2007.

-   Increases funding for the remaining Standing Committees from \$124.4
    million to \$132.7 million---an increase of \$8.3 million or 6.7%
    over FY 2007.

-   Increases Member's Representational Allowances (MRAs) from \$554.7
    million to \$579.5 million---\$24.8 million or 4.5% over FY 2007.

-   Increases overall Library of Congress funds from \$508.8 million to
    \$562.5 million---\$53.7 million or 10.6% over FY 2007.

-   Includes language completing the Capitol Police and Library of
    Congress Police merger. Similar legislation, H.R. 3690, was passed
    by voice vote in the House on December 5, 2007.

-   Prohibits the use of funds to eliminate staff-led tours of the
    Capitol.

    ***[Military Construction-Veterans Affairs:]{.underline}***

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-   Increases funding for the 2005 **Base Realignment and Closure
    (BRAC)** account from \$2.49 billion to \$7.24 billion---an increase
    of \$4.75 billion over FY 2007. However, this amount is \$938.7
    billion below the President's request, indicating that defense
    spending is being shifted to fund increases in domestic spending and
    causing a shortfall that will likely attract emergency spending in
    the future.

-   Increases **veterans health care funding** from \$32.68 billion to
    \$37.20 billion (including contingent emergencies)---an increase of
    \$3.18 billion or 9.3% over FY 2007.

-   Increases **total spending at the Department of Veterans
    Administration** from \$4.09 billion to \$5.75 billion (including
    contingent emergencies)---an increase of \$1.67 billion or 40.7%
    over FY 2007.

    ***[State and Foreign Operations:]{.underline}***

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-   Increases **USAID funding** from \$4.75 billion to \$9.37
    billion---an increase of \$4.62 billion or 97.4% over FY 2007 and
    \$5.62 billion or 149.5% more than the request. Some conservatives
    may be concerned with this enormous increase in foreign aid.

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-   Reduces the **Millennium Challenge Corporation** from \$1.75 billion
    to \$1.54 billion---a decrease of \$207.9 million and \$1.46 billion
    less than the request.

-   Increases funding for the **Global HIV/AIDS Initiative** from \$1.88
    billion to \$6.49 billion---an increase of \$4.61 billion or 245.4%
    more than FY 2007 and \$4.93 billion more than the request.

-   Reduces funding for the **Andean Counterdrug Initiative** from
    \$721.5 million to \$324.8 million---a decrease of \$396.7.0 million
    from FY 2007 and \$118.0 million less than the request.

-   Provides \$2.38 billion in **military assistance to Israel** and
    \$1.29 billion in **military assistance to Egypt**---the same amount
    as requested.

-   Includes **\$2.39 billion "emergency" foreign aid spending** to
    avoid budget restraints, including \$781.6 million for diplomatic
    and consular programs, \$468.0 million for international
    peacekeeping, \$12.0 million for international broadcasting, \$245.8
    million for USAID, \$542.6 million for the economic support fund,
    \$200.0 million for refugee assistance, \$100.0 million for foreign
    military financing, etc.

-   Contains language that waives the **President\'s Emergency Plan for
    AIDS Relief (PEPFAR)** funding requirements for abstinence and
    fidelity programs, programs which were necessary for PEPFAR funding
    in the past.

    ***[Transportation, Housing, and Urban Development:]{.underline}***

-   Increases **funding for the Department of Housing and Urban
    Development** from \$36.21 billion to \$37.63 billion---an increase
    of \$1.42 billion or 3.9% over FY 2007 and \$2.04 billion or 5.7%
    more than the request.

-   Increases funding for **Community Development Block Grants** from
    \$3.77 billion to \$3.86 billion---an increase of \$90.1 million or
    2.3% over FY 2007 and \$829.2 million or 27% over the request.

-   Increases funding for **Public and Indian Housing** from \$28.93
    billion to \$30.15 billion---an increase of \$1.22 billion or 4.2
    over FY 2007 and \$1.78 billion or 6.2% over the request.

-   Increases total **Amtrak** funding from \$1.29 billion to \$1.32
    billion---an increase of \$31.4 million or 2.3% over FY 2007 and
    \$425 million or 47.2% over the request.

-   Prevents the public from receiving **access to budget
    justifications** until May 31^st^ (approximately four months after
    the President's budget is submitted to Congress). Instead, this
    provision in the bill limits access to this information to the
    Appropriations Committee alone. RSC Chairman Jeb Hensarling sent a
    [letter](http://www.house.gov/hensarling/rsc/doc/bolton_letter_2-06.pdf)
    last year to then-OMB Director Bolten noting the importance of
    making this information available.

-   Provides \$14 million in funding for the **Delta Regional
    Authority** that was not requested. Under current law, the federal
    government may provide annual funding to **regional development
    agencies** to promote economic growth and development to communities
    in eligible counties and parishes, but the activities of these
    programs are duplicated by a number of federal agencies.

-   Provides \$195 million in emergency funding for the repair and
    reconstruction of the **I-35W Bridge** in Minneapolis, Minnesota.

**[Pro-Life Issues:]{.underline}**

***[Pro-Life Riders Protected:]{.underline}***

**Note:** [All]{.underline} of the pro-life provisions or "riders"
traditionally included in the annual appropriations bills are retained.

