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PUBLIC LAW 110–161—DEC. 26, 2007

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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
Dec. 26, 2007
[H.R. 2764]
Consolidated
Appropriations
Act, 2007.

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

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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

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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
1 USC 1 note.

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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.

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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.
Agriculture,
Rural
Development,
Food and Drug
Administration,
and Related
Agencies
Appropriations
Act, 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.

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OFFICE OF BUDGET AND PROGRAM ANALYSIS

For necessary expenses of the Office of Budget and Program
Analysis, $8,270,000.

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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.

Reports.

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
$20,496,000.

expenses

of

the

Office

of

Civil

Rights,

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

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(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.

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Notification.

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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.

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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

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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

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7 USC 2254.

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121 STAT. 1850

Maryland.

Tobacco and
tobacco products.
7 USC 2254a.

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

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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.

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PUBLIC LAW 110–161—DEC. 26, 2007

121 STAT. 1851

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.

Tobacco and
tobacco products.
7 USC 2254b.

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.

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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

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121 STAT. 1852

PUBLIC LAW 110–161—DEC. 26, 2007

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.

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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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PUBLIC LAW 110–161—DEC. 26, 2007

121 STAT. 1853

the Grain Inspection, Packers and Stockyards Administration;
$721,000.
ANIMAL AND PLANT HEALTH INSPECTION SERVICE
SALARIES AND EXPENSES

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(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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121 STAT. 1854

PUBLIC LAW 110–161—DEC. 26, 2007
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

Notification.

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.

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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.

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PUBLIC LAW 110–161—DEC. 26, 2007

121 STAT. 1855

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.

Notification.

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.

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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.

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positions.

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121 STAT. 1856

PUBLIC LAW 110–161—DEC. 26, 2007
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

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(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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PUBLIC LAW 110–161—DEC. 26, 2007

121 STAT. 1857

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.

Pink Bollworm.

Notification.
Deadline.

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).

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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

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121 STAT. 1858

PUBLIC LAW 110–161—DEC. 26, 2007

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

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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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PUBLIC LAW 110–161—DEC. 26, 2007

121 STAT. 1859

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.

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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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121 STAT. 1860

PUBLIC LAW 110–161—DEC. 26, 2007
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

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(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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PUBLIC LAW 110–161—DEC. 26, 2007

121 STAT. 1861

$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’’.

Alaska.

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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

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121 STAT. 1862
Applicability.

PUBLIC LAW 110–161—DEC. 26, 2007

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

Vouchers.

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Loans.

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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

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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 appropriated, $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

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(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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PUBLIC LAW 110–161—DEC. 26, 2007

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

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(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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PUBLIC LAW 110–161—DEC. 26, 2007

121 STAT. 1865

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

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(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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121 STAT. 1866

PUBLIC LAW 110–161—DEC. 26, 2007
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

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(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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PUBLIC LAW 110–161—DEC. 26, 2007

121 STAT. 1867

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

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(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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121 STAT. 1868

PUBLIC LAW 110–161—DEC. 26, 2007

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

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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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PUBLIC LAW 110–161—DEC. 26, 2007

121 STAT. 1869

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).

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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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121 STAT. 1870

Armed Forces.

PUBLIC LAW 110–161—DEC. 26, 2007

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.

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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.

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PUBLIC LAW 110–161—DEC. 26, 2007

121 STAT. 1871

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.

Notification.

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

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(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

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121 STAT. 1872

PUBLIC LAW 110–161—DEC. 26, 2007

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

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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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PUBLIC LAW 110–161—DEC. 26, 2007

121 STAT. 1873

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

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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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121 STAT. 1874

PUBLIC LAW 110–161—DEC. 26, 2007
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)

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7 USC 2209b
note.

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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

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PUBLIC LAW 110–161—DEC. 26, 2007

121 STAT. 1875

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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Notifications.
Deadlines.

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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.

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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

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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.

