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pdfPUBLIC 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.
Sec.
Sec.
Sec.
Sec.
Sec.
1.
2.
3.
4.
5.
6.
Short title.
Table of contents.
References.
Explanatory statement.
Emergency designations.
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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Title
Title
Title
Title
Title
DIVISION C—ENERGY AND WATER DEVELOPMENT AND RELATED
AGENCIES APPROPRIATIONS ACT, 2008
I—Department of Defense—Civil: Department of the Army
II—Department of the Interior
III—Department of Energy
IV—Independent Agencies
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
Title
Title
Title
Title
Title
121 STAT. 1845
IV—District of Columbia
V—Independent Agencies
VI—General Provisions—This Act
VII—General Provisions—Government-wide
VIII—General Provisions—District of Columbia
DIVISION E—DEPARTMENT OF HOMELAND SECURITY APPROPRIATIONS
ACT, 2008
Title
Title
Title
Title
Title
Title
I—Department of Homeland Security
II—Security, Enforcement, and Investigations
III—Protection, Preparedness, Response, and Recovery
IV—Research and Development, Training, and Services
V—General Provisions
VI—Border Infrastructure and Technology Modernization
DIVISION F—DEPARTMENT OF THE INTERIOR, ENVIRONMENT, AND
RELATED AGENCIES APPROPRIATIONS ACT, 2008
Title
Title
Title
Title
Title
I—Department of the Interior
II—Environmental Protection Agency
III—Related Agencies
IV—General Provisions
V—Wildfire Suppression Emergency Appropriations
DIVISION G—DEPARTMENTS OF LABOR, HEALTH AND HUMAN SERVICES,
AND EDUCATION, AND RELATED AGENCIES APPROPRIATIONS ACT, 2008
Title
Title
Title
Title
Title
Title
I—Department of Labor
II—Department of Health and Human Services
III—Department of Education
IV—Related Agencies
V—General Provisions
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
Title
Title
Title
I—Department of Defense
II—Department of Veterans Affairs
III—Related Agencies
IV—General Provisions
DIVISION J—DEPARTMENT OF STATE, FOREIGN OPERATIONS, AND
RELATED PROGRAMS APPROPRIATIONS ACT, 2008
Title
Title
Title
Title
Title
Title
I—Department of State and Related Agencies
II—Export and Investment Assistance
III—Bilateral Economic Assistance
IV—Military Assistance
V—Multilateral Economic Assistance
VI—General Provisions
DIVISION K—TRANSPORTATION, HOUSING AND URBAN DEVELOPMENT,
AND RELATED AGENCIES APPROPRIATIONS ACT, 2008
Title
Title
Title
Title
I—Department of Transportation
II—Department of Housing and Urban Development
III—Related Agencies
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
OFFICE
OF THE
AND
MARKETING
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.
OFFICE
OF THE
ASSISTANT SECRETARY
FOR
Reports.
CIVIL RIGHTS
For necessary expenses of the Office of the Assistant Secretary
for Civil Rights, $854,000.
OFFICE
For necessary
$20,496,000.
OFFICE
OF THE
OF
expenses
CIVIL RIGHTS
of
the
Office
ASSISTANT SECRETARY
FOR
of
Civil
Rights,
ADMINISTRATION
For necessary expenses of the Office of the Assistant Secretary
for Administration, $673,000.
AGRICULTURE BUILDINGS
AND
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(INCLUDING
FACILITIES
AND
RENTAL PAYMENTS
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
RELATIONS
(INCLUDING
FOR
CONGRESSIONAL
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
OFFICE
OF THE INSPECTOR
121 STAT. 1849
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
ECONOMICS
AND
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,
SERVICE
AND
EXTENSION
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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
REGULATORY PROGRAMS
AND
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
GRAIN INSPECTION, PACKERS
AND
121 STAT. 1855
STOCKYARDS ADMINISTRATION
SALARIES AND EXPENSES
For necessary expenses to carry out the provisions of the United
States Grain Standards Act, for the administration of the Packers
and Stockyards Act, for certifying procedures used to protect purchasers of farm products, and the standardization activities related
to grain under the Agricultural Marketing Act of 1946, $38,785,000:
Provided, That this appropriation shall be available pursuant to
law (7 U.S.C. 2250) for the alteration and repair of buildings and
improvements, but the cost of altering any one building during
the fiscal year shall not exceed 10 percent of the current replacement value of the building.
LIMITATION ON INSPECTION AND WEIGHING SERVICES EXPENSES
Not to exceed $42,463,000 (from fees collected) shall be obligated during the current fiscal year for inspection and weighing
services: Provided, That if grain export activities require additional
supervision and oversight, or other uncontrollable factors occur,
this limitation may be exceeded by up to 10 percent with notification
to the Committees on Appropriations of both Houses of Congress.
OFFICE
OF THE
UNDER SECRETARY
FOR
Notification.
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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Employment
positions.
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121 STAT. 1856
PUBLIC LAW 110–161—DEC. 26, 2007
OFFICE
OF THE
UNDER SECRETARY FOR FARM
AGRICULTURAL SERVICES
AND
FOREIGN
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
ENVIRONMENT
AND
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
(INCLUDING
AND
EXPENSES
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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PUBLIC LAW 110–161—DEC. 26, 2007
121 STAT. 1863
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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121 STAT. 1864
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
CONSUMER SERVICES
AND
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
FOOD
AND
121 STAT. 1869
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.
PUBLIC LAW
480
Notification.
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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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
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note.
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RESCISSIONS AND TRANSFERS OF FUNDS)
SEC. 701. Within the unit limit of cost fixed by law, appropriations and authorizations made for the Department of Agriculture
for the current fiscal year under this Act shall be available for
the purchase, in addition to those specifically provided for, of not
to exceed 182 passenger motor vehicles, of which 142 shall be
for replacement only, and for the hire of such vehicles.
SEC. 702. New obligational authority provided for the following
appropriation items in this Act shall remain available until
expended: Animal and Plant Health Inspection Service, the contingency fund to meet emergency conditions, information technology
infrastructure, fruit fly program, emerging plant pests, cotton pests
program, avian influenza programs, grasshopper program, up to
$9,750,000 in animal health monitoring and surveillance for the
animal identification system, up to $1,500,000 in the scrapie program for indemnities, up to $3,000,000 in the emergency management systems program for the vaccine bank, up to $1,000,000
for wildlife services methods development, up to $1,000,000 of the
wildlife services operations program for aviation safety, and up
to 25 percent of the screwworm program; Food Safety and Inspection
Service, Public Health Data Communication Infrastructure System;
Cooperative State Research, Education, and Extension Service,
funds for competitive research grants (7 U.S.C. 450i(b)), funds for
the Research, Education, and Economics Information System, and
funds for the Native American Institutions Endowment Fund; Farm
Service Agency, salaries and expenses funds made available to
county committees; Foreign Agricultural Service, middle-income
country training program, and up to $2,000,000 of the Foreign
Agricultural Service appropriation solely for the purpose of offsetting fluctuations in international currency exchange rates, subject
to documentation by the Foreign Agricultural Service.
