PUBLIC LAW 110–161—DEC. 26, 2007 

CONSOLIDATED APPROPRIATIONS ACT, 2008 


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121 STAT. 1844 PUBLIC LAW 110–161—DEC. 26, 2007 

Public Law 110–161 

110th Congress 

An Act 

Making appropriations for the Department of State, foreign operations, and related 

programs for the fiscal year ending September 30, 2008, and for other purposes. 

Be it enacted by the Senate and House of Representatives of 

the United States of America in Congress assembled, 

SECTION 1. SHORT TITLE. 

This Act may be cited as the ‘‘Consolidated Appropriations 

Act, 2008’’. 

SEC. 2. TABLE OF CONTENTS. 

The table of contents of this Act is as follows: 

Sec. 1. Short title. 

Sec. 2. Table of contents. 

Sec. 3. References. 

Sec. 4. Explanatory statement. 

Sec. 5. Emergency designations. 

Sec. 6. Statement of appropriations. 

DIVISION A—AGRICULTURE, RURAL DEVELOPMENT, FOOD AND DRUG 

ADMINISTRATION, AND RELATED AGENCIES APPROPRIATIONS ACT, 2008 

Title I—Agricultural Programs 

Title II—Conservation Programs 

Title III—Rural Development Programs 

Title IV—Domestic Food Programs 

Title V—Foreign Assistance and Related Programs 

Title VI—Related Agencies and Food and Drug Administration 

Title VII—General Provisions 

DIVISION B—COMMERCE, JUSTICE, SCIENCE, AND RELATED AGENCIES 

APPROPRIATIONS ACT, 2008 

Title I—Department of Commerce 

Title II—Department of Justice 

Title III—Science 

Title IV—Related Agencies 

Title V—General Provisions 

Title VI—Rescissions 

DIVISION C—ENERGY AND WATER DEVELOPMENT AND RELATED 

AGENCIES APPROPRIATIONS ACT, 2008 

Title I—Department of Defense—Civil: Department of the Army 

Title II—Department of the Interior 

Title III—Department of Energy 

Title IV—Independent Agencies 

Title V—General Provisions 

DIVISION D—FINANCIAL SERVICES AND GENERAL GOVERNMENT 

APPROPRIATIONS ACT, 2008 

Title I—Department of the Treasury 

Title II—Executive Office of the President and Funds Appropriated to the President 

Title III—The Judiciary 

Consolidated 

Appropriations 

Act, 2007. 

Dec. 26, 2007 

[H.R. 2764] 


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PUBLIC LAW 110–161—DEC. 26, 2007 121 STAT. 1845 

Title IV—District of Columbia 

Title V—Independent Agencies 

Title VI—General Provisions—This Act 

Title VII—General Provisions—Government-wide 

Title VIII—General Provisions—District of Columbia 

DIVISION E—DEPARTMENT OF HOMELAND SECURITY APPROPRIATIONS 

ACT, 2008 

Title I—Department of Homeland Security 

Title II—Security, Enforcement, and Investigations 

Title III—Protection, Preparedness, Response, and Recovery 

Title IV—Research and Development, Training, and Services 

Title V—General Provisions 

Title VI—Border Infrastructure and Technology Modernization 

DIVISION F—DEPARTMENT OF THE INTERIOR, ENVIRONMENT, AND 

RELATED AGENCIES APPROPRIATIONS ACT, 2008 

Title I—Department of the Interior 

Title II—Environmental Protection Agency 

Title III—Related Agencies 

Title IV—General Provisions 

Title V—Wildfire Suppression Emergency Appropriations 

DIVISION G—DEPARTMENTS OF LABOR, HEALTH AND HUMAN SERVICES, 

AND EDUCATION, AND RELATED AGENCIES APPROPRIATIONS ACT, 2008 

Title I—Department of Labor 

Title II—Department of Health and Human Services 

Title III—Department of Education 

Title IV—Related Agencies 

Title V—General Provisions 

Title VI—National Commission on Children and Disasters 

DIVISION H—LEGISLATIVE BRANCH APPROPRIATIONS ACT, 2008 

Title I—Legislative Branch Appropriations 

Title II—General Provisions 

DIVISION I—MILITARY CONSTRUCTION AND VETERANS AFFAIRS AND 

RELATED AGENCIES APPROPRIATIONS ACT, 2008 

Title I—Department of Defense 

Title II—Department of Veterans Affairs 

Title III—Related Agencies 

Title IV—General Provisions 

DIVISION J—DEPARTMENT OF STATE, FOREIGN OPERATIONS, AND 

RELATED PROGRAMS APPROPRIATIONS ACT, 2008 

Title I—Department of State and Related Agencies 

Title II—Export and Investment Assistance 

Title III—Bilateral Economic Assistance 

Title IV—Military Assistance 

Title V—Multilateral Economic Assistance 

Title VI—General Provisions 

DIVISION K—TRANSPORTATION, HOUSING AND URBAN DEVELOPMENT, 

AND RELATED AGENCIES APPROPRIATIONS ACT, 2008 

Title I—Department of Transportation 

Title II—Department of Housing and Urban Development 

Title III—Related Agencies 

Title IV—General Provisions This Act 

DIVISION L—EMERGENCY SUPPLEMENTAL APPROPRIATIONS FOR 

OPERATION ENDURING FREEDOM AND FOR OTHER PURPOSES 

SEC. 3. REFERENCES. 

Except as expressly provided otherwise, any reference to ‘‘this 

Act’’ contained in any division of this Act shall be treated as 

referring only to the provisions of that division. 

1 USC 1 note. 


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121 STAT. 1846 PUBLIC LAW 110–161—DEC. 26, 2007 

SEC. 4. EXPLANATORY STATEMENT. 

The explanatory statement regarding the consolidated appropriations amendment of the House of Representatives to the amendment of the Senate to H.R. 2764, printed in the House section 

of the Congressional Record on or about December 17, 2007 by 

the Chairman of the Committee on Appropriations of the House, 

shall have the same effect with respect to the allocation of funds 

and implementation of divisions A through K of this Act as if 

it were a joint explanatory statement of a committee of conference. 

SEC. 5. EMERGENCY DESIGNATIONS. 

Any designation in any division of this Act referring to this 

section is a designation of an amount as an emergency requirement 

and necessary to meet emergency needs pursuant to subsections 

(a) and (b) of section 204 of S. Con. Res. 21 (110th Congress), 

the concurrent resolution on the budget for fiscal year 2008. 

SEC. 6. STATEMENT OF APPROPRIATIONS. 

The following sums in this Act are appropriated, out of any 

money in the Treasury not otherwise appropriated, for the fiscal 

year ending September 30, 2008. 

DIVISION A—AGRICULTURE, RURAL DEVELOPMENT, FOOD 

AND DRUG ADMINISTRATION, AND RELATED AGENCIES 

APPROPRIATIONS ACT, 2008 

TITLE I 

AGRICULTURAL PROGRAMS 

PRODUCTION, PROCESSING AND MARKETING

OFFICE OF THE SECRETARY

For necessary expenses of the Office of the Secretary of Agriculture, $5,097,000: Provided, That not to exceed $11,000 of this 

amount shall be available for official reception and representation 

expenses, not otherwise provided for, as determined by the Secretary. 

EXECUTIVE OPERATIONS

OFFICE OF THE CHIEF ECONOMIST

For necessary expenses of the Office of the Chief Economist, 

including economic analysis, risk assessment, cost-benefit analysis, 

energy and new uses, and the functions of the World Agricultural 

Outlook Board, as authorized by the Agricultural Marketing Act 

of 1946 (7 U.S.C. 1622g), $10,487,000. 

NATIONAL APPEALS DIVISION

For necessary expenses of the National Appeals Division, 

$14,466,000. 

OFFICE OF BUDGET AND PROGRAM ANALYSIS

For necessary expenses of the Office of Budget and Program 

Analysis, $8,270,000. 

Agriculture, 

Rural 

Development, 

Food and Drug 

Administration, 

and Related 

Agencies 

Appropriations 

Act, 2008. 


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PUBLIC LAW 110–161—DEC. 26, 2007 121 STAT. 1847 

HOMELAND SECURITY STAFF

For necessary expenses of the Homeland Security Staff, 

$931,000. 

OFFICE OF THE CHIEF INFORMATION OFFICER

For necessary expenses of the Office of the Chief Information 

Officer, $16,361,000. 

OFFICE OF THE CHIEF FINANCIAL OFFICER

For necessary expenses of the Office of the Chief Financial 

Officer, $5,850,000: Provided, That no funds made available by 

this appropriation may be obligated for FAIR Act or Circular A– 

76 activities until the Secretary has submitted to the Committees 

on Appropriations of both Houses of Congress and the Committee 

on Oversight and Government Reform of the House of Representatives a report on the Department’s contracting out policies, including 

agency budgets for contracting out. 

OFFICE OF THE ASSISTANT SECRETARY FOR CIVIL RIGHTS

For necessary expenses of the Office of the Assistant Secretary 

for Civil Rights, $854,000. 

OFFICE OF CIVIL RIGHTS

For necessary expenses of the Office of Civil Rights, 

$20,496,000. 

OFFICE OF THE ASSISTANT SECRETARY FOR ADMINISTRATION

For necessary expenses of the Office of the Assistant Secretary 

for Administration, $673,000. 

AGRICULTURE BUILDINGS AND FACILITIES AND RENTAL PAYMENTS

(INCLUDING TRANSFERS OF FUNDS) 

For payment of space rental and related costs pursuant to 

Public Law 92–313, including authorities pursuant to the 1984 

delegation of authority from the Administrator of General Services 

to the Department of Agriculture under 40 U.S.C. 486, for programs 

and activities of the Department which are included in this Act, 

and for alterations and other actions needed for the Department 

and its agencies to consolidate unneeded space into configurations 

suitable for release to the Administrator of General Services, and 

for the operation, maintenance, improvement, and repair of Agriculture buildings and facilities, and for related costs, $196,252,000, 

to remain available until expended, of which $156,590,000 shall 

be available for payments to the General Services Administration 

for rent and the Department of Homeland Security for building 

security: Provided, That amounts which are made available for 

space rental and related costs for the Department of Agriculture 

in this Act may be transferred between such appropriations to 

cover the costs of additional, new, or replacement space 15 days 

after notice thereof is transmitted to the Appropriations Committees 

of both Houses of Congress. 

Notification. 

Reports. 


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121 STAT. 1848 PUBLIC LAW 110–161—DEC. 26, 2007 

HAZARDOUS MATERIALS MANAGEMENT

(INCLUDING TRANSFERS OF FUNDS) 

For necessary expenses of the Department of Agriculture, to 

comply with the Comprehensive Environmental Response, Compensation, and Liability Act (42 U.S.C. 9601 et seq.) and the 

Resource Conservation and Recovery Act (42 U.S.C. 6901 et seq.), 

$4,886,000, to remain available until expended: Provided, That 

appropriations and funds available herein to the Department for 

Hazardous Materials Management may be transferred to any 

agency of the Department for its use in meeting all requirements 

pursuant to the above Acts on Federal and non-Federal lands. 

DEPARTMENTAL ADMINISTRATION

(INCLUDING TRANSFERS OF FUNDS) 

For Departmental Administration, $23,144,000, to provide for 

necessary expenses for management support services to offices of 

the Department and for general administration, security, repairs 

and alterations, and other miscellaneous supplies and expenses 

not otherwise provided for and necessary for the practical and 

efficient work of the Department: Provided, That this appropriation 

shall be reimbursed from applicable appropriations in this Act 

for travel expenses incident to the holding of hearings as required 

by 5 U.S.C. 551–558. 

OFFICE OF THE ASSISTANT SECRETARY FOR CONGRESSIONAL

RELATIONS

(INCLUDING TRANSFERS OF FUNDS) 

For necessary expenses of the Office of the Assistant Secretary 

for Congressional Relations to carry out the programs funded by 

this Act, including programs involving intergovernmental affairs 

and liaison within the executive branch, $3,795,000: Provided, That 

these funds may be transferred to agencies of the Department 

of Agriculture funded by this Act to maintain personnel at the 

agency level: Provided further, That no funds made available by 

this appropriation may be obligated after 30 days from the date 

of enactment of this Act, unless the Secretary has notified the 

Committees on Appropriations of both Houses of Congress on the 

allocation of these funds by USDA agency: Provided further, That 

no other funds appropriated to the Department by this Act shall 

be available to the Department for support of activities of congressional relations. 

OFFICE OF COMMUNICATIONS

For necessary expenses of the Office of Communications to 

carry out services relating to the coordination of programs involving 

public affairs, for the dissemination of agricultural information, 

and the coordination of information, work, and programs authorized 

by Congress in the Department, $9,338,000. 


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PUBLIC LAW 110–161—DEC. 26, 2007 121 STAT. 1849 

OFFICE OF THE INSPECTOR GENERAL

For necessary expenses of the Office of the Inspector General, 

including employment pursuant to the Inspector General Act of 

1978, $80,052,000, including such sums as may be necessary for 

contracting and other arrangements with public agencies and private persons pursuant to section 6(a)(9) of the Inspector General 

Act of 1978, and including not to exceed $125,000 for certain confidential operational expenses, including the payment of informants, 

to be expended under the direction of the Inspector General pursuant to Public Law 95–452 and section 1337 of Public Law 97– 

98. 

OFFICE OF THE GENERAL COUNSEL

For necessary expenses of the Office of the General Counsel, $39,227,000. 

OFFICE OF THE UNDER SECRETARY FOR RESEARCH, EDUCATION AND

ECONOMICS

For necessary expenses of the Office of the Under Secretary 

for Research, Education and Economics to administer the laws 

enacted by the Congress for the Economic Research Service, the 

National Agricultural Statistics Service, the Agricultural Research 

Service, and the Cooperative State Research, Education, and Extension Service, $596,000. 

ECONOMIC RESEARCH SERVICE

For necessary expenses of the Economic Research Service in conducting economic research and analysis, $77,943,000. 

NATIONAL AGRICULTURAL STATISTICS SERVICE

For necessary expenses of the National Agricultural Statistics 

Service in conducting statistical reporting and service work, 

$163,355,000, of which up to $52,351,000 shall be available until 

expended for the Census of Agriculture. 

AGRICULTURAL RESEARCH SERVICE

SALARIES AND EXPENSES

For necessary expenses to enable the Agricultural Research 

Service to perform agricultural research and demonstration relating 

to production, utilization, marketing, and distribution (not otherwise 

provided for); home economics or nutrition and consumer use 

including the acquisition, preservation, and dissemination of agricultural information; and for acquisition of lands by donation, 

exchange, or purchase at a nominal cost not to exceed $100, and 

for land exchanges where the lands exchanged shall be of equal 

value or shall be equalized by a payment of money to the grantor 

which shall not exceed 25 percent of the total value of the land 

or interests transferred out of Federal ownership, $1,128,944,000: 

Provided, That appropriations hereunder shall be available for the 

operation and maintenance of aircraft and the purchase of not 

to exceed one for replacement only: Provided further, That appropriations hereunder shall be available pursuant to 7 U.S.C. 2250 

7 USC 2254. 


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121 STAT. 1850 PUBLIC LAW 110–161—DEC. 26, 2007 

for the construction, alteration, and repair of buildings and improvements, but unless otherwise provided, the cost of constructing any 

one building shall not exceed $375,000, except for headhouses or 

greenhouses which shall each be limited to $1,200,000, and except 

for 10 buildings to be constructed or improved at a cost not to 

exceed $750,000 each, and the cost of altering any one building 

during the fiscal year shall not exceed 10 percent of the current 

replacement value of the building or $375,000, whichever is greater: 

Provided further, That the limitations on alterations contained in 

this Act shall not apply to modernization or replacement of existing 

facilities at Beltsville, Maryland: Provided further, That appropriations hereunder shall be available for granting easements at the 

Beltsville Agricultural Research Center: Provided further, That the 

foregoing limitations shall not apply to replacement of buildings 

needed to carry out the Act of April 24, 1948 (21 U.S.C. 113a): 

Provided further, That funds may be received from any State, 

other political subdivision, organization, or individual for the purpose of establishing or operating any research facility or research 

project of the Agricultural Research Service, as authorized by law: 

Provided further, That hereafter none of the funds appropriated 

under this heading shall be available to carry out research related 

to the production, processing, or marketing of tobacco or tobacco 

products. 

BUILDINGS AND FACILITIES

For acquisition of land, construction, repair, improvement, 

extension, alteration, and purchase of fixed equipment or facilities 

as necessary to carry out the agricultural research programs of 

the Department of Agriculture, where not otherwise provided, 

$47,082,000, to remain available until expended. 

COOPERATIVE STATE RESEARCH, EDUCATION, AND EXTENSION

SERVICE

RESEARCH AND EDUCATION ACTIVITIES

For payments to agricultural experiment stations, for cooperative forestry and other research, for facilities, and for other 

expenses, $672,997,000, as follows: to carry out the provisions of 

the Hatch Act of 1887 (7 U.S.C. 361a–i), $197,192,000; for grants 

for cooperative forestry research (16 U.S.C. 582a through a–7), 

$24,966,000; for payments to eligible institutions (7 U.S.C. 3222), 

$41,340,000, provided that each institution receives no less than 

$1,000,000; for special grants for agricultural research (7 U.S.C. 

450i(c)), $92,422,000, of which $2,095,000 shall be for grants pursuant to 7 U.S.C. 3155; for competitive grants for agricultural research 

on improved pest control (7 U.S.C. 450i(c)), $15,421,000; for competitive research grants (7 U.S.C. 450i(b)), $192,229,000; for the support 

of animal health and disease programs (7 U.S.C. 3195), $5,006,000; 

for supplemental and alternative crops and products (7 U.S.C. 

3319d), $825,000; for grants for research pursuant to the Critical 

Agricultural Materials Act (7 U.S.C. 178 et seq.), $1,091,000, to 

remain available until expended; for the 1994 research grants program for 1994 institutions pursuant to section 536 of Public Law 

103–382 (7 U.S.C. 301 note), $1,544,000, to remain available until 

expended; for rangeland research grants (7 U.S.C. 3333), $990,000; 

for higher education graduate fellowship grants (7 U.S.C. 

Tobacco and 

tobacco products. 

7 USC 2254a. 

Maryland. 


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3152(b)(6)), $3,701,000, to remain available until expended (7 U.S.C. 

2209b); for a program pursuant to section 1415A of the National 

Agricultural Research, Extension, and Teaching Policy Act of 1977 

(7 U.S.C. 3151a), $875,000, to remain available until expended; 

for higher education challenge grants (7 U.S.C. 3152(b)(1)), 

$5,423,000; for a higher education multicultural scholars program 

(7 U.S.C. 3152(b)(5)), $988,000, to remain available until expended 

(7 U.S.C. 2209b); for an education grants program for Hispanicserving Institutions (7 U.S.C. 3241), $6,089,000; for competitive 

grants for the purpose of carrying out all provisions of 7 U.S.C. 

3242 (section 759 of Public Law 106–78) to individual eligible 

institutions or consortia of eligible institutions in Alaska and in 

Hawaii, with funds awarded equally to each of the States of Alaska 

and Hawaii, $3,218,000; for a secondary agriculture education program and 2-year post-secondary education (7 U.S.C. 3152(j)), 

$990,000; for aquaculture grants (7 U.S.C. 3322), $3,956,000; for 

sustainable agriculture research and education (7 U.S.C. 5811), 

$14,500,000; for a program of capacity building grants (7 U.S.C. 

3152(b)(4)) to institutions eligible to receive funds under 7 U.S.C. 

3221 and 3222, $13,688,000, to remain available until expended 

(7 U.S.C. 2209b); for payments to the 1994 Institutions pursuant 

to section 534(a)(1) of Public Law 103–382, $3,342,000; for resident 

instruction grants for insular areas under section 1491 of the 

National Agricultural Research, Extension, and Teaching Policy 

Act of 1977 (7 U.S.C. 3363), $750,000; and for necessary expenses 

of Research and Education Activities, $42,451,000, of which 

$2,723,000 for the Research, Education, and Economics Information 

System and $2,151,000 for the Electronic Grants Information 

System, are to remain available until expended: Provided, That 

hereafter none of the funds appropriated under this heading shall 

be available to carry out research related to the production, processing, or marketing of tobacco or tobacco products: Provided further, That hereafter this paragraph shall not apply to research 

on the medical, biotechnological, food, and industrial uses of tobacco. 

NATIVE AMERICAN INSTITUTIONS ENDOWMENT FUND

For the Native American Institutions Endowment Fund authorized by Public Law 103–382 (7 U.S.C. 301 note), $11,880,000, to 

remain available until expended. 

EXTENSION ACTIVITIES

For payments to States, the District of Columbia, Puerto Rico, 

Guam, the Virgin Islands, Micronesia, Northern Marianas, and 

American Samoa, $456,460,000, as follows: payments for cooperative 

extension work under the Smith-Lever Act, to be distributed under 

sections 3(b) and 3(c) of said Act, and under section 208(c) of 

Public Law 93–471, for retirement and employees’ compensation 

costs for extension agents, $276,596,000; payments for extension 

work at the 1994 Institutions under the Smith-Lever Act (7 U.S.C. 

343(b)(3)), $3,321,000; payments for the nutrition and family education program for low-income areas under section 3(d) of the Act, 

$66,019,000; payments for the pest management program under 

section 3(d) of the Act, $9,860,000; payments for the farm safety 

program under section 3(d) of the Act, $4,759,000; payments for 

New Technologies for Ag Extension under section 3(d) of the Act, 

$1,485,000; payments to upgrade research, extension, and teaching 

Tobacco and 

tobacco products. 

7 USC 2254b. 


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facilities at institutions eligible to receive funds under 7 U.S.C. 

3221 and 3222, $17,389,000, to remain available until expended; 

payments for youth-at-risk programs under section 3(d) of the 

Smith-Lever Act, $8,024,000; for youth farm safety education and 

certification extension grants, to be awarded competitively under 

section 3(d) of the Act, $467,000; payments for carrying out the 

provisions of the Renewable Resources Extension Act of 1978 (16 

U.S.C. 1671 et seq.), $4,036,000; payments for the federally-recognized Tribes Extension Program under section 3(d) of the SmithLever Act, $3,000,000; payments for sustainable agriculture programs under section 3(d) of the Act, $4,600,000; payments for 

rural health and safety education as authorized by section 502(i) 

of Public Law 92–419 (7 U.S.C. 2662(i)), $1,750,000; payments 

for cooperative extension work by eligible institutions (7 U.S.C. 

3221), $36,103,000, provided that each institution receives no less 

than $1,000,000; for grants to youth organizations pursuant to 

section 7630 of title 7, United States Code, $1,750,000; and for 

necessary expenses of Extension Activities, $17,301,000. 

INTEGRATED ACTIVITIES

For the integrated research, education, and extension grants 

programs, including necessary administrative expenses, 

$56,244,000, as follows: for competitive grants programs authorized 

under section 406 of the Agricultural Research, Extension, and 

Education Reform Act of 1998 (7 U.S.C. 7626), $42,286,000, 

including $12,738,000 for the water quality program, $14,699,000 

for the food safety program, $4,125,000 for the regional pest 

management centers program, $4,419,000 for the Food Quality 

Protection Act risk mitigation program for major food crop systems, 

$1,375,000 for the crops affected by Food Quality Protection Act 

implementation, $3,075,000 for the methyl bromide transition program, and $1,855,000 for the organic transition program; for a 

competitive international science and education grants program 

authorized under section 1459A of the National Agricultural 

Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 

3292b), to remain available until expended, $2,000,000; for grants 

programs authorized under section 2(c)(1)(B) of Public Law 89– 

106, as amended, $737,000, to remain available until September 

30, 2009, for the critical issues program; $1,321,000 for the regional 

rural development centers program; and $9,900,000 for the Food 

and Agriculture Defense Initiative authorized under section 1484 

of the National Agricultural Research, Extension, and Teaching 

Act of 1977, to remain available until September 30, 2009. 

OUTREACH FOR SOCIALLY DISADVANTAGED FARMERS

For grants and contracts pursuant to section 2501 of the Food, 

Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 2279), 

$6,440,000, to remain available until expended. 

OFFICE OF THE UNDER SECRETARY FOR MARKETING AND

REGULATORY PROGRAMS

For necessary expenses of the Office of the Under Secretary 

for Marketing and Regulatory Programs to administer programs 

under the laws enacted by the Congress for the Animal and Plant 

Health Inspection Service; the Agricultural Marketing Service; and 


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the Grain Inspection, Packers and Stockyards Administration; 

$721,000. 

ANIMAL AND PLANT HEALTH INSPECTION SERVICE

SALARIES AND EXPENSES

(INCLUDING TRANSFERS OF FUNDS) 

For expenses, not otherwise provided for, necessary to prevent, 

control, and eradicate pests and plant and animal diseases; to 

carry out inspection, quarantine, and regulatory activities; and to 

protect the environment, as authorized by law, including up to 

$30,000 for representation allowances and for expenses pursuant 

to the Foreign Service Act of 1980 (22 U.S.C. 4085), $873,754,000, 

of which $1,000,000 shall be available for the control of outbreaks 

of insects, plant diseases, animal diseases and for control of pest 

animals and birds to the extent necessary to meet emergency conditions; of which $37,269,000 shall be used for the cotton pests program for cost share purposes or for debt retirement for active 

eradication zones; of which $9,750,000 shall be available for a 

National Animal Identification program; of which $51,725,000 shall 

be used to conduct a surveillance and preparedness program for 

highly pathogenic avian influenza: Provided, That no funds shall 

be used to formulate or administer a brucellosis eradication program 

for the current fiscal year that does not require minimum matching 

by the States of at least 40 percent: Provided further, That this 

appropriation shall be available for the operation and maintenance 

of aircraft and the purchase of not to exceed four, of which two 

shall be for replacement only: Provided further, That, in addition, 

in emergencies which threaten any segment of the agricultural 

production industry of this country, the Secretary may transfer 

from other appropriations or funds available to the agencies or 

corporations of the Department such sums as may be deemed necessary, to be available only in such emergencies for the arrest 

and eradication of contagious or infectious disease or pests of animals, poultry, or plants, and for expenses in accordance with sections 10411 and 10417 of the Animal Health Protection Act (7 

U.S.C. 8310 and 8316) and sections 431 and 442 of the Plant 

Protection Act (7 U.S.C. 7751 and 7772), and any unexpended 

balances of funds transferred for such emergency purposes in the 

preceding fiscal year shall be merged with such transferred 

amounts: Provided further, That appropriations hereunder shall 

be available pursuant to law (7 U.S.C. 2250) for the repair and 

alteration of leased buildings and improvements, but unless otherwise provided the cost of altering any one building during the 

fiscal year shall not exceed 10 percent of the current replacement 

value of the building. 

In fiscal year 2008, the agency is authorized to collect fees 

to cover the total costs of providing technical assistance, goods, 

or services requested by States, other political subdivisions, 

domestic and international organizations, foreign governments, or 

individuals, provided that such fees are structured such that any 

entity’s liability for such fees is reasonably based on the technical 

assistance, goods, or services provided to the entity by the agency, 

and such fees shall be credited to this account, to remain available 

until expended, without further appropriation, for providing such 

assistance, goods, or services. 


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AGRICULTURAL MARKETING SERVICE

MARKETING SERVICES

For necessary expenses to carry out services related to consumer protection, agricultural marketing and distribution, transportation, and regulatory programs, as authorized by law, and for 

administration and coordination of payments to States, $76,862,000, 

including funds for the wholesale market development program 

for the design and development of wholesale and farmer market 

facilities for the major metropolitan areas of the country: Provided, 

That this appropriation shall be available pursuant to law (7 U.S.C. 

2250) for the alteration and repair of buildings and improvements, 

but the cost of altering any one building during the fiscal year 

shall not exceed 10 percent of the current replacement value of 

the building. 

Fees may be collected for the cost of standardization activities, 

as established by regulation pursuant to law (31 U.S.C. 9701). 

LIMITATION ON ADMINISTRATIVE EXPENSES

Not to exceed $61,233,000 (from fees collected) shall be obligated during the current fiscal year for administrative expenses: 

Provided, That if crop size is understated and/or other uncontrollable events occur, the agency may exceed this limitation by up 

to 10 percent with notification to the Committees on Appropriations 

of both Houses of Congress. 

FUNDS FOR STRENGTHENING MARKETS, INCOME, AND SUPPLY

(SECTION 32) 

(INCLUDING TRANSFERS OF FUNDS) 

Funds available under section 32 of the Act of August 24, 

1935 (7 U.S.C. 612c), shall be used only for commodity program 

expenses as authorized therein, and other related operating 

expenses, including not less than $10,000,000 for replacement of 

a system to support commodity purchases, except for: (1) transfers 

to the Department of Commerce as authorized by the Fish and 

Wildlife Act of August 8, 1956; (2) transfers otherwise provided 

in this Act; and (3) not more than $16,798,000 for formulation 

and administration of marketing agreements and orders pursuant 

to the Agricultural Marketing Agreement Act of 1937 and the 

Agricultural Act of 1961. 

PAYMENTS TO STATES AND POSSESSIONS

For payments to departments of agriculture, bureaus and 

departments of markets, and similar agencies for marketing activities under section 204(b) of the Agricultural Marketing Act of 1946 

(7 U.S.C. 1623(b)), $11,709,000, of which not less than $1,875,000 

shall be used to make a grant under this heading: Provided, That 

of the amount provided under this heading, $8,500,000, to remain 

available until expended, is for specialty crop block grants authorized under section 101 of the Specialty Crops Competitiveness Act 

of 2004 (Public Law 108–465; 7 U.S.C. 1621 note), of which not 

to exceed 5 percent may be available for administrative expenses. 

Notification. 


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GRAIN INSPECTION, PACKERS AND STOCKYARDS ADMINISTRATION

SALARIES AND EXPENSES

For necessary expenses to carry out the provisions of the United 

States Grain Standards Act, for the administration of the Packers 

and Stockyards Act, for certifying procedures used to protect purchasers of farm products, and the standardization activities related 

to grain under the Agricultural Marketing Act of 1946, $38,785,000: 

Provided, That this appropriation shall be available pursuant to 

law (7 U.S.C. 2250) for the alteration and repair of buildings and 

improvements, but the cost of altering any one building during 

the fiscal year shall not exceed 10 percent of the current replacement value of the building. 

LIMITATION ON INSPECTION AND WEIGHING SERVICES EXPENSES

Not to exceed $42,463,000 (from fees collected) shall be obligated during the current fiscal year for inspection and weighing 

services: Provided, That if grain export activities require additional 

supervision and oversight, or other uncontrollable factors occur, 

this limitation may be exceeded by up to 10 percent with notification 

to the Committees on Appropriations of both Houses of Congress. 

OFFICE OF THE UNDER SECRETARY FOR FOOD SAFETY

For necessary expenses of the Office of the Under Secretary 

for Food Safety to administer the laws enacted by the Congress 

for the Food Safety and Inspection Service, $600,000. 

FOOD SAFETY AND INSPECTION SERVICE

For necessary expenses to carry out services authorized by 

the Federal Meat Inspection Act, the Poultry Products Inspection 

Act, and the Egg Products Inspection Act, including not to exceed 

$50,000 for representation allowances and for expenses pursuant 

to section 8 of the Act approved August 3, 1956 (7 U.S.C. 1766), 

$930,120,000, of which no less than $829,807,000 shall be available 

for Federal food safety inspection; and in addition, $1,000,000 may 

be credited to this account from fees collected for the cost of laboratory accreditation as authorized by section 1327 of the Food, Agriculture, Conservation and Trade Act of 1990 (7 U.S.C. 138f): Provided, That no fewer than 83 full time equivalent positions above 

the fiscal year 2002 level shall be employed during fiscal year 

2008 for purposes dedicated solely to inspections and enforcement 

related to the Humane Methods of Slaughter Act: Provided further, 

That of the amount available under this heading, $3,000,000 shall 

be obligated to maintain the Humane Animal Tracking System 

as part of the Public Health Data Communication Infrastructure 

System: Provided further, That not to exceed $650,000 is for 

construction of a laboratory sample receiving facility: Provided further, That this appropriation shall be available pursuant to law 

(7 U.S.C. 2250) for the alteration and repair of buildings and 

improvements, but the cost of altering any one building during 

the fiscal year shall not exceed 10 percent of the current replacement value of the building. 

Employment 

positions. 

Notification. 


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OFFICE OF THE UNDER SECRETARY FOR FARM AND FOREIGN

AGRICULTURAL SERVICES

For necessary expenses of the Office of the Under Secretary 

for Farm and Foreign Agricultural Services to administer the laws 

enacted by Congress for the Farm Service Agency, the Foreign 

Agricultural Service, the Risk Management Agency, and the Commodity Credit Corporation, $632,000. 

FARM SERVICE AGENCY

SALARIES AND EXPENSES

(INCLUDING TRANSFERS OF FUNDS) 

For necessary expenses for carrying out the administration 

and implementation of programs administered by the Farm Service 

Agency, $1,134,045,000: Provided, That the Secretary is authorized 

to use the services, facilities, and authorities (but not the funds) 

of the Commodity Credit Corporation to make program payments 

for all programs administered by the Agency: Provided further, 

That other funds made available to the Agency for authorized 

activities may be advanced to and merged with this account: Provided further, That none of the funds made available by this Act 

may be used to pay the salary or expenses of any officer or employee 

of the Department of Agriculture to close or relocate any county 

or field office of the Farm Service Agency (other than a county 

or field office that had zero employees as of February 7, 2007), 

or to develop, submit, consider, or approve any plan for any such 

closure or relocation before enactment of an omnibus authorization 

law to provide for the continuation of agricultural programs for 

fiscal years after 2007. 

STATE MEDIATION GRANTS

For grants pursuant to section 502(b) of the Agricultural Credit Act of 1987, as amended (7 U.S.C. 5101–5106), $4,400,000. 

GRASSROOTS SOURCE WATER PROTECTION PROGRAM

For necessary expenses to carry out wellhead or groundwater 

protection activities under section 1240O of the Food Security Act 

of 1985 (16 U.S.C. 3839bb–2), $3,713,000, to remain available until 

expended. 

DAIRY INDEMNITY PROGRAM

(INCLUDING TRANSFER OF FUNDS) 

For necessary expenses involved in making indemnity payments 

to dairy farmers and manufacturers of dairy products under a 

dairy indemnity program, $100,000, to remain available until 

expended: Provided, That such program is carried out by the Secretary in the same manner as the dairy indemnity program 

described in the Agriculture, Rural Development, Food and Drug 

Administration, and Related Agencies Appropriations Act, 2001 

(Public Law 106–387, 114 Stat. 1549A–12). 


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AGRICULTURAL CREDIT INSURANCE FUND PROGRAM ACCOUNT

(INCLUDING TRANSFERS OF FUNDS) 

For gross obligations for the principal amount of direct and 

guaranteed farm ownership (7 U.S.C. 1922 et seq.) and operating 

(7 U.S.C. 1941 et seq.) loans, Indian tribe land acquisition loans 

(25 U.S.C. 488), and boll weevil loans (7 U.S.C. 1989), to be available 

from funds in the Agricultural Credit Insurance Fund, as follows: 

farm ownership loans, $1,471,257,000, of which $1,247,400,000 shall 

be for unsubsidized guaranteed loans and $223,857,000 shall be 

for direct loans; operating loans, $1,875,686,000, of which 

$1,024,650,000 shall be for unsubsidized guaranteed loans, 

$271,886,000 shall be for subsidized guaranteed loans and 

$579,150,000 shall be for direct loans; Indian tribe land acquisition 

loans, $3,960,000; and for boll weevil eradication program loans, 

$100,000,000: Provided, That the Secretary shall deem the pink 

bollworm to be a boll weevil for the purpose of boll weevil eradication program loans. 

For the cost of direct and guaranteed loans, including the 

cost of modifying loans as defined in section 502 of the Congressional Budget Act of 1974, as follows: farm ownership loans, 

$14,952,000, of which $4,990,000 shall be for unsubsidized guaranteed loans, and $9,962,000 shall be for direct loans; operating loans, 

$134,561,000, of which $24,797,000 shall be for unsubsidized 

guaranteed loans, $36,270,000 shall be for subsidized guaranteed 

loans, and $73,494,000 shall be for direct loans; and Indian tribe 

land acquisition loans, $125,000. 

In addition, for administrative expenses necessary to carry out the direct and guaranteed loan programs, $311,229,000, of 

which $303,309,000 shall be transferred to and merged with the 

appropriation for ‘‘Farm Service Agency, Salaries and Expenses’’. 

Funds appropriated by this Act to the Agricultural Credit Insurance Program Account for farm ownership and operating direct 

loans and guaranteed loans may be transferred among these programs: Provided, That the Committees on Appropriations of both 

Houses of Congress are notified at least 15 days in advance of 

any transfer. 

RISK MANAGEMENT AGENCY

For administrative and operating expenses, as authorized by 

section 226A of the Department of Agriculture Reorganization Act 

of 1994 (7 U.S.C. 6933), $76,658,000: Provided, That not more 

than $11,166,000 of the funds made available under section 522(e) 

of the Federal Crop Insurance Act (7 U.S.C. 1522(e)) may be used 

for program compliance and integrity purposes, including the data 

mining project, and for the Common Information Management 

System: Provided further, That not to exceed $1,000 shall be available for official reception and representation expenses, as authorized 

by 7 U.S.C. 1506(i). 

CORPORATIONS 

The following corporations and agencies are hereby authorized 

to make expenditures, within the limits of funds and borrowing 

authority available to each such corporation or agency and in accord 

with law, and to make contracts and commitments without regard 

Notification. 

Deadline. 

Pink Bollworm. 


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to fiscal year limitations as provided by section 104 of the Government Corporation Control Act as may be necessary in carrying 

out the programs set forth in the budget for the current fiscal 

year for such corporation or agency, except as hereinafter provided. 

FEDERAL CROP INSURANCE CORPORATION FUND

For payments as authorized by section 516 of the Federal 

Crop Insurance Act (7 U.S.C. 1516), such sums as may be necessary, 

to remain available until expended. 

COMMODITY CREDIT CORPORATION FUND

REIMBURSEMENT FOR NET REALIZED LOSSES

For the current fiscal year, such sums as may be necessary 

to reimburse the Commodity Credit Corporation for net realized 

losses sustained, but not previously reimbursed, pursuant to section 

2 of the Act of August 17, 1961 (15 U.S.C. 713a–11): Provided, 

That of the funds available to the Commodity Credit Corporation 

under section 11 of the Commodity Credit Corporation Charter 

Act (15 U.S.C. 714i) for the conduct of its business with the Foreign 

Agricultural Service, up to $5,000,000 may be transferred to and 

used by the Foreign Agricultural Service for information resource 

management activities of the Foreign Agricultural Service that 

are not related to Commodity Credit Corporation business. 

HAZARDOUS WASTE MANAGEMENT

(LIMITATION ON EXPENSES) 

For the current fiscal year, the Commodity Credit Corporation 

shall not expend more than $5,000,000 for site investigation and 

cleanup expenses, and operations and maintenance expenses to 

comply with the requirement of section 107(g) of the Comprehensive 

Environmental Response, Compensation, and Liability Act (42 

U.S.C. 9607(g)), and section 6001 of the Resource Conservation 

and Recovery Act (42 U.S.C. 6961). 

TITLE II 

CONSERVATION PROGRAMS 

OFFICE OF THE UNDER SECRETARY FOR NATURAL RESOURCES AND

ENVIRONMENT

For necessary expenses of the Office of the Under Secretary 

for Natural Resources and Environment to administer the laws 

enacted by the Congress for the Forest Service and the Natural 

Resources Conservation Service, $742,000. 

NATURAL RESOURCES CONSERVATION SERVICE

CONSERVATION OPERATIONS

For necessary expenses for carrying out the provisions of the 

Act of April 27, 1935 (16 U.S.C. 590a–f), including preparation 

of conservation plans and establishment of measures to conserve 

soil and water (including farm irrigation and land drainage and 


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such special measures for soil and water management as may 

be necessary to prevent floods and the siltation of reservoirs and 

to control agricultural related pollutants); operation of conservation 

plant materials centers; classification and mapping of soil; dissemination of information; acquisition of lands, water, and interests 

therein for use in the plant materials program by donation, 

exchange, or purchase at a nominal cost not to exceed $100 pursuant 

to the Act of August 3, 1956 (7 U.S.C. 428a); purchase and erection 

or alteration or improvement of permanent and temporary 

buildings; and operation and maintenance of aircraft, $840,326,000, 

to remain available until September 30, 2009: Provided, That appropriations hereunder shall be available pursuant to 7 U.S.C. 2250 

for construction and improvement of buildings and public improvements at plant materials centers, except that the cost of alterations 

and improvements to other buildings and other public improvements 

shall not exceed $250,000: Provided further, That when buildings 

or other structures are erected on non-Federal land, that the right 

to use such land is obtained as provided in 7 U.S.C. 2250a: Provided 

further, That this appropriation shall be available for technical 

assistance and related expenses to carry out programs authorized 

by section 202(c) of title II of the Colorado River Basin Salinity 

Control Act of 1974 (43 U.S.C. 1592(c)): Provided further, That 

qualified local engineers may be temporarily employed at per diem 

rates to perform the technical planning work of the Service. 

WATERSHED AND FLOOD PREVENTION OPERATIONS

For necessary expenses to carry out preventive measures, 

including but not limited to research, engineering operations, 

methods of cultivation, the growing of vegetation, rehabilitation 

of existing works and changes in use of land, in accordance with 

the Watershed Protection and Flood Prevention Act (16 U.S.C. 

1001–1005 and 1007–1009), the provisions of the Act of April 27, 

1935 (16 U.S.C. 590a–f), and in accordance with the provisions 

of laws relating to the activities of the Department, $30,000,000, 

to remain available until expended: Provided, That not to exceed 

$15,500,000 of this appropriation shall be available for technical 

assistance. 

WATERSHED REHABILITATION PROGRAM

For necessary expenses to carry out rehabilitation of structural 

measures, in accordance with section 14 of the Watershed Protection 

and Flood Prevention Act (16 U.S.C. 1012), and in accordance 

with the provisions of laws relating to the activities of the Department, $20,000,000, to remain available until expended. 

RESOURCE CONSERVATION AND DEVELOPMENT

For necessary expenses in planning and carrying out projects 

for resource conservation and development and for sound land use 

pursuant to the provisions of sections 31 and 32 of the BankheadJones Farm Tenant Act (7 U.S.C. 1010–1011; 76 Stat. 607); the 

Act of April 27, 1935 (16 U.S.C. 590a–f); and subtitle H of title 

XV of the Agriculture and Food Act of 1981 (16 U.S.C. 3451– 

3461), $51,088,000, to remain available until expended: Provided, 

That not to exceed $3,073,000 shall be available for national headquarters activities. 


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HEALTHY FORESTS RESERVE PROGRAM

For necessary expenses to carry out the Healthy Forests 

Reserve Program authorized under title V of Public Law 108– 

148 (16 U.S.C. 6571–6578), $2,000,000, to remain available until 

expended. 

TITLE III 

RURAL DEVELOPMENT PROGRAMS 

OFFICE OF THE UNDER SECRETARY FOR RURAL DEVELOPMENT

For necessary salaries and expenses of the Office of the Under 

Secretary for Rural Development to administer programs under 

the laws enacted by the Congress for the Rural Housing Service, 

the Rural Business-Cooperative Service, and the Rural Utilities 

Service, $632,000. 

RURAL DEVELOPMENT SALARIES AND EXPENSES

(INCLUDING TRANSFERS OF FUNDS) 

For necessary expenses for carrying out the administration 

and implementation of programs in the Rural Development mission 

area, including activities with institutions concerning the development and operation of agricultural cooperatives; and for cooperative 

agreements; $169,998,000: Provided, That notwithstanding any 

other provision of law, funds appropriated under this section may 

be used for advertising and promotional activities that support 

the Rural Development mission area: Provided further, That not 

more than $10,000 may be expended to provide modest nonmonetary 

awards to non-USDA employees: Provided further, That any balances available from prior years for the Rural Utilities Service, 

Rural Housing Service, and the Rural Business-Cooperative Service 

salaries and expenses accounts shall be transferred to and merged 

with this appropriation. 

RURAL HOUSING SERVICE

RURAL HOUSING INSURANCE FUND PROGRAM ACCOUNT

(INCLUDING TRANSFERS OF FUNDS) 

For gross obligations for the principal amount of direct and 

guaranteed loans as authorized by title V of the Housing Act of 

1949, to be available from funds in the rural housing insurance 

fund, as follows: $5,349,391,000 for loans to section 502 borrowers, 

of which $1,129,391,000 shall be for direct loans, and of which 

$4,220,000,000 shall be for unsubsidized guaranteed loans; 

$34,652,000 for section 504 housing repair loans; $70,000,000 for 

section 515 rental housing; $130,000,000 for section 538 guaranteed 

multi-family housing loans; $5,045,000 for section 524 site loans; 

$11,485,000 for credit sales of acquired property, of which up to 

$1,485,000 may be for multi-family credit sales; and $5,000,000 

for section 523 self-help housing land development loans. 

For the cost of direct and guaranteed loans, including the 

cost of modifying loans, as defined in section 502 of the Congressional Budget Act of 1974, as follows: section 502 loans, 


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$156,224,000, of which $105,824,000 shall be for direct loans, and 

of which $50,400,000, to remain available until expended, shall 

be for unsubsidized guaranteed loans; section 504 housing repair 

loans, $9,796,000; repair, rehabilitation, and new construction of 

section 515 rental housing, $29,827,000; section 538 multi-family 

housing guaranteed loans, $12,220,000; credit sales of acquired 

property, $552,000; and section 523 self-help housing and development loans, $142,000: Provided, That of the total amount appropriated in this paragraph, $2,500,000 shall be available through 

June 30, 2008, for authorized empowerment zones and enterprise 

communities and communities designated by the Secretary of Agriculture as Rural Economic Area Partnership Zones: Provided further, That any funds under this paragraph initially allocated by 

the Secretary for housing projects in the State of Alaska that 

are not obligated by September 30, 2008, shall be carried over 

until September 30, 2009, and made available for such housing 

projects only in the State of Alaska: Provided further, That any 

unobligated balances for a demonstration program for the preservation and revitalization of the section 515 multi-family rental housing 

properties as authorized by Public Law 109–97 shall be transferred 

to and merged with the ‘‘Rural Housing Service, Multi-family 

Housing Revitalization Program Account’’. 

In addition, for administrative expenses necessary to carry 

out the direct and guaranteed loan programs, $452,927,000, which 

shall be transferred to and merged with the appropriation for 

‘‘Rural Development, Salaries and Expenses’’. 

RENTAL ASSISTANCE PROGRAM

For rental assistance agreements entered into or renewed 

pursuant to the authority under section 521(a)(2) or agreements 

entered into in lieu of debt forgiveness or payments for eligible 

households as authorized by section 502(c)(5)(D) of the Housing 

Act of 1949, $482,090,000, to remain available through September 

30, 2009; and, in addition, such sums as may be necessary, as 

authorized by section 521(c) of the Act, to liquidate debt incurred 

prior to fiscal year 1992 to carry out the rental assistance program 

under section 521(a)(2) of the Act: Provided, That of this amount, 

up to $6,000,000 shall be available for debt forgiveness or payments 

for eligible households as authorized by section 502(c)(5)(D) of the 

Act, and not to exceed $50,000 per project for advances to nonprofit 

organizations or public agencies to cover direct costs (other than 

purchase price) incurred in purchasing projects pursuant to section 

502(c)(5)(C) of the Act: Provided further, That agreements entered 

into or renewed during the current fiscal year shall be funded 

for a one-year period: Provided further, That any unexpended balances remaining at the end of such one-year agreements may be 

transferred and used for the purposes of any debt reduction; maintenance, repair, or rehabilitation of any existing projects; preservation; and rental assistance activities authorized under title V of 

the Act: Provided further, That rental assistance provided under 

agreements entered into prior to fiscal year 2008 for a farm labor 

multi-family housing project financed under section 514 or 516 

of the Act may not be recaptured for use in another project until 

such assistance has remained unused for a period of 12 consecutive 

months, if such project has a waiting list of tenants seeking such 

assistance or the project has rental assistance eligible tenants who 

Contracts. 

Alaska. 


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are not receiving such assistance: Provided further, That such recaptured rental assistance shall, to the extent practicable, be applied 

to another farm labor multi-family housing project financed under 

section 514 or 516 of the Act. 

MULTI-FAMILY HOUSING REVITALIZATION PROGRAM ACCOUNT

For the rural housing voucher program as authorized under 

section 542 of the Housing Act of 1949, but notwithstanding subsection (b) of such section, for the cost to conduct a housing demonstration program to provide revolving loans for the preservation 

of low-income multi-family housing projects, and for additional costs 

to conduct a demonstration program for the preservation and 

revitalization of multi-family rental housing properties described 

in this paragraph, $28,000,000, to remain available until expended: 

Provided, That of the funds made available under this heading, $5,000,000 shall be available for rural housing vouchers to any 

low-income household (including those not receiving rental assistance) residing in a property financed with a section 515 loan which 

has been prepaid after September 30, 2005: Provided further, That 

the amount of such voucher shall be the difference between comparable market rent for the section 515 unit and the tenant paid 

rent for such unit: Provided further, That funds made available 

for such vouchers shall be subject to the availability of annual 

appropriations: Provided further, That the Secretary shall, to the 

maximum extent practicable, administer such vouchers with current 

regulations and administrative guidance applicable to section 8 

housing vouchers administered by the Secretary of the Department 

of Housing and Urban Development (including the ability to pay 

administrative costs related to delivery of the voucher funds): Provided further, That if the Secretary determines that the amount 

made available for vouchers in this or any other Act is not needed 

for vouchers, the Secretary may use such funds for the demonstration programs for the preservation and revitalization of multi-family 

rental housing properties described in this paragraph: Provided 

further, That of the funds made available under this heading, $3,000,000 shall be available for the cost of loans to private nonprofit organizations, or such non-profit organizations’ affiliate loan 

funds and State and local housing finance agencies, to carry out 

a housing demonstration program to provide revolving loans for 

the preservation of low-income multi-family housing projects: Provided further, That loans under such demonstration program shall 

have an interest rate of not more than 1 percent direct loan to 

the recipient: Provided further, That the Secretary may defer the 

interest and principal payment to the Rural Housing Service for 

up to 3 years and the term of such loans shall not exceed 30 

years: Provided further, That of the funds made available under 

this heading, $20,000,000 shall be available for a demonstration 

program for the preservation and revitalization of the section 514, 

515, and 516 multi-family rental housing properties to restructure 

existing USDA multi-family housing loans, as the Secretary deems 

appropriate, expressly for the purposes of ensuring the project has 

sufficient resources to preserve the project for the purpose of providing safe and affordable housing for low-income residents and 

farm laborers including reducing or eliminating interest; deferring 

loan payments, subordinating, reducing or reamortizing loan debt; 

and other financial assistance including advances and incentives 

required by the Secretary: Provided further, That if the Secretary 

Loans. 

Vouchers. 

Applicability. 


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determines that additional funds for vouchers described in this 

paragraph are needed, funds for the preservation and revitalization 

demonstration program may be used for such vouchers: Provided 

further, That if Congress enacts legislation to permanently 

authorize a section 515 multi-family rental housing loan restructuring program similar to the demonstration program described 

herein, the Secretary may use funds made available for the demonstration program under this heading to carry out such legislation 

with the prior approval of the Committees on Appropriations of 

both Houses of Congress. 

MUTUAL AND SELF-HELP HOUSING GRANTS

For grants and contracts pursuant to section 523(b)(1)(A) of the Housing Act of 1949 (42 U.S.C. 1490c), $39,000,000, to remain 

available until expended: Provided, That of the total amount appro- priated, $1,000,000 shall be available through June 30, 2008, for 

authorized empowerment zones and enterprise communities and 

communities designated by the Secretary of Agriculture as Rural 

Economic Area Partnership Zones. 

RURAL HOUSING ASSISTANCE GRANTS

(INCLUDING TRANSFER OF FUNDS) 

For grants and contracts for very low-income housing repair, 

supervisory and technical assistance, compensation for construction 

defects, and rural housing preservation made by the Rural Housing 

Service, as authorized by 42 U.S.C. 1474, 1479(c), 1490e, and 

1490m, $39,000,000, to remain available until expended: Provided, 

That of the total amount appropriated, $1,200,000 shall be available 

through June 30, 2008, for authorized empowerment zones and 

enterprise communities and communities designated by the Secretary of Agriculture as Rural Economic Area Partnership Zones: 

Provided further, That any balances to carry out a housing demonstration program to provide revolving loans for the preservation 

of low-income multi-family housing projects as authorized in Public 

Law 108–447 and Public Law 109–97 shall be transferred to and 

merged with the ‘‘Rural Housing Service, Multi-family Housing 

Revitalization Program Account’’. 

FARM LABOR PROGRAM ACCOUNT

For the cost of direct loans, grants, and contracts, as authorized 

by 42 U.S.C. 1484 and 1486, $22,000,000, to remain available 

until expended, for direct farm labor housing loans and domestic 

farm labor housing grants and contracts. 

RURAL COMMUNITY FACILITIES PROGRAM ACCOUNT

(INCLUDING TRANSFERS OF FUNDS) 

For the cost of direct loans, loan guarantees, and grants for 

rural community facilities programs as authorized by section 306 

and described in section 381E(d)(1) of the Consolidated Farm and 

Rural Development Act, $68,952,000, to remain available until 

expended: Provided, That $6,300,000 of the amount appropriated 

under this heading shall be available for a Rural Community 

Development Initiative: Provided further, That such funds shall 


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be used solely to develop the capacity and ability of private, nonprofit community-based housing and community development 

organizations, low-income rural communities, and Federally Recognized Native American Tribes to undertake projects to improve 

housing, community facilities, community and economic development projects in rural areas: Provided further, That such funds 

shall be made available to qualified private, nonprofit and public 

intermediary organizations proposing to carry out a program of 

financial and technical assistance: Provided further, That such intermediary organizations shall provide matching funds from other 

sources, including Federal funds for related activities, in an amount 

not less than funds provided: Provided further, That $14,000,000 

of the amount appropriated under this heading shall be to provide 

grants for facilities in rural communities with extreme unemployment and severe economic depression (Public Law 106–387), with 

up to 5 percent for administration and capacity building in the 

State rural development offices: Provided further, That $4,000,000 

of the amount appropriated under this heading shall be available 

for community facilities grants to tribal colleges, as authorized 

by section 306(a)(19) of such Act: Provided further, That not to 

exceed $1,000,000 of the amount appropriated under this heading 

shall be available through June 30, 2008, for authorized empowerment zones and enterprise communities and communities designated by the Secretary of Agriculture as Rural Economic Area 

Partnership Zones for the rural community programs described 

in section 381E(d)(1) of the Consolidated Farm and Rural Development Act: Provided further, That section 381E–H and 381N of 

the Consolidated Farm and Rural Development Act are not 

applicable to the funds made available under this heading: Provided 

further, That any prior balances in the Rural Development, Rural 

Community Advancement Program account for programs authorized 

by section 306 and described in section 381E(d)(1) of such Act 

be transferred and merged with this account and any other prior 

balances from the Rural Development, Rural Community Advancement Program account that the Secretary determines is appropriate 

to transfer. 

RURAL BUSINESS—COOPERATIVE SERVICE

RURAL BUSINESS PROGRAM ACCOUNT

(INCLUDING TRANSFERS OF FUNDS) 

For the cost of direct loans, loan guarantees, and grants, for 

the rural business development programs authorized by sections 

306 and 310B and described in section 310B(f) and 381E(d)(3) 

of the Consolidated Farm and Rural Development Act, $87,700,000, 

to remain available until expended: Provided, That of the amount 

appropriated under this heading, not to exceed $500,000 shall be 

made available for a grant to a qualified national organization 

to provide technical assistance for rural transportation in order 

to promote economic development and $3,000,000 shall be for grants 

to the Delta Regional Authority (7 U.S.C. 1921 et seq.) for any 

Rural Community Advancement Program purpose as described in 

section 381E(d) of the Consolidated Farm and Rural Development 

Act, of which not more than 5 percent may be used for administrative expenses: Provided further, That $4,000,000 of the amount 

appropriated under this heading shall be for business grants to 


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benefit Federally Recognized Native American Tribes, including 

$250,000 for a grant to a qualified national organization to provide 

technical assistance for rural transportation in order to promote 

economic development: Provided further, That not to exceed 

$8,300,000 of the amount appropriated under this heading shall 

be available through June 30, 2008, for authorized empowerment 

zones and enterprise communities and communities designated by 

the Secretary of Agriculture as Rural Economic Area Partnership 

Zones for the rural business and cooperative development programs 

described in section 381E(d)(3) of the Consolidated Farm and Rural 

Development Act: Provided further, That section 381E–H and 381N 

of the Consolidated Farm and Rural Development Act are not 

applicable to funds made available under this heading: Provided 

further, That any prior balances in the Rural Development, Rural 

Community Advancement Program account for programs authorized 

by sections 306 and 310B and described in section 310B(f) and 

381E(d)(3) of such Act be transferred and merged with this account 

and any other prior balances from the Rural Development, Rural 

Community Advancement Program account that the Secretary 

determines is appropriate to transfer. 

RURAL DEVELOPMENT LOAN FUND PROGRAM ACCOUNT

(INCLUDING TRANSFER OF FUNDS) 

For the principal amount of direct loans, as authorized by 

the Rural Development Loan Fund (42 U.S.C. 9812(a)), $33,772,000. 

For the cost of direct loans, $14,485,000, as authorized by 

the Rural Development Loan Fund (42 U.S.C. 9812(a)), of which 

$1,724,000 shall be available through June 30, 2008, for Federally 

Recognized Native American Tribes and of which $3,449,000 shall 

be available through June 30, 2008, for Mississippi Delta Region 

counties (as determined in accordance with Public Law 100–460): 

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 of the total amount appropriated, $880,000 shall be available through June 30, 2008, for 

the cost of direct loans for authorized empowerment zones and 

enterprise communities and communities designated by the Secretary of Agriculture as Rural Economic Area Partnership Zones. 

In addition, for administrative expenses to carry out the direct 

loan programs, $4,774,000 shall be transferred to and merged with 

the appropriation for ‘‘Rural Development, Salaries and Expenses’’. 

RURAL ECONOMIC DEVELOPMENT LOANS PROGRAM ACCOUNT

(INCLUDING RESCISSION OF FUNDS) 

For the principal amount of direct loans, as authorized under 

section 313 of the Rural Electrification Act, for the purpose of 

promoting rural economic development and job creation projects, 

$33,077,000. 

Of the funds derived from interest on the cushion of credit 

payments, as authorized by section 313 of the Rural Electrification 

Act of 1936, $34,000,000 shall not be obligated and $34,000,000 

are rescinded. 


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RURAL COOPERATIVE DEVELOPMENT GRANTS

For rural cooperative development grants authorized under 

section 310B(e) of the Consolidated Farm and Rural Development 

Act (7 U.S.C. 1932), $28,023,000, of which $495,000 shall be for 

a cooperative research agreement with a qualified academic institution to conduct research on the national economic impact of all 

types of cooperatives; and of which $2,600,000 shall be for cooperative agreements for the appropriate technology transfer for rural 

areas program: Provided, That not to exceed $1,473,000 shall be 

for cooperatives or associations of cooperatives whose primary focus 

is to provide assistance to small, minority producers and whose 

governing board and/or membership is comprised of at least 75 

percent minority; and of which $19,000,000, to remain available 

until expended, shall be for value-added agricultural product market 

development grants, as authorized by section 6401 of the Farm 

Security and Rural Investment Act of 2002 (7 U.S.C. 1621 note). 

RURAL EMPOWERMENT ZONES AND ENTERPRISE COMMUNITIES GRANTS

For grants in connection with empowerment zones and enterprise communities, $8,187,000, to remain available until expended, 

for designated rural empowerment zones and rural enterprise 

communities, as authorized by the Taxpayer Relief Act of 1997 

and the Omnibus Consolidated and Emergency Supplemental 

Appropriations Act, 1999 (Public Law 105–277): Provided, That 

the funds provided under this paragraph shall be made available 

to empowerment zones and enterprise communities in a manner 

and with the same priorities such funds were made available during 

the 2007 fiscal year. 

RENEWABLE ENERGY PROGRAM

For the cost of a program of direct loans, loan guarantees, 

and grants, under the same terms and conditions as authorized 

by section 9006 of the Farm Security and Rural Investment Act 

of 2002 (7 U.S.C. 8106), $36,000,000: Provided, That the cost of 

direct loans and loan guarantees, including the cost of modifying 

such loans, shall be as defined in section 502 of the Congressional 

Budget Act of 1974. 

RURAL UTILITIES SERVICE

RURAL WATER AND WASTE DISPOSAL PROGRAM ACCOUNT

(INCLUDING TRANSFERS OF FUNDS) 

For the cost of direct loans, loan guarantees, and grants for 

the rural water, waste water, waste disposal, and solid waste 

management programs authorized by sections 306, 306A, 306C, 

306D, and 310B and described in sections 306C(a)(2), 306D, and 

381E(d)(2) of the Consolidated Farm and Rural Development Act, 

$562,565,000, to remain available until expended, of which not 

to exceed $500,000 shall be available for the rural utilities program 

described in section 306(a)(2)(B) of such Act, and of which not 

to exceed $1,000,000 shall be available for the rural utilities program described in section 306E of such Act: Provided, That 

$65,000,000 of the amount appropriated under this heading shall 

be for water and waste disposal systems grants authorized by 


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306C(a)(2)(B) and 306D of the Consolidated Farm and Rural 

Development Act and Native Americans authorized by 306C(a)(1): 

Provided further, That the Secretary shall allocate the funds 

described in the previous proviso in a manner consistent with 

the historical allocation for such populations under these authorities: Provided further, That not to exceed $18,500,000 of the amount 

appropriated under this heading shall be for technical assistance 

grants for rural water and waste systems pursuant to section 

306(a)(14) of such Act, unless the Secretary makes a determination 

of extreme need, of which $5,600,000 shall be made available for 

a grant to a qualified non-profit multi-state regional technical assistance organization, with experience in working with small communities on water and waste water problems, the principal purpose 

of such grant shall be to assist rural communities with populations 

of 3,300 or less, in improving the planning, financing, development, 

operation, and management of water and waste water systems, 

and of which not less than $800,000 shall be for a qualified national 

Native American organization to provide technical assistance for 

rural water systems for tribal communities: Provided further, That 

not to exceed $13,750,000 of the amount appropriated under this 

heading shall be for contracting with qualified national organizations for a circuit rider program to provide technical assistance 

for rural water systems: Provided further, That not to exceed 

$12,700,000 of the amount appropriated under this heading shall 

be available through June 30, 2008, for authorized empowerment 

zones and enterprise communities and communities designated by 

the Secretary of Agriculture as Rural Economic Area Partnership 

Zones for the rural utilities programs described in section 381E(d)(2) 

of such Act: Provided further, That $20,000,000 of the amount 

appropriated under this heading shall be transferred to, and merged 

with, the Rural Utilities Service, High Energy Cost Grants Account 

to provide grants authorized under section 19 of the Rural Electrification Act of 1936 (7 U.S.C. 918a): Provided further, That any 

prior year balances for high cost energy grants authorized by section 

19 of the Rural Electrification Act of 1936 (7 U.S.C. 901(19)) shall 

be transferred to and merged with the Rural Utilities Service, 

High Energy Costs Grants Account: Provided further, That section 

381E–H and 381N of the Consolidated Farm and Rural Development Act are not applicable to the funds made available under 

this heading: Provided further, That any prior balances in the 

Rural Development, Rural Community Advancement Program 

account programs authorized by sections 306, 306A, 306C, 306D, 

and 310B and described in sections 306C(a)(2), 306D, and 381E(d)(2) 

of such Act be transferred and merged with this account and any 

other prior balances from the Rural Development, Rural Community 

Advancement Program account that the Secretary determines is 

appropriate to transfer. 

RURAL ELECTRIFICATION AND TELECOMMUNICATIONS LOANS PROGRAM

ACCOUNT

(INCLUDING TRANSFER OF FUNDS) 

The principal amount of direct and guaranteed loans as authorized by section 305 of the Rural Electrification Act of 1936 (7 

U.S.C. 935) shall be made as follows: 5 percent rural electrification 

loans, $100,000,000; loans made pursuant to section 306 of that 

Act, rural electric, $6,500,000,000; guaranteed underwriting loans 


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pursuant to section 313A, $500,000,000; 5 percent rural telecommunications loans, $145,000,000; cost of money rural telecommunications loans, $250,000,000; and for loans made pursuant 

to section 306 of that Act, rural telecommunications loans, 

$295,000,000. 

For the cost, as defined in section 502 of the Congressional 

Budget Act of 1974, including the cost of modifying loans, of direct 

and guaranteed loans authorized by sections 305 and 306 of the 

Rural Electrification Act of 1936 (7 U.S.C. 935 and 936), as follows: 

cost of rural electric loans, $120,000, and the cost of telecommunications loans, $3,620,000: Provided, That notwithstanding section 

305(d)(2) of the Rural Electrification Act of 1936, borrower interest 

rates may exceed 7 percent per year. 

In addition, for administrative expenses necessary to carry 

out the direct and guaranteed loan programs, $38,623,000 which 

shall be transferred to and merged with the appropriation for 

‘‘Rural Development, Salaries and Expenses’’. 

DISTANCE LEARNING, TELEMEDICINE, AND BROADBAND PROGRAM

For the principal amount of broadband telecommunication 

loans, $300,000,000. 

For grants for telemedicine and distance learning services in 

rural areas, as authorized by 7 U.S.C. 950aaa et seq., $35,000,000, 

to remain available until expended: Provided, That $5,000,000 shall 

be made available to convert analog to digital operation those 

noncommercial educational television broadcast stations that serve 

rural areas and are qualified for Community Service Grants by 

the Corporation for Public Broadcasting under section 396(k) of 

the Communications Act of 1934, including associated translators 

and repeaters, regardless of the location of their main transmitter, 

studio-to-transmitter links, and equipment to allow local control 

over digital content and programming through the use of highdefinition broadcast, multi-casting and datacasting technologies. 

For the cost of broadband loans, as authorized by 7 U.S.C. 

901 et seq., $6,450,000, to remain available until expended: Provided, That the cost of direct loans shall be as defined in section 

502 of the Congressional Budget Act of 1974. 

In addition, $13,500,000, to remain available until expended, 

for a grant program to finance broadband transmission in rural 

areas eligible for Distance Learning and Telemedicine Program 

benefits authorized by 7 U.S.C. 950aaa. 

TITLE IV 

DOMESTIC FOOD PROGRAMS 

OFFICE OF THE UNDER SECRETARY FOR FOOD, NUTRITION AND

CONSUMER SERVICES

For necessary expenses of the Office of the Under Secretary 

for Food, Nutrition and Consumer Services to administer the laws 

enacted by the Congress for the Food and Nutrition Service, 

$597,000. 


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FOOD AND NUTRITION SERVICE

CHILD NUTRITION PROGRAMS

(INCLUDING TRANSFERS OF FUNDS) 

For necessary expenses to carry out the Richard B. Russell 

National School Lunch Act (42 U.S.C. 1751 et seq.), except section 

21, and the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.), 

except sections 17 and 21; $13,901,513,000, to remain available 

through September 30, 2009, of which $7,647,965,000 is hereby 

appropriated and $6,253,548,000 shall be derived by transfer from 

funds available under section 32 of the Act of August 24, 1935 

(7 U.S.C. 612c): Provided, That up to $5,505,000 shall be available 

for independent verification of school food service claims. 

SPECIAL SUPPLEMENTAL NUTRITION PROGRAM FOR WOMEN, INFANTS, AND CHILDREN (WIC) 

For necessary expenses to carry out the special supplemental 

nutrition program as authorized by section 17 of the Child Nutrition 

Act of 1966 (42 U.S.C. 1786), $6,020,000,000, to remain available 

through September 30, 2009, of which such sums as are necessary 

to restore the contingency reserve to $150,000,000 shall be placed 

in reserve, to remain available until expended, to be allocated 

as the Secretary deems necessary, notwithstanding section 17(i) 

of such Act, to support participation should cost or participation 

exceed budget estimates: Provided, That of the total amount available, the Secretary shall obligate not less than $15,000,000 for 

a breastfeeding support initiative in addition to the activities specified in section 17(h)(3)(A): Provided further, That only the provisions 

of section 17(h)(10)(B)(i) and section 17(h)(10)(B)(ii) shall be effective 

in 2008; including $14,000,000 for the purposes specified in section 

17(h)(10)(B)(i) and $30,000,000 for the purposes specified in section 

17(h)(10)(B)(ii): Provided further, That funds made available for 

the purposes specified in section 17(h)(10)(B)(ii) shall only be made 

available upon determination by the Secretary that funds are available to meet caseload requirements without the use of the contingency reserve funds after the date of enactment of this Act: Provided 

further, That none of the funds in this Act shall be available 

to pay administrative expenses of WIC clinics except those that 

have an announced policy of prohibiting smoking within the space 

used to carry out the program: Provided further, That none of 

the funds provided in this account shall be available for the purchase of infant formula except in accordance with the cost containment and competitive bidding requirements specified in section 

17 of such Act: Provided further, That none of the funds provided 

shall be available for activities that are not fully reimbursed by 

other Federal Government departments or agencies unless authorized by section 17 of such Act: Provided further, That of the amount 

provided under this paragraph, $400,000,000 is designated as 

described in section 5 (in the matter preceding division A of this 

consolidated Act). 

FOOD STAMP PROGRAM

For necessary expenses to carry out the Food Stamp Act (7 

U.S.C. 2011 et seq.), $39,782,723,000, of which $3,000,000,000 to 

remain available through September 30, 2009, shall be placed in 


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reserve for use only in such amounts and at such times as may 

become necessary to carry out program operations: Provided, That 

funds provided herein shall be expended in accordance with section 

16 of the Food Stamp Act: Provided further, That this appropriation 

shall be subject to any work registration or workfare requirements 

as may be required by law: Provided further, That funds made 

available for Employment and Training under this heading shall 

remain available until expended, as authorized by section 16(h)(1) 

of the Food Stamp Act: Provided further, That notwithstanding 

section 5(d) of the Food Stamp Act of 1977, any additional payment 

received under chapter 5 of title 37, United States Code, by a 

member of the United States Armed Forces deployed to a designated 

combat zone shall be excluded from household income for the duration of the member’s deployment if the additional pay is the result 

of deployment to or while serving in a combat zone, and it was 

not received immediately prior to serving in the combat zone: Provided further, That funds made available under this heading may 

be used to enter into contracts and employ staff to conduct studies, 

evaluations, or to conduct activities related to food stamp program 

integrity provided that such activities are authorized by the Food 

Stamp Act. 

COMMODITY ASSISTANCE PROGRAM

For necessary expenses to carry out disaster assistance and 

the Commodity Supplemental Food Program as authorized by section 4(a) of the Agriculture and Consumer Protection Act of 1973 

(7 U.S.C. 612c note); the Emergency Food Assistance Act of 1983; 

special assistance for the nuclear affected islands, as authorized 

by section 103(f)(2) of the Compact of Free Association Amendments 

Act of 2003 (Public Law 108–188); and the Farmers’ Market Nutrition Program, as authorized by section 17(m) of the Child Nutrition 

Act of 1966, $211,770,000, to remain available through September 

30, 2009: Provided, That none of these funds shall be available 

to reimburse the Commodity Credit Corporation for commodities 

donated to the program: Provided further, That notwithstanding 

any other provision of law, effective with funds made available 

in fiscal year 2008 to support the Seniors Farmers’ Market Nutrition 

Program (SFMNP), such funds shall remain available through September 30, 2009: Provided further, That no funds available for 

SFMNP shall be used to pay State or local sales taxes on food 

purchased with SFMNP coupons or checks: Provided further, That 

the value of assistance provided by the SFMNP shall not be considered income or resources for any purposes under any Federal, 

State or local laws related to taxation, welfare and public assistance 

programs: Provided further, That of the funds made available under 

section 27(a) of the Food Stamp Act of 1977 (7 U.S.C. 2011 et 

seq.), the Secretary may use up to $10,000,000 for costs associated 

with the distribution of commodities. 

NUTRITION PROGRAMS ADMINISTRATION

For necessary administrative expenses of the Food and Nutrition Service, $142,727,000, of which $2,475,000 is for the purpose 

of providing Bill Emerson and Mickey Leland Hunger Fellowships, 

through the Congressional Hunger Center. 

Armed Forces. 


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TITLE V 

FOREIGN ASSISTANCE AND RELATED PROGRAMS 

FOREIGN AGRICULTURAL SERVICE

SALARIES AND EXPENSES

(INCLUDING TRANSFERS OF FUNDS) 

For necessary expenses of the Foreign Agricultural Service, 

including carrying out title VI of the Agricultural Act of 1954 

(7 U.S.C. 1761–1768), market development activities abroad, and 

for enabling the Secretary to coordinate and integrate activities 

of the Department in connection with foreign agricultural work, 

including not to exceed $158,000 for representation allowances and 

for expenses pursuant to section 8 of the Act approved August 

3, 1956 (7 U.S.C. 1766), $159,470,000: Provided, That the Service 

may utilize advances of funds, or reimburse this appropriation 

for expenditures made on behalf of Federal agencies, public and 

private organizations and institutions under agreements executed 

pursuant to the agricultural food production assistance programs 

(7 U.S.C. 1737) and the foreign assistance programs of the United 

States Agency for International Development: Provided further, 

That funds made available for the cost of agreements under title 

I of the Agricultural Trade Development and Assistance Act of 

1954 and for title I ocean freight differential may be used interchangeably between the two accounts with prior notice to the 

Committees on Appropriations of both Houses of Congress. 

PUBLIC LAW 480 TITLE I DIRECT CREDIT AND FOOD FOR PROGRESS

PROGRAM ACCOUNT

(INCLUDING TRANSFERS OF FUNDS) 

For administrative expenses to carry out the credit program 

of title I, Public Law 83–480 and the Food for Progress Act of 

1985, $2,680,000, to be transferred to and merged with the appropriation for ‘‘Farm Service Agency, Salaries and Expenses’’. 

PUBLIC LAW 480 TITLE II GRANTS

For expenses during the current fiscal year, not otherwise 

recoverable, and unrecovered prior years’ costs, including interest 

thereon, under the Agricultural Trade Development and Assistance 

Act of 1954, for commodities supplied in connection with dispositions 

abroad under title II of said Act, $1,219,400,000, to remain available 

until expended. 

COMMODITY CREDIT CORPORATION EXPORT LOANS PROGRAM ACCOUNT

(INCLUDING TRANSFERS OF FUNDS) 

For administrative expenses to carry out the Commodity Credit 

Corporation’s export guarantee program, GSM 102 and GSM 103, 

$5,328,000; to cover common overhead expenses as permitted by 

section 11 of the Commodity Credit Corporation Charter Act and 

in conformity with the Federal Credit Reform Act of 1990, of which 

$4,985,000 may be transferred to and merged with the appropriation 

for ‘‘Foreign Agricultural Service, Salaries and Expenses’’, and of 

Notification. 


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which $343,000 may be transferred to and merged with the appropriation for ‘‘Farm Service Agency, Salaries and Expenses’’. 

MC GOVERN-DOLE INTERNATIONAL FOOD FOR EDUCATION AND CHILD

NUTRITION PROGRAM GRANTS

For necessary expenses to carry out the provisions of section 

3107 of the Farm Security and Rural Investment Act of 2002 

(7 U.S.C. 1736o–1), $100,000,000, to remain available until 

expended: Provided, That the Commodity Credit Corporation is 

authorized to provide the services, facilities, and authorities for 

the purpose of implementing such section, subject to reimbursement 

from amounts provided herein. 

TITLE VI 

RELATED AGENCIES AND FOOD AND DRUG 

ADMINISTRATION 

DEPARTMENT OF HEALTH AND HUMAN SERVICES 

FOOD AND DRUG ADMINISTRATION

SALARIES AND EXPENSES

For necessary expenses of the Food and Drug Administration, 

including hire and purchase of passenger motor vehicles; for payment of space rental and related costs pursuant to Public Law 

92–313 for programs and activities of the Food and Drug Administration which are included in this Act; for rental of special purpose 

space in the District of Columbia or elsewhere; for miscellaneous 

and emergency expenses of enforcement activities, authorized and 

approved by the Secretary and to be accounted for solely on the 

Secretary’s certificate, not to exceed $25,000; and notwithstanding 

section 521 of Public Law 107–188; $2,247,961,000: Provided, That 

of the amount provided under this heading, $459,412,000 shall 

be derived from prescription drug user fees authorized by 21 U.S.C. 

379h shall be credited to this account and remain available until 

expended, and shall not include any fees pursuant to 21 U.S.C. 

379h(a)(2) and (a)(3) assessed for fiscal year 2009 but collected 

in fiscal year 2008; $48,431,000 shall be derived from medical 

device user fees authorized by 21 U.S.C. 379j, and shall be credited 

to this account and remain available until expended; and 

$13,696,000 shall be derived from animal drug user fees authorized 

by 21 U.S.C. 379j, and shall be credited to this account and remain 

available until expended: Provided further, That fees derived from 

prescription drug, medical device, and animal drug assessments 

received during fiscal year 2008, including any such fees assessed 

prior to the current fiscal year but credited during the current 

year, shall be subject to the fiscal year 2008 limitation: Provided 

further, That none of these funds shall be used to develop, establish, 

or operate any program of user fees authorized by 31 U.S.C. 9701: 

Provided further, That of the total amount appropriated: (1) 

$513,461,000 shall be for the Center for Food Safety and Applied 

Nutrition and related field activities in the Office of Regulatory 

Affairs; (2) $682,759,000 shall be for the Center for Drug Evaluation 

and Research and related field activities in the Office of Regulatory 

Affairs, of which no less than $41,900,000 shall be available for 


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the Office of Generic Drugs; (3) $236,985,000 shall be for the Center 

for Biologics Evaluation and Research and for related field activities 

in the Office of Regulatory Affairs; (4) $109,244,000 shall be for 

the Center for Veterinary Medicine and for related field activities 

in the Office of Regulatory Affairs; (5) $267,284,000 shall be for 

the Center for Devices and Radiological Health and for related 

field activities in the Office of Regulatory Affairs; (6) $44,316,000 

shall be for the National Center for Toxicological Research; (7) 

not to exceed $99,922,000 shall be for Rent and Related activities, 

of which $38,808,000 is for White Oak Consolidation, other than 

the amounts paid to the General Services Administration for rent; 

(8) not to exceed $160,094,000 shall be for payments to the General 

Services Administration for rent; and (9) $133,896,000 shall be 

for other activities, including the Office of the Commissioner; the 

Office of Scientific and Medical Programs; the Office of Policy, 

Planning and Preparedness; the Office of International and Special 

Programs; the Office of Operations; and central services for these 

offices: Provided further, That of the amounts made available under 

this heading, $28,000,000 for the Center for Food Safety and Applied 

Nutrition and related field activities in the Office of Regulatory 

Affairs shall be available from July 1, 2008, to September 30, 

2009, for implementation of a comprehensive food safety performance plan: Provided further, That none of the funds made available 

under this heading shall be used to transfer funds under section 

770(n) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 

379dd): Provided further, That funds may be transferred from one 

specified activity to another with the prior approval of the Committees on Appropriations of both Houses of Congress. 

In addition, mammography user fees authorized by 42 U.S.C. 

263b may be credited to this account, to remain available until 

expended. 

In addition, export certification user fees authorized by 21 

U.S.C. 381 may be credited to this account, to remain available 

until expended. 

BUILDINGS AND FACILITIES

For plans, construction, repair, improvement, extension, alteration, and purchase of fixed equipment or facilities of or used 

by the Food and Drug Administration, where not otherwise provided, $2,450,000, to remain available until expended. 

INDEPENDENT AGENCIES 

COMMODITY FUTURES TRADING COMMISSION

For necessary expenses to carry out the provisions of the Commodity Exchange Act (7 U.S.C. 1 et seq.), including the purchase 

and hire of passenger motor vehicles, and the rental of space (to 

include multiple year leases) in the District of Columbia and elsewhere, $112,050,000, including not to exceed $3,000 for official 

reception and representation expenses. 


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FARM CREDIT ADMINISTRATION

LIMITATION ON ADMINISTRATIVE EXPENSES

Not to exceed $46,000,000 (from assessments collected from 

farm credit institutions and from the Federal Agricultural Mortgage 

Corporation) shall be obligated during the current fiscal year for 

administrative expenses as authorized under 12 U.S.C. 2249: Provided, That this limitation shall not apply to expenses associated 

with receiverships. 

TITLE VII 

GENERAL PROVISIONS 

(INCLUDING RESCISSIONS AND TRANSFERS OF FUNDS) 

SEC. 701. Within the unit limit of cost fixed by law, appropriations and authorizations made for the Department of Agriculture 

for the current fiscal year under this Act shall be available for 

the purchase, in addition to those specifically provided for, of not 

to exceed 182 passenger motor vehicles, of which 142 shall be 

for replacement only, and for the hire of such vehicles. 

SEC. 702. New obligational authority provided for the following 

appropriation items in this Act shall remain available until 

expended: Animal and Plant Health Inspection Service, the contingency fund to meet emergency conditions, information technology 

infrastructure, fruit fly program, emerging plant pests, cotton pests 

program, avian influenza programs, grasshopper program, up to 

$9,750,000 in animal health monitoring and surveillance for the 

animal identification system, up to $1,500,000 in the scrapie program for indemnities, up to $3,000,000 in the emergency management systems program for the vaccine bank, up to $1,000,000 

for wildlife services methods development, up to $1,000,000 of the 

wildlife services operations program for aviation safety, and up 

to 25 percent of the screwworm program; Food Safety and Inspection 

Service, Public Health Data Communication Infrastructure System; 

Cooperative State Research, Education, and Extension Service, 

funds for competitive research grants (7 U.S.C. 450i(b)), funds for 

the Research, Education, and Economics Information System, and 

funds for the Native American Institutions Endowment Fund; Farm 

Service Agency, salaries and expenses funds made available to 

county committees; Foreign Agricultural Service, middle-income 

country training program, and up to $2,000,000 of the Foreign 

Agricultural Service appropriation solely for the purpose of offsetting fluctuations in international currency exchange rates, subject 

to documentation by the Foreign Agricultural Service. 

SEC. 703. The Secretary of Agriculture may transfer unobligated 

balances of discretionary funds appropriated by this Act or other 

available unobligated discretionary balances of the Department of 

Agriculture to the Working Capital Fund for the acquisition of 

plant and capital equipment necessary for the financial management modernization initiative and the delivery of financial, administrative, and information technology services of primary benefit to 

the agencies of the Department of Agriculture: Provided, That none 

of the funds made available by this Act or any other Act shall 

be transferred to the Working Capital Fund without the prior 

approval of the agency administrator: Provided further, That none 

7 USC 2209b 

note. 


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of the funds transferred to the Working Capital Fund pursuant 

to this section shall be available for obligation without the prior 

approval of the Committees on Appropriations of both Houses of 

Congress: Provided further, That none of the funds appropriated 

by this Act or made available to the Department’s Working Capital 

Fund shall be available for obligation or expenditure to make any 

changes to the Department’s National Finance Center without prior 

approval of the Committees on Appropriations of both Houses of 

Congress as required by section 713 of this Act. 

SEC. 704. No part of any appropriation contained in this Act 

shall remain available for obligation beyond the current fiscal year 

unless expressly so provided herein. 

SEC. 705. No funds appropriated by this Act may be used 

to pay negotiated indirect cost rates on cooperative agreements 

or similar arrangements between the United States Department 

of Agriculture and nonprofit institutions in excess of 10 percent 

of the total direct cost of the agreement when the purpose of 

such cooperative arrangements is to carry out programs of mutual 

interest between the two parties. This does not preclude appropriate 

payment of indirect costs on grants and contracts with such institutions when such indirect costs are computed on a similar basis 

for all agencies for which appropriations are provided in this Act. 

SEC. 706. None of the funds in this Act shall be available 

to pay indirect costs charged against competitive agricultural 

research, education, or extension grant awards issued by the 

Cooperative State Research, Education, and Extension Service that 

exceed 20 percent of total Federal funds provided under each award: 

Provided, That notwithstanding section 1462 of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 

U.S.C. 3310), funds provided by this Act for grants awarded 

competitively by the Cooperative State Research, Education, and 

Extension Service shall be available to pay full allowable indirect 

costs for each grant awarded under section 9 of the Small Business 

Act (15 U.S.C. 638). 

SEC. 707. Appropriations to the Department of Agriculture for 

the cost of direct and guaranteed loans made available in the 

current fiscal year shall remain available until expended to disburse 

obligations made in the current fiscal year for the following 

accounts: the Rural Development Loan Fund program account, the 

Rural Electrification and Telecommunication Loans program 

account, and the Rural Housing Insurance Fund program account. 

SEC. 708. Of the funds made available by this Act, not more 

than $1,800,000 shall be used to cover necessary expenses of activities related to all advisory committees, panels, commissions, and 

task forces of the Department of Agriculture, except for panels 

used to comply with negotiated rule makings and panels used 

to evaluate competitively awarded grants. 

SEC. 709. None of the funds appropriated by this Act may 

be used to carry out section 410 of the Federal Meat Inspection 

Act (21 U.S.C. 679a) or section 30 of the Poultry Products Inspection 

Act (21 U.S.C. 471). 

SEC. 710. No employee of the Department of Agriculture may 

be detailed or assigned from an agency or office funded by this 

Act to any other agency or office of the Department for more 

than 30 days unless the individual’s employing agency or office 

is fully reimbursed by the receiving agency or office for the salary 

and expenses of the employee for the period of assignment. 


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121 STAT. 1876 PUBLIC LAW 110–161—DEC. 26, 2007 

SEC. 711. None of the funds appropriated or otherwise made 

available to the Department of Agriculture or the Food and Drug 

Administration shall be used to transmit or otherwise make available to any non-Department of Agriculture or non-Department of 

Health and Human Services employee questions or responses to 

questions that are a result of information requested for the appropriations hearing process. 

SEC. 712. None of the funds made available to the Department 

of Agriculture by this Act may be used to acquire new information 

technology systems or significant upgrades, as determined by the 

Office of the Chief Information Officer, without the approval of 

the Chief Information Officer and the concurrence of the Executive 

Information Technology Investment Review Board: Provided, That 

notwithstanding any other provision of law, none of the funds 

appropriated or otherwise made available by this Act may be transferred to the Office of the Chief Information Officer without the 

prior approval of the Committees on Appropriations of both Houses 

of Congress: Provided further, That none of the funds available 

to the Department of Agriculture for information technology shall 

be obligated for projects over $25,000 prior to receipt of written 

approval by the Chief Information Officer. 

SEC. 713. (a) None of the funds provided by this Act, or provided 

by previous Appropriations Acts to the agencies funded by this 

Act that remain available for obligation or expenditure in the current fiscal year, or provided from any accounts in the Treasury 

of the United States derived by the collection of fees available 

to the agencies funded by this Act, shall be available for obligation 

or expenditure through a reprogramming of funds which— 

(1) creates new programs; 

(2) eliminates a program, project, or activity; 

(3) increases funds or personnel by any means for any 

project or activity for which funds have been denied or 

restricted; 

(4) relocates an office or employees; 

(5) reorganizes offices, programs, or activities; or 

(6) contracts out or privatizes any functions or activities 

presently performed by Federal employees; unless the Committees on Appropriations of both Houses of Congress are notified 

15 days in advance of such reprogramming of funds. 

(b) None of the funds provided by this Act, or provided by 

previous Appropriations Acts to the agencies funded by this Act 

that remain available for obligation or expenditure in the current 

fiscal year, or provided from any accounts in the Treasury of the 

United States derived by the collection of fees available to the 

agencies funded by this Act, shall be available for obligation or 

expenditure for activities, programs, or projects through a reprogramming of funds in excess of $500,000 or 10 percent, whichever is less, that: (1) augments existing programs, projects, or 

activities; (2) reduces by 10 percent funding for any existing program, project, or activity, or numbers of personnel by 10 percent 

as approved by Congress; or (3) results from any general savings 

from a reduction in personnel which would result in a change 

in existing programs, activities, or projects as approved by Congress; 

unless the Committees on Appropriations of both Houses of Congress are notified 15 days in advance of such reprogramming of 

funds. 

Notifications. 

Deadlines. 


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PUBLIC LAW 110–161—DEC. 26, 2007 121 STAT. 1877 

(c) The Secretary of Agriculture, the Secretary of Health and 

Human Services, or the Chairman of the Commodity Futures 

Trading Commission shall notify the Committees on Appropriations 

of both Houses of Congress before implementing a program or 

activity not carried out during the previous fiscal year unless the 

program or activity is funded by this Act or specifically funded 

by any other Act. 

SEC. 714. None of the funds appropriated by this or any other 

Act shall be used to pay the salaries and expenses of personnel 

who prepare or submit appropriations language as part of the 

President’s Budget submission to the Congress of the United States 

for programs under the jurisdiction of the Appropriations Subcommittees on Agriculture, Rural Development, Food and Drug 

Administration, and Related Agencies that assumes revenues or 

reflects a reduction from the previous year due to user fees proposals 

that have not been enacted into law prior to the submission of 

the Budget unless such Budget submission identifies which additional spending reductions should occur in the event the user fees 

proposals are not enacted prior to the date of the convening of 

a committee of conference for the fiscal year 2009 appropriations 

Act. 

SEC. 715. Notwithstanding any other provision of law, the 

Natural Resources Conservation Service shall provide financial and 

technical assistance— 

(1) from funds available for the Watershed and Flood 

Prevention Operations program for the Pocasset River Floodplain Management Project in the State of Rhode Island; 

(2) through the Watershed and Flood Prevention Operations program to carry out the East Locust Creek Watershed 

Plan Revision in Missouri, including up to 100 percent of the 

engineering assistance and 75 percent cost share for construction cost of site RW1; 

(3) through the Watershed Flood Prevention Operations 

program to carry out the Little Otter Creek Watershed project. 

The sponsoring local organization may obtain land rights by 

perpetual easements; and 

(4) through the Watershed and Flood Prevention Operations program to the McDowell Grove Dam Flood Plain/Wetlands Restoration Project in DuPage County, Illinois. 

SEC. 716. None of the funds made available by this or any 

other Act may be used to close or relocate a Rural Development 

office unless or until the Secretary of Agriculture determines the 

cost effectiveness and/or enhancement of program delivery: Provided, That not later than 60 days before the date of the proposed 

closure or relocation, the Secretary notifies the Committees on 

Appropriation of the House and Senate, and the members of Congress from the State in which the office is located of the proposed 

closure or relocation and provides a report that describes the justifications for such closures and relocations. 

SEC. 717. None of the funds made available to the Food and 

Drug Administration by this Act shall be used to close or relocate, 

or to plan to close or relocate, the Food and Drug Administration 

Division of Pharmaceutical Analysis in St. Louis, Missouri, outside 

the city or county limits of St. Louis, Missouri. 

SEC. 718. Notwithstanding any other provision of law, of the 

funds made available in this Act for competitive research grants 

(7 U.S.C. 450i(b)), the Secretary may use up to 26 percent of 

Deadline. 

Notification. 


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121 STAT. 1878 PUBLIC LAW 110–161—DEC. 26, 2007 

the amount provided to carry out a competitive grants program 

under the same terms and conditions as those provided in section 

401 of the Agricultural Research, Extension, and Education Reform 

Act of 1998 (7 U.S.C. 7621). 

SEC. 719. None of the funds appropriated or otherwise made 

available by this or any other Act shall be used to pay the salaries 

and expenses of personnel to carry out an environmental quality 

incentives program authorized by chapter 4 of subtitle D of title 

XII of the Food Security Act of 1985 (16 U.S.C. 3839aa et seq.) 

in excess of $1,000,000,000. 

SEC. 720. None of the funds made available in fiscal year 

2008 or preceding fiscal years for programs authorized under the 

Agricultural Trade Development and Assistance Act of 1954 (7 

U.S.C. 1691 et seq.) in excess of $20,000,000 shall be used to 

reimburse the Commodity Credit Corporation for the release of 

eligible commodities under section 302(f)(2)(A) of the Bill Emerson 

Humanitarian Trust Act (7 U.S.C. 1736f–1): Provided, That any 

such funds made available to reimburse the Commodity Credit 

Corporation shall only be used pursuant to section 302(b)(2)(B)(i) 

of the Bill Emerson Humanitarian Trust Act. 

SEC. 721. No funds shall be used to pay salaries and expenses 

of the Department of Agriculture to carry out or administer the 

program authorized by section 14(h)(1) of the Watershed Protection 

and Flood Prevention Act (16 U.S.C. 1012(h)(1)). 

SEC. 722. Notwithstanding subsections (c) and (e)(2) of section 

313A of the Rural Electrification Act (7 U.S.C. 940c(c) and (e)(2)) 

in implementing section 313A of that Act, the Secretary shall, 

with the consent of the lender, structure the schedule for payment 

of the annual fee, not to exceed an average of 30 basis points 

per year for the term of the loan, to ensure that sufficient funds 

are available to pay the subsidy costs for note guarantees under 

that section. 

SEC. 723. None of the funds made available by this Act may 

be used to issue a final rule in furtherance of, or otherwise implement, the proposed rule on cost-sharing for animal and plant health 

emergency programs of the Animal and Plant Health Inspection 

Service published on July 8, 2003 (Docket No. 02–062–1; 68 Fed. 

Reg. 40541). 

SEC. 724. There is hereby appropriated $437,000, to remain 

available until expended, for the Denali Commission to address 

deficiencies in solid waste disposal sites which threaten to contaminate rural drinking water supplies. 

SEC. 725. Funds made available under section 1240I and section 

1241(a) of the Food Security Act of 1985 in the current fiscal 

year shall remain available until expended to disburse obligations 

made in the current fiscal year. Funds made available under section 

524(b) of the Federal Crop Insurance Act, 7 U.S.C. 1524(b), in 

fiscal years 2004, 2005, 2006, 2007, and 2008 shall remain available 

until expended to disburse obligations made in fiscal years 2004, 

2005, 2006, 2007, and 2008 respectively, and except for fiscal year 

2008 funds, are not available for new obligations. 

SEC. 726. None of the funds provided in this Act may be 

used for salaries and expenses to draft or implement any regulation 

or rule insofar as it would require recertification of rural status 

for each electric and telecommunications borrower for the Rural 

Electrification and Telecommunication Loans program. 


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PUBLIC LAW 110–161—DEC. 26, 2007 121 STAT. 1879 

SEC. 727. Unless otherwise authorized by existing law, none 

of the funds provided in this 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. 728. Notwithstanding any other provision of law, any 

former RUS borrower that has repaid or prepaid an insured, direct 

or guaranteed loan under the Rural Electrification Act, or any 

not-for-profit utility that is eligible to receive an insured or direct 

loan under such Act, shall be eligible for assistance under Section 

313(b)(2)(B) of such Act in the same manner as a borrower under 

such Act. 

SEC. 729. Notwithstanding any other provision of law, the 

Secretary of Agriculture is authorized to make funding and other 

assistance available through the emergency watershed protection 

program under section 403 of the Agricultural Credit Act of 1978 

(16 U.S.C. 2203) to repair and prevent damage to non-Federal 

land in watersheds that have been impaired by fires initiated by 

the Federal Government and shall waive cost sharing requirements 

for the funding and assistance. 

SEC. 730. None of the funds made available in this Act may 

be used to study, complete a study of, or enter into a contract 

with a private party to carry out, without specific authorization 

in a subsequent Act of Congress, a competitive sourcing activity 

of the Secretary of Agriculture, including support personnel of the 

Department of Agriculture, relating to rural development or farm 

loan programs. 

SEC. 731. Of the amount available for Estimated Future Needs 

under section 32 of the Act of August 24, 1935, $184,000,000 are 

hereby rescinded: Provided, That in addition, of the unobligated 

balances under section 32 of the Act of August 24, 1935, 

$500,000,000 are hereby rescinded. 

SEC. 732. Of the appropriations available for payments for 

the nutrition and family education program for low-income areas 

under section 3(d) of the Smith-Lever Act (7 U.S.C. 343(d)), if 

the payment allocation pursuant to section 1425(c) of the National 

Agricultural Research, Extension, and Teaching Policy Act of 1977 

(7 U.S.C. 3175(c)) would be less than $100,000 for any institution 

eligible under section 3(d)(2) of the Smith-Lever Act, the Secretary 

shall adjust payment allocations under section 1425(c) of the 

National Agricultural Research, Extension, and Teaching Policy 

Act of 1977 to ensure that each institution receives a payment 

of not less than $100,000. 

SEC. 733. None of the funds made available in this Act may 

be used to establish or implement a rule allowing poultry products 

to be imported into the United States from the People’s Republic 

of China. 

SEC. 734. There is hereby appropriated $3,750,000, to remain 

available until expended, for a grant to the National Center for 

Natural Products Research for construction or renovation to carry 

out the research objectives of the natural products research grant 

issued by the Food and Drug Administration. 

SEC. 735. There is hereby appropriated $150,000, to remain 

available until expended, for the planning and design of construction 

of an agriculture pest facility in the State of Hawaii. 

News stories. 


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121 STAT. 1880 PUBLIC LAW 110–161—DEC. 26, 2007 

SEC. 736. None of the funds made available to the Department 

of Agriculture in this Act may be used to implement the riskbased inspection program in the 30 prototype locations announced 

on February 22, 2007, by the Under Secretary for Food Safety, 

or at any other locations, until the USDA Office of Inspector General 

has provided its findings to the Food Safety and Inspection Service 

and the Committees on Appropriations of the House of Representatives and the Senate on the data used in support of the development 

and design of the risk-based inspection program and FSIS has 

addressed and resolved issues identified by OIG. 

SEC. 737. The Secretary of Agriculture shall continue the Water 

and Waste Systems Direct Loan Program under the authority and 

conditions (including the fees, borrower interest rate, and the President’s economic assumptions for the 2008 Fiscal Year, as of June 

1, 2007) provided by the ‘‘Continuing Appropriations Resolution, 

2007’’. 

SEC. 738. (a) Section 13(b) of the Richard B. Russell National 

School Lunch Act (42 U.S.C. 1761(b)) is amended— 

(1) in paragraph (1)— 

(A) by striking subparagraph (A); 

(B) by redesignating subparagraphs (B) through (D) 

as subparagraphs (A) through (C), respectively; 

(C) in subparagraph (A) (as redesignated by subparagraph (B)), striking ‘‘(B)’’ and all that follows through ‘‘shall 

not exceed’’ and inserting the following: 

‘‘(A) IN GENERAL.—Subject to subparagraph (B) and 

in addition to amounts made available under paragraph 

(3), payments to service institutions shall be’’; 

(D) in subparagraph (B) (as redesignated by subparagraph (B)), by striking ‘‘subparagraph (B)’’ and inserting 

‘‘subparagraph (A)’’; and 

(E) in subparagraph (C) (as redesignated by subparagraph (B)), by striking ‘‘(A), (B), and (C)’’ and inserting 

‘‘(A) and (B)’’; and 

(2) in the second sentence of paragraph (3), by striking 

‘‘full amount of State approved’’ and all that follows through 

‘‘maximum allowable’’. 

(b) CONFORMING AMENDMENT.—Section 18 of the Richard B. 

Russell National School Lunch Act (42 U.S.C. 1769) is amended— 

(1) by striking subsection (f); and 

(2) by redesignating subsections (g) through (k) as subsections (f) through (j), respectively. 

(c) EFFECTIVE DATE.—The amendments made by this section 

take effect on January 1 of the first full calendar year following 

the date of enactment of this Act. 

SEC. 739. There is hereby appropriated $9,900,000, to remain 

available until September 30, 2009, which, in conjunction with 

all unobligated balances available to the Secretary under section 

18(g) of the Richard B. Russell National School Lunch Act (42 

U.S.C. 1769(g)) shall be used to continue the Fresh Fruit and 

Vegetable Program (42 U.S.C. 1769(g)) in all currently participating 

States and expand the program to all the contiguous States and, 

Alaska, Hawaii and the District of Columbia not currently served 

by the authorized program: Provided, That of funds available under 

this section, not to exceed 5 percent may be available for Federal 

administrative costs, as determined by the Secretary of Agriculture: 

Provided further, That for the purposes of this section, ‘‘currently 

42 USC 1761 

note. 


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PUBLIC LAW 110–161—DEC. 26, 2007 121 STAT. 1881 

participating States’’ shall be defined as those authorized to participate under section 18(g) of the Richard B. Russell National School 

Lunch Act (42 U.S.C. 1769(g)) as well as those authorized to participate under section 779 of Public Law 109–97: Provided further, 

That implementation of the program in new States shall begin 

with school year 2008/2009. 

SEC. 740. Section 704 of the Department of Agriculture Organic 

Act of 1944 (7 U.S.C. 2258) is amended by striking the first proviso. 

SEC. 741. None of the funds made available in this Act may 

be used to pay the salaries or expenses of personnel to— 

(1) inspect horses under section 3 of the Federal Meat 

Inspection Act (21 U.S.C. 603); 

(2) inspect horses under section 903 of the Federal Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 1901 

note; Public Law 104–127); or 

(3) implement or enforce section 352.19 of title 9, Code 

of Federal Regulations. 

SEC. 742. There is hereby appropriated $800,000 to the Farm 

Service Agency to carry out a pilot program to demonstrate the 

use of new technologies that increase the rate of growth of reforested hardwood trees on private non-industrial forests lands, 

enrolling lands on the coast of the Gulf of Mexico that were damaged 

by Hurricane Katrina in 2005. 

SEC. 743. (a) Sections 9001(a) and 9002 of the U.S. Troop 

Readiness, Veterans’ Care, Katrina Recovery, and Iraq Accountability Appropriations Act, 2007 (Public Law 110–28; 121 Stat. 

211, 214) are amended by striking ‘‘February 28, 2007’’ each place 

it occurs and inserting ‘‘December 31, 2007’’. 

(b) There is hereby appropriated $20,000,000 for the ‘‘Farm 

Service Agency, Salaries and Expenses’’. 

(c) Each amount provided by this section is designated as 

described in section 5 (in the matter preceding division A of this 

consolidated Act). 

SEC. 744. Section 17(r)(5) of the Richard B. Russell National 

School Lunch Act (42 U.S.C. 1766(r)(5)) is amended— 

(1) by striking ‘‘seven’’ and inserting ‘‘eight’’; 

(2) by striking ‘‘five’’ and inserting ‘‘six’’; and 

(3) by inserting ‘‘West Virginia,’’ after the first instance 

of ‘‘States shall be’’. 

SEC. 745. Hereafter, notwithstanding any other provision of 

law, of the funds made available for the Commodity Assistance 

Program under division B of Public Law 109–148, Emergency 

Supplemental Appropriations to Address Hurricanes in the Gulf 

of Mexico and Pandemic Influenza, 2006, all unexpended funds 

shall be made available to support normal program operations 

of the Commodity Supplemental Food Program under the Agriculture and Consumer Protection Act of 1973 and of the Emergency 

Food Assistance Program under the Emergency Food Assistance 

Act of 1983: Provided, That any commodities purchased with funds 

made available under Public Law 109–148 and remaining undistributed shall be used to support normal program operations under 

the authorities cited in this section. 

SEC. 746. Notwithstanding any other provision of law, and 

until receipt of the decennial Census for the year 2010, the Secretary of Agriculture shall consider— 

(1) the City of Alamo, Texas; the City of Mercedes, Texas; 

the City of Weslaco, Texas; the City of Donna, Texas; the 

State listing. 


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121 STAT. 1882 PUBLIC LAW 110–161—DEC. 26, 2007 

City of La Feria, Texas; and the City of Northampton, 

Massachusetts, (including individuals and entities with projects 

within the cities) eligible for loans and grants funded through 

the Rural Business Program account; 

(2) the City of Bainbridge Island, Washington; the City 

of Keene, New Hampshire; and the City of Havelock, North 

Carolina, (including individuals and entities with projects 

within the cities) eligible for loans and grants funded through 

the Rural Community Facilities Program account; 

(3) the City of Freeport, Illinois; Kitsap County (except 

the City of Bremerton), Washington; the City of Atascadero, 

California; and the City of Paso Robles, California, (including 

individuals and entities with projects within the cities) eligible 

for loans and grants funded through the Rural Housing Insurance Fund Program account and the Rural Housing Assistance 

Grants account; 

(4) the City of Canton, Mississippi, (including individuals 

and entities with projects within the cities) eligible for loans 

and grants funded through the Rural Water and Waste Disposal 

Program account; 

(5) the City of Parsons, Kansas; the Town of Boone, North 

Carolina; the City of Henderson, North Carolina; and the City 

of Lenoir, North Carolina, to be rural areas for the purposes 

of eligibility for loans and grants funded through the Rural 

Water and Waste Disposal Program account; 

(6) the City of Lansing, Kansas, a rural area for purposes 

of eligibility for Rural Housing Service programs, and the City 

of Leavenworth, Kansas, and the City of Lansing, Kansas, 

as separate geographic entities for purposes of Rural Development grants and loans; 

(7) the City of Binghamton, New York, for the purpose 

of upgrading a trunk line for waste transport to the Town 

of Conklin, New York, (including individuals and entities with 

projects within the cities) eligible for loans and grants funded 

through the Rural Water and Waste Disposal Program account; 

(8) the County of Lexington, South Carolina, shall be 

considered to be a rural area for the purposes of financing 

a farmers’ market under the Business and Industry Loan Guarantee Program in a local area that has rural characteristics 

as determined by the Secretary; and 

(9) the service areas being acquired by Mid-Kansas Electric 

Cooperative, except for the City of Dodge City, Kansas, shall 

be considered eligible for financing under the Rural Electrification Act of 1936, as amended. 

SEC. 747. None of the funds made available in this Act may 

be used— 

(1) to terminate any of the 13 field laboratories that are 

operated by the Food and Drug Administration as of January 

1, 2007, or 20 District Offices, or any of the inspection or 

compliance functions of any of the 20 District Offices, of the 

Food and Drug Administration functioning as of January 1, 

2007; or 

(2) to consolidate any such laboratory with any other laboratory, or any such District Office, or any of the inspection 

or compliance functions of any District Office, with any other 

District Office. 


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PUBLIC LAW 110–161—DEC. 26, 2007 121 STAT. 1883 

SEC. 748. Hereafter, the Secretary may use funds made available in chapter 1 of division B of Public Law 109–148 for direct 

and guaranteed loans under title V of the Housing Act of 1949, 

to make or guarantee loans, as authorized under such Act, to 

finance housing and repairs to housing in rural areas affected 

by hurricanes that occurred during the 2005 calendar year. 

SEC. 749. Of the unobligated balances provided pursuant to 

section 16(h)(1)(A) of the Food Stamp Act of 1977, $10,500,000 

is hereby rescinded. 

SEC. 750. Of the unobligated balances available in the Child 

and Adult Care Food Program for the purpose of conducting audits 

of participating institutions as provided for under section 796 of 

Public Law 109–97, $3,500,000 is hereby rescinded. 

SEC. 751. EXTENSION OF AGRICULTURAL PROGRAMS. 

(a) EXTENSION.—Except as otherwise provided in this Act and 

notwithstanding any other provision of law, the authorities provided 

under the Farm Security and Rural Investment Act of 2002 (Public 

Law 107–171; 7 U.S.C. 7901 et seq.) and each amendment made 

by that Act (and for mandatory programs at such funding levels), 

as in effect on September 30, 2007, shall continue, and the Secretary 

of Agriculture shall carry out the authorities, until March 15, 2008. 

(b) CONSERVATION PROGRAMS.— 

(1) FARMLAND PROTECTION PROGRAM.—Notwithstanding 

any other provision of law, the Secretary of Agriculture 

(referred to in this subsection as the ‘‘Secretary’’) shall continue 

the farmland protection program established under subchapter 

B of chapter 2 of subtitle D of title XII of the Food Security 

Act of 1985 (16 U.S.C. 3838h et seq.) at a funding level of 

$97,000,000 per year. 

(2) GROUND AND SURFACE WATER CONSERVATION.—Notwithstanding any other provision of law, the Secretary shall continue the ground and surface water conservation program established under section 1240I of the Food Security Act of 1985 

(16 U.S.C. 3839aa–9) at a funding level of $60,000,000 per 

year. 

(3) WILDLIFE HABITAT INCENTIVES PROGRAM.—Notwithstanding any other provision of law, the Secretary shall continue the wildlife habitat incentive program established under 

section 1240N of the Food Security Act of 1985 (16 U.S.C. 

3839bb–1) at a funding level of $85,000,000 per year. 

(c) EXCEPTIONS.—This section does not apply with respect to— 

(1) section 1307(a)(6) of the Farm Security and Rural 

Investment Act of 2002 (7 U.S.C. 7957(a)(6)); 

(2) section 524(b) of the Federal Crop Insurance Act (7 

U.S.C. 1524(b)); 

(3) section 25 of the Food Stamp Act of 1977 (7 U.S.C. 

2034); 

(4) title VI of the Rural Electrification Act of 1936 (7 

U.S.C. 950bb et seq.); 

(5) section 231 of the Agricultural Risk Protection Act 

of 2000 (7 U.S.C. 1621 note; Public Law 106–224); 

(6) section 9002 of the Farm Security and Rural Investment 

Act of 2002 (7 U.S.C. 8102); 

(7) section 9004 of the Farm Security and Rural Investment 

Act of 2002 (7 U.S.C. 8104); 


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121 STAT. 1884 PUBLIC LAW 110–161—DEC. 26, 2007 

(8) section 9006 of the Farm Security and Rural Investment 

Act of 2002 (7 U.S.C. 8106); and 

(9) subtitles A through C of title I of the Farm Security 

and Rural Investment Act of 2002 (7 U.S.C. 7911 et seq.), 

with respect to the 2008 crops (other than the 2008 crop of 

a loan commodity described in paragraph (11), (12), or (13) 

of section 1202(b) of the Farm Security and Rural Investment 

Act of 2002 (7 U.S.C. 7932(b))). 

SEC. 752. (a) Except as provided in subsection (c), there is 

hereby rescinded an amount equal to 0.7 percent of the budget 

authority provided for fiscal year 2008 for any discretionary account 

in division A of this Act. 

(b) Any rescission made by subsection (a) shall be applied 

proportionately— 

(1) to each discretionary account and each item of budget 

authority described in subsection (a); and 

(2) within each such account and item, to each program, 

project, and activity (with programs, projects, and activities 

as delineated in the appropriation Act, accompanying reports, 

or explanatory statement for the relevant fiscal year covering 

such account or item). 

(c) The rescission in subsection (a) shall not apply to budget 

authority appropriated or otherwise made available by this Act 

in the following amounts in the following activities or accounts: (1) $6,020,000,000 provided for the Special Supplemental 

Nutrition Program for Women, Infants, and Children (WIC) 

in the Department of Agriculture in division A. (2) $930,120,000 provided for the Food Safety and Inspection Service in the Department of Agriculture in division A. 

(3) Any amount designated as described in section 5 (in 

the matter preceding division A of this consolidated Act). 

(d) Not later than 30 days after the date of enactment of 

this Act, the Director of the Office of Management and Budget 

shall submit to the Committee on Appropriations of the Senate 

and the Committee on Appropriations of the House of Representatives a report that specifies the account and amount of each rescission made pursuant to this section. 

This division may be cited as the ‘‘Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2008’’. 

DIVISION B—COMMERCE, JUSTICE, SCIENCE, AND 

RELATED AGENCIES APPROPRIATIONS ACT, 2008 

TITLE I 

DEPARTMENT OF COMMERCE 

INTERNATIONAL TRADE ADMINISTRATION

OPERATIONS AND ADMINISTRATION

For necessary expenses for international trade activities of 

the Department of Commerce provided for by law, and for engaging 

in trade promotional activities abroad, including expenses of grants 

and cooperative agreements for the purpose of promoting exports 

of United States firms, without regard to 44 U.S.C. 3702 and 

3703; full medical coverage for dependent members of immediate 

Department of 

Commerce 

Appropriations 

Act, 2008. 

Commerce, 

Justice, Science, 

and Related 

Agencies 

Appropriations 

Act, 2008. 

Deadline. 

Reports. 

Applicability. 

Recission. 


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PUBLIC LAW 110–161—DEC. 26, 2007 121 STAT. 1885 

families of employees stationed overseas and employees temporarily 

posted overseas; travel and transportation of employees of the 

United States and Foreign Commercial Service between two points 

abroad, without regard to 49 U.S.C. 40118; employment of Americans and aliens by contract for services; rental of space abroad 

for periods not exceeding 10 years, and expenses of alteration, 

repair, or improvement; purchase or construction of temporary 

demountable exhibition structures for use abroad; payment of tort 

claims, in the manner authorized in the first paragraph of 28 

U.S.C. 2672 when such claims arise in foreign countries; not to 

exceed $327,000 for official representation expenses abroad; purchase of passenger motor vehicles for official use abroad, not to 

exceed $45,000 per vehicle; obtaining insurance on official motor 

vehicles; and rental of tie lines, $413,172,000, to remain available 

until September 30, 2009, of which $8,000,000 is to be derived 

from fees to be retained and used by the International Trade 

Administration, notwithstanding 31 U.S.C. 3302: Provided, That 

$40,520,923 shall be for Manufacturing and Services; $41,384,054 

shall be for Market Access and Compliance; $62,712,833 shall be 

for the Import Administration of which $5,900,000 shall be for 

the Office of China Compliance; $236,945,290 shall be for the United 

States and Foreign Commercial Service; and $25,146,400 shall be 

for Executive Direction and Administration: Provided further, That 

the provisions of the first sentence of section 105(f) and all of 

section 108(c) of the Mutual Educational and Cultural Exchange 

Act of 1961 (22 U.S.C. 2455(f) and 2458(c)) shall apply in carrying 

out these activities without regard to section 5412 of the Omnibus 

Trade and Competitiveness Act of 1988 (15 U.S.C. 4912); and that 

for the purpose of this Act, contributions under the provisions 

of the Mutual Educational and Cultural Exchange Act of 1961 

shall include payment for assessments for services provided as 

part of these activities: Provided further, That the International 

Trade Administration shall be exempt from the requirements of 

Circular A–25 (or any successor administrative regulation or policy) 

issued by the Office of Management and Budget: Provided further, 

That negotiations shall be conducted within the World Trade 

Organization to recognize the right of members to distribute monies 

collected from antidumping and countervailing duties: Provided further, That negotiations shall be conducted within the World Trade 

Organization consistent with the negotiating objectives contained 

in the Trade Act of 2002, Public Law 107–210. 

BUREAU OF INDUSTRY AND SECURITY

OPERATIONS AND ADMINISTRATION

For necessary expenses for export administration and national 

security activities of the Department of Commerce, including costs 

associated with the performance of export administration field 

activities both domestically and abroad; full medical coverage for 

dependent members of immediate families of employees stationed 

overseas; employment of Americans and aliens by contract for services abroad; payment of tort claims, in the manner authorized 

in the first paragraph of 28 U.S.C. 2672 when such claims arise 

in foreign countries; not to exceed $15,000 for official representation 

expenses abroad; awards of compensation to informers under the 

Export Administration Act of 1979, and as authorized by 22 U.S.C. 

Negotiations. 

Exemption. 

Applicability. 


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401(b); and purchase of passenger motor vehicles for official use 

and motor vehicles for law enforcement use with special requirement vehicles eligible for purchase without regard to any price 

limitation otherwise established by law, $72,855,000, to remain 

available until expended, of which $13,627,000 shall be for inspections and other activities related to national security: Provided, 

That the provisions of the first sentence of section 105(f) and all 

of section 108(c) of the Mutual Educational and Cultural Exchange 

Act of 1961 (22 U.S.C. 2455(f) and 2458(c)) shall apply in carrying 

out these activities: Provided further, That payments and contributions collected and accepted for materials or services provided as 

part of such activities may be retained for use in covering the 

cost of such activities, and for providing information to the public 

with respect to the export administration and national security 

activities of the Department of Commerce and other export control 

programs of the United States and other governments. 

ECONOMIC DEVELOPMENT ADMINISTRATION

ECONOMIC DEVELOPMENT ASSISTANCE PROGRAMS

For grants for economic development assistance as provided 

by the Public Works and Economic Development Act of 1965, and 

for trade adjustment assistance, $249,100,000, to remain available 

until expended. 

SALARIES AND EXPENSES

For necessary expenses of administering the economic develop- ment assistance programs as provided for by law, $30,832,000: 

Provided, That these funds may be used to monitor projects 

approved pursuant to title I of the Public Works Employment 

Act of 1976, title II of the Trade Act of 1974, and the Community 

Emergency Drought Relief Act of 1977. 

MINORITY BUSINESS DEVELOPMENT AGENCY

MINORITY BUSINESS DEVELOPMENT

For necessary expenses of the Department of Commerce in 

fostering, promoting, and developing minority business enterprise, 

including expenses of grants, contracts, and other agreements with 

public or private organizations, $28,623,000. 

ECONOMIC AND STATISTICAL ANALYSIS

SALARIES AND EXPENSES

For necessary expenses, as authorized by law, of economic 

and statistical analysis programs of the Department of Commerce, 

$81,075,000, to remain available until September 30, 2009. 

BUREAU OF THE CENSUS

SALARIES AND EXPENSES

For expenses necessary for collecting, compiling, analyzing, preparing, and publishing statistics, provided for by law, $202,838,000. 

Applicability. 


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PUBLIC LAW 110–161—DEC. 26, 2007 121 STAT. 1887 

PERIODIC CENSUSES AND PROGRAMS

For necessary expenses to collect and publish statistics for 

periodic censuses and programs provided for by law, $1,027,406,000, 

to remain available until September 30, 2009: Provided, That none 

of the funds provided in this or any other Act for any fiscal year 

may be used for the collection of census data on race identification 

that does not include ‘‘some other race’’ as a category. 

NATIONAL TELECOMMUNICATIONS AND INFORMATION

ADMINISTRATION

SALARIES AND EXPENSES

For necessary expenses, as provided for by law, of the National 

Telecommunications and Information Administration (NTIA), 

$17,466,000, to remain available until September 30, 2009: Provided, That, notwithstanding 31 U.S.C. 1535(d), the Secretary of 

Commerce shall charge Federal agencies for costs incurred in spectrum management, analysis, and operations, and related services 

and such fees shall be retained and used as offsetting collections 

for costs of such spectrum services, to remain available until 

expended: Provided further, That the Secretary of Commerce is 

authorized to retain and use as offsetting collections all funds 

transferred, or previously transferred, from other Government agencies for all costs incurred in telecommunications research, 

engineering, and related activities by the Institute for Telecommunication Sciences of NTIA, in furtherance of its assigned functions 

under this paragraph, and such funds received from other Government agencies shall remain available until expended. 

PUBLIC TELECOMMUNICATIONS FACILITIES, PLANNING AND

CONSTRUCTION

For the administration of grants authorized by section 392 

of the Communications Act of 1934, $18,800,000, to remain available 

until expended as authorized by section 391 of the Act: Provided, 

That not to exceed $2,000,000 shall be available for program 

administration as authorized by section 391 of the Act: Provided 

further, That, notwithstanding the provisions of section 391 of the 

Act, the prior year unobligated balances may be made available 

for grants for projects for which applications have been submitted 

and approved during any fiscal year. 

UNITED STATES PATENT AND TRADEMARK OFFICE

SALARIES AND EXPENSES

For necessary expenses of the United States Patent and Trademark Office provided for by law, including defense of suits instituted 

against the Under Secretary of Commerce for Intellectual Property 

and Director of the United States Patent and Trademark Office, 

$1,915,500,000, to remain available until expended: Provided, That 

the sum herein appropriated from the general fund shall be reduced 

as offsetting collections assessed and collected pursuant to 15 U.S.C. 

1113 and 35 U.S.C. 41 and 376 are received during fiscal year 

2008, so as to result in a fiscal year 2008 appropriation from 

the general fund estimated at $0: Provided further, That during 

13 USC 5 note. 


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fiscal year 2008, should the total amount of offsetting fee collections 

be less than $1,915,500,000, this amount shall be reduced accordingly: Provided further, That any amount received in excess of $1,915,500,000 in fiscal year 2008, in an amount up to $100,000,000, 

shall remain available until expended: Provided further, That not 

less than 1,020 full-time equivalents, 1,082 positions and 

$214,150,000 shall be for the examination of trademark applications; and not less than 8,522 full-time equivalents, 9,000 positions 

and $1,701,402,000 shall be for the examination and searching 

of patent applications: Provided further, That not less than 

$16,015,000 shall be for training of personnel: Provided further, That $1,000,000 may be transferred to ‘‘Departmental Management’’, ‘‘Salaries and Expenses’’ for activities associated with the 

National Intellectual Property Law Enforcement Coordination 

Council: Provided further, That any deviation from the full-time 

equivalent, position, and funding designations set forth in the preceding provisos shall be subject to the procedures set forth in 

section 505 of this Act: Provided further, That from amounts pro- vided herein, not to exceed $1,000 shall be made available in 

fiscal year 2008 for official reception and representation expenses: 

Provided further, That in fiscal year 2008, from the amounts made 

available for ‘‘Salaries and Expenses’’ for the United States Patent 

and Trademark Office (PTO), the amounts necessary to pay: (1) 

the difference between the percentage of basic pay contributed 

by the PTO and employees under section 8334(a) of title 5, United 

States Code, and the normal cost percentage (as defined by section 

8331(17) of that title) of basic pay, of employees subject to subchapter III of chapter 83 of that title; and (2) the present value 

of the otherwise unfunded accruing costs, as determined by the 

Office of Personnel Management, of post-retirement life insurance 

and post-retirement health benefits coverage for all PTO employees, 

shall be transferred to the Civil Service Retirement and Disability 

Fund, the Employees Life Insurance Fund, and the Employees 

Health Benefits Fund, as appropriate, and shall be available for 

the authorized purposes of those accounts: Provided further, That 

sections 801, 802, and 803 of division B, Public Law 108–447 

shall remain in effect during fiscal year 2008: Provided further, 

That the Director may reduce patent filing fees payable in 2008 

for documents filed electronically consistent with Federal regulation. 

NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY

SCIENTIFIC AND TECHNICAL RESEARCH AND SERVICES

For necessary expenses of the National Institute of Standards 

and Technology, $440,517,000, to remain available until expended, 

of which not to exceed $6,580,000 may be transferred to the 

‘‘Working Capital Fund’’: Provided, That not to exceed $5,000 shall 

be for official reception and representation expenses. 

INDUSTRIAL TECHNOLOGY SERVICES

For necessary expenses of the Hollings Manufacturing Extension Partnership of the National Institute of Standards and Technology, $89,640,000, to remain available until expended. 

In addition, for necessary expenses of the Technology Innovation Program of the National Institute of Standards and Technology, 

$65,200,000, to remain available until expended: Provided, That 

35 USC 41 note. 


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PUBLIC LAW 110–161—DEC. 26, 2007 121 STAT. 1889 

of the $70,200,000 provided for in direct obligations under this 

heading, $65,200,000 is appropriated from the general fund and 

$5,000,000 is derived from recoveries of prior year obligations from 

the Advanced Technology Program. 

CONSTRUCTION OF RESEARCH FACILITIES

For construction of new research facilities, including architectural and engineering design, and for renovation and maintenance 

of existing facilities including agency recreational and welfare facilities, not otherwise provided for the National Institute of Standards 

and Technology, as authorized by 15 U.S.C. 278c–278e, 

$160,490,000, to remain available until expended, of which 

$30,080,000 is for a competitive construction grant program for 

research science buildings: Provided, That the Secretary of Commerce shall include in the budget justification materials that the 

Secretary submits to Congress in support of the Department of 

Commerce budget (as submitted with the budget of the President 

under section 1105(a) of title 31, United States Code) an estimate 

for each National Institute of Standards and Technology construction project having a total multi-year program cost of more than 

$5,000,000 and simultaneously the budget justification materials 

shall include an estimate of the budgetary requirements for each 

such project for each of the five subsequent fiscal years: Provided 

further, That notwithstanding any other provision of law, of the 

amount made available for construction of research facilities, 

$7,332,000 shall be for the University of Mississippi Medical Center 

Biotechnology Research Park; $7,332,000 shall be for the Mississippi 

State University Research, Technology and Economic Development 

Park; $1,598,000 shall be for the University of Southern Mississippi 

Innovation and Commercialization Park Infrastructure and 

Building Construction and Equipage; $5,000,000 shall be for the 

Alabama State University Life Sciences Building; and $30,000,000 

shall be for laboratory and research space at the University of 

South Alabama Engineering and Science Center. 

NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION

OPERATIONS, RESEARCH, AND FACILITIES

(INCLUDING TRANSFERS OF FUNDS) 

For necessary expenses of activities authorized by law for the 

National Oceanic and Atmospheric Administration, including 

maintenance, operation, and hire of aircraft and vessels; grants, 

contracts, or other payments to nonprofit organizations for the 

purposes of conducting activities pursuant to cooperative agreements; and relocation of facilities, $2,856,277,000, to remain available until September 30, 2009, except for funds provided for cooperative enforcement, which shall remain available until September 

30, 2010: Provided, That fees and donations received by the National 

Ocean Service for the management of national marine sanctuaries 

may be retained and used for the salaries and expenses associated 

with those activities, notwithstanding 31 U.S.C. 3302: Provided 

further, That in addition, $3,000,000 shall be derived by transfer 

from the fund entitled ‘‘Coastal Zone Management’’ and in addition 

$77,000,000 shall be derived by transfer from the fund entitled 

‘‘Promote and Develop Fishery Products and Research Pertaining 

Budget estimate. 

15 USC 1513b 

note. 


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to American Fisheries’’: Provided further, That of the $2,941,277,000 

provided for in direct obligations under this heading $2,856,277,000 

is appropriated from the general fund, $80,000,000 is provided 

by transfer, and $5,000,000 is derived from recoveries of prior 

year obligations: Provided further, That of the funds provided under this heading, $235,000 is made available until expended subject 

to procedures set forth in section 209 of Public Law 108–447: 

Provided further, That the total amount available for the National 

Oceanic and Atmospheric Administration corporate services 

administrative support costs shall not exceed $206,484,000: Provided further, That payments of funds made available under this 

heading to the Department of Commerce Working Capital Fund 

including Department of Commerce General Counsel legal services 

shall not exceed $34,164,000: Provided further, That any deviation 

from the amounts designated for specific activities in the report 

accompanying this Act, or any use of deobligated balances of funds 

provided under this heading in previous years, shall be subject 

to the procedures set forth in section 505 of this Act: Provided 

further, That grants to States pursuant to sections 306 and 306A 

of the Coastal Zone Management Act of 1972, as amended, shall 

not exceed $2,000,000, unless funds provided for ‘‘Coastal Zone 

Management Grants’’ exceed funds provided in the previous fiscal 

year: Provided further, That if funds provided for ‘‘Coastal Zone 

Management Grants’’ exceed funds provided in the previous fiscal 

year, then no State shall receive more than 5 percent or less 

than 1 percent of the additional funds: Provided further, That 

the Administrator of the National Oceanic and Atmospheric 

Administration may engage in formal and informal education activities, including primary and secondary education, related to the 

agency’s mission goals: Provided further, That in accordance with 

section 215 of Public Law 107–372 the number of officers in the 

NOAA Commissioned Officer Corps shall increase to 321: Provided 

further, That of the funds provided, $13,395,000 is provided for 

the alleviation of economic impacts associated with Framework 

42 on the Massachusetts groundfish fishery. 

In addition, for necessary retired pay expenses under the 

Retired Serviceman’s Family Protection and Survivor Benefits Plan, 

and for payments for the medical care of retired personnel and 

their dependents under the Dependents Medical Care Act (10 U.S.C. 

ch. 55), such sums as may be necessary. 

PROCUREMENT, ACQUISITION AND CONSTRUCTION

For procurement, acquisition and construction of capital assets, 

including alteration and modification costs, of the National Oceanic 

and Atmospheric Administration, $979,207,000, to remain available 

until September 30, 2010, except funds provided for construction 

of facilities which shall remain available until expended: Provided, 

That of the amounts provided for the National Polar-orbiting Operational Environmental Satellite System, funds shall only be made 

available on a dollar-for-dollar matching basis with funds provided 

for the same purpose by the Department of Defense: Provided 

further, That except to the extent expressly prohibited by any 

other law, the Department of Defense may delegate procurement 

functions related to the National Polar-orbiting Operational 

Environmental Satellite System to officials of the Department of 

Commerce pursuant to section 2311 of title 10, United States Code: 

Provided further, That any deviation from the amounts designated 

Government 

organization. 

Grants. 


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for specific activities in the report accompanying this Act, or any 

use of deobligated balances of funds provided under this heading 

in previous years, shall be subject to the procedures set forth 

in section 505 of this Act. 

PACIFIC COASTAL SALMON RECOVERY

For necessary expenses associated with the restoration of Pacific salmon populations, $67,000,000, to remain available until 

September 30, 2009. 

COASTAL ZONE MANAGEMENT FUND

(INCLUDING TRANSFER OF FUNDS) 

Of amounts collected pursuant to section 308 of the Coastal 

Zone Management Act of 1972 (16 U.S.C. 1456a), not to exceed 

$3,000,000 shall be transferred to the ‘‘Operations, Research, and 

Facilities’’ account to offset the costs of implementing such Act. 

FISHERIES FINANCE PROGRAM ACCOUNT

Subject to section 502 of the Congressional Budget Act of 1974, 

during fiscal year 2008, obligations of direct loans may not exceed 

$8,000,000 for Individual Fishing Quota loans and not to exceed 

$59,000,000 for traditional direct loans as authorized by the Merchant Marine Act of 1936: Provided, That none of the funds made 

available under this heading may be used for direct loans for 

any new fishing vessel that will increase the harvesting capacity 

in any United States fishery. 

DEPARTMENTAL MANAGEMENT

SALARIES AND EXPENSES

For expenses necessary for the departmental management of 

the Department of Commerce provided for by law, including not 

to exceed $5,000 for official entertainment, $44,294,000: Provided, 

That the Secretary, within 120 days of enactment of this Act, 

shall provide a report to the Committees on Appropriations that 

audits and evaluates all decision documents and expenditures by 

the Bureau of the Census as they relate to the 2010 Census: 

Provided further, That of the amounts provided to the Secretary within this account, $10,000,000 shall not become available for 

obligation until the Secretary certifies to the Committees on Appropriations that the Bureau of the Census has followed, and met 

all best practices, and all Office of Management and Budget guidelines related to information technology projects. 

HCHB RENOVATION AND MODERNIZATION

For expenses necessary for the renovation and modernization of the Herbert C. Hoover Building, $3,722,000, to remain available 

until expended. 

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 

(5 U.S.C. App.), $22,020,000. 

Certification. 

Deadline. 

Reports. 


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GENERAL PROVISIONS—DEPARTMENT OF COMMERCE

(INCLUDING TRANSFER OF FUNDS) 

SEC. 101. During the current fiscal year, applicable appropriations and funds made available to the Department of Commerce 

by this Act shall be available for the activities specified in the 

Act of October 26, 1949 (15 U.S.C. 1514), to the extent and in 

the manner prescribed by the Act, and, notwithstanding 31 U.S.C. 

3324, may be used for advanced payments not otherwise authorized 

only upon the certification of officials designated by the Secretary 

of Commerce that such payments are in the public interest. 

SEC. 102. During the current fiscal year, appropriations made 

available to the Department of Commerce by this Act for salaries 

and expenses shall be available for hire of passenger motor vehicles 

as authorized by 31 U.S.C. 1343 and 1344; services as authorized 

by 5 U.S.C. 3109; and uniforms or allowances therefor, as authorized 

by law (5 U.S.C. 5901–5902). 

SEC. 103. Not to exceed 5 percent of any appropriation made 

available for the current fiscal year for the Department of Commerce 

in this Act may be transferred between such appropriations, but 

no such appropriation 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 

section 505 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 of Commerce 

shall notify the Committees on Appropriations at least 15 days 

in advance of the acquisition or disposal of any capital asset 

(including land, structures, and equipment) not specifically provided 

for in this Act or any other law appropriating funds for the Department of Commerce: Provided further, That for the National Oceanic 

and Atmospheric Administration this section shall provide for transfers among appropriations made only to the National Oceanic and 

Atmospheric Administration and such appropriations may not be 

transferred and reprogrammed to other Department of Commerce 

bureaus and appropriation accounts. 

SEC. 104. Any costs incurred by a department or agency funded 

under this title resulting from personnel actions taken in response 

to funding reductions included in this title or from actions taken 

for the care and protection of loan collateral or grant property 

shall be absorbed within the total budgetary resources available 

to such department or agency: Provided, That the authority to 

transfer funds between appropriations accounts as may be necessary 

to carry out this section is provided in addition to authorities 

included elsewhere in this Act: Provided further, That use of funds 

to carry out this section shall be treated as a reprogramming 

of funds under section 505 of this Act and shall not be available 

for obligation or expenditure except in compliance with the procedures set forth in that section. 

SEC. 105. (a) Section 101(k) of the Emergency Steel Loan Guarantee Act of 1999 (15 U.S.C. 1841 note) is amended by striking 

‘‘2007’’ and inserting ‘‘2009’’. 

(b) Paragraphs (1) and (2) of section 101(b) of the Emergency 

Steel Loan Guarantee Act of 1999 (15 U.S.C. 1841 note) are each 

amended by striking ‘‘in 1998’’ and inserting ‘‘since 1998’’. 

Notification. 

Deadline. 


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PUBLIC LAW 110–161—DEC. 26, 2007 121 STAT. 1893 

(c) Subparagraph (C) of section 101(c)(3) of the Emergency 

Steel Loan Guarantee Act of 1999 (15 U.S.C. 1841 note) is amended 

by striking ‘‘, in 1998’’ and inserting ‘‘in 1998, and thereafter,’’. 

(d) The Emergency Steel Loan Guarantee Act of 1999 (15 

U.S.C. 1841 note) is amended by adding at the end the following: 

‘‘SEC. 103. SALARIES AND ADMINISTRATIVE EXPENSES. 

‘‘(a) In addition to funds made available under section 101(j) 

of the Emergency Steel Loan Guarantee Act of 1999 (15 U.S.C. 

1841 note), up to $1,000,000 in funds made available under section 

101(f) of such Act may be used for salaries and administrative 

expenses to administer the Emergency Steel Loan Guarantee Program. 

‘‘(b) Funds made available for salaries and administrative 

expenses to administer the Emergency Steel Loan Guarantee Program shall remain available until expended.’’. 

SEC. 106. Hereafter, notwithstanding any other provision of 

law, no funds appropriated under this Act shall be used to register, 

issue, transfer, or enforce any trademark of the phrase ‘‘Last Best 

Place’’. 

SEC. 107. Section 3315(b) of title 19, United States Code, is 

amended by inserting ‘‘, including food when sequestered,’’ following 

‘‘for the establishment and operations of the United States Section 

and for the payment of the United States share of the expenses’’. 

SEC. 108. Notwithstanding the requirements of subsection 

4703(d), the personnel management demonstration project established by the Department of Commerce pursuant to 5 U.S.C. 4703 

may be expanded to involve more than 5,000 individuals, and 

is extended indefinitely. 

SEC. 109. Section 212(b) of the National Technical Information 

Act of 1988 (15 U.S.C. 3704b) is amended by striking ‘‘Under 

Secretary of Commerce for Technology’’ and inserting ‘‘Director 

of the National Institute of Standards and Technology’’. 

SEC. 110. The Secretary of Commerce is permitted to prescribe 

and enforce standards or regulations affecting safety and health 

in the context of scientific and occupational diving within the 

National Oceanic and Atmospheric Administration. 

SEC. 111. (a) The Secretary of Commerce is authorized to provide compensation to fishery participants who will be displaced 

by the 2011 fishery closure resulting from the creation by Presidential proclamation of the Papaha ̄naumokua ̄kea Marine National 

Monument. 

(b) The Secretary shall promulgate regulations for the voluntary 

capacity reduction program that: 

(1) identifies eligible participants as those individuals 

holding commercial Federal fishing permits for either lobster 

or bottomfish in the designated waters within the 

Papaha ̄naumokua ̄kea Marine National Monument; 

(2) provides a mechanism to compensate eligible participants for no more than the economic value of their permits; 

(3) at the option of each eligible permit holder, provides 

an optional mechanism for additional compensation based on 

the value of the fishing vessel and gear of such participants 

who so elect to receive these additional funds, provided that 

the commercial fishing vessels of such participants will not 

be used for fishing. 

Regulations. 

Compensation. 

Hawaii. 

Regulations. 

33 USC note 

prec. 851. 

Trademark. 


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(c) There is authorized to be appropriated to the National 

Oceanic and Atmospheric Administration’s National Marine Fisheries Service, $6,697,500 for fiscal year 2008. 

(d) Nothing in this section is intended to enlarge or diminish 

Federal or State title, jurisdiction, or authority with respect to 

the waters of the Northwestern Hawaiian Islands or the tidal 

or submerged lands under any provision of State or Federal law. 

SEC. 112. (a) For purposes of this section— 

(1) the term ‘‘Under Secretary’’ means Under Secretary 

of Commerce for Oceans and Atmosphere; 

(2) the term ‘‘appropriate congressional committees’’ 

means— 

(A) the Committee on Appropriations and the Committee on Commerce, Science, and Transportation of the 

Senate; and 

(B) the Committee on Appropriations and the Committee on Science and Technology of the House of Representatives; 

(3) the term ‘‘satellite’’ means the satellites proposed to 

be acquired for the National Oceanic and Atmospheric Administration, other than the National Polar-orbiting Operational 

Environmental Satellite System (NPOESS); 

(4) the term ‘‘development’’ means the phase of a program 

following the formulation phase and beginning with the 

approval to proceed to implementation, as defined in NOAA 

Administrative Order 216–108, Department of Commerce 

Administrative Order 208–3, and NASA’s Procedural Requirements 7120.5c, dated March 22, 2005; 

(5) the term ‘‘development cost’’ means the total of all 

costs, including construction of facilities and civil servant costs, 

from the period beginning with the approval to proceed to 

implementation through the achievement of operational readiness, without regard to funding source or management control, 

for the life of the program; 

(6) the term ‘‘life-cycle cost’’ means the total of the direct, 

indirect, recurring, and nonrecurring costs, including the 

construction of facilities and civil servant costs, and other 

related expenses incurred or estimated to be incurred in the 

design, development, verification, production, operation, 

maintenance, support, and retirement of a program over its 

planned lifespan, without regard to funding source or management control; 

(7) the term ‘‘major program’’ means an activity approved 

to proceed to implementation that has an estimated life-cycle 

cost of more than $250,000,000; 

(8) the term ‘‘baseline’’ means the program as set following 

contract award and critical design review of the space and 

ground systems. 

(b)(1) NOAA shall not enter into a contract for development 

of a major program, unless the Under Secretary determines that— 

(A) the technical, cost, and schedule risks of the program 

are clearly identified and the program has developed a plan 

to manage those risks; 

(B) the technologies required for the program have been 

demonstrated in a relevant laboratory or test environment; 

Reports. 

Deadlines. 

33 USC 878a. 


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(C) the program complies with all relevant policies, regulations, and directives of NOAA and the Department of Commerce; 

(D) the program has demonstrated a high likelihood of 

accomplishing its intended goals; and 

(E) the acquisition of satellites for use in the program 

represents a good value to accomplishing NOAA’s mission. 

(2) The Under Secretary shall transmit a report describing 

the basis for the determination required under paragraph (1) to 

the appropriate congressional committees at least 30 days before 

entering into a contract for development under a major program. 

(3) The Under Secretary may not delegate the determination 

requirement under this subsection, except in cases in which the 

Under Secretary has a conflict of interest. 

(c)(1) Annually, at the same time as the President’s annual 

budget submission to the Congress, the Under Secretary shall 

transmit to the appropriate congressional committees a report that 

includes the information required by this section for the satellite 

development program for which NOAA proposes to expend funds 

in the subsequent fiscal year. The report under this paragraph 

shall be known as the Major Program Annual Report. 

(2) The first Major Program Annual Report for NOAA’s satellite 

development program shall include a Baseline Report that shall, 

at a minimum, include— 

(A) the purposes of the program and key technical 

characteristics necessary to fulfill those purposes; 

(B) an estimate of the life-cycle cost for the program, with 

a detailed breakout of the development cost, program reserves, 

and an estimate of the annual costs until development is completed; 

(C) the schedule for development, including key program 

milestones; 

(D) the plan for mitigating technical, cost, and schedule 

risks identified in accordance with subsection (b)(1)(A); and 

(E) the name of the person responsible for making notifications under subsection (d), who shall be an individual whose 

primary responsibility is overseeing the program. 

(3) For the major program for which a Baseline Report has 

been submitted, subsequent Major Program Annual Reports shall 

describe any changes to the information that had been provided 

in the Baseline Report, and the reasons for those changes. 

(d)(1) The individual identified under subsection (c)(2)(E) shall 

immediately notify the Under Secretary any time that individual 

has reasonable cause to believe that, for the major program for 

which he or she is responsible, the development cost of the program 

has exceeded the estimate provided in the Baseline Report of the 

program by 20 percent or more. 

(2) Not later than 30 days after the notification required under 

paragraph (1), the individual identified under subsection (c)(2)(E) 

shall transmit to the Under Secretary a written notification 

explaining the reasons for the change in the cost of the program 

for which notification was provided under paragraph (1). 

(3) Not later than 15 days after the Under Secretary receives 

a written notification under paragraph (2), the Under Secretary 

shall transmit the notification to the appropriate congressional 

committees. 

Notification. 


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(e) Not later than 30 days after receiving a written notification 

under subsection (d)(2), the Under Secretary shall determine 

whether the development cost of the program has exceeded the 

estimate provided in the Baseline Report of the program by 20 

percent or more. If the determination is affirmative, the Under 

Secretary shall— 

(1) transmit to the appropriate congressional committees, 

not later than 15 days after making the determination, a report 

that includes— 

(A) a description of the increase in cost and a detailed 

explanation for the increase; 

(B) a description of actions taken or proposed to be 

taken in response to the cost increase; and 

(C) a description of any impacts the cost increase, 

or the actions described under subparagraph (B), will have 

on any other program within NOAA. 

(2) if the Under Secretary intends to continue with the 

program, promptly initiate an analysis of the program, which 

shall include, at a minimum— 

(A) the projected cost and schedule for completing the 

program if current requirements of the program are not 

modified; 

(B) the projected cost and the schedule for completing 

the program after instituting the actions described under 

paragraph (1)(B); and 

(C) a description of, and the projected cost and schedule 

for, a broad range of alternatives to the program. NOAA 

shall complete an analysis initiated under paragraph (2) 

not later than 6 months after the Under Secretary makes 

a determination under this subsection. The Under Secretary shall transmit the analysis to the appropriate 

congressional committees not later than 30 days after its 

completion. 

(f) For the purposes of determining whether cost of the Geostationary Operational Environmental Satellite Program exceeds 

20 percent more than the baseline under this section, the estimate 

of the total life-cycle cost for GOES–R shall be the estimate provided 

with the NOAA Fiscal Year 2008 Presidential Budget justification 

(page 513). 

SEC. 113. (a) The Secretary of Commerce may— 

(1) develop, maintain, and make public a list of vessels 

and vessel owners engaged in illegal, unreported, or unregulated fishing, including vessels or vessel owners identified by 

an international fishery management organization, whether or 

not the United States is a party to the agreement establishing 

such organization; and 

(2) take appropriate action against listed vessels and vessel 

owners, including action against fish, fish parts, or fish products 

from such vessels, in accordance with applicable United States 

law and consistent with applicable international law, including 

principles, rights, and obligations established in applicable 

international fishery management and trade agreements. 

(b) Action taken by the Secretary under subsection (a)(2) that 

include measures to restrict use of or access to ports or port services 

shall apply to all ports of the United States and its territories. 

(c) The Secretary may promulgate regulations to implement 

this section. 

16 USC 1861 

note. 


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SEC. 114. (a) Of the amounts provided for the ‘‘National Oceanic 

and Atmospheric Administration, Operations, Research and Facilities’’, $5,856,600 shall be for necessary expenses in support of 

an agreement between the Administrator of the National Oceanic 

and Atmospheric Administration and the National Academy of 

Sciences under which the National Academy of Sciences shall establish the Climate Change Study Committee to investigate and study 

the serious and sweeping issues relating to global climate change 

and make recommendations regarding what steps must be taken 

and what strategies must be adopted in response to global climate 

change, including the science and technology challenges thereof. 

(b) The agreement shall provide for: establishment of and 

appointment of members to the Climate Change Study Committee 

by the National Academy of Sciences; organization by the National 

Academy of Sciences of a Summit on Global Climate Change to 

help define the parameters of the study, not to exceed 3 days 

in length and to be attended by preeminent experts on global 

climate change selected by the National Academy of Sciences; and 

issuance of a report by the Climate Change Study Committee not 

later than 2 years after the date the Climate Change Study Committee is first convened, containing its findings, conclusions, and 

recommendations. Of such amount, $856,600 shall be for the 

Summit on Global Climate Change and $5,000,000 shall be for 

the other activities of the Climate Change Study Committee. 

This title may be cited as the ‘‘Department of Commerce Appropriations Act, 2008’’. 

TITLE II 

DEPARTMENT OF JUSTICE 

GENERAL ADMINISTRATION

SALARIES AND EXPENSES

For expenses necessary for the administration of the Department of Justice, $97,832,000, of which not to exceed $3,317,000 

is for security and construction of Department of Justice facilities, 

to remain available until expended: Provided, That the Attorney 

General is authorized to transfer funds appropriated within General 

Administration to any office in this account: Provided further, That 

no appropriations for any office within General Administration shall 

be increased or decreased by more than 5 percent by all such 

transfers: Provided further, That $12,221,000 is for Department 

Leadership; $7,383,000 is for Intergovernmental Relations/External 

Affairs; $11,402,000 is for Executive Support/Professional Responsibility; and $66,826,000 is for the Justice Management Division: 

Provided further, That any change in funding greater than 5 percent 

shall be submitted for approval to the House and Senate Committees on Appropriations consistent with the terms of section 505 

of this Act: Provided further, That this transfer authority is in 

addition to transfers authorized under section 505 of this Act. 

JUSTICE INFORMATION SHARING TECHNOLOGY

For necessary expenses for information sharing technology, 

including planning, development, deployment and departmental 

direction, $85,540,000, to remain available until expended, of which 

Department 

of Justice 

Appropriations 

Act, 2008. 

Establishment. 

Summit. 

Reports. 

Deadline. 


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not less than $19,740,000 is for the unified financial management 

system. 

TACTICAL LAW ENFORCEMENT WIRELESS COMMUNICATIONS

For the costs of developing and implementing a nation-wide 

Integrated Wireless Network supporting Federal law enforcement, 

and for the costs of operations and maintenance of existing Land 

Mobile Radio legacy systems, $74,260,000, to remain available until 

September 30, 2009: Provided, That the Attorney General shall 

transfer to this account all funds made available to the Department 

of Justice for the purchase of portable and mobile radios: Provided 

further, That any transfer made under the preceding proviso shall 

be subject to section 505 of this Act. 

ADMINISTRATIVE REVIEW AND APPEALS

For expenses necessary for the administration of pardon and 

clemency petitions and immigration-related activities, $232,649,000, 

of which $4,000,000 shall be derived by transfer from the Executive 

Office for Immigration Review fees deposited in the ‘‘Immigration 

Examinations Fee’’ account: Provided, That $3,760,000 shall be 

expended on the Executive Office for Immigration Review’s Legal 

Orientation Programs. 

For an additional amount for ‘‘Administrative Review and 

Appeals’’, $8,000,000 shall be for border security and immigration 

enforcement along the Southwest border: Provided, That the amount 

provided by this paragraph is designated as described in section 

5 (in the matter preceding division A of this consolidated Act). 

DETENTION TRUSTEE

For necessary expenses of the Federal Detention Trustee, 

$1,225,920,000, to remain available until expended: Provided, That 

the Trustee shall be responsible for managing the Justice Prisoner 

and Alien Transportation System: Provided further, That not to 

exceed $5,000,000 shall be considered ‘‘funds appropriated for State 

and local law enforcement assistance’’ pursuant to 18 U.S.C. 

4013(b). 

OFFICE OF INSPECTOR GENERAL

For necessary expenses of the Office of Inspector General, 

$70,603,000, including not to exceed $10,000 to meet unforeseen 

emergencies of a confidential character: Provided, That within 200 

days of enactment of this Act, the Inspector General shall conduct 

an audit and issue a report to the Committees on Appropriations 

of all expenses of the legislative and public affairs offices at each 

location of the Justice Department, its bureaus and agencies, 

including but not limited to every field office and headquarters 

component; the audit shall include any and all expenses related 

to these activities. 

UNITED STATES PAROLE COMMISSION

SALARIES AND EXPENSES

For necessary expenses of the United States Parole Commission 

as authorized, $11,462,000. 

Deadline. 

Audit. 

Reports. 


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LEGAL ACTIVITIES

SALARIES AND EXPENSES, GENERAL LEGAL ACTIVITIES

For expenses necessary for the legal activities of the Department of Justice, not otherwise provided for, including not to exceed 

$20,000 for expenses of collecting evidence, to be expended under 

the direction of, and to be accounted for solely under the certificate 

of, the Attorney General; and rent of private or Government-owned 

space in the District of Columbia, $735,549,000, of which not to 

exceed $10,000,000 for litigation support contracts shall remain 

available until expended: Provided, That of the total amount appropriated, not to exceed $1,000 shall be available to the United 

States National Central Bureau, INTERPOL, for official reception 

and representation expenses: Provided further, That notwithstanding section 205 of this Act, upon a determination by the 

Attorney General that emergent circumstances require additional 

funding for litigation activities of the Civil Division, the Attorney 

General may transfer such amounts to ‘‘Salaries and Expenses, 

General Legal Activities’’ from available appropriations for the current fiscal year for the Department of Justice, as may be necessary 

to respond to such circumstances: Provided further, That any 

transfer pursuant to the previous proviso shall be treated as a 

reprogramming under section 505 of this Act and shall not be 

available for obligation or expenditure except in compliance with 

the procedures set forth in that section. 

For an additional amount for ‘‘Legal Activities, General Legal 

Activities’’, $10,000,000 shall be for border security and immigration 

enforcement along the Southwest border: Provided, That the amount 

provided by this paragraph is designated as described in section 

5 (in the matter preceding division A of this consolidated Act). 

In addition, for reimbursement of expenses of the Department 

of Justice associated with processing cases under the National 

Childhood Vaccine Injury Act of 1986, not to exceed $6,833,000, 

to be appropriated from the Vaccine Injury Compensation Trust 

Fund. 

SALARIES AND EXPENSES, ANTITRUST DIVISION

For expenses necessary for the enforcement of antitrust and 

kindred laws, $147,819,000, to remain available until expended: 

Provided, That notwithstanding any other provision of law, fees 

collected for premerger notification filings under the Hart-ScottRodino Antitrust Improvements Act of 1976 (15 U.S.C. 18a), regardless of the year of collection (and estimated to be $139,000,000 

in fiscal year 2008), shall be retained and used for necessary 

expenses in this appropriation, and shall remain available until 

expended: Provided further, That the sum herein appropriated from 

the general fund shall be reduced as such offsetting collections 

are received during fiscal year 2008, so as to result in a final 

fiscal year 2008 appropriation from the general fund estimated 

at $8,819,000. 


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SALARIES AND EXPENSES, UNITED STATES ATTORNEYS

For necessary expenses of the Offices of the United States 

Attorneys, including inter-governmental and cooperative agreements, $1,747,822,000: Provided, That of the total amount appro- priated, not to exceed $8,000 shall be available for official reception 

and representation expenses: Provided further, That not to exceed 

$20,000,000 shall remain available until expended: Provided further, That of the amount provided under this heading, $5,000,000 shall 

be used for salaries and expenses for hiring assistant U.S. Attorneys 

to carry out section 704 of the Adam Walsh Child Protection and 

Safety Act of 2006 (Public Law 109–248) concerning the prosecution 

of offenses relating to the sexual exploitation of children. 

For an additional amount for ‘‘Salaries and Expenses, United States Attorneys’’, $7,000,000 shall be for border security and 

immigration enforcement along the Southwest border: Provided, 

That the amount provided by this paragraph is designated as 

described in section 5 (in the matter preceding division A of this 

consolidated Act). 

UNITED STATES TRUSTEE SYSTEM FUND

For necessary expenses of the United States Trustee Program, as authorized, $209,763,000, of which $20,000,000 shall be from 

prior year unobligated balances from funds previously appropriated, 

to remain available until expended and to be derived from the 

United States Trustee System Fund: Provided, That notwithstanding any other provision of law, deposits to the Fund shall 

be available in such amounts as may be necessary to pay refunds 

due depositors: Provided further, That, notwithstanding any other provision of law, $184,000,000 of offsetting collections pursuant 

to 28 U.S.C. 589a(b) shall be retained and used for necessary 

expenses in this appropriation and shall remain available until 

expended: Provided further, That the sum herein appropriated from 

the Fund shall be reduced as such offsetting collections are received 

during fiscal year 2008, so as to result in a final fiscal year 2008 

appropriation from the Fund estimated at $763,000. 

SALARIES AND EXPENSES, FOREIGN CLAIMS SETTLEMENT COMMISSION

For expenses necessary to carry out the activities of the Foreign 

Claims Settlement Commission, including services as authorized 

by section 3109 of title 5, United States Code, $1,606,000. 

UNITED STATES MARSHALS SERVICE

SALARIES AND EXPENSES

For necessary expenses of the United States Marshals Service, 

$849,219,000; of which not to exceed $6,000 shall be available 

for official reception and representation expenses; of which not 

to exceed $4,000,000 shall be for information technology systems 

and shall remain available until expended; and of which not less 

than $11,653,000 shall be available for the costs of courthouse 

security equipment, including furnishings, relocations, and telephone systems and cabling, and shall remain available until 

expended. 

For an additional amount for ‘‘United States Marshals Service, 

Salaries and Expenses’’, $15,000,000 shall be for border security 


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and immigration enforcement along the Southwest border: Provided, 

That the amount provided by this paragraph is designated as 

described in section 5 (in the matter preceding division A of this 

consolidated Act). 

CONSTRUCTION

For construction in space controlled, occupied or utilized by 

the United States Marshals Service for prisoner holding and related 

support, $2,304,000, to remain available until expended. 

FEES AND EXPENSES OF WITNESSES

For fees and expenses of witnesses, for expenses of contracts 

for the procurement and supervision of expert witnesses, for private 

counsel expenses, including advances, and for expenses of foreign 

counsel, $168,300,000, to remain available until expended: Provided, 

That, not to exceed $10,000,000 may be made available for construction of buildings for protected witness safesites: Provided further, That not to exceed $3,000,000 may be made available for the 

purchase and maintenance of armored and other vehicles for witness 

security caravans: Provided further, That not to exceed $9,000,000 

may be made available for the purchase, installation, maintenance, 

and upgrade of secure telecommunications equipment and a secure 

automated information network to store and retrieve the identities 

and locations of protected witnesses. 

SALARIES AND EXPENSES, COMMUNITY RELATIONS SERVICE

For necessary expenses of the Community Relations Service, 

$9,794,000: Provided, That notwithstanding section 205 of this Act, 

upon a determination by the Attorney General that emergent circumstances require additional funding for conflict resolution and 

violence prevention activities of the Community Relations Service, 

the Attorney General may transfer such amounts to the Community 

Relations Service, from available appropriations for the current 

fiscal year for the Department of Justice, as may be necessary 

to respond to such circumstances: Provided further, That any 

transfer pursuant to the previous proviso shall be treated as a 

reprogramming under section 505 of this Act and shall not be 

available for obligation or expenditure except in compliance with 

the procedures set forth in that section. 

ASSETS FORFEITURE FUND

For expenses authorized by 28 U.S.C. 524(c)(1)(B), (F), and (G), $20,990,000, to be derived from the Department of Justice 

Assets Forfeiture Fund. 

NATIONAL SECURITY DIVISION

SALARIES AND EXPENSES

For expenses necessary to carry out the activities of the 

National Security Division, $73,373,000; of which not to exceed 

$5,000,000 for information technology systems shall remain available until expended: Provided, That notwithstanding section 205 

of this Act, upon a determination by the Attorney General that 

emergent circumstances require additional funding for the activities 


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of the National Security Division, the Attorney General may 

transfer such amounts to this heading from available appropriations 

for the current fiscal year for the Department of Justice, as may 

be necessary to respond to such circumstances: Provided further, 

That any transfer pursuant to the previous proviso shall be treated 

as a reprogramming under section 505 of this Act and shall not 

be available for obligation or expenditure except in compliance 

with the procedures set forth in that section. 

INTERAGENCY LAW ENFORCEMENT

INTERAGENCY CRIME AND DRUG ENFORCEMENT

For necessary expenses for the identification, investigation, and 

prosecution of individuals associated with the most significant drug 

trafficking and affiliated money laundering organizations not otherwise provided for, to include inter-governmental agreements with 

State and local law enforcement agencies engaged in the investigation and prosecution of individuals involved in organized crime 

drug trafficking, $497,935,000, of which $50,000,000 shall remain 

available until expended: Provided, That any amounts obligated 

from appropriations under this heading may be used under authorities available to the organizations reimbursed from this appropriation. 

FEDERAL BUREAU OF INVESTIGATION

SALARIES AND EXPENSES

For necessary expenses of the Federal Bureau of Investigation 

for detection, investigation, and prosecution of crimes against the 

United States; $6,349,950,000; of which not to exceed $150,000,000 

shall remain available until expended; and of which $2,308,580,000 

shall be for counterterrorism investigations, foreign counterintelligence, and other activities related to national security: Provided, 

That not to exceed $205,000 shall be available for official reception 

and representation expenses: Provided further, That not to exceed 

$170,000 shall be available in 2008 for expenses associated with 

the celebration of the 100th anniversary of the Federal Bureau 

of Investigation. 

For an additional amount for ‘‘Federal Bureau of Investigation, 

Salaries and Expenses’’, $143,539,000 to address emerging threats 

in counterterrorism and cyber security: Provided, That the amount 

provided by this paragraph is designated as described in section 

5 (in the matter preceding division A of this consolidated Act). 

CONSTRUCTION

For necessary expenses to construct or acquire buildings and 

sites by purchase, or as otherwise authorized by law (including 

equipment for such buildings); conversion and extension of federallyowned buildings; and preliminary planning and design of projects; 

$164,200,000, to remain available until expended. 


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DRUG ENFORCEMENT ADMINISTRATION

SALARIES AND EXPENSES

For necessary expenses of the Drug Enforcement Administra- tion, including not to exceed $70,000 to meet unforeseen emergencies of a confidential character pursuant to 28 U.S.C. 530C; 

and expenses for conducting drug education and training programs, 

including travel and related expenses for participants in such programs and the distribution of items of token value that promote 

the goals of such programs, $1,855,569,000; of which not to exceed 

$75,000,000 shall remain available until expended; and of which 

not to exceed $100,000 shall be available for official reception and 

representation expenses. 

For an additional amount for ‘‘Drug Enforcement Administra- tion, Salaries and Expenses’’, $2,000,000 for a communications 

intercept initiative in Afghanistan: Provided, That the amount provided by this paragraph is designated as described in section 5 

(in the matter preceding division A of this consolidated Act). 

BUREAU OF ALCOHOL, TOBACCO, FIREARMS AND EXPLOSIVES

SALARIES AND EXPENSES

For necessary expenses of the Bureau of Alcohol, Tobacco, Firearms and Explosives, including the purchase of not to exceed 822 

vehicles for police-type use, of which 650 shall be for replacement 

only; not to exceed $40,000 for official reception and representation 

expenses; for training of State and local law enforcement agencies 

with or without reimbursement, including training in connection 

with the training and acquisition of canines for explosives and 

fire accelerants detection; and for provision of laboratory assistance 

to State and local law enforcement agencies, with or without 

reimbursement, $984,097,000, of which not to exceed $1,000,000 

shall be available for the payment of attorneys’ fees as provided 

by section 924(d)(2) of title 18, United States Code; and of which 

$10,000,000 shall remain available until expended: Provided, That 

no funds appropriated herein shall be available for salaries or 

administrative expenses in connection with consolidating or centralizing, within the Department of Justice, the records, or any portion 

thereof, of acquisition and disposition of firearms maintained by 

Federal firearms licensees: Provided further, That no funds appropriated herein shall be used to pay administrative expenses or 

the compensation of any officer or employee of the United States 

to implement an amendment or amendments to 27 CFR 178.118 

or to change the definition of ‘‘Curios or relics’’ in 27 CFR 178.11 

or remove any item from ATF Publication 5300.11 as it existed 

on January 1, 1994: Provided further, That none of the funds 

appropriated herein shall be available to investigate or act upon 

applications for relief from Federal firearms disabilities under 18 

U.S.C. 925(c): Provided further, That such funds shall be available 

to investigate and act upon applications filed by corporations for 

relief from Federal firearms disabilities under section 925(c) of 

title 18, United States Code: Provided further, That no funds made 

available by this or any other Act may be used to transfer the 

functions, missions, or activities of the Bureau of Alcohol, Tobacco, 

Firearms and Explosives to other agencies or Departments in fiscal 

year 2008: Provided further, That, beginning in fiscal year 2008 18 USC 923 note. 


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and thereafter, no funds appropriated under this or any other 

Act may be used to disclose part or all of the contents of the 

Firearms Trace System database maintained by the National Trace 

Center of the Bureau of Alcohol, Tobacco, Firearms and Explosives 

or any information required to be kept by licensees pursuant to 

section 923(g) of title 18, United States Code, or required to be 

reported pursuant to paragraphs (3) and (7) of such section 923(g), 

except to: (1) a Federal, State, local, tribal, or foreign law enforcement agency, or a Federal, State, or local prosecutor, solely in 

connection with and for use in a criminal investigation or prosecution; or (2) a Federal agency for a national security or intelligence 

purpose; and all such data shall be immune from legal process, 

shall not be subject to subpoena or other discovery, shall be inadmissible in evidence, and shall not be used, relied on, or disclosed 

in any manner, nor shall testimony or other evidence be permitted 

based on the data, in a civil action in any State (including the 

District of Columbia) or Federal court or in an administrative 

proceeding other than a proceeding commenced by the Bureau 

of Alcohol, Tobacco, Firearms and Explosives to enforce the provisions of chapter 44 of such title, or a review of such an action 

or proceeding; except that this proviso shall not be construed to 

prevent: (A) the disclosure of statistical information concerning 

total production, importation, and exportation by each licensed 

importer (as defined in section 921(a)(9) of such title) and licensed 

manufacturer (as defined in section 921(1)(10) of such title); (B) 

the sharing or exchange of such information among and between 

Federal, State, local, or foreign law enforcement agencies, Federal, 

State, or local prosecutors, and Federal national security, intelligence, or counterterrorism officials; or (C) the publication of annual 

statistical reports on products regulated by the Bureau of Alcohol, 

Tobacco, Firearms and Explosives, including total production, 

importation, and exportation by each licensed importer (as so 

defined) and licensed manufacturer (as so defined), or statistical 

aggregate data regarding firearms traffickers and trafficking channels, or firearms misuse, felons, and trafficking investigations: Provided further, That no funds made available by this or any other 

Act shall be expended to promulgate or implement any rule 

requiring a physical inventory of any business licensed under section 923 of title 18, United States Code: Provided further, That 

no funds under this Act may be used to electronically retrieve 

information gathered pursuant to 18 U.S.C. 923(g)(4) by name 

or any personal identification code: Provided further, That no funds 

authorized or made available under this or any other Act may 

be used to deny any application for a license under section 923 

of title 18, United States Code, or renewal of such a license due 

to a lack of business activity, provided that the applicant is otherwise eligible to receive such a license, and is eligible to report 

business income or to claim an income tax deduction for business 

expenses under the Internal Revenue Code of 1986. 

CONSTRUCTION

For necessary expenses to construct or acquire buildings and 

sites by purchase, or as otherwise authorized by law (including 

equipment for such buildings); conversion and extension of federallyowned buildings; and preliminary planning and design or projects; 

$23,500,000, to remain available until expended. 


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FEDERAL PRISON SYSTEM

SALARIES AND EXPENSES

For necessary expenses of the Federal Prison System for the 

administration, operation, and maintenance of Federal penal and 

correctional institutions, including purchase (not to exceed 669, 

of which 642 are for replacement only) and hire of law enforcement 

and passenger motor vehicles, and for the provision of technical 

assistance and advice on corrections related issues to foreign governments, $5,050,440,000: Provided, That the Attorney General may 

transfer to the Health Resources and Services Administration such 

amounts as may be necessary for direct expenditures by that 

Administration for medical relief for inmates of Federal penal and 

correctional institutions: Provided further, That the Director of the 

Federal Prison System, where necessary, may enter into contracts 

with a fiscal agent or fiscal intermediary claims processor to determine the amounts payable to persons who, on behalf of the Federal 

Prison System, furnish health services to individuals committed 

to the custody of the Federal Prison System: Provided further, That not to exceed $6,000 shall be available for official reception 

and representation expenses: Provided further, That not to exceed 

$50,000,000 shall remain available for necessary operations until 

September 30, 2009: Provided further, That, of the amounts pro- vided for contract confinement, not to exceed $20,000,000 shall 

remain available until expended to make payments in advance 

for grants, contracts and reimbursable agreements, and other 

expenses authorized by section 501(c) of the Refugee Education 

Assistance Act of 1980 (8 U.S.C. 1522 note), for the care and 

security in the United States of Cuban and Haitian entrants: Provided further, That the Director of the Federal Prison System 

may accept donated property and services relating to the operation 

of the prison card program from a not-for-profit entity which has 

operated such program in the past notwithstanding the fact that 

such not-for-profit entity furnishes services under contracts to the 

Federal Prison System relating to the operation of pre-release services, halfway houses, or other custodial facilities. 

BUILDINGS AND FACILITIES

For planning, acquisition of sites and construction of new facilities; purchase and acquisition of facilities and remodeling, and 

equipping of such facilities for penal and correctional use, including 

all necessary expenses incident thereto, by contract or force account; 

and constructing, remodeling, and equipping necessary buildings 

and facilities at existing penal and correctional institutions, 

including all necessary expenses incident thereto, by contract or 

force account, $372,720,000, to remain available until expended, 

of which not to exceed $14,000,000 shall be available to construct 

areas for inmate work programs: Provided, That labor of United 

States prisoners may be used for work performed under this appropriation. 

FEDERAL PRISON INDUSTRIES, INCORPORATED

The Federal Prison Industries, Incorporated, is hereby authorized to make such expenditures, within the limits of funds and 

borrowing authority available, and in accord with the law, and 

42 USC 250a. 


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to make such contracts and commitments, without regard to fiscal 

year limitations as provided by section 9104 of title 31, United 

States Code, as may be necessary in carrying out the program 

set forth in the budget for the current fiscal year for such corporation, including purchase (not to exceed five for replacement only) 

and hire of passenger motor vehicles. 

LIMITATION ON ADMINISTRATIVE EXPENSES, FEDERAL PRISON

INDUSTRIES, INCORPORATED

Not to exceed $2,328,000 of the funds of the Federal Prison 

Industries, Incorporated shall be available for its administrative 

expenses, and for services as authorized by section 3109 of title 

5, United States Code, to be computed on an accrual basis to 

be determined in accordance with the corporation’s current prescribed accounting system, and such amounts shall be exclusive 

of depreciation, payment of claims, and expenditures which such 

accounting system requires to be capitalized or charged to cost 

of commodities acquired or produced, including selling and shipping 

expenses, and expenses in connection with acquisition, construction, 

operation, maintenance, improvement, protection, or disposition of 

facilities and other property belonging to the corporation or in 

which it has an interest. 

OFFICE ON VIOLENCE AGAINST WOMEN

VIOLENCE AGAINST WOMEN PREVENTION AND PROSECUTION

PROGRAMS

For grants, contracts, cooperative agreements, and other assistance for the prevention and prosecution of violence against women, 

as authorized by the Omnibus Crime Control and Safe Streets 

Act of 1968 (42 U.S.C. 3711 et seq.) (‘‘the 1968 Act’’); the Violent 

Crime Control and Law Enforcement Act of 1994 (Public Law 

103–322) (‘‘the 1994 Act’’); the Victims of Child Abuse Act of 1990 

(Public Law 101–647) (‘‘the 1990 Act’’); the Prosecutorial Remedies 

and Other Tools to end the Exploitation of Children Today Act 

of 2003 (Public Law 108–21); the Juvenile Justice and Delinquency 

Prevention Act of 1974 (42 U.S.C. 5601 et seq.) (‘‘the 1974 Act’’); 

the Victims of Trafficking and Violence Protection Act of 2000 

(Public Law 106–386) (‘‘the 2000 Act’’); and the Violence Against 

Women and Department of Justice Reauthorization Act of 2005 

(Public Law 109–162) (‘‘the 2005 Act’’); $400,000,000, including 

amounts for administrative costs, to remain available until 

expended: Provided, That except as otherwise provided by law, 

not to exceed 3 percent of funds made available under this heading 

may be used for expenses related to evaluation, training, and technical assistance: Provided further, That of the amount provided— 

(1) $13,160,000 for the court-appointed special advocate 

program, as authorized by section 217 of the 1990 Act; 

(2) $2,350,000 for child abuse training programs for judicial 

personnel and practitioners, as authorized by section 222 of 

the 1990 Act; 

(3) $183,800,000 for grants to combat violence against 

women, as authorized by part T of the 1968 Act, of which— 

(A) $17,390,000 shall be for transitional housing assistance grants for victims of domestic violence, stalking or 


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sexual assault as authorized by section 40299 of the 1994 

Act; and (B) $1,880,000 shall be for the National Institute of 

Justice for research and evaluation of violence against 

women and related issues addressed by grant programs 

of the Office on Violence Against Women; 

(4) $59,220,000 for grants to encourage arrest policies as 

authorized by part U of the 1968 Act; (5) $9,400,000 for sexual assault victims assistance, as 

authorized by section 202 of the 2005 Act; (6) $40,420,000 for rural domestic violence and child abuse 

enforcement assistance grants, as authorized by section 40295 

of the 1994 Act; (7) $3,290,000 for training programs as authorized by section 40152 of the 1994 Act, and for related local demonstration 

projects; (8) $2,820,000 for grants to improve the stalking and 

domestic violence databases, as authorized by section 40602 

of the 1994 Act; (9) $9,400,000 for grants to reduce violent crimes against 

women on campus, as authorized by section 304 of the 2005 

Act; (10) $36,660,000 for legal assistance for victims, as authorized by section 1201 of the 2000 Act; (11) $4,230,000 for enhancing protection for older and disabled women from domestic violence and sexual assault, as 

authorized by section 40802 of the 1994 Act; (12) $13,630,000 for the safe havens for children program, 

as authorized by section 1301 of the 2000 Act; (13) $6,580,000 for education and training to end violence 

against and abuse of women with disabilities, as authorized 

by section 1402 of the 2000 Act; (14) $2,820,000 for an engaging men and youth in prevention program, as authorized by the 2005 Act; (15) $940,000 for analysis and research on violence against 

Indian women, as authorized by section 904 of the 2005 Act; (16) $940,000 for tracking of violence against Indian 

women, as authorized by section 905 of the 2005 Act; (17) $2,820,000 for services to advocate and respond to 

youth, as authorized by section 401 of the 2005 Act; (18) $2,820,000 for grants to assist children and youth 

exposed to violence, as authorized by section 303 of the 2005 

Act; (19) $2,820,000 for the court training and improvements 

program, as authorized by section 105 of the 2005 Act; 

(20) $940,000 for grants for televised testimony, as authorized by part N of the 1968 Act; and 

(21) $940,000 for the National Resource Center on Workplace Responses to assist victims of domestic violence, as 

authorized by section 41501 of the 1994 Act. 

OFFICE OF JUSTICE PROGRAMS

JUSTICE ASSISTANCE

For grants, contracts, cooperative agreements, and other assistance authorized by title I of the Omnibus Crime Control and Safe 

Streets Act of 1968; the Missing Children’s Assistance Act (42 


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U.S.C. 5771 et seq.); the Prosecutorial Remedies and Other Tools 

to end the Exploitation of Children Today Act of 2003 (Public 

Law 108–21); the Justice for All Act of 2004 (Public Law 108– 

405); the Violence Against Women and Department of Justice 

Reauthorization Act of 2005 (Public Law 109–162); the Victims 

of Crime Act of 1984 (Public Law 98–473); the Adam Walsh Child 

Protection and Safety Act of 2006 (Public Law 109–248); subtitle 

D of title II of the Homeland Security Act of 2002 (Public Law 

107–296), which may include research and development; and other 

programs (including Statewide Automated Victims Notification Program); including salaries and expenses in connection therewith, 

$196,184,000, to remain available until expended: Provided, That 

grants under subparagraphs (1)(A) and (B) of Public Law 98–473 

are issued pursuant to rules or guidelines that generally establish 

a publicly-announced, competitive process: Provided further, That 

not to exceed $127,915,000 shall be expended in total for Office 

of Justice Programs management and administration. 

STATE AND LOCAL LAW ENFORCEMENT ASSISTANCE

For grants, contracts, cooperative agreements, and other assistance authorized by the Violent Crime Control and Law Enforcement 

Act of 1994 (Public Law 103–322) (‘‘the 1994 Act’’); the Omnibus 

Crime Control and Safe Streets Act of 1968 (‘‘the 1968 Act’’); the 

Justice for All Act of 2004 (Public Law 108–405); the Victims 

of Child Abuse Act of 1990 (Public Law 101–647) (‘‘the 1990 Act’’); 

the Trafficking Victims Protection Reauthorization Act of 2005 

(Public Law 109–164); the Violence Against Women and Department 

of Justice Reauthorization Act of 2005 (Public Law 109–162); the 

Adam Walsh Child Protection and Safety Act of 2006 (Public Law 

109–248); and the Victims of Trafficking and Violence Protection 

Act of 2000 (Public Law 106–386); and other programs; 

$908,136,000 (including amounts for administrative costs, which 

shall be transferred to and merged with the ‘‘Justice Assistance’’ 

account), to remain available until expended as follows: 

(1) $170,433,000 for the Edward Byrne Memorial Justice 

Assistance Grant program as authorized by subpart 1 of part 

E of title I of the 1968 Act, (except that section 1001(c), and 

the special rules for Puerto Rico under section 505(g), of the 

1968 Act, shall not apply for purposes of this Act), of which 

$2,000,000 is for use by the National Institute of Justice in 

assisting units of local government to identify, select, develop, 

modernize, and purchase new technologies for use by law 

enforcement and $2,000,000 is for a program to improve State 

and local law enforcement intelligence capabilities including 

antiterrorism training and training to ensure that constitutional rights, civil liberties, civil rights, and privacy interests 

are protected throughout the intelligence process; 

(2) $410,000,000 for the State Criminal Alien Assistance 

Program, as authorized by section 241(i)(5) of the Immigration 

and Nationality Act (8 U.S.C. 1231(i)(5)); 

(3) $30,080,000 for the Southwest Border Prosecutor Initiative to reimburse State, county, parish, tribal, or municipal 

governments for costs associated with the prosecution of 

criminal cases declined by local offices of the United States 

Attorneys; 


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(4) $2,820,000 for the Northern Border Prosecutor Initiative 

to reimburse State, county, parish, tribal, or municipal governments for costs associated with the prosecution of criminal 

cases declined by local offices of the United States Attorneys; 

(5) $187,513,000 for discretionary grants to improve the 

functioning of the criminal justice system and to assist victims 

of crime (other than compensation); 

(6) $16,000,000 for competitive grants to improve the functioning of the criminal justice system and to assist victims 

of crime (other than compensation); 

(7) $940,000 for the Missing Alzheimer’s Disease Patient 

Alert Program, as authorized by section 240001(c) of the 1994 

Act; 

(8) $9,400,000 for victim services programs for victims of 

trafficking, as authorized by section 107(b)(2) of Public Law 

106–386 and for programs authorized under Public Law 109– 

164; 

(9) $15,200,000 for Drug Courts, as authorized by section 

1001(25)(A) of title I of the 1968 Act; 

(10) $7,050,000 for a prescription drug monitoring program; 

(11) $17,860,000 for prison rape prevention and prosecution 

and other programs, as authorized by the Prison Rape Elimination Act of 2003 (Public Law 108–79) including statistics, 

data, and research, of which $1,692,000 shall be transferred 

to the National Prison Rape Elimination Commission for 

authorized activities; 

(12) $9,400,000 for grants for Residential Substance Abuse 

Treatment for State Prisoners, as authorized by part S of 

the 1968 Act; 

(13) $22,440,000 for assistance to Indian tribes, of which— 

(A) $8,630,000 shall be available for grants under section 20109 of subtitle A of title II of the 1994 Act; 

(B) $8,630,000 shall be available for the Tribal Courts 

Initiative; and 

(C) $5,180,000 shall be available for tribal alcohol and 

substance abuse reduction assistance grants; 

(14) $2,500,000 for the Capital Litigation Improvement 

Grant Program as authorized by section 426 of Public Law 

108–405; and 

(15) $6,500,000 for mental health courts and adult and 

juvenile collaboration program grants, as authorized by parts 

V and HH of title I of the 1968 Act: 

Provided, That, if a unit of local government uses any of the 

funds made available under this heading to increase the number 

of law enforcement officers, the unit of local government will achieve 

a net gain in the number of law enforcement officers who perform 

nonadministrative public safety service. 

For an additional amount for ‘‘State and Local Law Enforcement Assistance’’, $100,000,000 for security and related costs, 

including overtime, associated with the two principal 2008 Presidential Candidate Nominating Conventions, to be divided equally 

between the conventions: Provided, That the amount provided by 

this paragraph is designated as described in section 5 (in the 

matter preceding division A of this consolidated Act). 


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WEED AND SEED PROGRAM FUND

For necessary expenses, including salaries and related expenses 

of the Office of Weed and Seed Strategies, to implement ‘‘Weed 

and Seed’’ program activities, $32,100,000, to remain available until 

expended, as authorized by section 103 of the Omnibus Crime 

Control and Safe Streets Act of 1968. 

COMMUNITY ORIENTED POLICING SERVICES

For activities authorized by the Violent Crime Control and 

Law Enforcement Act of 1994 (Public Law 103–322); the Omnibus 

Crime Control and Safe Streets Act of 1968 (‘‘the 1968 Act’’); the 

Violence Against Women and Department of Justice Reauthorization Act of 2005 (Public Law 109–162); subtitle D of title II of 

the Homeland Security Act of 2002 (Public Law 107–296), which 

may include research and development; and the USA PATRIOT 

Improvement and Reauthorization Act of 2005 (Public Law 109– 

177) (including administrative costs), $587,233,000, to remain available until expended: Provided, That of the funds under this heading, not to exceed $2,575,000 shall be available for the Office of Justice 

Programs for reimbursable services associated with programs 

administered by the Community Oriented Policing Services Office: 

Provided further, That any balances made available through prior 

year deobligations shall only be available in accordance with section 

505 of this Act. Of the amount provided (which shall be by transfer, 

for programs administered by the Office of Justice Programs)— (1) $25,850,000 is for the matching grant program for armor 

vests for law enforcement officers, as authorized by section 

2501 of the 1968 Act: Provided, That $1,880,000 is transferred 

directly to the National Institute of Standards and Technology’s 

Office of Law Enforcement Standards from the Community 

Oriented Policing Services Office for research, testing, and 

evaluation programs; (2) $61,187,000 is for grants to entities described in section 

1701 of the 1968 Act, to address public safety and methamphetamine manufacturing, sale, and use in hot spots as authorized 

by section 754 of Public Law 109–177 and for other antimethaphetamine-related activities; 

(3) $205,366,000 is for a law enforcement technologies and 

interoperable communications program, and related law 

enforcement and public safety equipment; 

(4) $11,750,000 is for an offender re-entry program; 

(5) $9,400,000 is for grants to upgrade criminal records, 

as authorized under the Crime Identification Technology Act 

of 1998 (42 U.S.C. 14601); 

(6) $152,272,000 is for DNA related and forensic programs 

and activities as follows: 

(A) $147,391,000 for a DNA analysis and capacity 

enhancement program including the purposes of section 

2 of the DNA Analysis Backlog Elimination Act of 2000, 

as amended by the Debbie Smith Act of 2004, and further 

amended by Public Law 109–162; (B) $4,881,000 for the purposes described in the Kirk 

Bloodsworth Post-Conviction DNA Testing Program (Public 

Law 108–405, section 412): Provided, That unobligated 

funds appropriated in fiscal years 2006 and 2007 for grants 

as authorized under sections 412 and 413 of the foregoing 


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PUBLIC LAW 110–161—DEC. 26, 2007 121 STAT. 1911 

public law are hereby made available, instead, for the 

purposes here specified; 

(7) $15,040,000 is for improving tribal law enforcement, 

including equipment and training; (8) $20,000,000 is for programs to reduce gun crime and 

gang violence; (9) $3,760,000 is for training and technical assistance; 

(10) $18,800,000 is for Paul Coverdell Forensic Sciences 

Improvement Grants under part BB of title I of the 1968 

Act; (11) not to exceed $28,200,000 is for program management 

and administration; (12) $20,000,000 is for grants under section 1701 of title 

I of the 1968 Act (42 U.S.C. 3796dd) for the hiring and rehiring 

of additional career law enforcement officers under part Q 

of such title notwithstanding subsection (i) of such section; 

and 

(13) $15,608,000 is for a national grant program the purpose of which is to assist State and local law enforcement 

to locate, arrest and prosecute child sexual predators and 

exploiters, and to enforce State offender registration laws 

described in section 1701(b) of the 1968 Act, of which: 

(A) $4,162,000 is for sex offender management assistance as authorized by the Adam Walsh Child Protection 

and Safety Act of 2006 (Public Law 109–162), and the 

Violent Crime Control Act of 1994 (Public Law 103–322); 

and 

(B) $850,000 is for the National Sex Offender Public 

Registry. 

JUVENILE JUSTICE PROGRAMS

For grants, contracts, cooperative agreements, and other assistance authorized by the Juvenile Justice and Delinquency Prevention 

Act of 1974 (‘‘the 1974 Act’’), the Omnibus Crime Control and 

Safe Streets Act of 1968 (‘‘the 1968 Act’’), the Violence Against 

Women and Department of Justice Reauthorization Act of 2005 

(Public Law 109–162), and other juvenile justice programs, 

including salaries and expenses in connection therewith to be transferred to and merged with the appropriations for Justice Assistance, 

$383,513,000, to remain available until expended as follows: (1) $658,000 for concentration of Federal efforts, as authorized by section 204 of the 1974 Act; (2) $74,260,000 for programs authorized by section 221 

of the 1974 Act, and for training and technical assistance 

to assist small, non-profit organizations with the Federal grants 

process; (3) $93,835,000 for grants and projects, as authorized by 

sections 261 and 262 of the 1974 Act; (4) $70,000,000 for youth mentoring grants; 

(5) $61,100,000 for delinquency prevention, as authorized 

by section 505 of the 1974 Act, of which, pursuant to sections 

261 and 262 thereof— 

(A) $14,100,000 shall be for the Tribal Youth Program; 

(B) $18,800,000 shall be for a gang resistance education 

and training program; and (C) $25,000,000 shall be for grants of $360,000 to each State and $4,840,000 shall be available for discretionary 


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121 STAT. 1912 PUBLIC LAW 110–161—DEC. 26, 2007 

grants, for programs and activities to enforce State laws 

prohibiting the sale of alcoholic beverages to minors or 

the purchase or consumption of alcoholic beverages by 

minors, for prevention and reduction of consumption of 

alcoholic beverages by minors, and for technical assistance 

and training; 

(6) $15,040,000 for expenses authorized by part AA of the 

1968 Act (Secure Our Schools); 

(7) $16,920,000 for programs authorized by the Victims 

of Child Abuse Act of 1990; and 

(8) $51,700,000 for the Juvenile Accountability Block 

Grants program as authorized by part R of the 1968 Act and 

Guam shall be considered a State: 

Provided, That not more than 10 percent of each amount may 

be used for research, evaluation, and statistics activities designed 

to benefit the programs or activities authorized: Provided further, 

That not more than 2 percent of each amount may be used for 

training and technical assistance: Provided further, That the previous two provisos shall not apply to grants and projects authorized 

by sections 261 and 262 of the 1974 Act. 

PUBLIC SAFETY OFFICERS BENEFITS

For payments and expenses authorized by part L of title I 

of the Omnibus Crime Control and Safe Streets Act of 1968 (42 

U.S.C. 3796), such sums as are necessary, as authorized by section 

6093 of Public Law 100–690 (102 Stat. 4339–4340) (including 

amounts for administrative costs, which amounts shall be paid 

to the ‘‘Justice Assistance’’ account), to remain available until 

expended; and $4,854,000 for payments authorized by section 

1201(b) of such Act; and $3,980,000 for educational assistance, 

as authorized by section 1212 of such Act: Provided, That, hereafter, 

funds available to conduct appeals under section 1205(c) of the 

1968 Act, which includes all claims processing, shall be available 

also for the same under subpart 2 of such part L and under 

any statute authorizing payment of benefits described under subpart 1 thereof, and for appeals from final decisions of the Bureau 

(under such part or any such statute) to the Court of Appeals 

for the Federal Circuit, which shall have exclusive jurisdiction 

thereof (including those, and any related matters, pending), and 

for expenses of representation of hearing examiners (who shall 

be presumed irrebuttably to enjoy quasi-judicial immunity in the 

discharge of their duties under such part or any such statute) 

in connection with litigation against them arising from such discharge. 

GENERAL PROVISIONS—DEPARTMENT OF JUSTICE

SEC. 201. In addition to amounts otherwise made available 

in this title for official reception and representation expenses, a 

total of not to exceed $50,000 from funds appropriated to the Department of Justice in this title shall be available to the Attorney 

General for official reception and representation expenses. 

SEC. 202. None of the funds appropriated by this title shall 

be available to pay for an abortion, except where the life of the 

mother would be endangered if the fetus were carried to term, 

or in the case of rape: Provided, That should this prohibition be 

Abortion. 

42 USC 3796c–2. 


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declared unconstitutional by a court of competent jurisdiction, this 

section shall be null and void. 

SEC. 203. None of the funds appropriated under this title shall 

be used to require any person to perform, or facilitate in any 

way the performance of, any abortion. 

SEC. 204. Nothing in the preceding section shall remove the 

obligation of the Director of the Bureau of Prisons to provide escort 

services necessary for a female inmate to receive such service outside the Federal facility: Provided, That nothing in this section 

in any way diminishes the effect of section 203 intended to address 

the philosophical beliefs of individual employees of the Bureau 

of Prisons. 

SEC. 205. Not to exceed 5 percent of any appropriation made 

available for the current fiscal year for the Department of Justice 

in this Act may be transferred between such appropriations, but 

no such appropriation, except as otherwise specifically provided, 

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 section 505 of this Act and 

shall not be available for obligation except in compliance with 

the procedures set forth in that section: Provided further, That 

none of the funds appropriated to ‘‘Buildings and Facilities, Federal 

Prison System’’ in this or any other Act may be transferred to 

‘‘Salaries and Expenses, Federal Prison System’’, or any other 

Department of Justice account, unless the President certifies that 

such a transfer is necessary to the national security interests of 

the United States, and such authority shall not be delegated, and 

shall be subject to section 505 of this Act. 