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42 USC 1761
note.

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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

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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

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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.

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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’’.

Recission.

Applicability.

Deadline.
Reports.

DIVISION B—COMMERCE, JUSTICE, SCIENCE, AND
RELATED AGENCIES APPROPRIATIONS ACT, 2008

Commerce,
Justice, Science,
and Related
Agencies
Appropriations
Act, 2008.
Department of
Commerce
Appropriations
Act, 2008.

TITLE I
DEPARTMENT OF COMMERCE
INTERNATIONAL TRADE ADMINISTRATION

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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

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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.

Applicability.

Exemption.

Negotiations.

BUREAU OF INDUSTRY AND SECURITY

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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.

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121 STAT. 1886

Applicability.

PUBLIC LAW 110–161—DEC. 26, 2007

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 development 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

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SALARIES AND EXPENSES

For expenses necessary for collecting, compiling, analyzing, preparing, and publishing statistics, provided for by law, $202,838,000.

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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.

13 USC 5 note.

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

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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

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121 STAT. 1888

35 USC 41 note.

PUBLIC LAW 110–161—DEC. 26, 2007

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 provided 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.

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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

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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.

Budget estimate.
15 USC 1513b
note.

NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION
OPERATIONS, RESEARCH, AND FACILITIES

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(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

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121 STAT. 1890

Grants.

Government
organization.

PUBLIC LAW 110–161—DEC. 26, 2007

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.

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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

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PUBLIC LAW 110–161—DEC. 26, 2007

121 STAT. 1891

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.

Deadline.
Reports.

Certification.

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.

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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.

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121 STAT. 1892

PUBLIC LAW 110–161—DEC. 26, 2007
GENERAL PROVISIONS—DEPARTMENT OF COMMERCE
(INCLUDING TRANSFER OF FUNDS)

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Notification.
Deadline.

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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’’.

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(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:

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‘‘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 Papahānaumokuākea 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
Papahānaumokuākea 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.

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Trademark.

Regulations.
33 USC note
prec. 851.
Compensation.
Hawaii.

Regulations.

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121 STAT. 1894

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Reports.
Deadlines.
33 USC 878a.

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PUBLIC LAW 110–161—DEC. 26, 2007

(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;

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121 STAT. 1895

(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.

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121 STAT. 1896

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16 USC 1861
note.

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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.

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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

Establishment.
Summit.
Reports.
Deadline.

Department
of Justice
Appropriations
Act, 2008.

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.

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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

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121 STAT. 1898

PUBLIC LAW 110–161—DEC. 26, 2007

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

Deadline.
Audit.
Reports.

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

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SALARIES AND EXPENSES

For necessary expenses of the United States Parole Commission
as authorized, $11,462,000.

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PUBLIC LAW 110–161—DEC. 26, 2007

121 STAT. 1899

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

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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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121 STAT. 1900

PUBLIC LAW 110–161—DEC. 26, 2007
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 appropriated, 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

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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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121 STAT. 1901

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

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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).

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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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121 STAT. 1903

DRUG ENFORCEMENT ADMINISTRATION
SALARIES AND EXPENSES

For necessary expenses of the Drug Enforcement Administration, 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 Administration, 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

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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

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PUBLIC LAW 110–161—DEC. 26, 2007

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.

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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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121 STAT. 1905

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 provided 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.

42 USC 250a.

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.

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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

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121 STAT. 1906

PUBLIC LAW 110–161—DEC. 26, 2007

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

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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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PUBLIC LAW 110–161—DEC. 26, 2007

121 STAT. 1907

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

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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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PUBLIC LAW 110–161—DEC. 26, 2007

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.

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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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PUBLIC LAW 110–161—DEC. 26, 2007

121 STAT. 1909

(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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121 STAT. 1910

PUBLIC LAW 110–161—DEC. 26, 2007
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.

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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.

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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

42 USC 3796c–2.

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

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Abortion.