SEC. 703. The Secretary of Agriculture may transfer unobligated
balances of discretionary funds appropriated by this Act or other
available unobligated discretionary balances of the Department of
Agriculture to the Working Capital Fund for the acquisition of
plant and capital equipment necessary for the financial management modernization initiative and the delivery of financial, administrative, and information technology services of primary benefit to
the agencies of the Department of Agriculture: Provided, That none
of the funds made available by this Act or any other Act shall
be transferred to the Working Capital Fund without the prior
approval of the agency administrator: Provided further, That none
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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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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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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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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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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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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.
BUREAU
OF INDUSTRY AND
Applicability.
Exemption.
Negotiations.
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.
NATIONAL OCEANIC
AND
Budget estimate.
15 USC 1513b
note.
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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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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PUBLIC LAW 110–161—DEC. 26, 2007
GENERAL PROVISIONS—DEPARTMENT
(INCLUDING
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Deadline.
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OF
COMMERCE
TRANSFER OF FUNDS)
SEC. 101. During the current fiscal year, applicable appropriations and funds made available to the Department of Commerce
by this Act shall be available for the activities specified in the
Act of October 26, 1949 (15 U.S.C. 1514), to the extent and in
the manner prescribed by the Act, and, notwithstanding 31 U.S.C.
3324, may be used for advanced payments not otherwise authorized
only upon the certification of officials designated by the Secretary
of Commerce that such payments are in the public interest.
SEC. 102. During the current fiscal year, appropriations made
available to the Department of Commerce by this Act for salaries
and expenses shall be available for hire of passenger motor vehicles
as authorized by 31 U.S.C. 1343 and 1344; services as authorized
by 5 U.S.C. 3109; and uniforms or allowances therefor, as authorized
by law (5 U.S.C. 5901–5902).
SEC. 103. Not to exceed 5 percent of any appropriation made
available for the current fiscal year for the Department of Commerce
in this Act may be transferred between such appropriations, but
no such appropriation shall be increased by more than 10 percent
by any such transfers: Provided, That any transfer pursuant to
this section shall be treated as a reprogramming of funds under
section 505 of this Act and shall not be available for obligation
or expenditure except in compliance with the procedures set forth
in that section: Provided further, That the Secretary of Commerce
shall notify the Committees on Appropriations at least 15 days
in advance of the acquisition or disposal of any capital asset
(including land, structures, and equipment) not specifically provided
for in this Act or any other law appropriating funds for the Department of Commerce: Provided further, That for the National Oceanic
and Atmospheric Administration this section shall provide for transfers among appropriations made only to the National Oceanic and
Atmospheric Administration and such appropriations may not be
transferred and reprogrammed to other Department of Commerce
bureaus and appropriation accounts.
SEC. 104. Any costs incurred by a department or agency funded
under this title resulting from personnel actions taken in response
to funding reductions included in this title or from actions taken
for the care and protection of loan collateral or grant property
shall be absorbed within the total budgetary resources available
to such department or agency: Provided, That the authority to
transfer funds between appropriations accounts as may be necessary
to carry out this section is provided in addition to authorities
included elsewhere in this Act: Provided further, That use of funds
to carry out this section shall be treated as a reprogramming
of funds under section 505 of this Act and shall not be available
for obligation or expenditure except in compliance with the procedures set forth in that section.
SEC. 105. (a) Section 101(k) of the Emergency Steel Loan Guarantee Act of 1999 (15 U.S.C. 1841 note) is amended by striking
‘‘2007’’ and inserting ‘‘2009’’.
(b) Paragraphs (1) and (2) of section 101(b) of the Emergency
Steel Loan Guarantee Act of 1999 (15 U.S.C. 1841 note) are each
amended by striking ‘‘in 1998’’ and inserting ‘‘since 1998’’.
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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 Papaha¯naumokua¯kea Marine National
Monument.
(b) The Secretary shall promulgate regulations for the voluntary
capacity reduction program that:
(1) identifies eligible participants as those individuals
holding commercial Federal fishing permits for either lobster
or bottomfish in the designated waters within the
Papaha¯naumokua¯kea Marine National Monument;
(2) provides a mechanism to compensate eligible participants for no more than the economic value of their permits;
(3) at the option of each eligible permit holder, provides
an optional mechanism for additional compensation based on
the value of the fishing vessel and gear of such participants
who so elect to receive these additional funds, provided that
the commercial fishing vessels of such participants will not
be used for fishing.
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Trademark.
Regulations.
33 USC note
prec. 851.
Compensation.
Hawaii.
Regulations.
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Reports.
Deadlines.
33 USC 878a.
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(c) There is authorized to be appropriated to the National
Oceanic and Atmospheric Administration’s National Marine Fisheries Service, $6,697,500 for fiscal year 2008.
(d) Nothing in this section is intended to enlarge or diminish
Federal or State title, jurisdiction, or authority with respect to
the waters of the Northwestern Hawaiian Islands or the tidal
or submerged lands under any provision of State or Federal law.
SEC. 112. (a) For purposes of this section—
(1) the term ‘‘Under Secretary’’ means Under Secretary
of Commerce for Oceans and Atmosphere;
(2) the term ‘‘appropriate congressional committees’’
means—
(A) the Committee on Appropriations and the Committee on Commerce, Science, and Transportation of the
Senate; and
(B) the Committee on Appropriations and the Committee on Science and Technology of the House of Representatives;
(3) the term ‘‘satellite’’ means the satellites proposed to
be acquired for the National Oceanic and Atmospheric Administration, other than the National Polar-orbiting Operational
Environmental Satellite System (NPOESS);
(4) the term ‘‘development’’ means the phase of a program
following the formulation phase and beginning with the
approval to proceed to implementation, as defined in NOAA
Administrative Order 216–108, Department of Commerce
Administrative Order 208–3, and NASA’s Procedural Requirements 7120.5c, dated March 22, 2005;
(5) the term ‘‘development cost’’ means the total of all
costs, including construction of facilities and civil servant costs,
from the period beginning with the approval to proceed to
implementation through the achievement of operational readiness, without regard to funding source or management control,
for the life of the program;
(6) the term ‘‘life-cycle cost’’ means the total of the direct,
indirect, recurring, and nonrecurring costs, including the
construction of facilities and civil servant costs, and other
related expenses incurred or estimated to be incurred in the
design, development, verification, production, operation,
maintenance, support, and retirement of a program over its
planned lifespan, without regard to funding source or management control;
(7) the term ‘‘major program’’ means an activity approved
to proceed to implementation that has an estimated life-cycle
cost of more than $250,000,000;
(8) the term ‘‘baseline’’ means the program as set following
contract award and critical design review of the space and
ground systems.