SEC. 206. The Attorney General is authorized to extend through 

September 30, 2009, the Personnel Management Demonstration 

Project transferred to the Attorney General pursuant to section 

1115 of the Homeland Security Act of 2002, Public Law 107– 

296 (6 U.S.C. 533) without limitation on the number of employees 

or the positions covered. 

SEC. 207. Notwithstanding any other provision of law, Public 

Law 102–395 section 102(b) shall extend to the Bureau of Alcohol, 

Tobacco, Firearms and Explosives in the conduct of undercover 

investigative operations and shall apply without fiscal year limitation with respect to any undercover investigative operation initiated 

by the Bureau of Alcohol, Tobacco, Firearms and Explosives that 

is necessary for the detection and prosecution of crimes against 

the United States. 

SEC. 208. None of the funds made available to the Department 

of Justice in this Act may be used for the purpose of transporting 

an individual who is a prisoner pursuant to conviction for crime 

under State or Federal law and is classified as a maximum or 

high security prisoner, other than to a prison or other facility 

certified by the Federal Bureau of Prisons as appropriately secure 

for housing such a prisoner. 

SEC. 209. (a) None of the funds appropriated by this Act may 

be used by Federal prisons to purchase cable television services, 

to rent or purchase videocassettes, videocassette recorders, or other 

audiovisual or electronic equipment used primarily for recreational 

purposes. 

(b) The preceding sentence does not preclude the renting, 

maintenance, or purchase of audiovisual or electronic equipment 

for inmate training, religious, or educational programs. 

Applicability. 

28 USC 533 note. 

5 USC 3104 note. 


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SEC. 210. None of the funds made available under this title 

shall be obligated or expended for Sentinel, or for any other major 

new or enhanced information technology program having total estimated development costs in excess of $100,000,000, unless the 

Deputy Attorney General and the investment review board certify 

to the Committees on Appropriations that the information technology program has appropriate program management and contractor oversight mechanisms in place, and that the program is 

compatible with the enterprise architecture of the Department of 

Justice. 

SEC. 211. Any deviation from the amounts designated for specific activities in this Act and accompanying report, or any use 

of deobligated balances of funds provided under this title in previous 

years, shall be subject to the procedures set forth in section 505 

of this Act. 

SEC. 212. (a) Section 589a of title 28, United States Code, 

is amended in subsection (b) by— 

(1) striking ‘‘and’’ in paragraph (8); 

(2) striking the period in paragraph (9) and inserting ‘‘; 

and’’; and 

(3) adding the following new paragraph: 

‘‘(10) fines imposed under section 110(l) of title 11, United 

States Code.’’. 

(b) Section 110(l)(4)(A) of title 11, United States Code, is 

amended to read as follows: 

‘‘(A) Fines imposed under this subsection in judicial districts 

served by United States trustees shall be paid to the United States 

trustees, who shall deposit an amount equal to such fines in the 

United States Trustee Fund.’’. 

SEC. 213. (a) Section 1930(a) of title 28, United States Code, 

is amended in paragraph (6) by striking everything after ‘‘whichever 

occurs first.’’ and inserting in lieu thereof: ‘‘The fee shall be $325 

for each quarter in which disbursements total less than $15,000; 

$650 for each quarter in which disbursements total $15,000 or 

more but less than $75,000; $975 for each quarter in which disbursements total $75,000 or more but less than $150,000; $1,625 for 

each quarter in which disbursements total $150,000 or more but 

less than $225,000; $1,950 for each quarter in which disbursements 

total $225,000 or more but less than $300,000; $4,875 for each 

quarter in which disbursements total $300,000 or more but less 

than $1,000,000; $6,500 for each quarter in which disbursements 

total $1,000,000 or more but less than $2,000,000; $9,750 for each 

quarter in which disbursements total $2,000,000 or more but less 

than $3,000,000; $10,400 for each quarter in which disbursements 

total $3,000,000 or more but less than $5,000,000; $13,000 for 

each quarter in which disbursements total $5,000,000 or more but 

less than $15,000,000; $20,000 for each quarter in which disbursements total $15,000,000 or more but less than $30,000,000; $30,000 

for each quarter in which disbursements total more than 

$30,000,000. The fee shall be payable on the last day of the calendar 

month following the calendar quarter for which the fee is owed.’’. 

(b) This section and the amendment made by this section 

shall take effect January 1, 2008, or the date of the enactment 

of this Act, whichever is later. 

SEC. 214. None of the funds appropriated by this Act may 

be used to plan for, begin, continue, finish, process, or approve 

a public-private competition under the Office of Management and 

Effective date. 

28 USC 1930 

note. 

Certification. 


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Budget Circular A–76 or any successor administrative regulation, 

directive, or policy for work performed by employees of the Bureau 

of Prisons or of Federal Prison Industries, Incorporated. 

SEC. 215. Notwithstanding any other provision of law, no funds 

shall be available for the salary, benefits, or expenses of any United 

States Attorney assigned dual or additional responsibilities by the 

Attorney General or his designee that exempt that United States 

Attorney from the residency requirements of 28 U.S.C. 545. 

SEC. 216. Of the funds appropriated in this Act for the Federal Bureau of Investigation’s Sentinel program, $25,000,000 shall not 

be available for obligation until 60 days after the Committees 

on Appropriations receive from the Federal Bureau of Investigation 

a report on the results of a completed integrated baseline review 

for that program: Provided, That the report shall be submitted 

simultaneously to the Government Accountability Office: Provided 

further, That the Government Accountability Office shall review 

the Bureau’s performance measurement baseline for the Sentinel 

program and shall submit its findings to the Committees on Appropriations of the Senate and House of Representatives within 60 

days of its receipt of the report. 

SEC. 217. None of the funds appropriated in this or any other 

Act shall be obligated for the initiation of a future phase of the 

Federal Bureau of Investigation’s Sentinel program until the 

Attorney General certifies to the Committees on Appropriations 

that existing phases currently under contract for development or 

fielding have completed a majority of the work for that phase 

under the performance measurement baseline validated by the 

integrated baseline review referred to in section 216 of this Act: 

Provided, That this restriction does not apply to planning and 

design activities for future phases: Provided further, That the 

Bureau will notify the Committees on Appropriations of any significant changes to the baseline. 

SEC. 218. (a) The Attorney General shall submit quarterly 

reports to the Inspector General of the Department of Justice 

regarding the costs and contracting procedures relating to each 

conference held by the Department of Justice during fiscal year 

2008 for which the cost to the Government was more than $20,000. 

(b) Each report submitted under subsection (a) shall include, 

for each conference described in that subsection held during the 

applicable quarter— 

(1) a description of the subject of and number of participants attending that conference; 

(2) a detailed statement of the costs to the Government 

relating to that conference, including— 

(A) the cost of any food or beverages; 

(B) the cost of any audio-visual services; and 

(C) a discussion of the methodology used to determine 

which costs relate to that conference; and 

(3) a description of the contracting procedures relating 

to that conference, including— 

(A) whether contracts were awarded on a competitive 

basis for that conference; and 

(B) a discussion of any cost comparison conducted by 

the Department of Justice in evaluating potential contractors for that conference. 

SEC. 219. Notwithstanding any other provision of law, a public 

or private institution of higher education may offer or provide 

Reports. 

Notification. 

Certification. 

Reports. 

Deadlines. 


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121 STAT. 1916 PUBLIC LAW 110–161—DEC. 26, 2007 

an officer or employee of any branch of the United States Government or of the District of Columbia, who is a current or former 

student of such institution, financial assistance for the purpose 

of repaying a student loan or forbearance of student loan repayment, 

and an officer or employee of any branch of the United States 

Government or of the District of Columbia may seek or receive 

such assistance or forbearance. 

SEC. 220. (a) Section 2996(a) of the Omnibus Crime Control 

and Safe Streets Act of 1968 (42 U.S.C. 3797cc(a)) is amended— 

(1) in paragraph (1)— 

(A) in the matter preceding subparagraph (A), by 

inserting ‘‘, territories, and Indian tribes (as defined in 

section 2704)’’ after ‘‘to assist States’’; and 

(B) in subparagraph (B), by striking ‘‘and local’’ and 

inserting ‘‘, territorial, Tribal, and local’’; 

(2) in paragraph (2), by inserting ‘‘, territories, and Indian 

tribes’’ after ‘‘make grants to States’’; and 

(3) in paragraph (3)(C), by inserting ‘‘, Tribal,’’ after ‘‘support State’’. 

(b) Section 755(a) of the USA PATRIOT Improvement and 

Reauthorization Act of 2005 (42 U.S.C. 3797cc–2(a)) is amended 

by inserting ‘‘, territories, and Indian tribes (as defined in section 

2704 of the Omnibus Crime Control and Safe Streets Act of 1968 

(42 U.S.C. 3797d))’’ after ‘‘make grants to States’’. 

(c) Section 756 of the USA PATRIOT Improvement and 

Reauthorization Act of 2005 (42 U.S.C. 3797cc–3) is amended— 

(1) in subsection (a)(2), by inserting ‘‘, territorial, or Tribal’’ 

after ‘‘State’’; 

(2) in subsection (b)— 

(A) in paragraph (1)— 

(i) by inserting ‘‘, territorial, or Tribal’’ after 

‘‘State’’; and 

(ii) by striking ‘‘and/or’’ and inserting ‘‘or’’; 

(B) in paragraph (2)— 

(i) by inserting ‘‘, territory, Indian tribe,’’ after 

‘‘agency of the State’’; and 

(ii) by inserting ‘‘, territory, Indian tribe,’’ after 

‘‘criminal laws of that State’’; and 

(C) by adding at the end the following: 

‘‘(C) INDIAN TRIBE.—The term ‘Indian tribe’ has the 

meaning given the term in section 2704 of the Omnibus 

Crime Control and Safe Streets Act of 1968 (42 U.S.C. 

3797d).’’; and 

(3) in subsection (c)— 

(A) in paragraph (3), by striking ‘‘Indian Tribes’’ and 

inserting ‘‘Indian tribes’’; and 

(B) in paragraph (4)— 

(i) in the matter preceding subparagraph (A)— 

(I) by striking ‘‘State’s’’; and 

(II) by striking ‘‘and/or’’ and inserting ‘‘or’’; 

(ii) in subparagraph (A), by striking ‘‘State’’; 

(iii) in subparagraph (C), by inserting ‘‘, Indian 

tribes,’’ after ‘‘involved counties’’; and 

(iv) in subparagraph (D), by inserting ‘‘, Tribal’’ 

after ‘‘Federal, State’’. 

This title may be cited as the ‘‘Department of Justice Appropriations Act, 2008’’. 


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TITLE III 

SCIENCE 

OFFICE OF SCIENCE AND TECHNOLOGY POLICY

For necessary expenses of the Office of Science and Technology 

Policy, in carrying out the purposes of the National Science and 

Technology Policy, Organization, and Priorities Act of 1976 (42 

U.S.C. 6601–6671), hire of passenger motor vehicles, and services 

as authorized by 5 U.S.C. 3109, not to exceed $2,500 for official 

reception and representation expenses, and rental of conference 

rooms in the District of Columbia, $5,184,000. 

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

SCIENCE, AERONAUTICS AND EXPLORATION

For necessary expenses in the conduct and support of science, 

aeronautics and exploration research and development activities, 

including research, development, operations, support and services; 

maintenance; construction of facilities including repair, rehabilitation, revitalization and modification of facilities, construction of 

new facilities and additions to existing facilities, facility planning 

and design, and restoration, and acquisition or condemnation of 

real property, as authorized by law; environmental compliance and 

restoration; space flight, spacecraft control and communications 

activities including operations, production, and services; program 

management; personnel and related costs, including uniforms or 

allowances therefor, as authorized by 5 U.S.C. 5901–5902; travel 

expenses; purchase and hire of passenger motor vehicles; not to 

exceed $35,000 for official reception and representation expenses; 

and purchase, lease, charter, maintenance and operation of mission 

and administrative aircraft, $10,543,100,000, to remain available 

until September 30, 2009: Provided, That, of the amounts provided under this heading, $5,577,310,000 shall be for science, 

$625,280,000 shall be for aeronautics research, $3,842,010,000 shall 

be for exploration systems, and $556,400,000 shall be for crossagency support programs: Provided further, That the amounts in 

the previous proviso shall be reduced by $57,900,000 in corporate 

and general administrative expenses and the reduction shall be 

applied proportionally to each amount therein: Provided further, 

That none of the funds under this heading shall be used for any 

research, development, or demonstration activities related exclusively to the human exploration of Mars. 

EXPLORATION CAPABILITIES

For necessary expenses in the conduct and support of exploration capabilities research and development activities, including 

research, development, operations, support and services; space 

flight, spacecraft control and communications activities including 

operations, production, and services; maintenance; construction of 

facilities including repair, rehabilitation, revitalization and modification of facilities, construction of new facilities and additions 

to existing facilities, facility planning and design, and restoration, 

and acquisition or condemnation of real property, as authorized 

by law; environmental compliance and restoration; program 

Mars. 

Science 

Appropriations 

Act, 2008. 


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management; personnel and related costs, including uniforms or 

allowances therefor, as authorized by 5 U.S.C. 5901–5902; travel 

expenses; purchase and hire of passenger motor vehicles; not to 

exceed $35,000 for official reception and representation expenses; 

and purchase, lease, charter, maintenance and operation of mission 

and administrative aircraft, $6,733,700,000, to remain available 

until September 30, 2009: Provided, That of the amounts provided 

under this heading, $4,000,000,000 shall be for Space Shuttle operations, production, research, development, and support and 

$2,220,000,000 shall be for International Space Station operations, 

production, research, development, and support: Provided further, 

That amounts funded under this heading shall be reduced by 

$32,000,000 in corporate and general administrative expenses and 

the reduction shall be applied proportionally to each amount 

therein. 

OFFICE OF INSPECTOR GENERAL

For necessary expenses of the Office of Inspector General in 

carrying out the Inspector General Act of 1978, $32,600,000, to 

remain available until September 30, 2009. 

ADMINISTRATIVE PROVISIONS

(INCLUDING TRANSFER OF FUNDS) 

Notwithstanding the limitation on the duration of availability 

of funds appropriated for ‘‘Science, Aeronautics and Exploration’’ 

or ‘‘Exploration Capabilities’’ under this title, when any activity 

has been initiated by the incurrence of obligations for construction 

of facilities or environmental compliance and restoration activities 

as authorized by law, such amount available for such activity shall 

remain available until expended. This provision does not apply 

to the amounts appropriated for institutional minor revitalization 

and minor construction of facilities, and institutional facility planning and design. 

Notwithstanding the limitation on the availability of funds 

appropriated for ‘‘Science, Aeronautics and Exploration’’ or ‘‘Exploration Capabilities’’ by this appropriations Act, the amounts appropriated for construction of facilities shall remain available until 

September 30, 2010. 

Funds for announced prizes otherwise authorized shall remain 

available, without fiscal year limitation, until the prize is claimed 

or the offer is withdrawn. Funding shall not be made available 

for Centennial Challenges unless authorized. 

Not to exceed 5 percent of any appropriation made available 

for the current fiscal year for the National Aeronautics and Space 

Administration in this Act may be transferred between such appropriations, but no such appropriation, except as otherwise specifically 

provided, shall be increased by more than 10 percent by any such 

transfers. Any transfer pursuant to this provision shall be treated 

as a reprogramming of funds under section 505 of this Act and 

shall not be available for obligation except in compliance with 

the procedures set forth in that section. 

Notwithstanding any other provision of law, no funds shall 

be used to implement any Reduction in Force or other involuntary 

separations (except for cause) by the National Aeronautics and 

Space Administration prior to September 30, 2008. 


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PUBLIC LAW 110–161—DEC. 26, 2007 121 STAT. 1919 

The Administrator of the National Aeronautics and Space 

Administration shall prepare a strategy for minimizing job losses 

when the National Aeronautics and Space Administration transitions from the Space Shuttle to a successor human-rated space 

transport vehicle. This strategy shall include: (1) specific initiatives 

that the National Aeronautics and Space Administration has undertaken, or plans to undertake, to maximize the utilization of existing 

civil service and contractor workforces at each of the affected Centers; (2) efforts to equitably distribute tasks and workload between 

the Centers to mitigate the brunt of job losses being borne by 

only certain Centers; (3) new workload, tasks, initiatives, and missions being secured for the affected Centers; and (4) overall projections of future civil service and contractor workforce levels at the 

affected Centers. The Administrator shall transmit this strategy 

to Congress not later than 90 days after the date of enactment 

of this Act. The Administrator shall update and transmit to Congress this strategy not less than every six months thereafter until 

the successor human-rated space transport vehicle is fully operational. 

For fiscal year 2009 and hereafter, the National Aeronautics 

and Space Administration shall provide, at a minimum, the following information in its annual budget justification: 

(1) The actual, current, proposed funding level, and estimated budgets for the next five fiscal years by directorate, 

theme, program, project and activity within each appropriations 

account. 

(2) The proposed programmatic and non-programmatic 

construction of facilities. 

(3) The budget for headquarters including— 

(A) the budget by office, and any division thereof, for 

the actual, current, proposed funding level, and estimated 

budgets for the next five fiscal years; 

(B) the travel budget for each office, and any division 

thereof, for the actual, current, and proposed funding level; 

and 

(C) the civil service full time equivalent assignments 

per headquarters office, and any division thereof, including 

the number of Senior Executive Service, noncareer, 

detailee, and contract personnel per office. 

(4) Within 14 days of the submission of the budget to 

the Congress an accompanying volume shall be provided to 

the Committees on Appropriations containing the following 

information for each center, facility managed by any center, 

and federally funded research and development center operated 

on behalf of the National Aeronautics and Space Administration: 

(A) The actual, current, proposed funding level, and 

estimated budgets for the next five fiscal years by directorate, theme, program, project, and activity. 

(B) The proposed programmatic and non-programmatic 

construction of facilities. 

(C) The number of civil service full time equivalent 

positions per center for each identified fiscal year. 

(D) The number of civil service full time equivalent 

positions considered to be uncovered capacity at each location for each identified fiscal year. 

Deadline. 

42 USC 16611b. 

Deadlines. 

Strategy. 

42 USC 16762 

note. 


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(5) The proposed budget as designated by object class for 

each directorate, theme, and program. 

(6) Sufficient narrative shall be provided to explain the 

request for each program, project, and activity, and an explanation for any deviation to previously adopted baselines for 

all justification materials provided to the Committees. 

The Administrator of the National Aeronautics and Space 

Administration shall submit quarterly reports to the Inspector General of the National Aeronautics and Space Administration 

regarding the costs and contracting procedures relating to each 

conference or meeting, held by the National Aeronautics and Space 

Administration during fiscal year 2008 for which the cost to the 

Government was more than $20,000. 

Each report submitted shall include, for each conference 

described in that subsection held during the applicable quarter— 

(1) a description of the number of and purpose of participants attending that conference or meeting; 

(2) a detailed statement of the costs to the Government 

relating to that conference or meeting, including— 

(A) the cost of any food or beverages; 

(B) the cost of any audio-visual services; 

(C) the cost of all related travel; and 

(D) a discussion of the methodology used to determine 

which costs relate to that conference or meeting; and 

(3) a description of the contracting procedures relating 

to that conference or meeting, including— 

(A) whether contracts were awarded on a competitive 

basis; and 

(B) a discussion of any cost comparison conducted by 

the National Aeronautics and Space Administration in 

evaluating potential contractors for any conference or 

meeting. 

The Administrator of NASA shall, not later than September 

30, 2008, submit to the appropriate committees of Congress a report 

on each conference for which the agency paid travel expenses during 

fiscal year 2008 that includes— 

(1) the itemized expenses paid by the agency, including 

travel expenses and any agency expenditure to otherwise support the conference; 

(2) the primary sponsor of the conference; 

(3) the location of the conference; 

(4) in the case of a conference for which the agency was 

the primary sponsor, a statement that— 

(A) justifies the location selected; 

(B) demonstrates the cost efficiency of the location; 

(C) the date of the conference; 

(D) a brief explanation how the conference advanced 

the mission of the agency; and 

(E) the total number of individuals who travel or 

attendance at the conference was paid for in part or full 

by the agency. 

In this provision, the term conference means a meeting that— 

(1) is held for consultation, education, awareness, or discussion; 

(2) includes participants who are not all employees of the 

same agency; 

(3) is not held entirely at an agency facility; 

Reports. 

Deadline. 

Reports. 

Deadline. 


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PUBLIC LAW 110–161—DEC. 26, 2007 121 STAT. 1921 

(4) involves costs associated with travel and lodging for 

some participants; and 

(5) is sponsored by 1 or more agencies, 1 or more organizations that are not agencies, or a combination of such agencies 

or organizations. 

NATIONAL SCIENCE FOUNDATION

RESEARCH AND RELATED ACTIVITIES

For necessary expenses in carrying out the National Science 

Foundation Act of 1950, as amended (42 U.S.C. 1861–1875), and 

the Act to establish a National Medal of Science (42 U.S.C. 1880– 

1881); services as authorized by 5 U.S.C. 3109; maintenance and 

operation of aircraft and purchase of flight services for research 

support; acquisition of aircraft; and authorized travel; 

$4,821,474,000, to remain available until September 30, 2009, of 

which not to exceed $510,000,000 shall remain available until 

expended for polar research and operations support, and for 

reimbursement to other Federal agencies for operational and science 

support and logistical and other related activities for the United 

States Antarctic program: Provided, That from funds specified in 

the fiscal year 2008 budget request for icebreaking services, up 

to $57,000,000 shall be available for the procurement of polar 

icebreaking services: Provided further, That the National Science 

Foundation shall only reimburse the Coast Guard for such sums 

as are agreed to according to the existing memorandum of agreement: Provided further, That $2,240,000 shall be transferred to 

the ‘‘Office of Science and Technology Policy’’ for costs associated 

with the Science and Technology Policy Institute/RaDiUS: Provided 

further, That receipts for scientific support services and materials 

furnished by the National Research Centers and other National 

Science Foundation supported research facilities may be credited 

to this appropriation. 

MAJOR RESEARCH EQUIPMENT AND FACILITIES CONSTRUCTION

For necessary expenses for the acquisition, construction, 

commissioning, and upgrading of major research equipment, facilities, and other such capital assets pursuant to the National Science 

Foundation Act of 1950, as amended (42 U.S.C. 1861–1875), 

including authorized travel, $220,740,000, to remain available until 

expended. 

EDUCATION AND HUMAN RESOURCES

For necessary expenses in carrying out science and engineering 

education and human resources programs and activities pursuant 

to the National Science Foundation Act of 1950, as amended (42 

U.S.C. 1861–1875), including services as authorized by 5 U.S.C. 

3109, authorized travel, and rental of conference rooms in the 

District of Columbia, $725,600,000, to remain available until September 30, 2009. 

AGENCY OPERATIONS AND AWARD MANAGEMENT

For agency operations and award management necessary in 

carrying out the National Science Foundation Act of 1950, as 


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121 STAT. 1922 PUBLIC LAW 110–161—DEC. 26, 2007 

amended (42 U.S.C. 1861–1875); services authorized by 5 U.S.C. 

3109; hire of passenger motor vehicles; not to exceed $9,000 for 

official reception and representation expenses; uniforms or allowances therefor, as authorized by 5 U.S.C. 5901–5902; rental of 

conference rooms in the District of Columbia; and reimbursement 

of the General Services Administration for security guard services; 

$281,790,000: Provided, That contracts may be entered into under 

this heading in fiscal year 2008 for maintenance and operation 

of facilities, and for other services, to be provided during the next 

fiscal year. 

OFFICE OF THE NATIONAL SCIENCE BOARD

For necessary expenses (including payment of salaries, authorized travel, hire of passenger motor vehicles, the rental of conference 

rooms in the District of Columbia, and the employment of experts 

and consultants under section 3109 of title 5, United States Code) 

involved in carrying out section 4 of the National Science Foundation Act of 1950, as amended (42 U.S.C. 1863) and Public Law 

86–209 (42 U.S.C. 1880 et seq.), $3,969,000: Provided, That not 

to exceed $9,000 shall be available for official reception and representation expenses. 

OFFICE OF INSPECTOR GENERAL

For necessary expenses of the Office of Inspector General as 

authorized by the Inspector General Act of 1978, as amended, 

$11,427,000, to remain available until September 30, 2009. 

This title may be cited as the ‘‘Science Appropriations Act, 

2008’’. 

TITLE IV 

RELATED AGENCIES 

COMMISSION ON CIVIL RIGHTS

SALARIES AND EXPENSES

For necessary expenses of the Commission on Civil Rights, 

including hire of passenger motor vehicles, $8,460,000: Provided, 

That none of the funds appropriated in this paragraph shall be 

used to employ in excess of four full-time individuals under Schedule 

C of the Excepted Service exclusive of one special assistant for 

each Commissioner: Provided further, That none of the funds appropriated in this paragraph shall be used to reimburse Commissioners 

for more than 75 billable days, with the exception of the chairperson, 

who is permitted 125 billable days. 

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

SALARIES AND EXPENSES

For necessary expenses of the Equal Employment Opportunity 

Commission as authorized by title VII of the Civil Rights Act 

of 1964, the Age Discrimination in Employment Act of 1967, the 

Equal Pay Act of 1963, the Americans with Disabilities Act of 

1990, and the Civil Rights Act of 1991, including services as authorized by 5 U.S.C. 3109; hire of passenger motor vehicles as authorized 


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PUBLIC LAW 110–161—DEC. 26, 2007 121 STAT. 1923 

by 31 U.S.C. 1343(b); nonmonetary awards to private citizens; and 

not to exceed $29,140,000 for payments to State and local enforcement agencies for authorized services to the Commission, 

$329,300,000: Provided, That the Commission is authorized to make 

available for official reception and representation expenses not to 

exceed $2,500 from available funds: Provided further, That the 

Commission may take no action to implement any workforce repositioning, restructuring, or reorganization until such time as the 

House and Senate Committees on Appropriations have been notified 

of such proposals, in accordance with the reprogramming requirements of section 505 of this Act. 

INTERNATIONAL TRADE COMMISSION

SALARIES AND EXPENSES

For necessary expenses of the International Trade Commission, 

including hire of passenger motor vehicles, and services as authorized by 5 U.S.C. 3109, and not to exceed $2,500 for official reception 

and representation expenses, $68,400,000, to remain available until 

expended. 

LEGAL SERVICES CORPORATION

PAYMENT TO THE LEGAL SERVICES CORPORATION

For payment to the Legal Services Corporation to carry out 

the purposes of the Legal Services Corporation Act of 1974, 

$350,490,000, of which $332,390,000 is for basic field programs 

and required independent audits; $3,000,000 is for the Office of 

Inspector General, of which such amounts as may be necessary 

may be used to conduct additional audits of recipients; $12,500,000 

is for management and administration; $2,100,000 is for client 

self-help and information technology; and $500,000 is for loan repayment assistance: Provided, That the Legal Services Corporation 

may continue to provide locality pay to officers and employees 

at a rate no greater than that provided by the Federal Government 

to Washington, DC-based employees as authorized by 5 U.S.C. 

5304, notwithstanding section 1005(d) of the Legal Services Corporation Act, 42 U.S.C. 2996(d). 

ADMINISTRATIVE PROVISION—LEGAL SERVICES CORPORATION

None of the funds appropriated in this Act to the Legal Services 

Corporation shall be expended for any purpose prohibited or limited 

by, or contrary to any of the provisions of, sections 501, 502, 

503, 504, 505, and 506 of Public Law 105–119, and all funds 

appropriated in this Act to the Legal Services Corporation shall 

be subject to the same terms and conditions set forth in such 

sections, except that all references in sections 502 and 503 to 

1997 and 1998 shall be deemed to refer instead to 2007 and 2008, 

respectively. 

MARINE MAMMAL COMMISSION

SALARIES AND EXPENSES

For necessary expenses of the Marine Mammal Commission 

as authorized by title II of Public Law 92–522, $2,820,000. 

Notification. 


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NATIONAL VETERANS BUSINESS DEVELOPMENT CORPORATION

SALARIES AND EXPENSES

For necessary expenses of the National Veterans Business 

Development Corporation established under section 33 of the Small 

Business Act (15 U.S.C. 657c), $1,410,000, to remain available 

until expended. 

OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE

SALARIES AND EXPENSES

For necessary expenses of the Office of the United States Trade 

Representative, including the hire of passenger motor vehicles and 

the employment of experts and consultants as authorized by 5 

U.S.C. 3109, $44,120,000, of which $1,000,000 shall remain available until expended: Provided, That not to exceed $124,000 shall 

be available for official reception and representation expenses: Provided further, That negotiations shall be conducted within the World 

Trade Organization to recognize the right of members to distribute 

monies collected from antidumping and countervailing duties: Provided further, That negotiations shall be conducted within the World 

Trade Organization consistent with the negotiating objectives contained in the Trade Act of 2002, Public Law 107–210. 

STATE JUSTICE INSTITUTE

SALARIES AND EXPENSES

For necessary expenses of the State Justice Institute, as authorized by the State Justice Institute Authorization Act of 1992 (Public 

Law 102–572), $3,760,000: Provided, That not to exceed $2,500 

shall be available for official reception and representation expenses. 

TITLE V 

GENERAL PROVISIONS 

(INCLUDING TRANSFER OF FUNDS) 

SEC. 501. No part of any appropriation contained in this Act 

shall be used for publicity or propaganda purposes not authorized 

by the Congress. 

SEC. 502. No part of any appropriation contained in this Act 

shall remain available for obligation beyond the current fiscal year 

unless expressly so provided herein. 

SEC. 503. The expenditure of any appropriation under this 

Act for any consulting service through procurement contract, pursuant to 5 U.S.C. 3109, 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. 504. If any provision of this Act or the application of 

such provision to any person or circumstances shall be held invalid, 

the remainder of the Act and the application of each provision 

to persons or circumstances other than those as to which it is 

held invalid shall not be affected thereby. 

Contracts. 

Negotiations. 


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PUBLIC LAW 110–161—DEC. 26, 2007 121 STAT. 1925 

SEC. 505. (a) None of the funds provided under this Act, or 

provided under previous appropriations Acts to the agencies funded 

by this Act that remain available for obligation or expenditure 

in fiscal year 2008, or provided from any accounts in the Treasury 

of the United States derived by the collection of fees available 

to the agencies funded by this Act, shall be available for obligation 

or expenditure through a reprogramming of funds that: (1) creates 

new programs; (2) eliminates a program, project, or activity; (3) 

increases funds or personnel by any means for any project or 

activity for which funds have been denied or restricted; (4) relocates 

an office or employees; (5) reorganizes or renames offices, programs, 

or activities; or (6) contracts out or privatizes any functions or 

activities presently performed by Federal employees; unless the 

House and Senate Committees on Appropriations are notified 15 

days in advance of such reprogramming of funds. 

(b) None of the funds provided under this Act, or provided 

under previous appropriations Acts to the agencies funded by this 

Act that remain available for obligation or expenditure in fiscal 

year 2008, or provided from any accounts in the Treasury of the 

United States derived by the collection of fees available to the 

agencies funded by this Act, shall be available for obligation or 

expenditure for activities, programs, or projects through a reprogramming of funds in excess of $500,000 or 10 percent, whichever is less, that: (1) augments existing programs, projects, or 

activities; (2) reduces by 10 percent funding for any existing program, project, or activity, or numbers of personnel by 10 percent 

as approved by Congress; or (3) results from any general savings, 

including savings from a reduction in personnel, which would result 

in a change in existing programs, activities, or projects as approved 

by Congress; unless the House and Senate Committees on Appropriations are notified 15 days in advance of such reprogramming 

of funds. 

SEC. 506. Hereafter, none of the funds made available in this 

Act or any other Act may be used for the construction, repair 

(other than emergency repair), overhaul, conversion, or modernization of vessels for the National Oceanic and Atmospheric Administration in shipyards located outside of the United States. 

SEC. 507. Hereafter, none of the funds made available in this 

Act may be used to implement, administer, or enforce any guidelines 

of the Equal Employment Opportunity Commission covering harassment based on religion, when it is made known to the Federal 

entity or official to which such funds are made available that 

such guidelines do not differ in any respect from the proposed 

guidelines published by the Commission on October 1, 1993 (58 

Fed. Reg. 51266). 

SEC. 508. If it has been finally determined by a court or Federal 

agency that any person intentionally affixed a label bearing a 

‘‘Made in America’’ inscription, or any inscription with the same 

meaning, to any product sold in or shipped to the United States 

that is not made in the United States, the person shall be ineligible 

to receive any contract or subcontract made with funds made available in this Act, pursuant to the debarment, suspension, and ineligibility procedures described in sections 9.400 through 9.409 of title 

48, Code of Federal Regulations. 

SEC. 509. The Departments of Commerce and Justice, the 

National Science Foundation, and the National Aeronautics and 

Space Administration, shall provide to the House and Senate 

Deadline. 

Reports. 

Religious 

harassment. 

33 USC 891e–1. 

Notifications. 

Deadlines. 


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Committees on Appropriations a quarterly accounting of the cumulative balances of any unobligated funds that were received by 

such agency during any previous fiscal year. 

SEC. 510. Any costs incurred by a department or agency funded 

under this Act resulting from, or to prevent, personnel actions 

taken in response to funding reductions included in this Act shall 

be absorbed within the total budgetary resources available to such 

department or agency: Provided, That the authority to transfer 

funds between appropriations accounts as may be necessary to 

carry out this section is provided in addition to authorities included 

elsewhere in this Act: Provided further, That use of funds to carry 

out this section shall be treated as a reprogramming of funds 

under section 505 of this Act and shall not be available for obligation 

or expenditure except in compliance with the procedures set forth 

in that section. 

SEC. 511. None of the funds provided by this Act shall be 

available to promote the sale or export of tobacco or tobacco products, or to seek the reduction or removal by any foreign country 

of restrictions on the marketing of tobacco or tobacco products, 

except for restrictions which are not applied equally to all tobacco 

or tobacco products of the same type. 

SEC. 512. None of the funds appropriated pursuant to this 

Act or any other provision of law may be used for— 

(1) the implementation of any tax or fee in connection 

with the implementation of subsection 922(t) of title 18, United 

States Code; and 

(2) any system to implement subsection 922(t) of title 18, 

United States Code, that does not require and result in the 

destruction of any identifying information submitted by or on 

behalf of any person who has been determined not to be prohibited from possessing or receiving a firearm no more than 24 

hours after the system advises a Federal firearms licensee 

that possession or receipt of a firearm by the prospective transferee would not violate subsection (g) or (n) of section 922 

of title 18, United States Code, or State law. 

SEC. 513. Notwithstanding any other provision of law, amounts 

deposited or available in the Fund established under 42 U.S.C. 

10601 in any fiscal year in excess of $590,000,000 shall not be 

available for obligation until the following fiscal year. 

SEC. 514. None of the funds made available to the Department 

of Justice in this Act may be used to discriminate against or 

denigrate the religious or moral beliefs of students who participate 

in programs for which financial assistance is provided from those 

funds, or of the parents or legal guardians of such students. 

SEC. 515. 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. 516. With the consent of the President, the Secretary 

of Commerce shall represent the United States Government in 

negotiating and monitoring international agreements regarding 

fisheries, marine mammals, or sea turtles: Provided, That the Secretary of Commerce shall be responsible for the development and 

interdepartmental coordination of the policies of the United States 

with respect to the international negotiations and agreements 

referred to in this section. 

President. 

International 

agreements. 

Discrimination. 

42 USC 10601 

note. 

Tobacco and 

tobacco products. 


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SEC. 517. Any funds provided in this Act used to implement 

E-Government Initiatives shall be subject to the procedures set 

forth in section 505 of this Act. 

SEC. 518. (a) Tracing studies conducted by the Bureau of 

Alcohol, Tobacco, Firearms and Explosives are released without 

adequate disclaimers regarding the limitations of the data. 

(b) The Bureau of Alcohol, Tobacco, Firearms and Explosives 

shall include in all such data releases, language similar to the 

following that would make clear that trace data cannot be used 

to draw broad conclusions about firearms-related crime: 

(1) Firearm traces are designed to assist law enforcement 

authorities in conducting investigations by tracking the sale 

and possession of specific firearms. Law enforcement agencies 

may request firearms traces for any reason, and those reasons 

are not necessarily reported to the Federal Government. Not 

all firearms used in crime are traced and not all firearms 

traced are used in crime. 

(2) Firearms selected for tracing are not chosen for purposes 

of determining which types, makes, or models of firearms are 

used for illicit purposes. The firearms selected do not constitute 

a random sample and should not be considered representative 

of the larger universe of all firearms used by criminals, or 

any subset of that universe. Firearms are normally traced 

to the first retail seller, and sources reported for firearms 

traced do not necessarily represent the sources or methods 

by which firearms in general are acquired for use in crime. 

SEC. 519. (a) The Inspectors General of the Department of 

Commerce, the Department of Justice, the National Aeronautics 

and Space Administration, and the National Science Foundation 

shall conduct audits, pursuant to the Inspector General Act (5 

U.S.C. App.), of grants or contracts for which funds are appropriated 

by this Act, and shall submit reports to Congress on the progress 

of such audits, which may include preliminary findings and a 

description of areas of particular interest, within 180 days after 

initiating such an audit and every 180 days thereafter until any 

such audit is completed. 

(b) Within 60 days after the date on which an audit described 

in subsection (a) by an Inspector General is completed, the Secretary, Attorney General, Administrator, or Director, as appropriate, 

shall make the results of the audit available to the public on 

the Internet website maintained by the Department, Administration, or Foundation, respectively. The results shall be made available in redacted form to exclude— 

(1) any matter described in section 552(b) of title 5, United 

States Code; and 

(2) sensitive personal information for any individual, the 

public access to which could be used to commit identity theft 

or for other inappropriate or unlawful purposes. 

(c) A grant or contract funded by amounts appropriated by 

this Act may not be used for the purpose of defraying the costs 

of a banquet or conference that is not directly and programmatically 

related to the purpose for which the grant or contract was awarded, 

such as a banquet or conference held in connection with planning, 

training, assessment, review, or other routine purposes related to 

a project funded by the grant or contract. 

(d) Any person awarded a grant or contract funded by amounts 

appropriated by this Act shall submit a statement to the Secretary 

Certification. 

Public 

information. 

Website. 

Audits. 

Reports. 

Deadlines. 

Firearm traces. 


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121 STAT. 1928 PUBLIC LAW 110–161—DEC. 26, 2007 

of Commerce, the Attorney General, the Administrator, or the 

Director, as appropriate, certifying that no funds derived from the 

grant or contract will be made available through a subcontract 

or in any other manner to another person who has a financial 

interest in the person awarded the grant or contract. 

(e) The provisions of the preceding subsections of this section 

shall take effect 30 days after the date on which the Director 

of the Office of Management and Budget, in consultation with 

the Director of the Office of Government Ethics, determines that 

a uniform set of rules and requirements, substantially similar to 

the requirements in such subsections, consistently apply under 

the executive branch ethics program to all Federal departments, 

agencies, and entities. 

SEC. 520. None of the funds appropriated or otherwise made 

available under this Act may be used to issue patents on claims 

directed to or encompassing a human organism. 

SEC. 521. None of the funds made available in this Act shall 

be used in any way whatsoever to support or justify the use of 

torture by any official or contract employee of the United States 

Government. 

SEC. 522. (a) Notwithstanding any other provision of law or 

treaty, none of the funds appropriated or otherwise made available 

under this Act or any other Act may be expended or obligated 

by a department, agency, or instrumentality of the United States 

to pay administrative expenses or to compensate an officer or 

employee of the United States in connection with requiring an 

export license for the export to Canada of components, parts, accessories or attachments for firearms listed in Category I, section 

121.1 of title 22, Code of Federal Regulations (International Trafficking in Arms Regulations (ITAR), part 121, as it existed on 

April 1, 2005) with a total value not exceeding $500 wholesale 

in any transaction, provided that the conditions of subsection (b) 

of this section are met by the exporting party for such articles. 

(b) The foregoing exemption from obtaining an export license— 

(1) does not exempt an exporter from filing any Shipper’s 

Export Declaration or notification letter required by law, or 

from being otherwise eligible under the laws of the United 

States to possess, ship, transport, or export the articles enumerated in subsection (a); and 

(2) does not permit the export without a license of— 

(A) fully automatic firearms and components and parts 

for such firearms, other than for end use by the Federal 

Government, or a Provincial or Municipal Government of 

Canada; 

(B) barrels, cylinders, receivers (frames) or complete 

breech mechanisms for any firearm listed in Category I, 

other than for end use by the Federal Government, or 

a Provincial or Municipal Government of Canada; or 

(C) articles for export from Canada to another foreign 

destination. 

(c) In accordance with this section, the District Directors of 

Customs and postmasters shall permit the permanent or temporary 

export without a license of any unclassified articles specified in 

subsection (a) to Canada for end use in Canada or return to the 

United States, or temporary import of Canadian-origin items from 

Canada for end use in the United States or return to Canada 

for a Canadian citizen. 

Exports. 

Canada. 

Torture. 

Effective date. 


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PUBLIC LAW 110–161—DEC. 26, 2007 121 STAT. 1929 

(d) The President may require export licenses under this section 

on a temporary basis if the President determines, upon publication 

first in the Federal Register, that the Government of Canada has 

implemented or maintained inadequate import controls for the articles specified in subsection (a), such that a significant diversion 

of such articles has and continues to take place for use in international terrorism or in the escalation of a conflict in another 

nation. The President shall terminate the requirements of a license 

when reasons for the temporary requirements have ceased. 

SEC. 523. Notwithstanding any other provision of law, no 

department, agency, or instrumentality of the United States 

receiving appropriated funds under this Act or any other Act shall 

obligate or expend in any way such funds to pay administrative 

expenses or the compensation of any officer or employee of the 

United States to deny any application submitted pursuant to 22 

U.S.C. 2778(b)(1)(B) and qualified pursuant to 27 CFR section 

478.112 or .113, for a permit to import United States origin ‘‘curios 

or relics’’ firearms, parts, or ammunition. 

SEC. 524. None of the funds made available in this Act may 

be used to include in any new bilateral or multilateral trade agreement the text of— 

(1) paragraph 2 of article 16.7 of the United States-Singapore Free Trade Agreement; 

(2) paragraph 4 of article 17.9 of the United States-Australia Free Trade Agreement; or 

(3) paragraph 4 of article 15.9 of the United States-Morocco 

Free Trade Agreement. 

SEC. 525. (a)(1) The Administrator of the National Aeronautics 

and Space Administration shall modify the Administration’s financial management system and perform all appropriate testing and 

assurance activities necessary for the system to be capable of properly budgeting, accounting for, controlling, and reporting on appropriations made to the Administration for fiscal year 2009 and 

thereafter under the appropriation accounts set out for the Administration in H.R. 3093 of the 110th Congress, as passed by the 

House of Representatives. 

(2) The Administrator shall transmit to the Committee on 

Appropriations of the House of Representatives and the Committee 

on Appropriations of the Senate a written report, on a monthly 

basis until the certification under paragraph (3) is transmitted, 

on progress in complying with this subsection. 

(3) Not later than April 1, 2008, the Administrator shall 

transmit to the Committee on Appropriations of the House of Representatives and the Committee on Appropriations of the Senate 

a written certification that the Administration’s financial management system meets the requirements of this section. 

(b) Beginning for the first full month after the date of enactment 

of this Act, the Administrator shall report in writing to the Committee on Appropriations of the House of Representatives and the 

Committee on Appropriations of the Senate, on the 15th business 

day of each month, financial information on the execution of the 

Administration’s budget for the preceding month and for the fiscal 

year to date. Each report under this subsection shall provide 

information on the Administration’s budget, obligations incurred, 

and disbursements made, presented by— 

Effective date. 

Reports. 

Certifications. 

Deadlines. 

Federal Register, 

publication. 

President. 


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121 STAT. 1930 PUBLIC LAW 110–161—DEC. 26, 2007 

(1) mission area (as reflected in the appropriation accounts 

set out for the Administration in H.R. 3093 of the 110th Congress, as passed by the House of Representatives); 

(2) program or project; 

(3) Center; and 

(4) object class, as well as any other financial information 

requested by the Committee on Appropriations of the House 

of Representatives or the Committee on Appropriations of the 

Senate. 

SEC. 526. None of the funds made available in this Act may 

be used to authorize or issue a national security letter in contravention of any of the following laws authorizing the Federal Bureau 

of Investigation to issue national security letters: The Right to 

Financial Privacy Act; The Electronic Communications Privacy Act; 

The Fair Credit Reporting Act; The National Security Act of 1947; 

USA PATRIOT Act; and the laws amended by these Acts. 

SEC. 527. None of the funds appropriated or otherwise made 

available by this Act may be made available for a public-private 

competition conducted under Office of Management and Budget 

Circular A–76 or to convert a function performed by Federal 

employees to private sector performance without such a competition 

unless a representative designated by a majority of the employees 

engaged in the performance of the activity or function for which 

the public-private competition is conducted or which is to be converted without such a competition is treated as an interested party 

with respect to such competition or decision to convert to private 

sector performance for purposes of subchapter V of chapter 35 

of title 31, United States Code. 

SEC. 528. Section 605 of the Harmful Algal Bloom and Hypoxia 

Research and Control Act of 1998 (16 U.S.C. 1451 note) is 

amended— 

(1) in the matter preceding paragraph (1) by striking 

‘‘$25,500,000 for fiscal year 2008’’ and inserting ‘‘$30,000,000 

for each of fiscal years 2008 through 2010’’; 

(2) in each of paragraphs (1), (2), (3), (4), and (6) by striking 

‘‘2008’’ and inserting ‘‘2010’’; and 

(3) in paragraph (5) by striking ‘‘fiscal year 2008’’ and 

inserting ‘‘each of fiscal years 2008 through 2010’’. 

SEC. 529. Effective January 13, 2007, section 303A of the 

Magnuson-Stevens Fishery Conservation and Management Act (16 

U.S.C. 1853a) is amended— 

(1) by striking ‘‘association’’ in subsection (c)(4)(A)(iii) and 

inserting ‘‘association, among willing parties’’; 

(2) by striking paragraph (2) of subsection (i); 

(3) by striking ‘‘(1) IN GENERAL.—’’ in subsection (i) and 

resetting paragraph (1) as a full measure paragraph following 

‘‘(i) TRANSITION RULES.—’’; and 

(4) by redesignating subparagraphs (A), (B), and (C) of 

subsection (i)(1) (before its amendment by paragraph (3)) as 

paragraphs (1), (2), and (3), respectively and resetting them 

as indented paragraphs 2 ems from the left margin. 

SEC. 530. If at any time during any quarter, the program 

manager of a project within the jurisdiction of the Departments 

of Commerce or Justice, the National Aeronautics and Space 

Administration, or the National Science Foundation totaling more 

than $75,000,000 has reasonable cause to believe that the total 

program cost has increased by 10 percent, the program manager 

Notification. 

Effective date. 

16 USC 1853a 

note. 


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PUBLIC LAW 110–161—DEC. 26, 2007 121 STAT. 1931 

shall immediately inform the Secretary, Administrator, or Director. 

The Secretary, Administrator, or Director shall notify the House 

and Senate Committees on Appropriations within 30 days in writing 

of such increase, and shall include in such notice: the date on 

which such determination was made; a statement of the reasons 

for such increases; the action taken and proposed to be taken 

to control future cost growth of the project; changes made in the 

performance or schedule milestones and the degree to which such 

changes have contributed to the increase in total program costs 

or procurement costs; new estimates of the total project or procurement costs; and a statement validating that the project’s management structure is adequate to control total project or procurement 

costs. 

SEC. 531. Notwithstanding section 505 of this Act, no funds 

shall be reprogrammed within or transferred between appropriations after June 30, except in extraordinary circumstances. 

SEC. 532. Funds appropriated by this Act, or made available 

by the transfer of funds in this Act, for 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 2008 until the enactment 

of the Intelligence Authorization Act for Fiscal Year 2008. 

SEC. 533. (a) Subsection (a) of section 315 of the National 

Aeronautics and Space Administration Act of 1958 (42 U.S.C. 2459j) 

is amended— 

(1) by striking ‘‘Notwithstanding any other provision of 

law, the Administrator’’ and inserting ‘‘The Administrator’’; 

and 

(2) by striking ‘‘any real property’’ and inserting ‘‘any nonexcess real property and related personal property’’; and 

(3) by striking ‘‘at no more than two (2) National Aeronautics and Space Administration (NASA) centers’’. 

(b) Subsection (b) of such section is amended— 

(1) in paragraph (1), by striking ‘‘consideration’’ and all 

that follows through the end of the paragraph and inserting 

‘‘cash consideration for the lease at fair market value as determined by the Administrator.’’; 

(2) by striking paragraph (2); 

(3) by redesignating paragraph (3) as paragraph (2); and 

(4) in paragraph (2), as redesignated by paragraph (3) 

of this subsection— 

(A) in subparagraph (B), by striking ‘‘maintenance’’ 

and all that follows through ‘‘centers selected for this demonstration program’’ and inserting ‘‘capital revitalization 

and construction projects and improvements of real property assets and related personal property under the jurisdiction of the Administrator’’; and 

(B) by adding at the end the following new subparagraph: 

‘‘(C) Amounts utilized under subparagraph (B) may not 

be utilized for daily operating costs.’’. 

(c) Subsection (e) of such section is amended— 

(1) by striking ‘‘LEASE RESTRICTIONS.—NASA’’ and 

inserting the following: ‘‘LEASE RESTRICTIONS.— 

‘‘(1) NASA’’; and 

(2) by adding at the end the following new paragraph: 

Deadline. 


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121 STAT. 1932 PUBLIC LAW 110–161—DEC. 26, 2007 

‘‘(2) NASA is not authorized to enter into an out-lease 

under this section unless the Administrator certifies that such 

out-lease will not have a negative impact on NASA’s mission.’’. 

(d) Such section is further amended by adding at the end 

the following new subsection (f): 

‘‘(f) SUNSET.—The authority to enter into leases under this 

section shall expire on the date that is ten years after the date 

of the enactment of the Commerce, Justice, Science, and Related 

Agencies Appropriations Act of 2008. The expiration under this 

subsection of authority to enter into leases under this section shall 

not affect the validity or term of leases or NASA’s retention of 

proceeds from leases entered into under this section before the 

date of the expiration of such authority.’’. 

(e) The heading of such section is amended by striking 

‘‘Enhanced-use lease of real property demonstration’’ and inserting 

‘‘Lease of non-excess property’’. 

(f) This section shall become effective on December 31, 2008. 

SEC. 534. The Departments, agencies, and commissions funded 

under this Act, shall establish and maintain on the homepages 

of their Internet websites— 

(1) a direct link to the Internet websites of their Offices 

of Inspectors General; and 

(2) a mechanism on the Offices of Inspectors General 

website by which individuals may anonymously report cases 

of waste, fraud, or abuse with respect to those Departments, 

agencies, and commissions. 

SEC. 535. None of the funds appropriated or otherwise made 

available by this Act may be used to enter into a contract in 

an amount greater than $5,000,000 or to award a grant in excess 

of such amount unless the prospective contractor or grantee certifies 

in writing to the agency awarding the contract or grant that, 

to the best of its knowledge and belief, the contractor or grantee 

has filed all Federal tax returns required during the three years 

preceding the certification, has not been convicted of a criminal 

offense under the Internal Revenue Code of 1986, and has not, 

more than 90 days prior to certification, been notified of any unpaid 

Federal tax assessment for which the liability remains unsatisfied, 

unless the assessment is the subject of an installment agreement 

or offer in compromise that has been approved by the Internal 

Revenue Service and is not in default, or the assessment is the 

subject of a non-frivolous administrative or judicial proceeding. 

SEC. 536. This section may be cited as the ‘‘ED 1.0 Act’’. 

(a) In this section: 

(1) The term ‘‘Administrator’’ means the Administrator of 

the National Telecommunications and Information Administration. 

(2) The term ‘‘eligible educational institution’’ means an 

institution that is— 

(A) a historically Black college or university; 

(B) a Hispanic-serving institution as that term is 

defined in section 502(a)(5) of the Higher Education Act 

of 1965 (20 U.S.C. 1101a(a)(5)); 

(C) a tribally controlled college or university as that 

term is defined in section 2(a)(4) of the Tribally Controlled 

College or University Assistance Act of 1978 (25 U.S.C. 

1801(a)(4)); 

ED 1.0 Act. 

47 USC 902 note. 

Contracts. 

Grants. 

Certification. 

5 USC app. 6 

note. 

Effective date. 

42 USC 2459j 

note. 

Certification. 


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PUBLIC LAW 110–161—DEC. 26, 2007 121 STAT. 1933 

(D) an Alaska Native-serving institution as that term 

is defined in section 317(b)(2) of the Higher Education 

Act of 1965 (20 U.S.C. 1059d(b)(2)); or 

(E) a Native Hawaiian-serving institution as that term 

is defined in section 317(b)(4) of the Higher Education 

Act of 1965 (20 U.S.C. 1059d(b)(4)). 

(3) The term ‘‘historically Black college or university’’ 

means a part B institution as that term is defined in section 

322(2) of the Higher Education Act of 1965 (20 U.S.C. 1061(2)). 

(b)(1)(A) There is established within the National Telecommunications and Information Administration a pilot program under 

which the Administrator shall award 9 grants to eligible educational 

institutions to enable the eligible educational institutions to develop 

digital and wireless networks for online educational programs of 

study within the eligible educational institutions. The Administrator 

shall award not less than 1 grant to each type of eligible educational 

institution, enumerated under subsection (a)(2). 

(B)(i) The Administrator shall award a total of 9 grants under 

this subsection. 

(ii) The Administrator shall make grant payments under this 

subsection in the amount of $500,000. 

(2)(A) In awarding grants under this subsection the Administrator shall give priority to an eligible educational institution that, 

according to the most recent data available (including data available 

from the Bureau of the Census), serves a county, or other appropriate political subdivision where no counties exist— 

(i) in which 50 percent of the residents of the county, 

or other appropriate political subdivision where no counties 

exist, are members of a racial or ethnic minority; 

(ii) in which less than 18 percent of the residents of the 

county, or other appropriate political subdivision where no counties exist, have obtained a baccalaureate degree or a higher 

education; 

(iii) that has an unemployment rate of 7 percent or greater; 

(iv) in which 20 percent or more of the residents of the 

county, or other appropriate political subdivision where no counties exist, live in poverty; 

(v) that has a negative population growth rate; or 

(vi) that has a family income of not more than $32,000. 

(B) In awarding grants under this subsection the Administrator 

shall give the highest priority to an eligible educational institution 

that meets the greatest number of requirements described in clauses 

(i) through (vi) of subparagraph (A). 

(3) An eligible educational institution receiving a grant under 

this subsection may use the grant funds— 

(A) to acquire equipment, instrumentation, networking 

capability, hardware, software, digital network technology, 

wireless technology, or wireless infrastructure; 

(B) to develop and provide educational services, including 

faculty development; or 

(C) to develop strategic plans for information technology 

investments. 

(4) The Administrator shall not require an eligible educational 

institution to provide matching funds for a grant awarded under 

this subsection. 

(5)(A) The Administrator shall consult with the Committee 

on Appropriations and the Committee on Commerce, Science, and 

Grants. 


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121 STAT. 1934 PUBLIC LAW 110–161—DEC. 26, 2007 

Transportation of the Senate and the Committee on Appropriations 

and the Committee on Energy and Commerce of the House of 

Representatives, on a quarterly basis regarding the pilot program 

assisted under this subsection. 

(B) Not later than 1 year after the date of enactment of this 

section, the Administrator shall submit to the committees described 

in subparagraph (A) a report evaluating the progress of the pilot 

program assisted under this subsection. 

(c) There are authorized to be appropriated to carry out this 

section $4,500,000 for each of fiscal years 2008 and 2009. 

(d) The Administrator shall carry out this section only with 

amounts appropriated in advance specifically to carry out this section. 

SEC. 537. None of the funds appropriated or otherwise made 

available in this Act may be used in a manner that is inconsistent 

with the principal negotiating objective of the United States with 

respect to trade remedy laws to preserve the ability of the United 

States— 

(1) to enforce vigorously its trade laws, including antidumping, countervailing duty, and safeguard laws; 

(2) to avoid agreements that— 

(A) lessen the effectiveness of domestic and international disciplines on unfair trade, especially dumping 

and subsidies; or 

(B) lessen the effectiveness of domestic and international safeguard provisions, in order to ensure that 

United States workers, agricultural producers, and firms 

can compete fully on fair terms and enjoy the benefits 

of reciprocal trade concessions; and 

(3) to address and remedy market distortions that lead 

to dumping and subsidization, including overcapacity, cartelization, and market-access barriers. 

SEC. 538. None of the funds made available in this Act may 

be used to purchase first class or premium airline travel in contravention of sections 301–10.122 through 301–10.124 of title 41 

of the Code of Federal Regulations. 

SEC. 539. Section 2301 of the Implementing Recommendations 

of the 9/11 Commission Act of 2007 (47 U.S.C. 901 note) is amended 

by striking ‘‘the ‘Improving Emergency Communications Act of 

2007’.’’ and inserting ‘‘the ‘911 Modernization Act’.’’. 

SEC. 540. Section 504(a)(11)(E) of the Omnibus Consolidated 

Rescissions and Appropriations Act of 1996 (Public Law 104–134; 

110 Stat. 1321–55) is amended by inserting before ‘‘an alien’’ the 

following: ‘‘a nonimmigrant worker admitted to, or permitted to 

remain in, the United States under section 101(a)(15)(H)(ii)(b) of 

the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(H)(ii)(b)) 

for forestry labor or’’. 

SEC. 541. None of the funds made available in this Act may 

be used in contravention of section 402(e)(1) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 

1324a note). 

SEC. 542. None of the funds in this Act may be used to employ 

workers described in section 274A(h)(3) of the Immigration and 

Nationality Act (8 U.S.C. 1324a(h)(3)). 

SEC. 543. None of the funds made available in this Act may 

be used to send or otherwise pay for the attendance of more than 

Reports. 

Deadline. 


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PUBLIC LAW 110–161—DEC. 26, 2007 121 STAT. 1935 

50 employees from a Federal department or agency at any single 

conference occurring outside the United States. 

TITLE VI 

RESCISSIONS 

DEPARTMENT OF COMMERCE 

ECONOMIC DEVELOPMENT ADMINISTRATION

ECONOMIC DEVELOPMENT ASSISTANCE PROGRAMS

(RESCISSION) 

Of the unobligated balances available under this heading from 

prior year appropriations, $5,700,000 are rescinded. 

ECONOMIC AND STATISTICAL ANALYSIS

SALARIES AND EXPENSES

(RESCISSION) 

Of the unobligated balances available under this heading from prior year appropriations, $800,000 are rescinded. 

NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY

INDUSTRIAL TECHNOLOGY SERVICES

(RESCISSION) 

Of the unobligated balances available under this heading from 

prior year appropriations, $18,800,000 are rescinded. 

NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION

(RESCISSION) 

Of the unobligated balances available in accounts under this 

heading from prior year appropriations, $11,372,000 are rescinded. 

DEPARTMENT OF JUSTICE 

GENERAL ADMINISTRATION

SALARIES AND EXPENSES

(RESCISSION) 

Of the unobligated balances available under this heading, $7,400,000 are rescinded. 

JUSTICE INFORMATION SHARING TECHNOLOGY

(RESCISSION) 

Of the unobligated balances available under this heading, 

$5,000,000 are rescinded. 


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121 STAT. 1936 PUBLIC LAW 110–161—DEC. 26, 2007 

WORKING CAPITAL FUND

(RESCISSION) 

Of the unobligated balances available under this heading, 

$41,000,000 are rescinded. 

TELECOMMUNICATIONS CARRIER COMPLIANCE FUND

(RESCISSION) 

Of the unobligated balances available under this heading, 

$1,300,000 are rescinded. 

DETENTION TRUSTEE

(RESCISSION) 

Of the unobligated balances available under this heading, 

$145,000,000 are rescinded. 

LEGAL ACTIVITIES

ASSETS FORFEITURE FUND

(RESCISSION) 

Of the unobligated balances available under this heading, 

$240,000,000 are rescinded. 

OFFICE ON VIOLENCE AGAINST WOMEN

VIOLENCE AGAINST WOMEN PREVENTION AND PROSECUTION

PROGRAMS

(RESCISSION) 

Of the unobligated balances available under this heading from prior year appropriations, $14,700,000 are rescinded. 

OFFICE OF JUSTICE PROGRAMS

(RESCISSION) 

Of the unobligated balances available under this heading from prior year appropriations, $87,500,000 are rescinded, not later than 

September 30, 2008. 

COMMUNITY ORIENTED POLICING SERVICES

(RESCISSIONS) 

Of the unobligated balances available under this heading from 

prior year appropriations, $87,500,000 are rescinded, not later than 

September 30, 2008. 

Of the unobligated funds previously appropriated from the Violent Crime Reduction Trust Fund under this heading, $10,278,000 

are rescinded. 


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PUBLIC LAW 110–161—DEC. 26, 2007 121 STAT. 1937 

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION 

(RESCISSION) 

Of the unobligated balances available to the National Aeronautics and Space Administration from prior year appropriations, 

$192,475,000 are rescinded: Provided, That within 30 days after 

the date of the enactment of this section the Administrator shall 

submit to the Committees on Appropriations a report specifying 

the amount of each rescission made pursuant to this section. 

NATIONAL SCIENCE FOUNDATION 

(RESCISSION) 

Of the unobligated balances available to the National Science Foundation from prior year appropriations, $33,000,000 are 

rescinded: Provided, That within 30 days after the date of the 

enactment of this section the Director shall submit to the Committees on Appropriations a report specifying the amount of each 

rescission made pursuant to this section. 

This Act may be cited as the ‘‘Commerce, Justice, Science, 

and Related Agencies Appropriations Act, 2008’’. 

DIVISION C—ENERGY AND WATER DEVELOPMENT AND 

RELATED AGENCIES APPROPRIATIONS ACT, 2008 

TITLE I 

CORPS OF ENGINEERS—CIVIL 

DEPARTMENT OF THE ARMY 

CORPS OF ENGINEERS—CIVIL

The following appropriations shall be expended under the direction of the Secretary of the Army and the supervision of the Chief 

of Engineers for authorized civil functions of the Department of 

the Army pertaining to rivers and harbors, flood and storm damage 

reduction, shore protection, aquatic ecosystem restoration, and 

related purposes. 

INVESTIGATIONS

(INCLUDING RESCISSION OF FUNDS) 

For expenses necessary for the collection and study of basic 

information pertaining to river and harbor, flood and storm damage 

reduction, shore protection, aquatic ecosystem restoration, and 

related projects; restudy of authorized projects, miscellaneous investigations; and, when authorized by law, surveys and detailed 

studies, and plans and specifications of projects prior to construction, $167,261,000, to remain available until expended: Provided, 

That of the funds provided under this heading of Public Law 106– 

554, $100,000 are rescinded: Provided further, That using 

$2,952,000 of the funds provided herein, the Secretary of the Army 

acting through the Chief of Engineers shall continue the Louisiana 

Coastal Protection and Restoration study at full Federal expense: 

Provided further, That using $1,968,000 of the funds provided 

Energy 

and Water 

Development and 

Related Agencies 

Appropriations 

Act, 2008. 

Deadline. 

Reports. 

Deadline. 

Reports. 


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121 STAT. 1938 PUBLIC LAW 110–161—DEC. 26, 2007 

herein, the Secretary of the Army acting through the Chief of 

Engineers shall continue the Coastal Mississippi Hurricane and 

Storm Damage Reduction study at full Federal expense: Provided 

further, That funds in the amount of $461,000 are provided to 

continue environmental studies for the Pine Mountain Dam, 

Arkansas, project: Provided further, That cost sharing of 

preconstruction engineering and design shall be as previously 

applied to this activity. 

CONSTRUCTION

(INCLUDING RESCISSIONS OF FUNDS) 

For expenses necessary for the construction of river and harbor, 

flood and storm damage reduction, shore protection, aquatic ecosystem restoration, and related projects authorized by law, including 

a portion of the expenses for the modifications authorized by section 

104 of the Everglades National Park Protection and Expansion 

Act of 1989; for conducting detailed studies, and plans and specifications, of such projects (including those involving participation by 

States, local governments, or private groups) authorized or made 

eligible for selection by law (but such detailed studies, and plans 

and specifications, shall not constitute a commitment of the Government to construction); $2,294,029,000, to remain available until 

expended; of which such sums as are necessary to cover the Federal 

share of construction costs for facilities under the Dredged Material 

Disposal Facilities program shall be derived from the Harbor 

Maintenance Trust Fund as authorized by Public Law 104–303; 

and of which such sums as are necessary pursuant to Public Law 

99–662 shall be derived from the Inland Waterways Trust Fund, 

to cover one-half of the costs of construction and rehabilitation 

of inland waterways projects (including the rehabilitation costs 

for Lock and Dam 11, Mississippi River, Iowa; Lock and Dam 

19, Mississippi River, Iowa; Lock and Dam 24, Mississippi River, 

Illinois and Missouri; Lock 27, Mississippi River, Illinois; Markland 

Locks and Dam, Kentucky and Indiana; Emsworth Locks and Dam, 

Ohio River, Pennsylvania; and Lock and Dam 3, Mississippi River, 

Minnesota) shall be derived from the Inland Waterways Trust Fund; 

and of which $7,380,000 shall be exclusively for projects and activities authorized under section 107 of the River and Harbor Act 

of 1960; and of which $4,796,000 shall be exclusively for projects 

and activities authorized under section 111 of the River and Harbor 

Act of 1968; and of which $4,428,000 shall be exclusively for projects 

and activities authorized under section 103 of the River and Harbor 

Act of 1962; and of which $42,312,000 shall be exclusively for 

projects and activities authorized under section 205 of the Flood 

Control Act of 1948; and of which $9,840,000 shall be exclusively 

for projects and activities authorized under section 14 of the Flood 

Control Act of 1946; and of which $0 shall be exclusively for projects 

and activities authorized under section 208 of the Flood Control 

Act of 1954; and of which $29,520,000 shall be exclusively for 

projects and activities authorized under section 1135 of the Water 

Resources Development Act of 1986; and of which $29,520,000 shall 

be exclusively for projects and activities authorized under section 

206 of the Water Resources Development Act of 1996; and of which 

$5,292,000 shall be exclusively for projects and activities authorized 

under sections 204 and 207 of the Water Resources Development 

Act of 1992 and section 933 of the Water Resources Development 


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PUBLIC LAW 110–161—DEC. 26, 2007 121 STAT. 1939 

Act of 1986: Provided, That the Chief of Engineers is directed 

to use $12,792,000 of the funds appropriated herein for the Dallas 

Floodway Extension, Texas, project, including the Cadillac Heights 

feature, generally in accordance with the Chief of Engineers report 

dated December 7, 1999: Provided further, That the Chief of Engineers is directed to use $1,968,000 of the funds provided herein 

for the Hawaii Water Management Project: Provided further, That 

the Chief of Engineers is directed to use $5,166,000 of the funds 

appropriated herein for planning, engineering, design or construction of the Grundy, Buchanan County, and Dickenson County, 

Virginia, elements of the Levisa and Tug Forks of the Big Sandy 

River and Upper Cumberland River Project: Provided further, That 

the Chief of Engineers is directed to use $18,204,000 of the funds 

appropriated herein to continue planning, engineering, design or 

construction of the Lower Mingo County, Upper Mingo County, 

Wayne County, McDowell County, West Virginia, elements of the 

Levisa and Tug Forks of the Big Sandy River and Upper Cumberland River Project: Provided further, That the Secretary of the 

Army, acting through the Chief of Engineers, is directed to use 

$4,920,000 of the funds appropriated herein for the Clover Fork, 

City of Cumberland, Town of Martin, Pike County (including Levisa 

Fork and Tug Fork Tributaries), Bell County, Harlan County in 

accordance with the Draft Detailed Project Report dated January 

2002, Floyd County, Martin County, Johnson County, and Knox 

County, Kentucky, detailed project report, elements of the Levisa 

and Tug Forks of the Big Sandy River and Upper Cumberland 

River: Provided further, That the Secretary of the Army is directed 

to use any remaining available funds from funds appropriated in 

Public Law 103–126 (107 Stat. 1315) for carrying out engineering 

and design for the relocation of the comfort and lifeguard stations 

on the Atlantic Coast of New York City from Rockaway Inlet to 

Norton Point, New York, project for construction of other features 

of the project: Provided further, That the Secretary of the Army 

is directed to use any remaining available funds from the funds 

appropriated in Public Law 107–66 (115 Stat. 488) for increasing 

the authorized level of protection for the Bois Brule Drainage and 

Levee District, Missouri, project, to continue design deficiency 

repairs on the project: Provided further, That the Chief of Engineers 

is directed to use $2,952,000 of the funds provided herein to initiate 

planning and design of a rural health care facility on the Fort 

Berthold Reservation of the Three Affiliated Tribes, North Dakota: 

Provided further, That $1,476,000 of the funds provided herein 

shall be available to continue detailed design including plans and 

specifications, execute a PCA and initiate construction of Phases 

I and II for the Greenbrier River Basin, Marlinton, West Virginia, 

project: Provided further, That the Secretary of the Army shall 

use up to $5,904,000 including the prior unobligated balance of 

$4,972,000 from the Devils Lake Outlet, North Dakota, project 

for the North Dakota environmental infrastructure project: Provided 

further, That the Secretary of the Army shall use the prior year 

unobligated balance of $1,500,000 from the Waterbury Dam repairs 

project for the Lake Champlain Watershed project: Provided further, 

That of the funds provided under this heading the following 

amounts are rescinded: from Public Law 101–101, $435,000; from 

Public Law 102–377, $1,740,000; from Public Law 103–126, 

$797,000; and from Public Law 105–245, $1,716,000. 


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121 STAT. 1940 PUBLIC LAW 110–161—DEC. 26, 2007 

MISSISSIPPI RIVER AND TRIBUTARIES

For expenses necessary for the flood damage reduction program 

for the Mississippi River alluvial valley below Cape Girardeau, 

Missouri, as authorized by law, $387,402,000, to remain available 

until expended, of which such sums as are necessary to cover 

the Federal share of operation and maintenance costs for inland 

harbors shall be derived from the Harbor Maintenance Trust Fund: 

Provided, That the Chief of Engineers is directed to use $9,840,000 

of the funds provided herein for design and real estate activities 

and pump supply elements for the Yazoo Basin, Yazoo Backwater 

Pumping Plant, Mississippi: Provided further, That the Secretary 

of the Army, acting through the Chief of Engineers is directed 

to use $9,840,000 appropriated herein for construction of water 

withdrawal features of the Grand Prairie, Arkansas, project. 

OPERATION AND MAINTENANCE

For expenses necessary for the operation, maintenance, and 

care of existing river and harbor, flood and storm damage reduction, 

aquatic ecosystem restoration, and related projects authorized by 

law, for providing security for infrastructure owned and operated 

by, or on behalf of, the United States Army Corps of Engineers 

(the ‘‘Corps’’), including administrative buildings and facilities, and 

laboratories, and the Washington Aqueduct; for the maintenance 

of harbor channels provided by a State, municipality, or other 

public agency that serve essential navigation needs of general commerce, where authorized by law; and for surveys and charting 

of northern and northwestern lakes and connecting waters, clearing 

and straightening channels, and removal of obstructions to navigation, $2,243,637,000, to remain available until expended, of which 

such sums as are necessary to cover the Federal share of operation 

and maintenance costs for coastal harbors and channels, and inland 

harbors shall be derived from the Harbor Maintenance Trust Fund, 

pursuant to Public Law 99–662 may be derived from that fund; 

of which such sums as become available from the special account 

for the Corps established by the Land and Water Conservation 

Act of 1965, as amended (16 U.S.C. 460l–6a(i)), may be derived 

from that account for resource protection, research, interpretation, 

and maintenance activities related to resource protection in the 

areas at which outdoor recreation is available; and of which such 

sums as become available under section 217 of the Water Resources 

Development Act of 1996, Public Law 104–303, shall be used to 

cover the cost of operation and maintenance of the dredged material 

disposal facilities for which fees have been collected: Provided, 

That utilizing funds appropriated herein, for the Intracoastal Waterway, Delaware River to Chesapeake Bay, Delaware and Maryland, 

the Chief of Engineers, is directed to reimburse the State of Delaware for normal operation and maintenance costs incurred by the 

State of Delaware for the SR1 Bridge from station 58∂00 to station 

293∂00 between October 1, 2007, and September 30, 2008: Provided 

further, That the Secretary of the Army, acting through the Chief 

of Engineers, is directed to use up to $350,000 of the funds appropriated herein to reimburse the City of Glen Cove, New York, 

for costs associated with the maintenance dredging of Glen Cove 

Creek incurred prior to enactment of this Act. 


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PUBLIC LAW 110–161—DEC. 26, 2007 121 STAT. 1941 

REGULATORY PROGRAM

For expenses necessary for administration of laws pertaining to regulation of navigable waters and wetlands, $180,000,000, to 

remain available until expended. 

FORMERLY UTILIZED SITES REMEDIAL ACTION PROGRAM

For expenses necessary to clean up contamination from sites 

in the United States resulting from work performed as part of 

the Nation’s early atomic energy program, $140,000,000, to remain 

available until expended. 

EXPENSES

For expenses necessary for general administration and related 

civil works functions in the headquarters of the United States 

Army Corps of Engineers, the offices of the Division Engineers, 

the Humphreys Engineer Center Support Activity, the Institute 

for Water Resources, the United States Army Engineer Research 

and Development Center, and the United States Army Corps of 

Engineers Finance Center, $175,046,000, to remain available until 

expended: Provided, That no part of any other appropriation provided in title I of this Act shall be available to fund the civil 

works activities of the Office of the Chief of Engineers or the 

civil works executive direction and management activities of the 

division offices. 

OFFICE OF ASSISTANT SECRETARY OF THE ARMY (CIVIL WORKS) 

For the Office of the Assistant Secretary of the Army (Civil Works) as authorized by 10 U.S.C. 3016(b)(3), $4,500,000 is provided. 

ADMINISTRATIVE PROVISION

Appropriations in this title shall be available for official recep- tion and representation expenses (not to exceed $5,000); and during 

the current fiscal year the Revolving Fund, Corps of Engineers, 

shall be available for purchase (not to exceed 100 for replacement 

only) and hire of passenger motor vehicles. 

GENERAL PROVISIONS, CORPS OF ENGINEERS—CIVIL

SEC. 101. (a) None of the funds provided in title I of this 

Act, or provided by previous appropriations Acts to the agencies 

or entities funded in title I of this Act that remain available for 

obligation or expenditure in fiscal year 2008, shall be available 

for obligation or expenditure through a reprogramming of funds 

that: 

(1) creates or initiates a new program, project, or activity; 

(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 this Act, unless prior approval is received from the House 

and Senate Committees on Appropriations; 

(4) proposes to use funds directed for a specific activity 

by either the House or the Senate Committees on Appropriations for a different purpose, unless prior approval is received 

from the House and Senate Committees on Appropriations; 


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121 STAT. 1942 PUBLIC LAW 110–161—DEC. 26, 2007 

(5) augments or reduces existing programs, projects or 

activities in excess of the amounts contained in subsections 

6 through 10, unless prior approval is received from the House 

and Senate Committees on Appropriations; 

(6) INVESTIGATIONS.—For a base level over $100,000, reprogramming of 25 percent of the base amount up to a limit 

of $150,000 per project, study or activity is allowed: Provided, 

That for a base level less than $100,000, the reprogramming 

limit is $25,000; Provided further, That up to $25,000 may 

be reprogrammed into any continuing study or activity that 

did not receive an appropriation for existing obligations and 

concomitant administrative expenses; 

(7) CONSTRUCTION.—For a base level over $2,000,000, reprogramming of 15 percent of the base amount up to a limit 

of $3,000,000 per project, study or activity is allowed: Provided, 

That for a base level less than $2,000,000, the reprogramming 

limit is $300,000: Provided further, That up to $3,000,000 may 

be reprogrammed for settled contractor claims, changed conditions, or real estate deficiency judgments; Provided further, That up to $300,000 may be reprogrammed into any continuing 

study or activity that did not receive an appropriation for 

existing obligations and concomitant administrative expenses; 

(8) OPERATION AND MAINTENANCE.—Unlimited reprogramming authority is granted in order for the Corps to be able 

to respond to emergencies: Provided, That the Chief of Engineers must notify the House and Senate Committees on Appropriations of these emergency actions as soon thereafter as practicable: Provided further, That for a base level over $1,000,000, 

reprogramming of 15 percent of the base amount up to a 

limit of $5,000,000 per project, study or activity is allowed: 

Provided further, That for a base level less than $1,000,000, 

the reprogramming limit is $150,000: Provided further, That 

$150,000 may be reprogrammed into any continuing study or 

activity that did not receive an appropriation; 

(9) MISSISSIPPI RIVER AND TRIBUTARIES.—The same reprogramming guidelines for the Investigations, Construction, 

and Operation and Maintenance portions of the Mississippi 

River and Tributaries Account as listed above; and 

(10) FORMERLY UTILIZED SITES REMEDIAL ACTION PROGRAM.—Reprogramming of up to 15 percent of the base of 

the receiving project is permitted. 

(b) CONTINUING AUTHORITIES PROGRAM.—Subsection (a)(1) shall 

not apply to any project or activity funded under the continuing 

authorities program. 

(c) Not later than 60 days after the date of enactment of 

this Act, the Corps of the Engineers shall submit a report to 

the House and Senate Committees on Appropriations to establish 

the baseline for application of reprogramming and transfer authorities for the current fiscal year: Provided, 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 appropriations; and 

Deadline. 

Reports. 

Notification. 


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PUBLIC LAW 110–161—DEC. 26, 2007 121 STAT. 1943 

(3) An identification of items of special congressional 

interest: Provided further, That the amount appropriated for 

salaries and expenses of the Corps of Engineers 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. 102. None of the funds made available in this title may 

be used to award any continuing contract or make modifications 

to any existing continuing contract that commits an amount for 

a project in excess of the amounts appropriated for that project 

that remain unobligated, except that such amounts may include 

any funds that have been made available through reprogramming 

to that project pursuant to section 101 of this Act. 

SEC. 103. None of the funds in this Act, or previous Acts, 

making funds available for Energy and Water Development, shall 

be used to implement any pending or future competitive sourcing 

actions under OMB Circular A–76 or High Performing Organizations for the U.S. Army Corps of Engineers. 

SEC. 104. None of the funds appropriated in this or any other 

Act shall be used to demonstrate or implement any plans divesting 

or transferring any Civil Works missions, functions, or responsibilities of the United States Army Corps of Engineers to other government agencies without specific direction in a subsequent Act of 

Congress. 

SEC. 105. Within 90 days of the date of the Chief of Engineers 

Report on a water resource matter, the Assistant Secretary of 

the Army (Civil Works) shall submit the report to the appropriate 

authorizing and appropriating committees of the Congress. 

SEC. 106. WATER REALLOCATION, LAKE CUMBERLAND, KENTUCKY. (a) IN GENERAL.—Subject to subsection (b), none of the 

funds made available by this Act may be used to carry out any 

water reallocation project or component under the Wolf Creek 

Project, Lake Cumberland, Kentucky, authorized under the Act 

of June 28, 1938 (52 Stat. 1215, ch. 795) and the Act of July 

24, 1946 (60 Stat. 636, ch. 595). 

(b) EXISTING REALLOCATIONS.—Subsection (a) shall not apply 

to any water reallocation for Lake Cumberland, Kentucky, that 

is carried out subject to an agreement or payment schedule in 

effect on the date of enactment of this Act. 

SEC. 107. Using amounts available in the Revolving Fund, 

the Secretary of the Army is authorized to construct a new Environmental Laboratory and improvements to the Information Technology Laboratory at the Engineer Research and Development 

Center in Vicksburg, Mississippi: Provided, That the Secretary shall 

ensure that the Revolving Fund is appropriately reimbursed from 

appropriations of the Corps’ benefiting programs by collection each 

year of amounts sufficient to repay the capitalized cost of such 

construction and improvements. 

SEC. 108. Notwithstanding section 729 of the Water Resources 

Development Act of 1986, as amended (33 U.S.C. 2267a), the Secretary shall credit toward the non-Federal share of the cost of 

the Rio Grande Basin Watershed Study, New Mexico, Colorado 

and Texas, the cost of in-kind services contributed by the New 

Mexico Interstate Stream Commission for the Study up to the 

full amount of the required non-Federal share, in accordance with 

the Agreement between the Commission and the Department of 

the Army dated December 3, 2001, as modified on January 14, 

2002. 

Deadline. 

Reports. 


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121 STAT. 1944 PUBLIC LAW 110–161—DEC. 26, 2007 

SEC. 109. Section 121 of the Energy and Water Development 

Appropriations Act, 2006 (Public Law 109–103; 119 Stat. 2256) 

is amended by striking subsection (a) and inserting the following: 

‘‘(a) The Secretary of the Army may carry out and fund planning 

studies, watershed surveys and assessments, or technical studies 

at 100 percent Federal expense to accomplish the purposes of the 

2003 Biological Opinion described in section 205(b) of the Energy 

and Water Development Appropriations Act, 2005 (Public Law 108– 

447; 118 Stat. 2949) as amended by subsection (b) and the collaborative program long-term plan. In carrying out a study, survey, 

or assessment under this subsection, the Secretary of the Army 

shall consult with Federal, State, tribal and local governmental 

entities, as well as entities participating in the Middle Rio Grande 

Endangered Species Collaborative Program referred to in section 

205 of this Act: Provided, That the Secretary of the Army may 

also provide planning and administrative assistance to the Middle 

Rio Grande Endangered Species Collaborative Program, which shall 

not be subject to cost sharing requirements with non-Federal 

interests.’’. 

SEC. 110. The Secretary of the Army, acting through the Chief 

of Engineers, is directed to convey at no cost, lands to Tate County 

School District, Tate County, Mississippi, the transfer of any real 

property interests, not to exceed 50 acres, at Arkabutla Lake 

deemed available by the Army that is located adjacent to school 

district property in the vicinity of State Highway 306 west of 

Coldwater, Mississippi. Such transfer shall be subject to the reservation of any required flowage easements for the operation of 

Arkabutla Lake and which preclude structures for human habitation. This property shall be used by the Tate County School 

District for public educational purposes. 

SEC. 111. Section 594 of the Water Resources Development 

Act of 1999 is amended by striking ‘‘SEC. 594. OHIO.’’ and inserting 

in lieu thereof ‘‘SEC. 594. OHIO AND NORTH DAKOTA.’’ and in (a) 

strike ‘‘Ohio.’’ and insert in lieu thereof ‘‘Ohio and North Dakota.’’ 

and in (b) strike ‘‘Ohio,’’ and insert in lieu thereof ‘‘Ohio and 

North Dakota,’’ and in (h) strike ‘‘$240,000,000.’’ and insert in 

lieu thereof ‘‘$240,000,000 for Ohio and $100,000,000 for North 

Dakota.’’. 

SEC. 112. The Secretary of the Army, acting through the Chief 

of Engineers, is directed and authorized to conduct preconstruction 

engineering and design activities at full Federal expense for the 

Kahuku Storm Damage Reduction Project, Oahu, Hawaii, which 

includes interior drainage and related improvements to be constructed on lands that may include Federal land, the cost of the 

preconstruction, engineering, and design activities shall be included 

in total project costs to be cost shared at the rate of 65 percent 

Federal and 35 percent non-Federal, as a part of construction and 

the Decision Document contents shall be limited to a design analysis 

and supporting NEPA documentation for drainage improvements. 

SEC. 113. Section 227 of Public Law 104–303 is amended in 

section 5(a) by striking ‘‘7’’ and inserting ‘‘12’’ in lieu thereof. 

SEC. 114. All budget documents and justification materials 

for the Corps of Engineers annual budget submission to Congress 

shall be assembled and presented based on the most recent annual 

appropriations Act: Provided, That new budget proposals for fiscal 

year 2008 and thereafter, shall not be integrated into the budget 

10 USC 3036 

note. 

33 USC 426h. 

113 Stat. 381. 


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PUBLIC LAW 110–161—DEC. 26, 2007 121 STAT. 1945 

justifications submitted to Congress but shall be submitted separately from the budget justifications documents. 

SEC. 115. The Secretary of the Army acting through the Chief 

of Engineers is directed to plan, design, and construct a rural 

health care facility on the Fort Berthold Indian Reservation of 

the Three Affiliated Tribes, North Dakota, at an estimated Federal 

cost of $20,000,000. The Secretary shall transfer this facility to 

the Secretary of the Interior for operation and maintenance upon 

the completion of construction. 

SEC. 116. The last sentence of section 215(a) of the Flood 

Control Act of 1968 (42 U.S.C. 1962d–5a(a)) is amended by striking 

‘‘$5,000,000’’ and inserting ‘‘$7,000,000’’. 

SEC. 117. JOHNSON CREEK, ARLINGTON, TEXAS. (a) IN GEN- ERAL.—The project for flood damage reduction, environmental restoration and recreation, Johnson Creek, Arlington, Texas, authorized by section 101(b)(14) of the Water Resources Development 

Act of 1999 (113 Stat. 280–281) is modified to authorize the Secretary to construct the project substantially in accordance with 

the report entitled Johnson Creek: A Vision of Conservation, dated 

March 30, 2006, at a total cost of $80,000,000, with an estimated 

Federal cost of $52,000,000 and an estimated non-Federal cost 

of $28,000,000 if the Secretary determines that the project is technically sound and environmentally acceptable. 

(b) NON-FEDERAL SHARE.— 

(1) IN GENERAL.—The non-Federal share of the cost of 

the project may be provided in cash or in the form of inkind services or materials. 

(2) CREDIT AND REIMBURSEMENT.—The Secretary shall 

credit toward the non-Federal share of the cost of the project 

the cost of planning, design, and construction work carried 

out by the non-Federal interest for implementation of the 

project, if the Secretary determines that the work is integral 

to the project. Subject to the availability of funds, the nonFederal interest shall be reimbursed for costs incurred by the 

non-Federal interest that exceed the non-Federal share of 

project costs. 

(c) CONFORMING AMENDMENT.—Section 134 of the Energy and 

Water Development Appropriations Act, 2006 (119 Stat. 2264) and 

section 5143 of the Water Resources Development Act of 2007, 

(Public Law 110–114) are repealed. 

SEC. 118. The Secretary is authorized and directed to reimburse 

local governments for expenses they have incurred in storm-proofing 

pumping stations, constructing safe houses for operators, and other 

interim flood control measures in and around the New Orleans 

metropolitan area, provided the Secretary determines those elements of work and related expenses to be integral to the overall 

plan to ensure operability of the stations during hurricanes, storms 

and high water events and the flood control plan for the area. 

SEC. 119. Section 219(f) of the Water Resources Development 

Act of 1992 (Public Law 102–580, 106 Stat. 4835 et seq.), as 

amended, is further amended by striking subsection ‘‘(71) Coronado, 

California’’, in its entirety and inserting the following: 

‘‘(71) CORONADO, CALIFORNIA. 

‘‘(A) $10,000,000 is authorized for wastewater infrastructure, Coronado, California. 

‘‘(B) The Federal Share may be in the form of grants 

or reimbursements of project costs incurred by the nonAnte, p. 1254. 


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121 STAT. 1946 PUBLIC LAW 110–161—DEC. 26, 2007 

Federal sponsor for work performed by the non-Federal 

sponsor before or after the execution of a project cooperation 

agreement, if the Secretary determines that such work 

is integral to the project. 

‘‘(C) The Secretary is authorized to credit towards the 

non-Federal share of project costs the costs incurred by 

the non-Federal sponsor for work performed by the nonFederal sponsor before or after the execution of a project 

cooperation agreement, if the Secretary determines that 

such work is integral to the project.’’ 

SEC. 120. NAVAJO RESERVATION, ARIZONA, NEW MEXICO, AND

UTAH.—Section 520(b) of the Water Resources Development Act 

of 1999 (Public Law 106–53; 113 Stat. 345) is amended by inserting 

after the second sentence ‘‘The local match for the funds appropriated for flood plain delineation on the Navajo reservation in 

Arizona, New Mexico, and Utah may be provided as in-kind services.’’. 

SEC. 121. The Secretary of the Army may, under such terms 

and conditions as the Secretary deems appropriate, contract with 

any public or private entity to provide visitor reservation services. 

Any such contract in effect on or after October 1, 2004, may provide 

that the contractor shall be permitted to deduct a commission 

to be fixed by the Secretary from the amount charged the public 

for providing such services and to remit the net proceeds therefrom 

to the contracting agency. 

SEC. 122. The project for flood control, Redwood River, Marshall, Minnesota, authorized by section 401(a) of the Water 

Resources Development Act of 1986 and modified by section 4(k) 

of the Water Resources Development Act of 1988 is further modified 

to authorize the Secretary to construct the project at a total cost 

of $11,863,000, with an estimated first Federal cost of $8,722,000 

and an estimated first non-Federal cost of $3,141,000. 

SEC. 123. The project for St. John’s Bayou and New Madrid 

Floodway in the State of Missouri as authorized by subsection 

(d) of the matter under the heading ‘‘Lower Mississippi River’’ 

under section 203 of the Flood Control Act of 1954 (68 Stat. 1258) 

and section 401(a) of the Water Resources Development Act of 

1986 (100 Stat. 4118), and as modified by section 331 of the Water 

Resources Development Act of 1996 (110 Stat. 3658) as described 

in the June 2002 Revised Supplemental Impact Statement, as 

supplemented by the March 2006 Revised Supplemental Environmental Impact Statement 2 for this project is economically justified: 

Provided, That the levee closure and gravity structure at the south 

end of the New Madrid Floodway portion of the Project are part 

of the Mississippi River Levee feature of the Mississippi River 

and Tributaries Project and are not a separable element of that 

Project. 

SEC. 124. Funds provided in title V, chapter 3 of Public Law 

110–28 under the heading ‘‘Construction’’ may be used for restoration of shore protection projects in New Jersey damaged by the 

same meteorological events that resulted in Presidential Disaster 

Declaration FEMA–1694–DR. 

SEC. 125. The project for flood control, Cedar Hammock (Wares 

Creek), Florida, authorized by section 101(a)(10) of Public Law 

104–303 (110 Stat. 3664), is modified to authorize the Secretary 

to construct the project at a total cost of $42,600,000. 

16 USC 460–3a. 


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PUBLIC LAW 110–161—DEC. 26, 2007 121 STAT. 1947 

SEC. 126. Section 156 of Public Law 108–137 is amended by 

inserting ‘‘or reimburse’’ after ‘‘non-Federal share of the cost of 

the project’’ in paragraphs (2) and (3). 

SEC. 127. Notwithstanding any other provision of law, the 

requirements regarding the use of continuing contracts under the 

authority of section 206 of the Water Resources Development Act 

of 1999 (33 U.S.C. 2331) shall apply only to projects funded under 

the Operation and Maintenance account and the Operation and 

Maintenance subaccount of the Mississippi River and Tributaries 

account. 

SEC. 128. Section 3020 of the Water Resources Development 

Act of 2007, Public Law 110–114, is amended by inserting ‘‘or 

after’’ following the word ‘‘before’’. 

SEC. 129. Notwithstanding provisions of 42 U.S.C. 2011 et 

seq. and 42 U.S.C. 7901 et seq. the U.S. Army Corps of Engineers 

shall have the authority to arrange disposal of waste materials 

from the Maywood, New Jersey, Formerly Utilized Sites Remedial 

Action Program (FUSRAP) site at off-site facilities permitted to 

accept such waste materials under subtitle C of the Resource Conservation and Recovery Act (42 U.S.C. 6921 et seq.). FUSRAP 

waste materials from the Maywood site may be, but shall not 

be required to be, disposed at sites licensed under the Atomic 

Energy Act (42 U.S.C. 2011 et seq.). 

SEC. 130. AMERICAN AND SACRAMENTO RIVERS, CALIFORNIA. 

Section 101(a)(1)(B) of the Water Resources Development Act of 

1996 (Public Law 104–303: 110 Stat. 3662) is modified to read 

as follows: 

‘‘(B) CREDIT TOWARD NON-FEDERAL SHARE.—The nonFederal interest shall receive credit toward the non-Federal 

share of project costs for expenses that the non-Federal 

interest incurs for design or construction of any authorized 

project feature, including credit for work commenced before 

the date of execution of a cooperation agreement for the 

affected feature. The amount of the credit shall be determined by the Secretary.’’. 

SEC. 131. WHITE RIVER NAVIGATION TO BATESVILLE, ARKANSAS. 

The project for navigation, White River Navigation to Batesville, 

Arkansas, as authorized in Public Law 99–662 is amended to extend 

the project from mile 255, near Newport, Arkansas, to approximately mile 296, near Batesville, Arkansas; to include a harbor 

at Batesville, Arkansas; and environmental restoration within the 

White River Basin including federally owned lands. 

SEC. 132. LANDFILLS USED FOR CERTAIN WASTE. (a) IN GENERAL.—The funding prohibition set forth in section 103 of the 

Energy and Water Development Appropriations Act, 2006 shall 

not apply to the construction or expansion of any landfill in the 

Muskingum River watershed if— 

(1) the landfill is used solely for the disposal of— 

(A) wastes generated from the combustion or gasification of coal, 

(B) wastes consisting of byproducts from pollution control technology installed to comply with the Clean Air 

Act, or 

(C) both of such types of wastes. 

(2) the landfill is owned by the waste generator or any 

affiliated person, and 

Ante, p. 1110. 

Applicability. 

117 Stat. 1845. 


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(3) the facility at which the wastes are generated is located 

in the same watershed as the landfill. 

(b) DEFINITIONS.—For purposes of this section: 

(1) The term ‘‘affiliated person’’ means any person who, 

directly or indirectly, owns or controls the waste generator, 

is owned or controlled by the waste generator, or is under 

common ownership or control with the waste generator. 

(2) The term ‘‘Muskingum River watershed’’ shall mean 

the area within the watershed of the Muskingum River, as 

delineated by the Secretary of the Army, acting through the 

Chief of Engineers. 

SEC. 133. CONVEYANCE TO STORY COUNTY, IOWA. Not later 

than 180 days after the date of enactment of this Act, the Chief 

of the Army Corps of Engineers shall convey to Story County, 

Iowa, without consideration, all rights, title, and interest of the 

United States in and to a parcel of real property, including any 

improvements thereon, consisting of approximately 197 acres originally proposed for the Skunk River Reservoir, located between 

Ames, Iowa, and Story City, Iowa. 

SEC. 134. None of the funds provided herein may be used 

to implement any new water control manuals for the ApalachicolaChattahootchee-Flint and Alabama-Coosa-Tallapoosa river systems: 

Provided, That in updating the water control manuals the Secretary 

of the Army, acting through the Chief of Engineers is directed 

to provide the following information by September 30, 2008: 

(1) an estimate of the amount of withdrawals from each 

respective river basin for entities withdrawing one million gallons per day or more over the preceding 60 months; 

(2) a flow data set for the respective river basin updated 

through the most recently completed calendar year; and 

(3) an estimated projection of total water usage in the 

respective basins over the next 25 years. 

SEC. 135. Title II, chapter 3 of Public Law 109–234 under 

the heading ‘‘Construction’’ is modified by striking ‘‘construction: 

Provided,’’ and inserting in lieu thereof ‘‘: Provided, That the Secretary of the Army, in implementing projects and measures in 

the New Orleans metropolitan area required to achieve certification 

for participation in the National Flood Insurance Program as 

directed in Public Law 109–234 shall include all authorized features 

of the Southeast Louisiana Flood Control project and related 

internal pumping requirements as integral elements of the comprehensive protection system for the area and shall complete all 

authorized work for the Southeast Louisiana project concurrently 

and integrally with other area projects: Provided further,’’. 

SEC. 136. Utilizing funds appropriated under Alaska Coastal 

Erosion or other available funds, the Secretary of the Army, acting 

through the Chief of Engineers, is directed to prepare a preliminary 

action plan for any community that requests assistance pursuant 

to section 117, as contained in title I, division C of Public Law 

108–447: Provided, That the preliminary action plan pursuant to 

this authority shall be presented to the Assistant Secretary of 

the Army (Civil Works) and the Alaska Congressional Delegation 

not later than 90 days after the initial request from the community: 

Provided further, That the preliminary action plan will recommend 

the most appropriate course of action (relocation or erosion stabilization), including a preliminary cost estimate and, at a minimum, 

Notification. the first year funding requirements: Provided further, That if the 

Deadlines. 

120 Stat. 454. 

Deadline. 

Deadline. 


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Alaska District is unable to comply with this reporting requirement, 

the District shall provide written notification to the Assistant Secretary of the Army (Civil Works) and the Alaska Congressional 

Delegation within 30 days of the community assistance request 

explaining why they are unable to comply. 

TITLE II 

DEPARTMENT OF THE INTERIOR 

CENTRAL UTAH PROJECT

CENTRAL UTAH PROJECT COMPLETION ACCOUNT

For carrying out activities authorized by the Central Utah Project Completion Act, $41,380,000, to remain available until 

expended, of which $976,000 shall be deposited into the Utah Reclamation Mitigation and Conservation Account for use by the Utah 

Reclamation Mitigation and Conservation Commission. 

In addition, for necessary expenses incurred in carrying out related responsibilities of the Secretary of the Interior, $1,620,000, 

to remain available until expended. 

For fiscal year 2008, the Commission may use an amount not to exceed $1,500,000 for administrative expenses. 

BUREAU OF RECLAMATION

The following appropriations shall be expended to execute 

authorized functions of the Bureau of Reclamation: 

WATER AND RELATED RESOURCES

(INCLUDING TRANSFERS OF FUNDS) 

For management, development, and restoration of water and 

related natural resources and for related activities, including the 

operation, maintenance, and rehabilitation of reclamation and other 

facilities, participation in fulfilling related Federal responsibilities 

to Native Americans, and related grants to, and cooperative and 

other agreements with, State and local governments, federally recognized Indian tribes, and others, $949,882,000, to remain available 

until expended, of which $60,258,000 shall be available for transfer 

to the Upper Colorado River Basin Fund and $26,787,000 shall 

be available for transfer to the Lower Colorado River Basin Development Fund; of which such amounts as may be necessary may 

be advanced to the Colorado River Dam Fund; of which not more 

than $500,000 is for high priority projects which shall be carried 

out by the Youth Conservation Corps, as authorized by 16 U.S.C. 

1706: Provided, That such transfers may be increased or decreased 

within the overall appropriation under this heading: Provided further, That of the total appropriated, the amount for program activities that can be financed by the Reclamation Fund or the Bureau 

of Reclamation special fee account established by 16 U.S.C. 460l– 

6a(i) shall be derived from that Fund or account: Provided further, 

That funds contributed under 43 U.S.C. 395 are available until 

expended for the purposes for which contributed: Provided further, 

That funds advanced under 43 U.S.C. 397a shall be credited to 

this account and are available until expended for the same purposes 

as the sums appropriated under this heading: Provided further, 


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That funds available for expenditure for the Departmental Irrigation Drainage Program may be expended by the Bureau of Reclamation for site remediation on a non-reimbursable basis: Provided 

further, That funds provided for the Friant-Kern and Madera Canals 

improvements may be expended on a non-reimbursable basis: Provided further, That $2,952,000 of the funds appropriated under 

this heading shall be deposited in the San Gabriel Basin Restoration 

Fund established by section 110 of title I of appendix D of Public 

Law 106–554. 

CENTRAL VALLEY PROJECT RESTORATION FUND

For carrying out the programs, projects, plans, and habitat 

restoration, improvement, and acquisition provisions of the Central 

Valley Project Improvement Act, $59,122,000, to be derived from 

such sums as may be collected in the Central Valley Project Restoration Fund pursuant to sections 3407(d), 3404(c)(3), 3405(f), and 

3406(c)(1) of Public Law 102–575, to remain available until 

expended: Provided, That the Bureau of Reclamation is directed 

to assess and collect the full amount of the additional mitigation 

and restoration payments authorized by section 3407(d) of Public 

Law 102–575: Provided further, That none of the funds made available under this heading may be used for the acquisition or leasing 

of water for in-stream purposes if the water is already committed 

to in-stream purposes by a court adopted decree or order. 

CALIFORNIA BAY-DELTA RESTORATION

(INCLUDING TRANSFER OF FUNDS) 

For carrying out activities authorized by the Water Supply, 

Reliability, and Environmental Improvement Act, consistent with 

plans to be approved by the Secretary of the Interior, $40,098,000, 

to remain available until expended, of which such amounts as 

may be necessary to carry out such activities may be transferred 

to appropriate accounts of other participating Federal agencies to 

carry out authorized purposes: Provided, That funds appropriated 

herein may be used for the Federal share of the costs of CALFED 

Program management: Provided further, That the use of any funds 

provided to the California Bay-Delta Authority for program-wide 

management and oversight activities shall be subject to the approval 

of the Secretary of the Interior: Provided further, That CALFED 

implementation shall be carried out in a balanced manner with 

clear performance measures demonstrating concurrent progress in 

achieving the goals and objectives of the Program. 

POLICY AND ADMINISTRATION

(INCLUDING TRANSFER OF FUNDS) 

For necessary expenses of policy, administration, and related 

functions in the office of the Commissioner, the Denver office, 

and offices in the five regions of the Bureau of Reclamation, to 

remain available until expended, $58,811,000, to be derived from 

the Reclamation Fund and be nonreimbursable as provided in 43 

U.S.C. 377: Provided, That no part of any other appropriation 

in this Act shall be available for activities or functions budgeted 

as policy and administration expenses: Provided further, That, of 


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PUBLIC LAW 110–161—DEC. 26, 2007 121 STAT. 1951 

the funds provided under this heading, $10,000,000 shall be transferred to ‘‘Water and Related Resources’’ upon the expiration of 

the 60-day period following the date of enactment of this Act if, 

during such period, the Secretary of the Interior has not submitted 

to the Committees on Appropriations of the House of Representatives and the Senate the Bureau of Reclamation’s five-year budget 

plan. 

ADMINISTRATIVE PROVISION

Appropriations for the Bureau of Reclamation shall be available 

for purchase of not to exceed 14 passenger motor vehicles, which 

are for replacement only. 

GENERAL PROVISIONS, DEPARTMENT OF THE INTERIOR

SEC. 201. (a) None of the funds appropriated or otherwise 

made available by this Act may be used to determine the final 

point of discharge for the interceptor drain for the San Luis Unit 

until development by the Secretary of the Interior and the State 

of California of a plan, which shall conform to the water quality 

standards of the State of California as approved by the Administrator of the Environmental Protection Agency, to minimize any 

detrimental effect of the San Luis drainage waters. 

(b) The costs of the Kesterson Reservoir Cleanup Program 

and the costs of the San Joaquin Valley Drainage Program shall 

be classified by the Secretary of the Interior as reimbursable or 

nonreimbursable and collected until fully repaid pursuant to the 

‘‘Cleanup Program-Alternative Repayment Plan’’ and the ‘‘SJVDPAlternative Repayment Plan’’ described in the report entitled 

‘‘Repayment Report, Kesterson Reservoir Cleanup Program and San 

Joaquin Valley Drainage Program, February 1995’’, prepared by 

the Department of the Interior, Bureau of Reclamation. Any future 

obligations of funds by the United States relating to, or providing 

for, drainage service or drainage studies for the San Luis Unit 

shall be fully reimbursable by San Luis Unit beneficiaries of such 

service or studies pursuant to Federal reclamation law. 

SEC. 202. None of the funds appropriated or otherwise made 

available by this or any other Act may be used to pay the salaries 

and expenses of personnel to purchase or lease water in the Middle 

Rio Grande or the Carlsbad Projects in New Mexico unless said 

purchase or lease is in compliance with the purchase requirements 

of section 202 of Public Law 106–60. 

SEC. 203. Funds under this title for Drought Emergency Assistance shall be made available primarily for leasing of water for 

specified drought related purposes from willing lessors, in compliance with existing State laws and administered under State water 

priority allocation. 

SEC. 204. The Secretary of the Interior, acting through the 

Commissioner of the Bureau of Reclamation, is authorized to enter 

into grants, cooperative agreements, and other agreements with 

irrigation or water districts and States to fund up to 50 percent 

of the cost of planning, designing, and constructing improvements 

that will conserve water, increase water use efficiency, or enhance 

water management through measurement or automation, at 

existing water supply projects within the States identified in the 

Act of June 17, 1902, as amended, and supplemented: Provided, 

That when such improvements are to federally owned facilities, 

Grants. 

Contracts. 

New Mexico. 


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such funds may be provided in advance on a non-reimbursable 

basis to an entity operating affected transferred works or may 

be deemed non-reimbursable for non-transferred works: Provided 

further, That the calculation of the non-Federal contribution shall 

provide for consideration of the value of any in-kind contributions, 

but shall not include funds received from other Federal agencies: 

Provided further, That the cost of operating and maintaining such 

improvements shall be the responsibility of the non-Federal entity: 

Provided further, That this section shall not supercede any existing 

project-specific funding authority: Provided further, That the Secretary is also authorized to enter into grants or cooperative agreements with universities or non-profit research institutions to fund 

water use efficiency research. 

SEC. 205. (a) Section 209 of the Energy and Water Development 

Appropriations Act, 2004 (Public Law 108–137; 117 Stat. 1850) 

is repealed. 

(b) The Secretary of the Interior (referred to in this section 

as the ‘‘Secretary’’) shall establish an Executive Committee of the 

Middle Rio Grande Endangered Species Collaborative Program 

(referred to in this section as the ‘‘Executive Committee’’) consistent 

with the bylaws of the Middle Rio Grande Endangered Species 

Collaborative Program adopted on October 2, 2006. 

(c) In compliance with applicable Federal and State laws, the 

Secretary (acting through the Commissioner of Reclamation), in 

collaboration with the Executive Committee, may enter into any 

grants, contracts, cooperative agreements, interagency agreements, 

or other agreements that the Secretary determines to be necessary 

to comply with the 2003 Biological Opinion described in section 

205(b) of the Energy and Water Development Appropriations Act, 

2005 (Public Law 108–447; 118 Stat. 2949) as amended by section 

121(b) of the Energy and Water Development Appropriations Act, 

2006 (Public Law 109–103; 119 Stat. 2256) or in furtherance of 

the objectives set forth in the collaborative program long-term plan. 

(d)(1) The acquisition of water under subsection (c) and any 

administrative costs associated with carrying out subsection (c) 

shall be at full Federal expense. 

(2) Not more than 15 percent of amounts appropriated to carry 

out subsection (c) shall be made available for the payment of 

administrative expenses associated with carrying out that subsection. 

(e)(1) The non-Federal share of activities carried out under 

subsection (c) (other than an activity or a cost described in subsection (d)(1)) shall be 25 percent. The non-Federal cost share 

shall be determined on a programmatic, rather than a projectby-project basis. 

(2) The non-Federal share required under paragraph (1) may 

be in the form of in-kind contributions, the value of which shall 

be determined by the Secretary in consultation with the executive 

committee. 

(f) Nothing in this section modifies or expands the discretion 

of the Secretary with respect to operating reservoir facilities under 

the jurisdiction of the Secretary in the Rio Grande Valley, New 

Mexico. 

SEC. 206. In furtherance of section 529 of Public Law 106– 

541, the Secretary of the Interior shall continue to participate 

in implementation of the Project at Las Vegas Wash and Lake 

Mead in accordance with the Plan, and may provide grants to 

Establishment. 


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the Southern Nevada Water Authority to carry out the implementation of the Project at Las Vegas Wash and Lake Mead in accordance 

with the Plan: Provided, That issuance of any such grants shall 

not modify the cost sharing requirements provided in section 529(b) 

of Public Law 106–541. 

SEC. 207. In carrying out section 2507 of Public Law 107– 

171, the Secretary of the Interior, acting through the Commissioner 

of Reclamation, shall use $2,000,000 to provide grants, to be divided 

equally, to the State of Nevada and the State of California to 

implement the Truckee River Settlement Act, Public Law 101– 

618. 

SEC. 208. (a) Notwithstanding any other provision of law, of 

amounts made available under section 2507 of the Farm Security 

and Rural Investment Act of 2002 (43 U.S.C. 2211 note; Public 

Law 107–171), the Secretary of the Interior— 

(1) acting through the Commissioner of Reclamation, shall 

use— 

(A) subject to subsection (b), $3,000,000 for activities 

necessary to convey to the State of Nevada the land known 

as the ‘‘Carson Lake and Pasture’’, as authorized by section 

206(e) of the Truckee-Carson-Pyramid Lake Water Rights 

Settlement Act (Public Law 101–618: 104 Stat. 3311); 

(B) $10,000,000 for the removal of the Numana Dam 

and other obsolete irrigation structures located on the Pyramid Lake Paiute Reservation for the benefit of the Pyramid Lake Paiute Tribe because of their status as Indians; 

(C) in consultation with the Corps of Engineers, as 

applicable, $5,000,000 to study and prepare plans for the 

development and construction of a pipeline to convey water 

from Dixie Valley to Churchill County, Nevada; 

(D) $10,000,000 for— 

(i) design and construction of the Derby Dam fish 

screen to allow passage of fish, including the cui-ui 

and Lahontan cutthroat trout; and 

(ii) any improvements to Derby Dam necessary 

to make the fish screen operable; 

(E) $6,000,000 for the acquisition of not more than 

4 small hydroelectric power plants from the Sierra Pacific 

Power Company to improve water allocation and fish passage in the Truckee River; and 

(F) $6,000,000 for Lower Truckee River restoration 

projects identified by the cities of Reno and Sparks, Nevada, 

and Washoe County, Nevada; 

(2) shall allocate $9,000,000 to a nonprofit conservation 

organization, acting in consultation with the Truckee Meadows 

Water Authority, for— 

(A) the acquisition of land surrounding Independence 

Lake; and 

(B) protection of the native fishery and water quality 

of Independence Lake; 

(3) shall allocate $1,000,000 to the Summit Lake Paiute 

Tribe to plan and complete restoration efforts at the Summit 

Lake in Northern Washoe County, Nevada, for the benefit 

of the Tribe because of their status as Indians; 

(4) shall allocate $3,000,000 to the Newlands Project Water 

Rights Fund for a Federal-State-Pyramid Lake Paiute Tribe 

program, to be administered by an entity identified by the 

Nevada. 

Native 

Americans. 

Fish and fishing. 

Grants. 

Nevada. 

California. 


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3 applicable parties, for the retirement of water rights pursuant 

to the Truckee-Carson-Pyramid Lake Water Rights Settlement 

Act (Public Law 101–618: 104 Stat. 3311); 

(5) shall allocate $2,500,000 to the United States Fish 

and Wildlife Service to analyze, in cooperation and consultation 

with external experts, the impacts of low water flows on reproduction at the Walker Lake fishery, including an analysis of 

methods to prevent permanent effects on the fishery from low 

water flows; 

(6) shall allocate $4,000,000 to the State of Nevada to 

prepare watershed inventories, with a particular focus on the 

Walker and Carson River Basins; 

(7) shall allocate $5,000,000 for joint planning and development activities for water, wastewater, and sewer facilities by 

the city of Fernley, Nevada, and the Pyramid Lake Paiute 

Tribe; 

(8) shall allocate $500,000 for the Walker River Paiute 

Tribe for legal and professional services in support of settling 

tribal water claims in the Walker River Basin and to Walker 

Lake; 

(9) shall allocate $1,000,000 to the Walker River Irrigation 

District— 

(A) to plan and implement a weed control program 

to improve conveyance efficiency of water controlled by 

the Irrigation District; and 

(B) to make improvements to water gauges controlled 

by the Irrigation District to enhance the water monitoring 

activities of the Irrigation District; and 

(10) shall allocate $250,000 to Churchill County, Nevada, 

to provide testing of groundwater wells. 

(b)(1) The Secretary shall achieve compliance with all applicable 

Federal laws (including regulations) relating to the conveyance 

of the Carson Lake and Pasture to the State of Nevada as described 

in subsection (a)(1)(A) by not later than June 30, 2010. 

(2) Any amounts made available to carry out the conveyance 

described in subsection (a)(1)(A) but not expended for that purpose 

shall be made available to the State of Nevada to supplement 

funds provided under section 217(a)(1) of the Energy and Water 

Development Appropriations Act, 2004 (Public Law 108–137; 117 

Stat. 1852), to purchase water rights from willing sellers and to 

make necessary improvements to benefit the Carson Lake and 

Pasture. 

SEC. 209. Section 10(a) of the Mni Wiconi Project Act of 1988 

(Public Law 100–516; 102 Stat. 2571; 116 Stat. 3033) is amended 

in the second sentence by striking ‘‘2008’’ and inserting ‘‘2013’’. 

SEC. 210. INLAND EMPIRE AND CUCAMONGA VALLEY RECYCLING

PROJECTS. The Reclamation Wastewater and Groundwater Study 

and Facilities Act (Public Law 102–575, title XVI; 43 U.S.C. 390h 

et seq.) is amended by adding at the end the following: 

‘‘SEC. 16ll. INLAND EMPIRE REGIONAL WATER RECYCLING PROJECT. 

‘‘(a) IN GENERAL.—The Secretary, in cooperation with the 

Inland Empire Utilities Agency, may participate in the design, 

planning, and construction of the Inland Empire regional water 

recycling project described in the report submitted under section 

1606(c). 

43 USC 390h–21. 

Deadline. 


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‘‘(b) COST SHARING.—The Federal share of the cost of the project 

described in subsection (a) shall not exceed 25 percent of the total 

cost of the project. 

‘‘(c) LIMITATION.—Funds provided by the Secretary shall not 

be used for operation and maintenance of the project described 

in subsection (a). 

‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—There is authorized 

to be appropriated to carry out this section, $20,000,000. 

‘‘SEC. 16ll. CUCAMONGA VALLEY WATER RECYCLING PROJECT. 

‘‘(a) IN GENERAL.—The Secretary, in cooperation with the 

Cucamonga Valley Water District, may participate in the design, 

planning, and construction of the Cucamonga Valley Water District 

satellite recycling plants in Rancho Cucamonga, California, to 

reclaim and recycle approximately 2 million gallons per day of 

domestic wastewater. 

‘‘(b) COST SHARING.—The Federal share of the cost of the project 

described in subsection (a) shall not exceed 25 percent of the capital 

cost of the project. 

‘‘(c) LIMITATION.—Funds provided by the Secretary shall not 

be used for operation and maintenance of the project described 

in subsection (a). 

‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—There is authorized 

to be appropriated to carry out this section, $10,000,000. 

‘‘(e) SUNSET OF AUTHORITY.—The authority of the Secretary 

to carry out any provisions of this section shall terminate 10 years 

after the date of the enactment of this section.’’. 

(c) CONFORMING AMENDMENTS.—The table of sections in section 

2 of Public Law 102–575 is amended by inserting after the last 

item the following: 

‘‘16ll. Inland Empire Regional Water Recycling Program. ‘‘16ll. Cucamonga Valley Water Recycling Project.’’. 

SEC. 211. Prior to the unilateral termination or removal of 

cabin or trailer sites on Bureau of Reclamation lands in North 

Dakota for the purpose of changing land use, the Secretary of 

the Interior is directed to submit a report describing the action 

to the Committee on Energy and Natural Resources, United States 

Senate and the Committee on Natural Resources, United States 

House of Representatives and the House and Senate Committees 

on Appropriations: Provided, That the Secretary shall not move 

forward with the proposed action until 60 days after the report 

is submitted to the Committee Chairmen. 

SEC. 212. Section 3507(b) of Public Law 102–575 (106 Stat. 

4600) is amended by striking ‘‘$4,660,000’’ and inserting 

‘‘$12,660,000’’. 

SEC. 213. AUTHORITY TO EXTEND WATER CONTRACT. The Secretary of the Interior may extend the water contract 14–06–600– 

3593, as amended, between the United States and the East Bench 

Irrigation District for water services, until the earlier of— 

(1) the expiration of the 2-year period beginning on the 

date on which the contract would expire but for this section; 

or 

(2) the date on which a new long-term water contract 

is executed by the parties to the contract listed in subsection 

(b). 

SEC. 214. SOUTHERN CALIFORNIA DESERT REGION INTEGRATED

WATER AND ECONOMIC SUSTAINABILITY PLAN. (a) IN GENERAL.— 

106 Stat. 4733. 

Deadline. 

North Dakota. 

Reports. 

California. 

43 USC 390h–22. 


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The Reclamation Wastewater and Groundwater Study and Facilities 

Act (Public Law 102–575, title XVI; 43 U.S.C. 390h et seq.) is 

amended by adding at the end the following new section: 

‘‘SEC. 16ll. SOUTHERN CALIFORNIA DESERT REGION INTEGRATED 

WATER AND ECONOMIC SUSTAINABILITY PLAN. 

‘‘(a) AUTHORIZATION.—The Secretary, in cooperation with the 

Mojave Water Agency is authorized to participate in the design, 

planning, and construction of projects to implement the ‘Mojave 

Water Agency’s Integrated Regional Water Management Plan’. 

‘‘(b) COST SHARE.—The Federal share of the costs of the projects 

authorized by this section shall not exceed 25 percent of the total 

cost. 

‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—There is authorized 

to be appropriated to carry out this section, $20,000,000.’’. 

(b) CONFORMING AMENDMENT.—The table of sections in section 

2 of Public Law 102–575 is amended by inserting after the last 

item relating to title XVI the following: 

‘‘16ll. Southern California desert region integrated water and economic sustainability plan.’’. 

(c) LIMITATION.—The Secretary shall not provide funds for the 

operation or maintenance of a project authorized by this section. 

(d) CREDITS TOWARD NON-FEDERAL SHARE.—For purposes of 

subsection (b) the Secretary shall credit the Mojave Water Agency 

with the value of all expenditures made prior to the date of the 

enactment of this Act that are used toward completion of projects 

that are compatible with this section. 

TITLE III 

DEPARTMENT OF ENERGY 

ENERGY PROGRAMS 

ENERGY EFFICIENCY AND RENEWABLE ENERGY

For Department of Energy expenses including the purchase, 

construction, and acquisition of plant and capital equipment, and 

other expenses necessary for energy efficiency and renewable energy 

activities in carrying out the purposes of the Department of Energy 

Organization Act (42 U.S.C. 7101 et seq.), including the acquisition 

or condemnation of any real property or any facility or for plant 

or facility acquisition, construction, or expansion, $1,739,541,000, 

to remain available until expended: Provided, That the Secretary 

is directed to make fiscal year 2008 weatherization funding available from October 1, 2007, through March 31, 2009, for States 

that submit plans requesting allocations for all or part of this 

period: Provided further, That the funds provided for Federal technical assistance and training are intended to be used exclusively 

to support the effective delivery of weatherization services as set 

forth in statute and applicable regulations: Provided further, That 

any change in program implementation should be proposed to Congress in the Department’s budget submission and not implemented 

before congressional approval is obtained. 

43 USC 390h–23 

note. 

43 USC 390h–23. 


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ELECTRICITY DELIVERY AND ENERGY RELIABILITY

For Department of Energy expenses including the purchase, 

construction, and acquisition of plant and capital equipment, and 

other expenses necessary for electricity delivery and energy reliability activities in carrying out the purposes of the Department 

of Energy Organization Act (42 U.S.C. 7101 et seq.), including 

the acquisition or condemnation of any real property or any facility 

or for plant or facility acquisition, construction, or expansion, 

$140,000,000, to remain available until expended. 

NUCLEAR ENERGY

(INCLUDING TRANSFER OF FUNDS) 

For Department of Energy expenses including the purchase, 

construction, and acquisition of plant and capital equipment, and 

other expenses necessary for nuclear energy activities in carrying 

out the purposes of the Department of Energy Organization Act 

(42 U.S.C. 7101 et seq.), including the acquisition or condemnation 

of any real property or any facility or for plant or facility acquisition, 

construction, or expansion, and the purchase of not to exceed 20 

passenger motor vehicles for replacement only, including one ambulance, $970,525,000, to remain available until expended: Provided, 

That $233,849,000 is authorized to be appropriated for Project 

99–D–143 Mixed Oxide (MOX) Fuel Fabrication Facility, Savannah 

River Site, South Carolina: Provided further, That the Department 

of Energy adhere strictly to Department of Energy Order 413.3A 

for Project 99–D–143. 

LEGACY MANAGEMENT

For Department of Energy expenses for Legacy Management 

activities, $34,183,000, to remain available until expended. 

CLEAN COAL TECHNOLOGY

(INCLUDING DEFERRAL AND TRANSFER OF FUNDS) 

Of the funds made available under this heading for obligation 

in prior years, $149,000,000 shall not be available until October 

1, 2008: Provided, That funds made available in previous appropriations Acts shall be made available for any ongoing project regardless 

of the separate request for proposal under which the project was 

selected: Provided further, That $166,000,000 of uncommitted balances are transferred to Fossil Energy Research and Development 

to be used until expended. 

FOSSIL ENERGY RESEARCH AND DEVELOPMENT

(INCLUDING TRANSFER OF FUNDS) 

For necessary expenses in carrying out fossil energy research 

and development activities, under the authority of the Department 

of Energy Organization Act (Public Law 95–91), including the 

acquisition of interest, including defeasible and equitable interests 

in any real property or any facility or for plant or facility acquisition 

or expansion, and for the hire of passenger motor vehicles, the 

hire, maintenance, and operation of aircraft, the purchase, repair, 


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and cleaning of uniforms, the reimbursement to the General Services Administration for security guard services, and for conducting 

inquiries, technological investigations and research concerning the 

extraction, processing, use, and disposal of mineral substances without objectionable social and environmental costs (30 U.S.C. 3, 1602, 

and 1603), $750,000,000, to remain available until expended, of 

which $166,000,000 shall be derived by transfer from ‘‘Clean Coal 

Technology’’: Provided further, That funds appropriated for prior 

solicitations under the Clean Coal Technology Program, Power Plant 

Improvement Initiative, and Clean Coal Power Initiative, but not 

required by the Department to meet its obligations on projects 

selected under such solicitations, may be utilized for the Clean 

Coal Power Initiative Round III solicitation under this Act in accordance with the requirements of this Act rather than the Acts under 

which the funds were appropriated: Provided further, That no 

project may be selected for which full funding is not available 

to provide for the total project: Provided further, That financial 

assistance for costs in excess of those estimated as of the date 

of award of original Clean Coal Power Initiative financial assistance 

may not be provided in excess of the proportion of costs borne 

by the Government in the original agreement and shall be limited 

to 25 percent of the original financial assistance: Provided further, 

That at least 50 percent cost-sharing shall be required in each 

budget period of a project: Provided further, That in accordance 

with section 988(e) of Public Law 109–58, repayment of the DOE 

contribution to a project shall not be a condition of making an 

award under this solicitation: Provided further, That no part of 

the sum herein made available shall be used for the field testing 

of nuclear explosives in the recovery of oil and gas: Provided further, 

That in this Act and future Acts, up to 4 percent of program 

direction funds available to the National Energy Technology Laboratory may be used to support Department of Energy activities not 

included in this Fossil Energy account: Provided further, That in 

this Act and future Acts, the salaries for Federal employees performing research and development activities at the National Energy 

Technology Laboratory can continue to be funded from any appropriate DOE program accounts: Provided further, That revenues 

and other moneys received by or for the account of the Department 

of Energy or otherwise generated by sale of products in connection 

with projects of the Department appropriated under the Fossil 

Energy Research and Development account may be retained by 

the Secretary of Energy, to be available until expended, and used 

only for plant construction, operation, costs, and payments to costsharing entities as provided in appropriate cost-sharing contracts 

or agreements. 

NAVAL PETROLEUM AND OIL SHALE RESERVES

For expenses necessary to carry out naval petroleum and oil 

shale reserve activities, including the hire of passenger motor 

vehicles, $20,472,000, to remain available until expended: Provided, 

That, notwithstanding any other provision of law, unobligated funds 

remaining from prior years shall be available for all naval petroleum 

and oil shale reserve activities. 

42 USC 7269c. 


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STRATEGIC PETROLEUM RESERVE

For necessary expenses for Strategic Petroleum Reserve facility 

development and operations and program management activities 

pursuant to the Energy Policy and Conservation Act of 1975, as 

amended (42 U.S.C. 6201 et seq.), including the hire of passenger 

motor vehicles, the hire, maintenance, and operation of aircraft, 

the purchase, repair, and cleaning of uniforms, and the reimbursement to the General Services Administration for security guard 

services, $188,472,000, to remain available until expended, of which 

$25,000,000 shall be provided to carry out new site land acquisition 

activities consistent with the budget request. 

NORTHEAST HOME HEATING OIL RESERVE

For necessary expenses for Northeast Home Heating Oil 

Reserve storage, operation, and management activities pursuant 

to the Energy Policy and Conservation Act, $12,448,000, to remain 

available until expended. 

ENERGY INFORMATION ADMINISTRATION

For necessary expenses in carrying out the activities of the 

Energy Information Administration, $96,337,000, to remain available until expended. 

NON-DEFENSE ENVIRONMENTAL CLEANUP

For Department of Energy expenses, including the purchase, 

construction, and acquisition of plant and capital equipment and 

other expenses necessary for non-defense environmental cleanup 

activities in carrying out the purposes of the Department of Energy 

Organization Act (42 U.S.C. 7101 et seq.), including the acquisition 

or condemnation of any real property or any facility or for plant 

or facility acquisition, construction, or expansion, and the purchase 

of not to exceed three passenger motor vehicles for replacement 

only, $183,937,000, to remain available until expended: Provided, 

That $13,000,000 is appropriated for environmental remediation 

activities associated with the Energy Technology and Engineering 

Center (ETEC) at the Santa Susana Field Laboratory (SSFL), subject to the following: (1) the Department shall use a portion of 

this funding to enter into an interagency agreement with the 

Environmental Protection Agency to conduct a joint comprehensive 

radioactive site characterization of Area IV of the SSFL; (2) the 

Department shall ensure that all aspects of the cleanup of radioactive contamination at Area IV of the SSFL comply fully with 

the Comprehensive Environmental Response, Compensation and 

Liability Act, if applicable; and (3) the Department shall retain 

Federal control of ETEC and it shall not be released for other 

use until such time as the Department has complied with actions 

directed in paragraphs (1) and (2). 

URANIUM ENRICHMENT DECONTAMINATION AND DECOMMISSIONING

FUND

For necessary expenses in carrying out uranium enrichment 

facility decontamination and decommissioning, remedial actions, 

and other activities of title II of the Atomic Energy Act of 1954, 


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as amended, and title X, subtitle A, of the Energy Policy Act 

of 1992, $627,876,000, to be derived from the Fund, to remain 

available until expended, of which $20,000,000 shall be available 

in accordance with title X, subtitle A, of the Energy Policy Act 

of 1992. 

SCIENCE

(INCLUDING RESCISSION OF FUNDS) 

For Department of Energy expenses including the purchase, 

construction and acquisition of plant and capital equipment, and 

other expenses necessary for science activities in carrying out the 

purposes of the Department of Energy Organization Act (42 U.S.C. 

7101 et seq.), including the acquisition or condemnation of any 

real property or facility or for plant or facility acquisition, construction, or expansion, and purchase of not to exceed 30 passenger 

motor vehicles for replacement only, $4,055,483,000, to remain 

available until expended: Provided, That of the funds made available in section 130 of division H (Miscellaneous Appropriations 

and Offsets) of the Consolidated Appropriations Act, 2004, Public 

Law 108–199, as amended by section 315 of Public Law 109– 

103, for the Coralville, Iowa, project, $44,569,000 is rescinded. 

NUCLEAR WASTE DISPOSAL

For nuclear waste disposal activities to carry out the purposes 

of the Nuclear Waste Policy Act of 1982, Public Law 97–425, as 

amended (the ‘‘Act’’), including the acquisition of real property 

or facility construction or expansion, $189,000,000, to remain available until expended, and to be derived from the Nuclear Waste 

Fund: Provided, That of the funds made available in this Act 

for Nuclear Waste Disposal, $5,000,000 shall be provided to the 

State of Nevada solely for expenditures, other than salaries and 

expenses of State employees, to conduct scientific oversight responsibilities and participate in licensing activities pursuant to the 

Act: Provided further, That notwithstanding the lack of a written 

agreement with the State of Nevada under section 117(c) of the 

Nuclear Waste Policy Act of 1982, Public Law 97–425, as amended, 

not less than $1,000,000 shall be provided to Nye County, Nevada, 

for on-site oversight activities under section 117(d) of that Act: 

Provided further, That $9,000,000 shall be provided to affected 

units of local government, as defined in the Act, to conduct appropriate activities and participate in licensing activities: Provided 

further, That of the $9,000,000 provided, 7.5 percent of the funds 

provided shall be made available to affected units of local government in California with the balance made available to affected 

units of local government in Nevada for distribution as determined 

by the Nevada units of local government. This funding shall be 

provided to affected units of local government, as defined in the 

Act, to conduct appropriate activities and participate in licensing 

activities. The Committee requires the entities to certify that within 

90 days of the completion of each Federal fiscal year, the Nevada 

Division of Emergency Management and the Governor of the State 

of Nevada and each of the affected units of local government shall 

provide certification to the Department of Energy that all funds 

expended from such payments have been expended for the activities 

authorized by the Act and this Act: Provided, That notwithstanding 

Certification. 

Deadline. 

Nevada. 

California. 

Nevada. 


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the provisions of chapters 65 and 75 of title 31, United States 

Code, the Department shall have no monitoring, auditing or other 

oversight rights or responsibilities over amounts provided to affected 

units of local government in this or any previous year: Provided 

further, That the funds for the State of Nevada shall be made 

available solely to the Nevada Division of Emergency Management 

by direct payment and to units of local government by direct payment: Provided further, That within 90 days of the completion 

of each Federal fiscal year, the Nevada Division of Emergency 

Management and the Governor of the State of Nevada and each 

of the affected units of local government shall provide certification 

to the Department of Energy that all funds expended from such 

payments have been expended for activities authorized by the Act 

and this Act: Provided further, That failure to provide such certification shall cause such entity to be prohibited from any further 

funding provided for similar activities: Provided further, That none 

of the funds herein appropriated may be: (1) used directly or 

indirectly to influence legislative action, except for normal and 

recognized executive-legislative communications, on any matter 

pending before Congress or a State legislature or for lobbying 

activity as provided in 18 U.S.C. 1913; (2) used for litigation 

expenses; or (3) used to support multi-State efforts or other coalition 

building activities inconsistent with the restrictions contained in 

this Act: Provided further, That all proceeds and recoveries realized 

by the Secretary in carrying out activities authorized by the Act, 

including but not limited to, any proceeds from the sale of assets, 

shall be available without further appropriation and shall remain 

available until expended: Provided further, That no funds provided 

in this Act or any previous Act may be used to pursue repayment 

or collection of funds provided in any fiscal year to affected units 

of local government for oversight activities that had been previously 

approved by the Department of Energy, or to withhold payment 

of any such funds. 

TITLE 17 INNOVATIVE TECHNOLOGY LOAN GUARANTEE LOAN PROGRAM

For the cost of the guaranteed loans as authorized by section 

1702(b)(2) of the Energy Policy Act of 2005, such sums as are 

hereafter derived from amounts received from borrowers pursuant 

to section 1702(b)(2) of that Act, to remain available until September 

30, 2009: Provided, That the source of such payment received from 

borrowers is not a loan or other debt obligation that is guaranteed 

by the Federal Government: Provided further, That none of the 

funds made available in this or prior Acts shall be available for 

the execution of a new solicitation with respect to such guaranteed 

loans until 45 days after the Department of Energy has submitted 

to the Committees on Appropriations a loan guarantee implementation plan that defines the proposed award levels and eligible technologies: Provided further, That the Department shall not deviate 

from such plan without 45 days prior notice to the Committees: 

Provided further, That for necessary administrative expenses to 

carry out this Loan Guarantee program, $5,500,000 is appropriated, 

to remain available until expended: Provided further, That fees 

collected pursuant to section 1702(h) of the Energy Policy Act 

of 2005 shall be credited as offsetting collections to this account, 

so as to result in a final fiscal year 2008 appropriation from the 

general fund estimated at not more than $0. 

Notification. 

Plan. 

Deadline. 

Lobbying. 

Deadline. 

Certification. 

Nevada. 


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DEPARTMENTAL ADMINISTRATION

(INCLUDING TRANSFER OF FUNDS) 

For salaries and expenses of the Department of Energy necessary for departmental administration in carrying out the purposes 

of the Department of Energy Organization Act (42 U.S.C. 7101 

et seq.), including the hire of passenger motor vehicles and official 

reception and representation expenses not to exceed $30,000, 

$311,596,000, to remain available until expended, plus such additional amounts as necessary to cover increases in the estimated 

amount of cost of work for others notwithstanding the provisions 

of the Anti-Deficiency Act (31 U.S.C. 1511 et seq.): Provided, That 

such increases in cost of work are offset by revenue increases 

of the same or greater amount, to remain available until expended: 

Provided further, That moneys received by the Department for miscellaneous revenues estimated to total $161,818,000 in fiscal 

year 2008 may be retained and used for operating expenses within 

this account, and may remain available until expended, as authorized by section 201 of Public Law 95–238, notwithstanding the 

provisions of 31 U.S.C. 3302: Provided further, That the sum herein 

appropriated shall be reduced by the amount of miscellaneous revenues received during 2008, and any related appropriated receipt 

account balances remaining from prior years’ miscellaneous revenues, so as to result in a final fiscal year 2008 appropriation 

from the general fund estimated at not more than $149,778,000. 

OFFICE OF THE INSPECTOR GENERAL

For necessary expenses of the Office of the Inspector General 

in carrying out the provisions of the Inspector General Act of 

1978, as amended, $46,480,000, to remain available until expended. 

ATOMIC ENERGY DEFENSE ACTIVITIES 

NATIONAL NUCLEAR SECURITY ADMINISTRATION

WEAPONS ACTIVITIES

(INCLUDING TRANSFER OF FUNDS) 

For Department of Energy expenses, including the purchase, 

construction, and acquisition of plant and capital equipment and 

other incidental expenses necessary for atomic energy defense 

weapons activities in carrying out the purposes of the Department 

of Energy Organization Act (42 U.S.C. 7101 et seq.), including 

the acquisition or condemnation of any real property or any facility 

or for plant or facility acquisition, construction, or expansion; 

$6,355,633,000, to remain available until expended: Provided, That 

$38,957,000 is authorized to be appropriated for Project 06–D– 

140–05 (PED) Uranium Processing Facility, Y–12 Plant, Oak Ridge, 

Tennessee: Provided further, That $69,330,000 is authorized to be 

appropriated for Project 99–D–141 Pit Disassembly and Conversion 

Facility (PDCF), Savannah River Site, South Carolina: Provided 

further, That $74,809,000 is authorized to be appropriated for 04– 

D–125 Chemistry and Metallurgy facility replacement project, Los 

Alamos, New Mexico: Provided further, That $10,000,000 is authorized to be appropriated for Ion Beam Laboratory refurbishment, 


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Sandia National Laboratory, Albuquerque, New Mexico: Provided 

further, That $14,846,000 is authorized to be appropriated for Material Security and Consolidation project, Idaho National Laboratory, 

Idaho. 

DEFENSE NUCLEAR NONPROLIFERATION

(INCLUDING RESCISSIONS OF FUNDS) 

For Department of Energy expenses, including the purchase, 

construction, and acquisition of plant and capital equipment and 

other incidental expenses necessary for atomic energy defense, 

defense nuclear nonproliferation activities, in carrying out the purposes of the Department of Energy Organization Act (42 U.S.C. 

7101 et seq.), including the acquisition or condemnation of any 

real property or any facility or for plant or facility acquisition, 

construction, or expansion, $1,673,275,000, to remain available until 

expended: Provided, That $50,000,000 of such funds shall be available until expended for the contribution of the United States to 

create a low-enriched uranium stockpile for an International 

Nuclear Fuel Bank supply of nuclear fuel for peaceful means under 

the International Atomic Energy Agency: Provided further, That 

$25,000,000 is authorized to be appropriated for Project 06–D– 

180 National Security Laboratory at the Pacific Northwest National 

Laboratory, Richland, Washington: Provided further, That of the 

funds made available under this heading in appropriation Acts 

for fiscal year 2007 and prior fiscal years for Project 99–D–143 

Mixed Oxide (MOX) Fuel Fabrication Facility, Savannah River Site, 

South Carolina, $115,000,000 are rescinded: Provided further, That 

of the funds made available under this heading in appropriation 

Acts for fiscal year 2007 and prior fiscal years for Russian Surplus 

Fissile Materials Disposition, $57,000,000 are rescinded: Provided 

further, That of the funds made available in the first paragraph 

under the heading ‘‘Atomic Energy Defense Activities—Other 

Defense Activities’’ in chapter 2 of title I of division B of Public 

Law 105–277 and subsequently transferred by the Department 

of Energy to the Defense Nuclear Nonproliferation program, 

$150,000,000 are rescinded. 

NAVAL REACTORS

For Department of Energy expenses necessary for naval reactors activities to carry out the Department of Energy Organization 

Act (42 U.S.C. 7101 et seq.), including the acquisition (by purchase, 

condemnation, construction, or otherwise) of real property, plant, 

and capital equipment, facilities, and facility expansion, 

$781,800,000, to remain available until expended. 

OFFICE OF THE ADMINISTRATOR

For necessary expenses of the Office of the Administrator in 

the National Nuclear Security Administration, including official 

reception and representation expenses not to exceed $12,000, 

$405,987,000, to remain available until expended. 


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ENVIRONMENTAL AND OTHER DEFENSE ACTIVITIES 

DEFENSE ENVIRONMENTAL CLEANUP

(INCLUDING TRANSFER OF FUNDS) 

For Department of Energy expenses, including the purchase, 

construction, and acquisition of plant and capital equipment and 

other expenses necessary for atomic energy defense environmental 

cleanup activities in carrying out the purposes of the Department 

of Energy Organization Act (42 U.S.C. 7101 et seq.), including 

the acquisition or condemnation of any real property or any facility 

or for plant or facility acquisition, construction, or expansion, and 

the purchase of not to exceed three passenger motor vehicles for 

replacement only, $5,398,573,000, to remain available until 

expended, of which $463,000,000 shall be transferred to and deposited in the ‘‘Uranium Enrichment Decontamination and Decommissioning Fund’’. 

OTHER DEFENSE ACTIVITIES

(INCLUDING TRANSFER OF FUNDS) 

For Department of Energy expenses, including the purchase, 

construction, and acquisition of plant and capital equipment and 

other expenses, necessary for atomic energy defense, other defense 

activities, and classified activities, in carrying out the purposes 

of the Department of Energy Organization Act (42 U.S.C. 7101 

et seq.), including the acquisition or condemnation of any real 

property or any facility or for plant or facility acquisition, construction, or expansion, and the purchase of not to exceed twelve passenger motor vehicles for replacement only, $761,290,000, to remain 

available until expended: Provided, That of the funds provided under this heading in Public Law 109–103, $4,900,000 are transferred to ‘‘Weapons Activities’’ for special nuclear material consolidation activities associated with safeguards and security. 

DEFENSE NUCLEAR WASTE DISPOSAL

For nuclear waste disposal activities to carry out the purposes 

of Public Law 97–425, as amended, including the acquisition of 

real property or facility construction or expansion, $201,000,000, 

to remain available until expended. 

POWER MARKETING ADMINISTRATIONS 

BONNEVILLE POWER ADMINISTRATION FUND

Expenditures from the Bonneville Power Administration Fund, 

established pursuant to Public Law 93–454, are approved for the 

Lower Granite Dam fish trap, the Kootenai River White Sturgeon 

Hatchery, the Nez Perce Tribal Hatchery, Redfish Lake Sockeye 

Captive Brood expansion, hatchery production facilities to supplement Chinook salmon below Chief Joseph Dam in Washington, 

Hood River Production Facility, Klickitat production expansion, 

Mid-Columbia Coho restoration, and Yakama Coho restoration, and 

in addition, for official reception and representation expenses in 

an amount not to exceed $1,500. During fiscal year 2008, no new 

direct loan obligations may be made. 


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OPERATION AND MAINTENANCE, SOUTHEASTERN POWER

ADMINISTRATION

For necessary expenses of operation and maintenance of power 

transmission facilities and of marketing electric power and energy, 

including transmission wheeling and ancillary services pursuant 

to section 5 of the Flood Control Act of 1944 (16 U.S.C. 825s), 

as applied to the southeastern power area, $6,463,000, to remain 

available until expended: Provided, That, notwithstanding the provisions of 31 U.S.C. 3302, beginning in fiscal year 2008 and thereafter, 

such funds as are received by the Southeastern Power Administration from any State, municipality, corporation, association, firm, 

district, or individual as advance payment for work that is associated with Southeastern’s Operations and Maintenance, consistent 

with that authorized in section 5 of the Flood Control Act of 1944, 

shall be credited to this account and be available until expended: 

Provided further, That, notwithstanding 31 U.S.C. 3302, up to 

$48,413,000 collected by the Southeastern Power Administration 

pursuant to the Flood Control Act of 1944 to recover purchase 

power and wheeling expenses shall be credited to this account 

as offsetting collections, to remain available until expended for 

the sole purpose of making purchase power and wheeling expenditures. 

OPERATION AND MAINTENANCE, SOUTHWESTERN POWER

ADMINISTRATION

For necessary expenses of operation and maintenance of power 

transmission facilities and of marketing electric power and energy, 

for construction and acquisition of transmission lines, substations 

and appurtenant facilities, and for administrative expenses, 

including official reception and representation expenses in an 

amount not to exceed $1,500 in carrying out section 5 of the Flood 

Control Act of 1944 (16 U.S.C. 825s), as applied to the Southwestern 

Power Administration, $30,442,000, to remain available until 

expended: Provided, That, notwithstanding 31 U.S.C. 3302, up to 

$35,000,000 collected by the Southwestern Power Administration 

pursuant to the Flood Control Act of 1944 to recover purchase 

power and wheeling expenses shall be credited to this account 

as offsetting collections, to remain available until expended for 

the sole purpose of making purchase power and wheeling expenditures. 

CONSTRUCTION, REHABILITATION, OPERATION AND MAINTENANCE, 

WESTERN AREA POWER ADMINISTRATION

For carrying out the functions authorized by title III, section 

302(a)(1)(E) of the Act of August 4, 1977 (42 U.S.C. 7152), and 

other related activities including conservation and renewable 

resources programs as authorized, including the operation, maintenance, and purchase through transfer, exchange, or sale of one 

helicopter for replacement only, and official reception and representation expenses in an amount not to exceed $1,500; $231,030,000, 

to remain available until expended, of which $221,094,000 shall 

be derived from the Department of the Interior Reclamation Fund: 

Provided, That of the amount herein appropriated, $7,167,000 is 

for deposit into the Utah Reclamation Mitigation and Conservation 

16 USC 825s–5. 


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Account pursuant to title IV of the Reclamation Projects Authorization and Adjustment Act of 1992: Provided further, That notwithstanding the provision of 31 U.S.C. 3302, up to $308,702,000 collected by the Western Area Power Administration pursuant to 

the Flood Control Act of 1944 and the Reclamation Project Act 

of 1939 to recover purchase power and wheeling expenses shall 

be credited to this account as offsetting collections, to remain available until expended for the sole purpose of making purchase power 

and wheeling expenditures. 

FALCON AND AMISTAD OPERATING AND MAINTENANCE FUND

For operation, maintenance, and emergency costs for the hydro- electric facilities at the Falcon and Amistad Dams, $2,500,000, 

to remain available until expended, and to be derived from the 

Falcon and Amistad Operating and Maintenance Fund of the 

Western Area Power Administration, as provided in section 423 

of the Foreign Relations Authorization Act, Fiscal Years 1994 and 

1995. 

FEDERAL ENERGY REGULATORY COMMISSION

SALARIES AND EXPENSES

For necessary expenses of the Federal Energy Regulatory 

Commission to carry out the provisions of the Department of Energy 

Organization Act (42 U.S.C. 7101 et seq.), including services as 

authorized by 5 U.S.C. 3109, the hire of passenger motor vehicles, 

and official reception and representation expenses not to exceed 

$3,000, $260,425,000, to remain available until expended: Provided, 

That notwithstanding any other provision of law, not to exceed 

$260,425,000 of revenues from fees and annual charges, and other 

services and collections in fiscal year 2008 shall be retained and 

used for necessary expenses in this account, and shall remain 

available until expended: Provided further, That the sum herein 

appropriated from the general fund shall be reduced as revenues 

are received during fiscal year 2008 so as to result in a final 

fiscal year 2008 appropriation from the general fund estimated 

at not more than $0. 

GENERAL PROVISIONS, DEPARTMENT OF ENERGY 

SEC. 301. CONTRACT COMPETITION. (a) None of the funds in 

this or any other appropriations Act for fiscal year 2008 or any 

previous fiscal year may be used to make payments for a noncompetitive management and operating contract, or a contract for 

environmental remediation or waste management in excess of 

$100,000,000 in annual funding at a current or former management 

and operating contract site or facility, or award a significant extension or expansion to an existing management and operating contract, or other contract covered by this section, unless such contract 

is awarded using competitive procedures or the Secretary of Energy 

grants, on a case-by-case basis, a waiver to allow for such a deviation. The Secretary may not delegate the authority to grant such 

a waiver. 

(b) The term ‘‘competitive procedures’’ has the meaning provided in section 4 of the Office of Federal Procurement Policy 

Act (41 U.S.C. 403) and includes procedures described in section 

42 USC 7171 

note. 


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303 of the Federal Property and Administrative Services Act of 

1949 (41 U.S.C. 253) other than a procedure that solicits a proposal 

from only one source. 

(c) Within 30 days of formally notifying an incumbent contractor 

that the Secretary intends to grant such a waiver, the Secretary 

shall submit to the Subcommittees on Energy and Water Development of the Committees on Appropriations of the House of Representatives and the Senate a report notifying the Subcommittees 

of the waiver and setting forth, in specificity, the substantive reasons why the Secretary believes the requirement for competition 

should be waived for this particular award. 

SEC. 302. UNFUNDED REQUESTS FOR PROPOSALS. None of the 

funds appropriated by this Act may be used to prepare or initiate 

Requests For Proposals (RFPs) for a program if the program has 

not been funded by Congress. 

SEC. 303. WORKFORCE RESTRUCTURING. None of the funds 

appropriated by this Act may be used to— 

(1) develop or implement a workforce restructuring plan 

that covers employees of the Department of Energy; or 

(2) provide enhanced severance payments or other benefits 

for employees of the Department of Energy, under section 3161 

of the National Defense Authorization Act for Fiscal Year 1993 

(Public Law 102–484; 42 U.S.C. 7274h). 

SEC. 304. SECTION 3161 ASSISTANCE. None of the funds appropriated by this Act may be used to augment the funds made 

available for obligation by this Act for severance payments and 

other benefits and community assistance grants under section 3161 

of the National Defense Authorization Act for Fiscal Year 1993 

(Public Law 102–484; 42 U.S.C. 7274h) unless the Department 

of Energy submits a reprogramming request to the appropriate 

congressional committees. 

SEC. 305. UNEXPENDED BALANCES. The unexpended balances 

of prior appropriations provided for activities in this Act may be 

available to the same appropriation accounts for such activities 

established pursuant to this title. Available balances may be merged 

with funds in the applicable established accounts and thereafter 

may be accounted for as one fund for the same time period as 

originally enacted. 

SEC. 306. BONNEVILLE POWER AUTHORITY SERVICE TERRITORY. 

None of the funds in this or any other Act for the Administrator 

of the Bonneville Power Administration may be used to enter into 

any agreement to perform energy efficiency services outside the 

legally defined Bonneville service territory, with the exception of 

services provided internationally, including services provided on 

a reimbursable basis, unless the Administrator certifies in advance 

that such services are not available from private sector businesses. 

SEC. 307. USER FACILITIES. When the Department of Energy 

makes a user facility available to universities or other potential 

users, or seeks input from universities or other potential users 

regarding significant characteristics or equipment in a user facility 

or a proposed user facility, the Department shall ensure broad 

public notice of such availability or such need for input to universities and other potential users. When the Department of Energy 

considers the participation of a university or other potential user 

as a formal partner in the establishment or operation of a user 

facility, the Department shall employ full and open competition 

in selecting such a partner. For purposes of this section, the term 

Deadline. 

Reports. 


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‘‘user facility’’ includes, but is not limited to: (1) a user facility 

as described in section 2203(a)(2) of the Energy Policy Act of 1992 

(42 U.S.C. 13503(a)(2)); (2) a National Nuclear Security Administration Defense Programs Technology Deployment Center/User 

Facility; and (3) any other Departmental facility designated by 

the Department as a user facility. 

SEC. 308. INTELLIGENCE ACTIVITIES. Funds appropriated by 

this or any other Act, or made available by the transfer of funds 

in this Act, for intelligence 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 

2008 until the enactment of the Intelligence Authorization Act 

for fiscal year 2008. 

SEC. 309. LABORATORY DIRECTED RESEARCH AND DEVELOPMENT. Of the funds made available by the Department of Energy for 

activities at government-owned, contractor-operator operated laboratories funded in this Act or subsequent Energy and Water 

Development Appropriations Acts, the Secretary may authorize a 

specific amount, not to exceed 8 percent of such funds, to be used 

by such laboratories for laboratory-directed research and development: Provided, That the Secretary may also authorize a specific 

amount not to exceed 4 percent of such funds, to be used by 

the plant manager of a covered nuclear weapons production plant 

or the manager of the Nevada Site Office for plant or site-directed 

research and development: Provided further, That notwithstanding 

Department of Energy order 413.2A, dated January 8, 2001, beginning in fiscal year 2006 and thereafter, all DOE laboratories may 

be eligible for laboratory directed research and development 

funding. 

SEC. 310. YIELD RATE. For fiscal year 2008, except as otherwise 

provided by law in effect as of the date of this Act or unless 

a rate is specifically set by an Act of Congress thereafter, the 

Administrators of the Southeastern Power Administration, the 

Southwestern Power Administration, and the Western Area Power 

Administration, shall use the ‘‘yield’’ rate in computing interest 

during construction and interest on the unpaid balance of the 

costs of Federal power facilities. The yield rate shall be defined 

as the average yield during the preceding fiscal year on interestbearing marketable securities of the United States which, at the 

time the computation is made, have terms of 15 years or more 

remaining to maturity. 

SEC. 311. USE PERMIT. The Use Permit granted to the contractor for activities conducted at the Pacific Northwest National 

Laboratory by Agreement DE–GM05–00RL01831 between the 

Department of Energy and the contractor shall continue in effect 

during the term of the existing Operating Contract and the extensions or renewals thereof and shall be incorporated into any future 

management and operating contract for the Pacific Northwest 

National Laboratory and such Use Permit may not be waived, 

modified or terminated unless agreed to by both contractor and 

the Department of Energy. 

SEC. 312. (a) ACROSS-THE-BOARD RESCISSIONS.—There is hereby 

rescinded— 

(1) from discretionary accounts in this title that contain 

congressionally directed projects, an amount equal to 1.6 percent of the budget authority provided for fiscal year 2008 for 

such projects; and 

50 USC 2791a. 


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(2) from all discretionary accounts in this title, an amount 

equal to 0.91 percent of the other budget authority provided 

for fiscal year 2008. 

(b) DEFINITIONS.—For purposes of this section: 

(1) The term ‘‘congressionally directed project’’ means a 

congressional earmark or congressionally directed spending 

item specified in the list of such earmarks and items for this 

division that is included in the explanatory statement described 

in section 4 (in the matter preceding division A of this consolidated Act). 

(2) The term ‘‘other budget authority’’ means an amount 

equal to all discretionary budget authority, less the amount 

provided for congressionally directed projects. 

(c) PROPORTIONATE APPLICATION TO OTHER PROGRAMS, 

PROJECTS, AND ACTIVITIES.—Any rescission made by subsection 

(a)(2) shall be applied proportionately— 

(1) to each discretionary account; and 

(2) within each such account, to each program, project, 

and activity (with programs, projects, and activities as delineated in the appropriation Act or accompanying reports for 

the relevant fiscal year covering such account). 

(d) REPORT.—Within 30 days after the date of the enactment 

of this section, the Director of the Secretary of Energy shall submit 

to the Committees on Appropriations of the House of Representatives and the Senate a report specifying the account and amount 

of each rescission made pursuant to this section. 

TITLE IV 

INDEPENDENT AGENCIES 

APPALACHIAN REGIONAL COMMISSION

For expenses necessary to carry out the programs authorized 

by the Appalachian Regional Development Act of 1965, as amended, 

not withstanding 40 U.S.C. 14704, and, for necessary expenses 

for the Federal Co-Chairman and the alternate on the Appalachian 

Regional Commission, for payment of the Federal share of the 

administrative expenses of the Commission, including services as 

authorized by 5 U.S.C. 3109, and hire of passenger motor vehicles, 

$73,032,000, to remain available until expended: Provided, That 

any congressionally directed spending shall be taken from within 

that State’s allocation in the fiscal year in which it is provided. 

DEFENSE NUCLEAR FACILITIES SAFETY BOARD

SALARIES AND EXPENSES

For necessary expenses of the Defense Nuclear Facilities Safety 

Board in carrying out activities authorized by the Atomic Energy 

Act of 1954, as amended by Public Law 100–456, section 1441, 

$21,909,000, to remain available until expended. 


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DELTA REGIONAL AUTHORITY

SALARIES AND EXPENSES

For necessary expenses of the Delta Regional Authority and 

to carry out its activities, as authorized by the Delta Regional 

Authority Act of 2000, as amended, notwithstanding sections 

382C(b)(2), 382F(d), 382M, and 382N of said Act, $11,685,000, to 

remain available until expended. 

DENALI COMMISSION

For expenses of the Denali Commission including the purchase, 

construction, and acquisition of plant and capital equipment as 

necessary and other expenses, $21,800,000, to remain available 

until expended, notwithstanding the limitations contained in section 

306(g) of the Denali Commission Act of 1998. 

NUCLEAR REGULATORY COMMISSION

SALARIES AND EXPENSES

For necessary expenses of the Commission in carrying out 

the purposes of the Energy Reorganization Act of 1974 and the 

Atomic Energy Act of 1954, including official representation 

expenses (not to exceed $25,000), $917,334,000, to remain available 

until expended: Provided, That of the amount appropriated herein, $29,025,000 shall be derived from the Nuclear Waste Fund: Provided further, That revenues from licensing fees, inspection services, and other services and collections estimated at $771,220,000 in 

fiscal year 2008 shall be retained and used for necessary salaries 

and expenses in this account, notwithstanding 31 U.S.C. 3302, 

and shall remain available until expended: Provided further, That 

the sum herein appropriated shall be reduced by the amount of 

revenues received during fiscal year 2008 so as to result in a 

final fiscal year 2008 appropriation estimated at not more than 

$146,114,000: Provided further, That such funds as are made available for necessary expenses of the Commission by this Act or 

any other Act may be used for lease payments for additional office 

space provided by the General Services Administration for personnel 

of the U.S. Nuclear Regulatory Commission as close as reasonably 

possible to the Commission’s headquarters location in Rockville, 

Maryland, and of such square footage and for such lease term, 

as are determined by the Commission to be necessary to maintain 

the agency’s regulatory effectiveness, efficiency, and emergency 

response capability: Provided further, That notwithstanding any 

other provision of law or any prevailing practice, the rental square 

foot rate paid for the lease of space for such purpose shall, to 

the extent necessary to obtain the space, be based on the prevailing 

lease rates in the immediate vicinity of the Commission’s headquarters. 

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, $8,744,000, to remain available until expended: Provided, That revenues from licensing fees, inspection services, and 

other services and collections estimated at $7,870,000 in fiscal 


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year 2008 shall be retained and be available until expended, for 

necessary salaries and expenses in this account, notwithstanding 

31 U.S.C. 3302: Provided further, That the sum herein appropriated 

shall be reduced by the amount of revenues received during fiscal 

year 2008 so as to result in a final fiscal year 2008 appropriation 

estimated at not more than $874,000. 

NUCLEAR WASTE TECHNICAL REVIEW BOARD

SALARIES AND EXPENSES

For necessary expenses of the Nuclear Waste Technical Review 

Board, as authorized by Public Law 100–203, section 5051, 

$3,621,000, to be derived from the Nuclear Waste Fund, and to 

remain available until expended. 

OFFICE OF THE FEDERAL COORDINATOR FOR ALASKA NATURAL GAS

TRANSPORTATION PROJECTS

For necessary expenses for the Office of the Federal Coordinator 

for Alaska Natural Gas Transportation Projects pursuant to the 

Alaska Natural Gas Pipeline Act of 2004, $2,261,000. 

GENERAL PROVISION, INDEPENDENT AGENCIES

SEC. 401. Section 2(f)(2) of the Tennessee Valley Authority 

Act of 1933 (16 U.S.C. 831a(f)(2)) is amended by striking the phrase 

‘‘stipend under paragraph (1)(A)(i)’’ and inserting in lieu thereof 

‘‘stipends under paragraph (1)(A)’’. 

TITLE V 

GENERAL PROVISIONS 

SEC. 501. None of the funds appropriated by this Act may 

be used in any way, directly or indirectly, to influence congressional 

action on any legislation or appropriation matters pending before 

Congress, other than to communicate to Members of Congress as 

described in 18 U.S.C. 1913. 

SEC. 502. 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 appropriation Act. 

This division may be cited as the ‘‘Energy and Water Development and Related Agencies Appropriations Act, 2008’’. 

Lobbying. 


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DIVISION D—FINANCIAL SERVICES AND GENERAL 

GOVERNMENT APPROPRIATIONS ACT, 2008 

TITLE I 

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, $248,360,000, of which not 

to exceed $10,840,000 is for executive direction program activities; 

not to exceed $9,909,000 is for general counsel program activities; 

not to exceed $44,242,000 is for economic policies and programs 

activities; not to exceed $29,464,000 is for financial policies and 

programs activities; not to exceed $56,775,000 is for terrorism and 

financial intelligence activities; not to exceed $18,505,000 is for 

Treasury-wide management policies and programs activities; and 

not to exceed $78,625,000 is for administration programs activities: 

Provided, That the Secretary of the Treasury is authorized to 

transfer funds appropriated for any program activity of the Departmental Offices to any other program activity of the Departmental 

Offices upon notification to the House and Senate Committees on 

Appropriations: Provided further, That no appropriation for any 

program activity shall be increased or decreased by more than 

2 percent by all such transfers: Provided further, That any change 

in funding greater than 2 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, 2009, 

is for information technology modernization requirements; not to 

exceed $150,000 is for official reception and representation 

expenses; and not to exceed $258,000 is 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, 2009, 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: Provided further, That of the amount appropriated under this heading, $3,000,000, to remain available until 

September 30, 2009, is for secure space requirements: Provided 

further, That of the amount appropriated under this heading, 

$2,300,000, to remain available until September 30, 2009, is for 

salary and benefits for hiring of personnel whose work will require 

completion of a security clearance investigation in order to perform 

highly classified work to further the activities of the Office of 

Department of 

the Treasury 

Appropriations 

Act, 2008. 

Financial 

Services and 

General 

Government 

Appropriations 

Act, 2008. 


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Terrorism and Financial Intelligence: Provided further, That of 

the amount appropriated under this heading, $2,100,000, to remain 

available until September 30, 2010, is to develop and implement 

programs within the Office of Critical Infrastructure Protection 

and Compliance Policy, including entering into cooperative agreements. 

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, $18,710,000, to remain available until September 30, 

2010: Provided, That these funds shall be transferred to accounts 

and in amounts as necessary to satisfy the requirements of the 

Department’s offices, bureaus, and other organizations: Provided 

further, That this transfer authority shall be in addition to any 

other transfer authority provided in this Act: Provided further, 

That none of the funds appropriated under this heading shall be 

used to support or supplement ‘‘Internal Revenue Service, Operations Support’’ or ‘‘Internal Revenue Service, Business Systems 

Modernization’’. 

OFFICE OF INSPECTOR GENERAL

SALARIES AND EXPENSES

For necessary expenses of the Office of Inspector General in 

carrying out the provisions of the Inspector General Act of 1978, 

not to exceed $2,000,000 for official travel expenses, including hire 

of passenger motor vehicles; and not to exceed $100,000 for unforeseen emergencies of a confidential nature, to be allocated and 

expended under the direction of the Inspector General of the 

Treasury, $18,450,000, of which not to exceed $2,500 shall be available for official reception and representation expenses. 

TREASURY INSPECTOR GENERAL FOR TAX ADMINISTRATION

SALARIES AND EXPENSES

For necessary expenses of the Treasury Inspector General for 

Tax Administration in carrying out the Inspector General Act of 

1978, including purchase (not to exceed 150 for replacement only 

for police-type use) and hire of passenger motor vehicles (31 U.S.C. 

1343(b)); services authorized by 5 U.S.C. 3109, at such rates as 

may be determined by the Inspector General for Tax Administration; $140,533,000, of which not to exceed $6,000,000 shall be available for official travel expenses; of which not to exceed $500,000 

shall be available for unforeseen emergencies of a confidential 

nature, to be allocated and expended under the direction of the 

Inspector General for Tax Administration; and of which not to 

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AIR TRANSPORTATION STABILIZATION PROGRAM ACCOUNT

(INCLUDING RESCISSION) 

Sections 101(a)(1), 102, 104, and 107(2) of the Air Transportation Safety and System Stabilization Act (title I, Public Law 

107–42) are hereby repealed. All unobligated balances under this 

heading are rescinded. 

FINANCIAL CRIMES ENFORCEMENT NETWORK

SALARIES AND EXPENSES

For necessary expenses of the Financial Crimes Enforcement 

Network, including hire of passenger motor vehicles; travel and 

training expenses of non-Federal and foreign government personnel 

to attend meetings and training concerned with domestic and foreign financial intelligence activities, law enforcement, and financial 

regulation; not to exceed $14,000 for official reception and representation expenses; and for assistance to Federal law enforcement 

agencies, with or without reimbursement, $85,844,000, of which 

not to exceed $16,340,000 shall remain available until September 

30, 2010; and of which $8,955,000 shall remain available until 

September 30, 2009: 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, 

$234,423,000, of which not to exceed $9,220,000 shall remain available until September 30, 2010, 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, $93,515,000; of which not to exceed $6,000 for official 

reception and representation expenses; not to exceed $50,000 for 

cooperative research and development programs for laboratory services; and provision of laboratory assistance to State and local agencies with or without reimbursement. 

UNITED STATES MINT

UNITED STATES MINT PUBLIC ENTERPRISE FUND

Pursuant to section 5136 of title 31, United States Code, the 

United States Mint is provided funding through the United States 

Mint Public Enterprise Fund for costs associated with the production of circulating coins, numismatic coins, and protective services, 

including both operating expenses and capital investments. The 

aggregate amount of new liabilities and obligations incurred during 

fiscal year 2008 under such section 5136 for circulating coinage 

49 USC 40101 

note; 115 Stat. 

234. 


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and protective service capital investments of the United States 

Mint shall not exceed $33,200,000. 

BUREAU OF THE PUBLIC DEBT

ADMINISTERING THE PUBLIC DEBT

For necessary expenses connected with any public-debt issues of the United States, $182,871,000, of which not to exceed $2,500 

shall be available for official reception and representation expenses, 

and of which not to exceed $2,000,000 shall remain available until 

September 30, 2010, for systems modernization: Provided, That 

the sum appropriated herein from the general fund for fiscal year 

2008 shall be reduced by not more than $10,000,000 as definitive 

security issue fees and Legacy Treasury Direct Investor Account 

Maintenance fees are collected, so as to result in a final fiscal 

year 2008 appropriation from the general fund estimated at 

$172,871,000. In addition, $70,000 to be derived from the Oil Spill 

Liability Trust Fund to reimburse the Bureau for administrative 

and personnel expenses for financial management of the Fund, 

as authorized by section 1012 of Public Law 101–380. 

COMMUNITY DEVELOPMENT FINANCIAL INSTITUTIONS FUND

PROGRAM ACCOUNT

To carry out the Community Development Banking and Financial Institutions Act of 1994 (Public Law 103–325), including services authorized by 5 U.S.C. 3109, but at rates for individuals not 

to exceed the per diem rate equivalent to the rate for ES–3, 

$94,000,000, to remain available until September 30, 2009, of which 

$8,000,000 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 $13,500,000 may be used for administrative 

expenses, including administration of the New Markets Tax Credit, 

up to $7,500,000 may be used for the cost of direct loans, and 

up to $250,000 may be used for administrative expenses to carry 

out the direct loan program: Provided, That the cost of direct 

loans, including the cost of modifying such loans, shall be as defined 

in section 502 of the Congressional Budget Act of 1974: Provided 

further, That these funds are available to subsidize gross obligations 

for the principal amount of direct loans not to exceed $16,000,000. 

INTERNAL REVENUE SERVICE

TAXPAYER SERVICES

For necessary expenses of the Internal Revenue Service to 

provide taxpayer services, including pre-filing assistance and education, filing and account services, taxpayer advocacy services, and 

other services as authorized by 5 U.S.C. 3109, at such rates as 

may be determined by the Commissioner, $2,150,000,000, of which 

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Elderly Program, of which not less than $9,000,000 shall be available for low-income taxpayer clinic grants, of which not less than 

$8,000,000, to remain available until September 30, 2009, shall 

be available to establish and administer a Community Volunteer 

Income Tax Assistance matching grants demonstration program 

for tax return preparation assistance, and of which not less than 

$177,000,000 shall be available for operating expenses of the Taxpayer Advocate Service. 

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, $4,780,000,000, 

of which not less than $57,252,000 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; 

$3,680,059,000, 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, 2010, for research; of which not less than $2,000,000 shall 

be for the Internal Revenue Service Oversight Board; and of which 

not to exceed $25,000 shall be for official reception and representation. 

BUSINESS SYSTEMS MODERNIZATION

For necessary expenses of the Internal Revenue Service’s business systems modernization program, $267,090,000, to remain available until September 30, 2010, for the capital asset acquisition 

of information technology systems, including management and 

related contractual costs of said acquisitions, including related 

Internal Revenue Service labor costs, and contractual costs associated with operations authorized by 5 U.S.C. 3109: Provided, That, 

with the exception of labor costs, none of these funds may be 

Expenditure 

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obligated until the Internal Revenue Service submits to the Committees on Appropriations, and such Committees approve, a plan for 

expenditure that: (1) meets the capital planning and investment 

control review requirements established by the Office of Management and Budget, including Circular A–11; (2) complies with the 

Internal Revenue Service’s enterprise architecture, including the 

modernization blueprint; (3) conforms with the Internal Revenue 

Service’s enterprise life cycle methodology; (4) is approved by the 

Internal Revenue Service, the Department of the Treasury, and 

the Office of Management and Budget; (5) has been reviewed by 

the Government Accountability Office; and (6) complies with the 

acquisition rules, requirements, guidelines, and systems acquisition 

management practices of the Federal Government. 

HEALTH INSURANCE TAX CREDIT ADMINISTRATION

For expenses necessary to implement the health insurance 

tax credit included in the Trade Act of 2002 (Public Law 107– 

210), $15,235,000. 

ADMINISTRATIVE PROVISIONS—INTERNAL REVENUE SERVICE

(INCLUDING TRANSFER OF FUNDS) 

SEC. 101. 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. 102. 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. 103. The Internal Revenue Service shall institute and 

enforce policies and procedures that will safeguard the confidentiality of taxpayer information. 

SEC. 104. Funds made available by this or any other Act to 

the Internal Revenue Service shall be available for improved facilities and increased staffing 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. 105. Section 9503(a) of title 5, United States Code, is 

amended by striking ‘‘for a period of 10 years after the date of 

enactment of this section’’ and inserting ‘‘before July 23, 2013’’. 

SEC. 106. Sections 9504(a) and (b), and 9505(a) of title 5, 

United States Code, are amended by striking ‘‘For a period of 

10 years after the date of enactment of this section’’ each place 

it occurs and inserting ‘‘Before July 23, 2013’’. 

SEC. 107. Section 9502(a) of title 5, United States Code, is 

amended by striking ‘‘Office of Management and Budget’’ and 

inserting ‘‘Office of Personnel Management’’. 

SEC. 108. Of the funds made available by this Act for the Internal Revenue Service, not less than $7,350,000 shall be available for increasing above fiscal year 2007 levels the number of 

Confidentiality. 


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full-time equivalent positions and related support activities performing Automated Collection System functions. 

ADMINISTRATIVE PROVISIONS—DEPARTMENT OF THE TREASURY

(INCLUDING TRANSFERS OF FUNDS) 

SEC. 109. 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. 110. 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. 111. 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. 112. 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. 113. 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. 114. 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. 115. Section 122(g)(1) of Public Law 105–119 (5 U.S.C. 

3104 note), is further amended by striking ‘‘8 years’’ and inserting 

‘‘10 years’’. 

SEC. 116. 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. 


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SEC. 117. 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. 118. 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 2008 until the enactment of the Intelligence Authorization Act for Fiscal Year 2008. 

SEC. 119. Section 3333(a) of title 31, United States Code, is 

amended by deleting paragraph (3) and inserting in lieu thereof 

the following: 

‘‘(3) The amount of the relief and the amount of any relief 

granted to an official or agent of the Department of the Treasury 

under 31 U.S.C. 3527, shall be charged to the Check Forgery 

Insurance Fund (31 U.S.C. 3343). A recovery or repayment of a 

loss for which replacement is made out of the fund shall be credited 

to the fund and is available for the purposes for which the fund 

was established.’’. 

This title may be cited as the ‘‘Department of the Treasury 

Appropriations Act, 2008’’. 

TITLE II 

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; $51,656,000. 

Executive Office 

of the President 

Appropriations 

Act, 2008. 


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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, $12,814,000, 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 

Records. 

Deadline. 

Reports. 

Deadline. 

Notice. 

Deadlines. 


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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 et seq.), $4,118,000. 

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, $3,482,000. 

NATIONAL SECURITY COUNCIL

SALARIES AND EXPENSES

For necessary expenses of the National Security Council, 

including services as authorized by 5 U.S.C. 3109, $8,640,000. 

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 the Intelligence 

Reform and Terrorism Prevention Act of 2004 (5 U.S.C. 601 note), 

$2,000,000. 

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, $91,745,000, of which 

$11,923,000 shall remain available until expended 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 


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of chapter 35 of title 44, United States Code, $78,000,000, 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 explanatory statement 

described in section 4 (in the matter preceding division A of this 

consolidated Act) 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 appropriating 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 

after the end of the Office of Management and Budget review 

period based on the notification from the Director, Congress shall 

assume Office of Management and Budget 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 (ONDCP); for research activities pursuant to the Office of 

National Drug Control Policy Reauthorization Act of 2006 (Public 

Law 109–469); not to exceed $10,000 for official reception and 

representation expenses; and for participation in joint projects or 

in the provision of services on matters of mutual interest with 

nonprofit, research, or public organizations or agencies, with or 

without reimbursement, $26,402,000; of which $250,000 shall 

remain available until expended for policy research and evaluation: 

Provided, That of the funds provided under this heading, $1,250,000 

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 ONDCP shall 

Deadline. 

Contracts. 

Reports. 

Deadline. 

Notification. 

Deadline. 

Policy reviews. 


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PUBLIC LAW 110–161—DEC. 26, 2007 121 STAT. 1983 

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 2006 (Public 

Law 109–469), $1,000,000, which shall remain available until 

expended for counternarcotics research and development projects: 

Provided, That such amount shall be available for transfer to other 

Federal departments or agencies: Provided further, That the Office 

of National Drug Control Policy shall submit for approval by the 

Committees on Appropriations of the House of Representatives and 

the Senate, a spending plan for the use of these funds no later 

than 90 days after enactment of this Act. 

FEDERAL DRUG CONTROL PROGRAMS

HIGH INTENSITY DRUG TRAFFICKING AREAS PROGRAM

(INCLUDING TRANSFERS OF FUNDS) 

For necessary expenses of the Office of National Drug Control 

Policy’s High Intensity Drug Trafficking Areas Program, 

$230,000,000, to remain available until September 30, 2009, 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 $2,100,000 shall be used for auditing services 

and associated activities, and up to $400,000 which shall be for 

the final year of development and implementation of 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, 2007, shall be funded at no less than the fiscal year 2007 

initial allocation levels unless the Director submits to the Committees on Appropriations of the House of Representatives and the 

Senate, 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 2007 budget request: 

Provided further, That the Office of National Drug Control Policy 

(ONDCP) shall submit recommendations for approval to the 

Committees on Appropriations for both the initial High-Intensity 

Recommendations. 

Deadlines. 

Budget request. 

Funding 

justification. 

Deadline. 

Spending plan. 

Deadline. 


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Drug Trafficking Area (HIDTA) allocation funding within 90 days 

after the enactment of this Act and the discretionary HIDTA 

funding, according to the framework proposed jointly by the HIDTA 

Directors and ONDCP, within 120 days after the enactment of 

this Act: Provided further, That within the discretionary funding 

amount, plans for use of such funds shall be subject to committee 

approval: Provided further, That at least $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 2006 (Public Law 109– 

469), $164,300,000, to remain available until expended, of which 

the amounts are available as follows: $60,000,000 to support a 

national media campaign: Provided, That the Office of National 

Drug Control Policy shall maintain funding for non-advertising 

services for the media campaign at no less than the fiscal year 

2003 ratio of service funding to total funds and shall continue 

the corporate outreach program as it operated prior to its cancellation; $90,000,000 to continue a program of matching grants to 

drug-free communities, of which $2,000,000 shall be made available 

as directed by section 4 of Public Law 107–82, as amended by 

Public Law 109–469 (21 U.S.C. 1521 note); $500,000 for demonstration programs as authorized by section 1119 of Public Law 109– 

469; $1,000,000 for the National Drug Court Institute; $9,600,000 

for the United States Anti-Doping Agency for anti-doping activities; 

$1,700,000 for the United States membership dues to the World 

Anti-Doping Agency; $1,250,000 for the National Alliance for Model 

State Drug Laws; and $250,000 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, 


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which shall be expended and accounted for as provided in that 

section; and hire of passenger motor vehicles, $4,432,000. 

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, $320,000: 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. 201. 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. 202. The President shall submit to the Committees on 

Appropriations not later than 30 days after the date of the enactment of this Act, 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 

by program, project, and activity, 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. 

Reports. 

Deadlines. 

Deadline. 

Financial plan. 

Notification. 


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SEC. 203. Not to exceed 2 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. 204. 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. 

This title may be cited as the ‘‘Executive Office of the President 

Appropriations Act, 2008’’. 

TITLE III 

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, $66,526,000, 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), $12,201,000, 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, $27,072,000. 

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, $16,632,000. 

Judiciary 

Appropriations 

Act, 2008. 


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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, $4,604,762,000 

(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 

$4,099,000, to be appropriated from the Vaccine Injury Compensation Trust Fund. 

In addition, $14,500,000 shall be available to address critically 

understaffed workload associated with increased immigration 

enforcement: Provided, That this amount is designated as described 

in section 5 (in the matter preceding division A of this consolidated 

Act). 

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 (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, $835,601,000, to remain available until expended. 

In addition, $10,500,000 shall be available for the reimbursement of expenses of attorneys appointed to represent persons under 

the Criminal Justice Act of 1964 as a result of increased immigration enforcement: Provided, That this amount is designated as 

described in section 5 (in the matter preceding division A of this 

consolidated Act). 

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 


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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)), 

$63,081,000, 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), $410,000,000, of which not 

to exceed $15,000,000 shall remain available until expended, to 

be expended directly or transferred to the United States Marshals 

Service, which shall be responsible for administering the Judicial 

Facility Security Program consistent with standards or guidelines 

agreed to by the Director of the Administrative Office of the United 

States Courts and the Attorney General. 

ADMINISTRATIVE OFFICE OF THE UNITED STATES COURTS

SALARIES AND EXPENSES

For necessary expenses of the Administrative Office of the 

United States Courts as authorized by law, including travel as 

authorized by 31 U.S.C. 1345, hire of a passenger motor vehicle 

as authorized by 31 U.S.C. 1343(b), advertising and rent in the 

District of Columbia and elsewhere, $76,036,000, of which not to 

exceed $8,500 is authorized for official reception and representation 

expenses. 

FEDERAL JUDICIAL CENTER

SALARIES AND EXPENSES

For necessary expenses of the Federal Judicial Center, as 

authorized by Public Law 90–219, $24,187,000; of which $1,800,000 

shall remain available through September 30, 2009, 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. 


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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), $59,400,000; to the Judicial Survivors’ Annuities Fund, as authorized by 28 U.S.C. 376(c), 

$2,300,000; and to the United States Court of Federal Claims 

Judges’ Retirement Fund, as authorized by 28 U.S.C. 178(l), 

$3,700,000. 

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, $15,477,000, 

of which not to exceed $1,000 is authorized for official reception 

and representation expenses. 

ADMINISTRATIVE PROVISIONS—THE JUDICIARY

(INCLUDING TRANSFER OF FUNDS) 

SEC. 301. 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. 302. 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 

605 and 610 of this Act and shall not be available for obligation 

or expenditure except in compliance with the procedures set forth 

in that section. 

SEC. 303. 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. 304. Within 90 days after the date of the 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. 305. 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 2008, to receive 

a salary adjustment in accordance with 28 U.S.C. 461. 

28 USC 461 note. 

Deadline. 

Financial plan. 


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SEC. 306. Section 3313(a) of title 40, United States Code, shall 

be applied by substituting ‘‘executive’’ for ‘‘federal’’ each place it 

appears. 

SEC. 307. In accordance with 28 U.S.C. 561–569, and notwithstanding any other provision of law, the United States Marshals 

Service shall provide, for such courthouses as its Director may 

designate in consultation with the Director of the Administrative 

Office of the United States Courts, for purposes of a pilot program, 

the security services that 40 U.S.C. 1315 authorizes the Department 

of Homeland Security to provide, except for the services specified 

in 40 U.S.C. 1315(b)(2)(E). For building-specific security services 

at these courthouses, the Director of the Administrative Office 

of the United States Courts shall reimburse the United States 

Marshals Service rather than the Department of Homeland Security. 

SEC. 308. Section 128(b) of title 28, United States Code, is 

amended by striking ‘‘Bellingham, Seattle, and Tacoma’’ and 

inserting ‘‘Bellingham, Seattle, Tacoma, and Vancouver’’. 

SEC. 309. Section 203(c) of the Judicial Improvements Act of 

1990 (Public Law 101–650; 28 U.S.C. 133 note), is amended— 

(1) in the third sentence (relating to the District of Kansas), 

by striking ‘‘16 years’’ and inserting ‘‘17 years’’; 

(2) in the sixth sentence (relating to the Northern District 

of Ohio), by striking ‘‘15 years’’ and inserting ‘‘17 years’’. 

This title may be cited as the ‘‘Judiciary Appropriations Act, 

2008’’. 

TITLE IV 

DISTRICT OF COLUMBIA 

FEDERAL FUNDS

FEDERAL PAYMENT FOR RESIDENT TUITION SUPPORT

For a Federal payment to the District of Columbia, to be 

deposited into a dedicated account, for a nationwide program to 

be administered by the Mayor, for District of Columbia resident 

tuition support, $33,000,000, to remain available until expended: 

Provided, That such funds, including any interest accrued thereon, 

may be used on behalf of eligible District of Columbia residents 

to pay an amount based upon the difference between in-State and 

out-of-State tuition at public institutions of higher education, or 

to pay up to $2,500 each year at eligible private institutions of 

higher education: Provided further, That the awarding of such funds 

may be prioritized on the basis of a resident’s academic merit, 

the income and need of eligible students and such other factors 

as may be authorized: Provided further, That the District of 

Columbia government shall maintain a dedicated account for the 

Resident Tuition Support Program that shall consist of the Federal 

funds appropriated to the Program in this Act and any subsequent 

appropriations, any unobligated balances from prior fiscal years, 

and any interest earned in this or any fiscal year: Provided further, 

That the account shall be under the control of the District of 

Columbia Chief Financial Officer, who shall use those funds solely 

for the purposes of carrying out the Resident Tuition Support Program: Provided further, That the Office of the Chief Financial 

Officer shall provide a quarterly financial report to the Committees 

Reports. 

Accounts. 

District of 

Columbia 

Appropriations 

Act, 2008. 

Applicability. 


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on Appropriations of the House of Representatives and Senate 

for these funds showing, by object class, the expenditures made 

and the purpose therefor. 

FEDERAL PAYMENT FOR EMERGENCY PLANNING AND SECURITY COSTS

IN THE DISTRICT OF COLUMBIA

For necessary expenses, as determined by the Mayor of the 

District of Columbia in written consultation with the elected county 

or city officials of surrounding jurisdictions, $3,352,000, to remain 

available until expended; of which $3,000,000 is to reimburse the 

District of Columbia for the costs of providing public safety at 

events related to the presence of the national capital in the District 

of Columbia and for the costs of providing support to respond 

to immediate and specific terrorist threats or attacks in the District 

of Columbia or surrounding jurisdictions; and $352,000 is for the 

District of Columbia National Guard retention and college access 

program: Provided, That any amount provided under this heading 

shall be available only after such amount has been apportioned 

pursuant to chapter 15 of title 31, United States Code. 

FEDERAL PAYMENT TO THE DISTRICT OF COLUMBIA COURTS

For salaries and expenses for the District of Columbia Courts, 

$223,920,000 to be allocated as follows: for the District of Columbia 

Court of Appeals, $10,800,000, of which not to exceed $1,500 is 

for official reception and representation expenses; for the District 

of Columbia Superior Court, $98,359,000, of which not to exceed 

$1,500 is for official reception and representation expenses; for 

the District of Columbia Court System, $52,170,000, of which not 

to exceed $1,500 is for official reception and representation 

expenses; and $62,591,000, to remain available until September 

30, 2009, for capital improvements for District of Columbia courthouse facilities, including structural improvements to the District 

of Columbia cell block at the Moultrie Courthouse: Provided, That 

notwithstanding any other provision of law, a single contract or 

related contracts for development and construction of facilities may 

be employed which collectively include the full scope of the project: 

Provided further, That the solicitation and contract shall contain 

the clause ‘‘availability of Funds’’ found at 48 CFR 52.232–18: 

Provided further, That funds made available for capital improvements shall be expended consistent with the General Services 

Administration (GSA) master plan study and building evaluation 

report: Provided further, That notwithstanding any other provision 

of law, all amounts under this heading shall be apportioned quarterly by the Office of Management and Budget and obligated and 

expended in the same manner as funds appropriated for salaries 

and expenses of other Federal agencies, with payroll and financial 

services to be provided on a contractual basis with the GSA, and 

such services shall include the preparation of monthly financial 

reports, copies of which shall be submitted directly by GSA to 

the President and to the Committees on Appropriations of the 

House of Representatives and Senate, the Committee on Oversight 

and Government Reform of the House of Representatives, and the 

Committee on Homeland Security and Governmental Affairs of 

the Senate: Provided further, That 30 days after providing written Deadline. 

Notification. 

Reports. 

Contracts. 


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notice to the Committees on Appropriations of the House of Representatives and Senate, the District of Columbia Courts may reallocate not more than $1,000,000 of the funds provided under this 

heading among the items and entities funded under this heading 

for operations, and not more than 4 percent of the funds provided 

under this heading for facilities. 

DEFENDER SERVICES IN DISTRICT OF COLUMBIA COURTS

For payments authorized under section 11–2604 and section 

11–2605, D.C. Official Code (relating to representation provided 

under the District of Columbia Criminal Justice Act), payments 

for counsel appointed in proceedings in the Family Court of the 

Superior Court of the District of Columbia under chapter 23 of 

title 16, D.C. Official Code, or pursuant to contractual agreements 

to provide guardian ad litem representation, training, technical 

assistance, and such other services as are necessary to improve 

the quality of guardian ad litem representation, payments for 

counsel appointed in adoption proceedings under chapter 3 of title 

16, D.C. Code, and payments for counsel authorized under section 

21–2060, D.C. Official Code (relating to representation provided 

under the District of Columbia Guardianship, Protective Proceedings, and Durable Power of Attorney Act of 1986), $47,975,000, 

to remain available until expended: Provided, That the funds provided in this Act under the heading ‘‘Federal Payment to the 

District of Columbia Courts’’ (other than the $62,591,000 provided 

under such heading for capital improvements for District of 

Columbia courthouse facilities) may also be used for payments 

under this heading: Provided further, That in addition to the funds 

provided under this heading, the Joint Committee on Judicial 

Administration in the District of Columbia may use funds provided 

in this Act under the heading ‘‘Federal Payment to the District 

of Columbia Courts’’ (other than the $62,591,000 provided under 

such heading for capital improvements for District of Columbia 

courthouse facilities), to make payments described under this 

heading for obligations incurred during any fiscal year: Provided 

further, That funds provided under this heading shall be administered by the Joint Committee on Judicial Administration in the 

District of Columbia: Provided further, That notwithstanding any 

other provision of law, this appropriation shall be apportioned quarterly by the Office of Management and Budget and obligated and 

expended in the same manner as funds appropriated for expenses 

of other Federal agencies, with payroll and financial services to 

be provided on a contractual basis with the General Services 

Administration (GSA), and such services shall include the preparation of monthly financial reports, copies of which shall be submitted 

directly by GSA to the President and to the Committees on Appropriations of the House of Representatives and Senate, the Committee on Oversight and Government Reform of the House of Representatives, and the Committee on Homeland Security and Governmental Affairs of the Senate. 

FEDERAL PAYMENT TO THE COURT SERVICES AND OFFENDER

SUPERVISION AGENCY FOR THE DISTRICT OF COLUMBIA

For salaries and expenses, including the transfer and hire 

of motor vehicles, of the Court Services and Offender Supervision 

Agency for the District of Columbia, as authorized by the National 

Contracts. 

Reports. 


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Capital Revitalization and Self-Government Improvement Act of 

1997, $190,343,000, of which not to exceed $2,000 is for official 

receptions and representation expenses related to Community 

Supervision and Pretrial Services Agency programs; of which not 

to exceed $25,000 is for dues and assessments relating to the 

implementation of the Court Services and Offender Supervision 

Agency Interstate Supervision Act of 2002; of which not to exceed 

$400,000 for the Community Supervision Program and $160,000 

for the Pretrial Services Program, both to remain available until 

September 30, 2009, are for information technology infrastructure 

enhancement acquisitions; of which $140,499,000 shall be for necessary expenses of Community Supervision and Sex Offender Registration, to include expenses relating to the supervision of adults 

subject to protection orders or the provision of services for or related 

to such persons; of which $49,894,000 shall be available to the 

Pretrial Services Agency: Provided, That notwithstanding any other 

provision of law, all amounts under this heading shall be apportioned quarterly by the Office of Management and Budget and 

obligated and expended in the same manner as funds appropriated 

for salaries and expenses of other Federal agencies: Provided further, That not less than $1,000,000 shall be available for re-entrant 

housing in the District of Columbia: Provided further, That the 

Director is authorized to accept and use gifts in the form of inkind contributions of space and hospitality to support offender 

and defendant programs, and equipment and vocational training 

services to educate and train offenders and defendants: Provided 

further, That the Director shall keep accurate and detailed records 

of the acceptance and use of any gift or donation under the previous 

proviso, and shall make such records available for audit and public 

inspection: Provided further, That the Court Services and Offender 

Supervision Agency Director is authorized to accept and use 

reimbursement from the District of Columbia Government for space 

and services provided on a cost reimbursable basis. 

FEDERAL PAYMENT TO THE DISTRICT OF COLUMBIA PUBLIC DEFENDER

SERVICE

For salaries and expenses, including the transfer and hire 

of motor vehicles, of the District of Columbia Public Defender 

Service, as authorized by the National Capital Revitalization and 

Self-Government Improvement Act of 1997, $32,710,000: Provided, 

That notwithstanding any other provision of law, all amounts under 

this heading shall be apportioned quarterly by the Office of Management and Budget and obligated and expended in the same manner 

as funds appropriated for salaries and expenses of Federal agencies. 