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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

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PUBLIC LAW 110–161—DEC. 26, 2007

121 STAT. 1913

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.

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5 USC 3104 note.

Applicability.
28 USC 533 note.

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121 STAT. 1914
Certification.

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Effective date.
28 USC 1930
note.

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PUBLIC LAW 110–161—DEC. 26, 2007

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

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PUBLIC LAW 110–161—DEC. 26, 2007

121 STAT. 1915

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

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Reports.
Deadlines.

Certification.

Notification.

Reports.

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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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PUBLIC LAW 110–161—DEC. 26, 2007

121 STAT. 1917

TITLE III

Science
Appropriations
Act, 2008.

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.

Mars.

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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

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121 STAT. 1918

PUBLIC LAW 110–161—DEC. 26, 2007

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

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(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.

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Strategy.
42 USC 16762
note.

Deadlines.

42 USC 16611b.

Deadline.

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121 STAT. 1920

Reports.
Deadline.

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Reports.
Deadline.

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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;

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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.

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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

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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.

Notification.

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

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SALARIES AND EXPENSES

For necessary expenses of the Marine Mammal Commission
as authorized by title II of Public Law 92–522, $2,820,000.

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121 STAT. 1924

PUBLIC LAW 110–161—DEC. 26, 2007
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

Negotiations.

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)

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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.

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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

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Notifications.
Deadlines.

33 USC 891e–1.

Religious
harassment.

Deadline.
Reports.

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121 STAT. 1926

Tobacco and
tobacco products.

42 USC 10601
note.

Discrimination.

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President.
International
agreements.

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PUBLIC LAW 110–161—DEC. 26, 2007

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.

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PUBLIC LAW 110–161—DEC. 26, 2007

121 STAT. 1927

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

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Firearm traces.

Audits.
Reports.
Deadlines.

Public
information.
Website.

Certification.

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121 STAT. 1928

Effective date.

Torture.

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Exports.
Canada.

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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.

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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—

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publication.
President.

Reports.
Certifications.
Deadlines.

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121 STAT. 1930

Effective date.
16 USC 1853a
note.

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(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

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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:

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121 STAT. 1932
Certification.

Effective date.
42 USC 2459j
note.
5 USC app. 6
note.

Contracts.
Grants.
Certification.

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ED 1.0 Act.
47 USC 902 note.

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‘‘(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));

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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

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Reports.
Deadline.

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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

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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

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(RESCISSION)
Of the unobligated balances available under this heading,
$5,000,000 are rescinded.

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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

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(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.

Deadline.
Reports.

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

Deadline.
Reports.

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

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(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

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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

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(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
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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 reception 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.

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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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(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

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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.

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113 Stat. 381.

33 USC 426h.

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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

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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 GENERAL.—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 non-

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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.

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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
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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,
the first year funding requirements: Provided further, That if the

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121 STAT. 1949

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

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(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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121 STAT. 1950

PUBLIC LAW 110–161—DEC. 26, 2007

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

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(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.

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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,

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New Mexico.

Grants.
Contracts.

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121 STAT. 1952

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Establishment.

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PUBLIC LAW 110–161—DEC. 26, 2007

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

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PUBLIC LAW 110–161—DEC. 26, 2007

121 STAT. 1953

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

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Grants.
Nevada.
California.

Nevada.
Native
Americans.
Fish and fishing.

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121 STAT. 1954

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:

Deadline.

43 USC 390h–21.

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PUBLIC LAW 110–161—DEC. 26, 2007

‘‘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).

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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:

California.
43 USC 390h–22.

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‘‘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.—

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North Dakota.
Reports.

Deadline.

106 Stat. 4733.

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PUBLIC LAW 110–161—DEC. 26, 2007

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:
43 USC 390h–23.

‘‘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.’’.
43 USC 390h–23
note.

(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

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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.