(b)(1) NOAA shall not enter into a contract for development
of a major program, unless the Under Secretary determines that—
(A) the technical, cost, and schedule risks of the program
are clearly identified and the program has developed a plan
to manage those risks;
(B) the technologies required for the program have been
demonstrated in a relevant laboratory or test environment;
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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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(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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121 STAT. 1897
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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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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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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PUBLIC LAW 110–161—DEC. 26, 2007
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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PUBLIC LAW 110–161—DEC. 26, 2007
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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18 USC 923 note.
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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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PUBLIC LAW 110–161—DEC. 26, 2007
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
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Abortion.
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OF
JUSTICE
SEC. 201. In addition to amounts otherwise made available
in this title for official reception and representation expenses, a
total of not to exceed $50,000 from funds appropriated to the Department of Justice in this title shall be available to the Attorney
General for official reception and representation expenses.
SEC. 202. None of the funds appropriated by this title shall
be available to pay for an abortion, except where the life of the
mother would be endangered if the fetus were carried to term,
or in the case of rape: Provided, That should this prohibition be
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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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42 USC 16762
note.
Deadlines.
42 USC 16611b.
Deadline.
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Reports.
Deadline.
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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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(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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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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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
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TRANSFER OF FUNDS)
SEC. 501. No part of any appropriation contained in this Act
shall be used for publicity or propaganda purposes not authorized
by the Congress.
SEC. 502. No part of any appropriation contained in this Act
shall remain available for obligation beyond the current fiscal year
unless expressly so provided herein.
SEC. 503. The expenditure of any appropriation under this
Act for any consulting service through procurement contract, pursuant to 5 U.S.C. 3109, shall be limited to those contracts where
such expenditures are a matter of public record and available
for public inspection, except where otherwise provided under
existing law, or under existing Executive order issued pursuant
to existing law.
SEC. 504. If any provision of this Act or the application of
such provision to any person or circumstances shall be held invalid,
the remainder of the Act and the application of each provision
to persons or circumstances other than those as to which it is
held invalid shall not be affected thereby.
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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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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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Effective date.
Torture.
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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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Federal Register,
publication.
President.
Reports.
Certifications.
Deadlines.
Effective date.
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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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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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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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(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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Deadline.
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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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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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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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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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PUBLIC LAW 110–161—DEC. 26, 2007
MISSISSIPPI RIVER AND TRIBUTARIES
For expenses necessary for the flood damage reduction program
for the Mississippi River alluvial valley below Cape Girardeau,
Missouri, as authorized by law, $387,402,000, to remain available
until expended, of which such sums as are necessary to cover
the Federal share of operation and maintenance costs for inland
harbors shall be derived from the Harbor Maintenance Trust Fund:
Provided, That the Chief of Engineers is directed to use $9,840,000
of the funds provided herein for design and real estate activities
and pump supply elements for the Yazoo Basin, Yazoo Backwater
Pumping Plant, Mississippi: Provided further, That the Secretary
of the Army, acting through the Chief of Engineers is directed
to use $9,840,000 appropriated herein for construction of water
withdrawal features of the Grand Prairie, Arkansas, project.
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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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PUBLIC LAW 110–161—DEC. 26, 2007
121 STAT. 1943
(3) An identification of items of special congressional
interest: Provided further, That the amount appropriated for
salaries and expenses of the Corps of Engineers shall be reduced
by $100,000 per day for each day after the required date that
the report has not been submitted to the Congress.
SEC. 102. None of the funds made available in this title may
be used to award any continuing contract or make modifications
to any existing continuing contract that commits an amount for
a project in excess of the amounts appropriated for that project
that remain unobligated, except that such amounts may include
any funds that have been made available through reprogramming
to that project pursuant to section 101 of this Act.
SEC. 103. None of the funds in this Act, or previous Acts,
making funds available for Energy and Water Development, shall
be used to implement any pending or future competitive sourcing
actions under OMB Circular A–76 or High Performing Organizations for the U.S. Army Corps of Engineers.
SEC. 104. None of the funds appropriated in this or any other
Act shall be used to demonstrate or implement any plans divesting
or transferring any Civil Works missions, functions, or responsibilities of the United States Army Corps of Engineers to other government agencies without specific direction in a subsequent Act of
Congress.
SEC. 105. Within 90 days of the date of the Chief of Engineers
Report on a water resource matter, the Assistant Secretary of
the Army (Civil Works) shall submit the report to the appropriate
authorizing and appropriating committees of the Congress.
SEC. 106. WATER REALLOCATION, LAKE CUMBERLAND, KENTUCKY. (a) IN GENERAL.—Subject to subsection (b), none of the
funds made available by this Act may be used to carry out any
water reallocation project or component under the Wolf Creek
Project, Lake Cumberland, Kentucky, authorized under the Act
of June 28, 1938 (52 Stat. 1215, ch. 795) and the Act of July
24, 1946 (60 Stat. 636, ch. 595).
(b) EXISTING REALLOCATIONS.—Subsection (a) shall not apply
to any water reallocation for Lake Cumberland, Kentucky, that
is carried out subject to an agreement or payment schedule in
effect on the date of enactment of this Act.
SEC. 107. Using amounts available in the Revolving Fund,
the Secretary of the Army is authorized to construct a new Environmental Laboratory and improvements to the Information Technology Laboratory at the Engineer Research and Development
Center in Vicksburg, Mississippi: Provided, That the Secretary shall
ensure that the Revolving Fund is appropriately reimbursed from
appropriations of the Corps’ benefiting programs by collection each
year of amounts sufficient to repay the capitalized cost of such
construction and improvements.
SEC. 108. Notwithstanding section 729 of the Water Resources
Development Act of 1986, as amended (33 U.S.C. 2267a), the Secretary shall credit toward the non-Federal share of the cost of
the Rio Grande Basin Watershed Study, New Mexico, Colorado
and Texas, the cost of in-kind services contributed by the New
Mexico Interstate Stream Commission for the Study up to the
full amount of the required non-Federal share, in accordance with
the Agreement between the Commission and the Department of
the Army dated December 3, 2001, as modified on January 14,
2002.