FEDERAL PAYMENT TO THE DISTRICT OF COLUMBIA WATER AND

SEWER AUTHORITY

For a Federal payment to the District of Columbia Water 

and Sewer Authority, $8,000,000, to remain available until 

expended, to continue implementation of the Combined Sewer Overflow Long-Term Plan: Provided, That the District of Columbia Water 

and Sewer Authority provides a match of $6,000,000 and the District of Columbia provides a match of $2,000,000 in local funds 

for this payment. 

Records. 

Public 

information. 


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FEDERAL PAYMENT TO THE CRIMINAL JUSTICE COORDINATING

COUNCIL

For a Federal payment to the Criminal Justice Coordinating 

Council, $1,300,000, to remain available until expended, to support 

initiatives related to the coordination of Federal and local criminal 

justice resources in the District of Columbia. 

FEDERAL PAYMENT TO THE OFFICE OF THE CHIEF FINANCIAL OFFICER

OF THE DISTRICT OF COLUMBIA

For a Federal payment to the Office of the Chief Financial 

Officer of the District of Columbia, $5,453,000: Provided, That each 

entity that receives funding under this heading shall submit to 

the Office of the Chief Financial Officer of the District of Columbia 

(CFO) a report on the activities to be carried out with such funds 

no later than March 15, 2008, and the CFO shall submit a comprehensive report to the Committees on Appropriations of the House 

of Representatives and the Senate no later than June 1, 2008. 

FEDERAL PAYMENT FOR SCHOOL IMPROVEMENT

For a Federal payment for a school improvement program 

in the District of Columbia, $40,800,000, to be allocated as follows: 

for the District of Columbia Public Schools, $13,000,000 to improve 

public school education in the District of Columbia; for the State 

Education Office, $13,000,000 to expand quality public charter 

schools in the District of Columbia, to remain available until 

expended; for the Secretary of the Department of Education, 

$14,800,000 to provide opportunity scholarships for students in 

the District of Columbia in accordance with division C, title III 

of the District of Columbia Appropriations Act, 2004 (Public Law 

108–199; 118 Stat. 126), of which up to $1,800,000 may be used 

to administer and fund assessments. 

FEDERAL PAYMENT FOR CONSOLIDATED LABORATORY FACILITY

For a Federal payment to the District of Columbia, $5,000,000, 

to remain available until September 30, 2009, for costs associated 

with the construction of a consolidated bioterrorism and forensics 

laboratory: Provided, That the District of Columbia provides a 100 

percent match for this payment. 

FEDERAL PAYMENT FOR CENTRAL LIBRARY AND BRANCH LOCATIONS

For a Federal payment to the District of Columbia, $9,000,000, 

to remain available until expended, for the Federal contribution 

for costs associated with the renovation and rehabilitation of District 

libraries. 

FEDERAL PAYMENT TO REIMBURSE THE FEDERAL BUREAU OF

INVESTIGATION

For a Federal payment to the District of Columbia, $4,000,000, 

to remain available until September 30, 2010, for reimbursement 

to the Federal Bureau of Investigation for additional laboratory 

services. 

Reports. 

Deadlines. 


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FEDERAL PAYMENT TO THE EXECUTIVE OFFICE OF THE MAYOR OF THE

DISTRICT OF COLUMBIA

For a Federal payment to the Executive Office of the Mayor 

of the District of Columbia, $5,000,000: Provided, That these funds 

shall be available to support the District’s efforts to enhance the 

public education system, to improve environmental quality, to 

expand pediatric healthcare services and for historic preservation: 

Provided further, That no funds shall be expended until the Mayor 

of the District of Columbia submits a detailed expenditure plan, 

including performance measures, to the Committees on Appropriations of the House of Representatives and the Senate: Provided 

further, That the District submit a preliminary progress report 

on activities no later than June 1, 2008, and a final report including 

a detailed description of outcomes achieved no later than November 

1, 2009. 

DISTRICT OF COLUMBIA FUNDS

The following amounts are appropriated for the District of 

Columbia for the current fiscal year out of the general fund of 

the District of Columbia, except as otherwise specifically provided: 

Provided, That notwithstanding any other provision of law, except 

as provided in section 450A of the District of Columbia Home 

Rule Act, approved November 2, 2000 (114 Stat. 2440; D.C. Official 

Code, sec. 1–204.50a) and provisions of this Act: The total amount 

appropriated in this Act for operating expenses for the District 

of Columbia for fiscal year 2008 under this heading shall not 

exceed the lesser of the sum of the total revenues of the District 

of Columbia for such fiscal year or $9,773,775,000 (of which 

$6,111,623,000 (including $348,929,000 from dedicated taxes) shall 

be from local funds, $2,015,854,000 shall be from Federal grant 

funds, $1,637,736,000 shall be from other funds, and $8,562,000 

shall be from private funds), in addition, $114,905,000 from funds 

previously appropriated in this Act as Federal payments: Provided 

further, That of the local funds, $339,989,000 shall be derived 

from the District’s general fund balance: Provided further, That 

of these funds the District’s intradistrict authority shall be 

$648,290,000: in addition for capital construction projects there 

is appropriated an increase of $1,607,703,000, of which 

$1,042,712,000 shall be from local funds, $38,523,000 from the 

District of Columbia Highway Trust Fund, $73,260,000 from the 

Local Street Maintenance fund, $75,000,000 from revenue bonds, 

$150,000,000 from financing for construction of a consolidated laboratory facility, $42,200,000 for construction of a baseball stadium, 

$186,008,000 from Federal grant funds, and a rescission of 

$212,696,000 from local funds appropriated under this heading 

in prior fiscal years, for a net amount of $1,395,007,000, to remain 

available until expended: Provided further, That the amounts provided under this heading are to be subject to the provisions of 

and allocated and expended as proposed under ‘‘Title III—District 

of Columbia Funds Summary of Expenses’’ of the Fiscal Year 2008 

Proposed Budget and Financial Plan submitted to the Congress 

of the United States by the District of Columbia on June 7, 2007 

as amended on June 29, 2007 and such title is hereby incorporated 

by reference as though set forth fully herein: Provided further, 

Incorporation by 

reference. 

Reports. 

Deadlines. 

Expenditure 

plan. 


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That this amount may be increased by proceeds of one-time transactions, which are expended for emergency or unanticipated operating or capital needs: Provided further, That such increases shall 

be approved by enactment of local District law and shall comply 

with all reserve requirements contained in the District of Columbia 

Home Rule Act approved December 24, 1973 (87 Stat. 777; D.C. 

Official Code, sec. 1–201.01 et seq.), as amended by this Act: Provided further, That the Chief Financial Officer of the District of 

Columbia shall take such steps as are necessary to assure that 

the District of Columbia meets these requirements, including the 

apportioning by the Chief Financial Officer of the appropriations 

and funds made available to the District during fiscal year 2008, 

except that the Chief Financial Officer may not reprogram for 

operating expenses any funds derived from bonds, notes, or other 

obligations issued for capital projects. 

This title may be cited as the ‘‘District of Columbia Appropriations Act, 2008’’. 

TITLE V 

INDEPENDENT AGENCIES 

CONSUMER PRODUCT SAFETY COMMISSION

SALARIES AND EXPENSES

For necessary expenses of the Consumer Product Safety 

Commission, including hire of passenger motor vehicles, services 

as authorized by 5 U.S.C. 3109, but at rates for individuals not 

to exceed the per diem rate equivalent to the maximum rate payable 

under 5 U.S.C. 5376, purchase of nominal awards to recognize 

non-Federal officials’ contributions to Commission activities, and 

not to exceed $1,000 for official reception and representation 

expenses, $80,000,000. 

ELECTION ASSISTANCE COMMISSION

SALARIES AND EXPENSES

(INCLUDING TRANSFER OF FUNDS) 

For necessary expenses to carry out the Help America Vote 

Act of 2002, $16,530,000, of which $3,250,000 shall be transferred 

to the National Institute of Standards and Technology for election 

reform activities authorized under the Help America Vote Act of 

2002: Provided, That $200,000 shall be for a competitive grant 

program to support community involvement in student and parent 

mock elections. 

ELECTION REFORM PROGRAMS

For necessary expenses to carry out programs under the Help 

America Vote Act of 2002 (Public Law 107–252), $115,000,000 which 

shall be available for requirements payments under part 1 of subtitle D of title II of such Act. 


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ELECTION DATA COLLECTION GRANTS

For necessary expenses to carry out an election data collection 

grants program under section 501 of this Act, $10,000,000, which 

shall remain available until expended. 

ADMINISTRATIVE PROVISION—ELECTION ASSISTANCE COMMISSION

SEC. 501. (a) ELECTION DATA COLLECTION GRANTS.—Not later 

than March 30, 2008, the Election Assistance Commission (in this 

section referred to as the ‘‘Commission’’) shall establish an election 

data collection grant program (in this section referred to as the 

‘‘program’’) to provide a grant of $2,000,000 to 5 eligible States 

to improve the collection of data relating to the regularly scheduled 

general election for Federal office held in November 2008. For 

purposes of this section, the term ‘‘State’’ has the meaning given 

such term in section 901 of the Help America Vote Act of 2002 

(42 U.S.C. 15541). 

(b) ELIGIBILITY.—A State is eligible to receive a grant under 

the program if it submits to the Commission, at such time and 

in such form as the Commission may require, an application containing the following information and assurances: 

(1) A plan for the use of the funds provided by the grant 

which will expand and improve the collection of the election 

data described in subsection (a) at the precinct level and will 

provide for the collection of such data in a common electronic 

format (as determined by the Commission). 

(2) An assurance that the State will comply with all 

requests made by the Commission for the compilation and 

submission of the data. 

(3) An assurance that the State will provide the Commission with such information as the Commission may require 

to prepare and submit the report described in subsection (d). 

(4) Such other information and assurances as the Commission may require. 

(c) TIMING OF GRANTS; AVAILABILITY.— 

(1) TIMING.—The Commission shall award grants under 

the program to eligible States not later than 60 days after 

the date on which the Commission establishes the program. 

(2) AVAILABILITY OF FUNDS.—Amounts provided by a grant 

under the program shall remain available without fiscal year 

limitation until expended. 

(d) REPORT TO CONGRESS.— 

(1) REPORT.—Not later than June 30, 2009, the Commission, in consultation with the States receiving grants under 

the program and the Election Assistance Commission Board 

of Advisors, shall submit a report to Congress on the impact 

of the program on the collection of the election data described 

in subsection (a). 

(2) RECOMMENDATIONS.—The Commission shall include in 

the report submitted under paragraph (1) such recommendations as the Commission considers appropriate to improve the 

collection of data relating to regularly scheduled general elections for Federal office in all States, including recommendations 

for changes in Federal law or regulations and the Commission’s 

estimate of the amount of funding necessary to carry out such 

changes. 

Deadlines. 

42 USC 15381 

note. 


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FEDERAL COMMUNICATIONS COMMISSION

SALARIES AND EXPENSES

(INCLUDING TRANSFER OF FUNDS) 

For necessary expenses of the Federal Communications 

Commission, as authorized by law, including uniforms and allowances therefor, as authorized by 5 U.S.C. 5901–5902; not to exceed 

$4,000 for official reception and representation expenses; purchase 

and hire of motor vehicles; special counsel fees; and services as 

authorized by 5 U.S.C. 3109, $313,000,000: Provided, That 

$312,000,000 of offsetting collections shall be assessed and collected 

pursuant to section 9 of title I of the Communications Act of 

1934, shall be retained and used for necessary expenses in this 

appropriation, and shall remain available until expended: Provided 

further, That the sum herein appropriated shall be reduced as 

such offsetting collections are received during fiscal year 2008 so 

as to result in a final fiscal year 2008 appropriation estimated 

at $1,000,000: Provided further, That any offsetting collections 

received in excess of $312,000,000 in fiscal year 2008 shall not 

be available for obligation: Provided further, That remaining offsetting collections from prior years collected in excess of the amount 

specified for collection in each such year and otherwise becoming 

available on October 1, 2007, shall not be available for obligation: 

Provided further, That notwithstanding 47 U.S.C. 309(j)(8)(B), proceeds from the use of a competitive bidding system that may be 

retained and made available for obligation shall not exceed 

$85,000,000 for fiscal year 2008: Provided further, That, in addition, 

not to exceed $21,480,000 may be transferred from the Universal 

Service Fund in fiscal year 2008 to remain available until expended, 

to monitor the Universal Service Fund program to prevent and 

remedy waste, fraud and abuse, and to conduct audits and investigations by the Office of Inspector General. 

ADMINISTRATIVE PROVISIONS—FEDERAL COMMUNICATIONS

COMMISSION

SEC. 510. Section 302 of the Universal Service Antideficiency 

Temporary Suspension Act is amended by striking ‘‘December 31, 

2007’’, each place it appears and inserting ‘‘December 31, 2008’’. 

SEC. 511. None of the funds appropriated by this Act may 

be used by the Federal Communications Commission to modify, 

amend, or change its rules or regulations for universal service 

support payments to implement the February 27, 2004 recommendations of the Federal-State Joint Board on Universal Service 

regarding single connection or primary line restrictions on universal 

service support payments. 

FEDERAL DEPOSIT INSURANCE CORPORATION

OFFICE OF INSPECTOR GENERAL

For necessary expenses of the Office of Inspector General in 

carrying out the provisions of the Inspector General Act of 1978, 

$26,848,000, to be derived from the Deposit Insurance Fund and 

the FSLIC Resolution Fund. 

118 Stat. 3997. 


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FEDERAL ELECTION COMMISSION

SALARIES AND EXPENSES

For necessary expenses to carry out the provisions of the Fed- eral Election Campaign Act of 1971, $59,224,000, of which no less 

than $8,100,000 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. 

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, 

$23,641,000: 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 nonFederal 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 TRADE COMMISSION

SALARIES AND EXPENSES

For necessary expenses of the Federal Trade Commission, 

including uniforms or allowances therefor, as authorized by 5 U.S.C. 

5901–5902; services as authorized by 5 U.S.C. 3109; hire of passenger motor vehicles; and not to exceed $2,000 for official reception 

and representation expenses, $243,864,000, to remain available 

until expended: Provided, That not to exceed $300,000 shall be 

available for use to contract with a person or persons for collection 

services in accordance with the terms of 31 U.S.C. 3718: Provided 

further, That, notwithstanding any other provision of law, not to 

exceed $139,000,000 of offsetting collections derived from fees collected for premerger notification filings under the Hart-Scott-Rodino 

Antitrust Improvements Act of 1976 (15 U.S.C. 18a), regardless 

of the year of collection, shall be retained and used for necessary 

expenses in this appropriation: Provided further, That, notwithstanding any other provision of law, not to exceed $23,000,000 

in offsetting collections derived from fees sufficient to implement 

and enforce the Telemarketing Sales Rule, promulgated under the 

Telemarketing and Consumer Fraud and Abuse Prevention Act 

(15 U.S.C. 6101 et seq.), shall be credited to this account, and 

be retained and used for necessary expenses in this appropriation: 

Provided further, That the sum herein appropriated from the general fund shall be reduced as such offsetting collections are received 

during fiscal year 2008, so as to result in a final fiscal year 2008 


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appropriation from the general fund estimated at not more than 

$81,864,000: Provided further, That none of the funds made available to the Federal Trade Commission may be used to implement 

subsection (e)(2)(B) of section 43 of the Federal Deposit Insurance 

Act (12 U.S.C. 1831t). 

GENERAL SERVICES ADMINISTRATION

REAL PROPERTY ACTIVITIES

FEDERAL BUILDINGS FUND

LIMITATIONS ON AVAILABILITY OF REVENUE

For an additional amount to be deposited in the Federal Buildings Fund, $83,964,000. 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 

$7,830,414,000, of which: (1)(A) $306,448,000 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: 

California: 

San Ysidro, Land Port of Entry, $37,742,000. 

Illinois: 

Rockford, United States Courthouse, $58,792,000. 

Maryland: 

Montgomery County, Food and Drug Administration Consolidation, $57,749,000. 

Minnesota: 

Warroad, Land Port of Entry, $43,628,000. 

Missouri: 

Jefferson City, United States Courthouse, 

$66,000,000. 

Vermont: 

Derby Line, Land Port of Entry, $33,139,000. 

Nonprospectus Construction, $9,398,000; and 


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(B) $225,000,000 is designated as described in section 5 (in the 

matter preceding division A of this consolidated Act) and 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: 

Arizona: 

San Luis, Land Port of Entry I, $7,053,000. 

California: 

San Ysidro, Land Port of Entry, $161,437,000. 

Maine: 

Madawaska, Land Port of Entry, $17,160,000. 

New York: 

Alexandria Bay, Land Port of Entry, $11,676,000. 

Texas: 

El Paso, Tornillo-Guadalupe, Land Port of Entry, 

$4,290,000. 

Donna/Rio Bravo International Bridge, Land Port of 

Entry, $23,384,000: 

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 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 $100,225,000: Provided further, That each of the foregoing limits 

of costs on new construction projects may be exceeded to the extent 

that savings are affected 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, 2009 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) 

$722,161,000 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 III, 

$121,204,000. 

Joint Operations Center, $12,800,000. 

Nebraska Avenue Complex, $27,673,000. 

Nevada: 

Reno, C. Clifton Young Federal Building and 

Courthouse, $12,793,000. 

New York: 

New York, Thurgood Marshall United States 

Courthouse, $170,544,000. 

West Virginia: 

Martinsburg Internal Revenue Service Enterprise 

Computing Center, $35,822,000. 

Special Emphasis Programs: 

Energy Program, $15,000,000. 

Design Program, $7,372,000. 

Basic Repairs and Alterations, $318,953,000: 

Expiration date. 


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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, 2009 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) $155,781,000 for installment 

acquisition payments, including payments on purchase contracts 

which shall remain available until expended; (4) $4,315,534,000 

for rental of space which shall remain available until expended; 

and (5) $2,105,490,000 for building operations which shall remain 

available until expended, of which up to $500,000 may be used 

as Federal competitive contributions to entities which coordinate 

long-term siting of Federal building and employment in the National 

Capital Region with State and local governments, the commercial 

sector and other major stakeholders in the region: 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, 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 (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 2008, 

Expiration date. 


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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; $52,891,000. 

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; agencywide 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, $85,870,000. 

OFFICE OF INSPECTOR GENERAL

For necessary expenses of the Office of Inspector General and 

service authorized by 5 U.S.C. 3109, $48,382,000: Provided, That 

not to exceed $15,000 shall be available for payment for information 

and detection of fraud against the Government, including payment 

for recovery of stolen Government property: Provided further, That 

not to exceed $2,500 shall be available for awards to employees 

of other Federal agencies and private citizens in recognition of 

efforts and initiatives resulting in enhanced Office of Inspector 

General effectiveness. 

ELECTRONIC GOVERNMENT FUND

(INCLUDING TRANSFER OF FUNDS) 

For necessary expenses in support of interagency projects that 

enable the Federal Government to expand its ability to conduct 

activities electronically, through the development and implementation of innovative uses of the Internet and other electronic methods, 

$3,000,000, to remain available until expended: Provided, That 

these funds may be transferred to Federal agencies to carry out 

the purposes of the Fund: Provided further, That this transfer 

authority shall be in addition to any other transfer authority provided in this Act: Provided further, That such transfers may not 

Transfer date. 

Spending plan. 

Project 

explanation. 


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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 

(3 U.S.C. 102 note), and Public Law 95–138, $2,478,000: 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, $17,328,000, 

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 $42,000,000. Appropriations, revenues, and 

collections accruing to this Fund during fiscal year 2008 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. 520. 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. 521. Funds available to the General Services Administration shall be available for the hire of passenger motor vehicles. 

SEC. 522. Funds in the Federal Buildings Fund made available 

for fiscal year 2008 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. 523. Except as otherwise provided in this title, no funds 

made available by this Act shall be used to transmit a fiscal year 

2009 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 2009 request 

must be accompanied by a standardized courtroom utilization study 

of each facility to be constructed, replaced, or expanded. 

SEC. 524. 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 

Study. 


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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. 525. 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. 526. 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. 527. In any case in which the Committee on Transportation and Infrastructure of the House of Representatives and the 

Committee on Environment and Public Works of the Senate adopt 

a resolution granting lease authority pursuant to a prospectus 

transmitted to Congress by the Administrator of General Services 

under section 3307 of title 40, United States Code, the Administrator shall ensure that the delineated area of procurement is 

identical to the delineated area included in the prospectus for 

all lease agreements, except that, if the Administrator determines 

that the delineated area of the procurement should not be identical 

to the delineated area included in the prospectus, the Administrator 

shall provide an explanatory statement to each of such committees 

and the House and Senate Committees on Appropriations prior 

to exercising any lease authority provided in the resolution. 

MERIT SYSTEMS PROTECTION BOARD

SALARIES AND EXPENSES

(INCLUDING TRANSFER OF FUNDS) 

For necessary expenses to carry out functions of the Merit 

Systems Protection Board pursuant to Reorganization Plan Numbered 2 of 1978, the Civil Service Reform Act of 1978, and the 

Whistleblower Protection Act of 1989 (5 U.S.C. 5509 note), including 

services as authorized by 5 U.S.C. 3109, rental of conference rooms 

in the District of Columbia and elsewhere, hire of passenger motor 

vehicles, direct procurement of survey printing, and not to exceed 

$2,000 for official reception and representation expenses, 

$37,507,000 together with not to exceed $2,579,000 for administrative expenses to adjudicate retirement appeals to be transferred 

from the Civil Service Retirement and Disability Fund in amounts 

determined by the Merit Systems Protection Board. 

MORRIS K. UDALL SCHOLARSHIP AND EXCELLENCE IN NATIONAL

ENVIRONMENTAL POLICY FOUNDATION

MORRIS K. UDALL SCHOLARSHIP AND EXCELLENCE IN NATIONAL

ENVIRONMENTAL POLICY TRUST FUND

(INCLUDING TRANSFER OF FUNDS) 

For payment to the Morris K. Udall Scholarship and Excellence 

in National Environmental Policy Trust Fund, pursuant to the 

Contracts. 

Statement. 


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Morris K. Udall Scholarship and Excellence in National Environmental and Native American Public Policy Act of 1992 (20 U.S.C. 

5601 et seq.), $3,750,000, 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, and for uniforms or allowances therefor, as authorized by law (5 U.S.C. 5901 et seq.), 

including maintenance, repairs, and cleaning, $315,000,000. 

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, $58,028,000 of which $38,315,000 shall remain 

available until September 30, 2009: 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, $28,605,000, 

to remain available until expended: Provided, That the Archivist 

Expenditure 

plan. 


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is authorized to construct an addition to the John F. Kennedy 

Presidential Library and Museum on land, adjacent to the existing 

Library and Museum property, to be acquired from the Commonwealth of Massachusetts or the University of Massachusetts or 

some other governmental authority thereof; and of the funds provided, $8,000,000 shall be used for acquiring the land for the 

Kennedy Library Addition, the first phase of construction, related 

services for building the addition to the Library, and other necessary 

expenses, including renovating the Library as needed in constructing the addition; $750,000 to complete design work on the 

renovation of the Franklin D. Roosevelt Presidential Library and 

Museum; $7,432,000 to construct an addition to the Richard Nixon 

Presidential Library and Museum; and $3,760,000 is for the repair 

and restoration of the plaza that surrounds the Lyndon Baines 

Johnson Presidential Library and Museum that is under the joint 

control and custody of the University of Texas: Provided further, 

That such funds shall remain available until expended for this 

purpose and may be transferred directly to the University and 

used, together with University funds, for the repair and restoration 

of the plaza: 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 for 

this project. 

NATIONAL HISTORICAL PUBLICATIONS AND RECORDS COMMISSION

GRANTS PROGRAM

(INCLUDING TRANSFER OF FUNDS) 

For necessary expenses for allocations and grants for historical 

publications and records as authorized by 44 U.S.C. 2504, 

$9,500,000, to remain available until expended: Provided, That 

of the funds provided in this paragraph, $2,000,000 shall be transferred to the operating expenses account of the National Archives 

and Records Administration for operating expenses of the National 

Historical Publications and Records Commission. 

ADMINISTRATIVE PROVISION—NATIONAL ARCHIVES AND RECORDS

ADMINISTRATION

The National Archives and Records Administration shall 

include in its fiscal year 2009 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 2009 shall be allocated to projects on a priority 

basis established under a comprehensive capital needs assessment. 

NATIONAL CREDIT UNION ADMINISTRATION

CENTRAL LIQUIDITY FACILITY

During fiscal year 2008, 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., 

Funding 

assessment. 


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shall not exceed $1,500,000,000: Provided, That administrative 

expenses of the Central Liquidity Facility in fiscal year 2008 shall 

not exceed $329,000. 

COMMUNITY DEVELOPMENT REVOLVING LOAN FUND

For the Community Development Revolving Loan Fund pro- gram as authorized by 42 U.S.C. 9812, 9822 and 9910, $975,000 

shall be available until September 30, 2009 for technical assistance 

to low-income designated credit unions. 

OFFICE OF GOVERNMENT ETHICS

SALARIES AND EXPENSES

For necessary expenses to carry out functions of the Office 

of Government Ethics pursuant to the Ethics in Government Act 

of 1978, and the Ethics Reform Act of 1989, including services 

as authorized by 5 U.S.C. 3109, rental of conference rooms in 

the District of Columbia and elsewhere, hire of passenger motor 

vehicles, and not to exceed $1,500 for official reception and representation expenses, $11,750,000. 

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, $101,765,000, of 

which $5,991,000 shall remain available until expended for the 

Enterprise Human Resources Integration project; $1,351,000 shall 

remain available until expended for the Human Resources Line 

of Business project; $340,000 shall remain available until expended 

for the E-Payroll project; and $170,000 shall remain available until 

expended for the E-Training program; and in addition $123,901,000 

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 $26,965,000 

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 


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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 2008, 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 of 1978, 

including services as authorized by 5 U.S.C. 3109, hire of passenger 

motor vehicles, $1,519,000, and in addition, not to exceed 

$17,081,000 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), 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, and the Act of August 19, 1950 

(33 U.S.C. 771–775), may hereafter be paid out of the Civil Service 

Retirement and Disability Fund. 

33 USC 776. 


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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), the Whistleblower Protection Act of 1989 (Public Law 101– 

12), 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; 

$17,468,000. 

SECURITIES AND EXCHANGE COMMISSION

SALARIES AND EXPENSES

For necessary expenses for the Securities and Exchange 

Commission, including services as authorized by 5 U.S.C. 3109, 

the rental of space (to include multiple year leases) in the District 

of Columbia and elsewhere, and not to exceed $3,500 for official 

reception and representation expenses, $906,000,000, to remain 

available until expended; of which not to exceed $20,000 may be 

used toward funding a permanent secretariat for the International 

Organization of Securities Commissions; and of which not to exceed 

$100,000 shall be available for expenses for consultations and 

meetings hosted by the Commission with foreign governmental 

and other regulatory officials, members of their delegations, appropriate representatives and staff to exchange views concerning 

developments relating to securities matters, development and 

implementation of cooperation agreements concerning securities 

matters and provision of technical assistance for the development 

of foreign securities markets, such expenses to include necessary 

logistic and administrative expenses and the expenses of Commission staff and foreign invitees in attendance at such consultations 

and meetings including: (1) such incidental expenses as meals taken 

in the course of such attendance; (2) any travel and transportation 

to or from such meetings; and (3) any other related lodging or 

subsistence: Provided, That fees and charges authorized by sections 

6(b) of the Securities Exchange Act of 1933 (15 U.S.C. 77f(b)), 

and 13(e), 14(g) and 31 of the Securities Exchange Act of 1934 

(15 U.S.C. 78m(e), 78n(g), and 78ee), shall be credited to this 

account as offsetting collections: Provided further, That not to exceed 

$842,738,000 of such offsetting collections shall be available until 

expended for necessary expenses of this account: Provided further, 

That $63,262,000 shall be derived from prior year unobligated balances from funds previously appropriated to the Securities and 

Exchange Commission: Provided further, That the total amount 

appropriated under this heading from the general fund for fiscal 

year 2008 shall be reduced as such offsetting fees are received 

so as to result in a final total fiscal year 2008 appropriation from 

the general fund estimated at not more than $0. 


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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; $22,000,000: 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. 

SMALL BUSINESS ADMINISTRATION

SALARIES AND EXPENSES

For necessary expenses, not otherwise provided for, of the Small 

Business Administration as authorized by Public Law 108–447, 

including hire of passenger motor vehicles as authorized by 31 

U.S.C. 1343 and 1344, and not to exceed $3,500 for official reception 

and representation expenses, $344,123,000: Provided, That the 

Administrator is authorized to charge fees to cover the cost of 

publications developed by the Small Business Administration, and 

certain loan program activities, including fees authorized by section 

5(b) of the Small Business Act: Provided further, That, notwithstanding 31 U.S.C. 3302, revenues received from all such activities 

shall be credited to this account, to remain available until expended, 

for carrying out these purposes without further appropriations: 

Provided further, That $97,120,000 shall be available to fund grants 

for performance in fiscal year 2008 or fiscal year 2009 as authorized. 

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, 

$15,000,000. 

SURETY BOND GUARANTEES REVOLVING FUND

For additional capital for the Surety Bond Guarantees 

Revolving Fund, authorized by the Small Business Investment Act 

of 1958, $3,000,000, to remain available until expended. 

BUSINESS LOANS PROGRAM ACCOUNT

(INCLUDING TRANSFERS OF FUNDS) 

For the cost of direct loans, $2,000,000, 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: Provided further, That subject 

to section 502 of the Congressional Budget Act of 1974, during 


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fiscal year 2008 commitments to guarantee loans under section 

503 of the Small Business Investment Act of 1958 shall not exceed 

$7,500,000,000: Provided further, That during fiscal year 2008 

commitments for general business loans authorized under section 

7(a) of the Small Business Act, shall not exceed $17,500,000,000: 

Provided further, That during fiscal year 2008 commitments to 

guarantee loans for debentures under section 303(b) of the Small 

Business Investment Act of 1958, shall not exceed $3,000,000,000: 

Provided further, That during fiscal year 2008, guarantees of trust 

certificates authorized by section 5(g) of the Small Business Act 

shall not exceed a principal amount of $12,000,000,000. In addition, 

for administrative expenses to carry out the direct and guaranteed 

loan programs, $135,414,000, which may be transferred to and 

merged with the appropriations for Salaries and Expenses. 

ADMINISTRATIVE PROVISIONS—SMALL BUSINESS ADMINISTRATION

(INCLUDING TRANSFER OF FUNDS) 

SEC. 530. Not to exceed 5 percent of any appropriation made 

available for the current fiscal year for the Small Business Administration in this Act may be transferred between such appropriations, 

but no such appropriation shall be increased by more than 10 

percent by any such transfers: Provided, That any transfer pursuant 

to this paragraph shall be treated as a reprogramming of funds 

under section 610 of this Act and shall not be available for obligation 

or expenditure except in compliance with the procedures set forth 

in that section. 

SEC. 531. All disaster loans issued in Alaska or North Dakota 

shall be administered by the Small Business Administration and 

shall not be sold during fiscal year 2008. 

SEC. 532. (a) Funds made available under section 613 of Public 

Law 109–108 (119 Stat. 2338) for Nevada’s Commission on Economic Development shall be made available to the Nevada Center 

for Entrepreneurship and Technology (CET). 

(b) Funds made available under section 613 of Public Law 

109–108 for the Chattanooga Enterprise Center shall be made 

available to the University of Tennessee at Chattanooga. 

SEC. 533. Public Law 110–28 (121 Stat. 155) is amended in 

the second paragraph of chapter 4 of title IV by inserting before 

‘‘$25,000,000’’ the phrase ‘‘up to’’. 

SEC. 534. For an additional amount under the heading ‘‘Small 

Business Administration, Salaries and Expenses’’, $69,451,000, to 

remain available until September 30, 2009, shall be for initiatives 

related to small business development and entrepreneurship, 

including programmatic and construction activities: Provided, That 

amounts made available under this section shall be provided in 

accordance with the terms and conditions as specified in the 

explanatory statement described in section 4 (in the matter preceding division A of this consolidated Act). 

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, $117,864,000, 

Tennessee. 

Disaster 

assistance. 

Alaska. 

North Dakota. 

Nevada. 


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of which $88,864,000 shall not be available for obligation until 

October 1, 2008: 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 

2008. 

UNITED STATES TAX COURT

SALARIES AND EXPENSES

For necessary expenses, including contract reporting and other 

services as authorized by 5 U.S.C. 3109, $45,326,000: Provided, 

That travel expenses of the judges shall be paid upon the written 

certificate of the judge. 

TITLE VI 

GENERAL PROVISIONS—THIS ACT 

SEC. 601. Such sums as may be necessary for fiscal year 2008 

pay raises for programs funded in this Act shall be absorbed within 

the levels appropriated in this Act or previous appropriations Acts. 

SEC. 602. 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. 603. 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. 604. 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. 605. 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. 606. 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). 

Contracts. 

Mail. 


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SEC. 607. 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. 608. 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. 609. 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. 610. 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 2008, 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 or 

reorganizes offices, programs, or activities unless prior approval 

is received from the House and Senate Committees on Appropriations: Provided, That prior to any significant reorganization or 

restructuring of offices, programs, or activities, each agency or 

entity funded in this Act shall consult with the Committees on 

Appropriations of the House of Representatives and the Senate: 

Provided further, 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 

Deadline. 

Reports. 


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per day for each day after the required date that the report has 

not been submitted to the Congress. 

SEC. 611. Except as otherwise specifically provided by law, 

not to exceed 50 percent of unobligated balances remaining available 

at the end of fiscal year 2008 from appropriations made available 

for salaries and expenses for fiscal year 2008 in this Act, shall 

remain available through September 30, 2009, 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. 612. 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. 613. 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. 614. 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 of Personnel Management 

pursuant to court approval. 

SEC. 615. No funds appropriated by this Act shall be available 

to pay for an abortion, or the administrative expenses in connection 

with any health plan under the Federal employees health benefits 

program which provides any benefits or coverage for abortions. 

SEC. 616. The provision of section 615 shall not apply where 

the life of the mother would be endangered if the fetus were carried 

to term, or the pregnancy is the result of an act of rape or incest. 

SEC. 617. Notwithstanding any other provision of law, for fiscal 

years 2008 and 2009, 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 that is financial in nature, is incidental to any financial activity, or is complementary to a financial 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. 

Abortion. 

Request. 


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SEC. 618. 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. 619. Notwithstanding section 10(b) of the Harry S Truman 

Memorial Scholarship Act (20 U.S.C. 2009(b)), hereafter, at the 

request of the Board of Trustees of the Harry S Truman Scholarship 

Foundation, it shall be the duty of the Secretary of the Treasury 

to invest in full the amounts appropriated and contributed to the 

Harry S Truman Memorial Scholarship Trust Fund, as provided 

in such section. All requests of the Board of Trustees to the Secretary provided for in this section shall be binding on the Secretary. 

SEC. 620. Notwithstanding section 1353 of title 31, United 

States Code, no officer or employee of any regulatory agency or 

commission funded by this Act may accept on behalf of that agency, 

nor may such agency or commission accept, payment or reimbursement from a non-Federal entity for travel, subsistence, or related 

expenses for the purpose of enabling an officer or employee to 

attend and participate in any meeting or similar function relating 

to the official duties of the officer or employee when the entity 

offering payment or reimbursement is a person or entity subject 

to regulation by such agency or commission, or represents a person 

or entity subject to regulation by such agency or commission, unless 

the person or entity is an organization exempt from taxation pursuant to section 501(c)(3) of the Internal Revenue Code of 1986. 

SEC. 621. None of the funds made available by this Act may 

be used by the Federal Communications Commission to implement 

the Fairness Doctrine, as repealed in General Fairness Doctrine 

Obligations of Broadcast Licensees (50 Fed. Reg. 35418 (1985)), 

or any other regulations having the same substance. 

SEC. 622. Section 5112 of title 31, United States Code, is 

amended by adding at the end the following new subsection: 

‘‘(r) REDESIGN AND ISSUANCE OF CIRCULATING QUARTER DOLLAR

HONORING THE DISTRICT OF COLUMBIA AND EACH OF THE TERRITORIES.— 

‘‘(1) REDESIGN IN 2009.— 

‘‘(A) IN GENERAL.—Notwithstanding the fourth sentence of subsection (d)(1) and subsection (d)(2) and subject 

to paragraph (6)(B), quarter dollar coins issued during 

2009, shall have designs on the reverse side selected in 

accordance with this subsection which are emblematic of 

the District of Columbia and the territories. 

‘‘(B) FLEXIBILITY WITH REGARD TO PLACEMENT OF

INSCRIPTIONS.—Notwithstanding subsection (d)(1), the Secretary may select a design for quarter dollars issued during 

2009 in which— 

‘‘(i) the inscription described in the second sentence 

of subsection (d)(1) appears on the reverse side of any 

such quarter dollars; and 

‘‘(ii) any inscription described in the third sentence 

of subsection (d)(1) or the designation of the value 

of the coin appears on the obverse side of any such 

quarter dollars. 

20 USC 2009a. 


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‘‘(2) SINGLE DISTRICT OR TERRITORY DESIGN.—The 

design on the reverse side of each quarter dollar issued 

during 2009 shall be emblematic of one of the following: 

The District of Columbia, the Commonwealth of Puerto 

Rico, Guam, American Samoa, the United States Virgin 

Islands, and the Commonwealth of the Northern Mariana 

Islands. 

‘‘(3) SELECTION OF DESIGN.— 

‘‘(A) IN GENERAL.—Each of the 6 designs required 

under this subsection for quarter dollars shall be— 

‘‘(i) selected by the Secretary after consultation 

with— 

‘‘(I) the chief executive of the District of 

Columbia or the territory being honored, or 

such other officials or group as the chief executive officer of the District of Columbia or the 

territory may designate for such purpose; and 

‘‘(II) the Commission of Fine Arts; and 

‘‘(ii) reviewed by the Citizens Coinage 

Advisory Committee. 

‘‘(B) SELECTION AND APPROVAL PROCESS.—Designs 

for quarter dollars may be submitted in accordance 

with the design selection and approval process developed by the Secretary in the sole discretion of the 

Secretary. 

‘‘(C) PARTICIPATION.—The Secretary may include 

participation by District or territorial officials, artists 

from the District of Columbia or the territory, 

engravers of the United States Mint, and members 

of the general public. 

‘‘(D) STANDARDS.—Because it is important that the 

Nation’s coinage and currency bear dignified designs 

of which the citizens of the United States can be proud, 

the Secretary shall not select any frivolous or inappropriate design for any quarter dollar minted under this 

subsection. 

‘‘(E) PROHIBITION ON CERTAIN REPRESENTATIONS.— 

No head and shoulders portrait or bust of any person, 

living or dead, and no portrait of a living person may 

be included in the design of any quarter dollar under 

this subsection. 

‘‘(4) TREATMENT AS NUMISMATIC ITEMS.—For purposes of 

sections 5134 and 5136, all coins minted under this subsection 

shall be considered to be numismatic items. 

‘‘(5) ISSUANCE.— 

‘‘(A) QUALITY OF COINS.—The Secretary may mint and 

issue such number of quarter dollars of each design selected 

under paragraph (4) in uncirculated and proof qualities 

as the Secretary determines to be appropriate. 

‘‘(B) SILVER COINS.—Notwithstanding subsection (b), 

the Secretary may mint and issue such number of quarter 

dollars of each design selected under paragraph (4) as 

the Secretary determines to be appropriate, with a content 

of 90 percent silver and 10 percent copper. 

‘‘(C) TIMING AND ORDER OF ISSUANCE.—Coins minted 

under this subsection honoring the District of Columbia 


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and each of the territories shall be issued in equal sequential intervals during 2009 in the following order: the District of Columbia, the Commonwealth of Puerto Rico, 

Guam, American Samoa, the United States Virgin Islands, 

and the Commonwealth of the Northern Mariana Islands. 

‘‘(6) OTHER PROVISIONS.— 

‘‘(A) APPLICATION IN EVENT OF ADMISSION AS A STATE.— 

If the District of Columbia or any territory becomes a 

State before the end of the 10-year period referred to in 

subsection (l)(1), subsection (l)(7) shall apply, and this subsection shall not apply, with respect to such State. 

‘‘(B) APPLICATION IN EVENT OF INDEPENDENCE.—If any 

territory becomes independent or otherwise ceases to be 

a territory or possession of the United States before quarter 

dollars bearing designs which are emblematic of such territory are minted pursuant to this subsection, this subsection 

shall cease to apply with respect to such territory. 

‘‘(7) TERRITORY DEFINED.—For purposes of this subsection, 

the term ‘territory’ means the Commonwealth of Puerto Rico, 

Guam, American Samoa, the United States Virgin Islands, 

and the Commonwealth of the Northern Mariana Islands.’’. 

SEC. 623. (a) IN GENERAL.—Section 5112(n)(2) of title 31, United 

States Code, is amended— 

(1) in subparagraph (C)(i)— 

(A) by striking ‘‘inscriptions’’ and inserting ‘‘inscription’’; and 

(B) by striking ‘‘and ‘In God We Trust’ ’’; and 

(2) by adding at the end the following new subparagraph: 

‘‘(F) INSCRIPTION OF ‘IN GOD WE TRUST’.—The design 

on the obverse or the reverse shall bear the inscription 

‘In God We Trust’.’’. 

(b) CONFORMING AMENDMENT.—Section 5112(r)(2) of title 31, 

United States Code, is amended— 

(1) in subparagraph (C)(i)— 

(A) by striking ‘‘inscriptions’’ and inserting ‘‘inscription’’; and 

(B) by striking ‘‘and ‘In God We Trust’ ’’; and 

(2) by adding at the end the following new subparagraph: 

‘‘(E) INSCRIPTION OF ‘IN GOD WE TRUST’.—The design 

on the obverse or the reverse shall bear the inscription 

‘In God We Trust’.’’. 

(c) EFFECTIVE DATE.—The change required by the amendments 

made by subsections (a) and (b) shall be put into effect by the 

Secretary of the Treasury as soon as is practicable after the date 

of enactment of this Act. 

SEC. 624. There is hereby appropriated $600,000, to remain 

available until expended, for the Christopher Columbus Fellowship 

Foundation, established by Section 423 of Public Law 102–281. 

31 USC 5112 

note. 


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TITLE VII 

GENERAL PROVISIONS—GOVERNMENT-WIDE 

DEPARTMENTS, AGENCIES, AND CORPORATIONS

SEC. 701. Hereafter, 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. 702. No department, agency, or instrumentality of the 

United States receiving appropriated funds under this or any other 

Act for fiscal year 2008 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. 703. 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 $12,888 except station wagons for which the maximum shall be $13,312: 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. 704. 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-ofliving allowances, in accordance with 5 U.S.C. 5922–5924. 

SEC. 705. 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 USC 5101 note. 

31 USC 1343 

note. 

5 USC 5742 note. 


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(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 Broadcasting Board of Governors, 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. 706. 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. 479), the Public Buildings Amendments of 1972 (86 Stat. 

216), or other applicable law. 

SEC. 707. 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. 708. 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 

Penalties. 

Affidavit. 


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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. 709. Hereafter, no part of any appropriation 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. 710. 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. 711. 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. 712. (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 2008, 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 2008, 

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 2008, 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 2008 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 2008 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, 2007, shall be determined under regulations prescribed by the Office of Personnel 

Management. 

Regulations. 

5 USC 5343 note. 

5 USC note prec. 

5501. 


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(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, 2007, 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, 2007. 

(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. 713. During the period in which the head of any department or agency, or any other officer or civilian employee of the 

Federal 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. 714. Notwithstanding section 1346 of title 31, United 

States Code, or section 710 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. 715. (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 policydetermining 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; 

Applicability. 


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(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. 716. Hereafter, no department, agency, or instrumentality 

of the United States receiving appropriated funds under this or 

any other Act 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), 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. 717. 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 or 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. 718. (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; 

5 USC 7201 note. 


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(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. 719. 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. 720. 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, 


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PUBLIC LAW 110–161—DEC. 26, 2007 121 STAT. 2025 

television, or film presentation designed to support or defeat legislation pending before the Congress, except in presentation to the 

Congress itself. 

SEC. 721. 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. 722. 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. 723. 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. 724. (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 Regulatory 

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. 725. Notwithstanding 31 U.S.C. 1346 and section 710 

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. 726. Notwithstanding 31 U.S.C. 1346 and section 710 

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 President’s Management Council for overall management improvement 

initiatives, the Chief Financial Officers Council for financial 

management initiatives, the Chief Information Officers Council for 

information technology initiatives, the Chief Human Capital Officers Council for human capital initiatives, and the Chief Acquisition 

Officers Council for procurement initiatives): Provided further, That 


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the total funds transferred or reimbursed shall not exceed 

$10,000,000: Provided further, That such transfers or reimbursements may only be made after 15 days following notification of 

the Committees on Appropriations by the Director of the Office 

of Management and Budget. 

SEC. 727. 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. 728. Notwithstanding section 1346 of title 31, United 

States Code, or section 710 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. 729. 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. 730. Section 403(f) of the Government Management 

Reform Act of 1994 (31 U.S.C. 501 note; Public Law 103–356) 

is amended to read as follows: 

‘‘(f) TERMINATION OF CERTAIN AUTHORITY.—The authority of 

the Secretary of Homeland Security to carry out a pilot program 

under this section shall terminate on October 1, 2008.’’. 

SEC. 731. (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 

Reports. 

Deadline. 

Transfer date. 

Notification. 


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(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. 732. (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. 733. The Congress of the United States recognizes the 

United States Anti-Doping Agency (USADA) as the official antidoping agency for Olympic, Pan American, and Paralympic sport 

in the United States. 

SEC. 734. 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. 735. 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. 736. 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 

Sports. 

Drugs and drug 

abuse. 

Abortion. 

Contracts. 

Contraceptives. 


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121 STAT. 2028 PUBLIC LAW 110–161—DEC. 26, 2007 

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. 737. (a) For fiscal year 2008, no funds shall be available 

for transfers or reimbursements to the E-Government initiatives 

sponsored by the Office of Management and Budget prior to 15 

days following submission of a report to the Committees on Appropriations by the Director of the Office of Management and Budget 

and receipt of approval to transfer funds by the House and Senate 

Committees on Appropriations. 

(b) Hereafter, any funding request for a new or ongoing EGovernment initiative by any agency or agencies managing the 

development of an initiative shall include in justification materials 

submitted to the House and Senate Committees on Appropriations 

the information in subsection (d). 

(c) Hereafter, any funding request by any agency or agencies 

participating in the development of an E-Government initiative 

and contributing funding for the initiative shall include in justification materials submitted to the House and Senate Committees 

on Appropriations— 

(1) the amount of funding contributed to each initiative 

by program office, bureau, or activity, as appropriate; and 

(2) the relevance of that use to that department or agency 

and each bureau or office within, which is contributing funds. 

(d) The report in (a) and justification materials in (b) shall 

include at a minimum— 

(1) a description of each initiative including but not limited 

to its objectives, benefits, development status, risks, cost 

effectiveness (including estimated net costs or savings to the 

government), and the estimated date of full operational capability; 

(2) the total development cost of each initiative by fiscal 

year including costs to date, the estimated costs to complete 

its development to full operational capability, and estimated 

annual operations and maintenance costs; and 

(3) the sources and distribution of funding by fiscal year 

and by agency and bureau for each initiative including agency 

contributions to date and estimated future contributions by 

agency. 

(e) No funds shall be available for obligation or expenditure 

for new E-Government initiatives without the explicit approval 

of the House and Senate Committees on Appropriations. 

SEC. 738. Notwithstanding section 1346 of title 31, United 

States Code, and section 710 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 2008 and any period thereafter that 

precedes the enactment of the Financial Services and General 

Reports. 

Justification 

materials. 

44 USC 3601 

note. 


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Government Appropriations Act, 2009. 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. 739. (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 publicprivate competition that includes a most efficient and cost 

effective organization plan developed by such activity or 

function; 

(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; and 

(C) the contractor does not receive an advantage for 

a proposal that would reduce costs for the Federal Government by— 

(i) not making an employer-sponsored health insurance plan available to the workers who are to be 

employed in the performance of that activity or function under the contract; 

(ii) offering to such workers an employer-sponsored 

health benefits plan that requires the employer to contribute less towards the premium or subscription share 

than the amount that is paid by the Federal Government for health benefits for civilian employees under 

chapter 89 of title 5, United States Code; or 

(iii) offering to such workers a retirement benefit 

that in any year costs less than the annual retirement 

cost factor applicable to Federal employees under 

chapter 84 of title 5, United States Code. 

(2) This paragraph shall not apply to— 

(A) the Department of Defense; 

31 USC 501 note. 

Notification. 

Deadlines. 


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(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. 

(c) BID PROTESTS BY FEDERAL EMPLOYEES IN ACTIONS UNDER

OFFICE OF MANAGEMENT AND BUDGET CIRCULAR A–76.— 

(1) ELIGIBILITY TO PROTEST.— 

(A) Section 3551(2) of title 31, United States Code, 

is amended to read as follows: 

‘‘(2) The term ‘interested party’— 

‘‘(A) with respect to a contract or a solicitation or 

other request for offers described in paragraph (1), means 

an actual or prospective bidder or offeror whose direct 

economic interest would be affected by the award of the 

contract or by failure to award the contract; and 

‘‘(B) with respect to a public-private competition conducted under Office of Management and Budget Circular 

A–76 regarding performance of an activity or function of 

a Federal agency, or a decision to convert a function performed by Federal employees to private sector performance 

without a competition under OMB Circular A–76, 

includes— 

‘‘(i) any official who submitted the agency tender 

in such competition; and 

‘‘(ii) any one person who, for the purpose of representing them in a protest under this subchapter that 

relates to such competition, has been designated as 

their agent by a majority of the employees of such 

Federal agency who are engaged in the performance 

of such activity or function.’’. 

(B)(i) Subchapter V of chapter 35 of such title is 

amended by adding at the end the following new section: 

‘‘§ 3557. Expedited action in protests for public-private competitions 

‘‘For protests in cases of public-private competitions conducted 

under Office of Management and Budget Circular A–76 regarding 


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performance of an activity or function of Federal agencies, the 

Comptroller General shall administer the provisions of this subchapter in a manner best suited for expediting final resolution 

of such protests and final action in such competitions.’’. 

(ii) The chapter analysis at the beginning of such 

chapter is amended by inserting after the item relating 

to section 3556 the following new item: 

‘‘3557. Expedited action in protests for public-private competitions’’. 

(2) RIGHT TO INTERVENE IN CIVIL ACTION.—Section 1491(b) 

of title 28, United States Code, is amended by adding at the 

end the following new paragraph: 

‘‘(5) If a private sector interested party commences an action 

described in paragraph (1) in the case of a public-private competition 

conducted under Office of Management and Budget Circular A– 

76 regarding performance of an activity or function of a Federal 

agency, or a decision to convert a function performed by Federal 

employees to private sector performance without a competition 

under Office of Management and Budget Circular A–76, then an 

official or person described in section 3551(2)(B) of title 31 shall 

be entitled to intervene in that action.’’. 

(3) APPLICABILITY.—Subparagraph (B) of section 3551(2) 

of title 31, United States Code (as added by paragraph (1)), 

and paragraph (5) of section 1491(b) of title 28, United States 

Code (as added by paragraph (2)), shall apply to— 

(A) protests and civil actions that challenge final selections of sources of performance of an activity or function 

of a Federal agency that are made pursuant to studies 

initiated under Office of Management and Budget Circular 

A–76 on or after January 1, 2004; and 

(B) any other protests and civil actions that relate 

to public-private competitions initiated under Office of 

Management and Budget Circular A–76, or a decision to 

convert a function performed by Federal employees to private sector performance without a competition under Office 

of Management and Budget Circular A–76, on or after 

the date of the enactment of this Act. 

(d) LIMITATION.—(1) None of the funds available in this Act 

may be used— 

(A) by the Office of Management and Budget to direct 

or require another agency to take an action specified in paragraph (2); or 

(B) by an agency to take an action specified in paragraph 

(2) as a result of direction or requirement from the Office 

of Management and Budget. 

(2) An action specified in this paragraph is the preparation 

for, undertaking, continuation of, or completion of a public-private 

competition or direct conversion under Office of Management and 

Budget Circular A–76 or any other administrative regulation, directive, or policy. 

(e) APPLICABILITY.—This section shall apply with respect to 

fiscal year 2008 and each succeeding fiscal year. 

SEC. 740. (a) The adjustment in rates of basic pay for employees 

under the statutory pay systems that takes effect in fiscal year 

2008 under sections 5303 and 5304 of title 5, United States Code, 

shall be an increase of 3.5 percent, and this adjustment shall 

apply to civilian employees in the Department of Homeland Security 

Pay increase. 

Applicability. 

Effective date. 

5 USC 5303 note. 


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and shall apply to civilian employees in the Department of Defense 

who are represented by a labor organization as defined in 5 U.S.C. 

7103(a)(4), and such adjustments shall be effective as of the first 

day of the first applicable pay period beginning on or after January 

1, 2008. Civilian employees in the Department of Defense who 

are eligible to be represented by a labor organization as defined 

in 5 U.S.C. 7103(a)(4), but are not so represented, will receive 

the adjustment provided for in this section unless the positions 

are entitled to a pay adjustment under 5 U.S.C. 9902. 

(b) Notwithstanding section 712 of this Act, the adjustment 

in rates of basic pay for the statutory pay systems that take place 

in fiscal year 2008 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 2008. 

SEC. 741. 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. 742. (a) 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) and regulations 

implementing that section. 

(b) 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 Oversight 

and 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. 3545, 

the Federal Information Security Management Act of 2002. The 

Inspector General may contract with an independent, third party 

organization to conduct the review.’’. 

SEC. 743. Each executive department and agency shall evaluate 

the creditworthiness of an individual before issuing the individual 

a government travel charge card. Such evaluations for individuallybilled travel charge cards shall include an assessment of the individual’s consumer report from a consumer reporting agency as those 

5 USC 5701 note. 

Reports. 

42 USC 2000e–2. 


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terms are defined in section 603 of the Fair Credit Reporting 

Act (Public Law 91–508): Provided, That section 604(a)(3) of such 

Act shall be amended by adding to the end the following: 

‘‘(G) executive departments and agencies in connection 

with the issuance of government-sponsored individuallybilled travel charge cards.’’: 

Provided further, That 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 further, 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. 744. CROSSCUT BUDGET. (a) DEFINITIONS.—For purposes 

of this section the following definitions apply: 

(1) GREAT LAKES.—The terms ‘‘Great Lakes’’ and ‘‘Great 

Lakes State’’ have the same meanings as such terms have 

in section 506 of the Water Resources Development Act of 

2000 (42 U.S.C. 1962d–22). 

(2) GREAT LAKES RESTORATION ACTIVITIES.—The term 

‘‘Great Lakes restoration activities’’ means any Federal or State 

activity primarily or entirely within the Great Lakes watershed 

that seeks to improve the overall health of the Great Lakes 

ecosystem. 

(b) REPORT.—Not later than 30 days after submission of the 

budget of the President to Congress, the Director of the Office 

of Management and Budget, in coordination with the Governor 

of each Great Lakes State and the Great Lakes Interagency Task 

Force, shall submit to the appropriate authorizing and appropriating committees of the Senate and the House of Representatives 

a financial report, certified by the Secretary of each agency that 

has budget authority for Great Lakes restoration activities, containing— 

(1) an interagency budget crosscut report that— 

(A) displays the budget proposed, including any 

planned interagency or intra-agency transfer, for each of 

the Federal agencies that carries out Great Lakes restoration activities in the upcoming fiscal year, separately 

reporting the amount of funding to be provided under 

existing laws pertaining to the Great Lakes ecosystem; 

and 

(B) identifies all expenditures since fiscal year 2004 

by the Federal Government and State governments for 

Great Lakes restoration activities; 

(2) a detailed accounting of all funds received and obligated 

by all Federal agencies and, to the extent available, State 

15 USC 1681b. 


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agencies using Federal funds, for Great Lakes restoration activities during the current and previous fiscal years; 

(3) a budget for the proposed projects (including a description of the project, authorization level, and project status) to 

be carried out in the upcoming fiscal year with the Federal 

portion of funds for activities; and 

(4) a listing of all projects to be undertaken in the upcoming 

fiscal year with the Federal portion of funds for activities. 

SEC. 745. (a) IN GENERAL.—None of the funds appropriated 

or otherwise made available by this or any other Act may be 

used for any Federal Government contract with any foreign incorporated entity which is treated as an inverted domestic corporation 

under section 835(b) of the Homeland Security Act of 2002 (6 

U.S.C. 395(b)) or any subsidiary of such an entity. 

(b) WAIVERS.— 

(1) IN GENERAL.—Any Secretary shall waive subsection (a) 

with respect to any Federal Government contract under the 

authority of such Secretary if the Secretary determines that 

the waiver is required in the interest of national security. 

(2) REPORT TO CONGRESS.—Any Secretary issuing a waiver 

under paragraph (1) shall report such issuance to Congress. 

(c) EXCEPTION.—This section shall not apply to any Federal 

Government contract entered into before the date of the enactment 

of this Act, or to any task order issued pursuant to such contract. 

SEC. 746. (a) Each executive department and agency shall establish and maintain on the homepage of its website, an obvious, 

direct link to the website of its respective Inspector General. 

(b) Each Office of Inspector General shall: (1) post on its website 

any public report or audit or portion of any report or audit issued 

within one day of its release; (2) provide a service on its website 

to allow an individual to request automatic receipt of information 

relating to any public report or audit or portion of that report 

or audit and which permits electronic transmittal of the information, 

or notice of the availability of the information without further 

request; and (3) establish and maintain a direct link on its website 

for individuals to anonymously report waste, fraud and abuse. 

SEC. 747. (a) None of the funds available under this or any 

other Act may be used to carry out a public-private competition 

or direct conversion under Office of Management and Budget (OMB) 

Circular A–76, or any successor regulation, directive or policy, 

relating to the Human Resources Lines of Business initiative until 

60 days after the Director of the Office of Management and Budget 

submits to the Committees on Appropriations of the House of Representatives and the Senate a report on the use of public-private 

competitions and direct conversion to contractor performance as 

part of the Human Resources Lines of Business initiative. 

(b) The report required by this section shall address the following: 

(1) The role, if any, that public-private competitions under 

Circular A–76 or direct conversions to contractor performance 

are expected to play as part of the Human Resources Lines 

of Business initiative. 

(2) The expected impact, if any, of the initiative on employment levels at the Federal agencies involved or across the 

Federal Government as a whole. 

Website. 

5 USC app. 6 

note. 


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PUBLIC LAW 110–161—DEC. 26, 2007 121 STAT. 2035 

(3) An estimate of the annual and recurring savings the 

initiative is expected to generate and a description of the methodology used to derive that estimate. 

(4) An estimate of the total transition costs attributable 

to the initiative. 

(5) Guidance for use by agencies in evaluating the benefits 

of the initiative and in developing alternative strategies should 

expected benefits fail to materialize. 

(c) The Director of the Office of Management and Budget shall 

provide a copy of the report to the Government Accountability 

Office at the same time the report is submitted to the Committees 

on Appropriations of the House of Representatives and the Senate. 

The Government Accountability Office shall review the report and 

brief the Committees on its views concerning the report within 

45 days after receiving the report from the Director. 

SEC. 748. No later than 180 days after enactment of this 

Act, the Office of Management and Budget shall establish a pilot 

program to develop and implement an inventory to track the cost 

and size (in contractor manpower equivalents) of service contracts, 

particularly with respect to contracts that have been performed 

poorly by a contractor because of excessive costs or inferior quality, 

as determined by a contracting officer within the last five years, 

involve inherently governmental functions, or were undertaken 

without competition. The pilot program shall be established in 

at least three Cabinet-level departments, based on varying levels 

of annual contracting for services, as reported by the Federal 

Procurement Data System’s Federal Procurement Report for fiscal 

year 2005, including at least one Cabinet-level department that 

contracts out annually for $10,000,000,000 or more in services, 

at least one Cabinet-level department that contracts out annually 

for between $5,000,000,000 and $9,000,000,000 in services, and 

at least one Cabinet-level department that contracts out annually 

for under $5,000,000,000 in services. 

SEC. 749. Except as expressly provided otherwise, any reference 

to ‘‘this Act’’ contained in any title other than title IV or VIII 

shall not apply to such title IV or VIII. 

TITLE VIII 

GENERAL PROVISIONS—DISTRICT OF COLUMBIA 

SEC. 801. Whenever in this Act, an amount is specified within 

an appropriation for particular purposes or objects of expenditure, 

such amount, unless otherwise specified, shall be considered as 

the maximum amount that may be expended for said purpose 

or object rather than an amount set apart exclusively therefor. 

SEC. 802. Appropriations in this Act shall be available for 

expenses of travel and for the payment of dues of organizations 

concerned with the work of the District of Columbia government, 

when authorized by the Mayor, or, in the case of the Council 

of the District of Columbia, funds may be expended with the 

authorization of the Chairman of the Council. 

SEC. 803. There are appropriated from the applicable funds 

of the District of Columbia such sums as may be necessary for 

making refunds and for the payment of legal settlements or judgments that have been entered against the District of Columbia 

government. 

28 USC 461 note. 

Deadline. 

Records. 

41 USC 405 note. 

Records. 

Deadline. 


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121 STAT. 2036 PUBLIC LAW 110–161—DEC. 26, 2007 

SEC. 804. (a) None of the Federal funds provided in this Act 

shall be used for publicity or propaganda purposes or implementation of any policy including boycott designed to support or defeat 

legislation pending before Congress or any State legislature. 

(b) The District of Columbia may use local funds provided 

in this title to carry out lobbying activities on any matter. 

SEC. 805. (a) None of the funds provided under this Act to 

the agencies funded by this Act, both Federal and District government agencies, that remain available for obligation or expenditure 

in fiscal year 2008, or provided from any accounts in the Treasury 

of the United States derived by the collection of fees available 

to the agencies funded by this Act, shall be available for obligation 

or expenditures for an agency through a reprogramming of funds 

which— 

(1) creates new programs; 

(2) eliminates a program, project, or responsibility center; 

(3) establishes or changes allocations specifically denied, 

limited or increased under this Act; 

(4) increases funds or personnel by any means for any 

program, project, or responsibility center for which funds have 

been denied or restricted; 

(5) reestablishes any program or project previously deferred 

through reprogramming; 

(6) augments any existing program, project, or responsibility center through a reprogramming of funds in excess of 

$3,000,000 or 10 percent, whichever is less; or 

(7) increases by 20 percent or more personnel assigned 

to a specific program, project or responsibility center, 

unless in the case of Federal funds, the Committees on Appropriations of the House of Representatives and Senate are notified in 

writing 15 days in advance of the reprogramming and in the case 

of local funds, the Committees on Appropriations of the House 

of Representatives and Senate are provided summary reports on 

April 1, 2008 and October 1, 2008, setting forth detailed information 

regarding each such local funds reprogramming conducted subject 

to this subsection. 

(b) None of the local funds contained in this Act may be available for obligation or expenditure for an agency through a transfer 

of any local funds in excess of $3,000,000 from one appropriation 

heading to another unless the Committees on Appropriations of 

the House of Representatives and Senate are provided summary 

reports on April 1, 2008 and October 1, 2008, setting forth detailed 

information regarding each reprogramming conducted subject to 

this subsection, except that in no event may the amount of any 

funds transferred exceed 4 percent of the local funds in the appropriations. 

(c) The District of Columbia Government is authorized to 

approve and execute reprogramming and transfer requests of local 

funds under this title through December 1, 2008. 

SEC. 806. Consistent with the provisions of section 1301(a) 

of title 31, United States Code, appropriations under this Act shall 

be applied only to the objects for which the appropriations were 

made except as otherwise provided by law. 

SEC. 807. Notwithstanding section 8344(a) of title 5, United 

States Code, the amendment made by section 2 of the District 

Government Reemployed Annuitant Offset Elimination Amendment 

Act of 2004 (D.C. Law 15–207) shall apply with respect to any 

Notice. 

Deadlines. 

Reports. 


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PUBLIC LAW 110–161—DEC. 26, 2007 121 STAT. 2037 

individual employed in an appointive or elective position with the 

District of Columbia government after December 7, 2004. 

SEC. 808. No later than 30 days after the end of the first 

quarter of fiscal year 2008, the Mayor of the District of Columbia 

shall submit to the Council of the District of Columbia and the 

Committees on Appropriations of the House of Representatives and 

Senate the new fiscal year 2008 revenue estimates as of the end 

of such quarter. These estimates shall be used in the budget request 

for fiscal year 2009. The officially revised estimates at midyear 

shall be used for the midyear report. 

SEC. 809. None of the Federal funds provided in this Act may 

be used by the District of Columbia to provide for salaries, expenses, 

or other costs associated with the offices of United States Senator 

or United States Representative under section 4(d) of the District 

of Columbia Statehood Constitutional Convention Initiatives of 1979 

(D.C. Law 3–171; D.C. Official Code, sec. 1–123). 

SEC. 810. None of the Federal funds made available in this 

Act may be used to implement or enforce the Health Care Benefits 

Expansion Act of 1992 (D.C. Law 9–114; D.C. Official Code, sec. 

32–701 et seq.) or to otherwise implement or enforce any system 

of registration of unmarried, cohabiting couples, including but not 

limited to registration for the purpose of extending employment, 

health, or governmental benefits to such couples on the same basis 

that such benefits are extended to legally married couples. 

SEC. 811. (a) Notwithstanding any other provision of this Act, 

the Mayor, in consultation with the Chief Financial Officer of the 

District of Columbia may accept, obligate, and expend Federal, 

private, and other grants received by the District government that 

are not reflected in the amounts appropriated in this Act. 

(b)(1) No such Federal, private, or other grant may be obligated, 

or expended pursuant to subsection (a) until— 

(A) the Chief Financial Officer of the District of Columbia 

submits to the Council a report setting forth detailed information regarding such grant; and 

(B) the Council has reviewed and approved the obligation, 

and expenditure of such grant. 

(2) For purposes of paragraph (1)(B), the Council shall be 

deemed to have reviewed and approved the obligation, and expenditure of a grant if— 

(A) no written notice of disapproval is filed with the Secretary of the Council within 14 calendar days of the receipt 

of the report from the Chief Financial Officer under paragraph 

(1)(A); or 

(B) if such a notice of disapproval is filed within such 

deadline, the Council does not by resolution disapprove the 

obligation, or expenditure of the grant within 30 calendar days 

of the initial receipt of the report from the Chief Financial 

Officer under paragraph (1)(A). 

(c) No amount may be obligated or expended from the general 

fund or other funds of the District of Columbia government in 

anticipation of the approval or receipt of a grant under subsection 

(b)(2) or in anticipation of the approval or receipt of a Federal, 

private, or other grant not subject to such subsection. 

(d) The Chief Financial Officer of the District of Columbia 

may adjust the budget for Federal, private, and other grants 

Notice. 

Deadlines. 

Reports. 

Cohabiting 

couples. 

Deadline. 


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121 STAT. 2038 PUBLIC LAW 110–161—DEC. 26, 2007 

received by the District government reflected in the amounts appropriated in this title, or approved and received under subsection 

(b)(2) to reflect a change in the actual amount of the grant. 

(e) The Chief Financial Officer of the District of Columbia 

shall prepare a quarterly report setting forth detailed information 

regarding all Federal, private, and other grants subject to this 

section. Each such report shall be submitted to the Council of 

the District of Columbia and to the Committees on Appropriations 

of the House of Representatives and Senate not later than 15 

days after the end of the quarter covered by the report. 

SEC. 812. (a) Except as otherwise provided in this section, 

none of the funds made available by this Act or by any other 

Act may be used to provide any officer or employee of the District 

of Columbia with an official vehicle unless the officer or employee 

uses the vehicle only in the performance of the officer’s or employee’s 

official duties. For purposes of this paragraph, the term ‘‘official 

duties’’ does not include travel between the officer’s or employee’s 

residence and workplace, except in the case of— 

(1) an officer or employee of the Metropolitan Police Department who resides in the District of Columbia or is otherwise 

designated by the Chief of the Department; 

(2) at the discretion of the Fire Chief, an officer or employee 

of the District of Columbia Fire and Emergency Medical Services Department who resides in the District of Columbia and 

is on call 24 hours a day or is otherwise designated by the 

Fire Chief; 

(3) at the discretion of the Director of the Department 

of Corrections, an officer or employee of the District of Columbia 

Department of Corrections who resides in the District of 

Columbia and is on call 24 hours a day or is otherwise designated by the Director; 

(4) the Mayor of the District of Columbia; and 

(5) the Chairman of the Council of the District of Columbia. 

(b) The Chief Financial Officer of the District of Columbia 

shall submit by March 1, 2008, an inventory, as of September 

30, 2007, of all vehicles owned, leased or operated by the District 

of Columbia government. The inventory shall include, but not be 

limited to, the department to which the vehicle is assigned; the 

year and make of the vehicle; the acquisition date and cost; the 

general condition of the vehicle; annual operating and maintenance 

costs; current mileage; and whether the vehicle is allowed to be 

taken home by a District officer or employee and if so, the officer 

or employee’s title and resident location. 

SEC. 813. (a) None of the Federal funds contained in this 

Act may be used by the District of Columbia Corporation Counsel 

or any other officer or entity of the District government to provide 

assistance for any petition drive or civil action which seeks to 

require Congress to provide for voting representation in Congress 

for the District of Columbia. 

(b) Nothing in this section bars the District of Columbia Corporation Counsel from reviewing or commenting on briefs in private 

lawsuits, or from consulting with officials of the District government 

regarding such lawsuits. 

SEC. 814. None of the Federal funds contained in this Act 

may be used for any program of distributing sterile needles or 

syringes for the hypodermic injection of any illegal drug. 

Needle 

distribution. 

Voting rights. 

Deadline. 

Records. 

Reports. 

Deadlines. 


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PUBLIC LAW 110–161—DEC. 26, 2007 121 STAT. 2039 

SEC. 815. None of the funds contained in this Act may be 

used after the expiration of the 60-day period that begins on the 

date of the enactment of this Act to pay the salary of any chief 

financial officer of any office of the District of Columbia government 

(including any independent agency of the District of Columbia) 

who has not filed a certification with the Mayor and the Chief 

Financial Officer of the District of Columbia that the officer understands the duties and restrictions applicable to the officer and 

the officer’s agency as a result of this Act (and the amendments 

made by this Act), including any duty to prepare a report requested 

either in the Act or in any of the reports accompanying the Act 

and the deadline by which each report must be submitted: Provided, 

That the Chief Financial Officer of the District of Columbia shall 

provide to the Committees on Appropriations of the House of Representatives and Senate by April 1, 2008 and October 1, 2008, 

a summary list showing each report, the due date, and the date 

submitted to the Committees. 

SEC. 816. Nothing in this Act may be construed to prevent 

the Council or Mayor of the District of Columbia from addressing 

the issue of the provision of contraceptive coverage by health insurance plans, but it is the intent of Congress that any legislation 

enacted on such issue should include a ‘‘conscience clause’’ which 

provides exceptions for religious beliefs and moral convictions. 

SEC. 817. The Mayor of the District of Columbia shall submit 

to the Committees on Appropriations of the House of Representatives and Senate, the Committee on Oversight and Government 

Reform of the House of Representatives, and the Committee on 

Homeland Security and Governmental Affairs of the Senate annual 

reports addressing— 

(1) crime, including the homicide rate, implementation of 

community policing, the number of police officers on local beats, 

and the closing down of open-air drug markets; 

(2) access to substance and alcohol abuse treatment, 

including the number of treatment slots, the number of people 

served, the number of people on waiting lists, and the effectiveness of treatment programs; 

(3) management of parolees and pre-trial violent offenders, 

including the number of halfway houses escapes and steps 

taken to improve monitoring and supervision of halfway house 

residents to reduce the number of escapes to be provided in 

consultation with the Court Services and Offender Supervision 

Agency for the District of Columbia; 

(4) education, including access to special education services 

and student achievement to be provided in consultation with 

the District of Columbia Public Schools and the District of 

Columbia public charter schools; 

(5) improvement in basic District services, including rat 

control and abatement; 

(6) application for and management of Federal grants, 

including the number and type of grants for which the District 

was eligible but failed to apply and the number and type 

of grants awarded to the District but for which the District 

failed to spend the amounts received; and 

(7) indicators of child well-being. 

SEC. 818. (a) No later than 30 calendar days after the date 

of the enactment of this Act, the Chief Financial Officer of the 

District of Columbia shall submit to the appropriate committees 

Deadline. 

Budget. 

Reports. 

Contraceptives. 

Deadlines. 

Records. 

Effective date. 


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121 STAT. 2040 PUBLIC LAW 110–161—DEC. 26, 2007 

of Congress, the Mayor, and the Council of the District of Columbia 

a revised appropriated funds operating budget in the format of 

the budget that the District of Columbia government submitted 

pursuant to section 442 of the District of Columbia Home Rule 

Act (D.C. Official Code, sec. 1–204.42), for all agencies of the District 

of Columbia government for fiscal year 2008 that is in the total 

amount of the approved appropriation and that realigns all budgeted data for personal services and other-than-personal-services, 

respectively, with anticipated actual expenditures. 

(b) This section shall apply only to an agency where the Chief 

Financial Officer of the District of Columbia certifies that a reallocation is required to address unanticipated changes in program 

requirements. 

SEC. 819. (a) None of the funds contained in this Act may 

be made available to pay— 

(1) the fees of an attorney who represents a party in 

an action or an attorney who defends an action brought against 

the District of Columbia Public Schools under the Individuals 

with Disabilities Education Act (20 U.S.C. 1400 et seq.) in 

excess of $4,000 for that action; or 

(2) the fees of an attorney or firm whom the Chief Financial 

Officer of the District of Columbia determines to have a pecuniary interest, either through an attorney, officer, or employee 

of the firm, in any special education diagnostic services, schools, 

or other special education service providers. 

(b) In this section, the term ‘‘action’’ includes an administrative 

proceeding and any ensuing or related proceedings before a court 

of competent jurisdiction. 

SEC. 820. The amount appropriated by this title may be 

increased by no more than $100,000,000 from funds identified in 

the comprehensive annual financial report as the District’s fiscal 

year 2007 unexpended general fund surplus. The District may obligate and expend these amounts only in accordance with the following conditions: 

(1) The Chief Financial Officer of the District of Columbia 

shall certify that the use of any such amounts is not anticipated 

to have a negative impact on the District’s long-term financial, 

fiscal, and economic vitality. 

(2) The District of Columbia may only use these funds 

for the following expenditures: 

(A) One-time expenditures. 

(B) Expenditures to avoid deficit spending. 

(C) Debt Reduction. 

(D) Program needs. 

(E) Expenditures to avoid revenue shortfalls. 

(3) The amounts shall be obligated and expended in accordance with laws enacted by the Council in support of each 

such obligation or expenditure. 

(4) The amounts may not be used to fund the agencies 

of the District of Columbia government under court ordered 

receivership. 

(5) The amounts may not be obligated or expended unless 

the Mayor notifies the Committees on Appropriations of the 

House of Representatives and Senate not fewer than 30 days 

in advance of the obligation or expenditure. 

Notification. 

Deadline. 

Certification. 

Applicability. 


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PUBLIC LAW 110–161—DEC. 26, 2007 121 STAT. 2041 

SEC. 821. (a) To account for an unanticipated growth of revenue 

collections, the amount appropriated as District of Columbia Funds 

pursuant to this Act may be increased— 

(1) by an aggregate amount of not more than 25 percent, 

in the case of amounts proposed to be allocated as ‘‘OtherType Funds’’ in the Fiscal Year 2008 Proposed Budget and 

Financial Plan submitted to Congress by the District of 

Columbia; and 

(2) by an aggregate amount of not more than 6 percent, 

in the case of any other amounts proposed to be allocated 

in such Proposed Budget and Financial Plan. 

(b) The District of Columbia may obligate and expend any 

increase in the amount of funds authorized under this section 

only in accordance with the following conditions: 

(1) The Chief Financial Officer of the District of Columbia 

shall certify— 

(A) the increase in revenue; and 

(B) that the use of the amounts is not anticipated 

to have a negative impact on the long-term financial, fiscal, 

or economic health of the District. 

(2) The amounts shall be obligated and expended in accordance with laws enacted by the Council of the District of 

Columbia in support of each such obligation and expenditure, 

consistent with the requirements of this Act. 

(3) The amounts may not be used to fund any agencies 

of the District government operating under court-ordered 

receivership. 

(4) The amounts may not be obligated or expended unless 

the Mayor has notified the Committees on Appropriations of 

the House of Representatives and Senate not fewer than 30 

days in advance of the obligation or expenditure. 

SEC. 822. The Chief Financial Officer for the District of 

Columbia may, for the purpose of cash flow management, conduct 

short-term borrowing from the emergency reserve fund and from 

the contingency reserve fund established under section 450A of 

the District of Columbia Home Rule Act (Public Law 98–198): 

Provided, That the amount borrowed shall not exceed 50 percent 

of the total amount of funds contained in both the emergency 

and contingency reserve funds at the time of borrowing: Provided 

further, That the borrowing shall not deplete either fund by more 

than 50 percent: Provided further, That 100 percent of the funds 

borrowed shall be replenished within 9 months of the time of 

the borrowing or by the end of the fiscal year, whichever occurs 

earlier: Provided further, That in the event that short-term borrowing has been conducted and the emergency or the contingency 

funds are later depleted below 50 percent as a result of an emergency or contingency, an amount equal to the amount necessary 

to restore reserve levels to 50 percent of the total amount of funds 

contained in both the emergency and contingency reserve fund 

must be replenished from the amount borrowed within 60 days. 

SEC. 823. (a) None of the funds contained in this Act may 

be used to enact or carry out any law, rule, or regulation to legalize 

or otherwise reduce penalties associated with the possession, use, 

or distribution of any schedule I substance under the Controlled 

Substances Act (21 U.S.C. 801 et seq.) or any tetrahydrocannabinols 

derivative. 

Drugs and drug 

abuse. 

Contingency 

funds. 

Notification. 

Deadline. 

Certification. 


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121 STAT. 2042 PUBLIC LAW 110–161—DEC. 26, 2007 

(b) The Legalization of Marijuana for Medical Treatment Initiative of 1998, also known as Initiative 59, approved by the electors 

of the District of Columbia on November 3, 1998, shall not take 

effect. 

SEC. 824. None of the funds appropriated under this Act shall 

be expended for any abortion except where the life of the mother 

would be endangered if the fetus were carried to term or where 

the pregnancy is the result of an act of rape or incest. 

SEC. 825. (a) DIRECT APPROPRIATION.—Section 307(a) of the 

District of Columbia Court Reform and Criminal Procedure Act 

of 1970 (sec. 2–1607(a), D.C. Official Code) is amended by striking 

the first 2 sentences and inserting the following: ‘‘There are authorized to be appropriated to the Service in each fiscal year such 

funds as may be necessary to carry out this chapter.’’. 

(b) CONFORMING AMENDMENT.—Section 11233 of the Balanced 

Budget Act of 1997 (sec. 24–133, D.C. Official Code) is amended 

by striking subsection (f). 

(e) EFFECTIVE DATE.—The amendments made by this section 

shall apply with respect to fiscal year 2008 and each succeeding 

fiscal year. 

SEC. 826. Amounts appropriated in this Act as operating funds 

may be transferred to the District of Columbia’s enterprise and 

capital funds and such amounts, once transferred shall retain appropriation authority consistent with the provisions of this Act. 

SEC. 827. In fiscal year 2008 and thereafter, amounts deposited 

in the Student Enrollment Fund shall be available for expenditure 

upon deposit and shall remain available until expended consistent 

with the terms detailed in ‘‘The Student Funding Formula Assessment, Educational Data Warehouse, and Enrollment Fund 

Establishment Amendment Act of 2007’’ (title IV–D of D.C. Law 

L17–0020) and the entire provisions of that Act are incorporated 

herein by reference. 

SEC. 828. Except as expressly provided otherwise, any reference 

to ‘‘this Act’’ contained in this title or in title IV shall be treated 

as referring only to the provisions of this title or of title IV. 

This division may be cited as the ‘‘Financial Services and General Government Appropriations Act, 2008’’. 

DIVISION E—DEPARTMENT OF HOMELAND SECURITY 

APPROPRIATIONS ACT, 2008 

TITLE I 

DEPARTMENT OF HOMELAND SECURITY 

DEPARTMENTAL MANAGEMENT AND OPERATIONS 

OFFICE OF THE SECRETARY AND EXECUTIVE MANAGEMENT

For necessary expenses of the Office of the Secretary of Homeland Security, as authorized by section 102 of the Homeland Security Act of 2002 (6 U.S.C. 112), and executive management of 

the Department of Homeland Security, as authorized by law, 

$97,353,000: Provided, That not to exceed $40,000 shall be for 

official reception and representation expenses: Provided further, That $15,000,000 shall not be available for obligation until the 

Secretary (1) certifies and reports to the Committees on Appropriations of the Senate and the House of Representatives that the 

Certification. 

Reports. 

Records. 

Deadline. 

Department of 

Homeland 

Security 

Appropriations 

Act, 2008. 

Incorporation by 

reference. 

Abortion. 


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Department has revised Departmental guidance with respect to 

relations with the Government Accountability Office to specifically 

provide for: (a) expedited timeframes for providing the Government 

Accountability Office with access to records within 20 days from 

the date of request; (b) expedited timeframes for interviews of 

program officials by the Government Accountability Office after 

reasonable notice has been furnished to the Department by the 

Government Accountability Office; and (c) a significant streamlining 

of the review process for documents and interview requests by 

liaisons, counsel, and program officials, consistent with the objective 

that the Government Accountability Office be given timely and 

complete access to documents and agency officials; and (2) defines 

in a memorandum to all Department employees the roles and 

responsibilities of the Department of Homeland Security Inspector 

General: Provided further, That the Secretary shall make the revisions to Departmental guidance with respect to relations with the 

Government Accountability Office in consultation with the Comptroller General of the United States and issue departmental guidance with respect to relations with the Department of Homeland 

Security Inspector General in consultation with the Inspector General: Provided further, That not more than 75 percent of the funds 

provided under this heading shall be obligated prior to the submission of the first quarterly report on progress to improve and modernize efforts to remove criminal aliens judged deportable from 

the United States. 

OFFICE OF THE UNDER SECRETARY FOR MANAGEMENT

For necessary expenses of the Office of the Under Secretary 

for Management, as authorized by sections 701 through 705 of 

the Homeland Security Act of 2002 (6 U.S.C. 341 through 345), 

$150,238,000, of which not to exceed $3,000 shall be for official 

reception and representation expenses: Provided, That of the total 

amount, $6,000,000 shall remain available until expended solely 

for the alteration and improvement of facilities, tenant improvements, and relocation costs to consolidate Department headquarters 

operations. 

OFFICE OF THE CHIEF FINANCIAL OFFICER

For necessary expenses of the Office of the Chief Financial 

Officer, as authorized by section 103 of the Homeland Security 

Act of 2002 (6 U.S.C. 113), $31,300,000. 

OFFICE OF THE CHIEF INFORMATION OFFICER

For necessary expenses of the Office of the Chief Information 

Officer, as authorized by section 103 of the Homeland Security 

Act of 2002 (6 U.S.C. 113), and Department-wide technology investments, $295,200,000; of which $81,000,000 shall be available for 

salaries and expenses; and of which $214,200,000, to remain available until expended, shall be available for development and acquisition of information technology equipment, software, services, and 

related activities for the Department of Homeland Security, of which 

not less than $36,800,000 shall be available, as requested in the 

President’s Fiscal Year 2008 Budget, for Department of Homeland 

Security data center development and an additional $35,500,000 

shall be available for further construction of the National Center 


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for Critical Information Processing and Storage: Provided, That 

none of the funds appropriated shall be used to support or supplement the appropriations provided for the United States Visitor 

and Immigrant Status Indicator Technology project or the Automated Commercial Environment: Provided further, That the Chief 

Information Officer shall submit to the Committees on Appropriations of the Senate and the House of Representatives, not more 

than 60 days after the date of enactment of this Act, an expenditure 

plan for all information technology acquisition projects that: (1) 

are funded under this heading; or (2) are funded by multiple components of the Department of Homeland Security through reimbursable agreements: Provided further, That such expenditure plan 

shall include each specific project funded, key milestones, all 

funding sources for each project, details of annual and lifecycle 

costs, and projected cost savings or cost avoidance to be achieved 

by the project. 

ANALYSIS AND OPERATIONS

(INCLUDING RESCISSION OF FUNDS) 

For necessary expenses for information analysis and operations 

coordination activities, as authorized by title II of the Homeland 

Security Act of 2002 (6 U.S.C. 121 et seq.), $306,000,000, to remain 

available until September 30, 2009, of which not to exceed $5,000 

shall be for official reception and representation expenses: Provided, 

That of the amounts made available under this heading in Public 

Law 109–295, $8,700,000 are rescinded. 

OFFICE OF THE FEDERAL COORDINATOR FOR GULF COAST

REBUILDING

For necessary expenses of the Office of the Federal Coordinator 

for Gulf Coast Rebuilding, $2,700,000: Provided, That $1,000,000 

shall not be available for obligation until the Committees on Appropriations of the Senate and the House of Representatives receive 

an expenditure plan for fiscal year 2008. 

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 

(5 U.S.C. App.), $92,711,000, of which not to exceed $150,000 may 

be used for certain confidential operational expenses, including 

the payment of informants, to be expended at the direction of 

the Inspector General. 

TITLE II 

SECURITY, ENFORCEMENT, AND INVESTIGATIONS 

U.S. CUSTOMS AND BORDER PROTECTION

SALARIES AND EXPENSES

For necessary expenses for enforcement of laws relating to 

border security, immigration, customs, and agricultural inspections 

and regulatory activities related to plant and animal imports; purchase and lease of up to 4,500 (2,300 for replacement only) policeDeadline. 

Expenditure 

plan. 


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type vehicles; and contracting with individuals for personal services 

abroad; $6,802,560,000, of which $3,093,000 shall be derived from 

the Harbor Maintenance Trust Fund for administrative expenses 

related to the collection of the Harbor Maintenance Fee pursuant 

to section 9505(c)(3) of the Internal Revenue Code of 1986 (26 

U.S.C. 9505(c)(3)) and notwithstanding section 1511(e)(1) of the 

Homeland Security Act of 2002 (6 U.S.C. 551(e)(1)); of which not 

to exceed $45,000 shall be for official reception and representation 

expenses; of which not less than $226,740,000 shall be for Air 

and Marine Operations; of which $13,000,000 shall be used to 

procure commercially available technology in order to expand and 

improve the risk-based approach of the Department of Homeland 

Security to target and inspect cargo containers under the Secure 

Freight Initiative and the Global Trade Exchange; of which such 

sums as become available in the Customs User Fee Account, except 

sums subject to section 13031(f)(3) of the Consolidated Omnibus 

Budget Reconciliation Act of 1985 (19 U.S.C. 58c(f)(3)), shall be 

derived from that account; of which not to exceed $150,000 shall 

be available for payment for rental space in connection with 

preclearance operations; and of which not to exceed $1,000,000 

shall be for awards of compensation to informants, to be accounted 

for solely under the certificate of the Secretary of Homeland Security: Provided, That of the amount provided under this heading, 

$323,000,000 is designated as described in section 5 (in the matter 

preceding division A of this consolidated Act): Provided further, 

That for fiscal year 2008, the overtime limitation prescribed in 

section 5(c)(1) of the Act of February 13, 1911 (19 U.S.C. 267(c)(1)) 

shall be $35,000; and notwithstanding any other provision of law, 

none of the funds appropriated by this Act may be available to 

compensate any employee of U.S. Customs and Border Protection 

for overtime, from whatever source, in an amount that exceeds 

such limitation, except in individual cases determined by the Secretary of Homeland Security, or the designee of the Secretary, 

to be necessary for national security purposes, to prevent excessive 

costs, or in cases of immigration emergencies: Provided further, 

That of the amount made available under this heading, 

$202,816,000 shall remain available until September 30, 2009, to 

support software development, equipment, contract services, and 

the implementation of inbound lanes and modification to vehicle 

primary processing lanes at ports of entry; of which $100,000 is 

to promote information and education exchange with nations 

friendly to the United States in order to promote sharing of best 

practices and technologies relating to homeland security, as authorized by section 879 of Public Law 107–296; and of which $75,000,000 

may not be obligated until the Committees on Appropriations of 

the Senate and the House of Representatives receive a report not 

later than 120 days after the date of enactment of this Act on 

the preliminary results of testing of pilots at ports of entry used 

to develop and implement the plan required by section 7209(b)(1) 

of the Intelligence Reform and Terrorism Prevention Act of 2004 

(Public Law 108–458; 8 U.S.C. 1185 note), which includes the 

following information: (1) infrastructure and staffing required, with 

associated costs, by port of entry; (2) updated milestones for plan 

implementation; (3) a detailed explanation of how requirements 

of such section have been satisfied; (4) confirmation that a vicinityread radio frequency identification card has been adequately tested 

Reports. 

Deadline. 


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to ensure operational success; and (5) a description of steps taken 

to ensure the integrity of privacy safeguards. 

AUTOMATION MODERNIZATION

For expenses for U.S. Customs and Border Protection automated systems, $476,609,000, to remain available until expended, 

of which not less than $316,969,000 shall be for the development 

of the Automated Commercial Environment: Provided, That of the 

total amount made available under this heading, $216,969,000 may 

not be obligated for the Automated Commercial Environment program until 30 days after the Committees on Appropriations of 

the Senate and the House of Representatives receive a report on 

the results to date and plans for the program from the Department 

of Homeland Security that includes: 

(1) a detailed accounting of the program’s progress up 

to the date of the report in meeting prior commitments made 

to the Committees relative to system capabilities or services, 

system performance levels, mission benefits and outcomes, milestones, cost targets, and program management capabilities; 

(2) an explicit plan of action defining how all funds are 

to be obligated to meet future program commitments, with 

the planned expenditure of funds linked to the milestone-based 

delivery of specific capabilities, services, performance levels, 

mission benefits and outcomes, and program management 

capabilities; 

(3) a listing of all open Government Accountability Office 

and Office of Inspector General recommendations related to 

the program, with the status of the Department’s efforts to 

address the recommendations, including milestones for fully 

addressing them; 

(4) a certification by the Chief Procurement Officer of the 

Department that the program has been reviewed and approved 

in accordance with the investment management process of the 

Department, and that the process fulfills all capital planning 

and investment control requirements and reviews established 

by the Office of Management and Budget, including Circular 

A–11, part 7, as well as supporting analyses generated by 

and used in the Department’s process; 

(5) a certification by the Chief Information Officer of the 

Department that an independent validation and verification 

agent has and will continue to actively review the program; 

(6) a certification by the Chief Information Officer of the 

Department that the system architecture of the program is 

sufficiently aligned with the information systems enterprise 

architecture of the Department to minimize future rework, 

including a description of all aspects of the architectures that 

were and were not assessed in making the alignment determination, the date of the alignment determination, any known 

areas of misalignment along with the associated risks and 

corrective actions to address any such areas; 

(7) a certification by the Chief Information Officer of the 

Department that the program has a risk management process 

that regularly and proactively identifies, evaluates, mitigates, 

and monitors risks throughout the system life cycle, and 

communicates high-risk conditions to U.S. Customs and Border 

Protection and Department of Homeland Security investment 

Deadline. 

Reports. 


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decision makers, as well as a listing of the program’s high 

risks and the status of efforts to address them; 

(8) a certification by the Chief Procurement Officer of the 

Department that the plans for the program comply with the 

Federal acquisition rules, requirements, guidelines, and practices, and a description of the actions being taken to address 

areas of non-compliance, the risks associated with them along 

with any plans for addressing these risks and the status of 

their implementation; and 

(9) a certification by the Chief Human Capital Officer of 

the Department that the human capital needs of the program 

are being strategically and proactively managed, and that current human capital capabilities are sufficient to execute the 

plans discussed in the report. 

BORDER SECURITY FENCING, INFRASTRUCTURE, AND TECHNOLOGY

For expenses for customs and border protection fencing, infra- structure, and technology, $1,225,000,000, to remain available until 

expended: Provided, That of the amount provided under this heading, $1,053,000,000 is designated as described in section 5 

(in the matter preceding division A of this consolidated Act): Provided further, That of the amount provided under this heading, $650,000,000 shall not be obligated until the Committees on Appropriations of the Senate and the House of Representatives receive 

and approve a plan for expenditure, prepared by the Secretary 

of Homeland Security and submitted within 90 days after the 

date of enactment of this Act, for a program to establish a security 

barrier along the borders of the United States of fencing and vehicle 

barriers, where practicable, and other forms of tactical infrastructure and technology, that includes: 

(1) a detailed accounting of the program’s progress to date 

relative to system capabilities or services, system performance 

levels, mission benefits and outcomes, milestones, cost targets, 

program management capabilities, identification of the maximum investment (including lifecycle costs) required by the 

Secure Border Initiative network or any successor contract, 

and description of the methodology used to obtain these cost 

figures; 

(2) a description of how activities will further the objectives 

of the Secure Border Initiative, as defined in the Secure Border 

Initiative multi-year strategic plan, and how the plan allocates 

funding to the highest priority border security needs; 

(3) an explicit plan of action defining how all funds are 

to be obligated to meet future program commitments, with 

the planned expenditure of funds linked to the milestone-based 

delivery of specific capabilities, services, performance levels, 

mission benefits and outcomes, and program management 

capabilities; 

(4) an identification of staffing (including full-time equivalents, contractors, and detailees) requirements by activity; 

(5) a description of how the plan addresses security needs 

at the Northern Border and the ports of entry, including infrastructure, technology, design and operations requirements; 

(6) a report on costs incurred, the activities completed, 

and the progress made by the program in terms of obtaining 

operational control of the entire border of the United States; 

Deadline. 

Expenditure 

plan. 


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(7) a listing of all open Government Accountability Office 

and Office of Inspector General recommendations related to 

the program and the status of Department of Homeland Security actions to address the recommendations, including milestones to fully address them; 

(8) a certification by the Chief Procurement Officer of the 

Department that the program has been reviewed and approved 

in accordance with the investment management process of the 

Department, and that the process fulfills all capital planning 

and investment control requirements and reviews established 

by the Office of Management and Budget, including Circular 

A–11, part 7; 

(9) a certification by the Chief Information Officer of the 

Department that the system architecture of the program is 

sufficiently aligned with the information systems enterprise 

architecture of the Department to minimize future rework, 

including a description of all aspects of the architectures that 

were and were not assessed in making the alignment determination, the date of the alignment determination, and any 

known areas of misalignment along with the associated risks 

and corrective actions to address any such areas; 

(10) a certification by the Chief Procurement Officer of 

the Department that the plans for the program comply with 

the Federal acquisition rules, requirements, guidelines, and 

practices, and a description of the actions being taken to 

address areas of non-compliance, the risks associated with them 

along with any plans for addressing these risks, and the status 

of their implementation; 

(11) a certification by the Chief Information Officer of the 

Department that the program has a risk management process 

that regularly and proactively identifies, evaluates, mitigates, 

and monitors risks throughout the system life cycle and communicates high-risk conditions to U.S. Customs and Border Protection and Department of Homeland Security investment decision 

makers, as well as a listing of all the program’s high risks 

and the status of efforts to address them; 

(12) a certification by the Chief Human Capital Officer 

of the Department that the human capital needs of the program 

are being strategically and proactively managed, and that current human capital capabilities are sufficient to execute the 

plans discussed in the report; 

(13) an analysis by the Secretary for each segment, defined 

as no more than 15 miles, of fencing or tactical infrastructure, 

of the selected approach compared to other, alternative means 

of achieving operational control; such analysis should include 

cost, level of operational control, possible unintended effects 

on communities, and other factors critical to the decision 

making process; 

(14) a certification by the Chief Procurement Officer of 

the Department of Homeland Security that procedures to prevent conflicts of interest between the prime integrator and 

major subcontractors are established and that the Secure 

Border Initiative Program Office has adequate staff and 

resources to effectively manage the Secure Border Initiative 

program, Secure Border Initiative network contract, and any 

related contracts, including the exercise of technical oversight, 

and a certification by the Chief Information Officer of the 


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Department of Homeland Security that an independent 

verification and validation agent is currently under contract 

for the projects funded under this heading; and 

(15) is reviewed by the Government Accountability Office: 

Provided further, That the Secretary shall report to the Committees 

on Appropriations of the Senate and the House of Representatives 

on program progress to date and specific objectives to be achieved 

through the award of current and remaining task orders planned 

for the balance of available appropriations: (1) at least 30 days 

prior to the award of any task order requiring an obligation of 

funds in excess of $100,000,000; and (2) prior to the award of 

a task order that would cause cumulative obligations of funds 

to exceed 50 percent of the total amount appropriated: Provided 

further, That of the funds provided under this heading, not more 

than $2,000,000 shall be used to reimburse the Defense Acquisition 

University for the costs of conducting a review of the Secure Border 

Initiative network contract and determining how and whether the 

Department is employing the best procurement practices: Provided 

further, That none of the funds under this heading may be obligated 

for any project or activity for which the Secretary has exercised 

waiver authority pursuant to section 102(c) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 

1103 note) until 15 days have elapsed from the date of the publication of the decision in the Federal Register. 

AIR AND MARINE INTERDICTION, OPERATIONS, MAINTENANCE, AND

PROCUREMENT

For necessary expenses for the operations, maintenance, and 

procurement of marine vessels, aircraft, unmanned aircraft systems, 

and other related equipment of the air and marine program, 

including operational training and mission-related travel, and rental 

payments for facilities occupied by the air or marine interdiction 

and demand reduction programs, the operations of which include 

the following: the interdiction of narcotics and other goods; the 

provision of support to Federal, State, and local agencies in the 

enforcement or administration of laws enforced by the Department 

of Homeland Security; and at the discretion of the Secretary of 

Homeland Security, the provision of assistance to Federal, State, 

and local agencies in other law enforcement and emergency humanitarian efforts, $570,047,000, to remain available until expended: 

Provided, That of the amount provided under this heading, 

$94,000,000 is designated as described in section 5 (in the matter 

preceding division A of this consolidated Act): Provided further, 

That no aircraft or other related equipment, with the exception 

of aircraft that are one of a kind and have been identified as 

excess to U.S. Customs and Border Protection requirements and 

aircraft that have been damaged beyond repair, shall be transferred 

to any other Federal agency, department, or office outside of the 

Department of Homeland Security during fiscal year 2008 without 

the prior approval of the Committees on Appropriations of the 

Senate and the House of Representatives. 

Deadline. 

Federal Register, 

publication. 

Reports. 

Deadline. 


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CONSTRUCTION

For necessary expenses to plan, construct, renovate, equip, 

and maintain buildings and facilities necessary for the administration and enforcement of the laws relating to customs and immigration, $348,363,000, to remain available until expended; of which 

$39,700,000 shall be for the Advanced Training Center: Provided, 

That of the amount provided under this heading, $61,000,000 is 

designated as described in section 5 (in the matter preceding division A of this consolidated Act). 

U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT

SALARIES AND EXPENSES

For necessary expenses for enforcement of immigration and 

customs laws, detention and removals, and investigations; and purchase and lease of up to 3,790 (2,350 for replacement only) policetype vehicles; $4,687,517,000, of which not to exceed $7,500,000 

shall be available until expended for conducting special operations 

under section 3131 of the Customs Enforcement Act of 1986 (19 

U.S.C. 2081); of which not to exceed $15,000 shall be for official 

reception and representation expenses; of which not to exceed 

$1,000,000 shall be for awards of compensation to informants, to 

be accounted for solely under the certificate of the Secretary of 

Homeland Security; of which not less than $305,000 shall be for 

promotion of public awareness of the child pornography tipline 

and anti-child exploitation activities as requested by the President; 

of which not less than $5,400,000 shall be used to facilitate agreements consistent with section 287(g) of the Immigration and Nationality Act (8 U.S.C. 1357(g)); and of which not to exceed $11,216,000 

shall be available to fund or reimburse other Federal agencies 

for the costs associated with the care, maintenance, and repatriation 

of smuggled illegal aliens: Provided, That of the amount provided under this heading, $516,400,000 is designated as described in 

section 5 (in the matter preceding division A of this consolidated 

Act): Provided further, That none of the funds made available 

under this heading shall be available to compensate any employee 

for overtime in an annual amount in excess of $35,000, except 

that the Secretary of Homeland Security, or the designee of the 

Secretary, may waive that amount as necessary for national security 

purposes and in cases of immigration emergencies: Provided further, That of the total amount provided, $15,770,000 shall be for activities 

to enforce laws against forced child labor in fiscal year 2008, of 

which not to exceed $6,000,000 shall remain available until 

expended: Provided further, That of the total amount provided, 

not less than $2,381,401,000 is for detention and removal operations: Provided further, That of the total amount provided, 

$200,000,000 shall remain available until September 30, 2009, to 

improve and modernize efforts to identify aliens convicted of a 

crime, sentenced to imprisonment, and who may be deportable, 

and remove them from the United States once they are judged 

deportable: Provided further, That none of the funds made available 

to improve and modernize efforts to identify and remove aliens 

convicted of a crime, sentenced to imprisonment, and who may 

be deportable (in this proviso referred to as criminal aliens), and 

remove them from the United States once they are judged deportable, shall be obligated until the Committees on Appropriations 

Deadline. 

Expenditure 

plan. 


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of the Senate and the House of Representatives receive a plan 

for expenditure, prepared by the Secretary of Homeland Security 

and submitted within 90 days after the date of enactment of this 

Act, to modernize the policies and technologies used to identify 

and remove criminal aliens, that— 

(1) presents a strategy for U.S. Immigration and Customs 

Enforcement to identify every criminal alien, at the prison, 

jail, or correctional institution in which they are held; 

(2) establishes the process U.S. Immigration and Customs 

Enforcement, in conjunction with the U.S. Department of Justice, will use to make every reasonable effort to remove, upon 

their release from custody, all criminal aliens judged deportable; 

(3) presents a methodology U.S. Immigration and Customs 

Enforcement will use to identify and prioritize for removal 

criminal aliens convicted of violent crimes; 

(4) defines the activities, milestones, and resources for 

implementing the strategy and process described in sections 

(1) and (2); and 

(5) includes program measurements for progress in implementing the strategy and process described in sections (1) and 

(2): 

Provided further, That the Secretary of Homeland Security or a 

designee of the Secretary shall report to the Committees on Appropriations of the Senate and the House of Representatives, at least 

quarterly, on progress implementing the expenditure plan required 

in the preceding proviso, and the funds obligated during that 

quarter to make that progress: Provided further, That the funding 

and staffing resources necessary to carry out the strategy and 

process described in sections (1) and (2) under this heading shall 

be identified in the President’s fiscal year 2009 budget submission 

to Congress. 

FEDERAL PROTECTIVE SERVICE

The revenues and collections of security fees credited to this 

account shall be available until expended for necessary expenses 

related to the protection of federally-owned and leased buildings 

and for the operations of the Federal Protective Service: Provided, 

That the Secretary of Homeland Security and the Director of the 

Office of Management and Budget shall certify in writing to the 

Committees on Appropriations of the Senate and the House of 

Representatives no later than December 31, 2007, that the operations of the Federal Protective Service will be fully funded in 

fiscal year 2008 through revenues and collection of security fees, 

and shall adjust the fees to ensure fee collections are sufficient 

to ensure the Federal Protective Service maintains, by July 31, 

2008, not fewer than 1,200 full-time equivalent staff and 900 fulltime equivalent Police Officers, Inspectors, Area Commanders, and 

Special Agents who, while working, are directly engaged on a daily 

basis protecting and enforcing laws at Federal buildings (referred 

to as ‘‘in-service field staff’’). 

AUTOMATION MODERNIZATION

For expenses of immigration and customs enforcement automated systems, $30,700,000, to remain available until expended: 

Provided, That of the funds made available under this heading, Expenditure 

plan. 

Certification. 

Deadlines. 

Reports. 

Deadline. 


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$5,000,000 shall not be obligated until the Committees on Appropriations of the Senate and the House of Representatives receive 

a plan for expenditure prepared by the Secretary of Homeland 

Security. 

CONSTRUCTION

For necessary expenses to plan, construct, renovate, equip, 

and maintain buildings and facilities necessary for the administration and enforcement of the laws relating to customs and immigration, $16,500,000, to remain available until expended: Provided, 

That of the amount provided under this heading, $10,500,000 is 

designated as described in section 5 (in the matter preceding division A of this consolidated Act): Provided further, That none of 

the funds made available in this Act may be used to solicit or 

consider any request to privatize facilities currently owned by the 

United States Government and used to detain illegal aliens until 

the Committees on Appropriations of the Senate and the House 

of Representatives receive a plan for carrying out that privatization. 

TRANSPORTATION SECURITY ADMINISTRATION

AVIATION SECURITY

(INCLUDING TRANSFER OF FUNDS) 

For necessary expenses of the Transportation Security Administration related to providing civil aviation security services pursuant 

to the Aviation and Transportation Security Act (Public Law 107– 

71; 115 Stat. 597; 49 U.S.C. 40101 note), $4,808,691,000, to remain 

available until September 30, 2009, of which not to exceed $10,000 

shall be for official reception and representation expenses: Provided, 

That of the total amount made available under this heading, not 

to exceed $3,768,489,000 shall be for screening operations, of which 

$294,000,000 shall be available only for procurement and installation of checked baggage explosive detection systems; and not to 

exceed $1,009,977,000 shall be for aviation security direction and 

enforcement: Provided further, That security service fees authorized 

under section 44940 of title 49, United States Code, shall be credited 

to this appropriation as offsetting collections and shall be available 

only for aviation security: Provided further, That any funds collected 

and made available from aviation security fees pursuant to section 

44940(i) of title 49, United States Code, may, notwithstanding paragraph (4) of such section 44940(i), be expended for the purpose 

of improving screening at airport screening checkpoints, which may 

include the purchase and utilization of emerging technology equipment; the refurbishment and replacement of current equipment; 

the installation of surveillance systems to monitor checkpoint activities; the modification of checkpoint infrastructure to support checkpoint reconfigurations; and the creation of additional checkpoints 

to screen aviation passengers and airport personnel: Provided further, That of the amounts provided under this heading, $30,000,000 

may be transferred to the ‘‘Surface Transportation Security’’; 

‘‘Transportation Threat Assessment And Credentialing’’; and 

‘‘Transportation Security Support’’ appropriations in this Act for 

the purpose of implementing regulations and activities authorized 

in Implementing Recommendations of the 9/11 Commission Act 

Privatization 

plan. 


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of 2007 (Public Law 110–53): Provided further, That the sum appropriated under this heading from the general fund shall be reduced 

on a dollar-for-dollar basis as such offsetting collections are received 

during fiscal year 2008, so as to result in a final fiscal year appropriation from the general fund estimated at not more than 

$2,598,466,000: Provided further, That any security service fees 

collected in excess of the amount made available under this heading 

shall become available during fiscal year 2009: Provided further, 

That Members of the United States House of Representatives and 

United States Senate, including the leadership; and the heads of 

Federal agencies and commissions, including the Secretary, Under 

Secretaries, and Assistant Secretaries of the Department of Homeland Security; the United States Attorney General and Assistant 

Attorneys General and the United States attorneys; and senior 

members of the Executive Office of the President, including the 

Director of the Office of Management and Budget; shall not be 

exempt from Federal passenger and baggage screening. 

SURFACE TRANSPORTATION SECURITY

For necessary expenses of the Transportation Security Administration related to providing surface transportation security activities, $46,613,000, to remain available until September 30, 2009. 

TRANSPORTATION THREAT ASSESSMENT AND CREDENTIALING

For necessary expenses for the development and implementation of screening programs of the Office of Transportation Threat 

Assessment and Credentialing, $82,590,000, to remain available 

until September 30, 2009: Provided, That if the Assistant Secretary 

of Homeland Security (Transportation Security Administration) 

determines that the Secure Flight program does not need to check 

airline passenger names against the full terrorist watch list, then 

the Assistant Secretary shall certify to the Committees on Appropriations of the Senate and the House of Representatives that 

no significant security risks are raised by screening airline passenger names only against a subset of the full terrorist watch 

list. 

TRANSPORTATION SECURITY SUPPORT

For necessary expenses of the Transportation Security Administration related to providing transportation security support and 

intelligence pursuant to the Aviation and Transportation Security 

Act (Public Law 107–71; 115 Stat. 597; 49 U.S.C. 40101 note), 

$523,515,000, to remain available until September 30, 2009: Provided, That of the funds appropriated under this heading, 

$10,000,000 may not be obligated until the Secretary of Homeland 

Security submits to the Committees on Appropriations of the Senate 

and the House of Representatives detailed expenditure plans for 

checkpoint support and explosive detection systems refurbishment, 

procurement, and installations on an airport-by-airport basis for 

fiscal year 2008; and a strategic plan required for checkpoint technologies as described in the joint explanatory statement of managers 

accompanying the fiscal year 2007 conference report (H. Rept. 109– 

699): Provided further, That these plans shall be submitted no 

later than 60 days after the date of enactment of this Act. 

Deadline. 

Expenditure 

plan. 

Strategic plan. 

Explosive 

detection. 

Certification. 


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121 STAT. 2054 PUBLIC LAW 110–161—DEC. 26, 2007 

FEDERAL AIR MARSHALS

For necessary expenses of the Federal Air Marshals, 

$769,500,000. 

COAST GUARD

OPERATING EXPENSES

For necessary expenses for the operation and maintenance of 

the Coast Guard not otherwise provided for; purchase or lease 

of not to exceed 25 passenger motor vehicles, which shall be for 

replacement only; minor shore construction projects not exceeding 

$1,000,000 in total cost at any location; payments pursuant to 

section 156 of Public Law 97–377 (42 U.S.C. 402 note; 96 Stat. 

1920); and recreation and welfare; $5,891,347,000, of which 

$340,000,000 shall be for defense-related activities; of which 

$24,500,000 shall be derived from the Oil Spill Liability Trust 

Fund to carry out the purposes of section 1012(a)(5) of the Oil 

Pollution Act of 1990 (33 U.S.C. 2712(a)(5)); of which not to exceed 

$20,000 shall be for official reception and representation expenses; 

and of which $3,600,000 shall be for costs to plan and design 

an expansion to the Operations Systems Center subject to the 

approval of a prospectus: Provided, That none of the funds made 

available by this or any other Act shall be available for administrative expenses in connection with shipping commissioners in the 

United States: Provided further, That none of the funds made 

available by this Act shall be for expenses incurred for recreational 

vessels under section 12114 of title 46, United States Code, except 

to the extent fees are collected from yacht owners and credited 

to this appropriation: Provided further, That not to exceed 5 percent 

of this appropriation may be transferred to the ‘‘Acquisition, 

Construction, and Improvements’’ appropriation for personnel compensation and benefits and related costs to adjust personnel assignment to accelerate management and oversight of new or existing 

projects without detrimentally affecting the management and oversight of other projects: Provided further, That the amount made 

available for ‘‘Personnel, Compensation, and Benefits’’ in the 

‘‘Acquisition, Construction, and Improvements’’ appropriation shall 

not be increased by more than 10 percent by such transfers: Provided further, That the Committees on Appropriations of the Senate 

and the House of Representatives shall be notified of each transfer 

within 30 days after it is executed by the Treasury: Provided 

further, That of the amount provided under this heading, 

$70,300,000 is designated as described in section 5 (in the matter 

preceding division A of this consolidated Act). 

ENVIRONMENTAL COMPLIANCE AND RESTORATION

For necessary expenses to carry out the environmental compliance and restoration functions of the Coast Guard under chapter 

19 of title 14, United States Code, $13,000,000, to remain available 

until expended. 

RESERVE TRAINING

For necessary expenses of the Coast Guard Reserve, as authorized by law; operations and maintenance of the reserve program; 

Notification. 

Deadline. 


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PUBLIC LAW 110–161—DEC. 26, 2007 121 STAT. 2055 

personnel and training costs; and equipment and services; 

$126,883,000. 

ACQUISITION, CONSTRUCTION, AND IMPROVEMENTS

(INCLUDING RESCISSIONS OF FUNDS) 

For necessary expenses of acquisition, construction, renovation, 

and improvement of aids to navigation, shore facilities, vessels, 

and aircraft, including equipment related thereto; and maintenance, 

rehabilitation, lease and operation of facilities and equipment, as 

authorized by law; $1,125,083,000, of which $20,000,000 shall be 

derived from the Oil Spill Liability Trust Fund to carry out the 

purposes of section 1012(a)(5) of the Oil Pollution Act of 1990 

(33 U.S.C. 2712(a)(5)); of which $45,000,000 shall be available until 

September 30, 2012, to acquire, repair, renovate, or improve vessels, 

small boats, and related equipment; of which $173,100,000 shall 

be available until September 30, 2010, for other equipment; of 

which $40,997,000 shall be available until September 30, 2010, 

for shore facilities and aids to navigation facilities; of which 

$82,720,000 shall be available for personnel compensation and benefits and related costs; and of which $783,266,000 shall be available 

until September 30, 2012, for the Integrated Deepwater Systems 

program: Provided, That of the funds made available for the 

Integrated Deepwater Systems program, $327,416,000 is for aircraft 

and $243,400,000 is for surface ships: Provided further, That of 

the amount provided in the preceding proviso for aircraft, 

$70,000,000 may not be obligated for the Maritime Patrol Aircraft 

until the Commandant of the Coast Guard certifies that the mission 

system pallet Developmental Test and Evaluation of the HC–144A 

CASA Maritime Patrol Aircraft is complete: Provided further, That 

no funds shall be available for procurements related to the acquisition of additional major assets as part of the Integrated Deepwater 

Systems program not already under contract until an alternatives 

analysis has been completed by an independent qualified third 

party: Provided further, That $300,000,000 of the funds provided 

for the Integrated Deepwater Systems program may not be obligated 

until the Committees on Appropriations of the Senate and the 

House of Representatives receive and approve a plan for expenditure 

directly from the Coast Guard that— 

(1) defines activities, milestones, yearly costs, and lifecycle 

costs for each procurement of a major asset, including an independent cost estimate for each; 

(2) identifies lifecycle staffing and training needs of Coast 

Guard project managers and of procurement and contract staff; 

(3) identifies competition to be conducted in each procurement; 

(4) describes procurement plans that do not rely on a 

single industry entity or contract; 

(5) includes a certification by the Chief Human Capital 

Officer of the Department that current human capital capabilities are sufficient to execute the plans discussed in the report; 

(6) contains very limited indefinite delivery/indefinite 

quantity contracts and explains the need for any indefinite 

delivery/indefinite quantity contracts; 

(7) identifies individual project balances by fiscal year, 

including planned carryover into fiscal year 2009 by project; 

Expenditure 

plan. 


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121 STAT. 2056 PUBLIC LAW 110–161—DEC. 26, 2007 

(8) identifies operational gaps by asset and explains how 

funds provided in this Act address the shortfalls between current operational capabilities and requirements; 

(9) includes a listing of all open Government Accountability 

Office and Office of Inspector General recommendations related 

to the program and the status of Coast Guard actions to address 

the recommendations, including milestones for fully addressing 

them; 

(10) includes a certification by the Chief Procurement 

Officer of the Department that the program has been reviewed 

and approved in accordance with the investment management 

process of the Department, and that the process fulfills all 

capital planning and investment control requirements and 

reviews established by the Office of Management and Budget, 

including Circular A–11, part 7; 

(11) identifies use of the Defense Contract Auditing Agency; 

(12) includes a certification by the head of contracting 

activity for the Coast Guard and the Chief Procurement Officer 

of the Department that the plans for the program comply 

with the Federal acquisition rules, requirements, guidelines, 

and practices, and a description of the actions being taken 

to address areas of non-compliance, the risks associated with 

them along with plans for addressing these risks, and the 

status of their implementation; 

(13) identifies the use of independent validation and 

verification; and 

(14) is reviewed by the Government Accountability Office: 

Provided further, That the Secretary of Homeland Security shall 

submit to the Committees on Appropriations of the Senate and 

the House of Representatives, in conjunction with the President’s 

fiscal year 2009 budget, a review of the Revised Deepwater 

Implementation Plan that identifies any changes to the plan for 

the fiscal year; an annual performance comparison of Deepwater 

assets to pre-Deepwater legacy assets; a status report of legacy 

assets; a detailed explanation of how the costs of legacy assets 

are being accounted for within the Deepwater program; and the 

earned value management system gold card data for each Deepwater asset: Provided further, That the Secretary shall submit 

to the Committees on Appropriations of the Senate and the House 

of Representatives a comprehensive review of the Revised Deepwater Implementation Plan every five years, beginning in fiscal 

year 2011, that includes a complete projection of the acquisition 

costs and schedule for the duration of the plan through fiscal 

year 2027: Provided further, That the Secretary shall annually 

submit to the Committees on Appropriations of the Senate and 

the House of Representatives, at the time that the President’s 

budget is submitted under section 1105(a) of title 31, United States 

Code, a future-years capital investment plan for the Coast Guard 

that identifies for each capital budget line item— 

(1) the proposed appropriation included in that budget; 

(2) the total estimated cost of completion; 

(3) projected funding levels for each fiscal year for the 

next five fiscal years or until project completion, whichever 

is earlier; 

(4) an estimated completion date at the projected funding 

levels; and 

Deadline. 

Investment plan. 

14 USC 663 note. 

Deadline. 

14 USC 663 note. 

Reports. 


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PUBLIC LAW 110–161—DEC. 26, 2007 121 STAT. 2057 

(5) changes, if any, in the total estimated cost of completion 

or estimated completion date from previous future-years capital 

investment plans submitted to the Committees on Appropriations of the Senate and the House of Representatives: 

Provided further, That the Secretary shall ensure that amounts 

specified in the future-years capital investment plan are consistent 

to the maximum extent practicable with proposed appropriations 

necessary to support the programs, projects, and activities of the 

Coast Guard in the President’s budget as submitted under section 

1105(a) of title 31, United States Code, for that fiscal year: Provided 

further, That any inconsistencies between the capital investment 

plan and proposed appropriations shall be identified and justified: 

Provided further, That of amounts made available under this 

heading in Public Laws 108–334 and 109–90 for the Offshore Patrol 

Cutter, $98,627,476 are rescinded: Provided further, That of 

amounts made available under this heading in Public Law 108– 

334 for VTOL unmanned aerial vehicles (VUAV), $162,850 are 

rescinded: Provided further, That of amounts made available under 

this heading in Public Law 109–90 for unmanned air vehicles 

(UAVs), $32,942,138 are rescinded: Provided further, That of 

amounts made available under this heading in Public Law 109– 

295 for VTOL unmanned aerial vehicles (UAVs), $716,536 are 

rescinded: Provided further, That of the amount provided under 

this heading, $95,800,000 is designated as described in section 

5 (in the matter preceding division A of this consolidated Act). 

ALTERATION OF BRIDGES

For necessary expenses for alteration or removal of obstructive 

bridges, as authorized by section 6 of the Truman-Hobbs Act (33 

U.S.C. 516), $16,000,000, to remain available until expended. 

RESEARCH, DEVELOPMENT, TEST, AND EVALUATION

For necessary expenses for applied scientific research, development, test, and evaluation; and for maintenance, rehabilitation, 

lease, and operation of facilities and equipment; as authorized by 

law; $25,000,000, to remain available until expended, of which 

$500,000 shall be derived from the Oil Spill Liability Trust Fund 

to carry out the purposes of section 1012(a)(5) of the Oil Pollution 

Act of 1990 (33 U.S.C. 2712(a)(5)): Provided, That there may be 

credited to and used for the purposes of this appropriation funds 

received from State and local governments, other public authorities, 

private sources, and foreign countries for expenses incurred for 

research, development, testing, and evaluation. 

RETIRED PAY

For retired pay, including the payment of obligations otherwise 

chargeable to lapsed appropriations for this purpose, payments 

under the Retired Serviceman’s Family Protection and Survivor 

Benefits Plans, payment for career status bonuses, concurrent 

receipts and combat-related special compensation under the 

National Defense Authorization Act, and payments for medical care 

of retired personnel and their dependents under chapter 55 of 

title 10, United States Code, $1,184,720,000, to remain available 

until expended. 


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121 STAT. 2058 PUBLIC LAW 110–161—DEC. 26, 2007 

UNITED STATES SECRET SERVICE

SALARIES AND EXPENSES

For necessary expenses of the United States Secret Service, 

including purchase of not to exceed 645 vehicles for police-type 

use for replacement only, and hire of passenger motor vehicles; 

purchase of motorcycles made in the United States; hire of aircraft; 

services of expert witnesses at such rates as may be determined 

by the Director of the Secret Service; rental of buildings in the 

District of Columbia, and fencing, lighting, guard booths, and other 

facilities on private or other property not in Government ownership 

or control, as may be necessary to perform protective functions; 

payment of per diem or subsistence allowances to employees where 

a protective assignment during the actual day or days of the visit 

of a protectee requires an employee to work 16 hours per day 

or to remain overnight at a post of duty; conduct of and participation 

in firearms matches; presentation of awards; travel of United States 

Secret Service employees on protective missions without regard 

to the limitations on such expenditures in this or any other Act 

if approval is obtained in advance from the Committees on Appropriations of the Senate and the House of Representatives; research 

and development; grants to conduct behavioral research in support 

of protective research and operations; and payment in advance 

for commercial accommodations as may be necessary to perform 

protective functions; $1,381,771,000, of which $853,690,000 is for 

protective functions; of which not to exceed $25,000 shall be for 

official reception and representation expenses; of which not to 

exceed $100,000 shall be to provide technical assistance and equipment to foreign law enforcement organizations in counterfeit investigations; of which $2,366,000 shall be for forensic and related 

support of investigations of missing and exploited children; and 

of which $6,000,000 shall be for a grant for activities related to 

the investigations of missing and exploited children and shall 

remain available until expended: Provided, That up to $18,000,000 

provided for protective travel shall remain available until September 30, 2009: Provided further, That the United States Secret 

Service is authorized to obligate funds in anticipation of reimbursements from Federal agencies and entities, as defined in section 

105 of title 5, United States Code, receiving training sponsored 

by the James J. Rowley Training Center, except that total obligations at the end of the fiscal year shall not exceed total budgetary 

resources available under this heading at the end of the fiscal 

year. 

ACQUISITION, CONSTRUCTION, IMPROVEMENTS, AND RELATED

EXPENSES

For necessary expenses for acquisition, construction, repair, 

alteration, and improvement of facilities, $3,725,000, to remain 

available until expended. 


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PUBLIC LAW 110–161—DEC. 26, 2007 121 STAT. 2059 

TITLE III 

PROTECTION, PREPAREDNESS, RESPONSE, AND RECOVERY 

NATIONAL PROTECTION AND PROGRAMS DIRECTORATE

MANAGEMENT AND ADMINISTRATION

For salaries and expenses of the immediate Office of the Under 

Secretary for National Protection and Programs, the National 

Protection Planning Office, support for operations, information technology, and Risk Management and Analysis, $47,346,000: Provided, That not to exceed $5,000 shall be for official reception and representation expenses: Provided further, That of the total amount 

provided under this heading, $5,000,000 shall not be obligated 

until the Committees on Appropriations of the Senate and the 

House of Representatives receive and approve an expenditure plan 

by program, project, and activity. 

INFRASTRUCTURE PROTECTION AND INFORMATION SECURITY

For necessary expenses for infrastructure protection and 

information security programs and activities, as authorized by title 

II of the Homeland Security Act of 2002 (6 U.S.C. 121 et seq.), 

$654,730,000, of which $586,960,000 shall remain available until 

September 30, 2009. 

UNITED STATES VISITOR AND IMMIGRANT STATUS INDICATOR

TECHNOLOGY

For necessary expenses for the development of the United 

States Visitor and Immigrant Status Indicator Technology project, 

as authorized by section 110 of the Illegal Immigration Reform 

and Immigrant Responsibility Act of 1996 (8 U.S.C. 1365a), 

$475,000,000, to remain available until expended: Provided, That 

of the amount provided under this heading, $275,000,000 is designated as described in section 5 (in the matter preceding division 

A of this consolidated Act): Provided further, That of the total 

amount made available under this heading, $125,000,000 may not 

be obligated for the United States Visitor and Immigrant Status 

Indicator Technology project until the Committees on Appropriations of the Senate and the House of Representatives receive and 

approve a plan for expenditure prepared by the Secretary of Homeland Security that includes— 

(1) a detailed accounting of the program’s progress to date 

relative to system capabilities or services, system performance 

levels, mission benefits and outcomes, milestones, cost targets, 

and program management capabilities; 

(2) an explicit plan of action defining how all funds are 

to be obligated to meet future program commitments, with 

the planned expenditure of funds linked to the milestone-based 

delivery of specific capabilities, services, performance levels, 

mission benefits and outcomes, and program management 

capabilities; 

(3) a listing of all open Government Accountability Office 

and Office of Inspector General recommendations related to 

the program and the status of Department of Homeland Security actions to address the recommendations, including milestones for fully addressing them; 

Expenditure 

plan. 

Expenditure 

plan. 


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121 STAT. 2060 PUBLIC LAW 110–161—DEC. 26, 2007 

(4) a certification by the Chief Procurement Officer of the 

Department that the program has been reviewed and approved 

in accordance with the investment management process of the 

Department, and that the process fulfills all capital planning 

and investment control requirements and reviews established 

by the Office of Management and Budget, including Circular 

A–11, part 7; 

(5) a certification by the Chief Information Officer of the 

Department of Homeland Security that an independent 

verification and validation agent is currently under contract 

for the project; 

(6) a certification by the Chief Information Officer of the 

Department that the system architecture of the program is 

sufficiently aligned with the information systems enterprise 

architecture of the Department to minimize future rework, 

including a description of all aspects of the architectures that 

were and were not assessed in making the alignment determination, the date of the alignment determination, and any 

known areas of misalignment along with the associated risks 

and corrective actions to address any such areas; 

(7) a certification by the Chief Procurement Officer of the 

Department that the plans for the program comply with the 

Federal acquisition rules, requirements, guidelines, and practices, and a description of the actions being taken to address 

areas of non-compliance, the risks associated with them along 

with any plans for addressing these risks, and the status of 

their implementation; 

(8) a certification by the Chief Information Officer of the 

Department that the program has a risk management process 

that regularly identifies, evaluates, mitigates, and monitors 

risks throughout the system life cycle, and communicates highrisk conditions to agency and Department of Homeland Security 

investment decision makers, as well as a listing of all the 

program’s high risks and the status of efforts to address them; 

(9) a certification by the Chief Human Capital Officer of 

the Department that the human capital needs of the program 

are being strategically and proactively managed, and that current human capital capabilities are sufficient to execute the 

plans discussed in the report; 

(10) a complete schedule for the full implementation of 

a biometric exit program or a certification that such program 

is not possible within five years; 

(11) a detailed accounting of operation and maintenance, 

contractor services, and program costs associated with the 

management of identity services; and 

(12) is reviewed by the Government Accountability Office. 

OFFICE OF HEALTH AFFAIRS

For the necessary expenses of the Office of Health Affairs, 

$116,500,000; of which $24,317,000 is for salaries and expenses; 

and of which $92,183,000, to remain available until September 

30, 2009, is for biosurveillance, BioWatch, medical readiness planning, chemical response, and other activities: Provided, That not 

to exceed $3,000 shall be for official reception and representation 

expenses. 


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PUBLIC LAW 110–161—DEC. 26, 2007 121 STAT. 2061 

FEDERAL EMERGENCY MANAGEMENT AGENCY

MANAGEMENT AND ADMINISTRATION

For necessary expenses for management and administration of the Federal Emergency Management Agency, $664,000,000, 

including activities authorized by the National Flood Insurance 

Act of 1968 (42 U.S.C. 4001 et seq.), the Robert T. Stafford Disaster 

Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.), 

the Earthquake Hazards Reduction Act of 1977 (42 U.S.C. 7701 

et seq.), the Defense Production Act of 1950 (50 U.S.C. App. 2061 

et seq.), sections 107 and 303 of the National Security Act of 

1947 (50 U.S.C. 404, 405), Reorganization Plan No. 3 of 1978 

(5 U.S.C. App.), the Homeland Security Act of 2002 (6 U.S.C. 

101 et seq.), and the Post-Katrina Emergency Management Reform 

Act of 2006 (Public Law 109–295; 120 Stat. 1394): Provided, That 

not to exceed $3,000 shall be for official reception and representation 

expenses: Provided further, That the President’s budget submitted 

under section 1105(a) of title 31, United States Code, shall be 

detailed by the office for the Federal Emergency Management 

Agency: Provided further, That of the total amount made available 

under this heading, $32,500,000 shall be for the Urban Search 

and Rescue Response System, of which not to exceed $1,600,000 

may be made available for administrative costs; and $6,000,000 

shall be for the Office of National Capital Region Coordination: 

Provided further, That for purposes of planning, coordination, execution, and decision-making related to mass evacuation during a 

disaster, the Governors of the State of West Virginia and the 

Commonwealth of Pennsylvania, or their designees, shall be incorporated into efforts to integrate the activities of Federal, State, 

and local governments in the National Capital Region, as defined 

in section 882 of Public Law 107–296, the Homeland Security 

Act of 2002. 

STATE AND LOCAL PROGRAMS

(INCLUDING TRANSFER OF FUNDS) 

For grants, contracts, cooperative agreements, and other activities, $3,177,800,000 shall be allocated as follows: 

(1) $950,000,000 shall be for the State Homeland Security 

Grant Program under section 2004 of the Homeland Security 

Act of 2002 (6 U.S.C. 605) as amended by Implementing Recommendations of the 9/11 Commission Act of 2007 (Public 

Law 110–53): Provided, That of the amount provided by this 

paragraph, $60,000,000 shall be for Operation Stonegarden and 

is designated as described in section 5 (in the matter preceding 

division A of this consolidated Act): Provided further, That 

notwithstanding subsection (c)(4) of such section 2004, for fiscal 

year 2008, the Commonwealth of Puerto Rico shall make available to local and tribal governments amounts provided to the 

Commonwealth of Puerto Rico under this paragraph in accordance with subsection (c)(1) of such section 2004. 

(2) $820,000,000 shall be for the Urban Area Security Initiative under section 2003 of the Homeland Security Act of 

2002 (6 U.S.C. 604) as amended by Implementing Recommendations of the 9/11 Commission Act of 2007 (Public Law 110– 

53), of which, notwithstanding subsection (c)(1) of such section, 

West Virginia. 

Pennsylvania. 

Federal budget. 


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121 STAT. 2062 PUBLIC LAW 110–161—DEC. 26, 2007 

$15,000,000 shall be for grants to organizations (as described 

under section 501(c)(3) of the Internal Revenue Code of 1986 

and exempt from tax section 501(a) of such code) determined 

by the Secretary to be at high-risk of a terrorist attack. 

(3) $35,000,000 shall be for Regional Catastrophic 

Preparedness Grants. 

(4) $41,000,000 shall be for the Metropolitan Medical 

Response System under section 635 of the Post-Katrina Emergency Management Reform Act of 2006 (6 U.S.C. 723). 

(5) $15,000,000 shall be for the Citizens Corps Program; 

(6) $400,000,000 shall be for Public Transportation Security 

Assistance and Railroad Security Assistance under sections 

1406 and 1513 of the Implementing Recommendations of the 

9/11 Commission Act of 2007 (Public Law 110–53; 6 U.S.C. 

1135 and 1163), of which not less than $25,000,000 shall be 

for Amtrak security. 

(7) $400,000,000 shall be for Port Security Grants in accordance with 46 U.S.C. 70107. 

(8) $11,500,000 shall be for Over-the-Road Bus Security 

Assistance under section 1532 of the Implementing Recommendations of the 9/11 Commission Act of 2007 (Public 

Law 110–53; 6 U.S.C. 1182). 

(9) $16,000,000 shall be for Trucking Industry Security 

Grants. 

(10) $50,000,000 shall be for Buffer Zone Protection Program Grants. 

(11) $50,000,000 shall be for grants under section 204 

of the REAL ID Act of 2005 (Public Law 109–13; 49 U.S.C. 

30301 note): Provided, That the amount provided under this 

paragraph shall be designated as described in section 5 (in 

the matter preceding division A of this consolidated Act). 

(12) $25,000,000 shall be for the Commercial Equipment 

Direct Assistance Program. 

(13) $50,000,000 shall be for the Interoperable Emergency 

Communications Grant Program under section 1809 of the 

Homeland Security Act of 2002 (6 U.S.C. 579) as amended 

by Implementing Recommendations of the 9/11 Commission 

Act of 2007 (Public Law 110–53). 

(14) $15,000,000 shall be for grants for construction of 

Emergency Operations Centers under section 614 of the Robert 

T. Stafford Disaster Relief and Emergency Assistance Act (42 

U.S.C. 5196c) as amended by Implementing Recommendations 

of the 9/11 Commission Act of 2007 (Public Law 110–53). 

(15) $299,300,000 shall be for training, exercises, technical 

assistance, and other programs: 

Provided, That not to exceed 3 percent of the amounts provided 

under this heading may be transferred to the Federal Emergency 

Management Agency ‘‘Management and Administration’’ account 

for program administration: Provided further, That for grants under 

paragraphs (1) through (5), the applications for grants shall be 

made available to eligible applicants not later than 25 days after 

the date of enactment of this Act, that eligible applicants shall 

submit applications not later than 90 days after the grant announcement, and that the Administrator of the Federal Emergency 

Management Agency shall act within 90 days after receipt of an 

application: Provided further, That for grants under paragraphs 

(6) through (11), the applications for grants shall be made available 

Grants. 

Deadlines. 


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PUBLIC LAW 110–161—DEC. 26, 2007 121 STAT. 2063 

to eligible applicants not later than 30 days after the date of 

enactment of this Act, that eligible applicants shall submit applications within 45 days after the grant announcement, and that the 

Federal Emergency Management Agency shall act not later than 

60 days after receipt of an application: Provided further, That 

grantees shall provide additional reports on their use of funds, 

as determined necessary by the Secretary of Homeland Security: 

Provided further, That (a) the Center for Domestic Preparedness 

may provide training to emergency response providers from the 

Federal Government, foreign governments, or private entities, if 

the Center for Domestic Preparedness is reimbursed for the cost 

of such training, and any reimbursement under this subsection 

shall be credited to the account from which the expenditure being 

reimbursed was made and shall be available, without fiscal year 

limitation, for the purposes for which amounts in the account may 

be expended, (b) the head of the Center for Domestic Preparedness 

shall ensure that any training provided under (a) does not interfere 

with the primary mission of the Center to train State and local 

emergency response providers: Provided further, That the Government Accountability Office shall report to the Committees on Appropriations of the Senate and the House of Representatives regarding 

the data, assumptions, and methodology that the Department uses 

to assess risk and allocate Urban Area Security Initiative and 

State Homeland Security Grants not later than 45 days after the 

date of enactment of this Act: Provided further, That the report 

shall include the reliability and validity of the data used, the 

basis for the assumptions used, how the methodology is applied 

to determine the risk scores for individual locations, an analysis 

of the usefulness of placing States and cities into tier groups, 

and the allocation of grants to eligible locations: Provided further, 

That the Department provide the Government Accountability Office 

with the actual data that the Department used for its risk assessment and grant allocation for at least two locations at the discretion 

of the Government Accountability Office for the 2007 grant allocation process: Provided further, That the Department provide the 

Government Accountability Office with access to all data needed 

for its analysis and report, including specifics on all changes for 

the fiscal year 2008 process, including, but not limited to, all 

changes in data, assumptions, and weights used in methodology 

within seven days after the date of enactment of this Act: Provided 

further, That any subsequent changes made regarding the risk 

methodology after the initial information is provided to the Government Accountability Office shall be provided within seven days 

after the change is made. 

FIREFIGHTER ASSISTANCE GRANTS

For necessary expenses for programs authorized by the Federal 

Fire Prevention and Control Act of 1974 (15 U.S.C. 2201 et seq.), 

$750,000,000, of which $560,000,000 shall be available to carry 

out section 33 of that Act (15 U.S.C. 2229) and $190,000,000 shall 

be available to carry out section 34 of that Act (15 U.S.C. 2229a), 

to remain available until September 30, 2009: Provided, That not 

to exceed 5 percent of the amount available under this heading 

shall be available for program administration. 

Reports. 

Deadline. 


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121 STAT. 2064 PUBLIC LAW 110–161—DEC. 26, 2007 

EMERGENCY MANAGEMENT PERFORMANCE GRANTS

For necessary expenses for emergency management performance grants, as authorized by the National Flood Insurance Act 

of 1968 (42 U.S.C. 4001 et seq.), the Robert T. Stafford Disaster 

Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.), 

the Earthquake Hazards Reduction Act of 1977 (42 U.S.C. 7701 

et seq.), and Reorganization Plan No. 3 of 1978 (5 U.S.C. App.), 

$300,000,000: Provided, That total administrative costs shall not 

exceed 3 percent of the total amount appropriated under this 

heading. 

RADIOLOGICAL EMERGENCY PREPAREDNESS PROGRAM

The aggregate charges assessed during fiscal year 2008, as 

authorized in title III of the Departments of Veterans Affairs and 

Housing and Urban Development, and Independent Agencies Appropriations Act, 1999 (42 U.S.C. 5196e), shall not be less than 100 

percent of the amounts anticipated by the Department of Homeland 

Security necessary for its radiological emergency preparedness program for the next fiscal year: Provided, That the methodology 

for assessment and collection of fees shall be fair and equitable 

and shall reflect costs of providing such services, including administrative costs of collecting such fees: Provided further, That fees 

received under this heading shall be deposited in this account 

as offsetting collections and will become available for authorized 

purposes on October 1, 2008, and remain available until expended. 

UNITED STATES FIRE ADMINISTRATION

For necessary expenses of the United States Fire Administration and for other purposes, as authorized by the Federal Fire 

Prevention and Control Act of 1974 (15 U.S.C. 2201 et seq.) and 

the Homeland Security Act of 2002 (6 U.S.C. 101 et seq.), 

$43,300,000. 

DISASTER RELIEF

(INCLUDING TRANSFER OF FUNDS) 

For necessary expenses in carrying out the Robert T. Stafford 

Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 

et seq.), $1,400,000,000, to remain available until expended: Provided, That of the total amount provided, $16,000,000 shall be 

transferred to the Department of Homeland Security Office of 

Inspector General for audits and investigations related to disasters, 

subject to section 503 of this Act: Provided further, That up to 

$60,000,000 may be transferred to ‘‘Management and Administration’’, Federal Emergency Management Agency, of which 

$48,000,000 and 250 positions are for management and administration functions and $12,000,000 is for activities related to the Robert 

T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 

5121 et seq.): Provided further, That of the amount provided in 

the previous proviso, $30,000,000 shall not be available for transfer 

for management and administration functions until the Federal 

Emergency Management Agency submits an expenditure plan to 

the Committees on Appropriations of the Senate and the House 

of Representatives regarding the 250 positions: Provided further, 

That the Federal Emergency Management Agency shall hereafter 

Reports. 

42 USC 5208. 


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PUBLIC LAW 110–161—DEC. 26, 2007 121 STAT. 2065 

submit a monthly ‘‘Disaster Relief’’ report to the Committees on 

Appropriations of the Senate and the House of Representatives 

to include— 

(1) status of the Disaster Relief fund including obligations, 

allocations, and amounts undistributed/unallocated; 

(2) allocations, obligations, and expenditures for Hurricanes 

Katrina, Rita, and Wilma and all open disasters; 

(3) information on national flood insurance claims; 

(4) obligations, allocations, and expenditures by State for 

unemployment, crisis counseling, inspections, housing assistance, manufactured housing, public assistance, and individual 

assistance; 

(5) mission assignment obligations by agency, including: 

(A) the amounts to other agencies that are in suspense 

because the Federal Emergency Management Agency has 

not yet reviewed and approved the documentation supporting the expenditure or for which an agency has been 

mission assigned but has not submitted necessary documentation for reimbursement; 

(B) an explanation if the amounts of reported obligations and expenditures do not reflect the status of such 

obligations and expenditures from a government-wide 

perspective; and 

(C) each such agency’s actual obligation and expenditure data; 

(6) the amount of credit card purchases by agency and 

mission assignment; 

(7) specific reasons for all waivers granted and a description 

of each waiver; 

(8) a list of all contracts that were awarded on a sole 

source or limited competition basis, including the dollar 

amount, the purpose of the contract, and the reason for the 

lack of competitive award; and 

(9) an estimate of when available appropriations will be 

exhausted, assuming an average disaster season: 

Provided further, That for any request for reimbursement from 

a Federal agency to the Department to cover expenditures under 

the Robert T. Stafford Disaster Relief and Emergency Assistance 

Act (42 U.S.C. 5121 et seq.), or any mission assignment orders 

issued by the Department for such purposes, the Secretary of Homeland Security shall take appropriate steps to ensure that each 

agency is periodically reminded of Department policies on— 

(1) the detailed information required in supporting documentation for reimbursements, and 

(2) the necessity for timeliness of agency billings. 

DISASTER ASSISTANCE DIRECT LOAN PROGRAM ACCOUNT

For activities under section 319 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5162), 

$875,000, of which $580,000 is for administrative expenses to carry 

out the direct loan program and $295,000 is for the cost of direct 

loans: Provided, That gross obligations for the principal amount 

of direct loans shall not exceed $25,000,000: Provided further, That 

the cost of modifying such loans shall be as defined in section 

502 of the Congressional Budget Act of 1974 (2 U.S.C. 661a). 


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121 STAT. 2066 PUBLIC LAW 110–161—DEC. 26, 2007 

FLOOD MAP MODERNIZATION FUND

For necessary expenses under section 1360 of the National 

Flood Insurance Act of 1968 (42 U.S.C. 4101), $220,000,000, and 

such additional sums as may be provided by State and local governments or other political subdivisions for cost-shared mapping activities under section 1360(f)(2) of such Act, to remain available until 

expended: Provided, That total administrative costs shall not exceed 

3 percent of the total amount appropriated under this heading. 

NATIONAL FLOOD INSURANCE FUND

(INCLUDING TRANSFER OF FUNDS) 

For activities under the National Flood Insurance Act of 1968 

(42 U.S.C. 4001 et seq.) and the Flood Disaster Protection Act 

of 1973 (42 U.S.C. 4001 et seq.), $145,000,000, which is available 

as follows: (1) not to exceed $45,642,000 for salaries and expenses 

associated with flood mitigation and flood insurance operations; 

and (2) no less than $99,358,000 for flood hazard mitigation, which 

shall be derived from offsetting collections assessed and collected 

under section 1307 of the National Flood Insurance Act of 1968 

(42 U.S.C. 4014), to remain available until September 30, 2009, 

including up to $34,000,000 for flood mitigation expenses under 

section 1366 of that Act (42 U.S.C. 4104c), which shall be available 

for transfer to the National Flood Mitigation Fund under section 

1367 of that Act (42 U.S.C. 4104) until September 30, 2009: Provided, That any additional fees collected pursuant to section 1307 

of that Act shall be credited as an offsetting collection to this 

account, to be available for flood hazard mitigation expenses: Provided further, That in fiscal year 2008, no funds shall be available 

from the National Flood Insurance Fund under section 1310 of 

that Act (42 U.S.C. 4017) in excess of: (1) $70,000,000 for operating 

expenses; (2) $773,772,000 for commissions and taxes of agents; 

(3) such sums as are necessary for interest on Treasury borrowings; 

and (4) $90,000,000 for flood mitigation actions with respect to 

severe repetitive loss properties under section 1361A of that Act 

(42 U.S.C. 4102a) and repetitive insurance claims properties under 

section 1323 of that Act (42 U.S.C. 4030), which shall remain 

available until expended: Provided further, That total administrative costs shall not exceed 4 percent of the total appropriation. 

NATIONAL FLOOD MITIGATION FUND

(INCLUDING TRANSFER OF FUNDS) 

Notwithstanding subparagraphs (B) and (C) of subsection (b)(3), 

and subsection (f), of section 1366 of the National Flood Insurance 

Act of 1968, $34,000,000 (42 U.S.C. 4104c), to remain available 

until September 30, 2009, for activities designed to reduce the 

risk of flood damage to structures pursuant to such Act, of which 

$34,000,000 shall be derived from the National Flood Insurance 

Fund. 

NATIONAL PREDISASTER MITIGATION FUND

For a predisaster mitigation grant program under title II of 

the Robert T. Stafford Disaster Relief and Emergency Assistance 

Act (42 U.S.C. 5131 et seq.), $114,000,000, to remain available 


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PUBLIC LAW 110–161—DEC. 26, 2007 121 STAT. 2067 

until expended: Provided, That grants made for predisaster mitigation shall be awarded subject to the criteria in section 203(g) of 

such Act (42 U.S.C. 5133(g)): Provided further, That the total 

administrative costs associated with such grants shall not exceed 

3 percent of the total amount made available under this heading. 

EMERGENCY FOOD AND SHELTER

To carry out an emergency food and shelter program pursuant 

to title III of the McKinney-Vento Homeless Assistance Act (42 

U.S.C. 11331 et seq.), $153,000,000, to remain available until 

expended: Provided, That total administrative costs shall not exceed 

3.5 percent of the total amount made available under this heading. 

TITLE IV 

RESEARCH AND DEVELOPMENT, TRAINING, AND SERVICES 

UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES

For necessary expenses for citizenship and immigration services, $80,973,000: Provided, That of the amount provided under 

this heading, $80,000,000 is designated as described in section 

5 (in the matter preceding division A of this consolidated Act): 

Provided further, That of the total, $20,000,000 is provided to 

address backlogs of security checks associated with pending applications and petitions and shall not be available for obligation until 

the Secretary of Homeland Security and the United States Attorney 

General submit to the Committees on Appropriations of the Senate 

and the House of Representatives a plan to eliminate the backlog 

of security checks that establishes information sharing protocols 

to ensure United States Citizenship and Immigration Services has 

the information it needs to carry out its mission: Provided further, 

That notwithstanding any other provision of law, funds available 

to United States Citizenship and Immigration Services may be 

used to acquire, operate, equip, and dispose of up to five vehicles 

for areas where the Administrator of General Services does not 

provide vehicles for lease: Provided further, That the Director of 

United States Citizenship and Immigration Services may authorize 

employees who are assigned to those areas to use such vehicles 

between the employees’ residences and places of employment. 

FEDERAL LAW ENFORCEMENT TRAINING CENTER

SALARIES AND EXPENSES

For necessary expenses of the Federal Law Enforcement 

Training Center, including materials and support costs of Federal 

law enforcement basic training; purchase of not to exceed 117 

vehicles for police-type use and hire of passenger motor vehicles; 

expenses for student athletic and related activities; the conduct 

of and participation in firearms matches and presentation of 

awards; public awareness and enhancement of community support 

of law enforcement training; room and board for student interns; 

a flat monthly reimbursement to employees authorized to use personal mobile phones for official duties; and services as authorized 

by section 3109 of title 5, United States Code; $238,076,000, of 

which up to $48,111,000 for materials and support costs of Federal 

Security checks. 

Plan. 


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121 STAT. 2068 PUBLIC LAW 110–161—DEC. 26, 2007 

law enforcement basic training shall remain available until September 30, 2009; of which $300,000 shall remain available until 

expended for Federal law enforcement agencies participating in 

training accreditation, to be distributed as determined by the Federal Law Enforcement Training Center for the needs of participating 

agencies; and of which not to exceed $12,000 shall be for official 

reception and representation expenses: Provided, That of the 

amount provided under this heading, $17,000,000 is designated 

as described in section 5 (in the matter preceding division A of 

this consolidated Act): Provided further, That the Center is authorized to obligate funds in anticipation of reimbursements from agencies receiving training sponsored by the Center, except that total 

obligations at the end of the fiscal year shall not exceed total 

budgetary resources available at the end of the fiscal year: Provided 

further, That section 1202(a) of Public Law 107–206 (42 U.S.C. 

3771 note) as amended by Public Law 109–295 (120 Stat. 1374) 

is further amended by striking ‘‘December 31, 2007’’ and inserting 

‘‘December 31, 2010’’. 

ACQUISITIONS, CONSTRUCTION, IMPROVEMENTS, AND RELATED

EXPENSES

For acquisition of necessary additional real property and facilities, construction, and ongoing maintenance, facility improvements, 

and related expenses of the Federal Law Enforcement Training 

Center, $50,590,000, to remain available until expended: Provided, 

That of the amount provided under this heading, $4,000,000 is 

designated as described in section 5 (in the matter preceding division A of this consolidated Act): Provided further, That the Center 

is authorized to accept reimbursement to this appropriation from 

government agencies requesting the construction of special use 

facilities. 

SCIENCE AND TECHNOLOGY

MANAGEMENT AND ADMINISTRATION

For salaries and expenses of the Office of the Under Secretary 

for Science and Technology and for management and administration 

of programs and activities, as authorized by title III of the Homeland Security Act of 2002 (6 U.S.C. 181 et seq.), $138,600,000: 

Provided, That not to exceed $10,000 shall be for official reception 

and representation expenses. 

RESEARCH, DEVELOPMENT, ACQUISITION, AND OPERATIONS

For necessary expenses for science and technology research, 

including advanced research projects; development; test and evaluation; acquisition; and operations; as authorized by title III of the 

Homeland Security Act of 2002 (6 U.S.C. 181 et seq.); $691,735,000, 

to remain available until expended: Provided, That none of the 

funds made available under this heading shall be obligated for 

the Analysis, Dissemination, Visualization, Insight, and Semantic 

Enhancement program or any follow-on or successor program. 


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DOMESTIC NUCLEAR DETECTION OFFICE

MANAGEMENT AND ADMINISTRATION

For salaries and expenses of the Domestic Nuclear Detection 

Office as authorized by the second title XVIII of the Homeland 

Security Act of 2002 and for management and administration of 

programs and activities, $31,500,000: Provided, That not to exceed 

$3,000 shall be for official reception and representation expenses. 

RESEARCH, DEVELOPMENT, AND OPERATIONS

For necessary expenses for radiological and nuclear research, development, testing, evaluation, and operations, $323,500,000, to 

remain available until expended. 

SYSTEMS ACQUISITION

For expenses for the Domestic Nuclear Detection Office acquisition and deployment of radiological detection systems in accordance 

with the global nuclear detection architecture, $129,750,000, to 

remain available until September 30, 2010: Provided, That none 

of the funds appropriated under this heading shall be obligated 

for full-scale procurement of Advanced Spectroscopic Portal Monitors until the Secretary of Homeland Security submits to the 

Committees on Appropriations of the Senate and the House of 

Representatives a report certifying that a significant increase in 

operational effectiveness will be achieved: Provided further, That 

the Secretary shall submit separate and distinct certifications prior 

to the procurement of Advanced Spectroscopic Portal Monitors for 

primary and secondary deployment that address the unique requirements for operational effectiveness of each type of deployment: 

Provided further, That the Secretary of Homeland Security shall 

consult with the National Academy of Sciences before making such 

certification: Provided further, That none of the funds appropriated 

under this heading shall be used for high-risk concurrent development and production of mutually dependent software and hardware. 

TITLE V 

GENERAL PROVISIONS 

SEC. 501. No part of any appropriation contained in this Act 

shall remain available for obligation beyond the current fiscal year 

unless expressly so provided herein. 

SEC. 502. Subject to the requirements of section 503 of this 

Act, the unexpended balances of prior appropriations provided for 

activities in this Act may be transferred to appropriation accounts 

for such activities established pursuant to this Act: Provided, That 

balances so transferred may be merged with funds in the applicable 

established accounts and thereafter may be accounted for as one 

fund for the same time period as originally enacted. 

SEC. 503. (a) None of the funds provided by this Act, provided 

by previous appropriations Acts to the agencies in or transferred 

to the Department of Homeland Security that remain available 

for obligation or expenditure in fiscal year 2008, or provided from 

any accounts in the Treasury of the United States derived by 

the collection of fees available to the agencies funded by this Act, 

Notifications. 

Deadlines. 

Consultation. 

Certifications. 

Reports. 

Certification. 


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121 STAT. 2070 PUBLIC LAW 110–161—DEC. 26, 2007 

shall be available for obligation or expenditure through a reprogramming of funds that: (1) creates a new program, project, 

or activity; (2) eliminates a program, project, office, or activity; 

(3) increases funds for any program, project, or activity for which 

funds have been denied or restricted by the Congress; (4) proposes 

to use funds directed for a specific activity by either of the Committees on Appropriations of the Senate or the House of Representatives for a different purpose; or (5) contracts out any function 

or activity for which funding levels were requested for Federal 

full-time equivalents in the object classification tables contained 

in the fiscal year 2008 Budget Appendix for the Department of 

Homeland Security, as specified in the explanatory statement 

described in section 4 (in the matter preceding division A of this 

consolidated Act), unless the Committees on Appropriations of the 

Senate and the House of Representatives are notified 15 days 

in advance of such reprogramming of funds. 

(b) None of the funds provided by this Act, provided by previous 

appropriations Acts to the agencies in or transferred to the Department of Homeland Security that remain available for obligation 

or expenditure in fiscal year 2008, or provided from any accounts 

in the Treasury of the United States derived by the collection 

of fees available to the agencies funded by this Act, shall be available for obligation or expenditure for programs, projects, or activities 

through a reprogramming of funds in excess of $5,000,000 or 10 

percent, whichever is less, that: (1) augments existing programs, 

projects, or activities; (2) reduces by 10 percent funding for any 

existing program, project, or activity, or numbers of personnel by 

10 percent as approved by the Congress; or (3) results from any 

general savings from a reduction in personnel that would result 

in a change in existing programs, projects, or activities as approved 

by the Congress; unless the Committees on Appropriations of the 

Senate and the House of Representatives are notified 15 days 

in advance of such reprogramming of funds. 

(c) Not to exceed 5 percent of any appropriation made available 

for the current fiscal year for the Department of Homeland Security 

by this Act or provided by previous appropriations Acts may be 

transferred between such appropriations, but no such appropriations, except as otherwise specifically provided, shall be increased 

by more than 10 percent by such transfers: Provided, That any 

transfer under this section shall be treated as a reprogramming 

of funds under subsection (b) and shall not be available for obligation unless the Committees on Appropriations of the Senate and 

the House of Representatives are notified 15 days in advance of 

such transfer. 

(d) Notwithstanding subsections (a), (b), and (c) of this section, 

no funds shall be reprogrammed within or transferred between 

appropriations after June 30, except in extraordinary circumstances 

which imminently threaten the safety of human life or the protection of property. 

SEC. 504. None of the funds appropriated or otherwise made 

available to the Department of Homeland Security may be used 

to make payments to the ‘‘Department of Homeland Security 

Working Capital Fund’’, except for the activities and amounts 

allowed in the President’s fiscal year 2008 budget, excluding sedan 

service, shuttle service, transit subsidy, mail operations, parking, 

Approval. and competitive sourcing: Provided, That any additional activities 

Deadline. 


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and amounts shall be approved by the Committees on Appropriations of the Senate and the House of Representatives 30 days 

in advance of obligation. 

SEC. 505. Except as otherwise specifically provided by law, 

not to exceed 50 percent of unobligated balances remaining available 

at the end of fiscal year 2008 from appropriations for salaries 

and expenses for fiscal year 2008 in this Act shall remain available 

through September 30, 2009, in the account and for the purposes 

for which the appropriations were provided: Provided, That prior 

to the obligation of such funds, a request shall be submitted to 

the Committees on Appropriations of the Senate and the House 

of Representatives for approval in accordance with section 503 

of this Act. 

SEC. 506. Funds made available by this Act for intelligence 

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 2008 until the enactment of 

an Act authorizing intelligence activities for fiscal year 2008. 

SEC. 507. The Federal Law Enforcement Training Accreditation 

Board shall lead the Federal law enforcement training accreditation 

process, to include representatives from the Federal law enforcement community and non-Federal accreditation experts involved 

in law enforcement training, to continue the implementation of 

measuring and assessing the quality and effectiveness of Federal 

law enforcement training programs, facilities, and instructors. 

SEC. 508. None of the funds in this Act may be used to make 

a grant allocation, discretionary grant award, discretionary contract 

award, or to issue a letter of intent totaling in excess of $1,000,000, 

or to announce publicly the intention to make such an award, 

including a contract covered by the Federal Acquisition Regulation, 

unless the Secretary of Homeland Security notifies the Committees 

on Appropriations of the Senate and the House of Representatives 

at least three full business days in advance: Provided, That no 

notification shall involve funds that are not available for obligation: 

Provided further, That the notification shall include the amount 

of the award, the fiscal year in which the funds for the award 

were appropriated, and the account from which the funds are being 

drawn: Provided further, That the Federal Emergency Management 

Agency shall brief the Committees on Appropriations of the Senate 

and the House of Representatives five full business days in advance 

of announcing publicly the intention of making an award of State 

Homeland Security grants; Urban Area Security Initiative grants; 

or Regional Catastrophic Preparedness Grants. 

SEC. 509. Notwithstanding any other provision of law, no agency 

shall purchase, construct, 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 of the Senate and 

the House of Representatives, 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. 510. The Director of the Federal Law Enforcement 

Training Center shall schedule basic and/or advanced law enforcement training at all four training facilities under the control of 

the Federal Law Enforcement Training Center to ensure that these 

Briefing. 

Deadline. 

Notification. 

Deadline. 

Approval request. 


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training centers are operated at the highest capacity throughout 

the fiscal year. 

SEC. 511. None of the funds appropriated or otherwise made 

available by this Act may be used for expenses for any construction, 

repair, alteration, or acquisition project for which a prospectus, 

if required under chapter 33 of title 40, United States Code, has 

not been approved, except that necessary funds may be expended 

for each project for required expenses for the development of a 

proposed prospectus. 

SEC. 512. None of the funds in this Act may be used in contravention of the applicable provisions of the Buy American Act 

(41 U.S.C. 10a et seq.). 

SEC. 513. (a) None of the funds provided by this or previous 

appropriations Acts may be obligated for deployment or implementation, on other than a test basis, of the Secure Flight program 

or any other follow-on or successor passenger prescreening program, 

until the Secretary of Homeland Security certifies, and the Government Accountability Office reports, to the Committees on Appropriations of the Senate and the House of Representatives, that all 

ten of the conditions contained in paragraphs (1) through (10) 

of section 522(a) of Public Law 108–334 (118 Stat. 1319) have 

been successfully met. 

(b) The report required by subsection (a) shall be submitted 

within 90 days after the Secretary provides the requisite certification, and periodically thereafter, if necessary, until the Government Accountability Office confirms that all ten conditions have 

been successfully met. 

(c) Within 90 days after the date of enactment of this Act, 

the Secretary of Homeland Security shall submit to the Committees 

on Appropriations of the Senate and the House of Representatives 

a detailed plan that describes: (1) the dates for achieving key 

milestones, including the date or timeframes that the Secretary 

will certify the program under subsection (a); and (2) the methodology to be followed to support the Secretary’s certification, as 

required under subsection (a). 

(d) During the testing phase permitted by subsection (a), no 

information gathered from passengers, foreign or domestic air carriers, or reservation systems may be used to screen aviation passengers, or delay or deny boarding to such passengers, except in 

instances where passenger names are matched to a Government 

watch list. 

(e) None of the funds provided in this or previous appropriations 

Acts may be utilized to develop or test algorithms assigning risk 

to passengers whose names are not on Government watch lists. 

(f) None of the funds provided in this or any other Act may 

be used for data or a database that is obtained from or remains 

under the control of a non-Federal entity: Provided, That this 

restriction shall not apply to Passenger Name Record data obtained 

from air carriers. 

SEC. 514. None of the funds made available in this Act may 

be used to amend the oath of allegiance required by section 337 

of the Immigration and Nationality Act (8 U.S.C. 1448). 

SEC. 515. None of the funds appropriated by this Act may 

be used to process or approve a competition under Office of Management and Budget Circular A–76 for services provided as of June 

1, 2004, by employees (including employees serving on a temporary 

Deadline. 

Plan. 

Deadline. 

Certification. 

Reports. 


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PUBLIC LAW 110–161—DEC. 26, 2007 121 STAT. 2073 

or term basis) of United States Citizenship and Immigration Services of the Department of Homeland Security who are known as 

of that date as Immigration Information Officers, Contact Representatives, or Investigative Assistants. 

SEC. 516. None of the funds appropriated to the United States 

Secret Service by this Act or by previous appropriations Acts may 

be made available for the protection of the head of a Federal 

agency other than the Secretary of Homeland Security: Provided, 

That the Director of the United States Secret Service may enter 

into an agreement to perform such service on a fully reimbursable 

basis. 

SEC. 517. Section 517(b) of the Department of Homeland Security Appropriations Act, 2007 (18 U.S.C. 3056 note) is amended 

to read as follows: 

‘‘(b) For fiscal year 2008, and each fiscal year thereafter, the 

Director of the United States Secret Service may enter into an 

agreement to perform protection of a Federal official other than 

a person granted protection under section 3056(a) of title 18, United 

States Code, on a fully reimbursable basis.’’. 

SEC. 518. (a) The Secretary of Homeland Security shall 

research, develop, and procure new technologies to inspect and 

screen air cargo carried on passenger aircraft at the earliest date 

possible. 

(b) Existing checked baggage explosive detection equipment 

and screeners shall be utilized to screen air cargo carried on passenger aircraft to the greatest extent practicable at each airport 

until technologies developed under subsection (a) are available. 

(c) The Assistant Secretary (Transportation Security Administration) shall work with air carriers and airports to ensure that 

the screening of cargo carried on passenger aircraft, as defined 

in section 44901(g)(5) of title 49, United States Code, increases 

incrementally each quarter. 

(d) Not later than 45 days after the end of each quarter, 

the Assistant Secretary (Transportation Security Administration) 

shall submit to the Committees on Appropriations of the Senate 

and the House of Representatives a report on air cargo inspection 

statistics by airport and air carrier detailing the incremental 

progress being made to meet section 44901(g)(2) of title 49, United 

States Code. 

SEC. 519. None of the funds made available in this Act may 

be used by any person other than the Privacy Officer appointed 

under section 222 of the Homeland Security Act of 2002 (6 U.S.C. 

142) to alter, direct that changes be made to, delay, or prohibit 

the transmission to Congress of any report prepared under paragraph (6) of such section. 

SEC. 520. No funding made available to the Department of 

Homeland Security in this Act shall be available to pay the salary 

of any employee serving as a contracting officer’s technical representative (COTR), or anyone acting in a similar capacity, who 

has not received COTR training. 

SEC. 521. Except as provided in section 44945 of title 49, 

United States Code, funds appropriated or transferred to Transportation Security Administration ‘‘Aviation Security’’, ‘‘Administration’’ and ‘‘Transportation Security Support’’ for fiscal years 2004, 

2005, 2006, and 2007 that are recovered or deobligated shall be 

available only for the procurement or installation of explosives 

detection systems, for air cargo, baggage, and checkpoint screening 

Deadline. 

Reports. 


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121 STAT. 2074 PUBLIC LAW 110–161—DEC. 26, 2007 

systems, subject to notification: Provided, That quarterly reports 

shall be submitted to the Committees on Appropriations of the 

Senate and the House of Representatives on any funds that are 

recovered or deobligated. 

SEC. 522. Section 525(d) of the Department of Homeland Security Appropriations Act, 2007 (Public Law 109–295; 120 Stat. 1382) 

shall apply to fiscal year 2008. 

SEC. 523. Any funds appropriated to United States Coast 

Guard, ‘‘Acquisition, Construction, and Improvements’’ for fiscal 

years 2002, 2003, 2004, 2005, and 2006 for the 110–123 foot patrol 

boat conversion that are recovered, collected, or otherwise received 

as the result of negotiation, mediation, or litigation, shall be available until expended for the Replacement Patrol Boat (FRC–B) program. 

SEC. 524. The Department of Homeland Security Working Capital Fund, established pursuant to section 403 of Public Law 103– 

356 (31 U.S.C. 501 note), shall continue operations during fiscal 

year 2008. 

SEC. 525. None of the funds provided in this Act shall be 

available to commence operations of the National Applications Office 

or the National Immigration Information Sharing Operation until 

the Secretary certifies that these programs comply with all existing 

laws, including all applicable privacy and civil liberties standards, 

and that certification is reviewed by the Government Accountability 

Office. 

SEC. 526. Within 45 days after the close of each month, the 

Chief Financial Officer of the Department of Homeland Security 

shall submit to the Committees on Appropriations of the Senate 

and the House of Representatives a monthly budget and staffing 

report that includes total obligations, on-board versus funded fulltime equivalent staffing levels, and the number of contract 

employees by office. 

SEC. 527. Section 532(a) of Public Law 109–295 is amended 

by striking ‘‘2007’’ and inserting ‘‘2008’’. 

SEC. 528. None of the funds made available by this Act shall 

be used in contravention of the Federal buildings performance and 

reporting requirements of Executive Order No. 13123, part 3 of 

title V of the National Energy Conservation Policy Act (42 U.S.C. 

8251 et seq.), or subtitle A of title I of the Energy Policy Act 

of 2005 (including the amendments made thereby). 

SEC. 529. The functions of the Federal Law Enforcement 

Training Center instructor staff shall be classified as inherently 

governmental for the purpose of the Federal Activities Inventory 

Reform Act of 1998 (31 U.S.C. 501 note). 

SEC. 530. None of the funds made available in this Act may 

be used in contravention of section 303 of the Energy Policy Act 

of 1992 (42 U.S.C. 13212). 

SEC. 531. None of the funds made available by this Act may 

be used to take an action that would violate Executive Order 

No. 13149 (65 Fed. Reg. 24607; relating to greening the Government 

through Federal fleet and transportation efficiency). 

SEC. 532. Subsections (a), (b), and (d)(1) of section 6402 of 

the U.S. Troop Readiness, Veterans’ Care, Katrina Recovery, and 

Iraq Accountability Appropriations Act, 2007 (Public Law 110–28) 

shall apply to fiscal year 2008. 

SEC. 533. None of the funds provided by this or any other 

Act may be obligated for the development, testing, deployment, 

Applicability. 

120 Stat. 1384. 

Deadline. 

Reports. 

Certification. 

31 USC 501 note. 

Applicability. 

Reports. 


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or operation of any system related to the MAX–HR project, or 

any subsequent but related human resources management project, 

until any pending litigation concerning such activities is resolved, 

and any legal claim or appeal by either party has been fully 

resolved. 

SEC. 534. Section 550 of the Department of Homeland Security 

Appropriations Act, 2007 (6 U.S.C. 121 note) is amended by adding 

at the end the following: 

‘‘(h) This section shall not preclude or deny any right of any 

State or political subdivision thereof to adopt or enforce any regulation, requirement, or standard of performance with respect to chemical facility security that is more stringent than a regulation, 

requirement, or standard of performance issued under this section, 

or otherwise impair any right or jurisdiction of any State with 

respect to chemical facilities within that State, unless there is 

an actual conflict between this section and the law of that State.’’. 

SEC. 535. (a) AMENDMENTS RELATING TO THE CIVIL SERVICE

RETIREMENT SYSTEM.— 

(1) DEFINITIONS.—Section 8331 of title 5, United States 

Code, is amended— 

(A) by striking ‘‘and’’ at the end of paragraph (28), 

by striking the period at the end of the first paragraph 

(29) and inserting a semicolon, by redesignating the second 

paragraph (29) as paragraph (30), and by striking the 

period at the end of paragraph (30) (as so redesignated) 

and inserting ‘‘; and’’; and 

(B) by adding at the end the following: 

‘‘(31) ‘customs and border protection officer’ means an 

employee in the Department of Homeland Security (A) who 

holds a position within the GS–1895 job series (determined 

applying the criteria in effect as of September 1, 2007) or 

any successor position, and (B) whose duties include activities 

relating to the arrival and departure of persons, conveyances, 

and merchandise at ports of entry, including any such employee 

who is transferred directly to a supervisory or administrative 

position in the Department of Homeland Security after performing such duties (as described in subparagraph (B)) in 1 

or more positions (as described in subparagraph (A)) for at 

least 3 years.’’. 

(2) DEDUCTIONS, CONTRIBUTIONS, AND DEPOSITS.—Section 

8334 of title 5, United States Code, is amended— 

(A) in subsection (a)(1)(A), by striking ‘‘or nuclear materials courier,’’ and inserting ‘‘nuclear materials courier, or 

customs and border protection officer,’’; and 

(B) in the table contained in subsection (c), by adding 

at the end the following: 

‘‘Customs and border protection officer 7.5 After June 29, 2008.’’. 

(3) MANDATORY SEPARATION.—The first sentence of section 

8335(b)(1) of title 5, United States Code, is amended by striking 

‘‘or nuclear materials courier’’ and inserting ‘‘nuclear materials 

courier, or customs and border protection officer’’. 

(4) IMMEDIATE RETIREMENT.—Section 8336 of title 5, United 

States Code, is amended— 


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(A) in subsection (c)(1), by striking ‘‘or nuclear materials courier’’ and inserting ‘‘nuclear materials courier, or 

customs and border protection officer’’; and 

(B) in subsections (m) and (n), by striking ‘‘or as a 

law enforcement officer,’’ and inserting ‘‘as a law enforcement officer, or as a customs and border protection officer,’’. 

(b) AMENDMENTS RELATING TO THE FEDERAL EMPLOYEES’ 

RETIREMENT SYSTEM.— 

(1) DEFINITIONS.—Section 8401 of title 5, United States 

Code, is amended— 

(A) in paragraph (34), by striking ‘‘and’’ at the end; 

(B) in paragraph (35), by striking the period and 

inserting ‘‘; and’’; and 

(C) by adding at the end the following: 

‘‘(36) the term ‘customs and border protection officer’ means 

an employee in the Department of Homeland Security (A) who 

holds a position within the GS–1895 job series (determined 

applying the criteria in effect as of September 1, 2007) or 

any successor position, and (B) whose duties include activities 

relating to the arrival and departure of persons, conveyances, 

and merchandise at ports of entry, including any such employee 

who is transferred directly to a supervisory or administrative 

position in the Department of Homeland Security after performing such duties (as described in subparagraph (B)) in 1 

or more positions (as described in subparagraph (A)) for at 

least 3 years.’’. 

(2) IMMEDIATE RETIREMENT.—Paragraphs (1) and (2) of section 8412(d) of title 5, United States Code, are amended by 

striking ‘‘or nuclear materials courier,’’ and inserting ‘‘nuclear 

materials courier, or customs and border protection officer,’’. 

(3) COMPUTATION OF BASIC ANNUITY.—Section 8415(h)(2) 

of title 5, United States Code, is amended by striking ‘‘or 

air traffic controller.’’ and inserting ‘‘air traffic controller, or 

customs and border protection officer’’. 

(4) DEDUCTIONS FROM PAY.—The table contained in section 

8422(a)(3) of title 5, United States Code, is amended by adding 

at the end the following: 

‘‘Customs and border protection officer 7.5 After June 29, 2008.’’. 

(5) GOVERNMENT CONTRIBUTIONS.—Paragraphs (1)(B)(i) and 

(3) of section 8423(a) of title 5, United States Code, are amended 

by inserting ‘‘customs and border protection officers,’’ after 

‘‘nuclear materials couriers,’’ each place it appears. 

(6) MANDATORY SEPARATION.—Section 8425(b)(1) of title 5, 

United States Code, is amended— 

(A) by striking ‘‘or nuclear materials courier who’’ and 

inserting ‘‘nuclear materials courier, or customs and border 

protection officer who’’; and 

(B) by striking ‘‘or nuclear materials courier,’’ and 

inserting ‘‘nuclear materials courier, or customs and border 

protection officer’’. 

(c) MAXIMUM AGE FOR ORIGINAL APPOINTMENT.—Section 3307 

of title 5, United States Code, is amended by adding at the end 

the following: 


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‘‘(g) The Secretary of Homeland Security may determine and 

fix the maximum age limit for an original appointment to a position 

as a customs and border protection officer, as defined by section 

8401(36).’’. 

(d) REGULATIONS.—Any regulations necessary to carry out the 

amendments made by this section shall be prescribed by the 

Director of the Office of Personnel Management in consultation 

with the Secretary of Homeland Security. 

(e) EFFECTIVE DATE; TRANSITION RULES.— (1) EFFECTIVE DATE.—The amendments made by this section shall become effective on the later of June 30, 2008, or 

the first day of the first pay period beginning at least 6 months 

after the date of the enactment of this Act. 

(2) TRANSITION RULES.— (A) NONAPPLICABILITY OF MANDATORY SEPARATION

PROVISIONS TO CERTAIN INDIVIDUALS.—The amendments 

made by subsections (a)(3) and (b)(6), respectively, shall 

not apply to an individual first appointed as a customs 

and border protection officer before the effective date under 

paragraph (1). 

(B) TREATMENT OF PRIOR CBPO SERVICE.— 

(i) GENERAL RULE.—Except as provided in clause 

(ii), nothing in this section or any amendment made 

by this section shall be considered to apply with respect 

to any service performed as a customs and border 

protection officer before the effective date under paragraph (1). 

(ii) EXCEPTION.—Service described in section 

8331(31) or 8401(36) of title 5, United States Code 

(as amended by this section) rendered before the effective date under paragraph (1) may be taken into 

account to determine if an individual who is serving 

on or after such effective date then qualifies as a 

customs and border protection officer by virtue of 

holding a supervisory or administrative position in the 

Department of Homeland Security. 

(C) MINIMUM ANNUITY AMOUNT.—The annuity of an 

individual serving as a customs and border protection 

officer on the effective date under paragraph (1) pursuant 

to an appointment made before that date shall, to the 

extent that its computation is based on service rendered 

as a customs and border protection officer on or after 

that date, be at least equal to the amount that would 

be payable— 

(i) to the extent that such service is subject to 

the Civil Service Retirement System, by applying section 8339(d) of title 5, United States Code, with respect 

to such service; and 

(ii) to the extent such service is subject to the 

Federal Employees’ Retirement System, by applying 

section 8415(d) of title 5, United States Code, with 

respect to such service. 

(D) RULE OF CONSTRUCTION.—Nothing in the amendment made by subsection (c) shall be considered to apply 

with respect to any appointment made before the effective 

date under paragraph (1). 

(3) ELECTION.— 

5 USC 3307 note. 

5 USC 3307 note. 


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(A) INCUMBENT DEFINED.—For purposes of this paragraph, the term ‘‘incumbent’’ means an individual who 

is serving as a customs and border protection officer on 

the date of the enactment of this Act. 

(B) NOTICE REQUIREMENT.—Not later than 30 days 

after the date of the enactment of this Act, the Director 

of the Office of Personnel Management shall take measures 

reasonably designed to ensure that incumbents are notified 

as to their election rights under this paragraph, and the 

effect of making or not making a timely election. 

(C) ELECTION AVAILABLE TO INCUMBENTS.— (i) IN GENERAL.—An incumbent may elect, for all 

purposes, either— 

(I) to be treated in accordance with the amendments made by subsection (a) or (b), as applicable; 

or 

(II) to be treated as if subsections (a) and 

(b) had never been enacted. 

Failure to make a timely election under this paragraph 

shall be treated in the same way as an election made 

under subclause (I) on the last day allowable under 

clause (ii). 

(ii) DEADLINE.—An election under this paragraph 

shall not be effective unless it is made at least 14 

days before the effective date under paragraph (1). 

(4) DEFINITION.—For purposes of this subsection, the term 

‘‘customs and border protection officer’’ has the meaning given 

such term by section 8331(31) or 8401(36) of title 5, United 

States Code (as amended by this section). 

(5) EXCLUSION.—Nothing in this section or any amendment 

made by this section shall be considered to afford any election 

or to otherwise apply with respect to any individual who, as 

of the day before the date of the enactment of this Act— 

(A) holds a position within U.S. Customs and Border 

Protection; and 

(B) is considered a law enforcement officer for purposes 

of subchapter III of chapter 83 or chapter 84 of title 5, 

United States Code, by virtue of such position. 

SEC. 536. In fiscal year 2008, none of the funds made available 

in this or any other Act may be used to enforce section 4025(1) 

of Public Law 108–458 unless the Assistant Secretary (Transportation Security Administration) reverses the determination of July 

19, 2007, that butane lighters are not a significant threat to civil 

aviation security. 

SEC. 537. None of the funds provided in this Act may be 

used to alter or reduce operations within the Civil Engineering 

Program of the Coast Guard nationwide, including the civil 

engineering units, facilities, design and construction centers, 

maintenance and logistics command centers, and the Coast Guard 

Academy, except as specifically authorized by a statute enacted 

after the date of the enactment of this Act. 

SEC. 538. The cumulative amount appropriated in title I of 

this Act for the ‘‘Office of the Secretary and Executive Management’’ 

and the ‘‘Office of the Under Secretary for Management’’ shall 

be reduced by $5,000,000. 

SEC. 539. (a) Except as provided in subsection (b), none of 

the funds appropriated in this Act to the Office of the Secretary 

Deadline. 


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and Executive Management, the Office of the Under Secretary 

for Management and the Office of the Chief Financial Officer, 

may be obligated for a grant or contract awarded by a means 

other than full and open competition. 

(b) This section does not apply to obligation of funds for a 

contract awarded— 

(1) by a means that is required by a Federal statute, 

including obligation for a purchase made under a mandated 

preferential program, such as the AbilityOne Program, that 

is authorized under the Javits-Wagner-O’Day Act (41 U.S.C. 

46–48c); or 

(2) under the Small Business Act (15 U.S.C. 631 et seq.). 

(c) The Secretary of Homeland Security may waive the application of this section to the award of a contract in the period of 

a national emergency determined by the Secretary. 

(d) In addition to the requirements established by this section, 

the Inspector General for the Department of Homeland Security 

shall review departmental contracts awarded through other than 

full and open competition to assess departmental compliance with 

applicable laws and regulations: Provided, That the Inspector General shall review selected contracts awarded during the previous 

fiscal year through other than full and open competition: Provided 

further, That in determining which contracts to review, the 

Inspector General shall consider the cost and complexity of the 

goods and services to be provided under the contract, the criticality 

of the contract to fulfilling Department missions, past performance 

problems on similar contracts or by the selected vendor, complaints 

received about the award process or contractor performance, and 

such other factors as the Inspector General deems relevant: Provided further, That the Inspector General shall report the results 

of the reviews to the Committees on Appropriations of the Senate 

and the House of Representatives. 

SEC. 540. Section 44940(a)(2) of title 49, United States Code, 

is amended by striking the period in the last sentence of subparagraph (A) and the clause (iv) of subparagraph B and adding the 

following, ‘‘except for estimates and additional collections made 

pursuant to the appropriation for Aviation Security in Public Law 

108–334: Provided, That such judicial review shall be pursuant 

to section 46110 of title 49, United States Code: Provided further, 

That such judicial review shall be limited only to additional amounts 

collected by the Secretary before October 1, 2007.’’. 

SEC. 541. None of the funds provided by this or previous appropriations Acts shall be used to fund any position designated as 

a Principal Federal Official for any Robert T. Stafford Disaster 

Relief and Emergency Assistance Act declared disasters or emergencies. 

SEC. 542. Section 46301(a) of title 49, United States Code, 

is amended by adding at the end the following: 

‘‘(6) FAILURE TO COLLECT AIRPORT SECURITY BADGES.— 

Notwithstanding paragraph (1), any employer (other than a 

governmental entity or airport operator) who employs an 

employee to whom an airport security badge or other identifier 

used to obtain access to a secure area of an airport is issued 

before, on, or after the date of enactment of this paragraph 

and who does not collect or make reasonable efforts to collect 

such badge from the employee on the date that the employment 

of the employee is terminated and does not notify the operator 

Notification. 

Deadline. 

Penalties. 

Reports. 


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of the airport of such termination within 24 hours of the date 

of such termination shall be liable to the Government for a 

civil penalty not to exceed $10,000.’’. 

SEC. 543. None of the funds made available in this Act may 

be used by United States Citizenship and Immigration Services 

to grant an immigration benefit unless the results of background 

checks required by law to be completed prior to the grant of the 

benefit have been received by United States Citizenship and 

Immigration Services, and the results do not preclude the grant 

of the benefit. 

SEC. 544. None of the funds made available in this Act may 

be used to destroy or put out to pasture any horse or other equine 

belonging to the Federal Government that has become unfit for 

service, unless the trainer or handler is first given the option 

to take possession of the equine through an adoption program 

that has safeguards against slaughter and inhumane treatment. 

SEC. 545. EXTENSION OF THE IMPLEMENTATION DEADLINE FOR

THE WESTERN HEMISPHERE TRAVEL INITIATIVE. Subparagraph (A) 

of section 7209(b)(1) of the Intelligence Reform and Terrorism 

Prevention Act of 2004 (Public Law 108–458; 8 U.S.C. 1185 note) 

is amended by striking ‘‘This plan shall be implemented not later 

than 3 months after the Secretary of State and the Secretary 

of Homeland Security make the certifications required in subsection 

(B), or June 1, 2009, whichever is earlier.’’ and inserting ‘‘Such 

plan may not be implemented earlier than the date that is the 

later of 3 months after the Secretary of State and the Secretary 

of Homeland Security make the certification required in subparagraph (B) or June 1, 2009.’’. 

SEC. 546. None of the funds provided in this Act shall be 

available to carry out section 872 of Public Law 107–296. 

SEC. 547. None of the funds provided in this Act under the 

heading ‘‘Office of the Chief Information Officer’’ shall be used 

for data center development other than for the National Center 

for Critical Information Processing and Storage until the Chief 

Information Officer certifies that the National Center for Critical 

Information Processing and Storage is fully utilized, to the maximum extent feasible, as the Department’s primary data storage 

center at the highest capacity throughout the fiscal year. 

SEC. 548. None of the funds in this Act shall be used to 

reduce the United States Coast Guard’s Operations Systems Center 

mission or its government-employed or contract staff levels. 

SEC. 549. None of the funds appropriated by this Act may 

be used to conduct, or to implement the results of, a competition 

under Office of Management and Budget Circular A–76 for activities 

performed with respect to the Coast Guard National Vessel Documentation Center. 

SEC. 550. (a) Notwithstanding section 503 of this Act, up to 

$24,000,000 from prior year balances currently available to the 

Transportation Security Administration may be transferred to 

‘‘Transportation Threat Assessment and Credentialing’’ for the 

Secure Flight program. 

(b) In carrying out the transfer authority under subsection 

(a), the Transportation Security Administration shall not utilize 

any prior year balances from the following programs: screener partnership program; explosives detection system purchase; explosives 

detection system installation; checkpoint support; aviation regulation and other enforcement; air cargo; and air cargo research and 

Certification. 


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development: Provided, That any funds proposed to be transferred 

under this section shall not be available for obligation until the 

Committees on Appropriations of the Senate and the House of 

Representatives receive and approve a plan for expenditure for 

such funds that is submitted by the Secretary of Homeland Security: 

Provided further, That the plan shall be submitted simultaneously 

to the Government Accountability Office for review consistent with 

its ongoing assessment of the Secure Flight Program as mandated 

by section 522(a) of Public Law 108–334 (118 Stat. 1319). 

SEC. 551. RESCISSIONS. (a) The following unobligated balances 

made available pursuant to section 505 of Public Law 109–295 

are rescinded: $2,003,441 from U.S. Customs and Border Protection 

‘‘Salaries and Expenses’’; $9,583,611 from Coast Guard ‘‘Operating 

Expenses’’; $672,230 from ‘‘United States Citizenship and Immigration Services’’; $2,790,513 from Federal Emergency Management 

Agency ‘‘Management and Administration’’; $127,994 from Federal 

Emergency Management Agency ‘‘Disaster Assistance Direct Loan 

Program Account’’; $5,136,819 from U.S. Immigration and Customs 

Enforcement ‘‘Salaries and Expenses’’; $333,520 from Federal Law 

Enforcement Training Center ‘‘Salaries and Expenses’’; $4,211,376 

from the ‘‘Office of the Secretary and Executive Management’’; 

$443,672 from the ‘‘Office of the Under Secretary for Management’’; 

$380,166 from the ‘‘Office of the Chief Financial Officer’’; $493,106 

from the ‘‘Office of the Chief Information Officer’’; $368,166 from 

Domestic Nuclear Detection Office ‘‘Management and Administration’’; $45,369 from the ‘‘Office of Health Affairs’’; $32,299 from 

the ‘‘Office of Inspector General’’; $1,994,454 from National Protection and Programs Directorate ‘‘Management and Administration’’; 

and $216,727 from Science and Technology ‘‘Management and 

Administration’’. 

(b) From the unobligated balances of funds transferred to the 

Department of Homeland Security when it was created in 2003, 

$59,286,537 are rescinded: Provided, That the rescission made 

under this subsection shall not be executed from the following 

programs: Coast Guard Retired Pay; U.S. Immigration and Customs 

Enforcement Violent Crime Reduction Program; Federal Law 

Enforcement Training Center Instructor Salaries; and Federal 

Emergency Management Agency National Security Support. 

(c) Of the amounts available under the heading 

‘‘Counterterrorism Fund’’, $8,480,000 are rescinded. 

(d) Of the unobligated balances available in the ‘‘Department 

of Homeland Security, Transportation Security Administration 

Expenses’’ account, $4,500,000 are rescinded. 

SEC. 552. Notwithstanding any other provision of law, the 

Secretary of Homeland Security shall, under the Federal Emergency 

Management Agency Public Assistance Program, provide a single 

payment for any eligible costs for local educational agencies 

impacted by Hurricanes Katrina or Rita within 30 days of such 

request: Provided, That the payment for schools in Louisiana shall 

be submitted to the Louisiana Department of Education, which 

may expend up to 3 percent of those funds for administrative 

costs: Provided further, That the Federal Emergency Management 

Agency shall not reduce assistance in accordance with section 

406(c)(1) of the Robert T. Stafford Disaster Relief and Emergency 

Assistance Act for local educational agencies impacted by Hurricanes Katrina or Rita: Provided further, That nothing in the previous proviso shall be construed to alter the appeals or review 

Deadline. 

Expenditure 

plan. 


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process: Provided further, That section 406(d) of the Robert T. 

Stafford Disaster Relief and Emergency Assistance Act shall not 

apply to more than one facility on a school site impacted by Hurricanes Katrina or Rita. 

SEC. 553. TECHNICAL CORRECTIONS. (a) IN GENERAL.— (1) REDESIGNATIONS.—Chapter 27 of title 18, United States 

Code, is amended by redesignating section 554 added by section 

551(a) of the Department of Homeland Security Appropriations 

Act, 2007 (Public Law 109–295; 120 Stat. 1389) (relating to 

border tunnels and passages) as section 555. 

(2) TABLE OF SECTIONS.—The table of sections for chapter 

27 of title 18, United States Code, is amended by striking 

the item relating to section 554, ‘‘Border tunnels and passages’’, 

and inserting the following: 

‘‘555. Border tunnels and passages.’’. 

(b) CRIMINAL FORFEITURE.—Section 982(a)(6) of title 18, United 

States Code, is amended by striking ‘‘554’’ and inserting ‘‘555’’. 

(c) DIRECTIVE TO THE UNITED STATES SENTENCING COMMISSION.—Section 551(d) of the Department of Homeland Security 

Appropriations Act, 2007 (Public Law 109–295; 120 Stat. 1390) 

is amended in paragraphs (1) and (2)(A) by striking ‘‘554’’ and 

inserting ‘‘555’’. 

SEC. 554. Sections 2241, 2242, 2243, and 2244 of title 18, 

United States Code, are each amended by striking ‘‘the Attorney 

General’’ each place that term appears and inserting ‘‘the head 

of any Federal department or agency’’. 