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PUBLIC LAW 110–161—DEC. 26, 2007

121 STAT. 1957

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

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(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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121 STAT. 1958

42 USC 7269c.

PUBLIC LAW 110–161—DEC. 26, 2007

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.

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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.

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PUBLIC LAW 110–161—DEC. 26, 2007

121 STAT. 1959

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).

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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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121 STAT. 1960

PUBLIC LAW 110–161—DEC. 26, 2007

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

California.
Nevada.

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Certification.
Deadline.
Nevada.

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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

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PUBLIC LAW 110–161—DEC. 26, 2007

121 STAT. 1961

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.

Deadline.
Certification.
Nevada.

Lobbying.

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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.

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121 STAT. 1962

PUBLIC LAW 110–161—DEC. 26, 2007
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

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(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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PUBLIC LAW 110–161—DEC. 26, 2007

121 STAT. 1963

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.

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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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121 STAT. 1964

PUBLIC LAW 110–161—DEC. 26, 2007
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

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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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PUBLIC LAW 110–161—DEC. 26, 2007

121 STAT. 1965

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.

16 USC 825s–5.

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.

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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

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121 STAT. 1966

PUBLIC LAW 110–161—DEC. 26, 2007

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 hydroelectric 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

42 USC 7171
note.

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.

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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

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PUBLIC LAW 110–161—DEC. 26, 2007

121 STAT. 1967

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

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121 STAT. 1968

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50 USC 2791a.

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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

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PUBLIC LAW 110–161—DEC. 26, 2007

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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

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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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121 STAT. 1970

PUBLIC LAW 110–161—DEC. 26, 2007
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.

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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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PUBLIC LAW 110–161—DEC. 26, 2007

121 STAT. 1971

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

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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’’.

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121 STAT. 1972

PUBLIC LAW 110–161—DEC. 26, 2007
DIVISION D—FINANCIAL SERVICES AND GENERAL
GOVERNMENT APPROPRIATIONS ACT, 2008

Financial
Services and
General
Government
Appropriations
Act, 2008.
Department of
the Treasury
Appropriations
Act, 2008.

TITLE I
DEPARTMENT OF THE TREASURY
DEPARTMENTAL OFFICES
SALARIES AND EXPENSES

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(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

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PUBLIC LAW 110–161—DEC. 26, 2007

121 STAT. 1973

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

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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
exceed $1,500 shall be available for official reception and representation expenses.

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121 STAT. 1974

PUBLIC LAW 110–161—DEC. 26, 2007
AIR TRANSPORTATION STABILIZATION PROGRAM ACCOUNT

(INCLUDING RESCISSION)
49 USC 40101
note; 115 Stat.
234.

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

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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

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PUBLIC LAW 110–161—DEC. 26, 2007

121 STAT. 1975

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

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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
not less than $3,000,000 shall be for the Tax Counseling for the

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121 STAT. 1976

PUBLIC LAW 110–161—DEC. 26, 2007

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.

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BUSINESS SYSTEMS MODERNIZATION

Expenditure
plan.

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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

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PUBLIC LAW 110–161—DEC. 26, 2007

121 STAT. 1977

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

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(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

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121 STAT. 1978

PUBLIC LAW 110–161—DEC. 26, 2007

full-time equivalent positions and related support activities performing Automated Collection System functions.
ADMINISTRATIVE PROVISIONS—DEPARTMENT OF THE TREASURY

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(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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PUBLIC LAW 110–161—DEC. 26, 2007

121 STAT. 1979

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
Appropriations
Act, 2008.

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

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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.

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121 STAT. 1980

PUBLIC LAW 110–161—DEC. 26, 2007
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

Notice.
Deadlines.

Deadline.

Deadline.
Reports.

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Records.

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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

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PUBLIC LAW 110–161—DEC. 26, 2007

121 STAT. 1981

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

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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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121 STAT. 1982

Deadline.
Policy reviews.

Notification.
Reports.
Deadline.