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PUBLIC LAW 110–161—DEC. 26, 2007
SEC. 109. Section 121 of the Energy and Water Development
Appropriations Act, 2006 (Public Law 109–103; 119 Stat. 2256)
is amended by striking subsection (a) and inserting the following:
‘‘(a) The Secretary of the Army may carry out and fund planning
studies, watershed surveys and assessments, or technical studies
at 100 percent Federal expense to accomplish the purposes of the
2003 Biological Opinion described in section 205(b) of the Energy
and Water Development Appropriations Act, 2005 (Public Law 108–
447; 118 Stat. 2949) as amended by subsection (b) and the collaborative program long-term plan. In carrying out a study, survey,
or assessment under this subsection, the Secretary of the Army
shall consult with Federal, State, tribal and local governmental
entities, as well as entities participating in the Middle Rio Grande
Endangered Species Collaborative Program referred to in section
205 of this Act: Provided, That the Secretary of the Army may
also provide planning and administrative assistance to the Middle
Rio Grande Endangered Species Collaborative Program, which shall
not be subject to cost sharing requirements with non-Federal
interests.’’.
SEC. 110. The Secretary of the Army, acting through the Chief
of Engineers, is directed to convey at no cost, lands to Tate County
School District, Tate County, Mississippi, the transfer of any real
property interests, not to exceed 50 acres, at Arkabutla Lake
deemed available by the Army that is located adjacent to school
district property in the vicinity of State Highway 306 west of
Coldwater, Mississippi. Such transfer shall be subject to the reservation of any required flowage easements for the operation of
Arkabutla Lake and which preclude structures for human habitation. This property shall be used by the Tate County School
District for public educational purposes.
SEC. 111. Section 594 of the Water Resources Development
Act of 1999 is amended by striking ‘‘SEC. 594. OHIO.’’ and inserting
in lieu thereof ‘‘SEC. 594. OHIO AND NORTH DAKOTA.’’ and in (a)
strike ‘‘Ohio.’’ and insert in lieu thereof ‘‘Ohio and North Dakota.’’
and in (b) strike ‘‘Ohio,’’ and insert in lieu thereof ‘‘Ohio and
North Dakota,’’ and in (h) strike ‘‘$240,000,000.’’ and insert in
lieu thereof ‘‘$240,000,000 for Ohio and $100,000,000 for North
Dakota.’’.
SEC. 112. The Secretary of the Army, acting through the Chief
of Engineers, is directed and authorized to conduct preconstruction
engineering and design activities at full Federal expense for the
Kahuku Storm Damage Reduction Project, Oahu, Hawaii, which
includes interior drainage and related improvements to be constructed on lands that may include Federal land, the cost of the
preconstruction, engineering, and design activities shall be included
in total project costs to be cost shared at the rate of 65 percent
Federal and 35 percent non-Federal, as a part of construction and
the Decision Document contents shall be limited to a design analysis
and supporting NEPA documentation for drainage improvements.
SEC. 113. Section 227 of Public Law 104–303 is amended in
section 5(a) by striking ‘‘7’’ and inserting ‘‘12’’ in lieu thereof.
SEC. 114. All budget documents and justification materials
for the Corps of Engineers annual budget submission to Congress
shall be assembled and presented based on the most recent annual
appropriations Act: Provided, That new budget proposals for fiscal
year 2008 and thereafter, shall not be integrated into the budget
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PUBLIC LAW 110–161—DEC. 26, 2007
121 STAT. 1945
justifications submitted to Congress but shall be submitted separately from the budget justifications documents.
SEC. 115. The Secretary of the Army acting through the Chief
of Engineers is directed to plan, design, and construct a rural
health care facility on the Fort Berthold Indian Reservation of
the Three Affiliated Tribes, North Dakota, at an estimated Federal
cost of $20,000,000. The Secretary shall transfer this facility to
the Secretary of the Interior for operation and maintenance upon
the completion of construction.
SEC. 116. The last sentence of section 215(a) of the Flood
Control Act of 1968 (42 U.S.C. 1962d–5a(a)) is amended by striking
‘‘$5,000,000’’ and inserting ‘‘$7,000,000’’.
SEC. 117. JOHNSON CREEK, ARLINGTON, TEXAS. (a) IN 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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121 STAT. 1947
SEC. 126. Section 156 of Public Law 108–137 is amended by
inserting ‘‘or reimburse’’ after ‘‘non-Federal share of the cost of
the project’’ in paragraphs (2) and (3).
SEC. 127. Notwithstanding any other provision of law, the
requirements regarding the use of continuing contracts under the
authority of section 206 of the Water Resources Development Act
of 1999 (33 U.S.C. 2331) shall apply only to projects funded under
the Operation and Maintenance account and the Operation and
Maintenance subaccount of the Mississippi River and Tributaries
account.
SEC. 128. Section 3020 of the Water Resources Development
Act of 2007, Public Law 110–114, is amended by inserting ‘‘or
after’’ following the word ‘‘before’’.
SEC. 129. Notwithstanding provisions of 42 U.S.C. 2011 et
seq. and 42 U.S.C. 7901 et seq. the U.S. Army Corps of Engineers
shall have the authority to arrange disposal of waste materials
from the Maywood, New Jersey, Formerly Utilized Sites Remedial
Action Program (FUSRAP) site at off-site facilities permitted to
accept such waste materials under subtitle C of the Resource Conservation and Recovery Act (42 U.S.C. 6921 et seq.). FUSRAP
waste materials from the Maywood site may be, but shall not
be required to be, disposed at sites licensed under the Atomic
Energy Act (42 U.S.C. 2011 et seq.).
SEC. 130. AMERICAN AND SACRAMENTO RIVERS, CALIFORNIA.
Section 101(a)(1)(B) of the Water Resources Development Act of
1996 (Public Law 104–303: 110 Stat. 3662) is modified to read
as follows:
‘‘(B) CREDIT TOWARD NON-FEDERAL SHARE.—The nonFederal interest shall receive credit toward the non-Federal
share of project costs for expenses that the non-Federal
interest incurs for design or construction of any authorized
project feature, including credit for work commenced before
the date of execution of a cooperation agreement for the
affected feature. The amount of the credit shall be determined by the Secretary.’’.
SEC. 131. WHITE RIVER NAVIGATION TO BATESVILLE, ARKANSAS.
The project for navigation, White River Navigation to Batesville,
Arkansas, as authorized in Public Law 99–662 is amended to extend
the project from mile 255, near Newport, Arkansas, to approximately mile 296, near Batesville, Arkansas; to include a harbor
at Batesville, Arkansas; and environmental restoration within the
White River Basin including federally owned lands.
SEC. 132. LANDFILLS USED FOR CERTAIN WASTE. (a) IN GENERAL.—The funding prohibition set forth in section 103 of the
Energy and Water Development Appropriations Act, 2006 shall
not apply to the construction or expansion of any landfill in the
Muskingum River watershed if—
(1) the landfill is used solely for the disposal of—
(A) wastes generated from the combustion or gasification of coal,
(B) wastes consisting of byproducts from pollution control technology installed to comply with the Clean Air
Act, or
(C) both of such types of wastes.