SEC. 555. Not later than 30 days after the date of enactment 

of this Act— 

(1) the Secretary of Homeland Security shall establish and 

maintain on the homepage of the website of the Department 

of Homeland Security, a direct link to the website of the Office 

of Inspector General of the Department of Homeland Security; 

and 

(2) the Inspector General of the Department of Homeland 

Security shall establish and maintain on the homepage of the 

website of the Office of Inspector General a direct link for 

individuals to anonymously report waste, fraud, or abuse. 

SEC. 556. The Secretary of Homeland Security shall require 

that all contracts of the Department of Homeland Security that 

provide award fees link such fees to successful acquisition outcomes 

(which outcomes shall be specified in terms of cost, schedule, and 

performance). 

SEC. 557. None of the funds made available to the Office of 

the Secretary and Executive Management under this Act may be 

expended for any new hires by the Department of Homeland Security that are not verified through the basic pilot program required 

under section 401 of the Illegal Immigration Reform and Immigrant 

Responsibility Act of 1996 (8 U.S.C. 1324a note). 

SEC. 558. None of the funds made available in this Act for 

U.S. Customs and Border Protection may be used to prevent an 

individual not in the business of importing a prescription drug 

(within the meaning of section 801(g) of the Federal Food, Drug, 

and Cosmetic Act) from importing a prescription drug from Canada 

that complies with the Federal Food, Drug, and Cosmetic Act: 

Provided, That this section shall apply only to individuals transporting on their person a personal-use quantity of the prescription 

Applicability. 

Contracts. 

Deadline. 

Websites. 

5 USC app. 6 

note. 

28 USC 994 note. 


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drug, not to exceed a 90-day supply: Provided further, That the 

prescription drug may not be— 

(1) a controlled substance, as defined in section 102 of 

the Controlled Substances Act (21 U.S.C. 802); or 

(2) a biological product, as defined in section 351 of the 

Public Health Service Act (42 U.S.C. 262). 

SEC. 559. None of the funds made available in this Act may 

be used by the Secretary of Homeland Security or any delegate 

of the Secretary to issue any rule or regulation which implements 

the Notice of Proposed Rulemaking related to Petitions for Aliens 

To Perform Temporary Nonagricultural Services or Labor (H–2B) 

set out beginning on 70 Fed. Reg. 3984 (January 27, 2005). 

SEC. 560. Notwithstanding any other provision of law, 

Watsonville Community Hospital, or its successor trust, shall not 

be required to pay the Federal Emergency Management Agency 

additional funds related to DR–845. 

SEC. 561. Notwithstanding any other provision of law, the 

Secretary of Homeland Security shall provide, under the Federal 

Emergency Management Agency Public Assistance Program, the 

relocation costs as estimated by the Federal Emergency Management Agency on May 5, 2006, for the Peebles School in Iberia 

Parish, Louisiana, which was damaged by Hurricane Rita in 2005. 

SEC. 562. Notwithstanding any other provision of law, the 

Secretary of Homeland Security shall provide, under the Federal 

Emergency Management Agency Public Assistance Program, the 

currently uncompensated debris removal costs from Super Typhoon 

Paka and the firefighting costs associated with the Malojloj hardfill 

fire in 1998. 

SEC. 563. SECURE HANDLING OF AMMONIUM NITRATE.—(a) IN

GENERAL.—Title VIII of the Homeland Security Act of 2002 (6 

U.S.C. 361 et seq.) is amended by adding at the end the following: 

‘‘Subtitle J—Secure Handling of 

Ammonium Nitrate 

‘‘SEC. 899A. DEFINITIONS. 

‘‘In this subtitle: 

‘‘(1) AMMONIUM NITRATE.—The term ‘ammonium nitrate’ 

means— 

‘‘(A) solid ammonium nitrate that is chiefly the ammonium salt of nitric acid and contains not less than 33 

percent nitrogen by weight; and 

‘‘(B) any mixture containing a percentage of ammonium 

nitrate that is equal to or greater than the percentage 

determined by the Secretary under section 899B(b). 

‘‘(2) AMMONIUM NITRATE FACILITY.—The term ‘ammonium 

nitrate facility’ means any entity that produces, sells or otherwise transfers ownership of, or provides application services 

for ammonium nitrate. 

‘‘(3) AMMONIUM NITRATE PURCHASER.—The term ‘ammonium nitrate purchaser’ means any person who purchases 

ammonium nitrate from an ammonium nitrate facility. 

6 USC 488. 

Louisiana. 


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‘‘SEC. 899B. REGULATION OF THE SALE AND TRANSFER OF AMMONIUM 

NITRATE. 

‘‘(a) IN GENERAL.—The Secretary shall regulate the sale and 

transfer of ammonium nitrate by an ammonium nitrate facility 

in accordance with this subtitle to prevent the misappropriation 

or use of ammonium nitrate in an act of terrorism. 

‘‘(b) AMMONIUM NITRATE MIXTURES.—Not later than 90 days 

after the date of the enactment of this subtitle, the Secretary, 

in consultation with the heads of appropriate Federal departments 

and agencies (including the Secretary of Agriculture), shall, after 

notice and an opportunity for comment, establish a threshold 

percentage for ammonium nitrate in a substance. 

‘‘(c) REGISTRATION OF OWNERS OF AMMONIUM NITRATE FACILITIES.— 

‘‘(1) REGISTRATION.—The Secretary shall establish a process 

by which any person that— 

‘‘(A) owns an ammonium nitrate facility is required 

to register with the Department; and 

‘‘(B) registers under subparagraph (A) is issued a registration number for purposes of this subtitle. 

‘‘(2) REGISTRATION INFORMATION.—Any person applying to 

register under paragraph (1) shall submit to the Secretary— 

‘‘(A) the name, address, and telephone number of each 

ammonium nitrate facility owned by that person; 

‘‘(B) the name of the person designated by that person 

as the point of contact for each such facility, for purposes 

of this subtitle; and 

‘‘(C) such other information as the Secretary may determine is appropriate. 

‘‘(d) REGISTRATION OF AMMONIUM NITRATE PURCHASERS.— 

‘‘(1) REGISTRATION.—The Secretary shall establish a process 

by which any person that— 

‘‘(A) intends to be an ammonium nitrate purchaser 

is required to register with the Department; and 

‘‘(B) registers under subparagraph (A) is issued a registration number for purposes of this subtitle. 

‘‘(2) REGISTRATION INFORMATION.—Any person applying to 

register under paragraph (1) as an ammonium nitrate purchaser shall submit to the Secretary— 

‘‘(A) the name, address, and telephone number of the 

applicant; and 

‘‘(B) the intended use of ammonium nitrate to be purchased by the applicant. 

‘‘(e) RECORDS.— 

‘‘(1) MAINTENANCE OF RECORDS.—The owner of an ammonium nitrate facility shall— 

‘‘(A) maintain a record of each sale or transfer of ammonium nitrate, during the two-year period beginning on the 

date of that sale or transfer; and 

‘‘(B) include in such record the information described 

in paragraph (2). 

‘‘(2) SPECIFIC INFORMATION REQUIRED.—For each sale or 

transfer of ammonium nitrate, the owner of an ammonium 

nitrate facility shall— 

‘‘(A) record the name, address, telephone number, and 

registration number issued under subsection (c) or (d) of 

Deadline. 

Notice. 

Comment period. 

6 USC 488a. 


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each person that purchases ammonium nitrate, in a 

manner prescribed by the Secretary; 

‘‘(B) if applicable, record the name, address, and telephone number of an agent acting on behalf of the person 

described in subparagraph (A), at the point of sale; 

‘‘(C) record the date and quantity of ammonium nitrate 

sold or transferred; and 

‘‘(D) verify the identity of the persons described in 

subparagraphs (A) and (B), as applicable, in accordance 

with a procedure established by the Secretary. 

‘‘(3) PROTECTION OF INFORMATION.—In maintaining records 

in accordance with paragraph (1), the owner of an ammonium 

nitrate facility shall take reasonable actions to ensure the 

protection of the information included in such records. 

‘‘(f) EXEMPTION FOR EXPLOSIVE PURPOSES.—The Secretary may 

exempt from this subtitle a person producing, selling, or purchasing 

ammonium nitrate exclusively for use in the production of an explosive under a license or permit issued under chapter 40 of title 

18, United States Code. 

‘‘(g) CONSULTATION.—In carrying out this section, the Secretary 

shall consult with the Secretary of Agriculture, States, and appropriate private sector entities, to ensure that the access of agricultural producers to ammonium nitrate is not unduly burdened. 

‘‘(h) DATA CONFIDENTIALITY.— 

‘‘(1) IN GENERAL.—Notwithstanding section 552 of title 5, 

United States Code, or the USA PATRIOT ACT (Public Law 

107–56; 115 Stat. 272), and except as provided in paragraph 

(2), the Secretary may not disclose to any person any information obtained under this subtitle. 

‘‘(2) EXCEPTION.—The Secretary may disclose any information obtained by the Secretary under this subtitle to— 

‘‘(A) an officer or employee of the United States, or 

a person that has entered into a contract with the United 

States, who has a need to know the information to perform 

the duties of the officer, employee, or person; or 

‘‘(B) to a State agency under section 899D, under appropriate arrangements to ensure the protection of the 

information. 

‘‘(i) REGISTRATION PROCEDURES AND CHECK OF TERRORIST

SCREENING DATABASE.— 

‘‘(1) REGISTRATION PROCEDURES.— 

‘‘(A) GENERALLY.—The Secretary shall establish procedures to efficiently receive applications for registration 

numbers under this subtitle, conduct the checks required 

under paragraph (2), and promptly issue or deny a registration number. 

‘‘(B) INITIAL SIX-MONTH REGISTRATION PERIOD.—The 

Secretary shall take steps to maximize the number of registration applications that are submitted and processed 

during the six-month period described in section 899F(e). 

‘‘(2) CHECK OF TERRORIST SCREENING DATABASE.— 

‘‘(A) CHECK REQUIRED.—The Secretary shall conduct 

a check of appropriate identifying information of any person 

seeking to register with the Department under subsection 

(c) or (d) against identifying information that appears in 

the terrorist screening database of the Department. 


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‘‘(B) AUTHORITY TO DENY REGISTRATION NUMBER.—If 

the identifying information of a person seeking to register 

with the Department under subsection (c) or (d) appears 

in the terrorist screening database of the Department, the 

Secretary may deny issuance of a registration number 

under this subtitle. 

‘‘(3) EXPEDITED REVIEW OF APPLICATIONS.— 

‘‘(A) IN GENERAL.—Following the six-month period 

described in section 899F(e), the Secretary shall, to the 

extent practicable, issue or deny registration numbers 

under this subtitle not later than 72 hours after the time 

the Secretary receives a complete registration application, 

unless the Secretary determines, in the interest of national 

security, that additional time is necessary to review an 

application. 

‘‘(B) NOTICE OF APPLICATION STATUS.—In all cases, the 

Secretary shall notify a person seeking to register with 

the Department under subsection (c) or (d) of the status 

of the application of that person not later than 72 hours 

after the time the Secretary receives a complete registration 

application. 

‘‘(4) EXPEDITED APPEALS PROCESS.— 

‘‘(A) REQUIREMENT.— 

‘‘(i) APPEALS PROCESS.—The Secretary shall establish an expedited appeals process for persons denied 

a registration number under this subtitle. 

‘‘(ii) TIME PERIOD FOR RESOLUTION.—The Secretary 

shall, to the extent practicable, resolve appeals not 

later than 72 hours after receiving a complete request 

for appeal unless the Secretary determines, in the 

interest of national security, that additional time is 

necessary to resolve an appeal. 

‘‘(B) CONSULTATION.—The Secretary, in developing the 

appeals process under subparagraph (A), shall consult with 

appropriate stakeholders. 

‘‘(C) GUIDANCE.—The Secretary shall provide guidance 

regarding the procedures and information required for an 

appeal under subparagraph (A) to any person denied a 

registration number under this subtitle. 

‘‘(5) RESTRICTIONS ON USE AND MAINTENANCE OF INFORMATION.— 

‘‘(A) IN GENERAL.—Any information constituting 

grounds for denial of a registration number under this 

section shall be maintained confidentially by the Secretary 

and may be used only for making determinations under 

this section. 

‘‘(B) SHARING OF INFORMATION.—Notwithstanding any 

other provision of this subtitle, the Secretary may share 

any such information with Federal, State, local, and tribal 

law enforcement agencies, as appropriate. 

‘‘(6) REGISTRATION INFORMATION.— 

‘‘(A) AUTHORITY TO REQUIRE INFORMATION.—The Secretary may require a person applying for a registration 

number under this subtitle to submit such information 

as may be necessary to carry out the requirements of 

this section. 

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‘‘(B) REQUIREMENT TO UPDATE INFORMATION.—The Secretary may require persons issued a registration under 

this subtitle to update registration information submitted 

to the Secretary under this subtitle, as appropriate. 

‘‘(7) RE-CHECKS AGAINST TERRORIST SCREENING DATABASE.— ‘‘(A) RE-CHECKS.—The Secretary shall, as appropriate, 

recheck persons provided a registration number pursuant 

to this subtitle against the terrorist screening database 

of the Department, and may revoke such registration 

number if the Secretary determines such person may pose 

a threat to national security. 

‘‘(B) NOTICE OF REVOCATION.—The Secretary shall, as 

appropriate, provide prior notice to a person whose registration number is revoked under this section and such person 

shall have an opportunity to appeal, as provided in paragraph (4). 

‘‘SEC. 899C. INSPECTION AND AUDITING OF RECORDS. 

‘‘The Secretary shall establish a process for the periodic inspection and auditing of the records maintained by owners of ammonium 

nitrate facilities for the purpose of monitoring compliance with 

this subtitle or for the purpose of deterring or preventing the 

misappropriation or use of ammonium nitrate in an act of terrorism. 

‘‘SEC. 899D. ADMINISTRATIVE PROVISIONS. 

‘‘(a) COOPERATIVE AGREEMENTS.—The Secretary— 

‘‘(1) may enter into a cooperative agreement with the Secretary of Agriculture, or the head of any State department 

of agriculture or its designee involved in agricultural regulation, 

in consultation with the State agency responsible for homeland 

security, to carry out the provisions of this subtitle; and 

‘‘(2) wherever possible, shall seek to cooperate with State 

agencies or their designees that oversee ammonium nitrate 

facility operations when seeking cooperative agreements to 

implement the registration and enforcement provisions of this 

subtitle. 

‘‘(b) DELEGATION.— ‘‘(1) AUTHORITY.—The Secretary may delegate to a State 

the authority to assist the Secretary in the administration 

and enforcement of this subtitle. 

‘‘(2) DELEGATION REQUIRED.—At the request of a Governor 

of a State, the Secretary shall delegate to that State the 

authority to carry out functions under sections 899B and 899C, 

if the Secretary determines that the State is capable of satisfactorily carrying out such functions. 

‘‘(3) FUNDING.—Subject to the availability of appropriations, 

if the Secretary delegates functions to a State under this subsection, the Secretary shall provide to that State sufficient 

funds to carry out the delegated functions. 

‘‘(c) PROVISION OF GUIDANCE AND NOTIFICATION MATERIALS TO

AMMONIUM NITRATE FACILITIES.— 

‘‘(1) GUIDANCE.—The Secretary shall make available to 

each owner of an ammonium nitrate facility registered under 

section 899B(c)(1) guidance on— 

‘‘(A) the identification of suspicious ammonium nitrate 

purchases or transfers or attempted purchases or transfers; 

‘‘(B) the appropriate course of action to be taken by 

the ammonium nitrate facility owner with respect to such 

6 USC 488c. 

6 USC 488b. 


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a purchase or transfer or attempted purchase or transfer, 

including— 

‘‘(i) exercising the right of the owner of the ammonium nitrate facility to decline sale of ammonium 

nitrate; and 

‘‘(ii) notifying appropriate law enforcement entities; 

and 

‘‘(C) additional subjects determined appropriate to prevent the misappropriation or use of ammonium nitrate 

in an act of terrorism. 

‘‘(2) USE OF MATERIALS AND PROGRAMS.—In providing guidance under this subsection, the Secretary shall, to the extent 

practicable, leverage any relevant materials and programs. 

‘‘(3) NOTIFICATION MATERIALS.— 

‘‘(A) IN GENERAL.—The Secretary shall make available 

materials suitable for posting at locations where ammonium nitrate is sold. 

‘‘(B) DESIGN OF MATERIALS.—Materials made available 

under subparagraph (A) shall be designed to notify prospective ammonium nitrate purchasers of— 

‘‘(i) the record-keeping requirements under section 

899B; and 

‘‘(ii) the penalties for violating such requirements. 

‘‘SEC. 899E. THEFT REPORTING REQUIREMENT. 

‘‘Any person who is required to comply with section 899B(e) 

who has knowledge of the theft or unexplained loss of ammonium 

nitrate shall report such theft or loss to the appropriate Federal 

law enforcement authorities not later than 1 calendar day of the 

date on which the person becomes aware of such theft or loss. 

Upon receipt of such report, the relevant Federal authorities shall 

inform State, local, and tribal law enforcement entities, as appropriate. 

‘‘SEC. 899F. PROHIBITIONS AND PENALTY. 

‘‘(a) PROHIBITIONS.— 

‘‘(1) TAKING POSSESSION.—No person shall purchase ammonium nitrate from an ammonium nitrate facility unless such 

person is registered under subsection (c) or (d) of section 899B, 

or is an agent of a person registered under subsection (c) 

or (d) of that section. 

‘‘(2) TRANSFERRING POSSESSION.—An owner of an ammonium nitrate facility shall not transfer possession of ammonium 

nitrate from the ammonium nitrate facility to any ammonium 

nitrate purchaser who is not registered under subsection (c) 

or (d) of section 899B, or to any agent acting on behalf of 

an ammonium nitrate purchaser when such purchaser is not 

registered under subsection (c) or (d) of section 899B. 

‘‘(3) OTHER PROHIBITIONS.—No person shall— 

‘‘(A) purchase ammonium nitrate without a registration 

number required under subsection (c) or (d) of section 899B; 

‘‘(B) own or operate an ammonium nitrate facility without a registration number required under section 899B(c); 

or 

‘‘(C) fail to comply with any requirement or violate 

any other prohibition under this subtitle. 

6 USC 488e. 

6 USC 488d. 


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‘‘(b) CIVIL PENALTY.—A person that violates this subtitle may 

be assessed a civil penalty by the Secretary of not more than 

$50,000 per violation. 

‘‘(c) PENALTY CONSIDERATIONS.—In determining the amount of 

a civil penalty under this section, the Secretary shall consider— 

‘‘(1) the nature and circumstances of the violation; 

‘‘(2) with respect to the person who commits the violation, 

any history of prior violations, the ability to pay the penalty, 

and any effect the penalty is likely to have on the ability 

of such person to do business; and 

‘‘(3) any other matter that the Secretary determines that 

justice requires. 

‘‘(d) NOTICE AND OPPORTUNITY FOR A HEARING.—No civil penalty may be assessed under this subtitle unless the person liable 

for the penalty has been given notice and an opportunity for a 

hearing on the violation for which the penalty is to be assessed 

in the county, parish, or incorporated city of residence of that 

person. 

‘‘(e) DELAY IN APPLICATION OF PROHIBITION.—Paragraphs (1) 

and (2) of subsection (a) shall apply on and after the date that 

is 6 months after the date that the Secretary issues a final rule 

implementing this subtitle. 

‘‘SEC. 899G. PROTECTION FROM CIVIL LIABILITY. 

‘‘(a) IN GENERAL.—Notwithstanding any other provision of law, 

an owner of an ammonium nitrate facility that in good faith refuses 

to sell or transfer ammonium nitrate to any person, or that in 

good faith discloses to the Department or to appropriate law enforcement authorities an actual or attempted purchase or transfer of 

ammonium nitrate, based upon a reasonable belief that the person 

seeking purchase or transfer of ammonium nitrate may use the 

ammonium nitrate to create an explosive device to be employed 

in an act of terrorism (as defined in section 3077 of title 18, 

United States Code), or to use ammonium nitrate for any other 

unlawful purpose, shall not be liable in any civil action relating 

to that refusal to sell ammonium nitrate or that disclosure. 

‘‘(b) REASONABLE BELIEF.—A reasonable belief that a person 

may use ammonium nitrate to create an explosive device to be 

employed in an act of terrorism under subsection (a) may not 

solely be based on the race, sex, national origin, creed, religion, 

status as a veteran, or status as a member of the Armed Forces 

of the United States of that person. 

‘‘SEC. 899H. PREEMPTION OF OTHER LAWS. 

‘‘(a) OTHER FEDERAL REGULATIONS.—Except as provided in section 899G, nothing in this subtitle affects any regulation issued 

by any agency other than an agency of the Department. 

‘‘(b) STATE LAW.—Subject to section 899G, this subtitle preempts the laws of any State to the extent that such laws are 

inconsistent with this subtitle, except that this subtitle shall not 

preempt any State law that provides additional protection against 

the acquisition of ammonium nitrate by terrorists or the use of 

ammonium nitrate in explosives in acts of terrorism or for other 

illicit purposes, as determined by the Secretary. 

‘‘SEC. 899I. DEADLINES FOR REGULATIONS. 

‘‘The Secretary— 

6 USC 488h. 

6 USC 488g. 

6 USC 488f. 

Regulations. 


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‘‘(1) shall issue a proposed rule implementing this subtitle 

not later than 6 months after the date of the enactment of 

this subtitle; and 

‘‘(2) issue a final rule implementing this subtitle not later 

than 1 year after such date of enactment. 

‘‘SEC. 899J. AUTHORIZATION OF APPROPRIATIONS. 

‘‘There are authorized to be appropriated to the Secretary— 

‘‘(1) $2,000,000 for fiscal year 2008; and 

‘‘(2) $10,750,000 for each of fiscal years 2009 through 

2012.’’. 

(b) CLERICAL AMENDMENT.—The table of contents in section 

1(b) of such Act is amended by inserting after the item relating 

to section 899 the following: 

‘‘Subtitle J—Secure Handling of Ammonium Nitrate 

‘‘Sec. 899A. Definitions. 

‘‘Sec. 899B. Regulation of the sale and transfer of ammonium nitrate. 

‘‘Sec. 899C. Inspection and auditing of records. 

‘‘Sec. 899D. Administrative provisions. 

‘‘Sec. 899E. Theft reporting requirement. 

‘‘Sec. 899F. Prohibitions and penalty. 

‘‘Sec. 899G. Protection from civil liability. 

‘‘Sec. 899H. Preemption of other laws. 

‘‘Sec. 899I. Deadlines for regulations. 

‘‘Sec. 899J. Authorization of appropriations.’’. 

SEC. 564. IMPROVEMENT OF BARRIERS AT BORDER. (a) Section 

102 of the Illegal Immigration Reform and Immigrant Responsibility 

Act of 1996 (8 U.S.C. 1103 note) is amended— 

(1) in subsection (a), by striking ‘‘Attorney General, in 

consultation with the Commissioner of Immigration and Naturalization,’’ and inserting ‘‘Secretary of Homeland Security’’; 

and 

(2) in subsection (b)— 

(A) in the subsection heading, by striking ‘‘IN THE

BORDER AREA’’ and inserting ‘‘ALONG THE BORDER’’; 

(B) in paragraph (1)— 

(i) in the heading, by striking ‘‘SECURITY FEATURES’’ and inserting ‘‘ADDITIONAL FENCING ALONG

SOUTHWEST BORDER’’; and 

(ii) by striking subparagraphs (A) through (C) and 

inserting the following: 

‘‘(A) REINFORCED FENCING.—In carrying out subsection 

(a), the Secretary of Homeland Security shall construct 

reinforced fencing along not less than 700 miles of the 

southwest border where fencing would be most practical 

and effective and provide for the installation of additional 

physical barriers, roads, lighting, cameras, and sensors 

to gain operational control of the southwest border. 

‘‘(B) PRIORITY AREAS.—In carrying out this section, the 

Secretary of Homeland Security shall— 

‘‘(i) identify the 370 miles, or other mileage determined by the Secretary, whose authority to determine 

other mileage shall expire on December 31, 2008, along 

the southwest border where fencing would be most 

practical and effective in deterring smugglers and 

aliens attempting to gain illegal entry into the United 

States; and 

Expiration date. 

6 USC 488i. 


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‘‘(ii) not later than December 31, 2008, complete 

construction of reinforced fencing along the miles 

identified under clause (i). 

‘‘(C) CONSULTATION.— 

‘‘(i) IN GENERAL.—In carrying out this section, the 

Secretary of Homeland Security shall consult with the 

Secretary of the Interior, the Secretary of Agriculture, 

States, local governments, Indian tribes, and property 

owners in the United States to minimize the impact 

on the environment, culture, commerce, and quality 

of life for the communities and residents located near 

the sites at which such fencing is to be constructed. 

‘‘(ii) SAVINGS PROVISION.—Nothing in this subparagraph may be construed to— 

‘‘(I) create or negate any right of action for 

a State, local government, or other person or entity 

affected by this subsection; or 

‘‘(II) affect the eminent domain laws of the 

United States or of any State. 

‘‘(D) LIMITATION ON REQUIREMENTS.—Notwithstanding 

subparagraph (A), nothing in this paragraph shall require 

the Secretary of Homeland Security to install fencing, physical barriers, roads, lighting, cameras, and sensors in a 

particular location along an international border of the 

United States, if the Secretary determines that the use 

or placement of such resources is not the most appropriate 

means to achieve and maintain operational control over 

the international border at such location.’’; and 

(C) in paragraph (4), by striking ‘‘to carry out this 

subsection not to exceed $12,000,000’’ and inserting ‘‘such 

sums as may be necessary to carry out this subsection’’. 

(b) No funds appropriated in this Act for U.S. Customs and 

Border Protection ‘‘Border Security Fencing, Infrastructure, and 

Technology’’ may be obligated unless the Secretary of Homeland 

Security has complied with section 102(b)(2)(C)(i) of the Illegal 

Immigration Reform and Immigrant Responsibility Act of 1996 

(8 U.S.C. 1103 note) as amended by subsection (a)(2). 

SEC. 565. INTERNATIONAL REGISTERED TRAVELER PROGRAM. Section 7208(k)(3) of the Intelligence Reform and Terrorism Prevention 

Act of 2004 (8 U.S.C. 1365b(k)(3)) is amended to read as follows: 

‘‘(3) INTERNATIONAL REGISTERED TRAVELER PROGRAM.— 

‘‘(A) IN GENERAL.—The Secretary of Homeland Security 

shall establish an international registered traveler program 

that incorporates available technologies, such as biometrics 

and e-passports, and security threat assessments to expedite the screening and processing of international travelers, 

including United States Citizens and residents, who enter 

and exit the United States. The program shall be coordinated with the United States Visitor and Immigrant Status 

Indicator Technology program, other pre-screening initiatives, and the Visa Waiver Program. 

‘‘(B) FEES.—The Secretary may impose a fee for the 

program established under subparagraph (A) and may 

modify such fee from time to time. The fee may not exceed 

the aggregate costs associated with the program and shall 

be credited to the Department of Homeland Security for 

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purposes of carrying out the program. Amounts so credited 

shall remain available until expended. 

‘‘(C) RULEMAKING.—Within 365 days after the date 

of enactment of this paragraph, the Secretary shall initiate 

a rulemaking to establish the program, criteria for participation, and the fee for the program. 

‘‘(D) IMPLEMENTATION.—Not later than 2 years after 

the date of enactment of this paragraph, the Secretary 

shall establish a phased-implementation of a biometricbased international registered traveler program in conjunction with the United States Visitor and Immigrant Status 

Indicator Technology entry and exit system, other prescreening initiatives, and the Visa Waiver Program at 

United States airports with the highest volume of international travelers. 

‘‘(E) PARTICIPATION.—The Secretary shall ensure that 

the international registered traveler program includes as 

many participants as practicable by— 

‘‘(i) establishing a reasonable cost of enrollment; 

‘‘(ii) making program enrollment convenient and 

easily accessible; and 

‘‘(iii) providing applicants with clear and consistent 

eligibility guidelines.’’. 

SEC. 566. SHARED BORDER MANAGEMENT. (a) STUDY.—The 

Comptroller General of the United States shall conduct a study 

on the Department of Homeland Security’s use of shared border 

management to secure the international borders of the United 

States. 

(b) REPORT.—The Comptroller General shall submit a report 

to Congress that describes— 

(1) any negotiations, plans, or designs conducted by officials 

of the Department of Homeland Security regarding the practice 

of shared border management; and 

(2) the factors required to be in place for shared border 

management to be successful. 

SEC. 567. None of the funds made available in this Act may 

be used for planning, testing, piloting, or developing a national 

identification card. 

SEC. 568. TRANSPORTATION SECURITY ADMINISTRATION ACQUISITION MANAGEMENT POLICY. (a) IN GENERAL.—Section 114 of title 

49, United States Code, is amended by striking subsection (o) and 

redesignating subsections (p) through (t) as subsections (o) through 

(s), respectively. 

(b) EFFECTIVE DATE.—The amendment made by subsection (a) 

shall take effect 180 days after the date of enactment of this 

Act. 

SEC. 569. (a) Notwithstanding any other provision of this Act, 

except as provided in subsection (b), and 30 days after the date 

that the President determines whether to declare a major disaster 

because of an event and any appeal is completed, the Administrator 

shall submit to the Committee on Homeland Security and Governmental Affairs of the Senate, the Committee on Homeland Security 

of the House of Representatives, the Committee on Transportation 

and Infrastructure of the House of Representatives, the Committees 

on Appropriations of the Senate and the House of Representatives, 

and publish on the website of the Federal Emergency Management 

Agency, a report regarding that decision, which shall summarize 

Deadline. 

President. 

Website. 

Reports. 

49 USC 114 note. 

Deadline. 

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damage assessment information used to determine whether to 

declare a major disaster. 

(b) The Administrator may redact from a report under subsection (a) any data that the Administrator determines would compromise national security. 

(c) In this section— 

(1) the term ‘‘Administrator’’ means the Administrator of 

the Federal Emergency Management Agency; and 

(2) the term ‘‘major disaster’’ has the meaning given that 

term in section 102 of the Robert T. Stafford Disaster Relief 

and Emergency Assistance Act (42 U.S.C. 5122). 

SEC. 570. If the Secretary of Homeland Security establishes 

a National Transportation Security Center of Excellence to conduct 

research and education activities, and to develop or provide professional security training, including the training of transportation 

employees and transportation professionals, the Mineta Transportation Institute at San Jose State University may be included 

as a member institution of such Center. 

SEC. 571. Effective no later than ninety days after the date 

of enactment of this Act, the Transportation Security Administration shall permit approved members of Registered Traveler programs to satisfy fully the required identity verification procedures 

at security screening checkpoints by presenting a biometricallysecure Registered Traveler card in lieu of the government-issued 

photo identification document required of non-participants: Provided, That if their identity is not confirmed biometrically, the 

standard identity and screening procedures will apply: Provided 

further, That if the Assistant Secretary (Transportation Security 

Administration) determines this is a threat to civil aviation, then 

the Assistant Secretary (Transportation Security Administration) 

shall notify the Committees on Appropriations of the Senate and 

House of Representatives five days in advance of such determination 

and require Registered Travelers to present government-issued 

photo identification documents in conjunction with a biometricallysecure Registered Traveler card. 

SEC. 572. Section 831(a) of the Homeland Security Act of 2002 

(6 U.S.C. 391(a)) is amended by striking ‘‘During the 5-year period 

following the effective date of this Act’’ and inserting ‘‘Until September 30, 2008’’. 

SEC. 573. (a) RESCISSION.—Of amounts previously made available from the Federal Emergency Management Agency ‘‘Disaster 

Relief’’ to the State of Mississippi pursuant to section 404 of the 

Robert T. Stafford Disaster Relief and Emergency Assistance Act 

(42 U.S.C. 5170c) for Hurricane Katrina, $20,000,000 are rescinded. 

(b) APPROPRIATION.—For Federal Emergency Management 

Agency ‘‘State and Local Programs’’, there is appropriated an additional $20,000,000, to remain available until expended, for a grant 

to the State of Mississippi for an interoperable communications 

system required in the aftermath of Hurricane Katrina: Provided, 

That this entire amount is designated as described in section 5 

(in the matter preceding division A of this consolidated Act). 

Notification. 

Deadline. 

Applicability. 

Effective date. 

Biometric card. 

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TITLE VI 

BORDER INFRASTRUCTURE AND TECHNOLOGY 

MODERNIZATION 

SEC. 601. SHORT TITLE. 

This title may be cited as the ‘‘Border Infrastructure and Technology Modernization Act of 2007’’. 

SEC. 602. DEFINITIONS.—In this title: 

(1) COMMISSIONER.—The term ‘‘Commissioner’’ means the 

Commissioner of U.S. Customs and Border Protection of the 

Department of Homeland Security. 

(2) MAQUILADORA.—The term ‘‘maquiladora’’ means an 

entity located in Mexico that assembles and produces goods 

from imported parts for export to the United States. 

(3) NORTHERN BORDER.—The term ‘‘northern border’’ means 

the international border between the United States and 

Canada. 

(4) SECRETARY.—The term ‘‘Secretary’’ means the Secretary 

of the Department of Homeland Security. 

(5) SOUTHERN BORDER.—The term ‘‘southern border’’ means 

the international border between the United States and Mexico. 

SEC. 603. PORT OF ENTRY INFRASTRUCTURE ASSESSMENT

STUDY.—(a) REQUIREMENT TO UPDATE.—Not later than January 

31 of every other year, the Commissioner, in consultation with 

the Administrator of General Services shall— 

(1) review— 

(A) the Port of Entry Infrastructure Assessment Study 

prepared by the United States Customs Service, the 

Immigration and Naturalization Service, and the General 

Services Administration in accordance with the matter 

relating to the ports of entry infrastructure assessment 

set forth in the joint explanatory statement on page 67 

of conference report 106–319, accompanying Public Law 

106–58; and 

(B) the nationwide strategy to prioritize and address 

the infrastructure needs at the land ports of entry prepared 

by the Department of Homeland Security and the General 

Services Administration in accordance with the committee 

recommendations on page 22 of Senate report 108–86, 

accompanying Public Law 108–90; 

(2) update the assessment of the infrastructure needs of 

all United States land ports of entry; and 

(3) submit an updated assessment of land port of entry 

infrastructure needs to the Committees on Appropriations of 

the Senate and the House of Representatives, the Senate Committee on Environment and Public Works, the Senate Committee on Homeland Security and Governmental Affairs, the 

House Committee on Transportation and Infrastructure, and 

the House Committee on Homeland Security. 

(b) CONSULTATION.—In preparing the updated studies required 

under subsection (a), the Commissioner and the Administrator of 

General Services shall consult with the Director of the Office of 

Management and Budget, the Secretary, and affected State and 

local agencies on the northern and southern borders of the United 

States. 

Deadline. 

6 USC 1402. 

6 USC 1401. 

6 USC 1401 note. 

Border 

Infrastructure 

and Technology 

Modernization 

Act of 2007. 


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(c) CONTENT.—Each updated study required in subsection (a) 

shall— 

(1) identify port of entry infrastructure and technology 

improvement projects that would enhance border security and 

facilitate the flow of legitimate commerce if implemented; 

(2) include the projects identified in the National Land 

Border Security Plan required by section 604; and 

(3) prioritize the projects described in paragraphs (1) and 

(2) based on the ability of a project— 

(A) to enhance the ability of U.S. Customs and Border 

Protection to achieve its mission and to support operations; 

(B) to fulfill security requirements; and 

(C) facilitate trade across the borders of the United 

States. 

(d) PROJECT IMPLEMENTATION.—The Commissioner, as appropriate, shall— 

(1) implement the infrastructure and technology improvement projects described in subsection (c) in the order of priority 

assigned to each project under subsection (c)(3); or 

(2) forward the prioritized list of infrastructure and technology improvement projects to the Administrator of General 

Services for implementation in the order of priority assigned 

to each project under subsection (c)(3). 

(e) DIVERGENCE FROM PRIORITIES.—The Commissioner may 

diverge from the priority order if the Commissioner determines 

that significantly changed circumstances, including immediate security needs, changes in infrastructure in Mexico or Canada, or similar 

concerns, compellingly alter the need for a project in the United 

States. 

SEC. 604. NATIONAL LAND BORDER SECURITY PLAN. (a) 

REQUIREMENT FOR PLAN.—Not later than January 31 of every other 

year, the Secretary, acting through the Commissioner, shall prepare 

a National Land Border Security Plan and submit such plan to 

the Committees on Appropriations of the Senate and the House 

of Representatives, the Senate Committee on Environment and 

Public Works, the Senate Committee on Homeland Security and 

Governmental Affairs, the Senate Committee on the Judiciary, the 

House Committee on Transportation and Infrastructure, the House 

Committee on Homeland Security, and the House Committee on 

the Judiciary. 

(b) CONSULTATION.—In preparing the plan required under subsection (a), the Commissioner shall consult with other appropriate 

Federal agencies, State and local law enforcement agencies, and 

private entities that are involved in international trade across the 

northern or southern border. 

(c) VULNERABILITY ASSESSMENT.— 

(1) IN GENERAL.—The plan required under subsection (a) 

shall include a vulnerability, risk, and threat assessment of 

each port of entry located on the northern border or the 

southern border. 

(2) PORT SECURITY COORDINATORS.—The Secretary, acting 

through the Commissioner, may establish one or more port 

security coordinators at each port of entry located on the 

northern border or the southern border— 

(A) to assist in conducting a vulnerability assessment 

at such port; and 

Deadline. 

6 USC 1403. 


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(B) to provide other assistance with the preparation 

of the plan required under subsection (a). 

(d) COORDINATION WITH THE SECURE BORDER INITIATIVE.—The 

plan required under subsection (a) shall include a description of 

activities undertaken during the previous year as part of the Secure 

Border Initiative and actions planned for the coming year as part 

of the Secure Border Initiative. 

SEC. 605. PORT OF ENTRY TECHNOLOGY DEMONSTRATION PRO- GRAM. (a) ESTABLISHMENT.—The Secretary, acting through the 

Commissioner, shall carry out a technology demonstration program 

to test and evaluate new port of entry technologies, refine port 

of entry technologies and operational concepts, and train personnel 

under realistic conditions. 

(b) TECHNOLOGY TESTED.—Under the demonstration program, 

the Commissioner shall test technologies that enhance port of entry 

operations, including those related to inspections, communications, 

port tracking, identification of persons and cargo, sensory devices, 

personal detection, decision support, and the detection and identification of weapons of mass destruction. 

(c) DEMONSTRATION SITES.— 

(1) NUMBER.—The Commissioner shall carry out the demonstration program at not less than three sites and not more 

than five sites. 

(2) LOCATION.—Of the sites selected under subsection (c)— 

(A) at least one shall be located on the northern border 

of the United States; and 

(B) at least one shall be located on the southern border 

of the United States. 

(3) SELECTION CRITERIA.—To ensure that one of the facilities selected as a port of entry demonstration site for the 

demonstration program has the most up-to-date design, contains sufficient space to conduct the demonstration program, 

has a traffic volume low enough to easily incorporate new 

technologies without interrupting normal processing activity, 

and can efficiently carry out demonstration and port of entry 

operations, one port of entry selected as a demonstration site 

may— 

(A) have been established not more than 15 years 

before the date of the enactment of this Act; 

(B) consist of not less than 65 acres, with the possibility 

of expansion onto not less than 25 adjacent acres; and 

(C) have serviced an average of not more than 50,000 

vehicles per month during the 12 months preceding the 

date of the enactment of this Act. 

(d) RELATIONSHIP WITH OTHER AGENCIES.—The Secretary, 

acting through the Commissioner, shall permit personnel from 

appropriate Federal agencies to utilize a demonstration site 

described in subsection (c) to test technologies that enhance port 

of entry operations, including those related to inspections, communications, port tracking, identification of persons and cargo, sensory 

devices, personal detection, decision support, and the detection and 

identification of weapons of mass destruction. 

(e) REPORT.— 

(1) REQUIREMENT.—Not later than 1 year after the date 

of the enactment of this Act, and annually thereafter, the 

Secretary shall submit to the Committees on Appropriations 

of the Senate and the House of Representatives, the Senate 

6 USC 1404. 


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Committee on Environment and Public Works, the Senate Committee on Homeland Security and Governmental Affairs, the 

House Committee on Transportation and Infrastructure, and 

the House Committee on Homeland Security a report on the 

activities carried out at each demonstration site under the 

technology demonstration program established under this section. 

(2) CONTENT.—The report shall include an assessment by 

the Commissioner of the feasibility of incorporating any demonstrated technology for use throughout U.S. Customs and 

Border Protection. 

SEC. 606. AUTHORIZATION OF APPROPRIATIONS. (a) IN GEN- ERAL.—In addition to any funds otherwise available, there are 

authorized to be appropriated such sums as may be necessary 

to carry out this title for fiscal years 2009 through 2013. 

(b) INTERNATIONAL AGREEMENTS.—Funds authorized to be 

appropriated under this title may be used for the implementation 

of projects described in the Declaration on Embracing Technology 

and Cooperation to Promote the Secure and Efficient Flow of People 

and Commerce across our Shared Border between the United States 

and Mexico, agreed to March 22, 2002, Monterrey, Mexico (commonly known as the Border Partnership Action Plan) or the Smart 

Border Declaration between the United States and Canada, agreed 

to December 12, 2001, Ottawa, Canada that are consistent with 

the provisions of this title. 

This division may be cited as the ‘‘Department of Homeland 

Security Appropriations Act, 2008’’. 

DIVISION F—DEPARTMENT OF THE INTERIOR, ENVIRONMENT, AND RELATED AGENCIES APPROPRIATIONS ACT, 

2008 

TITLE I 

DEPARTMENT OF THE INTERIOR 

BUREAU OF LAND MANAGEMENT

MANAGEMENT OF LANDS AND RESOURCES

For necessary expenses for protection, use, improvement, 

development, disposal, cadastral surveying, classification, acquisition of easements and other interests in lands, and performance 

of other functions, including maintenance of facilities, as authorized 

by law, in the management of lands and their resources under 

the jurisdiction of the Bureau of Land Management, including the 

general administration of the Bureau, and assessment of mineral 

potential of public lands pursuant to Public Law 96–487 (16 U.S.C. 

3150(a)), $867,463,000, to remain available until expended, of which 

not to exceed $91,629,000 is available for oil and gas management; 

and of which $1,500,000 is for high priority projects, to be carried 

out by the Youth Conservation Corps; and of which $2,900,000 

shall be available in fiscal year 2008 subject to a match by at 

least an equal amount by the National Fish and Wildlife Foundation 

for cost-shared projects supporting conservation of Bureau lands; 

and such funds shall be advanced to the Foundation as a lump 

sum grant without regard to when expenses are incurred. 

Department of 

the Interior, 

Environment, 

and Related 

Agencies 

Appropriations 

Act, 2008. 

6 USC 1405. 


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In addition, $25,500,000 is for the processing of applications 

for permit to drill and related use authorizations, to remain available until expended, to be reduced by amounts collected by the 

Bureau and credited to this appropriation that shall be derived 

from $4,000 per new application for permit to drill that the Bureau 

shall collect upon submission of each new application, and in addition, $34,696,000 is for Mining Law Administration program operations, including the cost of administering the mining claim fee 

program; to remain available until expended, to be reduced by 

amounts collected by the Bureau and credited to this appropriation 

from annual mining claim fees so as to result in a final appropriation estimated at not more than $867,463,000, and $2,000,000, 

to remain available until expended, from communication site rental 

fees established by the Bureau for the cost of administering communication site activities. 

CONSTRUCTION

For construction of buildings, recreation facilities, roads, trails, 

and appurtenant facilities, $6,476,000, to remain available until 

expended. 

LAND ACQUISITION

For expenses necessary to carry out sections 205, 206, and 

318(d) of Public Law 94–579, including administrative expenses 

and acquisition of lands or waters, or interests therein, $9,081,000, 

to be derived from the Land and Water Conservation Fund and 

to remain available until expended. 

OREGON AND CALIFORNIA GRANT LANDS

For expenses necessary for management, protection, and 

development of resources and for construction, operation, and 

maintenance of access roads, reforestation, and other improvements 

on the revested Oregon and California Railroad grant lands, on 

other Federal lands in the Oregon and California land-grant counties of Oregon, and on adjacent rights-of-way; and acquisition of 

lands or interests therein, including existing connecting roads on 

or adjacent to such grant lands; $110,242,000, to remain available 

until expended: Provided, That 25 percent of the aggregate of all 

receipts during the current fiscal year from the revested Oregon 

and California Railroad grant lands is hereby made a charge against 

the Oregon and California land-grant fund and shall be transferred 

to the General Fund in the Treasury in accordance with the second 

paragraph of subsection (b) of title II of the Act of August 28, 

1937 (50 Stat. 876). 

FOREST ECOSYSTEM HEALTH AND RECOVERY FUND

(REVOLVING FUND, SPECIAL ACCOUNT) 

In addition to the purposes authorized in Public Law 102– 

381, funds made available in the Forest Ecosystem Health and 

Recovery Fund can be used for the purpose of planning, preparing, 

implementing and monitoring salvage timber sales and forest ecosystem health and recovery activities, such as release from competing vegetation and density control treatments. The Federal share 

of receipts (defined as the portion of salvage timber receipts not 


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paid to the counties under 43 U.S.C. 1181f and 43 U.S.C. 1181f– 

1 et seq., and Public Law 106–393) derived from treatments funded 

by this account shall be deposited into the Forest Ecosystem Health 

and Recovery Fund. 

RANGE IMPROVEMENTS

For rehabilitation, protection, and acquisition of lands and 

interests therein, and improvement of Federal rangelands pursuant 

to section 401 of the Federal Land Policy and Management Act 

of 1976 (43 U.S.C. 1701), notwithstanding any other Act, sums 

equal to 50 percent of all moneys received during the prior fiscal 

year under sections 3 and 15 of the Taylor Grazing Act (43 U.S.C. 

315 et seq.) and the amount designated for range improvements 

from grazing fees and mineral leasing receipts from BankheadJones lands transferred to the Department of the Interior pursuant 

to law, but not less than $10,000,000, to remain available until 

expended: Provided, That not to exceed $600,000 shall be available 

for administrative expenses. 

SERVICE CHARGES, DEPOSITS, AND FORFEITURES

For administrative expenses and other costs related to processing application documents and other authorizations for use and 

disposal of public lands and resources, for costs of providing copies 

of official public land documents, for monitoring construction, operation, and termination of facilities in conjunction with use 

authorizations, and for rehabilitation of damaged property, such 

amounts as may be collected under Public Law 94–579, as amended, 

and Public Law 93–153, to remain available until expended: Provided, That, notwithstanding any provision to the contrary of section 

305(a) of Public Law 94–579 (43 U.S.C. 1735(a)), any moneys that 

have been or will be received pursuant to that section, whether 

as a result of forfeiture, compromise, or settlement, if not appropriate for refund pursuant to section 305(c) of that Act (43 U.S.C. 

1735(c)), shall be available and may be expended under the 

authority of this Act by the Secretary to improve, protect, or 

rehabilitate any public lands administered through the Bureau 

of Land Management which have been damaged by the action 

of a resource developer, purchaser, permittee, or any unauthorized 

person, without regard to whether all moneys collected from each 

such action are used on the exact lands damaged which led to 

the action: Provided further, That any such moneys that are in 

excess of amounts needed to repair damage to the exact land 

for which funds were collected may be used to repair other damaged 

public lands. 

MISCELLANEOUS TRUST FUNDS

In addition to amounts authorized to be expended under 

existing laws, there is hereby appropriated such amounts as may 

be contributed under section 307 of the Act of October 21, 1976 

(43 U.S.C. 1701), and such amounts as may be advanced for 

administrative costs, surveys, appraisals, and costs of making 

conveyances of omitted lands under section 211(b) of that Act, 

to remain available until expended. 

43 USC 1735 

note. 


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WILDLAND FIRE MANAGEMENT

(INCLUDING TRANSFER OF FUNDS) 

For necessary expenses for fire preparedness, suppression operations, fire science and research, emergency rehabilitation, hazardous fuels reduction, and rural fire assistance by the Department 

of the Interior, $820,878,000, to remain available until expended, 

of which not to exceed $6,234,000 shall be for the renovation or 

construction of fire facilities: Provided, That such funds are also 

available for repayment of advances to other appropriation accounts 

from which funds were previously transferred for such purposes: 

Provided further, That persons hired pursuant to 43 U.S.C. 1469 

may be furnished subsistence and lodging without cost from funds 

available from this appropriation: Provided further, That notwithstanding 42 U.S.C. 1856d, sums received by a bureau or office 

of the Department of the Interior for fire protection rendered pursuant to 42 U.S.C. 1856 et seq., protection of United States property, 

may be credited to the appropriation from which funds were 

expended to provide that protection, and are available without 

fiscal year limitation: Provided further, That using the amounts 

designated under this title of this Act, the Secretary of the Interior 

may enter into procurement contracts, grants, or cooperative agreements, for hazardous fuels reduction activities, and for training 

and monitoring associated with such hazardous fuels reduction 

activities, on Federal land, or on adjacent non-Federal land for 

activities that benefit resources on Federal land: Provided further, 

That the costs of implementing any cooperative agreement between 

the Federal Government and any non-Federal entity may be shared, 

as mutually agreed on by the affected parties: Provided further, 

That notwithstanding requirements of the Competition in Contracting Act, the Secretary, for purposes of hazardous fuels reduction activities, may obtain maximum practicable competition among: 

(1) local private, nonprofit, or cooperative entities; (2) Youth Conservation Corps crews, Public Lands Corps (Public Law 109–154), 

or related partnerships with State, local, or non-profit youth groups; 

(3) small or micro-businesses; or (4) other entities that will hire 

or train locally a significant percentage, defined as 50 percent 

or more, of the project workforce to complete such contracts: Provided further, That in implementing this section, the Secretary 

shall develop written guidance to field units to ensure accountability 

and consistent application of the authorities provided herein: Provided further, That funds appropriated under this head may be 

used to reimburse the United States Fish and Wildlife Service 

and the National Marine Fisheries Service for the costs of carrying 

out their responsibilities under the Endangered Species Act of 1973 

(16 U.S.C. 1531 et seq.) to consult and conference, as required 

by section 7 of such Act, in connection with wildland fire management activities: Provided further, That the Secretary of the Interior 

may use wildland fire appropriations to enter into non-competitive 

sole source leases of real property with local governments, at or 

below fair market value, to construct capitalized improvements 

for fire facilities on such leased properties, including but not limited 

to fire guard stations, retardant stations, and other initial attack 

and fire support facilities, and to make advance payments for any 

such lease or for construction activity associated with the lease: 

Guidance. 


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Provided further, That the Secretary of the Interior and the Secretary of Agriculture may authorize the transfer of funds appropriated for wildland fire management, in an aggregate amount 

not to exceed $10,000,000, between the Departments when such 

transfers would facilitate and expedite jointly funded wildland fire 

management programs and projects: Provided further, That funds 

provided for wildfire suppression shall be available for support 

of Federal emergency response actions: Provided further, That 

Public Law 110–116, division B, section 157(b)(2) is amended by 

inserting after ‘‘to other accounts’’ the phrase ‘‘and non-suppression 

budget activities’’. 

ADMINISTRATIVE PROVISIONS

Appropriations for the Bureau of Land Management shall be 

available for purchase, erection, and dismantlement of temporary 

structures, and alteration and maintenance of necessary buildings 

and appurtenant facilities to which the United States has title; 

up to $100,000 for payments, at the discretion of the Secretary, 

for information or evidence concerning violations of laws administered by the Bureau; miscellaneous and emergency expenses of 

enforcement activities authorized or approved by the Secretary and 

to be accounted for solely on the Secretary’s certificate, not to 

exceed $10,000: Provided, That notwithstanding 44 U.S.C. 501, 

the Bureau may, under cooperative cost-sharing and partnership 

arrangements authorized by law, procure printing services from 

cooperators in connection with jointly produced publications for 

which the cooperators share the cost of printing either in cash 

or in services, and the Bureau determines the cooperator is capable 

of meeting accepted quality standards. 

Section 28 of title 30, United States Code, is amended: (1) 

in section 28 by striking the phrase ‘‘shall commence at 12 o’clock 

meridian on the 1st day of September’’ and inserting ‘‘shall commence at 12:01 ante meridian on the first day of September’’; 

(2) in section 28f(a), by striking the phrase ‘‘for years 2004 through 

2008’’; and (3) in section 28g, by striking the phrase ‘‘and before 

September 30, 2008,’’. 

Sums not to exceed 1 percent of the total value of procurements 

received by the Bureau of Land Management from vendors under 

enterprise information technology-procurements that the Department of the Interior and other Federal Government agencies may 

use to order information technology hereafter may be deposited 

into the Management of Lands and Resources account to offset 

costs incurred in conducting the procurement. 

UNITED STATES FISH AND WILDLIFE SERVICE

RESOURCE MANAGEMENT

For necessary expenses of the United States Fish and Wildlife 

Service, as authorized by law, and for scientific and economic 

studies, maintenance of the herd of long-horned cattle on the 

Wichita Mountains Wildlife Refuge, general administration, and 

for the performance of other authorized functions related to such 

resources by direct expenditure, contracts, grants, cooperative agreements and reimbursable agreements with public and private entities, $1,099,772,000, to remain available until September 30, 2009 

except as otherwise provided herein: Provided, That $2,500,000 

43 USC 1474f. 

28 USC 28f, 28g. 

Ante, p. 1342. 


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is for high priority projects, which shall be carried out by the 

Youth Conservation Corps: Provided further, That not to exceed 

$18,263,000 shall be used for implementing subsections (a), (b), 

(c), and (e) of section 4 of the Endangered Species Act, as amended, 

for species that are indigenous to the United States (except for 

processing petitions, developing and issuing proposed and final 

regulations, and taking any other steps to implement actions 

described in subsection (c)(2)(A), (c)(2)(B)(i), or (c)(2)(B)(ii)), of which 

not to exceed $9,926,000 shall be used for any activity regarding 

the designation of critical habitat, pursuant to subsection (a)(3), 

excluding litigation support, for species listed pursuant to subsection 

(a)(1) prior to October 1, 2007: Provided further, That of the amount 

available for law enforcement, up to $400,000, to remain available 

until expended, may at the discretion of the Secretary be used 

for payment for information, rewards, or evidence concerning violations of laws administered by the Service, and miscellaneous and 

emergency expenses of enforcement activity, authorized or approved 

by the Secretary and to be accounted for solely on the Secretary’s 

certificate: Provided further, That of the amount provided for 

environmental contaminants, up to $1,000,000 may remain available until expended for contaminant sample analyses. 

CONSTRUCTION

For construction, improvement, acquisition, or removal of 

buildings and other facilities required in the conservation, management, investigation, protection, and utilization of fishery and wildlife resources, and the acquisition of lands and interests therein; 

$33,688,000, to remain available until expended. 

LAND ACQUISITION

For expenses necessary to carry out the Land and Water Conservation Fund Act of 1965, as amended (16 U.S.C. 460l–4 through 

11), including administrative expenses, and for acquisition of land 

or waters, or interest therein, in accordance with statutory authority 

applicable to the United States Fish and Wildlife Service, 

$35,144,000, to be derived from the Land and Water Conservation 

Fund and to remain available until expended, of which, notwithstanding 16 U.S.C. 460l–9, not more than $1,750,000 shall be for 

land conservation partnerships authorized by the Highlands Conservation Act of 2004: Provided, That none of the funds appropriated 

for specific land acquisition projects can be used to pay for any 

administrative overhead, planning or other management costs. 

COOPERATIVE ENDANGERED SPECIES CONSERVATION FUND

For expenses necessary to carry out section 6 of the Endangered 

Species Act of 1973 (16 U.S.C. 1531 et seq.), as amended, 

$75,001,000, to remain available until expended, of which 

$25,228,000 is to be derived from the Cooperative Endangered 

Species Conservation Fund, $5,066,666 of which shall be for the 

Idaho Salmon and Clearwater River Basins Habitat Account pursuant to the Snake River Water Rights Act of 2004; and of which 

$49,773,000 is to be derived from the Land and Water Conservation 

Fund. 


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NATIONAL WILDLIFE REFUGE FUND

For expenses necessary to implement the Act of October 17, 

1978 (16 U.S.C. 715s), $14,202,000. 

NORTH AMERICAN WETLANDS CONSERVATION FUND

For expenses necessary to carry out the provisions of the North 

American Wetlands Conservation Act, Public Law 101–233, as 

amended, $42,646,000, to remain available until expended. 

NEOTROPICAL MIGRATORY BIRD CONSERVATION

For expenses necessary to carry out the Neotropical Migratory 

Bird Conservation Act, as amended, (16 U.S.C. 6101 et seq.), 

$4,500,000, to remain available until expended. 

MULTINATIONAL SPECIES CONSERVATION FUND

For expenses necessary to carry out the African Elephant Conservation Act (16 U.S.C. 4201–4203, 4211–4213, 4221–4225, 4241– 

4245, and 1538), the Asian Elephant Conservation Act of 1997 

(16 U.S.C. 4261–4266), the Rhinoceros and Tiger Conservation Act 

of 1994 (16 U.S.C. 5301–5306), the Great Ape Conservation Act 

of 2000 (16 U.S.C. 6301–6305), and the Marine Turtle Conservation 

Act of 2004 (16 U.S.C. 6601–6606), $8,000,000, to remain available 

until expended. 

STATE AND TRIBAL WILDLIFE GRANTS

For wildlife conservation grants to States and to the District 

of Columbia, Puerto Rico, Guam, the United States Virgin Islands, 

the Northern Mariana Islands, American Samoa, and federallyrecognized Indian tribes under the provisions of the Fish and Wildlife Act of 1956 and the Fish and Wildlife Coordination Act, for 

the development and implementation of programs for the benefit 

of wildlife and their habitat, including species that are not hunted 

or fished, $75,000,000, to remain available until expended: Provided, 

That of the amount provided herein, $6,282,000 is for a competitive 

grant program for Indian tribes not subject to the remaining provisions of this appropriation: Provided further, That $5,000,000 is 

for a competitive grant program for States, territories, and other 

jurisdictions with approved plans, not subject to the remaining 

provisions of this appropriation: Provided further, That the Secretary shall, after deducting said $11,282,000 and administrative 

expenses, apportion the amount provided herein in the following 

manner: (1) to the District of Columbia and to the Commonwealth 

of Puerto Rico, each a sum equal to not more than one-half of 

1 percent thereof; and (2) to Guam, American Samoa, the United 

States Virgin Islands, and the Commonwealth of the Northern 

Mariana Islands, each a sum equal to not more than one-fourth 

of 1 percent thereof: Provided further, That the Secretary shall 

apportion the remaining amount in the following manner: (1) onethird of which is based on the ratio to which the land area of 

such State bears to the total land area of all such States; and 

(2) two-thirds of which is based on the ratio to which the population 

of such State bears to the total population of all such States: 


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Provided further, That the amounts apportioned under this paragraph shall be adjusted equitably so that no State shall be apportioned a sum which is less than 1 percent of the amount available 

for apportionment under this paragraph for any fiscal year or 

more than 5 percent of such amount: Provided further, That the 

Federal share of planning grants shall not exceed 75 percent of 

the total costs of such projects and the Federal share of implementation grants shall not exceed 50 percent of the total costs of such 

projects: Provided further, That the non-Federal share of such 

projects may not be derived from Federal grant programs: Provided 

further, That no State, territory, or other jurisdiction shall receive 

a grant if its comprehensive wildlife conservation plan is disapproved and such funds that would have been distributed to such 

State, territory, or other jurisdiction shall be distributed equitably 

to States, territories, and other jurisdictions with approved plans: 

Provided further, That any amount apportioned in 2008 to any 

State, territory, or other jurisdiction that remains unobligated as 

of September 30, 2009, shall be reapportioned, together with funds 

appropriated in 2010, in the manner provided herein. 

ADMINISTRATIVE PROVISIONS

Appropriations and funds available to the United States Fish 

and Wildlife Service shall be available for repair of damage to 

public roads within and adjacent to reservation areas caused by 

operations of the Service; options for the purchase of land at not 

to exceed $1 for each option; facilities incident to such public recreational uses on conservation areas as are consistent with their 

primary purpose; and the maintenance and improvement of aquaria, 

buildings, and other facilities under the jurisdiction of the Service 

and to which the United States has title, and which are used 

pursuant to law in connection with management, and investigation 

of fish and wildlife resources: Provided, That notwithstanding 44 

U.S.C. 501, the Service may, under cooperative cost sharing and 

partnership arrangements authorized by law, procure printing services from cooperators in connection with jointly produced publications for which the cooperators share at least one-half the cost 

of printing either in cash or services and the Service determines 

the cooperator is capable of meeting accepted quality standards: 

Provided further, That, notwithstanding any other provision of law, 

the Service may use up to $2,000,000 from funds provided for 

contracts for employment-related legal services: Provided further, 

That the Service may accept donated aircraft as replacements for 

existing aircraft: Provided further, That, notwithstanding any other 

provision of law, the Secretary of the Interior may not spend any 

of the funds appropriated in this Act for the purchase of lands 

or interests in lands to be used in the establishment of any new 

unit of the National Wildlife Refuge System unless the purchase 

is approved in advance by the House and Senate Committees on 

Appropriations in compliance with the reprogramming procedures 

contained in the statement of the managers accompanying this 

Act. 


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NATIONAL PARK SERVICE

OPERATION OF THE NATIONAL PARK SYSTEM

For expenses necessary for the management, operation, and 

maintenance of areas and facilities administered by the National 

Park Service (including expenses to carry out programs of the 

United States Park Police), and for the general administration 

of the National Park Service, $2,001,809,000, of which $9,965,000 

is for planning and interagency coordination in support of Everglades restoration and shall remain available until expended; of 

which $101,164,000, to remain available until September 30, 2009, 

is for maintenance, repair or rehabilitation projects for constructed 

assets, operation of the National Park Service automated facility 

management software system, and comprehensive facility condition 

assessments; and of which $3,000,000 shall be for the Youth Conservation Corps for high priority projects. 

CENTENNIAL CHALLENGE

For expenses necessary to carry out provisions of section 814(g) 

of Public Law 104–333 relating to challenge cost share agreements, 

$25,000,000, to remain available until expended for Centennial 

Challenge signature projects and programs: Provided, That not 

less than 50 percent of the total cost of each project or program 

is derived from non-Federal sources in the form of donated cash, 

assets, in-kind services, or a pledge of donation guaranteed by 

an irrevocable letter of credit. 

NATIONAL RECREATION AND PRESERVATION

For expenses necessary to carry out recreation programs, natural programs, cultural programs, heritage partnership programs, 

environmental compliance and review, international park affairs, 

statutory or contractual aid for other activities, and grant administration, not otherwise provided for, $68,481,000, of which not to 

exceed $7,500,000 may be for Preserve America grants to States, 

Tribes, and local communities for projects that preserve important 

historic resources through the promotion of heritage tourism: Provided, That any individual Preserve America grant shall be matched 

by non-Federal funds: Provided further, That individual projects 

shall only be eligible for one grant: Provided further, That grants 

shall be approved by the Secretary of the Interior in consultation 

with the House and Senate Committees on Appropriations, and 

in consultation with the Advisory Council on Historic Preservation 

prior to the commitment of grant funds. 

HISTORIC PRESERVATION FUND

(INCLUDING TRANSFERS OF FUNDS) 

For expenses necessary in carrying out the Historic Preservation Act of 1966, as amended (16 U.S.C. 470), and the Omnibus 

Parks and Public Lands Management Act of 1996 (Public Law 

104–333), $71,500,000, to be derived from the Historic Preservation 

Fund and to remain available until September 30, 2009; of which 

$25,000,000 shall be for Save America’s Treasures for preservation 

of nationally significant sites, structures, and artifacts: Provided, 

That any individual Save America’s Treasures grant shall be 

Grants. 

Approval. 

Consultation. 


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matched by non-Federal funds; individual projects shall only be 

eligible for one grant; and all projects to be funded shall be approved 

by the Secretary of the Interior in consultation with the House 

and Senate Committees on Appropriations: Provided further, That 

Save America’s Treasures funds allocated for Federal projects, following approval, shall be available by transfer to appropriate 

accounts of individual agencies. 

CONSTRUCTION

For construction, improvements, repair or replacement of physical facilities, including the modifications authorized by section 

104 of the Everglades National Park Protection and Expansion 

Act of 1989, $221,985,000, to remain available until expended: 

Provided, That funds provided under this heading for implementation of modified water deliveries to Everglades National Park shall 

be expended consistent with the requirements of the fifth proviso 

under this heading in Public Law 108–108: Provided further, That 

funds provided under this heading for implementation of modified 

water deliveries to Everglades National Park shall be available 

for obligation only if matching funds are appropriated to the Army 

Corps of Engineers for the same purpose: Provided further, That 

none of the funds provided under this heading for implementation 

of modified water deliveries to Everglades National Park shall 

be available for obligation if any of the funds appropriated to 

the Army Corps of Engineers for the purpose of implementing 

modified water deliveries, including finalizing detailed engineering 

and design documents for a bridge or series of bridges for the 

Tamiami Trail component of the project, becomes unavailable for 

obligation: Provided further, That of the funds made available under 

this heading, not to exceed $3,800,000 is authorized to be used 

for the National Park Service’s proportionate cost of upgrading 

the West Yellowstone/Hebgen Basin (Gallatin County, Montana) 

municipal solid waste disposal system for the processing and disposal of municipal solid waste generated within Yellowstone 

National Park: Provided further, That future fees paid by the 

National Park Service to the West Yellowstone/Hebgen Basin Solid 

Waste District will be restricted to operations and maintenance 

costs of the facility, given the capital contribution made by the 

National Park Service. 

LAND AND WATER CONSERVATION FUND

(RESCISSION) 

The contract authority provided for fiscal year 2008 by 16 

U.S.C. 460l–10a is rescinded. 

LAND ACQUISITION AND STATE ASSISTANCE

For expenses necessary to carry out the Land and Water Conservation Act of 1965, as amended (16 U.S.C. 460l–4 through 11), 

including administrative expenses, and for acquisition of lands or 

waters, or interest therein, in accordance with the statutory 

authority applicable to the National Park Service, $70,070,000, 

to be derived from the Land and Water Conservation Fund and 

to remain available until expended, of which $25,000,000 is for 

the State assistance program. 

16 USC 460l–10a 

note. 


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ADMINISTRATIVE PROVISIONS

For fiscal year 2008 and hereafter, if the Secretary of the 

Interior, or either party to a value determination proceeding conducted under a National Park Service concession contract issued 

prior to November 13, 1998, considers that the value determination 

decision issued pursuant to the proceeding misinterprets or 

misapplies relevant contractual requirements or their underlying 

legal authority, the Secretary or either party may seek, within 

180 days of any such decision, the de novo review of the value 

determination decision by the United States Court of Federal 

Claims. This court may make an order affirming, vacating, modifying or correcting the determination decision. 

In addition to other uses set forth in section 407(d) of Public 

Law 105–391, franchise fees credited to a sub-account shall be 

available for expenditure by the Secretary, without further appropriation, for use at any unit within the National Park System 

to extinguish or reduce liability for Possessory Interest or leasehold 

surrender interest. Such funds may only be used for this purpose 

to the extent that the benefiting unit anticipated franchise fee 

receipts over the term of the contract at that unit exceed the 

amount of funds used to extinguish or reduce liability. Franchise 

fees at the benefiting unit shall be credited to the sub-account 

of the originating unit over a period not to exceed the term of 

a single contract at the benefiting unit, in the amount of funds 

so expended to extinguish or reduce liability. 

A willing seller from whom the Service acquires title to real 

property may be considered a ‘‘displaced person’’ for purposes of 

the Uniform Relocation Assistance and Real Property Acquisition 

Policy Act and its implementing regulations, whether or not the 

Service has the authority to acquire such property by eminent 

domain. 

Section 3(f) of the Act of August 21, 1935 (16 U.S.C. 463(f)), 

related to the National Park System Advisory Board, is amended 

in the first sentence by striking ‘‘2007’’ and inserting ‘‘2009’’. 

UNITED STATES GEOLOGICAL SURVEY

SURVEYS, INVESTIGATIONS, AND RESEARCH

For expenses necessary for the United States Geological Survey 

to perform surveys, investigations, and research covering topography, geology, hydrology, biology, and the mineral and water 

resources of the United States, its territories and possessions, and 

other areas as authorized by 43 U.S.C. 31, 1332, and 1340; classify 

lands as to their mineral and water resources; give engineering 

supervision to power permittees and Federal Energy Regulatory 

Commission licensees; administer the minerals exploration program 

(30 U.S.C. 641); conduct inquiries into the economic conditions 

affecting mining and materials processing industries (30 U.S.C. 

3, 21a, and 1603; 50 U.S.C. 98g(1)) and related purposes as authorized by law; and to publish and disseminate data relative to the 

foregoing activities; $1,022,430,000, to remain available until September 30, 2009, of which $63,845,000 shall be available only for 

cooperation with States or municipalities for water resources investigations; of which $40,150,000 shall remain available until 

expended for satellite operations; and of which $8,023,000 shall 

be available until expended for deferred maintenance and capital 

16 USC 5954 

note. 


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improvement projects: Provided, That none of the funds provided 

for the biological research activity shall be used to conduct new 

surveys on private property, unless specifically authorized in writing 

by the property owner: Provided further, That no part of this 

appropriation shall be used to pay more than one-half the cost 

of topographic mapping or water resources data collection and investigations carried on in cooperation with States and municipalities. 

ADMINISTRATIVE PROVISIONS

From within the amount appropriated for activities of the 

United States Geological Survey such sums as are necessary shall 

be available for reimbursement to the General Services Administration for security guard services; contracting for the furnishing of 

topographic maps and for the making of geophysical or other specialized surveys when it is administratively determined that such procedures are in the public interest; construction and maintenance 

of necessary buildings and appurtenant facilities; acquisition of 

lands for gauging stations and observation wells; expenses of the 

United States National Committee on Geology; and payment of 

compensation and expenses of persons on the rolls of the Survey 

duly appointed to represent the United States in the negotiation 

and administration of interstate compacts: Provided, That activities 

funded by appropriations herein made may be accomplished through 

the use of contracts, grants, or cooperative agreements as defined 

in 31 U.S.C. 6302 et seq.: Provided further, That the United States 

Geological Survey may enter into contracts or cooperative agreements directly with individuals or indirectly with institutions or 

nonprofit organizations, without regard to 41 U.S.C. 5, for the 

temporary or intermittent services of students or recent graduates, 

who shall be considered employees for the purpose of chapters 

57 and 81 of title 5, United States Code, relating to compensation 

for travel and work injuries, and chapter 171 of title 28, United 

States Code, relating to tort claims, but shall not be considered 

to be Federal employees for any other purposes. 

MINERALS MANAGEMENT SERVICE

ROYALTY AND OFFSHORE MINERALS MANAGEMENT

For expenses necessary for minerals leasing and environmental 

studies, regulation of industry operations, and collection of royalties, 

as authorized by law; for enforcing laws and regulations applicable 

to oil, gas, and other minerals leases, permits, licenses and operating contracts; for energy-related or other authorized marinerelated purposes on the Outer Continental Shelf; and for matching 

grants or cooperative agreements, $157,202,000, to remain available 

until September 30, 2009, of which $82,371,000 shall be available 

for royalty management activities; and an amount not to exceed 

$135,730,000, to be credited to this appropriation and to remain 

available until expended, from additions to receipts resulting from 

increases to rates in effect on August 5, 1993, from rate increases 

to fee collections for Outer Continental Shelf administrative activities performed by the Minerals Management Service (MMS) over 

and above the rates in effect on September 30, 1993, and from 

additional fees for Outer Continental Shelf administrative activities 

established after September 30, 1993 that the Secretary of the 

Interior shall collect in fiscal year 2008 and retain and use for 

43 USC 50. 


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the necessary expenses of this appropriation: Provided, That to 

the extent $135,730,000 in addition to receipts are not realized 

from the sources of receipts stated above, the amount needed to 

reach $135,730,000 shall be credited to this appropriation from 

receipts resulting from rental rates for Outer Continental Shelf 

leases in effect before August 5, 1993: Provided further, That not 

to exceed $3,000 shall be available for reasonable expenses related 

to promoting volunteer beach and marine cleanup activities: Provided further, That notwithstanding any other provision of law, 

$15,000 under this heading shall be available for refunds of overpayments in connection with certain Indian leases in which the Director 

of MMS concurred with the claimed refund due, to pay amounts 

owed to Indian allottees or tribes, or to correct prior unrecoverable 

erroneous payments: Provided further, That for the costs of administration of the Coastal Impact Assistance Program authorized by 

section 31 of the Outer Continental Shelf Lands Act, as amended 

(43 U.S.C. 1456a), MMS in fiscal years 2008 through 2010 may 

retain up to 3 percent of the amounts which are disbursed under 

section 31(b)(1), such retained amounts to remain available until 

expended. 

OIL SPILL RESEARCH

For necessary expenses to carry out title I, section 1016, title 

IV, sections 4202 and 4303, title VII, and title VIII, section 8201 

of the Oil Pollution Act of 1990, $6,403,000, which shall be derived 

from the Oil Spill Liability Trust Fund, to remain available until 

expended. 

ADMINISTRATIVE PROVISIONS

The eighth proviso under the heading of ‘‘Minerals Management 

Service’’ in division E, title I, of the Consolidated Appropriations 

Act, 2005 (Public Law 108–447), is amended by inserting ‘‘and 

Indian accounts’’ after ‘‘States’’, replacing the term ‘‘provision’’ with 

‘‘provisions’’, and inserting ‘‘and (d)’’ after 30 U.S.C. 1721(b). 

Notwithstanding the provisions of section 35(b) of the Mineral 

Leasing Act, as amended (30 U.S.C. 191(b)), the Secretary shall 

deduct 2 percent from the amount payable to each State in fiscal 

year 2008 and deposit the amount deducted to miscellaneous 

receipts of the Treasury. 

OFFICE OF SURFACE MINING RECLAMATION AND ENFORCEMENT

REGULATION AND TECHNOLOGY

For necessary expenses to carry out the provisions of the Surface Mining Control and Reclamation Act of 1977, Public Law 

95–87, as amended, $120,237,000, to remain available until September 30, 2009: Provided, That the Secretary of the Interior, 

pursuant to regulations, may use directly or through grants to 

States, moneys collected in fiscal year 2008 for civil penalties 

assessed under section 518 of the Surface Mining Control and 

Reclamation Act of 1977 (30 U.S.C. 1268), to reclaim lands adversely 

affected by coal mining practices after August 3, 1977, to remain 

available until expended: Provided further, That appropriations for 

the Office of Surface Mining Reclamation and Enforcement may 

provide for the travel and per diem expenses of State and tribal 

30 USC 1211 

note. 

30 USC 1721 

note. 


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personnel attending Office of Surface Mining Reclamation and 

Enforcement sponsored training. 

ABANDONED MINE RECLAMATION FUND

For necessary expenses to carry out title IV of the Surface 

Mining Control and Reclamation Act of 1977, Public Law 95–87, 

as amended, $52,774,000, to be derived from receipts of the Abandoned Mine Reclamation Fund and to remain available until 

expended: Provided, That pursuant to Public Law 97–365, the 

Department of the Interior is authorized to use up to 20 percent 

from the recovery of the delinquent debt owed to the United States 

Government to pay for contracts to collect these debts: Provided 

further, That amounts provided under this heading may be used 

for the travel and per diem expenses of State and tribal personnel 

attending Office of Surface Mining Reclamation and Enforcement 

sponsored training. 

ADMINISTRATIVE PROVISION

With funds available for the Technical Innovation and Professional Services program in this Act, the Secretary may transfer 

title for computer hardware, software and other technical equipment 

to State and tribal regulatory and reclamation programs. 

BUREAU OF INDIAN AFFAIRS

OPERATION OF INDIAN PROGRAMS

(INCLUDING TRANSFER OF FUNDS) 

For expenses necessary for the operation of Indian programs, 

as authorized by law, including the Snyder Act of November 2, 

1921 (25 U.S.C. 13), the Indian Self-Determination and Education 

Assistance Act of 1975 (25 U.S.C. 450 et seq.), as amended, the 

Education Amendments of 1978 (25 U.S.C. 2001–2019), and the 

Tribally Controlled Schools Act of 1988 (25 U.S.C. 2501 et seq.), 

as amended, $2,080,261,000, to remain available until September 

30, 2009 except as otherwise provided herein; of which not to 

exceed $8,500 may be for official reception and representation 

expenses; and of which not to exceed $80,179,000 shall be for 

welfare assistance payments: Provided, That in cases of designated 

Federal disasters, the Secretary may exceed such cap, from the 

amounts provided herein, to provide for disaster relief to Indian 

communities affected by the disaster; notwithstanding any other 

provision of law, including but not limited to the Indian SelfDetermination Act of 1975, as amended, not to exceed $149,628,000 

shall be available for payments for contract support costs associated 

with ongoing contracts, grants, compacts, or annual funding agreements entered into with the Bureau prior to or during fiscal year 

2008, as authorized by such Act, except that tribes and tribal 

organizations may use their tribal priority allocations for unmet 

contract support costs of ongoing contracts, grants, or compacts, 

or annual funding agreements and for unmet welfare assistance 

costs; of which not to exceed $487,500,000 for school operations 

costs of Bureau-funded schools and other education programs shall 

become available on July 1, 2008, and shall remain available until 

September 30, 2009; and of which not to exceed $60,222,000 shall 


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remain available until expended for housing improvement, road 

maintenance, attorney fees, litigation support, the Indian SelfDetermination Fund, land records improvement, and the NavajoHopi Settlement Program: Provided further, That notwithstanding 

any other provision of law, including but not limited to the Indian 

Self-Determination Act of 1975, as amended, and 25 U.S.C. 2008, 

not to exceed $44,060,000 within and only from such amounts 

made available for school operations shall be available for administrative cost grants associated with ongoing grants entered into 

with the Bureau prior to or during fiscal year 2007 for the operation 

of Bureau-funded schools, and up to $500,000 within and only 

from such amounts made available for school operations shall be 

available for the transitional costs of initial administrative cost 

grants to grantees that enter into grants for the operation on 

or after July 1, 2007, of Bureau-operated schools: Provided further, 

That any forestry funds allocated to a tribe which remain unobligated as of September 30, 2009, may be transferred during fiscal 

year 2010 to an Indian forest land assistance account established 

for the benefit of the holder of the funds within the tribe’s trust 

fund account: Provided further, That any such unobligated balances 

not so transferred shall expire on September 30, 2010. 

CONSTRUCTION

(INCLUDING TRANSFER OF FUNDS) 

For construction, repair, improvement, and maintenance of 

irrigation and power systems, buildings, utilities, and other facilities, including architectural and engineering services by contract; 

acquisition of lands, and interests in lands; and preparation of 

lands for farming, and for construction of the Navajo Indian Irrigation Project pursuant to Public Law 87–483, $206,983,000, to remain 

available until expended: Provided, That such amounts as may 

be available for the construction of the Navajo Indian Irrigation 

Project may be transferred to the Bureau of Reclamation: Provided 

further, That not to exceed 6 percent of contract authority available 

to the Bureau of Indian Affairs from the Federal Highway Trust 

Fund may be used to cover the road program management costs 

of the Bureau: Provided further, That any funds provided for the 

Safety of Dams program pursuant to 25 U.S.C. 13 shall be made 

available on a nonreimbursable basis: Provided further, That for 

fiscal year 2008, in implementing new construction or facilities 

improvement and repair project grants in excess of $100,000 that 

are provided to grant schools under Public Law 100–297, as 

amended, the Secretary of the Interior shall use the Administrative 

and Audit Requirements and Cost Principles for Assistance Programs contained in 43 CFR part 12 as the regulatory requirements: 

Provided further, That such grants shall not be subject to section 

12.61 of 43 CFR; the Secretary and the grantee shall negotiate 

and determine a schedule of payments for the work to be performed: 

Provided further, That in considering applications, the Secretary 

shall consider whether such grantee would be deficient in assuring 

that the construction projects conform to applicable building standards and codes and Federal, tribal, or State health and safety 

standards as required by 25 U.S.C. 2005(b), with respect to 

organizational and financial management capabilities: Provided further, That if the Secretary declines an application, the Secretary 

Negotiation. 

Expiration date. 


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shall follow the requirements contained in 25 U.S.C. 2504(f): Provided further, That any disputes between the Secretary and any 

grantee concerning a grant shall be subject to the disputes provision 

in 25 U.S.C. 2507(e): Provided further, That in order to ensure 

timely completion of replacement school construction projects, the 

Secretary may assume control of a project and all funds related 

to the project, if, within eighteen months of the date of enactment 

of this Act, any grantee receiving funds appropriated in this Act 

or in any prior Act, has not completed the planning and design 

phase of the project and commenced construction of the replacement 

school: Provided further, That this Appropriation may be reimbursed 

from the Office of the Special Trustee for American Indians Appropriation for the appropriate share of construction costs for space 

expansion needed in agency offices to meet trust reform 

implementation. 

INDIAN LAND AND WATER CLAIM SETTLEMENTS AND MISCELLANEOUS

PAYMENTS TO INDIANS

For payments and necessary administrative expenses for 

implementation of Indian land and water claim settlements pursuant to Public Laws 99–264, 100–580, 101–618, 107–331, 108–447, 

109–379, and 109–479, and for implementation of other land and 

water rights settlements, $34,069,000, to remain available until 

expended. 

INDIAN GUARANTEED LOAN PROGRAM ACCOUNT

For the cost of guaranteed and insured loans, $6,276,000, of 

which $700,000 is for administrative expenses, as authorized by 

the Indian Financing 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: 

Provided further, That these funds are available to subsidize total 

loan principal, any part of which is to be guaranteed, not to exceed 

$85,506,098. 

ADMINISTRATIVE PROVISIONS

The Bureau of Indian Affairs may carry out the operation 

of Indian programs by direct expenditure, contracts, cooperative 

agreements, compacts and grants, either directly or in cooperation 

with States and other organizations. 

Notwithstanding 25 U.S.C. 15, the Bureau of Indian Affairs 

may contract for services in support of the management, operation, 

and maintenance of the Power Division of the San Carlos Irrigation 

Project. 

Appropriations for the Bureau of Indian Affairs (except the 

revolving fund for loans, the Indian loan guarantee and insurance 

fund, and the Indian Guaranteed Loan Program account) shall 

be available for expenses of exhibits. 

Notwithstanding any other provision of law, no funds available 

to the Bureau of Indian Affairs for central office oversight and 

Executive Direction and Administrative Services (except executive 

direction and administrative services funding for Tribal Priority 

Allocations and regional offices) shall be available for contracts, 

grants, compacts, or cooperative agreements with the Bureau of 

Indian Affairs under the provisions of the Indian Self-Determination 


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Act or the Tribal Self-Governance Act of 1994 (Public Law 103– 

413). 

In the event any tribe returns appropriations made available 

by this Act to the Bureau of Indian Affairs, this action shall not 

diminish the Federal Government’s trust responsibility to that tribe, 

or the government-to-government relationship between the United 

States and that tribe, or that tribe’s ability to access future appropriations. 

Notwithstanding any other provision of law, no funds available 

to the Bureau, other than the amounts provided herein for assistance to public schools under 25 U.S.C. 452 et seq., shall be available 

to support the operation of any elementary or secondary school 

in the State of Alaska. 

Appropriations made available in this or any other Act for 

schools funded by the Bureau shall be available only to the schools 

in the Bureau school system as of September 1, 1996. No funds 

available to the Bureau shall be used to support expanded grades 

for any school or dormitory beyond the grade structure in place 

or approved by the Secretary of the Interior at each school in 

the Bureau school system as of October 1, 1995. Funds made 

available under this Act may not be used to establish a charter 

school at a Bureau-funded school (as that term is defined in section 

1146 of the Education Amendments of 1978 (25 U.S.C. 2026)), 

except that a charter school that is in existence on the date of 

the enactment of this Act and that has operated at a Bureaufunded school before September 1, 1999, may continue to operate 

during that period, but only if the charter school pays to the 

Bureau a pro rata share of funds to reimburse the Bureau for 

the use of the real and personal property (including buses and 

vans), the funds of the charter school are kept separate and apart 

from Bureau funds, and the Bureau does not assume any obligation 

for charter school programs of the State in which the school is 

located if the charter school loses such funding. Employees of 

Bureau-funded schools sharing a campus with a charter school 

and performing functions related to the charter school’s operation 

and employees of a charter school shall not be treated as Federal 

employees for purposes of chapter 171 of title 28, United States 

Code. 

Notwithstanding 25 U.S.C. 2007(d), and implementing regulations, the funds reserved from the Indian Student Equalization 

Program to meet emergencies and unforeseen contingencies 

affecting education programs appropriated herein and in Public 

Law 109–54 may be used for costs associated with significant student enrollment increases at Bureau-funded schools during the 

relevant school year. 

Notwithstanding any other provision of law, including section 

113 of title I of appendix C of Public Law 106–113, if in fiscal 

year 2003 or 2004 a grantee received indirect and administrative 

costs pursuant to a distribution formula based on section 5(f) of 

Public Law 101–301, the Secretary shall continue to distribute 

indirect and administrative cost funds to such grantee using the 

section 5(f) distribution formula. 


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DEPARTMENTAL OFFICES

OFFICE OF THE SECRETARY

SALARIES AND EXPENSES

For necessary expenses for management of the Department of the Interior, $101,151,000; of which not to exceed $15,000 may 

be for official reception and representation expenses; and of which 

up to $1,000,000 shall be available for workers compensation payments and unemployment compensation payments associated with 

the orderly closure of the United States Bureau of Mines. 

INSULAR AFFAIRS

ASSISTANCE TO TERRITORIES

For expenses necessary for assistance to territories under the jurisdiction of the Department of the Interior, $78,613,000, of which: 

(1) $70,137,000 shall remain available until expended for technical 

assistance, including maintenance assistance, disaster assistance, 

insular management controls, coral reef initiative activities, and 

brown tree snake control and research; grants to the judiciary 

in American Samoa for compensation and expenses, as authorized 

by law (48 U.S.C. 1661(c)); grants to the Government of American 

Samoa, in addition to current local revenues, for construction and 

support of governmental functions; grants to the Government of 

the Virgin Islands as authorized by law; grants to the Government 

of Guam, as authorized by law; and grants to the Government 

of the Northern Mariana Islands as authorized by law (Public 

Law 94–241; 90 Stat. 272); and (2) $8,476,000 shall be available 

until September 30, 2009 for salaries and expenses of the Office 

of Insular Affairs: Provided, That all financial transactions of the 

territorial and local governments herein provided for, including 

such transactions of all agencies or instrumentalities established 

or used by such governments, may be audited by the Government 

Accountability Office, at its discretion, in accordance with chapter 

35 of title 31, United States Code: Provided further, That Northern 

Mariana Islands Covenant grant funding shall be provided 

according to those terms of the Agreement of the Special Representatives on Future United States Financial Assistance for the 

Northern Mariana Islands approved by Public Law 104–134: Provided further, That of the amounts provided for technical assistance, 

sufficient funds shall be made available for a grant to the Pacific 

Basin Development Council: Provided further, That of the amounts 

provided for technical assistance, sufficient funding shall be made 

available for a grant to the Close Up Foundation: Provided further, 

That the funds for the program of operations and maintenance 

improvement are appropriated to institutionalize routine operations 

and maintenance improvement of capital infrastructure with territorial participation and cost sharing to be determined by the Secretary based on the grantee’s commitment to timely maintenance 

of its capital assets: Provided further, That any appropriation for 

disaster assistance under this heading in this Act or previous appropriations Acts may be used as non-Federal matching funds for 

the purpose of hazard mitigation grants provided pursuant to section 404 of the Robert T. Stafford Disaster Relief and Emergency 

Assistance Act (42 U.S.C. 5170c). 

Close Up 

Foundation. 

48 USC 1469b. 


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COMPACT OF FREE ASSOCIATION

For grants and necessary expenses, $5,362,000, to remain available until expended, as provided for in sections 221(a)(2), 221(b), 

and 233 of the Compact of Free Association for the Republic of 

Palau; and section 221(a)(2) of the Compacts of Free Association 

for the Government of the Republic of the Marshall Islands and 

the Federated States of Micronesia, as authorized by Public Law 

99–658 and Public Law 108–188. 

OFFICE OF THE SOLICITOR

SALARIES AND EXPENSES

For necessary expenses of the Office of the Solicitor, $59,250,000. 

OFFICE OF INSPECTOR GENERAL

SALARIES AND EXPENSES

For necessary expenses of the Office of Inspector General, $44,572,000. 

OFFICE OF SPECIAL TRUSTEE FOR AMERICAN INDIANS

FEDERAL TRUST PROGRAMS

For the operation of trust programs for Indians by direct 

expenditure, contracts, cooperative agreements, compacts, and 

grants, $182,331,000, to remain available until expended, of which 

not to exceed $56,384,000 from this or any other Act, shall be 

available for historical accounting: Provided, That funds for trust 

management improvements and litigation support may, as needed, 

be transferred to or merged with the Bureau of Indian Affairs, 

‘‘Operation of Indian Programs’’ account; the Office of the Solicitor, 

‘‘Salaries and Expenses’’ account; and the Office of the Secretary, 

‘‘Salaries and Expenses’’ account: Provided further, That funds made 

available through contracts or grants obligated during fiscal year 

2008, as authorized by the Indian Self-Determination Act of 1975 

(25 U.S.C. 450 et seq.), shall remain available until expended by 

the contractor or grantee: Provided further, That, notwithstanding 

any other provision of law, the statute of limitations shall not 

commence to run on any claim, including any claim in litigation 

pending on the date of the enactment of this Act, concerning losses 

to or mismanagement of trust funds, until the affected tribe or 

individual Indian has been furnished with an accounting of such 

funds from which the beneficiary can determine whether there 

has been a loss: Provided further, That, notwithstanding any other 

provision of law, the Secretary shall not be required to provide 

a quarterly statement of performance for any Indian trust account 

that has not had activity for at least 18 months and has a balance 

of $15.00 or less: Provided further, That the Secretary shall issue 

an annual account statement and maintain a record of any such 

accounts and shall permit the balance in each such account to 

be withdrawn upon the express written request of the account 

holder: Provided further, That not to exceed $50,000 is available 

for the Secretary to make payments to correct administrative errors 

of either disbursements from or deposits to Individual Indian Money 

Statement. 

Records. 


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or Tribal accounts after September 30, 2002: Provided further, That erroneous payments that are recovered shall be credited to 

and remain available in this account for this purpose. 

INDIAN LAND CONSOLIDATION

For consolidation of fractional interests in Indian lands and 

expenses associated with redetermining and redistributing 

escheated interests in allotted lands, and for necessary expenses 

to carry out the Indian Land Consolidation Act of 1983, as amended, 

by direct expenditure or cooperative agreement, $10,000,000, to 

remain available until expended, and which may be transferred 

to the Bureau of Indian Affairs and Office of the Secretary accounts. 

DEPARTMENT-WIDE PROGRAMS

PAYMENTS IN LIEU OF TAXES

For expenses necessary to implement the Act of October 20, 

1976, as amended (31 U.S.C. 6901–6907), $232,528,000, of which 

not to exceed $400,000 shall be available for administrative 

expenses: Provided, That no payment shall be made to otherwise 

eligible units of local government if the computed amount of the 

payment is less than $100. 

CENTRAL HAZARDOUS MATERIALS FUND

For necessary expenses of the Department of the Interior and 

any of its component offices and bureaus for the remedial action, 

including associated activities, of hazardous waste substances, 

pollutants, or contaminants pursuant to the Comprehensive 

Environmental Response, Compensation, and Liability Act, as 

amended (42 U.S.C. 9601 et seq.), $9,954,000, to remain available 

until expended: Provided, That hereafter, notwithstanding 31 U.S.C. 

3302, sums recovered from or paid by a party in advance of or 

as reimbursement for remedial action or response activities conducted by the Department pursuant to section 107 or 113(f) of 

such Act, shall be credited to this account, to be available until 

expended without further appropriation: Provided further, That 

hereafter such sums recovered from or paid by any party are not 

limited to monetary payments and may include stocks, bonds or 

other personal or real property, which may be retained, liquidated, 

or otherwise disposed of by the Secretary and which shall be credited to this account. 

NATURAL RESOURCE DAMAGE ASSESSMENT AND RESTORATION

NATURAL RESOURCE DAMAGE ASSESSMENT FUND

To conduct natural resource damage assessment and restoration activities by the Department of the Interior necessary to carry 

out the provisions of the Comprehensive Environmental Response, 

Compensation, and Liability Act, as amended (42 U.S.C. 9601 et 

seq.), the Federal Water Pollution Control Act, as amended (33 

U.S.C. 1251 et seq.), the Oil Pollution Act of 1990 (33 U.S.C. 

2701 et seq.), and Public Law 101–337, as amended (16 U.S.C. 

19jj et seq.), $6,300,000, to remain available until expended. 

42 USC 9607 

note. 


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WORKING CAPITAL FUND

For the acquisition of a departmental financial and business 

management system, $40,727,000, to remain available until 

expended: Provided, That none of the funds in this Act or previous 

appropriations Acts may be used to establish reserves in the 

Working Capital Fund account other than for accrued annual leave 

and depreciation of equipment without prior approval of the House 

and Senate Committees on Appropriations. 

ADMINISTRATIVE PROVISIONS

There is hereby authorized for acquisition from available 

resources within the Working Capital Fund, 15 aircraft, 10 of which 

shall be for replacement and which may be obtained by donation, 

purchase or through available excess surplus property: Provided, 

That existing aircraft being replaced may be sold, with proceeds 

derived or trade-in value used to offset the purchase price for 

the replacement aircraft. 

GENERAL PROVISIONS, DEPARTMENT OF THE INTERIOR

(INCLUDING TRANSFERS OF FUNDS) 

SEC. 101. Appropriations made in this title shall be available 

for expenditure or transfer (within each bureau or office), with 

the approval of the Secretary, for the emergency reconstruction, 

replacement, or repair of aircraft, buildings, utilities, or other facilities or equipment damaged or destroyed by fire, flood, storm, or 

other unavoidable causes: Provided, That no funds shall be made 

available under this authority until funds specifically made available to the Department of the Interior for emergencies shall have 

been exhausted: Provided further, That all funds used pursuant 

to this section must be replenished by a supplemental appropriation 

which must be requested as promptly as possible. 

SEC. 102. The Secretary may authorize the expenditure or 

transfer of any no year appropriation in this title, in addition 

to the amounts included in the budget programs of the several 

agencies, for the suppression or emergency prevention of wildland 

fires on or threatening lands under the jurisdiction of the Department of the Interior; for the emergency rehabilitation of burnedover lands under its jurisdiction; for emergency actions related 

to potential or actual earthquakes, floods, volcanoes, storms, or 

other unavoidable causes; for contingency planning subsequent to 

actual oil spills; for response and natural resource damage assessment activities related to actual oil spills; for the prevention, 

suppression, and control of actual or potential grasshopper and 

Mormon cricket outbreaks on lands under the jurisdiction of the 

Secretary, pursuant to the authority in section 1773(b) of Public 

Law 99–198 (99 Stat. 1658); for emergency reclamation projects 

under section 410 of Public Law 95–87; and shall transfer, from 

any no year funds available to the Office of Surface Mining Reclamation and Enforcement, such funds as may be necessary to permit 

assumption of regulatory authority in the event a primacy State 

is not carrying out the regulatory provisions of the Surface Mining 

Act: Provided, That appropriations made in this title for wildland 

fire operations shall be available for the payment of obligations 

incurred during the preceding fiscal year, and for reimbursement 


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to other Federal agencies for destruction of vehicles, aircraft, or 

other equipment in connection with their use for wildland fire 

operations, such reimbursement to be credited to appropriations 

currently available at the time of receipt thereof: Provided further, 

That for wildland fire operations, no funds shall be made available 

under this authority until the Secretary determines that funds 

appropriated for ‘‘wildland fire operations’’ shall be exhausted 

within 30 days: Provided further, That all funds used pursuant 

to this section must be replenished by a supplemental appropriation 

which must be requested as promptly as possible: Provided further, 

That such replenishment funds shall be used to reimburse, on 

a pro rata basis, accounts from which emergency funds were transferred. 

SEC. 103. Appropriations made to the Department of the 

Interior in this title shall be available for services as authorized 

by 5 U.S.C. 3109, when authorized by the Secretary, in total amount 

not to exceed $500,000; purchase and replacement of motor vehicles, 

including specially equipped law enforcement vehicles; hire, maintenance, and operation of aircraft; hire of passenger motor vehicles; 

purchase of reprints; payment for telephone service in private residences in the field, when authorized under regulations approved 

by the Secretary; and the payment of dues, when authorized by 

the Secretary, for library membership in societies or associations 

which issue publications to members only or at a price to members 

lower than to subscribers who are not members. 

SEC. 104. No funds provided in this title may be expended 

by the Department of the Interior for the conduct of offshore 

preleasing, leasing and related activities placed under restriction 

in the President’s moratorium statement of June 12, 1998, in the 

areas of northern, central, and southern California; the North 

Atlantic; Washington and Oregon; and the eastern Gulf of Mexico 

south of 26 degrees north latitude and east of 86 degrees west 

longitude. 

SEC. 105. No funds provided in this title may be expended 

by the Department of the Interior to conduct oil and natural gas 

preleasing, leasing and related activities in the Mid-Atlantic and 

South Atlantic planning areas. 

SEC. 106. Appropriations made in this Act under the headings 

Bureau of Indian Affairs and Office of Special Trustee for American 

Indians and any unobligated balances from prior appropriations 

Acts made under the same headings shall be available for expenditure or transfer for Indian trust management and reform activities, 

excluding litigation costs. Total funding for historical accounting 

activities shall not exceed amounts specifically designated in this 

Act for such purpose. 

SEC. 107. Notwithstanding any other provision of law, the 

Secretary of the Interior is authorized to redistribute any Tribal 

Priority Allocation funds, including tribal base funds, to alleviate 

tribal funding inequities by transferring funds to address identified, 

unmet needs, dual enrollment, overlapping service areas or inaccurate distribution methodologies. No tribe shall receive a reduction 

in Tribal Priority Allocation funds of more than 10 percent in 

fiscal year 2008. Under circumstances of dual enrollment, overlapping service areas or inaccurate distribution methodologies, the 

10 percent limitation does not apply. 

Determination. 


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SEC. 108. Notwithstanding any other provision of law, in conveying the Twin Cities Research Center under the authority provided by Public Law 104–134, as amended by Public Law 104– 

208, the Secretary may accept and retain land and other forms 

of reimbursement: Provided, That the Secretary may retain and 

use any such reimbursement until expended and without further 

appropriation: (1) for the benefit of the National Wildlife Refuge 

System within the State of Minnesota; and (2) for all activities 

authorized by 16 U.S.C. 460zz. 

SEC. 109. The Secretary of the Interior may hereafter use 

or contract for the use of helicopters or motor vehicles on the 

Sheldon and Hart National Wildlife Refuges for the purpose of 

capturing and transporting horses and burros. The provisions of 

subsection (a) of the Act of September 8, 1959 (18 U.S.C. 47(a)) 

shall not be applicable to such use. Such use shall be in accordance 

with humane procedures prescribed by the Secretary. 

SEC. 110. None of the funds in this or any other Act can 

be used to compensate the Special Master and the Special MasterMonitor, and all variations thereto, appointed by the United States 

District Court for the District of Columbia in the Cobell v. 

Kempthorne litigation at an annual rate that exceeds 200 percent 

of the highest Senior Executive Service rate of pay for the Washington-Baltimore locality pay area. 

SEC. 111. The Secretary of the Interior may use discretionary 

funds to pay private attorney fees and costs for employees and 

former employees of the Department of the Interior reasonably 

incurred in connection with Cobell v. Kempthorne to the extent 

that such fees and costs are not paid by the Department of Justice 

or by private insurance. In no case shall the Secretary make payments under this section that would result in payment of hourly 

fees in excess of the highest hourly rate approved by the District 

Court for the District of Columbia for counsel in Cobell v. 

Kempthorne. 

SEC. 112. No funds appropriated for the Department of the 

Interior by this Act or any other Act shall be used to study or 

implement any plan to drain Lake Powell or to reduce the water 

level of the lake below the range of water levels required for 

the operation of the Glen Canyon Dam. 

SEC. 113. The United States Fish and Wildlife Service shall, 

in carrying out its responsibilities to protect threatened and endangered species of salmon, implement a system of mass marking 

of salmonid stocks, intended for harvest, that are released from 

federally-operated or federally-financed hatcheries including but not 

limited to fish releases of coho, chinook, and steelhead species. 

Marked fish must have a visible mark that can be readily identified 

by commercial and recreational fishers. 

SEC. 114. Notwithstanding any implementation of the Department of the Interior’s trust reorganization or reengineering plans, 

or the implementation of the ‘‘To Be’’ Model, funds appropriated 

for fiscal year 2008 shall be available to the tribes within the 

California Tribal Trust Reform Consortium and to the Salt River 

Pima-Maricopa Indian Community, the Confederated Salish and 

Kootenai Tribes of the Flathead Reservation and the Chippewa 

Cree Tribe of the Rocky Boys Reservation through the same methodology as funds were distributed in fiscal year 2003. This Demonstration Project shall continue to operate separate and apart from 

the Department of the Interior’s trust reform and reorganization 

Salmon. 

Procedures. 


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and the Department shall not impose its trust management infrastructure upon or alter the existing trust resource management 

systems of the above referenced tribes having a self-governance 

compact and operating in accordance with the Tribal Self-Governance Program set forth in 25 U.S.C. 458aa–458hh: Provided, That 

the California Trust Reform Consortium and any other participating 

tribe agree to carry out their responsibilities under the same written 

and implemented fiduciary standards as those being carried by 

the Secretary of the Interior: Provided further, That they demonstrate to the satisfaction of the Secretary that they have the 

capability to do so: Provided further, That the Department shall 

provide funds to the tribes in an amount equal to that required 

by 25 U.S.C. 458cc(g)(3), including funds specifically or functionally 

related to the provision of trust services to the tribes or their 

members. 

SEC. 115. Notwithstanding any other provision of law, the 

Secretary of the Interior is authorized to acquire lands, waters, 

or interests therein including the use of all or part of any pier, 

dock, or landing within the State of New York and the State 

of New Jersey, for the purpose of operating and maintaining facilities in the support of transportation and accommodation of visitors 

to Ellis, Governors, and Liberty Islands, and of other program 

and administrative activities, by donation or with appropriated 

funds, including franchise fees (and other monetary consideration), 

or by exchange; and the Secretary is authorized to negotiate and 

enter into leases, subleases, concession contracts or other agreements for the use of such facilities on such terms and conditions 

as the Secretary may determine reasonable. 

SEC. 116. Notwithstanding any other provision of law, including 

42 U.S.C. 4321 et seq., nonrenewable grazing permits authorized 

in the Jarbidge Field Office, Bureau of Land Management since 

March 1, 1997 shall be renewed. The Animal Unit Months, authorized in any nonrenewable grazing permit from March 1, 1997 to 

present shall continue in effect under the renewed permit. Nothing 

in this section shall be deemed to extend the renewed permit 

beyond the standard 1-year term. The period of this provision 

will be until all of the grazing permits in the Jarbidge Field Office 

are renewed after the completion of the Record of Decision for 

the Jarbidge Resource Management Plan/Final Environmental 

Impact Statement. 

SEC. 117. OIL AND GAS LEASING INTERNET PILOT PROGRAM. 

Notwithstanding section 17(b)(1)(A) of the Mineral Leasing Act 

(30 U.S.C 226(b)(1)(A)), the Secretary of the Interior shall establish 

an oil and gas leasing Internet pilot program, under which the 

Secretary may conduct lease sales through methods other than 

oral bidding. To carry out the pilot program, the Secretary of 

the Interior may use not more than $250,000 of funds in the 

BLM Permit Processing Improvement Fund described in section 

35(c)(2)(B) of the Mineral Leasing Act (30 U.S.C. 191(c)(2)(B)). 

SEC. 118. Notwithstanding any other provision of law, the 

Secretary of the Interior is directed to sell property within the 

Protection Island National Wildlife Refuge and the Dungeness 

National Wildlife Refuge to the Washington State Department of 

Transportation. 

SEC. 119. No funds appropriated or otherwise made available 

to the Department of the Interior may be used, in relation to 

any proposal to store water for the purpose of export, for approval 

Washington. 

Renewal. 


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PUBLIC LAW 110–161—DEC. 26, 2007 121 STAT. 2121 

of any right-of-way or similar authorization on the Mojave National 

Preserve or lands managed by the Needles Field Office of the 

Bureau of Land Management, or for carrying out any activities 

associated with such right-of-way or similar approval. 

SEC. 120. Section 460ccc–4 of the Red Rock Canyon National 

Conservation Area Establishment Act authorization (16 U.S.C. 

460ccc) is amended— 

(1) in section (a)(1), by striking ‘‘with donated or appropriated funds’’; 

(2) by striking section (a)(2); 

(3) in section (a)(3), by striking ‘‘(3)’’ and replacing with 

‘‘(2)’’; and 

(4) in section (a)(4), by striking ‘‘(4)’’ and replacing with 

‘‘(3)’’. 

SEC. 121. Title 43 U.S.C. 1473 is amended by inserting at 

the end of that section before the period the following: ‘‘, including, 

in fiscal year 2008 only, contributions of money and services to 

conduct work in support of the orderly exploration and development 

of Outer Continental Shelf resources, including but not limited 

to, preparation of environmental documents such as impact statements and assessments, studies, and related research’’. 

SEC. 122. Section 1077(c) of Public Law 109–364 is repealed. 

SEC. 123. Section 144 of division E of Public Law 108–447, 

as amended, is amended in paragraph (b)(2) by striking ‘‘November 

12, 2004’’ and inserting ‘‘May 4, 2005.’’ 

SEC. 124. Section 105(f)(1)(B) of the Compact of Free Association 

Amendments Act of 2003 (48 U.S.C. 1921d(f)(1)(B)) is amended 

in clause (ix) by— 

(1) striking ‘‘Republic’’ both places it appears and inserting 

‘‘government, institutions, and people’’; 

(2) striking ‘‘2007’’ and inserting ‘‘2009’’; and 

(3) striking ‘‘was’’ and inserting ‘‘were’’. 

SEC. 125. The Secretary of the Interior may enter into cooperative agreements with a State or political subdivision (including 

any agency thereof), or any not-for-profit organization if the agreement will: (1) serve a mutual interest of the parties to the agreement 

in carrying out the programs administered by the Department 

of the Interior; and (2) all parties will contribute resources to 

the accomplishment of these objectives. At the discretion of the 

Secretary, such agreements shall not be subject to a competitive 

process. 

SEC. 126. The Federal properties commonly referred to as the 

Barnes Ranch and Agency Lake Ranch (the properties) in Klamath 

County, Oregon, managed by the Bureau of Reclamation shall be 

transferred to the Upper Klamath National Wildlife Refuge (Refuge) 

in accordance with the Memorandum of Understanding between 

the U.S. Fish and Wildlife Service Klamath Basin National Wildlife 

Refuge Complex and the Bureau of Reclamation Klamath Basin 

Area Office and The Nature Conservancy dated March 2, 2007, 

as expeditiously as possible and no later than December 2008: 

Provided, That these Federal properties and all Federal refuge 

lands within the adjusted boundary area for the Refuge, as approved 

by the U.S. Fish and Wildlife Service (Service) in June 2005 under 

the Land Protection Plan of 2005, shall be made a part of the 

Refuge and shall be managed by the Service as such: Provided 

further, That each year after the properties become part of the 

Refuge, those increments of water passively stored on the properties 

Applicability. 

Land transfer. 

Oregon. 

Deadline. 

118 Stat. 3072. 

120 Stat. 2406. 

16 USC 460ccc–4. 


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shall be applied and credited toward the requirements of any consultation or reconsultation over Klamath Project operations pursuant to section 7 of the Endangered Species Act, consistent with 

Federal law and State water law. 

SEC. 127. CORINTH UNIT OF SHILOH NATIONAL MILITARY PARK

BOUNDARY EXPANSION. The Corinth Battlefield Preservation Act 

of 2000 (16 U.S.C. 430f–6 et seq.) is amended— 

(1) in section 3(1) (16 U.S.C. 430f–7(1)), by striking ‘‘304/ 

80,007, and dated October 1998’’ and inserting ‘‘304A/80009, 

and dated April 2007’’; 

(2) in section 4(b) (16 U.S.C. 430f–8(b)), by striking paragraph (1) and inserting the following: 

‘‘(1) approximately 950 acres, as generally depicted on the 

Map; and’’; 

(3) in section 5(a) (16 U.S.C. 430f–9(a)), by striking ‘‘as 

depicted on the Map’’ and inserting ‘‘described in section 4(b)’’; 

(4) by striking section 7 (16 U.S.C. 430f–11); and 

(5) by redesignating section 8 (16 U.S.C. 430f–12) as section 

7. 

SEC. 128. In section 5(8) of Public Law 107–226, strike ‘‘acquire’’ 

and all that follows and insert, ‘‘acquire the land or interests 

in land for the memorial by donation, purchase with donated or 

appropriated funds, exchange or condemnation with donated or 

appropriated funds; and’’. 

SEC. 129. CLARIFICATION OF CONCESSIONAIRE HISTORIC RIGHTS. 

(a) In implementing section 1307 of Public Law 96–487 (96 Stat. 

2479), the Secretary shall deem Denali National Park Wilderness 

Centers, Ltd., a corporation organized and existing under the laws 

of the State of Alaska, to be a person who, on or before January 

1, 1979, was engaged in adequately providing the following scope 

and level of visitor services within what is currently Denali National 

Park and Preserve: 

(1) Guided interpretive hiking services in the Kantishna 

area new park additions (i.e. park area added in 1980 to former 

Mount McKinley National Park), not to exceed 14 guided 

interpretive hikes per week. 

(2) Gold panning outings in the Kantishna area new park 

additions, not to exceed 3 gold panning outings per week. 

(3) Guided interpretive trips, including an average of four 

vehicle trips per day, not to exceed 28 trips per week, into 

the Old Park (i.e. former Mount McKinley National Park). 

(4) Guided and unguided canoeing on Wonder Lake, 

including the storage of five canoes on Wonder Lake. 

(5) Transportation over the road between the north 

boundary of the Old Park and Wonder Lake, including Wonder 

Lake Campground, for an average of 10 trips per day not 

to exceed 70 trips per week. 

(b) For purpose of implementing this section, the term ‘‘person’’ 

means the person who has a controlling interest in the entity 

described under subsection (a) or his lineal descendants born prior 

to January 1, 1979. 

SEC. 130. Section 16 of the Colorado Ute Indian Water Rights 

Settlement Act of 1988 (Public Law 100–585; 102 Stat. 2913; 114 

Stat. 2763A–263)) is amended— 

(1) in subsection (c)(3)(B)(iii), by striking ‘‘by requiring’’ 

and all that follows through ‘‘enhancement’’ and inserting the 

following: ‘‘, the plan shall provide that not less than 1⁄3 of 

Alaska. 

16 USC 431 note. 


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the funds referred to in clause (i) shall be expended for municipal or rural water development and that annual expenditures 

under that provision shall be reported to the Secretary each 

year’’; and 

(2) in the third sentence of subsection (f), by striking 

‘‘December 31, 2012’’ and inserting ‘‘the date that is 5 years 

after the date of the final settlement of the tribal claims under 

section 18’’. 

SEC. 131. Funds provided in this Act for Federal land acquisition by the National Park Service for Shenandoah Valley Battlefields National Historic District and Ice Age National Scenic Trail 

may be used for a grant to a State, a local government, or any 

other land management entity for the acquisition of lands without 

regard to any restriction on the use of Federal land acquisition 

funds provided through the Land and Water Conservation Fund 

Act of 1965 as amended. 

SEC. 132. From within amounts provided to the National Park 

Service Land Acquisition account by this Act, $2,000,000 shall 

be made available to the State of Mississippi pursuant to a grant 

agreement with the National Park Service, in order that the State 

may acquire land or interests in land on Cat Island, which is 

located within the Gulf Islands National Seashore. Funds provided 

to the State of Mississippi through such grant agreement shall 

not be contingent upon matching funds provided by the State. 

Any lands or interests acquired with funds under this section shall 

be owned by the Federal Government and administered as part 

of the National Seashore. 

SEC. 133. MESA VERDE NATIONAL PARK BOUNDARY CHANGE.

(a) ACQUISITION OF LAND.— 

(1) IN GENERAL.—The Secretary may acquire the land or 

an interest in the land described in subsection (b) for addition 

to the Mesa Verde National Park. 

(2) MEANS.—An acquisition of land under paragraph (1) 

may be made by donation, purchase from a willing seller with 

donated or appropriated funds, or exchange. 

(b) DESCRIPTION OF LAND.—The land referred to in subsection 

(a)(1) is the approximately 360 acres of land adjacent to the Park, 

as generally depicted on the map, entitled ‘‘Mesa Verde National 

Park Proposed Boundary Adjustment’’, numbered 307/80,180, and 

dated March 1, 2007. 

(c) AVAILABILITY OF MAP.—The map shall be on file and available for inspection in the appropriate offices of the National Park 

Service. 

(d) BOUNDARY MODIFICATION.—The boundary of the Park shall 

be revised to reflect the acquisition of the land under subsection 

(a). 

(e) ADMINISTRATION.—The Secretary shall administer any land 

or interest in land acquired under subsection (a)(1) as part of 

the Park in accordance with the laws (including regulations) 

applicable to the Park. 

SEC. 134. In implementing section 1307 of Public Law 96– 

487 (4 Stat. 2479), the Secretary shall deem the present holders 

of entry permit CP–GLBA005–00 and entry permit CP–GLBA004– 

00 each to be a person who, on or before January 1, 1979, was 

engaged in adequately providing visitor services of the type authorized in said permit within Glacier Bay National Park. 

16 USC 111 note. 

Mississippi. 


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SEC. 135. Funds provided under Public Law 109–54 may be 

granted to the Alice Ferguson Foundation for site planning and 

design and rehabilitation of the Potomac River Habitat Study Complex and the Wareham Lodge. 

TITLE II 

ENVIRONMENTAL PROTECTION AGENCY 

SCIENCE AND TECHNOLOGY

For science and technology, including research and development 

activities, which shall include research and development activities 

under the Comprehensive Environmental Response, Compensation, 

and Liability Act of 1980, as amended; necessary expenses for 

personnel and related costs and travel expenses, including uniforms, 

or allowances therefor, as authorized by 5 U.S.C. 5901–5902; 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 for senior level positions under 5 U.S.C. 5376; procurement 

of laboratory equipment and supplies; other operating expenses 

in support of research and development; construction, alteration, 

repair, rehabilitation, and renovation of facilities, not to exceed 

$85,000 per project, $772,129,000, to remain available until September 30, 2009. 

ENVIRONMENTAL PROGRAMS AND MANAGEMENT

For environmental programs and management, including necessary expenses, not otherwise provided for, for personnel and 

related costs and travel expenses, including uniforms, or allowances 

therefor, as authorized by 5 U.S.C. 5901–5902; 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 for 

senior level positions under 5 U.S.C. 5376; hire of passenger motor 

vehicles; hire, maintenance, and operation of aircraft; purchase 

of reprints; library memberships in societies or associations which 

issue publications to members only or at a price to members lower 

than to subscribers who are not members; construction, alteration, 

repair, rehabilitation, and renovation of facilities, not to exceed 

$85,000 per project; and not to exceed $9,000 for official reception 

and representation expenses, $2,364,854,000, to remain available 

until September 30, 2009, including administrative costs of the 

brownfields program under the Small Business Liability Relief and 

Brownfields Revitalization Act of 2002. 

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, and for construction, alteration, repair, rehabilitation, 

and renovation of facilities, not to exceed $85,000 per project, 

$41,750,000, to remain available until September 30, 2009. 

BUILDINGS AND FACILITIES

For construction, repair, improvement, extension, alteration, 

and purchase of fixed equipment or facilities of, or for use by, 


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the Environmental Protection Agency, $34,801,000, to remain available until expended. 

HAZARDOUS SUBSTANCE SUPERFUND

(INCLUDING TRANSFERS OF FUNDS) 

For necessary expenses to carry out the Comprehensive 

Environmental Response, Compensation, and Liability Act of 1980 

(CERCLA), as amended, including sections 111(c)(3), (c)(5), (c)(6), 

and (e)(4) (42 U.S.C. 9611), and for construction, alteration, repair, 

rehabilitation, and renovation of facilities, not to exceed $85,000 

per project; $1,273,871,000, to remain available until expended, 

consisting of such sums as are available in the Trust Fund on 

September 30, 2007, as authorized by section 517(a) of the Superfund Amendments and Reauthorization Act of 1986 (SARA) and 

up to $1,273,871,000 as a payment from general revenues to the 

Hazardous Substance Superfund for purposes as authorized by section 517(b) of SARA, as amended: Provided, That funds appropriated 

under this heading may be allocated to other Federal agencies 

in accordance with section 111(a) of CERCLA: Provided further, That of the funds appropriated under this heading, $11,668,000 

shall be paid to the ‘‘Office of Inspector General’’ appropriation 

to remain available until September 30, 2009, and $26,126,000 

shall be paid to the ‘‘Science and Technology’’ appropriation to 

remain available until September 30, 2009. 

LEAKING UNDERGROUND STORAGE TANK TRUST FUND PROGRAM

For necessary expenses to carry out leaking underground storage tank cleanup activities authorized by subtitle I of the Solid 

Waste Disposal Act, as amended, and for construction, alteration, 

repair, rehabilitation, and renovation of Environmental Protection 

Agency facilities, not to exceed $85,000 per project, $107,493,000, 

to remain available until expended, of which $76,493,000 shall 

be for carrying out leaking underground storage tank cleanup activities authorized by section 9003(h) of the Solid Waste Disposal 

Act, as amended; $31,000,000 shall be for carrying out the other 

provisions of the Solid Waste Disposal Act specified in section 

9508(c) of the Internal Revenue Code, as amended: Provided, That 

the Administrator is authorized to use appropriations made available under this heading to implement section 9013 of the Solid 

Waste Disposal Act to provide financial assistance to federallyrecognized Indian tribes for the development and implementation 

of programs to manage underground storage tanks. 

OIL SPILL RESPONSE

For expenses necessary to carry out the Environmental Protection Agency’s responsibilities under the Oil Pollution Act of 1990, 

$17,326,000, to be derived from the Oil Spill Liability trust fund, 

to remain available until expended. 

STATE AND TRIBAL ASSISTANCE GRANTS

For environmental programs and infrastructure assistance, 

including capitalization grants for State revolving funds and 


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121 STAT. 2126 PUBLIC LAW 110–161—DEC. 26, 2007 

performance partnership grants, $2,972,595,000, to remain available until expended, of which $700,000,000 shall be for making 

capitalization grants for the Clean Water State Revolving Funds 

under title VI of the Federal Water Pollution Control Act, as 

amended (the ‘‘Act’’); of which up to $75,000,000 shall be available 

for loans, including interest free loans as authorized by 33 U.S.C. 

1383(d)(1)(A), to municipal, inter-municipal, interstate, or State 

agencies or nonprofit entities for projects that provide treatment 

for or that minimize sewage or stormwater discharges using one 

or more approaches which include, but are not limited to, decentralized or distributed stormwater controls, decentralized wastewater 

treatment, low-impact development practices, conservation easements, stream buffers, or wetlands restoration; $842,167,000 shall 

be for capitalization grants for the Drinking Water State Revolving 

Funds under section 1452 of the Safe Drinking Water Act, as 

amended; $20,000,000 shall be for architectural, engineering, planning, design, construction and related activities in connection with 

the construction of high priority water and wastewater facilities 

in the area of the United States-Mexico Border, after consultation 

with the appropriate border commission; $25,000,000 shall be for 

grants to the State of Alaska to address drinking water and waste 

infrastructure needs of rural and Alaska Native Villages: Provided, 

That, of these funds: (1) the State of Alaska shall provide a match 

of 25 percent; (2) no more than 5 percent of the funds may be 

used for administrative and overhead expenses; and (3) not later 

than October 1, 2005, the State of Alaska shall make awards 

consistent with the State-wide priority list established in 2004 

for all water, sewer, waste disposal, and similar projects carried 

out by the State of Alaska that are funded under section 221 

of the Federal Water Pollution Control Act (33 U.S.C. 1301) or 

the Consolidated Farm and Rural Development Act (7 U.S.C. 1921 

et seq.) which shall allocate not less than 25 percent of the funds 

provided for projects in regional hub communities; $135,000,000 

shall be for making special project grants for the construction 

of drinking water, wastewater and storm water infrastructure and 

for water quality protection in accordance with the terms and 

conditions specified for such grants in the explanatory statement 

accompanying this Act, and, for purposes of these grants, each 

grantee shall contribute not less than 45 percent of the cost of 

the project unless the grantee is approved for a waiver by the 

Agency; $95,000,000 shall be to carry out section 104(k) of the 

Comprehensive Environmental Response, Compensation, and 

Liability Act of 1980 (CERCLA), as amended, including grants, 

interagency agreements, and associated program support costs; 

$50,000,000 shall be for grants under title VII, subtitle G of the 

Energy Policy Act of 2005, as amended; $10,000,000 shall be for 

grants for cost-effective emission reduction projects in accordance 

with the terms and conditions of the explanatory statement accompanying this Act; and $1,095,428,000 shall be for grants, including 

associated program support costs, to States, federally-recognized 

tribes, interstate agencies, tribal consortia, and air pollution control 

agencies for multi-media or single media pollution prevention, control and abatement and related activities, including activities pursuant to the provisions set forth under this heading in Public Law 

104–134, and for making grants under section 103 of the Clean 

Air Act for particulate matter monitoring and data collection activities subject to terms and conditions specified by the Administrator, 

Alaska. 

Deadline. 


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PUBLIC LAW 110–161—DEC. 26, 2007 121 STAT. 2127 

of which $49,495,000 shall be for carrying out section 128 of 

CERCLA, as amended, $10,000,000 shall be for Environmental 

Information Exchange Network grants, including associated program support costs, $18,500,000 of the funds available for grants 

under section 106 of the Act shall be for water quality monitoring 

activities, $10,000,000 shall be for making competitive targeted 

watershed grants, and, in addition to funds appropriated under 

the heading ‘‘Leaking Underground Storage Tank Trust Fund Program’’ to carry out the provisions of the Solid Waste Disposal 

Act specified in section 9508(c) of the Internal Revenue Code other 

than section 9003(h) of the Solid Waste Disposal Act, as amended, 

$2,500,000 shall be for financial assistance to States under section 

2007(f)(2) of the Solid Waste Disposal Act, as amended: Provided 

further, That notwithstanding section 603(d)(7) of the Federal Water 

Pollution Control Act, the limitation on the amounts in a State 

water pollution control revolving fund that may be used by a 

State to administer the fund shall not apply to amounts included 

as principal in loans made by such fund in fiscal year 2008 and 

prior years where such amounts represent costs of administering 

the fund to the extent that such amounts are or were deemed 

reasonable by the Administrator, accounted for separately from 

other assets in the fund, and used for eligible purposes of the 

fund, including administration: Provided further, That for fiscal 

year 2008, and notwithstanding section 518(f) of the Act, the 

Administrator is authorized to use the amounts appropriated for 

any fiscal year under section 319 of that Act to make grants 

to federally-recognized Indian tribes pursuant to sections 319(h) 

and 518(e) of that Act: Provided further, That for fiscal year 2008, 

notwithstanding the limitation on amounts in section 518(c) of 

the Act, up to a total of 11⁄2 percent of the funds appropriated 

for State Revolving Funds under title VI of that Act may be reserved 

by the Administrator for grants under section 518(c) of that Act: 

Provided further, That no funds provided by this appropriations 

Act to address the water, wastewater and other critical infrastructure needs of the colonias in the United States along the United 

States-Mexico border shall be made available to a county or municipal government unless that government has established an enforceable local ordinance, or other zoning rule, which prevents in that 

jurisdiction the development or construction of any additional 

colonia areas, or the development within an existing colonia the 

construction of any new home, business, or other structure which 

lacks water, wastewater, or other necessary infrastructure. 

ADMINISTRATIVE PROVISIONS, ENVIRONMENTAL PROTECTION AGENCY

(INCLUDING RESCISSION OF FUNDS) 

For fiscal year 2008, notwithstanding 31 U.S.C. 6303(1) and 

6305(1), the Administrator of the Environmental Protection Agency, 

in carrying out the Agency’s function to implement directly Federal 

environmental programs required or authorized by law in the 

absence of an acceptable tribal program, may award cooperative 

agreements to federally-recognized Indian Tribes or Intertribal consortia, if authorized by their member Tribes, to assist the Administrator in implementing Federal environmental programs for Indian 

Tribes required or authorized by law, except that no such cooperative agreements may be awarded from funds designated for State 

financial assistance agreements. 


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121 STAT. 2128 PUBLIC LAW 110–161—DEC. 26, 2007 

The Administrator of the Environmental Protection Agency is 

authorized to collect and obligate pesticide registration service fees 

in accordance with section 33 of the Federal Insecticide, Fungicide, 

and Rodenticide Act (as added by subsection (f)(2) of the Pesticide 

Registration Improvement Act of 2003), as amended. 

None of the funds provided in this Act may be used, directly 

or through grants, to pay or to provide reimbursement for payment 

of the salary of a consultant (whether retained by the Federal 

Government or a grantee) at more than the daily equivalent of 

the rate paid for level IV of the Executive Schedule, unless specifically authorized by law. 

From unobligated balances to carry out projects and activities 

authorized under section 206(a) of the Federal Water Pollution 

Control Act, $5,000,000 are hereby rescinded. 

None of the funds made available by this Act may be used 

in contravention of, or to delay the implementation of, Executive 

Order No. 12898 of February 11, 1994 (59 Fed. Reg. 7629; relating 

to Federal actions to address environmental justice in minority 

populations and low-income populations). 

Of the funds provided in the Environmental Programs and 

Management account, not less than $3,500,000 shall be provided 

for activities to develop and publish a draft rule not later than 

9 months after the date of enactment of this Act, and a final 

rule not later than 18 months after the date of enactment of 

this Act, to require mandatory reporting of greenhouse gas emissions above appropriate thresholds in all sectors of the economy 

of the United States. 

TITLE III 

RELATED AGENCIES 

DEPARTMENT OF AGRICULTURE 

FOREST SERVICE

FOREST AND RANGELAND RESEARCH

For necessary expenses of forest and rangeland research as 

authorized by law, $290,457,000, to remain available until 

expended: Provided, That of the funds provided, $61,329,000 is 

for the forest inventory and analysis program. 

STATE AND PRIVATE FORESTRY

For necessary expenses of cooperating with and providing technical and financial assistance to States, territories, possessions, 

and others, and for forest health management, including treatments 

of pests, pathogens, and invasive or noxious plants and for restoring 

and rehabilitating forests damaged by pests or invasive plants, 

cooperative forestry, and education and land conservation activities 

and conducting an international program as authorized, 

$266,974,000, to remain available until expended, as authorized 

by law; of which $7,500,000 is for the International Program; and 

of which $53,146,000 is to be derived from the Land and Water 

Conservation Fund. 

Publication. 

Regulations. 

Deadlines. 

Greenhouse gas 

emissions. 


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PUBLIC LAW 110–161—DEC. 26, 2007 121 STAT. 2129 

NATIONAL FOREST SYSTEM

(INCLUDING TRANSFERS OF FUNDS) 

For necessary expenses of the Forest Service, not otherwise 

provided for, for management, protection, improvement, and utilization of the National Forest System, $1,492,868,000, to remain available until expended, which shall include 50 percent of all moneys 

received during prior fiscal years as fees collected under the Land 

and Water Conservation Fund Act of 1965, as amended, in accordance with section 4 of the Act (16 U.S.C. 460l–6a(i)): Provided, 

That unobligated balances under this heading available at the 

start of fiscal year 2008 shall be displayed by budget line item 

in the fiscal year 2009 budget justification: Provided further, That 

of the funds provided under this heading for Forest Products, 

$4,000,000 shall be allocated to the Alaska Region, in addition 

to its normal allocation for the purposes of preparing additional 

timber for sale, to establish a 3-year timber supply and such funds 

may be transferred to other appropriations accounts as necessary 

to maximize accomplishment. 

CAPITAL IMPROVEMENT AND MAINTENANCE

(INCLUDING TRANSFERS OF FUNDS) 

For necessary expenses of the Forest Service, not otherwise 

provided for, $456,895,000, to remain available until expended, 

for construction, capital improvement, maintenance and acquisition 

of buildings and other facilities, and infrastructure; and for 

construction, capital improvement, decommissioning, and maintenance of forest roads and trails by the Forest Service as authorized 

by 16 U.S.C. 532–538 and 23 U.S.C. 101 and 205; and in addition 

$25,000,000 to be transferred from the timber roads purchaser 

election fund and merged with this account, to remain available 

until expended: Provided, That $40,000,000 shall be designated 

for urgently needed road decommissioning, road and trail repair 

and maintenance and associated activities, and removal of fish 

passage barriers, especially in areas where Forest Service roads 

may be contributing to water quality problems in streams and 

water bodies which support threatened, endangered or sensitive 

species or community water sources and for urgently needed road 

repairs required due to recent storm events: Provided further, That 

up to $40,000,000 of the funds provided herein for road maintenance 

shall be available for the decommissioning of roads, including 

unauthorized roads not part of the transportation system, which 

are no longer needed: Provided further, That no funds shall be 

expended to decommission any system road until notice and an 

opportunity for public comment has been provided on each 

decommissioning project: Provided further, That the decommissioning of unauthorized roads not part of the official transportation 

system shall be expedited in response to threats to public safety, 

water quality, or natural resources: Provided further, That funds 

becoming available in fiscal year 2008 under the Act of March 

4, 1913 (16 U.S.C. 501) shall be transferred to the General Fund 

of the Treasury and shall not be available for transfer or obligation 

for any other purpose unless the funds are appropriated: Provided 

further, That notwithstanding any other provision of law, the Forest 

Service shall provide $1,197,000 appropriated in Public Law 110– 


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5 within the Capital Improvement and Maintenance appropriation 

as an advance direct lump sum payment to West Virginia University 

for the planning and construction of a research greenhouse facility 

as the Federal share in the construction of the new facility. 

LAND ACQUISITION

For expenses necessary to carry out the provisions of the Land 

and Water Conservation Fund Act of 1965, as amended (16 U.S.C. 

460l–4 through 11), including administrative expenses, and for 

acquisition of land or waters, or interest therein, in accordance 

with statutory authority applicable to the Forest Service, 

$42,490,000, to be derived from the Land and Water Conservation 

Fund and to remain available until expended. 

ACQUISITION OF LANDS FOR NATIONAL FORESTS SPECIAL ACTS

For acquisition of lands within the exterior boundaries of the 

Cache, Uinta, and Wasatch National Forests, Utah; the Toiyabe 

National Forest, Nevada; and the Angeles, San Bernardino, Sequoia, 

and Cleveland National Forests, California, as authorized by law, 

$1,053,000, to be derived from forest receipts. 

ACQUISITION OF LANDS TO COMPLETE LAND EXCHANGES

For acquisition of lands, such sums, to be derived from funds 

deposited by State, county, or municipal governments, public school 

districts, or other public school authorities, and for authorized 

expenditures from funds deposited by non-Federal parties pursuant 

to Land Sale and Exchange Acts, pursuant to the Act of December 

4, 1967, as amended (16 U.S.C. 484a), to remain available until 

expended. (16 U.S.C. 4601–516–617a, 555a; Public Law 96–586; 

Public Law 76–589, 76–591; and 78–310). 

RANGE BETTERMENT FUND

For necessary expenses of range rehabilitation, protection, and 

improvement, 50 percent of all moneys received during the prior 

fiscal year, as fees for grazing domestic livestock on lands in 

National Forests in the 16 Western States, pursuant to section 

401(b)(1) of Public Law 94–579, as amended, to remain available 

until expended, of which not to exceed 6 percent shall be available 

for administrative expenses associated with on-the-ground range 

rehabilitation, protection, and improvements. 

GIFTS, DONATIONS AND BEQUESTS FOR FOREST AND RANGELAND

RESEARCH

For expenses authorized by 16 U.S.C. 1643(b), $56,000, to 

remain available until expended, to be derived from the fund established pursuant to the above Act. 

MANAGEMENT OF NATIONAL FOREST LANDS FOR SUBSISTENCE USES

For necessary expenses of the Forest Service to manage Federal 

lands in Alaska for subsistence uses under title VIII of the Alaska 

National Interest Lands Conservation Act (Public Law 96–487), 

$5,053,000, to remain available until expended. 


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WILDLAND FIRE MANAGEMENT

(INCLUDING TRANSFERS OF FUNDS) 

For necessary expenses for forest fire presuppression activities 

on National Forest System lands, for emergency fire suppression 

on or adjacent to such lands or other lands under fire protection 

agreement, hazardous fuels reduction on or adjacent to such lands, 

and for emergency rehabilitation of burned-over National Forest 

System lands and water, $1,974,276,000, to remain available until 

expended: Provided, That such funds including unobligated balances 

under this heading, are available for repayment of advances from 

other appropriations accounts previously transferred for such purposes: Provided further, That such funds shall be available to 

reimburse State and other cooperating entities for services provided 

in response to wildfire and other emergencies or disasters to the 

extent such reimbursements by the Forest Service for non-fire emergencies are fully repaid by the responsible emergency management 

agency: Provided further, That not less than 50 percent of any 

unobligated balances remaining (exclusive of amounts for hazardous 

fuels reduction) at the end of fiscal year 2007 shall be transferred 

to the fund established pursuant to section 3 of Public Law 71– 

319 (16 U.S.C. 576 et seq.) if necessary to reimburse the fund 

for unpaid past advances: Provided further, That, notwithstanding any other provision of law, $8,000,000 of funds appropriated under 

this appropriation shall be used for Fire Science Research in support 

of the Joint Fire Science Program: Provided further, That all 

authorities for the use of funds, including the use of contracts, 

grants, and cooperative agreements, available to execute the Forest 

and Rangeland Research appropriation, are also available in the 

utilization of these funds for Fire Science Research: Provided further, That funds provided shall be available for emergency 

rehabilitation and restoration, hazardous fuels reduction activities 

in the urban-wildland interface, support to Federal emergency 

response, and wildfire suppression activities of the Forest Service: 

Provided further, That of the funds provided, $315,000,000 is for hazardous fuels reduction activities, $11,000,000 is for rehabilitation and restoration, $23,892,000 is for research activities and to 

make competitive research grants pursuant to the Forest and 

Rangeland Renewable Resources Research Act, as amended (16 

U.S.C. 1641 et seq.), $48,727,000 is for State fire assistance, 

$8,000,000 is for volunteer fire assistance, $14,252,000 is for forest 

health activities on Federal lands and $10,014,000 is for forest 

health activities on State and private lands: Provided further, That 

amounts in this paragraph may be transferred to the ‘‘State and 

Private Forestry’’, ‘‘National Forest System’’, and ‘‘Forest and 

Rangeland Research’’ accounts to fund State fire assistance, volunteer fire assistance, forest health management, forest and rangeland 

research, the Joint Fire Science Program, vegetation and watershed 

management, heritage site rehabilitation, and wildlife and fish 

habitat management and restoration: Provided further, That transfers of any amounts in excess of those authorized in this paragraph, 

shall require approval of the House and Senate Committees on 

Appropriations in compliance with reprogramming procedures contained in the explanatory statement accompanying this Act: Provided further, That up to $10,000,000 of the funds provided under 

this heading for hazardous fuels treatments may be transferred 

to and made a part of the ‘‘National Forest System’’ account at 

Notification. 

Transfer date. 

Approval. 


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the sole discretion of the Chief of the Forest Service thirty days 

after notifying the House and the Senate Committees on Appropriations: Provided further, That the costs of implementing any cooperative agreement between the Federal Government and any nonFederal entity may be shared, as mutually agreed on by the affected 

parties: Provided further, That in addition to funds provided for 

State Fire Assistance programs, and subject to all authorities available to the Forest Service under the State and Private Forestry 

Appropriation, up to $15,000,000 may be used on adjacent nonFederal lands for the purpose of protecting communities when 

hazard reduction activities are planned on national forest lands 

that have the potential to place such communities at risk: Provided 

further, That funds made available to implement the Community 

Forest Restoration Act, Public Law 106–393, title VI, shall be 

available for use on non-Federal lands in accordance with authorities available to the Forest Service under the State and Private 

Forestry Appropriation: Provided further, That the Secretary of 

the Interior and the Secretary of Agriculture may authorize the 

transfer of funds appropriated for wildland fire management, in 

an aggregate amount not to exceed $10,000,000, between the 

Departments when such transfers would facilitate and expedite 

jointly funded wildland fire management programs and projects: 

Provided further, That of the funds provided for hazardous fuels 

reduction, not to exceed $7,000,000, may be used to make grants, 

using any authorities available to the Forest Service under the 

State and Private Forestry appropriation, for the purpose of creating 

incentives for increased use of biomass from national forest lands: 

Provided further, That funds designated for wildfire suppression 

shall be assessed for cost pools on the same basis as such assessments are calculated against other agency programs. 

ADMINISTRATIVE PROVISIONS, FOREST SERVICE

Appropriations to the Forest Service for the current fiscal year 

shall be available for: (1) purchase of passenger motor vehicles; 

acquisition of passenger motor vehicles from excess sources, and 

hire of such vehicles; purchase, lease, operation, maintenance, and 

acquisition of aircraft from excess sources to maintain the operable 

fleet for use in Forest Service wildland fire programs and other 

Forest Service programs; notwithstanding other provisions of law, 

existing aircraft being replaced may be sold, with proceeds derived 

or trade-in value used to offset the purchase price for the replacement aircraft; (2) services pursuant to 7 U.S.C. 2225, and not 

to exceed $100,000 for employment under 5 U.S.C. 3109; (3) purchase, erection, and alteration of buildings and other public 

improvements (7 U.S.C. 2250); (4) acquisition of land, waters, and 

interests therein pursuant to 7 U.S.C. 428a; (5) for expenses pursuant to the Volunteers in the National Forest Act of 1972 (16 U.S.C. 

558a, 558d, and 558a note); (6) the cost of uniforms as authorized 

by 5 U.S.C. 5901–5902; and (7) for debt collection contracts in 

accordance with 31 U.S.C. 3718(c). 

Any appropriations or funds available to the Forest Service 

may be transferred to the Wildland Fire Management appropriation 

for forest firefighting, emergency rehabilitation of burned-over or 

damaged lands or waters under its jurisdiction, and fire preparedness due to severe burning conditions upon notification of the 

House and Senate Committees on Appropriations and if and only 


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if all previously appropriated emergency contingent funds under 

the heading ‘‘Wildland Fire Management’’ have been released by 

the President and apportioned and all wildfire suppression funds 

under the heading ‘‘Wildland Fire Management’’ are obligated. 

Funds appropriated to the Forest Service shall be available 

for assistance to or through the Agency for International Development in connection with forest and rangeland research, technical 

information, and assistance in foreign countries, and shall be available to support forestry and related natural resource activities 

outside the United States and its territories and possessions, 

including technical assistance, education and training, and cooperation with United States and international organizations. 

None of the funds made available to the Forest Service in 

this Act or any other Act with respect to any fiscal year shall 

be subject to transfer under the provisions of section 702(b) of 

the Department of Agriculture Organic Act of 1944 (7 U.S.C. 2257), 

section 442 of Public Law 106–224 (7 U.S.C. 7772), or section 

10417(b) of Public Law 107–107 (7 U.S.C. 8316(b)). 

None of the funds available to the Forest Service may be 

reprogrammed without the advance approval of the House and 

Senate Committees on Appropriations in accordance with the reprogramming procedures contained in the explanatory statement 

accompanying this Act. 

Not more than $73,285,000 of funds available to the Forest 

Service shall be transferred to the Working Capital Fund of the 

Department of Agriculture and not more than $24,021,000 of funds 

available to the Forest Service shall be transferred to the Department of Agriculture for Department Reimbursable Programs, commonly referred to as Greenbook charges. Nothing in this paragraph 

shall prohibit or limit the use of reimbursable agreements requested 

by the Forest Service in order to obtain services from the Department of Agriculture’s National Information Technology Center. 

Funds available to the Forest Service shall be available to 

conduct a program of up to $5,000,000 for priority projects within 

the scope of the approved budget, of which $2,500,000 shall be 

carried out by the Youth Conservation Corps and $2,500,000 shall 

be carried out under the authority of the Public Lands Corps 

Healthy Forests Restoration Act of 2005, Public Law 109–154. 

Of the funds available to the Forest Service, $4,000 is available 

to the Chief of the Forest Service for official reception and representation expenses. 

Pursuant to sections 405(b) and 410(b) of Public Law 101– 

593, of the funds available to the Forest Service, $3,000,000 may 

be advanced in a lump sum to the National Forest Foundation 

to aid conservation partnership projects in support of the Forest 

Service mission, without regard to when the Foundation incurs 

expenses, for administrative expenses or projects on or benefitting 

National Forest System lands or related to Forest Service programs: 

Provided, That the Foundation shall obtain, by the end of the 

period of Federal financial assistance, private contributions to 

match on at least one-for-one basis funds made available by the 

Forest Service: Provided further, That the Foundation may transfer 

Federal funds to a non-Federal recipient for a project at the same 

rate that the recipient has obtained the non-Federal matching 

funds: Provided further, That authorized investments of Federal 

funds held by the Foundation may be made only in interest-bearing 

16 USC 556i. 


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121 STAT. 2134 PUBLIC LAW 110–161—DEC. 26, 2007 

obligations of the United States or in obligations guaranteed as 

to both principal and interest by the United States. Pursuant to section 2(b)(2) of Public Law 98–244, $2,650,000 

of the funds available to the Forest Service shall be advanced 

to the National Fish and Wildlife Foundation in a lump sum to 

aid cost-share conservation projects, without regard to when 

expenses are incurred, on or benefitting National Forest System 

lands or related to Forest Service programs: Provided, That such 

funds shall be matched on at least a one-for-one basis by the 

Foundation or its sub-recipients: Provided further, That the Foundation may transfer Federal funds to a Federal or non-Federal 

recipient for a project at the same rate that the recipient has 

obtained the non-Federal matching funds. 

Funds appropriated to the Forest Service shall be available 

for interactions with and providing technical assistance to rural 

communities and natural resource-based businesses for sustainable 

rural development purposes. 

Funds appropriated to the Forest Service shall be available 

for payments to counties within the Columbia River Gorge National 

Scenic Area, pursuant to section 14(c)(1) and (2), and section 16(a)(2) 

of Public Law 99–663. 

An eligible individual who is employed in any project funded 

under title V of the Older American Act of 1965 (42 U.S.C. 3056 

et seq.) and administered by the Forest Service shall be considered 

to be a Federal employee for purposes of chapter 171 of title 28, 

United States Code. 

Any funds appropriated to the Forest Service may be used 

to meet the non-Federal share requirement in section 502(c) of 

the Older American Act of 1965 (42 U.S.C. 3056(c)(2)). 

Funds available to the Forest Service, not to exceed 

$45,000,000, shall be assessed for the purpose of performing facilities maintenance. Such assessments shall occur using a square 

foot rate charged on the same basis the agency uses to assess 

programs for payment of rent, utilities, and other support services. 

Notwithstanding any other provision of law, any appropriations or funds available to the Forest Service not to exceed $500,000 

may be used to reimburse the Office of the General Counsel (OGC), 

Department of Agriculture, for travel and related expenses incurred 

as a result of OGC assistance or participation requested by the 

Forest Service at meetings, training sessions, management reviews, 

land purchase negotiations and similar non-litigation related matters. Future budget justifications for both the Forest Service and 

the Department of Agriculture should clearly display the sums 

previously transferred and the requested funding transfers. 

None of the funds made available under this Act shall be 

obligated or expended to abolish any region, to move or close any 

regional office for National Forest System administration of the 

Forest Service, Department of Agriculture without the consent of 

the House and Senate Committees on Appropriations. 

DEPARTMENT OF HEALTH AND HUMAN SERVICES 

INDIAN HEALTH SERVICE

INDIAN HEALTH SERVICES

For expenses necessary to carry out the Act of August 5, 1954 

(68 Stat. 674), the Indian Self-Determination Act, the Indian Health 


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PUBLIC LAW 110–161—DEC. 26, 2007 121 STAT. 2135 

Care Improvement Act, and titles II and III of the Public Health 

Service Act with respect to the Indian Health Service, 

$3,018,624,000, together with payments received during the fiscal 

year pursuant to 42 U.S.C. 238(b) for services furnished by the 

Indian Health Service: Provided, That funds made available to 

tribes and tribal organizations through contracts, grant agreements, 

or any other agreements or compacts authorized by the Indian 

Self-Determination and Education Assistance Act of 1975 (25 U.S.C. 

450), shall be deemed to be obligated at the time of the grant 

or contract award and thereafter shall remain available to the 

tribe or tribal organization without fiscal year limitation: Provided 

further, That $588,515,000 for contract medical care, including 

$27,000,000 for the Indian Catastrophic Health Emergency Fund, 

shall remain available until expended: Provided further, That no 

less than $35,094,000 is provided for maintaining operations of 

the urban Indian health program: Provided further, That of the 

funds provided, up to $32,000,000 shall remain available until 

expended for implementation of the loan repayment program under 

section 108 of the Indian Health Care Improvement Act: Provided 

further, That $14,000,000 is provided for a methamphetamine and 

suicide prevention and treatment initiative, of which up to 

$5,000,000 may be used for mental health, suicide prevention, and 

behavioral issues associated with methamphetamine use: Provided 

further, That notwithstanding any other provision of law, these 

funds shall be allocated outside all other distribution methods and 

formulas at the discretion of the Director of the Indian Health 

Service and shall remain available until expended: Provided further, 

That funds provided in this Act may be used for one-year contracts 

and grants which are to be performed in two fiscal years, so long 

as the total obligation is recorded in the year for which the funds 

are appropriated: Provided further, That the amounts collected by 

the Secretary of Health and Human Services under the authority 

of title IV of the Indian Health Care Improvement Act shall remain 

available until expended for the purpose of achieving compliance 

with the applicable conditions and requirements of titles XVIII 

and XIX of the Social Security Act (exclusive of planning, design, 

or construction of new facilities): Provided further, That funding 

contained herein, and in any earlier appropriations Acts for scholarship programs under the Indian Health Care Improvement Act 

(25 U.S.C. 1613) shall remain available until expended: Provided 

further, That amounts received by tribes and tribal organizations 

under title IV of the Indian Health Care Improvement Act shall 

be reported and accounted for and available to the receiving tribes 

and tribal organizations until expended: Provided further, That, 

notwithstanding any other provision of law, of the amounts provided 

herein, not to exceed $271,636,000 shall be for payments to tribes 

and tribal organizations for contract or grant support costs associated with contracts, grants, self-governance compacts, or annual 

funding agreements between the Indian Health Service and a tribe 

or tribal organization pursuant to the Indian Self-Determination 

Act of 1975, as amended, prior to or during fiscal year 2008, 

of which not to exceed $5,000,000 may be used for contract support 

costs associated with new or expanded self-determination contracts, 

grants, self-governance compacts, or annual funding agreements: 

Provided further, That the Bureau of Indian Affairs may collect 

from the Indian Health Service and tribes and tribal organizations 

operating health facilities pursuant to Public Law 93–638 such 


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individually identifiable health information relating to disabled children as may be necessary for the purpose of carrying out its functions under the Individuals with Disabilities Education Act (20 

U.S.C. 1400, et seq.): Provided further, That funds available for 

the Indian Health Care Improvement Fund may be used, as needed, 

to carry out activities typically funded under the Indian Health 

Facilities account. 

INDIAN HEALTH FACILITIES

For construction, repair, maintenance, improvement, and equipment of health and related auxiliary facilities, including quarters 

for personnel; preparation of plans, specifications, and drawings; 

acquisition of sites, purchase and erection of modular buildings, 

and purchases of trailers; and for provision of domestic and community sanitation facilities for Indians, as authorized by section 7 

of the Act of August 5, 1954 (42 U.S.C. 2004a), the Indian SelfDetermination Act, and the Indian Health Care Improvement Act, 

and for expenses necessary to carry out such Acts and titles II 

and III of the Public Health Service Act with respect to environmental health and facilities support activities of the Indian Health 

Service, $380,583,000, to remain available until expended: Provided, 

That notwithstanding any other provision of law, funds appropriated for the planning, design, construction or renovation of health 

facilities for the benefit of an Indian tribe or tribes may be used 

to purchase land for sites to construct, improve, or enlarge health 

or related facilities: Provided further, That not to exceed $500,000 

shall be used by the Indian Health Service to purchase TRANSAM 

equipment from the Department of Defense for distribution to the 

Indian Health Service and tribal facilities: Provided further, That 

none of the funds appropriated to the Indian Health Service may 

be used for sanitation facilities construction for new homes funded 

with grants by the housing programs of the United States Department of Housing and Urban Development: Provided further, That 

not to exceed $1,000,000 from this account and the ‘‘Indian Health 

Services’’ account shall be used by the Indian Health Service to 

obtain ambulances for the Indian Health Service and tribal facilities 

in conjunction with an existing interagency agreement between 

the Indian Health Service and the General Services Administration: 

Provided further, That not to exceed $500,000 shall be placed in 

a Demolition Fund, available until expended, to be used by the 

Indian Health Service for demolition of Federal buildings. 

ADMINISTRATIVE PROVISIONS, INDIAN HEALTH SERVICE

Appropriations in this Act to the Indian Health Service shall 

be available for services as authorized by 5 U.S.C. 3109 but at 

rates not to exceed the per diem rate equivalent to the maximum 

rate payable for senior-level positions under 5 U.S.C. 5376; hire 

of passenger motor vehicles and aircraft; purchase of medical equipment; purchase of reprints; purchase, renovation and erection of 

modular buildings and renovation of existing facilities; payments 

for telephone service in private residences in the field, when authorized under regulations approved by the Secretary; and for uniforms 

or allowances therefor as authorized by 5 U.S.C. 5901–5902; and 

for expenses of attendance at meetings which are concerned with 

the functions or activities for which the appropriation is made 


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or which will contribute to improved conduct, supervision, or 

management of those functions or activities. 

In accordance with the provisions of the Indian Health Care 

Improvement Act, non-Indian patients may be extended health 

care at all tribally administered or Indian Health Service facilities, 

subject to charges, and the proceeds along with funds recovered 

under the Federal Medical Care Recovery Act (42 U.S.C. 2651– 

2653) shall be credited to the account of the facility providing 

the service and shall be available without fiscal year limitation. 

Notwithstanding any other law or regulation, funds transferred 

from the Department of Housing and Urban Development to the 

Indian Health Service shall be administered under Public Law 

86–121 (the Indian Sanitation Facilities Act) and Public Law 93– 

638, as amended. 

Funds appropriated to the Indian Health Service in this Act, 

except those used for administrative and program direction purposes, shall not be subject to limitations directed at curtailing 

Federal travel and transportation. 

None of the funds made available to the Indian Health Service 

in this Act shall be used for any assessments or charges by the 

Department of Health and Human Services unless identified in 

the budget justification and provided in this Act, or approved by 

the House and Senate Committees on Appropriations through the 

reprogramming process. 

Notwithstanding any other provision of law, funds previously 

or herein made available to a tribe or tribal organization through 

a contract, grant, or agreement authorized by title I or title V 

of the Indian Self-Determination and Education Assistance Act 

of 1975 (25 U.S.C. 450), may be deobligated and reobligated to 

a self-determination contract under title I, or a self-governance 

agreement under title V of such Act and thereafter shall remain 

available to the tribe or tribal organization without fiscal year 

limitation. 

None of the funds made available to the Indian Health Service 

in this Act shall be used to implement the final rule published 

in the Federal Register on September 16, 1987, by the Department 

of Health and Human Services, relating to the eligibility for the 

health care services of the Indian Health Service until the Indian 

Health Service has submitted a budget request reflecting the 

increased costs associated with the proposed final rule, and such 

request has been included in an appropriations Act and enacted 

into law. 

With respect to functions transferred by the Indian Health 

Service to tribes or tribal organizations, the Indian Health Service 

is authorized to provide goods and services to those entities, on 

a reimbursable basis, including payment in advance with subsequent adjustment. The reimbursements received therefrom, along 

with the funds received from those entities pursuant to the Indian 

Self-Determination Act, may be credited to the same or subsequent 

appropriation account that provided the funding, with such amounts 

to remain available until expended. 

Reimbursements for training, technical assistance, or services 

provided by the Indian Health Service will contain total costs, 

including direct, administrative, and overhead associated with the 

provision of goods, services, or technical assistance. 

Regulations. 

Budget request. 


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The appropriation structure for the Indian Health Service may 

not be altered without advance notification to the House and Senate 

Committees on Appropriations. 

NATIONAL INSTITUTES OF HEALTH

NATIONAL INSTITUTE OF ENVIRONMENTAL HEALTH SCIENCES

For necessary expenses for the National Institute of Environmental Health Sciences in carrying out activities set forth in section 

311(a) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended, and section 126(g) 

of the Superfund Amendments and Reauthorization Act of 1986, 

$78,775,000. 

AGENCY FOR TOXIC SUBSTANCES AND DISEASE REGISTRY

TOXIC SUBSTANCES AND ENVIRONMENTAL PUBLIC HEALTH

For necessary expenses for the Agency for Toxic Substances 

and Disease Registry (ATSDR) in carrying out activities set forth 

in sections 104(i), 111(c)(4), and 111(c)(14) of the Comprehensive 

Environmental Response, Compensation, and Liability Act of 1980 

(CERCLA), as amended; section 118(f) of the Superfund Amendments and Reauthorization Act of 1986 (SARA), as amended; and 

section 3019 of the Solid Waste Disposal Act, as amended, 

$75,212,000, of which up to $1,500,000, to remain available until 

expended, is for Individual Learning Accounts for full-time equivalent employees of the Agency for Toxic Substances and Disease 

Registry: Provided, That notwithstanding any other provision of 

law, in lieu of performing a health assessment under section 

104(i)(6) of CERCLA, the Administrator of ATSDR may conduct 

other appropriate health studies, evaluations, or activities, 

including, without limitation, biomedical testing, clinical evaluations, medical monitoring, and referral to accredited health care 

providers: Provided further, That in performing any such health 

assessment or health study, evaluation, or activity, the Administrator of ATSDR shall not be bound by the deadlines in section 

104(i)(6)(A) of CERCLA. 

OTHER RELATED AGENCIES 

EXECUTIVE OFFICE OF THE PRESIDENT

COUNCIL ON ENVIRONMENTAL QUALITY AND OFFICE OF

ENVIRONMENTAL QUALITY

For necessary expenses to continue functions assigned to the 

Council on Environmental Quality and Office of Environmental 

Quality pursuant to the National Environmental Policy Act of 1969, 

the Environmental Quality Improvement Act of 1970, and Reorganization Plan No. 1 of 1977, and not to exceed $750 for official 

reception and representation expenses, $2,703,000: Provided, That 

notwithstanding section 202 of the National Environmental Policy 

Act of 1970, the Council shall consist of one member, appointed 

by the President, by and with the advice and consent of the Senate, 

serving as chairman and exercising all powers, functions, and duties 

of the Council. 

Appointment. 


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CHEMICAL SAFETY AND HAZARD INVESTIGATION BOARD

SALARIES AND EXPENSES

For necessary expenses in carrying out activities pursuant to 

section 112(r)(6) of the Clean Air Act, as amended, including hire 

of passenger vehicles, uniforms or allowances therefor, as authorized 

by 5 U.S.C. 5901–5902, and for services authorized by 5 U.S.C. 

3109 but at rates for individuals not to exceed the per diem equivalent to the maximum rate payable for senior level positions under 

5 U.S.C. 5376, $9,410,000: Provided, That the Chemical Safety 

and Hazard Investigation Board (Board) shall have not more than 

three career Senior Executive Service positions: Provided further, 

that notwithstanding any other provision of law, the individual 

appointed to the position of Inspector General of the Environmental 

Protection Agency (EPA) shall, by virtue of such appointment, also 

hold the position of Inspector General of the Board: Provided further, That notwithstanding any other provision of law, the Inspector 

General of the Board shall utilize personnel of the Office of Inspector 

General of EPA in performing the duties of the Inspector General 

of the Board, and shall not appoint any individuals to positions 

within the Board. 

OFFICE OF NAVAJO AND HOPI INDIAN RELOCATION

SALARIES AND EXPENSES

For necessary expenses of the Office of Navajo and Hopi Indian 

Relocation as authorized by Public Law 93–531, $9,000,000, to 

remain available until expended: Provided, That funds provided 

in this or any other appropriations Act are to be used to relocate 

eligible individuals and groups including evictees from District 6, 

Hopi-partitioned lands residents, those in significantly substandard 

housing, and all others certified as eligible and not included in 

the preceding categories: Provided further, That none of the funds 

contained in this or any other Act may be used by the Office 

of Navajo and Hopi Indian Relocation to evict any single Navajo 

or Navajo family who, as of November 30, 1985, was physically 

domiciled on the lands partitioned to the Hopi Tribe unless a 

new or replacement home is provided for such household: Provided 

further, That no relocatee will be provided with more than one 

new or replacement home: Provided further, That the Office shall 

relocate any certified eligible relocatees who have selected and 

received an approved homesite on the Navajo reservation or selected 

a replacement residence off the Navajo reservation or on the land 

acquired pursuant to 25 U.S.C. 640d–10. 

INSTITUTE OF AMERICAN INDIAN AND ALASKA NATIVE CULTURE AND

ARTS DEVELOPMENT

PAYMENT TO THE INSTITUTE

For payment to the Institute of American Indian and Alaska 

Native Culture and Arts Development, as authorized by title XV 

of Public Law 99–498, as amended (20 U.S.C. 56 part A), $7,297,000. 

5 USC app. 8G 

note. 

Government 

organization. 


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SMITHSONIAN INSTITUTION

SALARIES AND EXPENSES

For necessary expenses of the Smithsonian Institution, as 

authorized by law, including research in the fields of art, science, 

and history; development, preservation, and documentation of the 

National Collections; presentation of public exhibits and performances; collection, preparation, dissemination, and exchange of 

information and publications; conduct of education, training, and 

museum assistance programs; maintenance, alteration, operation, 

lease (for terms not to exceed 30 years), and protection of buildings, 

facilities, and approaches; not to exceed $100,000 for services as 

authorized by 5 U.S.C. 3109; up to five replacement passenger 

vehicles; purchase, rental, repair, and cleaning of uniforms for 

employees, $571,347,000, of which not to exceed $19,968,000 for 

the instrumentation program, collections acquisition, exhibition reinstallation, the National Museum of African American History 

and Culture, and the repatriation of skeletal remains program 

shall remain available until expended; and of which $1,578,000 

for fellowships and scholarly awards shall remain available until 

September 30, 2009; and including such funds as may be necessary 

to support American overseas research centers: Provided, That 

funds appropriated herein are available for advance payments to 

independent contractors performing research services or participating in official Smithsonian presentations. 

FACILITIES CAPITAL

For necessary expenses of repair, revitalization, and alteration 

of facilities owned or occupied by the Smithsonian Institution, by 

contract or otherwise, as authorized by section 2 of the Act of 

August 22, 1949 (63 Stat. 623), and for construction, including 

necessary personnel, $107,100,000, to remain available until 

expended, of which not to exceed $10,000 is for services as authorized by 5 U.S.C. 3109. 

LEGACY FUND

For major restoration, renovation, and rehabilitation of existing 

Smithsonian facilities, $15,000,000, to remain available until 

expended: Provided, That funds shall only be available after being 

matched by no less than $30,000,000 in private donations, which 

shall not include in-kind contributions: Provided further, That none 

of the funds made available under this heading or any required 

matching funds shall be used for day-to-day maintenance, general 

salaries and expenses, or programmatic purposes. 

NATIONAL GALLERY OF ART

SALARIES AND EXPENSES

For the upkeep and operations of the National Gallery of Art, 

the protection and care of the works of art therein, and administrative expenses incident thereto, as authorized by the Act of March 

24, 1937 (50 Stat. 51), as amended by the public resolution of 

April 13, 1939 (Public Resolution 9, Seventy-sixth Congress), 

including services as authorized by 5 U.S.C. 3109; payment in 


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advance when authorized by the treasurer of the Gallery for membership in library, museum, and art associations or societies whose 

publications or services are available to members only, or to members at a price lower than to the general public; purchase, repair, 

and cleaning of uniforms for guards, and uniforms, or allowances 

therefor, for other employees as authorized by law (5 U.S.C. 5901– 

5902); purchase or rental of devices and services for protecting 

buildings and contents thereof, and maintenance, alteration, 

improvement, and repair of buildings, approaches, and grounds; 

and purchase of services for restoration and repair of works of 

art for the National Gallery of Art by contracts made, without 

advertising, with individuals, firms, or organizations at such rates 

or prices and under such terms and conditions as the Gallery 

may deem proper, $101,718,000, of which not to exceed $3,350,000 

for the special exhibition program shall remain available until 

expended. 

REPAIR, RESTORATION AND RENOVATION OF BUILDINGS

For necessary expenses of repair, restoration and renovation 

of buildings, grounds and facilities owned or occupied by the 

National Gallery of Art, by contract or otherwise, as authorized, 

$18,017,000, to remain available until expended: Provided, That 

contracts awarded for environmental systems, protection systems, 

and exterior repair or renovation of buildings of the National Gallery of Art may be negotiated with selected contractors and awarded 

on the basis of contractor qualifications as well as price. 

JOHN F. KENNEDY CENTER FOR THE PERFORMING ARTS

OPERATIONS AND MAINTENANCE

For necessary expenses for the operation, maintenance and 

security of the John F. Kennedy Center for the Performing Arts, 

$20,200,000. 

CAPITAL REPAIR AND RESTORATION

For necessary expenses for capital repair and restoration of 

the existing features of the building and site of the John F. Kennedy 

Center for the Performing Arts, $23,150,000, to remain available 

until expended. 

WOODROW WILSON INTERNATIONAL CENTER FOR SCHOLARS

SALARIES AND EXPENSES

For expenses necessary in carrying out the provisions of the 

Woodrow Wilson Memorial Act of 1968 (82 Stat. 1356) including 

hire of passenger vehicles and services as authorized by 5 U.S.C. 

3109, $10,000,000. 


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NATIONAL FOUNDATION ON THE ARTS AND THE HUMANITIES

NATIONAL ENDOWMENT FOR THE ARTS

GRANTS AND ADMINISTRATION

For necessary expenses to carry out the National Foundation 

on the Arts and the Humanities Act of 1965, as amended, 

$147,000,000 shall be available to the National Endowment for 

the Arts for the support of projects and productions in the arts, 

including arts education and public outreach activities, through 

assistance to organizations and individuals pursuant to section 

5 of the Act, for program support, and for administering the functions of the Act, to remain available until expended: Provided, 

That funds appropriated herein shall be expended in accordance 

with sections 309 and 311 of Public Law 108–447. 

NATIONAL ENDOWMENT FOR THE HUMANITIES

GRANTS AND ADMINISTRATION

For necessary expenses to carry out the National Foundation 

on the Arts and the Humanities Act of 1965, as amended, 

$132,490,000, shall be available to the National Endowment for 

the Humanities for support of activities in the humanities, pursuant 

to section 7(c) of the Act, and for administering the functions 

of the Act, to remain available until expended. 

MATCHING GRANTS

To carry out the provisions of section 10(a)(2) of the National 

Foundation on the Arts and the Humanities Act of 1965, as 

amended, $14,510,000, to remain available until expended, of which 

$9,479,000 shall be available to the National Endowment for the 

Humanities for the purposes of section 7(h): Provided, That this 

appropriation shall be available for obligation only in such amounts 

as may be equal to the total amounts of gifts, bequests, and devises 

of money, and other property accepted by the chairman or by 

grantees of the Endowment under the provisions of subsections 

11(a)(2)(B) and 11(a)(3)(B) during the current and preceding fiscal 

years for which equal amounts have not previously been appropriated. 

ADMINISTRATIVE PROVISIONS

None of the funds appropriated to the National Foundation 

on the Arts and the Humanities may be used to process any grant 

or contract documents which do not include the text of 18 U.S.C. 

1913: Provided, That none of the funds appropriated to the National 

Foundation on the Arts and the Humanities may be used for official 

reception and representation expenses: Provided further, That funds 

from nonappropriated sources may be used as necessary for official 

reception and representation expenses: Provided further, That the 

Chairperson of the National Endowment for the Arts may approve 

grants of up to $10,000, if in the aggregate this amount does 

not exceed 5 percent of the sums appropriated for grant-making 

purposes per year: Provided further, That such small grant actions 

are taken pursuant to the terms of an expressed and direct delegation of authority from the National Council on the Arts to the 


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Chairperson: Provided further, That section 309(1) of division E, 

Public Law 108–447, is amended by inserting ‘‘National Opera 

Fellowship,’’ after ‘‘National Heritage Fellowship,’’. 

COMMISSION OF FINE ARTS

SALARIES AND EXPENSES

For expenses made necessary by the Act establishing a Commis- sion of Fine Arts (40 U.S.C. 104), $2,092,000: Provided, That the 

Commission is authorized to charge fees to cover the full costs 

of its publications, and such fees shall be credited to this account 

as an offsetting collection, to remain available until expended without further appropriation. 

NATIONAL CAPITAL ARTS AND CULTURAL AFFAIRS

For necessary expenses as authorized by Public Law 99–190 (20 U.S.C. 956a), as amended, $8,500,000. 

ADVISORY COUNCIL ON HISTORIC PRESERVATION

SALARIES AND EXPENSES

For necessary expenses of the Advisory Council on Historic 

Preservation (Public Law 89–665, as amended), $5,348,000: Provided, That none of these funds shall be available for compensation 

of level V of the Executive Schedule or higher positions. 

NATIONAL CAPITAL PLANNING COMMISSION

SALARIES AND EXPENSES

For necessary expenses, as authorized by the National Capital 

Planning Act of 1952 (40 U.S.C. 71–71i), including services as 

authorized by 5 U.S.C. 3109, $8,265,000: Provided, That one-quarter 

of 1 percent of the funds provided under this heading may be 

used for official reception and representational expenses associated 

with hosting international visitors engaged in the planning and 

physical development of world capitals. 

UNITED STATES HOLOCAUST MEMORIAL MUSEUM

HOLOCAUST MEMORIAL MUSEUM

For expenses of the Holocaust Memorial Museum, as authorized by Public Law 106–292 (36 U.S.C. 2301–2310), $45,496,000, of 

which $515,000 for the equipment replacement program shall 

remain available until September 30, 2010; and $1,900,000 for 

the museum’s repair and rehabilitation program and $1,264,000 

for the museum’s exhibition design and production program shall 

remain available until expended. 

PRESIDIO TRUST

PRESIDIO TRUST FUND

For necessary expenses to carry out title I of the Omnibus 

Parks and Public Lands Management Act of 1996, $22,400,000 

118 Stat. 3094. 


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shall be available to the Presidio Trust, to remain available until 

expended. 

WHITE HOUSE COMMISSION ON THE NATIONAL MOMENT OF

REMEMBRANCE

SALARIES AND EXPENSES

(INCLUDING TRANSFER OF FUNDS) 

For necessary expenses of the White House Commission on the National Moment of Remembrance, $200,000, which shall be 

transferred to the Department of Veterans Affairs, ‘‘Departmental 

Administration, General Operating Expenses’’ account and be 

administered by the Secretary of Veterans Affairs. 

DWIGHT D. EISENHOWER MEMORIAL COMMISSION 

SALARIES AND EXPENSES

For necessary expenses, including the costs of construction 

design, of the Dwight D. Eisenhower Memorial Commission, 

$2,000,000, to remain available until expended. 

TITLE IV 

GENERAL PROVISIONS 

(INCLUDING TRANSFERS OF FUNDS) 

SEC. 401. The expenditure of any appropriation under this 

Act for any consulting service through procurement contract, pursuant to 5 U.S.C. 3109, 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. 402. No part of any appropriation contained in this Act 

shall be available for any activity or the publication or distribution 

of literature that in any way tends to promote public support 

or opposition to any legislative proposal on which Congressional 

action is not complete other than to communicate to Members 

of Congress as described in 18 U.S.C. 1913. 

SEC. 403. No part of any appropriation contained in this Act 

shall remain available for obligation beyond the current fiscal year 

unless expressly so provided herein. 

SEC. 404. None of the funds provided in this Act to any department or agency shall be obligated or expended to provide a personal 

cook, chauffeur, or other personal servants to any officer or 

employee of such department or agency except as otherwise provided 

by law. 

SEC. 405. Estimated overhead charges, deductions, reserves 

or holdbacks from programs, projects, activities and subactivities 

to support government-wide, departmental, agency or bureau 

administrative functions or headquarters, regional or central operations shall be presented in annual budget justifications and subject 

to approval by the Committees on Appropriations. Changes to such 

estimates shall be presented to the Committees on Appropriations 

for approval. 

Budget 

estimates. 

Lobbying. 

Contracts. 


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SEC. 406. 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 provided in, this Act or any other Act. 

SEC. 407. None of the funds in this Act may be used to plan, 

prepare, or offer for sale timber from trees classified as giant 

sequoia (Sequoiadendron giganteum) which are located on National 

Forest System or Bureau of Land Management lands in a manner 

different than such sales were conducted in fiscal year 2006. 

SEC. 408. (a) LIMITATION OF FUNDS.—None of the funds appropriated or otherwise made available pursuant to this Act shall 

be obligated or expended to accept or process applications for a 

patent for any mining or mill site claim located under the general 

mining laws. 

(b) EXCEPTIONS.—The provisions of subsection (a) shall not 

apply if the Secretary of the Interior determines that, for the 

claim concerned: (1) a patent application was filed with the Secretary on or before September 30, 1994; and (2) all requirements 

established under sections 2325 and 2326 of the Revised Statutes 

(30 U.S.C. 29 and 30) for vein or lode claims and sections 2329, 

2330, 2331, and 2333 of the Revised Statutes (30 U.S.C. 35, 36, 

and 37) for placer claims, and section 2337 of the Revised Statutes 

(30 U.S.C. 42) for mill site claims, as the case may be, were 

fully complied with by the applicant by that date. 

(c) REPORT.—On September 30, 2008, the Secretary of the 

Interior shall file with the House and Senate Committees on Appropriations and the Committee on Resources of the House of Representatives and the Committee on Energy and Natural Resources 

of the Senate a report on actions taken by the Department under 

the plan submitted pursuant to section 314(c) of the Department 

of the Interior and Related Agencies Appropriations Act, 1997 

(Public Law 104–208). 

(d) MINERAL EXAMINATIONS.—In order to process patent 

applications in a timely and responsible manner, upon the request 

of a patent applicant, the Secretary of the Interior shall allow 

the applicant to fund a qualified third-party contractor to be selected 

by the Bureau of Land Management to conduct a mineral examination of the mining claims or mill sites contained in a patent application as set forth in subsection (b). The Bureau of Land Management 

shall have the sole responsibility to choose and pay the thirdparty contractor in accordance with the standard procedures 

employed by the Bureau of Land Management in the retention 

of third-party contractors. 

SEC. 409. Notwithstanding any other provision of law, amounts 

appropriated to or otherwise designated in committee reports for 

the Bureau of Indian Affairs and the Indian Health Service by 

Public Laws 103–138, 103–332, 104–134, 104–208, 105–83, 105– 

277, 106–113, 106–291, 107–63, 108–7, 108–108, 108–447, 109– 

54, 109–289, division B and Continuing Appropriations Resolution, 

2007 (division B of Public Law 109–289, as amended by Public 

Law 110–5) for payments for contract support costs associated 

with self-determination or self-governance contracts, grants, compacts, or annual funding agreements with the Bureau of Indian 

Affairs or the Indian Health Service as funded by such Acts, are 

the total amounts available for fiscal years 1994 through 2007 

for such purposes, except that for the Bureau of Indian Affairs, 

Patents. 

Mines and 

mining. 

Timber. 


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tribes and tribal organizations may use their tribal priority allocations for unmet contract support costs of ongoing contracts, grants, 

self-governance compacts, or annual funding agreements. 

SEC. 410. Prior to October 1, 2008, the Secretary of Agriculture 

shall not be considered to be in violation of subparagraph 6(f)(5)(A) 

of the Forest and Rangeland Renewable Resources Planning Act 

of 1974 (16 U.S.C. 1604(f)(5)(A)) solely because more than 15 years 

have passed without revision of the plan for a unit of the National 

Forest System. Nothing in this section exempts the Secretary from 

any other requirement of the Forest and Rangeland Renewable 

Resources Planning Act (16 U.S.C. 1600 et seq.) or any other 

law: Provided, That if the Secretary is not acting expeditiously 

and in good faith, within the funding available, to revise a plan 

for a unit of the National Forest System, this section shall be 

void with respect to such plan and a court of proper jurisdiction 

may order completion of the plan on an accelerated basis. 

SEC. 411. No timber sale in Region 10 shall be advertised 

if the indicated rate is deficit when appraised using a residual 

value approach that assigns domestic Alaska values for western 

redcedar. Program accomplishments shall be based on volume sold. 

Should Region 10 sell, in the current fiscal year, the annual average 

portion of the decadal allowable sale quantity called for in the 

current Tongass Land Management Plan in sales which are not 

deficit when appraised using a residual value approach that assigns 

domestic Alaska values for western redcedar, all of the western 

redcedar timber from those sales which is surplus to the needs 

of domestic processors in Alaska, shall be made available to 

domestic processors in the contiguous 48 United States at prevailing 

domestic prices. Should Region 10 sell, in the current fiscal year, 

less than the annual average portion of the decadal allowable 

sale quantity called for in the Tongass Land Management Plan 

in sales which are not deficit when appraised using a residual 

value approach that assigns domestic Alaska values for western 

redcedar, the volume of western redcedar timber available to 

domestic processors at prevailing domestic prices in the contiguous 

48 United States shall be that volume: (1) which is surplus to 

the needs of domestic processors in Alaska; and (2) is that percent 

of the surplus western redcedar volume determined by calculating 

the ratio of the total timber volume which has been sold on the 

Tongass to the annual average portion of the decadal allowable 

sale quantity called for in the current Tongass Land Management 

Plan. The percentage shall be calculated by Region 10 on a rolling 

basis as each sale is sold (for purposes of this amendment, a 

‘‘rolling basis’’ shall mean that the determination of how much 

western redcedar is eligible for sale to various markets shall be 

made at the time each sale is awarded). Western redcedar shall 

be deemed ‘‘surplus to the needs of domestic processors in Alaska’’ 

when the timber sale holder has presented to the Forest Service 

documentation of the inability to sell western redcedar logs from 

a given sale to domestic Alaska processors at a price equal to 

or greater than the log selling value stated in the contract. All 

additional western redcedar volume not sold to Alaska or contiguous 

48 United States domestic processors may be exported to foreign 

markets at the election of the timber sale holder. All Alaska yellow 

cedar may be sold at prevailing export prices at the election of 

the timber sale holder. 

Timber. 

Alaska. 

16 USC 1604 

note. 


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SEC. 412. No funds provided in this Act may be expended 

to conduct preleasing, leasing and related activities under either 

the Mineral Leasing Act (30 U.S.C. 181 et seq.) or the Outer 

Continental Shelf Lands Act (43 U.S.C. 1331 et seq.) within the 

boundaries of a National Monument established pursuant to the 

Act of June 8, 1906 (16 U.S.C. 431 et seq.) as such boundary 

existed on January 20, 2001, except where such activities are 

allowed under the Presidential proclamation establishing such 

monument. 

SEC. 413. In entering into agreements with foreign countries 

pursuant to the Wildfire Suppression Assistance Act (42 U.S.C. 

1856m) the Secretary of Agriculture and the Secretary of the 

Interior are authorized to enter into reciprocal agreements in which 

the individuals furnished under said agreements to provide wildfire 

services are considered, for purposes of tort liability, employees 

of the country receiving said services when the individuals are 

engaged in fire suppression: Provided, That the Secretary of Agriculture or the Secretary of the Interior shall not enter into any 

agreement under this provision unless the foreign country (either 

directly or through its fire organization) agrees to assume any 

and all liability for the acts or omissions of American firefighters 

engaged in firefighting in a foreign country: Provided further, That 

when an agreement is reached for furnishing fire fighting services, 

the only remedies for acts or omissions committed while fighting 

fires shall be those provided under the laws of the host country, 

and those remedies shall be the exclusive remedies for any claim 

arising out of fighting fires in a foreign country: Provided further, 

That neither the sending country nor any legal organization associated with the firefighter shall be subject to any legal action whatsoever pertaining to or arising out of the firefighter’s role in fire 

suppression. 

SEC. 414. In awarding a Federal contract with funds made 

available by this Act, notwithstanding Federal Government procurement and contracting laws, the Secretary of Agriculture and the 

Secretary of the Interior (the ‘‘Secretaries’’) may, in evaluating 

bids and proposals, give consideration to local contractors who are 

from, and who provide employment and training for, dislocated 

and displaced workers in an economically disadvantaged rural 

community, including those historically timber-dependent areas 

that have been affected by reduced timber harvesting on Federal 

lands and other forest-dependent rural communities isolated from 

significant alternative employment opportunities: Provided, That 

notwithstanding Federal Government procurement and contracting 

laws the Secretaries may award contracts, grants or cooperative 

agreements to local non-profit entities, Youth Conservation Corps 

or related partnerships with State, local or non-profit youth groups, 

or small or micro-business or disadvantaged business: Provided 

further, That the contract, grant, or cooperative agreement is for 

forest hazardous fuels reduction, watershed or water quality monitoring or restoration, wildlife or fish population monitoring, or 

habitat restoration or management: Provided further, That the 

terms ‘‘rural community’’ and ‘‘economically disadvantaged’’ shall 

have the same meanings as in section 2374 of Public Law 101– 

624: Provided further, That the Secretaries shall develop guidance 

to implement this section: Provided further, That nothing in this 

section shall be construed as relieving the Secretaries of any duty 

Guidance. 

Contracts. 


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121 STAT. 2148 PUBLIC LAW 110–161—DEC. 26, 2007 

under applicable procurement laws, except as provided in this section. 

SEC. 415. (a) LIMITATION ON COMPETITIVE SOURCING STUDIES.— 

(1) Of the funds made available by this or any other Act 

to the Department of the Interior for fiscal year 2008, not 

more than $3,450,000 may be used by the Secretary of the 

Interior to initiate or continue competitive sourcing studies 

in fiscal year 2008 for programs, projects, and activities for 

which funds are appropriated by this Act. 

(2) None of the funds made available by this or any other 

Act may be used in fiscal year 2008 for competitive sourcing 

studies and any related activities involving Forest Service personnel. 

(b) COMPETITIVE SOURCING STUDY DEFINED.—In this section, 

the term ‘‘competitive sourcing study’’ means a study on subjecting 

work performed by Federal Government employees or private contractors to public-private competition or on converting the Federal 

Government employees or the work performed by such employees 

to private contractor performance under the Office of Management 

and Budget Circular A–76 or any other administrative regulation, 

directive, or policy. 

(c) COMPETITIVE SOURCING EXEMPTION FOR FOREST SERVICE

STUDIES CONDUCTED PRIOR TO FISCAL YEAR 2006.—The Forest 

Service is hereby exempted from implementing the Letter of Obligation and post-competition accountability guidelines where a competitive sourcing study involved 65 or fewer full-time equivalents, the 

performance decision was made in favor of the agency provider, 

no net savings was achieved by conducting the study, and the 

study was completed prior to the date of this Act. 

(d) In preparing any reports to the Committees on Appropriations on competitive sourcing activities, agencies funded in this 

Act shall include all costs attributable to conducting the competitive 

sourcing competitions and staff work to prepare for competitions 

or to determine the feasibility of starting competitions, including 

costs attributable to paying outside consultants and contractors 

and, in accordance with full cost accounting principles, all costs 

attributable to developing, implementing, supporting, managing, 

monitoring, and reporting on competitive sourcing, including personnel, consultant, travel, and training costs associated with program management. 

(e) In carrying out any competitive sourcing study involving 

Department of the Interior employees, the Secretary of the Interior 

shall— 

(1) determine whether any of the employees concerned 

are also qualified to participate in wildland fire management 

activities; and 

(2) take into consideration the effect that contracting with 

a private sector source would have on the ability of the Department of the Interior to effectively and efficiently fight and 

manage wildfires. 

SEC. 416. Section 331 of the Department of the Interior and 

Related Agencies Appropriations Act, 2000, regarding the pilot program to enhance Forest Service administration of rights-of-way 

(as enacted into law by section 1000(a)(3) of Public Law 106– 

113; 113 Stat. 1501A–196; 16 U.S.C. 497 note), as amended, is 

amended— 


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PUBLIC LAW 110–161—DEC. 26, 2007 121 STAT. 2149 

(1) in subsection (a) by striking ‘‘2006’’ and inserting ‘‘2012’’; 

and 

(2) in subsection (b) by striking ‘‘2006’’ and inserting ‘‘2012’’. 

SEC. 417. Section 321 of the Department of the Interior and 

Related Agencies Appropriations Act, 2003, regarding Forest Service 

cooperative agreements with third parties that are of mutually 

significant benefit (division F of Public Law 108–7; 117 Stat. 274; 

16 U.S.C. 565a–1 note) is amended by striking ‘‘September 30, 

2007’’ and inserting ‘‘September 30, 2010’’. 

SEC. 418. (a) Notwithstanding any other provision of law and 

until October 1, 2009, the Indian Health Service may not disburse 

funds for the provision of health care services pursuant to Public 

Law 93–638 (25 U.S.C. 450 et seq.) to any Alaska Native village 

or Alaska Native village corporation that is located within the 

area served by an Alaska Native regional health entity. 

(b) Nothing in this section shall be construed to prohibit the 

disbursal of funds to any Alaska Native village or Alaska Native 

village corporation under any contract or compact entered into 

prior to May 1, 2006, or to prohibit the renewal of any such 

agreement. 

(c) For the purpose of this section, Eastern Aleutian Tribes, 

Inc. and the Council of Athabascan Tribal Governments shall be 

treated as Alaska Native regional health entities to which funds 

may be disbursed under this section. 

SEC. 419. Unless otherwise provided herein, no funds appropriated in this Act for the acquisition of lands or interests in 

lands may be expended for the filing of declarations of taking 

or complaints in condemnation without the approval of the House 

and Senate Committees on Appropriations: Provided, That this 

provision shall not apply to funds appropriated to implement the 

Everglades National Park Protection and Expansion Act of 1989, 

or to funds appropriated for Federal assistance to the State of 

Florida to acquire lands for Everglades restoration purposes. 

SEC. 420. Section 337(a) of the Department of the Interior 

and Related Agencies Appropriations Act, 2005 (Public Law 108– 

447; 118 Stat. 3012) is amended by striking ‘‘September 30, 2006’’ 

and inserting ‘‘September 30, 2008’’. 

SEC. 421. Section 339 of division E of the Consolidated Appropriations Act, 2005 (Public Law 108–447; 118 Stat. 3103) is 

amended— 

(1) by striking ‘‘2005 through 2007’’and inserting ‘‘2005 

through 2008’’; and 

(2) by adding at the end the following new sentence: ‘‘The 

categorical exclusion under this section shall not apply with 

respect to any allotment in a federally designated wilderness 

area.’’. 

SEC. 422. A permit fee collected during fiscal year 2007 by 

the Secretary of Agriculture under the Act of March 4, 1915 (16 

U.S.C. 497) for a marina on the Shasta-Trinity National Forest 

shall be deposited in a special account in the Treasury established 

for the Secretary of Agriculture, and shall remain available to 

the Secretary of Agriculture until expended, without further appropriation, for purposes stated in section 808(a)(3)(A–D) of title VIII 

of division J of Public Law 108–447 (16 U.S.C. 6807), and for 

direct operating or capital costs associated with the issuance of 

a marina permit. 

Termination 

date. 

Alaskan Natives. 


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121 STAT. 2150 PUBLIC LAW 110–161—DEC. 26, 2007 

SEC. 423. The Forest Service shall allocate to the Regions of the Forest Service, $15,000,000 from the current balance in 

the ‘‘timber roads purchaser election fund’’, to remain available 

until expended, for the following purposes: vegetative treatments 

in timber stands at high risk of fire due to insect, disease, or 

drought; road work in support of vegetative treatments to support 

forest health objectives; and maintaining infrastructure for the processing of woody fiber in Regions where it is critical to sustaining 

local economies and fulfilling the forest health objectives of the 

Forest Service. 

SEC. 424. (a) LAND SALE AUTHORIZATION.—To offset the acreage 

acquired by the Federal Government upon the acquisition of the 

Elkhorn Ranch in Medora, North Dakota, the Secretary of Agriculture (in this section referred to as the ‘‘Secretary’’) shall sell 

all right, title, and interest of the United States to between 5,195 

or 5,205 acres of National Forest System lands located in Billings 

County, North Dakota. It is the intent of Congress that there 

will be no net gain in federally owned land in North Dakota as 

a result of these land conveyances. 

(b) LAND SALES.—The Secretary may prescribe reservations, 

terms, and conditions of sale under this section, and may configure 

the descriptions of the land to be sold under this section to enhance 

the marketability of the land or for management purposes. The 

Secretary may utilize brokers or other third parties in the sale 

of land and, from the proceeds of the sale, may pay reasonable 

commissions or fees for services rendered. 

(c) CONSIDERATION.—As consideration for the purchase of land 

sold under this section, the purchaser shall pay to the Secretary 

an amount, in cash, equal to the fair market value of the land, 

as determined by the Secretary by appraisal or competitive sale 

consistent with Federal law applicable to land sales. The Secretary 

may reject any offer made under this section if the Secretary 

determines, in the absolute discretion of the Secretary, that the 

offer is not adequate or not in the public interest. 

(d) INITIAL OFFER.—Under such terms, conditions, and procedures as the Secretary may prescribe, any base property landowner 

holding a current permit to graze any land authorized for sale 

under this section shall have a non-assignable first right to buy 

the land, provided that right must be exercised within 6 months 

after the date of the offer from the Secretary. 

(e) TREATMENT OF PROCEEDS.—Using the proceeds from the 

sale of land under this section, the Secretary shall cover direct 

expenses incurred by the Secretary in conducting the sale. Any 

remaining proceeds shall be deposited into the fund established 

by the Act of December 4, 1967 (commonly known as the Sisk 

Act; 16 U.S.C. 484a), and shall be available, until expended, for 

the acquisition of land for inclusion in the National Forest System. 

(f) LAND TRANSFERS.—The lands are to be conveyed from fiscal 

years 2008 to 2009. In the conveyance of any land authorized 

by this section, the Secretary shall not be required to conduct 

additional environmental analysis, including heritage resource analysis, and no sale, offer to sell, or conveyance shall be subject 

to administrative appeal. 

(g) ELKHORN RANCH.—The grazing land lease terms in effect 

on the date of the enactment of this Act relating to the acquired 

Elkhorn Ranch in Medora, North Dakota, shall remain in effect 

until December 31, 2009. After that date, Federal land grazing 

North Dakota. 


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PUBLIC LAW 110–161—DEC. 26, 2007 121 STAT. 2151 

use of the Elkhorn Ranch shall be managed through the grazing 

agreement between the Medora Grazing Association and the Forest 

Service. The Animal Unit Months (AUMs) for both Federal and 

private lands encompassing the Elkhorn Ranch shall become part 

of the grazing agreement held by Medora Grazing Association to 

be reallocated to its members in accordance with their rules in 

effect as of the date of the enactment of this Act. 