-   **Commerce, Justice, Science**: Bans on abortion funding for federal
    prisoners and conscience protection for prison employees; ban on
    Legal Services Corporation funds going to organizations that engage
    in abortion-related litigation; retains prohibition on funds being
    used to issue patents on claims directed to or encompassing a human
    organism.

-   **Financial Services**: Ban on funding of abortions through the
    Federal Employee Health Benefits program, except in the instances of
    rape, incest, and life of the mother; conscience protections for
    health care personnel and providers; ban on using appropriated funds
    (either federal of District of Columbia) for abortion in the
    District of Columbia.

-   **State, Foreign Operations:** Retains language protecting the
    President's **Mexico City Policy** (MCP), which ensures that federal
    U.S. dollars do not go to non-governmental organizations that
    provide or promote abortion services, and the bill appropriates
    \$395 million in funding for international family planning;
    increases funding for United Nations Population Fund to \$40 million
    (additional language states that if Kemp-Kasten is invoked by the
    President, funding will be transferred to the Child Survival and
    Health Programs Fund for family planning, maternal, and reproductive
    health activities) and includes language to prohibit direct U.S.
    UNFPA funding in China if Kemp-Kasten is not invoked; retains
    Kemp-Kasten language that allows the President to discontinue
    funding to organizations that support or participate in the
    management of a coercive abortion program; retains Tiahrt language
    to ensure that populations control funds are only used in programs
    which are certified to be voluntary in every aspect; retains
    language preventing Peace Corps money from being used to pay for
    abortion; retains language preventing foreign aid from being spent
    for abortion.

-   **Labor, HHS, and Education**: Retains the Dickey-Wicker amendment
    banning federal funding of harmful human embryo research; retains
    Hyde Amendment banning federal funding for abortions, except in the
    cases of rape, incest or life of a mother; retains Hyde-Weldon
    amendment to prevent local entities from discriminating against
    health care entities because they refuse to provide, pay for, or
    refer for abortion; retains Medicare Advantage conscience protection
    for health care entities to ensure that they will not be
    discriminated against in the state and federal programs if they
    refuse to provide abortions; retains provision requiring Title X
    grantees to comply with state reporting laws on child abuse, child
    molestation, sexual abuse, rape, or incest.

***[Pro-Life Concerns:]{.underline}***

-   Increases domestic family planning under Title X to total \$300
    million---an increase of \$16.9 million over the President's request
    and \$16.8 million, or 5.9% increase over FY 2007 funding levels.
    Some may be concerned that Title X funding should not continue to
    subsidize abortion clinics and therefore, funding for Title X should
    not be increased while that subsidy continues. The Title X program
    is not the only federal source for family planning funding, and
    according to CRS, 23 percent of Title X funds go to Planned
    Parenthood, the largest abortion provider in the United States.
    Unlike prior versions of the FY08 Labor, Health and Human Services
    Appropriations Act, this increase is not paired with an equal
    increase in abstinence education funding.

***[Items of Note:]{.underline}***

-   Maintains FY 2007 funding level for abstinence education at \$108.9
    million, \$37.7 million below the President's FY 2008 requested
    amount.

-   Contains \$8.8 million for cord blood banking, \$6.2 million less
    than the House bill requested.

**[War Funding:]{.underline}**

-   Provides \$31.03 billion of emergency-designated funding for
    operations in Afghanistan as follows:

**Funding for Operations in Afghanistan**

In millions

  ------------------------------------------- --------------- -------------
  **Department of Defense**                   **Request**     **House**

  Military Personnel                          5,434           331

  Operations & Maintenance                    80,972          21,442

  *Army*                                      54,933          17,798

  *Navy*                                      6,253           350

  *Marine Corps*                              4,675           2,011

  *Air Force*                                 10,810          800

  *Defense-wide*                              6,402           483

  *Afghanistan Security Fund*                 NA              2,530

  *Joint Improvised Explosive Device Defeat   4,269           4,269
  Fund*                                                       

  Procurement                                 45,503          2,345

  Defense Health Program                      1,137           115

  **Total**                                   **189,300\***   **31,031**
  ------------------------------------------- --------------- -------------

\***Note:** The \$189.3 billion figure represents the President's
*total* request for emergency war funding for the Department of Defense.

-   **Torture Prohibition**: Prohibits funds from being used to negate a
    series of laws and regulations promulgated to implement the United
    Nations Convention Against Torture and Other Cruel, Inhuman or
    Degrading Treatment or Punishment.

-   **Regional Stability Plan**: Requires the President to submit to
    Congress by February 15, 2008 "a comprehensive regional stability
    plan for the Middle East" including "a detailed description of the
    projected United States military force presence in and around the
    Middle East region for the 5-year period beginning on October 1,
    2008."

-   **Iraq Funding**: Prohibits any of the funding provided by this
    legislation from being used for Operation Iraqi Freedom.

**[Earmarks:]{.underline}**

According to Senator Coburn's office, a preliminary count of the
congressional earmarks contained within the omnibus bill is 9,241.

Specific examples will follow in a separate RSC document.

**Staff Contacts:** Russ Vought (x68581), Brad Watson (x69719), Sarah
Makin (x60718), and Andy Koenig (x61760)