(2) the landfill is owned by the waste generator or any
affiliated person, and
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117 Stat. 1845.
Applicability.
Ante, p. 1110.
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Deadline.
Deadline.
120 Stat. 454.
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Deadlines.
Notification.
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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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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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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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121 STAT. 1955
‘‘(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
ELECTRICITY DELIVERY
AND
121 STAT. 1957
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
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(INCLUDING
AND
DEVELOPMENT
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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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
FUND
AND
DECOMMISSIONING
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.
VerDate Aug 31 2005
22:45 Feb 05, 2008
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.
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TITLE
17
16:44 Feb 06, 2008
Lobbying.
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.
VerDate Aug 31 2005
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Certification.
Nevada.
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Deadline.
Notification.
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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
OPERATION
AND
121 STAT. 1965
MAINTENANCE, SOUTHEASTERN POWER
ADMINISTRATION
For necessary expenses of operation and maintenance of power
transmission facilities and of marketing electric power and energy,
including transmission wheeling and ancillary services pursuant
to section 5 of the Flood Control Act of 1944 (16 U.S.C. 825s),
as applied to the southeastern power area, $6,463,000, to remain
available until expended: Provided, That, notwithstanding the provisions of 31 U.S.C. 3302, beginning in fiscal year 2008 and thereafter,
such funds as are received by the Southeastern Power Administration from any State, municipality, corporation, association, firm,
district, or individual as advance payment for work that is associated with Southeastern’s Operations and Maintenance, consistent
with that authorized in section 5 of the Flood Control Act of 1944,
shall be credited to this account and be available until expended:
Provided further, That, notwithstanding 31 U.S.C. 3302, up to
$48,413,000 collected by the Southeastern Power Administration
pursuant to the Flood Control Act of 1944 to recover purchase
power and wheeling expenses shall be credited to this account
as offsetting collections, to remain available until expended for
the sole purpose of making purchase power and wheeling expenditures.
OPERATION
AND
16 USC 825s–5.
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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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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50 USC 2791a.
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PUBLIC LAW 110–161—DEC. 26, 2007
‘‘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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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
49 USC 40101
note; 115 Stat.
234.
RESCISSION)
Sections 101(a)(1), 102, 104, and 107(2) of the Air Transportation Safety and System Stabilization Act (title I, Public Law
107–42) are hereby repealed. All unobligated balances under this
heading are rescinded.
FINANCIAL CRIMES ENFORCEMENT NETWORK
SALARIES AND EXPENSES
For necessary expenses of the Financial Crimes Enforcement
Network, including hire of passenger motor vehicles; travel and
training expenses of non-Federal and foreign government personnel
to attend meetings and training concerned with domestic and foreign financial intelligence activities, law enforcement, and financial
regulation; not to exceed $14,000 for official reception and representation expenses; and for assistance to Federal law enforcement
agencies, with or without reimbursement, $85,844,000, of which
not to exceed $16,340,000 shall remain available until September
30, 2010; and of which $8,955,000 shall remain available until
September 30, 2009: Provided, That funds appropriated in this
account may be used to procure personal services contracts.
FINANCIAL MANAGEMENT SERVICE
SALARIES AND EXPENSES
For necessary expenses of the Financial Management Service,
$234,423,000, of which not to exceed $9,220,000 shall remain available until September 30, 2010, for information systems modernization initiatives; and of which not to exceed $2,500 shall be available
for official reception and representation expenses.
ALCOHOL
AND
TOBACCO TAX
AND
TRADE BUREAU
SALARIES AND EXPENSES
For necessary expenses of carrying out section 1111 of the
Homeland Security Act of 2002, including hire of passenger motor
vehicles, $93,515,000; of which not to exceed $6,000 for official
reception and representation expenses; not to exceed $50,000 for
cooperative research and development programs for laboratory services; and provision of laboratory assistance to State and local agencies with or without reimbursement.
UNITED STATES MINT
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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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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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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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Confidentiality.
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PUBLIC LAW 110–161—DEC. 26, 2007
full-time equivalent positions and related support activities performing Automated Collection System functions.
ADMINISTRATIVE PROVISIONS—DEPARTMENT
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(INCLUDING
OF THE
TREASURY
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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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
RESTORATION
AND
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
COURTS
OF
APPEALS, DISTRICT COURTS,
SERVICES
AND
121 STAT. 1987
OTHER JUDICIAL
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
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’’.
Applicability.
TITLE IV
District of
Columbia
Appropriations
Act, 2008.
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.
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DISTRICT
OF
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Reports.
Deadlines.
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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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
note.
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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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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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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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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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Transfer date.
Spending plan.
Project
explanation.
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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
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TRANSFERS OF FUNDS)
SEC. 520. The appropriate appropriation or fund available to
the General Services Administration shall be credited with the
cost of operation, protection, maintenance, upkeep, repair, and
improvement, included as part of rentals received from Government
corporations pursuant to law (40 U.S.C. 129).
SEC. 521. Funds available to the General Services Administration shall be available for the hire of passenger motor vehicles.
SEC. 522. Funds in the Federal Buildings Fund made available
for fiscal year 2008 for Federal Buildings Fund activities may
be transferred between such activities only to the extent necessary
to meet program requirements: Provided, That any proposed transfers shall be approved in advance by the Committees on Appropriations.
SEC. 523. Except as otherwise provided in this title, no funds
made available by this Act shall be used to transmit a fiscal year
2009 request for United States Courthouse construction that: (1)
does not meet the design guide standards for construction as established and approved by the General Services Administration, the
Judicial Conference of the United States, and the Office of Management and Budget; and (2) does not reflect the priorities of the
Judicial Conference of the United States as set out in its approved
5-year construction plan: Provided, That the fiscal year 2009 request
must be accompanied by a standardized courtroom utilization study
of each facility to be constructed, replaced, or expanded.
SEC. 524. None of the funds provided in this Act may be
used to increase the amount of occupiable square feet, provide
cleaning services, security enhancements, or any other service usually provided through the Federal Buildings Fund, to any agency
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that does not pay the rate per square foot assessment for space
and services as determined by the General Services Administration
in compliance with the Public Buildings Amendments Act of 1972
(Public Law 92–313).
SEC. 525. From funds made available under the heading ‘‘Federal Buildings Fund, Limitations on Availability of Revenue’’, claims
against the Government of less than $250,000 arising from direct
construction projects and acquisition of buildings may be liquidated
from savings effected in other construction projects with prior
notification to the Committees on Appropriations.
SEC. 526. No funds shall be used by the General Services
Administration to reorganize its organizational structure without
approval by the House and Senate Committees on Appropriations
through an operating plan change.