(h) The multiple uses of the acquired Elkhorn Ranch shall 

continue. 

SEC. 425. In fiscal year 2008 and thereafter, the Forest Service 

shall not change the eligibility requirements for base property, 

and livestock ownership as they relate to leasing of base property 

and shared livestock agreements for grazing permits on the Dakota 

Prairie Grasslands that were in effect as of July 18, 2005. 

SEC. 426. The Arts and Artifacts Indemnity Act (Public Law 

94–158) is amended— 

(1) in section 3(a) by striking ‘‘(B) the exhibition of which 

is’’ and inserting in lieu thereof ‘‘(B) in the case of international 

exhibitions,’’; and 

(2) in section 5(b), by inserting before the period ‘‘for inter- national exhibitions, and $5,000,000,000 at any one time for 

domestic exhibitions’’; and 

(3) in section 5(c), by inserting before the period ‘‘for inter- national exhibitions, or $750,000,000 for domestic exhibitions’’. 

SEC. 427. In accordance with authorities available in section 

428, of Public Law 109–54, the Secretary of Agriculture and the 

Secretary of the Interior shall execute an agreement that transfers 

management and oversight of the Great Onyx, Harper’s Ferry, 

and Oconaluftee Job Corps Centers to the Forest Service. These 

Job Corps centers shall continue to be administered as described 

in section 147(c) of Public Law 105–220, Workforce Investment 

Act of 1998. 

SEC. 428. The United States Department of Agriculture, Forest 

Service shall seek to collaborate with stakeholders or parties in 

Sierra Forest Legacy, et al v. Weingardt, et al, Civil No. C 07– 

001654 (E.D. Cal.), and Sierra Club, et al v. Bosworth, et al, 

Civil No. C 05–00397 (N.D. Cal.), regarding harvest operations 

outside of the Giant Sequoia National Monument in relation to 

the decisions approving the Revised Ice Timber Sale and Fuels 

Reduction Project and the Frog Project, and taking into account 

the terms of the contracts for those projects, and in relation to 

the Record of Decision for the Kings River Project, and as appropriate in regard to other disputed fuel reduction projects in the 

area. 

SEC. 429. (a) IN GENERAL.—Section 636 of division A of the 

Treasury, Postal Service, and General Government Appropriations 

Act, 1997 (5 U.S.C. prec. 5941 note; Public Law 104–208), is 

amended— 

(1) in subsection (b)— 

(A) in paragraph (1), by striking ‘‘or’’; 

(B) in paragraph (2), by striking the period and 

inserting ‘‘; or’’; and 

(C) by adding at the end the following: 

‘‘(3) a temporary fire line manager.’’; and 

(2) in subsection (c)— 

(A) in paragraph (3), by striking ‘‘, and’’ and inserting 

a semicolon; 

Administrative 

transfers. 

20 USC 974. 

20 USC 972. 


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121 STAT. 2152 PUBLIC LAW 110–161—DEC. 26, 2007 

(B) in paragraph (4)(B), by striking the period at the 

end and inserting ‘‘; and’’; and 

(C) by adding at the end the following: 

‘‘(5) notwithstanding the definition of the terms ‘supervisor’ 

and ‘management official’ under section 7103(a) of title 5, 

United States Code, the term ‘temporary fire line manager’ 

means an employee of the Forest Service or the Department 

of the Interior, whose duties include, as determined by the 

employing agency— 

‘‘(A) temporary supervision or management of personnel engaged in wildland or managed fire activities; 

‘‘(B) providing analysis or information that affects a 

decision by a supervisor or manager about a wildland or 

managed fire; or 

(C) directing the deployment of equipment for a 

wildland or managed fire.’’. 

(b) EFFECTIVE DATE.—The amendment made by subsection (a) 

shall take effect on the date of enactment of this Act. 

SEC. 430. GLOBAL CLIMATE CHANGE. (a) The Congress finds 

that— 

(1) greenhouse gases accumulating in the atmosphere are 

causing average temperatures to rise at a rate outside the 

range of natural variability and are posing a substantial risk 

of rising sea-levels, altered patterns of atmospheric and oceanic 

circulation, and increased frequency and severity of floods, 

droughts, and wildfires; 

(2) there is a growing scientific consensus that human 

activity is a substantial cause of greenhouse gas accumulation 

in the atmosphere; and 

(3) mandatory steps will be required to slow or stop the 

growth of greenhouse gas emissions into the atmosphere. 

(b) It is the sense of the Congress that there should be enacted 

a comprehensive and effective national program of mandatory, 

market-based limits and incentives on emissions of greenhouse 

gases that slow, stop, and reverse the growth of such emissions 

at a rate and in a manner that: (1) will not significantly harm 

the United States economy; and (2) will encourage comparable 

action by other nations that are major trading partners and key 

contributors to global emissions. 

SEC. 431. None of the funds made available in this Act may 

be used to purchase light bulbs unless the light bulbs have the 

‘‘ENERGY STAR’’ or ‘‘Federal Energy Management Program’’ designation, except in instances where the agency determines that 

ENERGY STAR or FEMP designated light bulbs are not costeffective over the life of the light bulbs or are not reasonably 

available to meet the functional requirements of the agency. 

SEC. 432. None of the funds made available under this Act 

may be used to promulgate or implement the Environmental Protection Agency proposed regulations published in the Federal Register 

on January 3, 2007 (72 Fed. Reg. 69). 

SEC. 433. None of the funds made available by this Act shall 

be used to prepare or publish final regulations regarding a commercial leasing program for oil shale resources on public lands pursuant 

to section 369(d) of the Energy Policy Act of 2005 (Public Law 

109–58) or to conduct an oil shale lease sale pursuant to subsection 

369(e) of such Act. 

5 USC note prec. 

5941. 


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PUBLIC LAW 110–161—DEC. 26, 2007 121 STAT. 2153 

SEC. 434. Section 401 of the Herger-Feinstein Quincy Library 

Group Forest Recovery Act, Public Law 105–277, division A, section 

101(e) (title IV), 112 Stat. 2681–305, is amended— 

(1) In section (g) by striking ‘‘until’’ and all that follows 

and inserting ‘‘until September 30, 2012.’’; 

(2) By striking subsection (i) and inserting the following: 

‘‘By June 1, 2008, the Forest Service shall initiate a collaborative process with the Plaintiffs in Sierra Nevada Forest Prot. 

Campaign v. Rey, Case No. CIV–S–05–0205 MCE/GGH (E.D. 

Cal.), appeal docketed sub nom. Sierra Forest Legacy v. Rey, 

No. 07–16892 (9th Cir. Oct. 23, 2007) and the Quincy Library 

Group to determine whether modifications to the Pilot Project 

are appropriate for the remainder of the Pilot Project.’’; and 

(3) By adding at the end the following: 

‘‘(m) Sections 104–106 of Public Law 108–148 shall apply to 

projects authorized by this Act.’’. 

SEC. 435. In addition to the amounts otherwise provided to 

the Environmental Protection Agency in this Act, $8,000,000, to 

remain available until expended, is provided to EPA to be transferred to the Department of the Navy for clean-up activities at 

the Treasure Island Naval Station—Hunters Point Annex. 

SEC. 436. In addition to amounts provided to the Environmental 

Protection Agency in this Act, the Oklahoma Department of 

Environmental Quality is provided the amount of $3,000,000 for 

a grant to the Oklahoma Department of Environmental Quality 

for ongoing relocation assistance as administered by the Lead 

Impacted Communities Relocation Assistance Trust and as conducted consistent with the use of prior unexpended funding for 

relocation assistance, including buy outs of properties, in accordance 

with section 2301 of Public Law 109–234 (120 Stat. 455–466). 

SEC. 437. (a) ACROSS-THE-BOARD RESCISSIONS.—There is hereby 

rescinded an amount equal to 1.56 percent of the budget authority 

provided for fiscal year 2008 for any discretionary appropriation 

in titles I through IV of this Act. 

(b) PROPORTIONATE APPLICATION.—Any rescission made by subsection (a) shall be applied proportionately— 

(1) to each discretionary account and each item of budget 

authority described in subsection (a); and 

(2) within each such account and item, to each program, 

project, and activity (with programs, projects, and activities 

as delineated in the appropriation Act or accompanying reports 

for the relevant fiscal year covering such account or item, 

or for accounts and items not included in appropriation Acts, 

as delineated in the most recently submitted President’s 

budget). 

(c) INDIAN LAND AND WATER CLAIM SETTLEMENTS.—Under the 

heading ‘‘Bureau of Indian Affairs, Indian Land and Water Claim 

Settlements and Miscellaneous Payments to Indians’’, the acrossthe-board rescission in this section, and any subsequent acrossthe-board rescission for fiscal year 2008, shall apply only to the 

first dollar amount in the paragraph and the distribution of the 

rescission shall be at the discretion of the Secretary of the Interior 

who shall submit a report on such distribution and the rationale 

therefor to the House and Senate Committees on Appropriations. 

(d) OMB REPORT.—Within 30 days after the date of the enactment of this section the Director of the Office of Management 

and Budget shall submit to the Committees on Appropriations 

Applicability. 

Reports. 

Applicability. 

16 USC 2104 

note. 


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121 STAT. 2154 PUBLIC LAW 110–161—DEC. 26, 2007 

of the House of Representatives and the Senate a report specifying 

the account and amount of each rescission made pursuant to this 

section. 

TITLE V 

WILDFIRE SUPPRESSION EMERGENCY APPROPRIATIONS 

DEPARTMENT OF THE INTERIOR 

BUREAU OF LAND MANAGEMENT

WILDLAND FIRE MANAGEMENT

(INCLUDING TRANSFERS OF FUNDS) 

For an additional amount for ‘‘Wildland Fire Management’’, 

$78,000,000, to remain available until expended, for urgent wildland 

fire suppression activities: Provided, That such funds shall only 

become available if funds previously provided for wildland fire 

suppression will be exhausted imminently and the Secretary of 

the Interior notifies the House and Senate Committees on Appropriations in writing of the need for these additional funds: Provided 

further, That such funds are also available for repayment to other 

appropriations accounts from which funds were transferred for wildfire suppression: Provided further, That the amount provided by 

this paragraph is designated as described in section 5 (in the 

matter preceding division A of this consolidated Act). 

DEPARTMENT OF AGRICULTURE 

FOREST SERVICE

WILDLAND FIRE MANAGEMENT

(INCLUDING TRANSFERS OF FUNDS) 

For an additional amount for ‘‘Wildland Fire Management’’, 

$222,000,000, to remain available until expended, for urgent 

wildland fire suppression activities: Provided, That such funds shall 

only become available if funds provided previously for wildland 

fire suppression will be exhausted imminently and the Secretary 

of Agriculture notifies the House and Senate Committees on Appropriations in writing of the need for these additional funds: Provided 

further, That such funds are also available for repayment to other 

appropriation accounts from which funds were transferred for wildfire suppression: Provided further, That the amount provided by 

this paragraph is designated as described in section 5 (in the 

matter preceding division A of this consolidated Act). 

This division may be cited as the ‘‘Department of the Interior, 

Environment, and Related Agencies Appropriations Act, 2008’’. 

Notification. 

Notification. 


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PUBLIC LAW 110–161—DEC. 26, 2007 121 STAT. 2155 

DIVISION G—DEPARTMENTS OF LABOR, HEALTH AND 

HUMAN SERVICES, AND EDUCATION, AND RELATED 

AGENCIES APPROPRIATIONS ACT, 2008 

TITLE I 

DEPARTMENT OF LABOR 

EMPLOYMENT AND TRAINING ADMINISTRATION

TRAINING AND EMPLOYMENT SERVICES

(INCLUDING RESCISSIONS) 

For necessary expenses of the Workforce Investment Act of 

1998 (‘‘WIA’’), the Denali Commission Act of 1998, and the Women 

in Apprenticeship and Non-Traditional Occupations Act of 1992, 

including the purchase and hire of passenger motor vehicles, the 

construction, alteration, and repair of buildings and other facilities, 

and the purchase of real property for training centers as authorized 

by the WIA; $3,608,349,000, plus reimbursements, is available. 

Of the amounts provided: 

(1) for grants to States for adult employment and training 

activities, youth activities, and dislocated worker employment 

and training activities, $2,994,510,000 as follows: (A) $864,199,000 for adult employment and training activities, of which $152,199,000 shall be available for the 

period July 1, 2008 to June 30, 2009, and of which 

$712,000,000 shall be available for the period October 1, 

2008 through June 30, 2009; 

(B) $940,500,000 for youth activities, which shall be 

available for the period April 1, 2008 through June 30, 

2009; and 

(C) $1,189,811,000 for dislocated worker employment 

and training activities, of which $341,811,000 shall be 

available for the period July 1, 2008 through June 30, 

2009, and of which $848,000,000 shall be available for 

the period October 1, 2008 through June 30, 2009: 

Provided, That notwithstanding the transfer limitation under 

section 133(b)(4) of the WIA, up to 30 percent of such funds 

may be transferred by a local board if approved by the Governor; 

(2) for federally administered programs, $477,873,000 as 

follows: 

(A) $282,092,000 for the dislocated workers assistance 

national reserve, of which $6,300,000 shall be available 

on October 1, 2007, of which $63,792,000 shall be available 

for the period July 1, 2008 through June 30, 2009, and 

of which $212,000,000 shall be available for the period 

October 1, 2008 through June 30, 2009: Provided, That 

up to $125,000,000 may be made available for CommunityBased Job Training grants from funds reserved under section 132(a)(2)(A) of the WIA and shall be used to carry 

out such grants under section 171(d) of such Act, except 

that the 10 percent limitation otherwise applicable to the 

amount of funds that may be used to carry out section 

171(d) shall not be applicable to funds used for CommunityBased Job Training grants: Provided further, That funds 

Departments of 

Labor, Health 

and Human 

Services, and 

Education, and 

Related Agencies 

Appropriations 

Act, 2008. 

Department of 

Labor 

Appropriations 

Act, 2008. 


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provided to carry out section 132(a)(2)(A) of the WIA may 

be used to provide assistance to a State for State-wide 

or local use in order to address cases where there have 

been worker dislocations across multiple sectors or across 

multiple local areas and such workers remain dislocated; 

coordinate the State workforce development plan with 

emerging economic development needs; and train such 

eligible dislocated workers: Provided further, That funds 

provided to carry out section 171(d) of the WIA may be 

used for demonstration projects that provide assistance 

to new entrants in the workforce and incumbent workers: 

Provided further, That $2,600,000 shall be for a noncompetitive grant to the National Center on Education 

and the Economy, which shall be awarded not later than 

30 days after the date of enactment of this Act: Provided 

further, That $1,500,000 shall be for a non-competitive 

grant to the AFL–CIO Working for America Institute, 

which shall be awarded not later than 30 days after the 

date of enactment of this Act: Provided further, That 

$2,200,000 shall be for a non-competitive grant to the AFL– 

CIO Appalachian Council, Incorporated, for Job Corps 

career transition services, which shall be awarded not later 

than 30 days after the date of enactment of this Act; 

(B) $53,696,000 for Native American programs, which 

shall be available for the period July 1, 2008 through 

June 30, 2009; 

(C) $81,085,000 for migrant and seasonal farmworker 

programs under section 167 of the WIA, including 

$75,610,000 for formula grants (of which not less that 

70 percent shall be for employment and training services), 

$4,975,000 for migrant and seasonal housing (of which 

not less than 70 percent shall be for permanent housing), 

and $500,000 for other discretionary purposes, which shall 

be available for the period July 1, 2008 through June 

30, 2009: Provided, That, notwithstanding any other provision of law or related regulation, the Department shall 

take no action limiting the number or proportion of eligible 

participants receiving related assistance services or 

discouraging grantees from providing such services; 

(D) $1,000,000 for carrying out the Women in 

Apprenticeship and Nontraditional Occupations Act, which 

shall be available for the period July 1, 2008 through 

June 30, 2009; and 

(E) $60,000,000 for YouthBuild activities as described 

in section 173A of the WIA, which shall be available for 

the period April 1, 2008 through June 30, 2009; 

(3) for national activities, $135,966,000, which shall be 

available for the period July 1, 2008 through July 30, 2009 

as follows: 

(A) $49,370,000 for Pilots, Demonstrations, and 

Research, of which $5,000,000 shall be for grants to address 

the employment and training needs of young parents (notwithstanding the requirements of section 171(b)(2)(B) or 

171(c)(4)(D) of the WIA): Provided, That funding provided 

to carry out projects under section 171 of the WIA that 

are identified in the explanatory statement described in 

Deadline. 

Deadline. 

Deadline. 


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section 4 (in the matter preceding division A of this consolidated Act), shall not be subject to the requirements of 

sections 171(b)(2)(B) and 171(c)(4)(D) of the WIA, the joint 

funding requirements of sections 171(b)(2)(A) and 

171(c)(4)(A) of the WIA, or any time limit requirements 

of sections 171(b)(2)(C) and 171(c)(4)(B) of the WIA; 

(B) $74,800,000 for ex-offender activities, under the 

authority of section 171 of the Act, notwithstanding the 

requirements of section 171(b)(2)(B) or 171(c)(4)(D), of 

which not less than $55,000,000 shall be for youthful 

offender activities: Provided, That $50,000,000 shall be 

available from program year 2007 and program year 2008 

funds for competitive grants to local educational agencies 

or community-based organizations to develop and implement mentoring strategies that integrate educational and 

employment interventions designed to prevent youth 

violence in schools identified as persistently dangerous 

under section 9532 of the Elementary and Secondary Education Act; 

(C) $4,921,000 for Evaluation under section 172 of 

the WIA; and 

(D) $6,875,000 for the Denali Commission, which shall 

be available for the period July 1, 2008 through June 

30, 2009. 

Of the amounts made available under this heading in Public 

Law 107–116 to carry out the activities of the National Skills 

Standards Board, $44,000 are rescinded. 

Of the unexpended balances remaining from funds appropriated 

to the Department of Labor under this heading for fiscal years 

2005 and 2006 to carry out the Youth, Adult and Dislocated Worker 

formula programs under the Workforce Investment Act, 

$250,000,000 are rescinded: Provided, That the Secretary of Labor 

may, upon the request of a State, apply any portion of the State’s 

share of this rescission to funds otherwise available to the State 

for such programs during program year 2007: Provided further, 

That notwithstanding any provision of such Act, the Secretary 

may waive such requirements as may be necessary to carry out 

the instructions relating to this rescission in House Report 110– 

424. 

COMMUNITY SERVICE EMPLOYMENT FOR OLDER AMERICANS

To carry out title V of the Older Americans Act of 1965, $530,900,000, which shall be available for the period July 1, 2008 

through June 30, 2009. 

FEDERAL UNEMPLOYMENT BENEFITS AND ALLOWANCES

For payments during fiscal year 2008 of trade adjustment benefit payments and allowances under part I of subchapter B of 

chapter 2 of title II of the Trade Act of 1974, and section 246 

of that Act; and for training, allowances for job search and relocation, and related State administrative expenses under part II of 

subchapter B of chapter 2 of title II of the Trade Act of 1974, 

$888,700,000, together with such amounts as may be necessary 

to be charged to the subsequent appropriation for payments for 

any period subsequent to September 15, 2008. 


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STATE UNEMPLOYMENT INSURANCE AND EMPLOYMENT SERVICE

OPERATIONS

For authorized administrative expenses, $90,517,000, together 

with not to exceed $3,233,436,000 which may be expended from 

the Employment Security Administration Account in the Unemployment Trust Fund (‘‘the Trust Fund’’), of which: 

(1) $2,497,770,000 from the Trust Fund is for grants to 

States for the administration of State unemployment insurance 

laws as authorized under title III of the Social Security Act, 

the administration of unemployment insurance for Federal 

employees and for ex-service members as authorized under 

sections 8501–8523 of title 5, United States Code, and the 

administration of trade readjustment allowances and alternative trade adjustment assistance under the Trade Act of 

1974, and shall be available for obligation by the States through 

December 31, 2008, except that funds used for automation 

acquisitions shall be available for obligation by the States 

through September 30, 2010, and funds used for unemployment 

insurance workloads experienced by the States through September 30, 2008 shall be available for Federal obligation 

through December 31, 2008. 

(2) $9,900,000 from the Trust Fund is for national activities 

necessary to support the administration of the Federal-State 

unemployment insurance system. 

(3) $693,000,000 from the Trust Fund, together with 

$22,883,000 from the General Fund of the Treasury, is for 

grants to States in accordance with section 6 of the WagnerPeyser Act, and shall be available for Federal obligation for 

the period July 1, 2008 through June 30, 2009. 

(4) $32,766,000 from the Trust Fund is for national activities of the Employment Service, including administration of 

the work opportunity tax credit under section 51 of the Internal 

Revenue Code of 1986, the administration of activities, 

including foreign labor certifications, under the Immigration 

and Nationality Act, and the provision of technical assistance 

and staff training under the Wagner-Peyser Act, including not 

to exceed $1,228,000 that may be used for amortization payments to States which had independent retirement plans in 

their State employment service agencies prior to 1980. 

(5) $52,985,000 from the General Fund is to provide 

workforce information, national electronic tools, and one-stop 

system building under the Wagner-Peyser Act and shall be 

available for Federal obligation for the period July 1, 2008 

through June 30, 2009. 

(6) $14,649,000 from the General Fund is to provide for 

work incentive grants to the States and shall be available 

for the period July 1, 2008 through June 30, 2009: 

Provided, That to the extent that the Average Weekly Insured 

Unemployment (‘‘AWIU’’) for fiscal year 2008 is projected by the 

Department of Labor to exceed 2,786,000, an additional $28,600,000 

from the Trust Fund shall be available for obligation for every 

100,000 increase in the AWIU level (including a pro rata amount 

for any increment less than 100,000) to carry out title III of the 

Social Security Act: Provided further, That funds appropriated in 

this Act that are allotted to a State to carry out activities under 

title III of the Social Security Act may be used by such State 


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to assist other States in carrying out activities under such title 

III if the other States include areas that have suffered a major 

disaster declared by the President under the Robert T. Stafford 

Disaster Relief and Emergency Assistance Act: Provided further, 

That the Secretary of Labor may use funds appropriated for grants 

to States under title III of the Social Security Act to make payments 

on behalf of States for the use of the National Directory of New 

Hires under section 453(j)(8) of such Act: Provided further, That 

funds appropriated in this Act which are used to establish a national 

one-stop career center system, or which are used to support the 

national activities of the Federal-State unemployment insurance 

or immigration programs, may be obligated in contracts, grants, 

or agreements with non-State entities: Provided further, That funds 

appropriated under this Act for activities authorized under title 

III of the Social Security Act and the Wagner-Peyser Act may 

be used by States to fund integrated Unemployment Insurance 

and Employment Service automation efforts, notwithstanding cost 

allocation principles prescribed under the Office of Management 

and Budget Circular A–87. 

ADVANCES TO THE UNEMPLOYMENT TRUST FUND AND OTHER FUNDS

For repayable advances to the Unemployment Trust Fund as 

authorized by sections 905(d) and 1203 of the Social Security Act, 

and to the Black Lung Disability Trust Fund as authorized by 

section 9501(c)(1) of the Internal Revenue Code of 1954; and for 

nonrepayable advances to the Unemployment Trust Fund as authorized by section 8509 of title 5, United States Code, and to the 

‘‘Federal unemployment benefits and allowances’’ account, to remain 

available until September 30, 2009, $437,000,000. 

In addition, for making repayable advances to the Black Lung 

Disability Trust Fund in the current fiscal year after September 

15, 2008, for costs incurred by the Black Lung Disability Trust 

Fund in the current fiscal year, such sums as may be necessary. 

PROGRAM ADMINISTRATION

For expenses of administering employment and training programs, $88,451,000, together with not to exceed $86,936,000, which 

may be expended from the Employment Security Administration 

Account in the Unemployment Trust Fund. 

EMPLOYEE BENEFITS SECURITY ADMINISTRATION

SALARIES AND EXPENSES

For necessary expenses for the Employee Benefits Security Administration, $141,790,000. 

PENSION BENEFIT GUARANTY CORPORATION

PENSION BENEFIT GUARANTY CORPORATION FUND

The Pension Benefit Guaranty Corporation is authorized to 

make such expenditures, including financial assistance authorized 

by subtitle E of title IV of the Employee Retirement Income Security 

Act of 1974 (29 U.S.C. 4201 et seq.), within limits of funds and 

borrowing authority available to such Corporation, and in accord 

with law, and to make such contracts and commitments without 


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regard to fiscal year limitations as provided by section 104 of 

the Government Corporation Control Act (31 U.S.C. 9104), as may 

be necessary in carrying out the program, including associated 

administrative expenses, through September 30, 2008, for such 

Corporation: Provided, That none of the funds available to the 

Corporation for fiscal year 2008 shall be available for obligations 

for administrative expenses in excess of $411,151,000: Provided 

further, That to the extent that the number of new plan participants 

in plans terminated by the Corporation exceeds 100,000 in fiscal 

year 2008, an amount not to exceed an additional $9,200,000 shall 

be available for obligation for administrative expenses for every 

20,000 additional terminated participants: Provided further, That 

an additional $50,000 shall be made available for obligation for 

investment management fees for every $25,000,000 in assets 

received by the Corporation as a result of new plan terminations, 

after approval by the Office of Management and Budget and 

notification of the Committees on Appropriations of the House of 

Representatives and the Senate. 

EMPLOYMENT STANDARDS ADMINISTRATION

SALARIES AND EXPENSES

(INCLUDING RESCISSION) 

For necessary expenses for the Employment Standards 

Administration, including reimbursement to State, Federal, and 

local agencies and their employees for inspection services rendered, 

$426,351,000, together with $2,058,000 which may be expended 

from the Special Fund in accordance with sections 39(c), 44(d), 

and 44(j) of the Longshore and Harbor Workers’ Compensation 

Act: Provided, That the Secretary of Labor is authorized to establish 

and, in accordance with 31 U.S.C. 3302, collect and deposit in 

the Treasury fees for processing applications and issuing certificates 

under sections 11(d) and 14 of the Fair Labor Standards Act of 

1938 and for processing applications and issuing registrations under 

title I of the Migrant and Seasonal Agricultural Worker Protection 

Act. 

Of the unobligated funds collected pursuant to section 286(v) 

of the Immigration and Nationality Act, $102,000,000 are rescinded. 

SPECIAL BENEFITS

(INCLUDING TRANSFER OF FUNDS) 

For the payment of compensation, benefits, and expenses 

(except administrative expenses) accruing during the current or 

any prior fiscal year authorized by chapter 81 of title 5, United 

States Code; continuation of benefits as provided for under the 

heading ‘‘Civilian War Benefits’’ in the Federal Security Agency 

Appropriation Act, 1947; the Employees’ Compensation Commission 

Appropriation Act, 1944; sections 4(c) and 5(f) of the War Claims 

Act of 1948; and 50 percent of the additional compensation and 

benefits required by section 10(h) of the Longshore and Harbor 

Workers’ Compensation Act, $203,000,000, together with such 

amounts as may be necessary to be charged to the subsequent 

year appropriation for the payment of compensation and other 

benefits for any period subsequent to August 15 of the current 

Notification. 


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year: Provided, That amounts appropriated may be used under 

section 8104 of title 5, United States Code, by the Secretary of 

Labor to reimburse an employer, who is not the employer at the 

time of injury, for portions of the salary of a reemployed, disabled 

beneficiary: Provided further, That balances of reimbursements 

unobligated on September 30, 2007, shall remain available until 

expended for the payment of compensation, benefits, and expenses: 

Provided further, That in addition there shall be transferred to 

this appropriation from the Postal Service and from any other 

corporation or instrumentality required under section 8147(c) of 

title 5, United States Code, to pay an amount for its fair share 

of the cost of administration, such sums as the Secretary determines 

to be the cost of administration for employees of such fair share 

entities through September 30, 2008: Provided further, That of 

those funds transferred to this account from the fair share entities 

to pay the cost of administration of the Federal Employees’ Compensation Act, $52,280,000 shall be made available to the Secretary 

as follows: 

(1) For enhancement and maintenance of automated data 

processing systems and telecommunications systems, 

$21,855,000. 

(2) For automated workload processing operations, 

including document imaging, centralized mail intake and medical bill processing, $16,109,000. 

(3) For periodic roll management and medical review, 

$14,316,000. 

(4) The remaining funds shall be paid into the Treasury 

as miscellaneous receipts: 

Provided further, That the Secretary may require that any person 

filing a notice of injury or a claim for benefits under chapter 

81 of title 5, United States Code, or the Longshore and Harbor 

Workers’ Compensation Act, provide as part of such notice and 

claim, such identifying information (including Social Security 

account number) as such regulations may prescribe. 

SPECIAL BENEFITS FOR DISABLED COAL MINERS

For carrying out title IV of the Federal Mine Safety and Health 

Act of 1977, as amended by Public Law 107–275, $208,221,000, 

to remain available until expended. 

For making after July 31 of the current fiscal year, benefit 

payments to individuals under title IV of such Act, for costs incurred 

in the current fiscal year, such amounts as may be necessary. 

For making benefit payments under title IV for the first quarter 

of fiscal year 2009, $62,000,000, to remain available until expended. 

ADMINISTRATIVE EXPENSES, ENERGY EMPLOYEES OCCUPATIONAL

ILLNESS COMPENSATION FUND

(INCLUDING TRANSFER OF FUNDS) 

For necessary expenses to administer the Energy Employees Occupational Illness Compensation Program Act, $104,745,000, to 

remain available until expended: Provided, That the Secretary of 

Labor is authorized to transfer to any executive agency with 

authority under the Energy Employees Occupational Illness Compensation Program Act, including within the Department of Labor, 

such sums as may be necessary in fiscal year 2008 to carry out 


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those authorities: Provided further, That the Secretary may require 

that any person filing a claim for benefits under the Act provide 

as part of such claim, such identifying information (including Social 

Security account number) as may be prescribed: Provided further, 

That not later than 30 days after enactment of this Act, in addition 

to other sums transferred by the Secretary to the National Institute 

for Occupational Safety and Health (‘‘NIOSH’’) for the administration of the Energy Employees Occupational Illness Compensation 

Program (‘‘EEOICP’’), the Secretary shall transfer $4,500,000 to 

NIOSH from the funds appropriated to the Energy Employees 

Occupational Illness Compensation Fund, for use by or in support 

of the Advisory Board on Radiation and Worker Health (‘‘the Board’’) 

to carry out its statutory responsibilities under the EEOICP, 

including obtaining audits, technical assistance and other support 

from the Board’s audit contractor with regard to radiation dose 

estimation and reconstruction efforts, site profiles, procedures, and 

review of Special Exposure Cohort petitions and evaluation reports. 

BLACK LUNG DISABILITY TRUST FUND

(INCLUDING TRANSFER OF FUNDS) 

In fiscal year 2008 and thereafter, such sums as may be necessary from the Black Lung Disability Trust Fund, to remain available until expended, for payment of all benefits authorized by 

section 9501(d)(1), (2), (4), and (7) of the Internal Revenue Code 

of 1954; and interest on advances, as authorized by section 

9501(c)(2) of that Act. In addition, the following amounts shall 

be available from the Fund for fiscal year 2008 for expenses of 

operation and administration of the Black Lung Benefits program, 

as authorized by section 9501(d)(5): not to exceed $32,761,000 for 

transfer to the Employment Standards Administration ‘‘Salaries 

and Expenses’’; not to exceed $24,785,000 for transfer to Departmental Management, ‘‘Salaries and Expenses’’; not to exceed 

$335,000 for transfer to Departmental Management, ‘‘Office of 

Inspector General’’; and not to exceed $356,000 for payments into 

miscellaneous receipts for the expenses of the Department of the 

Treasury. 

OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION

SALARIES AND EXPENSES

For necessary expenses for the Occupational Safety and Health 

Administration, $494,641,000, including not to exceed $91,093,000 

which shall be the maximum amount available for grants to States 

under section 23(g) of the Occupational Safety and Health Act 

(the ‘‘Act’’), which grants shall be no less than 50 percent of the 

costs of State occupational safety and health programs required 

to be incurred under plans approved by the Secretary of Labor 

under section 18 of the Act; and, in addition, notwithstanding 

31 U.S.C. 3302, the Occupational Safety and Health Administration 

may retain up to $750,000 per fiscal year of training institute 

course tuition fees, otherwise authorized by law to be collected, 

and may utilize such sums for occupational safety and health 

training and education grants: Provided, That, notwithstanding 

31 U.S.C. 3302, the Secretary is authorized, during the fiscal year 

ending September 30, 2008, to collect and retain fees for services 

26 USC 9501 

note. 

Deadline. 


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provided to Nationally Recognized Testing Laboratories, and may 

utilize such sums, in accordance with the provisions of 29 U.S.C. 

9a, to administer national and international laboratory recognition 

programs that ensure the safety of equipment and products used 

by workers in the workplace: Provided further, That none of the 

funds appropriated under this paragraph shall be obligated or 

expended to prescribe, issue, administer, or enforce any standard, 

rule, regulation, or order under the Act which is applicable to 

any person who is engaged in a farming operation which does 

not maintain a temporary labor camp and employs 10 or fewer 

employees: Provided further, That no funds appropriated under 

this paragraph shall be obligated or expended to administer or 

enforce any standard, rule, regulation, or order under the Act 

with respect to any employer of 10 or fewer employees who is 

included within a category having a Days Away, Restricted, or 

Transferred (DART) occupational injury and illness rate, at the 

most precise industrial classification code for which such data are 

published, less than the national average rate as such rates are 

most recently published by the Secretary, acting through the Bureau 

of Labor Statistics, in accordance with section 24 of the Act, except— 

(1) to provide, as authorized by the Act, consultation, technical assistance, educational and training services, and to conduct surveys and studies; 

(2) to conduct an inspection or investigation in response 

to an employee complaint, to issue a citation for violations 

found during such inspection, and to assess a penalty for violations which are not corrected within a reasonable abatement 

period and for any willful violations found; 

(3) to take any action authorized by the Act with respect 

to imminent dangers; 

(4) to take any action authorized by the Act with respect 

to health hazards; 

(5) to take any action authorized by the Act with respect 

to a report of an employment accident which is fatal to one 

or more employees or which results in hospitalization of two 

or more employees, and to take any action pursuant to such 

investigation authorized by the Act; and 

(6) to take any action authorized by the Act with respect 

to complaints of discrimination against employees for exercising 

rights under the Act: 

Provided further, That the foregoing proviso shall not apply to 

any person who is engaged in a farming operation which does 

not maintain a temporary labor camp and employs 10 or fewer 

employees: Provided further, That $10,116,000 shall be available 

for Susan Harwood training grants, of which $3,200,000 shall be 

used for the Institutional Competency Building training grants 

which commenced in September 2000, for program activities for 

the period of October 1, 2007 to September 30, 2008, provided 

that a grantee has demonstrated satisfactory performance: Provided 

further, That such grants shall be awarded not later than 30 days 

after the date of enactment of this Act: Provided further, That 

the Secretary shall provide a report to the Committees on Appropriations of the House of Representatives and the Senate with 

timetables for the development and issuance of occupational safety 

and health standards on beryllium, silica, cranes and derricks, 

confined space entry in construction, and hazard communication 

Reports. 

Deadlines. 

Deadline. 

Small businesses. 

Farms and 

farming. 


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global harmonization; such timetables shall include actual or estimated dates for: the publication of an advance notice of proposed 

rulemaking, the commencement and completion of a Small Business 

Regulatory Enforcement Fairness Act review (if required), the 

completion of any peer review (if required), the submission of the 

draft proposed rule to the Office of Management and Budget for 

review under Executive Order No. 12866 (if required), the publication of a proposed rule, the conduct of public hearings, the submission of a draft final rule to the Office of Management and Budget 

for review under Executive Order No. 12866 (if required), and 

the issuance of a final rule; and such report shall be submitted 

to the Committees on Appropriations of the House of Representatives and the Senate within 90 days of the enactment of this 

Act, with updates provided every 90 days thereafter that shall 

include an explanation of the reasons for any delays in meeting 

the projected timetables for action. 

MINE SAFETY AND HEALTH ADMINISTRATION

SALARIES AND EXPENSES

For necessary expenses for the Mine Safety and Health 

Administration, $339,862,000, including purchase and bestowal of 

certificates and trophies in connection with mine rescue and firstaid work, and the hire of passenger motor vehicles, including up 

to $2,000,000 for mine rescue and recovery activities, $2,200,000 

for an award to the United Mine Workers of America, for classroom 

and simulated rescue training for mine rescue teams, and 

$1,184,000 for an award to the Wheeling Jesuit University, for 

the National Technology Transfer Center for a coal slurry impoundment project; in addition, not to exceed $750,000 may be collected 

by the National Mine Health and Safety Academy for room, board, 

tuition, and the sale of training materials, otherwise authorized 

by law to be collected, to be available for mine safety and health 

education and training activities, notwithstanding 31 U.S.C. 3302; 

and, in addition, the Mine Safety and Health Administration may 

retain up to $1,000,000 from fees collected for the approval and 

certification of equipment, materials, and explosives for use in 

mines, and may utilize such sums for such activities; the Secretary 

of Labor is authorized to accept lands, buildings, equipment, and 

other contributions from public and private sources and to prosecute 

projects in cooperation with other agencies, Federal, State, or private; the Mine Safety and Health Administration is authorized 

to promote health and safety education and training in the mining 

community through cooperative programs with States, industry, 

and safety associations; the Secretary is authorized to recognize 

the Joseph A. Holmes Safety Association as a principal safety 

association and, notwithstanding any other provision of law, may 

provide funds and, with or without reimbursement, personnel, 

including service of Mine Safety and Health Administration officials 

as officers in local chapters or in the national organization; and 

any funds available to the Department may be used, with the 

approval of the Secretary, to provide for the costs of mine rescue 

and survival operations in the event of a major disaster. 

30 USC 962. 


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BUREAU OF LABOR STATISTICS

SALARIES AND EXPENSES

For necessary expenses for the Bureau of Labor Statistics, 

including advances or reimbursements to State, Federal, and local 

agencies and their employees for services rendered, $476,861,000, 

together with not to exceed $77,067,000, which may be expended 

from the Employment Security Administration Account in the 

Unemployment Trust Fund, of which $5,000,000 may be used to 

fund the mass layoff statistics program under section 15 of the 

Wagner-Peyser Act: Provided, That the Current Employment 

Survey shall maintain the content of the survey issued prior to 

June 2005 with respect to the collection of data for the women 

worker series. 

OFFICE OF DISABILITY EMPLOYMENT POLICY

SALARIES AND EXPENSES

For necessary expenses for the Office of Disability Employment 

Policy to provide leadership, develop policy and initiatives, and 

award grants furthering the objective of eliminating barriers to 

the training and employment of people with disabilities, 

$27,712,000. 

DEPARTMENTAL MANAGEMENT

SALARIES AND EXPENSES

For necessary expenses for Departmental Management, 

including the hire of three sedans, and including the management 

or operation, through contracts, grants or other arrangements of 

Departmental activities conducted by or through the Bureau of 

International Labor Affairs, including bilateral and multilateral 

technical assistance and other international labor activities, 

$296,756,000, of which $82,516,000 is for the Bureau of International Labor Affairs (including $5,000,000 to implement model 

programs to address worker rights issues through technical assistance in countries with which the United States has trade preference 

programs), and of which $20,000,000 is for the acquisition of Departmental information technology, architecture, infrastructure, equipment, software and related needs, which will be allocated by the 

Department’s Chief Information Officer in accordance with the 

Department’s capital investment management process to assure 

a sound investment strategy; together with not to exceed $308,000, 

which may be expended from the Employment Security Administration Account in the Unemployment Trust Fund. 

OFFICE OF JOB CORPS

To carry out subtitle C of title I of the Workforce Investment 

Act of 1998, including Federal administrative expenses, the purchase and hire of passenger motor vehicles, the construction, alteration and repairs of buildings and other facilities, and the purchase 

of real property for training centers as authorized by the Workforce 

Investment Act; $1,626,855,000, plus reimbursements, as follows: 

(1) $1,485,357,000 for Job Corps Operations, of which 

$894,357,000 is available for obligation for the period July 

Survey. 


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1, 2008 through June 30, 2009 and of which $591,000,000 

is available for obligation for the period October 1, 2008 through 

June 30, 2009. 

(2) $112,920,000 for construction, rehabilitation and 

acquisition of Job Corps Centers, of which $12,920,000 is available for the period July 1, 2008 through June 30, 2011 and 

$100,000,000 is available for the period October 1, 2008 through 

June 30, 2011. 

(3) $28,578,000 for necessary expenses of the Office of 

Job Corps is available for obligation for the period October 

1, 2007 through September 30, 2008: 

Provided, That the Office of Job Corps shall have contracting 

authority: Provided further, That no funds from any other appropriation shall be used to provide meal services at or for Job Corps 

centers: Provided further, That none of the funds made available 

in this Act shall be used to reduce Job Corps total student training 

slots below the current level of 44,491 in program year 2008. 

VETERANS EMPLOYMENT AND TRAINING

Not to exceed $200,631,000 may be derived from the Employment Security Administration Account in the Unemployment Trust 

Fund to carry out the provisions of sections 4100–4113, 4211– 

4215, and 4321–4327 of title 38, United States Code, and Public 

Law 103–353, and which shall be available for obligation by the 

States through December 31, 2008, of which $1,984,000 is for the 

National Veterans’ Employment and Training Services Institute. 

To carry out the Homeless Veterans Reintegration Programs under 

section 5(a)(1) of the Homeless Veterans Comprehensive Assistance 

Act of 2001 and the Veterans Workforce Investment Programs 

under section 168 of the Workforce Investment Act, $31,522,000, 

of which $7,482,000 shall be available for obligation for the period 

July 1, 2008, through June 30, 2009. 

OFFICE OF INSPECTOR GENERAL

For salaries and expenses of the Office of Inspector General 

in carrying out the provisions of the Inspector General Act of 

1978, $70,072,000, together with not to exceed $5,641,000, which 

may be expended from the Employment Security Administration 

Account in the Unemployment Trust Fund. 

GENERAL PROVISIONS

SEC. 101. None of the funds appropriated in this Act for the 

Job Corps shall be used to pay the salary of an individual, either 

as direct costs or any proration as an indirect cost, at a rate 

in excess of Executive Level I. 

(TRANSFER OF FUNDS) 

SEC. 102. Not to exceed 1 percent of any discretionary funds 

(pursuant to the Balanced Budget and Emergency Deficit Control 

Act of 1985) which are appropriated for the current fiscal year 

for the Department of Labor in this Act may be transferred between 

a program, project, or activity, but no such program, project, or 

activity shall be increased by more than 3 percent by any such 

transfer: Provided, That the transfer authority granted by this 

section shall be available only to meet emergency needs and shall 


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PUBLIC LAW 110–161—DEC. 26, 2007 121 STAT. 2167 

not be used to create any new program or to fund any project 

or activity for which no funds are provided in this Act: Provided 

further, That the Committees on Appropriations of the House of 

Representatives and the Senate are notified at least 15 days in 

advance of any transfer. 

SEC. 103. In accordance with Executive Order No. 13126, none 

of the funds appropriated or otherwise made available pursuant 

to this Act shall be obligated or expended for the procurement 

of goods mined, produced, manufactured, or harvested or services 

rendered, whole or in part, by forced or indentured child labor 

in industries and host countries already identified by the United 

States Department of Labor prior to enactment of this Act. 

SEC. 104. After September 30, 2007, the Secretary of Labor 

shall issue a monthly transit subsidy of not less than the full 

amount (of not less than $110) that each of its employees of the 

National Capital Region is eligible to receive. 

SEC. 105. None of the funds appropriated in this title for 

grants under section 171 of the Workforce Investment Act of 1998 

may be obligated prior to the preparation and submission of a 

report by the Secretary of Labor to the Committees on Appropriations of the House of Representatives and the Senate detailing 

the planned uses of such funds. 

SEC. 106. There is authorized to be appropriated such sums 

as may be necessary to the Denali Commission through the Department of Labor to conduct job training of the local workforce where 

Denali Commission projects will be constructed. 

SEC. 107. None of the funds made available to the Department 

of Labor for grants under section 414(c) of the American Competitiveness and Workforce Improvement Act of 1998 may be used 

for any purpose other than training in the occupations and industries for which employers are using H–1B visas to hire foreign 

workers, and the related activities necessary to support such 

training: Provided, That the preceding limitation shall not apply 

to multi-year grants awarded prior to June 30, 2007. 

SEC. 108. None of the funds available in this Act or available 

to the Secretary of Labor from other sources for Community-Based 

Job Training grants and grants authorized under section 414(c) 

of the American Competitiveness and Workforce Improvement Act 

of 1998 shall be obligated for a grant awarded on a non-competitive 

basis. 

SEC. 109. The Secretary of Labor shall take no action to amend, 

through regulatory or administration action, the definition established in 20 CFR 667.220 for functions and activities under title 

I of the Workforce Investment Act of 1998, or to modify, through 

regulatory or administrative action, the procedure for redesignation 

of local areas as specified in subtitle B of title I of that Act (including 

applying the standards specified in section 116(a)(3)(B) of that 

Act, but notwithstanding the time limits specified in section 

116(a)(3)(B) of that Act), until such time as legislation reauthorizing 

the Act is enacted. Nothing in the preceding sentence shall permit 

or require the Secretary of Labor to withdraw approval for such 

redesignation from a State that received the approval not later 

than October 12, 2005, or to revise action taken or modify the 

redesignation procedure being used by the Secretary in order to 

complete such redesignation for a State that initiated the process 

of such redesignation by submitting any request for such redesignation not later than October 26, 2005. 

Reports. 

Transit subsidy. 

5 USC 7905 note. 

Notification. 

Deadline. 


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121 STAT. 2168 PUBLIC LAW 110–161—DEC. 26, 2007 

SEC. 110. None of the funds made available in this or any 

other Act shall be available to finalize or implement any proposed 

regulation under the Workforce Investment Act of 1998, WagnerPeyser Act of 1933, or the Trade Adjustment Assistance Reform 

Act of 2002 until such time as legislation reauthorizing the 

Workforce Investment Act of 1998 and the Trade Adjustment Assistance Reform Act of 2002 is enacted. 

SEC. 111. None of the funds available in this Act may be 

used to carry out a public-private competition or direct conversion 

under Office of Management and Budget Circular A–76 or any 

successor administrative regulation, directive or policy until 60 

days after the Government Accountability Office provides a report 

to the Committees on Appropriations of the House of Representatives and the Senate on the use of competitive sourcing at the 

Department of Labor. 

SEC. 112. (a) Not later than June 20, 2008, the Secretary 

of Labor shall propose regulations pursuant to section 303(y) of 

the Federal Mine Safety and Health Act of 1977, consistent with 

the recommendations of the Technical Study Panel established 

pursuant to section 11 of the Mine Improvement and New Emergency Response (MINER) Act (Public Law 109–236), to require 

that in any coal mine, regardless of the date on which it was 

opened, belt haulage entries not be used to ventilate active working 

places without prior approval from the Assistant Secretary. Further, 

a mine ventilation plan incorporating the use of air coursed through 

belt haulage entries to ventilate active working places shall not 

be approved until the Assistant Secretary has reviewed the elements 

of the plan related to the use of belt air and determined that 

the plan at all times affords at least the same measure of protection 

where belt haulage entries are not used to ventilate working places. 

The Secretary shall finalize the regulations not later than December 

31, 2008. 

(b) Not later than June 15, 2008, the Secretary of Labor shall 

propose regulations pursuant to section 315 of the Federal Coal 

Mine Health and Safety Act of 1969, consistent with the recommendations of the National Institute for Occupational Safety 

and Health pursuant to section 13 of the MINER Act (Public Law 

109–236), requiring rescue chambers, or facilities that afford at 

least the same measure of protection, in underground coal mines. 

The Secretary shall finalize the regulations not later than December 

31, 2008. 

SEC. 113. None of the funds appropriated in this Act under 

the heading ‘‘Employment and Training Administration’’ shall be 

used by a recipient or subrecipient of such funds to pay the salary 

and bonuses of an individual, either as direct costs or indirect 

costs, at a rate in excess of Executive Level II. This limitation 

shall not apply to vendors providing goods and services as defined 

in OMB Circular A–133. Where States are recipients of such funds, 

States may establish a lower limit for salaries and bonuses of 

those receiving salaries and bonuses from subrecipients of such 

funds, taking into account factors including the relative cost-ofliving in the State, the compensation levels for comparable State 

or local government employees, and the size of the organizations 

that administer Federal programs involved including Employment 

and Training Administration programs. 

SEC. 114. (a) In this section: 

30 USC 875 note. 

Deadlines. 

Regulations. 

30 USC 863 note. 

Deadline. 

Reports. 


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PUBLIC LAW 110–161—DEC. 26, 2007 121 STAT. 2169 

(1) The term ‘‘covered funds’’ means funds provided under 

section 173 of the Workforce Investment Act of 1998 (29 U.S.C. 

2918) to a State that submits an application under that section 

not earlier than May 4, 2007, for a national emergency grant 

to address the effects of the May 4, 2007, Greensburg, Kansas, 

tornado. 

(2) The term ‘‘professional municipal services’’ means services that are necessary to facilitate the recovery of Greensburg, 

Kansas, from that tornado, and necessary to plan for or provide 

basic management and administrative services, which may 

include— 

(A) the overall coordination of disaster recovery and 

humanitarian efforts, oversight, and enforcement of 

building code compliance, and coordination of health and 

safety response units; or 

(B) the delivery of humanitarian assistance to individuals affected by that tornado. 

(b) Covered funds may be used to provide temporary public 

sector employment and services authorized under section 173 of 

such Act to individuals affected by such tornado, including individuals who were unemployed on the date of the tornado, or who 

are without employment history, in addition to individuals who 

are eligible for disaster relief employment under section 173(d)(2) 

of such Act. 

(c) Covered funds may be used to provide professional municipal 

services for a period of not more than 24 months, by hiring or 

contracting with individuals or organizations (including individuals 

employed by contractors) that the State involved determines are 

necessary to provide professional municipal services. 

(d) Covered funds expended under this section may be spent 

on costs incurred not earlier than May 4, 2007. 

This title may be cited as the ‘‘Department of Labor Appropriations Act, 2008’’. 

TITLE II 

DEPARTMENT OF HEALTH AND HUMAN SERVICES 

HEALTH RESOURCES AND SERVICES ADMINISTRATION

HEALTH RESOURCES AND SERVICES

For carrying out titles II, III, IV, VII, VIII, X, XII, XIX, and 

XXVI of the Public Health Service Act, section 427(a) of the Federal 

Coal Mine Health and Safety Act, title V and sections 1128E, 

and 711, and 1820 of the Social Security Act, the Health Care 

Quality Improvement Act of 1986, the Native Hawaiian Health 

Care Act of 1988, the Cardiac Arrest Survival Act of 2000, and 

section 712 of the American Jobs Creation Act of 2004, 

$6,978,099,000, of which $309,889,000 shall be available for 

construction and renovation (including equipment) of health care 

and other facilities and other health-related activities specified in 

the explanatory statement described in section 4 (in the matter 

preceding division A of this consolidated Act), and of which 

$38,538,000 from general revenues, notwithstanding section 1820(j) 

of the Social Security Act, shall be available for carrying out the 

Medicare rural hospital flexibility grants program under such section: Provided, That of the funds made available under this heading, 

Department of 

Health and 

Human Services 

Appropriations 

Act, 2008. 


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121 STAT. 2170 PUBLIC LAW 110–161—DEC. 26, 2007 

$160,000 shall be available until expended for facilities renovations 

at the Gillis W. Long Hansen’s Disease Center: Provided further, That $40,000,000 of the funding provided for community health 

centers shall be for base grant adjustments for existing health 

centers: Provided further, That in addition to fees authorized by 

section 427(b) of the Health Care Quality Improvement Act of 

1986, fees shall be collected for the full disclosure of information 

under the Act sufficient to recover the full costs of operating the 

National Practitioner Data Bank, and shall remain available until 

expended to carry out that Act: Provided further, That fees collected 

for the full disclosure of information under the ‘‘Health Care Fraud 

and Abuse Data Collection Program’’, authorized by section 

1128E(d)(2) of the Social Security Act, shall be sufficient to recover 

the full costs of operating the program, and shall remain available 

until expended to carry out that Act: Provided further, That no 

more than $40,000 is available until expended for carrying out 

the provisions of 42 U.S.C. 233(o) including associated administrative expenses and relevant evaluations: Provided further, That no 

more than $44,055,000 is available until expended for carrying 

out the provisions of Public Law 104–73 and for expenses incurred 

by the Department of Health and Human Services pertaining to 

administrative claims made under such law: Provided further, That 

of the funds made available under this heading, $305,315,000 shall 

be for the program under title X of the Public Health Service 

Act to provide for voluntary family planning projects: Provided 

further, That amounts provided to said projects under such title 

shall not be expended for abortions, that all pregnancy counseling 

shall be nondirective, and that such amounts shall not be expended 

for any activity (including the publication or distribution of literature) that in any way tends to promote public support or opposition to any legislative proposal or candidate for public office: Provided further, That of the funds available under this heading, 

$1,854,800,000 shall remain available to the Secretary of Health 

and Human Services through September 30, 2010, for parts A 

and B of title XXVI of the Public Health Service Act: Provided 

further, That within the amounts provided for part A of title XXVI 

of the Public Health Service Act, funds shall be made available 

to qualifying jurisdictions, within 45 days of enactment, for 

increasing supplemental grants for fiscal year 2008 to metropolitan 

areas that received grant funding in fiscal year 2007 under subparts 

I and II of part A of title XXVI of the Public Health Service 

Act to ensure that an area’s total funding under part A for fiscal 

year 2007, together with the amount of this additional funding, 

is not less than 86.6 percent of the amount of such area’s total 

funding under part A for fiscal year 2006: Provided further, That, 

notwithstanding section 2603(c)(1) of the Public Health Service 

Act, the additional funding to areas under the immediately preceding proviso, which may be used for costs incurred during fiscal 

year 2007, shall be available to the area for obligation from the 

date of the award through the end of the grant year for the award: 

Provided further, That $808,500,000 shall be for State AIDS Drug 

Assistance Programs authorized by section 2616 of the Public 

Health Service Act: Provided further, That in addition to amounts 

provided herein, $25,000,000 shall be available from amounts available under section 241 of the Public Health Service Act to carry 

out parts A, B, C, and D of title XXVI of the Public Health Service 

Act to fund section 2691 Special Projects of National Significance: 

Abortions. 


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PUBLIC LAW 110–161—DEC. 26, 2007 121 STAT. 2171 

Provided further, That, notwithstanding section 502(a)(1) and 502(b)(1) of the Social Security Act, not to exceed $100,937,000 

is available for carrying out special projects of regional and national 

significance pursuant to section 501(a)(2) of such Act and 

$10,586,000 is available for projects described in paragraphs (A) 

through (F) of section 501(a)(3) of such Act: Provided further, That 

of the funds provided, $39,283,000 shall be provided to the Denali 

Commission as a direct lump payment pursuant to Public Law 

106–113: Provided further, That of the funds provided, $25,000,000 

shall be provided for the Delta Health Initiative as authorized 

in section 219 of this Act and associated administrative expenses: 

Provided further, That notwithstanding section 747(e)(2) of the PHS 

Act, not less than $5,000,000 shall be for general dentistry programs, not less than $5,000,000 shall be for pediatric dentistry 

programs and not less than $24,614,000 shall be for family medicine 

programs: Provided further, That of the funds available under this 

heading, $9,000,000 shall be provided for the National Cord Blood 

Inventory pursuant to the Stem Cell Therapeutic and Research 

Act of 2005. 

HEALTH EDUCATION ASSISTANCE LOANS PROGRAM ACCOUNT

Such sums as may be necessary to carry out the purpose 

of the program, as authorized by title VII of the Public Health 

Service Act. For administrative expenses to carry out the guaranteed loan program, including section 709 of the Public Health 

Service Act, $2,898,000. 

VACCINE INJURY COMPENSATION PROGRAM TRUST FUND

For payments from the Vaccine Injury Compensation Program 

Trust Fund, such sums as may be necessary for claims associated 

with vaccine-related injury or death with respect to vaccines 

administered after September 30, 1988, pursuant to subtitle 2 of 

title XXI of the Public Health Service Act, to remain available 

until expended: Provided, That for necessary administrative 

expenses, not to exceed $5,500,000 shall be available from the 

Trust Fund to the Secretary of Health and Human Services. 

CENTERS FOR DISEASE CONTROL AND PREVENTION

DISEASE CONTROL, RESEARCH, AND TRAINING

To carry out titles II, III, VII, XI, XV, XVII, XIX, XXI, and 

XXVI of the Public Health Service Act, sections 101, 102, 103, 

201, 202, 203, 301, 501, and 514 of the Federal Mine Safety and 

Health Act of 1977, section 13 of the Mine Improvement and New 

Emergency Response Act of 2006, sections 20, 21, and 22 of the 

Occupational Safety and Health Act of 1970, title IV of the Immigration and Nationality Act, section 501 of the Refugee Education 

Assistance Act of 1980, and for expenses necessary to support 

activities related to countering potential biological, disease, nuclear, 

radiological, and chemical threats to civilian populations; including 

purchase and insurance of official motor vehicles in foreign countries; and purchase, hire, maintenance, and operation of aircraft, 

$6,156,541,000, of which $56,000,000 shall remain available until 

expended for equipment, construction and renovation of facilities; 

of which $568,803,000 shall remain available until expended for 


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121 STAT. 2172 PUBLIC LAW 110–161—DEC. 26, 2007 

the Strategic National Stockpile; of which $27,215,000 shall be 

available for public health improvement activities specified in the 

explanatory statement described in section 4 (in the matter preceding division A of this consolidated Act); of which $121,541,000 

for international HIV/AIDS shall remain available until September 

30, 2009; and of which $109,000,000 shall be available until 

expended to provide screening and treatment for first response 

emergency services personnel, residents, students, and others 

related to the September 11, 2001 terrorist attacks on the World 

Trade Center: Provided, That of this amount, $56,500,000 is designated as described in section 5 (in the matter preceding division 

A of this consolidated Act). In addition, such sums as may be 

derived from authorized user fees, which shall be credited to this 

account: Provided, That in addition to amounts provided herein, 

the following amounts shall be available from amounts available 

under section 241 of the Public Health Service Act: (1) $12,794,000 

to carry out the National Immunization Surveys; (2) $113,636,000 

to carry out the National Center for Health Statistics surveys; 

(3) $24,751,000 to carry out information systems standards development and architecture and applications-based research used at local 

public health levels; (4) $48,523,000 for Health Marketing; (5) 

$31,000,000 to carry out Public Health Research; and (6) 

$94,969,000 to carry out research activities within the National 

Occupational Research Agenda: Provided further, That none of the 

funds made available for injury prevention and control at the Centers for Disease Control and Prevention may be used, in whole 

or in part, to advocate or promote gun control: Provided further, 

That up to $31,800,000 shall be made available until expended 

for Individual Learning Accounts for full-time equivalent employees 

of the Centers for Disease Control and Prevention: Provided further, 

That the Director may redirect the total amount made available 

under authority of Public Law 101–502, section 3, dated November 

3, 1990, to activities the Director may so designate: Provided further, That the Committees on Appropriations of the House of Representatives and the Senate are to be notified promptly of any 

such transfer: Provided further, That not to exceed $18,929,000 

may be available for making grants under section 1509 of the 

Public Health Service Act to not less than 15 States, tribes, or 

tribal organizations: Provided further, That notwithstanding any 

other provision of law, the Centers for Disease Control and Prevention shall award a single contract or related contracts for development and construction of the next building or facility designated 

in the Buildings and Facilities Master Plan that collectively include 

the full scope of the project: Provided further, That the solicitation 

and contract shall contain the clause ‘‘availability of funds’’ found 

at 48 CFR 52.232–18: Provided further, That of the funds appropriated, $10,000 is for official reception and representation expenses 

when specifically approved by the Director of the Centers for Disease Control and Prevention: Provided further, That employees 

of the Centers for Disease Control and Prevention or the Public 

Health Service, both civilian and Commissioned Officers, detailed 

to States, municipalities, or other organizations under authority 

of section 214 of the Public Health Service Act, or in overseas 

assignments, shall be treated as non-Federal employees for 

reporting purposes only and shall not be included within any personnel ceiling applicable to the Agency, Service, or the Department 

Contracts. 

Notification. 

Gun control. 


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PUBLIC LAW 110–161—DEC. 26, 2007 121 STAT. 2173 

of Health and Human Services during the period of detail or assignment: Provided further, That out of funds made available under 

this heading for domestic HIV/AIDS testing, up to $30,000,000 

shall be for States eligible under section 2625 of the Public Health 

Service Act as of December 31, 2007 and shall be distributed by 

May 31, 2008 based on standard criteria relating to a State’s 

epidemiological profile, and of which not more than $1,000,000 

may be made available to any one State, and any amounts that 

have not been obligated by May 31, 2008 shall be used to make 

grants authorized by other provisions of the Public Health Service 

Act to States and local public health departments for HIV prevention activities. 

NATIONAL INSTITUTES OF HEALTH

NATIONAL CANCER INSTITUTE

For carrying out section 301 and title IV of the Public Health Service Act with respect to cancer, $4,890,525,000, of which up 

to $8,000,000 may be used for facilities repairs and improvements 

at the NCI-Frederick Federally Funded Research and Development 

Center in Frederick, Maryland. 

NATIONAL HEART, LUNG, AND BLOOD INSTITUTE

For carrying out section 301 and title IV of the Public Health 

Service Act with respect to cardiovascular, lung, and blood diseases, 

and blood and blood products, $2,974,900,000. 

NATIONAL INSTITUTE OF DENTAL AND CRANIOFACIAL RESEARCH

For carrying out section 301 and title IV of the Public Health Service Act with respect to dental disease, $396,632,000. 

NATIONAL INSTITUTE OF DIABETES AND DIGESTIVE AND KIDNEY

DISEASES

For carrying out section 301 and title IV of the Public Health 

Service Act with respect to diabetes and digestive and kidney disease, $1,736,199,000. 

NATIONAL INSTITUTE OF NEUROLOGICAL DISORDERS AND STROKE

For carrying out section 301 and title IV of the Public Health 

Service Act with respect to neurological disorders and stroke, 

$1,571,353,000. 

NATIONAL INSTITUTE OF ALLERGY AND INFECTIOUS DISEASES

(INCLUDING TRANSFER OF FUNDS) 

For carrying out section 301 and title IV of the Public Health 

Service Act with respect to allergy and infectious diseases, 

$4,641,746,000: Provided, That $300,000,000 may be made available 

to International Assistance Programs ‘‘Global Fund to Fight HIV/ 

AIDS, Malaria, and Tuberculosis’’, to remain available until 

expended: Provided further, That such sums obligated in fiscal 

years 2003 through 2007 for extramural facilities construction 

projects are to remain available until expended for disbursement, 

Notification. 


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121 STAT. 2174 PUBLIC LAW 110–161—DEC. 26, 2007 

with prior notification of such projects to the Committees on Appropriations of the House of Representatives and the Senate. 

NATIONAL INSTITUTE OF GENERAL MEDICAL SCIENCES

For carrying out section 301 and title IV of the Public Health 

Service Act with respect to general medical sciences, $1,970,228,000. 

NATIONAL INSTITUTE OF CHILD HEALTH AND HUMAN DEVELOPMENT

For carrying out section 301 and title IV of the Public Health 

Service Act with respect to child health and human development, 

$1,277,017,000. 

NATIONAL EYE INSTITUTE

For carrying out section 301 and title IV of the Public Health 

Service Act with respect to eye diseases and visual disorders, 

$678,978,000. 

NATIONAL INSTITUTE OF ENVIRONMENTAL HEALTH SCIENCES

For carrying out sections 301 and 311 and title IV of the 

Public Health Service Act with respect to environmental health 

sciences, $653,673,000. 

NATIONAL INSTITUTE ON AGING

For carrying out section 301 and title IV of the Public Health 

Service Act with respect to aging, $1,065,881,000. 

NATIONAL INSTITUTE OF ARTHRITIS AND MUSCULOSKELETAL AND SKIN

DISEASES

For carrying out section 301 and title IV of the Public Health 

Service Act with respect to arthritis and musculoskeletal and skin 

diseases, $517,629,000. 

NATIONAL INSTITUTE ON DEAFNESS AND OTHER COMMUNICATION

DISORDERS

For carrying out section 301 and title IV of the Public Health 

Service Act with respect to deafness and other communication disorders, $401,146,000. 

NATIONAL INSTITUTE OF NURSING RESEARCH

For carrying out section 301 and title IV of the Public Health 

Service Act with respect to nursing research, $139,920,000. 

NATIONAL INSTITUTE ON ALCOHOL ABUSE AND ALCOHOLISM

For carrying out section 301 and title IV of the Public Health 

Service Act with respect to alcohol abuse and alcoholism, 

$444,016,000. 

NATIONAL INSTITUTE ON DRUG ABUSE

For carrying out section 301 and title IV of the Public Health 

Service Act with respect to drug abuse, $1,018,493,000. 


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PUBLIC LAW 110–161—DEC. 26, 2007 121 STAT. 2175 

NATIONAL INSTITUTE OF MENTAL HEALTH

For carrying out section 301 and title IV of the Public Health 

Service Act with respect to mental health, $1,429,466,000. 

NATIONAL HUMAN GENOME RESEARCH INSTITUTE

For carrying out section 301 and title IV of the Public Health 

Service Act with respect to human genome research, $495,434,000. 

NATIONAL INSTITUTE OF BIOMEDICAL IMAGING AND BIOENGINEERING

For carrying out section 301 and title IV of the Public Health 

Service Act with respect to biomedical imaging and bioengineering 

research, $303,955,000. 

NATIONAL CENTER FOR RESEARCH RESOURCES

For carrying out section 301 and title IV of the Public Health 

Service Act with respect to research resources and general research 

support grants, $1,169,884,000. 

NATIONAL CENTER FOR COMPLEMENTARY AND ALTERNATIVE

MEDICINE

For carrying out section 301 and title IV of the Public Health 

Service Act with respect to complementary and alternative medicine, $123,739,000. 

NATIONAL CENTER ON MINORITY HEALTH AND HEALTH DISPARITIES

For carrying out section 301 and title IV of the Public Health 

Service Act with respect to minority health and health disparities 

research, $203,117,000. 

JOHN E. FOGARTY INTERNATIONAL CENTER

For carrying out the activities of the John E. Fogarty International Center (described in subpart 2 of part E of title IV of 

the Public Health Service Act), $67,741,000. 

NATIONAL LIBRARY OF MEDICINE

For carrying out section 301 and title IV of the Public Health 

Service Act with respect to health information communications, 

$326,669,000, of which $4,000,000 shall be available until expended 

for improvement of information systems: Provided, That in fiscal 

year 2008, the National Library of Medicine may enter into personal 

services contracts for the provision of services in facilities owned, 

operated, or constructed under the jurisdiction of the National 

Institutes of Health: Provided further, That in addition to amounts 

provided herein, $8,200,000 shall be available from amounts available under section 241 of the Public Health Service Act to carry 

out the purposes of the National Information Center on Health 

Services Research and Health Care Technology established under 

section 478A of the Public Health Service Act and related health 

services. 


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121 STAT. 2176 PUBLIC LAW 110–161—DEC. 26, 2007 

OFFICE OF THE DIRECTOR

For carrying out the responsibilities of the Office of the Director, 

National Institutes of Health, $1,128,819,000, of which up to 

$25,000,000 shall be used to carry out section 215 of this Act: 

Provided, That funding shall be available for the purchase of not 

to exceed 29 passenger motor vehicles for replacement only: Provided further, That the National Institutes of Health is authorized 

to collect third party payments for the cost of clinical services 

that are incurred in National Institutes of Health research facilities 

and that such payments shall be credited to the National Institutes 

of Health Management Fund: Provided further, That all funds credited to such Fund shall remain available for one fiscal year after 

the fiscal year in which they are deposited: Provided further, That 

$112,872,000 shall be available for continuation of the National 

Children’s Study: Provided further, That $504,420,000 shall be 

available for the Common Fund established under section 402A(c)(1) 

of the Public Health Service Act: Provided further, That of the 

funds provided $10,000 shall be for official reception and representation expenses when specifically approved by the Director of the 

National Institutes of Health: Provided further, That the Office 

of AIDS Research within the Office of the Director of the National 

Institutes of Health may spend up to $4,000,000 to make grants 

for construction or renovation of facilities as provided for in section 

2354(a)(5)(B) of the Public Health Service Act. 

BUILDINGS AND FACILITIES

For the study of, construction of, renovation of, and acquisition 

of equipment for, facilities of or used by the National Institutes 

of Health, including the acquisition of real property, $121,081,000, 

to remain available until expended. 

SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES ADMINISTRATION

SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES

For carrying out titles V and XIX of the Public Health Service 

Act (‘‘PHS Act’’) with respect to substance abuse and mental health 

services, the Protection and Advocacy for Individuals with Mental 

Illness Act, and section 301 of the PHS Act with respect to program 

management, $3,291,543,000, of which $19,120,000 shall be available for the projects and in the amounts specified in the explanatory 

statement described in section 4 (in the matter preceding division 

A of this consolidated Act): Provided, That notwithstanding section 

520A(f)(2) of the PHS Act, no funds appropriated for carrying out 

section 520A are available for carrying out section 1971 of the 

PHS Act: Provided further, That in addition to amounts provided 

herein, the following amounts shall be available under section 241 

of the PHS Act: (1) $79,200,000 to carry out subpart II of part 

B of title XIX of the PHS Act to fund section 1935(b) technical 

assistance, national data, data collection and evaluation activities, 

and further that the total available under this Act for section 

1935(b) activities shall not exceed 5 percent of the amounts appropriated for subpart II of part B of title XIX; (2) $21,413,000 to 

carry out subpart I of part B of title XIX of the PHS Act to 

fund section 1920(b) technical assistance, national data, data collection and evaluation activities, and further that the total available 


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PUBLIC LAW 110–161—DEC. 26, 2007 121 STAT. 2177 

under this Act for section 1920(b) activities shall not exceed 5 

percent of the amounts appropriated for subpart I of part B of 

title XIX; (3) $17,750,000 to carry out national surveys on drug 

abuse; and (4) $4,300,000 to evaluate substance abuse treatment 

programs: Provided further, That section 520E(b)(2) of the Public 

Health Service Act shall not apply to funds appropriated under 

this Act for fiscal year 2008. 

AGENCY FOR HEALTHCARE RESEARCH AND QUALITY

HEALTHCARE RESEARCH AND QUALITY

For carrying out titles III and IX of the Public Health Service 

Act, and part A of title XI of the Social Security Act, amounts 

received from Freedom of Information Act fees, reimbursable and 

interagency agreements, and the sale of data shall be credited 

to this appropriation and shall remain available until expended: 

Provided, That the amount made available pursuant to section 

937(c) of the Public Health Service Act shall not exceed 

$334,564,000. 

CENTERS FOR MEDICARE AND MEDICAID SERVICES

GRANTS TO STATES FOR MEDICAID

For carrying out, except as otherwise provided, titles XI and 

XIX of the Social Security Act, $141,628,056,000, to remain available until expended. 

For making, after May 31, 2008, payments to States under 

title XIX of the Social Security Act for the last quarter of fiscal 

year 2008 for unanticipated costs, incurred for the current fiscal 

year, such sums as may be necessary. 

For making payments to States or in the case of section 1928 

on behalf of States under title XIX of the Social Security Act 

for the first quarter of fiscal year 2009, $67,292,669,000, to remain 

available until expended. 

Payment under title XIX may be made for any quarter with 

respect to a State plan or plan amendment in effect during such 

quarter, if submitted in or prior to such quarter and approved 

in that or any subsequent quarter. 

PAYMENTS TO HEALTH CARE TRUST FUNDS

For payment to the Federal Hospital Insurance and the Federal 

Supplementary Medical Insurance Trust Funds, as provided under 

section 1844 and 1860D–16 of the Social Security Act, sections 

103(c) and 111(d) of the Social Security Amendments of 1965, 

section 278(d) of Public Law 97–248, and for administrative 

expenses incurred pursuant to section 201(g) of the Social Security 

Act, $188,445,000,000. 

In addition, for making matching payments under section 1844, 

and benefit payments under section 1860D–16 of the Social Security 

Act, not anticipated in budget estimates, such sums as may be 

necessary. 

PROGRAM MANAGEMENT

For carrying out, except as otherwise provided, titles XI, XVIII, 

XIX, and XXI of the Social Security Act, titles XIII and XXVII 


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of the Public Health Service Act, and the Clinical Laboratory 

Improvement Amendments of 1988, not to exceed $3,207,690,000, 

to be transferred from the Federal Hospital Insurance and the 

Federal Supplementary Medical Insurance Trust Funds, as authorized by section 201(g) of the Social Security Act; together with 

all funds collected in accordance with section 353 of the Public 

Health Service Act and section 1857(e)(2) of the Social Security 

Act, funds retained by the Secretary pursuant to section 302 of 

the Tax Relief and Health Care Act of 2006; and such sums as 

may be collected from authorized user fees and the sale of data, 

which shall remain available until expended: Provided, That all 

funds derived in accordance with 31 U.S.C. 9701 from organizations 

established under title XIII of the Public Health Service Act shall 

be credited to and available for carrying out the purposes of this 

appropriation: Provided further, That $45,000,000, to remain available until September 30, 2009, is for contract costs for the 

Healthcare Integrated General Ledger Accounting System: Provided 

further, That $193,000,000, to remain available until September 

30, 2009, is for CMS Medicare contracting reform activities: Provided further, That funds appropriated under this heading are 

available for the Healthy Start, Grow Smart program under which 

the Centers for Medicare and Medicaid Services may, directly or 

through grants, contracts, or cooperative agreements, produce and 

distribute informational materials including, but not limited to, 

pamphlets and brochures on infant and toddler health care to 

expectant parents enrolled in the Medicaid program and to parents 

and guardians enrolled in such program with infants and children: 

Provided further, That the Secretary of Health and Human Services 

is directed to collect fees in fiscal year 2008 from Medicare Advantage organizations pursuant to section 1857(e)(2) of the Social Security Act and from eligible organizations with risk-sharing contracts 

under section 1876 of that Act pursuant to section 1876(k)(4)(D) 

of that Act: Provided further, That $5,007,000 shall be available 

for the projects and in the amounts specified in the explanatory 

statement described in section 4 (in the matter preceding division 

A of this consolidated Act). 

ADMINISTRATION FOR CHILDREN AND FAMILIES

PAYMENTS TO STATES FOR CHILD SUPPORT ENFORCEMENT AND

FAMILY SUPPORT PROGRAMS

For making payments to States or other non-Federal entities 

under titles I, IV–D, X, XI, XIV, and XVI of the Social Security 

Act and the Act of July 5, 1960 (24 U.S.C. chapter 9), 

$2,949,713,000, to remain available until expended; and for such 

purposes for the first quarter of fiscal year 2009, $1,000,000,000, 

to remain available until expended. 

For making payments to each State for carrying out the program of Aid to Families with Dependent Children under title IV– 

A of the Social Security Act before the effective date of the program 

of Temporary Assistance for Needy Families (TANF) with respect 

to such State, such sums as may be necessary: Provided, That 

the sum of the amounts available to a State with respect to expenditures under such title IV–A in fiscal year 1997 under this appropriation and under such title IV–A as amended by the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 shall 

not exceed the limitations under section 116(b) of such Act. 


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For making, after May 31 of the current fiscal year, payments 

to States or other non-Federal entities under titles I, IV–D, X, 

XI, XIV, and XVI of the Social Security Act and the Act of July 

5, 1960 (24 U.S.C. chapter 9), for the last 3 months of the current 

fiscal year for unanticipated costs, incurred for the current fiscal 

year, such sums as may be necessary. 

LOW-INCOME HOME ENERGY ASSISTANCE

For making payments under section 2604(a)–(d) of the LowIncome Home Energy Assistance Act of 1981 (42 U.S.C. 8623(a)– 

(d)), $2,015,206,000. 

For making payments under section 2604(e) of the Low-Income 

Home Energy Assistance Act of 1981 (42 U.S.C. 8623(e)), 

$596,379,000, notwithstanding the designation requirement of section 2602(e) of such Act: Provided, That of the amount provided 

by this paragraph, $250,000,000 is designated as described in section 5 (in the matter preceding division A of this consolidated 

Act). 

REFUGEE AND ENTRANT ASSISTANCE

For necessary expenses for refugee and entrant assistance 

activities and for costs associated with the care and placement 

of unaccompanied alien children authorized by title IV of the 

Immigration and Nationality Act and section 501 of the Refugee 

Education Assistance Act of 1980, for carrying out section 462 

of the Homeland Security Act of 2002, and for carrying out the 

Torture Victims Relief Act of 1998, $667,288,000, of which up to 

$9,988,000 shall be available to carry out the Trafficking Victims 

Protection Act of 2000: Provided, That funds appropriated under 

this heading pursuant to section 414(a) of the Immigration and 

Nationality Act and section 462 of the Homeland Security Act 

of 2002 for fiscal year 2008 shall be available for the costs of 

assistance provided and other activities to remain available through 

September 30, 2010. 

PAYMENTS TO STATES FOR THE CHILD CARE AND DEVELOPMENT

BLOCK GRANT

For carrying out the Child Care and Development Block Grant Act of 1990, $2,098,746,000 shall be used to supplement, not supplant State general revenue funds for child care assistance for 

low-income families: Provided, That $18,777,370 shall be available 

for child care resource and referral and school-aged child care 

activities, of which $982,080 shall be for the Child Care Aware 

toll-free hotline: Provided further, That, in addition to the amounts 

required to be reserved by the States under section 658G, 

$267,785,718 shall be reserved by the States for activities authorized under section 658G, of which $98,208,000 shall be for activities 

that improve the quality of infant and toddler care: Provided further, That $9,821,000 shall be for use by the Secretary for child care 

research, demonstration, and evaluation activities. 

SOCIAL SERVICES BLOCK GRANT

For making grants to States pursuant to section 2002 of the 

Social Security Act, $1,700,000,000: Provided, That notwithstanding 

subparagraph (B) of section 404(d)(2) of such Act, the applicable 


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121 STAT. 2180 PUBLIC LAW 110–161—DEC. 26, 2007 

percent specified under such subparagraph for a State to carry 

out State programs pursuant to title XX of such Act shall be 

10 percent. 

CHILDREN AND FAMILIES SERVICES PROGRAMS

For carrying out, except as otherwise provided, the Runaway 

and Homeless Youth Act, the Developmental Disabilities Assistance 

and Bill of Rights Act, the Head Start Act, the Child Abuse Prevention and Treatment Act, sections 310 and 316 of the Family Violence 

Prevention and Services Act, the Native American Programs Act 

of 1974, title II of the Child Abuse Prevention and Treatment 

and Adoption Reform Act of 1978 (adoption opportunities), sections 

330F and 330G of the Public Health Service Act, the Abandoned 

Infants Assistance Act of 1988, sections 261 and 291 of the Help 

America Vote Act of 2002, part B(1) of title IV and sections 413, 

1110, and 1115 of the Social Security Act; for making payments 

under the Community Services Block Grant Act, sections 439(i), 

473B, and 477(i) of the Social Security Act, and the Assets for 

Independence Act, and for necessary administrative expenses to 

carry out such Acts and titles I, IV, V, X, XI, XIV, XVI, and 

XX of the Social Security Act, the Act of July 5, 1960 (24 U.S.C. 

chapter 9), the Low-Income Home Energy Assistance Act of 1981, 

title IV of the Immigration and Nationality Act, section 501 of 

the Refugee Education Assistance Act of 1980, and section 505 

of the Family Support Act of 1988, $9,129,990,000, of which 

$4,400,000, to remain available until September 30, 2009, shall 

be for grants to States for adoption incentive payments, as authorized by section 473A of the Social Security Act and may be made 

for adoptions completed before September 30, 2008: Provided, That 

$7,000,270,000 shall be for making payments under the Head Start 

Act, of which $1,388,800,000 shall become available October 1, 

2008, and remain available through September 30, 2009: Provided 

further, That $705,451,000 shall be for making payments under 

the Community Services Block Grant Act: Provided further, That 

not less than $8,000,000 shall be for section 680(3)(B) of the Community Services Block Grant Act: Provided further, That in addition 

to amounts provided herein, $6,000,000 shall be available from 

amounts available under section 241 of the Public Health Service 

Act to carry out the provisions of section 1110 of the Social Security 

Act: Provided further, That to the extent Community Services Block 

Grant funds are distributed as grant funds by a State to an eligible 

entity as provided under the Act, and have not been expended 

by such entity, they shall remain with such entity for carryover 

into the next fiscal year for expenditure by such entity consistent 

with program purposes: Provided further, That the Secretary of 

Health and Human Services shall establish procedures regarding 

the disposition of intangible property which permits grant funds, 

or intangible assets acquired with funds authorized under section 

680 of the Community Services Block Grant Act to become the 

sole property of such grantees after a period of not more than 

12 years after the end of the grant for purposes and uses consistent 

with the original grant: Provided further, That funds appropriated 

for section 680(a)(2) of the Community Services Block Grant Act 

shall be available for financing construction and rehabilitation and 

loans or investments in private business enterprises owned by 

community development corporations: Provided further, That 

$53,625,000 is for a compassion capital fund to provide grants 

Procedures. 

42 USC 9921 

note. 


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to charitable organizations to emulate model social service programs 

and to encourage research on the best practices of social service 

organizations: Provided further, That $17,720,000 shall be for activities authorized by the Help America Vote Act of 2002, of which 

$12,370,000 shall be for payments to States to promote access 

for voters with disabilities, and of which $5,350,000 shall be for 

payments to States for protection and advocacy systems for voters 

with disabilities: Provided further, That $110,836,000 shall be for 

making competitive grants to provide abstinence education (as 

defined by section 510(b)(2) of the Social Security Act) to adolescents, and for Federal costs of administering the grant: Provided 

further, That grants under the immediately preceding proviso shall 

be made only to public and private entities which agree that, 

with respect to an adolescent to whom the entities provide 

abstinence education under such grant, the entities will not provide 

to that adolescent any other education regarding sexual conduct, 

except that, in the case of an entity expressly required by law 

to provide health information or services the adolescent shall not 

be precluded from seeking health information or services from the 

entity in a different setting than the setting in which abstinence 

education was provided: Provided further, That within amounts 

provided herein for abstinence education for adolescents, up to 

$10,000,000 may be available for a national abstinence education 

campaign: Provided further, That in addition to amounts provided 

herein for abstinence education for adolescents, $4,500,000 shall 

be available from amounts available under section 241 of the Public 

Health Service Act to carry out evaluations (including longitudinal 

evaluations) of adolescent pregnancy prevention approaches: Provided further, That up to $2,000,000 shall be for improving the 

Public Assistance Reporting Information System, including grants 

to States to support data collection for a study of the system’s 

effectiveness: Provided further, That $17,301,000 shall be available 

for the projects and in the amounts specified in the explanatory 

statement described in section 4 (in the matter preceding division 

A of this consolidated Act). 

PROMOTING SAFE AND STABLE FAMILIES

For carrying out section 436 of the Social Security Act, 

$345,000,000 and section 437, $64,437,000. 

PAYMENTS TO STATES FOR FOSTER CARE AND ADOPTION ASSISTANCE

For making payments to States or other non-Federal entities 

under title IV–E of the Social Security Act, $5,067,000,000. 

For making payments to States or other non-Federal entities 

under title IV–E of the Act, for the first quarter of fiscal year 

2009, $1,776,000,000. 

For making, after May 31 of the current fiscal year, payments 

to States or other non-Federal entities under section 474 of title 

IV–E, for the last 3 months of the current fiscal year for unanticipated costs, incurred for the current fiscal year, such sums as 

may be necessary. 

Abstinence 

education. 


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121 STAT. 2182 PUBLIC LAW 110–161—DEC. 26, 2007 

ADMINISTRATION ON AGING

AGING SERVICES PROGRAMS

For carrying out, to the extent not otherwise provided, the 

Older Americans Act of 1965 and section 398 of the Public Health 

Service Act, $1,438,567,000, of which $5,500,000 shall be available 

for activities regarding medication management, screening, and 

education to prevent incorrect medication and adverse drug reactions: Provided, That $6,431,000 shall be available for the projects 

and in the amounts specified in the explanatory statement described 

in section 4 (in the matter preceding division A of this consolidated 

Act). 

OFFICE OF THE SECRETARY

GENERAL DEPARTMENTAL MANAGEMENT

(INCLUDING TRANSFER OF FUNDS) 

For necessary expenses, not otherwise provided, for general 

departmental management, including hire of six sedans, and for 

carrying out titles III, XVII, XX, and XXI of the Public Health 

Service Act, the United States-Mexico Border Health Commission 

Act, and research studies under section 1110 of the Social Security 

Act, $355,518,000, together with $5,792,000 to be transferred and 

expended as authorized by section 201(g)(1) of the Social Security 

Act from the Hospital Insurance Trust Fund and the Supplemental 

Medical Insurance Trust Fund, and $46,756,000 from the amounts 

available under section 241 of the Public Health Service Act to 

carry out national health or human services research and evaluation 

activities: Provided, That of the funds made available under this 

heading for carrying out title XX of the Public Health Service 

Act, $13,120,000 shall be for activities specified under section 

2003(b)(2), all of which shall be for prevention service demonstration 

grants under section 510(b)(2) of title V of the Social Security 

Act, as amended, without application of the limitation of section 

2010(c) of said title XX: Provided further, That of this amount, 

$51,891,000 shall be for minority AIDS prevention and treatment 

activities; and $5,892,000 shall be to assist Afghanistan in the 

development of maternal and child health clinics, consistent with 

section 103(a)(4)(H) of the Afghanistan Freedom Support Act of 

2002; and $1,000,000 shall be transferred, not later than 30 days 

after enactment of this Act, to the National Institute of Mental 

Health to administer the Interagency Autism Coordinating Committee: Provided further, That specific information requests from 

the chairmen and ranking members of the Subcommittees on Labor, 

Health and Human Services, and Education, and Related Agencies, 

on scientific research or any other matter, shall be transmitted 

to the Committees on Appropriations in a prompt, professional 

manner and within the time frame specified in the request: Provided 

further, That scientific information, including such information provided in congressional testimony, requested by the Committees 

on Appropriations and prepared by government researchers and 

scientists shall be transmitted to the Committees on Appropriations, 

uncensored and without delay: Provided further, That funds provided in this Act for embryo adoption activities may be used to 

provide, to individuals adopting embryos, through grants and other 

Deadline. 


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PUBLIC LAW 110–161—DEC. 26, 2007 121 STAT. 2183 

mechanisms, medical and administrative services deemed necessary 

for such adoptions: Provided further, That such services shall be 

provided consistent with 42 CFR 59.5(a)(4): Provided further, That 

$4,138,000 shall be available for the projects and in the amounts 

specified in the explanatory statement described in section 4 (in 

the matter preceding division A of this consolidated Act). 

OFFICE OF MEDICARE HEARINGS AND APPEALS

For expenses necessary for administrative law judges responsible for hearing cases under title XVIII of the Social Security 

Act (and related provisions of title XI of such Act), $65,000,000, 

to be transferred in appropriate part from the Federal Hospital 

Insurance and the Federal Supplementary Medical Insurance Trust 

Funds. 

OFFICE OF THE NATIONAL COORDINATOR FOR HEALTH INFORMATION

TECHNOLOGY

For expenses necessary for the Office of the National Coordinator for Health Information Technology, including grants, contracts and cooperative agreements for the development and advancement of an interoperable national health information technology 

infrastructure, $42,402,000: Provided, That in addition to amounts 

provided herein, $18,900,000 shall be available from amounts available under section 241 of the Public Health Service Act to carry 

out health information technology network development. 

OFFICE OF INSPECTOR GENERAL

For expenses necessary for the Office of Inspector General, 

including the hire of passenger motor vehicles for investigations, 

in carrying out the provisions of the Inspector General Act of 

1978, $44,000,000: Provided, That of such amount, necessary sums 

are available for providing protective services to the Secretary and 

investigating non-payment of child support cases for which nonpayment is a Federal offense under 18 U.S.C. 228. 

OFFICE FOR CIVIL RIGHTS

For expenses necessary for the Office for Civil Rights, 

$31,628,000, together with not to exceed $3,281,000 to be transferred and expended as authorized by section 201(g)(1) of the Social 

Security Act from the Hospital Insurance Trust Fund and the 

Supplemental Medical Insurance Trust Fund. 

RETIREMENT PAY AND MEDICAL BENEFITS FOR COMMISSIONED

OFFICERS

For retirement pay and medical benefits of Public Health 

Service Commissioned Officers as authorized by law, for payments 

under the Retired Serviceman’s Family Protection Plan and Survivor Benefit Plan, for medical care of dependents and retired 

personnel under the Dependents’ Medical Care Act (10 U.S.C. 

chapter 55), such amounts as may be required during the current 

fiscal year. 


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121 STAT. 2184 PUBLIC LAW 110–161—DEC. 26, 2007 

PUBLIC HEALTH AND SOCIAL SERVICES EMERGENCY FUND

For expenses necessary to support activities related to countering potential biological, disease, nuclear, radiological and chemical threats to civilian populations, and for other public health 

emergencies, $666,087,000, of which not to exceed $21,804,000, 

to remain available until September 30, 2009, is to pay the costs 

described in section 319F–2(c)(7)(B) of the Public Health Service 

Act, and of which $103,921,000 shall be used to support advanced 

research and development of medical countermeasures, consistent 

with section 319L of the Public Health Service Act. 

For expenses necessary to prepare for and respond to an influenza pandemic, $76,139,000. 

GENERAL PROVISIONS

SEC. 201. Funds appropriated in this title shall be available 

for not to exceed $50,000 for official reception and representation 

expenses when specifically approved by the Secretary of Health 

and Human Services. 

SEC. 202. The Secretary shall make available through assignment not more than 60 employees of the Public Health Service 

to assist in child survival activities and to work in AIDS programs 

through and with funds provided by the Agency for International 

Development, the United Nations International Children’s Emergency Fund or the World Health Organization. 

SEC. 203. None of the funds appropriated in this Act for the 

National Institutes of Health, the Agency for Healthcare Research 

and Quality, and the Substance Abuse and Mental Health Services 

Administration shall be used to pay the salary of an individual, 

through a grant or other extramural mechanism, at a rate in 

excess of Executive Level I. 

SEC. 204. None of the funds appropriated in this title for 

Head Start shall be used to pay the compensation of an individual, 

either as direct costs or any proration as an indirect cost, at a 

rate in excess of Executive Level II. 

SEC. 205. None of the funds appropriated in this Act may 

be expended pursuant to section 241 of the Public Health Service 

Act, except for funds specifically provided for in this Act, or for 

other taps and assessments made by any office located in the 

Department of Health and Human Services, prior to the preparation 

and submission of a report by the Secretary of Health and Human 

Services to the Committees on Appropriations of the House of 

Representatives and the Senate detailing the planned uses of such 

funds. 

SEC. 206. Notwithstanding section 241(a) of the Public Health 

Service Act, such portion as the Secretary of Health and Human 

Services shall determine, but not more than 2.4 percent, of any 

amounts appropriated for programs authorized under such Act shall 

be made available for the evaluation (directly, or by grants or 

contracts) of the implementation and effectiveness of such programs. 

(TRANSFER OF FUNDS) 

SEC. 207. Not to exceed 1 percent of any discretionary funds 

(pursuant to the Balanced Budget and Emergency Deficit Control 

Act of 1985) which are appropriated for the current fiscal year 

for the Department of Health and Human Services in this Act 

Government 

employees. 

Children and 

youth. 

AIDS. 


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PUBLIC LAW 110–161—DEC. 26, 2007 121 STAT. 2185 

may be transferred between a program, project, or activity, but 

no such program, project, or activity shall be increased by more 

than 3 percent by any such transfer: Provided, That the transfer 

authority granted by this section shall be available only to meet 

emergency needs and shall not be used to create any new program 

or to fund any project or activity for which no funds are provided 

in this Act: Provided further, That the Committees on Appropriations of the House of Representatives and the Senate are notified 

at least 15 days in advance of any transfer. 

(TRANSFER OF FUNDS) 

SEC. 208. The Director of the National Institutes of Health, 

jointly with the Director of the Office of AIDS Research, may 

transfer up to 3 percent among institutes and centers from the 

total amounts identified by these two Directors as funding for 

research pertaining to the human immunodeficiency virus: Provided, That the Committees on Appropriations of the House of 

Representatives and the Senate are notified at least 15 days in 

advance of any transfer. 

(TRANSFER OF FUNDS) 

SEC. 209. Of the amounts made available in this Act for the 

National Institutes of Health, the amount for research related to 

the human immunodeficiency virus, as jointly determined by the 

Director of the National Institutes of Health and the Director of 

the Office of AIDS Research, shall be made available to the ‘‘Office 

of AIDS Research’’ account. The Director of the Office of AIDS 

Research shall transfer from such account amounts necessary to 

carry out section 2353(d)(3) of the Public Health Service Act. 

SEC. 210. None of the funds appropriated in this Act may 

be made available to any entity under title X of the Public Health 

Service Act unless the applicant for the award certifies to the 

Secretary that it encourages family participation in the decision 

of minors to seek family planning services and that it provides 

counseling to minors on how to resist attempts to coerce minors 

into engaging in sexual activities. 

SEC. 211. Notwithstanding any other provision of law, no provider of services under title X of the Public Health Service Act 

shall be exempt from any State law requiring notification or the 

reporting of child abuse, child molestation, sexual abuse, rape, 

or incest. 

SEC. 212. None of the funds appropriated by this Act (including 

funds appropriated to any trust fund) may be used to carry out 

the Medicare Advantage program if the Secretary of Health and 

Human Services denies participation in such program to an otherwise eligible entity (including a Provider Sponsored Organization) 

because the entity informs the Secretary that it will not provide, 

pay for, provide coverage of, or provide referrals for abortions: 

Provided, That the Secretary shall make appropriate prospective 

adjustments to the capitation payment to such an entity (based 

on an actuarially sound estimate of the expected costs of providing 

the service to such entity’s enrollees): Provided further, That nothing 

in this section shall be construed to change the Medicare program’s 

coverage for such services and a Medicare Advantage organization 

described in this section shall be responsible for informing enrollees 

where to obtain information about all Medicare covered services. 

Notification. 

Deadline. 

Notification. 

Deadline. 


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121 STAT. 2186 PUBLIC LAW 110–161—DEC. 26, 2007 

SEC. 213. (a) Except as provided by subsection (e) none of 

the funds appropriated by this Act may be used to withhold substance abuse funding from a State pursuant to section 1926 of 

the Public Health Service Act (42 U.S.C. 300x–26) if such State 

certifies to the Secretary of Health and Human Services by May 

1, 2008, that the State will commit additional State funds, in 

accordance with subsection (b), to ensure compliance with State 

laws prohibiting the sale of tobacco products to individuals under 

18 years of age. 

(b) The amount of funds to be committed by a State under 

subsection (a) shall be equal to 1 percent of such State’s substance 

abuse block grant allocation for each percentage point by which 

the State misses the retailer compliance rate goal established by 

the Secretary of Health and Human Services under section 1926 

of such Act. 

(c) The State is to maintain State expenditures in fiscal year 

2008 for tobacco prevention programs and for compliance activities 

at a level that is not less than the level of such expenditures 

maintained by the State for fiscal year 2007, and adding to that 

level the additional funds for tobacco compliance activities required 

under subsection (a). The State is to submit a report to the Secretary 

on all fiscal year 2007 State expenditures and all fiscal year 2008 

obligations for tobacco prevention and compliance activities by program activity by July 31, 2008. 

(d) The Secretary shall exercise discretion in enforcing the 

timing of the State obligation of the additional funds required 

by the certification described in subsection (a) as late as July 

31, 2008. 

(e) None of the funds appropriated by this Act may be used 

to withhold substance abuse funding pursuant to section 1926 of 

the Public Health Service Act from a territory that receives less 

than $1,000,000. 

SEC. 214. In order for the Centers for Disease Control and 

Prevention to carry out international health activities, including 

HIV/AIDS and other infectious disease, chronic and environmental 

disease, and other health activities abroad during fiscal year 2008: 

(1) The Secretary of Health and Human Services (in this 

section referred to as the ‘‘Secretary of HHS’’) may exercise 

authority equivalent to that available to the Secretary of State 

in section 2(c) of the State Department Basic Authorities Act 

of 1956 (22 U.S.C. 2669(c)). The Secretary of HHS shall consult 

with the Secretary of State and relevant Chief of Mission to 

ensure that the authority provided in this section is exercised 

in a manner consistent with section 207 of the Foreign Service 

Act of 1980 (22 U.S.C. 3927) and other applicable statutes 

administered by the Department of State. 

(2) The Secretary of HHS is authorized to provide such 

funds by advance or reimbursement to the Secretary of State 

as may be necessary to pay the costs of acquisition, lease, 

alteration, renovation, and management of facilities outside 

of the United States for the use of the Department of Health 

and Human Services. The Department of State shall cooperate 

fully with the Secretary of HHS to ensure that the Department 

of Health and Human Services has secure, safe, functional 

facilities that comply with applicable regulation governing location, setback, and other facilities requirements and serve the 

purposes established by this Act. The Secretary of HHS is 

Reports. 

Deadline. 

Certification. 

Deadline. 

Tobacco and 

tobacco products. 


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authorized, in consultation with the Secretary of State, through 

grant or cooperative agreement, to make available to public 

or nonprofit private institutions or agencies in participating 

foreign countries, funds to acquire, lease, alter, or renovate 

facilities in those countries as necessary to conduct programs 

of assistance for international health activities, including activities relating to HIV/AIDS and other infectious diseases, chronic 

and environmental diseases, and other health activities abroad. 

SEC. 215. (a) AUTHORITY.—Notwithstanding any other provision 

of law, the Director of the National Institutes of Health (in this 

section referred to as the ‘‘Director of NIH’’) may use funds available 

under section 402(b)(7) or 402(b)(12) of the Public Health Service 

Act to enter into transactions (other than contracts, cooperative 

agreements, or grants) to carry out research identified pursuant 

to such section 402(b)(7) (pertaining to the Common Fund) or 

research and activities described in such section 402(b)(12). 

(b) PEER REVIEW.—In entering into transactions under subsection (a), the Director of the NIH may utilize such peer review 

procedures (including consultation with appropriate scientific 

experts) as the Director determines to be appropriate to obtain 

assessments of scientific and technical merit. Such procedures shall 

apply to such transactions in lieu of the peer review and advisory 

council review procedures that would otherwise be required under 

sections 301(a)(3), 405(b)(1)(B), 405(b)(2), 406(a)(3)(A), 492, and 494 

of the Public Health Service Act. 

SEC. 216. Funds which are available for Individual Learning 

Accounts for employees of the Centers for Disease Control and 

Prevention (‘‘CDC’’) and the Agency for Toxic Substances and Disease Registry (‘‘ATSDR’’) may be transferred to ‘‘Disease Control, 

Research, and Training’’, to be available only for Individual 

Learning Accounts: Provided, That such funds may be used for 

any individual full-time equivalent employee while such employee 

is employed either by CDC or ATSDR. 

SEC. 217. Notwithstanding any other provisions of law, funds 

made available in this Act may be used to continue operating 

the Council on Graduate Medical Education established by section 

301 of Public Law 102–408. 

SEC. 218. The Director of the National Institutes of Health 

shall require that all investigators funded by the NIH submit or 

have submitted for them to the National Library of Medicine’s 

PubMed Central an electronic version of their final, peer-reviewed 

manuscripts upon acceptance for publication, to be made publicly 

available no later than 12 months after the official date of publication: Provided, That the NIH shall implement the public access 

policy in a manner consistent with copyright law. 

SEC. 219. (a) The Secretary of Health and Human Services 

is authorized to award a grant to the Delta Health Alliance, a 

nonprofit alliance of academic institutions in the Mississippi Delta 

region that has as its primary purposes addressing longstanding, 

unmet health needs and catalyzing economic development in the 

Mississippi Delta. 

(b) To be eligible to receive a grant under subsection (a), the 

Delta Health Alliance shall solicit and fund proposals from local 

governments, hospitals, health care clinics, academic institutions, 

and rural public health-related entities and organizations for 

research development, educational programs, health care services, 

Grants. 

Delta Health 

Alliance. 

Public 

information. 

Deadline. 

42 USC 2940 

note. 

Applicability. 


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121 STAT. 2188 PUBLIC LAW 110–161—DEC. 26, 2007 

job training, and planning, construction, and equipment of public 

health-related facilities in the Mississippi Delta region. 

(c) With respect to the use of grant funds under this section 

for construction or major alteration of property, the Federal interest 

in the property involved shall last for a period of 1 year following 

the completion of the project or until such time that the Federal 

Government is compensated for its proportionate interest in the 

property if the property use changes or the property is transferred 

or sold, whichever time period is less. At the conclusion of such 

period, the Notice of Federal Interest in such property shall be 

removed. 

(d) There are authorized to be appropriated such sums as 

may be necessary to carry out this section in fiscal year 2008 

and in each of the five succeeding fiscal years. 

SEC. 220. Not to exceed $35,000,000 of funds appropriated 

by this Act to the institutes and centers of the National Institutes 

of Health may be used for alteration, repair, or improvement of 

facilities, as necessary for the proper and efficient conduct of the 

activities authorized herein, at not to exceed $2,500,000 per project. 

(TRANSFER OF FUNDS) 

SEC. 221. Of the amounts made available in this Act for the 

National Institutes of Health, 1 percent of the amount made available for National Research Service Awards (NRSA) shall be made 

available to the Administrator of the Health Resources and Services 

Administration to make NRSA awards for research in primary 

medical care to individuals affiliated with entities who have received 

grants or contracts under section 747 of the Public Health Service 

Act, and 1 percent of the amount made available for NRSA shall 

be made available to the Director of the Agency for Healthcare 

Research and Quality to make NRSA awards for health service 

research. 

SEC. 222. None of the funds made available in this Act may 

be used— 

(1) for the Ombudsman Program of the Centers for Disease 

Control and Prevention; and 

(2) by the Centers for Disease Control and Prevention 

to provide additional rotating pastel lights, zero-gravity chairs, 

or dry-heat saunas for its fitness center. 

SEC. 223. There is hereby established in the Treasury of the 

United States a fund to be known as the ‘‘Nonrecurring expenses 

fund’’ (the Fund): Provided, That unobligated balances of expired 

discretionary funds appropriated for this or any succeeding fiscal 

year from the General Fund of the Treasury to the Department 

of Health and Human Services by this or any other Act may 

be transferred (not later than the end of the fifth fiscal year after 

the last fiscal year for which such funds are available for the 

purposes for which appropriated) into the Fund: Provided further, 

That amounts deposited in the Fund shall be available until 

expended, and in addition to such other funds as may be available 

for such purposes, for capital acquisition necessary for the operation 

of the Department, including facilities infrastructure and information technology infrastructure, subject to approval by the Office 

of Management and Budget: Provided further, That amounts in 

the Fund may be obligated only after the Committees on Appropriations of the House of Representatives and the Senate are notified 

at least 15 days in advance of the planned use of funds. 

Notification. 

Deadline. 

42 USC 3514a. 


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(RESCISSION OF FUNDS) 

SEC. 224. Of the funds available within the Health Professions 

Student Loan program authorized in subpart II, Federally-Supported Student Loan Funds, of title VII of the Public Health Service 

Act, $15,000,000 are rescinded. 

SEC. 225. (a) CONTINUATION OF AVAILABILITY OF PERMITTED

NUMBER OF MEDICAL RESIDENCY POSITIONS UNDER THE MEDICARE

PROGRAM.—Section 1886(h)(4)(H) of the Social Security Act (42 

U.S.C. 1395ww(h)(4)(H)) is amended by adding at the end the 

following: 

‘‘(v) SPECIAL PROVIDER AGREEMENT.—If an entity 

enters into a provider agreement pursuant to section 

1866(a) to provide hospital services on the same physical site previously used by Medicare Provider No. 

05–0578— 

‘‘(I) the limitation on the number of total full 

time equivalent residents under subparagraph (F) 

and clauses (v) and (vi)(I) of subsection (d)(5)(B) 

applicable to such provider shall be equal to the 

limitation applicable under such provisions to Provider No. 05–0578 for its cost reporting period 

ending on June 30, 2006; and 

‘‘(II) the provisions of subparagraph (G) and 

subsection (d)(5)(B)(vi)(II) shall not be applicable 

to such provider for the first three cost reporting 

years in which such provider trains residents 

under any approved medical residency training 

program.’’. 

(b) TECHNICAL CORRECTION OF SECTION 422 OF MMA.— 

(1) IN GENERAL.—Section 1886(h)(7) of the Social Security 

Act (42 U.S.C. 1395ww(h)(7)) is amended— 

(A) by redesignating subparagraph (D) as subparagraph (E); and 

(B) by inserting after subparagraph (C) the following 

new subparagraph: 

‘‘(D) ADJUSTMENT BASED ON SETTLED COST REPORT.— 

In the case of a hospital with a dual accredited osteopathic 

and allopathic family practice program for which— 

‘‘(i) the otherwise applicable resident limit was 

reduced under subparagraph (A)(i)(I); and 

‘‘(ii) such reduction was based on a reference resident level that was determined using a cost report 

and where a revised or corrected notice of program 

reimbursement was issued for such cost report between 

September 1, 2006 and September 15, 2006, whether 

as a result of an appeal or otherwise, and the reference 

resident level under such settled cost report is higher 

than the level used for the reduction under subparagraph (A)(i)(I); 

the Secretary shall apply subparagraph (A)(i)(I) using the 

higher resident reference level and make any necessary 

adjustments to such reduction. Any such necessary adjustments shall be effective for portions of cost reporting 

periods occurring on or after July 1, 2005.’’. 

(2) EFFECTIVE DATE.—Subject to paragraph (3), the amendments made by paragraph (1) shall take effect as if included 

42 USC 1395ww 

note. 

Applicability. 


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121 STAT. 2190 PUBLIC LAW 110–161—DEC. 26, 2007 

in the enactment of section 422 of the Medicare Prescription 

Drug, Improvement, and Modernization Act of 2003 (Public 

Law 108–173). 

(c) OFFSETTING COSTS.— (1) IN GENERAL.—The amount of funds available to the 

Physician Assistance and Quality Initiative Fund for expenditures— 

(A) under the first sentence of section 1848(l)(2)(A) 

of the Social Security Act (42 U.S.C. 1395w–4(l)(2)(A)) is 

reduced by $500,000; and 

(B) under the first amount in the second sentence 

of such section is reduced by $24,500,000. 

(2) CONFORMING AMENDMENTS.—Section 1848(l)(2)(A) of the 

Social Security Act (42 U.S.C. 1395w–4(l)(2)(A)) is amended— 

(A) in the first sentence, by inserting after ‘‘$1,350,000,000’’ the following: ‘‘, as reduced by section 

524 and section 225(c)(1)(A) of the Departments of Labor, 

Health and Human Services, and Education, and Related 

Agencies Appropriations Act, 2008 (division G of the 

Consolidated Appropriations Act, 2008)’’; and 

(B) in the second sentence, by inserting after ‘‘$325,000,000’’ the following: ‘‘, as reduced by section 

225(c)(1)(B) of such Act,’’. 

This title may be cited as the ‘‘Department of Health and 

Human Services Appropriations Act, 2008’’. 

TITLE III 

DEPARTMENT OF EDUCATION 

EDUCATION FOR THE DISADVANTAGED

For carrying out title I of the Elementary and Secondary Education Act of 1965 (‘‘ESEA’’) and section 418A of the Higher Education Act of 1965, $15,755,083,000, of which $7,639,035,000 shall 

become available on July 1, 2008, and shall remain available 

through September 30, 2009, and of which $7,934,756,000 shall 

become available on October 1, 2008, and shall remain available 

through September 30, 2009, for academic year 2008–2009: Provided, That $6,835,271,000 shall be for basic grants under section 

1124: Provided further, That up to $4,000,000 of these funds shall 

be available to the Secretary of Education on October 1, 2007, 

to obtain annually updated local educational-agency-level census 

poverty data from the Bureau of the Census: Provided further, 

That $1,365,031,000 shall be for concentration grants under section 

1124A: Provided further, That $2,967,949,000 shall be for targeted 

grants under section 1125: Provided further, That $2,967,949,000 

shall be for education finance incentive grants under section 1125A: 

Provided further, That $9,330,000 shall be to carry out sections 

1501 and 1503: Provided further, That $1,634,000 shall be available 

for a comprehensive school reform clearinghouse. 

IMPACT AID

For carrying out programs of financial assistance to federally 

affected schools authorized by title VIII of the Elementary and 

Secondary Education Act of 1965, $1,262,778,000, of which 

$1,125,192,000 shall be for basic support payments under section 

Department of 

Education 

Appropriations 

Act, 2008. 


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PUBLIC LAW 110–161—DEC. 26, 2007 121 STAT. 2191 

8003(b), $49,466,000 shall be for payments for children with disabilities under section 8003(d), $17,820,000 shall be for construction 

under section 8007(b) and shall remain available through September 30, 2009, $65,350,000 shall be for Federal property payments under section 8002, and $4,950,000, to remain available 

until expended, shall be for facilities maintenance under section 

8008: Provided, That for purposes of computing the amount of 

a payment for an eligible local educational agency under section 

8003(a) for school year 2007–2008, children enrolled in a school 

of such agency that would otherwise be eligible for payment under 

section 8003(a)(1)(B) of such Act, but due to the deployment of 

both parents or legal guardians, or a parent or legal guardian 

having sole custody of such children, or due to the death of a 

military parent or legal guardian while on active duty (so long 

as such children reside on Federal property as described in section 

8003(a)(1)(B)), are no longer eligible under such section, shall be 

considered as eligible students under such section, provided such 

students remain in average daily attendance at a school in the 

same local educational agency they attended prior to their change 

in eligibility status. 

SCHOOL IMPROVEMENT PROGRAMS

For carrying out school improvement activities authorized by 

title II, part B of title IV, subparts 6 and 9 of part D of title 

V, parts A and B of title VI, and parts B and C of title VII 

of the Elementary and Secondary Education Act of 1965 (‘‘ESEA’’); 

the McKinney-Vento Homeless Assistance Act; section 203 of the 

Educational Technical Assistance Act of 2002; the Compact of Free 

Association Amendments Act of 2003; and the Civil Rights Act 

of 1964, $5,383,119,000, of which $3,763,355,000 shall become available on July 1, 2008, and remain available through September 

30, 2009, and of which $1,435,000,000 shall become available on 

October 1, 2008, and shall remain available through September 

30, 2009, for academic year 2008–2009: Provided, That funds made 

available to carry out part B of title VII of the ESEA may be 

used for construction, renovation and modernization of any 

elementary school, secondary school, or structure related to an 

elementary school or secondary school, run by the Department 

of Education of the State of Hawaii, that serves a predominantly 

Native Hawaiian student body: Provided further, That from the 

funds referred to in the preceding proviso, not less than $1,250,000 

shall be for a grant to the Department of Education of the State 

of Hawaii for the activities described in such proviso, and $1,250,000 

shall be for a grant to the University of Hawaii School of Law 

for a Center of Excellence in Native Hawaiian law: Provided further, 

That funds made available to carry out part C of title VII of 

the ESEA may be used for construction: Provided further, That 

up to 100 percent of the funds available to a State educational 

agency under part D of title II of the ESEA may be used for 

subgrants described in section 2412(a)(2)(B) of such Act: Provided 

further, That $58,129,000 shall be available to carry out section 

203 of the Educational Technical Assistance Act of 2002: Provided 

further, That $33,707,000 shall be available to carry out part D 

of title V of the ESEA: Provided further, That no funds appropriated 

under this heading may be used to carry out section 5494 under 

the ESEA: Provided further, That $18,001,000 shall be available 


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to carry out the Supplemental Education Grants program for the 

Federated States of Micronesia and the Republic of the Marshall 

Islands: Provided further, That up to 5 percent of these amounts 

may be reserved by the Federated States of Micronesia and the 

Republic of the Marshall Islands to administer the Supplemental 

Education Grants programs and to obtain technical assistance, oversight and consultancy services in the administration of these grants 

and to reimburse the United States Departments of Labor, Health 

and Human Services, and Education for such services: Provided 

further, That $2,400,000 of the funds available for the Foreign 

Language Assistance Program shall be available for 5-year grants 

to local educational agencies that would work in partnership with 

one or more institutions of higher education to establish or expand 

articulated programs of study in languages critical to United States 

national security that will enable successful students to advance 

from elementary school through college to achieve a superior level 

of proficiency in those languages. 

INDIAN EDUCATION

For expenses necessary to carry out, to the extent not otherwise 

provided, title VII, part A of the Elementary and Secondary Education Act of 1965, $121,690,000. 

INNOVATION AND IMPROVEMENT

For carrying out activities authorized by part G of title I, 

subpart 5 of part A and parts C and D of title II, parts B, C, 

and D of title V, and section 1504 of the Elementary and Secondary 

Education Act of 1965 (‘‘ESEA’’), $1,003,040,000: Provided, That 

$9,821,000 shall be provided to the National Board for Professional 

Teaching Standards to carry out section 2151(c) of the ESEA: Provided further, That from funds for subpart 4, part C of title II, 

up to 3 percent shall be available to the Secretary for technical 

assistance and dissemination of information: Provided further, That 

$357,059,000 shall be available to carry out part D of title V 

of the ESEA: Provided further, That $100,573,000 of the funds 

for subpart 1, part D of title V of the ESEA shall be available 

for the projects and in the amounts specified in the explanatory 

statement described in section 4 (in the matter preceding division 

A of this consolidated Act): Provided further, That $99,000,000 

of the funds for subpart 1 shall be for competitive grants to local 

educational agencies, including charter schools that are local educational agencies, or States, or partnerships of: (1) a local educational agency, a State, or both; and (2) at least one non-profit 

organization to develop and implement performance-based teacher 

and principal compensation systems in high-need schools: Provided 

further, That such performance-based compensation systems must 

consider gains in student academic achievement as well as classroom evaluations conducted multiple times during each school year 

among other factors and provide educators with incentives to take 

on additional responsibilities and leadership roles: Provided further, 

That up to 5 percent of such funds for competitive grants shall 

be available for technical assistance, training, peer review of 

applications, program outreach and evaluation activities: Provided 

further, That of the funds available for part B of title V, the 

Secretary shall use up to $24,783,000 to carry out activities under 

section 5205(b) and under subpart 2, and shall use not less than 


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$190,000,000 to carry out other activities authorized under subpart 

1. 

SAFE SCHOOLS AND CITIZENSHIP EDUCATION

For carrying out activities authorized by subpart 3 of part 

C of title II, part A of title IV, and subparts 2, 3, and 10 of 

part D of title V of the Elementary and Secondary Education 

Act of 1965 (‘‘ESEA’’), $705,733,000, of which $300,000,000 shall 

become available on July 1, 2008, and remain available through 

September 30, 2009: Provided, That $300,000,000 shall be available 

for subpart 1 of part A of title IV and $222,519,000 shall be 

available for subpart 2 of part A of title IV, of which not less 

than $1,500,000, to remain available until expended, shall be for 

the Project School Emergency Response to Violence (‘‘Project SERV’’) 

program to provide education-related services to local educational 

agencies and to institutions of higher education in which the 

learning environment has been disrupted due to a violent or traumatic crisis: Provided further, That Project SERV funds appropriated in previous fiscal years may be used to provide services 

to local educational agencies and to institutions of higher education 

in which the learning environment has been disrupted due to a 

violent or traumatic crisis: Provided further, That $150,729,000 

shall be available to carry out part D of title V of the ESEA: 

Provided further, That of the funds available to carry out subpart 3 of part C of title II, up to $12,072,000 may be used to carry 

out section 2345 and $2,950,000 shall be used by the Center for 

Civic Education to implement a comprehensive program to improve 

public knowledge, understanding, and support of the Congress and 

the State legislatures. 

ENGLISH LANGUAGE ACQUISITION

For carrying out part A of title III of the Elementary and 

Secondary Education Act of 1965, $712,848,000, which shall become 

available on July 1, 2008, and shall remain available through 

September 30, 2009, except that 6.5 percent of such amount shall 

be available on October 1, 2007, and shall remain available through 

September 30, 2009, to carry out activities under section 

3111(c)(1)(C). 

SPECIAL EDUCATION

For carrying out the Individuals with Disabilities Education 

Act (‘‘IDEA’’) and the Special Olympics Sport and Empowerment 

Act of 2004, $12,181,473,000, of which $5,084,406,000 shall become 

available on July 1, 2008, and shall remain available through 

September 30, 2009, and of which $6,856,444,000 shall become 

available on October 1, 2008, and shall remain available through 

September 30, 2009, for academic year 2008–2009: Provided, That 

$13,000,000 shall be for Recording for the Blind and Dyslexic, 

Inc., to support activities under section 674(c)(1)(D) of the IDEA: 

Provided further, That $1,500,000 shall be for the recipient of 

funds provided by Public Law 105–78 under section 687(b)(2)(G) 

of the IDEA (as in effect prior to the enactment of the Individuals 

with Disabilities Education Improvement Act of 2004) to provide 

information on diagnosis, intervention, and teaching strategies for 

children with disabilities: Provided further, That the amount for 


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section 611(b)(2) of the IDEA shall be equal to the lesser of the 

amount available for that activity during fiscal year 2007, increased 

by the amount of inflation as specified in section 619(d)(2)(B) of 

the IDEA, or the percentage increase in the funds appropriated 

under section 611(i) of the IDEA: Provided further, That nothing 

in section 674(e) of the IDEA shall be construed to establish a 

private right of action against the National Instructional Materials 

Access Center for failure to perform the duties of such center 

or otherwise authorize a private right of action related to the 

performance of such center: Provided further, That $7,500,000 shall 

be available to support the 2009 Special Olympics World Winter 

Games. 

REHABILITATION SERVICES AND DISABILITY RESEARCH

For carrying out, to the extent not otherwise provided, the 

Rehabilitation Act of 1973, the Assistive Technology Act of 1998, 

and the Helen Keller National Center Act, $3,283,929,000, of which 

$1,000,000 shall be awarded to the American Academy of Orthotists 

and Prosthetists for activities that further the purposes of the 

grant received by the Academy for the period beginning October 

1, 2003, including activities to meet the demand for orthotic and 

prosthetic provider services and improve patient care: Provided, 

That $3,155,000 of the funds for section 303 of the Rehabilitation 

Act of 1973 shall be available for the projects and in the amounts 

specified in the explanatory statement described in section 4 (in 

the matter preceding division A of this consolidated Act). 

SPECIAL INSTITUTIONS FOR PERSONS WITH DISABILITIES

AMERICAN PRINTING HOUSE FOR THE BLIND

For carrying out the Act of March 3, 1879, $22,000,000. 

NATIONAL TECHNICAL INSTITUTE FOR THE DEAF

For the National Technical Institute for the Deaf under titles 

I and II of the Education of the Deaf Act of 1986, $60,757,000, 

of which $1,705,000 shall be for construction and shall remain 

available until expended: Provided, That from the total amount 

available, the Institute may at its discretion use funds for the 

endowment program as authorized under section 207 of such Act. 

GALLAUDET UNIVERSITY

For the Kendall Demonstration Elementary School, the Model 

Secondary School for the Deaf, and the partial support of Gallaudet 

University under titles I and II of the Education of the Deaf 

Act of 1986, $115,400,000: Provided, That from the total amount 

available, the University may at its discretion use funds for the 

endowment program as authorized under section 207. 

CAREER, TECHNICAL, AND ADULT EDUCATION

For carrying out, to the extent not otherwise provided, the 

Carl D. Perkins Career and Technical Education Act of 2006, the 

Adult Education and Family Literacy Act, subpart 4 of part D 

of title V of the Elementary and Secondary Education Act of 1965 

(‘‘ESEA’’) and title VIII–D of the Higher Education Amendments 


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of 1998, $1,976,166,000, of which $4,077,000 shall become available 

on October 1, 2007 and remain available until September 30, 2009, 

of which $1,181,089,000 shall become available on July 1, 2008, 

and shall remain available through September 30, 2009, and of 

which $791,000,000 shall become available on October 1, 2008, 

and shall remain available through September 30, 2009: Provided, 

That of the amount provided for Adult Education State Grants, 

$67,896,000 shall be made available for integrated English literacy 

and civics education services to immigrants and other limited 

English proficient populations: Provided further, That of the amount 

reserved for integrated English literacy and civics education, notwithstanding section 211 of the Adult Education and Family Literacy Act, 65 percent shall be allocated to States based on a State’s 

absolute need as determined by calculating each State’s share of 

a 10-year average of the United States Citizenship and Immigration 

Services data for immigrants admitted for legal permanent residence for the 10 most recent years, and 35 percent allocated to 

States that experienced growth as measured by the average of 

the 3 most recent years for which United States Citizenship and 

Immigration Services data for immigrants admitted for legal permanent residence are available, except that no State shall be allocated 

an amount less than $60,000: Provided further, That of the amounts 

made available for the Adult Education and Family Literacy Act, 

$7,000,000 shall be for national leadership activities under section 

243 and $6,583,000 shall be for the National Institute for Literacy 

under section 242: Provided further, That $81,532,000 shall be 

available to support the activities authorized under subpart 4 of 

part D of title V of the ESEA, of which up to 5 percent shall 

become available October 1, 2007, and shall remain available 

through September 30, 2009, for evaluation, technical assistance, 

school networks, peer review of applications, and program outreach 

activities, and of which not less than 95 percent shall become 

available on July 1, 2008, and remain available through September 

30, 2009, for grants to local educational agencies: Provided further, 

That funds made available to local educational agencies under 

this subpart shall be used only for activities related to establishing 

smaller learning communities within large high schools or small 

high schools that provide alternatives for students enrolled in large 

high schools. 

STUDENT FINANCIAL ASSISTANCE

(INCLUDING RESCISSION) 

For carrying out subparts 1, 3, and 4 of part A, part C and 

part E of title IV of the Higher Education Act of 1965, 

$16,114,317,000, which shall remain available through September 

30, 2009. 

The maximum Pell Grant for which a student shall be eligible 

during award year 2008–2009 shall be $4,241. 

Of the unobligated funds available under section 401A(e)(1)(C) of the Higher Education Act of 1965, $525,000,000 are rescinded. 

STUDENT AID ADMINISTRATION

For Federal administrative expenses to carry out part D of 

title I, and subparts 1, 3, and 4 of part A, and parts B, C, D, 

20 USC 1070a 

note. 


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121 STAT. 2196 PUBLIC LAW 110–161—DEC. 26, 2007 

and E of title IV of the Higher Education Act of 1965, $708,216,000, 

which shall remain available until expended. 

HIGHER EDUCATION

For carrying out, to the extent not otherwise provided, titles 

II, III, IV, V, VI, and VII of the Higher Education Act of 1965 

(‘‘HEA’’), section 1543 of the Higher Education Amendments of 

1992, the Mutual Educational and Cultural Exchange Act of 1961, 

title VIII of the Higher Education Amendments of 1998, part I 

of subtitle A of title VI of the America COMPETES Act, and 

section 117 of the Carl D. Perkins Career and Technical Education 

Act of 2006, $2,057,801,000: Provided, That $9,699,000, to remain 

available through September 30, 2009, shall be available to fund 

fellowships for academic year 2009–2010 under subpart 1 of part 

A of title VII of the HEA, under the terms and conditions of 

such subpart 1: Provided further, That $620,000 is for data collection 

and evaluation activities for programs under the HEA, including 

such activities needed to comply with the Government Performance 

and Results Act of 1993: Provided further, That notwithstanding 

any other provision of law, funds made available in this Act to 

carry out title VI of the HEA and section 102(b)(6) of the Mutual 

Educational and Cultural Exchange Act of 1961 may be used to 

support visits and study in foreign countries by individuals who 

are participating in advanced foreign language training and international studies in areas that are vital to United States national 

security and who plan to apply their language skills and knowledge 

of these countries in the fields of government, the professions, 

or international development: Provided further, That of the funds 

referred to in the preceding proviso up to 1 percent may be used 

for program evaluation, national outreach, and information dissemination activities: Provided further, That the funds provided for 

title II of the HEA shall be allocated notwithstanding section 210 

of such Act: Provided further, That $100,668,000 of the funds for 

part B of title VII of the Higher Education Act of 1965 shall 

be available for the projects and in the amounts specified in the 

explanatory statement described in section 4 (in the matter preceding division A of this consolidated Act). 

HOWARD UNIVERSITY

For partial support of Howard University, $237,392,000, of 

which not less than $3,526,000 shall be for a matching endowment 

grant pursuant to the Howard University Endowment Act (Public 

Law 98–480) and shall remain available until expended. 

COLLEGE HOUSING AND ACADEMIC FACILITIES LOANS PROGRAM

For Federal administrative expenses to carry out activities 

related to existing facility loans pursuant to section 121 of the 

Higher Education Act of 1965, $481,000. 

HISTORICALLY BLACK COLLEGE AND UNIVERSITY CAPITAL

FINANCING PROGRAM ACCOUNT

For administrative expenses to carry out the Historically Black 

College and University Capital Financing Program entered into 


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pursuant to part D of title III of the Higher Education Act of 

1965, $188,000. 

INSTITUTE OF EDUCATION SCIENCES

For carrying out activities authorized by the Education Sciences 

Reform Act of 2002, the National Assessment of Educational 

Progress Authorization Act, section 208 of the Educational Technical 

Assistance Act of 2002, and section 664 of the Individuals with 

Disabilities Education Act, $555,815,000, of which $293,155,000 

shall be available until September 30, 2009: Provided, That of 

the amount available to carry out section 208 of the Educational 

Technical Assistance Act, up to $5,000,000 may be used for State 

data coordinators and for awards to entities, including entities 

other than States, to improve data coordination. 

DEPARTMENTAL MANAGEMENT

PROGRAM ADMINISTRATION

For carrying out, to the extent not otherwise provided, the 

Department of Education Organization Act, including rental of conference rooms in the District of Columbia and hire of three passenger motor vehicles, $418,587,000, of which $2,100,000, to remain 

available until expended, shall be for building alterations and 

related expenses for the move of Department staff to the Mary 

E. Switzer building in Washington, DC. 

OFFICE FOR CIVIL RIGHTS

For expenses necessary for the Office for Civil Rights, as authorized by section 203 of the Department of Education Organization 

Act, $91,205,000. 

OFFICE OF THE INSPECTOR GENERAL

For expenses necessary for the Office of the Inspector General, 

as authorized by section 212 of the Department of Education 

Organization Act, $51,753,000. 

GENERAL PROVISIONS

SEC. 301. No funds appropriated in this Act may be used 

for the transportation of students or teachers (or for the purchase 

of equipment for such transportation) in order to overcome racial 

imbalance in any school or school system, or for the transportation 

of students or teachers (or for the purchase of equipment for such 

transportation) in order to carry out a plan of racial desegregation 

of any school or school system. 

SEC. 302. None of the funds contained in this Act shall be 

used to require, directly or indirectly, the transportation of any 

student to a school other than the school which is nearest the 

student’s home, except for a student requiring special education, 

to the school offering such special education, in order to comply 

with title VI of the Civil Rights Act of 1964. For the purpose 

of this section an indirect requirement of transportation of students 

includes the transportation of students to carry out a plan involving 

the reorganization of the grade structure of schools, the pairing 

of schools, or the clustering of schools, or any combination of grade 

Racial 

desegregation. 


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121 STAT. 2198 PUBLIC LAW 110–161—DEC. 26, 2007 

restructuring, pairing or clustering. The prohibition described in 

this section does not include the establishment of magnet schools. 

SEC. 303. No funds appropriated in this Act may be used 

to prevent the implementation of programs of voluntary prayer 

and meditation in the public schools. 

(TRANSFER OF FUNDS) 

SEC. 304. Not to exceed 1 percent of any discretionary funds 

(pursuant to the Balanced Budget and Emergency Deficit Control 

Act of 1985) which are appropriated for the Department of Education in this Act may be transferred between appropriations, but 

no such appropriation shall be increased by more than 3 percent 

by any such transfer: Provided, That the transfer authority granted 

by this section shall be available only to meet emergency needs 

and shall not be used to create any new program or to fund 

any project or activity for which no funds are provided in this 

Act: Provided further, That the Committees on Appropriations of 

the House of Representatives and the Senate are notified at least 

15 days in advance of any transfer. 

SEC. 305. None of the funds made available in this Act may 

be used to promulgate, implement, or enforce any revision to the 

regulations in effect under section 496 of the Higher Education 

Act of 1965 on June 1, 2007, until legislation specifically requiring 

such revision is enacted. 

SEC. 306. (a) MAINTENANCE OF INTEGRITY AND ETHICAL VALUES

WITHIN DEPARTMENT OF EDUCATION.—Within 60 days after the 

enactment of this Act, the Secretary of Education shall implement 

procedures— 

(1) to assess whether a covered individual or entity has 

a potential financial interest in, or impaired objectivity towards, 

a product or service purchased with, or guaranteed or insured 

by, funds administered by the Department of Education or 

a contracted entity of the Department; and 

(2) to disclose the existence of any such potential financial 

interest or impaired objectivity. 

(b) REVIEW BY INSPECTOR GENERAL.— (1) Within 60 days after the implementation of the procedures described in subsection (a), the Inspector General of 

the Department of Education shall report to the Committees 

on Appropriations of the House of Representatives and the 

Senate on the adequacy of such procedures. 

(2) Within 1 year, the Inspector General shall conduct 

at least 1 review to ensure that such procedures are properly 

implemented and are effective to uncover and disclose the existence of potential financial interests or impaired objectivity 

described in subsection (a). 

(3) The Inspector General shall report to such Committees 

any recommendations for modifications to such procedures that 

the Inspector General determines are necessary to uncover 

and disclose the existence of such potential financial interests 

or impaired objectivity. 

(c) DEFINITION.—For purposes of this section, the term ‘‘covered 

individual or entity’’ means— 

(1) an officer or professional employee of the Department 

of Education; 

(2) a contractor or subcontractor of the Department, or 

an individual hired by the contracted entity; 

Reports. 

Deadlines. 

20 USC 3490. 

Procedures. 

Notification. 

Deadline. 


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PUBLIC LAW 110–161—DEC. 26, 2007 121 STAT. 2199 

(3) a member of a peer review panel of the Department; 

or 

(4) a consultant or advisor to the Department. 

SEC. 307. (a) Notwithstanding section 8013(9)(B) of the 

Elementary and Secondary Education Act of 1965, North Chicago 

Community Unit School District 187, North Shore District 112, 

and Township High School District 113 in Lake County, Illinois, 

and Glenview Public School District 34 and Glenbrook High School 

District 225 in Cook County, Illinois, shall be considered local 

educational agencies as such term is used in and for purposes 

of title VIII of such Act for fiscal years 2008 and 2009. 

(b) Notwithstanding any other provision of law, federally connected children (as determined under section 8003(a) of the 

Elementary and Secondary Education Act of 1965) who are in 

attendance in the North Shore District 112, Township High School 

District 113, Glenview Public School District 34, and Glenbrook 

High School District 225 described in subsection (a), shall be considered to be in attendance in the North Chicago Community Unit 

School District 187 described in subsection (a) for purposes of computing the amount that the North Chicago Community Unit School 

District 187 is eligible to receive under subsection (b) or (d) of 

such section for fiscal years 2008 and 2009 if— 

(1) such school districts have entered into an agreement 

for such students to be so considered and for the equitable 

apportionment among all such school districts of any amount 

received by the North Chicago Community Unit School District 

187 under such section; and 

(2) any amount apportioned among all such school districts 

pursuant to paragraph (1) is used by such school districts 

only for the direct provision of educational services. 

SEC. 308. Prior to January 1, 2008, the Secretary of Education 

may not terminate any voluntary flexible agreement under section 

428A of the Higher Education Act of 1965 that existed on October 

1, 2007. With respect to an entity with which the Secretary of 

Education had a voluntary flexible agreement under section 428A 

of the Higher Education Act of 1965 on October 1, 2007 that 

is not cost neutral, if the Secretary terminates such agreement 

on or after January 1, 2008, the Secretary of Education shall, 

not later than March 31, 2008, negotiate to enter, and enter, into 

a new voluntary flexible agreement with such entity so that the 

agreement is cost neutral, unless such entity does not want to 

enter into such agreement. 

SEC. 309. Notwithstanding section 102(a)(4)(A) of the Higher 

Education Act of 1965, the Secretary of Education shall not take 

into account a bankruptcy petition filed in the United States Bankruptcy Court for the Northern District of New York on February 

21, 2001, in determining whether a nonprofit educational institution 

that is a subsidiary of an entity that filed such petition meets 

the definition of an ‘‘institution of higher education’’ under section 

102 of that Act. 

(RESCISSION OF FUNDS) 

SEC. 310. Of the unobligated balances available under the 

Federal Direct Student Loan Program Administration authorized 

by section 458 of the Higher Education Act and the Higher Education Reconciliation Act of 2005, $25,000,000 are rescinded. 

SEC. 311. The Secretary of Education shall— 


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(1) deem each local educational agency that received a 

fiscal year 2007 basic support payment for heavily impacted 

local educational agencies under section 8003(b)(2) of the 

Elementary and Secondary Education Act of 1965 (20 U.S.C. 

7703(b)(2)) as eligible to receive a fiscal year 2008 basic support 

payment for heavily impacted local educational agencies under 

such section; and 

(2) make a payment to such local educational agency under 

such section for fiscal year 2008. 

This title may be cited as the ‘‘Department of Education Appropriations Act, 2008’’. 

TITLE IV 

RELATED AGENCIES 

COMMITTEE FOR PURCHASE FROM PEOPLE WHO ARE BLIND OR

SEVERELY DISABLED

SALARIES AND EXPENSES

For expenses necessary of the Committee for Purchase From 

People Who Are Blind or Severely Disabled established by Public 

Law 92–28, $4,994,000. 

CORPORATION FOR NATIONAL AND COMMUNITY SERVICE

OPERATING EXPENSES

(INCLUDING TRANSFER OF FUNDS) 

For necessary expenses for the Corporation for National and 

Community Service to carry out the Domestic Volunteer Service 

Act of 1973 (‘‘1973 Act’’) and the National and Community Service 

Act of 1990 (‘‘1990 Act’’), $796,662,000, of which $313,054,000 is 

to carry out the 1973 Act and $483,608,000 is to carry out the 

1990 Act: Provided, That $24,205,000 of the amount provided under 

this heading shall remain available until September 30, 2009 to 

carry out subtitle E of the 1990 Act: Provided further, That up 

to 1 percent of program grant funds may be used to defray the 

costs of conducting grant application reviews, including the use 

of outside peer reviewers and electronic management of the grants 

cycle: Provided further, That none of the funds made available 

under this heading for activities authorized by section 122 and 

part E of title II of the 1973 Act shall be used to provide stipends 

or other monetary incentives to program participants or volunteer 

leaders whose incomes exceed the income guidelines in subsections 

211(e) and 213(b) of the 1973 Act: Provided further, That notwithstanding subtitle H of title I of the 1990 Act, none of the funds 

provided for quality and innovation activities shall be used to support salaries and related expenses (including travel) attributable 

to Corporation for National and Community Service employees: 

Provided further, That, for fiscal year 2008 and thereafter, in addition to amounts otherwise provided to the National Service Trust 

under this heading, at no later than the end of the fifth fiscal 

year after the fiscal year for which funds are appropriated or 

otherwise made available, unobligated balances of appropriations 

available for grants under the National Service Trust Program 

42 USC 12601a. 


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under subtitle C of title I of the 1990 Act during such fiscal 

year may be transferred to the National Service Trust after notice 

is transmitted to Congress, if such funds are initially obligated 

before the expiration of their period of availability as provided 

in this Act: Provided further, That of the amounts provided under 

this heading: (1) not less than $124,718,000, to remain available 

until expended, to be transferred to the National Service Trust 

for educational awards authorized under subtitle D of title I of 

the 1990 Act: Provided further, That in addition to these funds, 

the Corporation may transfer funds from the amount provided 

for AmeriCorps grants under the National Service Trust Program, 

to the National Service Trust authorized under subtitle D of title 

I of the 1990 Act, upon determination that such transfer is necessary to support the activities of national service participants 

and after notice is transmitted to the Congress; (2) not more than 

$55,000,000 of funding provided for grants under the National 

Service Trust program authorized under subtitle C of title I of 

the 1990 Act may be used to administer, reimburse, or support 

any national service program authorized under section 129(d)(2) 

of such Act; (3) $12,000,000 shall be to provide assistance to State 

commissions on national and community service, under section 

126(a) of the 1990 Act and notwithstanding section 501(a)(4) of 

the 1990 Act; and (4) not less than $5,000,000 shall be for the 

acquisition, renovation, equipping and startup costs for a campus 

located in Vinton, Iowa and a campus in Vicksburg, Mississippi 

to carry out subtitle E of title I of the 1990 Act. 

SALARIES AND EXPENSES

For necessary expenses of administration as provided under 

section 501(a)(4) of the National and Community Service Act of 

1990 and under section 504(a) of the Domestic Volunteer Service 

Act of 1973, including payment of salaries, authorized travel, hire 

of passenger motor vehicles, the rental of conference rooms in 

the District of Columbia, the employment of experts and consultants 

authorized under 5 U.S.C. 3109, and not to exceed $2,500 for 

official reception and representation expenses, $68,964,000. 

OFFICE OF INSPECTOR GENERAL

For necessary expenses of the Office of Inspector General in 

carrying out the Inspector General Act of 1978, $5,932,000. 

ADMINISTRATIVE PROVISIONS

SEC. 401. Notwithstanding any other provision of law, the 

term ‘‘qualified student loan’’ with respect to national service education awards shall mean any loan determined by an institution 

of higher education to be necessary to cover a student’s cost of 

attendance at such institution and made, insured, or guaranteed 

directly to a student by a State agency, in addition to other 

meanings under section 148(b)(7) of the National and Community 

Service Act. 

SEC. 402. Notwithstanding any other provision of law, funds 

made available under section 129(d)(5)(B) of the National and 

Community Service Act of 1990 to assist entities in placing 

applicants who are individuals with disabilities may be provided 

to any entity that receives a grant under section 121 of the Act. 


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121 STAT. 2202 PUBLIC LAW 110–161—DEC. 26, 2007 

SEC. 403. The Corporation for National and Community Service 

shall make any significant changes to program requirements, 

service delivery or policy only through public notice and comment 

rulemaking. For fiscal year 2008, during any grant selection process, 

an officer or employee of the Corporation shall not knowingly disclose any covered grant selection information regarding such selection, directly or indirectly, to any person other than an officer 

or employee of the Corporation that is authorized by the Corporation 

to receive such information. 

SEC. 404. Professional Corps programs described in section 

122(a)(8) of the National and Community Service Act of 1990 may 

apply to the Corporation for a waiver of application of section 

140(c)(2). 

SEC. 405. Notwithstanding section 1342 of title 31, United 

States Code, the Corporation may solicit and accept the services 

of organizations and individuals (other than participants) to assist 

the Corporation in carrying out the duties of the Corporation under 

the national service laws: Provided, That an individual who provides 

services under this section shall be subject to the same protections 

and limitations as volunteers under section 196(a) of the National 

and Community Service Act of 1990. 

SEC. 406. Organizations operating projects under the 

AmeriCorps Education Awards Program shall do so without regard 

to the requirements of sections 121(d) and (e), 131(e), 132, and 

140(a), (d), and (e) of the National and Community Service Act 

of 1990. 

SEC. 407. AmeriCorps programs receiving grants under the 

National Service Trust program shall meet an overall minimum 

share requirement of 24 percent for the first three years that 

they receive AmeriCorps funding, and thereafter shall meet the 

overall minimum share requirement as provided in section 2521.60 

of title 45, Code of Federal Regulations, without regard to the 

operating costs match requirement in section 121(e) or the member 

support Federal share limitations in section 140 of the National 

and Community Service Act of 1990, and subject to partial waiver 

consistent with section 2521.70 of title 45, Code of Federal Regulations. 

SEC. 408. Notwithstanding any other provision of law, formulabased grants to States and territories under section 129(a)(1)– 

(2) of the 1990 Act to operate AmeriCorps programs may be made 

if the application describes proposed positions into which participants will be placed, the proposed minimum qualifications of such 

participants, and an assurance that the State will select national 

service programs for subgrants on a competitive basis, and an 

assurance that the aforementioned information will be provided 

for each subgrant awarded prior to the execution of such subgrants. 

CORPORATION FOR PUBLIC BROADCASTING

For payment to the Corporation for Public Broadcasting, as 

authorized by the Communications Act of 1934, an amount which 

shall be available within limitations specified by that Act, for the 

fiscal year 2010, $420,000,000: Provided, That no funds made available to the Corporation for Public Broadcasting by this Act shall 

be used to pay for receptions, parties, or similar forms of entertainment for Government officials or employees: Provided further, That 

none of the funds contained in this paragraph shall be available 

Notice. 


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or used to aid or support any program or activity from which 

any person is excluded, or is denied benefits, or is discriminated 

against, on the basis of race, color, national origin, religion, or 

sex: Provided further, That no funds made available to the Corporation for Public Broadcasting by this Act shall be used to apply 

any political test or qualification in selecting, appointing, promoting, 

or taking any other personnel action with respect to officers, agents, 

and employees of the Corporation: Provided further, That for fiscal 

year 2008, in addition to the amounts provided above, $29,700,000 

shall be for costs related to digital program production, development, and distribution, associated with the transition of public 

broadcasting to digital broadcasting, to be awarded as determined 

by the Corporation in consultation with public radio and television 

licensees or permittees, or their designated representatives: Provided further, That for fiscal year 2008, in addition to the amounts 

provided above, $26,750,000 is available pursuant to section 

396(k)(10) of the Communications Act of 1934 for replacement and 

upgrade of the public radio interconnection system: Provided further, That none of the funds made available to the Corporation 

for Public Broadcasting by this Act, the Continuing Appropriations 

Resolution, 2007 (Public Law 110–5), or the Departments of Labor, 

Health and Human Services, and Education, and Related Agencies 

Appropriations Act, 2006 (Public Law 109–149), shall be used to 

support the Television Future Fund or any similar purpose. 

FEDERAL MEDIATION AND CONCILIATION SERVICE

SALARIES AND EXPENSES

For expenses necessary for the Federal Mediation and Conciliation Service to carry out the functions vested in it by the Labor 

Management Relations Act, 1947, including hire of passenger motor 

vehicles; for expenses necessary for the Labor-Management 

Cooperation Act of 1978; and for expenses necessary for the Service 

to carry out the functions vested in it by the Civil Service Reform 

Act, Public Law 95–454, $43,800,000: Provided, That notwithstanding 31 U.S.C. 3302, fees charged, up to full-cost recovery, 

for special training activities and other conflict resolution services 

and technical assistance, including those provided to foreign governments and international organizations, and for arbitration services 

shall be credited to and merged with this account, and shall remain 

available until expended: Provided further, That fees for arbitration 

services shall be available only for education, training, and professional development of the agency workforce: Provided further, That 

the Director of the Service is authorized to accept and use on 

behalf of the United States gifts of services and real, personal, 

or other property in the aid of any projects or functions within 

the Director’s jurisdiction. 

FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION

SALARIES AND EXPENSES

For expenses necessary for the Federal Mine Safety and Health 

Review Commission, $8,096,000. 


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INSTITUTE OF MUSEUM AND LIBRARY SERVICES

OFFICE OF MUSEUM AND LIBRARY SERVICES: GRANTS AND

ADMINISTRATION

For carrying out the Museum and Library Services Act of 

1996 and the National Museum of African American History and 

Culture Act, $268,193,000, of which $18,610,000 shall be available 

for library, museum and related projects and in the amounts specified in the explanatory statement described in section 4 (in the 

matter preceding division A of this consolidated Act): Provided, 

That funds may be made available for support through inter-agency 

agreement or grant to commemorative Federal commissions that 

support museum and library activities, in partnership with libraries 

and museums that are eligible for funding under programs carried 

out by the Institute of Museum and Library Services. 

MEDICARE PAYMENT ADVISORY COMMISSION

SALARIES AND EXPENSES

For expenses necessary to carry out section 1805 of the Social Security Act, $10,748,000, to be transferred to this appropriation 

from the Federal Hospital Insurance and the Federal Supplementary Medical Insurance Trust Funds. 

NATIONAL COMMISSION ON LIBRARIES AND INFORMATION SCIENCE

SALARIES AND EXPENSES

For close out activities of the National Commission on Libraries 

and Information Science, established by the Act of July 20, 1970 

(Public Law 91–345, as amended), $400,000. 

NATIONAL COUNCIL ON DISABILITY

SALARIES AND EXPENSES

For expenses necessary for the National Council on Disability 

as authorized by title IV of the Rehabilitation Act of 1973, 

$3,113,000. 

NATIONAL LABOR RELATIONS BOARD

SALARIES AND EXPENSES

For expenses necessary for the National Labor Relations Board 

to carry out the functions vested in it by the Labor-Management 

Relations Act, 1947, and other laws, $256,238,000: Provided, That 

no part of this appropriation shall be available to organize or 

assist in organizing agricultural laborers or used in connection 

with investigations, hearings, directives, or orders concerning bargaining units composed of agricultural laborers as referred to in 

section 2(3) of the Act of July 5, 1935, and as amended by the 

Labor-Management Relations Act, 1947, and as defined in section 

3(f) of the Act of June 25, 1938, and including in said definition 

employees engaged in the maintenance and operation of ditches, 

canals, reservoirs, and waterways when maintained or operated 

on a mutual, nonprofit basis and at least 95 percent of the water 

stored or supplied thereby is used for farming purposes. 


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NATIONAL MEDIATION BOARD

SALARIES AND EXPENSES

For expenses necessary to carry out the provisions of the Railway Labor Act, including emergency boards appointed by the President, $12,911,000. 

OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION

SALARIES AND EXPENSES

For expenses necessary for the Occupational Safety and Health 

Review Commission, $10,696,000. 

RAILROAD RETIREMENT BOARD

DUAL BENEFITS PAYMENTS ACCOUNT

For payment to the Dual Benefits Payments Account, authorized under section 15(d) of the Railroad Retirement Act of 1974, 

$79,000,000, which shall include amounts becoming available in 

fiscal year 2008 pursuant to section 224(c)(1)(B) of Public Law 

98–76; and in addition, an amount, not to exceed 2 percent of 

the amount provided herein, shall be available proportional to the 

amount by which the product of recipients and the average benefit 

received exceeds the amount available for payment of vested dual 

benefits: Provided, That the total amount provided herein shall 

be credited in 12 approximately equal amounts on the first day 

of each month in the fiscal year. 

FEDERAL PAYMENTS TO THE RAILROAD RETIREMENT ACCOUNTS

For payment to the accounts established in the Treasury for 

the payment of benefits under the Railroad Retirement Act for 

interest earned on unnegotiated checks, $150,000, to remain available through September 30, 2009, which shall be the maximum 

amount available for payment pursuant to section 417 of Public 

Law 98–76. 

LIMITATION ON ADMINISTRATION

For necessary expenses for the Railroad Retirement Board for 

administration of the Railroad Retirement Act and the Railroad 

Unemployment Insurance Act, $103,694,000, to be derived in such 

amounts as determined by the Board from the railroad retirement 

accounts and from moneys credited to the railroad unemployment 

insurance administration fund. 

LIMITATION ON THE OFFICE OF INSPECTOR GENERAL

For expenses necessary for the Office of Inspector General 

for audit, investigatory and review activities, as authorized by the 

Inspector General Act of 1978, not more than $7,173,000, to be 

derived from the railroad retirement accounts and railroad 

unemployment insurance account: Provided, That none of the funds 

made available in any other paragraph of this Act may be transferred to the Office; used to carry out any such transfer; used 

to provide any office space, equipment, office supplies, communications facilities or services, maintenance services, or administrative 


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services for the Office; used to pay any salary, benefit, or award 

for any personnel of the Office; used to pay any other operating 

expense of the Office; or used to reimburse the Office for any 

service provided, or expense incurred, by the Office: Provided further, That funds made available under the heading in this Act, 

or subsequent Departments of Labor, Health and Human Services, 

and Education, and Related Agencies Appropriations Acts, may 

be used for any audit, investigation, or review of the Medicare 

Program. 

SOCIAL SECURITY ADMINISTRATION

PAYMENTS TO SOCIAL SECURITY TRUST FUNDS

For payment to the Federal Old-Age and Survivors Insurance 

Trust Fund and the Federal Disability Insurance Trust Fund, as 

provided under sections 201(m), 217(g), 228(g), and 1131(b)(2) of 

the Social Security Act, $28,140,000. 

SUPPLEMENTAL SECURITY INCOME PROGRAM

For carrying out titles XI and XVI of the Social Security Act, 

section 401 of Public Law 92–603, section 212 of Public Law 93– 

66, as amended, and section 405 of Public Law 95–216, including 

payment to the Social Security trust funds for administrative 

expenses incurred pursuant to section 201(g)(1) of the Social Security Act, $27,000,191,000, to remain available until expended: Provided, That any portion of the funds provided to a State in the 

current fiscal year and not obligated by the State during that 

year shall be returned to the Treasury. 

For making, after June 15 of the current fiscal year, benefit 

payments to individuals under title XVI of the Social Security 

Act, for unanticipated costs incurred for the current fiscal year, 

such sums as may be necessary. 

For making benefit payments under title XVI of the Social 

Security Act for the first quarter of fiscal year 2009, 

$14,800,000,000, to remain available until expended. 

LIMITATION ON ADMINISTRATIVE EXPENSES

For necessary expenses, including the hire of two passenger 

motor vehicles, and not to exceed $15,000 for official reception 

and representation expenses, not more than $9,781,842,000 may 

be expended, as authorized by section 201(g)(1) of the Social Security Act, from any one or all of the trust funds referred to therein: 

Provided, That not less than $2,000,000 shall be for the Social 

Security Advisory Board: Provided further, That unobligated balances of funds provided under this paragraph at the end of fiscal 

year 2008 not needed for fiscal year 2008 shall remain available 

until expended to invest in the Social Security Administration 

information technology and telecommunications hardware and software infrastructure, including related equipment and non-payroll 

administrative expenses associated solely with this information 

technology and telecommunications infrastructure: Provided further, 

That reimbursement to the trust funds under this heading for 

expenditures for official time for employees of the Social Security 

Administration pursuant to section 7131 of title 5, United States 

Code, and for facilities or support services for labor organizations 

45 USC 231f 

note. 


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pursuant to policies, regulations, or procedures referred to in section 

7135(b) of such title shall be made by the Secretary of the Treasury, 

with interest, from amounts in the general fund not otherwise 

appropriated, as soon as possible after such expenditures are made. 

In addition, $135,000,000 to be derived from administration 

fees in excess of $5.00 per supplementary payment collected pursuant to section 1616(d) of the Social Security Act or section 212(b)(3) 

of Public Law 93–66, which shall remain available until expended. 

To the extent that the amounts collected pursuant to such sections 

in fiscal year 2008 exceed $135,000,000, the amounts shall be 

available in fiscal year 2009 only to the extent provided in advance 

in appropriations Acts. 

In addition, up to $1,000,000 to be derived from fees collected 

pursuant to section 303(c) of the Social Security Protection Act 

(Public Law 108–203), which shall remain available until expended. 

OFFICE OF INSPECTOR GENERAL

(INCLUDING TRANSFER OF FUNDS) 

For expenses necessary for the Office of Inspector General 

in carrying out the provisions of the Inspector General Act of 

1978, $26,451,000, together with not to exceed $67,098,000, to be 

transferred and expended as authorized by section 201(g)(1) of 

the Social Security Act from the Federal Old-Age and Survivors 

Insurance Trust Fund and the Federal Disability Insurance Trust 

Fund. 

In addition, an amount not to exceed 3 percent of the total 

provided in this appropriation may be transferred from the ‘‘Limitation on Administrative Expenses’’, Social Security Administration, 

to be merged with this account, to be available for the time and 

purposes for which this account is available: Provided, That notice 

of such transfers shall be transmitted promptly to the Committees 

on Appropriations of the House of Representatives and the Senate. 

TITLE V 

GENERAL PROVISIONS 

SEC. 501. The Secretaries of Labor, Health and Human Services, and Education are authorized to transfer unexpended balances 

of prior appropriations to accounts corresponding to current appropriations provided in this Act. Such transferred balances shall 

be used for the same purpose, and for the same periods of time, 

for which they were originally appropriated. 

SEC. 502. No part of any appropriation contained in this Act 

shall remain available for obligation beyond the current fiscal year 

unless expressly so provided herein. 

SEC. 503. (a) No part of any appropriation contained in this 

Act shall be used, other than for normal and recognized executivelegislative relationships, for publicity or propaganda purposes, for 

the preparation, distribution, or use of any kit, pamphlet, booklet, 

publication, radio, television, or video presentation designed to support or defeat legislation pending before the Congress or any State 

legislature, except in presentation to the Congress or any State 

legislature itself. 

(b) No part of any appropriation contained in this Act shall 

be used to pay the salary or expenses of any grant or contract 

Lobbying. 

Notification. 


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recipient, or agent acting for such recipient, related to any activity 

designed to influence legislation or appropriations pending before 

the Congress or any State legislature. 

SEC. 504. The Secretaries of Labor and Education are authorized to make available not to exceed $28,000 and $20,000, respectively, from funds available for salaries and expenses under titles 

I and III, respectively, for official reception and representation 

expenses; the Director of the Federal Mediation and Conciliation 

Service is authorized to make available for official reception and 

representation expenses not to exceed $5,000 from the funds available for ‘‘Federal Mediation and Conciliation Service, Salaries and 

expenses’’; and the Chairman of the National Mediation Board 

is authorized to make available for official reception and representation expenses not to exceed $5,000 from funds available for 

‘‘National Mediation Board, Salaries and expenses’’. 

SEC. 505. Notwithstanding any other provision of this Act, 

no funds appropriated in this Act shall be used to carry out any 

program of distributing sterile needles or syringes for the hypodermic injection of any illegal drug. 

SEC. 506. When issuing statements, press releases, requests 

for proposals, bid solicitations and other documents describing 

projects or programs funded in whole or in part with Federal 

money, all grantees receiving Federal funds included in this Act, 

including but not limited to State and local governments and recipients of Federal research grants, shall clearly state— 

(1) the percentage of the total costs of the program or 

project which will be financed with Federal money; 

(2) the dollar amount of Federal funds for the project 

or program; and 

(3) percentage and dollar amount of the total costs of the 

project or program that will be financed by non-governmental 

sources. 

SEC. 507. (a) None of the funds appropriated in this Act, and 

none of the funds in any trust fund to which funds are appropriated 

in this Act, shall be expended for any abortion. 

(b) None of the funds appropriated in this Act, and none of 

the funds in any trust fund to which funds are appropriated in 

this Act, shall be expended for health benefits coverage that includes 

coverage of abortion. 

(c) The term ‘‘health benefits coverage’’ means the package 

of services covered by a managed care provider or organization 

pursuant to a contract or other arrangement. 

SEC. 508. (a) The limitations established in the preceding section shall not apply to an abortion— 

(1) if the pregnancy is the result of an act of rape or 

incest; or 

(2) in the case where a woman suffers from a physical 

disorder, physical injury, or physical illness, including a lifeendangering physical condition caused by or arising from the 

pregnancy itself, that would, as certified by a physician, place 

the woman in danger of death unless an abortion is performed. 

(b) Nothing in the preceding section shall be construed as 

prohibiting the expenditure by a State, locality, entity, or private 

person of State, local, or private funds (other than a State’s or 

locality’s contribution of Medicaid matching funds). 

(c) Nothing in the preceding section shall be construed as 

restricting the ability of any managed care provider from offering 

Abortion. 

Abortion. 

Needle exchange. 


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abortion coverage or the ability of a State or locality to contract 

separately with such a provider for such coverage with State funds 

(other than a State’s or locality’s contribution of Medicaid matching 

funds). 

(d)(1) None of the funds made available in this Act may be 

made available to a Federal agency or program, or to a State 

or local government, if such agency, program, or government subjects any institutional or individual health care entity to discrimination on the basis that the health care entity does not provide, 

pay for, provide coverage of, or refer for abortions. 

(2) In this subsection, the term ‘‘health care entity’’ includes 

an individual physician or other health care professional, a hospital, 

a provider-sponsored organization, a health maintenance organization, a health insurance plan, or any other kind of health care 

facility, organization, or plan. 

SEC. 509. (a) None of the funds made available in this Act 

may be used for— 

(1) the creation of a human embryo or embryos for research 

purposes; or 

(2) research in which a human embryo or embryos are 

destroyed, discarded, or knowingly subjected to risk of injury 

or death greater than that allowed for research on fetuses 

in utero under 45 CFR 46.204(b) and section 498(b) of the 

Public Health Service Act (42 U.S.C. 289g(b)). 

(b) For purposes of this section, the term ‘‘human embryo 

or embryos’’ includes any organism, not protected as a human 

subject under 45 CFR 46 as of the date of the enactment of this 

Act, that is derived by fertilization, parthenogenesis, cloning, or 

any other means from one or more human gametes or human 

diploid cells. 

SEC. 510. (a) None of the funds made available in this Act 

may be used for any activity that promotes the legalization of 

any drug or other substance included in schedule I of the schedules 

of controlled substances established under section 202 of the Controlled Substances Act (21 U.S.C. 812) except for normal and recognized executive-congressional communications. 

(b) The limitation in subsection (a) shall not apply when there 

is significant medical evidence of a therapeutic advantage to the 

use of such drug or other substance or that federally sponsored 

clinical trials are being conducted to determine therapeutic advantage. 

SEC. 511. None of the funds made available in this Act may 

be used to promulgate or adopt any final standard under section 

1173(b) of the Social Security Act (42 U.S.C. 1320d–2(b)) providing 

for, or providing for the assignment of, a unique health identifier 

for an individual (except in an individual’s capacity as an employer 

or a health care provider), until legislation is enacted specifically 

approving the standard. 

SEC. 512. None of the funds made available in this Act may 

be obligated or expended to enter into or renew a contract with 

an entity if— 

(1) such entity is otherwise a contractor with the United 

States and is subject to the requirement in section 4212(d) 

of title 38, United States Code, regarding submission of an 

annual report to the Secretary of Labor concerning employment 

of certain veterans; and 

Contracts. 

Drugs and drug 

abuse. 

Human embryos. 


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(2) such entity has not submitted a report as required 

by that section for the most recent year for which such requirement was applicable to such entity. 

SEC. 513. 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 appropriation Act. 

SEC. 514. None of the funds made available by this Act to 

carry out the Library Services and Technology Act may be made 

available to any library covered by paragraph (1) of section 224(f) 

of such Act, as amended by the Children’s Internet Protection 

Act, unless such library has made the certifications required by 

paragraph (4) of such section. 

SEC. 515. None of the funds made available by this Act to 

carry out part D of title II of the Elementary and Secondary 

Education Act of 1965 may be made available to any elementary 

or secondary school covered by paragraph (1) of section 2441(a) 

of such Act, as amended by the Children’s Internet Protection 

Act and the No Child Left Behind Act, unless the local educational 

agency with responsibility for such covered school has made the 

certifications required by paragraph (2) of such section. 

SEC. 516. (a) None of the funds provided under this Act, or 

provided under previous appropriations Acts to the agencies funded 

by this Act that remain available for obligation or expenditure 

in fiscal year 2008, or provided from any accounts in the Treasury 

of the United States derived by the collection of fees available 

to the agencies funded by this Act, shall be available for obligation 

or expenditure through a reprogramming of funds that— 

(1) creates new programs; 

(2) eliminates a program, project, or activity; 

(3) increases funds or personnel by any means for any 

project or activity for which funds have been denied or 

restricted; 

(4) relocates an office or employees; 

(5) reorganizes or renames offices; 

(6) reorganizes programs or activities; or 

(7) contracts out or privatizes any functions or activities 

presently performed by Federal employees; 

unless the Committees on Appropriations of the House of Representatives and the Senate are notified 15 days in advance of such 

reprogramming or of an announcement of intent relating to such 

reprogramming, whichever occurs earlier. 

(b) None of the funds provided under this Act, or provided 

under previous appropriations Acts to the agencies funded by this 

Act that remain available for obligation or expenditure in fiscal 

year 2008, or provided from any accounts in the Treasury of the 

United States derived by the collection of fees available to the 

agencies funded by this Act, shall be available for obligation or 

expenditure through a reprogramming of funds in excess of $500,000 

or 10 percent, whichever is less, that— 

(1) augments existing programs, projects (including 

construction projects), or activities; 

(2) reduces by 10 percent funding for any existing program, 

project, or activity, or numbers of personnel by 10 percent 

as approved by Congress; or 

Notification. 

Deadline. 


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(3) results from any general savings from a reduction in 

personnel which would result in a change in existing programs, 

activities, or projects as approved by Congress; 

unless the Committees on Appropriations of the House of Representatives and the Senate are notified 15 days in advance of such 

reprogramming or of an announcement of intent relating to such 

reprogramming, whichever occurs earlier. 

SEC. 517. (a) None of the funds made available in this Act 

may be used to request that a candidate for appointment to a 

Federal scientific advisory committee disclose the political affiliation 

or voting history of the candidate or the position that the candidate 

holds with respect to political issues not directly related to and 

necessary for the work of the committee involved. 

(b) None of the funds made available in this Act may be 

used to disseminate scientific information that is deliberately false 

or misleading. 

SEC. 518. Within 45 days of enactment of this Act, each department and related agency funded through this Act shall submit 

an operating plan that details at the program, project, and activity 

level any funding allocations for fiscal year 2008 that are different 

than those specified in this Act, the accompanying detailed table 

in the explanatory statement described in section 4 (in the matter 

preceding division A of this consolidated Act), or the fiscal year 

2008 budget request. 

SEC. 519. None of the funds made available by this Act may 

be used to carry out the evaluation of the Upward Bound Program 

described in the absolute priority for Upward Bound Program 

participant selection and evaluation published by the Department 

of Education in the Federal Register on September 22, 2006 (71 

Fed. Reg. 55447 et seq.). 

SEC. 520. None of the funds in this Act may be used to employ 

workers described in section 274A(h)(3) of the Immigration and 

Nationality Act. 

SEC. 521. The Secretaries of Labor, Health and Human Services, and Education shall each prepare and submit to the Committees on Appropriations of the House of Representatives and the 

Senate a report on the number and amount of contracts, grants, 

and cooperative agreements exceeding $100,000 in value and 

awarded by the Department on a non-competitive basis during 

each quarter of fiscal year 2008, but not to include grants awarded 

on a formula basis. Such report shall include the name of the 

contractor or grantee, the amount of funding, and the governmental 

purpose. Such report shall be transmitted to the Committees within 

30 days after the end of the quarter for which the report is submitted. 

SEC. 522. Not later than 30 days after the date of enactment 

of this Act, the Departments, agencies, and commissions funded 

under this Act, shall establish and maintain on the homepages 

of their Internet websites— 

(1) a direct link to the Internet websites of their Offices 

of Inspectors General; and 

(2) a mechanism on the Offices of Inspectors General 

website by which individuals may anonymously report cases 

of waste, fraud, or abuse with respect to those Departments, 

agencies, and commissions. 

SEC. 523. None of the funds appropriated or otherwise made 

available by this Act may be used to enter into a contract in 

Contracts. 

Certification. 

Deadline. 

Websites. 

5 USC app. 6 

note. 

Deadline. 

Reports. 

Deadline. 

Operating plan. 


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an amount greater than $5,000,000 or to award a grant in excess 

of such amount unless the prospective contractor or grantee certifies 

in writing to the agency awarding the contract or grant that, 

to the best of its knowledge and belief, the contractor or grantee 

has filed all Federal tax returns required during the three years 

preceding the certification, has not been convicted of a criminal 

offense under the Internal Revenue Code of 1986, and has not, 

more than 90 days prior to certification, been notified of any unpaid 

Federal tax assessment for which the liability remains unsatisfied, 

unless the assessment is the subject of an installment agreement 

or offer in compromise that has been approved by the Internal 

Revenue Service and is not in default, or the assessment is the 

subject of a non-frivolous administrative or judicial proceeding. 

SEC. 524. Section 1848(l)(2)(A) of the Social Security Act, as 

amended by section 6 of the TMA, Abstinence Education, and 

QI Programs Extension Act of 2007 (Public Law 110–90), is 

amended by reducing the dollar amount in the first sentence by 

$150,000,000. 

SEC. 525. Iraqi and Afghan aliens granted special immigrant 

status under section 101(a)(27) of the Immigration and Nationality 

Act shall be eligible for resettlement assistance, entitlement programs, and other benefits available to refugees admitted under 

section 207 of such Act for a period not to exceed 6 months. 

SEC. 526. None of the funds appropriated by this Act may 

be used by the Commissioner of Social Security or the Social Security Administration to pay the compensation of employees of the 

Social Security Administration to administer Social Security benefit 

payments, under any agreement between the United States and 

Mexico establishing totalization arrangements between the social 

security system established by title II of the Social Security Act 

and the social security system of Mexico, which would not otherwise 

be payable but for such agreement. 

SEC. 527. None of the funds appropriated in this Act shall 

be expended or obligated by the Commissioner of Social Security, 

for purposes of administering Social Security benefit payments 

under title II of the Social Security Act, to process claims for 

credit for quarters of coverage based on work performed under 

a social security account number that was not the claimant’s 

number which is an offense prohibited under section 208 of the 

Social Security Act. 

SEC. 528. (a) ACROSS-THE-BOARD RESCISSIONS.—There is hereby 

rescinded an amount equal to 1.747 percent of the fiscal year 

2008 budget authority— 

(1) provided for any discretionary account of this Act; and 

(2) provided in any advance appropriation for fiscal year 

2008 for any discretionary account of this Act made available 

by any prior fiscal year appropriation Act. 

(b) PROPORTIONATE APPLICATION.—Any rescission made by subsection (a) shall be applied proportionately— 

(1) to each discretionary account and each item of budget 

authority described in such subsection; and 

(2) within each such account and item, to each program, 

project, and activity (with programs, projects, and activities 

as delineated in the appropriation Act, accompanying reports, 

or explanatory statement for fiscal year 2008 covering such 

account or item, or for accounts and items not included in 

Mexico. 

Refugees. 

42 USC 1395w–4. 


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appropriation Acts, as delineated in the most recently submitted 

President’s budget). 

(c) EXCEPTIONS.—This section shall not apply— 

(1) to discretionary budget authority that has been designated as described in section 5 (in the matter preceding 

division A of this consolidated Act); or 

(2) to discretionary budget authority made available under 

title III under the Student Financial Assistance account for 

the Federal Pell Grants program. 

(d) OMB REPORT.—Within 30 days after the date of the enactment of this section the Director of the Office of Management 

and Budget shall submit to the Committees on Appropriations 

of the House of Representatives and the Senate a report specifying 

the account and amount of each rescission made pursuant to this 

section. 

TITLE VI 

NATIONAL COMMISSION ON CHILDREN AND DISASTERS 

SECTION 601. SHORT TITLE. 

This title may be cited as the ‘‘Kids in Disasters Well-being, 

Safety, and Health Act of 2007’’. 

SEC. 602. DEFINITIONS. 

In this title: 

(1) ALL HAZARDS.—The term ‘‘all hazards’’ has the meaning 

given the term ‘‘hazard’’ under section 602(a)(1) of the Robert 

T. Stafford Disaster Relief and Assistance Act (42 U.S.C. 

5195a), and includes natural disasters, acts of terrorism, and 

other man-made disasters. 

(2) CHILD; CHILDREN.—The terms ‘‘child’’ and ‘‘children’’ 

mean an individual or individuals, respectively, who have not 

attained 18 years of age. 

(3) EMERGENCY.—The term ‘‘emergency’’ has the meaning 

given such term under section 102(1) of the Robert T. Stafford 

Disaster Relief and Assistance Act (42 U.S.C. 5122(1)). 

(4) MAJOR DISASTER.—The term ‘‘major disaster’’ has the 

meaning given such term under section 102(2) of the Robert 

T. Stafford Disaster Relief and Assistance Act (42 U.S.C. 

5122(2)). 

SEC. 603. ESTABLISHMENT OF COMMISSION. 

There is established a commission to be known as the ‘‘National 

Commission on Children and Disasters’’ (referred to in this title 

as the ‘‘Commission’’). 

SEC. 604. PURPOSES OF COMMISSION. 

The purposes of the Commission are to— 

(1) conduct a comprehensive study to examine and assess 

the needs of children as they relate to preparation for, response 

to, and recovery from all hazards, including major disasters 

and emergencies; 

(2) build upon the evaluations of other entities and avoid 

unnecessary duplication, by reviewing the findings, conclusions, 

and recommendations of other commissions, Federal, State, 

and local governments, or nongovernmental entities, relating 

to the needs of children as they relate to preparation for, 

Study. 

Kids in Disasters 

Well-being, 

Safety, and 

Health Act of 

2007. 


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121 STAT. 2214 PUBLIC LAW 110–161—DEC. 26, 2007 

response to, and recovery from all hazards, including major 

disasters and emergencies; and 

(3) submit a report to the President and Congress on specific findings, conclusions, and recommendations to address the 

needs of children as they relate to preparation for, response 

to, and recovery from all hazards, including major disasters 

and emergencies. 

SEC. 605. COMPOSITION OF COMMISSION. 

(a) MEMBERS.—The Commission shall be composed of 10 members, of whom— 

(1) 1 member shall be appointed by the President; 

(2) 1 member, who is of a different political party than 

that of the member appointed under paragraph (1), shall be 

appointed by the President; 

(3) 2 members shall be appointed by the majority leader 

of the Senate; 

(4) 2 members shall be appointed by the minority leader 

of the Senate; 

(5) 2 members shall be appointed by the Speaker of the 

House of Representatives; and 

(6) 2 members shall be appointed by the minority leader 

of the House of Representatives. 

(b) CHAIRPERSON, VICE CHAIRPERSON, AND MEETINGS.—Not 

later than 30 days after the date on which all members of the 

Commission are appointed under subsection (a), such members 

shall meet to elect a Chairperson and Vice Chairperson from among 

such members and shall determine a schedule of Commission 

meetings. 

(c) GOVERNMENTAL APPOINTEES.—An individual appointed to 

the Commission may not be an official or employee of the Federal 

Government. 

(d) COMMISSION REPRESENTATION.—The Commission shall 

include at least one— 

(1) representative from private nonprofit entities with demonstrated expertise in addressing the needs of children as they 

relate to preparation for, response to, and recovery from all 

hazards, including major disasters and emergencies; and 

(2) State emergency manager or local emergency manager. 

(e) QUALIFICATIONS.—Members appointed under subsection (a) 

may include— 

(1) individuals involved with providing services to children, 

including health, education, housing, and other social services; 

(2) individuals with experience in emergency management, 

including coordination of resources and services among State 

and local governments, the Federal Government, and nongovernmental entities; 

(3) individuals with philanthropic experience focused on 

the needs of children in all hazards, including major disasters 

and emergencies; 

(4) individuals with experience in providing donated goods 

and services, including personnel services, to meet the needs 

of children and families as they relate to preparation for, 

response to, and recovery from all hazards, including major 

disasters and emergencies; and 

Deadline. 

President. 

President. 

Reports. 


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(5) individuals who have conducted academic research 

related to addressing the needs of children in all hazards, 

including major disasters and emergencies. 

(f) INITIAL MEETING.—The Commission shall meet and begin 

the operations of the Commission not later than 120 days after 

the appointment of members of the Commission. 

(g) QUORUM AND VACANCY.— (1) QUORUM.—A majority of the members of the Commission shall constitute a quorum, but a lesser number of members 

may hold hearings. 

(2) VACANCY.—Any vacancy in the Commission shall not 

affect its powers and shall be filled in the same manner in 

which the original appointment was made. 

SEC. 606. DUTIES OF COMMISSION. 

The Commission shall— 

(1) conduct pursuant to section 604(2) a comprehensive 

study that examines and assesses the needs of children as 

they relate to preparation for, response to, and recovery from 

all hazards, including major disasters and emergencies, 

including specific findings relating to— 

(A) child physical health, mental health, and trauma; 

(B) child care in all settings; 

(C) child welfare; 

(D) elementary and secondary education; 

(E) sheltering, temporary housing, and affordable 

housing; 

(F) transportation; 

(G) juvenile justice; 

(H) evacuation; and 

(I) relevant activities in emergency management; 

(2) identify, review, and evaluate existing laws, regulations, 

policies, and programs relevant to the needs of children as 

they relate to preparation for, response to, and recovery from 

all hazards, including major disasters and emergencies; 

(3) identify, review, and evaluate the lessons learned from 

past disasters and emergencies relative to addressing the needs 

of children; and 

(4) submit a report to the President and Congress on the 

Commission’s specific findings, conclusions, and recommendations to address the needs of children as they relate to preparation for, response to, and recovery from all hazards, including 

major disasters and emergencies, including specific recommendations on the need for planning and establishing a 

national resource center on children and disasters, coordination 

of resources and services, administrative actions, policies, regulations, and legislative changes as the Commission considers 

appropriate. 

SEC. 607. POWERS OF COMMISSION. 

(a) HEARINGS.—The Commission may hold such hearings, meet 

and act at such times and places, and receive such evidence as 

may be necessary to carry out the functions of the Commission. 

(b) INFORMATION FROM FEDERAL AGENCIES.— 

(1) IN GENERAL.—The Commission may access, to the extent 

authorized by law, from any executive department, bureau, 

agency, board, commission, office, independent establishment, 

or instrumentality of the Federal Government such information, 

Reports. 

Deadline. 


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suggestions, estimates, and statistics as the Commission considers necessary to carry out this title. 

(2) PROVISION OF INFORMATION.—On written request of the 

Chairperson of the Commission, each department, bureau, 

agency, board, commission, office, independent establishment, 

or instrumentality shall, to the extent authorized by law, provide the requested information to the Commission. 

(3) RECEIPT, HANDLING, STORAGE, AND DISSEMINATION.— 

Information shall only be received, handled, stored, and 

disseminated by members of the Commission and its staff consistent with all applicable statutes, regulations, and Executive 

orders. 

(c) ASSISTANCE FROM FEDERAL AGENCIES.— 

(1) GENERAL SERVICES ADMINISTRATION.—On request of the 

Chairperson of the Commission, the Administrator of General 

Services shall provide to the Commission, on a reimbursable 

basis, administrative support and other assistance necessary 

for the Commission to carry out its duties. 

(2) OTHER DEPARTMENTS AND AGENCIES.—In addition to 

the assistance provided for under paragraph (1), departments 

and agencies of the United States may provide to the Commission such assistance as they may determine advisable and 

as authorized by law. 

(d) CONTRACTING.—The Commission may enter into contracts 

to enable the Commission to discharge its duties under this title. 

(e) DONATIONS.—The Commission may accept, use, and dispose 

of donations of services or property. 

(f) POSTAL SERVICES.—The Commission may use the United 

States mails in the same manner and under the same conditions 

as a department or agency of the United States. 

SEC. 608. STAFF OF COMMISSION. 

(a) IN GENERAL.—The Chairperson of the Commission, in consultation with the Vice Chairperson, in accordance with rules agreed 

upon by the Commission, may appoint and fix the compensation 

of a staff director and such other personnel as may be necessary 

to enable the Commission to carry out its functions, in accordance 

with the provisions of title 5, United States Code, except that 

no rate of pay fixed under this subsection may exceed the equivalent 

of that payable for a position at level V of the Executive Schedule 

under section 5316 of title 5, United States Code. 

(b) STAFF OF FEDERAL AGENCIES.—Upon request of the Chairperson of the Commission, the head of any executive department, 

bureau, agency, board, commission, office, independent establishment, or instrumentality of the Federal Government may detail, 

without reimbursement, any of its personnel to the Commission 

to assist it in carrying out its duties under this title. Any detail 

of an employee shall be without interruption or loss of civil service 

status or privilege. 

(c) CONSULTANT SERVICES.—The Commission is authorized to 

procure the services of experts and consultants in accordance with 

section 3109 of title 5, United States Code, but at rates not to 

exceed the daily rate paid a person occupying a position at level 

IV of the Executive Schedule under section 5315 of title 5, United 

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PUBLIC LAW 110–161—DEC. 26, 2007 121 STAT. 2217 

SEC. 609. TRAVEL EXPENSES. 

Each member of the Commission shall serve without compensation, but shall receive travel expenses, including per diem in lieu 

of subsistence, in accordance with applicable provisions in the same 

manner as persons employed intermittently in the Government 

service are allowed expenses under section 5703 of title 5, United 

States Code. 

SEC. 610. FEDERAL ADVISORY COMMITTEE ACT APPLICABILITY. 

The provisions of the Federal Advisory Committee Act shall 

apply to the Commission, including the staff of the Commission. 

SEC. 611. REPORTS OF COMMISSION; TERMINATION. 

(a) INTERIM REPORT.—The Commission shall, not later than 

1 year after the date of its first meeting, submit to the President 

and Congress an interim report containing specific findings, conclusions, and recommendations required under this title as have been 

agreed to by a majority of Commission members. 

(b) OTHER REPORTS AND INFORMATION.— 

(1) REPORTS.—The Commission may issue additional 

reports as the Commission determines necessary. 

(2) INFORMATION.—The Commission may hold public 

hearings to collect information and shall make such information 

available for use by the public. 

(c) FINAL REPORT.—The Commission shall, not later than 2 

years after the date of its first meeting, submit to the President 

and Congress a final report containing specific findings, conclusions, 

and recommendations required under this title as have been agreed 

to by a majority of Commission members. 

(d) TERMINATION.— 

(1) IN GENERAL.—The Commission, and all the authorities 

of this title, shall terminate 180 days after the date on which 

the final report is submitted under subsection (b). 

(2) RECORDS.—Not later than the date of termination of 

the Commission under paragraph (1), all records and papers 

of the Commission shall be delivered to the Archivist of the 

United States for deposit in the National Archives. 

SEC. 612. AUTHORIZATION OF APPROPRIATIONS. 

There is authorized to be appropriated to carry out this title, 

$1,500,000 for each of fiscal years 2008 and 2009. 

SEC. 613. RULE OF CONSTRUCTION. 

Nothing in this title shall be construed to confer on the Commission purposes and duties that are the responsibility of the Congress. 

This division may be cited as the ‘‘Departments of Labor, Health 

and Human Services, and Education, and Related Agencies Appropriations Act, 2008’’. 

Archives. 


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121 STAT. 2218 PUBLIC LAW 110–161—DEC. 26, 2007 

DIVISION H—LEGISLATIVE BRANCH APPROPRIATIONS ACT, 

2008 

TITLE I 

LEGISLATIVE BRANCH APPROPRIATIONS 

SENATE 

EXPENSE ALLOWANCES

For expense allowances of the Vice President, $20,000; the 

President Pro Tempore of the Senate, $40,000; Majority Leader 

of the Senate, $40,000; Minority Leader of the Senate, $40,000; 

Majority Whip of the Senate, $10,000; Minority Whip of the Senate, 

$10,000; President Pro Tempore emeritus, $15,000; Chairmen of 

the Majority and Minority Conference Committees, $5,000 for each 

Chairman; and Chairmen of the Majority and Minority Policy 

Committees, $5,000 for each Chairman; in all, $195,000. 

REPRESENTATION ALLOWANCES FOR THE MAJORITY AND MINORITY

LEADERS

For representation allowances of the Majority and Minority 

Leaders of the Senate, $15,000 for each such Leader; in all, $30,000. 

SALARIES, OFFICERS AND EMPLOYEES

For compensation of officers, employees, and others as authorized by law, including agency contributions, $158,457,000, which 

shall be paid from this appropriation without regard to the following 

limitations: 

OFFICE OF THE VICE PRESIDENT

For the Office of the Vice President, $2,316,000. 

OFFICE OF THE PRESIDENT PRO TEMPORE

For the Office of the President Pro Tempore, $620,000. 

OFFICE OF THE PRESIDENT PRO TEMPORE EMERITUS

For the Office of the President Pro Tempore emeritus, $309,000. 

OFFICES OF THE MAJORITY AND MINORITY LEADERS

For Offices of the Majority and Minority Leaders, $4,796,000. 

OFFICES OF THE MAJORITY AND MINORITY WHIPS

For Offices of the Majority and Minority Whips, $2,912,000. 

COMMITTEE ON APPROPRIATIONS

For salaries of the Committee on Appropriations, $14,161,000. 

2 USC 60a note. 

Legislative 

Branch 

Appropriations 

Act, 2008. 


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CONFERENCE COMMITTEES

For the Conference of the Majority and the Conference of the 

Minority, at rates of compensation to be fixed by the Chairman 

of each such committee, $1,587,000 for each such committee; in 

all, $3,174,000. 

OFFICES OF THE SECRETARIES OF THE CONFERENCE OF THE MAJORITY

AND THE CONFERENCE OF THE MINORITY

For Offices of the Secretaries of the Conference of the Majority 

and the Conference of the Minority, $778,000. 

POLICY COMMITTEES

For salaries of the Majority Policy Committee and the Minority 

Policy Committee, $1,620,000 for each such committee; in all, 

$3,240,000. 

OFFICE OF THE CHAPLAIN

For Office of the Chaplain, $379,000. 

OFFICE OF THE SECRETARY

For Office of the Secretary, $22,388,000. 

OFFICE OF THE SERGEANT AT ARMS AND DOORKEEPER

For Office of the Sergeant at Arms and Doorkeeper, 

$60,600,000. 

OFFICES OF THE SECRETARIES FOR THE MAJORITY AND MINORITY

For Offices of the Secretary for the Majority and the Secretary 

for the Minority, $1,684,000. 

AGENCY CONTRIBUTIONS AND RELATED EXPENSES

For agency contributions for employee benefits, as authorized 

by law, and related expenses, $41,100,000. 

OFFICE OF THE LEGISLATIVE COUNSEL OF THE SENATE

For salaries and expenses of the Office of the Legislative 

Counsel of the Senate, $6,280,000. 

OFFICE OF SENATE LEGAL COUNSEL

For salaries and expenses of the Office of Senate Legal Counsel, 

$1,439,000. 

EXPENSE ALLOWANCES OF THE SECRETARY OF THE SENATE, SERGEANT AT ARMS AND DOORKEEPER OF THE SENATE, AND SECRE- TARIES FOR THE MAJORITY AND MINORITY OF THE SENATE

For expense allowances of the Secretary of the Senate, $6,000; 

Sergeant at Arms and Doorkeeper of the Senate, $6,000; Secretary 

for the Majority of the Senate, $6,000; Secretary for the Minority 

of the Senate, $6,000; in all, $24,000. 


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121 STAT. 2220 PUBLIC LAW 110–161—DEC. 26, 2007 

CONTINGENT EXPENSES OF THE SENATE

INQUIRIES AND INVESTIGATIONS

For expenses of inquiries and investigations ordered by the 

Senate, or conducted under paragraph 1 of rule XXVI of the 

Standing Rules of the Senate, section 112 of the Supplemental 

Appropriations and Rescission Act, 1980 (Public Law 96–304), and 

Senate Resolution 281, 96th Congress, agreed to March 11, 1980, 

$129,000,000. 

EXPENSES OF THE UNITED STATES SENATE CAUCUS ON

INTERNATIONAL NARCOTICS CONTROL

For expenses of the United States Senate Caucus on Inter- national Narcotics Control, $520,000. 

SECRETARY OF THE SENATE

For expenses of the Office of the Secretary of the Senate, 

$2,000,000. 

SERGEANT AT ARMS AND DOORKEEPER OF THE SENATE

For expenses of the Office of the Sergeant at Arms and Doorkeeper of the Senate, $142,389,000, which shall remain available 

until September 30, 2012. 

MISCELLANEOUS ITEMS

For miscellaneous items, $17,528,000, of which up to $500,000 

shall be made available for a pilot program for mailings of postal 

patron postcards by Senators for the purpose of providing notice 

of a town meeting by a Senator in a county (or equivalent unit 

of local government) at which the Senator will personally attend: 

Provided, That any amount allocated to a Senator for such mailing 

shall not exceed 50 percent of the cost of the mailing and the 

remaining cost shall be paid by the Senator from other funds 

available to the Senator. 

SENATORS’ OFFICIAL PERSONNEL AND OFFICE EXPENSE ACCOUNT

For Senators’ Official Personnel and Office Expense Account, 

$375,704,000. 

OFFICIAL MAIL COSTS

For expenses necessary for official mail costs of the Senate, 

$300,000. 

ADMINISTRATIVE PROVISIONS

SEC. 1. GROSS RATE OF COMPENSATION IN OFFICES OF SENATORS. Effective on and after October 1, 2007, each of the dollar 

amounts contained in the table under section 105(d)(1)(A) of the 

Legislative Branch Appropriations Act, 1968 (2 U.S.C. 61–1(d)(1)(A)) 

shall be deemed to be the dollar amounts in that table, as adjusted 

by law and in effect on September 30, 2007, increased by an 

additional $50,000 each. 

Effective date. 

2 USC 61–1 note. 

2 USC 61–1. 


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PUBLIC LAW 110–161—DEC. 26, 2007 121 STAT. 2221 

SEC. 2. PRESIDENT PRO TEMPORE EMERITUS OF THE SENATE. Section 7(e) of the Legislative Branch Appropriations Act, 2003 

(2 U.S.C. 32b note) is amended by striking ‘‘and the 109th Congress’’ 

and inserting ‘‘, the 109th Congress, and the 110th Congress’’. 

SEC. 3. OFFICES OF THE SECRETARIES OF THE CONFERENCE

OF THE MAJORITY AND THE CONFERENCE OF THE MINORITY. (a) 

IN GENERAL.—Upon the written request of the Secretary of the 

Conference of the Majority or the Secretary of the Conference 

of the Minority, the Secretary of the Senate shall transfer from 

the appropriations account appropriated under the subheading 

‘‘OFFICES OF THE SECRETARIES OF THE CONFERENCE OF THE MAJORITY

AND THE CONFERENCE OF THE MINORITY’’ under the heading ‘‘SALA- RIES, OFFICERS AND EMPLOYEES’’ such amount as the Secretary 

of the Conference of the Majority or the Secretary of the Conference 

of the Minority shall specify to the appropriations account under 

the heading ‘‘MISCELLANEOUS ITEMS’’ within the contingent fund 

of the Senate. 

(b) AUTHORITY TO INCUR EXPENSES.—The Secretary of the Conference of the Majority or the Secretary of the Conference of the 

Minority may incur such expenses as may be necessary or appropriate. Expenses incurred by the Secretary of the Conference of 

the Majority or the Secretary of the Conference of the Minority 

shall be paid from the amount transferred under subsection (a) 

by the Secretary of the Conference of the Majority or the Secretary 

of the Conference of the Minority and upon vouchers approved 

by the Secretary of the Conference of the Majority or the Secretary 

of the Conference of the Minority, as applicable. 

(c) AUTHORITY TO ADVANCE SUMS.—The Secretary of the Senate 

may advance such sums as may be necessary to defray expenses 

incurred in carrying out subsections (a) and (b). 

(d) EFFECTIVE DATE.—This section shall apply to fiscal year 

2008 and each fiscal year thereafter. 