PUBLIC LAW 110–161—DEC. 26, 2007

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

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SALARIES AND EXPENSES

Deadline.
Contracts.

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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

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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.

Spending plan.
Deadline.

FEDERAL DRUG CONTROL PROGRAMS
HIGH INTENSITY DRUG TRAFFICKING AREAS PROGRAM

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(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

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Deadline.

Funding
justification.

Budget request.

Recommendations.
Deadlines.

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121 STAT. 1984

PUBLIC LAW 110–161—DEC. 26, 2007

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

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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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PUBLIC LAW 110–161—DEC. 26, 2007

121 STAT. 1985

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

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(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.

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Notification.

Deadline.
Financial plan.

Reports.
Deadlines.

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121 STAT. 1986

PUBLIC LAW 110–161—DEC. 26, 2007

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

Judiciary
Appropriations
Act, 2008.

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

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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.

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PUBLIC LAW 110–161—DEC. 26, 2007

121 STAT. 1987

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).

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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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121 STAT. 1988

PUBLIC LAW 110–161—DEC. 26, 2007

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

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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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PUBLIC LAW 110–161—DEC. 26, 2007

121 STAT. 1989

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

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(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.

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Deadline.
Financial plan.

28 USC 461 note.

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121 STAT. 1990

PUBLIC LAW 110–161—DEC. 26, 2007

Applicability.

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’’.

District of
Columbia
Appropriations
Act, 2008.

TITLE IV
DISTRICT OF COLUMBIA
FEDERAL FUNDS
FEDERAL PAYMENT FOR RESIDENT TUITION SUPPORT

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Accounts.

Reports.

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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

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PUBLIC LAW 110–161—DEC. 26, 2007

121 STAT. 1991

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.

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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

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Contracts.

Reports.

Deadline.
Notification.

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121 STAT. 1992

PUBLIC LAW 110–161—DEC. 26, 2007

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

Contracts.
Reports.

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.

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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

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PUBLIC LAW 110–161—DEC. 26, 2007

121 STAT. 1993

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.

Records.
Public
information.

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.

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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.

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121 STAT. 1994

PUBLIC LAW 110–161—DEC. 26, 2007
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

Reports.
Deadlines.

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.

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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.

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PUBLIC LAW 110–161—DEC. 26, 2007

121 STAT. 1995

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.

Expenditure
plan.

Reports.
Deadlines.

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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,

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reference.

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121 STAT. 1996

PUBLIC LAW 110–161—DEC. 26, 2007

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.

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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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PUBLIC LAW 110–161—DEC. 26, 2007

121 STAT. 1997

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.

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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.

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42 USC 15381
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121 STAT. 1998

PUBLIC LAW 110–161—DEC. 26, 2007
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

118 Stat. 3997.

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

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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.

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PUBLIC LAW 110–161—DEC. 26, 2007

121 STAT. 1999

FEDERAL ELECTION COMMISSION
SALARIES AND EXPENSES

For necessary expenses to carry out the provisions of the Federal 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

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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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121 STAT. 2000

PUBLIC LAW 110–161—DEC. 26, 2007

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

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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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PUBLIC LAW 110–161—DEC. 26, 2007

121 STAT. 2001

(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:

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121 STAT. 2002

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Expiration date.

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PUBLIC LAW 110–161—DEC. 26, 2007

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,

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PUBLIC LAW 110–161—DEC. 26, 2007

121 STAT. 2003

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

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(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

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Spending plan.
Project
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121 STAT. 2004

PUBLIC LAW 110–161—DEC. 26, 2007

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)

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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

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PUBLIC LAW 110–161—DEC. 26, 2007

121 STAT. 2005

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.

Contracts.
Statement.

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

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(INCLUDING TRANSFER OF FUNDS)
For payment to the Morris K. Udall Scholarship and Excellence
in National Environmental Policy Trust Fund, pursuant t