SEC. 527. In any case in which the Committee on Transportation and Infrastructure of the House of Representatives and the
Committee on Environment and Public Works of the Senate adopt
a resolution granting lease authority pursuant to a prospectus
transmitted to Congress by the Administrator of General Services
under section 3307 of title 40, United States Code, the Administrator shall ensure that the delineated area of procurement is
identical to the delineated area included in the prospectus for
all lease agreements, except that, if the Administrator determines
that the delineated area of the procurement should not be identical
to the delineated area included in the prospectus, the Administrator
shall provide an explanatory statement to each of such committees
and the House and Senate Committees on Appropriations prior
to exercising any lease authority provided in the resolution.
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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For payment to the Morris K. Udall Scholarship and Excellence
in National Environmental Policy Trust Fund, pursuant to the
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PUBLIC LAW 110–161—DEC. 26, 2007
Morris K. Udall Scholarship and Excellence in National Environmental and Native American Public Policy Act of 1992 (20 U.S.C.
5601 et seq.), $3,750,000, to remain available until expended, of
which up to $50,000 shall be used to conduct financial audits
pursuant to the Accountability of Tax Dollars Act of 2002 (Public
Law 107–289) notwithstanding sections 8 and 9 of Public Law
102–259: Provided, That up to 60 percent of such funds may be
transferred by the Morris K. Udall Scholarship and Excellence
in National Environmental Policy Foundation for the necessary
expenses of the Native Nations Institute.
ENVIRONMENTAL DISPUTE RESOLUTION FUND
For payment to the Environmental Dispute Resolution Fund
to carry out activities authorized in the Environmental Policy and
Conflict Resolution Act of 1998, $2,000,000, to remain available
until expended.
NATIONAL ARCHIVES
AND
RECORDS ADMINISTRATION
OPERATING EXPENSES
For necessary expenses in connection with the administration
of the National Archives and Records Administration (including
the Information Security Oversight Office) and archived Federal
records and related activities, as provided by law, and for expenses
necessary for the review and declassification of documents and
the activities of the Public Interest Declassification Board, and
for the hire of passenger motor vehicles, and for uniforms or allowances therefor, as authorized by law (5 U.S.C. 5901 et seq.),
including maintenance, repairs, and cleaning, $315,000,000.
ELECTRONIC RECORDS ARCHIVES
Expenditure
plan.
For necessary expenses in connection with the development
of the electronic records archives, to include all direct project costs
associated with research, analysis, design, development, and program management, $58,028,000 of which $38,315,000 shall remain
available until September 30, 2009: Provided, That none of the
multi-year funds may be obligated until the National Archives
and Records Administration submits to the Committees on Appropriations, and such Committees approve, a plan for expenditure
that: (1) meets the capital planning and investment control review
requirements established by the Office of Management and Budget,
including Circular A–11; (2) complies with the National Archives
and Records Administration’s enterprise architecture; (3) conforms
with the National Archives and Records Administration’s enterprise
life cycle methodology; (4) is approved by the National Archives
and Records Administration and the Office of Management and
Budget; (5) has been reviewed by the Government Accountability
Office; and (6) complies with the acquisition rules, requirements,
guidelines, and systems acquisition management practices of the
Federal Government.
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REPAIRS AND RESTORATION
For the repair, alteration, and improvement of archives facilities, and to provide adequate storage for holdings, $28,605,000,
to remain available until expended: Provided, That the Archivist
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PUBLIC LAW 110–161—DEC. 26, 2007
121 STAT. 2007
is authorized to construct an addition to the John F. Kennedy
Presidential Library and Museum on land, adjacent to the existing
Library and Museum property, to be acquired from the Commonwealth of Massachusetts or the University of Massachusetts or
some other governmental authority thereof; and of the funds provided, $8,000,000 shall be used for acquiring the land for the
Kennedy Library Addition, the first phase of construction, related
services for building the addition to the Library, and other necessary
expenses, including renovating the Library as needed in constructing the addition; $750,000 to complete design work on the
renovation of the Franklin D. Roosevelt Presidential Library and
Museum; $7,432,000 to construct an addition to the Richard Nixon
Presidential Library and Museum; and $3,760,000 is for the repair
and restoration of the plaza that surrounds the Lyndon Baines
Johnson Presidential Library and Museum that is under the joint
control and custody of the University of Texas: Provided further,
That such funds shall remain available until expended for this
purpose and may be transferred directly to the University and
used, together with University funds, for the repair and restoration
of the plaza: Provided further, That such funds shall be spent
in accordance with the construction plan submitted to the Committees on Appropriations on March 14, 2005: Provided further, That
the Archivist shall be prohibited from entering into any agreement
with the University or any other party that requires additional
funding commitments on behalf of the Federal Government for
this project.
NATIONAL HISTORICAL PUBLICATIONS AND RECORDS COMMISSION
GRANTS PROGRAM
(INCLUDING
TRANSFER OF FUNDS)
For necessary expenses for allocations and grants for historical
publications and records as authorized by 44 U.S.C. 2504,
$9,500,000, to remain available until expended: Provided, That
of the funds provided in this paragraph, $2,000,000 shall be transferred to the operating expenses account of the National Archives
and Records Administration for operating expenses of the National
Historical Publications and Records Commission.
ADMINISTRATIVE PROVISION—NATIONAL ARCHIVES AND RECORDS
ADMINISTRATION
The National Archives and Records Administration shall
include in its fiscal year 2009 budget justifications a comprehensive
capital needs assessment for funding provided under the ‘‘Repairs
and Restoration’’ appropriations account: Provided, That funds proposed under the ‘‘Repairs and Restoration’’ appropriations account
for fiscal year 2009 shall be allocated to projects on a priority
basis established under a comprehensive capital needs assessment.
Funding
assessment.
NATIONAL CREDIT UNION ADMINISTRATION
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CENTRAL LIQUIDITY FACILITY
During fiscal year 2008, gross obligations of the Central
Liquidity Facility for the principal amount of new direct loans
to member credit unions, as authorized by 12 U.S.C. 1795 et seq.,
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121 STAT. 2008
PUBLIC LAW 110–161—DEC. 26, 2007
shall not exceed $1,500,000,000: Provided, That administrative
expenses of the Central Liquidity Facility in fiscal year 2008 shall
not exceed $329,000.
COMMUNITY DEVELOPMENT REVOLVING LOAN FUND
For the Community Development Revolving Loan Fund program as authorized by 42 U.S.C. 9812, 9822 and 9910, $975,000
shall be available until September 30, 2009 for technical assistance
to low-income designated credit unions.