SEC. 4. UNIFORM LIMITATION ON GROSS COMPENSATION FOR

EMPLOYEES OF COMMITTEES. (a) IN GENERAL.—Section 105(e) of 

the Legislative Branch Appropriations Act, 1968 (2 U.S.C. 61– 

1(e)) is amended by striking paragraph (3) and inserting the following: 

‘‘(3)(A) In this paragraph— 

‘‘(i) the term ‘committee of the Senate’ means— 

‘‘(I) any standing committee (including the majority 

and minority policy committees) of the Senate; 

‘‘(II) any select committee (including the conference 

majority and conference minority of the Senate); or 

‘‘(III) any joint committee the expenses of which 

are paid from the contingent fund of the Senate; and 

‘‘(ii) an employee of a subcommittee shall be considered 

to be an employee of the full committee. 

‘‘(B) Subject to adjustment as provided by law, no employee 

of a committee of the Senate shall be paid at a per annum 

gross rate in excess of $162,515.’’. 

(b) EFFECTIVE DATE.—The amendment made by this section 

shall apply to fiscal year 2008 and each fiscal year thereafter. 

SEC. 5. UNITED STATES SENATE-JAPAN INTERPARLIAMENTARY

GROUP. (a) ESTABLISHMENT AND MEETINGS.—Not to exceed 12 Senators shall be appointed to meet once per Congress with representatives of the Diet of Japan for discussion of common problems in 

the interest of relations between the United States and Japan. 

22 USC 276p. 

2 USC 61–1 note. 

2 USC 61g–6b. 


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121 STAT. 2222 PUBLIC LAW 110–161—DEC. 26, 2007 

The Senators so appointed shall be referred to as the ‘‘United 

States group’’ of the United States Senate-Japan Interparliamentary 

Group. The meetings shall take place in Japan and Washington, 

D.C. alternatively. 

(b) APPOINTMENT OF MEMBERS.—The President of the Senate 

shall appoint Senators under this section, including a Chair and 

Vice Chair, upon recommendations of the majority and minority 

leaders of the Senate. Such appointments shall be for the duration 

of each Congress. 

(c) FUNDING.—There is authorized to be appropriated $100,000 

for each Congress to assist in meeting the expenses of the United 

States group. Appropriations shall be disbursed on vouchers to 

be approved by the Chair of the United States group. 

(d) CERTIFICATION OF EXPENDITURES.—A report of expenditures 

by the United States group shall be prepared and certified each 

Congress by the Chair. 

(e) EFFECTIVE DATE.—This section shall apply to fiscal year 

2008, and each fiscal year thereafter. 

SEC. 6. ORIENTATION SEMINARS. (a) IN GENERAL.—Section 

107(a) of the Supplemental Appropriations Act, 1979 (2 U.S.C. 

69a; Public Law 96–38) is amended in the first sentence by striking 

‘‘$25,000’’ and inserting ‘‘$30,000’’. 

(b) EFFECTIVE DATE.—The amendment made by this section 

shall apply with respect to fiscal year 2008 and each fiscal year 

thereafter. 

SEC. 7. MEDIA SUPPORT SERVICES. (a) DEFINITIONS.—In this 

section, the terms ‘‘national committee’’ and ‘‘political party’’ have 

the meaning given such terms in section 301 of the Federal Election 

Campaign Act of 1971 (2 U.S.C. 431). 

(b) IN GENERAL.—The official duties of employees of the Sergeant at Arms and Doorkeeper of the Senate under the Senate 

Daily Press Gallery, the Senate Periodical Press Gallery, the Senate 

Press Photographers Gallery, and the Senate Radio and Television 

Correspondents Gallery may include providing media support services with respect to the presidential nominating conventions of 

the national committees of political parties. 

(c) APPROVAL OF SERGEANT AT ARMS.—The terms and conditions 

under which employees perform official duties under subsection 

(b) shall be subject to the approval of the Sergeant at Arms and 

Doorkeeper of the Senate. 

(d) EFFECTIVE DATE.—This section shall apply to fiscal year 

2008 and each fiscal year thereafter. 

SEC. 8. CONSULTANTS. With respect to fiscal year 2008, the 

first sentence of section 101(a) of the Supplemental Appropriations 

Act, 1977 (2 U.S.C. 61h–6(a)) shall be applied by substituting ‘‘nine 

individual consultants’’ for ‘‘eight individual consultants’’. 

HOUSE OF REPRESENTATIVES 

SALARIES AND EXPENSES

For salaries and expenses of the House of Representatives, $1,188,211,000, as follows: 

HOUSE LEADERSHIP OFFICES

For salaries and expenses, as authorized by law, $24,048,000, 

including: Office of the Speaker, $4,761,000, including $25,000 for 

Applicability. 

2 USC 61h–6 

note. 

2 USC 61f–13. 

2 USC 69a note. 


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PUBLIC LAW 110–161—DEC. 26, 2007 121 STAT. 2223 

official expenses of the Speaker; Office of the Majority Floor Leader, 

$2,388,000, including $10,000 for official expenses of the Majority 

Leader; Office of the Minority Floor Leader, $4,290,000, including 

$10,000 for official expenses of the Minority Leader; Office of the 

Majority Whip, including the Chief Deputy Majority Whip, 

$1,894,000, including $5,000 for official expenses of the Majority 

Whip; Office of the Minority Whip, including the Chief Deputy 

Minority Whip, $1,420,000, including $5,000 for official expenses 

of the Minority Whip; Speaker’s Office for Legislative Floor Activities, $499,000; Republican Steering Committee, $943,000; Republican Conference, $1,631,000; Republican Policy Committee, 

$325,000; Democratic Steering and Policy Committee, $1,295,000; 

Democratic Caucus, $1,604,000; nine minority employees, 

$1,498,000; training and program development—majority, $290,000; 

training and program development—minority, $290,000; Cloakroom 

Personnel—majority, $460,000; and Cloakroom Personnel— 

minority, $460,000. 

MEMBERS’ REPRESENTATIONAL ALLOWANCES

INCLUDING MEMBERS’ CLERK HIRE, OFFICIAL EXPENSES OF

MEMBERS, AND OFFICIAL MAIL

For Members’ representational allowances, including Members’ 

clerk hire, official expenses, and official mail, $581,000,000. 

COMMITTEE EMPLOYEES

STANDING COMMITTEES, SPECIAL AND SELECT

For salaries and expenses of standing committees, special and 

select, authorized by House resolutions, $133,000,000: Provided, 

That such amount shall remain available for such salaries and 

expenses until December 31, 2008. 

COMMITTEE ON APPROPRIATIONS

For salaries and expenses of the Committee on Appropriations, $32,203,700, including studies and examinations of executive agencies and temporary personal services for such committee to be 

expended in accordance with section 202(b) of the Legislative 

Reorganization Act of 1946 and to be available for reimbursement 

to agencies for services performed: Provided, That such amount 

shall remain available for such salaries and expenses until 

December 31, 2008: Provided further, That $2,403,700 shall be 

derived from prior year unobligated balances from funds previously 

appropriated to the Committee on Appropriations. 

SALARIES, OFFICERS AND EMPLOYEES

For compensation and expenses of officers and employees, as 

authorized by law, $166,785,000, including: for salaries and 

expenses of the Office of the Clerk, including not more than $13,000, 

of which not more than $10,000 is for the Family Room, for official 

representation and reception expenses, $22,423,000; for salaries 

and expenses of the Office of the Sergeant at Arms, including 

the position of Superintendent of Garages, and including not more 

than $3,000 for official representation and reception expenses, 


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121 STAT. 2224 PUBLIC LAW 110–161—DEC. 26, 2007 

$6,884,000; for salaries and expenses of the Office of the Chief 

Administrative Officer, $114,553,000, of which $6,269,000 shall 

remain available until expended; for salaries and expenses of the 

Office of the Inspector General, $4,368,000; for salaries and 

expenses of the Office of Emergency Planning, Preparedness and 

Operations, $3,049,000, to remain available until expended; for 

salaries and expenses of the Office of General Counsel, $1,178,000; 

for the Office of the Chaplain, $166,000; for salaries and expenses 

of the Office of the Parliamentarian, including the Parliamentarian, 

$2,000 for preparing the Digest of Rules, and not more than $1,000 

for official representation and reception expenses, $1,799,000; for 

salaries and expenses of the Office of the Law Revision Counsel 

of the House, $2,939,000; for salaries and expenses of the Office 

of the Legislative Counsel of the House, $7,258,000; for salaries 

and expenses of the Office of Interparliamentary Affairs, $702,000; 

for other authorized employees, $1,016,000; and for salaries and 

expenses of the Office of the Historian, $450,000. 

ALLOWANCES AND EXPENSES

For allowances and expenses as authorized by House resolution 

or law, $254,174,000, including: supplies, materials, administrative 

costs and Federal tort claims, $3,588,000; official mail for committees, leadership offices, and administrative offices of the House, 

$310,000; Government contributions for health, retirement, Social 

Security, and other applicable employee benefits, $227,455,000; supplies, materials, and other costs relating to the House portion 

of expenses for the Capitol Visitor Center, $2,262,000, to remain 

available until expended; Business Continuity and Disaster 

Recovery, $16,856,000, of which $5,408,000 shall remain available 

until expended; and miscellaneous items including purchase, 

exchange, maintenance, repair and operation of House motor 

vehicles, interparliamentary receptions, and gratuities to heirs of 

deceased employees of the House, $703,000. 

CHILD CARE CENTER

For salaries and expenses of the House of Representatives 

Child Care Center, such amounts as are deposited in the account 

established by section 312(d)(1) of the Legislative Branch Appropriations Act, 1992 (2 U.S.C. 2112), subject to the level specified in 

the budget of the Center, as submitted to the Committee on Appropriations of the House of Representatives. 

ADMINISTRATIVE PROVISIONS

SEC. 101. (a) REQUIRING AMOUNTS REMAINING IN MEMBERS’ 

REPRESENTATIONAL ALLOWANCES TO BE USED FOR DEFICIT REDUCTION OR TO REDUCE THE FEDERAL DEBT.—Notwithstanding any 

other provision of law, any amounts appropriated under this Act 

for ‘‘HOUSE OF REPRESENTATIVES—SALARIES AND EXPENSES— 

MEMBERS’ REPRESENTATIONAL ALLOWANCES’’ shall be available only 

for fiscal year 2008. Any amount remaining after all payments 

are made under such allowances for fiscal year 2008 shall be 

deposited in the Treasury and used for deficit reduction (or, if 

there is no Federal budget deficit after all such payments have 

been made, for reducing the Federal debt, in such manner as 

the Secretary of the Treasury considers appropriate). 


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PUBLIC LAW 110–161—DEC. 26, 2007 121 STAT. 2225 

(b) REGULATIONS.—The Committee on House Administration 

of the House of Representatives shall have authority to prescribe 

regulations to carry out this section. 

(c) DEFINITION.—As used in this section, the term ‘‘Member 

of the House of Representatives’’ means a Representative in, or 

a Delegate or Resident Commissioner to, the Congress. 

SEC. 102. CONTRACT FOR EXERCISE FACILITY.—(a) Section 103(a) 

of the Legislative Branch Appropriations Act, 2005 (Public Law 

108–447; 118 Stat. 3175), is amended by striking ‘‘private entity’’ 

and inserting ‘‘public or private entity’’. 

(b) The amendment made by subsection (a) shall take effect 

as if included in the enactment of the Legislative Branch Appropriations Act, 2005. 

SEC. 103. DEPOSITS.—(a) The second sentence of section 101 

of the Legislative Branch Appropriations Act, 1996 (2 U.S.C. 117j) 

is amended by striking ‘‘deposited in the Treasury as miscellaneous 

receipts’’ and inserting ‘‘deposited in the Treasury for credit to 

the account of the Office of the Chief Administrative Officer’’. 

(b) The amendments made by this section shall apply with 

respect to fiscal year 2008 and each succeeding fiscal year. 

SEC. 104. HOUSE SERVICES REVOLVING FUND.—(a) Section 

105(b) of the Legislative Branch Appropriations Act, 2005 (2 U.S.C. 

117m(b)) is amended by striking ‘‘the Chief Administrative Officer’’ 

and inserting the following: ‘‘the Chief Administrative Officer, 

including purposes relating to energy and water conservation and 

environmental activities carried out in buildings, facilities, and 

grounds under the Chief Administrative Officer’s jurisdiction,’’. 

(b) The amendments made by this section shall apply with 

respect to fiscal year 2008 and each succeeding fiscal year. 

SEC. 105. ADJUSTMENT.—The first sentence of section 5 of 

House Resolution 1238, Ninety-first Congress, agreed to December 

22, 1970 (as enacted into permanent law by chapter VIII of the 

Supplemental Appropriations Act, 1971) (2 U.S.C. 31b–5), is 

amended by striking ‘‘step 1 of level 6’’ and inserting ‘‘step 7 

of level 11’’. 

JOINT ITEMS 

For Joint Committees, as follows: 

JOINT ECONOMIC COMMITTEE

For salaries and expenses of the Joint Economic Committee, 

$4,398,000, to be disbursed by the Secretary of the Senate. 

JOINT COMMITTEE ON TAXATION

For salaries and expenses of the Joint Committee on Taxation, 

$9,220,000, to be disbursed by the Chief Administrative Officer 

of the House of Representatives. 

JOINT CONGRESSIONAL COMMITTEE ON INAUGURAL CEREMONIES OF

2009 

For salaries and expenses associated with conducting the inaugural ceremonies of the President and Vice President of the United 

States, January 20, 2009, in accordance with such program as 

may be adopted by the joint congressional committee authorized 

Applicability. 

2 USC 117m 

note. 

Applicability. 

2 USC 117j note. 

Effective date. 


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121 STAT. 2226 PUBLIC LAW 110–161—DEC. 26, 2007 

to conduct the inaugural ceremonies of 2009, $1,240,000 to be 

disbursed by the Secretary of the Senate and to remain available 

until September 30, 2009. Funds made available under this heading 

shall be available for payment, on a direct or reimbursable basis, 

whether incurred on, before, or after, October 1, 2008: Provided, 

That the compensation of any employee of the Committee on Rules 

and Administration of the Senate who has been designated to 

perform service with respect to the inaugural ceremonies of 2009 

shall continue to be paid by the Committee on Rules and Administration, but the account from which such staff member is paid 

may be reimbursed for the services of the staff member (including 

agency contributions when appropriate) out of funds made available 

under this heading. 

For other joint items, as follows: 

OFFICE OF THE ATTENDING PHYSICIAN

For medical supplies, equipment, and contingent expenses of 

the emergency rooms, and for the Attending Physician and his 

assistants, including: (1) an allowance of $2,175 per month to the 

Attending Physician; (2) an allowance of $725 per month each 

to four medical officers while on duty in the Office of the Attending 

Physician; (3) an allowance of $725 per month to two assistants 

and $580 per month each not to exceed 11 assistants on the basis 

heretofore provided for such assistants; and (4) $2,063,000 for 

reimbursement to the Department of the Navy for expenses incurred 

for staff and equipment assigned to the Office of the Attending 

Physician, which shall be advanced and credited to the applicable 

appropriation or appropriations from which such salaries, allowances, and other expenses are payable and shall be available for 

all the purposes thereof, $2,798,000, to be disbursed by the Chief 

Administrative Officer of the House of Representatives. 

CAPITOL GUIDE SERVICE AND SPECIAL SERVICES OFFICE

For salaries and expenses of the Capitol Guide Service and Special Services Office, $5,348,000, to be disbursed by the Secretary 

of the Senate. 

STATEMENTS OF APPROPRIATIONS

For the preparation, under the direction of the Committees 

on Appropriations of the Senate and the House of Representatives, 

of the statements for the first session of the 110th Congress, 

showing appropriations made, indefinite appropriations, and contracts authorized, together with a chronological history of the regular appropriations bills as required by law, $30,000, to be paid 

to the persons designated by the chairmen of such committees 

to supervise the work. 

CAPITOL POLICE 

SALARIES

For salaries of employees of the Capitol Police, including overtime, hazardous duty pay differential, and Government contributions for health, retirement, social security, professional liability 


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PUBLIC LAW 110–161—DEC. 26, 2007 121 STAT. 2227 

insurance, and other applicable employee benefits, $232,800,000, 

to be disbursed by the Chief of the Capitol Police or his designee. 

GENERAL EXPENSES

For necessary expenses of the Capitol Police, including motor 

vehicles, communications and other equipment, security equipment 

and installation, uniforms, weapons, supplies, materials, training, 

medical services, forensic services, stenographic services, personal 

and professional services, the employee assistance program, the 

awards program, postage, communication services, travel advances, 

relocation of instructor and liaison personnel for the Federal Law 

Enforcement Training Center, and not more than $5,000 to be 

expended on the certification of the Chief of the Capitol Police 

in connection with official representation and reception expenses, 

$48,900,000, to be disbursed by the Chief of the Capitol Police 

or his designee: Provided, That, notwithstanding any other provision 

of law, the cost of basic training for the Capitol Police at the 

Federal Law Enforcement Training Center for fiscal year 2008 

shall be paid by the Secretary of Homeland Security from funds 

available to the Department of Homeland Security. 

ADMINISTRATIVE PROVISIONS

(INCLUDING TRANSFER OF FUNDS) 

SEC. 1001. TRANSFER AUTHORITY.—Amounts appropriated for 

fiscal year 2008 for the Capitol Police may be transferred between 

the headings ‘‘SALARIES’’ and ‘‘GENERAL EXPENSES’’ upon the 

approval of the Committees on Appropriations of the House of 

Representatives and the Senate. 

SEC. 1002. ADVANCE PAYMENTS.—During fiscal year 2008 and 

each succeeding fiscal year, following notification of the Committees 

on Appropriations of the House of Representatives and the Senate, 

the Chief of the Capitol Police may make payments in advance 

for obligations of the United States Capitol Police for subscription 

services if the Chief determines it to be more prompt, efficient, 

or economical to do so. 

SEC. 1003. UTILITY TUNNEL REPAIRS.—(a) From the unexpended 

balances available under the heading ‘‘Architect of the Capitol, 

Capitol Power Plant’’ in chapter 6 of title V of the U.S. Troop 

Readiness, Veterans’ Care, Katrina Recovery, and Iraq Accountability Appropriations Act, 2007 (Public Law 110–28; 111 Stat. 

167), $876,000 are hereby rescinded. 

(b) In addition to the amounts otherwise made available in 

this Act under the heading ‘‘Capitol Police, Salaries’’, there is appropriated $876,000 for expenses under such heading resulting from 

any utility tunnel repairs and asbestos abatement activities carried 

out by the Architect of the Capitol: Provided, That the amount 

provided by this section is designated as described in section 5 

(in the matter preceding division A of this consolidated Act). 

SEC. 1004. UNITED STATES CAPITOL POLICE AND LIBRARY OF

CONGRESS POLICE MERGER. (a) SHORT TITLE.—This section may 

be cited as the ‘‘U.S. Capitol Police and Library of Congress Police 

Merger Implementation Act of 2007’’. 

(b) TRANSFER OF PERSONNEL.— 

(1) TRANSFERS.— 

U.S. Capitol 

Police and 

Library of 

Congress Police 

Merger 

Implementation 

Act of 2007. 

2 USC 1901 note. 

2 USC 1901 note. 

2 USC 1981. 


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(A) LIBRARY OF CONGRESS POLICE EMPLOYEES.—Effective on the employee’s transfer date, each Library of Congress Police employee shall be transferred to the United 

States Capitol Police and shall become either a member 

or civilian employee of the Capitol Police, as determined 

by the Chief of the Capitol Police under paragraph (2). 

(B) LIBRARY OF CONGRESS POLICE CIVILIAN

EMPLOYEES.—Effective on the employee’s transfer date, 

each Library of Congress Police civilian employee shall 

be transferred to the United States Capitol Police and 

shall become a civilian employee of the Capitol Police. 

(2) TREATMENT OF LIBRARY OF CONGRESS POLICE

EMPLOYEES.— (A) DETERMINATION OF STATUS WITHIN CAPITOL

POLICE.— 

(i) ELIGIBILITY TO SERVE AS MEMBERS OF THE CAPITOL POLICE.—A Library of Congress Police employee 

shall become a member of the Capitol Police on the 

employee’s transfer date if the Chief of the Capitol 

Police determines and issues a written certification 

that the employee meets each of the following requirements: 

(I) Based on the assumption that such 

employee would perform a period of continuous 

Federal service after the transfer date, the 

employee would be entitled to an annuity for 

immediate retirement under section 8336(b) or 

8412(b) of title 5, United States Code (as determined by taking into account subparagraph (C)(i)), 

on the date such employee becomes 60 years of 

age. 

(II) During the transition period, the employee 

successfully completes training, as determined by 

the Chief of the Capitol Police. 

(III) The employee meets the qualifications 

required to be a member of the Capitol Police, 

as determined by the Chief of the Capitol Police. 

(ii) SERVICE AS CIVILIAN EMPLOYEE OF CAPITOL

POLICE.—If the Chief of the Capitol Police determines 

that a Library of Congress Police employee does not 

meet the eligibility requirements, the employee shall 

become a civilian employee of the Capitol Police on 

the employee’s transfer date. 

(iii) FINALITY OF DETERMINATIONS.—Any determination of the Chief of the Capitol Police under this 

subparagraph shall not be appealable or reviewable 

in any manner. 

(iv) DEADLINE FOR DETERMINATIONS.—The Chief 

of the Capitol Police shall complete the determinations 

required under this subparagraph for all Library of 

Congress Police employees not later than September 

30, 2009. 

(B) EXEMPTION FROM MANDATORY SEPARATION.—Section 8335(c) or 8425(c) of title 5, United States Code, shall 

not apply to any Library of Congress Police employee who 

becomes a member of the Capitol Police under this subsection, until the earlier of— 

Effective date. 


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PUBLIC LAW 110–161—DEC. 26, 2007 121 STAT. 2229 

(i) the date on which the individual is entitled 

to an annuity for immediate retirement under section 

8336(b) or 8412(b) of title 5, United States Code; or 

(ii) the date on which the individual— 

(I) is 57 years of age or older; and 

(II) is entitled to an annuity for immediate 

retirement under section 8336(m) or 8412(d) of 

title 5, United States Code, (as determined by 

taking into account subparagraph (C)(i)). 

(C) TREATMENT OF PRIOR CREDITABLE SERVICE FOR

RETIREMENT PURPOSES.— 

(i) PRIOR SERVICE FOR PURPOSES OF ELIGIBILITY

FOR IMMEDIATE RETIREMENT AS MEMBER OF CAPITOL

POLICE.—Any Library of Congress Police employee who 

becomes a member of the Capitol Police under this 

subsection shall be entitled to have any creditable 

service under section 8332 or 8411 of title 5, United 

States Code, that was accrued prior to becoming a 

member of the Capitol Police included in calculating 

the employee’s service as a member of the Capitol 

Police for purposes of section 8336(m) or 8412(d) of 

title 5, United States Code. 

(ii) PRIOR SERVICE FOR PURPOSES OF COMPUTATION

OF ANNUITY.—Any creditable service under section 

8332 or 8411 of title 5, United States Code, of an 

individual who becomes a member of the Capitol Police 

under this paragraph that was accrued prior to 

becoming a member of the Capitol Police— 

(I) shall be treated and computed as employee 

service under section 8339 or section 8415 of such 

title; but 

(II) shall not be treated as service as a member 

of the Capitol Police or service as a congressional 

employee for purposes of applying any formula 

under section 8339(b), 8339(q), 8415(c), or 8415(d) 

of such title under which a percentage of the 

individual’s average pay is multiplied by the years 

(or other period) of such service. 

(3) DUTIES OF EMPLOYEES TRANSFERRED TO CIVILIAN POSITIONS.— 

(A) DUTIES.—The duties of any individual who becomes 

a civilian employee of the Capitol Police under this section, 

including a Library of Congress Police civilian employee 

under paragraph (1)(B) and a Library of Congress Police 

employee who becomes a civilian employee of the Capitol 

Police under paragraph (2)(A)(ii), shall be determined solely 

by the Chief of the Capitol Police, except that a Library 

of Congress Police civilian employee under paragraph (1)(B) 

shall continue to support Library of Congress police operations until all Library of Congress Police employees are 

transferred to the United States Capitol Police under this 

section. 

(B) FINALITY OF DETERMINATIONS.—Any determination 

of the Chief of the Capitol Police under this paragraph 

shall not be appealable or reviewable in any manner. 

(4) PROTECTING STATUS OF TRANSFERRED EMPLOYEES.— 


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121 STAT. 2230 PUBLIC LAW 110–161—DEC. 26, 2007 

(A) NONREDUCTION IN PAY, RANK, OR GRADE.—The 

transfer of any individual under this subsection shall not 

cause that individual to be separated or reduced in basic 

pay, rank or grade. 

(B) LEAVE AND COMPENSATORY TIME.—Any annual 

leave, sick leave, or other leave, or compensatory time, 

to the credit of an individual transferred under this subsection shall be transferred to the credit of that individual 

as a member or an employee of the Capitol Police (as 

the case may be). The treatment of leave or compensatory 

time transferred under this subsection shall be governed 

by regulations of the Capitol Police Board. 

(C) PROHIBITING IMPOSITION OF PROBATIONARY

PERIOD.—The Chief of the Capitol Police may not impose 

a period of probation on any individual who is transferred 

under this section. 

(5) RULES OF CONSTRUCTION RELATING TO EMPLOYEE REPRESENTATION.— 

(A) EMPLOYEE REPRESENTATION.—Nothing in this section shall be construed to authorize any labor organization 

that represented an individual who was a Library of Congress police employee or a Library of Congress police 

civilian employee before the individual’s transfer date to 

represent that individual as a member of the Capitol Police 

or an employee of the Capitol Police after the individual’s 

transfer date. 

(B) AGREEMENTS NOT APPLICABLE.—Nothing in this section shall be construed to authorize any collective bargaining agreement (or any related court order, stipulated 

agreement, or agreement to the terms or conditions of 

employment) applicable to Library of Congress police 

employees or to Library of Congress police civilian 

employees to apply to members of the Capitol Police or 

to civilian employees of the Capitol Police. 

(6) RULE OF CONSTRUCTION RELATING TO PERSONNEL

AUTHORITY OF THE CHIEF OF THE CAPITOL POLICE.—Nothing 

in this section shall be construed to affect the authority of 

the Chief of the Capitol Police to— 

(A) terminate the employment of a member of the 

Capitol Police or a civilian employee of the Capitol Police; 

or 

(B) transfer any individual serving as a member of 

the Capitol Police or a civilian employee of the Capitol 

Police to another position with the Capitol Police. 

(7) TRANSFER DATE DEFINED.—In this section, the term 

‘‘transfer date’’ means, with respect to an employee— 

(A) in the case of a Library of Congress Police employee 

who becomes a member of the Capitol Police, the first 

day of the first pay period applicable to members of the 

United States Capitol Police which begins after the date 

on which the Chief of the Capitol Police issues the written 

certification for the employee under paragraph (2)(A); 

(B) in the case of a Library of Congress Police employee 

who becomes a civilian employee of the Capitol Police, 

the first day of the first pay period applicable to employees 

of the United States Capitol Police which begins after 

September 30, 2009; or 


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PUBLIC LAW 110–161—DEC. 26, 2007 121 STAT. 2231 

(C) in the case of a Library of Congress Police civilian 

employee, the first day of the first pay period applicable 

to employees of the United States Capitol Police which 

begins after September 30, 2008. 

(8) CANCELLATION IN PORTION OF UNOBLIGATED BALANCE

OF FEDLINK REVOLVING FUND .—Amounts available for obligation by the Librarian of Congress as of the date of the enactment of this Act from the unobligated balance in the revolving 

fund established under section 103 of the Library of Congress 

Fiscal Operations Improvement Act of 2000 (2 U.S.C. 182c) 

for the Federal Library and Information Network program of 

the Library of Congress and the Federal Research program 

of the Library of Congress are reduced by a total of $560,000, 

and the amount so reduced is hereby cancelled. 

(c) TRANSITION PROVISIONS.— 

(1) TRANSFER AND ALLOCATIONS OF PROPERTY AND APPROPRIATIONS.— 

(A) IN GENERAL.—Effective on the transfer date of any 

Library of Congress Police employee and Library of Congress Police civilian employee who is transferred under 

this section— 

(i) the assets, liabilities, contracts, property, and 

records associated with the employee shall be transferred to the Capitol Police; and 

(ii) the unexpended balances of appropriations, 

authorizations, allocations, and other funds employed, 

used, held, arising from, available to, or to be made 

available in connection with the employee shall be 

transferred to and made available under the appropriations accounts for the Capitol Police for ‘‘Salaries’’ and 

‘‘General Expenses’’, as applicable. 

(B) JOINT REVIEW.—During the transition period, the 

Chief of the Capitol Police and the Librarian of Congress 

shall conduct a joint review of the assets, liabilities, contracts, property records, and unexpended balances of appropriations, authorizations, allocations, and other funds 

employed, used, held, arising from, available to, or to be 

made available in connection with the transfer under this 

section. 

(2) TREATMENT OF ALLEGED VIOLATIONS OF CERTAIN

EMPLOYMENT LAWS WITH RESPECT TO TRANSFERRED INDIVIDUALS.— 

(A) IN GENERAL.—Notwithstanding any other provision 

of law and except as provided in subparagraph (C), in 

the case of an alleged violation of any covered law (as 

defined in subparagraph (D)) which is alleged to have 

occurred prior to the transfer date with respect to an individual who is transferred under this section, and for which 

the individual has not exhausted all of the remedies available for the consideration of the alleged violation which 

are provided for employees of the Library of Congress under 

the covered law prior to the transfer date, the following 

shall apply: 

(i) The individual may not initiate any procedure 

which is available for the consideration of the alleged 

violation of the covered law which is provided for 


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121 STAT. 2232 PUBLIC LAW 110–161—DEC. 26, 2007 

employees of the Library of Congress under the covered 

law. 

(ii) To the extent that the individual has initiated 

any such procedure prior to the transfer date, the 

procedure shall terminate and have no legal effect. 

(iii) Subject to subparagraph (B), the individual 

may initiate and participate in any procedure which 

is available for the resolution of grievances of officers 

and employees of the Capitol Police under the Congressional Accountability Act of 1995 (2 U.S.C. 1301 et 

seq.) to provide for consideration of the alleged violation. The previous sentence does not apply in the case 

of an alleged violation for which the individual 

exhausted all of the available remedies which are provided for employees of the Library of Congress under 

the covered law prior to the transfer date. 

(B) SPECIAL RULES FOR APPLYING CONGRESSIONAL

ACCOUNTABILITY ACT OF 1995.—In applying subparagraph 

(A)(iii) with respect to an individual to whom this subsection applies, for purposes of the consideration of the 

alleged violation under the Congressional Accountability 

Act of 1995— 

(i) the date of the alleged violation shall be the 

individual’s transfer date; 

(ii) notwithstanding the third sentence of section 

402(a) of such Act (2 U.S.C. 1402(a)), the individual’s 

request for counseling under such section shall be made 

not later than 60 days after the date of the alleged 

violation; and 

(iii) the employing office of the individual at the 

time of the alleged violation shall be the Capitol Police 

Board. 

(C) EXCEPTION FOR ALLEGED VIOLATIONS SUBJECT TO

HEARING PRIOR TO TRANSFER.—Subparagraph (A) does not 

apply with respect to an alleged violation for which a 

hearing has commenced in accordance with the covered 

law on or before the transfer date. 

(D) COVERED LAW DEFINED.—In this paragraph, a ‘‘covered law’’ is any law for which the remedy for an alleged 

violation is provided for officers and employees of the Capitol Police under the Congressional Accountability Act of 

1995 (2 U.S.C. 1301 et seq.). 

(3) AVAILABILITY OF DETAILEES DURING TRANSITION

PERIOD.—During the transition period, the Chief of the Capitol 

Police may detail additional members of the Capitol Police 

to the Library of Congress, without reimbursement. 

(4) EFFECT ON EXISTING MEMORANDUM OF UNDERSTANDING.—The Memorandum of Understanding between the 

Library of Congress and the Capitol Police entered into on 

December 12, 2004, shall remain in effect during the transition 

period, subject to— 

(A) the provisions of this section; and 

(B) such modifications as may be made in accordance 

with the modification and dispute resolution provisions 

of the Memorandum of Understanding, consistent with the 

provisions of this section. 


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PUBLIC LAW 110–161—DEC. 26, 2007 121 STAT. 2233 

(5) RULE OF CONSTRUCTION RELATING TO PERSONNEL

AUTHORITY OF THE LIBRARIAN OF CONGRESS.—Nothing in this 

section shall be construed to affect the authority of the 

Librarian of Congress to— 

(A) terminate the employment of a Library of Congress 

Police employee or Library of Congress Police civilian 

employee; or 

(B) transfer any individual serving in a Library of 

Congress Police employee position or Library of Congress 

Police civilian employee position to another position at 

the Library of Congress. 

(d) POLICE JURISDICTION, UNLAWFUL ACTIVITIES, AND PEN- ALTIES.— 

(1) JURISDICTION.— (A) EXTENSION OF CAPITOL POLICE JURISDICTION.—Section 9 of the Act entitled ‘‘An Act to define the area of 

the United States Capitol Grounds, to regulate the use 

thereof, and for other purposes’’, approved July 31, 1946 

(2 U.S.C. 1961) is amended by adding at the end the 

following: 

‘‘(d) For purposes of this section, ‘United States Capitol 

Buildings and Grounds’ shall include the Library of Congress 

buildings and grounds described under section 11 of the Act entitled 

‘An Act relating to the policing of the buildings of the Library 

of Congress’, approved August 4, 1950 (2 U.S.C. 167j), except that 

in a case of buildings or grounds not located in the District of 

Columbia, the authority granted to the Metropolitan Police Force 

of the District of Columbia shall be granted to any police force 

within whose jurisdiction the buildings or grounds are located.’’. 

(B) REPEAL OF LIBRARY OF CONGRESS POLICE JURISDICTION.—The first section and sections 7 and 9 of the Act 

of August 4, 1950 (2 U.S.C. 167, 167f, 167h) are repealed 

on October 1, 2009. 

(2) UNLAWFUL ACTIVITIES AND PENALTIES.— 

(A) EXTENSION OF UNITED STATES CAPITOL BUILDINGS

AND GROUNDS PROVISIONS TO THE LIBRARY OF CONGRESS

BUILDINGS AND GROUNDS.— 

(i) CAPITOL BUILDINGS.—Section 5101 of title 40, 

United States Code, is amended by inserting ‘‘all 

buildings on the real property described under section 

5102(d)’’ after ‘‘(including the Administrative Building 

of the United States Botanic Garden)’’. 

(ii) CAPITOL GROUNDS.—Section 5102 of title 40, 

United States Code, is amended by adding at the end 

the following: 

‘‘(d) LIBRARY OF CONGRESS BUILDINGS AND GROUNDS.— 

‘‘(1) IN GENERAL.—Except as provided under paragraph 

(2), the United States Capitol Grounds shall include the Library 

of Congress grounds described under section 11 of the Act 

entitled ‘An Act relating to the policing of the buildings of 

the Library of Congress’, approved August 4, 1950 (2 U.S.C. 

167j). 

‘‘(2) AUTHORITY OF LIBRARIAN OF CONGRESS.—Notwithstanding subsections (a) and (b), the Librarian of Congress 

shall retain authority over the Library of Congress buildings 

and grounds in accordance with section 1 of the Act of June 

29, 1922 (2 U.S.C. 141; 42 Stat. 715).’’. 

2 USC 167 note. 


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121 STAT. 2234 PUBLIC LAW 110–161—DEC. 26, 2007 

(iii) CONFORMING AMENDMENT RELATING TO DIS- ORDERLY CONDUCT.—Section 5104(e)(2) of title 40, 

United States Code, is amended by striking subparagraph (C) and inserting the following: 

‘‘(C) with the intent to disrupt the orderly conduct 

of official business, enter or remain in a room in any 

of the Capitol Buildings set aside or designated for 

the use of— 

‘‘(i) either House of Congress or a Member, 

committee, officer, or employee of Congress, or 

either House of Congress; or 

‘‘(ii) the Library of Congress;’’. 

(B) REPEAL OF OFFENSES AND PENALTIES SPECIFIC TO

THE LIBRARY OF CONGRESS.—Sections 2, 3, 4, 5, 6, and 

8 of the Act of August 4, 1950 (2 U.S.C. 167a, 167b, 

167c, 167d, 167e, and 167g) are repealed. 

(C) SUSPENSION OF PROHIBITIONS AGAINST USE OF

LIBRARY OF CONGRESS BUILDINGS AND GROUNDS.—Section 

10 of the Act of August 4, 1950 (2 U.S.C. 167i) is amended 

by striking ‘‘2 to 6, inclusive, of this Act’’ and inserting 

‘‘5103 and 5104 of title 40, United States Code’’. 

(D) CONFORMING AMENDMENT TO DESCRIPTION OF

LIBRARY OF CONGRESS GROUNDS.—Section 11 of the Act 

of August 4, 1950 (2 U.S.C. 167j) is amended— 

(i) in subsection (a), by striking ‘‘For the purposes 

of this Act the’’ and inserting ‘‘The’’; 

(ii) in subsection (b), by striking ‘‘For the purposes 

of this Act the’’ and inserting ‘‘The’’; 

(iii) in subsection (c), by striking ‘‘For the purposes 

of this Act the’’ and inserting ‘‘The’’; and 

(iv) in subsection (d), by striking ‘‘For the purposes 

of this Act the’’ and inserting ‘‘The’’. 

(3) CONFORMING AMENDMENT RELATING TO JURISDICTION

OF INSPECTOR GENERAL OF LIBRARY OF CONGRESS.—Section 

1307(b)(1) of the Legislative Branch Appropriations Act, 2006 

(2 U.S.C. 185(b)), is amended by striking the semicolon at 

the end and inserting the following: ‘‘, except that nothing 

in this paragraph may be construed to authorize the Inspector 

General to audit or investigate any operations or activities 

of the United States Capitol Police;’’. 

(4) EFFECTIVE DATE.—The amendments made by this section shall take effect October 1, 2009. 

(e) COLLECTIONS, PHYSICAL SECURITY, CONTROL, AND PRESERVATION OF ORDER AND DECORUM WITHIN THE LIBRARY.— 

(1) ESTABLISHMENT OF REGULATIONS.—The Librarian of 

Congress shall establish standards and regulations for the physical security, control, and preservation of the Library of Congress collections and property, and for the maintenance of suitable order and decorum within Library of Congress. 

(2) TREATMENT OF SECURITY SYSTEMS.— 

(A) RESPONSIBILITY FOR SECURITY SYSTEMS.—In accordance with the authority of the Capitol Police and the 

Librarian of Congress established under this section, the 

amendments made by this section, and the provisions of 

law referred to in subparagraph (C), the Chief of the Capitol 

Police and the Librarian of Congress shall be responsible 

for the operation of security systems at the Library of 

2 USC 141b. 

2 USC 167 note. 


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PUBLIC LAW 110–161—DEC. 26, 2007 121 STAT. 2235 

Congress buildings and grounds described under section 

11 of the Act of August 4, 1950, in consultation and 

coordination with each other, subject to the following: 

(i) The Librarian of Congress shall be responsible 

for the design of security systems for the control and 

preservation of Library collections and property, subject to the review and approval of the Chief of the 

Capitol Police. 

(ii) The Librarian of Congress shall be responsible 

for the operation of security systems at any building 

or facility of the Library of Congress which is located 

outside of the District of Columbia, subject to the 

review and approval of the Chief of the Capitol Police. 

(B) INITIAL PROPOSAL FOR OPERATION OF SYSTEMS.— 

Not later than October 1, 2008, the Chief of the Capitol 

Police, in coordination with the Librarian of Congress, shall 

prepare and submit to the Committee on House Administration of the House of Representatives, the Committee 

on Rules and Administration of the Senate, and the 

Committees on Appropriations of the House of Representatives and the Senate an initial proposal for carrying out 

this paragraph. 

(C) PROVISIONS OF LAW.—The provisions of law referred 

to in this subparagraph are as follows: 

(i) Section 1 of the Act of June 29, 1922 (2 U.S.C. 

141). 

(ii) The undesignated provision under the heading 

‘‘General Provision, This Chapter’’ in chapter 5 of title 

II of division B of the Omnibus Consolidated and Emergency Supplemental Appropriations Act, 1999 (2 U.S.C. 

141a). 

(iii) Section 308 of the Legislative Branch Appropriations Act, 1996 (2 U.S.C. 1964). 

(iv) Section 308 of the Legislative Branch Appropriations Act, 1997 (2 U.S.C. 1965). 

(f) PAYMENT OF CAPITOL POLICE SERVICES PROVIDED IN

CONNECTION WITH RELATING TO LIBRARY OF CONGRESS SPECIAL

EVENTS.— 

(1) PAYMENTS OF AMOUNTS DEPOSITED IN REVOLVING

FUND.—Section 102(e) of the Library of Congress Fiscal Operations Improvement Act of 2000 (2 U.S.C. 182b(e)) is amended 

to read as follows: 

‘‘(e) USE OF AMOUNTS.— 

‘‘(1) IN GENERAL.—Except as provided in paragraph (2), 

amounts in the accounts of the revolving fund under this section 

shall be available to the Librarian, in amounts specified in 

appropriations Acts and without fiscal year limitation, to carry 

out the programs and activities covered by such accounts. 

‘‘(2) SPECIAL RULE FOR PAYMENTS FOR CERTAIN CAPITOL

POLICE SERVICES.—In the case of any amount in the revolving 

fund consisting of a payment received for services of the United 

States Capitol Police in connection with a special event or 

program described in subsection (a)(4), the Librarian shall 

transfer such amount upon receipt to the Capitol Police for 

deposit into the applicable appropriations accounts of the Capitol Police.’’. 

Deadline. 


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121 STAT. 2236 PUBLIC LAW 110–161—DEC. 26, 2007 

(2) USE OF OTHER LIBRARY FUNDS TO MAKE PAYMENTS.— 

In addition to amounts transferred pursuant to section 102(e)(2) 

of the Library of Congress Fiscal Operations Improvement Act 

of 2000 (as added by paragraph (1)), the Librarian of Congress 

may transfer amounts made available for salaries and expenses 

of the Library of Congress during a fiscal year to the applicable 

appropriations accounts of the United States Capitol Police 

in order to reimburse the Capitol Police for services provided 

in connection with a special event or program described in 

section 102(a)(4) of such Act. 

(3) EFFECTIVE DATE.—The amendments made by this subsection shall apply with respect to services provided by the 

United States Capitol Police on or after the date of the enactment of this Act. 

(g) OTHER CONFORMING AMENDMENTS.— 

(1) IN GENERAL.—Section 1015 of the Legislative Branch 

Appropriations Act, 2003 (2 U.S.C. 1901 note) and section 1006 

of the Legislative Branch Appropriations Act, 2004 (2 U.S.C. 

1901 note; Public Law 108–83; 117 Stat. 1023) are repealed. 

(2) EFFECTIVE DATE.—The amendments made by paragraph 

(1) shall take effect October 1, 2009. 

(h) DEFINITIONS.—In this section— 

(1) the term ‘‘Act of August 4, 1950’’ means the Act entitled 

‘‘An Act relating to the policing of the buildings and grounds 

of the Library of Congress,’’ (2 U.S.C. 167 et seq.); 

(2) the term ‘‘Library of Congress Police employee’’ means 

an employee of the Library of Congress designated as police 

under the first section of the Act of August 4, 1950 (2 U.S.C. 

167); 

(3) the term ‘‘Library of Congress Police civilian employee’’ 

means an employee of the Library of Congress Office of Security 

and Emergency Preparedness who provides direct administrative support to, and is supervised by, the Library of Congress 

Police, but shall not include an employee of the Library of 

Congress who performs emergency preparedness or collections 

control and preservation functions; and 

(4) the term ‘‘transition period’’ means the period the first 

day of which is the date of the enactment of this Act and 

the final day of which is September 30, 2009. 

OFFICE OF COMPLIANCE 

SALARIES AND EXPENSES

For salaries and expenses of the Office of Compliance, as 

authorized by section 305 of the Congressional Accountability Act 

of 1995 (2 U.S.C. 1385), $3,350,000, of which $700,000 shall remain 

available until September 30, 2009: Provided, That the Executive 

Director of the Office of Compliance may, within the limits of 

available appropriations, dispose of surplus or obsolete personal 

property by interagency transfer, donation, or discarding: Provided 

further, That not more than $500 may be expended on the certification of the Executive Director of the Office of Compliance in 

connection with official representation and reception expenses. 

2 USC 1901 note. 

2 USC 1901 note. 

2 USC 182b note. 

2 USC 143c. 


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PUBLIC LAW 110–161—DEC. 26, 2007 121 STAT. 2237 

ADMINISTRATIVE PROVISION

SEC. 1101. COMPENSATION OF BOARD AND OFFICERS OF THE

OFFICE OF COMPLIANCE. (a) MEMBERS OF THE BOARD OF DIRECTORS.—Section 301(g) of the Congressional Accountability Act of 

1995 (2 U.S.C. 1381(g)) is amended by striking paragraph (1) and 

inserting the following: 

‘‘(1) PER DIEM.— 

‘‘(A) RATE OF COMPENSATION FOR EACH DAY.—Each 

member of the Board shall be compensated, for each day 

(including travel time) during which such member is 

engaged in the performance of the duties of the Board, 

at a rate equal to the daily equivalent of the lesser of— 

‘‘(i) the highest annual rate of compensation of 

any officer of the Senate; or 

‘‘(ii) the highest annual rate of compensation of 

any officer of the House of Representatives. 

‘‘(B) AUTHORITY TO PRORATE.—The rate of pay of a 

member may be prorated based on the portion of the day 

during which the member is engaged in the performance 

of Board duties.’’. 

(b) OFFICERS.—Section 302 of the Congressional Accountability 

Act of 1995 (2 U.S.C. 1382) is amended— 

(1) in subsection (a), by striking paragraph (2) and inserting 

the following: 

‘‘(2) COMPENSATION.— ‘‘(A) AUTHORITY TO FIX COMPENSATION.—The Chair 

may fix the compensation of the Executive Director. 

‘‘(B) LIMITATION.—The rate of pay for the Executive 

Director may not exceed the lesser of— 

‘‘(i) the highest annual rate of compensation of 

any officer of the Senate; or 

‘‘(ii) the highest annual rate of compensation of 

any officer of the House of Representatives.’’; 

(2) in subsection (b), by striking paragraph (3) and inserting 

the following: 

‘‘(3) COMPENSATION.— 

‘‘(A) AUTHORITY TO FIX COMPENSATION.—The Chair 

may fix the compensation of the Deputy Executive Directors. 

‘‘(B) LIMITATION.—The rate of pay for a Deputy Executive Director may not exceed 96 percent of the lesser of— 

‘‘(i) the highest annual rate of compensation of 

any officer of the Senate; or 

‘‘(ii) the highest annual rate of compensation of 

any officer of the House of Representatives.’’; 

(3) in subsection (c), by striking paragraph (2) and inserting 

the following: 

‘‘(2) COMPENSATION.— 

‘‘(A) AUTHORITY TO FIX COMPENSATION.—The Chair 

may fix the compensation of the General Counsel. 

‘‘(B) LIMITATION.—The rate of pay for the General 

Counsel may not exceed the lesser of— 

‘‘(i) the highest annual rate of compensation of 

any officer of the Senate; or 

‘‘(ii) the highest annual rate of compensation of 

any officer of the House of Representatives.’’; and 


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121 STAT. 2238 PUBLIC LAW 110–161—DEC. 26, 2007 

(4) in subsection (e), by striking ‘‘General Accounting Office’’ 

and inserting ‘‘Government Accountability Office’’. 

CONGRESSIONAL BUDGET OFFICE 

SALARIES AND EXPENSES

For salaries and expenses necessary for operation of the Congressional Budget Office, including not more than $4,000 to 

be expended on the certification of the Director of the Congressional 

Budget Office in connection with official representation and reception expenses, $37,399,000. 

ADMINISTRATIVE PROVISION

SEC. 1201. EXECUTIVE EXCHANGE PROGRAM FOR THE CONGRES- SIONAL BUDGET OFFICE. (a) IN GENERAL.—The Director of the 

Congressional Budget Office may establish and conduct an executive 

exchange program under which employees of the Office may be 

assigned to private sector organizations, and employees of private 

sector organizations may be assigned to the Office, for 1-year periods 

to further the institutional interests of the Office or Congress, 

including for the purpose of providing training to officers and 

employees of the Office. 

(b) LIMITATIONS AND CONDITIONS.—The Director of the Congressional Budget Office shall— 

(1) limit the number of officers and employees who are 

assigned to private sector organizations at any one time to 

not more than 3; 

(2) limit the number of employees from private sector 

organizations who are assigned to the Office at any one time 

to not more than 3; 

(3) require that an employee of a private sector organization 

assigned to the Office may not have access to any trade secrets 

or to any other nonpublic information which is of commercial 

value to the private sector organization from which such 

employee is assigned; and 

(4) approve employees to be detailed from the private sector 

without regard to political affiliation and solely on the basis 

of their fitness to perform their assigned duties. 

(c) TREATMENT OF PRIVATE EMPLOYEES.—An employee of a 

private sector organization assigned to the Office under the executive exchange program shall be considered to be an employee of 

the Office for purposes of— 

(1) chapter 73 of title 5, United States Code; 

(2) sections 201, 203, 205, 207, 208, 209, 603, 606, 607, 

643, 654, 1905, and 1913 of title 18, United States Code; 

(3) sections 1343, 1344, and 1349(b) of title 31, United 

States Code; 

(4) chapter 171 of title 28, United States Code (commonly 

referred to as the ‘‘Federal Tort Claims Act’’) and any other 

Federal tort liability statute; 

(5) the Ethics in Government Act of 1978 (5 U.S.C. App.); 

and 

(6) section 1043 of the Internal Revenue Code of 1986. 

(d) TERMINATION OF ASSIGNMENTS.—No assignment under this 

section shall commence after the end of the 2-year period beginning 

on the date of enactment of this section. 

2 USC 611 note. 


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(e) EFFECTIVE DATE.—Subject to subsection (d), this section 

shall apply to fiscal year 2008 and each fiscal year thereafter. 

ARCHITECT OF THE CAPITOL 

GENERAL ADMINISTRATION

For salaries for the Architect of the Capitol, and other personal 

services, at rates of pay provided by law; for surveys and studies 

in connection with activities under the care of the Architect of 

the Capitol; for all necessary expenses for the general and administrative support of the operations under the Architect of the Capitol 

including the Botanic Garden; electrical substations of the Capitol, 

Senate and House office buildings, and other facilities under the 

jurisdiction of the Architect of the Capitol; including furnishings 

and office equipment; including not more than $5,000 for official 

reception and representation expenses, to be expended as the 

Architect of the Capitol may approve; for purchase or exchange, 

maintenance, and operation of a passenger motor vehicle, 

$79,897,000, of which $400,000 shall remain available until September 30, 2012. 

CAPITOL BUILDING

For all necessary expenses for the maintenance, care and oper- ation of the Capitol, $24,090,000, of which $8,290,000 shall remain 

available until September 30, 2012. 

CAPITOL GROUNDS

For all necessary expenses for care and improvement of grounds 

surrounding the Capitol, the Senate and House office buildings, 

and the Capitol Power Plant, $10,090,000, of which $500,000 shall 

remain available until September 30, 2012. 

SENATE OFFICE BUILDINGS

For all necessary expenses for the maintenance, care and operation of Senate office buildings; and furniture and furnishings to 

be expended under the control and supervision of the Architect 

of the Capitol, $70,283,000, of which $14,400,000 shall remain 

available until September 30, 2012. 

HOUSE OFFICE BUILDINGS

For all necessary expenses for the maintenance, care and oper- ation of the House office buildings, $65,635,000, of which 

$25,400,000 shall remain available until September 30, 2012. 

CAPITOL POWER PLANT

For all necessary expenses for the maintenance, care and operation of the Capitol Power Plant; lighting, heating, power (including 

the purchase of electrical energy) and water and sewer services 

for the Capitol, Senate and House office buildings, Library of Congress buildings, and the grounds about the same, Botanic Garden, 

Senate garage, and air conditioning refrigeration not supplied from 

plants in any of such buildings; heating the Government Printing 

Office and Washington City Post Office, and heating and chilled 


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water for air conditioning for the Supreme Court Building, the 

Union Station complex, the Thurgood Marshall Federal Judiciary 

Building and the Folger Shakespeare Library, expenses for which 

shall be advanced or reimbursed upon request of the Architect 

of the Capitol and amounts so received shall be deposited into 

the Treasury to the credit of this appropriation, $85,310,000, of 

which $3,155,000 shall remain available until September 30, 2012: 

Provided, That not more than $8,000,000 of the funds credited 

or to be reimbursed to this appropriation as herein provided shall 

be available for obligation during fiscal year 2008. 

LIBRARY BUILDINGS AND GROUNDS

For all necessary expenses for the mechanical and structural 

maintenance, care and operation of the Library buildings and 

grounds, $27,553,000, of which $4,890,000 shall remain available 

until September 30, 2012. 

CAPITOL POLICE BUILDINGS, GROUNDS, AND SECURITY

For all necessary expenses for the maintenance, care and operation of buildings, grounds and security enhancements of the United 

States Capitol Police, wherever located, the Alternate Computer 

Facility, and AOC security operations, $14,966,000, of which 

$1,000,000 shall remain available until September 30, 2012. 

BOTANIC GARDEN

For all necessary expenses for the maintenance, care and operation of the Botanic Garden and the nurseries, buildings, grounds, 

and collections; and purchase and exchange, maintenance, repair, 

and operation of a passenger motor vehicle; all under the direction 

of the Joint Committee on the Library, $8,808,000: Provided, That 

of the amount made available under this heading, the Architect 

may obligate and expend such sums as may be necessary for the 

maintenance, care and operation of the National Garden established 

under section 307E of the Legislative Branch Appropriations Act, 

1989 (2 U.S.C. 2146), upon vouchers approved by the Architect 

or a duly authorized designee. 

CAPITOL VISITOR CENTER

For an additional amount for the Capitol Visitor Center project, 

$28,753,000, to remain available until expended, of which up to 

$8,500,000 may be used for Capitol Visitor Center operations: Provided, That the Architect of the Capitol may not obligate any 

of the funds which are made available for the Capitol Visitor 

Center project without an obligation plan approved by the Committees on Appropriations of the Senate and House of Representatives. 

ADMINISTRATIVE PROVISIONS

SEC. 1301. INSPECTOR GENERAL OF THE ARCHITECT OF THE

CAPITOL. (a) SHORT TITLE.—This section may be cited as the 

‘‘Architect of the Capitol Inspector General Act of 2007’’. 

(b) OFFICE OF INSPECTOR GENERAL.—There is an Office of 

Inspector General within the Office of the Architect of the Capitol 

which is an independent objective office to— 

Architect of the 

Capitol Inspector 

General Act of 

2007. 

2 USC 1808. 


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(1) conduct and supervise audits and investigations relating 

to the Architect of the Capitol; 

(2) provide leadership and coordination and recommend 

policies to promote economy, efficiency, and effectiveness; and 

(3) provide a means of keeping the Architect of the Capitol 

and the Congress fully and currently informed about problems 

and deficiencies relating to the administration of programs 

and operations of the Architect of the Capitol. 

(c) APPOINTMENT OF INSPECTOR GENERAL; SUPERVISION; 

REMOVAL.— 

(1) APPOINTMENT AND SUPERVISION.— 

(A) IN GENERAL.—There shall be at the head of the 

Office of Inspector General, an Inspector General who shall 

be appointed by the Architect of the Capitol, in consultation 

with the Inspectors General of the Library of Congress, 

Government Printing Office, Government Accountability 

Office, and United States Capitol Police. The appointment 

shall be made without regard to political affiliation and 

solely on the basis of integrity and demonstrated ability 

in accounting, auditing, financial analysis, law, management analysis, public administration, or investigations. The 

Inspector General shall report to, and be under the general 

supervision of, the Architect of the Capitol. 

(B) AUDITS, INVESTIGATIONS, REPORTS, AND OTHER

DUTIES AND RESPONSIBILITIES.—The Architect of the Capitol 

shall have no authority to prevent or prohibit the Inspector 

General from— 

(i) initiating, carrying out, or completing any audit 

or investigation; 

(ii) issuing any subpoena during the course of any 

audit or investigation; 

(iii) issuing any report; or 

(iv) carrying out any other duty or responsibility 

of the Inspector General under this section. 

(2) REMOVAL.—The Inspector General may be removed from 

office by the Architect of the Capitol. The Architect of the 

Capitol shall, promptly upon such removal, communicate in 

writing the reasons for any such removal to each House of 

Congress. 

(3) COMPENSATION.—The Inspector General shall be paid 

at an annual rate of pay equal to $1,500 less than the annual 

rate of pay of the Architect of the Capitol. 

(d) DUTIES, RESPONSIBILITIES, AUTHORITY, AND REPORTS.— 

(1) IN GENERAL.—Sections 4, 5 (other than subsections 

(a)(13) and (e)(1)(B) thereof), 6 (other than subsection (a)(7) 

and (8) thereof), and 7 of the Inspector General Act of 1978 

(5 U.S.C. App.) shall apply to the Inspector General of the 

Architect of the Capitol and the Office of such Inspector General 

and such sections shall be applied to the Office of the Architect 

of the Capitol and the Architect of the Capitol by substituting— 

(A) ‘‘Office of the Architect of the Capitol’’ for 

‘‘establishment’’; and 

(B) ‘‘Architect of the Capitol’’ for ‘‘head of the establishment’’. 

(2) EMPLOYEES.—The Inspector General, in carrying out 

this section, is authorized to select, appoint, and employ such 


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officers and employees (including consultants) as may be necessary for carrying out the functions, powers, and duties of 

the Office of Inspector General subject to the provisions of 

law governing selections, appointments, and employment in 

the Office of the Architect of the Capitol. 

(e) TRANSFERS.—All functions, personnel, and budget resources 

of the Office of the Inspector General of the Architect of the Capitol 

as in effect before the effective date of this section are transferred 

to the Office of Inspector General described under subsection (b). 

(f) REFERENCES.—References in any other Federal law, Executive order, rule, regulation, or delegation of authority, or any document of or relating to the Inspector General of the Architect of 

the Capitol shall be deemed to refer to the Inspector General 

as set forth under this section. 

(g) FIRST APPOINTMENT.—By the date occurring 180 days after 

the date of enactment of this Act, the Architect of the Capitol 

shall appoint an individual to the position of Inspector General 

of the Architect of the Capitol described under subparagraph (A) 

of subsection (c)(1) in accordance with that subparagraph. 

(h) EFFECTIVE DATE.— 

(1) IN GENERAL.—Except as provided under paragraph (2), 

this section shall take effect 180 days after the date of enactment of this Act and apply with respect to fiscal year 2008 

and each fiscal year thereafter. 

(2) FIRST APPOINTMENT.—Subsection (g) shall take effect 

on the date of enactment of this Act and the Architect of 

the Capitol shall take such actions as necessary after such 

date of enactment to carry out that subsection. 

SEC. 1302. FLEXIBLE WORK SCHEDULES. Notwithstanding section 6101 of title 5, United States Code, the Architect of the Capitol 

may establish and conduct a pilot program to test flexible work 

schedules within the Architect of the Capitol and Botanic Garden. 

Such pilot program shall be in accordance with chapter 61 of 

title 5, United States Code. This authority shall terminate effective 

September 30, 2008. 

SEC. 1303. TRAVEL AND TRANSPORTATION. (a) IN GENERAL.— 

Section 5721(1) of title 5, United States Code, is amended— 

(1) by redesignating subparagraphs (G) and (H) as subparagraphs (H) and (I), respectively; and 

(2) by inserting after subparagraph (F) the following: 

‘‘(G) the Architect of the Capitol;’’. 

(b) DEMONSTRATION PROGRAM.—Section 521(1)(B) of the 

National Energy Conservation Policy Act (42 U.S.C. 8241(1)(B)) 

is amended by striking ‘‘paragraphs (B) through (H)’’ and inserting 

‘‘subparagraphs (B) through (I)’’. 

SEC. 1304. ADVANCE PAYMENTS.—During fiscal year 2008 and 

each succeeding fiscal year, following notification of the Committees 

on Appropriations of the House of Representatives and the Senate, 

the Architect of the Capitol may make payments in advance for 

obligations of the Office of the Architect of the Capitol for subscription services if the Architect determines it to be more prompt, 

efficient, or economical to do so. 

SEC. 1305. CVC MAINTENANCE.—For maintenance purposes, 

the Capitol Visitor Center (CVC) is considered an extension of 

the Capitol Building, and the maintenance functions for the CVC’s 

infrastructure is the responsibility of the Architect of the Capitol. 

Starting in fiscal year 2008, and each fiscal year thereafter, the 

2 USC 1825. 

2 USC 1869. 

Termination 

date. 

2 USC 1831 note. 

Deadline. 


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CVC’s facilities maintenance budget and associated payroll will 

be included with the Capitol Building’s appropriation budget, and 

integrated in such a way as to facilitate the reporting of expenses 

associated with the maintenance of the CVC facility. 

SEC. 1306. LEASING AUTHORITY.—(a) Section 1102(b) of the 

Legislative Branch Appropriations Act, 2004 (2 U.S.C. 1822(b)) 

is amended— 

(1) in paragraph (1), by striking ‘‘Committee on Rules and 

Administration’’ and inserting ‘‘Committees on Appropriations 

and Rules and Administration’’; 

(2) in paragraph (2), by striking ‘‘the House Office Building 

Commission’’ and inserting ‘‘the Committee on Appropriations 

of the House of Representatives and the House Office Building 

Commission’’; and 

(3) in paragraph (3), by striking the period at the end 

and inserting ‘‘, for space to be leased for any other entity 

under subsection (a).’’. 

(b) The amendments made by subsection (a) shall take effect 

as if included in the enactment of the Legislative Branch Appropriations Act, 2004. 

SEC. 1307. EASEMENTS FOR RIGHTS-OF-WAY. (a) IN GENERAL.— 

The Architect of the Capitol may grant, upon such terms as the 

Architect of the Capitol considers advisable, including monetary 

consideration, easements for rights-of-way over, in, and upon the 

Capitol Grounds and any other public lands under the jurisdiction 

and control of the Architect of the Capitol. 

(b) LIMITATION.—No easement granted under this section may 

include more land than is necessary for the easement. 

(c) EASEMENT ACCOUNT.—There is established in the Treasury 

an easement account for the Architect of the Capitol. The Architect 

of the Capitol shall deposit in the account all proceeds received 

relating to the granting of easements under this section. The proceeds deposited in that account shall be available to the Architect, 

in such amounts and for such purposes provided in appropriations 

acts. 

(d) IN-KIND CONSIDERATION.—Subject to subsection (f), the 

Architect may accept in-kind consideration instead of, or in addition 

to, any monetary consideration, for any easement granted under 

this section. 

(e) TERMINATION OF EASEMENT.—The Architect of the Capitol 

may terminate all or part of any easement granted under this 

section for— 

(1) failure to comply with the terms of the grant; 

(2) nonuse for a 2-year period; or 

(3) abandonment. 

(f) APPROVAL.—The Architect of the Capitol may grant an easement for rights-of-way under subsection (a) upon submission of 

written notice of intent to grant that easement and the amount 

or type of consideration to be received, and approval by— 

(1) the Committee on Rules and Administration of the 

Senate for easements granted on property under Senate jurisdiction; 

(2) the House Office Building Commission for property 

under House of Representatives jurisdiction; and 

(3) the Committee on Rules and Administration of the 

Senate and the House Office Building Commission for easements granted on any other property. 

2 USC 1826. 

2 USC 1822 note. 

Effective dates. 


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(g) EFFECTIVE DATE.—This section shall apply to fiscal year 

2008 and each fiscal year thereafter. 

SEC. 1308. DESIGN-BUILD CONTRACTS.—(a) Notwithstanding 

any other provision of law, the Architect of the Capitol may use 

the two-phase selection procedures authorized in section 303M of 

the Federal Property and Administrative Services Act of 1949 (41 

U.S.C. 253m) for entering into a contract for the design and 

construction of a public building, facility, or work in the same 

manner and under the same terms and conditions as the head 

of an executive agency under such section. 

(b) This section shall apply with respect to fiscal year 2008 

and each succeeding fiscal year. 

SEC. 1309. ASSISTANT TO THE CHIEF EXECUTIVE OFFICER FOR

VISITOR SERVICES. (a) DEFINITION.—In this section the term ‘‘Chief 

Executive Officer’’ means the Chief Executive Officer for Visitor 

Services established under section 6701 of the U.S. Troop Readiness, 

Veterans’ Care, Katrina Recovery, and Iraq Accountability Appropriations Act of 2007 (2 U.S.C. 1806). 

(b) ASSISTANT TO THE CHIEF EXECUTIVE OFFICER.—The 

Architect of the Capitol shall— 

(1) after consultation with the Chief Executive Officer, 

appoint an assistant to perform the responsibilities of the Chief 

Executive Officer during the absence or disability of the Chief 

Executive Officer, or during a vacancy in the position of the 

Chief Executive Officer; and 

(2) fix the rate of basic pay for the position of the assistant 

appointed under paragraph (1) at a rate not to exceed the 

highest total rate of pay for the Senior Executive Service under 

subchapter VIII of chapter 53 of title 5, United States Code, 

for the locality involved. 

(c) EFFECTIVE DATE.—This section shall apply to fiscal year 

2008 and each fiscal year thereafter. 

LIBRARY OF CONGRESS 

SALARIES AND EXPENSES

For necessary expenses of the Library of Congress not otherwise 

provided for, including development and maintenance of the 

Library’s catalogs; custody and custodial care of the Library 

buildings; special clothing; cleaning, laundering and repair of uniforms; preservation of motion pictures in the custody of the Library; 

operation and maintenance of the American Folklife Center in 

the Library; preparation and distribution of catalog records and 

other publications of the Library; hire or purchase of one passenger 

motor vehicle; and expenses of the Library of Congress Trust Fund 

Board not properly chargeable to the income of any trust fund 

held by the Board, $395,784,000, of which not more than $6,000,000 

shall be derived from collections credited to this appropriation 

during fiscal year 2008, and shall remain available until expended, 

under the Act of June 28, 1902 (chapter 1301; 32 Stat. 480; 2 

U.S.C. 150) and not more than $350,000 shall be derived from 

collections during fiscal year 2008 and shall remain available until 

expended for the development and maintenance of an international 

legal information database and activities related thereto: Provided, 

That the Library of Congress may not obligate or expend any 

funds derived from collections under the Act of June 28, 1902, 

Appointment. 

2 USC 1807. 

Applicability. 

2 USC 1816a. 


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in excess of the amount authorized for obligation or expenditure 

in appropriations Acts: Provided further, That the total amount 

available for obligation shall be reduced by the amount by which 

collections are less than $6,350,000: Provided further, That of the 

total amount appropriated, $16,451,000 shall remain available until 

September 30, 2010 for the partial acquisition of books, periodicals, 

newspapers, and all other materials including subscriptions for 

bibliographic services for the Library, including $40,000 to be available solely for the purchase, when specifically approved by the 

Librarian, of special and unique materials for additions to the 

collections: Provided further, That of the total amount appropriated, not more than $12,000 may be expended, on the certification of 

the Librarian of Congress, in connection with official representation 

and reception expenses for the Overseas Field Offices: Provided 

further, That of the total amount appropriated, $7,000,000 shall 

remain available until expended for the digital collections and educational curricula program: Provided further, That of the total 

amount appropriated, $750,000 shall remain available until 

expended, and shall be transferred to the Abraham Lincoln 

Bicentennial Commission for carrying out the purposes of Public 

Law 106–173, of which $10,000 may be used for official representation and reception expenses of the Abraham Lincoln Bicentennial 

Commission: Provided further, That of the total amount appro- priated, $1,482,000 shall be used for the National Digital Information Infrastructure and Preservation Program: Provided further, That of the total amount appropriated, $75,000 shall be used to 

provide a grant to the Middle Eastern Text Initiative for translation 

and publishing of middle eastern text: Provided further, That 

$125,000 shall be used to provide a grant to the University of 

Mississippi for the American Music Archives. 

COPYRIGHT OFFICE

SALARIES AND EXPENSES

For necessary expenses of the Copyright Office, $49,558,000, of which not more than $29,826,000, to remain available until 

expended, shall be derived from collections credited to this appropriation during fiscal year 2008 under section 708(d) of title 17, 

United States Code: Provided, That not more than $10,000,000 

shall be derived from prior year unobligated balances: Provided 

further, That the Copyright Office may not obligate or expend 

any funds derived from collections under such section, in excess 

of the amount authorized for obligation or expenditure in appropriations Acts: Provided further, That not more than $4,398,000 shall 

be derived from collections during fiscal year 2008 under sections 

111(d)(2), 119(b)(2), 803(e), 1005, and 1316 of such title: Provided 

further, That the total amount available for obligation shall be 

reduced by the amount by which collections and unobligated balances are less than $44,224,000: Provided further, That not more 

than $100,000 of the amount appropriated is available for the 

maintenance of an ‘‘International Copyright Institute’’ in the Copyright Office of the Library of Congress for the purpose of training 

nationals of developing countries in intellectual property laws and 

policies: Provided further, That not more than $4,250 may be 

expended, on the certification of the Librarian of Congress, in 

connection with official representation and reception expenses for 

activities of the International Copyright Institute and for copyright 

Grants. 

Grants. 

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121 STAT. 2246 PUBLIC LAW 110–161—DEC. 26, 2007 

delegations, visitors, and seminars: Provided further, That notwithstanding any provision of chapter 8 of title 17, United States Code, 

any amounts made available under this heading which are attributable to royalty fees and payments received by the Copyright 

Office pursuant to sections 111, 119, and chapter 10 of such title 

may be used for the costs incurred in the administration of the 

Copyright Royalty Judges program, with the exception of the costs 

of salaries and benefits for the Copyright Royalty Judges and staff 

under section 802(e). 

CONGRESSIONAL RESEARCH SERVICE

SALARIES AND EXPENSES

For necessary expenses to carry out the provisions of section 

203 of the Legislative Reorganization Act of 1946 (2 U.S.C. 166) 

and to revise and extend the Annotated Constitution of the United 

States of America, $102,601,000: Provided, That no part of such 

amount may be used to pay any salary or expense in connection 

with any publication, or preparation of material therefor (except 

the Digest of Public General Bills), to be issued by the Library 

of Congress unless such publication has obtained prior approval 

of either the Committee on House Administration of the House 

of Representatives or the Committee on Rules and Administration 

of the Senate. 

BOOKS FOR THE BLIND AND PHYSICALLY HANDICAPPED

SALARIES AND EXPENSES

For salaries and expenses to carry out the Act of March 3, 

1931 (chapter 400; 46 Stat. 1487; 2 U.S.C. 135a), $67,091,000, 

of which $20,704,000 shall remain available until expended, of 

which $650,000 shall be available to contract to provide newspapers 

to blind and physically handicapped residents at no cost to the 

individual. 

ADMINISTRATIVE PROVISIONS

SEC. 1401. INCENTIVE AWARDS PROGRAM. Of the amounts appropriated to the Library of Congress in this Act, not more than 

$5,000 may be expended, on the certification of the Librarian of 

Congress, in connection with official representation and reception 

expenses for the incentive awards program. 

SEC. 1402. REIMBURSABLE AND REVOLVING FUND ACTIVITIES. 

(a) IN GENERAL.—For fiscal year 2008, the obligational authority 

of the Library of Congress for the activities described in subsection 

(b) may not exceed $122,529,000. 

(b) ACTIVITIES.—The activities referred to in subsection (a) are 

reimbursable and revolving fund activities that are funded from 

sources other than appropriations to the Library in appropriations 

Acts for the legislative branch. 

(c) TRANSFER OF FUNDS.—During fiscal year 2008, the Librarian 

of Congress may temporarily transfer funds appropriated in this 

Act, under the heading ‘‘Library of Congress’’, under the subheading 

‘‘Salaries and Expenses’’, to the revolving fund for the FEDLINK 

Program and the Federal Research Program established under section 103 of the Library of Congress Fiscal Operations Improvement 

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PUBLIC LAW 110–161—DEC. 26, 2007 121 STAT. 2247 

Act of 2000 (Public Law 106–481; 2 U.S.C. 182c): Provided, That 

the total amount of such transfers may not exceed $1,900,000: 

Provided further, That the appropriate revolving fund account shall 

reimburse the Library for any amounts transferred to it before 

the period of availability of the Library appropriation expires. 

SEC. 1403. AUDIT REQUIREMENT. Section 207(e) of the Legislative Branch Appropriations Act, 1998 (2 U.S.C. 182(e)) is amended 

to read as follows: 

‘‘(e) AUDIT.—The revolving fund shall be subject to audit by 

the Comptroller General at the Comptroller General’s discretion.’’. 

SEC. 1404. TRANSFER AUTHORITY. (a) IN GENERAL.—Amounts 

appropriated for fiscal year 2008 for the Library of Congress may 

be transferred during fiscal year 2008 between any of the headings 

under the heading ‘‘LIBRARY OF CONGRESS’’ upon the approval 

of the Committees on Appropriations of the Senate and the House 

of Representatives. 

(b) LIMITATION.—Not more than 10 percent of the total amount 

of funds appropriated to the account under any heading under 

the heading ‘‘LIBRARY OF CONGRESS’’ for fiscal year 2008 may 

be transferred from that account by all transfers made under subsection (a). 

GOVERNMENT PRINTING OFFICE 

CONGRESSIONAL PRINTING AND BINDING

(INCLUDING TRANSFER OF FUNDS) 

For authorized printing and binding for the Congress and the 

distribution of Congressional information in any format; printing 

and binding for the Architect of the Capitol; expenses necessary 

for preparing the semimonthly and session index to the Congressional Record, as authorized by law (section 902 of title 44, United 

States Code); printing and binding of Government publications 

authorized by law to be distributed to Members of Congress; and 

printing, binding, and distribution of Government publications 

authorized by law to be distributed without charge to the recipient, 

$90,000,000: Provided, That this appropriation shall not be available for paper copies of the permanent edition of the Congressional 

Record for individual Representatives, Resident Commissioners or 

Delegates authorized under section 906 of title 44, United States 

Code: Provided further, That this appropriation shall be available 

for the payment of obligations incurred under the appropriations 

for similar purposes for preceding fiscal years: Provided further, 

That notwithstanding the 2-year limitation under section 718 of 

title 44, United States Code, none of the funds appropriated or 

made available under this Act or any other Act for printing and 

binding and related services provided to Congress under chapter 

7 of title 44, United States Code, may be expended to print a 

document, report, or publication after the 27-month period beginning on the date that such document, report, or publication is 

authorized by Congress to be printed, unless Congress reauthorizes 

such printing in accordance with section 718 of title 44, United 

States Code: Provided further, That any unobligated or unexpended 

balances in this account or accounts for similar purposes for preceding fiscal years may be transferred to the Government Printing 

Office revolving fund for carrying out the purposes of this heading, 

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subject to the approval of the Committees on Appropriations of 

the House of Representatives and Senate. 

OFFICE OF SUPERINTENDENT OF DOCUMENTS

SALARIES AND EXPENSES

(INCLUDING TRANSFER OF FUNDS) 

For expenses of the Office of Superintendent of Documents 

necessary to provide for the cataloging and indexing of Government 

publications and their distribution to the public, Members of Congress, other Government agencies, and designated depository and 

international exchange libraries as authorized by law, $35,000,000: 

Provided, That amounts of not more than $2,000,000 from current 

year appropriations are authorized for producing and disseminating 

Congressional serial sets and other related publications for fiscal 

years 2006 and 2007 to depository and other designated libraries: 

Provided further, That any unobligated or unexpended balances 

in this account or accounts for similar purposes for preceding fiscal 

years may be transferred to the Government Printing Office 

revolving fund for carrying out the purposes of this heading, subject 

to the approval of the Committees on Appropriations of the House 

of Representatives and Senate. 

GOVERNMENT PRINTING OFFICE REVOLVING FUND

The Government Printing Office is hereby authorized to make 

such expenditures, within the limits of funds available and in 

accordance with law, and to make such contracts and commitments 

without regard to fiscal year limitations as provided by section 

9104 of title 31, United States Code, as may be necessary in 

carrying out the programs and purposes set forth in the budget 

for the current fiscal year for the Government Printing Office 

revolving fund: Provided further, That not more than $5,000 may 

be expended on the certification of the Public Printer in connection 

with official representation and reception expenses: Provided further, That the revolving fund shall be available for the hire or 

purchase of not more than 12 passenger motor vehicles: Provided 

further, That expenditures in connection with travel expenses of 

the advisory councils to the Public Printer shall be deemed necessary to carry out the provisions of title 44, United States Code: 

Provided further, That the revolving fund shall be available for 

temporary or intermittent services under section 3109(b) of title 

5, United States Code, but at rates for individuals not more than 

the daily equivalent of the annual rate of basic pay for level V 

of the Executive Schedule under section 5316 of such title: Provided 

further, That the revolving fund and the funds provided under 

the headings ‘‘Office of Superintendent of Documents’’ and ‘‘Salaries 

and Expenses’’ together may not be available for the full-time 

equivalent employment of more than 2,621 work-years (or such 

other number of work-years as the Public Printer may request, 

subject to the approval of the Committees on Appropriations of 

the House of Representatives and Senate): Provided further, That 

activities financed through the revolving fund may provide information in any format: Provided further, That the revolving fund and 

the funds provided under the headings ‘‘OFFICE OF SUPERINTENDENT

OF DOCUMENTS’’ and ‘‘SALARIES AND EXPENSES’’ may not be used 

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for contracted security services at GPO’s passport facility in the 

District of Columbia. 

GOVERNMENT ACCOUNTABILITY OFFICE 

SALARIES AND EXPENSES

For necessary expenses of the Government Accountability 

Office, including not more than $12,500 to be expended on the 

certification of the Comptroller General of the United States in 

connection with official representation and reception expenses; temporary or intermittent services under section 3109(b) of title 5, 

United States Code, but at rates for individuals not more than 

the daily equivalent of the annual rate of basic pay for level IV 

of the Executive Schedule under section 5315 of such title; hire 

of one passenger motor vehicle; advance payments in foreign countries in accordance with section 3324 of title 31, United States 

Code; benefits comparable to those payable under sections 901(5), 

(6), and (8) of the Foreign Service Act of 1980 (22 U.S.C. 4081(5), 

(6), and (8)); and under regulations prescribed by the Comptroller 

General of the United States, rental of living quarters in foreign 

countries, $501,000,000: Provided, That not more than $5,413,000 

of payments received under section 782 of title 31, United States 

Code, shall be available for use in fiscal year 2008: Provided further, 

That not more than $2,097,000 of reimbursements received under 

section 9105 of title 31, United States Code, shall be available 

for use in fiscal year 2008: Provided further, That of the total 

amount provided, up to $2,500,000 is for technology assessment 

studies: Provided further, That this appropriation and appropriations for administrative expenses of any other department or agency 

which is a member of the National Intergovernmental Audit Forum 

or a Regional Intergovernmental Audit Forum shall be available 

to finance an appropriate share of either Forum’s costs as determined by the respective Forum, including necessary travel expenses 

of non-Federal participants: Provided further, That payments hereunder to the Forum may be credited as reimbursements to any 

appropriation from which costs involved are initially financed. 

ADMINISTRATIVE PROVISIONS

SEC. 1501. CONTRACT APPEALS BOARD. (a) DEFINITIONS.—In 

this section— 

(1) the term ‘‘Board’’ means the Contract Appeals Board 

established under subsection (b); and 

(2) the term ‘‘legislative branch agency’’ means— 

(A) the Architect of the Capitol; 

(B) the United States Botanic Gardens; 

(C) the Government Accountability Office; 

(D) the Government Printing Office; 

(E) the Library of Congress; 

(F) the Congressional Budget Office; 

(G) the United States Capitol Police; and 

(H) any other agency, including any office, board, or 

commission, established in the legislative branch; and 

(b) ESTABLISHMENT.—There is established a Contract Appeals 

Board within the Government Accountability Office. The Board 

shall hear and decide appeals from decisions of a contracting officer 

31 USC 702 note. 

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with respect to any contract entered into by a legislative branch 

agency. 

(c) MEMBERS OF THE BOARD.— 

(1) APPOINTMENT.—The Comptroller General shall appoint 

at least 3 members to the Contract Appeals Board. 

(2) QUALIFICATIONS.—Each member shall have not less 

than 5 years experience in public contract law. 

(3) PAY.—Subject to any provision of law relating to pay 

applicable to the Office of General Counsel of the Government 

Accountability Office, the Comptroller General shall establish 

and adjust the annual rate of basic pay of members of the 

Board. 

(d) PROVISIONS APPLICABLE TO APPEALS.—The Contract Disputes Act of 1978 (Public Law 95–563, 41 U.S.C. 601 et seq.), 

as amended, shall apply to appeals to the Board, except that section 

4, subsections 8(a), (b), and (c), and subsection 10(a) shall not 

apply to such appeals and the amount of any claim referenced 

in subsection 6(c) shall be $50,000. The Comptroller General shall 

prescribe regulations for procedures for appeals to the Board that 

are consistent with procedures under the Contract Disputes Act 

of 1978. 

(e) EFFECTIVE DATE.—This section shall apply with respect 

to fiscal year 2008 and each fiscal year thereafter. 

SEC. 1502. REPEAL AND MODIFICATION OF CERTAIN REPORTING

REQUIREMENTS. (a) ANNUAL REPORT BY GAO ON CONSISTENCY OF

IMF PRACTICES WITH STATUTORY POLICIES.—Section 504(e) of the 

Consolidated Appropriations Act, 2000 (Public Law 106–113; 113 

Stat. 1501A–318) is repealed. 

(b) REVIEW OF PROPOSED CHANGES TO EXPORT THRESHOLDS

FOR COMPUTERS.—Section 314 of the Consolidated Appropriations 

Act, 2001 (Public Law 106–554; 114 Stat. 2763A–123) is repealed. 

(c) CONGRESSIONAL HUNGER FELLOWSHIP PROGRAM AUDIT.— 

Section 4404(f)(4)(A) of the Congressional Hunger Fellows Act of 

2002 (2 U.S.C. 1161(f)(4)(A); Public Law 107–171) is amended— 

(1) by striking ‘‘shall’’ and inserting ‘‘may’’; and 

(2) by striking ‘‘annual.’’. 

(d) HAITIAN REFUGEE IMMIGRATION.—Section 902(k) of the Haitian Refugee Immigration Fairness Act of 1998 (8 U.S.C. 1255 

note; Public Law 105–277) is repealed. 

(e) AUDIT OF FINANCIAL TRANSACTIONS.—Section 11 of the 

National Moment of Remembrance Act (36 U.S.C. 116 note; Public 

Law 106–579) is repealed. 

(f) LOSS RATIOS AND REFUND OF PREMIUMS.—Section 1882(r)(5) 

of the Social Security Act (42 U.S.C. 1395ss(r)(5)) is amended— 

(1) in subparagraph (A)— 

(A) by striking ‘‘(A) The Comptroller General shall 

periodically, not less than once every 3 years,’’ and inserting 

‘‘The Secretary may’’; and 

(B) by striking ‘‘and to the Secretary’’; and 

(2) by striking subparagraph (B). 

(g) RADIATION EXPOSURE COMPENSATION REPORTS.—Section 14 

of the Radiation Exposure Compensation Act (42 U.S.C. 2210 note; 

Public Law 101–426) is repealed. 

50 USC app. 

2404 note. 

2 USC 262o–2 

note. 

Regulations. 


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PUBLIC LAW 110–161—DEC. 26, 2007 121 STAT. 2251 

OPEN WORLD LEADERSHIP CENTER TRUST FUND 

For a payment to the Open World Leadership Center Trust 

Fund for financing activities of the Open World Leadership Center 

under section 313 of the Legislative Branch Appropriations Act, 

2001 (2 U.S.C. 1151), $9,000,000: Provided, That not later than 

March 31, 2008, the Board of Trustees of the Open World Leadership Center shall prepare and submit a report to the Committees 

on Appropriations of the Senate and the House of Representatives 

for potential options for transfer of the Open World Leadership 

Center to a department or agency in the executive branch, establishment of the Center as an independent agency in the executive 

branch, or other appropriate options. 

JOHN C. STENNIS CENTER FOR PUBLIC SERVICE TRAINING 

AND DEVELOPMENT 

For payment to the John C. Stennis Center for Public Service 

Development Trust Fund established under section 116 of the John 

C. Stennis Center for Public Service Training and Development 

Act (2 U.S.C. 1105), $430,000. 

TITLE II 

GENERAL PROVISIONS 

SEC. 201. MAINTENANCE AND CARE OF PRIVATE VEHICLES. No 

part of the funds appropriated in this Act shall be used for the 

maintenance or care of private vehicles, except for emergency assistance and cleaning as may be provided under regulations relating 

to parking facilities for the House of Representatives issued by 

the Committee on House Administration and for the Senate issued 

by the Committee on Rules and Administration. 

SEC. 202. FISCAL YEAR LIMITATION. No part of the funds appropriated in this Act shall remain available for obligation beyond 

fiscal year 2008 unless expressly so provided in this Act. 

SEC. 203. RATES OF COMPENSATION AND DESIGNATION. Whenever in this Act any office or position not specifically established 

by the Legislative Pay Act of 1929 (46 Stat. 32 et seq.) is appropriated for or the rate of compensation or designation of any office 

or position appropriated for is different from that specifically established by such Act, the rate of compensation and the designation 

in this Act shall be the permanent law with respect thereto: Provided, That the provisions in this Act for the various items of 

official expenses of Members, officers, and committees of the Senate 

and House of Representatives, and clerk hire for Senators and 

Members of the House of Representatives shall be the permanent 

law with respect thereto. 

SEC. 204. CONSULTING SERVICES. The expenditure of any appropriation under this Act for any consulting service through procurement contract, under 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 under existing law. 

SEC. 205. AWARDS AND SETTLEMENTS. Such sums as may be 

necessary are appropriated to the account described in subsection 

(a) of section 415 of the Congressional Accountability Act of 1995 

Contracts. 

Deadline. 

Reports. 

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121 STAT. 2252 PUBLIC LAW 110–161—DEC. 26, 2007 

(2 U.S.C. 1415(a)) to pay awards and settlements as authorized 

under such subsection. 

SEC. 206. COSTS OF LBFMC. Amounts available for administrative expenses of any legislative branch entity which participates 

in the Legislative Branch Financial Managers Council (LBFMC) 

established by charter on March 26, 1996, shall be available to 

finance an appropriate share of LBFMC costs as determined by 

the LBFMC, except that the total LBFMC costs to be shared among 

all participating legislative branch entities (in such allocations 

among the entities as the entities may determine) may not exceed 

$2,000. 

SEC. 207. LANDSCAPE MAINTENANCE. The Architect of the Capitol, in consultation with the District of Columbia, is authorized 

to maintain and improve the landscape features, excluding streets 

and sidewalks, in the irregular shaped grassy areas bounded by 

Washington Avenue, SW on the northeast, Second Street SW on 

the west, Square 582 on the south, and the beginning of the I– 

395 tunnel on the southeast. 

SEC. 208. LIMITATION ON TRANSFERS. 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 appropriation Act. 

SEC. 209. GUIDED TOURS OF THE CAPITOL.—(a) Except as provided in subsection (b), none of the funds made available to the 

Architect of the Capitol or the U.S. Capitol Guide Service and 

Congressional Special Services Office in this Act may be used to 

eliminate guided tours of the United States Capitol which are 

led by employees and interns of offices of Members of Congress 

and other offices of the House of Representatives and Senate. 

(b) At the direction of the Capitol Police Board, or at the 

direction of the Architect of the Capitol or Director of the U.S. 

Capitol Guide Service and Congressional Special Services Office 

with the approval of the Capitol Police Board, guided tours of 

the United States Capitol which are led by employees and interns 

described in subsection (a) may be suspended temporarily or otherwise subject to restriction for security or related reasons to the 

same extent as guided tours of the United States Capitol which 

are led by the Architect of the Capitol or the Capitol Guide Service. 

SEC. 210. (a) RESCISSIONS.—There is hereby rescinded an 

amount equal to 0.25 percent of the budget authority provided 

for fiscal year 2008 for any discretionary account in title I of 

this Act. 

(b) PROPORTIONATE APPLICATION.—Any rescission made by subsection (a) shall be applied proportionately— 

(1) to each discretionary account and each item of budget 

authority described in such subsection; and 

(2) within each such account and item, to each program, 

project, and activity (with programs, projects, and activities 

as delineated in the appropriation Act or accompanying reports 

for the relevant fiscal year covering such account or item, 

or for accounts and items not included in appropriation Acts, 

as delineated in the most recently submitted President’s 

budget). 

(c) EXCEPTION.—This section shall not apply to section 1003 

of title I of this Act. 

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PUBLIC LAW 110–161—DEC. 26, 2007 121 STAT. 2253 

(d) ADMINISTRATION OF ACROSS-THE-BOARD REDUCTIONS.—In 

the administration of subsection (a), with respect to the budget 

authority provided under the heading ‘‘SENATE’’ in title I of this 

Act— 

(1) the percentage rescissions under subsection (a) shall 

apply to the total amount of all funds appropriated under 

that heading; and 

(2) the rescissions may be applied without regard to subsection (b). 

This division may be cited as the ‘‘Legislative Branch Appropriations Act, 2008’’. 

DIVISION I—MILITARY CONSTRUCTION AND VETERANS AFFAIRS AND RELATED AGENCIES APPROPRIATIONS ACT, 

2008 

TITLE I 

DEPARTMENT OF DEFENSE 

MILITARY CONSTRUCTION, ARMY

(INCLUDING RESCISSION OF FUNDS) 

For acquisition, construction, installation, and equipment of 

temporary or permanent public works, military installations, facilities, and real property for the Army as currently authorized by 

law, including personnel in the Army Corps of Engineers and other 

personal services necessary for the purposes of this appropriation, 

and for construction and operation of facilities in support of the 

functions of the Commander in Chief, $3,936,583,000, to remain 

available until September 30, 2012: Provided, That of this amount, 

not to exceed $321,983,000 shall be available for study, planning, 

design, architect and engineer services, and host nation support, 

as authorized by law, unless the Secretary of Defense determines 

that additional obligations are necessary for such purposes and 

notifies the Committees on Appropriations of both Houses of Congress of the determination and the reasons therefor: Provided further, That of the funds appropriated for ‘‘Military Construction, 

Army’’ under Public Law 110–5, $8,690,000 are hereby rescinded. 

MILITARY CONSTRUCTION, NAVY AND MARINE CORPS

(INCLUDING RESCISSIONS OF FUNDS) 

For acquisition, construction, installation, and equipment of 

temporary or permanent public works, naval installations, facilities, 

and real property for the Navy and Marine Corps as currently 

authorized by law, including personnel in the Naval Facilities 

Engineering Command and other personal services necessary for 

the purposes of this appropriation, $2,198,394,000, to remain available until September 30, 2012: Provided, That of this amount, 

not to exceed $113,017,000 shall be available for study, planning, 

design, and architect and engineer services, as authorized by law, 

unless the Secretary of Defense determines that additional obligations are necessary for such purposes and notifies the Committees 

on Appropriations of both Houses of Congress of the determination 

Notification. 

Military 

Construction and 

Veterans Affairs 

and Related 

Agencies 

Appropriations 

Act, 2008. 

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121 STAT. 2254 PUBLIC LAW 110–161—DEC. 26, 2007 

and the reasons therefor: Provided further, That of the funds appropriated for ‘‘Military Construction, Navy and Marine Corps’’ under 

Public Law 108–132, $5,862,000; under Public Law 108–324, 

$2,069,000; and under Public Law 110–5, $2,626,000 are hereby 

rescinded. 

MILITARY CONSTRUCTION, AIR FORCE

(INCLUDING RESCISSIONS OF FUNDS) 

For acquisition, construction, installation, and equipment of 

temporary or permanent public works, military installations, facilities, and real property for the Air Force as currently authorized 

by law, $1,159,747,000, to remain available until September 30, 

2012: Provided, That of this amount, not to exceed $43,721,000 

shall be available for study, planning, design, and architect and 

engineer services, as authorized by law, unless the Secretary of 

Defense determines that additional obligations are necessary for 

such purposes and notifies the Committees on Appropriations of 

both Houses of Congress of the determination and the reasons 

therefor: Provided further, That of the funds appropriated for ‘‘Military Construction, Air Force’’ under Public Law 108–324, 

$5,319,000; and under Public Law 110–5, $5,151,000 are hereby 

rescinded. 

MILITARY CONSTRUCTION, DEFENSE-WIDE

(INCLUDING TRANSFER AND RESCISSION OF FUNDS) 

For acquisition, construction, installation, and equipment of 

temporary or permanent public works, installations, facilities, and 

real property for activities and agencies of the Department of 

Defense (other than the military departments), as currently authorized by law, $1,609,596,000, to remain available until September 

30, 2012: Provided, That such amounts of this appropriation as 

may be determined by the Secretary of Defense may be transferred 

to such appropriations of the Department of Defense available for 

military construction or family housing as the Secretary may designate, to be merged with and to be available for the same purposes, 

and for the same time period, as the appropriation or fund to 

which transferred: Provided further, That of the amount appropriated, not to exceed $155,569,000 shall be available for study, 

planning, design, and architect and engineer services, as authorized 

by law, unless the Secretary of Defense determines that additional 

obligations are necessary for such purposes and notifies the Committees on Appropriations of both Houses of Congress of the determination and the reasons therefor: Provided further, That of the funds 

appropriated for ‘‘Military Construction, Defense-Wide’’ under 

Public Law 110–5, $10,192,000 are hereby rescinded. 

MILITARY CONSTRUCTION, ARMY NATIONAL GUARD

For construction, acquisition, expansion, rehabilitation, and 

conversion of facilities for the training and administration of the 

Army National Guard, and contributions therefor, as authorized 

by chapter 1803 of title 10, United States Code, and Military 

Construction Authorization Acts, $536,656,000, to remain available 

until September 30, 2012. 

Notification. 

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PUBLIC LAW 110–161—DEC. 26, 2007 121 STAT. 2255 

MILITARY CONSTRUCTION, AIR NATIONAL GUARD

For construction, acquisition, expansion, rehabilitation, and 

conversion of facilities for the training and administration of the 

Air National Guard, and contributions therefor, as authorized by 

chapter 1803 of title 10, United States Code, and Military Construction Authorization Acts, $287,537,000, to remain available until 

September 30, 2012. 

MILITARY CONSTRUCTION, ARMY RESERVE

For construction, acquisition, expansion, rehabilitation, and 

conversion of facilities for the training and administration of the 

Army Reserve as authorized by chapter 1803 of title 10, United 

States Code, and Military Construction Authorization Acts, 

$148,133,000, to remain available until September 30, 2012. 

MILITARY CONSTRUCTION, NAVY RESERVE

For construction, acquisition, expansion, rehabilitation, and 

conversion of facilities for the training and administration of the 

reserve components of the Navy and Marine Corps as authorized 

by chapter 1803 of title 10, United States Code, and Military 

Construction Authorization Acts, $64,430,000, to remain available 

until September 30, 2012. 

MILITARY CONSTRUCTION, AIR FORCE RESERVE

(INCLUDING RESCISSION OF FUNDS) 

For construction, acquisition, expansion, rehabilitation, and 

conversion of facilities for the training and administration of the 

Air Force Reserve as authorized by chapter 1803 of title 10, United 

States Code, and Military Construction Authorization Acts, 

$28,359,000, to remain available until September 30, 2012: Provided, That of the funds appropriated for ‘‘Military Construction, Air Force Reserve’’ under Public Law 109–114, $3,069,000 are 

hereby rescinded. 

NORTH ATLANTIC TREATY ORGANIZATION SECURITY INVESTMENT

PROGRAM

For the United States share of the cost of the North Atlantic 

Treaty Organization Security Investment Program for the acquisition and construction of military facilities and installations 

(including international military headquarters) and for related 

expenses for the collective defense of the North Atlantic Treaty 

Area as authorized by section 2806 of title 10, United States Code, 

and Military Construction Authorization Acts, $201,400,000, to 

remain available until expended. 

FAMILY HOUSING CONSTRUCTION, ARMY

(INCLUDING RESCISSION OF FUNDS) 

For expenses of family housing for the Army for construction, 

including acquisition, replacement, addition, expansion, extension, 

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121 STAT. 2256 PUBLIC LAW 110–161—DEC. 26, 2007 

and alteration, as authorized by law, $424,400,000, to remain available until September 30, 2012: Provided, That of the funds appropriated for ‘‘Family Housing Construction, Army’’ under Public Law 

110–5, $4,559,000 are hereby rescinded. 

FAMILY HOUSING OPERATION AND MAINTENANCE, ARMY

For expenses of family housing for the Army for operation 

and maintenance, including debt payment, leasing, minor construction, principal and interest charges, and insurance premiums, as 

authorized by law, $731,920,000. 

FAMILY HOUSING CONSTRUCTION, NAVY AND MARINE CORPS

For expenses of family housing for the Navy and Marine Corps 

for construction, including acquisition, replacement, addition, 

expansion, extension, and alteration, as authorized by law, 

$293,129,000, to remain available until September 30, 2012. 

FAMILY HOUSING OPERATION AND MAINTENANCE, NAVY AND

MARINE CORPS

For expenses of family housing for the Navy and Marine Corps 

for operation and maintenance, including debt payment, leasing, 

minor construction, principal and interest charges, and insurance 

premiums, as authorized by law, $371,404,000. 

FAMILY HOUSING CONSTRUCTION, AIR FORCE

(INCLUDING RESCISSION OF FUNDS) 

For expenses of family housing for the Air Force for construction, including acquisition, replacement, addition, expansion, extension, and alteration, as authorized by law, $327,747,000, to remain 

available until September 30, 2012: Provided, That of the funds 

appropriated for ‘‘Family Housing Construction, Air Force’’ under 

Public Law 108–132, $15,000,000 are hereby rescinded. 

FAMILY HOUSING OPERATION AND MAINTENANCE, AIR FORCE

For expenses of family housing for the Air Force for operation 

and maintenance, including debt payment, leasing, minor construction, principal and interest charges, and insurance premiums, as 

authorized by law, $688,335,000. 

FAMILY HOUSING OPERATION AND MAINTENANCE, DEFENSE-WIDE

For expenses of family housing for the activities and agencies 

of the Department of Defense (other than the military departments) 

for operation and maintenance, leasing, and minor construction, 

as authorized by law, $48,848,000. 

DEPARTMENT OF DEFENSE FAMILY HOUSING IMPROVEMENT FUND

For the Department of Defense Family Housing Improvement 

Fund, $500,000, to remain available until expended, for family 

housing initiatives undertaken pursuant to section 2883 of title 

10, United States Code, providing alternative means of acquiring 

and improving military family housing and supporting facilities. 

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PUBLIC LAW 110–161—DEC. 26, 2007 121 STAT. 2257 

CHEMICAL DEMILITARIZATION CONSTRUCTION, DEFENSE-WIDE

For expenses of construction, not otherwise provided for, necessary for the destruction of the United States stockpile of lethal 

chemical agents and munitions in accordance with section 1412 

of the Department of Defense Authorization Act, 1986 (50 U.S.C. 

1521), and for the destruction of other chemical warfare materials 

that are not in the chemical weapon stockpile, as currently authorized by law, $104,176,000, to remain available until September 

30, 2012, which shall be only for the Assembled Chemical Weapons 

Alternatives program. 

DEPARTMENT OF DEFENSE BASE CLOSURE ACCOUNT 1990 

For deposit into the Department of Defense Base Closure 

Account 1990, established by section 2906(a)(1) of the Defense Base 

Closure and Realignment Act of 1990 (10 U.S.C. 2687 note), 

$295,689,000, to remain available until expended. 

DEPARTMENT OF DEFENSE BASE CLOSURE ACCOUNT 2005 

For deposit into the Department of Defense Base Closure 

Account 2005, established by section 2906A(a)(1) of the Defense 

Base Closure and Realignment Act of 1990 (10 U.S.C. 2687 note), 

$7,235,591,000, to remain available until expended: Provided, That 

the Department of Defense shall notify the Committees on Appropriations of both Houses of Congress 14 days prior to obligating 

an amount for a construction project that exceeds or reduces the 

amount identified for that project in the most recently submitted 

budget request for this account by 20 percent or $2,000,000, whichever is less: Provided further, That the previous proviso shall not 

apply to projects costing less than $5,000,000, except for those 

projects not previously identified in any budget submission for 

this account and exceeding the minor construction threshold under 

10 U.S.C. 2805. 

ADMINISTRATIVE PROVISIONS

SEC. 101. None of the funds made available in this title shall 

be expended for payments under a cost-plus-a-fixed-fee contract 

for construction, where cost estimates exceed $25,000, to be performed within the United States, except Alaska, without the specific 

approval in writing of the Secretary of Defense setting forth the 

reasons therefor. 

SEC. 102. Funds made available in this title for construction 

shall be available for hire of passenger motor vehicles. 

SEC. 103. Funds made available in this title for construction 

may be used for advances to the Federal Highway Administration, 

Department of Transportation, for the construction of access roads 

as authorized by section 210 of title 23, United States Code, when 

projects authorized therein are certified as important to the national 

defense by the Secretary of Defense. 

SEC. 104. None of the funds made available in this title may 

be used to begin construction of new bases in the United States 

for which specific appropriations have not been made. 

SEC. 105. None of the funds made available in this title shall 

be used for purchase of land or land easements in excess of 100 

percent of the value as determined by the Army Corps of Engineers 

Notification. 

Deadline. 

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121 STAT. 2258 PUBLIC LAW 110–161—DEC. 26, 2007 

or the Naval Facilities Engineering Command, except: (1) where 

there is a determination of value by a Federal court; (2) purchases 

negotiated by the Attorney General or the designee of the Attorney 

General; (3) where the estimated value is less than $25,000; or 

(4) as otherwise determined by the Secretary of Defense to be 

in the public interest. 

SEC. 106. None of the funds made available in this title shall 

be used to: (1) acquire land; (2) provide for site preparation; or 

(3) install utilities for any family housing, except housing for which 

funds have been made available in annual Acts making appropriations for military construction. 

SEC. 107. None of the funds made available in this title for 

minor construction may be used to transfer or relocate any activity 

from one base or installation to another, without prior notification 

to the Committees on Appropriations of both Houses of Congress. 

SEC. 108. None of the funds made available in this title may 

be used for the procurement of steel for any construction project 

or activity for which American steel producers, fabricators, and 

manufacturers have been denied the opportunity to compete for 

such steel procurement. 

SEC. 109. None of the funds available to the Department of 

Defense for military construction or family housing during the 

current fiscal year may be used to pay real property taxes in 

any foreign nation. 

SEC. 110. None of the funds made available in this title may 

be used to initiate a new installation overseas without prior notification to the Committees on Appropriations of both Houses of Congress. 

SEC. 111. None of the funds made available in this title may 

be obligated for architect and engineer contracts estimated by the 

Government to exceed $500,000 for projects to be accomplished 

in Japan, in any North Atlantic Treaty Organization member 

country, or in countries bordering the Arabian Sea, unless such 

contracts are awarded to United States firms or United States 

firms in joint venture with host nation firms. 

SEC. 112. None of the funds made available in this title for 

military construction in the United States territories and possessions in the Pacific and on Kwajalein Atoll, or in countries bordering 

the Arabian Sea, may be used to award any contract estimated 

by the Government to exceed $1,000,000 to a foreign contractor: 

Provided, That this section shall not be applicable to contract 

awards for which the lowest responsive and responsible bid of 

a United States contractor exceeds the lowest responsive and 

responsible bid of a foreign contractor by greater than 20 percent: 

Provided further, That this section shall not apply to contract 

awards for military construction on Kwajalein Atoll for which the 

lowest responsive and responsible bid is submitted by a Marshallese 

contractor. 

SEC. 113. The Secretary of Defense is to inform the appropriate 

committees of both Houses of Congress, including the Committees 

on Appropriations, of the plans and scope of any proposed military 

exercise involving United States personnel 30 days prior to its 

occurring, if amounts expended for construction, either temporary 

or permanent, are anticipated to exceed $100,000. 

SEC. 114. Not more than 20 percent of the funds made available 

in this title which are limited for obligation during the current 

Notification. 

Military 

exercises. 

Notification. 

Notification. 

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PUBLIC LAW 110–161—DEC. 26, 2007 121 STAT. 2259 

fiscal year shall be obligated during the last two months of the 

fiscal year. 

(INCLUDING TRANSFER OF FUNDS) 

SEC. 115. Funds appropriated to the Department of Defense 

for construction in prior years shall be available for construction 

authorized for each such military department by the authorizations 

enacted into law during the current session of Congress. 

SEC. 116. For military construction or family housing projects 

that are being completed with funds otherwise expired or lapsed 

for obligation, expired or lapsed funds may be used to pay the 

cost of associated supervision, inspection, overhead, engineering 

and design on those projects and on subsequent claims, if any. 

SEC. 117. Notwithstanding any other provision of law, any 

funds made available to a military department or defense agency 

for the construction of military projects may be obligated for a 

military construction project or contract, or for any portion of such 

a project or contract, at any time before the end of the fourth 

fiscal year after the fiscal year for which funds for such project 

were made available, if the funds obligated for such project: (1) 

are obligated from funds available for military construction projects; 

and (2) do not exceed the amount appropriated for such project, 

plus any amount by which the cost of such project is increased 

pursuant to law. 

SEC. 118. (a) The Secretary of Defense, in consultation with 

the Secretary of State, shall submit to the Committees on Appropriations of both Houses of Congress, by February 15 of each 

year, an annual report, in unclassified and, if necessary classified 

form, on actions taken by the Department of Defense and the 

Department of State during the previous fiscal year to encourage 

host countries to assume a greater share of the common defense 

burden of such countries and the United States. 

(b) The report under subsection (a) shall include a description 

of— 

(1) attempts to secure cash and in-kind contributions from 

host countries for military construction projects; 

(2) attempts to achieve economic incentives offered by host 

countries to encourage private investment for the benefit of 

the United States Armed Forces; 

(3) attempts to recover funds due to be paid to the United 

States by host countries for assets deeded or otherwise imparted 

to host countries upon the cessation of United States operations 

at military installations; 

(4) the amount spent by host countries on defense, in 

dollars and in terms of the percent of gross domestic product 

(GDP) of the host country; and 

(5) for host countries that are members of the North 

Atlantic Treaty Organization (NATO), the amount contributed 

to NATO by host countries, in dollars and in terms of the 

percent of the total NATO budget. 

(c) In this section, the term ‘‘host country’’ means other member 

countries of NATO, Japan, South Korea, and United States allies 

bordering the Arabian Sea. 

Deadlines. 

Reports. 

22 USC 1928 

note. 

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121 STAT. 2260 PUBLIC LAW 110–161—DEC. 26, 2007 

(INCLUDING TRANSFER OF FUNDS) 

SEC. 119. In addition to any other transfer authority available 

to the Department of Defense, proceeds deposited to the Department 

of Defense Base Closure Account established by section 207(a)(1) 

of the Defense Authorization Amendments and Base Closure and 

Realignment Act (10 U.S.C. 2687 note) pursuant to section 

207(a)(2)(C) of such Act, may be transferred to the account established by section 2906(a)(1) of the Defense Base Closure and 

Realignment Act of 1990 (10 U.S.C. 2687 note), to be merged 

with, and to be available for the same purposes and the same 

time period as that account. 

(INCLUDING TRANSFER OF FUNDS) 

SEC. 120. Subject to 30 days prior notification to the Committees on Appropriations of both Houses of Congress, such additional 

amounts as may be determined by the Secretary of Defense may 

be transferred to: (1) the Department of Defense Family Housing 

Improvement Fund from amounts appropriated for construction 

in ‘‘Family Housing’’ accounts, to be merged with and to be available 

for the same purposes and for the same period of time as amounts 

appropriated directly to the Fund; or (2) the Department of Defense 

Military Unaccompanied Housing Improvement Fund from amounts 

appropriated for construction of military unaccompanied housing 

in ‘‘Military Construction’’ accounts, to be merged with and to 

be available for the same purposes and for the same period of 

time as amounts appropriated directly to the Fund: Provided, That 

appropriations made available to the Funds shall be available to 

cover the costs, as defined in section 502(5) of the Congressional 

Budget Act of 1974, of direct loans or loan guarantees issued by 

the Department of Defense pursuant to the provisions of subchapter 

IV of chapter 169 of title 10, United States Code, pertaining to 

alternative means of acquiring and improving military family 

housing, military unaccompanied housing, and supporting facilities. 

SEC. 121. (a) Not later than 60 days before issuing any solicitation for a contract with the private sector for military family housing 

the Secretary of the military department concerned shall submit 

to the Committees on Appropriations of both Houses of Congress 

the notice described in subsection (b). 

(b)(1) A notice referred to in subsection (a) is a notice of any 

guarantee (including the making of mortgage or rental payments) 

proposed to be made by the Secretary to the private party under 

the contract involved in the event of— 

(A) the closure or realignment of the installation for which 

housing is provided under the contract; 

(B) a reduction in force of units stationed at such installation; or 

(C) the extended deployment overseas of units stationed 

at such installation. 

(2) Each notice under this subsection shall specify the nature 

of the guarantee involved and assess the extent and likelihood, 

if any, of the liability of the Federal Government with respect 

to the guarantee. 

Deadline. 

Notice. 

Notification. 

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PUBLIC LAW 110–161—DEC. 26, 2007 121 STAT. 2261 

(INCLUDING TRANSFER OF FUNDS) 

SEC. 122. In addition to any other transfer authority available 

to the Department of Defense, amounts may be transferred from 

the accounts established by sections 2906(a)(1) and 2906A(a)(1) 

of the Defense Base Closure and Realignment Act of 1990 (10 

U.S.C. 2687 note), to the fund established by section 1013(d) of 

the Demonstration Cities and Metropolitan Development Act of 

1966 (42 U.S.C. 3374) to pay for expenses associated with the 

Homeowners Assistance Program. Any amounts transferred shall 

be merged with and be available for the same purposes and for 

the same time period as the fund to which transferred. 

SEC. 123. Notwithstanding this or any other provision of law, 

funds made available in this title for operation and maintenance 

of family housing shall be the exclusive source of funds for repair 

and maintenance of all family housing units, including general 

or flag officer quarters: Provided, That not more than $35,000 

per unit may be spent annually for the maintenance and repair 

of any general or flag officer quarters without 30 days prior notification to the Committees on Appropriations of both Houses of Congress, except that an after-the-fact notification shall be submitted 

if the limitation is exceeded solely due to costs associated with 

environmental remediation that could not be reasonably anticipated 

at the time of the budget submission: Provided further, That the 

Under Secretary of Defense (Comptroller) is to report annually 

to the Committees on Appropriations of both Houses of Congress 

all operation and maintenance expenditures for each individual 

general or flag officer quarters for the prior fiscal year. 

SEC. 124. Whenever the Secretary of Defense or any other 

official of the Department of Defense is requested by the subcommittee on Military Construction, Veterans Affairs, and Related 

Agencies of the Committee on Appropriations of the House of Representatives or the subcommittee on Military Construction, Veterans Affairs, and Related Agencies of the Committee on Appropriations of the Senate to respond to a question or inquiry submitted 

by the chairman or another member of that subcommittee pursuant 

to a subcommittee hearing or other activity, the Secretary (or other 

official) shall respond to the request, in writing, within 21 days 

of the date on which the request is transmitted to the Secretary 

(or other official). 

SEC. 125. Amounts contained in the Ford Island Improvement 

Account established by subsection (h) of section 2814 of title 10, 

United States Code, are appropriated and shall be available until 

expended for the purposes specified in subsection (i)(1) of such 

section or until transferred pursuant to subsection (i)(3) of such 

section. 

(INCLUDING TRANSFER OF FUNDS) 

SEC. 126. None of the funds made available in this title, or 

in any Act making appropriations for military construction which 

remain available for obligation, may be obligated or expended to 

carry out a military construction, land acquisition, or family housing 

project at or for a military installation approved for closure, or 

at a military installation for the purposes of supporting a function 

that has been approved for realignment to another installation, 

in 2005 under the Defense Base Closure and Realignment Act 

of 1990 (part A of title XXIX of Public Law 101–510; 10 U.S.C. 

Inquiry request. 

Deadline. 

Reports. 

Deadline. 

Notification. 

10 USC 2821 

note. 

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121 STAT. 2262 PUBLIC LAW 110–161—DEC. 26, 2007 

2687 note), unless such a project at a military installation approved 

for realignment will support a continuing mission or function at 

that installation or a new mission or function that is planned 

for that installation, or unless the Secretary of Defense certifies 

that the cost to the United States of carrying out such project 

would be less than the cost to the United States of cancelling 

such project, or if the project is at an active component base that 

shall be established as an enclave or in the case of projects having 

multi-agency use, that another Government agency has indicated 

it will assume ownership of the completed project. The Secretary 

of Defense may not transfer funds made available as a result 

of this limitation from any military construction project, land 

acquisition, or family housing project to another account or use 

such funds for another purpose or project without the prior approval 

of the Committees on Appropriations of both Houses of Congress. 

This section shall not apply to military construction projects, land 

acquisition, or family housing projects for which the project is 

vital to the national security or the protection of health, safety, 

or environmental quality: Provided, That the Secretary of Defense 

shall notify the congressional defense committees within seven days 

of a decision to carry out such a military construction project. 

(INCLUDING TRANSFER OF FUNDS) 

SEC. 127. During the 5-year period after appropriations available in this Act to the Department of Defense for military construction and family housing operation and maintenance and construction have expired for obligation, upon a determination that such 

appropriations will not be necessary for the liquidation of obligations 

or for making authorized adjustments to such appropriations for 

obligations incurred during the period of availability of such appropriations, unobligated balances of such appropriations may be transferred into the appropriation ‘‘Foreign Currency Fluctuations, 

Construction, Defense’’, to be merged with and to be available 

for the same time period and for the same purposes as the appropriation to which transferred. 

SEC. 128. None of the funds in this title shall be used for 

any activity related to the construction of an Outlying Landing 

Field in Washington County, North Carolina. 

TITLE II 

DEPARTMENT OF VETERANS AFFAIRS 

VETERANS BENEFITS ADMINISTRATION

COMPENSATION AND PENSIONS

(INCLUDING TRANSFER OF FUNDS) 

For the payment of compensation benefits to or on behalf of 

veterans and a pilot program for disability examinations as authorized by section 107 and chapters 11, 13, 18, 51, 53, 55, and 61 

of title 38, United States Code; pension benefits to or on behalf 

of veterans as authorized by chapters 15, 51, 53, 55, and 61 of 

title 38, United States Code; and burial benefits, the Reinstated 

Entitlement Program for Survivors, emergency and other officers’ 

retirement pay, adjusted-service credits and certificates, payment 

Notification. 

Deadline. 

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PUBLIC LAW 110–161—DEC. 26, 2007 121 STAT. 2263 

of premiums due on commercial life insurance policies guaranteed 

under the provisions of title IV of the Servicemembers Civil Relief 

Act (50 U.S.C. App. 541 et seq.) and for other benefits as authorized 

by sections 107, 1312, 1977, and 2106, and chapters 23, 51, 53, 

55, and 61 of title 38, United States Code, $41,236,322,000, to 

remain available until expended: Provided, That not to exceed 

$28,583,000 of the amount appropriated under this heading shall 

be reimbursed to ‘‘General operating expenses’’ and ‘‘Medical 

administration’’ for necessary expenses in implementing the provisions of chapters 51, 53, and 55 of title 38, United States Code, 

the funding source for which is specifically provided as the ‘‘Compensation and pensions’’ appropriation: Provided further, That such 

sums as may be earned on an actual qualifying patient basis, 

shall be reimbursed to ‘‘Medical care collections fund’’ to augment 

the funding of individual medical facilities for nursing home care 

provided to pensioners as authorized. 

READJUSTMENT BENEFITS

For the payment of readjustment and rehabilitation benefits 

to or on behalf of veterans as authorized by chapters 21, 30, 31, 

34, 35, 36, 39, 51, 53, 55, and 61 of title 38, United States Code, 

$3,300,289,000, to remain available until expended: Provided, That 

expenses for rehabilitation program services and assistance which 

the Secretary is authorized to provide under subsection (a) of section 

3104 of title 38, United States Code, other than under paragraphs 

(1), (2), (5), and (11) of that subsection, shall be charged to this 

account. 

VETERANS INSURANCE AND INDEMNITIES

For military and naval insurance, national service life insurance, servicemen’s indemnities, service-disabled veterans insurance, 

and veterans mortgage life insurance as authorized by title 38, 

United States Code, chapters 19 and 21, $41,250,000, to remain 

available until expended. 

VETERANS HOUSING BENEFIT PROGRAM FUND PROGRAM ACCOUNT

For the cost of direct and guaranteed loans, such sums as 

may be necessary to carry out the program, as authorized by subchapters I through III of chapter 37 of title 38, United States 

Code: 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 during fiscal year 2008, 

within the resources available, not to exceed $500,000 in gross 

obligations for direct loans are authorized for specially adapted 

housing loans. 

In addition, for administrative expenses to carry out the direct 

and guaranteed loan programs, $154,562,000. 

VOCATIONAL REHABILITATION LOANS PROGRAM ACCOUNT

(INCLUDING TRANSFER OF FUNDS) 

For the cost of direct loans, $71,000, as authorized by chapter 

31 of title 38, United States Code: 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 

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121 STAT. 2264 PUBLIC LAW 110–161—DEC. 26, 2007 

further, That funds made available under this heading are available 

to subsidize gross obligations for the principal amount of direct 

loans not to exceed $3,287,000. 

In addition, for administrative expenses necessary to carry out the direct loan program, $311,000, which may be transferred 

to and merged with the appropriation for ‘‘General operating 

expenses’’. 

NATIVE AMERICAN VETERAN HOUSING LOAN PROGRAM ACCOUNT

For administrative expenses to carry out the direct loan program authorized by subchapter V of chapter 37 of title 38, United 

States Code, $628,000. 

GUARANTEED TRANSITIONAL HOUSING LOANS FOR HOMELESS

VETERANS PROGRAM ACCOUNT

For the administrative expenses to carry out the guaranteed 

transitional housing loan program authorized by subchapter VI 

of chapter 20 of title 38, United States Code, not to exceed $750,000 

of the amounts appropriated by this Act for ‘‘General operating 

expenses’’ and ‘‘Medical administration’’ may be expended. 

VETERANS HEALTH ADMINISTRATION

MEDICAL SERVICES

(INCLUDING TRANSFER OF FUNDS) 

For necessary expenses for furnishing, as authorized by law, 

inpatient and outpatient care and treatment to beneficiaries of 

the Department of Veterans Affairs and veterans described in section 1705(a) of title 38, United States Code, including care and 

treatment in facilities not under the jurisdiction of the Department, 

and including medical supplies and equipment, food services, and 

salaries and expenses of health-care employees hired under title 

38, United States Code, and aid to State homes as authorized 

by section 1741 of title 38, United States Code; $29,104,220,000, 

plus reimbursements, of which not less than $2,900,000,000 shall 

be expended for specialty mental health care and not less than 

$130,000,000 shall be expended for the homeless grants and per 

diem program: Provided, That of the funds made available under 

this heading, not to exceed $1,350,000,000 shall be available until 

September 30, 2009: Provided further, That, notwithstanding any 

other provision of law, the Secretary of Veterans Affairs shall establish a priority for the provision of medical treatment for veterans 

who have service-connected disabilities, lower income, or have special needs: Provided further, That, notwithstanding any other provision of law, the Secretary of Veterans Affairs shall give priority 

funding for the provision of basic medical benefits to veterans 

in enrollment priority groups 1 through 6: Provided further, That, 

notwithstanding any other provision of law, the Secretary of Veterans Affairs may authorize the dispensing of prescription drugs 

from Veterans Health Administration facilities to enrolled veterans 

with privately written prescriptions based on requirements established by the Secretary: Provided further, That the implementation 

of the program described in the previous proviso shall incur no 

additional cost to the Department of Veterans Affairs: Provided 

further, That for the Department of Defense/Department of Veterans 

Priorities. 

Priorities. 

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PUBLIC LAW 110–161—DEC. 26, 2007 121 STAT. 2265 

Affairs Health Care Sharing Incentive Fund, as authorized by section 8111(d) of title 38, United States Code, a minimum of 

$15,000,000, to remain available until expended, for any purpose 

authorized by section 8111 of title 38, United States Code. 

MEDICAL ADMINISTRATION

For necessary expenses in the administration of the medical, 

hospital, nursing home, domiciliary, construction, supply, and 

research activities, as authorized by law; administrative expenses 

in support of capital policy activities; and administrative and legal 

expenses of the Department for collecting and recovering amounts 

owed the Department as authorized under chapter 17 of title 38, 

United States Code, and the Federal Medical Care Recovery Act 

(42 U.S.C. 2651 et seq.): $3,517,000,000, plus reimbursements, of 

which $250,000,000 shall be available until September 30, 2009. 

MEDICAL FACILITIES

For necessary expenses for the maintenance and operation of 

hospitals, nursing homes, and domiciliary facilities and other necessary facilities of the Veterans Health Administration; for administrative expenses in support of planning, design, project management, real property acquisition and disposition, construction, and 

renovation of any facility under the jurisdiction or for the use 

of the Department; for oversight, engineering, and architectural 

activities not charged to project costs; for repairing, altering, 

improving, or providing facilities in the several hospitals and homes 

under the jurisdiction of the Department, not otherwise provided 

for, either by contract or by the hire of temporary employees and 

purchase of materials; for leases of facilities; and for laundry services, $4,100,000,000, plus reimbursements, of which $350,000,000 

shall be available until September 30, 2009: Provided, That 

$325,000,000 for non-recurring maintenance provided under this 

heading shall be allocated in a manner not subject to the Veterans 

Equitable Resource Allocation. 

MEDICAL AND PROSTHETIC RESEARCH

For necessary expenses in carrying out programs of medical 

and prosthetic research and development as authorized by chapter 

73 of title 38, United States Code, $480,000,000, plus reimbursements, to remain available until September 30, 2009. 

NATIONAL CEMETERY ADMINISTRATION

For necessary expenses of the National Cemetery Administration for operations and maintenance, not otherwise provided for, 

including uniforms or allowances therefor; cemeterial expenses as 

authorized by law; purchase of one passenger motor vehicle for 

use in cemeterial operations; and hire of passenger motor vehicles, 

$195,000,000, of which not to exceed $20,000,000 shall be available 

until September 30, 2009. 

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121 STAT. 2266 PUBLIC LAW 110–161—DEC. 26, 2007 

DEPARTMENTAL ADMINISTRATION

GENERAL OPERATING EXPENSES

For necessary operating expenses of the Department of Veterans Affairs, not otherwise provided for, including administrative 

expenses in support of Department-Wide capital planning, management and policy activities, uniforms, or allowances therefor; not 

to exceed $25,000 for official reception and representation expenses; 

hire of passenger motor vehicles; and reimbursement of the General 

Services Administration for security guard services, and the Department of Defense for the cost of overseas employee mail, 

$1,605,000,000: Provided, That expenses for services and assistance 

authorized under paragraphs (1), (2), (5), and (11) of section 3104(a) 

of title 38, United States Code, that the Secretary of Veterans 

Affairs determines are necessary to enable entitled veterans: (1) 

to the maximum extent feasible, to become employable and to 

obtain and maintain suitable employment; or (2) to achieve maximum independence in daily living, shall be charged to this account: 

Provided further, That the Veterans Benefits Administration shall 

be funded at not less than $1,327,001,000: Provided further, That 

of the funds made available under this heading, not to exceed 

$75,000,000 shall be available for obligation until September 30, 

2009: Provided further, That from the funds made available under 

this heading, the Veterans Benefits Administration may purchase 

(on a one-for-one replacement basis only) up to two passenger 

motor vehicles for use in operations of that Administration in 

Manila, Philippines. 

INFORMATION TECHNOLOGY SYSTEMS

For necessary expenses for information technology systems and 

telecommunications support, including developmental information 

systems and operational information systems; including pay and 

associated cost for operations and maintenance associated staff; 

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 section 3109 of title 5, United States Code, $1,966,465,000, 

to be available until September 30, 2009: Provided, That none 

of these funds may be obligated until the Department of Veterans 

Affairs submits to the Committees on Appropriations of both Houses 

of Congress, 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; 

(2) complies with the Department of Veterans Affairs enterprise 

architecture; (3) conforms with an established enterprise life cycle 

methodology; and (4) complies with the acquisition rules, requirements, guidelines, and systems acquisition management practices 

of the Federal Government: Provided further, That within 30 days 

of enactment of this Act, the Secretary of Veterans Affairs shall 

submit to the Committees on Appropriations of both Houses of 

Congress a reprogramming base letter which provides, by project, 

the costs included in this appropriation. 

Deadline. 

Reprogramming 

letter. 

Expenditure 

plan. 

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PUBLIC LAW 110–161—DEC. 26, 2007 121 STAT. 2267 

OFFICE OF INSPECTOR GENERAL

For necessary expenses of the Office of Inspector General, to 

include information technology, in carrying out the provisions of 

the Inspector General Act of 1978 (5 U.S.C. App.), $80,500,000, 

of which $5,000,000 shall be available until September 30, 2009. 

CONSTRUCTION, MAJOR PROJECTS

For constructing, altering, extending, and improving any of 

the facilities, including parking projects, under the jurisdiction or 

for the use of the Department of Veterans Affairs, or for any 

of the purposes set forth in sections 316, 2404, 2406, 8102, 8103, 

8106, 8108, 8109, 8110, and 8122 of title 38, United States Code, 

including planning, architectural and engineering services, 

construction management services, maintenance or guarantee 

period services costs associated with equipment guarantees provided 

under the project, services of claims analysts, offsite utility and 

storm drainage system construction costs, and site acquisition, 

where the estimated cost of a project is more than the amount 

set forth in section 8104(a)(3)(A) of title 38, United States Code, 

or where funds for a project were made available in a previous 

major project appropriation, $1,069,100,000, to remain available 

until expended, of which $2,000,000 shall be to make reimbursements as provided in section 13 of the Contract Disputes Act of 

1978 (41 U.S.C. 612) for claims paid for contract disputes: Provided, 

That except for advance planning activities, including needs assessments which may or may not lead to capital investments, and 

other capital asset management related activities, including portfolio development and management activities, and investment 

strategy studies funded through the advance planning fund and 

the planning and design activities funded through the design fund, 

including needs assessments which may or may not lead to capital 

investments, none of the funds appropriated under this heading 

shall be used for any project which has not been approved by 

the Congress in the budgetary process: Provided further, That funds 

provided in this appropriation for fiscal year 2008, for each approved 

project shall be obligated: (1) by the awarding of a construction 

documents contract by September 30, 2008; and (2) by the awarding 

of a construction contract by September 30, 2009: Provided further, 

That the Secretary of Veterans Affairs shall promptly submit to 

the Committees on Appropriations of both Houses of Congress a 

written report on any approved major construction project for which 

obligations are not incurred within the time limitations established 

above: Provided further, That none of the funds appropriated in 

this or any other Act may be used to reduce the mission, services, 

or infrastructure, including land, of the 18 facilities on the Capital 

Asset Realignment for Enhanced Services (CARES) list requiring 

further study, as specified by the Secretary of Veterans Affairs, 

without prior approval of the Committees on Appropriations of 

both Houses of Congress. 

CONSTRUCTION, MINOR PROJECTS

For constructing, altering, extending, and improving any of 

the facilities, including parking projects, under the jurisdiction or 

Reports. 

Deadlines. 

Contracts. 

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121 STAT. 2268 PUBLIC LAW 110–161—DEC. 26, 2007 

for the use of the Department of Veterans Affairs, including planning and assessments of needs which may lead to capital investments, architectural and engineering services, maintenance or guarantee period services costs associated with equipment guarantees 

provided under the project, services of claims analysts, offsite utility 

and storm drainage system construction costs, and site acquisition, 

or for any of the purposes set forth in sections 316, 2404, 2406, 

8102, 8103, 8106, 8108, 8109, 8110, 8122, and 8162 of title 38, 

United States Code, where the estimated cost of a project is equal 

to or less than the amount set forth in section 8104(a)(3)(A) of 

title 38, United States Code, $630,535,000, to remain available 

until expended, along with unobligated balances of previous 

‘‘Construction, minor projects’’ appropriations which are hereby 

made available for any project where the estimated cost is equal 

to or less than the amount set forth in such section: Provided, 

That funds in this account shall be available for: (1) repairs to 

any of the nonmedical facilities under the jurisdiction or for the 

use of the Department which are necessary because of loss or 

damage caused by any natural disaster or catastrophe; and (2) 

temporary measures necessary to prevent or to minimize further 

loss by such causes. 

GRANTS FOR CONSTRUCTION OF STATE EXTENDED CARE FACILITIES

For grants to assist States to acquire or construct State nursing 

home and domiciliary facilities and to remodel, modify, or alter 

existing hospital, nursing home, and domiciliary facilities in State 

homes, for furnishing care to veterans as authorized by sections 

8131 through 8137 of title 38, United States Code, $165,000,000, 

to remain available until expended. 

GRANTS FOR CONSTRUCTION OF STATE VETERANS CEMETERIES

For grants to assist States in establishing, expanding, or 

improving State veterans cemeteries as authorized by section 2408 

of title 38, United States Code, $39,500,000, to remain available 

until expended. 

ADMINISTRATIVE PROVISIONS

(INCLUDING TRANSFER OF FUNDS) 

SEC. 201. Any appropriation for fiscal year 2008 for ‘‘Compensation and pensions’’, ‘‘Readjustment benefits’’, and ‘‘Veterans insurance and indemnities’’ may be transferred as necessary to any 

other of the mentioned appropriations: Provided, That before a 

transfer may take place, the Secretary of Veterans Affairs shall 

request from the Committees on Appropriations of both Houses 

of Congress the authority to make the transfer and such Committees 

issue an approval, or absent a response, a period of 30 days has 

elapsed. 

(INCLUDING TRANSFER OF FUNDS) 

SEC. 202. Amounts made available for fiscal year 2008, in 

this Act or any other Act, under the ‘‘Medical services’’, ‘‘Medical 

Administration’’, and ‘‘Medical facilities’’ accounts may be transferred among the accounts to the extent necessary to implement 

the restructuring of the Veterans Health Administration accounts: 

Transfer 

authority. 

Deadline. 

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PUBLIC LAW 110–161—DEC. 26, 2007 121 STAT. 2269 

Provided, That before a transfer may take place, the Secretary 

of Veterans Affairs shall request from the Committees on Appropriations of both Houses of Congress the authority to make the transfer 

and an approval is issued. 

SEC. 203. Appropriations available in this title for salaries 

and expenses shall be available for services authorized by section 

3109 of title 5, United States Code, hire of passenger motor vehicles; 

lease of a facility or land or both; and uniforms or allowances 

therefore, as authorized by sections 5901 through 5902 of title 

5, United States Code. 

SEC. 204. No appropriations in this title (except the appropriations for ‘‘Construction, major projects’’, and ‘‘Construction, minor 

projects’’) shall be available for the purchase of any site for or 

toward the construction of any new hospital or home. 

SEC. 205. No appropriations in this title shall be available 

for hospitalization or examination of any persons (except beneficiaries entitled to such hospitalization or examination under the 

laws providing such benefits to veterans, and persons receiving 

such treatment under sections 7901 through 7904 of title 5, United 

States Code, or the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.)), unless reimbursement of the cost of such hospitalization or examination is made 

to the ‘‘Medical services’’ account at such rates as may be fixed 

by the Secretary of Veterans Affairs. 

SEC. 206. Appropriations available in this title for ‘‘Compensation and pensions’’, ‘‘Readjustment benefits’’, and ‘‘Veterans insurance and indemnities’’ shall be available for payment of prior year 

accrued obligations required to be recorded by law against the 

corresponding prior year accounts within the last quarter of fiscal 

year 2007. 

SEC. 207. Appropriations available in this title shall be available 

to pay prior year obligations of corresponding prior year appropriations accounts resulting from sections 3328(a), 3334, and 3712(a) 

of title 31, United States Code, except that if such obligations 

are from trust fund accounts they shall be payable only from ‘‘Compensation and pensions’’. 

(INCLUDING TRANSFER OF FUNDS) 

SEC. 208. Notwithstanding any other provision of law, during 

fiscal year 2008, the Secretary of Veterans Affairs shall, from the 

National Service Life Insurance Fund (38 U.S.C. 1920), the Veterans’ Special Life Insurance Fund (38 U.S.C. 1923), and the United 

States Government Life Insurance Fund (38 U.S.C. 1955), reimburse 

the ‘‘General operating expenses’’ account for the cost of administration of the insurance programs financed through those accounts: 

Provided, That reimbursement shall be made only from the surplus 

earnings accumulated in such an insurance program during fiscal 

year 2008 that are available for dividends in that program after 

claims have been paid and actuarially determined reserves have 

been set aside: Provided further, That if the cost of administration 

of such an insurance program exceeds the amount of surplus 

earnings accumulated in that program, reimbursement shall be 

made only to the extent of such surplus earnings: Provided further, 

That the Secretary shall determine the cost of administration for 

fiscal year 2008 which is properly allocable to the provision of 

each such insurance program and to the provision of any total 

disability income insurance included in that insurance program. 

Transfer 

authority. 

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121 STAT. 2270 PUBLIC LAW 110–161—DEC. 26, 2007 

SEC. 209. Amounts deducted from enhanced-use lease proceeds 

to reimburse an account for expenses incurred by that account 

during a prior fiscal year for providing enhanced-use lease services, 

may be obligated during the fiscal year in which the proceeds 

are received. 

(INCLUDING TRANSFER OF FUNDS) 

SEC. 210. Funds available in this title or funds for salaries 

and other administrative expenses shall also be available to 

reimburse the Office of Resolution Management of the Department 

of Veterans Affairs and the Office of Employment Discrimination 

Complaint Adjudication under section 319 of title 38, United States 

Code, for all services provided at rates which will recover actual 

costs but not exceed $32,067,000 for the Office of Resolution 

Management and $3,148,000 for the Office of Employment and 

Discrimination Complaint Adjudication: Provided, That payments 

may be made in advance for services to be furnished based on 

estimated costs: Provided further, That amounts received shall be 

credited to ‘‘General operating expenses’’ for use by the office that 

provided the service. 

SEC. 211. No appropriations in this title shall be available 

to enter into any new lease of real property if the estimated annual 

rental is more than $300,000 unless the Secretary submits a report 

which the Committees on Appropriations of both Houses of Congress 

approve within 30 days following the date on which the report 

is received. 

SEC. 212. No funds of the Department of Veterans Affairs 

shall be available for hospital care, nursing home care, or medical 

services provided to any person under chapter 17 of title 38, United 

States Code, for a non-service-connected disability described in section 1729(a)(2) of such title, unless that person has disclosed to 

the Secretary of Veterans Affairs, in such form as the Secretary 

may require, current, accurate third-party reimbursement information for purposes of section 1729 of such title: Provided, That 

the Secretary may recover, in the same manner as any other debt 

due the United States, the reasonable charges for such care or 

services from any person who does not make such disclosure as 

required: Provided further, That any amounts so recovered for care 

or services provided in a prior fiscal year may be obligated by 

the Secretary during the fiscal year in which amounts are received. 

(INCLUDING TRANSFER OF FUNDS) 

SEC. 213. Notwithstanding any other provision of law, at the 

discretion of the Secretary of Veterans Affairs, proceeds or revenues 

derived from enhanced-use leasing activities (including disposal) 

may be deposited into the ‘‘Construction, major projects’’ and 

‘‘Construction, minor projects’’ accounts and be used for construction 

(including site acquisition and disposition), alterations, and 

improvements of any medical facility under the jurisdiction or for 

the use of the Department of Veterans Affairs. Such sums as 

realized are in addition to the amount provided for in ‘‘Construction, 

major projects’’ and ‘‘Construction, minor projects’’. 

SEC. 214. Amounts made available under ‘‘Medical services’’ 

are available— 

(1) for furnishing recreational facilities, supplies, and equipment; and 

Reports. 

Deadline. 

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PUBLIC LAW 110–161—DEC. 26, 2007 121 STAT. 2271 

(2) for funeral expenses, burial expenses, and other 

expenses incidental to funerals and burials for beneficiaries 

receiving care in the Department. 

(INCLUDING TRANSFER OF FUNDS) 

SEC. 215. Such sums as may be deposited to the Medical 

Care Collections Fund pursuant to section 1729A of title 38, United 

States Code, may be transferred to ‘‘Medical services’’, to remain 

available until expended for the purposes of that account. 

SEC. 216. Notwithstanding any other provision of law, the 

Secretary of Veterans Affairs shall allow veterans who are eligible 

under existing Department of Veterans Affairs medical care requirements and who reside in Alaska to obtain medical care services 

from medical facilities supported by the Indian Health Service 

or tribal organizations. The Secretary shall: (1) limit the application 

of this provision to rural Alaskan veterans in areas where an 

existing Department of Veterans Affairs facility or Veterans Affairscontracted service is unavailable; (2) require participating veterans 

and facilities to comply with all appropriate rules and regulations, 

as established by the Secretary; (3) require this provision to be 

consistent with Capital Asset Realignment for Enhanced Services 

activities; and (4) result in no additional cost to the Department 

of Veterans Affairs or the Indian Health Service. 

(INCLUDING TRANSFER OF FUNDS) 

SEC. 217. Such sums as may be deposited to the Department 

of Veterans Affairs Capital Asset Fund pursuant to section 8118 

of title 38, United States Code, may be transferred to the ‘‘Construction, major projects’’ and ‘‘Construction, minor projects’’ accounts, 

to remain available until expended for the purposes of these 

accounts. 

SEC. 218. None of the funds available to the Department of 

Veterans Affairs, in this Act, or any other Act, may be used to 

replace the current system by which the Veterans Integrated Services Networks select and contract for diabetes monitoring supplies 

and equipment. 

SEC. 219. None of the funds made available in this title may 

be used to implement any policy prohibiting the Directors of the 

Veterans Integrated Services Networks from conducting outreach 

or marketing to enroll new veterans within their respective Networks. 

SEC. 220. The Secretary of Veterans Affairs shall submit to 

the Committees on Appropriations of both Houses of Congress a 

quarterly report on the financial status of the Veterans Health 

Administration. 

(INCLUDING TRANSFER OF FUNDS) 

SEC. 221. Amounts made available under the ‘‘Medical services’’, 

‘‘Medical Administration’’, ‘‘Medical facilities’’, ‘‘General operating 

expenses’’, and ‘‘National Cemetery Administration’’ accounts for 

fiscal year 2008, may be transferred to or from the ‘‘Information 

technology systems’’ account: Provided, That before a transfer may 

take place, the Secretary of Veterans Affairs shall request from 

the Committees on Appropriations of both Houses of Congress the 

authority to make the transfer and an approval is issued. 

Transfer 

authority. 

Alaska. 

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121 STAT. 2272 PUBLIC LAW 110–161—DEC. 26, 2007 

SEC. 222. Amounts made available for the ‘‘Information technology systems’’ account may be transferred between projects: Provided, That no project may be increased or decreased by more than $1,000,000 of cost prior to submitting a request to the Committees on Appropriations of both Houses of Congress to make the 

transfer and an approval is issued, or absent a response, a period 

of 30 days has elapsed. 

(INCLUDING TRANSFER OF FUNDS) 

SEC. 223. Any balances in prior year accounts established for 

the payment of benefits under the Reinstated Entitlement Program 

for Survivors shall be transferred to and merged with amounts 

available under the ‘‘Compensation and pensions’’ account, and 

receipts that would otherwise be credited to the accounts established 

for the payment of benefits under the Reinstated Entitlement Program for Survivors program shall be credited to amounts available 

under the ‘‘Compensation and pensions’’ account. 

SEC. 224. PROHIBITION ON DISPOSAL OF DEPARTMENT OF VET- ERANS AFFAIRS LANDS AND IMPROVEMENTS AT WEST LOS ANGELES

MEDICAL CENTER, CALIFORNIA. (a) IN GENERAL.—The Secretary 

of Veterans Affairs may not declare as excess to the needs of 

the Department of Veterans Affairs, or otherwise take any action 

to exchange, trade, auction, transfer, or otherwise dispose of, or 

reduce the acreage of, Federal land and improvements at the 

Department of Veterans Affairs West Los Angeles Medical Center, 

California, encompassing approximately 388 acres on the north 

and south sides of Wilshire Boulevard and west of the 405 Freeway. 

(b) SPECIAL PROVISION REGARDING LEASE WITH REPRESENTA- TIVE OF THE HOMELESS.—Notwithstanding any provision of this 

Act, section 7 of the Homeless Veterans Comprehensive Services 

Act of 1992 (Public Law 102–590) shall remain in effect. 

(c) CONFORMING AMENDMENT.—Section 8162(c)(1) of title 38, 

United States Code, is amended— 

(1) by inserting ‘‘or section 224(a) of the Military Construction and Veterans Affairs and Related Agencies Appropriations 

Act, 2008’’ after ‘‘section 421(b)(2) of the Veterans’ Benefits 

and Services Act of 1988 (Public Law 100–322; 102 Stat. 553)’’; 

and 

(2) by striking ‘‘that section’’ and inserting ‘‘such sections’’. 

(d) EFFECTIVE DATE.—This section, including the amendment 

made by this section, shall apply with respect to fiscal year 2008 

and each fiscal year thereafter. 

SEC. 225. The Department shall continue research into Gulf 

War Illness at levels not less than those made available in fiscal 

year 2007, within available funds contained in this Act. 

SEC. 226. (a) Not later than 30 days after the date of the 

enactment of this Act, the Inspector General of the Department 

of Veterans Affairs shall establish and maintain on the homepage 

of the Internet website of the Office of Inspector General a mechanism by which individuals can anonymously report cases of waste, 

fraud, or abuse with respect to the Department of Veterans Affairs. 

(b) Not later than 30 days after the date of the enactment 

of this Act, the Secretary of Veterans Affairs shall establish and 

maintain on the homepage of the Internet website of the Department of Veterans Affairs a direct link to the Internet website 

of the Office of Inspector General of the Department of Veterans 

Affairs. 

Deadlines. 

Website. 

5 USC app. 6 

note. 

Research. 

Gulf War. 

38 USC 8162 

note. 

Transfer 

authority. 

Deadline. 

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PUBLIC LAW 110–161—DEC. 26, 2007 121 STAT. 2273 

SEC. 227. (a) Upon a determination by the Secretary of Veterans 

Affairs that such action is in the national interest, and will have 

a direct benefit for veterans through increased access to treatment, 

the Secretary of Veterans Affairs may transfer not more than 

$5,000,000 to the Secretary of Health and Human Services for 

the Graduate Psychology Education Program, which includes treatment of veterans, to support increased training of psychologists 

skilled in the treatment of post-traumatic stress disorder, traumatic 

brain injury, and related disorders. 

(b) The Secretary of Health and Human Services may only 

use funds transferred under this section for the purposes described 

in subsection (a). 

(c) The Secretary of Veterans Affairs shall notify Congress 

of any such transfer of funds under this section. 

SEC. 228. None of the funds appropriated or otherwise made 

available by this Act or any other Act for the Department of Veterans Affairs may be used in a manner that is inconsistent with— 

(1) section 842 of the Transportation, Treasury, Housing 

and Urban Development, the Judiciary, and Independent Agencies Appropriations Act, 2006 (Public Law 109–115; 119 Stat. 

2506); or 

(2) section 8110(a)(5) of title 38, United States Code. 

SEC. 229. The Secretary of Veterans Affairs may carry out 

a major medical facility lease in fiscal year 2008 in an amount 

not to exceed $12,000,000 to implement the recommendations outlined in the August 2007 Study of South Texas Veterans’ Inpatient 

and Specialty Outpatient Health Care Needs. 

(INCLUDING RESCISSION OF FUNDS) 

SEC. 230. Of the amounts made available for ‘‘Veterans Health 

Administration, Medical Services’’ in Public Law 110–28, 

$66,000,000 are rescinded. For an additional amount for ‘‘Departmental Administration, Construction, Major Projects’’, $66,000,000, 

to be available until expended: Provided, That the amount provided 

by this section is designated as described in section 5 (in the 

matter preceding division A of this consolidated Act). 

SEC. 231. Section 1710(f)(2)(B) of title 38, United States Code, 

is amended by striking ‘‘September 30, 2007,’’ and inserting ‘‘September 30, 2008,’’. 

SEC. 232. Section 1729(a)(2)(E) of title 38, United States Code, 

is amended by striking ‘‘October 1, 2007,’’ and inserting ‘‘October 

1, 2008,’’. 

SEC. 233. The unobligated balance of funds appropriated under 

the heading ‘‘Construction, Major Projects’’ in Public Law 109– 

234 for environmental clean-up and removal of debris from the 

Department of Veterans Affairs property in Gulfport, Mississippi, 

shall be available to the Department to replace missing doors and 

windows, and to repair roofs, of the buildings identified by the 

City of Gulfport, Mississippi, that will convey with the property, 

to prevent further environmental damage to the interior infrastructure of these buildings: Provided, That the amount provided by 

this section is designated as described in section 5 (in the matter 

preceding division A of this consolidated Act). 

SEC. 234. Notwithstanding any other provision of law, increases 

necessary to carry out section 3674 of title 38, United States Code 

at a level equal to fiscal year 2007 shall be available from amounts 

Mississippi. 

Real property. 

Notification. 

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121 STAT. 2274 PUBLIC LAW 110–161—DEC. 26, 2007 

provided in this title for ‘‘Departmental Administration, General 

Operating Expenses’’. 

SEC. 235. (a) EMERGENCY DESIGNATION.—Notwithstanding any 

other provision of this title (except section 230), of the amounts 

otherwise provided by this title for the following accounts, the 

following amounts are designated as emergency requirements and 

necessary to meet emergency needs pursuant to subsections (a) 

and (b) of section 204 of S. Con. Res. 21 (110th Congress), the 

concurrent resolution on the budget for fiscal year 2008: 

Veterans Health Administration, Medical Services, 

$1,936,549,000. 

Veterans Health Administration, Medical Administration, 

$75,000,000. 

Veterans Health Administration, Medical Facilities, 

$508,000,000. 

Veterans Health Administration, Medical and Prosthetic 

Research, $69,000,000. 

National Cemetery Administration, $28,191,000. 

Departmental Administration, General Operating Expenses, $133,163,000. 

Departmental Administration, Information Technology Sys- tems, $107,248,000. 

Departmental Administration, Office of the Inspector Gen- eral, $7,901,000. 

Departmental Administration, Construction, Major Projects, $341,700,000. 

Departmental Administration, Construction, Minor 

Projects, $397,139,000. 

Departmental Administration, Grants for Construction of 

State Extended Care Facilities, $80,000,000. 

Departmental Administration, Grants for Construction of 

State Veterans Cemeteries, $7,500,000. 

(b) CONTINGENT APPROPRIATION.—Any amount appropriated in 

this title that is designated by the Congress as an emergency 

requirement pursuant to subsection (a) shall be made available 

only after submission to the Congress by January 18, 2008, a 

formal budget request by the President that includes designation 

of the entire amount of the request as an emergency requirement. 

(c) REQUIREMENT FOR AVAILABILITY.—None of the funds 

described in subsection (a) shall become available for obligation 

unless all such funds are made available for obligation. 

TITLE III 

RELATED AGENCIES 

AMERICAN BATTLE MONUMENTS COMMISSION

SALARIES AND EXPENSES

For necessary expenses, not otherwise provided for, of the 

American Battle Monuments Commission, including the acquisition 

of land or interest in land in foreign countries; purchases and 

repair of uniforms for caretakers of national cemeteries and monuments outside of the United States and its territories and possessions; rent of office and garage space in foreign countries; purchase 

(one-for-one replacement basis only) and hire of passenger motor 

Deadline. 

Budget request. 

President. 

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PUBLIC LAW 110–161—DEC. 26, 2007 121 STAT. 2275 

vehicles; not to exceed $7,500 for official reception and representation expenses; and insurance of official motor vehicles in foreign 

countries, when required by law of such countries, $44,600,000, 

to remain available until expended. 

FOREIGN CURRENCY FLUCTUATIONS ACCOUNT

For necessary expenses, not otherwise provided for, of the 

American Battle Monuments Commission, $11,000,000, to remain 

available until expended, for purposes authorized by section 2109 

of title 36, United States Code. 

UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS

SALARIES AND EXPENSES

For necessary expenses for the operation of the United States 

Court of Appeals for Veterans Claims as authorized by sections 

7251 through 7298 of title 38, United States Code, $22,717,000, 

of which $1,210,000 shall be available for the purpose of providing 

financial assistance as described, and in accordance with the process 

and reporting procedures set forth, under this heading in Public 

Law 102–229. 

DEPARTMENT OF DEFENSE—CIVIL

CEMETERIAL EXPENSES, ARMY

SALARIES AND EXPENSES

For necessary expenses, as authorized by law, for maintenance, 

operation, and improvement of Arlington National Cemetery and 

Soldiers’ and Airmen’s Home National Cemetery, including the 

purchase of two passenger motor vehicles for replacement only, 

and not to exceed $1,000 for official reception and representation 

expenses, $31,230,000, to remain available until expended. In addition, such sums as may be necessary for parking maintenance, 

repairs and replacement, to be derived from the Lease of Department of Defense Real Property for Defense Agencies account. 

Funds appropriated under this Act may be provided to 

Arlington County, Virginia, for the relocation of the federally-owned 

water main at Arlington National Cemetery making additional land 

available for ground burials. 

ARMED FORCES RETIREMENT HOME

TRUST FUND

For expenses necessary for the Armed Forces Retirement Home 

to operate and maintain the Armed Forces Retirement Home— 

Washington, District of Columbia and the Armed Forces Retirement 

Home—Gulfport, Mississippi, to be paid from funds available in 

the Armed Forces Retirement Home Trust Fund, $55,724,000. 

GENERAL FUND PAYMENT, ARMED FORCES RETIREMENT HOME

For payment to the ‘‘Armed Forces Retirement Home’’, 

$800,000, to remain available until expended. 

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121 STAT. 2276 PUBLIC LAW 110–161—DEC. 26, 2007 

TITLE IV 

GENERAL PROVISIONS 

SEC. 401. No part of any appropriation contained in this Act 

shall remain available for obligation beyond the current fiscal year 

unless expressly so provided herein. 

SEC. 402. Such sums as may be necessary for fiscal year 2008 

for pay raises for programs funded by this Act shall be absorbed 

within the levels appropriated in this Act. 

SEC. 403. None of the funds made available in this Act may 

be used for any program, project, or activity, when it is made 

known to the Federal entity or official to which the funds are 

made available that the program, project, or activity is not in 

compliance with any Federal law relating to risk assessment, the 

protection of private property rights, or unfunded mandates. 

SEC. 404. No part of any funds appropriated in this 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 Congress, except in presentation to Congress itself. 

SEC. 405. All departments and agencies funded under this 

Act are encouraged, within the limits of the existing statutory 

authorities and funding, to expand their use of ‘‘E-Commerce’’ technologies and procedures in the conduct of their business practices 

and public service activities. 

SEC. 406. 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 or any other appropriations Act. 

SEC. 407. Unless stated otherwise, all reports and notifications 

required by this Act shall be submitted to the Subcommittee on 

Military Construction, Veterans Affairs, and Related Agencies of 

the Committee on Appropriations of the House of Representatives 

and the Subcommittee on Military Construction, Veterans Affairs, 

and Related Agencies of the Committee on Appropriations of the 

Senate. 

SEC. 408. The Director of the Congressional Budget Office shall, 

not later than February 1, 2008, submit to the Committees on 

Appropriations of the House of Representatives and the Senate 

a report projecting annual appropriations necessary for the Department of Veterans Affairs to continue providing necessary health 

care to veterans for fiscal years 2009 through 2012. 

SEC. 409. None of the funds appropriated or otherwise made 

available in this Act may be used for any action that is related 

to or promotes the expansion of the boundaries or size of the 

Pinon Canyon Maneuver Site, Colorado. 

SEC. 410. (a) In this section: 

(1) The term ‘‘City’’ means the City of Aurora, Colorado. 

(2) The term ‘‘deed’’ means the quitclaim deed— 

(A) conveyed by the Secretary to the City; and 

(B) dated May 24, 1999. 

(3) The term ‘‘non-Federal land’’ means— 

Colorado. 

Deadline. 

Reports. 

Submissions. 

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PUBLIC LAW 110–161—DEC. 26, 2007 121 STAT. 2277 

(A) parcel I of the Fitzsimons Army Medical Center, 

Colorado; and 

(B) the parcel of land described in the deed. 

(4) The term ‘‘Secretary’’ means the Secretary of the 

Interior. 

(b)(1) In accordance with paragraph (2), to allow the City to 

convey by donation to the United States the non-Federal land 

to be used by the Secretary of Veterans Affairs for the construction 

of a veterans medical facility. 

(2) In carrying out paragraph (1), with respect to the nonFederal land, the Secretary shall forego exercising any rights provided by the— 

(A) deed relating to a reversionary interest of the United 

States; and 

(B) any other reversionary interest of the United States. 

This division may be cited as the ‘‘Military Construction and 

Veterans Affairs and Related Agencies Appropriations Act, 2008’’. 

DIVISION J—DEPARTMENT OF STATE, FOREIGN OPERATIONS, AND RELATED PROGRAMS APPROPRIATIONS 

ACT, 2008 

TITLE I 

DEPARTMENT OF STATE AND RELATED AGENCIES 

DEPARTMENT OF STATE 

ADMINISTRATION OF FOREIGN AFFAIRS

DIPLOMATIC AND CONSULAR PROGRAMS

(INCLUDING TRANSFER OF FUNDS) 

For necessary expenses of the Department of State and the 

Foreign Service not otherwise provided for, including employment, 

without regard to civil service and classification laws, of persons 

on a temporary basis (not to exceed $700,000 of this appropriation), 

as authorized by section 801 of the United States Information 

and Educational Exchange Act of 1948; representation to certain 

international organizations in which the United States participates 

pursuant to treaties ratified pursuant to the advice and consent 

of the Senate or specific Acts of Congress; arms control, nonproliferation and disarmament activities as authorized; acquisition 

by exchange or purchase of passenger motor vehicles as authorized 

by law; and for expenses of general administration, $4,385,042,000: 

Provided, That of the amount provided by this paragraph, 

$575,000,000 is designated as described in section 5 (in the matter 

preceding division A of this consolidated Act): Provided further, 

That of the amount made available under this heading, not to 

exceed $10,000,000 may be transferred to, and merged with, ‘‘Emergencies in the Diplomatic and Consular Service’’, to be available 

only for emergency evacuations and terrorism rewards: Provided 

further, That of the amount made available under this heading, 

not less than $360,905,000 shall be available only for public diplomacy international information programs: Provided further, That 

of the funds made available under this heading, $5,000,000 shall 

be made available for a demonstration program to expand access 

Department of 

State, Foreign 

Operations, and 

Related 

Programs 

Appropriations 

Act, 2008. 

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121 STAT. 2278 PUBLIC LAW 110–161—DEC. 26, 2007 

to consular services: Provided further, That of the amount appro- priated under this heading, $2,000,000 shall be available for the 

Secretary to establish and operate a public/private interagency 

public diplomacy center which shall serve as a program integration 

and coordination entity for United States public diplomacy programs: Provided further, That of the amounts appropriated under 

this heading, $4,000,000, to remain available until expended, shall 

be for compensation to the families of members of the Foreign 

Service or other United States Government employees or their 

dependents, who were killed in terrorist attacks since 1979: Provided further, That none of the funds made available for compensation in the previous proviso may be obligated without specific 

authorization in a subsequent Act of Congress: Provided further, 

That during fiscal year 2008, foreign service annuitants may be 

employed, notwithstanding section 316.401 of title 5, Code of Federal Regulations, pursuant to waivers under section 824(g)(1)(C)(ii) 

of the Foreign Service Act of 1980 (22 U.S.C. 4064(g)(1)(C)(ii)): 

Provided further, That of the funds appropriated under this heading, 

$5,000,000 shall be made available for the Ambassador’s Fund 

for Cultural Preservation: Provided further, That of the funds appropriated under this heading, $500,000 may not be available for 

obligation until the Secretary of State submits a report to the 

Committees on Appropriations outlining a plan to increase the 

capacity of United States Embassy Moscow to monitor human rights 

and Russian laws relating to the press and civil society groups, 

and consults with the Committees on Appropriations concerning 

such plan: Provided further, That the Secretary may transfer to 

and merge with ‘‘Emergencies in the Diplomatic and Consular 

Service’’ for rewards payments unobligated balances of funds appropriated under ‘‘Diplomatic and Consular Programs’’ for this fiscal 

year and for each fiscal year hereafter, at no later than the end 

of the fifth fiscal year after the fiscal year for which any such 

funds were appropriated or otherwise made available: Provided 

further, That funds available under this heading may be available 

for a United States Government interagency task force to examine, 

coordinate and oversee United States participation in the United 

Nations headquarters renovation project: Provided further, That 

no funds may be obligated or expended for processing licenses 

for the export of satellites of United States origin (including 

commercial satellites and satellite components) to the People’s 

Republic of China unless, at least 15 days in advance, the Committees on Appropriations are notified of such proposed action: Provided 

further, That funds appropriated under this heading are available, 

pursuant to 31 U.S.C. 1108(g), for the field examination of programs 

and activities in the United States funded from any account contained in this title. 

In addition, not to exceed $1,558,390 shall be derived from 

fees collected from other executive agencies for lease or use of 

facilities located at the International Center in accordance with 

section 4 of the International Center Act; in addition, as authorized 

by section 5 of such Act, $490,000, to be derived from the reserve 

authorized by that section, to be used for the purposes set out 

in that section; in addition, as authorized by section 810 of the 

United States Information and Educational Exchange Act, not to 

exceed $6,000,000, to remain available until expended, may be 

credited to this appropriation from fees or other payments received 

from English teaching, library, motion pictures, and publication 

Satellites. 

China. 

Deadline. 

Notification. 

22 USC 2706a. 

Reports. 

Russia. 

Human rights. 

Establishment. 


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programs and from fees from educational advising and counseling 

and exchange visitor programs; and, in addition, not to exceed 

$15,000, which shall be derived from reimbursements, surcharges, 

and fees for use of Blair House facilities. 

In addition, for the costs of worldwide security protection, 

$974,760,000, to remain available until expended: Provided, That 

of the amount provided by this paragraph, $206,632,000 is designated as described in section 5 (in the matter preceding division 

A of this consolidated Act). 

CAPITAL INVESTMENT FUND

For necessary expenses of the Capital Investment Fund, $60,062,000, to remain available until expended, as authorized: 

Provided, That section 135(e) of Public Law 103–236 shall not 

apply to funds available under this heading. 

OFFICE OF INSPECTOR GENERAL

For necessary expenses of the Office of Inspector General, $34,008,000, notwithstanding section 209(a)(1) of the Foreign 

Service Act of 1980 (Public Law 96–465), as it relates to post 

inspections. 

EDUCATIONAL AND CULTURAL EXCHANGE PROGRAMS

For expenses of educational and cultural exchange programs, 

as authorized, $505,441,000, to remain available until expended: 

Provided, That not to exceed $5,000,000, to remain available until 

expended, may be credited to this appropriation from fees or other 

payments received from or in connection with English teaching, 

educational advising and counseling programs, and exchange visitor 

programs as authorized. 

REPRESENTATION ALLOWANCES

For representation allowances as authorized, $8,175,000. 

PROTECTION OF FOREIGN MISSIONS AND OFFICIALS

For expenses, not otherwise provided, to enable the Secretary 

of State to provide for extraordinary protective services, as authorized, $23,000,000, to remain available until September 30, 2009. 

EMBASSY SECURITY, CONSTRUCTION, AND MAINTENANCE

For necessary expenses for carrying out the Foreign Service 

Buildings Act of 1926 (22 U.S.C. 292–303), preserving, maintaining, 

repairing, and planning for buildings that are owned or directly 

leased by the Department of State, renovating, in addition to funds 

otherwise available, the Harry S Truman Building, and carrying 

out the Diplomatic Security Construction Program as authorized, 

$761,216,000, to remain available until expended as authorized, 

of which not to exceed $25,000 may be used for domestic and 

overseas representation as authorized: Provided, That none of the 

funds appropriated in this paragraph shall be available for acquisition of furniture, furnishings, or generators for other departments 

and agencies. 

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121 STAT. 2280 PUBLIC LAW 110–161—DEC. 26, 2007 

In addition, for the costs of worldwide security upgrades, acquisition, and construction as authorized, $676,000,000, to remain 

available until expended. 

EMERGENCIES IN THE DIPLOMATIC AND CONSULAR SERVICE

(INCLUDING TRANSFER OF FUNDS) 

For expenses necessary to enable the Secretary of State to 

meet unforeseen emergencies arising in the Diplomatic and Consular Service, $9,000,000, to remain available until expended as 

authorized, of which not to exceed $1,000,000 may be transferred 

to and merged with the ‘‘Repatriation Loans Program Account’’, 

subject to the same terms and conditions. 

REPATRIATION LOANS PROGRAM ACCOUNT

(INCLUDING TRANSFER OF FUNDS) 

For the cost of direct loans, $678,000, as authorized: 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. 

In addition, for administrative expenses necessary to carry out the direct loan program, $607,000, which may be transferred 

to and merged with ‘‘Diplomatic and Consular Programs’’. 

PAYMENT TO THE AMERICAN INSTITUTE IN TAIWAN

For necessary expenses to carry out the Taiwan Relations Act 

(Public Law 96–8), $16,351,000. 

PAYMENT TO THE FOREIGN SERVICE RETIREMENT AND DISABILITY

FUND

For payment to the Foreign Service Retirement and Disability 

Fund, as authorized by law, $158,900,000. 

INTERNATIONAL ORGANIZATIONS

CONTRIBUTIONS TO INTERNATIONAL ORGANIZATIONS

For expenses, not otherwise provided for, necessary to meet 

annual obligations of membership in international multilateral 

organizations, pursuant to treaties ratified pursuant to the advice 

and consent of the Senate, conventions or specific Acts of Congress, 

$1,354,400,000: Provided, That the Secretary of State shall, at 

the time of the submission of the President’s budget to Congress 

under section 1105(a) of title 31, United States Code, transmit 

to the Committees on Appropriations the most recent biennial 

budget prepared by the United Nations for the operations of the 

United Nations: Provided further, That the Secretary of State shall 

notify the Committees on Appropriations at least 15 days in advance 

(or in an emergency, as far in advance as is practicable) of any 

United Nations action to increase funding for any United Nations 

program without identifying an offsetting decrease elsewhere in 

the United Nations budget and cause the United Nations budget 

for the biennium 2008–2009 to exceed the revised United Nations 

budget level for the biennium 2006–2007 of $4,173,895,900: Provided further, That any payment of arrearages under this title 

Notification. 

Deadline. 

United Nations. 

Budget. 

United Nations. 

22 USC 269a 

note. 


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shall be directed toward activities that are mutually agreed upon 

by the United States and the respective international organization: 

Provided further, That none of the funds appropriated in this paragraph shall be available for a United States contribution to an 

international organization for the United States share of interest 

costs made known to the United States Government by such 

organization for loans incurred on or after October 1, 1984, through 

external borrowings. 

CONTRIBUTIONS FOR INTERNATIONAL PEACEKEEPING ACTIVITIES

For necessary expenses to pay assessed and other expenses 

of international peacekeeping activities directed to the maintenance 

or restoration of international peace and security, $1,700,500,000, 

of which 15 percent shall remain available until September 30, 

2009: Provided, That none of the funds made available under this 

Act shall be obligated or expended for any new or expanded United 

Nations peacekeeping mission unless, at least 15 days in advance 

of voting for the new or expanded mission in the United Nations 

Security Council (or in an emergency as far in advance as is 

practicable): (1) the Committees on Appropriations and other appropriate committees of the Congress are notified of the estimated 

cost and length of the mission, the national interest that will 

be served, and the planned exit strategy; (2) the Committees on 

Appropriations and other appropriate committees of the Congress 

are notified that the United Nations has taken appropriate measures to prevent United Nations employees, contractor personnel, 

and peacekeeping forces serving in any United Nations peacekeeping mission from trafficking in persons, exploiting victims of 

trafficking, or committing acts of illegal sexual exploitation, and 

to hold accountable individuals who engage in such acts while 

participating in the peacekeeping mission, including the prosecution 

in their home countries of such individuals in connection with 

such acts; and (3) a reprogramming of funds pursuant to section 

615 of this Act is submitted, and the procedures therein followed, 

setting forth the source of funds that will be used to pay for 

the cost of the new or expanded mission: Provided further, That 

funds shall be available for peacekeeping expenses only upon a 

certification by the Secretary of State to the Committees on Appropriations that American manufacturers and suppliers are being 

given opportunities to provide equipment, services, and material 

for United Nations peacekeeping activities equal to those being 

given to foreign manufacturers and suppliers: Provided further, 

That of the amount provided by this paragraph, $468,000,000 is 

designated as described in section 5 (in the matter preceding division A of this consolidated Act). 

INTERNATIONAL COMMISSIONS

For necessary expenses, not otherwise provided for, to meet 

obligations of the United States arising under treaties, or specific 

Acts of Congress, as follows: 

INTERNATIONAL BOUNDARY AND WATER COMMISSION, UNITED STATES

AND MEXICO

For necessary expenses for the United States Section of the 

International Boundary and Water Commission, United States and 

22 USC 269a 

note. 

Certification. 

Notification. 

Notification. 

Deadline. 


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121 STAT. 2282 PUBLIC LAW 110–161—DEC. 26, 2007 

Mexico, and to comply with laws applicable to the United States 

Section, including not to exceed $6,000 for representation; as follows: 

SALARIES AND EXPENSES

For salaries and expenses, not otherwise provided for, $30,430,000. 

CONSTRUCTION

For detailed plan preparation and construction of authorized 

projects, $88,425,000, to remain available until expended, as authorized. 

AMERICAN SECTIONS, INTERNATIONAL COMMISSIONS

For necessary expenses, not otherwise provided, for the International Joint Commission and the International Boundary 

Commission, United States and Canada, as authorized by treaties 

between the United States and Canada or Great Britain, and for 

the Border Environment Cooperation Commission as authorized 

by Public Law 103–182, $10,940,000: Provided, That of the amount 

provided under this heading for the International Joint Commission, 

$9,000 may be made available for representation expenses 45 days 

after submission to the Committees on Appropriations of a report 

detailing obligations, expenditures, and associated activities for 

fiscal years 2005, 2006, and 2007, including any unobligated funds 

which expired at the end of each fiscal year and the justification 

for why such funds were not obligated. 

Of the funds made available in the Science, State, Justice, 

Commerce, and Related Agencies Appropriations Act, 2006, Public 

Law 109–108, as continued by the Continuing Appropriations Resolution, 2007 (division B of Public Law 109–289, as amended by 

Public Law 110–5), for the International Joint Commission (119 

Stat. 2323), $300,000 for the Lake Champlain Basin Program shall 

remain available for the purposes intended until September 30, 

2009. 

INTERNATIONAL FISHERIES COMMISSIONS

For necessary expenses for international fisheries commissions, not otherwise provided for, as authorized by law, $26,527,000: Provided, That the United States share of such expenses may be 

advanced to the respective commissions pursuant to 31 U.S.C. 3324: 

Provided further, That funds appropriated under this heading shall 

be available for programs in the amounts contained in the table 

included in the explanatory statement described in section 4 (in 

the matter preceding division A of this consolidated Act) accompanying this Act and no proposal for deviation from those amounts 

shall be considered. 

OTHER

PAYMENT TO THE ASIA FOUNDATION

For a grant to the Asia Foundation, as authorized by the 

Asia Foundation Act (22 U.S.C. 4402), $15,500,000, to remain available until expended, as authorized. 

Availability date. 

Reports. 

Canada. 

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PUBLIC LAW 110–161—DEC. 26, 2007 121 STAT. 2283 

CENTER FOR MIDDLE EASTERN-WESTERN DIALOGUE TRUST FUND

For necessary expenses of the Center for Middle EasternWestern Dialogue Trust Fund, the total amount of the interest 

and earnings accruing to such Fund on or before September 30, 

2008, to remain available until expended. 

EISENHOWER EXCHANGE FELLOWSHIP PROGRAM

For necessary expenses of Eisenhower Exchange Fellowships, 

Incorporated, as authorized by sections 4 and 5 of the Eisenhower 

Exchange Fellowship Act of 1990 (20 U.S.C. 5204–5205), all interest 

and earnings accruing to the Eisenhower Exchange Fellowship Program Trust Fund on or before September 30, 2008, to remain 

available until expended: Provided, That none of the funds appropriated herein shall be used to pay any salary or other compensation, or to enter into any contract providing for the payment thereof, 

in excess of the rate authorized by 5 U.S.C. 5376; or for purposes 

which are not in accordance with OMB Circulars A–110 (Uniform 

Administrative Requirements) and A–122 (Cost Principles for Nonprofit Organizations), including the restrictions on compensation 

for personal services. 

ISRAELI ARAB SCHOLARSHIP PROGRAM

For necessary expenses of the Israeli Arab Scholarship Program 

as authorized by section 214 of the Foreign Relations Authorization 

Act, Fiscal Years 1992 and 1993 (22 U.S.C. 2452), all interest 

and earnings accruing to the Israeli Arab Scholarship Fund on 

or before September 30, 2008, to remain available until expended. 

EAST-WEST CENTER

To enable the Secretary of State to provide for carrying out 

the provisions of the Center for Cultural and Technical Interchange 

Between East and West Act of 1960, by grant to the Center for 

Cultural and Technical Interchange Between East and West in 

the State of Hawaii, $19,500,000: Provided, That none of the funds 

appropriated herein shall be used to pay any salary, or enter 

into any contract providing for the payment thereof, in excess 

of the rate authorized by 5 U.S.C. 5376. 

RELATED AGENCIES 

BROADCASTING BOARD OF GOVERNORS

INTERNATIONAL BROADCASTING OPERATIONS

For expenses necessary to enable the Broadcasting Board of 

Governors, as authorized, to carry out international communication 

activities, including the purchase, rent, construction, and improvement of facilities for radio and television transmission and reception 

and purchase, lease, and installation of necessary equipment for 

radio and television transmission and reception to Cuba, and to 

make and supervise grants for radio and television broadcasting 

to the Middle East, $676,727,000: Provided, That of the total 

amount in this heading, not to exceed $16,000 may be used for 

official receptions within the United States as authorized, not to 

Cuba. 

Middle East. 

Contracts. 

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121 STAT. 2284 PUBLIC LAW 110–161—DEC. 26, 2007 

exceed $35,000 may be used for representation abroad as authorized, and not to exceed $39,000 may be used for official reception 

and representation expenses of Radio Free Europe/Radio Liberty; 

and in addition, notwithstanding any other provision of law, not 

to exceed $2,000,000 in receipts from advertising and revenue from 

business ventures, not to exceed $500,000 in receipts from cooperating international organizations, and not to exceed $1,000,000 

in receipts from privatization efforts of the Voice of America and 

the International Broadcasting Bureau, to remain available until 

expended for carrying out authorized purposes: Provided further, 

That of the amount provided by this paragraph, $12,000,000 is 

designated as described in section 5 (in the matter preceding division A of this consolidated Act). 

BROADCASTING CAPITAL IMPROVEMENTS

For the purchase, rent, construction, and improvement of facilities for radio and television transmission and reception, and purchase and installation of necessary equipment for radio and television transmission and reception as authorized, $10,748,000, to 

remain available until expended, as authorized. 

COMMISSION FOR THE PRESERVATION OF AMERICA’S HERITAGE

ABROAD

SALARIES AND EXPENSES

For necessary expenses for the Commission for the Preservation 

of America’s Heritage Abroad, $499,000, as authorized by section 

1303 of Public Law 99–83. 

COMMISSION ON INTERNATIONAL RELIGIOUS FREEDOM

SALARIES AND EXPENSES

For necessary expenses for the United States Commission on 

International Religious Freedom, as authorized by title II of the 

International Religious Freedom Act of 1998 (Public Law 105– 

292), $3,300,000, to remain available until September 30, 2009. 

COMMISSION ON SECURITY AND COOPERATION IN EUROPE

SALARIES AND EXPENSES

For necessary expenses of the Commission on Security and 

Cooperation in Europe, as authorized by Public Law 94–304, 

$2,370,000, to remain available until September 30, 2009. 

CONGRESSIONAL-EXECUTIVE COMMISSION ON THE PEOPLE’S

REPUBLIC OF CHINA

SALARIES AND EXPENSES

For necessary expenses of the Congressional-Executive Commission on the People’s Republic of China, as authorized, $2,000,000, 

including not more than $3,000 for the purpose of official representation, to remain available until September 30, 2009. 

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PUBLIC LAW 110–161—DEC. 26, 2007 121 STAT. 2285 

UNITED STATES-CHINA ECONOMIC AND SECURITY REVIEW

COMMISSION

SALARIES AND EXPENSES

For necessary expenses of the United States-China Economic 

and Security Review Commission, $4,000,000, including not more 

than $4,000 for the purpose of official representation, to remain 

available until September 30, 2009: Provided, That the Commission 

shall submit a spending plan to the Committees on Appropriations 

no later than March 1, 2008, which effectively addresses the recommendations of the Government Accountability Office’s audit of 

the Commission (GAO–07–1128): Provided further, That the 

Commission shall provide to the Committees on Appropriations 

a quarterly accounting of the cumulative balances of any unobligated funds that were received by the Commission during any 

previous fiscal year: Provided further, That for purposes of costs 

relating to printing and binding, the Commission shall be deemed, 

effective on the date of its establishment, to be a committee of 

Congress: Provided further, That compensation for the executive 

director of the Commission may not exceed the rate payable for 

level II of the Executive Schedule under section 5314 of title 5, 

United States Code: Provided further, That section 1238(c)(1) of 

the Floyd D. Spence National Defense Authorization Act for Fiscal 

Year 2001, is amended by striking ‘‘June’’ and inserting ‘‘December’’: 

Provided further, That travel by members of the Commission and 

its staff shall be arranged and conducted under the rules and 

procedures applying to travel by members of the House of Representatives and its staff. 

UNITED STATES SENATE-CHINA INTERPARLIAMENTARY GROUP

SALARIES AND EXPENSES

For necessary expenses of the United States Senate-China 

Interparliamentary Group, as authorized under section 153 of the 

Consolidated Appropriations Act, 2004 (22 U.S.C. 276n; Public Law 

108–99; 118 Stat. 448), $150,000, to remain available until September 30, 2009. 

UNITED STATES INSTITUTE OF PEACE

OPERATING EXPENSES

For necessary expenses of the United States Institute of Peace 

as authorized in the United States Institute of Peace Act, 

$25,000,000, to remain available until September 30, 2009. 

GENERAL PROVISIONS—THIS TITLE 

ALLOWANCES AND DIFFERENTIALS

SEC. 101. Funds appropriated under title I of this Act shall 

be available, except as otherwise provided, for allowances and differentials as authorized by subchapter 59 of title 5, United States 

Code; for services as authorized by 5 U.S.C. 3109; and for hire 

of passenger transportation pursuant to 31 U.S.C. 1343(b). 

22 USC 7002. 

Effective date. 

Reports. 

Deadline. 

Spending plan. 

Deadline. 


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121 STAT. 2286 PUBLIC LAW 110–161—DEC. 26, 2007 

UNOBLIGATED BALANCES REPORT

SEC. 102. The Department of State and the Broadcasting Board 

of Governors shall provide to the Committees on Appropriations 

a quarterly accounting of the cumulative balances of any unobligated funds that were received by such agency during any previous 

fiscal year. 

EMBASSY CONSTRUCTION

SEC. 103. (a) Of funds provided under title I of this Act, except 

as provided in subsection (b), a project to construct a diplomatic 

facility of the United States may not include office space or other 

accommodations for an employee of a Federal agency or department 

if the Secretary of State determines that such department or agency 

has not provided to the Department of State the full amount of 

funding required by subsection (e) of section 604 of the Secure 

Embassy Construction and Counterterrorism Act of 1999 (as 

enacted into law by section 1000(a)(7) of Public Law 106–113 and 

contained in appendix G of that Act; 113 Stat. 1501A–453), as 

amended by section 629 of the Departments of Commerce, Justice, 

and State, the Judiciary, and Related Agencies Appropriations Act, 

2005. 

(b) Notwithstanding the prohibition in subsection (a), a project 

to construct a diplomatic facility of the United States may include 

office space or other accommodations for members of the Marine 

Corps. 

PEACEKEEPING MISSIONS

SEC. 104. None of the funds made available under title I of 

this Act may be used for any United Nations undertaking when 

it is made known to the Federal official having authority to obligate 

or expend such funds that: (1) the United Nations undertaking 

is a peacekeeping mission; (2) such undertaking will involve United 

States Armed Forces under the command or operational control 

of a foreign national; and (3) the President’s military advisors 

have not submitted to the President a recommendation that such 

involvement is in the national security interests of the United 

States and the President has not submitted to the Congress such 

a recommendation. 

DENIAL OF VISAS

SEC. 105. (a) None of the funds appropriated or otherwise 

made available under title I of this Act shall be expended for 

any purpose for which appropriations are prohibited by section 

616 of the Departments of Commerce, Justice, and State, the 

Judiciary, and Related Agencies Appropriations Act, 1999. 

(b) The requirements in subsections (b) and (c) of section 616 

of that Act shall continue to apply during fiscal year 2008. 

SENIOR POLICY OPERATING GROUP

SEC. 106. (a) The Senior Policy Operating Group on Trafficking 

in Persons, established under section 105(f) of the Victims of Trafficking and Violence Protection Act of 2000 (22 U.S.C. 7103(f)) 

to coordinate agency activities regarding policies (including grants 

and grant policies) involving the international trafficking in persons, 

Applicability. 

United Nations. 

President. 

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PUBLIC LAW 110–161—DEC. 26, 2007 121 STAT. 2287 

shall coordinate all such policies related to the activities of traffickers and victims of severe forms of trafficking. 

(b) None of the funds provided under title I of this or any 

other Act making appropriations for Department of State and 

Related Agencies shall be expended to perform functions that duplicate coordinating responsibilities of the Operating Group. 

(c) The Operating Group shall continue to report only to the 

authorities that appointed them pursuant to section 105(f). 

UNITED STATES CITIZENS BORN IN JERUSALEM

SEC. 107. For the purposes of registration of birth, certification 

of nationality, or issuance of a passport of a United States citizen 

born in the city of Jerusalem, the Secretary of State shall, upon 

request of the citizen, record the place of birth as Israel. 

CONSULTING SERVICES

SEC. 108. The expenditure of any appropriation under title 

I of this Act for any consulting service through procurement contract, pursuant to 5 U.S.C. 3109, 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. 

COMPLIANCE WITH SECTION 609 

SEC. 109. (a) None of the funds appropriated or otherwise 

made available under title I of this Act shall be expended for 

any purpose for which appropriations are prohibited by section 

609 of the Departments of Commerce, Justice, and State, the 

Judiciary, and Related Agencies Appropriations Act, 1999. 

(b) The requirements in subparagraphs (A) and (B) of section 

609 of that Act shall continue to apply during fiscal year 2008. 

STATE DEPARTMENT AUTHORITIES

SEC. 110. Funds appropriated under title I of this Act for 

the Broadcasting Board of Governors and the Department of State 

may be obligated and expended notwithstanding section 15 of the 

State Department Basic Authorities Act of 1956, section 313 of 

the Foreign Relations Authorization Act, Fiscal Years 1994 and 

1995 (Public Law 103–236), and section 504(a)(1) of the National 

Security Act of 1947 (50 U.S.C. 414(a)(1)). 

PERSONNEL ACTIONS

SEC. 111. Any costs incurred by a department or agency funded 

under this Act resulting from personnel actions taken in response 

to funding reductions included in this Act shall be absorbed within 

the total budgetary resources available to such department or 

agency: Provided, That the authority to transfer funds between 

appropriations accounts as may be necessary to carry out this 

section is provided in addition to authorities included elsewhere 

in this Act: Provided further, That use of funds to carry out this 

section shall be treated as a reprogramming of funds under section 

615 of title VI of this Act and shall not be available for obligation 

Applicability. 

Contracts. 

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121 STAT. 2288 PUBLIC LAW 110–161—DEC. 26, 2007 

or expenditure except in compliance with the procedures set forth 

in that section. 

RESTRICTIONS ON UNITED NATIONS DELEGATIONS

SEC. 112. None of the funds made available under title I of 

this Act may be used to pay expenses for any United States delegation to any specialized agency, body, or commission of the United 

Nations if such commission is chaired or presided over by a country, 

the government of which the Secretary of State has determined, 

for purposes of section 6(j)(1) of the Export Administration Act 

of 1979 (50 U.S.C. App. 2405(j)(1)), has provided support for acts 

of international terrorism. 

PEACEKEEPING ASSESSMENT

SEC. 113. Section 404(b)(2)(B) of the Foreign Relations 

Authorization Act, Fiscal Years 1994 and 1995, (22 U.S.C. 287e 

note) is amended at the end by adding the following: ‘‘(v) For 

assessments made during calendar year 2008, 27.1 percent.’’. 

ALHURRA BROADCASTING

SEC. 114. Funds appropriated for the programs and activities 

of Alhurra in fiscal year 2008 may be made available only if the 

Secretary of State certifies and reports to the Committees on Appropriations that Alhurra does not advocate on behalf of any organization that the Secretary knows, or has reason to believe, engages 

in terrorist activities. 

DEPARTMENT OF STATE INSPECTOR GENERAL

SEC. 115. (a) LINK TO OFFICE OF INSPECTOR GENERAL FROM

HOMEPAGE OF DEPARTMENT OF STATE.—Not later than 30 days 

after the date of the enactment of this Act, the Secretary of State 

shall establish and maintain on the homepage of the Internet 

website of the Department of State a direct link to the Internet 

website of the Office of Inspector General of the Department of 

State. 

(b) ANONYMOUS REPORTING OF WASTE, FRAUD, OR ABUSE.— Not later than 30 days after the date of the enactment of this 

Act, the Inspector General of the Department of State shall establish 

and maintain on the homepage of the Internet website of the 

Office of Inspector General a mechanism by which individuals can 

anonymously report cases of waste, fraud, or abuse with respect 

to the Department of State. 

CONSULAR OPERATIONS

SEC. 116. The Secretary of State shall establish limited consular 

operations in Iraq within 180 days of enactment of this Act in 

which designated categories of aliens may apply and interview 

for admission to the United States. 

INTERNATIONAL BOUNDARY AND WATER COMMISSION

SEC. 117. Of the funds appropriated in this Act under the 

heading ‘‘International Boundary and Water Commission, United 

States and Mexico, Construction’’ (IBWC), up to $66,000,000 may 

be expended for construction of secondary wastewater treatment 

Negotiations. 

Plans. 

Reports. 

Iraq. 

Deadline. 

Deadline. 

Website. 

5 USC app. 6 

note. 

Certification. 

Reports. 

Terrorism. 

22 USC 287e 

note. 


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PUBLIC LAW 110–161—DEC. 26, 2007 121 STAT. 2289 

capability of at least 25 million gallons per day (mgd) from the 

Tijuana River, subject to the following conditions: (1) IBWC shall 

resume negotiations in accordance with section 804 of Public Law 

106–457; (2) IBWC shall prepare design and engineering plans 

to upgrade the South Bay International Wastewater Treatment 

Plant to treat 25 mgd to secondary treatment and update its conceptual designs for a scalable project capable of treating up to 100 

mgd to secondary at the facility; and (3) none of the funds made 

available by this section may be obligated for construction before 

the Government Accountability Office completes a report on the 

proposed projects. 

COMMISSION FINANCIAL MANAGEMENT

SEC. 118. (a) REQUIREMENT FOR PERFORMANCE REVIEWS.—The 

United States-China Economic and Security Review Commission 

shall comply with chapter 43 of title 5, United States Code, 

regarding the establishment and regular review of employee 

performance appraisals. 

(b) LIMITATION ON CASH AWARDS.—The United States-China 

Economic and Security Review Commission shall comply with section 4505a of title 5, United States Code, with respect to limitations 

on payment of performance-based cash awards. 

TITLE II 

EXPORT AND INVESTMENT ASSISTANCE 

EXPORT-IMPORT BANK OF THE UNITED STATES

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, $1,000,000, to remain available until September 30, 

2009. 

PROGRAM ACCOUNT

The Export-Import Bank of the United States is authorized 

to make such expenditures within the limits of funds and borrowing 

authority available to such corporation, and in accordance 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 may be necessary in carrying 

out the program for the current fiscal year for such corporation: 

Provided, That none of the funds available during the current 

fiscal year may be used to make expenditures, contracts, or commitments for the export of nuclear equipment, fuel, or technology 

to any country, other than a nuclear-weapon state as defined in 

Article IX of the Treaty on the Non-Proliferation of Nuclear 

Weapons eligible to receive economic or military assistance under 

this Act, that has detonated a nuclear explosive after the date 

of the enactment of this Act: Provided further, That notwithstanding 

section 1(c) of Public Law 103–428, as amended, sections 1(a) and 

(b) of Public Law 103–428 shall remain in effect through October 

1, 2008: Provided further, That not less than 10 percent of the 

aggregate loan, guarantee, and insurance authority available to 

12 USC 635 note. 

Contracts. 

Compliance. 

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121 STAT. 2290 PUBLIC LAW 110–161—DEC. 26, 2007 

the Export-Import Bank under this Act should be used for renewable energy and environmentally beneficial products and services. 

SUBSIDY APPROPRIATION

For the cost of direct loans, loan guarantees, insurance, and 

tied-aid grants as authorized by section 10 of the Export-Import 

Bank Act of 1945, as amended, $68,000,000, to remain available 

until September 30, 2011: 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 such sums shall remain available until September 30, 2026, 

for the disbursement of direct loans, loan guarantees, insurance 

and tied-aid grants obligated in fiscal years 2008, 2009, 2010, 

and 2011: Provided further, That none of the funds appropriated 

by this Act or any prior Act appropriating funds for foreign operations, export financing, and related programs for tied-aid credits 

or grants may be used for any other purpose except through the 

regular notification procedures of the Committees on Appropriations: Provided further, That funds appropriated by this paragraph 

are made available notwithstanding section 2(b)(2) of the ExportImport Bank Act of 1945, in connection with the purchase or lease 

of any product by any Eastern European country, any Baltic State 

or any agency or national thereof. 

ADMINISTRATIVE EXPENSES

For administrative expenses to carry out the direct and guaranteed loan and insurance programs, including hire of passenger 

motor vehicles and services as authorized by 5 U.S.C. 3109, and 

not to exceed $30,000 for official reception and representation 

expenses for members of the Board of Directors, $78,000,000: Provided, That the Export-Import Bank may accept, and use, payment 

or services provided by transaction participants for legal, financial, 

or technical services in connection with any transaction for which 

an application for a loan, guarantee or insurance commitment has 

been made: Provided further, That notwithstanding subsection (b) 

of section 117 of the Export Enhancement Act of 1992, subsection 

(a) thereof shall remain in effect until October 1, 2008. 

RECEIPTS COLLECTED

Receipts collected pursuant to the Export-Import Bank Act 

of 1945, as amended, and the Federal Credit Reform Act of 1990, 

as amended, in an amount not to exceed the amount appropriated 

herein, shall be credited as offsetting collections to this account: 

Provided, That the sums herein appropriated from the General 

Fund shall be reduced on a dollar-for-dollar basis by such offsetting 

collections so as to result in a final fiscal year appropriation from 

the General Fund estimated at $0: Provided further, That amounts 

collected in fiscal year 2008 in excess of obligations, up to 

$50,000,000, shall become available October 1, 2008 and shall 

remain available until September 30, 2011. 