OFFICE
OF
GOVERNMENT ETHICS
SALARIES AND EXPENSES
For necessary expenses to carry out functions of the Office
of Government Ethics pursuant to the Ethics in Government Act
of 1978, and the Ethics Reform Act of 1989, including services
as authorized by 5 U.S.C. 3109, rental of conference rooms in
the District of Columbia and elsewhere, hire of passenger motor
vehicles, and not to exceed $1,500 for official reception and representation expenses, $11,750,000.
OFFICE
OF
PERSONNEL MANAGEMENT
SALARIES AND EXPENSES
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(INCLUDING
TRANSFER OF TRUST FUNDS)
For necessary expenses to carry out functions of the Office
of Personnel Management pursuant to Reorganization Plan Numbered 2 of 1978 and the Civil Service Reform Act of 1978, including
services as authorized by 5 U.S.C. 3109; medical examinations
performed for veterans by private physicians on a fee basis; rental
of conference rooms in the District of Columbia and elsewhere;
hire of passenger motor vehicles; not to exceed $2,500 for official
reception and representation expenses; advances for reimbursements to applicable funds of the Office of Personnel Management
and the Federal Bureau of Investigation for expenses incurred
under Executive Order No. 10422 of January 9, 1953, as amended;
and payment of per diem and/or subsistence allowances to
employees where Voting Rights Act activities require an employee
to remain overnight at his or her post of duty, $101,765,000, of
which $5,991,000 shall remain available until expended for the
Enterprise Human Resources Integration project; $1,351,000 shall
remain available until expended for the Human Resources Line
of Business project; $340,000 shall remain available until expended
for the E-Payroll project; and $170,000 shall remain available until
expended for the E-Training program; and in addition $123,901,000
for administrative expenses, to be transferred from the appropriate
trust funds of the Office of Personnel Management without regard
to other statutes, including direct procurement of printed materials,
for the retirement and insurance programs, of which $26,965,000
shall remain available until expended for the cost of automating
the retirement recordkeeping systems: Provided, That the provisions
of this appropriation shall not affect the authority to use applicable
trust funds as provided by sections 8348(a)(1)(B), and 9004(f)(2)(A)
of title 5, United States Code: Provided further, That no part
of this appropriation shall be available for salaries and expenses
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PUBLIC LAW 110–161—DEC. 26, 2007
121 STAT. 2009
of the Legal Examining Unit of the Office of Personnel Management
established pursuant to Executive Order No. 9358 of July 1, 1943,
or any successor unit of like purpose: Provided further, That the
President’s Commission on White House Fellows, established by
Executive Order No. 11183 of October 3, 1964, may, during fiscal
year 2008, accept donations of money, property, and personal services: Provided further, That such donations, including those from
prior years, may be used for the development of publicity materials
to provide information about the White House Fellows, except that
no such donations shall be accepted for travel or reimbursement
of travel expenses, or for the salaries of employees of such Commission.
OFFICE OF INSPECTOR GENERAL
SALARIES AND EXPENSES
(INCLUDING
TRANSFER OF TRUST FUNDS)
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978,
including services as authorized by 5 U.S.C. 3109, hire of passenger
motor vehicles, $1,519,000, and in addition, not to exceed
$17,081,000 for administrative expenses to audit, investigate, and
provide other oversight of the Office of Personnel Management’s
retirement and insurance programs, to be transferred from the
appropriate trust funds of the Office of Personnel Management,
as determined by the Inspector General: Provided, That the
Inspector General is authorized to rent conference rooms in the
District of Columbia and elsewhere.
GOVERNMENT PAYMENT FOR ANNUITANTS, EMPLOYEES HEALTH
BENEFITS
For payment of Government contributions with respect to
retired employees, as authorized by chapter 89 of title 5, United
States Code, and the Retired Federal Employees Health Benefits
Act (74 Stat. 849), such sums as may be necessary.
GOVERNMENT PAYMENT FOR ANNUITANTS, EMPLOYEE LIFE
INSURANCE
For payment of Government contributions with respect to
employees retiring after December 31, 1989, as required by chapter
87 of title 5, United States Code, such sums as may be necessary.
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PAYMENT TO CIVIL SERVICE RETIREMENT AND DISABILITY FUND
For financing the unfunded liability of new and increased
annuity benefits becoming effective on or after October 20, 1969,
as authorized by 5 U.S.C. 8348, and annuities under special Acts
to be credited to the Civil Service Retirement and Disability Fund,
such sums as may be necessary: Provided, That annuities authorized by the Act of May 29, 1944, and the Act of August 19, 1950
(33 U.S.C. 771–775), may hereafter be paid out of the Civil Service
Retirement and Disability Fund.
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121 STAT. 2010
PUBLIC LAW 110–161—DEC. 26, 2007
OFFICE
OF
SPECIAL COUNSEL
SALARIES AND EXPENSES
For necessary expenses to carry out functions of the Office
of Special Counsel pursuant to Reorganization Plan Numbered 2
of 1978, the Civil Service Reform Act of 1978 (Public Law 95–
454), the Whistleblower Protection Act of 1989 (Public Law 101–
12), Public Law 107–304, and the Uniformed Services Employment
and Reemployment Act of 1994 (Public Law 103–353), including
services as authorized by 5 U.S.C. 3109, payment of fees and
expenses for witnesses, rental of conference rooms in the District
of Columbia and elsewhere, and hire of passenger motor vehicles;
$17,468,000.
SECURITIES
AND
EXCHANGE COMMISSION
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SALARIES AND EXPENSES
For necessary expenses for the Securities and Exchange
Commission, including services as authorized by 5 U.S.C. 3109,
the rental of space (to include multiple year leases) in the District
of Columbia and elsewhere, and not to exceed $3,500 for official
reception and representation expenses, $906,000,000, to remain
available until expended; of which not to exceed $20,000 may be
used toward funding a permanent secretariat for the International
Organization of Securities Commissions; and of which not to exceed
$100,000 shall be available for expenses for consultations and
meetings hosted by the Commission with foreign governmental
and other regulatory officials, members of their delegations, appropriate representatives and staff to exchange views concerning
developments relating to securities matters, development and
implementation of cooperation agreements concerning securities
matters and provision of technical assistance for the development
of foreign securities markets, such expenses to include necessary
logistic and administrative expenses and the expenses of Commission staff and foreign invitees in attendance at such consultations
and meetings including: (1) such incidental expenses as meals taken
in the course of such attendance; (2) any travel and transportation
to or from such meetings; and (3) any other related lodging or
subsistence: Provided, That fees and charges authorized by sections
6(b) of the Securities Exchange Act of 1933 (15 U.S.C. 77f(b)),
and 13(e), 14(g) and 31 of the Securities Exchange Act of 1934
(15 U.S.C. 78m(e), 78n(g), and 78ee), shall be credited to this
account as offsetting collections: Provided further, That not to exceed
$842,738,000 of such offsetting collections shall be available until
expended for necessary expenses of this account: Provided further,
That $63,262,000 shall be derived from prior year unobligated balances from funds previously appropriated to the Securities and
Exchange Commission: Provided further, That the total amount
appropriated under this heading from the general fund for fiscal
year 2008 shall be reduced as such offsetting fees are received
so as to result in a final total fiscal year 2008 appropriation from
the general fund estimated at not more than $0.