Effective date. 

Termination 

date. 

12 USC 635a 

note. 

Termination 

date. 

Notification. 

Termination 

date. 


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PUBLIC LAW 110–161—DEC. 26, 2007 121 STAT. 2291 

OVERSEAS PRIVATE INVESTMENT CORPORATION

NONCREDIT ACCOUNT

The Overseas Private Investment Corporation is authorized 

to make, without regard to fiscal year limitations, as provided 

by 31 U.S.C. 9104, such expenditures and commitments within 

the limits of funds available to it and in accordance with law 

as may be necessary: Provided, That the amount available for 

administrative expenses to carry out the credit and insurance programs (including an amount for official reception and representation 

expenses which shall not exceed $35,000) shall not exceed 

$47,500,000: Provided further, That project-specific transaction 

costs, including direct and indirect costs incurred in claims settlements, and other direct costs associated with services provided 

to specific investors or potential investors pursuant to section 234 

of the Foreign Assistance Act of 1961, shall not be considered 

administrative expenses for the purposes of this heading. 

PROGRAM ACCOUNT

For the cost of direct and guaranteed loans, $23,500,000, as 

authorized by section 234 of the Foreign Assistance Act of 1961, 

to be derived by transfer from the Overseas Private Investment 

Corporation Noncredit Account: 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 such sums shall be available for direct loan obligations and 

loan guaranty commitments incurred or made during fiscal years 

2008, 2009, and 2010: Provided further, That funds so obligated 

in fiscal year 2008 remain available for disbursement through 2016; 

funds obligated in fiscal year 2009 remain available for disbursement through 2017; funds obligated in fiscal year 2010 remain 

available for disbursement through 2018: Provided further, That 

notwithstanding any other provision of law, the Overseas Private 

Investment Corporation is authorized to undertake any program 

authorized by title IV of the Foreign Assistance Act of 1961 in 

Iraq: Provided further, That funds made available pursuant to 

the authority of the previous proviso shall be subject to the regular 

notification procedures of the Committees on Appropriations. 

In addition, such sums as may be necessary for administrative 

expenses to carry out the credit program may be derived from 

amounts available for administrative expenses to carry out the 

credit and insurance programs in the Overseas Private Investment 

Corporation Noncredit Account and merged with said account. 

FUNDS APPROPRIATED TO THE PRESIDENT

TRADE AND DEVELOPMENT AGENCY

For necessary expenses to carry out the provisions of section 

661 of the Foreign Assistance Act of 1961, $50,400,000, to remain 

available until September 30, 2009. 

Notification. 

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121 STAT. 2292 PUBLIC LAW 110–161—DEC. 26, 2007 

TITLE III 

BILATERAL ECONOMIC ASSISTANCE 

FUNDS APPROPRIATED TO THE PRESIDENT

For expenses necessary to enable the President to carry out 

the provisions of the Foreign Assistance Act of 1961, and for other 

purposes, to remain available until September 30, 2008, unless 

otherwise specified herein, as follows: 

GLOBAL HEALTH AND CHILD SURVIVAL

(INCLUDING TRANSFER OF FUNDS) 

For necessary expenses to carry out the provisions of chapters 

1 and 10 of part I of the Foreign Assistance Act of 1961, for 

global health activities, in addition to funds otherwise available 

for such purposes, $1,843,150,000, to remain available until September 30, 2009, and which shall be apportioned directly to the 

United States Agency for International Development: Provided, 

That this amount shall be made available for such activities as: 

(1) child survival and maternal health programs; (2) immunization 

and oral rehydration programs; (3) other health, nutrition, water 

and sanitation programs which directly address the needs of mothers and children, and related education programs; (4) assistance 

for children displaced or orphaned by causes other than AIDS; 

(5) programs for the prevention, treatment, control of, and research 

on HIV/AIDS, tuberculosis, polio, malaria, and other infectious diseases, and for assistance to communities severely affected by HIV/ 

AIDS, including children infected or affected by AIDS; and (6) 

family planning/reproductive health: Provided further, That none 

of the funds appropriated under this paragraph may be made available for nonproject assistance, except that funds may be made 

available for such assistance for ongoing health activities: Provided 

further, That of the funds appropriated under this paragraph, not 

to exceed $350,000, in addition to funds otherwise available for 

such purposes, may be used to monitor and provide oversight of 

child survival, maternal and family planning/reproductive health, 

and infectious disease programs: Provided further, That of the funds 

appropriated under this paragraph the following amounts should 

be allocated as follows: $450,150,000 for child survival and maternal 

health; $15,000,000 for vulnerable children; $350,000,000 for HIV/ 

AIDS; $633,000,000 for other infectious diseases, including 

$153,000,000 for tuberculosis control, of which $15,000,000 shall 

be used for the Global TB Drug Facility; and $395,000,000 for 

family planning/reproductive health, including in areas where population growth threatens biodiversity or endangered species: Provided 

further, That of the funds appropriated under this paragraph, 

$72,500,000 should be made available for a United States contribution to The GAVI Fund, and up to $6,000,000 may be transferred 

to and merged with funds appropriated by this Act under the 

heading ‘‘Operating Expenses of the United States Agency for International Development’’ for costs directly related to global health, 

but funds made available for such costs may not be derived from 

amounts made available for contribution under this and preceding 

provisos: Provided further, That of the funds appropriated under 

this paragraph, $115,000,000 shall be made available to combat 

Avian flu. 

Notification. 

HIV/AIDS. 


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avian influenza, of which $15,000,000 shall be made available, 

notwithstanding any other provision of law except section 551 of 

Public Law 109–102, to enhance the preparedness of militaries 

in Asia and Africa to respond to an avian influenza pandemic, 

subject to the regular notification procedures of the Committees 

on Appropriations: Provided further, That none of the funds made 

available in this Act nor any unobligated balances from prior appropriations may be made available to any organization or program 

which, as determined by the President of the United States, supports or participates in the management of a program of coercive 

abortion or involuntary sterilization: Provided further, That any 

determination made under the previous proviso must be made 

no later than six months after the date of enactment of this Act, 

and must be accompanied by a comprehensive analysis as well 

as the complete evidence and criteria utilized to make the determination: Provided further, That none of the funds made available 

under this Act may be used to pay for the performance of abortion 

as a method of family planning or to motivate or coerce any person 

to practice abortions: Provided further, That nothing in this paragraph shall be construed to alter any existing statutory prohibitions 

against abortion under section 104 of the Foreign Assistance Act 

of 1961: Provided further, That none of the funds made available 

under this Act may be used to lobby for or against abortion: Provided further, That in order to reduce reliance on abortion in developing nations, funds shall be available only to voluntary family 

planning projects which offer, either directly or through referral 

to, or information about access to, a broad range of family planning 

methods and services, and that any such voluntary family planning 

project shall meet the following requirements: (1) service providers 

or referral agents in the project shall not implement or be subject 

to quotas, or other numerical targets, of total number of births, 

number of family planning acceptors, or acceptors of a particular 

method of family planning (this provision shall not be construed 

to include the use of quantitative estimates or indicators for budgeting and planning purposes); (2) the project shall not include 

payment of incentives, bribes, gratuities, or financial reward to: 

(A) an individual in exchange for becoming a family planning 

acceptor; or (B) program personnel for achieving a numerical target 

or quota of total number of births, number of family planning 

acceptors, or acceptors of a particular method of family planning; 

(3) the project shall not deny any right or benefit, including the 

right of access to participate in any program of general welfare 

or the right of access to health care, as a consequence of any 

individual’s decision not to accept family planning services; (4) 

the project shall provide family planning acceptors comprehensible 

information on the health benefits and risks of the method chosen, 

including those conditions that might render the use of the method 

inadvisable and those adverse side effects known to be consequent 

to the use of the method; and (5) the project shall ensure that 

experimental contraceptive drugs and devices and medical procedures are provided only in the context of a scientific study in 

which participants are advised of potential risks and benefits; and, 

not less than 60 days after the date on which the Administrator 

of the United States Agency for International Development determines that there has been a violation of the requirements contained 

in paragraph (1), (2), (3), or (5) of this proviso, or a pattern or 

practice of violations of the requirements contained in paragraph 

Abortion. 

Deadline. 

Reports. 

Lobbying. 

Abortion. 

Deadline. 

Abortion. 

Sterilization. 

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121 STAT. 2294 PUBLIC LAW 110–161—DEC. 26, 2007 

(4) of this proviso, the Administrator shall submit to the Committees 

on Appropriations a report containing a description of such violation 

and the corrective action taken by the Agency: Provided further, 

That in awarding grants for natural family planning under section 

104 of the Foreign Assistance Act of 1961 no applicant shall be 

discriminated against because of such applicant’s religious or conscientious commitment to offer only natural family planning; and, 

additionally, all such applicants shall comply with the requirements 

of the previous proviso: Provided further, That for purposes of 

this or any other Act authorizing or appropriating funds for foreign 

operations, export financing, and related programs, the term ‘‘motivate’’, as it relates to family planning assistance, shall not be 

construed to prohibit the provision, consistent with local law, of 

information or counseling about all pregnancy options: Provided 

further, That to the maximum extent feasible, taking into consideration cost, timely availability, and best health practices, funds 

appropriated in this Act or prior appropriations Acts that are made 

available for condom procurement shall be made available only 

for the procurement of condoms manufactured in the United States: 

Provided further, That information provided about the use of 

condoms as part of projects or activities that are funded from 

amounts appropriated by this Act shall be medically accurate and 

shall include the public health benefits and failure rates of such 

use: Provided further, That of the amount provided by this para- graph, $115,000,000 is designated as described in section 5 (in 

the matter preceding division A of this consolidated Act). 

In addition, for necessary expenses to carry out the provisions 

of the Foreign Assistance Act of 1961 for the prevention, treatment, 

and control of, and research on, HIV/AIDS, $4,700,000,000, to 

remain available until expended, and which shall be apportioned 

directly to the Department of State: Provided, That of the funds 

appropriated under this paragraph, $550,000,000 shall be made 

available, notwithstanding any other provision of law, except for 

the United States Leadership Against HIV/AIDS, Tuberculosis and 

Malaria Act of 2003 (Public Law 108–25) for a United States contribution to the Global Fund to Fight AIDS, Tuberculosis and 

Malaria, and shall be expended at the minimum rate necessary 

to make timely payment for projects and activities: Provided further, 

That up to 5 percent of the aggregate amount of funds made 

available to the Global Fund in fiscal year 2008 may be made 

available to the United States Agency for International Development for technical assistance related to the activities of the Global 

Fund: Provided further, That of the funds appropriated under this paragraph, up to $13,000,000 may be made available, in addition 

to amounts otherwise available for such purposes, for administrative 

expenses of the Office of the Global AIDS Coordinator: Provided 

further, That funds made available under this heading shall be 

made available notwithstanding the second sentence of section 

403(a) of Public Law 108–25. 

DEVELOPMENT ASSISTANCE

For necessary expenses to carry out the provisions of sections 

103, 105, 106, and sections 251 through 255, and chapter 10 of 

part I of the Foreign Assistance Act of 1961, $1,636,881,000, to 

remain available until September 30, 2009: Provided, That of the 

funds appropriated under this heading that are made available 

for assistance programs for displaced and orphaned children and 

Condoms. 

Nondiscrimination. 

Compliance. 

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PUBLIC LAW 110–161—DEC. 26, 2007 121 STAT. 2295 

victims of war, not to exceed $43,000, in addition to funds otherwise 

available for such purposes, may be used to monitor and provide 

oversight of such programs: Provided further, That $400,000,000 

should be allocated for basic education: Provided further, That 

of the funds appropriated by this Act, not less than $245,000,000 

shall be made available for microenterprise and microfinance 

development programs for the poor, especially women: Provided 

further, That of the funds appropriated under this heading, not 

less than $28,000,000 shall be made available for Collaborative 

Research Support Programs: Provided further, That of the funds 

appropriated under this heading, $750,000 shall be made available 

to implement 7 U.S.C. section 1736g–2(a)(2)(C) to improve food 

aid product quality and nutrient delivery: Provided further, That 

of the funds appropriated under this heading, not less than 

$22,500,000 shall be made available for the American Schools and 

Hospitals Abroad program: Provided further, That of the funds 

appropriated under this heading, $12,000,000 should be made available for cooperative development programs within the Office of 

Private and Voluntary Cooperation: Provided further, That funds 

appropriated under this heading should be made available for programs to address sexual and gender-based violence: Provided further, That of the funds appropriated in this Act, not less than 

$300,000,000 shall be made available for safe drinking water and 

sanitation supply projects, including water management related 

to safe drinking water and sanitation, only to implement the Senator Paul Simon Water for the Poor Act of 2005 (Public Law 

109–121), of which not less than $125,000,000 should be made 

available for such projects in Africa: Provided further, That of 

the funds appropriated under this heading, not less than 

$15,000,000 shall be made available for programs to improve 

women’s leadership capacity in recipient countries, and $10,000,000 

may be made available to support a fund that enhances economic 

opportunities for very poor, poor, and low-income women in developing countries. 

INTERNATIONAL DISASTER ASSISTANCE

For necessary expenses to carry out the provisions of section 

491 of the Foreign Assistance Act of 1961 for international disaster 

relief, rehabilitation, and reconstruction assistance, $432,350,000, 

to remain available until expended, of which $20,000,000 should 

be for famine prevention and relief: Provided further, That of the 

amount provided by this paragraph, $110,000,000 is designated 

as described in section 5 (in the matter preceding division A of 

this consolidated Act). 

TRANSITION INITIATIVES

For necessary expenses for international disaster rehabilitation 

and reconstruction assistance pursuant to section 491 of the Foreign 

Assistance Act of 1961, $45,000,000, to remain available until 

expended, to support transition to democracy and to long-term 

development of countries in crisis: Provided, That such support 

may include assistance to develop, strengthen, or preserve democratic institutions and processes, revitalize basic infrastructure, 

and foster the peaceful resolution of conflict: Provided further, That 

the United States Agency for International Development shall 

submit a report to the Committees on Appropriations at least 5 

Reports. 

Deadline. 

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121 STAT. 2296 PUBLIC LAW 110–161—DEC. 26, 2007 

days prior to beginning a new program of assistance: Provided 

further, That if the President determines that it is important to 

the national interests of the United States to provide transition 

assistance in excess of the amount appropriated under this heading, 

up to $15,000,000 of the funds appropriated by this Act to carry 

out the provisions of part I of the Foreign Assistance Act of 1961 

may be used for purposes of this heading and under the authorities 

applicable to funds appropriated under this heading: Provided further, That funds made available pursuant to the previous proviso 

shall be made available subject to prior consultation with the 

Committees on Appropriations. 

DEVELOPMENT CREDIT AUTHORITY

(INCLUDING TRANSFER OF FUNDS) 

For the cost of direct loans and loan guarantees provided by 

the United States Agency for International Development, as authorized by sections 256 and 635 of the Foreign Assistance Act of 

1961, up to $21,000,000 may be derived by transfer from funds 

appropriated by this Act to carry out part I of such Act and under 

the heading ‘‘Assistance for Eastern Europe and the Baltic States’’: 

Provided, That such funds shall be made available only for micro 

and small enterprise programs, urban programs, and other programs which further the purposes of part I of the Act: Provided 

further, That such costs, including the cost of modifying such direct 

and guaranteed loans, shall be as defined in section 502 of the 

Congressional Budget Act of 1974, as amended: Provided further, 

That funds made available by this paragraph may be used for 

the cost of modifying any such guaranteed loans under this Act 

or prior Acts, and funds used for such costs shall be subject to 

the regular notification procedures of the Committees on Appropriations: Provided further, That the provisions of section 107A(d) 

(relating to general provisions applicable to the Development Credit 

Authority) of the Foreign Assistance Act of 1961, as contained 

in section 306 of H.R. 1486 as reported by the House Committee 

on International Relations on May 9, 1997, shall be applicable 

to direct loans and loan guarantees provided under this heading: 

Provided further, That these funds are available to subsidize total 

loan principal, any portion of which is to be guaranteed, of up 

to $700,000,000. 

In addition, for administrative expenses to carry out credit 

programs administered by the United States Agency for International Development, $8,160,000, which may be transferred to 

and merged with the appropriation for Operating Expenses of the 

United States Agency for International Development: Provided, 

That funds made available under this heading shall remain available until September 30, 2010. 

OPERATING EXPENSES OF THE UNITED STATES AGENCY FOR

INTERNATIONAL DEVELOPMENT

(INCLUDING TRANSFER OF FUNDS) 

For necessary expenses to carry out the provisions of section 667 of the Foreign Assistance Act of 1961, $655,800,000, of which 

up to $25,000,000 may remain available until September 30, 2009: 

Provided, That none of the funds appropriated under this heading 

and under the heading ‘‘Capital Investment Fund’’ may be made 

Reports. 

Deadline. 

Applicability. 

Notification. 

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PUBLIC LAW 110–161—DEC. 26, 2007 121 STAT. 2297 

available to finance the construction (including architect and 

engineering services), purchase, or long-term lease of offices for 

use by the United States Agency for International Development, 

unless the Administrator has identified such proposed construction 

(including architect and engineering services), purchase, or longterm lease of offices in a report submitted to the Committees 

on Appropriations at least 15 days prior to the obligation of these 

funds for such purposes: Provided further, That the previous proviso 

shall not apply where the total cost of construction (including 

architect and engineering services), purchase, or long-term lease 

of offices does not exceed $1,000,000: Provided further, That contracts or agreements entered into with funds appropriated under 

this heading may entail commitments for the expenditure of such 

funds through fiscal year 2009: Provided further, That any decision 

to open a new overseas mission or office of the United States 

Agency for International Development or, except where there is 

a substantial security risk to mission personnel, to close or significantly reduce the number of personnel of any such mission or 

office, shall be subject to the regular notification procedures of 

the Committees on Appropriations: Provided further, That the 

authority of sections 610 and 109 of the Foreign Assistance Act 

of 1961 may be exercised by the Secretary of State to transfer 

funds appropriated to carry out chapter 1 of part I of such Act 

to ‘‘Operating Expenses of the United States Agency for International Development’’ in accordance with the provisions of those 

sections: Provided further, That of the amount provided by this 

paragraph, $20,800,000 is designated as described in section 5 

(in the matter preceding division A of this consolidated Act). 

CAPITAL INVESTMENT FUND OF THE UNITED STATES AGENCY FOR

INTERNATIONAL DEVELOPMENT

For necessary expenses for overseas construction and related 

costs, and for the procurement and enhancement of information 

technology and related capital investments, pursuant to section 

667 of the Foreign Assistance Act of 1961, $88,000,000, to remain 

available until expended: Provided, That this amount is in addition 

to funds otherwise available for such purposes: Provided further, 

That funds appropriated under this heading shall be available 

for obligation only pursuant to the regular notification procedures 

of the Committees on Appropriations. 

OPERATING EXPENSES OF THE UNITED STATES AGENCY FOR

INTERNATIONAL DEVELOPMENT OFFICE OF INSPECTOR GENERAL

For necessary expenses to carry out the provisions of section 

667 of the Foreign Assistance Act of 1961, $38,000,000, to remain 

available until September 30, 2009, which sum shall be available 

for the Office of the Inspector General of the United States Agency 

for International Development. 

OTHER BILATERAL ECONOMIC ASSISTANCE

ECONOMIC SUPPORT FUND

(INCLUDING TRANSFER OF FUNDS) 

For necessary expenses to carry out the provisions of chapter 

4 of part II of the Foreign Assistance Act of 1961, $2,994,823,000, 

Notification. 

Notification. 

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121 STAT. 2298 PUBLIC LAW 110–161—DEC. 26, 2007 

to remain available until September 30, 2009: Provided, That of 

the funds appropriated under this heading, not less than 

$415,000,000 shall be available only for Egypt, which sum shall 

be provided on a grant basis, and of which sum cash transfer 

assistance shall be provided with the understanding that Egypt 

will undertake significant economic and democratic reforms which 

are additional to those which were undertaken in previous fiscal 

years: Provided further, That with respect to the provision of assistance for Egypt for democracy, human rights and governance activities, the organizations implementing such assistance and the specific nature of that assistance shall not be subject to the prior 

approval by the Government of Egypt: Provided further, That of 

the funds appropriated under this heading for assistance for Egypt, 

not less than $135,000,000 shall be made available for project 

assistance, of which not less than $20,000,000 shall be made available for democracy, human rights and governance programs and 

not less than $50,000,000 shall be used for education programs, 

of which not less than $10,000,000 should be made available for 

scholarships for Egyptian students with high financial need to 

attend United States accredited institutions of higher education 

in Egypt: Provided further, That $11,000,000 of the funds appropriated under this heading should be made available for Cyprus 

to be used only for scholarships, administrative support of the 

scholarship program, bicommunal projects, and measures aimed 

at reunification of the island and designed to reduce tensions and 

promote peace and cooperation between the two communities on 

Cyprus: Provided further, That of the funds appropriated under 

this heading, not less than $363,547,000 shall be made available 

only for assistance for Jordan: Provided further, That of the funds 

appropriated under this heading that are made available for assistance for Jordan, up to $40,000,000 may be transferred to, and 

merged with, funds appropriated by this Act under the heading 

‘‘Debt Restructuring’’ for the costs, as defined in section 502 of 

the Congressional Budget Act of 1974, of reducing or cancelling 

amounts owed to the United States or any agency of the United 

States by the Hashemite Kingdom of Jordan: Provided further, 

That of the funds appropriated under this heading not more than 

$218,500,000 may be made available for assistance for the West 

Bank and Gaza, of which not to exceed $2,000,000 may be used 

for administrative expenses of the United States Agency for International Development, in addition to funds otherwise available for 

such purposes, to carry out programs in the West Bank and Gaza: 

Provided further, That if the President exercises the waiver 

authority under section 650 of this Act, of the funds made available 

under this heading for assistance to the Palestinian Authority, 

not more than $100,000,000 of the funds made available under 

this heading for cash transfer assistance to the Palestinian 

Authority may be obligated for such assistance until the Secretary 

of State certifies and reports to the Committees on Appropriations 

that the Palestinian Authority has established a single treasury 

account for all Palestinian Authority financing and all financing 

mechanisms flow through this account, has eliminated all parallel 

financing mechanisms outside of the Palestinian Authority treasury 

account, and has established a single comprehensive civil service 

roster and payroll: Provided further, That none of the funds appropriated under this heading for cash transfer assistance to the Palestinian Authority may be obligated for salaries of personnel of the 

Certification. 

Jordan. 

Egypt. 

Grants. 

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PUBLIC LAW 110–161—DEC. 26, 2007 121 STAT. 2299 

Palestinian Authority located in Gaza: Provided further, That none 

of the funds appropriated under this heading for cash transfer 

assistance to the Palestinian Authority may be obligated or 

expended for assistance to Hamas or any entity effectively controlled 

by Hamas or any power-sharing government with Hamas unless 

Hamas has accepted the principles contained in section 

620K(b)(1)(A) and (B) of the Foreign Assistance Act of 1961, as 

amended: Provided further, That the Secretary of State shall ensure 

that Federal or non-Federal audits of all funds appropriated under 

this heading for cash transfer assistance to the Palestinian 

Authority are conducted on at least an annual basis to ensure 

compliance with this Act, and such audit shall include a detailed 

accounting of all programs, projects, and activities carried out using 

such funds, including both obligations and expenditures, and that 

the audit is compliant with generally accepted accounting standards: Provided further, That funds made available under this 

heading for cash transfer assistance to the Palestinian Authority 

shall be subject to the regular notification procedures of the 

Committees on Appropriations: Provided further, That $45,000,000 

of the funds appropriated under this heading shall be made available for assistance for Lebanon, of which not less than $10,000,000 

should be made available for scholarships and direct support of 

American educational institutions in Lebanon: Provided further, 

That not more than $300,000,000 of the funds made available 

for assistance for Afghanistan under this heading may be obligated 

for such assistance until the Secretary of State certifies to the 

Committees on Appropriations that the Government of Afghanistan 

at both the national and provincial level is cooperating fully with 

United States funded poppy eradication and interdiction efforts 

in Afghanistan: Provided further, That the President may waive 

the previous proviso if he determines and reports to the Committees 

on Appropriations that to do so is vital to the national security 

interests of the United States: Provided further, That such report 

shall include an analysis of the steps being taken by the Government of Afghanistan, at the national and provincial level, to 

cooperate fully with United States funded poppy eradication and 

interdiction efforts in Afghanistan: Provided further, That of the 

funds appropriated under this heading, $196,000,000 shall be apportioned directly to the United States Agency for International 

Development (USAID) for alternative development/institution 

building and sustainable development programs in Colombia and 

may be transferred to, and merged with, funds appropriated under 

the heading ‘‘Development Assistance’’ to continue programs 

administered by USAID: Provided further, That with respect to 

funds apportioned to USAID for programs in Colombia under this 

heading, the responsibility for policy decisions for the use of such 

funds, including which activities will be funded and the amount 

of funds that will be provided for each of those activities, shall 

be the responsibility of the Administrator of USAID in consultation 

with the Assistant Secretary of State for International Narcotics 

and Law Enforcement Affairs: Provided further, That of the funds 

appropriated under this heading that are available for assistance 

for the Democratic Republic of Timor-Leste, up to $1,000,000 may 

be available for administrative expenses of the United States 

Agency for International Development in addition to amounts otherwise made available for such purposes: Provided further, That notwithstanding any other provision of law, funds appropriated under 

Reports. 

Afghanistan. 

Certification. 

Lebanon. 

Notification. 

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121 STAT. 2300 PUBLIC LAW 110–161—DEC. 26, 2007 

this heading may be made available for programs and activities 

for the Central Highlands of Vietnam: Provided further, That notwithstanding any other provision of law, of the funds appropriated 

under this heading, up to $53,000,000 may be made available 

for energy-related assistance for North Korea, subject to the regular 

notification procedures of the Committees on Appropriations: Provided further, That funds appropriated under this heading that 

are made available for a Middle East Financing Facility, Middle 

East Enterprise Fund, or any other similar entity in the Middle 

East shall be subject to the regular notification procedures of the 

Committees on Appropriations: Provided further, That of the 

amount provided by this paragraph, $542,568,000 is designated 

as described in section 5 (in the matter preceding division A of 

this consolidated Act). 

INTERNATIONAL FUND FOR IRELAND

For necessary expenses to carry out the provisions of chapter 

4 of part II of the Foreign Assistance Act of 1961, $15,000,000, 

which shall be available for the United States contribution to the 

International Fund for Ireland and shall be made available in 

accordance with the provisions of the Anglo-Irish Agreement Support Act of 1986 (Public Law 99–415): Provided, That such amount 

shall be expended at the minimum rate necessary to make timely 

payment for projects and activities: Provided further, That funds 

made available under this heading shall remain available until 

September 30, 2009. 

ASSISTANCE FOR EASTERN EUROPE AND THE BALTIC STATES

(a) For necessary expenses to carry out the provisions of the 

Foreign Assistance Act of 1961 and the Support for East European 

Democracy (SEED) Act of 1989, $295,950,000, to remain available 

until September 30, 2009, which shall be available, notwithstanding 

any other provision of law, for assistance and for related programs 

for Eastern Europe and the Baltic States. 

(b) Funds appropriated under this heading shall be considered 

to be economic assistance under the Foreign Assistance Act of 

1961 for purposes of making available the administrative authorities contained in that Act for the use of economic assistance. 

(c) The provisions of section 628 of this Act shall apply to 

funds appropriated under this heading: Provided, That notwithstanding any provision of this or any other Act, including provisions 

in this subsection regarding the application of section 628 of this 

Act, local currencies generated by, or converted from, funds appropriated by this Act and by previous appropriations Acts and made 

available for the economic revitalization program in Bosnia may 

be used in Eastern Europe and the Baltic States to carry out 

the provisions of the Foreign Assistance Act of 1961 and the Support 

for East European Democracy SEED Act of 1989. 

(d) The President is authorized to withhold funds appropriated 

under this heading made available for economic revitalization programs in Bosnia and Herzegovina, if he determines and certifies 

to the Committees on Appropriations that the Federation of Bosnia 

and Herzegovina has not complied with article III of annex 1– 

A of the General Framework Agreement for Peace in Bosnia and 

Herzegovina concerning the withdrawal of foreign forces, and that 

intelligence cooperation on training, investigations, and related 

President. 

Certification. 

Applicability. 

Notification. 

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PUBLIC LAW 110–161—DEC. 26, 2007 121 STAT. 2301 

activities between state sponsors of terrorism and terrorist organizations and Bosnian officials has not been terminated. 

ASSISTANCE FOR THE INDEPENDENT STATES OF THE FORMER SOVIET

UNION

For necessary expenses to carry out the provisions of chapters 

11 and 12 of part I of the Foreign Assistance Act of 1961 and 

the FREEDOM Support Act, for assistance for the Independent 

States of the former Soviet Union and for related programs, 

$399,735,000, to remain available until September 30, 2009: Provided, That the provisions of such chapters shall apply to funds 

appropriated by this paragraph: Provided further, That funds made 

available for the Southern Caucasus region may be used, notwithstanding any other provision of law, for confidence-building measures and other activities in furtherance of the peaceful resolution 

of regional conflicts, especially those in the vicinity of Abkhazia 

and Nagorno-Karabagh: Provided further, That notwithstanding any 

other provision of law, funds appropriated under this heading in 

this Act or prior Acts making appropriations for foreign operations, 

export financing, and related programs, that are made available 

pursuant to the provisions of section 807 of Public Law 102–511 

shall be subject to a 6 percent ceiling on administrative expenses. 

INDEPENDENT AGENCIES

INTER-AMERICAN FOUNDATION

For necessary expenses to carry out the functions of the InterAmerican Foundation in accordance with the provisions of section 

401 of the Foreign Assistance Act of 1969, $21,000,000, to remain 

available until September 30, 2009. 

AFRICAN DEVELOPMENT FOUNDATION

For necessary expenses to carry out title V of the International 

Security and Development Cooperation Act of 1980, Public Law 

96–533, $30,000,000, to remain available until September 30, 2009: 

Provided, That funds made available to grantees may be invested 

pending expenditure for project purposes when authorized by the 

Board of Directors of the Foundation: Provided further, That interest 

earned shall be used only for the purposes for which the grant 

was made: Provided further, That notwithstanding section 505(a)(2) 

of the African Development Foundation Act, (1) in exceptional circumstances the Board of Directors of the Foundation may waive 

the $250,000 limitation contained in that section with respect to 

a project and (2) a project may exceed the limitation by up to 

$10,000 if the increase is due solely to foreign currency fluctuation: 

Provided further, That the Foundation shall provide a report to 

the Committees on Appropriations after each time such waiver 

authority is exercised. 

PEACE CORPS

(INCLUDING TRANSFER OF FUNDS) 

For necessary expenses to carry out the provisions of the Peace 

Corps Act (75 Stat. 612), including the purchase of not to exceed 

five passenger motor vehicles for administrative purposes for use 

Reports. 

Applicability. 

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121 STAT. 2302 PUBLIC LAW 110–161—DEC. 26, 2007 

outside of the United States, $333,500,000, to remain available 

until September 30, 2009: Provided, That none of the funds appropriated under this heading shall be used to pay for abortions: 

Provided further, That the Director may transfer to the Foreign 

Currency Fluctuations Account, as authorized by 22 U.S.C. 2515, 

an amount not to exceed $2,000,000: Provided further, That funds 

transferred pursuant to the previous proviso may not be derived 

from amounts made available for Peace Corps overseas operations. 

MILLENNIUM CHALLENGE CORPORATION

For necessary expenses to carry out the provisions of the Millennium Challenge Act of 2003, $1,557,000,000, to remain available 

until expended: Provided, That of the funds appropriated under 

this heading, up to $88,000,000 may be available for administrative 

expenses of the Millennium Challenge Corporation: Provided further, That up to 10 percent of the funds appropriated under this 

heading may be made available to carry out the purposes of section 

616 of the Millennium Challenge Act of 2003 for candidate countries 

for fiscal year 2008: Provided further, That none of the funds 

available to carry out section 616 of such Act may be made available 

until the Chief Executive Officer of the Millennium Challenge Corporation provides a report to the Committees on Appropriations 

listing the candidate countries that will be receiving assistance 

under section 616 of such Act, the level of assistance proposed 

for each such country, a description of the proposed programs, 

projects and activities, and the implementing agency or agencies 

of the United States Government: Provided further, That section 

605(e)(4) of the Millennium Challenge Act of 2003 shall apply 

to funds appropriated under this heading: Provided further, That 

funds appropriated under this heading may be made available 

for a Millennium Challenge Compact entered into pursuant to section 609 of the Millennium Challenge Act of 2003 only if such 

Compact obligates, or contains a commitment to obligate subject 

to the availability of funds and the mutual agreement of the parties 

to the Compact to proceed, the entire amount of the United States 

Government funding anticipated for the duration of the Compact. 

DEPARTMENT OF STATE

DEMOCRACY FUND

(a) For necessary expenses to carry out the provisions of the 

Foreign Assistance Act of 1961 for the promotion of democracy 

globally, $164,000,000, of which the following amounts shall be 

made available, subject to the regular notification procedures of 

the Committees on Appropriations, until September 30, 2010— 

(1) $64,000,000 for the Human Rights and Democracy Fund 

of the Bureau of Democracy, Human Rights and Labor, Department of State, of which $15,000,000 shall be for democracy 

and rule of law programs in the People’s Republic of China, 

Hong Kong, and Taiwan: Provided, That assistance for Taiwan 

should be matched from sources other than the United States 

Government: Provided further, That $5,000,000 shall be made 

available for programs and activities for the promotion of 

democracy in countries located outside the Middle East region 

with a significant Muslim population, and where such programs 

and activities would be important to United States efforts to 

Notification. 

Applicability. 

Reports. 

Abortions. 

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PUBLIC LAW 110–161—DEC. 26, 2007 121 STAT. 2303 

respond to, deter, or prevent acts of international terrorism: 

Provided further, That funds used for such purposes should 

support new initiatives and activities in those countries: Provided further, That $15,000,000 shall be made available for 

an internet freedom initiative to expand access and information 

in closed societies, including in the Middle East and Asia: 

Provided further, That the Department of State shall consult 

with the Committees on Appropriations prior to the initial 

obligation of funds made available pursuant to the previous 

proviso; and (2) $100,000,000 for the National Endowment for Democracy: Provided, That of the funds appropriated by this Act 

under the headings ‘‘Development Assistance’’, ‘‘Economic Support Fund’’, ‘‘Assistance for Eastern Europe and the Baltic 

States’’, and ‘‘Assistance for the Independent States of the 

Former Soviet Union’’, an additional $11,000,000 should be 

made available to support the ongoing programs and activities 

of the National Endowment for Democracy. 

(b) Funds appropriated by this Act that are made available 

for the promotion of democracy may be made available notwithstanding any other provision of law and, with regard to the National 

Endowment for Democracy, any regulation. Funds appropriated 

under this heading are in addition to funds otherwise available 

for such purposes. 

(c) For the purposes of funds appropriated by this Act, the 

term ‘‘promotion of democracy’’ means programs that support good 

governance, human rights, independent media, and the rule of 

law, and otherwise strengthen the capacity of democratic political 

parties, governments, nongovernmental organizations and institutions, and citizens to support the development of democratic states, 

institutions, and practices that are responsive and accountable to 

citizens. 

(d) Any contract, grant or cooperative agreement (or any amendment to any contract, grant, or cooperative agreement) in excess 

of $2,500,000 for the promotion of democracy under this Act shall 

be subject to the regular notification procedures of the Committees 

on Appropriations. 

INTERNATIONAL NARCOTICS CONTROL AND LAW ENFORCEMENT

For necessary expenses to carry out section 481 of the Foreign Assistance Act of 1961, $558,449,000, to remain available until 

September 30, 2010: Provided, That during fiscal year 2008, the 

Department of State may also use the authority of section 608 

of the Foreign Assistance Act of 1961, without regard to its restrictions, to receive excess property from an agency of the United 

States Government for the purpose of providing it to a foreign 

country under chapter 8 of part I of that Act subject to the regular 

notification procedures of the Committees on Appropriations: Provided further, That the Secretary of State shall provide to the 

Committees on Appropriations not later than 45 days after the 

date of the enactment of this Act and prior to the initial obligation 

of funds appropriated under this heading, a report on the proposed 

uses of all funds under this heading on a country-by-country basis 

for each proposed program, project, or activity: Provided further, 

That none of the funds provided under this heading for counter 

narcotics activities in Afghanistan shall be made available for eradication programs through the aerial spraying of herbicides: Provided 

Deadline. 

Reports. 

Notification. 

Contracts. 

Grants. 

Notification. 

Consultation. 

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121 STAT. 2304 PUBLIC LAW 110–161—DEC. 26, 2007 

further, That of the funds appropriated under this heading, not less than $39,750,000 shall be made available for judicial, human 

rights, rule of law and related activities for Colombia, of which 

not less than $20,000,000 shall be made available for the Office 

of the Attorney General, of which $5,000,000 shall be for the Human 

Rights Unit, $5,000,000 shall be for the Justice and Peace Unit, 

$7,000,000 shall be used to support a witness protection program 

for victims of armed groups, and $3,000,000 shall be for investigations of mass graves and identification of remains: Provided further, 

That of the funds appropriated under this heading that are available 

for assistance for Colombia, $8,000,000 shall be available for human 

rights activities, $5,500,000 shall be available for judicial reform, 

$3,000,000 shall be for the Office of the Procuraduria General 

de la Nacion, $2,000,000 shall be for the Office of the Defensoria 

del Pueblo, and $750,000 should be made available for a United 

States contribution to the Office of the United Nations High 

Commissioner for Human Rights in Colombia to support monitoring 

and public reporting of human rights conditions in the field: Provided further, That of the funds appropriated under this heading, not more than $38,000,000 may be available for administrative 

expenses. 

ANDEAN COUNTERDRUG PROGRAMS

(INCLUDING TRANSFER OF FUNDS) 

For necessary expenses to carry out section 481 of the Foreign 

Assistance Act of 1961 to support counterdrug activities in the 

Andean region of South America, $327,460,000, to remain available 

until September 30, 2010: Provided, That the Secretary of State, 

in consultation with the Administrator of the United States Agency 

for International Development, shall provide to the Committees 

on Appropriations not later than 45 days after the date of the 

enactment of this Act and prior to the initial obligation of funds 

appropriated under this heading, a report on the proposed uses 

of all funds under this heading on a country-by-country basis for 

each proposed program, project, or activity: Provided further, That 

section 482(b) of the Foreign Assistance Act of 1961 shall not 

apply to funds appropriated under this heading: Provided further, 

That assistance provided with funds appropriated under this 

heading that is made available notwithstanding section 482(b) of 

the Foreign Assistance Act of 1961 shall be made available subject 

to the regular notification procedures of the Committees on Appropriations: Provided further, That funds made available to the 

Department of State for assistance to the Government of Colombia 

in this Act may be used to support a unified campaign against 

narcotics trafficking and organizations designated as Foreign Terrorist Organizations, and to take actions to protect human health 

and welfare in emergency circumstances, including undertaking 

rescue operations: Provided further, That this authority shall cease 

to be effective if the Secretary of State has credible evidence that 

the Colombian Armed Forces are not conducting vigorous operations 

to restore government authority and respect for human rights in 

areas under the effective control of paramilitary organizations, 

illegal self-defense groups, illegal security cooperatives, or other 

criminal, guerrilla or successor armed groups or organizations: Provided further, That the President shall ensure that if any helicopter 

procured with funds in this Act or prior Acts making appropriations 

President. 

Helicopter. 

Columbia. 

Notification. 

Deadline. 

Reports. 

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PUBLIC LAW 110–161—DEC. 26, 2007 121 STAT. 2305 

for foreign operations, export financing, and related programs, is 

used to aid or abet the operations of any illegal self-defense group, 

paramilitary organization, illegal security cooperative or successor 

organizations in Colombia, such helicopter shall be immediately 

returned to the United States: Provided further, That no United 

States Armed Forces personnel or United States civilian contractor 

employed by the United States will participate in any combat operation in connection with assistance made available by this Act 

for Colombia: Provided further, That rotary and fixed wing aircraft 

supported with funds appropriated under this heading for assistance 

for Colombia may be used for aerial or manual drug eradication 

and interdiction including to transport personnel and supplies and 

to provide security for such operations, and to provide transport 

in support of alternative development programs and investigations 

of cases under the jurisdiction of the Attorney General, the 

Procuraduria General de la Nacion, and the Defensoria del Pueblo: 

Provided further, That of the funds appropriated under this heading 

that are available for Colombia, up to $2,500,000 shall be transferred to, and merged with, funds appropriated under the heading 

‘‘Foreign Military Financing Program’’ and shall be made available 

only for assistance for the Colombian Armed Forces to provide 

security for manual eradication programs and up to $2,500,000 

shall be transferred to, and merged with, funds appropriated under 

the heading ‘‘International Narcotics Control and Law Enforcement’’ 

and shall be made available only for assistance for the Colombian 

National Police to provide security for manual eradication programs: 

Provided further, That of the funds available for the Colombian 

national police for the procurement of chemicals for aerial coca 

and poppy eradication programs, not more than 20 percent of such 

funds may be made available for such eradication programs unless 

the Secretary of State certifies to the Committees on Appropriations 

that: (1) the herbicide is being used in accordance with EPA label 

requirements for comparable use in the United States and with 

Colombian laws; and (2) the herbicide, in the manner it is being 

used, does not pose unreasonable risks or adverse effects to humans 

or the environment including endemic species: Provided further, 

That such funds may not be made available unless the Secretary 

of State certifies to the Committees on Appropriations that complaints of harm to health or licit crops caused by such aerial 

eradication are thoroughly evaluated and fair compensation is being 

paid in a timely manner for meritorious claims: Provided further, 

That the Secretary shall submit a report to the Committees on 

Appropriations detailing all claims, evaluations, and compensation 

paid during the twelve month period prior to the date of enactment 

of this Act: Provided further, That such funds may not be made 

available for such purposes unless programs are being implemented 

by United States Agency for International Development, the 

Government of Colombia, or other organizations, in consultation 

and coordination with local communities, to provide alternative 

sources of income in areas where security permits for small-acreage 

growers and communities whose illicit crops are targeted for aerial 

eradication: Provided further, That none of the funds appropriated 

by this Act shall be made available for the cultivation or processing 

of African oil palm, if doing so would contribute to significant 

loss of native species, disrupt or contaminate natural water sources, 

reduce local food security, or cause the forced displacement of 

local people: Provided further, That funds appropriated by this Certification. 

Reports. 

Certification. 

Certification. 

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121 STAT. 2306 PUBLIC LAW 110–161—DEC. 26, 2007 

Act may be used for aerial eradication in Colombia’s national parks 

or reserves only if the Secretary of State certifies to the Committees 

on Appropriations on a case-by-case basis that there are no effective 

alternatives and the eradication is conducted in accordance with 

Colombian laws: Provided further, That funds appropriated under 

this heading that are made available for assistance for the Bolivian 

military and police may be made available for such purposes only 

if the Secretary of State certifies to the Committees on Appropriations that the Bolivian military and police are respecting human 

rights and cooperating fully with investigations and prosecutions 

by civilian judicial authorities of military and police personnel who 

have been implicated in gross violations of human rights: Provided 

further, That of the funds appropriated under this heading, not 

more than $17,000,000 may be available for administrative expenses 

of the Department of State, and not more than $7,800,000 may 

be available, in addition to amounts otherwise available for such 

purposes, for administrative expenses of the United States Agency 

for International Development. 

MIGRATION AND REFUGEE ASSISTANCE

For expenses, not otherwise provided for, necessary to enable 

the Secretary of State to provide, as authorized by law, a contribution to the International Committee of the Red Cross, assistance 

to refugees, including contributions to the International Organization for Migration and the United Nations High Commissioner 

for Refugees, and other activities to meet refugee and migration 

needs; salaries and expenses of personnel and dependents as authorized by the Foreign Service Act of 1980; allowances as authorized 

by sections 5921 through 5925 of title 5, United States Code; 

purchase and hire of passenger motor vehicles; and services as 

authorized by section 3109 of title 5, United States Code, 

$1,029,900,000, to remain available until expended: Provided, That 

not more than $23,000,000 may be available for administrative 

expenses: Provided further, That not less than $40,000,000 of the 

funds made available under this heading shall be made available 

for refugees resettling in Israel: Provided further, That funds made 

available under this heading shall be made available for assistance 

for refugees from North Korea: Provided further, That of the amount 

provided by this paragraph, $200,000,000 is designated as described 

in section 5 (in the matter preceding division A of this consolidated 

Act). 

UNITED STATES EMERGENCY REFUGEE AND MIGRATION ASSISTANCE

FUND

For necessary expenses to carry out the provisions of section 

2(c) of the Migration and Refugee Assistance Act of 1962, as 

amended (22 U.S.C. 2601(c)), $45,000,000, to remain available until 

expended. 

NONPROLIFERATION, ANTI-TERRORISM, DEMINING AND RELATED

PROGRAMS

For necessary expenses for nonproliferation, anti-terrorism, 

demining and related programs and activities, $487,000,000, to 

carry out the provisions of chapter 8 of part II of the Foreign 

Assistance Act of 1961 for anti-terrorism assistance, chapter 9 of 

Certification. 

Human rights. 

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PUBLIC LAW 110–161—DEC. 26, 2007 121 STAT. 2307 

part II of the Foreign Assistance Act of 1961, section 504 of the 

FREEDOM Support Act, section 23 of the Arms Export Control 

Act or the Foreign Assistance Act of 1961 for demining activities, 

the clearance of unexploded ordnance, the destruction of small 

arms, and related activities, notwithstanding any other provision 

of law, including activities implemented through nongovernmental 

and international organizations, and section 301 of the Foreign 

Assistance Act of 1961 for a voluntary contribution to the International Atomic Energy Agency (IAEA), and for a United States 

contribution to the Comprehensive Nuclear Test Ban Treaty Preparatory Commission: Provided, That of this amount not to exceed 

$34,000,000, to remain available until expended, may be made 

available for the Nonproliferation and Disarmament Fund, notwithstanding any other provision of law, to promote bilateral and multilateral activities relating to nonproliferation and disarmament: Provided further, That such funds may also be used for such countries 

other than the Independent States of the former Soviet Union 

and international organizations when it is in the national security 

interest of the United States to do so: Provided further, That of 

the funds appropriated under this heading, not less than 

$26,000,000 shall be made available for the Biosecurity Engagement 

Program: Provided further, That funds appropriated under this 

heading may be made available for the International Atomic Energy 

Agency only if the Secretary of State determines (and so reports 

to the Congress) that Israel is not being denied its right to participate in the activities of that Agency: Provided further, That of 

the funds made available for demining and related activities, not 

to exceed $700,000, in addition to funds otherwise available for 

such purposes, may be used for administrative expenses related 

to the operation and management of the demining program: Provided further, That funds appropriated under this heading that 

are available for ‘‘Anti-terrorism Assistance’’ and ‘‘Export Control 

and Border Security’’ shall remain available until September 30, 

2009. 

DEPARTMENT OF THE TREASURY

INTERNATIONAL AFFAIRS TECHNICAL ASSISTANCE

For necessary expenses to carry out the provisions of section 

129 of the Foreign Assistance Act of 1961, $20,400,000, to remain 

available until September 30, 2010, which shall be available notwithstanding any other provision of law. 

DEBT RESTRUCTURING

For the cost, as defined in section 502 of the Congressional 

Budget Act of 1974, of modifying loans and loan guarantees, as 

the President may determine, for which funds have been appropriated or otherwise made available for programs within the International Affairs Budget Function 150, including the cost of selling, 

reducing, or canceling amounts owed to the United States as a 

result of concessional loans made to eligible countries, pursuant 

to parts IV and V of the Foreign Assistance Act of 1961, of modifying 

concessional credit agreements with least developed countries, as 

authorized under section 411 of the Agricultural Trade Development 

and Assistance Act of 1954, as amended, of concessional loans, 

guarantees and credit agreements, as authorized under section 

Reports. 

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121 STAT. 2308 PUBLIC LAW 110–161—DEC. 26, 2007 

572 of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1989 (Public Law 100–461), and of canceling amounts owed, as a result of loans or guarantees made 

pursuant to the Export-Import Bank Act of 1945, by countries 

that are eligible for debt reduction pursuant to title V of H.R. 

3425 as enacted into law by section 1000(a)(5) of Public Law 106– 

113, $30,300,000, to remain available until September 30, 2010: 

Provided, That not less than $20,000,000 of the funds appropriated 

under this heading shall be made available to carry out the provisions of part V of the Foreign Assistance Act of 1961: Provided 

further, That amounts paid to the HIPC Trust Fund may be used 

only to fund debt reduction under the enhanced HIPC initiative 

by— 

(1) the Inter-American Development Bank; 

(2) the African Development Fund; 

(3) the African Development Bank; and 

(4) the Central American Bank for Economic Integration: 

Provided further, That funds may not be paid to the HIPC Trust 

Fund for the benefit of any country if the Secretary of State has 

credible evidence that the government of such country is engaged 

in a consistent pattern of gross violations of internationally recognized human rights or in military or civil conflict that undermines 

its ability to develop and implement measures to alleviate poverty 

and to devote adequate human and financial resources to that 

end: Provided further, That on the basis of final appropriations, 

the Secretary of the Treasury shall consult with the Committees 

on Appropriations concerning which countries and international 

financial institutions are expected to benefit from a United States 

contribution to the HIPC Trust Fund during the fiscal year: Provided further, That the Secretary of the Treasury shall inform 

the Committees on Appropriations not less than 15 days in advance 

of the signature of an agreement by the United States to make 

payments to the HIPC Trust Fund of amounts for such countries 

and institutions: Provided further, That the Secretary of the 

Treasury may disburse funds designated for debt reduction through 

the HIPC Trust Fund only for the benefit of countries that— 

(1) have committed, for a period of 24 months, not to 

accept new market-rate loans from the international financial 

institution receiving debt repayment as a result of such 

disbursement, other than loans made by such institutions to 

export-oriented commercial projects that generate foreign 

exchange which are generally referred to as ‘‘enclave’’ loans; 

and 

(2) have documented and demonstrated their commitment 

to redirect their budgetary resources from international debt 

repayments to programs to alleviate poverty and promote economic growth that are additional to or expand upon those 

previously available for such purposes: 

Provided further, That any limitation of subsection (e) of section 

411 of the Agricultural Trade Development and Assistance Act 

of 1954 shall not apply to funds appropriated under this heading: 

Provided further, That none of the funds made available under 

this heading in this or any other appropriations Act shall be made 

available for Sudan or Burma unless the Secretary of the Treasury 

determines and notifies the Committees on Appropriations that 

a democratically elected government has taken office. 

Notification. 

Human rights. 

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PUBLIC LAW 110–161—DEC. 26, 2007 121 STAT. 2309 

TITLE IV 

MILITARY ASSISTANCE 

FUNDS APPROPRIATED TO THE PRESIDENT

INTERNATIONAL MILITARY EDUCATION AND TRAINING

For necessary expenses to carry out the provisions of section 541 of the Foreign Assistance Act of 1961, $85,877,000, of which 

up to $3,000,000 may remain available until expended: Provided, 

That funds appropriated under this heading shall not be available 

for Equatorial Guinea: Provided further, That the civilian personnel 

for whom military education and training may be provided under 

this heading may include civilians who are not members of a 

government whose participation would contribute to improved civilmilitary relations, civilian control of the military, or respect for 

human rights: Provided further, That funds appropriated under 

this heading that are made available for assistance for Angola, 

Cameroon, Central African Republic, Chad, Cote d’Ivoire, Guinea, 

Libya, and Nepal may be made available only for expanded international military education and training: Provided further, That 

funds made available under this heading in the second proviso 

and for assistance for Haiti, Guatemala, the Democratic Republic 

of the Congo, Sri Lanka, Ethiopia, Bangladesh, Libya, Angola, 

and Nigeria may only be provided through the regular notification 

procedures of the Committees on Appropriations and any such 

notification shall include a detailed description of proposed activities. 

FOREIGN MILITARY FINANCING PROGRAM

(INCLUDING TRANSFER OF FUNDS) 

For expenses necessary for grants to enable the President to 

carry out the provisions of section 23 of the Arms Export Control 

Act, $4,588,325,000: Provided, That of the funds appropriated under 

this heading, not less than $2,400,000,000 shall be available for 

grants only for Israel, and not less than $1,300,000,000 shall be 

made available for grants only for Egypt: Provided further, That 

the funds appropriated by this paragraph for Israel shall be disbursed within 30 days of the enactment of this Act: Provided further, 

That to the extent that the Government of Israel requests that 

funds be used for such purposes, grants made available for Israel 

by this paragraph shall, as agreed by Israel and the United States, 

be available for advanced weapons systems, of which not less than 

$631,200,000 shall be available for the procurement in Israel of 

defense articles and defense services, including research and 

development: Provided further, That of the funds appropriated by 

this paragraph, $300,000,000 shall be made available for assistance 

for Jordan: Provided further, That of the funds appropriated under 

this heading, not more than $53,000,000 shall be available for 

Colombia, of which $5,000,000 should be made available for medical 

and rehabilitation assistance, removal of landmines, and to enhance 

communications capabilities: Provided further, That of the funds 

appropriated under this heading, $3,655,000 may be made available 

for assistance for Morocco, and an additional $1,000,000 may be 

made available if the Secretary of State certifies to the Committees 

Certification. 

Morocco. 

Human rights. 

Israel. 

Deadline. 

Notification. 

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121 STAT. 2310 PUBLIC LAW 110–161—DEC. 26, 2007 

on Appropriations that the Government of Morocco is continuing 

to make progress on human rights, and is allowing all persons 

to advocate freely their views regarding the status and future 

of the Western Sahara through the exercise of their rights to 

peaceful expression, association and assembly and to document 

violations of human rights in that territory without harassment: 

Provided further, That funds appropriated or otherwise made available by this paragraph shall be nonrepayable notwithstanding any 

requirement in section 23 of the Arms Export Control Act: Provided 

further, That funds made available under this paragraph shall 

be obligated upon apportionment in accordance with paragraph 

(5)(C) of title 31, United States Code, section 1501(a): Provided 

further, That $4,000,000 of the funds appropriated under this 

heading shall be transferred to and merged with funds appropriated 

under the heading ‘‘Diplomatic and Consular Programs’’ to be made 

available to the Bureau of Democracy, Human Rights and Labor, 

Department of State, to ensure adequate monitoring of the uses 

of assistance made available under this heading in countries where 

such monitoring is most needed, in addition to amounts otherwise 

available for such purposes. 

None of the funds made available under this heading shall 

be available to finance the procurement of defense articles, defense 

services, or design and construction services that are not sold by 

the United States Government under the Arms Export Control 

Act unless the foreign country proposing to make such procurements 

has first signed an agreement with the United States Government 

specifying the conditions under which such procurements may be 

financed with such funds: Provided, That all country and funding 

level increases in allocations shall be submitted through the regular 

notification procedures of section 615 of this Act: Provided further, 

That none of the funds appropriated under this heading shall be 

available for assistance for Sudan: Provided further, That none 

of the funds appropriated under this heading may be made available 

for assistance for Haiti, Guatemala, Nepal, Sri Lanka, Pakistan, 

Bangladesh, Philippines, Indonesia, Bosnia and Herzegovina, Ethiopia, and Democratic Republic of the Congo except pursuant to 

the regular notification procedures of the Committees on Appropriations: Provided further, That funds made available under this 

heading may be used, notwithstanding any other provision of law, 

for demining, the clearance of unexploded ordnance, and related 

activities, and may include activities implemented through nongovernmental and international organizations: Provided further, 

That only those countries for which assistance was justified for 

the ‘‘Foreign Military Sales Financing Program’’ in the fiscal year 

1989 congressional presentation for security assistance programs 

may utilize funds made available under this heading for procurement of defense articles, defense services or design and construction 

services that are not sold by the United States Government under 

the Arms Export Control Act: Provided further, That funds appropriated under this heading shall be expended at the minimum 

rate necessary to make timely payment for defense articles and 

services: Provided further, That not more than $41,900,000 of the 

funds appropriated under this heading may be obligated for necessary expenses, including the purchase of passenger motor vehicles 

for replacement only for use outside of the United States, for the 

general costs of administering military assistance and sales: Provided further, That not more than $395,000,000 of funds realized 

Notification. 

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PUBLIC LAW 110–161—DEC. 26, 2007 121 STAT. 2311 

pursuant to section 21(e)(1)(A) of the Arms Export Control Act 

may be obligated for expenses incurred by the Department of 

Defense during fiscal year 2008 pursuant to section 43(b) of the 

Arms Export Control Act, except that this limitation may be 

exceeded only through the regular notification procedures of the 

Committees on Appropriations: Provided further, That foreign military financing program funds estimated to be outlayed for Egypt 

during fiscal year 2008 shall be transferred to an interest bearing 

account for Egypt in the Federal Reserve Bank of New York within 

30 days of enactment of this Act: Provided further, That of the 

amount provided by this paragraph, $100,000,000 is designated 

as described in section 5 (in the matter preceding division A of 

this consolidated Act). 

PEACEKEEPING OPERATIONS

For necessary expenses to carry out the provisions of section 

551 of the Foreign Assistance Act of 1961, $263,230,000: Provided, 

That of the funds made available under this heading, not less 

than $25,000,000 shall be made available for a United States contribution to the Multinational Force and Observers mission in the 

Sinai: Provided further, That none of the funds appropriated under 

this heading shall be obligated or expended except as provided 

through the regular notification procedures of the Committees on 

Appropriations: Provided further, That of the amount provided by 

this paragraph, $35,000,000 is designated as described in section 

5 (in the matter preceding division A of this consolidated Act). 

TITLE V 

MULTILATERAL ECONOMIC ASSISTANCE 

FUNDS APPROPRIATED TO THE PRESIDENT

INTERNATIONAL FINANCIAL INSTITUTIONS

GLOBAL ENVIRONMENT FACILITY

For the United States contribution for the Global Environment 

Facility, $81,763,000 to the International Bank for Reconstruction 

and Development as trustee for the Global Environment Facility, 

by the Secretary of the Treasury, to remain available until 

expended. 

CONTRIBUTION TO THE INTERNATIONAL DEVELOPMENT ASSOCIATION

For payment to the International Development Association by 

the Secretary of the Treasury, $950,000,000, to remain available 

until expended. 

CONTRIBUTION TO THE ENTERPRISE FOR THE AMERICAS

MULTILATERAL INVESTMENT FUND

For payment to the Enterprise for the Americas Multilateral 

Investment Fund by the Secretary of the Treasury, for the United 

States contribution to the fund, $25,000,000, to remain available 

until expended. 

Egypt. 

Deadline. 

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121 STAT. 2312 PUBLIC LAW 110–161—DEC. 26, 2007 

CONTRIBUTION TO THE ASIAN DEVELOPMENT FUND

For the United States contribution by the Secretary of the 

Treasury to the increase in resources of the Asian Development 

Fund, as authorized by the Asian Development Bank Act, as 

amended, $75,153,000, to remain available until expended. 

CONTRIBUTION TO THE AFRICAN DEVELOPMENT BANK

For payment to the African Development Bank by the Secretary 

of the Treasury, $2,037,000, for the United States paid-in share 

of the increase in capital stock, to remain available until expended. 

LIMITATION ON CALLABLE CAPITAL SUBSCRIPTIONS

The United States Governor of the African Development Bank 

may subscribe without fiscal year limitation for the callable capital 

portion of the United States share of such capital stock in an 

amount not to exceed $31,918,770. 

CONTRIBUTION TO THE AFRICAN DEVELOPMENT FUND

For the United States contribution by the Secretary of the 

Treasury to the increase in resources of the African Development 

Fund, $135,684,000, to remain available until expended. 

CONTRIBUTION TO THE EUROPEAN BANK FOR RECONSTRUCTION AND

DEVELOPMENT

For payment to the European Bank for Reconstruction and 

Development by the Secretary of the Treasury, $10,159 for the 

United States share of the paid-in portion of the increase in capital 

stock, to remain available until expended. 

CONTRIBUTION TO THE INTERNATIONAL FUND FOR AGRICULTURAL

DEVELOPMENT

For the United States contribution by the Secretary of the 

Treasury to increase the resources of the International Fund for 

Agricultural Development, $18,072,000, to remain available until 

expended. 

INTERNATIONAL ORGANIZATIONS AND PROGRAMS

For necessary expenses to carry out the provisions of section 

301 of the Foreign Assistance Act of 1961, and of section 2 of 

the United Nations Environment Program Participation Act of 1973, 

$319,485,000. 

TITLE VI 

GENERAL PROVISIONS 

COMPENSATION FOR UNITED STATES EXECUTIVE DIRECTORS TO

INTERNATIONAL FINANCIAL INSTITUTIONS

SEC. 601. (a) No funds appropriated in titles II through V 

of this Act may be made as payment to any international financial 

institution while the United States Executive Director to such 

institution is compensated by the institution at a rate which, 

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PUBLIC LAW 110–161—DEC. 26, 2007 121 STAT. 2313 

together with whatever compensation such Director receives from 

the United States, is in excess of the rate provided for an individual 

occupying a position at level IV of the Executive Schedule under 

section 5315 of title 5, United States Code, or while any alternate 

United States Director to such institution is compensated by the 

institution at a rate in excess of the rate provided for an individual 

occupying a position at level V of the Executive Schedule under 

section 5316 of title 5, United States Code. 

(b) For purposes of this section ‘‘international financial institutions’’ are: the International Bank for Reconstruction and Development, the Inter-American Development Bank, the Asian Development Bank, the Asian Development Fund, the African Development 

Bank, the African Development Fund, the International Monetary 

Fund, the North American Development Bank, and the European 

Bank for Reconstruction and Development. 

RESTRICTION ON CONTRIBUTIONS TO THE UNITED NATIONS

SEC. 602. None of the funds appropriated or otherwise made 

available under any title of this Act may be made available to 

make any assessed contribution or voluntary payment of the United 

States to the United Nations if the United Nations implements 

or imposes any taxation on any United States persons. 

LIMITATION ON RESIDENCE EXPENSES

SEC. 603. Of the funds appropriated or made available pursuant 

to title III of this Act, not to exceed $100,500 shall be for official 

residence expenses of the United States Agency for International 

Development during the current fiscal year: Provided, That appropriate steps shall be taken to assure that, to the maximum extent 

possible, United States-owned foreign currencies are utilized in 

lieu of dollars. 

UNOBLIGATED BALANCES REPORT

SEC. 604. Any Department or Agency to which funds are appropriated or otherwise made available by this Act shall provide to 

the Committees on Appropriations a quarterly accounting of cumulative balances by program, project, and activity of the funds 

received by such Department or Agency in this fiscal year or any 

previous fiscal year that remain unobligated and unexpended. 

LIMITATION ON REPRESENTATIONAL ALLOWANCES

SEC. 605. Of the funds appropriated or made available pursuant 

to titles II through V of this Act, not to exceed $250,000 shall 

be available for representation and entertainment allowances, of 

which not to exceed $4,000 shall be available for entertainment 

allowances, for the United States Agency for International Development during the current fiscal year: Provided, That no such entertainment funds may be used for the purposes listed in section 

648 of this Act: Provided further, That appropriate steps shall 

be taken to assure that, to the maximum extent possible, United 

States-owned foreign currencies are utilized in lieu of dollars: Provided further, That of the funds made available by this Act for 

general costs of administering military assistance and sales under 

the heading ‘‘Foreign Military Financing Program’’, not to exceed 

$4,000 shall be available for entertainment expenses and not to 

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121 STAT. 2314 PUBLIC LAW 110–161—DEC. 26, 2007 

exceed $130,000 shall be available for representation allowances: 

Provided further, That of the funds made available by this Act 

under the heading ‘‘International Military Education and Training’’, 

not to exceed $55,000 shall be available for entertainment allowances: Provided further, That of the funds made available by this Act for the Inter-American Foundation, not to exceed $3,000 shall 

be available for entertainment and representation allowances: Provided further, That of the funds made available by this Act for the Peace Corps, not to exceed a total of $4,000 shall be available 

for entertainment expenses: Provided further, That of the funds 

made available by this Act under the heading ‘‘Trade and Development Agency’’, not to exceed $4,000 shall be available for representation and entertainment allowances: Provided further, That of the 

funds made available by this Act under the heading ‘‘Millennium 

Challenge Corporation’’, not to exceed $115,000 shall be available 

for representation and entertainment allowances. 

PROHIBITION ON TAXATION OF UNITED STATES ASSISTANCE

SEC. 606. (a) PROHIBITION ON TAXATION.—None of the funds 

appropriated under titles II through V of this Act may be made 

available to provide assistance for a foreign country under a new 

bilateral agreement governing the terms and conditions under which 

such assistance is to be provided unless such agreement includes 

a provision stating that assistance provided by the United States 

shall be exempt from taxation, or reimbursed, by the foreign government, and the Secretary of State shall expeditiously seek to negotiate amendments to existing bilateral agreements, as necessary, 

to conform with this requirement. 

(b) REIMBURSEMENT OF FOREIGN TAXES.—An amount equivalent to 200 percent of the total taxes assessed during fiscal year 

2008 on funds appropriated by this Act by a foreign government 

or entity against commodities financed under United States assistance programs for which funds are appropriated by this Act, either 

directly or through grantees, contractors and subcontractors shall 

be withheld from obligation from funds appropriated for assistance 

for fiscal year 2009 and allocated for the central government of 

such country and for the West Bank and Gaza Program to the 

extent that the Secretary of State certifies and reports in writing 

to the Committees on Appropriations that such taxes have not 

been reimbursed to the Government of the United States. 

(c) DE MINIMIS EXCEPTION.—Foreign taxes of a de minimis 

nature shall not be subject to the provisions of subsection (b). 

(d) REPROGRAMMING OF FUNDS.—Funds withheld from obligation for each country or entity pursuant to subsection (b) shall 

be reprogrammed for assistance to countries which do not assess 

taxes on United States assistance or which have an effective 

arrangement that is providing substantial reimbursement of such 

taxes. 

(e) DETERMINATIONS.— (1) The provisions of this section shall not apply to any 

country or entity the Secretary of State determines— 

(A) does not assess taxes on United States assistance 

or which has an effective arrangement that is providing 

substantial reimbursement of such taxes; or 

(B) the foreign policy interests of the United States 

outweigh the policy of this section to ensure that United 

States assistance is not subject to taxation. 

Certification. 

Reports. 

Negotiations. 

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PUBLIC LAW 110–161—DEC. 26, 2007 121 STAT. 2315 

(2) The Secretary of State shall consult with the Committees on Appropriations at least 15 days prior to exercising 

the authority of this subsection with regard to any country 

or entity. 

(f) IMPLEMENTATION.—The Secretary of State shall issue rules, 

regulations, or policy guidance, as appropriate, to implement the 

prohibition against the taxation of assistance contained in this 

section. 

(g) DEFINITIONS.—As used in this section— 

(1) the terms ‘‘taxes’’ and ‘‘taxation’’ refer to value added 

taxes and customs duties imposed on commodities financed 

with United States assistance for programs for which funds 

are appropriated by this Act; and 

(2) the term ‘‘bilateral agreement’’ refers to a framework 

bilateral agreement between the Government of the United 

States and the government of the country receiving assistance 

that describes the privileges and immunities applicable to 

United States foreign assistance for such country generally, 

or an individual agreement between the Government of the 

United States and such government that describes, among other 

things, the treatment for tax purposes that will be accorded 

the United States assistance provided under that agreement. 

PROHIBITION AGAINST DIRECT FUNDING FOR CERTAIN COUNTRIES

SEC. 607. None of the funds appropriated or otherwise made 

available pursuant to this Act shall be obligated or expended to 

finance directly any assistance or reparations to Cuba, North Korea, 

Iran, or Syria: Provided, That for purposes of this section, the 

prohibition on obligations or expenditures shall include direct loans, 

credits, insurance and guarantees of the Export-Import Bank or 

its agents. 

MILITARY COUPS

SEC. 608. None of the funds appropriated or otherwise made 

available pursuant to titles II through V of this Act shall be obligated or expended to finance directly any assistance to the government of any country whose duly elected head of government is 

deposed by military coup or decree: Provided, That assistance may 

be resumed to such government if the President determines and 

certifies to the Committees on Appropriations that subsequent to 

the termination of assistance a democratically elected government 

has taken office: Provided further, That the provisions of this section 

shall not apply to assistance to promote democratic elections or 

public participation in democratic processes: Provided further, That 

funds made available pursuant to the previous provisos shall be 

subject to the regular notification procedures of the Committees 

on Appropriations. 

TRANSFER AUTHORITY

SEC. 609. (a) DEPARTMENT OF STATE AND BROADCASTING BOARD

OF GOVERNORS.—Not to exceed 5 percent of any appropriation made 

available for the current fiscal year for the Department of State 

under title I of this Act may be transferred between such appropriations, but no such appropriation, except as otherwise specifically 

provided, shall be increased by more than 10 percent by any such 

President. 

Certification. 

Regulations. 

Consultation. 

Deadline. 

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121 STAT. 2316 PUBLIC LAW 110–161—DEC. 26, 2007 

transfers: Provided, That not to exceed 5 percent of any appropriation made available for the current fiscal year for the Broadcasting 

Board of Governors under title I of this Act may be transferred 

between such appropriations, but no such appropriation, except 

as otherwise specifically provided, shall be increased by more than 

10 percent by any such transfers: Provided further, That any 

transfer pursuant to this section shall be treated as a reprogramming of funds under section 615 (a) and (b) of this Act and shall 

not be available for obligation or expenditure except in compliance 

with the procedures set forth in that section. 

(b) EXPORT FINANCING TRANSFER AUTHORITIES.—Not to exceed 

5 percent of any appropriation other than for administrative 

expenses made available for fiscal year 2008, for programs under 

title II of this Act may be transferred between such appropriations 

for use for any of the purposes, programs, and activities for which 

the funds in such receiving account may be used, but no such 

appropriation, except as otherwise specifically provided, shall be 

increased by more than 25 percent by any such transfer: Provided, 

That the exercise of such authority shall be subject to the regular 

notification procedures of the Committees on Appropriations. 

(c)(1) LIMITATION ON TRANSFERS BETWEEN AGENCIES.—None 

of the funds made available under titles II through V of 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 appropriation Act. 

(2) Notwithstanding paragraph (1), in addition to transfers 

made by, or authorized elsewhere in, this Act, funds appropriated 

by this Act to carry out the purposes of the Foreign Assistance 

Act of 1961 may be allocated or transferred to agencies of the 

United States Government pursuant to the provisions of sections 

109, 610, and 632 of the Foreign Assistance Act of 1961. 

(d) TRANSFERS BETWEEN ACCOUNTS.—None of the funds made 

available under titles II through V of this Act may be obligated 

under an appropriation account to which they were not appropriated, except for transfers specifically provided for in this Act, 

unless the President provides notification in accordance with the 

regular notification procedures of the Committees on Appropriations. 

(e) AUDIT OF INTER-AGENCY TRANSFERS.—Any agreement for 

the transfer or allocation of funds appropriated by this Act, or 

prior Acts, entered into between the United States Agency for 

International Development and another agency of the United States 

Government under the authority of section 632(a) of the Foreign 

Assistance Act of 1961 or any comparable provision of law, shall 

expressly provide that the Office of the Inspector General for the 

agency receiving the transfer or allocation of such funds shall 

perform periodic program and financial audits of the use of such 

funds: Provided, That funds transferred under such authority may 

be made available for the cost of such audits. 

COMMERCIAL LEASING OF DEFENSE ARTICLES

SEC. 610. Notwithstanding any other provision of law, and 

subject to the regular notification procedures of the Committees 

on Appropriations, the authority of section 23(a) of the Arms Export 

Control Act may be used to provide financing to Israel, Egypt 

and NATO and major non-NATO allies for the procurement by 

President. 

President. 

Notification. 

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PUBLIC LAW 110–161—DEC. 26, 2007 121 STAT. 2317 

leasing (including leasing with an option to purchase) of defense 

articles from United States commercial suppliers, not including 

Major Defense Equipment (other than helicopters and other types 

of aircraft having possible civilian application), if the President 

determines that there are compelling foreign policy or national 

security reasons for those defense articles being provided by 

commercial lease rather than by government-to-government sale 

under such Act. 

AVAILABILITY OF FUNDS

SEC. 611. No part of any appropriation contained in this Act 

shall remain available for obligation after the expiration of the 

current fiscal year unless expressly so provided in this Act: Provided, That funds appropriated for the purposes of chapters 1, 

8, 11, and 12 of part I, section 661, section 667, chapters 4, 5, 

6, 8, and 9 of part II of the Foreign Assistance Act of 1961, 

section 23 of the Arms Export Control Act, and funds provided 

under the headings ‘‘Assistance for Eastern Europe and the Baltic 

States’’ and ‘‘Development Credit Authority’’, shall remain available 

for an additional 4 years from the date on which the availability 

of such funds would otherwise have expired, if such funds are 

initially obligated before the expiration of their respective periods 

of availability contained in this Act: Provided further, That, notwithstanding any other provision of this Act, any funds made available 

for the purposes of chapter 1 of part I and chapter 4 of part 

II of the Foreign Assistance Act of 1961 which are allocated or 

obligated for cash disbursements in order to address balance of 

payments or economic policy reform objectives, shall remain available until expended. 

LIMITATION ON ASSISTANCE TO COUNTRIES IN DEFAULT

SEC. 612. No part of any appropriation provided under titles 

II through V in this Act shall be used to furnish assistance to 

the government of any country which is in default during a period 

in excess of one calendar year in payment to the United States 

of principal or interest on any loan made to the government of 

such country by the United States pursuant to a program for 

which funds are appropriated under this Act unless the President 

determines, following consultations with the Committees on Appropriations, that assistance to such country is in the national interest 

of the United States. 

COMMERCE AND TRADE

SEC. 613. (a) None of the funds appropriated or made available 

pursuant to titles II through V of this Act for direct assistance 

and none of the funds otherwise made available to the ExportImport Bank and the Overseas Private Investment Corporation 

shall be obligated or expended to finance any loan, any assistance 

or any other financial commitments for establishing or expanding 

production of any commodity for export by any country other than 

the United States, if the commodity is likely to be in surplus 

on world markets at the time the resulting productive capacity 

is expected to become operative and if the assistance will cause 

substantial injury to United States producers of the same, similar, 

or competing commodity: Provided, That such prohibition shall not 

President. 

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121 STAT. 2318 PUBLIC LAW 110–161—DEC. 26, 2007 

apply to the Export-Import Bank if in the judgment of its Board 

of Directors the benefits to industry and employment in the United 

States are likely to outweigh the injury to United States producers 

of the same, similar, or competing commodity, and the Chairman 

of the Board so notifies the Committees on Appropriations. 

(b) None of the funds appropriated by this or any other Act 

to carry out chapter 1 of part I of the Foreign Assistance Act 

of 1961 shall be available for any testing or breeding feasibility 

study, variety improvement or introduction, consultancy, publication, conference, or training in connection with the growth or 

production in a foreign country of an agricultural commodity for 

export which would compete with a similar commodity grown or 

produced in the United States: Provided, That this subsection shall 

not prohibit— 

(1) activities designed to increase food security in developing countries where such activities will not have a significant 

impact on the export of agricultural commodities of the United 

States; or 

(2) research activities intended primarily to benefit American producers. 

SURPLUS COMMODITIES

SEC. 614. The Secretary of the Treasury shall instruct the 

United States Executive Directors of the International Bank for 

Reconstruction and Development, the International Development 

Association, the International Finance Corporation, the Inter-American Development Bank, the International Monetary Fund, the 

Asian Development Bank, the Inter-American Investment Corporation, the North American Development Bank, the European Bank 

for Reconstruction and Development, the African Development 

Bank, and the African Development Fund to use the voice and 

vote of the United States to oppose any assistance by these institutions, using funds appropriated or made available pursuant to titles 

II through V of this Act, for the production or extraction of any 

commodity or mineral for export, if it is in surplus on world markets 

and if the assistance will cause substantial injury to United States 

producers of the same, similar, or competing commodity. 

REPROGRAMMING NOTIFICATION REQUIREMENTS

SEC. 615. (a) None of the funds made available in title I 

of this Act, or in prior appropriations Acts to the agencies and 

departments funded by this Act that remain available for obligation 

or expenditure in fiscal year 2008, or provided from any accounts 

in the Treasury of the United States derived by the collection 

of fees or of currency reflows or other offsetting collections, or 

made available by transfer, to the agencies and departments funded 

by this Act, shall be available for obligation or expenditure through 

a reprogramming of funds that: (1) creates new programs; (2) eliminates a program, project, or activity; (3) increases funds or personnel 

by any means for any project or activity for which funds have 

been denied or restricted; (4) relocates an office or employees; (5) 

closes or opens a mission or post; (6) reorganizes or renames offices; 

(7) reorganizes programs or activities; or (8) contracts out or 

privatizes any functions or activities presently performed by Federal 

employees; unless the Committees on Appropriations are notified 

15 days in advance of such reprogramming of funds. 

Deadlines. 

22 USC 262h 

note. 


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PUBLIC LAW 110–161—DEC. 26, 2007 121 STAT. 2319 

(b) For the purposes of providing the executive branch with 

the necessary administrative flexibility, none of the funds provided 

under title I of this Act, or provided under previous appropriations 

Acts to the agencies or department funded under title I of this 

Act that remain available for obligation or expenditure in fiscal 

year 2008, or provided from any accounts in the Treasury of the 

United States derived by the collection of fees available to the 

agencies or department funded by title I of this Act, shall be 

available for obligation or expenditure for activities, programs, or 

projects through a reprogramming of funds in excess of $750,000 

or 10 percent, whichever is less, that: (1) augments existing programs, projects, or activities; (2) reduces by 10 percent funding 

for any existing program, project, or activity, or numbers of personnel by 10 percent as approved by Congress; or (3) results from 

any general savings, including savings from a reduction in personnel, which would result in a change in existing programs, activities, or projects as approved by Congress; unless the Committees 

on Appropriations are notified 15 days in advance of such reprogramming of funds. 

(c) For the purposes of providing the executive branch with 

the necessary administrative flexibility, none of the funds made 

available under titles II through V of this Act for ‘‘Global Health 

and Child Survival’’, ‘‘Development Assistance’’, ‘‘International 

Organizations and Programs’’, ‘‘Trade and Development Agency’’, 

‘‘International Narcotics Control and Law Enforcement’’, ‘‘Andean 

Counterdrug Programs’’, ‘‘Assistance for Eastern Europe and the 

Baltic States’’, ‘‘Assistance for the Independent States of the Former 

Soviet Union’’, ‘‘Economic Support Fund’’, ‘‘Democracy Fund’’, 

‘‘Peacekeeping Operations’’, ‘‘Capital Investment Fund’’, ‘‘Operating 

Expenses of the United States Agency for International Development’’, ‘‘Operating Expenses of the United States Agency for International Development Office of Inspector General’’, ‘‘Nonproliferation, Anti-terrorism, Demining and Related Programs’’, ‘‘Millennium 

Challenge Corporation’’ (by country only), ‘‘Foreign Military 

Financing Program’’, ‘‘International Military Education and 

Training’’, ‘‘Peace Corps’’, and ‘‘Migration and Refugee Assistance’’, 

shall be available for obligation for activities, programs, projects, 

type of materiel assistance, countries, or other operations not justified or in excess of the amount justified to the Committees on 

Appropriations for obligation under any of these specific headings 

unless the Committees on Appropriations of both Houses of Congress are previously notified 15 days in advance: Provided, That 

the President shall not enter into any commitment of funds appropriated for the purposes of section 23 of the Arms Export Control 

Act for the provision of major defense equipment, other than conventional ammunition, or other major defense items defined to be 

aircraft, ships, missiles, or combat vehicles, not previously justified 

to Congress or 20 percent in excess of the quantities justified 

to Congress unless the Committees on Appropriations are notified 

15 days in advance of such commitment: Provided further, That 

this subsection shall not apply to any reprogramming for an activity, 

program, or project for which funds are appropriated under titles 

III or IV of this Act of less than 10 percent of the amount previously 

justified to the Congress for obligation for such activity, program, 

or project for the current fiscal year. 

(d) The requirements of this section or any similar provision 

of this Act or any other Act, including any prior Act requiring 

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121 STAT. 2320 PUBLIC LAW 110–161—DEC. 26, 2007 

notification in accordance with the regular notification procedures 

of the Committees on Appropriations, may be waived if failure 

to do so would pose a substantial risk to human health or welfare: 

Provided, That in case of any such waiver, notification to the 

Congress, or the appropriate congressional committees, shall be 

provided as early as practicable, but in no event later than 3 

days after taking the action to which such notification requirement 

was applicable, in the context of the circumstances necessitating 

such waiver: Provided further, That any notification provided pursuant to such a waiver shall contain an explanation of the emergency 

circumstances. 

LIMITATION ON AVAILABILITY OF FUNDS FOR INTERNATIONAL

ORGANIZATIONS AND PROGRAMS

SEC. 616. Subject to the regular notification procedures of the 

Committees on Appropriations, funds appropriated under titles II 

through V of this Act or any previously enacted Act making appropriations for foreign operations, export financing, and related programs, which are returned or not made available for organizations 

and programs because of the implementation of section 307(a) of 

the Foreign Assistance Act of 1961, shall remain available for 

obligation until September 30, 2009: Provided, That section 307(a) 

of the Foreign Assistance Act of 1961 is amended by striking 

‘‘Libya,’’. 

INDEPENDENT STATES OF THE FORMER SOVIET UNION

SEC. 617. (a) None of the funds appropriated under the heading 

‘‘Assistance for the Independent States of the Former Soviet Union’’ 

shall be made available for assistance for a government of an 

Independent State of the former Soviet Union if that government 

directs any action in violation of the territorial integrity or national 

sovereignty of any other Independent State of the former Soviet 

Union, such as those violations included in the Helsinki Final 

Act: Provided, That such funds may be made available without 

regard to the restriction in this subsection if the President determines that to do so is in the national security interest of the 

United States. 

(b) None of the funds appropriated under the heading ‘‘Assistance for the Independent States of the Former Soviet Union’’ shall 

be made available for any state to enhance its military capability: 

Provided, That this restriction does not apply to demilitarization, 

demining or nonproliferation programs. 

(c) Funds appropriated under the heading ‘‘Assistance for the 

Independent States of the Former Soviet Union’’ for the Russian 

Federation, Armenia, Kazakhstan, and Uzbekistan shall be subject 

to the regular notification procedures of the Committees on Appropriations. 

(d) Funds made available in this Act for assistance for the 

Independent States of the former Soviet Union shall be subject 

to the provisions of section 117 (relating to environment and natural 

resources) of the Foreign Assistance Act of 1961. 

(e)(1) Of the funds appropriated under the heading ‘‘Assistance 

for the Independent States of the Former Soviet Union’’ that are 

allocated for assistance for the Government of the Russian Federation, 60 percent shall be withheld from obligation until the President 

President. 

Certification. 

President. 

22 USC 2227. 

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PUBLIC LAW 110–161—DEC. 26, 2007 121 STAT. 2321 

determines and certifies in writing to the Committees on Appropriations that the Government of the Russian Federation— 

(A) has terminated implementation of arrangements to provide Iran with technical expertise, training, technology, or 

equipment necessary to develop a nuclear reactor, related 

nuclear research facilities or programs, or ballistic missile capability; and 

(B) is providing full access to international non-government 

organizations providing humanitarian relief to refugees and 

internally displaced persons in Chechnya. 

(2) Paragraph (1) shall not apply to— 

(A) assistance to combat infectious diseases, child survival 

activities, or assistance for victims of trafficking in persons; 

and 

(B) activities authorized under title V (Nonproliferation 

and Disarmament Programs and Activities) of the FREEDOM 

Support Act. 

(f) Section 907 of the FREEDOM Support Act shall not apply 

to— 

(1) activities to support democracy or assistance under 

title V of the FREEDOM Support Act and section 1424 of 

Public Law 104–201 or non-proliferation assistance; 

(2) any assistance provided by the Trade and Development 

Agency under section 661 of the Foreign Assistance Act of 

1961 (22 U.S.C. 2421); 

(3) any activity carried out by a member of the United 

States and Foreign Commercial Service while acting within 

his or her official capacity; 

(4) any insurance, reinsurance, guarantee or other assistance provided by the Overseas Private Investment Corporation 

under title IV of chapter 2 of part I of the Foreign Assistance 

Act of 1961 (22 U.S.C. 2191 et seq.); 

(5) any financing provided under the Export-Import Bank 

Act of 1945; or 

(6) humanitarian assistance. 

PROHIBITION ON FUNDING FOR ABORTIONS AND INVOLUNTARY

STERILIZATION

SEC. 618. None of the funds made available to carry out part 

I of the Foreign Assistance Act of 1961, as amended, may be 

used to pay for the performance of abortions as a method of family 

planning or to motivate or coerce any person to practice abortions. 

None of the funds made available to carry out part I of the Foreign 

Assistance Act of 1961, as amended, may be used to pay for the 

performance of involuntary sterilization as a method of family planning or to coerce or provide any financial incentive to any person 

to undergo sterilizations. None of the funds made available to 

carry out part I of the Foreign Assistance Act of 1961, as amended, 

may be used to pay for any biomedical research which relates 

in whole or in part, to methods of, or the performance of, abortions 

or involuntary sterilization as a means of family planning. None 

of the funds made available to carry out part I of the Foreign 

Assistance Act of 1961, as amended, may be obligated or expended 

for any country or organization if the President certifies that the 

use of these funds by any such country or organization would 

violate any of the above provisions related to abortions and involuntary sterilizations. 

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121 STAT. 2322 PUBLIC LAW 110–161—DEC. 26, 2007 

ALLOCATIONS

SEC. 619. (a) Funds provided in this Act for the following 

accounts shall be made available for programs and countries in 

the amounts contained in the respective tables included in the 

explanatory statement described in section 4 (in the matter preceding division A of this consolidated Act) accompanying this Act: 

‘‘Educational and Cultural Exchange Programs’’. 

‘‘American Sections, International Commissions’’. 

‘‘International Broadcasting Operations’’. 

‘‘Global Health and Child Survival’’. 

‘‘Economic Support Fund’’. 

‘‘Assistance for Eastern Europe and the Baltic States’’. 

‘‘Assistance for the Independent States of the Former Soviet 

Union’’. 

‘‘Democracy Fund’’. 

‘‘International Narcotics Control and Law Enforcement’’. 

‘‘Andean Counterdrug Programs’’. 

‘‘Nonproliferation, Anti-Terrorism, Demining and Related 

Programs’’. 

‘‘Foreign Military Financing Program’’. 

‘‘Peacekeeping Operations’’. 

‘‘International Organizations and Programs’’. 

(b) Any proposed increases or decreases to the amounts contained in such tables in the explanatory statement described in 

section 4 (in the matter preceding division A of this consolidated 

Act) shall be subject to the regular notification procedures of the 

Committees on Appropriations and section 634A of the Foreign 

Assistance Act of 1961. 

SPECIAL NOTIFICATION REQUIREMENTS

SEC. 620. None of the funds appropriated under titles II through 

V of this Act shall be obligated or expended for assistance for 

Serbia, Sudan, Zimbabwe, Pakistan, Cuba, Iran, Haiti, Libya, Ethiopia, Mexico, Nepal, or Cambodia except as provided through the 

regular notification procedures of the Committees on Appropriations. 

DEFINITION OF PROGRAM, PROJECT, AND ACTIVITY

SEC. 621. For the purpose of titles II through V of this Act 

‘‘program, project, and activity’’ shall be defined at the appropriations Act account level and shall include all appropriations and 

authorizations Acts funding directives, ceilings, and limitations with 

the exception that for the following accounts: ‘‘Economic Support 

Fund’’ and ‘‘Foreign Military Financing Program’’, ‘‘program, project, 

and activity’’ shall also be considered to include country, regional, 

and central program level funding within each such account; for 

the development assistance accounts of the United States Agency 

for International Development ‘‘program, project, and activity’’ shall 

also be considered to include central, country, regional, and program 

level funding, either as: (1) justified to the Congress; or (2) allocated 

by the executive branch in accordance with a report, to be provided 

to the Committees on Appropriations within 30 days of the enactment of this Act, as required by section 653(a) of the Foreign 

Assistance Act of 1961. 

Reports. 

Deadline. 

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PUBLIC LAW 110–161—DEC. 26, 2007 121 STAT. 2323 

GLOBAL HEALTH AND CHILD SURVIVAL ACTIVITIES

SEC. 622. Up to $13,500,000 of the funds made available by 

this Act in title III for assistance under the heading ‘‘Global Health 

and Child Survival’’, may be used to reimburse United States 

Government agencies, agencies of State governments, institutions 

of higher learning, and private and voluntary organizations for 

the full cost of individuals (including for the personal services 

of such individuals) detailed or assigned to, or contracted by, as 

the case may be, the United States Agency for International 

Development for the purpose of carrying out activities under that 

heading: Provided, That up to $3,500,000 of the funds made available by this Act for assistance under the heading ‘‘Development 

Assistance’’ may be used to reimburse such agencies, institutions, 

and organizations for such costs of such individuals carrying out 

other development assistance activities: Provided further, That 

funds appropriated by titles III and IV of this Act that are made 

available for bilateral assistance for child survival activities or 

disease programs including activities relating to research on, and 

the prevention, treatment and control of, HIV/AIDS may be made 

available notwithstanding any other provision of law except for 

the provisions under the heading ‘‘Global Health and Child Survival’’ and the United States Leadership Against HIV/AIDS, Tuberculosis, and Malaria Act of 2003 (117 Stat. 711; 22 U.S.C. 7601 

et seq.), as amended: Provided further, That of the funds appro- priated under title III of this Act, not less than $461,000,000 shall 

be made available for family planning/reproductive health. 

AFGHANISTAN

SEC. 623. Of the funds appropriated under titles III and IV 

of this Act, not less than $1,057,050,000 should be made available 

for assistance for Afghanistan: Provided, That of the funds made 

available pursuant to this section, $3,000,000 should be made available for reforestation activities: Provided further, That funds made 

available pursuant to the previous proviso should be matched, to 

the maximum extent possible, with contributions from American 

and Afghan businesses: Provided further, That of the funds allocated 

for assistance for Afghanistan from this Act not less than 

$75,000,000 shall be made available to support programs that 

directly address the needs of Afghan women and girls, including 

for the Afghan Independent Human Rights Commission, the Afghan 

Ministry of Women’s Affairs, and for women-led nonprofit organizations in Afghanistan: Provided further, That of the funds appropriated by this Act that are available for Afghanistan, $20,000,000 

should be made available through United States universities to 

develop agriculture extension services for Afghan farmers, 

$2,000,000 should be made available for a United States contribution to the North Atlantic Treaty Organization/International Security Assistance Force Post-Operations Humanitarian Relief Fund, 

and not less than $10,000,000 should be made available for continued support of the United States Agency for International Development’s Afghan Civilian Assistance Program. 

NOTIFICATION ON EXCESS DEFENSE EQUIPMENT

SEC. 624. Prior to providing excess Department of Defense 

articles in accordance with section 516(a) of the Foreign Assistance 

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121 STAT. 2324 PUBLIC LAW 110–161—DEC. 26, 2007 

Act of 1961, the Department of Defense shall notify the Committees 

on Appropriations to the same extent and under the same conditions 

as are other committees pursuant to subsection (f) of that section: 

Provided, That before issuing a letter of offer to sell excess defense 

articles under the Arms Export Control Act, the Department of 

Defense shall notify the Committees on Appropriations in accordance with the regular notification procedures of such Committees 

if such defense articles are significant military equipment (as 

defined in section 47(9) of the Arms Export Control Act) or are 

valued (in terms of original acquisition cost) at $7,000,000 or more, 

or if notification is required elsewhere in this Act for the use 

of appropriated funds for specific countries that would receive such 

excess defense articles: Provided further, That such Committees 

shall also be informed of the original acquisition cost of such defense 

articles. 

GLOBAL FUND MANAGEMENT

SEC. 625. (a) Notwithstanding any other provision of this Act, 

20 percent of the funds that are appropriated by this Act for 

a contribution to support the Global Fund to Fight AIDS, Tuberculosis and Malaria (the ‘‘Global Fund’’) shall be withheld from 

obligation to the Global Fund until the Secretary of State certifies 

to the Committees on Appropriations that the Global Fund— 

(1) is releasing incremental disbursements only if grantees 

demonstrate progress against clearly defined performance 

indicators; 

(2) is providing support and oversight to country-level entities, such as country coordinating mechanisms, principal recipients, and Local Fund Agents (LFAs), to enable them to fulfill 

their mandates; 

(3) has a full-time, professional, independent Office of 

Inspector General that is fully operational; 

(4) requires LFAs to assess whether a principal recipient 

has the capacity to oversee the activities of sub-recipients; 

(5) is making progress toward implementing a reporting 

system that breaks down grantee budget allocations by programmatic activity; 

(6) has adopted and is implementing a policy to publish 

on a publicly available website the reports of the Global Fund’s 

Inspector General in a manner that is consistent with the 

Policy for Disclosure of Reports of the Inspector General as 

approved at the 16th Meeting of the Board of the Global Fund 

to Fight AIDS, Tuberculosis and Malaria; and 

(7) is tracking and encouraging the involvement of civil 

society, including faith-based organizations, in country coordinating mechanisms and program implementation. 

(b) The Secretary of State shall submit a report to the Committees on Appropriations not later than 120 days after enactment 

of this Act on the involvement of faith-based organizations in Global 

Fund programs. The report shall include— 

(1) on a country-by-country basis— 

(A) a description of the amount of grants and subgrants provided to faith-based organizations; and 

(B) a detailed description of the involvement of faithbased organizations in the Country Coordinating Mechanism (CCM) process of the Global Fund; and 

Reports. 

Deadline. 

Certification. 

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PUBLIC LAW 110–161—DEC. 26, 2007 121 STAT. 2325 

(2) a description of actions the Global Fund is taking to 

enhance the involvement of faith-based organizations in the 

CCM process, particularly in countries in which the involvement of faith-based organizations has been underrepresented. 

PROHIBITION ON BILATERAL ASSISTANCE TO TERRORIST COUNTRIES

SEC. 626. (a) Funds appropriated for bilateral assistance under 

any heading of this Act and funds appropriated under any such 

heading in a provision of law enacted prior to the enactment of 

this Act, shall not be made available to any country which the 

President determines— 

(1) grants sanctuary from prosecution to any individual 

or group which has committed an act of international terrorism; 

or 

(2) otherwise supports international terrorism. 

(b) The President may waive the application of subsection (a) 

to a country if the President determines that national security 

or humanitarian reasons justify such waiver. The President shall 

publish each waiver in the Federal Register and, at least 15 days 

before the waiver takes effect, shall notify the Committees on Appropriations of the waiver (including the justification for the waiver) 

in accordance with the regular notification procedures of the 

Committees on Appropriations. 

DEBT-FOR-DEVELOPMENT

SEC. 627. In order to enhance the continued participation of 

nongovernmental organizations in debt-for-development and debtfor-nature exchanges, a nongovernmental organization which is a 

grantee or contractor of the United States Agency for International 

Development may place in interest bearing accounts local currencies 

which accrue to that organization as a result of economic assistance 

provided under title III of this Act and, subject to the regular 

notification procedures of the Committees on Appropriations, any 

interest earned on such investment shall be used for the purpose 

for which the assistance was provided to that organization. 

SEPARATE ACCOUNTS

SEC. 628. (a) SEPARATE ACCOUNTS FOR LOCAL CURRENCIES.— 

(1) If assistance is furnished to the government of a foreign 

country under chapters 1 and 10 of part I or chapter 4 of 

part II of the Foreign Assistance Act of 1961 under agreements 

which result in the generation of local currencies of that 

country, the Administrator of the United States Agency for 

International Development shall— 

(A) require that local currencies be deposited in a 

separate account established by that government; 

(B) enter into an agreement with that government 

which sets forth— 

(i) the amount of the local currencies to be generated; and 

(ii) the terms and conditions under which the currencies so deposited may be utilized, consistent with 

this section; and 

22 USC 2362 

note. 

Federal Register, 

publication. 

Deadline. 

Notification. 

Waiver authority. 

President. 


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121 STAT. 2326 PUBLIC LAW 110–161—DEC. 26, 2007 

(C) establish by agreement with that government the 

responsibilities of the United States Agency for International Development and that government to monitor and 

account for deposits into and disbursements from the separate account. 

(2) USES OF LOCAL CURRENCIES.—As may be agreed upon 

with the foreign government, local currencies deposited in a 

separate account pursuant to subsection (a), or an equivalent 

amount of local currencies, shall be used only— 

(A) to carry out chapter 1 or 10 of part I or chapter 

4 of part II (as the case may be), for such purposes as— 

(i) project and sector assistance activities; or 

(ii) debt and deficit financing; or 

(B) for the administrative requirements of the United 

States Government. 

(3) PROGRAMMING ACCOUNTABILITY.—The United States 

Agency for International Development shall take all necessary 

steps to ensure that the equivalent of the local currencies 

disbursed pursuant to subsection (a)(2)(A) from the separate 

account established pursuant to subsection (a)(1) are used for 

the purposes agreed upon pursuant to subsection (a)(2). 

(4) TERMINATION OF ASSISTANCE PROGRAMS.—Upon termination of assistance to a country under chapter 1 or 10 of 

part I or chapter 4 of part II (as the case may be), any 

unencumbered balances of funds which remain in a separate 

account established pursuant to subsection (a) shall be disposed 

of for such purposes as may be agreed to by the government 

of that country and the United States Government. 

(5) REPORTING REQUIREMENT.—The Administrator of the 

United States Agency for International Development shall 

report on an annual basis as part of the justification documents 

submitted to the Committees on Appropriations on the use 

of local currencies for the administrative requirements of the 

United States Government as authorized in subsection (a)(2)(B), 

and such report shall include the amount of local currency 

(and United States dollar equivalent) used and/or to be used 

for such purpose in each applicable country. 

(b) SEPARATE ACCOUNTS FOR CASH TRANSFERS.— 

(1) If assistance is made available to the government of 

a foreign country, under chapter 1 or 10 of part I or chapter 

4 of part II of the Foreign Assistance Act of 1961, as cash 

transfer assistance or as nonproject sector assistance, that 

country shall be required to maintain such funds in a separate 

account and not commingle them with any other funds. 

(2) APPLICABILITY OF OTHER PROVISIONS OF LAW.—Such 

funds may be obligated and expended notwithstanding provisions of law which are inconsistent with the nature of this 

assistance including provisions which are referenced in the 

Joint Explanatory Statement of the Committee of Conference 

accompanying House Joint Resolution 648 (House Report No. 

98–1159). 

(3) NOTIFICATION.—At least 15 days prior to obligating 

any such cash transfer or nonproject sector assistance, the 

President shall submit a notification through the regular 

notification procedures of the Committees on Appropriations, 

which shall include a detailed description of how the funds 

proposed to be made available will be used, with a discussion 

President. 

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PUBLIC LAW 110–161—DEC. 26, 2007 121 STAT. 2327 

of the United States interests that will be served by the assistance (including, as appropriate, a description of the economic 

policy reforms that will be promoted by such assistance). 

(4) EXEMPTION.—Nonproject sector assistance funds may 

be exempt from the requirements of subsection (b)(1) only 

through the notification procedures of the Committees on 

Appropriations. 

ENTERPRISE FUND RESTRICTIONS

SEC. 629. (a) Prior to the distribution of any assets resulting 

from any liquidation, dissolution, or winding up of an Enterprise 

Fund, in whole or in part, the President shall submit to the Committees on Appropriations, in accordance with the regular notification 

procedures of the Committees on Appropriations, a plan for the 

distribution of the assets of the Enterprise Fund. 

(b) Funds made available under titles II through V of this 

Act for Enterprise Funds shall be expended at the minimum rate 

necessary to make timely payment for projects and activities. 

FINANCIAL MARKET ASSISTANCE

SEC. 630. Of the funds appropriated by this Act under the 

headings ‘‘Trade and Development Agency’’, ‘‘Development Assistance’’, ‘‘Transition Initiatives’’, ‘‘Economic Support Fund’’, ‘‘International Affairs Technical Assistance’’, ‘‘Assistance for the Independent States of the Former Soviet Union’’, ‘‘Nonproliferation, 

Anti-Terrorism, Demining and Related Programs’’, and ‘‘Assistance 

for Eastern Europe and Baltic States’’, not less than $40,000,000 

should be made available for building capital markets and financial 

systems in countries eligible to receive United States assistance. 

AUTHORITIES FOR THE PEACE CORPS, INTER-AMERICAN FOUNDATION

AND AFRICAN DEVELOPMENT FOUNDATION

SEC. 631. Unless expressly provided to the contrary, provisions 

of this or any other Act, including provisions contained in prior 

Acts authorizing or making appropriations for foreign operations, 

export financing, and related programs, shall not be construed 

to prohibit activities authorized by or conducted under the Peace 

Corps Act, the Inter-American Foundation Act or the African 

Development Foundation Act. The agency shall promptly report 

to the Committees on Appropriations whenever it is conducting 

activities or is proposing to conduct activities in a country for 

which assistance is prohibited. 

IMPACT ON JOBS IN THE UNITED STATES

SEC. 632. None of the funds appropriated under titles II through 

V of this Act may be obligated or expended to provide— 

(1) any financial incentive to a business enterprise currently located in the United States for the purpose of inducing 

such an enterprise to relocate outside the United States if 

such incentive or inducement is likely to reduce the number 

of employees of such business enterprise in the United States 

because United States production is being replaced by such 

enterprise outside the United States; or 

(2) assistance for any program, project, or activity that 

contributes to the violation of internationally recognized 

Reports. 

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121 STAT. 2328 PUBLIC LAW 110–161—DEC. 26, 2007 

workers rights, as defined in section 507(4) of the Trade Act 

of 1974, of workers in the recipient country, including any 

designated zone or area in that country: Provided, That the 

application of section 507(4)(D) and (E) of such Act should 

be commensurate with the level of development of the recipient 

country and sector, and shall not preclude assistance for the 

informal sector in such country, micro and small-scale enterprise, and smallholder agriculture. 

COMPREHENSIVE EXPENDITURES REPORT

SEC. 633. Not later than 180 days after the date of enactment 

of this Act, the Secretary of State shall submit a report to the 

Committees on Appropriations detailing the total amount of United 

States Government expenditures in fiscal years 2005 and 2006, 

by Federal agency, for programs and activities in each foreign 

country, identifying the line item as presented in the President’s 

Budget Appendix and the purpose for which the funds were provided: Provided, That if required, information may be submitted 

in classified form. 

SPECIAL AUTHORITIES

SEC. 634. (a) AFGHANISTAN, IRAQ, PAKISTAN, LEBANON, MONTENEGRO, VICTIMS OF WAR, DISPLACED CHILDREN, AND DISPLACED

BURMESE.—Funds appropriated under titles II through V of this 

Act that are made available for assistance for Afghanistan may 

be made available notwithstanding section 612 of this Act or any 

similar provision of law and section 660 of the Foreign Assistance 

Act of 1961, and funds appropriated in titles II and III of this 

Act that are made available for Iraq, Lebanon, Montenegro, Pakistan, and for victims of war, displaced children, and displaced 

Burmese, and to assist victims of trafficking in persons and, subject 

to the regular notification procedures of the Committees on Appropriations, to combat such trafficking, may be made available notwithstanding any other provision of law. 

(b) TROPICAL FORESTRY AND BIODIVERSITY CONSERVATION

ACTIVITIES.—Funds appropriated by this Act to carry out the provisions of sections 103 through 106, and chapter 4 of part II, of 

the Foreign Assistance Act of 1961 may be used, notwithstanding 

any other provision of law, for the purpose of supporting tropical 

forestry and biodiversity conservation activities and energy programs aimed at reducing greenhouse gas emissions: Provided, That 

such assistance shall be subject to sections 116, 502B, and 620A 

of the Foreign Assistance Act of 1961. 

(c) PERSONAL SERVICES CONTRACTORS.—Funds appropriated by 

this Act to carry out chapter 1 of part I, chapter 4 of part II, 

and section 667 of the Foreign Assistance Act of 1961, and title 

II of the Agricultural Trade Development and Assistance Act of 

1954, may be used by the United States Agency for International 

Development to employ up to 25 personal services contractors in 

the United States, notwithstanding any other provision of law, 

for the purpose of providing direct, interim support for new or 

expanded overseas programs and activities managed by the agency 

until permanent direct hire personnel are hired and trained: Provided, That not more than 10 of such contractors shall be assigned 

to any bureau or office: Provided further, That such funds appropriated to carry out title II of the Agricultural Trade Development 

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PUBLIC LAW 110–161—DEC. 26, 2007 121 STAT. 2329 

and Assistance Act of 1954, may be made available only for personal 

services contractors assigned to the Office of Food for Peace. 

(d)(1) WAIVER.—The President may waive the provisions of 

section 1003 of Public Law 100–204 if the President determines 

and certifies in writing to the Speaker of the House of Representatives and the President pro tempore of the Senate that it is important to the national security interests of the United States. 

(2) PERIOD OF APPLICATION OF WAIVER.—Any waiver pursuant 

to paragraph (1) shall be effective for no more than a period of 

6 months at a time and shall not apply beyond 12 months after 

the enactment of this Act. 

(e) SMALL BUSINESS.—In entering into multiple award indefinite-quantity contracts with funds appropriated by this Act, the 

United States Agency for International Development may provide 

an exception to the fair opportunity process for placing task orders 

under such contracts when the order is placed with any category 

of small or small disadvantaged business. 

(f) VIETNAMESE REFUGEES.—Section 594(a) of the Foreign Operations, Export Financing, and Related Programs Appropriations 

Act, 2005 (enacted as division D of Public Law 108–447; 118 Stat. 

3038) is amended by striking ‘‘2007’’ and inserting ‘‘2009’’. 

(g) RECONSTITUTING CIVILIAN POLICE AUTHORITY.—In providing 

assistance with funds appropriated by this Act under section 

660(b)(6) of the Foreign Assistance Act of 1961, support for a 

nation emerging from instability may be deemed to mean support 

for regional, district, municipal, or other sub-national entity 

emerging from instability, as well as a nation emerging from instability. 

(h) CHINA PROGRAMS.—Notwithstanding any other provision 

of law, of the funds appropriated under the heading ‘‘Development 

Assistance’’ in this Act, not less than $10,000,000 shall be made 

available to United States educational institutions and nongovernmental organizations for programs and activities in the People’s 

Republic of China relating to the environment, democracy, and 

the rule of law: Provided, That funds made available pursuant 

to this authority shall be subject to the regular notification procedures of the Committees on Appropriations. 

(i) MIDDLE EAST FOUNDATION.—Funds appropriated by this 

Act and prior Acts for a Middle East Foundation shall be subject 

to the regular notification procedures of the Committees on Appropriations. 

(j) EXTENSION OF AUTHORITY.—Section 1365(c) of the National 

Defense Authorization Act for Fiscal Year 1993 (Public Law 102– 

484; 22 U.S.C. 2778 note) is amended by striking ‘‘During the 

16 year period beginning on October 23, 1992’’ and inserting ‘‘During 

the 22 year period beginning on October 23, 1992’’ before the 

period at the end. 

(k) EXTENSION OF AUTHORITY.—The Foreign Operations, Export 

Financing, and Related Programs Appropriations Act, 1990 (Public 

Law 101–167) is amended— 

(1) in section 599D (8 U.S.C. 1157 note)— 

(A) in subsection (b)(3), by striking ‘‘and 2007’’ and 

inserting ‘‘2007, and 2008’’; and 

(B) in subsection (e), by striking ‘‘2007’’ each place 

it appears and inserting ‘‘2008’’; and 

(2) in section 599E (8 U.S.C. 1255 note) in subsection 

(b)(2), by striking ‘‘2007’’ and inserting ‘‘2008’’. 

President. 

Certification. 

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121 STAT. 2330 PUBLIC LAW 110–161—DEC. 26, 2007 

(l) WORLD FOOD PROGRAM.—Of the funds managed by the 

Bureau for Democracy, Conflict, and Humanitarian Assistance of 

the United States Agency for International Development, from this 

or any other Act, not less than $10,000,000 shall be made available 

as a general contribution to the World Food Program, notwithstanding any other provision of law. 

(m) CAPITAL SECURITY COST-SHARING.—Notwithstanding any 

other provision of law, of the funds appropriated under the heading 

‘‘Embassy Security, Construction, and Maintenance’’, not less than 

$2,000,000 shall be made available for the Capital Security CostSharing fees of the Library of Congress. 

(n) DISARMAMENT, DEMOBILIZATION AND REINTEGRATION.—Notwithstanding any other provision of law, regulation or Executive 

order, funds appropriated by this Act and prior Acts making appropriations for foreign operations, export financing, and related programs under the headings ‘‘Economic Support Fund’’, ‘‘Peacekeeping 

Operations’’, ‘‘International Disaster Assistance’’, and ‘‘Transition 

Initiatives’’ should be made available to support programs to disarm, 

demobilize, and reintegrate into civilian society former members 

of foreign terrorist organizations: Provided, That the Secretary of 

State shall consult with the Committees on Appropriations prior 

to the obligation of funds pursuant to this subsection: Provided 

further, That for the purposes of this subsection, ‘‘International 

Disaster Assistance’’ may also mean ‘‘International Disaster and 

Famine Assistance’’: Provided further, That for the purposes of 

this subsection the term ‘‘foreign terrorist organization’’ means an 

organization designated as a terrorist organization under section 

219 of the Immigration and Nationality Act. 

(o) NONGOVERNMENTAL ORGANIZATIONS.—With respect to the 

provision of assistance for democracy, human rights and governance 

activities, the organizations implementing such assistance and the 

specific nature of that assistance shall not be subject to the prior 

approval by the government of any foreign country. 

(p) PRISON CONDITIONS.—Funds appropriated by this Act to 

carry out the provisions of chapters 1 and 11 of part I and chapter 

4 of part II of the Foreign Assistance Act of 1961, and the Support 

for East European Democracy (SEED) Act of 1989, may be used 

to provide assistance to improve conditions in prison facilities 

administered by foreign governments, including among other things, 

activities to improve prison sanitation and ensure the availability 

of adequate food, drinking water and medical care for prisoners: 

Provided, That assistance made available under this subsection 

may be made available notwithstanding section 660 of the Foreign 

Assistance Act of 1961, and subject to the regular notification 

procedures of the Committees on Appropriations. 

(q) PROGRAM FOR RESEARCH AND TRAINING ON EASTERN EUROPE

AND THE INDEPENDENT STATES OF THE FORMER SOVIET UNION.— 

Of the funds appropriated by this Act under the heading, ‘‘Economic 

Support Fund’’, not less than $5,000,000 shall be made available 

to carry out the Program for Research and Training on Eastern 

Europe and the Independent States of the Former Soviet Union 

(title VIII) as authorized by the Soviet-Eastern European Research 

and Training Act of 1983 (22 U.S.C. 4501–4508, as amended). 

(r) BROADCASTING BOARD OF GOVERNORS AUTHORITY.—Section 

504(c) of the Foreign Relations Authorization Act, Fiscal Year 2003 

(Public Law 107–228; 22 U.S.C. 6206 note) is amended by striking 

‘‘December 31, 2007’’ and inserting ‘‘December 31, 2008’’. 

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PUBLIC LAW 110–161—DEC. 26, 2007 121 STAT. 2331 

(s) TRANSATLANTIC LEGISLATORS’ DIALOGUE AUTHORITY.—Section 109(c) of Public Law 98–164 is amended by striking ‘‘$50,000’’ 

and inserting ‘‘$100,000’’. 

(t) OPIC AUTHORITY.—Notwithstanding section 235(a)(2) of the 

Foreign Assistance Act of 1961 (22 U.S.C. 2195(a)(2)), the authority 

of subsections (a) through (c) of section 234 of such Act shall 

remain in effect through April 1, 2008. 

ARAB LEAGUE BOYCOTT OF ISRAEL

SEC. 635. It is the sense of the Congress that— 

(1) the Arab League boycott of Israel, and the secondary 

boycott of American firms that have commercial ties with Israel, 

is an impediment to peace in the region and to United States 

investment and trade in the Middle East and North Africa; 

(2) the Arab League boycott, which was regrettably 

reinstated in 1997, should be immediately and publicly terminated, and the Central Office for the Boycott of Israel immediately disbanded; 

(3) all Arab League states should normalize relations with 

their neighbor Israel; 

(4) the President and the Secretary of State should continue 

to vigorously oppose the Arab League boycott of Israel and 

find concrete steps to demonstrate that opposition by, for 

example, taking into consideration the participation of any 

recipient country in the boycott when determining to sell 

weapons to said country; and 

(5) the President should report to Congress annually on 

specific steps being taken by the United States to encourage 

Arab League states to normalize their relations with Israel 

to bring about the termination of the Arab League boycott 

of Israel, including those to encourage allies and trading partners of the United States to enact laws prohibiting businesses 

from complying with the boycott and penalizing businesses 

that do comply. 

ELIGIBILITY FOR ASSISTANCE

SEC. 636. (a) ASSISTANCE THROUGH NONGOVERNMENTAL

ORGANIZATIONS.—Restrictions contained under titles II through V 

of this or any other Act with respect to assistance for a country 

shall not be construed to restrict assistance in support of programs 

of nongovernmental organizations from funds appropriated by this 

Act to carry out the provisions of chapters 1, 10, 11, and 12 of 

part I and chapter 4 of part II of the Foreign Assistance Act 

of 1961, and from funds appropriated under the heading ‘‘Assistance 

for Eastern Europe and the Baltic States’’: Provided, That before 

using the authority of this subsection to furnish assistance in support of programs of nongovernmental organizations, the President 

shall notify the Committees on Appropriations under the regular 

notification procedures of those committees, including a description 

of the program to be assisted, the assistance to be provided, and 

the reasons for furnishing such assistance: Provided further, That 

nothing in this subsection shall be construed to alter any existing 

statutory prohibitions against abortion or involuntary sterilizations 

contained in this or any other Act. 

(b) PUBLIC LAW 480.—During fiscal year 2008, restrictions contained in this or any other Act with respect to assistance for 

President. 

Notification. 

22 USC 2194 

note. 

22 USC 276l 

note. 

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121 STAT. 2332 PUBLIC LAW 110–161—DEC. 26, 2007 

a country shall not be construed to restrict assistance under the 

Agricultural Trade Development and Assistance Act of 1954: Provided, That none of the funds appropriated to carry out title I 

of such Act and made available pursuant to this subsection may 

be obligated or expended except as provided through the regular 

notification procedures of the Committees on Appropriations. 

(c) EXCEPTION.—This section shall not apply— 

(1) with respect to section 620A of the Foreign Assistance 

Act of 1961 or any comparable provision of law prohibiting 

assistance to countries that support international terrorism; 

or 

(2) with respect to section 116 of the Foreign Assistance 

Act of 1961 or any comparable provision of law prohibiting 

assistance to the government of a country that violates internationally recognized human rights. 

RESERVATIONS OF FUNDS

SEC. 637. (a) Funds appropriated under titles II through V 

of this Act which are specifically designated may be reprogrammed 

for other programs within the same account notwithstanding the 

designation if compliance with the designation is made impossible 

by operation of any provision of this or any other Act: Provided, 

That any such reprogramming shall be subject to the regular 

notification procedures of the Committees on Appropriations: Provided further, That assistance that is reprogrammed pursuant to 

this subsection shall be made available under the same terms 

and conditions as originally provided. 

(b) In addition to the authority contained in subsection (a), 

the original period of availability of funds appropriated by this 

Act and administered by the United States Agency for International 

Development that are specifically designated for particular programs or activities by this or any other Act shall be extended 

for an additional fiscal year if the Administrator of such agency 

determines and reports promptly to the Committees on Appropriations that the termination of assistance to a country or a significant 

change in circumstances makes it unlikely that such designated 

funds can be obligated during the original period of availability: 

Provided, That such designated funds that are continued available 

for an additional fiscal year shall be obligated only for the purpose 

of such designation. 

(c) Ceilings and specifically designated funding levels contained 

in this Act shall not be applicable to funds or authorities appropriated or otherwise made available by any subsequent Act unless 

such Act specifically so directs. Specifically designated funding 

levels or minimum funding requirements contained in any other 

Act shall not be applicable to funds appropriated by this Act. 

ASIA

SEC. 638. (a) FUNDING LEVELS.—Of the funds appropriated 

by this Act under the headings ‘‘Global Health and Child Survival’’ 

and ‘‘Development Assistance’’, not less than the amount of funds 

initially allocated for each such account pursuant to subsection 

653(a) of the Foreign Assistance Act of 1961 for fiscal year 2007 

shall be made available for Cambodia, Philippines, Vietnam, Asia 

and Near East Regional, and Regional Development Mission/Asia: 

Provided, That for the purposes of this subsection, ‘‘Global Health 

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and Child Survival’’ shall mean ‘‘Child Survival and Health Programs Fund’’. 

(b) BURMA.— 

(1) The Secretary of the Treasury shall instruct the United 

States executive director to each appropriate international 

financial institution in which the United States participates, 

to oppose and vote against the extension by such institution 

any loan or financial or technical assistance or any other utilization of funds of the respective bank to and for Burma. 

(2) Of the funds appropriated by this Act under the heading 

‘‘Economic Support Fund’’, not less than $13,000,000 shall be 

made available to support democracy activities in Burma, along 

the Burma-Thailand border, for activities of Burmese student 

groups and other organizations located outside Burma, and 

for the purpose of supporting the provision of humanitarian 

assistance to displaced Burmese along Burma’s borders: Provided, That such funds may be made available notwithstanding 

any other provision of law: Provided further, That in addition 

to assistance for Burmese refugees provided under the heading 

‘‘Migration and Refugee Assistance’’ in this Act, not less than 

$3,000,000 shall be made available for community-based 

organizations operating in Thailand to provide food, medical 

and other humanitarian assistance to internally displaced persons in eastern Burma: Provided further, That funds made 

available under this paragraph shall be subject to the regular 

notification procedures of the Committees on Appropriations. 

(c) TIBET.— 

(1) The Secretary of the Treasury should instruct the 

United States executive director to each international financial 

institution to use the voice and vote of the United States 

to support projects in Tibet if such projects do not provide 

incentives for the migration and settlement of non-Tibetans 

into Tibet or facilitate the transfer of ownership of Tibetan 

land and natural resources to non-Tibetans; are based on a 

thorough needs-assessment; foster self-sufficiency of the 

Tibetan people and respect Tibetan culture and traditions; and 

are subject to effective monitoring. 

(2) Notwithstanding any other provision of law, not less 

than $5,000,000 of the funds appropriated by this Act under 

the heading ‘‘Economic Support Fund’’ should be made available 

to nongovernmental organizations to support activities which 

preserve cultural traditions and promote sustainable development and environmental conservation in Tibetan communities 

in the Tibetan Autonomous Region and in other Tibetan 

communities in China, and not less than $250,000 should be 

made available to the National Endowment for Democracy for 

human rights and democracy programs relating to Tibet. 

PROHIBITION ON PUBLICITY OR PROPAGANDA

SEC. 639. No part of any appropriation contained in this Act 

shall be used for publicity or propaganda purposes within the 

United States not authorized before the date of the enactment 

of this Act by the Congress: Provided, That not to exceed $25,000 

may be made available to carry out the provisions of section 316 

of Public Law 96–533. 

50 USC 1701 

note. 

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PROHIBITION OF PAYMENTS TO UNITED NATIONS MEMBERS

SEC. 640. None of the funds appropriated or made available 

pursuant to titles II through V of this Act for carrying out the 

Foreign Assistance Act of 1961, may be used to pay in whole 

or in part any assessments, arrearages, or dues of any member 

of the United Nations or, from funds appropriated by this Act 

to carry out chapter 1 of part I of the Foreign Assistance Act 

of 1961, the costs for participation of another country’s delegation 

at international conferences held under the auspices of multilateral 

or international organizations. 

REQUESTS FOR DOCUMENTS

SEC. 641. None of the funds appropriated or made available 

pursuant to titles II through V of this Act shall be available to 

a nongovernmental organization, including any contractor, which 

fails to provide upon timely request any document, file, or record 

necessary to the auditing requirements of the United States Agency 

for International Development. 

PROHIBITION ON ASSISTANCE TO FOREIGN GOVERNMENTS THAT EX- PORT LETHAL MILITARY EQUIPMENT TO COUNTRIES SUPPORTING

INTERNATIONAL TERRORISM

SEC. 642. (a) None of the funds appropriated or otherwise 

made available by titles II through V of this Act may be available 

to any foreign government which provides lethal military equipment 

to a country the government of which the Secretary of State has 

determined is a terrorist government for purposes of section 6(j) 

of the Export Administration Act of 1979. The prohibition under 

this section with respect to a foreign government shall terminate 

12 months after that government ceases to provide such military 

equipment. This section applies with respect to lethal military 

equipment provided under a contract entered into after October 

1, 1997. 

(b) Assistance restricted by subsection (a) or any other similar 

provision of law, may be furnished if the President determines 

that furnishing such assistance is important to the national 

interests of the United States. 

(c) Whenever the President makes a determination pursuant 

to subsection (b), the President shall submit to the appropriate 

congressional committees a report with respect to the furnishing 

of such assistance. Any such report shall include a detailed explanation of the assistance to be provided, including the estimated 

dollar amount of such assistance, and an explanation of how the 

assistance furthers United States national interests. 

WITHHOLDING OF ASSISTANCE FOR PARKING FINES AND REAL

PROPERTY TAXES OWED BY FOREIGN COUNTRIES

SEC. 643. (a) Subject to subsection (c), of the funds appropriated 

under titles II through V by this Act that are made available 

for assistance for a foreign country, an amount equal to 110 percent 

of the total amount of the unpaid fully adjudicated parking fines 

and penalties and unpaid property taxes owed by the central government of such country shall be withheld from obligation for assistance for the central government of such country until the Secretary 

of State submits a certification to the Committees on Appropriations 

Certification. 

President. 

Reports. 

Applicability. 

Termination 

date. 

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stating that such parking fines and penalties and unpaid property 

taxes are fully paid. 

(b) Funds withheld from obligation pursuant to subsection (a) 

may be made available for other programs or activities funded 

by this Act, after consultation with and subject to the regular 

notification procedures of the Committees on Appropriations, provided that no such funds shall be made available for assistance 

for the central government of a foreign country that has not paid 

the total amount of the fully adjudicated parking fines and penalties 

and unpaid property taxes owed by such country. 

(c) Subsection (a) shall not include amounts that have been 

withheld under any other provision of law. 

(d)(1) The Secretary of State may waive the requirements set 

forth in subsection (a) with respect to parking fines and penalties 

no sooner than 60 days from the date of enactment of this Act, 

or at any time with respect to a particular country, if the Secretary 

determines that it is in the national interests of the United States 

to do so. 

(2) The Secretary of State may waive the requirements set 

forth in subsection (a) with respect to the unpaid property taxes 

if the Secretary of State determines that it is in the national 

interests of the United States to do so. 

(e) Not later than 6 months after the initial exercise of the 

waiver authority in subsection (d), the Secretary of State, after 

consultations with the City of New York, shall submit a report 

to the Committees on Appropriations describing a strategy, 

including a timetable and steps currently being taken, to collect 

the parking fines and penalties and unpaid property taxes and 

interest owed by nations receiving foreign assistance under this 

Act. 

(f) In this section: 

(1) The term ‘‘fully adjudicated’’ includes circumstances 

in which the person to whom the vehicle is registered— 

(A)(i) has not responded to the parking violation summons; or 

(ii) has not followed the appropriate adjudication procedure to challenge the summons; and 

(B) the period of time for payment of or challenge 

to the summons has lapsed. 

(2) The term ‘‘parking fines and penalties’’ means parking 

fines and penalties— 

(A) owed to— 

(i) the District of Columbia; or 

(ii) New York, New York; and 

(B) incurred during the period April 1, 1997, through 

September 30, 2007. 

(3) The term ‘‘unpaid property taxes’’ means the amount 

of unpaid taxes and interest determined to be owed by a foreign 

country on real property in the District of Columbia or New 

York, New York in a court order or judgment entered against 

such country by a court of the United States or any State 

or subdivision thereof. 

LIMITATION ON ASSISTANCE FOR THE PLO FOR THE WEST BANK AND

GAZA

SEC. 644. None of the funds appropriated under titles II through 

V of this Act may be obligated for assistance for the Palestine 

Deadline. 

Reports. 

New York. 

Waiver authority. 

Deadline. 

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121 STAT. 2336 PUBLIC LAW 110–161—DEC. 26, 2007 

Liberation Organization for the West Bank and Gaza unless the 

President has exercised the authority under section 604(a) of the 

Middle East Peace Facilitation Act of 1995 (title VI of Public Law 

104–107) or any other legislation to suspend or make inapplicable 

section 307 of the Foreign Assistance Act of 1961 and that suspension is still in effect: Provided, That if the President fails to make 

the certification under section 604(b)(2) of the Middle East Peace 

Facilitation Act of 1995 or to suspend the prohibition under other 

legislation, funds appropriated by this Act may not be obligated 

for assistance for the Palestine Liberation Organization for the 

West Bank and Gaza. 

WAR CRIMES TRIBUNALS DRAWDOWN

SEC. 645. If the President determines that doing so will contribute to a just resolution of charges regarding genocide or other 

violations of international humanitarian law, the President may 

direct a drawdown pursuant to section 552(c) of the Foreign Assistance Act of 1961 of up to $30,000,000 of commodities and services 

for the United Nations War Crimes Tribunal established with 

regard to the former Yugoslavia by the United Nations Security 

Council or such other tribunals or commissions as the Council 

may establish or authorize to deal with such violations, without 

regard to the ceiling limitation contained in paragraph (2) thereof: 

Provided, That the determination required under this section shall 

be in lieu of any determinations otherwise required under section 

552(c): Provided further, That funds made available for tribunals 

other than Yugoslavia, Rwanda, or the Special Court for Sierra 

Leone shall be made available subject to the regular notification 

procedures of the Committees on Appropriations. 

LANDMINES AND CLUSTER MUNITIONS

SEC. 646. (a) LANDMINES.—Notwithstanding any other provision 

of law, demining equipment available to the United States Agency 

for International Development and the Department of State and 

used in support of the clearance of landmines and unexploded 

ordnance for humanitarian purposes may be disposed of on a grant 

basis in foreign countries, subject to such terms and conditions 

as the President may prescribe. 

(b) CLUSTER MUNITIONS.—During the current fiscal year, no 

military assistance shall be furnished for cluster munitions, no 

defense export license for cluster munitions may be issued, and 

no cluster munitions or cluster munitions technology shall be sold 

or transferred, unless— 

(1) the submunitions of the cluster munitions have a 99 

percent or higher tested rate; and 

(2) the agreement applicable to the assistance, transfer, 

or sale of the cluster munitions or cluster munitions technology 

specifies that the cluster munitions will only be used against 

clearly defined military targets and will not be used where 

civilians are known to be present. 

RESTRICTIONS CONCERNING THE PALESTINIAN AUTHORITY

SEC. 647. None of the funds appropriated under titles II through 

V of this Act may be obligated or expended to create in any part 

of Jerusalem a new office of any department or agency of the 

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United States Government for the purpose of conducting official 

United States Government business with the Palestinian Authority 

over Gaza and Jericho or any successor Palestinian governing entity 

provided for in the Israel-PLO Declaration of Principles: Provided, 

That this restriction shall not apply to the acquisition of additional 

space for the existing Consulate General in Jerusalem: Provided 

further, That meetings between officers and employees of the United 

States and officials of the Palestinian Authority, or any successor 

Palestinian governing entity provided for in the Israel-PLO Declaration of Principles, for the purpose of conducting official United 

States Government business with such authority should continue 

to take place in locations other than Jerusalem. As has been true 

in the past, officers and employees of the United States Government 

may continue to meet in Jerusalem on other subjects with Palestinians (including those who now occupy positions in the Palestinian 

Authority), have social contacts, and have incidental discussions. 

PROHIBITION OF PAYMENT OF CERTAIN EXPENSES

SEC. 648. None of the funds appropriated or otherwise made 

available under titles III or IV of this Act under the heading 

‘‘International Military Education and Training’’ or ‘‘Foreign Military Financing Program’’ for Informational Program activities or 

under the headings ‘‘Global Health and Child Survival’’, ‘‘Development Assistance’’, and ‘‘Economic Support Fund’’ may be obligated 

or expended to pay for— 

(1) alcoholic beverages; or 

(2) entertainment expenses for activities that are substantially of a recreational character, including but not limited 

to entrance fees at sporting events, theatrical and musical 

productions, and amusement parks. 

COLOMBIA

SEC. 649. (a) ASSISTANCE FOR COLOMBIA.—Of the funds appropriated in titles III and IV of this Act, not more than $545,608,000 

shall be available for assistance for Colombia. 

(b) FUNDING AMOUNTS AND NOTIFICATION.—Funds appropriated 

by this Act that are available for assistance for Colombia shall 

be made available in the amounts indicated in the table in the 

accompanying explanatory statement described in section 4 (in the 

matter preceding division A of this consolidated Act) and any proposed increases or decreases to the amounts contained in such 

table shall be subject to the regular notification procedures of the 

Committees on Appropriations. 

(c) ASSISTANCE FOR THE COLOMBIAN ARMED FORCES.— 

(1) FUNDING.—Funds appropriated by this Act that are 

available for assistance for the Colombian Armed Forces, may 

be made available as follows: 

(A) Up to 70 percent of such funds may be obligated 

prior to the certification and report by the Secretary of 

State pursuant to subparagraph (B). 

(B) Up to 15 percent of such funds may be obligated 

only after the Secretary of State consults with, and subsequently certifies and submits a written report to, the 

Committees on Appropriations that the Government of 

Colombia is meeting the requirements described in paragraph (2). 

Certification. 

Reports. 

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(2) REQUIREMENTS.—The requirements referred to in paragraph (1) are as follows: 

(A) The Commander General of the Colombian Armed 

Forces is suspending or placing on administrative duty, 

if requested by the prosecutor, those members of the Armed 

Forces, of whatever rank, who, according to the Minister 

of Defense, the Attorney General or the Procuraduria General de la Nacion, have been credibly alleged to have committed gross violations of human rights, including extrajudicial killings, or to have aided or abetted paramilitary 

organizations or successor armed groups. 

(B) The Government of Colombia is investigating and 

prosecuting, in the civilian justice system, those members 

of the Colombian Armed Forces, of whatever rank, who 

have been credibly alleged to have committed gross violations of human rights, including extra-judicial killings, or 

to have aided or abetted paramilitary organizations or successor armed groups. 

(C) The Colombian Armed Forces are cooperating fully 

with civilian prosecutors and judicial authorities in such 

cases (including providing requested information, such as 

the identity of persons suspended from the Armed Forces 

and the nature and cause of the suspension, and access 

to witnesses, relevant military documents, and other 

requested information). 

(D) The Colombian Armed Forces have taken all necessary steps to sever links (including denying access to 

military intelligence, vehicles, and other equipment or supplies, and ceasing other forms of active or tacit cooperation) 

at all levels, with paramilitary organizations or successor 

armed groups, especially in regions where such organizations have a significant presence. 

(E) The Government of Colombia is dismantling paramilitary leadership and financial networks by arresting 

and prosecuting under civilian criminal law individuals 

who have provided financial, planning, or logistical support, 

or have otherwise aided or abetted paramilitary organizations or successor armed groups; by identifying and seizing 

land and other assets illegally acquired by such organizations or their associates and returning such land or assets 

to their rightful occupants or owners; by revoking reduced 

sentences for demobilized paramilitaries who engage in 

new criminal activity; and by arresting and prosecuting 

under civilian criminal law, and when requested, promptly 

extraditing to the United States members of successor 

armed groups. 

(F) The Government of Colombia is ensuring that the 

Colombian Armed Forces are not violating the land and 

property rights of Colombia’s indigenous and Afro-Colombian communities, and that the Colombian Armed Forces 

are implementing procedures to distinguish between 

civilians, including displaced persons, and combatants in 

their operations. 

(3) The balance of such funds may be obligated after July 

31, 2008, if, before such date, the Secretary of State consults 

with, and submits a written certification to, the Committees 

Deadline. 

Certification. 

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on Appropriations that the Colombian Armed Forces are continuing to meet the requirements described in paragraph (2) 

and are conducting vigorous operations to restore civilian 

government authority and respect for human rights in areas 

under the effective control of paramilitary organizations or 

successor armed groups and guerrilla organizations. 

(4) CERTAIN FUNDS EXEMPTED.—The requirement to withhold funds from obligation shall not apply with respect to 

funds made available under the heading ‘‘Andean Counterdrug 

Programs’’ for continued support for the Critical Flight Safety 

Program or for any alternative development programs in 

Colombia administered by the Bureau of International Narcotics and Law Enforcement Affairs of the Department of State. 

(5) REPORT.—At the time the Secretary of State submits 

certifications pursuant to paragraphs (1)(B) and (3) of this 

subsection, the Secretary shall also submit to the Committees 

on Appropriations a report that contains, with respect to each 

such paragraph, a detailed description of the specific actions 

taken by both the Colombian Government and Colombian 

Armed Forces which support each requirement of the certification, and the cases or issues brought to the attention of 

the Secretary, including through the Department of State’s 

annual Country Reports on Human Rights Practices, for which 

the actions taken by the Colombian Government or Armed 

Forces have been determined by the Secretary of State to 

be inadequate. 

(d) CONSULTATIVE PROCESS.—Not later than 60 days after the 

date of enactment of this Act, and every 90 days thereafter until 

September 30, 2008, the Secretary of State shall consult with Colombian and internationally recognized human rights organizations 

regarding progress in meeting the requirements contained in subsection (c)(2). 

(e) ASSISTANCE FOR DEMOBILIZATION AND DISARMAMENT OF

FORMER COMBATANTS IN COLOMBIA.— 

(1) AVAILABILITY OF FUNDS.—Of the funds appropriated 

in this Act under the heading ‘‘Economic Support Fund’’, up 

to $11,442,000 may be made available in fiscal year 2008 for 

assistance for the disarmament, demobilization, and reintegration of former members of foreign terrorist organizations (FTOs) 

in Colombia, if the Secretary of State consults with and makes 

a certification described in paragraph (2) to the Committees 

on Appropriations prior to the initial obligation of amounts 

for such assistance for the fiscal year involved. 

(2) CERTIFICATION.—A certification described in this subsection is a certification that— 

(A) assistance for the fiscal year will be provided only 

for individuals who have: (i) verifiably renounced and 

terminated any affiliation or involvement with FTOs or 

other illegal armed groups; (ii) are meeting all the requirements of the Colombia demobilization program, including 

having disclosed their involvement in past crimes and their 

knowledge of the FTO’s structure, financing sources, illegal 

assets, and the location of kidnapping victims and bodies 

of the disappeared; and (iii) are not involved in acts of 

intimidation or violence; 

(B) the Government of Colombia is providing full 

cooperation to the Government of the United States to 

Deadlines. 

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121 STAT. 2340 PUBLIC LAW 110–161—DEC. 26, 2007 

extradite the leaders and members of the FTOs who have 

been indicted in the United States for murder, kidnapping, 

narcotics trafficking, or other violations of United States 

law, and is extraditing to the United States those commanders, leaders and members indicted in the United 

States who have breached the terms of the Colombian 

demobilization program, including by failing to fully confess 

their crimes, failing to disclose their illegal assets, or 

committing new crimes since the approval of the Justice 

and Peace Law; 

(C) the Government of Colombia is not knowingly 

taking any steps to legalize the titles of land or other 

assets illegally obtained and held by FTOs, their associates, 

or successors, has established effective procedures to identify such land and other assets, and is seizing and returning 

such land and other assets to their rightful occupants or 

owners; 

(D) the Government of Colombia is implementing a 

concrete and workable framework for dismantling the 

organizational structures of foreign terrorist organizations; 

and 

(E) funds shall not be made available as cash payments 

to individuals and are available only for activities under 

the following categories: verification, reintegration 

(including training and education), vetting, recovery of 

assets for reparations for victims, and investigations and 

prosecutions. 

(f) ILLEGAL ARMED GROUPS.— 

(1) DENIAL OF VISAS TO SUPPORTERS OF COLOMBIAN ILLEGAL

ARMED GROUPS.—Subject to paragraph (2), the Secretary of 

State shall not issue a visa to any alien who the Secretary 

determines, based on credible evidence— 

(A) has willfully provided any support to the Revolutionary Armed Forces of Colombia (FARC), the National 

Liberation Army (ELN), the United Self-Defense Forces 

of Colombia (AUC), or successor armed groups, including 

taking actions or failing to take actions which allow, facilitate, or otherwise foster the activities of such groups; or 

(B) has committed, ordered, incited, assisted, or otherwise participated in the commission of a gross violation 

of human rights, including extra-judicial killings, in 

Colombia. 

(2) WAIVER.—Paragraph (1) shall not apply if the Secretary 

of State certifies to the Committees on Appropriations, on a 

case-by-case basis, that the issuance of a visa to the alien 

is necessary to support the peace process in Colombia or for 

urgent humanitarian reasons. 

(g) DEFINITIONS.—In this section: 

(1) AIDED OR ABETTED.—The term ‘‘aided or abetted’’ means 

to provide any support to paramilitary or successor armed 

groups, including taking actions which allow, facilitate, or 

otherwise foster the activities of such groups. 

(2) PARAMILITARY GROUPS.—The term ‘‘paramilitary 

groups’’ means illegal self-defense groups and illegal security 

cooperatives, including those groups and cooperatives that have 

formerly demobilized but continue illegal operations, as well 

as parts thereof. 

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(3) FOREIGN TERRORIST ORGANIZATION.—The term ‘‘foreign 

terrorist organization’’ means an organization designated as 

a terrorist organization under section 219 of the Immigration 

and Nationality Act. 

LIMITATION ON ASSISTANCE TO THE PALESTINIAN AUTHORITY

SEC. 650. (a) PROHIBITION OF FUNDS.—None of the funds appropriated by this Act to carry out the provisions of chapter 4 of 

part II of the Foreign Assistance Act of 1961 may be obligated 

or expended with respect to providing funds to the Palestinian 

Authority. 

(b) WAIVER.—The prohibition included in subsection (a) shall 

not apply if the President certifies in writing to the Speaker of 

the House of Representatives, the President pro tempore of the 

Senate, and the Committees on Appropriations that waiving such 

prohibition is important to the national security interests of the 

United States. 

(c) PERIOD OF APPLICATION OF WAIVER.—Any waiver pursuant 

to subsection (b) shall be effective for no more than a period of 

6 months at a time and shall not apply beyond 12 months after 

the enactment of this Act. 

(d) REPORT.—Whenever the waiver authority pursuant to subsection (b) is exercised, the President shall submit a report to 

the Committees on Appropriations detailing the justification for 

the waiver, the purposes for which the funds will be spent, and 

the accounting procedures in place to ensure that the funds are 

properly disbursed. The report shall also detail the steps the Palestinian Authority has taken to arrest terrorists, confiscate weapons 

and dismantle the terrorist infrastructure. 

LIMITATION ON ASSISTANCE TO SECURITY FORCES

SEC. 651. Chapter 1 of part III of the Foreign Assistance 

Act of 1961 is amended by adding the following section: 

‘‘SEC. 620J. LIMITATION ON ASSISTANCE TO SECURITY FORCES. 

‘‘(a) IN GENERAL.—No assistance shall be furnished under this 

Act or the Arms Export Control Act to any unit of the security 

forces of a foreign country if the Secretary of State has credible 

evidence that such unit has committed gross violations of human 

rights. 

‘‘(b) EXCEPTION.—The prohibition in subsection (a) shall not 

apply if the Secretary determines and reports to the Committee 

on Foreign Relations of the Senate, the Committee on Foreign 

Affairs of the House of Representatives, and the Committees on 

Appropriations that the government of such country is taking effective measures to bring the responsible members of the security 

forces unit to justice. 

‘‘(c) DUTY TO INFORM.—In the event that funds are withheld 

from any unit pursuant to this section, the Secretary of State 

shall promptly inform the foreign government of the basis for such 

action and shall, to the maximum extent practicable, assist the 

foreign government in taking effective measures to bring the responsible members of the security forces to justice.’’. 

22 USC 2378d. 

President. 

President. 

Certification. 


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FOREIGN MILITARY TRAINING REPORT

SEC. 652. The annual foreign military training report required 

by section 656 of the Foreign Assistance Act of 1961 shall be 

submitted by the Secretary of Defense and the Secretary of State 

to the Committees on Appropriations by the date specified in that 

section. 

AUTHORIZATION REQUIREMENT

SEC. 653. Funds appropriated by this Act, except funds appropriated under the headings ‘‘Trade and Development Agency’’ and 

‘‘Overseas Private Investment Corporation’’, may be obligated and 

expended notwithstanding section 10 of Public Law 91–672 and 

section 15 of the State Department Basic Authorities Act of 1956. 

LIBYA

SEC. 654. (a) None of the funds appropriated or otherwise 

made available by this Act shall be obligated or expended to finance 

directly any assistance for Libya. 

(b) The prohibition of subsection (a) shall no longer apply 

if the Secretary of State certifies to the Committees on Appropriations that the Government of Libya has made the final settlement 

payments to the Pan Am 103 victims’ families, paid to the LaBelle 

Disco bombing victims the agreed upon settlement amounts, and 

is engaging in good faith settlement discussions regarding other 

relevant terrorism cases. 

(c) Not later than 180 days after enactment of this Act, the 

Secretary shall submit a report to the Committees on Appropriations describing (1) actions taken by the Department of State to 

facilitate a resolution of these cases; and (2) United States commercial activities in Libya’s energy sector. 

PALESTINIAN STATEHOOD

SEC. 655. (a) LIMITATION ON ASSISTANCE.—None of the funds 

appropriated under titles II through V of this Act may be provided 

to support a Palestinian state unless the Secretary of State determines and certifies to the appropriate congressional committees 

that— 

(1) the governing entity of a new Palestinian state— 

(A) has demonstrated a firm commitment to peaceful 

co-existence with the State of Israel; 

(B) is taking appropriate measures to counter terrorism 

and terrorist financing in the West Bank and Gaza, 

including the dismantling of terrorist infrastructures, and 

is cooperating with appropriate Israeli and other appropriate security organizations; and 

(2) the Palestinian Authority (or the governing entity of 

a new Palestinian state) is working with other countries in 

the region to vigorously pursue efforts to establish a just, 

lasting, and comprehensive peace in the Middle East that will 

enable Israel and an independent Palestinian state to exist 

within the context of full and normal relationships, which 

should include— 

(A) termination of all claims or states of belligerency; 

(B) respect for and acknowledgement of the sovereignty, territorial integrity, and political independence 

Certification. 

Deadline. 

Reports. 

Certification. 

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of every state in the area through measures including 

the establishment of demilitarized zones; 

(C) their right to live in peace within secure and recognized boundaries free from threats or acts of force; 

(D) freedom of navigation through international waterways in the area; and 

(E) a framework for achieving a just settlement of 

the refugee problem. 

(b) SENSE OF CONGRESS.—It is the sense of Congress that 

the governing entity should enact a constitution assuring the rule 

of law, an independent judiciary, and respect for human rights 

for its citizens, and should enact other laws and regulations 

assuring transparent and accountable governance. 

(c) WAIVER.—The President may waive subsection (a) if he 

determines that it is important to the national security interests 

of the United States to do so. 

(d) EXEMPTION.—The restriction in subsection (a) shall not 

apply to assistance intended to help reform the Palestinian 

Authority and affiliated institutions, or the governing entity, in 

order to help meet the requirements of subsection (a), consistent 

with the provisions of section 650 of this Act (‘‘Limitation on Assistance to the Palestinian Authority’’). 

PROHIBITION ON ASSISTANCE TO THE PALESTINIAN BROADCASTING

CORPORATION

SEC. 656. None of the funds appropriated or otherwise made 

available by this Act may be used to provide equipment, technical 

support, consulting services, or any other form of assistance to 

the Palestinian Broadcasting Corporation. 

WEST BANK AND GAZA ASSISTANCE

SEC. 657. (a) OVERSIGHT.—For fiscal year 2008, 30 days prior 

to the initial obligation of funds for the bilateral West Bank and 

Gaza Program, the Secretary of State shall certify to the Committees on Appropriations that procedures have been established to 

assure the Comptroller General of the United States will have 

access to appropriate United States financial information in order 

to review the uses of United States assistance for the Program 

funded under the heading ‘‘Economic Support Fund’’ for the West 

Bank and Gaza. 

(b) VETTING.—Prior to the obligation of funds appropriated 

by this Act under the heading ‘‘Economic Support Fund’’ for assistance for the West Bank and Gaza, the Secretary of State shall 

take all appropriate steps to ensure that such assistance is not 

provided to or through any individual, private or government entity, 

or educational institution that the Secretary knows or has reason 

to believe advocates, plans, sponsors, engages in, or has engaged 

in, terrorist activity nor, with respect to private entities or educational institutions, those that have as a principal officer of the 

entity’s governing board or governing board of trustees any individual that has been determined to be involved in, or advocating 

terrorist activity or determined to be a member of a designated 

foreign terrorist organization. The Secretary of State shall, as appropriate, establish procedures specifying the steps to be taken in 

carrying out this subsection and shall terminate assistance to any 

Procedures. 

Deadline. 

Certification. 

President. 

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individual, entity, or educational institution which she has determined to be involved in or advocating terrorist activity. 

(c) PROHIBITION.— 

(1) None of the funds appropriated under titles II through 

V of this Act for assistance under the West Bank and Gaza 

Program may be made available for the purpose of recognizing 

or otherwise honoring individuals who commit, or have committed acts of terrorism. 

(2) Notwithstanding any other provision of law, none of 

the funds made available by this or prior appropriations act, 

including funds made available by transfer, may be made available for obligation for security assistance for the West Bank 

and Gaza until the Secretary of State reports to the Committees 

on Appropriations on the benchmarks that have been established for security assistance for the West Bank and Gaza 

and reports on the extent of Palestinian compliance with such 

benchmarks. 

(d) AUDITS.— 

(1) The Administrator of the United States Agency for 

International Development shall ensure that Federal or nonFederal audits of all contractors and grantees, and significant 

subcontractors and sub-grantees, under the West Bank and 

Gaza Program, are conducted at least on an annual basis 

to ensure, among other things, compliance with this section. 

(2) Of the funds appropriated by this Act up to $500,000 

may be used by the Office of the Inspector General of the 

United States Agency for International Development for audits, 

inspections, and other activities in furtherance of the requirements of this subsection. Such funds are in addition to funds 

otherwise available for such purposes. 

(e) Subsequent to the certification specified in subsection (a), 

the Comptroller General of the United States shall conduct an 

audit and an investigation of the treatment, handling, and uses 

of all funds for the bilateral West Bank and Gaza Program in 

fiscal year 2008 under the heading ‘‘Economic Support Fund’’. The 

audit shall address— 

(1) the extent to which such Program complies with the 

requirements of subsections (b) and (c), and 

(2) an examination of all programs, projects, and activities 

carried out under such Program, including both obligations 

and expenditures. 

(f) Not later than 180 days after enactment of this Act, the 

Secretary of State shall submit a report to the Committees on 

Appropriations updating the report contained in section 2106 of 

chapter 2 of title II of Public Law 109–13. 

WAR CRIMINALS

SEC. 658. (a)(1) None of the funds appropriated or otherwise 

made available under titles II through V of this Act may be made 

available for assistance, and the Secretary of the Treasury shall 

instruct the United States Executive Director at each international 

financial institution to vote against any new project involving the 

extension by such institutions of any financial or technical assistance, to any country, entity, or municipality whose competent 

authorities have failed, as determined by the Secretary of State, 

Deadline. 

Reports. 

Reports. 


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to take necessary and significant steps to implement its international legal obligations to apprehend and transfer to the International Criminal Tribunal for the former Yugoslavia (the ‘‘Tribunal’’) all persons in their territory who have been indicted by 

the Tribunal and to otherwise cooperate with the Tribunal. 

(2) The provisions of this subsection shall not apply to humanitarian assistance or assistance for democratization. 

(b) The provisions of subsection (a) shall apply unless the 

Secretary of State determines and reports to the appropriate 

congressional committees that the competent authorities of such 

country, entity, or municipality are— 

(1) cooperating with the Tribunal, including access for 

investigators to archives and witnesses, the provision of documents, and the surrender and transfer of indictees or assistance 

in their apprehension; and 

(2) are acting consistently with the Dayton Accords. 

(c) Not less than 10 days before any vote in an international 

financial institution regarding the extension of any new project 

involving financial or technical assistance or grants to any country 

or entity described in subsection (a), the Secretary of the Treasury, 

in consultation with the Secretary of State, shall provide to the 

Committees on Appropriations a written justification for the proposed assistance, including an explanation of the United States 

position regarding any such vote, as well as a description of the 

location of the proposed assistance by municipality, its purpose, 

and its intended beneficiaries. 

(d) In carrying out this section, the Secretary of State, the 

Administrator of the United States Agency for International 

Development, and the Secretary of the Treasury shall consult with 

representatives of human rights organizations and all government 

agencies with relevant information to help prevent indicted war 

criminals from benefiting from any financial or technical assistance 

or grants provided to any country or entity described in subsection 

(a). 

(e) The Secretary of State may waive the application of subsection (a) with respect to projects within a country, entity, or 

municipality upon a written determination to the Committees on 

Appropriations that such assistance directly supports the 

implementation of the Dayton Accords. 

(f) DEFINITIONS.—As used in this section: 

(1) COUNTRY.—The term ‘‘country’’ means Bosnia and 

Herzegovina, Croatia and Serbia. 

(2) ENTITY.—The term ‘‘entity’’ refers to the Federation 

of Bosnia and Herzegovina, Kosovo, Montenegro and the 

Republika Srpska. 

(3) MUNICIPALITY.—The term ‘‘municipality’’ means a city, 

town or other subdivision within a country or entity as defined 

herein. 

(4) DAYTON ACCORDS.—The term ‘‘Dayton Accords’’ means 

the General Framework Agreement for Peace in Bosnia and 

Herzegovina, together with annexes relating thereto, done at 

Dayton, November 10 through 16, 1995. 

USER FEES

SEC. 659. The Secretary of the Treasury shall instruct the 

United States Executive Director at each international financial 

institution (as defined in section 1701(c)(2) of the International 

Waiver authority. 

Deadline. 

Submission. 

Applicability. 

Reports. 


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Financial Institutions Act) and the International Monetary Fund 

to oppose any loan, grant, strategy or policy of these institutions 

that would require user fees or service charges on poor people 

for primary education or primary healthcare, including prevention, 

care and treatment for HIV/AIDS, malaria, tuberculosis, and infant, 

child, and maternal well-being, in connection with the institutions’ 

financing programs. 

CONTRIBUTION TO THE UNITED NATIONS POPULATION FUND

SEC. 660. (a) LIMITATIONS ON AMOUNT OF CONTRIBUTION.— Of the amounts made available under ‘‘International Organizations 

and Programs’’ and ‘‘Global Health and Child Survival’’ accounts 

for fiscal year 2008, $40,000,000 shall be made available for the 

United Nations Population Fund (UNFPA): Provided, That of this 

amount, not less than $7,000,000 shall be derived from funds appropriated under the heading ‘‘International Organizations and Programs’’. 

(b) AVAILABILITY OF FUNDS.—Funds appropriated under the 

heading ‘‘International Organizations and Programs’’ in this Act 

that are available for UNFPA, that are not made available for 

UNFPA because of the operation of any provision of law, shall 

be transferred to the ‘‘Global Health and Child Survival’’ account 

and shall be made available for family planning, maternal, and 

reproductive health activities, subject to the regular notification 

procedures of the Committees on Appropriations. 

(c) PROHIBITION ON USE OF FUNDS IN CHINA.—None of the 

funds made available under this Act may be used by UNFPA 

for a country program in the People’s Republic of China. 

(d) CONDITIONS ON AVAILABILITY OF FUNDS.—Amounts made 

available under this Act for UNFPA may not be made available 

to UNFPA unless— 

(1) UNFPA maintains amounts made available to UNFPA 

under this section in an account separate from other accounts 

of UNFPA; 

(2) UNFPA does not commingle amounts made available 

to UNFPA under this section with other sums; and 

(3) UNFPA does not fund abortions. 

(e) REPORT TO CONGRESS AND DOLLAR-FOR-DOLLAR WITH- HOLDING OF FUNDS.— (1) Not later than 4 months after the date of enactment 

of this Act, the Secretary of State shall submit a report to 

the Committees on Appropriations indicating the amount of 

funds that the UNFPA is budgeting for the year in which 

the report is submitted for a country program in the People’s 

Republic of China. 

(2) If a report under paragraph (1) indicates that the 

UNFPA plans to spend funds for a country program in the 

People’s Republic of China in the year covered by the report, 

then the amount of such funds that the UNFPA plans to 

spend in the People’s Republic of China shall be deducted 

from the funds made available to the UNFPA after March 

1 for obligation for the remainder of the fiscal year in which 

the report is submitted. 

(f) Nothing in this section shall be construed to limit the 

authority of the President to deny funds to any organization by 

reason of the application of another provision of this Act or any 

other provision of law. 


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COMMUNITY-BASED POLICE ASSISTANCE

SEC. 661. (a) AUTHORITY.—Funds made available by title III 

of this Act to carry out the provisions of chapter 1 of part I 

and chapter 4 of part II of the Foreign Assistance Act of 1961, 

may be used, notwithstanding section 660 of that Act, to enhance 

the effectiveness and accountability of civilian police authority 

through training and technical assistance in human rights, the 

rule of law, strategic planning, and through assistance to foster 

civilian police roles that support democratic governance including 

assistance for programs to prevent conflict, respond to disasters, 

address gender-based violence, and foster improved police relations 

with the communities they serve. 

(b) NOTIFICATION.—Assistance provided under subsection (a) 

shall be subject to prior consultation with, and the regular notification procedures of, the Committees on Appropriations. 

SPECIAL DEBT RELIEF FOR THE POOREST

SEC. 662. (a) AUTHORITY TO REDUCE DEBT.—The President 

may reduce amounts owed to the United States (or any agency 

of the United States) by an eligible country as a result of— 

(1) guarantees issued under sections 221 and 222 of the 

Foreign Assistance Act of 1961; 

(2) credits extended or guarantees issued under the Arms 

Export Control Act; or 

(3) any obligation or portion of such obligation, to pay 

for purchases of United States agricultural commodities guaranteed by the Commodity Credit Corporation under export credit 

guarantee programs authorized pursuant to section 5(f) of the 

Commodity Credit Corporation Charter Act of June 29, 1948, 

as amended, section 4(b) of the Food for Peace Act of 1966, 

as amended (Public Law 89–808), or section 202 of the Agricultural Trade Act of 1978, as amended (Public Law 95–501). 

(b) LIMITATIONS.— 

(1) The authority provided by subsection (a) may be exercised only to implement multilateral official debt relief and 

referendum agreements, commonly referred to as ‘‘Paris Club 

Agreed Minutes’’. 

(2) The authority provided by subsection (a) may be exercised only in such amounts or to such extent as is provided 

in advance by appropriations Acts. 

(3) The authority provided by subsection (a) may be exercised only with respect to countries with heavy debt burdens 

that are eligible to borrow from the International Development 

Association, but not from the International Bank for 

Reconstruction and Development, commonly referred to as 

‘‘IDA-only’’ countries. 

(c) CONDITIONS.—The authority provided by subsection (a) may 

be exercised only with respect to a country whose government— 

(1) does not have an excessive level of military expenditures; 

(2) has not repeatedly provided support for acts of international terrorism; 

(3) is not failing to cooperate on international narcotics 

control matters; 


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(4) (including its military or other security forces) does 

not engage in a consistent pattern of gross violations of internationally recognized human rights; and 

(5) is not ineligible for assistance because of the application 

of section 527 of the Foreign Relations Authorization Act, Fiscal 

Years 1994 and 1995. 

(d) AVAILABILITY OF FUNDS.—The authority provided by subsection (a) may be used only with regard to the funds appropriated 

by this Act under the heading ‘‘Debt Restructuring’’. 

(e) CERTAIN PROHIBITIONS INAPPLICABLE.—A reduction of debt 

pursuant to subsection (a) shall not be considered assistance for 

the purposes of any provision of law limiting assistance to a country. 

The authority provided by subsection (a) may be exercised notwithstanding section 620(r) of the Foreign Assistance Act of 1961 or 

section 321 of the International Development and Food Assistance 

Act of 1975. 

AUTHORITY TO ENGAGE IN DEBT BUYBACKS OR SALES

SEC. 663. (a) LOANS ELIGIBLE FOR SALE, REDUCTION, OR CAN- CELLATION.— 

(1) AUTHORITY TO SELL, REDUCE, OR CANCEL CERTAIN

LOANS.—Notwithstanding any other provision of law, the President may, in accordance with this section, sell to any eligible 

purchaser any concessional loan or portion thereof made before 

January 1, 1995, pursuant to the Foreign Assistance Act of 

1961, to the government of any eligible country as defined 

in section 702(6) of that Act or on receipt of payment from 

an eligible purchaser, reduce or cancel such loan or portion 

thereof, only for the purpose of facilitating— 

(A) debt-for-equity swaps, debt-for-development swaps, 

or debt-for-nature swaps; or 

(B) a debt buyback by an eligible country of its own 

qualified debt, only if the eligible country uses an additional 

amount of the local currency of the eligible country, equal 

to not less than 40 percent of the price paid for such 

debt by such eligible country, or the difference between 

the price paid for such debt and the face value of such 

debt, to support activities that link conservation and 

sustainable use of natural resources with local community 

development, and child survival and other child development, in a manner consistent with sections 707 through 

710 of the Foreign Assistance Act of 1961, if the sale, 

reduction, or cancellation would not contravene any term 

or condition of any prior agreement relating to such loan. 

(2) TERMS AND CONDITIONS.—Notwithstanding any other 

provision of law, the President shall, in accordance with this 

section, establish the terms and conditions under which loans 

may be sold, reduced, or canceled pursuant to this section. 

(3) ADMINISTRATION.—The Facility, as defined in section 

702(8) of the Foreign Assistance Act of 1961, shall notify the 

administrator of the agency primarily responsible for administering part I of the Foreign Assistance Act of 1961 of purchasers that the President has determined to be eligible, and 

shall direct such agency to carry out the sale, reduction, or 

cancellation of a loan pursuant to this section. Such agency 

shall make adjustment in its accounts to reflect the sale, reduction, or cancellation. 

Notification. 

President. 

President. 


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(4) LIMITATION.—The authorities of this subsection shall 

be available only to the extent that appropriations for the 

cost of the modification, as defined in section 502 of the 

Congressional Budget Act of 1974, are made in advance. 

(b) DEPOSIT OF PROCEEDS.—The proceeds from the sale, reduction, or cancellation of any loan sold, reduced, or canceled pursuant 

to this section shall be deposited in the United States Government 

account or accounts established for the repayment of such loan. 

(c) ELIGIBLE PURCHASERS.—A loan may be sold pursuant to 

subsection (a)(1)(A) only to a purchaser who presents plans satisfactory to the President for using the loan for the purpose of engaging 

in debt-for-equity swaps, debt-for-development swaps, or debt-fornature swaps. 

(d) DEBTOR CONSULTATIONS.—Before the sale to any eligible 

purchaser, or any reduction or cancellation pursuant to this section, 

of any loan made to an eligible country, the President should 

consult with the country concerning the amount of loans to be 

sold, reduced, or canceled and their uses for debt-for-equity swaps, 

debt-for-development swaps, or debt-for-nature swaps. 

(e) AVAILABILITY OF FUNDS.—The authority provided by subsection (a) may be used only with regard to funds appropriated 

by this Act under the heading ‘‘Debt Restructuring’’. 

BASIC EDUCATION

SEC. 664. (a) IN GENERAL.—Of the funds appropriated by title 

III of this Act, not less than $700,000,000 shall be made available 

for assistance for developing countries for basic education, of which 

not less than $190,000,000 shall be provided and implemented 

in countries that have an approved national education plan. 

(b) COORDINATOR.—There shall be established within the 

Department of State in the immediate office of the Director of 

United States Foreign Assistance, a Coordinator of United States 

Government activities to provide basic education assistance in developing countries (hereinafter in this section referred to as the 

‘‘Coordinator’’). 

(c) RESPONSIBILITIES.—That the Coordinator shall have primary 

responsibility for the oversight and coordination of all resources 

and international activities of the United States Government that 

provide assistance in developing countries for basic education. The 

individual serving as the Coordinator may not hold any other position in the Federal Government during the individual’s time of 

service as Coordinator. 

(d) STRATEGY.—The President shall develop a comprehensive 

integrated United States Government strategy to provide assistance 

in developing countries for basic education within 90 days of enactment of this Act. 

(e) REPORT TO CONGRESS.—Not later than September 30, 2008, 

the Secretary of State shall report to the Committees on Appropriations on the implementation of United States Government assistance programs in developing countries for basic education. 

(f) Funds appropriated by title II of Public Law 109–102 and 

provided to the Comptroller General pursuant to section 567 of 

that Act shall be available until expended and are also available 

to the Comptroller General to conduct further evaluations of basic 

education programs in developing countries under the direction 

of the Committees on Appropriations. 

President. 

Deadline. 

Establishment. 

22 USC 2651a 

note. 


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RECONCILIATION PROGRAMS

SEC. 665. Of the funds appropriated by title III of this Act 

under the heading ‘‘Economic Support Fund’’, $16,000,000 shall 

be made available to support reconciliation programs which bring 

together individuals of different ethnic, religious and political backgrounds from areas of civil conflict and war, and an additional 

$9,000,000 shall be made available to support programs in the 

Middle East: Provided, That the Administrator of the United States 

Agency for International Development shall consult with the 

Committees on Appropriations, prior to the initial obligation of 

funds, on the most effective uses of such funds. 

SUDAN

SEC. 666. (a) LIMITATION ON ASSISTANCE.—Subject to subsection 

(b): 

(1) Notwithstanding any other provision of law, none of 

the funds appropriated by this Act may be made available 

for assistance for the Government of Sudan. 

(2) None of the funds appropriated by this Act may be 

made available for the cost, as defined in section 502, of the 

Congressional Budget Act of 1974, of modifying loans and loan 

guarantees held by the Government of Sudan, including the 

cost of selling, reducing, or canceling amounts owed to the 

United States, and modifying concessional loans, guarantees, 

and credit agreements. 

(b) Subsection (a) shall not apply if the Secretary of State 

determines and certifies to the Committees on Appropriations that: 

(1) The Government of Sudan honors its pledges to cease 

attacks upon civilians and disarms and demobilizes the 

Janjaweed and other government-supported militias. 

(2) The Government of Sudan and all government-supported militia groups are honoring their commitments made 

in all previous cease-fire agreements. 

(3) The Government of Sudan is allowing unimpeded access 

to Darfur to humanitarian aid organizations, the human rights 

investigation and humanitarian teams of the United Nations, 

including protection officers, and an international monitoring 

team that is based in Darfur and has the support of the 

United States. 

(c) EXCEPTIONS.—The provisions of subsection (a) shall not 

apply to— 

(1) humanitarian assistance; 

(2) assistance for the Darfur region, Southern Sudan, 

Southern Kordofan/Nuba Mountains State, Blue Nile State, 

and Abyei; and 

(3) assistance to support implementation of the Comprehensive Peace Agreement and the Darfur Peace Agreement or 

any other internationally-recognized viable peace agreement 

in Sudan. 

(d) DEFINITIONS.—For the purposes of this Act, the term 

‘‘Government of Sudan’’ shall not include the Government of 

Southern Sudan. 

(e) Notwithstanding any other law, assistance in this Act may 

be made available to the Government of Southern Sudan to provide 

non-lethal military assistance, military education and training, and 

Certification. 


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defense services controlled under the International Traffic in Arms 

Regulations (22 CRF 120.1 et seq.) if the Secretary of State— 

(1) determines that the provision of such items is in the 

national interest of the United States; and 

(2) not later than 15 days before the provision of any 

such assistance, notifies the Committees on Appropriations and 

the Committee on Foreign Relations in the Senate and the 

Committee on Foreign Affairs in the House of Representatives 

of such determination. 

(f) CHAD.—Notwithstanding any other provision of law, of the 

funds appropriated by this Act for assistance for Sudan, up to 

$5,000,000 shall be made available for administrative and other 

expenses of the United States Agency for International Development 

in Chad. 

TRADE CAPACITY BUILDING

SEC. 667. Of the funds appropriated by this Act, under the 

headings ‘‘Development Assistance’’, ‘‘Assistance for Eastern Europe 

and the Baltic States’’, ‘‘Economic Support Fund’’, ‘‘Andean 

Counterdrug Programs’’, and ‘‘Assistance for the Independent States 

of the Former Soviet Union’’, not less than $550,000,000 should 

be made available for trade capacity building assistance. 

TRANSPARENCY AND ACCOUNTABILITY

SEC. 668. (a) PUBLIC DISCLOSURE.—Ten percent of the funds 

appropriated in this Act under the heading ‘‘International Organizations and Programs’’ for a contribution to any United Nations 

agency may be withheld from disbursement if the Secretary of 

State reports to the Committees on Appropriations that such agency 

does not have or is not implementing a policy of posting on a 

publicly available website information such as: (1) audits, budget 

reports, and information related to procurement activities; (2) procedures for protecting whistleblowers; and (3) efforts to ensure the 

independence of internal oversight bodies, adopt international 

public sector accounting standards, and limit administrative costs. 

(b) UNITED NATIONS DEVELOPMENT PROGRAM.—Twenty percent 

of the funds appropriated by this Act under the heading ‘‘International Organizations and Programs’’ for a United States contribution to the United Nations Development Program (UNDP) shall 

be withheld from disbursement until the Secretary of State reports 

to the Committees on Appropriations that UNDP is— 

(1) giving adequate access to information to the Department 

of State regarding UNDP’s programs and activities as 

requested, including in North Korea and Burma; 

(2) conducting oversight of UNDP programs and activities 

globally; and 

(3) implementing a whistleblower protection policy equivalent to that recommended by the United Nations Secretary 

General on December 3, 2007. 

(c)(1) WORLD BANK.—Ten percent of the funds appropriated 

by this Act under the heading ‘‘International Development Association’’ shall be withheld from disbursement until the Secretary of 

the Treasury reports to the Committees on Appropriations that— 

(A) the World Bank has made publicly available, in an 

appropriate manner, financial disclosure forms of senior World 

Reports. 

Reports. 

Website. 

Deadline. 

Notification. 


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Bank personnel, including those at the level of managing 

director, vice president, and above; 

(B) the World Bank has established a plan and maintains 

a schedule for conducting regular, independent audits of 

internal management controls and procedures for meeting operational objectives, and is making reports describing the scope 

and findings of such audits available to the public; 

(C) the World Bank is adequately staffing and sufficiently 

funding the Department of Institutional Integrity; 

(D) the World Bank has made publicly available the reports 

of the Department of Institutional Integrity, and any subsequent review of corrective actions for such reports, including, 

but not limited to, the November 23, 2005 ‘‘Report of Investigation into Reproductive and Child Health I Project Credit N0180 

India’’, and the May 2006 report on Credit Number 3703 DRC, 

Grant number H193 DRC, and Grant number H010 DRC; and 

(E) the World Bank is implementing the recommendations 

of the ‘‘Volcker Panel’’ report in a timely manner. 

(2) ANTICORRUPTION PROVISIONS.—In addition to the funds 

withheld in subsection (b)(1), 10 percent of the funds appropriated 

by this Act under the heading ‘‘International Development Association’’ shall be withheld from disbursement until the Secretary of 

the Treasury reports to the Committees on Appropriations on the 

extent to which the World Bank has completed the following: 

(A) World Bank procurement guidelines, including the 

World Bank’s Standard Bidding Documents, have been applied 

to all procurement financed in whole or in part by a loan 

from the World Bank or a credit agreement or grant from 

the International Development Association (IDA); 

(B) the World Bank maintains a strong central procurement 

office staffed with senior experts who are designated to address 

commercial concerns, questions, and complaints regarding 

procurement procedures and payments under IDA and World 

Bank projects; 

(C) thresholds for international competitive bidding have 

been established to maximize international competitive bidding 

in accordance with sound procurement practices, including 

transparency, competition, and cost-effective results for the Borrowers; 

(D) the World Bank is consulting with the appropriate 

private and public sector representatives regarding 

implementation of the country procurement pilots outlined in 

the June 2007 report to the Board; and 

(E) all countries selected for the procurement pilot program 

must adhere to all World Bank anti-fraud and anti-corruption 

policies and must demonstrate a strong anti-fraud enforcement 

record. 

(d) REPORT.— 

(1)(A) The Comptroller General of the United States shall 

conduct an assessment of the programs and activities funded 

under the heading ‘‘Millennium Challenge Corporation’’ (MCC) 

in this Act and prior Acts making appropriations for foreign 

operations, export financing, and related programs to include 

a review of the financial controls and procurement practices 

of the Corporation and its accountable entities, and the results 

achieved by MCC’s compacts. 

Reports. 

Public 

information. 


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(B) Of the funds appropriated under the heading ‘‘Millennium Challenge Corporation’’ in this Act, up to $250,000 shall 

be made available to the Comptroller for the requirements 

of subsection (1)(A). 

(2)(A) The Comptroller General of the United States shall 

conduct an assessment of the HIV/AIDS programs and activities 

funded under the headings ‘‘Child Survival and Health Programs Fund’’, ‘‘Global HIV/AIDS Initiative’’, and ‘‘Global Health 

and Child Survival’’ in this Act and prior Acts making appropriations for foreign operations, export financing, and related 

programs to include a review of the procurement and results 

monitoring activities of United States bilateral HIV/AIDS programs. The assessment should also address the impact of Global 

HIV/AIDS Initiative funding on other United States global 

health programming. 

(B) Of the funds appropriated under the heading ‘‘Global 

Health and Child Survival’’, up to $125,000 shall be made 

available to the Comptroller for the requirements of subsection 

(2)(A). 

(e) NATIONAL BUDGET TRANSPARENCY.— 

(1) None of the funds appropriated by this Act may be 

made available for assistance for the central government of 

any country that fails to make publicly available on an annual 

basis its national budget, to include income and expenditures. 

(2) The Secretary of State may waive subsection (e)(1) 

if the Secretary reports to the Committees on Appropriations 

that to do so is in the national interests of the United States. 

(3) The reporting requirement pursuant to section 585(b) 

of Public Law 108–7 regarding fiscal transparency and accountability in countries whose central governments receive United 

States foreign assistance shall apply to this Act. 

EXCESS DEFENSE ARTICLES FOR CENTRAL AND SOUTH EUROPEAN

COUNTRIES AND CERTAIN OTHER COUNTRIES

SEC. 669. Notwithstanding section 516(e) of the Foreign Assistance Act of 1961 (22 U.S.C. 2321j(e)), during fiscal year 2008, 

funds available to the Department of Defense may be expended 

for crating, packing, handling, and transportation of excess defense 

articles transferred under the authority of section 516 of such 

Act to Albania, Afghanistan, Bulgaria, Croatia, Estonia, Former 

Yugoslavian Republic of Macedonia, Georgia, India, Iraq, 

Kazakhstan, Kyrgyzstan, Latvia, Lithuania, Moldova, Mongolia, 

Pakistan, Romania, Slovakia, Tajikistan, Turkmenistan, and 

Ukraine. 

GENDER-BASED VIOLENCE

SEC. 670. Programs funded under titles III and IV of this 

Act that provide training for foreign police, judicial, and military 

officials, shall include, where appropriate, programs and activities 

that address gender-based violence. 

Applicability. 

Waiver authority. 

Reports. 

HIV/AIDS. 


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LIMITATION ON ECONOMIC SUPPORT FUND ASSISTANCE FOR CERTAIN

FOREIGN GOVERNMENTS THAT ARE PARTIES TO THE INTERNATIONAL

CRIMINAL COURT

SEC. 671. (a) None of the funds made available in this Act 

under the heading ‘‘Economic Support Fund’’ may be used to provide 

assistance to the government of a country that is a party to the 

International Criminal Court and has not entered into an agreement 

with the United States pursuant to Article 98 of the Rome Statute 

preventing the International Criminal Court from proceeding 

against United States personnel present in such country. 

(b) The President may, with prior notice to Congress, waive 

the prohibition of subsection (a) with respect to a North Atlantic 

Treaty Organization (NATO) member country, a major non-NATO 

ally (including Australia, Egypt, Israel, Japan, Jordan, Argentina, 

the Republic of Korea, and New Zealand), Taiwan, or such other 

country as he may determine if he determines and reports to 

the appropriate congressional committees that it is important to 

the national interests of the United States to waive such prohibition. 

(c) The President may, with prior notice to Congress, waive 

the prohibition of subsection (a) with respect to a particular country 

if he determines and reports to the appropriate congressional 

committees that such country has entered into an agreement with 

the United States pursuant to Article 98 of the Rome Statute 

preventing the International Criminal Court from proceeding 

against United States personnel present in such country. 

(d) The prohibition of this section shall not apply to countries 

otherwise eligible for assistance under the Millennium Challenge 

Act of 2003, notwithstanding section 606(a)(2)(B) of such Act. 

WESTERN HEMISPHERE

SEC. 672. (a) CENTRAL AND SOUTH AMERICA.—Of the funds 

appropriated by this Act under the headings ‘‘Global Health and 

Child Survival’’ and ‘‘Development Assistance’’, not less than the 

amount of funds initially allocated for each such account pursuant 

to section 653(a) of the Foreign Assistance Act of 1961 for fiscal 

year 2007 shall be made available for El Salvador, Guatemala, 

Nicaragua, Honduras, Ecuador, Peru, Bolivia, Brazil, Latin America 

and Caribbean Regional, Central America Regional, and South 

America Regional: Provided, That for the purposes of this subsection, ‘‘Global Health and Child Survival’’ shall mean ‘‘Child 

Survival and Health Programs Fund’’. 

(b) HAITI.— 

(1) The Government of Haiti shall be eligible to purchase 

defense articles and services under the Arms Export Control 

Act (22 U.S.C. 2751 et seq.), for the Coast Guard. 

(2) Of the funds appropriated by this Act under titles 

III and IV, not less than $201,584,000 shall be available for 

assistance for Haiti. 

(3) None of the funds made available by this Act under 

the heading ‘‘International Narcotics Control and Law Enforcement’’ may be used to transfer excess weapons, ammunition 

or other lethal property of an agency of the United States 

Government to the Government of Haiti for use by the Haitian 

National Police until the Secretary of State certifies to the 

Committees on Appropriations that any members of the Haitian 

Certification. 

President. 

Notification. 

Waiver authority. 

Reports. 

President. 

Notification. 

Waiver authority. 

Reports. 


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National Police who have been credibly alleged to have committed serious crimes, including drug trafficking and human 

rights violations, have been suspended and the Haitian Government is cooperating in a reform and restructuring plan for 

the Haitian National Police and the reform of the judicial 

system as called for in United Nations Security Council Resolution 1608 adopted on June 22, 2005. 

(c) DOMINICAN REPUBLIC.—Of the funds appropriated by this 

Act under the headings ‘‘Global Health and Child Survival’’ and 

‘‘Development Assistance’’, not less than $23,000,000 shall be made 

available for assistance for the Dominican Republic, of which not 

less than $5,000,000 shall be made available for basic health care, 

nutrition, sanitation, education, and shelter for migrant workers 

and other residents of batey communities. 

(d) ASSISTANCE FOR GUATEMALA.— (1) Of the funds appropriated by this Act under the heading 

‘‘Economic Support Fund’’ that are available for assistance for 

Guatemala, not less than $4,000,000 shall be made available 

for a United States contribution to the International Commission Against Impunity in Guatemala (CICIG). 

(2) Funds appropriated by this Act under the heading 

‘‘International Military Education and Training’’ (IMET) that 

are available for assistance for Guatemala, other than for 

expanded IMET, may be made available only for the Guatemalan Air Force, Navy and Army Corps of Engineers: Provided, 

That assistance for the Guatemalan Army Corps of Engineers 

shall only be available for training to improve disaster response 

capabilities and to participate in international peacekeeping 

operations: Provided further, That such funds may be made 

available only if the Secretary of State certifies that the Guatemalan Air Force, Navy and Army Corps of Engineers are 

respecting human rights and are cooperating with civilian 

judicial investigations and prosecutions of current and retired 

military personnel who have been credibly alleged to have 

committed violations of human rights. 

(3) Of the funds appropriated by this Act under the heading 

‘‘Foreign Military Financing Program’’, not more than $500,000 

may be made available for the Guatemalan Air Force and 

Navy: Provided, That such funds may be made available only 

if the Secretary of State certifies that the Guatemalan Air 

Force and Navy are respecting human rights and are cooperating with civilian judicial investigations and prosecutions of 

current and retired military personnel who have been credibly 

alleged to have committed violations of human rights, and 

the Guatemalan Armed Forces are fully cooperating (including 

access for investigators, the provision of documents and other 

evidence, and testimony of witnesses) with the CICIG. 

(e) FREE TRADE AGREEMENTS.—Of the funds appropriated by 

this Act under the heading ‘‘Economic Support Fund’’, not less 

than $10,000,000 shall be made available for labor and environmental capacity building activities relating to the free trade agreements with countries of Central America and the Dominican 

Republic. 

(f) NOTIFICATION REQUIREMENT.—Funds made available in this 

Act for assistance for Guatemala and Haiti under the headings 

referred to in this section shall be subject to the regular notification 

procedures of the Committees on Appropriations. 

Certification. 

Certification. 


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ZIMBABWE

SEC. 673. The Secretary of the Treasury shall instruct the 

United States executive director to each international financial 

institution to vote against any extension by the respective institution of any loans to the Government of Zimbabwe, except to meet 

basic human needs or to promote democracy, unless the Secretary 

of State determines and certifies to the Committees on Appropriations that the rule of law has been restored in Zimbabwe, including 

respect for ownership and title to property, freedom of speech and 

association. 

DEVELOPMENT GRANTS PROGRAM

SEC. 674. (a) ESTABLISHMENT OF THE PROGRAM.—There is established within the United States Agency for International Development (USAID) a Development Grants Program (DGP) to provide 

small grants to United States and indigenous nongovernmental 

organizations for the purpose of carrying out the provisions of 

chapters 1 and 10 of part I and chapter 4 of part II of the Foreign 

Assistance Act of 1961. 

(b) ELIGIBILITY FOR GRANTS.—Grants from the DGP shall be 

made only for proposals of nongovernmental organizations. 

(c) COMPETITION.—Grants made pursuant to the authority of 

this section shall be provided through an open, transparent and 

competitive process. 

(d) SIZE OF PROGRAM AND INDIVIDUAL GRANTS.— 

(1) Of the funds appropriated by this Act to carry out 

chapter 1 of part I and chapter 4 of part II of the Foreign 

Assistance Act of 1961, not less than $50,000,000 shall be 

made available for purposes of this section: Provided, That 

not more than 50 percent of this amount shall be derived 

from funds appropriated to carry out chapter 1 of part I of 

such Act. 

(2) No individual organization can receive grants, or grant 

amendments, made pursuant to this section in excess of 

$2,000,000. 

(e) AVAILABILITY OF OTHER FUNDS.—Funds made available 

under this section are in addition to other funds available for 

such purposes including funds designated by this Act by section 

665. 

(f) DEFINITION.—For purposes of this section, the term ‘‘nongovernmental organization’’ means a private voluntary organization, 

and shall not include entities owned in whole or in part by a 

government or governmental entity. 

(g) REPORT.—Within 90 days from the date of enactment of 

this Act, and after consultation with the Committees on Appropriations, the Administrator of USAID shall submit a report to those 

Committees describing the procedures and mechanisms USAID will 

use to implement this section. 

DISASTER ASSISTANCE AND RECOVERY

SEC. 675. Funds made available to the Comptroller General 

under chapter 4 of title I of the Emergency Supplemental Appropriations Act (Public Law 106–31; 113 Stat. 69) and section 593 of 

the Foreign Operations, Export Financing, and Programs Agencies 

Appropriations Act, 2001 (Public Law 106–429; 114 Stat. 1900A– 

Certification. 

22 USC 2151 

note. 


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59) to monitor the provisions of assistance to address the effects 

of hurricanes in Central America and the Caribbean and the earthquake in Colombia, and to monitor the earthquake relief and 

reconstruction efforts in El Salvador under section 561 of the Foreign Operations, Export Financing, and Programs Agencies Appropriations Act, 2002 (Public Law 107–115; 115 Stat. 2162) shall 

also be available to the Comptroller General to monitor any other 

disaster assistance and recovery effort. 

UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT

MANAGEMENT

(INCLUDING TRANSFER OF FUNDS) 

SEC. 676. (a) AUTHORITY.—Up to $81,000,000 of the funds made 

available in title III of this Act to carry out the provisions of 

part I of the Foreign Assistance Act of 1961, including funds appropriated under the heading ‘‘Assistance for Eastern Europe and 

the Baltic States’’, may be used by the United States Agency for 

International Development (USAID) to hire and employ individuals 

in the United States and overseas on a limited appointment basis 

pursuant to the authority of sections 308 and 309 of the Foreign 

Service Act of 1980. 

(b) RESTRICTIONS.— (1) The number of individuals hired in any fiscal year 

pursuant to the authority contained in subsection (a) may not 

exceed 175. 

(2) The authority to hire individuals contained in subsection 

(a) shall expire on September 30, 2009. 

(c) CONDITIONS.—The authority of subsection (a) may only be 

used to the extent that an equivalent number of positions that 

are filled by personal services contractors or other non-direct hire 

employees of USAID, who are compensated with funds appropriated 

to carry out part I of the Foreign Assistance Act of 1961, including 

funds appropriated under the heading ‘‘Assistance for Eastern 

Europe and the Baltic States’’, are eliminated. 

(d) PRIORITY SECTORS.—In exercising the authority of this section, primary emphasis shall be placed on enabling USAID to meet 

personnel positions in technical skill areas currently encumbered 

by contractor or other non-direct hire personnel. 

(e) CONSULTATIONS.—The USAID Administrator shall consult 

with the Committees on Appropriations at least on a quarterly 

basis concerning the implementation of this section. 

(f) PROGRAM ACCOUNT CHARGED.—The account charged for the 

cost of an individual hired and employed under the authority of 

this section shall be the account to which such individual’s responsibilities primarily relate. Funds made available to carry out this 

section may be transferred to and merged and consolidated with 

funds appropriated for ‘‘Operating Expenses of the United States 

Agency for International Development’’. 

(g) MANAGEMENT REFORM PILOT.—Of the funds made available 

in subsection (a), USAID may use, in addition to funds otherwise 

available for such purposes, up to $15,000,000 to fund overseas 

support costs of members of the Foreign Service with a Foreign 

Service rank of four or below: Provided, That such authority is 

only used to reduce USAID’s reliance on overseas personal services 

contractors or other non-direct hire employees compensated with 

funds appropriated to carry out part I of the Foreign Assistance 

22 USC 3948 

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Act of 1961, including funds appropriated under the heading ‘‘Assistance for Eastern Europe and the Baltic States’’. 

(h) DISASTER SURGE CAPACITY.—Funds appropriated under title 

III of this Act to carry out part I of the Foreign Assistance Act 

of 1961, including funds appropriated under the heading ‘‘Assistance 

for Eastern Europe and the Baltic States’’, may be used, in addition 

to funds otherwise available for such purposes, for the cost 

(including the support costs) of individuals detailed to or employed 

by the United States Agency for International Development whose 

primary responsibility is to carry out programs in response to 

natural disasters. 

OPIC TRANSFER AUTHORITY

(INCLUDING TRANSFER OF FUNDS) 

SEC. 677. Whenever the President determines that it is in 

furtherance of the purposes of the Foreign Assistance Act of 1961, 

up to a total of $20,000,000 of the funds appropriated under title 

III of this Act may be transferred to and merged with funds appropriated by this Act for the Overseas Private Investment Corporation 

Program Account, to be subject to the terms and conditions of 

that account: Provided, That such funds shall not be available 

for administrative expenses of the Overseas Private Investment 

Corporation: Provided further, That designated funding levels in 

this Act shall not be transferred pursuant to this section: Provided 

further, That the exercise of such authority shall be subject to 

the regular notification procedures of the Committees on Appropriations. 

REPORTING REQUIREMENT

SEC. 678. The Secretary of State shall provide the Committees 

on Appropriations, not later than April 1, 2008, and for each fiscal 

quarter, a report in writing on the uses of funds made available 

under the headings ‘‘Foreign Military Financing Program’’, ‘‘International Military Education and Training’’, and ‘‘Peacekeeping 

Operations’’: Provided, That such report shall include a description 

of the obligation and expenditure of funds, and the specific country 

in receipt of, and the use or purpose of the assistance provided 

by such funds. 

INDONESIA

SEC. 679. (a) Of the funds appropriated by this Act under 

the heading ‘‘Foreign Military Financing Program’’ up to 

$15,700,000 may be made available for assistance for Indonesia 

as follows— 

(1) Of the amount provided in subsection (a), $13,000,000 

may be made available upon enactment of this Act. 

(2) Of the amount provided in subsection (a), $2,700,000 

may not be made available until the Secretary of State reports 

to the Committees on Appropriations— 

(A) on the steps taken by the Government of Indonesia 

on the following— 

(i) prosecution and punishment, in a manner 

proportional to the crime, for members of the Armed 

Forces who have been credibly alleged to have committed gross violations of human rights in Timor-Leste 

Reports. 

Notification. 

President. 


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and elsewhere, and cooperation by the Armed Forces 

with civilian judicial authorities and with international 

efforts to resolve cases of gross violations of human 

rights; and 

(ii) implementation by the Armed Forces of reforms 

to increase the transparency and accountability of their 

operations and financial management; and 

(B) that the Government of Indonesia has written plans 

to effectively provide accountability for past violations of 

human rights by members of the Armed Forces, and is 

implementing plans to effectively allow public access to 

Papua and to pursue the criminal investigation and provide 

the projected timeframe for completing the investigation 

of the murder of Munir Said Thalib. 

(b) Of the funds appropriated by this Act under the heading 

‘‘Economic Support Fund’’ that are available for assistance for Indonesia, not less than $250,000 should be made available for grants 

for capacity building of Indonesian human rights organizations, 

including in Papua. 

LIMITATION ON BASING IN IRAQ

SEC. 680. None of the funds made available in this Act may 

be used by the Government of the United States to enter into 

a permanent basing rights agreement between the United States 

and Iraq. 

PROHIBITION ON USE OF TORTURE

SEC. 681. None of the funds made available in this Act shall 

be used in any way whatsoever to support or justify the use of 

torture, cruel or inhumane treatment by any official or contract 

employee of the United States Government. 

REPORT ON INDONESIA

SEC. 682. Not later than 90 days after enactment of this Act, 

the Secretary of State shall submit a report to the Committees 

on Appropriations that describes— 

(1) the steps taken by the Government of Indonesia to 

deny promotion, suspend from active service, and pursue 

prosecution of military officers indicted for serious crimes, and 

the extent to which past and present Indonesian military officials are cooperating with domestic inquiries into human rights 

abuses, including the forced disappearance and killing of student activists in 1998 and 1999; 

(2) the responses of the Governments of Indonesia and 

Timor-Leste to the Final Report of the Commission for Reception, Truth and Reconciliation in Timor-Leste and the June 

2006 report of the report to the Secretary-General of the 

Commission of Experts to Review the Prosecution of Serious 

Violations of Human Rights in Timor-Leste in 1999; and 

(3) the steps taken by the Indonesian military to divest 

itself of illegal businesses. 

EXTRADITION

SEC. 683. (a) None of the funds appropriated in this Act for 

the Department of State may be used to provide assistance (other 


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than funds provided under the headings ‘‘International Narcotics 

Control and Law Enforcement’’, ‘‘Migration and Refugee Assistance’’, ‘‘Emergency Migration and Refugee Assistance’’, and ‘‘Nonproliferation, Anti-terrorism, Demining and Related Assistance’’) 

for the central government of a country which has notified the 

Department of State of its refusal to extradite to the United States 

any individual indicted for a criminal offense for which the maximum penalty is life imprisonment without the possibility of parole 

or for killing a law enforcement officer, as specified in a United 

States extradition request. 

(b) Subsection (a) shall only apply to the central government 

of a country with which the United States maintains diplomatic 

relations and with which the United States has an extradition 

treaty and the government of that country is in violation of the 

terms and conditions of the treaty. 

(c) The Secretary of State may waive the restriction in subsection (a) on a case-by-case basis if the Secretary certifies to 

the Committees on Appropriations that such waiver is important 

to the national interests of the United States. 

ENVIRONMENT AND ENERGY PROGRAMS

SEC. 684. (a) BIODIVERSITY.—Of the funds appropriated under the heading ‘‘Development Assistance’’, not less than $195,000,000 

shall be made available for programs and activities which directly 

protect biodiversity, including forests, in developing countries, of 

which not less than the amount of funds initially allocated pursuant 

to section 653(a) of the Foreign Assistance Act of 1961 for fiscal 

year 2006 shall be made available for such activities in Brazil, 

Colombia, Ecuador, Peru and Bolivia, and that in addition to such 

amounts for such countries not less than $15,000,000 shall be 

made available for the United States Agency for International 

Development’s Amazon Basin Conservation Initiative: Provided, 

That of the funds appropriated by this Act, not less than $2,000,000 

should be made available for wildlife conservation and protected 

area management in the Boma-Jonglei landscape of Southern 

Sudan, and not less than $17,500,000 shall be made available 

for the Congo Basin Forest Partnership of which not less than 

$2,500,000 shall be made available to the United States Fish and 

Wildlife Service for great apes conservation programs in Central 

Africa. 

(b) ENERGY.— (1) Of the funds appropriated by this Act, not less than $195,000,000 shall be made available to support clean energy 

and other climate change programs in developing countries, 

of which not less than $125,000,000 should be made available 

to directly promote and deploy energy conservation, energy 

efficiency, and renewable and clean energy technologies with 

an emphasis on small hydro, solar and wind energy, and of 

which the balance should be made available to directly: (1) 

reduce greenhouse gas emissions; (2) increase carbon sequestration activities; and (3) support climate change mitigation and 

adaptation programs. 

(2) The Secretary of State shall convene an interagency 

committee, including appropriate officials of the Department 

of State, the United States Agency for International Development, and the Environmental Protection Agency, to evaluate 

the specific needs of developing countries in adapting to climate 

Establishment. 

Applicability. 


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change impacts: Provided, That the Secretary shall submit 

a report to the Committees on Appropriations not later than 

September 1, 2008, describing such needs, on a country-bycountry and regional basis, and the actions planned and being 

taken by the United States, including funding provided to developing countries specifically for adaptation to climate change 

impacts. 

(c) EXTRACTION OF NATURAL RESOURCES.— (1) The Secretary of the Treasury shall inform the managements of the international financial institutions and the public 

that it is the policy of the United States that any assistance 

by such institutions (including but not limited to any loan, 

credit, grant, or guarantee) for the extraction and export of 

oil, gas, coal, timber, or other natural resource should not 

be provided unless the government of the country has in place 

functioning systems for: (A) accurately accounting for payments 

for companies involved in the extraction and export of natural 

resources; (B) the independent auditing of accounts receiving 

such payments and the widespread public dissemination of 

the findings of such audits; and (C) verifying government 

receipts against company payments including widespread 

dissemination of such payment information, and disclosing such 

documents as Host Government Agreements, Concession Agreements, and bidding documents, allowing in any such dissemination or disclosure for the redaction of, or exceptions for, information that is commercially proprietary or that would create 

competitive disadvantage. 

(2) Not later than 180 days after the enactment of this 

Act, the Secretary of the Treasury shall submit a report to 

the Committees on Appropriations describing, for each international financial institution, the amount and type of assistance 

provided, by country, for the extraction and export of oil, gas, 

coal, timber, or other natural resources since September 30, 

2006, and whether each institution considered, in its proposal 

for such assistance, the extent to which the country has functioning systems described in paragraph (c)(1). 

UZBEKISTAN

SEC. 685. (a) Funds appropriated by this Act may be made 

available for assistance for the central Government of Uzbekistan 

only if the Secretary of State determines and reports to the Committees on Appropriations that the Government of Uzbekistan is 

making substantial and continuing progress— 

(1) in meeting its commitments under the ‘‘Declaration 

on the Strategic Partnership and Cooperation Framework 

Between the Republic of Uzbekistan and the United States 

of America’’, including respect for human rights, establishing 

a genuine multi-party system, and ensuring free and fair elections, freedom of expression, and the independence of the media; 

and 

(2) in investigating and prosecuting the individuals responsible for the deliberate killings of civilians in Andijan in May 

2005. 

(b) If the Secretary of State has credible evidence that any 

current or former official of the Government of Uzbekistan was 

responsible for the deliberate killings of civilians in Andijan in 

May 2005, or for other gross violations of human rights in 

Deadline. 

Reports. 

Human rights. 

Deadline. 

Reports. 

Reports. 

Deadline. 


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Uzbekistan, not later than 6 months after enactment of this Act 

any person identified by the Secretary pursuant to this subsection 

shall be ineligible for admission to the United States. 

(c) The restriction in subsection (b) shall cease to apply if 

the Secretary determines and reports to the Committees on Appropriations that the Government of Uzbekistan has taken concrete 

and measurable steps to improve respect for internationally recognized human rights, including allowing peaceful political and religious expression, releasing imprisoned human rights defenders, 

and implementing recommendations made by the United Nations 

on torture. 

(d) The Secretary may waive the application of subsection (b) 

if the Secretary determines that admission to the United States 

is necessary to attend the United Nations or to further United 

States law enforcement objectives. 

(e) For the purpose of this section ‘‘assistance’’ shall include 

excess defense articles. 

REPRESSION IN THE RUSSIAN FEDERATION

SEC. 686. (a) None of the funds appropriated for assistance 

under this Act may be made available for the Government of 

the Russian Federation, after 180 days from the date of the enactment of this Act, unless the President determines and certifies 

in writing to the Committees on Appropriations that the Government of the Russian Federation: (1) has implemented no statute, 

Executive order, regulation or similar government action that would 

discriminate, or which has as its principal effect discrimination, 

against religious groups or religious communities in the Russian 

Federation in violation of accepted international agreements on 

human rights and religious freedoms to which the Russian Federation is a party; and (2) is (A) honoring its international obligations 

regarding freedom of expression, assembly, and press, as well as 

due process; (B) investigating and prosecuting law enforcement 

personnel credibly alleged to have committed human rights abuses 

against political leaders, activists and journalists; and (C) immediately releasing political leaders, activists and journalists who 

remain in detention. 

(b) The Secretary of State may waive the requirements of 

subsection (a) if the Secretary determines that to do so is important 

to the national interests of the United States. 

WAR CRIMES IN AFRICA

SEC. 687. (a) The Congress reaffirms its support for the efforts 

of the International Criminal Tribunal for Rwanda (ICTR) and 

the Special Court for Sierra Leone (SCSL) to bring to justice individuals responsible for war crimes and crimes against humanity in 

a timely manner. 

(b) Funds appropriated by this Act, including funds for debt 

restructuring, may be made available for assistance to the central 

government of a country in which individuals indicted by ICTR 

and SCSL are credibly alleged to be living, if the Secretary of 

State determines and reports to the Committees on Appropriations 

that such government is cooperating with ICTR and SCSL, 

including the surrender and transfer of indictees in a timely 

manner: Provided, That this subsection shall not apply to assistance 

provided under section 551 of the Foreign Assistance Act of 1961 

Waiver authority. 

Deadline. 

President. 

Certification. 

Waiver authority. 


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or to project assistance under title II of this Act: Provided further, 

That the United States shall use its voice and vote in the United 

Nations Security Council to fully support efforts by ICTR and 

SCSL to bring to justice individuals indicted by such tribunals 

in a timely manner. 

(c) The prohibition in subsection (b) may be waived on a country 

by country basis if the President determines that doing so is in 

the national security interest of the United States: Provided, That 

prior to exercising such waiver authority, the President shall submit 

a report to the Committees on Appropriations, in classified form 

if necessary, on— 

(1) the steps being taken to obtain the cooperation of the 

government in surrendering the indictee in question to the 

court of jurisdiction; 

(2) a strategy, including a timeline, for bringing the indictee 

before such court; and 

(3) the justification for exercising the waiver authority. 

COMBATTING PIRACY OF UNITED STATES COPYRIGHTED MATERIALS

SEC. 688. (a) PROGRAM AUTHORIZED.—The Secretary of State 

may carry out a program of activities to combat piracy in countries 

that are not members of the Organization for Economic Cooperation 

and Development, including activities as follows: 

(1) The provision of equipment and training for law enforcement, including in the interpretation of intellectual property 

laws. 

(2) The provision of training for judges and prosecutors, 

including in the interpretation of intellectual property laws. 

(3) The provision of assistance in complying with obligations under applicable international treaties and agreements 

on copyright and intellectual property. 

(b) CONSULTATION WITH WORLD INTELLECTUAL PROPERTY

ORGANIZATION.—In carrying out the program authorized by subsection (a), the Secretary shall, to the maximum extent practicable, 

consult with and provide assistance to the World Intellectual Property Organization in order to promote the integration of countries 

described in subsection (a) into the global intellectual property 

system. 

(c) FUNDING.—Of the amount appropriated or otherwise made 

available under the heading ‘‘International Narcotics Control and 

Law Enforcement’’, $5,000,000 may be made available in fiscal 

year 2008 for the program authorized by subsection (a). 

NEGLECTED TROPICAL DISEASES

SEC. 689. Of the funds appropriated under the heading ‘‘Global 

Health and Child Survival’’, not less than $15,000,000 shall be 

made available to support the United States Agency for International Development’s ongoing program to implement an 

integrated response to the control of neglected diseases including 

intestinal parasites, schistosomiasis, lymphatic filariasis, 

onchocerciasis, trachoma and leprosy: Provided, That the Administrator of the United States Agency for International Development 

shall consult with the Committees on Appropriations, representatives from the relevant international technical and nongovernmental 

organizations addressing the specific diseases, recipient countries, 

donor countries, the private sector, UNICEF and the World Health 

Waiver authority. 

President. 

Reports. 


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Organization: (1) on the most effective uses of such funds to demonstrate the health and economic benefits of such an approach; 

and (2) to develop a multilateral, integrated initiative to control 

these diseases that will enhance coordination and effectiveness 

and maximize the leverage of United States contributions with 

those of other donors: Provided further, That funds made available 

pursuant to this section shall be subject to the regular notification 

procedures of the Committees on Appropriations. 

EGYPT

SEC. 690. (a) Of the funds appropriated by this Act under 

the heading ‘‘Foreign Military Financing Program’’ or under the 

heading ‘‘Economic Support Fund’’ that are available for assistance 

for Egypt, $100,000,000 shall not be made available for obligation 

until the Secretary of State certifies and reports to the Committees 

on Appropriations that the Government of Egypt has taken concrete 

and measurable steps to— 

(1) adopt and implement judicial reforms that protect the 

independence of the judiciary; 

(2) review criminal procedures and train police leadership 

in modern policing to curb police abuses; and 

(3) detect and destroy the smuggling network and tunnels 

that lead from Egypt to Gaza. 

(b) Not less than 45 days after enactment of this Act, the 

Secretary may waive subsection (a) if the Secretary determines 

and reports to the Committees on Appropriations that such waiver 

is in the national security interest of the United States. 

RELIEF FOR IRAQI, MONTAGNARDS, HMONG AND OTHER REFUGEES

WHO DO NOT POSE A THREAT TO THE UNITED STATES

SEC. 691. (a) AMENDMENT TO AUTHORITY TO DETERMINE THE

BAR TO ADMISSION INAPPLICABLE.—Section 212(d)(3)(B)(i) of the 

Immigration and Nationality Act (8 U.S.C. 1182(d)(3)(B)(i)) is 

amended to read as follows: 

‘‘The Secretary of State, after consultation with the Attorney 

General and the Secretary of Homeland Security, or the Secretary 

of Homeland Security, after consultation with the Secretary of 

State and the Attorney General, may determine in such Secretary’s 

sole unreviewable discretion that subsection (a)(3)(B) shall not apply 

with respect to an alien within the scope of that subsection or 

that subsection (a)(3)(B)(vi)(III) shall not apply to a group within 

the scope of that subsection, except that no such waiver may be 

extended to an alien who is within the scope of subsection 

(a)(3)(B)(i)(II), no such waiver may be extended to an alien who 

is a member or representative of, has voluntarily and knowingly 

engaged in or endorsed or espoused or persuaded others to endorse 

or espouse or support terrorist activity on behalf of, or has voluntarily and knowingly received military-type training from a terrorist 

organization that is described in subclause (I) or (II) of subsection 

(a)(3)(B)(vi), and no such waiver may be extended to a group that 

has engaged terrorist activity against the United States or another 

democratic country or that has purposefully engaged in a pattern 

or practice of terrorist activity that is directed at civilians. Such 

a determination shall neither prejudice the ability of the United 

States Government to commence criminal or civil proceedings 

involving a beneficiary of such a determination or any other person, 

Effective date. 

Waiver authority. 

Reports. 

Notification. 


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nor create any substantive or procedural right or benefit for a 

beneficiary of such a determination or any other person. Notwithstanding any other provision of law (statutory or nonstatutory), 

including section 2241 of title 28, or any other habeas corpus 

provision, and sections 1361 and 1651 of such title, no court shall 

have jurisdiction to review such a determination or revocation 

except in a proceeding for review of a final order of removal pursuant to section 1252 of this title, and review shall be limited to 

the extent provided in section 1252(a)(2)(D). The Secretary of State 

may not exercise the discretion provided in this clause with respect 

to an alien at any time during which the alien is the subject 

of pending removal proceedings under section 1229a of this title.’’. 

(b) AUTOMATIC RELIEF FOR THE HMONG AND OTHER GROUPS

THAT DO NOT POSE A THREAT TO THE UNITED STATES.—For purposes of section 212(a)(3)(B) of the Immigration and Nationality 

Act (8 U.S.C. 1182(a)(3)(B)), the Karen National Union/Karen Liberation Army (KNU/KNLA), the Chin National Front/Chin National 

Army (CNF/CNA), the Chin National League for Democracy 

(CNLD), the Kayan New Land Party (KNLP), the Arakan Liberation 

Party (ALP), the Mustangs, the Alzados, the Karenni National 

Progressive Party, and appropriate groups affiliated with the 

Hmong and the Montagnards shall not be considered to be a terrorist organization on the basis of any act or event occurring before 

the date of enactment of this section. Nothing in this subsection 

may be construed to alter or limit the authority of the Secretary 

of State or the Secretary of Homeland Security to exercise his 

discretionary authority pursuant to section 212(d)(3)(B)(i) of the 

Immigration and Nationality Act (8 U.S.C. 1182(d)(3)(B)(i)). 

(c) TECHNICAL CORRECTION.—Section 212(a)(3)(B)(ii) of the 

Immigration and Nationality Act (8 U.S.C. 1182(a)(3)(B)(ii)) is 

amended by striking ‘‘Subclause (VII)’’ and inserting ‘‘Subclause 

(IX)’’. 

(d) DESIGNATION OF THE TALIBAN AS A TERRORIST ORGANIZATION.—For purposes of section 212(a)(3)(B) of the Immigration and 

Nationality Act (8 U.S.C. 1182(a)(3)(B)), the Taliban shall be considered to be a terrorist organization described in subclause (I) of 

clause (vi) of that section. 

(e) REPORT ON DURESS WAIVERS.—The Secretary of Homeland 

Security shall provide to the Committees on the Judiciary of the 

United States Senate and House of Representatives a report, not 

less than 180 days after the enactment of this Act and every 

year thereafter, which may include a classified annex, if appropriate, describing— 

(1) the number of individuals subject to removal from the 

United States for having provided material support to a terrorist group who allege that such support was provided under 

duress; 

(2) a breakdown of the types of terrorist organizations 

to which the individuals described in paragraph (1) have provided material support; 

(3) a description of the factors that the Department of 

Homeland Security considers when evaluating duress waivers; 

and 

(4) any other information that the Secretary believes that 

the Congress should consider while overseeing the Department’s application of duress waivers. 

8 USC 1182 note. 


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(f) EFFECTIVE DATE.—The amendments made by this section 

shall take effect on the date of enactment of this section, and 

these amendments and sections 212(a)(3)(B) and 212(d)(3)(B) of 

the Immigration and Nationality Act (8 U.S.C. 1182(a)(3)(B) and 

1182(d)(3)(B)), as amended by these sections, shall apply to— 

(1) removal proceedings instituted before, on, or after the 

date of enactment of this section; and 

(2) acts and conditions constituting a ground for inadmissibility, excludability, deportation, or removal occurring or 

existing before, on, or after such date. 

REPORT ON ANTI-CORRUPTION ACTIVITIES

SEC. 692. Not later than August 1, 2008, the Secretary of 

State, in consultation with the Administrator of the United States 

Agency for International Development and the Chief Executive 

Officer of the Millennium Challenge Corporation, shall submit to 

the Committees on Appropriations a report on the level of corruption 

in each country that receives development assistance appropriated 

in this Act. 

DEMOCRACY, THE RULE OF LAW, AND GOVERNANCE IN IRAN

SEC. 693. Of the funds appropriated in this Act, $60,000,000 

should be made available for programs to promote democracy, the 

rule of law, and governance in Iran. 

DENIAL OF VISAS RELATED TO REMOVAL OF ALIENS

SEC. 694. None of the funds made available in this Act may 

be expended in violation of section 243(d) of the Immigration and 

Nationality Act (8 U.S.C. 1253(d)) (relating to discontinuing 

granting visas to nationals of countries that are denying or delaying 

accepting aliens removed from the United States). 

UNITED NATIONS HUMAN RIGHTS COUNCIL

SEC. 695. (a) None of the funds appropriated by this Act may 

be made available for a United States contribution to the United 

Nations Human Rights Council. 

(b) The prohibition under subsection (a) shall not apply if— 

(1) the Secretary of State certifies to the Committees on 

Appropriations that the provision of funds to support the United 

Nations Human Rights Council is in the national interest of 

the United States; or 

(2) the United States is a member of the Human Rights 

Council. 

ATTENDANCE AT INTERNATIONAL CONFERENCES

SEC. 696. None of the funds made available in this Act may 

be used to send or otherwise pay for the attendance of more than 

50 employees of agencies or departments of the United States 

Government who are stationed in the United States, at any single 

international conference occurring outside the United States, unless 

the Secretary of State determines that such attendance is in the 

national interest: Provided, That for purposes of this section the 

term ‘‘international conference’’ shall mean a conference attended 

Certification. 

8 USC 1182 note. 


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by representatives of the United States Government and representatives of foreign governments, international organizations, or nongovernmental organizations. 

SAUDI ARABIA

SEC. 697. None of the funds appropriated or otherwise made 

available pursuant to this Act shall be obligated or expended to 

finance any assistance to Saudi Arabia: Provided, That the President may waive the prohibition of this section if the President 

certifies to the Committees on Appropriations, 15 days prior to 

the obligation of funds for assistance for Saudi Arabia, that Saudi 

Arabia is cooperating with efforts to combat international terrorism 

and that the proposed assistance will help facilitate that effort. 

CENTRAL ASIA

SEC. 698. (a) Funds appropriated by this Act may be made 

available for assistance for the Government of Kazakhstan only 

if the Secretary of State determines and reports to the Committees 

on Appropriations that the Government of Kazakhstan has made 

significant improvements in the protection of human rights and 

civil liberties during the preceding 6 month period, including by 

fulfilling obligations recommended by the Organization for Security 

and Cooperation in Europe (OSCE) in the areas of election procedures, media freedom, freedom of religion, free assembly and 

minority rights, and by meeting the commitments it made in connection with its assumption of the Chairmanship of the OSCE in 

2010. 

(b) The Secretary of State may waive subsection (a) if the 

Secretary determines and reports to the Committees on Appropriations that such a waiver is important to the national security 

of the United States. 

(c) Not later than October 1, 2008, the Secretary of State 

shall submit a report to the Committees on Appropriations and 

the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives describing 

the following: 

(1) The defense articles, defense services, and financial 

assistance provided by the United States to the countries of 

Central Asia during the 12-month period ending 30 days prior 

to submission of such report. 

(2) The use during such period of defense articles, defense 

services, and financial assistance provided by the United States 

by units of the armed forces, border guards, or other security 

forces of such countries. 

(d) For purposes of this section, the term ‘‘countries of Central 

Asia’’ means Uzbekistan, Kazakhstan, Kyrgyz Republic, Tajikistan, 

and Turkmenistan. 

DISABILITY PROGRAMS

SEC. 699. (a) Of the funds appropriated by this Act under 

the heading ‘‘Economic Support Fund’’, not less than $4,000,000 

shall be made available for programs and activities administered 

by the United States Agency for International Development 

(USAID) to address the needs and protect the rights of people 

with disabilities in developing countries, of which $1,500,000 should 

Deadline. 

Waiver authority. 

Kazakhstan. 

Reports. 

Human rights. 

President. 

Waiver authority. 

Certification. 

Deadline. 


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be made available to disability advocacy organizations that have 

expertise in working to protect the rights and increasing the 

independence and full participation of people with disabilities: Provided, That funds for disability advocacy organizations should be 

used for training and technical assistance for foreign disabled persons organizations in such areas as advocacy, education, independent living, and transportation, with the goal of promoting equal 

participation of people with disabilities in developing countries: 

Provided further, That USAID should seek to disburse at least 

25 percent of the funds made available pursuant to this subsection 

in the form of small grants. 

(b) Funds appropriated under the heading ‘‘Operating Expenses 

of the United States Agency for International Development’’ shall 

be made available to develop and implement training for staff 

in overseas USAID missions to promote the full inclusion and 

equal participation of people with disabilities in developing countries. 

(c) The Secretary of State, the Secretary of the Treasury, and 

the Administrator of USAID shall seek to ensure that, where appropriate, construction projects funded by this Act are accessible to 

people with disabilities and in compliance with the USAID Policy 

on Standards for Accessibility for the Disabled, or other similar 

accessibility standards. 

(d) Of the funds made available pursuant to subsection (a), 

not more than 7 percent may be for management, oversight and 

technical support. 

(e) Not later than 180 days after the date of enactment of 

this Act, and 180 days thereafter, the Administrator of USAID 

shall submit a report describing the programs, activities, and 

organizations funded pursuant to this section. 

ORPHANS, DISPLACED AND ABANDONED CHILDREN

SEC. 699A. Of the funds appropriated under title III of this 

Act, $3,000,000 should be made available for activities to improve 

the capacity of foreign government agencies and nongovernmental 

organizations to prevent child abandonment, address the needs 

of orphans, displaced and abandoned children and provide permanent homes through family reunification, guardianship and 

domestic adoptions: Provided, That funds made available under 

title III of this Act should be made available, as appropriate, consistent with— 

(1) the goal of enabling children to remain in the care 

of their family of origin, but when not possible, placing children 

in permanent homes through adoption; 

(2) the principle that such placements should be based 

on informed consent which has not been induced by payment 

or compensation; 

(3) the view that long-term foster care or institutionalization are not permanent options and should be used when no 

other suitable permanent options are available; and 

(4) the recognition that programs that protect and support 

families can reduce the abandonment and exploitation of children. 

Deadline. 

Reports. 


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ADVISOR FOR ACTIVITIES RELATING TO INDIGENOUS PEOPLES

INTERNATIONALLY

SEC. 699B. (a) ADVISOR.—After consultation with the Committees on Appropriations and not later than 90 days after the enactment of this Act, there shall be established within the Department 

of State in the immediate office of the Director of United States 

Foreign Assistance an Advisor for Activities Relating to Indigenous 

Peoples Internationally (hereinafter in this section referred to as 

the ‘‘Advisor’’), who shall be appointed by the Director. The Advisor 

shall report directly to the Director. 

(b) RESPONSIBILITIES.—The Advisor shall: 

(1) Advise the Director of United States Foreign Assistance 

and the Administrator of the United States Agency for International Development on matters relating to the rights and 

needs of indigenous peoples internationally and should represent the United States Government on such matters in 

meetings with foreign governments and multilateral institutions. 

(2) Provide for the oversight and coordination of all 

resources, programs, projects, and activities of the United 

States Government to protect the rights and address the needs 

of indigenous peoples internationally. 

(3) Develop and coordinate assistance strategies with specific goals, guidelines, benchmarks, and impact assessments 

(including support for local indigenous peoples’ organizations). 

(c) FUNDS.—Of the funds appropriated by this Act under the 

heading ‘‘Diplomatic and Consular Programs’’, not less than 

$250,000 shall be made available for implementing the provisions 

of this section. 

(d) REPORT.—Not later than one year after the enactment of 

this Act, the Secretary shall submit a report to the Committees 

on Appropriations describing progress made in implementing this 

section. 

CHILD SOLDIERS

SEC. 699C. (a) None of the funds appropriated or otherwise 

made available for foreign military financing, foreign military sales, 

direct commercial sales, or excess Defense articles by this Act 

or any other Act making appropriations for foreign operations, 

export financing, and related programs may be obligated or otherwise made available to the government of a country that is identified 

by the Department of State in the Department of State’s most 

recent Country Reports on Human Rights Practices as having 

governmental armed forces or government supported armed groups, 

including paramilitaries, militias, or civil defense forces, that recruit 

or use child soldiers. 

(b) The Secretary of State may provide assistance or defense 

articles otherwise prohibited under subsection (a) to a country upon 

certifying to the Committees on Appropriations that the government 

of such country has implemented effective measures to demobilize 

children from its forces or from government-supported armed groups 

and prohibit and prevent the future recruitment or use of child 

soldiers. 

Deadline. 

Establishment. 

22 USC 2651a 

note. 


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(c) The Secretary of State may waive the application to a 

country of the prohibition in subsection (a) if the Secretary determines and reports to the Committees on Appropriations that such 

waiver is important to the national interest of the United States. 

FUNDING FOR SERBIA

SEC. 699D. (a) Funds appropriated by this Act may be made 

available for assistance for the central Government of Serbia after 

May 31, 2008, if the President has made the determination and 

certification contained in subsection (c). 

(b) After May 31, 2008, the Secretary of the Treasury should 

instruct the United States executive directors to the international 

financial institutions to support loans and assistance to the Government of Serbia subject to the conditions in subsection (c). 

(c) The determination and certification referred to in subsection 

(a) is a determination by the President and a certification to the 

Committees on Appropriations that the Government of Serbia is— 

(1) cooperating with the International Criminal Tribunal 

for the former Yugoslavia including access for investigators, 

the provision of documents, timely information on the location, 

movement, and sources of financial support of indictees, and 

the surrender and transfer of indictees or assistance in their 

apprehension, including Ratko Mladic and Radovan Karadzic; 

(2) taking steps that are consistent with the Dayton Accords 

to end Serbian financial, political, security and other support 

which has served to maintain separate Republika Srpska 

institutions; and 

(3) taking steps to implement policies which reflect a 

respect for minority rights and the rule of law. 

(d) This section shall not apply to Kosovo, humanitarian assistance or assistance to promote democracy. 

PHILIPPINES

SEC. 699E. Of the funds appropriated by this Act under the 

heading ‘‘Foreign Military Financing Program’’, not to exceed 

$30,000,000 may be made available for assistance for the Philippines, of which $2,000,000 may only be made available after 

the Secretary of State reports to the Committees on Appropriations 

that— 

(1) the Philippine Government is implementing the recommendations of the United Nations Special Rapporteur on 

Extrajudicial, Summary or Arbitrary Executions; 

(2) the Philippine Government is implementing a policy 

of promoting military personnel who demonstrate professionalism and respect for human rights, and is investigating 

and prosecuting military personnel and others who have been 

credibly alleged to have committed extrajudicial executions or 

other violations of human rights; and 

(3) the Philippine military is not engaging in acts of intimidation or violence against members of legal organizations who 

advocate for human rights. 

PAKISTAN

SEC. 699F. (a) Of the funds appropriated by this Act under 

the heading ‘‘Foreign Military Financing Program’’, up to 

Reports. 

President. 

Certification. 

Waiver authority. 

Reports. 


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$300,000,000 may be made available for assistance for Pakistan 

as follows: 

(b) Of the amount provided in subsection (a), $250,000,000 

may be made available immediately for counter-terrorism and law 

enforcement activities directed against Al Qaeda and the Taliban 

and associated terrorist groups, and $50,000,000 may be made 

available for such purposes after the Secretary of State reports 

to the Committees on Appropriations that the Government of Pakistan— 

(1) is making concerted efforts to prevent Al Qaeda and 

associated terrorist groups from operating in the territory of 

Pakistan, including by eliminating terrorist training camps or 

facilities, arresting members of Al Qaeda and associated terrorist groups, and countering recruitment efforts; 

(2) is making concerted efforts to prevent the Taliban from 

using the territory of Pakistan as a sanctuary from which 

to launch attacks within Afghanistan, including by arresting 

Taliban leaders, stopping cross-border incursions, and countering recruitment efforts; and 

(3) is implementing democratic reforms, including— 

(A) restoring the Constitution of Pakistan and ensuring 

freedoms of expression and assembly and other civil liberties guaranteed by the Constitution; 

(B) releasing political detainees and allowing inclusive 

democratic elections; 

(C) ending harassment and detention of journalists, 

human rights defenders and government critics by security 

and intelligence forces; and 

(D) restoring an independent judiciary and ending 

interference in the judicial process. 

(c) Of the funds appropriated by this Act under the heading 

‘‘Economic Support Fund’’ for assistance for Pakistan, up to 

$5,000,000 may be used for administrative expenses of the United 

States Agency for International Development: Provided, That none 

of the funds appropriated by this Act may be made available for 

cash transfer assistance for Pakistan. 

SRI LANKA

SEC. 699G. (a) None of the funds appropriated by this Act 

under the heading ‘‘Foreign Military Financing Program’’ may be 

made available for assistance for Sri Lanka, no defense export 

license may be issued, and no military equipment or technology 

shall be sold or transferred to Sri Lanka pursuant to the authorities 

contained in this Act or any other Act, unless the Secretary of 

State certifies to the Committee on Appropriations that— 

(1) the Sri Lankan military is suspending and the Sri 

Lankan Government is bringing to justice members of the 

military who have been credibly alleged to have committed 

gross violations of human rights or international humanitarian 

law, including complicity in the recruitment of child soldiers; 

(2) the Sri Lankan Government is providing access to 

humanitarian organizations and journalists throughout the 

country consistent with international humanitarian law; and 

(3) the Sri Lankan Government has agreed to the establishment of a field presence of the Office of the United Nations 

Certification. 

Reports. 


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High Commissioner for Human Rights in Sri Lanka with sufficient staff and mandate to conduct full and unfettered monitoring throughout the country and to publicize its findings. 

(b) Subsection (a) shall not apply to technology or equipment 

made available for the limited purposes of maritime and air surveillance and communications. 

MULTILATERAL DEVELOPMENT BANKS

SEC. 699H. (a) WORLD BANK INSPECTION PANEL.—The Secretary 

of the Treasury shall instruct the United States Executive Director 

to the World Bank to inform the Bank of, and use the voice and 

vote of the United States to achieve transparency reforms of the 

selection process for members of the World Bank Inspection Panel, 

including— 

(1) posting Inspection Panel position vacancy announcements on the Inspection Panel’s website and in publications 

that have wide circulation in member countries; 

(2) making public official procedures for the selection of 

Inspection Panel vacancies; and 

(3) posting on the Inspection Panel’s website the names 

of the members of the selection committee and the name or 

names of the individuals proposed by the selection committee 

to the President of the World Bank. 

(b) AUTHORIZATIONS.— 

(1) Section 501(i) of title V of H.R. 3425 as enacted into 

law by section 1000(a)(5) of Public Law 106–113, as amended 

by section 591(b) of division D of Public Law 108–447, is further 

amended by striking ‘‘fiscal’’ and all that follows through 

‘‘which’’ and inserting in lieu thereof ‘‘fiscal years 2000–2010, 

which’’. 

(2) Section 801(b)(1)(ii) of Public Law 106–429, as amended 

by section 591(a)(2) of division D of Public Law 108–447, is 

further amended by striking ‘‘fiscal years 2004–2006’’ and by 

inserting in lieu thereof ‘‘fiscal years 2004–2010’’. 

MILLENNIUM CHALLENGE CORPORATION

SEC. 699I. (a) Section 607(b) of the Millennium Challenge Act 

of 2003 (22 U.S.C. 7706) is amended— 

(1) in paragraph (2)(B) by striking ‘‘and the sustainable 

management of natural resources’’; and 

(2) in paragraph (3)— 

(A) in subparagraph (A), by striking ‘‘and’’; 

(B) in subparagraph (B), by striking the period and 

inserting ‘‘; and’’; and 

(C) by adding the following subparagraph: 

‘‘(C) promote the protection of biodiversity and the 

transparent and sustainable management and use of natural resources.’’. 

(b)(1) The Chief Executive Officer of the Millennium Challenge 

Corporation shall, not later than 30 days following enactment of 

this Act, submit to the Committees on Appropriations a report 

on the proposed uses, on a country-by-country basis, of all funds 

appropriated under the heading ‘‘Millennium Challenge Corporation’’ in this Act or prior Acts making appropriations for foreign 

operations, export financing, and related programs projected to 

Deadline. 

Reports. 

114 Stat. 1900A– 

64. 

22 USC 2395a 

note. 


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be obligated and expended in fiscal year 2008 and subsequent 

fiscal years. 

(2) The report required in paragraph (1) shall include, at a 

minimum, a description of— 

(A) compacts in development, including the status of negotiations and the approximate range of value of the proposed 

compact; 

(B) compacts in implementation, including the projected 

expenditure and disbursement of compact funds during fiscal 

year 2008 and subsequent fiscal years as determined by the 

country compact; 

(C) threshold country programs in development, including 

the approximate range of value of the threshold country agreement; 

(D) threshold country programs in implementation; 

(E) use of administrative funds. 

(3) The Chief Executive Officer of the Millennium Challenge 

Corporation shall notify the Committees on Appropriations not later 

than 15 days prior to signing any new country compact or new 

threshold country program; terminating or suspending any country 

compact or threshold country program; or commencing negotiations 

for any new compact or threshold country program. 

(4) The report required in paragraph (1) shall be updated 

on a quarterly basis. 

CARRY FORWARD OF UNUSED SPECIAL IMMIGRANT VISAS

SEC. 699J. Section 1059(c) of the National Defense Authorization Act for Fiscal Year 2006 (8 U.S.C. 1101 note) is amended 

by adding at the end the following: 

‘‘(3) CARRY FORWARD.—If the numerical limitation described 

in paragraph (1) is not reached during a given fiscal year, 

the numerical limitation for the following fiscal year shall be 

increased by a number equal to the difference between the 

number of visas authorized for the given fiscal year and the 

number of aliens provided special immigrant status during 

the given fiscal year.’’. 

IRAQ

SEC. 699K. (a) None of the funds appropriated or otherwise 

made available by this Act may be made available for assistance 

for Iraq. 

(b) Subsection (a) shall not apply to funds appropriated by 

this Act under the heading ‘‘Economic Support Fund’’ that are 

made available to rescue Iraqi scholars and for the fund established 

by section 2108 of Public Law 109–13, to funds made available 

under the heading ‘‘Nonproliferation, Anti-Terrorism, Demining and 

Related Programs’’ for the removal and disposal of land mines 

and other unexploded ordnance, small arms and light weapons 

in Iraq, or for assistance for refugees and internally displaced 

persons. 

ANTI-KLEPTOCRACY

SEC. 699L. (a) In furtherance of the National Strategy to Internationalize Efforts Against Kleptocracy and Presidential Proclamation 7750, the Secretary of State shall compile and maintain a Records. 

8 USC 1182 note. 

Reports. 

Deadline. 

Notification. 

Deadline. 


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list of officials of foreign governments and their immediate family 

members who the Secretary determines there is credible evidence 

to believe have been involved in corruption relating to the extraction 

of natural resources in their countries. 

(b) Any individual on the list submitted under subsection (a) 

shall be ineligible for admission to the United States. 

(c) The Secretary may waive the application of subsection (a) 

if the Secretary determines that admission to the United States 

is necessary to attend the United Nations or to further United 

States law enforcement objectives, or that the circumstances which 

caused the individual to be included on the list have changed 

sufficiently to justify the removal of the individual from the list. 

(d) Not later than 90 days after enactment of this Act and 

180 days thereafter, the Secretary of State shall submit a report, 

in classified form if necessary, to the Committees on Appropriations 

describing the evidence considered in determining involvement 

pursuant to subsection (a). 

COMPREHENSIVE NUCLEAR THREAT REDUCTION AND SECURITY PLAN

SEC. 699M. (a) Not later than 180 days after the date of 

the enactment of this Act, the President shall submit to Congress 

a comprehensive nuclear threat reduction and security plan, in 

classified and unclassified forms— 

(1) for ensuring that all nuclear weapons and weaponsusable material at vulnerable sites are secure by 2012 against 

the threats that terrorists have shown they can pose; and 

(2) for working with other countries to ensure adequate 

accounting and security for such materials on an ongoing basis 

thereafter. 

(b) For each element of the accounting and security effort 

described under subsection (a)(2), the plan shall— 

(1) clearly designate agency and departmental responsibility and accountability; 

(2) specify program goals, with metrics for measuring 

progress, estimated schedules, and specified milestones to be 

achieved; 

(3) provide estimates of the program budget requirements 

and resources to meet the goals for each year; and 

(4) provide the strategy for diplomacy and related tools 

and authority to accomplish the program element; 

(5) provide a strategy for expanding the financial support 

and other assistance provided by other countries, particularly 

Russia, the European Union and its member states, China, 

and Japan, for the purposes of securing nuclear weapons and 

weapons-usable material worldwide; and 

(6) outline the progress in and impediments to securing 

agreement from all countries that possess nuclear weapons 

or weapons-usable material on a set of global nuclear security 

standards, consistent with their obligation to comply with 

United Nations Security Council Resolution 1540. 

PROHIBITION ON PROMOTION OF TOBACCO

SEC. 699N. None of the funds provided by this Act shall be 

available to promote the sale or export of tobacco or tobacco products, or to seek the reduction or removal by any foreign country 

of restrictions on the marketing of tobacco or tobacco products, 

Deadline. 

President. 

Deadline. 

Reports. 

Waiver authority. 


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except for restrictions which are not applied equally to all tobacco 

or tobacco products of the same type. 

UNOBLIGATED FUNDS RESCISSIONS

SEC. 699O. (a) Of the funds appropriated under the heading 

‘‘Subsidy Appropriation’’ for the Export-Import Bank of the United 

States that are available for tied-aid grants in title I of Public 

Law 107–115 and under such heading in prior Acts making appropriations for foreign operations, export financing, and related programs, $25,000,000 are rescinded. 

(b) Of the funds appropriated under the heading ‘‘Economic 

Support Fund’’ in prior Acts making appropriations for foreign 

operations, export financing, and related programs, $133,000,000 

are rescinded. 

ACROSS-THE-BOARD RESCISSION

SEC. 699P. (a) BILL-WIDE RESCISSIONS.—There is hereby 

rescinded an amount equal to .81 percent of the budget authority 

provided for fiscal year 2008 for any discretionary account in this 

Act. 

(b) PROPORTIONATE APPLICATION.—Any rescission made by subsection (a) shall be applied proportionately— 

(1) to each discretionary account and each item of budget 

authority described in subsection (a); and 

(2) within each such account and item, to each program, 

project, and activity (with programs, projects, and activities 

as delineated in the appropriation Act or accompanying 

explanatory statements for the relevant fiscal year covering 

such account or item, or for accounts and items not included 

in appropriation Acts, as delineated in the most recently submitted President’s budget). 

(c) OMB REPORT.—Within 30 days after the date of the enactment of this section, the Director of the Office of Management 

and Budget shall submit to the Committees on Appropriations 

a report specifying the account and amount of each rescission made 

pursuant to this section. 

(d) EXCEPTION.—The rescission in subsection (a) shall not apply 

to funds provided in this Act designated as described in section 

5 (in the matter preceding division A of this consolidated Act). 

This division may be cited as the ‘‘Department of State, Foreign 

Operations, and Related Programs Appropriations Act, 2008’’. 

DIVISION K—TRANSPORTATION, HOUSING AND URBAN DEVELOPMENT, AND RELATED AGENCIES APPROPRIATIONS 

ACT, 2008 

TITLE I 

DEPARTMENT OF TRANSPORTATION 

OFFICE OF THE SECRETARY

SALARIES AND EXPENSES

For necessary expenses of the Office of the Secretary, 

$91,782,000, of which not to exceed $2,310,000 shall be available 

for the immediate Office of the Secretary; not to exceed $730,000 

Department of 

Transportation 

Appropriations 

Act, 2008. 

Transportation, 

Housing and 

Urban 

Development, 

and Related 

Agencies 

Appropriations 

Act, 2008. 


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shall be available for the immediate Office of the Deputy Secretary; 

not to exceed $18,720,000 shall be available for the Office of the 

General Counsel; not to exceed $9,874,000 shall be available for 

the Office of the Under Secretary of Transportation for Policy; 

not to exceed $9,417,000 shall be available for the Office of the 

Assistant Secretary for Budget and Programs; not to exceed 

$2,383,000 shall be available for the Office of the Assistant Secretary for Governmental Affairs; not to exceed $23,750,000 shall 

be available for the Office of the Assistant Secretary for Administration; not to exceed $1,986,000 shall be available for the Office 

of Public Affairs; not to exceed $1,516,000 shall be available for 

the Office of the Executive Secretariat; not to exceed $1,335,000 

shall be available for the Office of Small and Disadvantaged Business Utilization; not to exceed $7,874,000 for the Office of Intelligence, Security, and Emergency Response; and not to exceed 

$11,887,000 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, $9,140,900. 

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, $13,883,900. 

WORKING CAPITAL FUND

Necessary expenses for operating costs and capital outlays of 

the Working Capital Fund, not to exceed $128,094,000, 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 

Notification. 


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House and Senate Committees on Appropriations and are approved 

by such Committees. 

MINORITY BUSINESS RESOURCE CENTER PROGRAM

For the cost of guaranteed loans, $370,000, 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, $523,000. 

MINORITY BUSINESS OUTREACH

For necessary expenses of Minority Business Resource Center 

outreach activities, $2,970,000, to remain available until September 

30, 2009: 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, $60,000,000, 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. 

COMPENSATION FOR AIR CARRIERS

(RESCISSION) 

Of the remaining unobligated balances under section 101(a)(2) of Public Law 107–42, $22,000,000 are rescinded. 

ADMINISTRATIVE PROVISIONS—OFFICE OF THE SECRETARY OF

TRANSPORTATION

SEC. 101. 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. 102. 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 


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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. 103. None of the funds made available under this Act 

may be obligated or expended to establish or implement a program 

under which essential air service communities are required to 

assume subsidy costs commonly referred to as the EAS local participation program. 

FEDERAL AVIATION ADMINISTRATION

OPERATIONS

(AIRPORT AND AIRWAY TRUST FUND) 

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, $8,740,000,000, of which $6,397,060,900 shall 

be derived from the Airport and Airway Trust Fund, of which 

not to exceed $6,969,638,000 shall be available for air traffic 

organization activities; not to exceed $1,082,602,000 shall be available for aviation safety activities; not to exceed $12,549,000 shall 

be available for commercial space transportation activities; not to 

exceed $100,593,000 shall be available for financial services activities; not to exceed $91,214,000 shall be available for human 

resources program activities; not to exceed $286,848,000 shall be 

available for region and center operations and regional coordination 

activities; not to exceed $162,351,000 shall be available for staff 

offices; and not to exceed $38,650,000 shall be available for information services: Provided, That not to exceed 2 percent of any budget 

activity, except for aviation safety 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 405 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 $6,000,000 of the funds provided for aviation safety activities to pay for staff increases in the Office of Aviation Flight 

Standards and the Office of Aircraft Certification: Provided further, 

That not later than March 31 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 for each day after March 31 that such 

report has not been submitted to the Congress: 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 

Deadlines. 

Reports. 

49 USC 44506 

note. 


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PUBLIC LAW 110–161—DEC. 26, 2007 121 STAT. 2379 

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 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 $8,500,000 shall be for the contract tower cost-sharing 

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 for aeronautical charting and cartography are available 

for activities conducted by, or coordinated through, the Working 

Capital Fund: Provided further, That none of the funds in this 

Act may be obligated or expended for an employee of the Federal 

Aviation Administration to purchase a store gift card or gift certificate through use of a Government-issued credit card. 

FACILITIES AND EQUIPMENT

(AIRPORT AND AIRWAY TRUST FUND) 

For necessary expenses, not otherwise provided for, for acquisition, establishment, technical support services, improvement by 

contract or purchase, and hire of air navigation and experimental 

facilities and equipment, as authorized under part A of subtitle 

VII of title 49, United States Code, including initial acquisition 

of necessary sites by lease or grant; engineering and service testing, 

including construction of test facilities and acquisition of necessary 

sites by lease or grant; construction and furnishing of quarters 

and related accommodations for officers and employees of the Federal Aviation Administration stationed at remote localities where 

such accommodations are not available; and the purchase, lease, 

or transfer of aircraft from funds available under this heading, 

including aircraft for aviation regulation and certification; to be 

derived from the Airport and Airway Trust Fund, $2,513,611,000, 

of which $2,053,638,000 shall remain available until September 

30, 2010, and of which $459,973,000 shall remain available until 

September 30, 2008: 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 2009 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 2009 

Investment plan. 


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121 STAT. 2380 PUBLIC LAW 110–161—DEC. 26, 2007 

through 2013, 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, $146,828,100, to be derived from the Airport 

and Airway Trust Fund and to remain available until September 

30, 2010: Provided, That there may be credited to this appropriation 

as offsetting collections, funds received from States, counties, 

municipalities, other public authorities, and private sources, which 

shall be available 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, $4,399,000,000 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 $3,514,500,000 

in fiscal year 2008, 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 $80,676,000 shall be obligated for administration, not 

less than $10,000,000 shall be available for the airport cooperative 

research program, not less than $18,712,000 shall be for Airport 

Technology Research and $10,000,000, to remain available until 

expended, shall be available and transferred to ‘‘Office of the Secretary, Salaries and Expenses’’ to carry out the Small Community 

Air Service Development Program. 


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PUBLIC LAW 110–161—DEC. 26, 2007 121 STAT. 2381 

(RESCISSION) 

Of the amounts authorized under sections 48103 and 48112 

of title 49, United States Code, $185,500,000 is rescinded from 

amounts authorized for the fiscal year ending September 30, 2007, 

and prior years; and $85,000,000 is rescinded from amounts authorized for the fiscal year ending September 30, 2008. 

ADMINISTRATIVE PROVISIONS—FEDERAL AVIATION ADMINISTRATION

SEC. 110. None of the funds in this Act may be used to compensate in excess of 425 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 2008. 

SEC. 111. None of the funds in this Act shall be used to 

pursue or adopt guidelines or regulations requiring airport sponsors 

to provide to the Federal Aviation Administration without cost 

building construction, maintenance, utilities and expenses, or space 

in airport sponsor-owned buildings for services relating to air traffic 

control, air navigation, or weather reporting: Provided, That the 

prohibition of funds in this section does not apply to negotiations 

between the agency and airport sponsors to achieve agreement 

on ‘‘below-market’’ rates for these items or to grant assurances 

that require airport sponsors to provide land without cost to the 

FAA for air traffic control facilities. 

SEC. 112. 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 2008, 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. 113. Amounts collected under section 40113(e) of title 

49, United States Code, shall be credited to the appropriation 

current at the time of collection, to be merged with and available 

for the same purposes of such appropriation. 

SEC. 114. (a) Section 44302(f)(1) of title 49, United States 

Code, is amended by striking ‘‘2006,’’ each place it appears and 

inserting ‘‘2008,’’. 

(b) Section 44303(b) of such title is amended by striking ‘‘2006,’’ 

and inserting ‘‘2008,’’. 

SEC. 115. None of the funds appropriated or limited by this 

Act may be used to change weight restrictions or prior permission 

rules at Teterboro airport in Teterboro, New Jersey. 

SEC. 116. EXTENSION OF TAXES AND EXPENDITURE AUTHORITY

RELATING TO AIRPORT AND AIRWAY TRUST FUND. (a) FUEL TAXES.— 

Subparagraph (B) of section 4081(d)(2) of the Internal Revenue 

Code of 1986 is amended by striking ‘‘September 30, 2007’’ and 

inserting ‘‘February 29, 2008’’. 

(b) TICKET TAXES.— (1) PERSONS.—Clause (ii) of section 4261(j)(1)(A) of such 

Code is amended by striking ‘‘September 30, 2007’’ and 

inserting ‘‘February 29, 2008’’. 

(2) PROPERTY.—Clause (ii) of section 4271(d)(1)(A) of such 

Code is amended by striking ‘‘September 30, 2007’’ and 

inserting ‘‘February 29, 2008’’. 

26 USC 4081. 


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121 STAT. 2382 PUBLIC LAW 110–161—DEC. 26, 2007 

(c) AIRPORT AND AIRWAY TRUST FUND EXPENDITURE

AUTHORITY.— 

(1) IN GENERAL.—Paragraph (1) of section 9502(d) of such 

Code is amended— 

(A) by striking ‘‘October 1, 2007’’ and inserting ‘‘March 

1, 2008’’, and 

(B) by inserting ‘‘or the Department of Transportation 

Appropriations Act, 2008’’ in subparagraph (A) before the 

semicolon at the end. 

(2) CONFORMING AMENDMENT.—Paragraph (2) of section 

9502(f) of such Code is amended by striking ‘‘October 1, 2007’’ 

and inserting ‘‘March 1, 2008’’. 

(d) EFFECTIVE DATE.—The amendments made by this section 

shall take effect on October 1, 2007. 

SEC. 117. LABOR INTEGRATION. (a) LABOR INTEGRATION.—With 

respect to any covered transaction involving two or more covered 

air carriers that results in the combination of crafts or classes 

that are subject to the Railway Labor Act (45 U.S.C. 151 et seq.), 

sections 3 and 13 of the labor protective provisions imposed by 

the Civil Aeronautics Board in the Allegheny-Mohawk merger (as 

published at 59 C.A.B. 45) shall apply to the integration of covered 

employees of the covered air carriers; except that— 

(1) if the same collective bargaining agent represents the 

combining crafts or classes at each of the covered air carriers, 

that collective bargaining agent’s internal policies regarding 

integration, if any, will not be affected by and will supersede 

the requirements of this section; and 

(2) the requirements of any collective bargaining agreement 

that may be applicable to the terms of integration involving 

covered employees of a covered air carrier shall not be affected 

by the requirements of this section as to the employees covered 

by that agreement, so long as those provisions allow for the 

protections afforded by sections 3 and 13 of the AlleghenyMohawk provisions. 

(b) DEFINITIONS.—In this section, the following definitions 

apply: 

(1) AIR CARRIER.—The term ‘‘air carrier’’ means an air 

carrier that holds a certificate issued under chapter 411 of 

title 49, United States Code. 

(2) COVERED AIR CARRIER.—The term ‘‘covered air carrier’’ 

means an air carrier that is involved in a covered transaction. 

(3) COVERED EMPLOYEE.—The term ‘‘covered employee’’ 

means an employee who— 

(A) is not a temporary employee; and 

(B) is a member of a craft or class that is subject 

to the Railway Labor Act (45 U.S.C. 151 et seq.). 

(4) COVERED TRANSACTION.—The term ‘‘covered transaction’’ means— 

(A) a transaction for the combination of multiple air 

carriers into a single air carrier; and which 

(B) involves the transfer of ownership or control of— 

(i) 50 percent or more of the equity securities (as 

defined in section 101 of title 11, United States Code) 

of an air carrier; or 

(ii) 50 percent or more (by value) of the assets 

of the air carrier. 

Applicability. 

49 USC 42112 

note. 

26 USC 4081 

note. 

26 USC 9502. 


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PUBLIC LAW 110–161—DEC. 26, 2007 121 STAT. 2383 

(c) APPLICATION.—This section shall not apply to any covered 

transaction involving a covered air carrier that took place before 

the date of enactment of this Act. 

(d) EFFECTIVENESS OF PROVISION.—This section shall become 

effective on the date of enactment of this Act and shall continue 

in effect in fiscal years after fiscal year 2008. 

FEDERAL HIGHWAY ADMINISTRATION

LIMITATION ON ADMINISTRATIVE EXPENSES

Not to exceed $377,556,000, together with advances and 

reimbursements received by the Federal Highway Administration, 

shall be paid in accordance with law from appropriations made 

available by this Act to the Federal Highway Administration for 

necessary expenses for administration and operation. 

FEDERAL-AID HIGHWAYS

(LIMITATION ON OBLIGATIONS) 

(HIGHWAY TRUST FUND) 

(INCLUDING TRANSFER OF FUNDS) 

None of the funds in this Act shall be available for the 

implementation or execution of programs, the obligations for which 

are in excess of $40,216,051,359 for Federal-aid highways and highway safety construction programs for fiscal year 2008: Provided, 

That within the $40,216,051,359 obligation limitation on Federalaid 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 2008: Provided further, That this limitation on transportation research programs shall not apply to any authority previously 

made available for obligation: 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. 

(ADDITIONAL OBLIGATION LIMITATION) 

(HIGHWAY TRUST FUND) 

For an additional amount of obligation limitation to be distributed for the purpose of section 144(e) of title 23, United States 

Code, $1,000,000,000: Provided, That such obligation limitation 

shall be used only for a purpose eligible for obligation with funds 

apportioned under such section and shall be distributed in accordance with the formula in such section: Provided further, That such 

23 USC 104 note. 


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121 STAT. 2384 PUBLIC LAW 110–161—DEC. 26, 2007 

obligation limitation shall remain available for a period of three 

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: Provided further, That 

in distributing obligation authority under this paragraph, the Secretary shall ensure that such obligation limitation shall supplement 

and not supplant each State’s planned obligations for such purposes. 

(LIQUIDATION OF CONTRACT AUTHORIZATION) 

(HIGHWAY TRUST FUND) 

For carrying out the provisions of title 23, United States Code, 

that are attributable to Federal-aid highways, not otherwise provided, including reimbursement for sums expended pursuant to 

the provisions of 23 U.S.C. 308, $41,955,051,359 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, $3,150,000,000 

are rescinded: Provided, That such rescission shall not apply to 

the funds distributed in accordance with sections 130(f) and 

104(b)(5) of title 23, United States Code; sections 133(d)(1) and 

163 of such title, as in effect on the day before the date of enactment 

of Public Law 109–59; and the first sentence of section 133(d)(3)(A) 

of such title. 

I–35W BRIDGE REPAIR AND RECONSTRUCTION

For necessary expenses to carry out the project for repair and 

reconstruction of the Interstate 35W bridge located in Minneapolis, 

Minnesota, that collapsed on August 1, 2007, as authorized under 

section 1(c) of Public Law 110–56, up to $195,000,000, as documented by the Minnesota Department of Transportation to remain 

available until expended: Provided, That the amount provided under 

this heading is designated as described in section 5 (in the matter 

preceding division A of this consolidated Act): Provided further, 

That the Federal share of the costs of any project funded using 

amounts made available under this section shall be 100 percent 

in accordance with section 1(b) of Public Law 110–56. 

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, $15,680,000, 

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, $14,014,000, to remain available until expended. 


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PUBLIC LAW 110–161—DEC. 26, 2007 121 STAT. 2385 

ADMINISTRATIVE PROVISIONS—FEDERAL HIGHWAY ADMINISTRATION

(INCLUDING RESCISSIONS) 

SEC. 120. (a) For fiscal year 2008, the Secretary of Transportation shall— 

(1) not distribute from the obligation limitation for Federalaid 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; the 

programs, projects and activities funded by the set aside authorized by section 129 of this Act; the Bureau of Transportation 

Statistics; and additional obligation limitation provided in this 

Act for the purpose of section 144(e) of title 23, United States 

Code; 

(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 Federalaid 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 

23 USC 104 note. 


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121 STAT. 2386 PUBLIC LAW 110–161—DEC. 26, 2007 

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 Federalaid 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 2008; 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 


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PUBLIC LAW 110–161—DEC. 26, 2007 121 STAT. 2387 

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 TRANSPOR- TATION 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 

Deadline. 


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121 STAT. 2388 PUBLIC LAW 110–161—DEC. 26, 2007 

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 Federalaid highways and highway safety construction. 

SEC. 122. Of the unobligated balances made available under 

sections 1103, 1104, 1105, 1106(a), 1106(b), 1107, and 1108 of 

Public Law 102–240, $1,292,287.73 are rescinded. 

SEC. 123. Of the unobligated balances made available under 

section 1602 of Public Law 105–178, $5,987,345.70 are rescinded. 

SEC. 124. Of the unobligated balances made available under 

section 188(a)(1) of title 23, United States Code, as in effect on 

the day before the date of enactment of Public Law 109–59, and 

under section 608(a)(1) of such title, $256,806,000 are rescinded. 

SEC. 125. Of the amounts made available under section 104(a) 

of title 23, United States Code, $43,358,601 are rescinded. 

SEC. 126. Of the unobligated balances of funds made available 

in fiscal year 2005 and prior fiscal years for the implementation 

or execution of programs for transportation research, training and 

education, and technology deployment including intelligent 

transportation systems, $239,801,603 are rescinded. 

SEC. 127. Of the amounts made available for ‘‘Highway Related 

Safety Grants’’ by section 402 of title 23, United States Code, 

and administered by the Federal Highway Administration, $11,314 

in unobligated balances are rescinded. 

SEC. 128. Of the unobligated balances made available under 

Public Law 101–516, Public Law 102–143, Public Law 103–331, 

Public Law 106–346, Public Law 107–87, and Public Law 108– 

7, $4,753,687.26 are rescinded. 

SEC. 129. Notwithstanding any other provision of law, the 

Secretary of Transportation shall set aside from revenue aligned 

budget authority authorized for fiscal year 2008 under section 110 

of title 23, United States Code, such sums as may be necessary 

for the programs, projects and activities at the level of 98 percent 

of the corresponding amounts identified under this section in the 

explanatory statement accompanying this Act: Provided, That funds 

set aside by this section, at the request of a State, shall be transferred by the Secretary to another Federal agency: Provided further, 

That the Federal share payable on account of any program, project, 

or activity carried out with funds set aside by this section shall 

be 100 percent: Provided further, That the sums set aside by this 

section shall remain available until expended: Provided further, 

That all funds set aside by this section shall be subject to any 

limitation on obligations for Federal-aid highways and highway 

safety construction programs set forth in this Act or any other 

Act: Provided further, That the obligation limitation made available 

for the programs, projects, and activities for which funds are set 

aside by this section shall remain available until used 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: Provided further, That amounts 

authorized for fiscal year 2008 for revenue aligned budget authority 


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PUBLIC LAW 110–161—DEC. 26, 2007 121 STAT. 2389 

under such section in excess of the amount set aside by the first 

clause of this section are rescinded. 

SEC. 130. Not less than 15 days prior to waiving, under her 

statutory authority, any Buy America requirement for Federalaid 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 therefor: Provided, That 

the Secretary shall provide an annual report to the Appropriations 

Committees of the Congress on any waivers granted under the 

Buy America requirements. 

SEC. 131. Notwithstanding any other provision of law, amounts 

authorized for fiscal year 2008 for programs under sections 1305 

and 1502 of Public Law 109–59 and section 503(b) of title 23, 

United States Code, are rescinded. 

FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION

MOTOR CARRIER SAFETY OPERATIONS AND PROGRAMS

(LIQUIDATION OF CONTRACT AUTHORIZATION) 

(LIMITATION ON OBLIGATIONS) 

(HIGHWAY TRUST FUND) 

(INCLUDING RESCISSION) 

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, $229,654,000, 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 $229,654,000, for ‘‘Motor 

Carrier Safety Operations and Programs’’, of which $8,900,000, 

to remain available for obligation until September 30, 2010, 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: Provided further, That $1,815,553 in unobligated balances are rescinded. 

MOTOR CARRIER SAFETY GRANTS

(LIQUIDATION OF CONTRACT AUTHORIZATION) 

(LIMITATION ON OBLIGATIONS) 

(HIGHWAY TRUST FUND) 

(INCLUDING RESCISSION) 

For payment of obligations incurred in carrying out sections 

31102, 31104(a), 31106, 31107, 31109, 31309, 31313 of title 49, 

Reports. 

Deadline. 

Notice. 

Public comments. 

23 USC 313 note. 


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121 STAT. 2390 PUBLIC LAW 110–161—DEC. 26, 2007 

United States Code, and sections 4126 and 4128 of Public Law 

109–59, $300,000,000, 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 $300,000,000, for ‘‘Motor 

Carrier Safety Grants’’; of which $202,000,000 shall be available 

for the motor carrier safety assistance program to carry out sections 

31102 and 31104(a) of title 49, United States Code; $25,000,000 

shall be available for the commercial driver’s license improvements 

program to carry out section 31313 of title 49, United States Code; 

$32,000,000 shall be available for the border enforcement grants 

program to carry out section 31107 of title 49, United States Code; 

$5,000,000 shall be available for the performance and registration 

information system management program to carry out sections 

31106(b) and 31109 of title 49, United States Code; $25,000,000 

shall be available for the commercial vehicle information systems 

and networks deployment program to carry out section 4126 of 

Public Law 109–59; $3,000,000 shall be available for the safety 

data improvement program to carry out section 4128 of Public 

Law 109–59; and $8,000,000 shall be available for the commercial 

driver’s license information system modernization program to carry 

out section 31309(e) of title 49, United States Code: 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: Provided further, That $11,260,214 

in unobligated balances are rescinded. 

MOTOR CARRIER SAFETY

(HIGHWAY TRUST FUND) 

(RESCISSION) 

Of the amounts made available under this heading in prior 

appropriations Acts, $32,187,720 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 Act, $5,212,858 in unobligated balances are 

rescinded. 

ADMINISTRATIVE PROVISIONS—FEDERAL MOTOR CARRIER SAFETY

ADMINISTRATION

SEC. 135. Funds appropriated or limited in this Act shall be 

subject to the terms and conditions stipulated in section 350 of 

Public Law 107–87 and section 6901 of Public Law 110–28, 

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. 

Reports. 


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PUBLIC LAW 110–161—DEC. 26, 2007 121 STAT. 2391 

SEC. 136. None of the funds made available under this Act 

may be used to establish a cross-border motor carrier demonstration 

program to allow Mexico-domiciled motor carriers to operate beyond 

the commercial zones along the international border between the 

United States and Mexico. 

NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION

OPERATIONS AND RESEARCH

For expenses necessary to discharge the functions of the Secretary, with respect to traffic and highway safety under subtitle 

C of title X of Public Law 109–59, chapter 301 of title 49, United 

States Code, and part C of subtitle VI of title 49, United States 

Code, $126,572,000, of which $26,156,000 shall remain available 

until September 30, 2010: Provided, That none of the funds appropriated by this Act may be obligated or expended to plan, finalize, 

or implement any rulemaking to add to section 575.104 of title 

49 of the Code of Federal Regulations any requirement pertaining 

to a grading standard that is different from the three grading 

standards (treadwear, traction, and temperature resistance) already 

in effect. 

OPERATIONS AND RESEARCH

(LIQUIDATION OF CONTRACT AUTHORIZATION) 

(LIMITATION ON OBLIGATIONS) 

(HIGHWAY TRUST FUND) 

For payment of obligations incurred in carrying out the provisions of 23 U.S.C. 403, $107,750,000, to be derived from the Highway Trust Fund (other than the Mass Transit Account) and to 

remain available until expended: Provided, That none of the funds 

in this Act shall be available for the planning or execution of 

programs the total obligations for which, in fiscal year 2008, are 

in excess of $107,750,000 for programs authorized under 23 U.S.C. 

403. 

NATIONAL DRIVER REGISTER

(LIQUIDATION OF CONTRACT AUTHORIZATION) 

(LIMITATION ON OBLIGATIONS) 

(HIGHWAY TRUST FUND) 

For payment of obligations incurred in carrying out chapter 

303 of title 49, United States Code, $4,000,000, to be derived from 

the Highway Trust Fund (other than the Mass Transit Account) 

and 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 total obligations for which, in fiscal 

year 2008, are in excess of $4,000,000 for the National Driver 

Register authorized under such chapter. 


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121 STAT. 2392 PUBLIC LAW 110–161—DEC. 26, 2007 

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, $599,250,000 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 2008, are in excess of $599,250,000 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 

$225,000,000 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; $131,000,000 shall be for ‘‘Alcohol-Impaired 

Driving Countermeasures Incentive Grant Program’’ under 23 

U.S.C. 410; $18,250,000 shall be for ‘‘Administrative Expenses’’ 

under section 2001(a)(11) of Public Law 109–59; $29,000,000 shall 

be for ‘‘High Visibility Enforcement Program’’ under section 2009 

of Public Law 109–59; $6,000,000 shall be for ‘‘Motorcyclist Safety’’ 

under section 2010 of Public Law 109–59; and $6,000,000 shall 

be for ‘‘Child Safety and Child Booster Seat Safety Incentive Grants’’ 

under section 2011 of Public Law 109–59: Provided further, That 

none of these funds shall be used for construction, rehabilitation, 

or remodeling costs, or for office furnishings and fixtures for State, 

local or private buildings or structures: Provided further, That 

not to exceed $500,000 of the funds made available for section 

410 ‘‘Alcohol-Impaired Driving Countermeasures Grants’’ shall be 

available for technical assistance to the States: Provided further, 

That not to exceed $750,000 of the funds made available for the 

‘‘High Visibility Enforcement Program’’ shall be available for the 

evaluation required under section 2009(f) of Public Law 109–59. 

ADMINISTRATIVE PROVISIONS—NATIONAL HIGHWAY

TRAFFIC SAFETY ADMINISTRATION

(INCLUDING RESCISSIONS) 

SEC. 140. Notwithstanding any other provision of law or limitation on the use of funds made available under section 403 of 

title 23, United States Code, an additional $130,000 shall be made 

available to the National Highway Traffic Safety Administration, 

out of the amount limited for section 402 of title 23, United States 

Code, to pay for travel and related expenses for State management 

reviews and to pay for core competency development training and 

related expenses for highway safety staff. 

SEC. 141. Of the amounts made available under the heading 

‘‘Operations and Research (Liquidation of Contract Authorization) 


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PUBLIC LAW 110–161—DEC. 26, 2007 121 STAT. 2393 

(Limitation on Obligations) (Highway Trust Fund)’’ in prior appropriations Acts, $12,197,113.60 in unobligated balances are 

rescinded. 

SEC. 142. Of the amounts made available under the heading 

‘‘National Driver Register (Liquidation of Contract Authorization) 

(Limitation on Obligations) (Highway Trust Fund)’’ in prior appropriations Acts, $119,914.61 in unobligated balances are rescinded. 

SEC. 143. Of the amounts made available under the heading 

‘‘Highway Traffic Safety Grants (Liquidation of Contract Authorization) (Limitation on Obligations) (Highway Trust Fund)’’ in prior 

appropriations Acts, $10,528,958 in unobligated balances are 

rescinded. 

FEDERAL RAILROAD ADMINISTRATION

SAFETY AND OPERATIONS

For necessary expenses of the Federal Railroad Administration, not otherwise provided for, $150,193,499, of which $12,268,890 shall 

remain available until expended. 

RAILROAD RESEARCH AND DEVELOPMENT

For necessary expenses for railroad research and development, $35,964,400, to remain available until expended. 

CAPITAL ASSISTANCE TO STATES—INTERCITY

PASSENGER RAIL SERVICE

To enable the Federal Railroad Administrator to make grants 

to States for the capital costs of improving existing intercity passenger rail service and providing new intercity passenger rail 

service, $30,000,000, to remain available until expended: Provided, 

That grants shall be provided to a State only on a reimbursable 

basis: Provided further, That grants cover no more than 50 percent 

of the total capital cost of a project selected for funding: Provided 

further, That no more than 10 percent of funds made available 

under this program may be used for planning activities that lead 

directly to the development of a passenger rail corridor investment 

plan consistent with the requirements established by the Administrator: Provided further, That no later than eight months following 

enactment of this Act, the Secretary shall establish and publish 

criteria for project selection, set a deadline for grant applications, 

and provide a schedule for project selection: Provided further, That 

to be eligible for this assistance, States must include intercity 

passenger rail service as an integral part of statewide transportation 

planning as required under section 135 of title 23, United States 

Code: Provided further, That to be eligible for capital assistance 

the specific project must be on the Statewide Transportation 

Improvement Plan at the time of the application to qualify: Provided 

further, That the Secretary give priority to capital and planning 

applications for projects that improve the safety and reliability 

of intercity passenger trains, involve a commitment by freight railroads to an enforceable on-time performance of passenger trains 

of 80 percent or greater, involve a commitment by freight railroads 

of financial resources commensurate with the benefit expected to 

their operations, improve or extend service on a route that requires 

little or no Federal assistance for its operations, and involve a 

Deadline. 

Criteria. 

Publication. 

Grants. 


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121 STAT. 2394 PUBLIC LAW 110–161—DEC. 26, 2007 

commitment by States or railroads of financial resources to improve 

the safety of highway/rail grade crossings over which the passenger 

service operates. 

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 

2008. 

RAIL LINE RELOCATION AND IMPROVEMENT PROGRAM

For necessary expenses of carrying out section 20154 of title 

49, United States Code, as authorized by section 9002 of Public 

Law 109–59, $20,145,000, to remain available until expended. 

OPERATING GRANTS TO THE NATIONAL RAILROAD PASSENGER

CORPORATION

To enable the Secretary of Transportation to make quarterly 

grants to the National Railroad Passenger Corporation for operation 

of intercity passenger rail, $475,000,000 to remain available until 

expended: Provided, That the Secretary of Transportation shall 

approve funding to cover operating losses for the Corporation only 

after receiving and reviewing a grant request for each specific 

train route: Provided further, That each such grant request shall 

be accompanied by a detailed financial analysis, revenue projection, 

and capital expenditure projection justifying the Federal support 

to the Secretary’s satisfaction: Provided further, That the Corporation is directed to achieve savings through operating efficiencies 

including, but not limited to, modifications to food and beverage 

service and first class service: Provided further, That the Inspector 

General of the Department of Transportation shall report to the 

House and Senate Committees on Appropriations beginning 3 

months after the date of the enactment of this Act and quarterly 

thereafter with estimates of the savings accrued as a result of 

all operational reforms instituted by the Corporation: Provided further, That not later than 120 days after enactment of this Act, 

the Corporation shall transmit to the House and Senate Committees 

on Appropriations the status of its plan to improve the financial 

performance of food and beverage service and its plan to improve 

the financial performance of first class service (including sleeping 

car service): Provided further, That the Corporation shall report 

quarterly to the House and Senate Committees on Appropriations 

on its progress against the milestones and target dates contained 

in the plan provided in fiscal year 2007 and quantify savings 

realized to date on a monthly basis compared to those projected 

in the plan, identify any changes in the plan or delays in implementing these plans, and identify the causes of delay and proposed 

Reports. 

Deadline. 

Deadline. 

Plan. 

Reports. 

Deadlines. 


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corrective measures: Provided further, That not later than 90 days 

after enactment of this Act, the Corporation shall transmit, in 

electronic format, to the Secretary, the House and Senate Committees on Appropriations, the House Committee on Transportation 

and Infrastructure and the Senate Committee on Commerce, 

Science, and Transportation a comprehensive business plan 

approved by the Board of Directors for fiscal year 2008 under 

section 24104(a) of title 49, United States Code: Provided further, 

That the business plan shall include, as applicable, targets for 

ridership, revenues, and capital and operating expenses: Provided 

further, That the plan shall also include a separate accounting 

of such targets for the Northeast Corridor; commuter service; longdistance Amtrak service; State-supported service; each intercity 

train route, including Autotrain; and commercial activities including 

contract operations: Provided further, That the business plan shall 

include a description of the work to be funded, along with cost 

estimates and an estimated timetable for completion of the projects 

covered by this business plan: Provided further, That the Corporation shall continue to provide monthly reports in electronic format 

regarding the pending business plan, which shall describe the work 

completed to date, any changes to the business plan, and the 

reasons for such changes, and shall identify all sole source contract 

awards which shall be accompanied by a justification as to why 

said contract was awarded on a sole source basis: Provided further, 

That the Corporation’s business plan and all subsequent supplemental plans shall be displayed on the Corporation’s website within 

a reasonable timeframe following their submission to the appropriate entities: Provided further, That none of the funds under 

this heading may be obligated or expended until the Corporation 

agrees to continue abiding by the provisions of paragraphs 1, 2, 

5, 9, and 11 of the summary of conditions for the direct loan 

agreement of June 28, 2002, in the same manner as in effect 

on the date of enactment of this Act: Provided further, That none 

of the funds provided in this Act may be used after March 1, 

2006, to support any route on which Amtrak offers a discounted 

fare of more than 50 percent off the normal, peak fare: Provided 

further, That the preceding proviso does not apply to routes where 

the operating loss as a result of the discount is covered by a 

State and the State participates in the setting of fares: Provided 

further, That of the amounts made available under this heading not less than $18,500,000 shall be available for the Amtrak Office 

of Inspector General. 

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 

Corporation, including railroad equipment, rolling stock, legal mandates and other services, $850,000,000, to remain available until 

expended, of which not to exceed $285,000,000 shall be for debt 

service obligations: Provided, That the Secretary may retain up 

to one-quarter of 1 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 

shall approve funding for capital expenditures, including advance 

Reports. 

Deadline. 

Business plan. 


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purchase orders of materials, for the Corporation only after 

receiving and reviewing a grant request for each specific capital 

grant justifying the Federal support to the Secretary’s satisfaction: 

Provided further, That none of the funds under this heading may 

be used to subsidize operating losses of the 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 on the Corporation’s fiscal year 2008 business plan: Provided 

further, That $35,000,000 of amounts made available under this 

heading shall be available until expended for capital improvements 

if the Corporation demonstrates to the Secretary’s satisfaction that 

the Corporation has achieved operational savings and met ridership 

and revenue targets as defined in the Corporation’s business plan: 

Provided further, That of the funds provided under this section, not less than $5,000,000 shall be expended for the development 

and implementation of a managerial cost accounting system, which 

includes average and marginal unit cost capability: Provided further, That within 90 days of enactment, the Department of 

Transportation Inspector General shall review and comment to 

the Secretary of Transportation and the House and Senate Committees on Appropriations upon the strengths and weaknesses of the 

system being developed by the Corporation and how it best can 

be implemented to improve decision making by the Board of Directors and management of the Corporation: Provided further, That 

not later than 180 days after the enactment of this Act, the Secretary, in consultation with the Corporation and the States on 

the Northeast Corridor, shall establish a common definition of what 

is determined to be a ‘‘state of good repair’’ on the Northeast 

Corridor and report its findings, including definitional areas of 

disagreement, to the House and Senate Committees on Appropriations, the House Committee on Transportation and Infrastructure 

and the Senate Committee on Commerce, Science, and Transportation. 

ADMINISTRATIVE PROVISIONS—FEDERAL RAILROAD ADMINISTRATION

SEC. 150. 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 parttime Amtrak employee whose base of employment is located within 

the United States. 

SEC. 151. Not later than January 1, 2008, the Federal Railroad 

Administrator shall submit a report, and quarterly reports thereafter, to the House and Senate Committees on Appropriations 

detailing the Administrator’s efforts at improving the on-time 

performance of Amtrak intercity rail service operating on nonAmtrak owned property. Such reports shall compare the most recent 

actual on-time performance data to pre-established on-time performance goals that the Administrator shall set for each rail service, 

identified by route. Such reports shall also include whatever other 

information and data regarding the on-time performance of Amtrak 

trains the Administrator deems to be appropriate. 

SEC. 152. The Secretary may purchase promotional items of 

nominal value for use in public outreach activities to accomplish 

Deadlines. 

Reports. 

Deadline. 

Deadline. 


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PUBLIC LAW 110–161—DEC. 26, 2007 121 STAT. 2397 

the purposes of 49 U.S.C. 20134: Provided, That the Secretary 

shall prescribe guidelines for the administration of such purchases 

and use. 

SEC. 153. The Secretary of Transportation may receive and 

expend cash, or receive and utilize spare parts and similar items, 

from non-United States Government sources to repair damages 

to or replace United States Government owned automated track 

inspection cars and equipment as a result of third party liability 

for such damages, and any amounts collected under this subsection 

shall be credited directly to the Safety and Operations account 

of the Federal Railroad Administration, and shall remain available 

until expended for the repair, operation and maintenance of automated track inspection cars and equipment in connection with 

the automated track inspection program. 

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, $89,300,000: Provided, That of the funds available under this heading, not to exceed $1,504,000 shall be available 

for travel and not to exceed $20,719,000 shall be available for 

the central account: 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 2009 

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 2009. 

FORMULA AND BUS GRANTS

(LIQUIDATION OF CONTRACT AUTHORITY) 

(LIMITATION ON OBLIGATIONS) 

(HIGHWAY TRUST FUND) 

(INCLUDING RESCISSION) 

For payment of obligations incurred in carrying out the provisions of 49 U.S.C. 5305, 5307, 5308, 5309, 5310, 5311, 5316, 5317, 

5320, 5335, 5339, and 5340 and section 3038 of Public Law 105– 

178, as amended, $6,855,000,000, to be derived from the Mass 

Transit Account of the Highway Trust Fund and to remain available 

until expended: Provided, That funds available for the implementation or execution of programs authorized under 49 U.S.C. 5305, 

5307, 5308, 5309, 5310, 5311, 5316, 5317, 5320, 5335, 5339, and 

5340 and section 3038 of Public Law 105–178, as amended, shall 

Reports. 

Guidelines. 


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not exceed total obligations of $7,767,887,062 in fiscal year 2008: 

Provided further, That of the funds available to carry out the 

bus program under section 5309 of title 49, United States Code, 

which are not otherwise allocated under this act or under 

SAFETEA–LU (Public Law 109–59), not more than 10 percent 

may be expended in furtherance of the Department of Transportation’s ‘‘National Strategy to Reduce Congestion on America’s 

Transportation Network’’ issued May, 2006 by Secretary of 

Transportation, the Honorable Norman Mineta; also known as the 

‘‘Congestion Initiative’’ or any other new highway congestion initiative: 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, $65,362,900, 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, and $7,000,000 is available for university transportation centers program under section 5506 of title 49, United States Code: 

Provided further, That $44,762,900 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, $1,569,091,997, to remain available until 

expended: Provided, That of the funds available under this heading, 

amounts are to be made available as follows: 

AC Transit BRT Corridor—Alameda County, California, 

$490,000. 

Alaska and Hawaii ferry projects, $15,000,000. 

Bus Rapid Transit, Cumberland County, Pennsylvania, 

$294,000. 

Central Corridor Light Rail, Minnesota, $10,192,000. 

Central Link Initial Segment, Washington, $68,600,000. 

Central LRT Double-Track—Largo Extension, Maryland, 

$34,300,000. 

Central Phoenix/East Valley Light Rail, Arizona, 

$88,200,000. 

Charlotte Rapid Transit, North Carolina, $1,960,000. 

CORRIDORone Regional Rail Project, Pennsylvania, 

$10,976,000. 

DCTA Fixed Guideway/Engineering, Lewisville, Texas, 

$245,000. 

Denali Commission, Alaska, $5,000,000. 

Dulles Corridor Metrorail Project, Virginia, $34,300,000. 

Galveston Rail Trolley, Texas, $1,960,000. 

Honolulu High Capacity Transit Corridor, Hawaii, 

$15,190,000. 

Hudson-Bergen MOS–2, New Jersey, $54,089,135. 

I–205/Portland Mall Light Rail, Oregon, $78,400,000. 

I–69 HOV/BRT, Mississippi, $7,546,000. 

JTA Bus Rapid Transit, Jacksonville, Florida, $9,329,600. 


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Lane Transit District, Pioneer Parkway EmX Corridor, Oregon, $14,504,000. 

Long Island Rail Road East Side Access, New York, $210,700,000. 

MARC Commuter Rail Improvements and Rolling Stock, 

Maryland, $9,800,000. 

MBTA Fitchburg to Boston Rail Corridor Project, 

Massachusetts, $5,880,000. 

METRA Connects Southeast Service, Illinois, $7,227,500. 

METRA Star Line, Illinois, $7,227,500. 

METRA Union Pacific Northwest Line, Illinois, $7,227,500. 

METRA Union Pacific West Line, Illinois, $7,227,500. 

Metro Gold Line Eastside Extension, California, 

$78,400,000. 

Metrorail Orange Line Expansion, Florida, $1,960,000. 

Metro Rapid Bus System Gap Closure, Los Angeles, California, $16,347,380. 

Mid-Jordan Light Rail Extension, Utah, $19,600,000. 

Monmouth-Ocean-Middlesex County Passenger Rail, New 

Jersey, $980,000. 

New Britain-Hartford Busway, Connecticut, $3,271,632. 

Norfolk Light Rail Project, Virginia, $23,030,000. 

North Corridor, Houston and Southeast Corridor, Texas, 

$19,600,000. 

North Shore Corridor & Blue Line, Massachusetts, 

$1,960,000. 

NorthStar Commuter, Minnesota, $53,900,000. 

Northern Indiana Commuter Transit District Recapitalization, Indiana, $4,900,000. 

North Shore LRT Connector, Pennsylvania, $32,846,115. 

Northwest NJ-Northeast PA, Pennsylvania, $2,940,000. 

NW/SE LRT MOS, Texas, $84,525,000. 

Pacific Highway South BRT, King County, Washington, 

$13,794,480. 

Perris Valley Line Metrolink Extension, California, 

$1,960,000. 

Pawtucket/Central Falls Commuter Rail Station, Rhode 

Island, $1,960,000. 

Planning and Design, Bus Rapid Transit-State Avenue Corridor, Wyandotte County, Kansas, $1,470,000. 

Provo Orem Bus Rapid Transit, Utah, $4,018,000. 

Rapid Transit (BRT) project, Livermore, California, 

$2,940,000. 

Ravenswood Line Extension, Illinois, $39,200,000. 

Route 1 Bus Rapid Transit, Potomac Yard-Crystal City, 

Alexandria and Arlington, Virginia, $980,000. 

Second Avenue Subway Phase 1, New York, $167,810,300. 

SMART EIS and PE, California, $1,960,000. 

South County Commuter Rail Wickford Junction Station, 

Rhode Island, $12,269,449. 

Southeast Corridor LRT, Colorado, $50,529,274. 

South Sacramento Corridor Phase 2, California, $4,410,000. 

Telegraph Avenue-International Boulevard-East 14th 

Street Bus Rapid Transit Corridor Improvements, California, 

$1,960,000. 

Third Street Light Rail, San Francisco, California, 

$11,760,000. 


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Trans-Hudson Midtown Corridor, New Jersey, $14,700,000. 

Troost Corridor Bus Rapid Transit, Missouri, $6,134,800. 

West Corridor Light Rail Project, Colorado, $39,200,000. 

University Link LRT, Washington, $19,600,000. 

VIA Bus Rapid Transit Corridor Project, San Antonio, Texas, $4,900,000. 

Virginia Railway Express Extension—Gainesville/ Haymarket, Virginia, $490,000. VRE Rolling Stock, Virginia, $3,920,000. 

Weber County to Salt Lake City, Utah, $78,400,000. 

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, funds 

made available by this Act under ‘‘Federal Transit Administration, 

Capital investment grants’’ and bus and bus facilities under ‘‘Federal Transit Administration, Formula and bus grants’’ for projects 

specified in this Act or identified in reports accompanying this 

Act not obligated by September 30, 2010, 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, 2007, 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. During fiscal year 2008, each Federal Transit 

Administration grant for a project that involves the acquisition 

or rehabilitation of a bus to be used in public transportation shall 

be funded for 90 percent of the net capital costs of a biodiesel 

bus or a factory-installed or retrofitted hybrid electric propulsion 

system and any equipment related to such a system: Provided, 

That the Secretary shall have the discretion to determine, through 

practicable administrative procedures, the costs attributable to the 

system and related-equipment. 

SEC. 165. Notwithstanding any other provision of law, in regard 

to the Central Link Initial Segment Project, to the extent that 

Federal funds remain available within the current budget for the 

project, the Secretary shall, immediately upon the date of enactment 

of this Act, amend the Full Funding Grant Agreement for said 

project to allow remaining Federal funds to be used to support 

completion of the Airport Link extension of said project. 

SEC. 166. Amounts provided for a high capacity fixed guideway 

light rail and mass transit project for the City of Albuquerque, 

New Mexico, in Public Laws 106–69, 106–346 and 107–87 shall 

be available for bus and bus facilities. 

SEC. 167. Any unobligated amounts made available for the 

Commuter Rail, Albuquerque to Santa Fe, New Mexico under the 

heading ‘‘Capital Investment Grants’’ under the heading ‘‘Federal 


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PUBLIC LAW 110–161—DEC. 26, 2007 121 STAT. 2401 

Transit Administration’’ in title I of division A of the Transportation, 

Treasury, Housing and Urban Development, the Judiciary, the District of Columbia, and Independent Agencies Appropriations Act, 

2006 (Public Law 109–115; 119 Stat. 2418) shall be made available 

for public transportation buses, equipment and facilities related 

to such buses, and intermodal terminal in Albuquerque and Santa 

Fe, New Mexico, subject to the requirements under section 5309 

of title 49, United States Code. 

SEC. 168. Notwithstanding any other provision of law, funds 

made available for the Las Vegas Resort Corridor Fixed Guideway 

Project under the Federal Transit Administration Capital Investment Grants Account in any previous Appropriations Act, including 

Public Laws 108–7, 108–199, 108–447, and any unexpended funds 

in Federal Transit Administration grant number NV–03–0019 may 

hereafter be made available until expended to the Regional 

Transportation Commission of Southern Nevada for bus rapid 

transit projects and bus and bus-related projects: Provided, That 

funds made available for a project in accordance with this section 

shall be administered under the terms and conditions set forth 

in 49 U.S.C. 5307, to the extent applicable. 

SEC. 169. The second sentence of section 321 of the Department 

of Transportation and Related Agencies Appropriations Act, 1986 

(99 Stat. 1287) is repealed. 

SEC. 170. None of the funds provided or limited under this 

Act may be used to issue a final regulation under section 5309 

of title 49, United States Code, except that the Federal Transit 

Administration may continue to review comments received on the 

proposed rule (Docket No. FTA–2006–25737). 

SEC. 171. Funds made available to the Putnam County, Florida, 

for Ride Solutions buses and bus facilities in Public Laws 108– 

199, 108–447 and 109–115 that remain unobligated may be available to Putnam County under the conditions of 49 U.S.C. 5312 

to research, develop, fabricate, test, demonstrate, deploy and 

evaluate a low floor bus to meet the needs of Ride Solution in 

particular, and small urban and rural operators in general. 

SEC. 172. Of the balances available for this fiscal year to 

carry out 49 U.S.C. 5309(b) left to the discretion of the Secretary 

of Transportation, $104,697,038 are rescinded. 

SEC. 173. Of the balances available for this fiscal year to 

carry out 49 U.S.C. 5339 left to the discretion of the Secretary 

of Transportation, $308,900 are rescinded. 

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. 


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121 STAT. 2402 PUBLIC LAW 110–161—DEC. 26, 2007 

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, 

$17,392,000, 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, $156,000,000, to remain available until expended. 

OPERATIONS AND TRAINING

For necessary expenses of operations and training activities authorized by law, $121,992,000, of which $25,720,000 shall remain 

available until September 30, 2008, for salaries and benefits of 

employees of the United States Merchant Marine Academy; of which 

$14,139,000 shall remain available until expended for capital 

improvements at the United States Merchant Marine Academy; 

and of which $10,500,000 shall remain available until expended 

for maintenance and repair of Schoolships at State Maritime 

Schools. 

SHIP DISPOSAL

For necessary expenses related to the disposal of obsolete vessels in the National Defense Reserve Fleet of the Maritime Administration, $17,000,000, to remain available until expended. 

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 as authorized under section 3506 of Public Law 109–163, $10,000,000, to 

remain available until expended: Provided, 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 under this heading shall be 

available for necessary costs of grant administration. 

MARITIME GUARANTEED LOAN (TITLE XI) PROGRAM ACCOUNT

(INCLUDING TRANSFER OF FUNDS) 

For the cost of guaranteed loans, as authorized, $8,408,000, 

of which $5,000,000 shall remain available until expended: Provided, That such costs, including the cost of modifying such loans, 

Grants. 

Deadline. 

Deadline. 


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PUBLIC LAW 110–161—DEC. 26, 2007 121 STAT. 2403 

shall be as defined in section 502 of the Congressional Budget 

Act of 1974, as amended: Provided further, That not to exceed 

$3,408,000 shall be available for administrative expenses to carry 

out the guaranteed loan program, which shall be transferred to 

and merged with the appropriation for ‘‘Operations and Training’’, 

Maritime Administration. 

SHIP CONSTRUCTION

(RESCISSION) 

Of the unobligated balances available under this heading, 

$6,673,000 are rescinded. 

ADMINISTRATIVE PROVISIONS—MARITIME ADMINISTRATION

SEC. 175. 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 therefor 

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. 176. No obligations shall be incurred during the current 

fiscal year from the construction fund established by the Merchant 

Marine Act, 1936 (46 U.S.C. 53101 note (cds)), 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, $18,130,000, 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, $28,000,000, of which $1,761,000 shall remain 

available until September 30, 2010: 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. 


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121 STAT. 2404 PUBLIC LAW 110–161—DEC. 26, 2007 

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, 

$79,828,000, of which $18,810,000 shall be derived from the Oil 

Spill Liability Trust Fund and shall remain available until September 30, 2010; of which $61,018,000 shall be derived from the 

Pipeline Safety Fund, of which $32,242,000 shall remain available 

until September 30, 2010: Provided, That not less than $1,043,000 

of the funds provided under this heading shall be for the onecall State grant program. 

EMERGENCY PREPAREDNESS GRANTS

(EMERGENCY PREPAREDNESS FUND) 

For necessary expenses to carry out 49 U.S.C. 5128(b), $188,000, to be derived from the Emergency Preparedness Fund, 

to remain available until September 30, 2009: Provided, That not 

more than $28,318,000 shall be made available for obligation in 

fiscal year 2008 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 her designee. 

RESEARCH AND INNOVATIVE TECHNOLOGY ADMINISTRATION

RESEARCH AND DEVELOPMENT

For necessary expenses of the Research and Innovative Tech- nology Administration, $12,000,000, of which $6,036,000 shall 

remain available until September 30, 2010: 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, $66,400,000: 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; 


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PUBLIC LAW 110–161—DEC. 26, 2007 121 STAT. 2405 

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, $26,324,500: 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 dollarfor-dollar basis as such offsetting collections are received during 

fiscal year 2008, to result in a final appropriation from the general 

fund estimated at no more than $25,074,500. 

GENERAL PROVISIONS—DEPARTMENT OF TRANSPORTATION

(INCLUDING TRANSFERS OF FUNDS) 

(INCLUDING RESCISSIONS) 

SEC. 180. During the current fiscal year applicable appropriations to the Department of Transportation shall be available for 

maintenance and operation of aircraft; hire of passenger motor 

vehicles and aircraft; purchase of liability insurance for motor 

vehicles operating in foreign countries on official department business; and uniforms or allowances therefor, as authorized by law 

(5 U.S.C. 5901–5902). 

SEC. 181. Appropriations contained in this Act for the Department of Transportation shall be available for services as authorized 

by 5 U.S.C. 3109, but at rates for individuals not to exceed the 

per diem rate equivalent to the rate for an Executive Level IV. 

SEC. 182. None of the funds in this Act shall be available 

for salaries and expenses of more than 110 political and Presidential 

appointees in the Department of Transportation: Provided, That 

none of the personnel covered by this provision may be assigned 

on temporary detail outside the Department of Transportation. 

SEC. 183. None of the funds in this Act shall be used to 

implement section 404 of title 23, United States Code. 

SEC. 184. (a) No recipient of funds made available in this 

Act shall disseminate personal information (as defined in 18 U.S.C. 

2725(3)) obtained by a State department of motor vehicles in connection with a motor vehicle record as defined in 18 U.S.C. 2725(1), 

except as provided in 18 U.S.C. 2721 for a use permitted under 

18 U.S.C. 2721. 

(b) Notwithstanding subsection (a), the Secretary shall not withhold funds provided in this Act for any grantee if a State is in 

noncompliance with this provision. 

SEC. 185. Funds received by the Federal Highway Administration, Federal Transit Administration, and Federal Railroad 

Administration from States, counties, municipalities, other public 

authorities, and private sources for expenses incurred for training 

may be credited respectively to the Federal Highway Administration’s ‘‘Federal-Aid Highways’’ account, the Federal Transit 


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121 STAT. 2406 PUBLIC LAW 110–161—DEC. 26, 2007 

Administration’s ‘‘Research and University Research Centers’’ 

account, and to the Federal Railroad Administration’s ‘‘Safety and 

Operations’’ account, except for State rail safety inspectors participating in training pursuant to 49 U.S.C. 20105. 

SEC. 186. Funds provided or limited in this Act under the 

appropriate accounts within the Federal Highway Administration, 

the Federal Railroad Administration and the Federal Transit 

Administration shall be made available for the eligible programs, 

projects and activities at the level of 98 percent of the corresponding 

amounts identified in the explanatory statement accompanying this 

Act for the ‘‘Delta Regional Transportation Development Program’’, 

‘‘Ferry Boats and Ferry Terminal Facilities’’, ‘‘Federal Lands’’, 

‘‘Interstate Maintenance Discretionary’’, ‘‘Transportation, Community and System Preservation Program’’, ‘‘Rail Line Relocation and 

Improvement Program’’, ‘‘Rail-highway crossing hazard eliminations’’, ‘‘Alternatives analysis’’, and ‘‘Bus and bus facilities’’: Provided, That amounts authorized within the Federal Highway 

Administration for fiscal year 2008 for the Interstate Maintenance 

Discretionary program under section 118(c) of title 23, United States 

Code, the Ferry Boats and Ferry Terminal Facilities program under 

section 147 of title 23, United States Code (excluding the setaside for projects on the National Highway System authorized by 

section 147(b) of such title), the Public Lands Highways Discretionary program under section 202(b)(1)(A) of title 23, United States 

Code, and the Transportation, Community and System Preservation 

program under section 1117 of Public Law 109–59 in excess of 

the amounts so set aside by the first clause of this section for 

such programs, projects and activities in the explanatory statement 

accompanying this Act are rescinded: Provided further, That 

amounts authorized within the Federal Railroad Administration 

for fiscal year 2008 for Rail-highway Crossing Hazard Eliminations 

under section 104(d)(2)(A) of title 23, United States Code (excluding 

the set-aside for certain improvements authorized by section 

104(d)(2)(E) of such title), in excess of the amounts so set aside 

by the first clause of this section for such programs, projects and 

activities in the explanatory statement accompanying this Act are 

rescinded. 

SEC. 187. 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. 188. 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 $500,000 or more is announced by the department 

or its modal administrations from: (1) any discretionary grant program of the Federal Highway Administration including 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 the Secretary 

gives concurrent notification to the House and Senate Committees 

Notification. 

Notification. 

Deadline. 


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PUBLIC LAW 110–161—DEC. 26, 2007 121 STAT. 2407 

on Appropriations for any ‘‘quick release’’ of funds from the emergency relief program: Provided further, That no notification shall 

involve funds that are not available for obligation. 

SEC. 189. 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. 190. Amounts made available in this or any other Act 

that the Secretary determines represent improper payments by 

the Department of Transportation to a third party contractor under 

a financial assistance award, which are recovered pursuant to law, 

shall be available— 

(1) to reimburse the actual expenses incurred by the 

Department of Transportation in recovering improper payments; and 

(2) to pay contractors for services provided in recovering 

improper payments or contractor support in the implementation 

of the Improper Payments Information Act of 2002: Provided, 

That amounts in excess of that required for paragraphs (1) 

and (2)— 

(A) shall be credited to and merged with the appropriation from which the improper payments were made, and 

shall be available for the purposes and period for which 

such appropriations are available; or 

(B) if no such appropriation remains available, shall 

be deposited in the Treasury as miscellaneous receipts: 

Provided, That 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. 191. (a) Funds provided in Public Law 102–143 in the 

item relating to ‘‘Highway Bypass Demonstration Project’’ shall 

be available for the improvement of Route 101 in the vicinity 

of Prunedale, Monterey County, California. 

(b) Funds provided under section 378 of the Department of 

Transportation and Related Agencies Appropriations Act, 2001 

(Public Law 106–346, 114 Stat. 1356, 1356A–41), for the reconstruction of School Road East in Marlboro Township, New Jersey, shall 

be available for the Spring Valley Road Project in Marlboro Township, New Jersey. 

(c) Notwithstanding any other provision of law, of the unexpended balance of funds made available in title I, chapter III, 

of Public Law 97–216 (96 Stat. 180, 187) under the heading ‘‘Federal-aid Highway Program’’ to execute contracts to replace or 

rehabilitate highway bridges, as designated on page 19 of House 

Report 97–632, $5,000,000 shall be made available for East Chicago 

Road Reconstruction, East Chicago, Indiana, and the remaining 

unexpended funds shall be made available for Calumet Avenue 

Grade Separation, Munster, Indiana. 

Notification. 


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121 STAT. 2408 PUBLIC LAW 110–161—DEC. 26, 2007 

(d) Of the unobligated balance appropriated under the heading 

‘‘Highway Demonstration Projects’’ in title I of Public Law 102– 

143 (105 Stat. 929) that was allocated for Routes 70/38 Circle 

Elimination, New Jersey, $1,500,000 shall be transferred to, and 

made available for, the Delaware Street Bridge Replacement 

Project, (CR640) Bridge over Mathews Branch in West Deptford 

Township, New Jersey. 

SEC. 192. 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. 193. (a) None of the funds appropriated or otherwise 

made available under this Act to the Surface Transportation Board 

of the Department of Transportation may be used to take any 

action to allow any activity described in subsection (b) in a case, 

matter, or declaratory order involving a railroad, or an entity 

claiming or seeking authority to operate as a railroad, unless the 

Board receives written assurance from the Governor, or the Governor’s designee, of the State in which such activity will occur 

that such railroad or entity has agreed to comply with State and 

local regulations that establish public health, safety, and environmental standards for the activities described in subsection (b), 

other than zoning laws or regulations. 

(b) Activities referred to in subsection (a) are activities that 

occur at a solid waste rail transfer facility involving— 

(1) the collection, storage, or transfer of solid waste (as 

defined in section 1004 of the Solid Waste Disposal Act (42 

U.S.C. 6903)) outside of original shipping containers; or 

(2) the separation or processing of solid waste (including 

baling, crushing, compacting, and shredding). 

SEC. 194. None of the funds appropriated or otherwise made 

available under this Act may be used by the Surface Transportation 

Board of the Department of Transportation to charge or collect 

any filing fee for rate complaints filed with the Board in an amount 

in excess of the amount authorized for district court civil suit 

filing fees under section 1914 of title 28, United States Code. 

SEC. 195. Not later than 30 days after the date of enactment 

of this Act, the Secretary of Transportation shall establish and 

maintain on the homepage of the Internet website of the Department of Transportation— 

(1) a direct link to the Internet website of the Office of 

Inspector General of the Department of Transportation; and 

(2) a mechanism by which individuals may anonymously 

report cases of waste, fraud, or abuse with respect to the 

Department of Transportation. 

SEC. 196. None of the funds appropriated or otherwise made 

available by this Act may be obligated or expended by the Administrator of the Federal Aviation Administration to displace, reassign, 

reduce the salary of, or subject to a reduction in force any employee 

at the Academy or discontinue the use of the FAA Academy as 

Deadline. 

Website. 

5 USC app. 6 

note. 


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PUBLIC LAW 110–161—DEC. 26, 2007 121 STAT. 2409 

the primary training facility for air traffic controller training as 

a result of implementing the Air Traffic Control Optimum Training 

Solution in its entirety, prior to September 30, 2008. 

SEC. 197. PROHIBITION ON IMPOSITION AND COLLECTION OF

TOLLS ON CERTAIN HIGHWAYS CONSTRUCTED USING FEDERAL

FUNDS. (a) DEFINITIONS.—In this section: 

(1) FEDERAL HIGHWAY FACILITY.— 

(A) IN GENERAL.—The term ‘‘Federal highway facility’’ 

means— 

(i) any highway, bridge, or tunnel on the Interstate 

System that is constructed using Federal funds; or 

(ii) any United States highway. 

(B) EXCLUSION.—The term ‘‘Federal highway facility’’ 

does not include any right-of-way for any highway, bridge, 

or tunnel described in subparagraph (A). 

(2) TOLLING PROVISION.—The term ‘‘tolling provision’’ 

means section 1216(b) of the Transportation Equity Act for 

the 21st Century (23 U.S.C. 129 note; 112 Stat. 212); 

(b) PROHIBITION.— 

(1) IN GENERAL.—None of the funds made available by 

this Act shall be used to consider or approve an application 

to permit the imposition or collection of any toll on any portion 

of a Federal highway facility in the State of Texas— 

(A)(i) that is in existence on the date of enactment 

of this Act; and 

(ii) on which no toll is imposed or collected under 

a tolling provision on that date of enactment; or 

(B) that would result in the Federal highway facility 

having fewer non-toll lanes than before the date on which 

the toll was first imposed or collected. 

(2) EXEMPTION.—Paragraph (1) shall not apply to the 

imposition or collection of a toll on a Federal highway facility— 

(A) on which a toll is imposed or collected under a 

tolling provision on the date of enactment of this Act; 

or 

(B) that is constructed, under construction, or the subject of an application for construction submitted to the 

Secretary, after the date of enactment of this Act. 

(c) STATE BUY-BACK.—None of the funds made available by 

this Act shall be used to impose or collect a toll on a Federal 

highway facility in the State of Texas that is purchased by the 

State of Texas on or after the date of enactment of this Act. 

SEC. 198. Notwithstanding any other provision of law, the 

funding made available for the Schuylkill Valley Metro project 

through the Department of Transportation Appropriations Acts for 

Federal Fiscal Years 2004 and 2005 shall remain available for 

that project during fiscal year 2008. 

This title may be cited as the ‘‘Department of Transportation 

Appropriations Act, 2008’’. 


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121 STAT. 2410 PUBLIC LAW 110–161—DEC. 26, 2007 

TITLE II 

DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT 

EXECUTIVE DIRECTION

For necessary salaries and expenses for Executive Direction, $24,980,000, of which not to exceed $3,930,000 shall be available 

for the immediate Office of the Secretary and Deputy Secretary; 

not to exceed $1,580,000 shall be available for the Office of Hearings 

and Appeals; not to exceed $510,000 shall be available for the 

Office of Small and Disadvantaged Business Utilization, not to 

exceed $725,000 shall be available for the immediate Office of 

the Chief Financial Officer; not to exceed $1,155,000 shall be available for the immediate Office of the General Counsel; not to exceed 

$2,670,000 shall be available to the Office of the Assistant Secretary 

for Congressional and Intergovernmental Relations; not to exceed 

$2,520,000 shall be for the Office of the Assistant Secretary for 

Public Affairs; not to exceed $1,630,000 shall be available for the 

Office of the Assistant Secretary for Administration; not to exceed 

$1,620,000 shall be available to the Office of the Assistant Secretary 

for Public and Indian Housing; not to exceed $1,520,000 shall be 

available to the Office of the Assistant Secretary for Community 

Planning and Development; not to exceed $3,600,000 shall be available to the Office of the Assistant Secretary for Housing, Federal 

Housing Commissioner; not to exceed $1,570,000 shall be available 

to the Office of the Assistant Secretary for Policy Development 

and Research; and not to exceed $1,950,000 shall be available 

to the Office of the Assistant Secretary for Fair Housing and Equal 

Opportunity: Provided, That the Secretary of the Department of 

Housing and Urban Development is authorized to transfer funds 

appropriated for any office funded under this heading to any other 

office funded under this heading following the written notification 

to the House and Senate Committees on Appropriations: 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 prior approval to the House and Senate 

Committees on Appropriations: Provided further, That the Secretary 

shall provide the Committees on Appropriations quarterly written 

notification regarding the status of pending congressional reports: 

Provided further, That not to exceed $25,000 of the amount made 

available under this paragraph for the immediate Office of the 

Secretary shall be available for official reception and representation 

expenses as the Secretary may determine. 

ADMINISTRATION, OPERATIONS AND MANAGEMENT

For necessary salaries and expenses for administration, operations and management for the Department of Housing and Urban 

Development, $493,630,000, of which not to exceed $69,070,000 

shall be available for the personnel compensation and benefits 

of the Office of Administration; not to exceed $10,630,000 shall 

be available for the personnel compensation and benefits of the 

Office of Departmental Operations and Coordination; not to exceed 

$51,300,000 shall be available for the personnel compensation and 

benefits of the Office of Field Policy and Management; not to exceed 

$12,370,000 shall be available for the personnel compensation and 

Notification. 

Notification. 

Notification. 

Department of 

Housing and 

Urban 

Development 

Appropriations 

Act, 2008. 


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PUBLIC LAW 110–161—DEC. 26, 2007 121 STAT. 2411 

benefits of the Office of the Chief Procurement Officer; not to 

exceed $31,600,000 shall be available for the personnel compensation and benefits of the remaining staff in the Office of the Chief 

Financial Officer; not to exceed $80,670,000 shall be available for 

the personnel compensation and benefits of the remaining staff 

of the Office of the General Counsel; not to exceed $2,810,000 

shall be available for the personnel compensation and benefits 

of the Office of Departmental Equal Employment Opportunity; not 

to exceed $1,160,000 shall be available for the personnel compensation and benefits for the Center for Faith-Based and Community 

Initiatives; not to exceed $234,020,000 shall be available for nonpersonnel expenses of the Department of Housing and Urban 

Development: Provided, That, funds provided under the heading 

may be used 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 therefor, as authorized by 5 U.S.C. 5901–5902; hire of passenger motor vehicles; services as authorized by 5 U.S.C. 3109: 

Provided further, That notwithstanding any other provision of law, 

funds appropriated under this heading may be used for advertising 

and promotional activities that support the housing mission area: 

Provided further, That the Secretary of Housing and Urban Development is authorized to transfer funds appropriated for any office 

included in Administration, Operations and Management to any 

other office included in Administration, Operations and Management only after such transfer has been submitted to, and received 

prior written approval by, the House and Senate Committees on 

Appropriations: Provided further, That no appropriation for any 

office shall be increased or decreased by more than 10 percent 

by all such transfers. 

PUBLIC AND INDIAN HOUSING PERSONNEL COMPENSATION AND

BENEFITS

For necessary personnel compensation and benefits expenses 

of the Office of Public and Indian Housing, $173,310,000. 

COMMUNITY PLANNING AND DEVELOPMENT PERSONNEL

COMPENSATION AND BENEFITS

For necessary personnel compensation and benefits expenses 

of the Office of Community Planning and Development mission 

area, $90,310,000. 

HOUSING PERSONNEL COMPENSATION AND BENEFITS

For necessary personnel compensation and benefits expenses 

of the Office of Housing, $334,450,000. 

OFFICE OF THE GOVERNMENT NATIONAL MORTGAGE ASSOCIATION

PERSONNEL COMPENSATION AND BENEFITS

For necessary personnel compensation and benefits expenses 

of the Office of the Government National Mortgage Association, 

$8,250,000. 


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121 STAT. 2412 PUBLIC LAW 110–161—DEC. 26, 2007 

POLICY DEVELOPMENT AND RESEARCH PERSONNEL COMPENSATION

AND BENEFITS

For necessary personnel compensation and benefits expenses 

of the Office of Policy Development and Research, $16,950,000. 

FAIR HOUSING AND EQUAL OPPORTUNITY PERSONNEL COMPENSATION

AND BENEFITS

For necessary personnel compensation and benefits expenses of the Office of Fair Housing and Equal Opportunity, $63,140,000. 

OFFICE OF HEALTHY HOMES AND LEAD HAZARD CONTROL

PERSONNEL COMPENSATION AND BENEFITS

For necessary personnel compensation and benefits expenses 

of the Office of Healthy Homes and Lead Hazard Control, 

$6,980,000. 

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, $16,391,000,000, to remain available 

until expended, of which $12,233,000,000 shall be available on 

October 1, 2007, and $4,158,000,000 shall be available on October 

1, 2008: Provided, That the amounts made available under this 

heading are provided as follows: 

(1) $14,694,506,000 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 and any carryover, the Secretary 

for the calendar year 2008 funding cycle shall provide renewal 

funding for each public housing agency based on voucher 

management system (VMS) leasing and cost data for the most 

recent Federal fiscal year and by applying the 2008 Annual 

Adjustment Factor as established by the Secretary, and by 

making any necessary adjustments for the costs associated 

with deposits to family self-sufficiency program escrow accounts 

or the first-time renewal of tenant protection or HOPE VI 

vouchers 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 

notwithstanding the first proviso, except for applying the 2008 

Annual Adjustment Factor and making any other specified 

adjustments, public housing agencies specified in category 1 

below shall receive funding for calendar year 2008 based on 

the higher of the amounts the agencies would receive under 

the first proviso or the amounts the agencies received in calendar year 2007, and public housing agencies specified in categories 2 and 3 below shall receive funding for calendar year 


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PUBLIC LAW 110–161—DEC. 26, 2007 121 STAT. 2413 

2008 equal to the amounts the agencies received in calendar 

year 2007, except that public housing agencies specified in 

categories 1 and 2 below shall receive funding under this proviso only if, and to the extent that, any such public housing 

agency submits a plan, approved by the Secretary, that demonstrates that the agency can effectively use within 12 months 

the funding that the agency would receive under this proviso 

that is in addition to the funding that the agency would receive 

under the first proviso: (1) public housing agencies that are 

eligible for assistance under section 901 in Public Law 109– 

148 (119 Stat. 2781) or are located in the same counties as 

those eligible under section 901 and operate voucher programs 

under section 8(o) of the United States Housing Act of 1937 

but do not operate public housing under section 9 of such 

Act, and any public housing agency that otherwise qualifies 

under this category must demonstrate that they have experienced a loss of rental housing stock as a result of the 2005 

hurricanes; (2) public housing agencies that would receive less 

funding under the first proviso than they would receive under 

this proviso and that have been placed in receivership within 

the 24 months preceding the date of enactment of this Act; 

and (3) public housing agencies that spent more in calendar 

year 2007 than the total of the amounts of any such public 

housing agency’s allocation amount for calendar year 2007 and 

the amount of any such public housing agency’s available 

housing assistance payments undesignated funds balance from 

calendar year 2006 and the amount of any such public housing 

agency’s available administrative fees undesignated funds balance through calendar year 2007: Provided further, That notwithstanding the first two provisos under this paragraph, the 

amount of calendar year 2008 renewal funding for any agency 

otherwise authorized under such provisos shall be reduced by 

the amount of any unusable amount (as determined by the 

Secretary, due to limits in this paragraph with respect to an 

agency’s authorized level of units under contract) in such 

agency’s net restricted assets account, in accordance with the 

most recent VMS data in calendar year 2007 that is verifiable 

and complete, which exceeds 7 percent of the amount of renewal 

funding allocated to the agency for the calendar year 2007 

funding cycle pursuant to section 21033 of Public Law 110– 

5, as amended by section 4802 of Public Law 110–28: Provided 

further, That up to $50,000,000 shall be available only: (1) 

to adjust the allocations for public housing agencies, after 

application for an adjustment by a public housing agency that 

experienced a significant increase, as determined by the Secretary, in renewal costs from portability under section 8(r) 

of the Act of tenant-based rental assistance; and (2) for adjustments for public housing agencies with voucher leasing rates 

at the end of the calendar year that exceed the average leasing 

for the 12-month period used to establish the allocation: Provided further, That none of the funds provided under 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: Provided further, That 

the Secretary shall, to the extent necessary to stay within 

the amount specified under this paragraph, after subtracting 

$723,257,000 from such amount, pro rate each public housing 


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121 STAT. 2414 PUBLIC LAW 110–161—DEC. 26, 2007 

agency’s allocation otherwise established pursuant to this paragraph: Provided further, That except as provided in the last 

proviso, the entire amount specified under this paragraph, 

except for $723,257,000 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 budget not later than 60 days after enactment 

of this Act: Provided further, That the Secretary may extend 

the 60 day notification period with the written approval of 

the House and Senate Committees on Appropriations: 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. 

(2) $200,000,000 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: Provided, That 

the Secretary shall provide replacement vouchers for all units 

that were occupied within the previous 24 months that cease 

to be available as assisted housing due to demolition, disposition, or conversion, subject only to the availability of funds. 

(3) $49,000,000 for family self-sufficiency coordinators 

under section 23 of the Act. 

(4) up to $6,494,000 may be transferred to the Working 

Capital Fund. 

(5) $1,351,000,000 for administrative and other expenses 

of public housing agencies in administering the section 8 tenantbased rental assistance program and which up to $35,000,000 

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 $30,000,000 to be for fees associated 

with section 8 tenant protection rental assistance: Provided, 

That no less than $1,316,000,000 of the amount provided in 

this paragraph shall be allocated for the calendar year 2008 

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). 

(6) $20,000,000 for incremental voucher assistance through 

the Family Unification Program. 

(7) $75,000,000 for incremental rental voucher assistance 

for use through a supported housing program administered 

in conjunction with the Department of Veterans Affairs as 

authorized under section 8(o)(19) of the United States Housing 

Act of 1937: Provided, That the Secretary of Housing and 

Urban Development shall make such funding available, notwithstanding section 204 (competition provision) of this title, 

Vouchers. 

Notification. 

Deadline. 


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PUBLIC LAW 110–161—DEC. 26, 2007 121 STAT. 2415 

to public housing agencies that partner with eligible VA Medical 

Centers or other entities as designated by the Secretary of 

the Department of Veterans Affairs, based on geographical 

need for such assistance as identified by the Secretary of the 

Department of Veterans Affairs, public housing agency administrative performance, and other factors as specified by the Secretary of Housing and Urban Development in consultation with 

the Secretary of the Department of Veterans Affairs: Provided 

further, That the Secretary of Housing and Urban Development 

may waive, or specify alternative requirements for (in consultation with the Secretary of the Department of Veterans Affairs), 

any provision of any statute or regulation that the Secretary 

of Housing and Urban Development administers in connection 

with the use of funds made available under this paragraph 

(except for requirements related to fair housing, nondiscrimination, labor standards, and the environment), upon a finding 

by the Secretary that any such waivers or alternative requirements are necessary for the effective delivery and administration of such voucher assistance: Provided further, That assistance made available under this paragraph shall continue to 

remain available for homeless veterans upon turn-over. 

(8) $30,000,000 for incremental vouchers under section 8 

of the Act for nonelderly disabled families affected by the designation of a public housing development under section 7 of 

the Act, the establishment of preferences in accordance with 

section 651 of the Housing and Community Development Act 

of 1992 (42 U.S.C. 13611), or the restriction of occupancy to 

elderly families in accordance with section 658 of such Act 

(42 U.S.C. 13618), and to the extent the Secretary determines 

that such amount is not needed to fund applications for such 

affected families, for other nonelderly disabled families. 

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 ‘‘TenantBased Rental Assistance’’, and the heading ‘‘Project-Based Rental 

Assistance’’, for fiscal year 2007 and prior years, $1,250,000,000 

are rescinded, to be effected by the Secretary of Housing and Urban 

Development no later than September 30, 2008: Provided, That 

if insufficient funds exist under these headings, the remaining 

balance may be derived from any other heading under this title: 

Provided further, That the Secretary shall notify the Committees 

on Appropriations 30 days in advance of the rescission of any 

funds derived from the headings specified above: Provided further, 

That any such balances governed by reallocation provisions under 

the statute authorizing the program for which the funds were 

originally appropriated shall be available for the rescission: Provided further, That any obligated balances of contract authority 

from fiscal year 1974 and prior that have been terminated shall 

be cancelled. 

Notification. 

Deadline. 

Deadline. 

Waiver authority. 


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121 STAT. 2416 PUBLIC LAW 110–161—DEC. 26, 2007 

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 

(42 U.S.C. 1437 et seq.) (‘‘the Act’’), not otherwise provided for, 

$6,381,810,000, to remain available until expended: Provided, That 

the amounts made available under this heading are provided as 

follows: 

(1) Up to $6,139,122,000 for expiring or terminating section 

8 project-based subsidy contracts (including section 8 moderate 

rehabilitation contracts), for amendments to section 8 projectbased subsidy contracts (including section 8 moderate 

rehabilitation contracts), for contracts entered into pursuant 

to section 441 of the McKinney-Vento Homeless Assistance 

Act (42 U.S.C. 11401), 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) Not less than $238,728,000 but not to exceed 

$286,230,000 for performance-based contract administrators for 

section 8 project-based assistance: Provided, That the Secretary 

of Housing and Urban Development 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 (12 U.S.C. 1701q); project rental assistance contracts for supportive housing for persons with disabilities under 

section 811(d)(2) of the Cranston-Gonzalez National Affordable 

Housing Act (42 U.S.C. 8013(d)(2)); 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) Not to exceed $3,960,000 may be transferred to the 

Working Capital Fund. 

(4) Amounts recaptured under this heading, the heading 

‘‘Annual Contributions for Assisted Housing’’, or the heading 

‘‘Housing Certificate Fund’’ may be used for renewals of or 

amendments to section 8 project-based contracts or for performance-based contract administrators, notwithstanding the purposes for which such amounts were appropriated. 

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 


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PUBLIC LAW 110–161—DEC. 26, 2007 121 STAT. 2417 

1937 (42 U.S.C. 1437g) (the ‘‘Act’’) $2,438,964,000, to remain available until September 30, 2011: Provided, That notwithstanding 

any other provision of law or regulation, during fiscal year 2008 

the Secretary of Housing and Urban Development 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 $12,000,000 shall be for carrying out activities under section 

9(h) of such Act; not to exceed $16,847,000 may be transferred 

to the Working Capital Fund; and 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): 

Provided further, That no funds may be used under this heading 

for the purposes specified in section 9(k) of the Act: Provided further, 

That of the total amount provided under this heading, not to exceed 

$18,500,000 shall be available for the Secretary to make grants, 

notwithstanding section 204 of this Act, to public housing agencies 

for emergency capital needs resulting from unforeseen or unpreventable emergencies and natural disasters occurring in fiscal year 

2008: Provided further, That of the total amount provided under 

this heading, $40,000,000 shall be for supportive services, service 

coordinators and congregate services as authorized by section 34 

of the Act (42 U.S.C. 1437z–6) and the Native American Housing 

Assistance and Self-Determination Act of 1996 (25 U.S.C. 4101 

et seq.): Provided further, That of the total amount provided under 

this heading up to $8,820,000 is to support the costs of administrative and judicial receiverships: Provided further, That from the 

funds made available under this heading, the Secretary shall provide bonus awards in fiscal year 2008 to public housing agencies 

that are designated high performers. 

PUBLIC HOUSING OPERATING FUND

For 2008 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 (42 U.S.C. 1437g(e)), 

$4,200,000,000; of which $5,940,000 shall be for competitive grants 

and contracts to third parties for the provision of technical assistance to public housing agencies related to the transition and 

implementation of asset-based management in public housing: Provided, That, in fiscal year 2008 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. 

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 

42 USC 1437g 

note. 


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121 STAT. 2418 PUBLIC LAW 110–161—DEC. 26, 2007 

Housing Act of 1937 (42 U.S.C. 1437v), $100,000,000, to remain 

available until September 30, 2008, of which the Secretary of 

Housing and Urban Development shall use $2,400,000 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

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.), $630,000,000, 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 for assistance for a national organization representing Native American Housing interests for providing training 

and technical assistance to Indian Housing authorities and tribally 

designated housing entities as authorized under NAHASDA; and 

$4,250,000 shall be to support the inspection of Indian housing 

units, contract expertise, training, and technical assistance in the 

training, oversight, and management of such Indian housing and 

tenant-based assistance, 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 $17,000,000. 

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.), 

$9,000,000, to remain available until expended, of which $300,000 

shall be for training and technical assistance activities. 

INDIAN HOUSING LOAN GUARANTEE FUND PROGRAM ACCOUNT

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), $7,450,000, to remain available until expended: 


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PUBLIC LAW 110–161—DEC. 26, 2007 121 STAT. 2419 

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: Provided further, That these funds are available to 

subsidize total loan principal, any part of which is to be guaranteed, 

up to $367,000,000. 

NATIVE HAWAIIAN HOUSING LOAN GUARANTEE FUND PROGRAM

ACCOUNT

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), $1,044,000, 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: Provided further, That these funds 

are available to subsidize total loan principal, any part of which 

is to be guaranteed, not to exceed $41,504,255. 

COMMUNITY PLANNING AND DEVELOPMENT

HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS

(INCLUDING TRANSFER OF FUNDS) 

For carrying out the Housing Opportunities for Persons with 

AIDS program, as authorized by the AIDS Housing Opportunity 

Act (42 U.S.C. 12901 et seq.), $300,100,000, to remain available 

until September 30, 2009, except that amounts allocated pursuant 

to section 854(c)(3) of such Act shall remain available until September 30, 2010: 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 not to exceed $1,485,000 of the funds under this heading 

for training, oversight, and technical assistance activities; and not 

to exceed $1,485,000 may be transferred to the Working Capital 

Fund. 

RURAL HOUSING AND ECONOMIC DEVELOPMENT

For the Office of Rural Housing and Economic Development 

in the Department of Housing and Urban Development, 

$17,000,000, to remain available until expended, which amount 

shall be competitively awarded by September 1, 2008, 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, $3,865,800,000, to remain available 

until September 30, 2010, unless otherwise specified: Provided, 

That of the amount provided, $3,593,430,000 is for carrying out 


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121 STAT. 2420 PUBLIC LAW 110–161—DEC. 26, 2007 

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 not to exceed $1,570,000 

may be transferred to the Working Capital Fund: Provided further, 

That $3,000,000 is for technical assistance as authorized by section 

107(b)(4) of such Act: Provided further, That $62,000,000 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, $179,830,000 

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 

explanatory statement accompanying this Act: Provided, That the 

amount made available for each grant shall be at the level of 

98 percent of the corresponding amount cited in said explanatory 

statement: Provided further, That none of the funds provided under 

this paragraph may be used for program operations: Provided further, That, for fiscal years 2006, 2007, and 2008, 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, $25,970,000 

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 explanatory statement accompanying 

this Act: Provided further, That the amount made available for 

each initiative shall be at the level of 98 percent of the corresponding amount cited in said explanatory statement. 

The statement of managers correction referenced in the second 

paragraph under this heading in title III of division A of Public 

Law 109–115 is deemed to be amended with respect to item number 

846 by striking ‘‘Mahonoy City, Pennsylvania for improvements 

to West Market Street’’ and inserting ‘‘Mahanoy City, Pennsylvania 

for improvements to Centre Street’’. 

The statement of managers correction referenced in the second 

paragraph under this heading in title III of division A of Public 

Law 109–115 is deemed to be amended with respect to item number 

250 by striking ‘‘for renovation and construction of a resource 

center’’ and inserting ‘‘for construction of a homeless shelter’’. 

The statement of managers correction referenced in the second 

paragraph under this heading in title III of division A of Public 

Law 109–115 is deemed to be amended with respect to item number 


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PUBLIC LAW 110–161—DEC. 26, 2007 121 STAT. 2421 

713 by striking ‘‘for construction of a senior center’’ and inserting 

‘‘renovation and expansion of facilities’’. 

The statement of managers correction referenced in the second 

paragraph under this heading in title III of division A of Public 

Law 109–115 is deemed to be amended with respect to item number 

844 by striking ‘‘Liverpool Township’’ and inserting ‘‘Liverpool Borough’’. 

The referenced statement of managers under this heading in 

title II of division I of Public Law 108–447 is deemed to be amended 

with respect to item number 36 by striking ‘‘respite care facility’’ 

and inserting ‘‘rehabilitative care facility for the developmentally 

disabled’’. 

The referenced statement of managers under this heading in 

title II of division I of Public Law 108–7 is deemed to be amended 

with respect to item number 608 by striking ‘‘construct’’ and 

inserting ‘‘purchase and make improvements to facilities for’’. 

The referenced statement of managers under this heading in 

title II of division I of Public Law 108–447 is deemed to be amended 

with respect to item number 521 by striking ‘‘Missouri’’ and 

inserting ‘‘Metropolitan Statistical Area’’. 

The referenced statement of managers under the heading 

‘‘Community Development Fund’’ in title II of Public Law 108– 

447 is deemed to be amended with respect to item number 203 

by striking ‘‘equipment’’ and inserting ‘‘renovation and construction’’. 

The referenced statement of managers under the heading 

‘‘Community Development Fund’’ in title III of division A of Public 

Law 109–115 is deemed to be amended with respect to item number 

696 by striking ‘‘a Small Business Development Center’’ and 

inserting ‘‘for revitalization costs at the College of Agriculture Biotechnology and Natural Resources’’. 

The referenced statement of managers under the heading 

‘‘Community Development Fund’’ in title III of division A of Public 

Law 109–115 is deemed to be amended with respect to item number 

460 by striking ‘‘Maine-Mawoshen One Country, Two Worlds 

Project’’ and inserting ‘‘Sharing Maine’s Maritime Heritage 

Project—Construction and access to exhibits’’. 

The referenced statement of managers under the heading 

‘‘Community Development Fund’’ in title III of division A of Public 

Law 109–115 is deemed to be amended with respect to item number 

914 by striking ‘‘the Pastime Theatre in Bristol, Rhode Island 

for building improvements’’ and inserting ‘‘the Institute for the 

Study and Practice of Nonviolence in Providence, Rhode Island 

for building renovations’’. 

The referenced statement of managers under the heading 

‘‘Community Development Fund’’ in title III of division A of Public 

Law 109–115 is deemed to be amended with respect to item number 

918 by striking ‘‘South Kingstown’’ and inserting ‘‘Washington 

County’’. 

The referenced statement of managers under the heading 

‘‘Community Development Fund’’ in title III of division A of Public 

Law 109–115 is deemed to be amended with respect to item number 

624 by striking ‘‘for the construction of a new technology building’’ 

and inserting ‘‘for renovations to the Wheeler Community Center’’. 

The referenced statement of the managers under this heading 

in Public Law 109–115 is deemed to be amended with respect 

to item number 1065 by inserting ‘‘South’’ prior to ‘‘Burlington’’. 


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121 STAT. 2422 PUBLIC LAW 110–161—DEC. 26, 2007 

The referenced statement of managers under the heading 

‘‘Community Development Fund’’ in title III of division A of Public 

Law 109–115 is deemed to be amended with respect to item number 

102 by striking ‘‘for preservation of the CA Mining and Mineral 

Museum’’ and inserting ‘‘for planning, design, and construction 

of the CA Mining and Mineral Museum’’ in its place. 

COMMUNITY DEVELOPMENT LOAN GUARANTEES PROGRAM ACCOUNT

For the cost of guaranteed loans, $4,500,000, to remain available until September 30, 2009, as authorized by section 108 of 

the Housing and Community Development Act of 1974 (42 U.S.C. 

5308): 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 $205,000,000, notwithstanding any aggregate 

limitation on outstanding obligations guaranteed in section 108(k) 

of the Housing and Community Development Act of 1974, as 

amended. 

BROWNFIELDS REDEVELOPMENT

For competitive economic development grants, as authorized 

by section 108(q) of the Housing and Community Development 

Act of 1974, as amended, for Brownfields redevelopment projects, 

$10,000,000, to remain available until September 30, 2009: Provided, That no funds made available under this heading may be 

used to establish loan loss reserves for the section 108 Community 

Development Loan Guarantee program. 

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, $1,704,000,000, to remain available until September 30, 2010, of which not to exceed $3,465,000 may be transferred to the Working Capital Fund: Provided, That up to 

$12,500,000 shall be available for technical assistance: Provided 

further, That of the total amount provided in this paragraph, up 

to $50,000,000 shall be available for housing counseling under 

section 106 of the Housing and Urban Development Act of 1968: 

Provided further, That, from amounts appropriated or otherwise 

made available under this heading, $10,000,000 may be made available to promote broader participation in homeownership through 

the American Dream Downpayment Initiative, as such initiative 

is set forth under section 271 of the Cranston-Gonzalez National 

Affordable Housing Act (42 U.S.C. 12821). 

SELF-HELP AND ASSISTED HOMEOWNERSHIP OPPORTUNITY PROGRAM

For the Self-Help and Assisted Homeownership Opportunity 

Program, as authorized under section 11 of the Housing Opportunity 

Program Extension Act of 1996, as amended, $60,000,000, to remain 

available until September 30, 2010: Provided, That of the total 

amount provided under this heading, $26,500,000 shall be made 

available to the Self-Help and Assisted Homeownership Opportunity 


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PUBLIC LAW 110–161—DEC. 26, 2007 121 STAT. 2423 

Program as authorized under section 11 of the Housing Opportunity 

Program Extension Act of 1996, as amended: Provided further, That $33,500,000 shall be made available for the first four capacity 

building activities authorized under section 4(a) of the HUD Demonstration Act of 1993 (42 U.S.C. 9816 note), of which up to 

$5,000,000 may be made available for rural capacity building 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 McKinneyVento Homeless Assistance Act; and the shelter plus care program 

as authorized under subtitle F of title IV of such Act, 

$1,585,990,000, of which $1,580,990,000 shall remain available until 

September 30, 2010, and of which $5,000,000 shall remain available 

until expended for rehabilitation projects with ten-year grant terms: 

Provided, That of the amounts provided, $25,000,000 shall be set 

aside to conduct a demonstration program for the rapid re-housing 

of homeless families: Provided further, That of amounts made available in the preceding proviso, not to exceed $1,250,000 may be 

used to conduct an evaluation of this demonstration program: Provided further, That funding made available for this demonstration 

program shall be used by the Secretary, expressly for the purposes 

of providing housing and services to homeless families in order 

to evaluate the effectiveness of the rapid re-housing approach in 

addressing the needs of homeless families: Provided further, 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 for individuals and families: 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 Welfareto-Work grant program: Provided further, That up to $8,000,000 

of the funds appropriated under this heading shall be available 

for the national homeless data analysis project and technical assistance: Provided further, That not to exceed $2,475,000 of the funds 

appropriated under this heading may be transferred to the Working 

Capital Fund: Provided further, That all balances for Shelter Plus 

Contracts. 


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121 STAT. 2424 PUBLIC LAW 110–161—DEC. 26, 2007 

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 2008. 

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, 

$735,000,000, to remain available until September 30, 2011, of 

which up to $628,850,000 shall be for capital advance and projectbased rental assistance awards: Provided, That, of the amount 

provided under this heading, up to $60,000,000 shall be for service 

coordinators and the continuation of existing congregate service 

grants for residents of assisted housing projects, and of which 

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 further, 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 not to exceed $1,400,000 of the total amount made 

available under this heading may 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 (42 U.S.C. 8013), 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 

Waiver authority. 


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PUBLIC LAW 110–161—DEC. 26, 2007 121 STAT. 2425 

assistance contracts entered into pursuant to section 811 of such 

Act, $237,000,000, to remain available until September 30, 2011: 

Provided, That not to exceed $600,000 may be transferred to the 

Working Capital Fund: Provided further, That, of the amount pro- vided under this heading, $74,745,000 shall be for amendments 

or renewal of tenant-based assistance contracts entered into prior 

to fiscal year 2005 (only one amendment authorized for any such 

contract): 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 Stateaided, non-insured rental housing projects, $27,600,000, to remain 

available until expended. 

RENT SUPPLEMENT

(RESCISSION) 

Of the amounts made available under the heading ‘‘Rent 

Supplement’’ in Public Law 98–63 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, $37,600,000 are rescinded. 

FLEXIBLE SUBSIDY FUND

(TRANSFER OF FUNDS) 

From the Rental Housing Assistance Fund, all uncommitted 

balances of excess rental charges as of September 30, 2007, and 

any collections made during fiscal year 2008 and all subsequent 

fiscal years, shall be transferred to the Flexible Subsidy Fund, 

as authorized by section 236(g) of the National Housing Act. 

MANUFACTURED HOUSING FEES TRUST FUND

For necessary expenses as authorized by the National Manufactured Housing Construction and Safety Standards Act of 1974 (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 

12 USC 1715z–1 

note. 

Waiver authority. 


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121 STAT. 2426 PUBLIC LAW 110–161—DEC. 26, 2007 

made available under this heading from the general fund shall 

be reduced as such collections are received during fiscal year 2008 

so as to result in a final fiscal year 2008 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 2008 appropriation: Provided further, That for 

the dispute resolution and installation programs, the Secretary 

of Housing and Urban Development may assess and collect fees 

from any program participant: Provided further, That such collections shall be deposited into the Fund, and the Secretary, as provided herein, may use such collections, as well as fees collected 

under section 620, for necessary expenses of such Act: Provided 

further, That notwithstanding the requirements of section 620 of 

such Act, the Secretary may carry out responsibilities of the Secretary under such Act through the use of approved service providers 

that are paid directly by the recipients of their services. 

FEDERAL HOUSING ADMINISTRATION

MUTUAL MORTGAGE INSURANCE PROGRAM ACCOUNT

(INCLUDING TRANSFERS OF FUNDS) 

During fiscal year 2008, 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 2008, 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 contract expenses, $77,400,000, of which not to exceed $25,550,000 may be transferred to the Working Capital Fund, and of which up to $5,000,000 shall be for education 

and outreach of FHA single family loan products: Provided, That 

to the extent guaranteed loan commitments exceed $65,500,000,000 

on or before April 1, 2008, 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 $45,000,000,000 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 


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PUBLIC LAW 110–161—DEC. 26, 2007 121 STAT. 2427 

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. 

For administrative contract expenses necessary to carry out 

the guaranteed and direct loan programs, $78,111,000, of which 

not to exceed $15,692,000 may 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, 2008, 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. 

For discount sales of multifamily real property under sections 

207(1) or 246 of the National Housing Act (12 U.S.C. 1713(l), 

1715z–11), section 203 of the Housing and Community Development 

Amendments of 1978 (12 U.S.C. 1701z–11), or section 204 of the 

Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 1997 (12 

U.S.C. 1715z–11a), and for discount loan sales under section 207(k) 

of the National Housing Act (12 U.S.C. 1713(k)), section 203(k) 

of the Housing and Community Development Amendments of 1978 

(12 U.S.C. 1701z–11(k)), or section 204(a) of the Departments of 

Veterans Affairs and Housing and Urban Development, and Independent Agencies Act, 1997 (12 U.S.C. 1715z–11a(a)), $5,000,000, 

to remain available until September 30, 2009. 

GOVERNMENT NATIONAL MORTGAGE ASSOCIATION

GUARANTEES OF MORTGAGE-BACKED SECURITIES LOAN GUARANTEE

PROGRAM ACCOUNT

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 $200,000,000,000, to remain available 

until September 30, 2009. 

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 (12 U.S.C. 1701z–1 et seq.), 

including carrying out the functions of the Secretary of Housing 

and Urban Development under section 1(a)(1)(i) of Reorganization 

Plan No. 2 of 1968, $51,440,000, to remain available until September 30, 2009: Provided, That of the total amount provided under 

this heading, up to $5,000,000 shall be for the Partnership for 

Advancing Technology in Housing Initiative: Provided further, That 

of the funds made available under this heading, $23,000,000 is 

for grants pursuant to section 107 of the Housing and Community 

Development Act of 1974 (42 U.S.C. 5307): Provided further, That 


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121 STAT. 2428 PUBLIC LAW 110–161—DEC. 26, 2007 

activities for the Partnership for Advancing Technology in Housing 

Initiative shall be administered by the Office of Policy Development 

and Research. 

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, $50,000,000, to remain available until September 30, 2009, of which $24,000,000 shall be to carry out activities 

pursuant to such section 561: Provided, That notwithstanding 31 

U.S.C. 3302, the Secretary may assess and collect fees to cover 

the costs of the Fair Housing Training Academy, and may use 

such funds to provide such training: Provided further, That no 

funds made available under this heading shall be used to lobby 

the executive or legislative branches of the Federal Government 

in connection with a specific contract, grant or loan: Provided further, That of the funds made available under this heading, $380,000 

shall be available to the Secretary of Housing and Urban Development for the creation and promotion of translated materials and 

other programs that support the assistance of persons with limited 

English proficiency in utilizing the services provided by the Department of Housing and Urban Development. 

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, $145,000,000, to remain available until September 

30, 2009, of which $8,800,000 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: Provided further, That each recipient of funds provided under 

the second proviso shall make a matching contribution in an amount 

not less than 25 percent: Provided further, That the Secretary 

may waive the matching requirement cited in the preceding proviso 

on a case by case basis if the Secretary determines that such 

a waiver is necessary to advance the purposes of this program: 

Waiver authority. 

Lobbying. 


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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: Provided further, That of the 

total amount made available under this heading, $2,000,000 shall 

be available for the Big Buy Program to be managed by the Office 

of Healthy Homes and Lead Hazard Control. 

MANAGEMENT AND ADMINISTRATION

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 and maintenance of both Department-wide and 

program-specific information systems, and for program-related 

development activities, $155,000,000, to remain available until September 30, 2009: 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

For necessary salaries and expenses of the Office of Inspector 

General in carrying out the Inspector General Act of 1978, as 

amended, $112,000,000: 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

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, $66,000,000, to 

remain available until expended, to be derived from the Federal 

Housing Enterprises Oversight Fund: Provided, That the Director 

shall submit a spending plan for the amounts provided under this 

heading no later than January 15, 2008: 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 

Spending plan. 

Deadline. 

Plan. 


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121 STAT. 2430 PUBLIC LAW 110–161—DEC. 26, 2007 

appropriation from the general fund estimated at not more than 

$0. 

GENERAL PROVISIONS—DEPARTMENT OF HOUSING AND URBAN

DEVELOPMENT

(INCLUDING RESCISSION OF FUNDS) 

SEC. 201. 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. 202. None of the amounts made available under this 

Act may be used during fiscal year 2008 to investigate or prosecute 

under the Fair Housing Act any otherwise lawful activity engaged 

in by one or more persons, including the filing or maintaining 

of a non-frivolous legal action, that is engaged in solely for the 

purpose of achieving or preventing action by a Government official 

or entity, or a court of competent jurisdiction. 

SEC. 203. (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 2008 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 2008 under such clause (ii) because the areas in the 

State outside of the metropolitan statistical areas that qualify 

under clause (i) in fiscal year 2008 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 2008, 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 2008 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, 

Grants. 


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PUBLIC LAW 110–161—DEC. 26, 2007 121 STAT. 2431 

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 2008 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. 204. Except as explicitly provided in law, any grant, 

cooperative agreement or other assistance made pursuant to title 

II 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 (42 U.S.C. 3545). 

SEC. 205. 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. 206. 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. 207. Corporations and agencies of the Department of 

Housing and Urban Development which are subject to the Government Corporation Control Act, 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 


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121 STAT. 2432 PUBLIC LAW 110–161—DEC. 26, 2007 

forth in the budget for 2008 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. 208. None of the funds provided in this title for technical 

assistance, training, or management improvements may be obligated or expended unless the Secretary of Housing and Urban 

Development 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 2008, the Secretary 

shall transmit this information to the Committees by March 15, 

2008 for 30 days of review. 

SEC. 209. 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. 210. (a) Notwithstanding any other provision of law, the 

amount allocated for fiscal year 2008 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, DelawareMaryland-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 2008 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 2008 under section 854(c) 

of such Act, upon the written request of an applicant, in conjunction 

Reports. 

Deadline. 

Deadline. 

Budget estimate. 


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PUBLIC LAW 110–161—DEC. 26, 2007 121 STAT. 2433 

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. 211. The Secretary of Housing and Urban Development 

shall submit an annual report no later than August 30, 2008 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. 212. The President’s formal budget request for fiscal year 

2009, as well as the Department of Housing and Urban Development’s congressional budget justifications to be submitted to the 

Committees on Appropriations of the House of Representatives and 

the Senate, shall use the identical account and sub-account structure provided under this Act. 

SEC. 213. Amounts made available in this Act or previous 

appropriations Acts for tenant-based rental assistance and used 

for non-elderly disabled families or for the Family Unification Program shall, to the extent practicable, remain available for each 

such respective purpose upon turn-over. 

SEC. 214. A public housing agency or such other entity that 

administers Federal housing assistance for the Housing Authority 

of the county of Los Angeles, California, 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 for the Housing Authority of the county of Los Angeles, 

California and the States of Alaska, Iowa and Mississippi shall 

establish an advisory board of not less than 6 residents of public 

housing or recipients of section 8 assistance to provide advice and 

comment to the public housing agency or other administering entity 

on issues related to public housing and section 8. Such advisory 

board shall meet not less than quarterly. 

SEC. 215. (a) Notwithstanding any other provision of law, subject to the conditions listed in subsection (b), for fiscal years 2008 

and 2009, the Secretary of Housing and Urban Development may 

authorize the transfer of some or all project-based assistance, debt 

and statutorily required low-income and very low-income use 

restrictions, associated with one or more multifamily housing project 

to another multifamily housing project or projects. 

(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 or projects. 

State listing. 

Reports. 

Deadline. 

42 USC 1437 

note. 


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121 STAT. 2434 PUBLIC LAW 110–161—DEC. 26, 2007 

(2) The transferring project shall, as determined by the 

Secretary, be either physically obsolete or economically nonviable. 

(3) The receiving project or projects 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 

or projects shall not be required to vacate their units in the 

transferring project or projects 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 

or projects 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 or projects 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. 

(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 including projects undergoing mark to 

market debt restructuring under the Multifamily Assisted 

Housing Reform and Affordability Housing Act; 

(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; 


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PUBLIC LAW 110–161—DEC. 26, 2007 121 STAT. 2435 

(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) interest reduction payments under section 236 and/ 

or 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 or projects’’ means the multifamily housing project or projects to which some or all of 

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 some or all of the projectbased assistance, debt and the statutorily required low-income 

and very low-income use restrictions to the receiving project 

or projects; and 

(6) the term ‘‘Secretary’’ means the Secretary of Housing 

and Urban Development. 

SEC. 216. 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. 217. No funds provided under this title may be used 

for an audit of the Government National Mortgage Association 

that makes applicable requirements under the Federal Credit 

Reform Act of 1990 (2 U.S.C. 661 et seq.). 

SEC. 218. (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; 

(6) is not a person with disabilities, as such term is defined 

in section 3(b)(3)(E) of the United States Housing Act of 1937 

(42 U.S.C. 1437a(b)(3)(E)) and was not receiving assistance 

under such section 8 as of November 30, 2005; and 

(7) 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 


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121 STAT. 2436 PUBLIC LAW 110–161—DEC. 26, 2007 

private sources, or an institution of higher education (as defined 

under the Higher Education Act of 1965 (20 U.S.C. 1002)), shall 

be considered income to that individual, except for a person over 

the age of 23 with dependent children. 

(c) Not later than 30 days after the date of enactment of 

this Act, the Secretary of Housing and Urban Development shall 

issue final regulations to carry out the provisions of this section. 

SEC. 219. Notwithstanding the limitation in the first sentence 

of section 255(g) of the National Housing Act (12 U.S.C. 1715z– 

20(g)), the Secretary of Housing and Urban Development may, 

until September 30, 2008, insure and enter into commitments to 

insure mortgages under section 255 of the National Housing Act 

(12 U.S.C. 1715z–20). 

SEC. 220. Notwithstanding any other provision of law, in fiscal 

year 2008, in managing and disposing of any multifamily property 

that is owned or has a mortgage 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, 

in consultation with the tenants and the local government, 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 the Multifamily Assisted Housing Reform 

and Affordability Act of 1997 (‘‘MAHRAA’’) and (2) environmental 

conditions that cannot be remedied in a cost-effective fashion, 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 also take appropriate steps 

to ensure that project-based contracts remain in effect prior to 

foreclosure, subject to the exercise of contractual abatement remedies to assist relocation of tenants for imminent major threats 

to health and safety. After disposition of any multifamily property 

described under this section, the contract and allowable rent levels 

on such properties shall be subject to the requirements under 

section 524 of MAHRAA. 

SEC. 221. The National Housing Act is amended— 

(1) in sections 207(c)(3), 213(b)(2)(B)(i), 221(d)(3)(ii)(II), 

221(d)(4)(ii)(II), 231(c)(2)(B), and 234(e)(3)(B) (12 U.S.C. 

1713(c)(3), 1715e(b)(2)(B)(i), 1715l(d)(3)(ii)(II), 1715l(d)(4)(ii)(II), 

1715v(c)(2)(B), and 1715y(e)(3)(B))— 

(A) by striking ‘‘140 percent’’ each place such term 

appears and inserting ‘‘170 percent’’; and 

(B) by striking ‘‘170 percent in high cost areas’’ each 

place such term appears and inserting ‘‘215 percent in 

high cost areas’’; and 

(2) in section 220(d)(3)(B)(iii)(III) (12 U.S.C. 

1715k(d)(3)(B)(iii)(III)) by striking ‘‘206A’’ and all that follows 

through ‘‘project-by-project basis’’ and inserting the following: 

‘‘206A of this Act) by not to exceed 170 percent in any geographical area where the Secretary finds that cost levels so 

require and by not to exceed 170 percent, or 215 percent in 

Deadline. 

Regulations. 


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PUBLIC LAW 110–161—DEC. 26, 2007 121 STAT. 2437 

high cost areas, where the Secretary determines it necessary 

on a project-by-project basis’’. 

SEC. 222. During fiscal year 2008, 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. 223. Notwithstanding any other provision of law, the 

recipient of a grant under section 202b of the Housing Act of 

1959 (12 U.S.C. 1701q–2) after December 26, 2000, in accordance 

with the unnumbered paragraph at the end of section 202(b) of 

such Act, may, at its option, establish a single-asset nonprofit 

entity to own the project and may lend the grant funds to such 

entity, which may be a private nonprofit organization described 

in section 831 of the American Homeownership and Economic 

Opportunity Act of 2000. 

SEC. 224. Section 24 of the United States Housing Act of 

1937 (42 U.S.C. 1437v) is amended— 

(1) in subsection (m)(1), by striking ‘‘2003’’ and inserting 

‘‘2008’’; and 

(2) in subsection (o), by striking ‘‘September 30, 2007’’ 

and inserting ‘‘September 30, 2008’’. 

SEC. 225. Public housing agencies that own and operate 400 

or fewer public housing units may elect to be exempt from any 

asset management requirement imposed by the Secretary of 

Housing and Urban Development in connection with the operating 

fund rule: Provided, That an agency seeking a discontinuance of 

a reduction of subsidy under the operating fund formula shall 

not be exempt from asset management requirements. 

SEC. 226. 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)): Provided, however, that a public 

housing agency may not use capital funds authorized under section 

9(d) for activities that are eligible under section 9(e) for assistance 

with amounts from the operating fund in excess of the amounts 

permitted under section 9(g)(1) or 9(g)(2). 

SEC. 227. The Secretary of Housing and Urban Development 

shall report quarterly to the House of Representatives and Senate 

Committees on Appropriations on the status of all section 8 projectbased housing, including the number of all project-based units 

by region as well as an analysis of all federally subsidized housing 

being refinanced under the Mark-to-Market program. The Secretary 

Reports. 

Deadline. 

42 USC 1437g 

note. 


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121 STAT. 2438 PUBLIC LAW 110–161—DEC. 26, 2007 

shall in the report identify all existing units maintained by region 

as section 8 project-based units and all project-based units that 

have opted out of section 8 or have otherwise been eliminated 

as section 8 project-based units. The Secretary shall identify in 

detail and by project all the efforts made by the Department to 

preserve all section 8 project-based housing units and all the reasons 

for any units which opted out or otherwise were lost as section 

8 project-based units. Such analysis shall include a review of the 

impact of the loss of any subsidized units in that housing marketplace, such as the impact of cost and the loss of available subsidized, 

low-income housing in areas with scarce housing resources for lowincome families. 

SEC. 228. The Secretary of Housing and Urban Development 

shall report quarterly to the House of Representatives and Senate 

Committees on Appropriations on HUD’s use of all sole source 

contracts, including terms of the contracts, cost, and a substantive 

rationale for using a sole source contract. 

SEC. 229. Section 9(e)(2)(C) of the United States Housing Act 

of 1937 (42 U.S.C. 1437g(e)(2)(C)) is amended by adding at the 

end the following: 

‘‘(iv) EXISTING CONTRACTS.—The term of a contract 

described in clause (i) that, as of the date of enactment 

of this clause, is in repayment and has a term of 

not more than 12 years, may be extended to a term 

of not more than 20 years to permit additional energy 

conservation improvements without requiring the reprocurement of energy performance contractors.’’. 

SEC. 230. The Secretary of Housing and Urban Development 

shall increase, pursuant to this section, the number of Movingto-Work agencies authorized under section 204, title II, of the 

Departments of Veterans Affairs and Housing and Urban Development and Independent Agencies Appropriations Act, 1996 (Public 

Law 104–134; 110 Stat. 1321–281) by making individually the 

Alaska Housing Finance Corporation and the housing authorities 

of the counties of San Bernardino and Santa Clara and the city 

of San Jose, California, a Moving-to-Work Agency under such section 204. 

SEC. 231. Notwithstanding any other provision of law, the 

Secretary of Housing and Urban Development may not rescind 

or take any adverse action with respect to the Moving-to-Work 

program designation for the Housing Authority of Baltimore City 

based on any alleged administrative or procedural errors in making 

such designation. 

SEC. 232. Paragraph (4) of section 102(a) of the Housing and 

Community Development Act of 1974 (42 U.S.C. 5302) is amended 

by adding at the end the following new sentence: ‘‘Notwithstanding 

any other provision of this paragraph, with respect to any fiscal 

year beginning after September 30, 2007, the cities of Alton and 

Granite City, Illinois, shall be considered metropolitan cities for 

purposes of this title.’’. 

SEC. 233. (a) The amounts provided under the subheading 

‘‘Program Account’’ under the heading ‘‘Community Development 

Loan Guarantees’’ may be used to guarantee, or make commitments 

to guarantee, notes, or other obligations issued by any State on 

behalf of non-entitlement communities in the State in accordance 

with the requirements of section 108 of the Housing and Community 

Development Act of 1974: Provided, That, any State receiving such 

Reports. 

Deadline. 


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a guarantee or commitment shall distribute all funds subject to 

such guarantee to the units of general local government in nonentitlement areas that received the commitment. 

(b) Not later than 60 days after the date of enactment of 

this Act, the Secretary of Housing and Urban Development shall 

promulgate regulations governing the administration of the funds 

described under subsection (a). 

SEC. 234. Not later than 30 days after the date of enactment 

of this Act, the Secretary of Housing and Urban Development 

shall establish and maintain on the homepage of the Internet 

website of the Department of Housing and Urban Development— 

(1) a direct link to the Internet website of the Office of 

Inspector General of the Department of Housing and Urban 

Development; and 

(2) a mechanism by which individuals may anonymously 

report cases of waste, fraud, or abuse with respect to the 

Department of Housing and Urban Development. 

SEC. 235. (a) REQUIRED SUBMISSIONS FOR FISCAL YEARS 2007 

AND 2008.— 

(1) IN GENERAL.—Not later than 60 days after the date 

of enactment of this Act, the Secretary of Housing and Urban 

Development shall submit to the relevant authorizing committees and to the Committees on Appropriations of the Senate 

and the House of Representatives for fiscal years 2007 and 

2008— 

(A) a complete and accurate accounting of the actual 

project-based renewal costs for project-based assistance 

under section 8 of the United States Housing Act of 1937 

(42 U.S.C. 1437f); 

(B) revised estimates of the funding needed to fully 

fund all 12 months of all project-based contracts under 

such section 8, including project-based contracts that expire 

in fiscal year 2007 and fiscal year 2008; and 

(C) all sources of funding that will be used to fully 

fund all 12 months of the project-based contracts for fiscal 

years 2007 and 2008. 

(2) UPDATED INFORMATION.—At any time after the expiration of the 60-day period described in paragraph (1), the Secretary may submit corrections or updates to the information 

required under paragraph (1), if upon completion of an audit 

of the project-based assistance program under section 8 of the 

United States Housing Act of 1937 (42 U.S.C. 1437f), such 

audit reveals additional information that may provide Congress 

a more complete understanding of the Secretary’s implementation of the project-based assistance program under such section 

8. 

(b) REQUIRED SUBMISSIONS FOR FISCAL YEAR 2009.—As part 

of the Department of Housing and Urban Development’s budget 

request for fiscal year 2009, the Secretary of Housing and Urban 

Development shall submit to the relevant authorizing committees 

and to the Committees on Appropriations of the Senate and the 

House of Representatives complete and detailed information, 

including a project-by-project analysis, that verifies that such 

budget request will fully fund all project-based contracts under 

section 8 of the United States Housing Act of 1937 (42 U.S.C. 

1437f) in fiscal year 2009, including expiring project-based contracts. 

Deadline. 

Deadline. 

Website. 

5 USC app. 6 

note. 

Deadline. 

Regulations. 


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121 STAT. 2440 PUBLIC LAW 110–161—DEC. 26, 2007 

SEC. 236. No official or employee of the Department of Housing 

and Urban Development shall be designated as an allotment holder 

unless the Office of the Chief Financial Officer has determined 

that such allotment holder has implemented an adequate system 

of funds control and has received training in funds control procedures and directives. The Chief Financial Officer shall ensure that, 

not later than 90 days after the date of enactment of this Act, 

a trained allotment holder shall be designated for each HUD subaccount under the headings ‘‘Executive Direction’’ and ‘‘Administration, Operations, and Management’’ as well as each account 

receiving appropriations for ‘‘personnel compensation and benefits’’ 

within the Department of Housing and Urban Development. 

SEC. 237. Payment of attorney fees in program-related litigation 

must be paid from individual program office personnel benefits 

and compensation funding. The annual budget submission for program office personnel benefit and compensation funding must 

include program-related litigation costs for attorney fees as a separate line item request. 

SEC. 238. Of the unobligated balances remaining from funds 

appropriated to the Department of Housing and Urban Development 

under the heading ‘‘Tenant-Based Rental Assistance’’ under section 

21033 of Public Law 110–5, $723,257,000 are rescinded from the 

$4,193,000,000 which became available pursuant to such section 

on October 1, 2007. 

This title may be cited as the ‘‘Department of Housing and 

Urban Development Appropriations Act, 2008’’. 

TITLE III 

RELATED 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, $6,150,000: Provided, 

That, notwithstanding any other provision of law, there may be 

credited to this appropriation funds received for publications and 

training expenses. 

FEDERAL MARITIME COMMISSION

SALARIES AND EXPENSES

For necessary expenses of the Federal Maritime Commission 

as authorized by section 201(d) of the Merchant Marine Act, 1936 

(46 U.S.C. App. 1111), including services as authorized by 5 U.S.C. 

3109; hire of passenger motor vehicles as authorized by 31 U.S.C. 

1343(b); and uniforms or allowances therefore, as authorized by 

5 U.S.C. 5901–5902, $22,072,000: Provided, That not to exceed 

$2,000 shall be available for official reception and representation 

expenses. 

Deadline. 


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PUBLIC LAW 110–161—DEC. 26, 2007 121 STAT. 2441 

NATIONAL TRANSPORTATION SAFETY BOARD

SALARIES AND EXPENSES

For necessary expenses of the National Transportation Safety 

Board, including hire of passenger motor vehicles and aircraft; 

services as authorized by 5 U.S.C. 3109, but at rates for individuals 

not to exceed the per diem rate equivalent to the rate for a GS– 

15; uniforms, or allowances therefor, as authorized by law (5 U.S.C. 

5901–5902) $84,499,000, of which $74,063 is available for payments 

to remedy the violation of the Anti-deficiency Act reported by the 

National Transportation Safety Board on September 26, 2007, and 

not to exceed $2,000 may be used for official reception and representation expenses. The amounts made available to the National 

Transportation Safety Board in this Act include amounts necessary 

to make lease payments due in fiscal year 2008 only, on an obligation incurred in fiscal year 2001 for a capital lease. 

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), $119,800,000, of which $5,000,000 shall be for a multi-family 

rental housing program. 

For an additional amount, $180,000,000 shall be made available 

until expended to the Neighborhood Reinvestment Corporation for 

mortgage foreclosure mitigation activities, under the following terms 

and conditions: 

(1) The Neighborhood Reinvestment Corporation (‘‘NRC’’), 

shall make grants to counseling intermediaries approved by 

the Department of Housing and Urban Development (HUD) 

or the NRC (with match to be determined by the NRC based 

on affordability and the economic conditions of an area; a 

match also may be waived by the NRC based on the aforementioned conditions) to provide mortgage foreclosure mitigation 

assistance primarily to States and areas with high rates of 

defaults and foreclosures primarily in the sub prime housing 

market to help eliminate the default and foreclosure of mortgages of owner-occupied single-family homes that are at risk 

of such foreclosure. Other than areas with high rates of defaults 

and foreclosures, grants may also be provided to approved 

counseling intermediaries based on a geographic analysis of 

the Nation by the NRC which determines where there is a 

prevalence of sub prime mortgages that are risky and likely 

to fail, including any trends for mortgages that are likely to 

default and face foreclosure. A State Housing Finance Agency 

may also be eligible where the State Housing Finance Agency 

meets all the requirements under this paragraph. A HUDor NRC-approved counseling intermediary shall meet certain 

mortgage foreclosure mitigation assistance counseling requirements, as determined by the NRC, and shall be approved 

by HUD or the NRC as meeting these requirements. 

(2) Mortgage foreclosure mitigation assistance shall only 

be made available to homeowners of owner-occupied homes 


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121 STAT. 2442 PUBLIC LAW 110–161—DEC. 26, 2007 

with mortgages in default or in danger of default. These mortgages shall likely be subject to a foreclosure action and homeowners will be provided such assistance that shall consist of 

activities that are likely to prevent foreclosures and result 

in the long-term affordability of the mortgage retained pursuant 

to such activity or another positive outcome for the homeowner. 

No funds made available under this paragraph may be provided 

directly to lenders or homeowners to discharge outstanding 

mortgage balances or for any other direct debt reduction payments. 

(3) The use of Mortgage Foreclosure Mitigation Assistance 

by approved counseling intermediaries and State Housing 

Finance Agencies shall involve a reasonable analysis of the 

borrower’s financial situation, an evaluation of the current 

value of the property that is subject to the mortgage, counseling 

regarding the assumption of the mortgage by another nonFederal party, counseling regarding the possible purchase of 

the mortgage by a non-Federal third party, counseling and 

advice of all likely restructuring and refinancing strategies 

or the approval of a work-out strategy by all interested parties. 

(4) NRC shall award $50,000,000 in mortgage foreclosure 

mitigation grants for States and areas with the greatest needs 

within 60 days of enactment. Additional funds may be awarded 

once the NRC certifies that HUD- or NRC-approved counseling 

intermediaries and State Housing Finance Agencies have the 

need for additional funds in States and areas with high rates 

of mortgage foreclosures, defaults, or related activities and 

the expertise to use these funds effectively. The NRC may 

provide up to 15 percent of the total funds under this paragraph 

to its own charter members with expertise in foreclosure 

prevention counseling, subject to a certification by the NRC 

that the procedures for selection do not consist of any procedures or activities that could be construed as an unacceptable 

conflict of interest or have the appearance of impropriety. 

(5) NRC- or HUD-approved counseling entities and State 

Housing Finance Agencies receiving funds under this paragraph 

shall have demonstrated experience in successfully working 

with financial institutions as well as borrowers facing default, 

delinquency and foreclosure as well as documented counseling 

capacity, outreach capacity, past successful performance and 

positive outcomes with documented counseling plans (including 

post mortgage foreclosure mitigation counseling), loan workout 

agreements and loan modification agreements. 

(6) Of the total amount made available under this paragraph, up to $5,000,000 may be made available to build the 

mortgage foreclosure and default mitigation counseling capacity 

of counseling intermediaries through NRC training courses with 

HUD- or NRC-approved counseling intermediaries and their 

partners, except that private financial institutions that participate in NRC training shall pay market rates for such training. 

(7) Of the total amount made available under this paragraph, up to 4 percent may be used for associated administrative expenses for the NRC to carry out activities provided 

under this section. 

(8) Mortgage foreclosure mitigation assistance may include 

a budget for outreach and advertising, as determined by the 

NRC. 

Grants. 

Deadline. 


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PUBLIC LAW 110–161—DEC. 26, 2007 121 STAT. 2443 

(9) The NRC shall report bi-annually to the House and 

Senate Committees on Appropriations as well as the Senate 

Banking Committee and House Financial Services Committee 

on its efforts to mitigate mortgage default. Such reports shall 

identify successful strategies and methods for preserving 

homeownership and the long-term affordability of at-risk mortgages and shall include recommended efforts that will or likely 

can assist in the success of this program as well as an analysis 

of any policy and procedures that failed to result in successful 

mortgage foreclosure mitigation. The report shall include an 

analysis of the details and use of any post mitigation counseling 

of assisted borrowers designed to ensure the continued longterm affordability of the mortgages which were the subject 

of the mortgage foreclosure mitigation assistance. 

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, $2,150,000. 

Title II of the McKinney-Vento Homeless Assistance Act, as 

amended, is amended in section 209 by striking ‘‘2007’’ and inserting 

‘‘2008’’. 

TITLE IV 

GENERAL PROVISIONS THIS ACT 

(INCLUDING TRANSFERS OF FUNDS) 

SEC. 401. Such sums as may be necessary for fiscal year 2008 

pay raises for programs funded in this Act shall be absorbed within 

the levels appropriated in this Act or previous appropriations Acts. 

SEC. 402. 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. 403. 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. 404. 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. 405. 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 

Contracts. 

42 USC 11319. 

Reports. 

Deadline. 


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121 STAT. 2444 PUBLIC LAW 110–161—DEC. 26, 2007 

available for obligation or expenditure in fiscal year 2008, 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 explanatory statement 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. 406. Except as otherwise specifically provided by law, 

not to exceed 50 percent of unobligated balances remaining available 

at the end of fiscal year 2008 from appropriations made available 

for salaries and expenses for fiscal year 2008 in this Act, shall 

remain available through September 30, 2009, 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. 407. 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, 2008. Such report shall include the contractor, the 

amount of the contract and the rationale for using a sole source 

contract. 

SEC. 408. (a) None of the funds made available in this 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; 

Reports. 

Deadline. 

Deadline. 

Reports. 


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PUBLIC LAW 110–161—DEC. 26, 2007 121 STAT. 2445 

(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. 409. None of the funds made available in this Act may 

be used to provide homeownership assistance for applicants 

described in 274A(h)(3) of the Immigration and Nationality Act 

(8 U.S.C. 1324a(h)(3)). 

SEC. 410. None of the funds in this Act may be used to employ 

workers described in section 274A(h)(3) of the Immigration and 

Nationality Act (8 U.S.C. 1324a(h)(3)). 

SEC. 411. 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, waterrelated 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. 412. 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. 413. 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. 414. No funds appropriated pursuant to this Act may 

be expended by an entity unless the entity agrees that in expending 

Eminent domain. 


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121 STAT. 2446 PUBLIC LAW 110–161—DEC. 26, 2007 

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. 415. 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). 

This division may be cited as the ‘‘Transportation, Housing 

and Urban Development, and Related Agencies Appropriations Act, 

2008’’. 

DIVISION L—SUPPLEMENTAL APPROPRIATIONS, DEFENSE 

TITLE I—MILITARY PERSONNEL 

MILITARY PERSONNEL 

MILITARY PERSONNEL, ARMY

For an additional amount for ‘‘Military Personnel, Army’’, $782,500,000. 

MILITARY PERSONNEL, NAVY

For an additional amount for ‘‘Military Personnel, Navy’’, 

$95,624,000. 

MILITARY PERSONNEL, MARINE CORPS

For an additional amount for ‘‘Military Personnel, Marine Corps’’, $56,050,000. 

MILITARY PERSONNEL, AIR FORCE

For an additional amount for ‘‘Military Personnel, Air Force’’, $138,037,000. 

TITLE II—OPERATION AND MAINTENANCE 

OPERATION AND MAINTENANCE 

OPERATION AND MAINTENANCE, ARMY

For an additional amount for ‘‘Operation and Maintenance, 

Army’’, $35,152,370,000. 

OPERATION AND MAINTENANCE, NAVY

(INCLUDING TRANSFERS OF FUNDS) 

For an additional amount for ‘‘Operation and Maintenance, Navy’’, $3,664,000,000: Provided, That up to $110,000,000 shall 

be transferred to the Coast Guard ‘‘Operating Expenses’’ account. 

OPERATION AND MAINTENANCE, MARINE CORPS

For an additional amount for ‘‘Operation and Maintenance, 

Marine Corps’’, $3,965,638,000. 

Emergency 

Supplemental 

Appropriations 

Act for Defense, 

2008. 


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PUBLIC LAW 110–161—DEC. 26, 2007 121 STAT. 2447 

OPERATION AND MAINTENANCE, AIR FORCE

For an additional amount for ‘‘Operation and Maintenance, 

Air Force’’, $4,778,000,000. 

OPERATION AND MAINTENANCE, DEFENSE-WIDE

For an additional amount for ‘‘Operation and Maintenance, 

Defense-Wide’’, $2,116,950,000, of which up to $300,000,000, to 

remain available until expended, may be used for payments to 

reimburse Pakistan, Jordan, and other key cooperating nations, 

for logistical, military, and other support provided, or to be provided, 

to United States military operations, notwithstanding any other 

provision of law: Provided, That such payments may be made in 

such amounts as the Secretary of Defense, with the concurrence 

of the Secretary of State, and in consultation with the Director 

of the Office of Management and Budget, may determine, in his 

discretion, based on documentation determined by the Secretary 

of Defense to adequately account for the support provided, and 

such determination is final and conclusive upon the accounting 

officers of the United States, and 15 days following notification 

to the appropriate congressional committees: Provided further, That 

the Secretary of Defense shall provide quarterly reports to the 

congressional defense committees on the use of funds provided 

in this paragraph. 

OPERATION AND MAINTENANCE, ARMY RESERVE

For an additional amount for ‘‘Operation and Maintenance, 

Army Reserve’’, $77,736,000. 

OPERATION AND MAINTENANCE, NAVY RESERVE

For an additional amount for ‘‘Operation and Maintenance, 

Navy Reserve’’, $41,657,000. 

OPERATION AND MAINTENANCE, MARINE CORPS RESERVE

For an additional amount for ‘‘Operation and Maintenance, 

Marine Corps Reserve’’, $46,153,000. 

OPERATIONS AND MAINTENANCE, AIR FORCE RESERVE

For an additional amount for ‘‘Operation and Maintenance, 

Air Force Reserve’’, $12,133,000. 

OPERATION AND MAINTENANCE, ARMY NATIONAL GUARD

For an additional amount for ‘‘Operation and Maintenance, 

Army National Guard’’, $327,000,000. 

OPERATION AND MAINTENANCE, AIR NATIONAL GUARD

For an additional amount for ‘‘Operation and Maintenance, 

Air National Guard’’, $51,634,000. 

Reports. 

Deadline. 

Notification. 


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121 STAT. 2448 PUBLIC LAW 110–161—DEC. 26, 2007 

IRAQ FREEDOM FUND

(INCLUDING TRANSFER OF FUNDS) 

For an additional amount for ‘‘Iraq Freedom Fund’’, $3,747,327,000, to remain available for transfer until September 

30, 2009, only to support operations in Iraq or Afghanistan: Provided, That the Secretary of Defense may transfer the funds provided herein to appropriations for military personnel; operation 

and maintenance; Overseas Humanitarian, Disaster, and Civic Aid; 

procurement; research, development, test and evaluation; and 

working capital funds: Provided further, That funds transferred 

shall be merged with and be available for the same purposes and 

for the same time period as the appropriation or fund to which 

transferred: Provided further, That this transfer authority is in 

addition to any other transfer authority available to the Department 

of Defense: Provided further, That upon a determination that all 

or part of the funds transferred from this appropriation are not 

necessary for the purposes provided herein, such amounts may 

be transferred back to this appropriation: Provided further, That 

the Secretary of Defense shall, not fewer than 5 days prior to 

making transfers from this appropriation, notify the congressional 

defense committees in writing of the details of any such transfer: 

Provided further, That the Secretary shall submit a report no later 

than 30 days after the end of each fiscal quarter to the congressional 

defense committees summarizing the details of the transfer of funds 

from this appropriation. 

AFGHANISTAN SECURITY FORCES FUND

(INCLUDING TRANSFER OF FUNDS) 

For the ‘‘Afghanistan Security Forces Fund’’, $1,350,000,000, 

to remain available until September 30, 2009: Provided, That such 

funds shall be available to the Secretary of Defense, notwithstanding any other provision of law, for the purpose of allowing 

the Commander, Office of Security Cooperation–Afghanistan, or 

the Secretary’s designee, to provide assistance, with the concurrence 

of the Secretary of State, to the security forces of Afghanistan, 

including the provision of equipment, supplies, services, training, 

facility and infrastructure repair, renovation, and construction, and 

funding: Provided further, That the authority to provide assistance 

under this heading is in addition to any other authority to provide 

assistance to foreign nations: Provided further, That the Secretary 

of Defense may transfer such funds to appropriations for military 

personnel; operation and maintenance; Overseas Humanitarian, 

Disaster, and Civic Aid; procurement; research, development, test 

and evaluation; and defense working capital funds to accomplish 

the purposes provided herein: Provided further, That this transfer 

authority is in addition to any other transfer authority available 

to the Department of Defense: Provided further, That upon a determination that all or part of the funds so transferred from this 

appropriation are not necessary for the purposes provided herein, 

such amounts may be transferred back to this appropriation: Provided further, That contributions of funds for the purposes provided 

herein from any person, foreign government, or international 

organization may be credited to this Fund, and used for such 

Notification. purposes: Provided further, That the Secretary shall notify the 

Reports. 

Deadline. 

Deadline. 

Notification. 


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PUBLIC LAW 110–161—DEC. 26, 2007 121 STAT. 2449 

congressional defense committees in writing upon the receipt and 

upon the transfer of any contribution delineating the sources and 

amounts of the funds received and the specific use of such contributions: Provided further, That the Secretary of Defense shall, not 

fewer than 5 days prior to making transfers from this appropriation 

account, notify the congressional defense committees in writing 

of the details of any such transfer: Provided further, That the 

Secretary shall submit a report no later than 30 days after the 

end of each fiscal quarter to the congressional defense committees 

summarizing the details of the transfer of funds from this appropriation. 

IRAQ SECURITY FORCES FUND

(INCLUDING TRANSFER OF FUNDS) 

For the ‘‘Iraq Security Forces Fund’’, $1,500,000,000, to remain 

available until September 30, 2009: Provided, That such funds 

shall be available to the Secretary of Defense, notwithstanding 

any other provision of law, for the purpose of allowing the Commander, Multi-National Security Transition Command–Iraq, or the 

Secretary’s designee, to provide assistance, with the concurrence 

of the Secretary of State, to the security forces of Iraq, including 

the provision of equipment, supplies, services, training, facility and 

infrastructure repair, renovation, and construction, and funding: 

Provided further, That the authority to provide assistance under 

this heading is in addition to any other authority to provide assistance to foreign nations: Provided further, That the Secretary of 

Defense may transfer such funds to appropriations for military 

personnel; operation and maintenance; Overseas Humanitarian, 

Disaster, and Civic Aid; procurement; research, development, test 

and evaluation; and defense working capital funds to accomplish 

the purposes provided herein: Provided further, That this transfer 

authority is in addition to any other transfer authority available 

to the Department of Defense: Provided further, That upon a determination that all or part of the funds so transferred from this 

appropriation are not necessary for the purposes provided herein, 

such amounts may be transferred back to this appropriation: Provided further, That contributions of funds for the purposes provided 

herein from any person, foreign government, or international 

organization may be credited to this Fund, and used for such 

purposes: Provided further, That the Secretary shall notify the 

congressional defense committees in writing upon the receipt and 

upon the transfer of any contribution delineating the sources and 

amounts of the funds received and the specific use of such contributions: Provided further, That the Secretary of Defense shall, not 

fewer than 5 days prior to making transfers from this appropriation 

account, notify the congressional defense committees in writing 

of the details of any such transfer: Provided further, That the 

Secretary shall submit a report no later than 30 days after the 

end of each fiscal quarter to the congressional defense committees 

summarizing the details of the transfer of funds from this appropriation. 

Reports. 

Deadline. 

Deadline. 

Notification. 

Notification. 

Reports. 

Deadline. 

Deadline. 

Notification. 


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121 STAT. 2450 PUBLIC LAW 110–161—DEC. 26, 2007 

JOINT IMPROVISED EXPLOSIVE DEVICE DEFEAT FUND

(INCLUDING TRANSFER OF FUNDS) 

For the ‘‘Joint Improvised Explosive Device Defeat Fund’’, $4,269,000,000, to remain available until September 30, 2010: Provided, That such funds shall be available to the Secretary of 

Defense, notwithstanding any other provision of law, for the purpose 

of allowing the Director of the Joint Improvised Explosive Device 

Defeat Organization to investigate, develop and provide equipment, 

supplies, services, training, facilities, personnel and funds to assist 

United States forces in the defeat of improvised explosive devices: 

Provided further, That within 60 days of the enactment of this 

Act, a plan for the intended management and use of the Fund 

is provided to the congressional defense committees: Provided further, That the Secretary of Defense shall submit a report not later 

than 30 days after the end of each fiscal quarter to the congressional 

defense committees providing assessments of the evolving threats, 

individual service requirements to counter the threats, the current 

strategy for predeployment training of members of the Armed Forces 

on improvised explosive devices, and details on the execution of 

this Fund: Provided further, That the Secretary of Defense may 

transfer funds provided herein to appropriations for military personnel; operation and maintenance; procurement; research, development, test and evaluation; and defense working capital funds to 

accomplish the purpose provided herein: Provided further, That 

this transfer authority is in addition to any other transfer authority 

available to the Department of Defense: Provided further, That 

upon determination that all or part of the funds so transferred 

from this appropriation are not necessary for the purpose provided 

herein, such amounts may be transferred back to this appropriation: 

Provided further, That the Secretary of Defense shall, not fewer 

than 5 days prior to making transfers from this appropriation, 

notify the congressional defense committees in writing of the details 

of any such transfer. 

TITLE III—PROCUREMENT 

PROCUREMENT 

AIRCRAFT PROCUREMENT, ARMY

For an additional amount for ‘‘Aircraft Procurement, Army’’, 

$943,600,000, to remain available for obligation until September 

30, 2010. 

PROCUREMENT OF WEAPONS AND TRACKED COMBAT VEHICLES, 

ARMY

For an additional amount for ‘‘Procurement of Weapons and Tracked Combat Vehicles, Army’’, $1,429,445,000, to remain available for obligation until September 30, 2010. 

PROCUREMENT OF AMMUNITION, ARMY

For an additional amount for ‘‘Procurement of Ammunition, 

Army’’, $154,000,000, to remain available for obligation until September 30, 2010. 

Deadline. 

Notification. 

Reports. 

Deadline. 

Deadline. 

Plan. 


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PUBLIC LAW 110–161—DEC. 26, 2007 121 STAT. 2451 

OTHER PROCUREMENT, ARMY

For an additional amount for ‘‘Other Procurement, Army’’, 

$2,027,800,000, to remain available for obligation until September 

30, 2010. 

AIRCRAFT PROCUREMENT, NAVY

For an additional amount for ‘‘Aircraft Procurement, Navy’’, 

$48,500,000, to remain available for obligation until September 

30, 2010. 

PROCUREMENT OF AMMUNITION, NAVY AND MARINE CORPS

For an additional amount for ‘‘Procurement of Ammunition, 

Navy and Marine Corps’’, $304,945,000, to remain available for 

obligation until September 30, 2010. 

OTHER PROCUREMENT, NAVY

For an additional amount for ‘‘Other Procurement, Navy’’, 

$91,481,000, to remain available for obligation until September 

30, 2010. 

PROCUREMENT, MARINE CORPS

For an additional amount for ‘‘Procurement, Marine Corps’’, 

$703,250,000, to remain available for obligation until September 

30, 2010. 

AIRCRAFT PROCUREMENT, AIR FORCE

For an additional amount for ‘‘Aircraft Procurement, Air Force’’, 

$51,400,000, to remain available for obligation until September 

30, 2010. 

OTHER PROCUREMENT, AIR FORCE

For an additional amount for ‘‘Other Procurement, Air Force’’, 

$30,725,000, to remain available for obligation until September 

30, 2010. 

PROCUREMENT, DEFENSE-WIDE

For an additional amount for ‘‘Procurement, Defense-Wide’’, 

$274,743,000, to remain available for obligation until September 

30, 2010. 

TITLE IV—REVOLVING AND MANAGEMENT FUNDS 

REVOLVING AND MANAGEMENT FUNDS 

DEFENSE WORKING CAPITAL FUNDS

For an additional amount of ‘‘Defense Working Capital Funds’’, 

$1,000,000,000, to remain available for obligation until September 

30, 2010. 


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121 STAT. 2452 PUBLIC LAW 110–161—DEC. 26, 2007 

TITLE V—OTHER DEPARTMENT OF DEFENSE PROGRAMS 

OTHER DEPARTMENT OF DEFENSE PROGRAMS 

DEFENSE HEALTH PROGRAM

For an additional amount for ‘‘Defense Health Program’’, 

$575,701,000 for Operation and maintenance. 

DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES, DEFENSE

For an additional amount for ‘‘Drug Interdiction and Counter- Drug Activities, Defense’’, $192,601,000. 

TITLE VI—GENERAL PROVISIONS 

GENERAL PROVISIONS 

SEC. 601. Appropriations provided in this division are available 

for obligation until September 30, 2008, unless otherwise so provided in this division. 

SEC. 602. Notwithstanding any other provision of law or of 

this division, funds made available in this division are in addition 

to amounts appropriated or otherwise made available for the 

Department of Defense for fiscal year 2008. 

(TRANSFER OF FUNDS) 

SEC. 603. Upon the determination of the Secretary of Defense 

that such action is necessary in the national interest, the Secretary 

may transfer between appropriations up to $4,000,000,000 of the 

funds made available to the Department of Defense in this division: 

Provided, That the Secretary shall notify the Congress promptly 

of each transfer made pursuant to the authority in this section: 

Provided further, That the authority provided in this section is 

in addition to any other transfer authority available to the Department of Defense. 

SEC. 604. Funds appropriated in this division, or made available 

by the transfer of funds in or pursuant to this division, for intelligence 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). 

SEC. 605. None of the funds provided in this division may 

be used to finance programs or activities denied by Congress in 

fiscal years 2007 or 2008 appropriations to the Department of 

Defense or to initiate a procurement or research, development, 

test and evaluation new start program without prior written 

notification to the congressional defense committees. 

SEC. 606. (a) AVAILABILITY OF FUNDS FOR CERP.—From funds 

made available in this division to the Department of Defense, 

not to exceed $500,000,000 may be used, notwithstanding any other 

provision of law, to fund the Commander’s Emergency Response 

Program, for the purpose of enabling military commanders in Iraq 

to respond to urgent humanitarian relief and reconstruction requirements within their areas of responsibility by carrying out programs 

that will immediately assist the Iraqi people, and to fund a similar 

program to assist the people of Afghanistan. 

Notification. 


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PUBLIC LAW 110–161—DEC. 26, 2007 121 STAT. 2453 

(b) QUARTERLY REPORTS.—Not later than 15 days after the 

end of each fiscal year quarter (beginning with the first quarter 

of fiscal year 2008), the Secretary of Defense shall submit to the 

congressional defense committees a report regarding the source 

of funds and the allocation and use of funds during that quarter 

that were made available pursuant to the authority provided in 

this section or under any other provision of law for the purposes 

of the programs under subsection (a). 

SEC. 607. During the current fiscal year, funds available to 

the Department of Defense for operation and maintenance may 

be used, notwithstanding any other provision of law, to provide 

supplies, services, transportation, including airlift and sealift, and 

other logistical support to coalition forces supporting military and 

stability operations in Iraq and Afghanistan: Provided, That the 

Secretary of Defense shall provide quarterly reports to the congressional defense committees regarding support provided under this 

section. 

SEC. 608. During fiscal year 2008, supervision and administration costs associated with projects carried out with funds appropriated to ‘‘Afghanistan Security Forces Fund’’ or ‘‘Iraq Security 

Forces Fund’’ in this division may be obligated at the time a 

construction contract is awarded: Provided, That for the purpose 

of this section, supervision and administration costs include all 

in-house Government costs. 

SEC. 609. (a) REPORTS ON PROGRESS TOWARD STABILITY IN

IRAQ.—Not later than 60 days after the date of the enactment 

of this Act and every 90 days thereafter through the end of fiscal 

year 2008, the Secretary of Defense shall set forth in a report 

to Congress a comprehensive set of performance indicators and 

measures for progress toward military and political stability in 

Iraq. 

(b) SCOPE OF REPORTS.—Each report shall include performance 

standards and goals for security, economic, and security force 

training objectives in Iraq together with a notional timetable for 

achieving these goals. 

(c) SPECIFIC ELEMENTS.—In specific, each report shall require, 

at a minimum, the following: 

(1) With respect to stability and security in Iraq, the following: 

(A) Key measures of political stability, including the 

important political milestones that must be achieved over 

the next several years. 

(B) The primary indicators of a stable security environment in Iraq, such as number of engagements per day, 

numbers of trained Iraqi forces, and trends relating to 

numbers and types of ethnic and religious-based hostile 

encounters. 

(C) An assessment of the estimated strength of the 

insurgency in Iraq and the extent to which it is composed 

of non-Iraqi fighters. 

(D) A description of all militias operating in Iraq, 

including the number, size, equipment strength, military 

effectiveness, sources of support, legal status, and efforts 

to disarm or reintegrate each militia. 

(E) Key indicators of economic activity that should 

be considered the most important for determining the prospects of stability in Iraq, including— 

Reports. 

Deadline. 


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121 STAT. 2454 PUBLIC LAW 110–161—DEC. 26, 2007 

(i) unemployment levels; 

(ii) electricity, water, and oil production rates; and 

(iii) hunger and poverty levels. 

(F) The criteria the Administration will use to determine when it is safe to begin withdrawing United States 

forces from Iraq. 

(2) With respect to the training and performance of security 

forces in Iraq, the following: 

(A) The training provided Iraqi military and other 

Ministry of Defense forces and the equipment used by 

such forces. 

(B) Key criteria for assessing the capabilities and readiness of the Iraqi military and other Ministry of Defense 

forces, goals for achieving certain capability and readiness 

levels (as well as for recruiting, training, and equipping 

these forces), and the milestones and notional timetable 

for achieving these goals. 

(C) The operational readiness status of the Iraqi military forces, including the type, number, size, and organizational structure of Iraqi battalions that are— 

(i) capable of conducting counterinsurgency operations independently; 

(ii) capable of conducting counterinsurgency operations with the support of United States or coalition 

forces; or 

(iii) not ready to conduct counterinsurgency operations. 

(D) The rates of absenteeism in the Iraqi military 

forces and the extent to which insurgents have infiltrated 

such forces. 

(E) The training provided Iraqi police and other Ministry of Interior forces and the equipment used by such 

forces. 

(F) Key criteria for assessing the capabilities and readiness of the Iraqi police and other Ministry of Interior 

forces, goals for achieving certain capability and readiness 

levels (as well as for recruiting, training, and equipping), 

and the milestones and notional timetable for achieving 

these goals, including— 

(i) the number of police recruits that have received 

classroom training and the duration of such instruction; 

(ii) the number of veteran police officers who have 

received classroom instruction and the duration of such 

instruction; 

(iii) the number of police candidates screened by 

the Iraqi Police Screening Service, the number of candidates derived from other entry procedures, and the 

success rates of those groups of candidates; 

(iv) the number of Iraqi police forces who have 

received field training by international police trainers 

and the duration of such instruction; and 

(v) attrition rates and measures of absenteeism 

and infiltration by insurgents. 

(G) The estimated total number of Iraqi battalions 

needed for the Iraqi security forces to perform duties now 

being undertaken by coalition forces, including defending 


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PUBLIC LAW 110–161—DEC. 26, 2007 121 STAT. 2455 

the borders of Iraq and providing adequate levels of law 

and order throughout Iraq. 

(H) The effectiveness of the Iraqi military and police 

officer cadres and the chain of command. 

(I) The number of United States and coalition advisors 

needed to support the Iraqi security forces and associated 

ministries. 

(J) An assessment, in a classified annex if necessary, 

of United States military requirements, including planned 

force rotations, through the end of calendar year 2008. 

SEC. 610. Each amount appropriated or otherwise made available in this division is designated as an emergency requirement 

and necessary to meet emergency needs pursuant to subsections 

(a) and (b) of section 204 of S. Con. Res. 21 (110th Congress), 

the concurrent resolution on the budget for fiscal year 2008. 

SEC. 611. None of the funds appropriated or otherwise made 

available by this division may be obligated or expended to provide 

award fees to any defense contractor for performance that does 

not meet the requirements of the contract. 

SEC. 612. No funds appropriated or otherwise made available 

by this division may be used by the Government of the United 

States to enter into an agreement with the Government of Iraq 

that would subject members of the Armed Forces of the United 

States to the jurisdiction of Iraq criminal courts or punishment 

under Iraq law. 

SEC. 613. Notwithstanding any other provision of law, the 

Secretary of the Army may reimburse a member for expenses 

incurred by the member or family member when such expenses 

are otherwise not reimbursable under law: Provided, That such 

expenses must have been incurred in good faith as a direct consequence of reasonable preparation for, or execution of, military 

orders: Provided further, That reimbursement under this section 

shall be allowed only in situations wherein other authorities are 

insufficient to remedy a hardship determined by the Secretary, 

and only when the Secretary determines that reimbursement of 

the expense is in the best interest of the member and the United 

States. 


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121 STAT. 2456 PUBLIC LAW 110–161—DEC. 26, 2007 

LEGISLATIVE HISTORY—H.R. 2764: 

HOUSE REPORTS: No. 110–197 (Comm. on Appropriations). 

SENATE REPORTS: No. 110–128 (Comm. on Appropriations). 

CONGRESSIONAL RECORD, Vol. 153 (2007): 

June 20, 21, considered and passed House. 

Sept. 6, considered and passed Senate, amended. 

Dec. 17, House concurred in Senate amendment with amendments. 

Dec. 18, Senate concurred in certain House amendments, in 

another with an amendment. 

Dec. 19, House concurred in Senate amendment pursuant to 

H. Res. 893. 

WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 43 (2007): 

Dec. 26, Presidential statement. 

Æ 

SEC. 614. In this division, the term ‘‘congressional defense 

committees’’ means— 

(1) the Committees on Armed Services and Appropriations 

of the Senate; and 

(2) the Committees on Armed Services and Appropriations 

of the House of Representatives. 

SEC. 615. This division may be cited as the ‘‘Emergency Supplemental Appropriations Act for Defense, 2008’’. 

Approved December 26, 2007. 


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