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PUBLIC LAW 110–161—DEC. 26, 2007
121 STAT. 2011
SELECTIVE SERVICE SYSTEM
SALARIES AND EXPENSES
For necessary expenses of the Selective Service System,
including expenses of attendance at meetings and of training for
uniformed personnel assigned to the Selective Service System, as
authorized by 5 U.S.C. 4101–4118 for civilian employees; purchase
of uniforms, or allowances therefor, as authorized by 5 U.S.C.
5901–5902; hire of passenger motor vehicles; services as authorized
by 5 U.S.C. 3109; and not to exceed $750 for official reception
and representation expenses; $22,000,000: Provided, That during
the current fiscal year, the President may exempt this appropriation
from the provisions of 31 U.S.C. 1341, whenever the President
deems such action to be necessary in the interest of national
defense: Provided further, That none of the funds appropriated
by this Act may be expended for or in connection with the induction
of any person into the Armed Forces of the United States.
SMALL BUSINESS ADMINISTRATION
SALARIES AND EXPENSES
For necessary expenses, not otherwise provided for, of the Small
Business Administration as authorized by Public Law 108–447,
including hire of passenger motor vehicles as authorized by 31
U.S.C. 1343 and 1344, and not to exceed $3,500 for official reception
and representation expenses, $344,123,000: Provided, That the
Administrator is authorized to charge fees to cover the cost of
publications developed by the Small Business Administration, and
certain loan program activities, including fees authorized by section
5(b) of the Small Business Act: Provided further, That, notwithstanding 31 U.S.C. 3302, revenues received from all such activities
shall be credited to this account, to remain available until expended,
for carrying out these purposes without further appropriations:
Provided further, That $97,120,000 shall be available to fund grants
for performance in fiscal year 2008 or fiscal year 2009 as authorized.
OFFICE OF INSPECTOR GENERAL
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978,
$15,000,000.
SURETY BOND GUARANTEES REVOLVING FUND
For additional capital for the Surety Bond Guarantees
Revolving Fund, authorized by the Small Business Investment Act
of 1958, $3,000,000, to remain available until expended.
BUSINESS LOANS PROGRAM ACCOUNT
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(INCLUDING
TRANSFERS OF FUNDS)
For the cost of direct loans, $2,000,000, to remain available
until expended: Provided, That such costs, including the cost of
modifying such loans, shall be as defined in section 502 of the
Congressional Budget Act of 1974: Provided further, That subject
to section 502 of the Congressional Budget Act of 1974, during
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121 STAT. 2012
PUBLIC LAW 110–161—DEC. 26, 2007
fiscal year 2008 commitments to guarantee loans under section
503 of the Small Business Investment Act of 1958 shall not exceed
$7,500,000,000: Provided further, That during fiscal year 2008
commitments for general business loans authorized under section
7(a) of the Small Business Act, shall not exceed $17,500,000,000:
Provided further, That during fiscal year 2008 commitments to
guarantee loans for debentures under section 303(b) of the Small
Business Investment Act of 1958, shall not exceed $3,000,000,000:
Provided further, That during fiscal year 2008, guarantees of trust
certificates authorized by section 5(g) of the Small Business Act
shall not exceed a principal amount of $12,000,000,000. In addition,
for administrative expenses to carry out the direct and guaranteed
loan programs, $135,414,000, which may be transferred to and
merged with the appropriations for Salaries and Expenses.
ADMINISTRATIVE PROVISIONS—SMALL BUSINESS ADMINISTRATION
(INCLUDING
Disaster
assistance.
Alaska.
North Dakota.
Nevada.
Tennessee.
TRANSFER OF FUNDS)
SEC. 530. Not to exceed 5 percent of any appropriation made
available for the current fiscal year for the Small Business Administration in this Act may be transferred between such appropriations,
but no such appropriation shall be increased by more than 10
percent by any such transfers: Provided, That any transfer pursuant
to this paragraph shall be treated as a reprogramming of funds
under section 610 of this Act and shall not be available for obligation
or expenditure except in compliance with the procedures set forth
in that section.
SEC. 531. All disaster loans issued in Alaska or North Dakota
shall be administered by the Small Business Administration and
shall not be sold during fiscal year 2008.
SEC. 532. (a) Funds made available under section 613 of Public
Law 109–108 (119 Stat. 2338) for Nevada’s Commission on Economic Development shall be made available to the Nevada Center
for Entrepreneurship and Technology (CET).
(b) Funds made available under section 613 of Public Law
109–108 for the Chattanooga Enterprise Center shall be made
available to the University of Tennessee at Chattanooga.
SEC. 533. Public Law 110–28 (121 Stat. 155) is amended in
the second paragraph of chapter 4 of title IV by inserting before
‘‘$25,000,000’’ the phrase ‘‘up to’’.
SEC. 534. For an additional amount under the heading ‘‘Small
Business Administration, Salaries and Expenses’’, $69,451,000, to
remain available until September 30, 2009, shall be for initiatives
related to small business development and entrepreneurship,
including programmatic and construction activities: Provided, That
amounts made available under this section shall be provided in
accordance with the terms and conditions as specified in the
explanatory statement described in section 4 (in the matter preceding division A of this consolidated Act).
UNITED STATES POSTAL SERVICE
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PAYMENT TO THE POSTAL SERVICE FUND
For payment to the Postal Service Fund for revenue forgone
on free and reduced rate mail, pursuant to subsections (c) and
(d) of section 2401 of title 39, United States Code, $117,864,000,
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PUBLIC LAW 110–161—DEC. 26, 2007
121 STAT. 2013
of which $88,864,000 shall not be available for obligation until
October 1, 2008: Provided, That mail for overseas voting and mail
for the blind shall continue to be free: Provided further, That
6-day delivery and rural delivery of mail shall continue at not
less than the 1983 level: Provided further, That none of the funds
made available to the Postal Service by this Act shall be used
to implement any rule, regulation, or policy of charging any officer
or employee of any State or local child support enforcement agency,
or any individual participating in a State or local program of child
support enforcement, a fee for information requested or provided
concerning an address of a postal customer: Provided further, That
none of the funds provided in this Act shall be used to consolidate
or close small rural and other small post offices in fiscal year
2008.
Mail.
UNITED STATES TAX COURT
SALARIES AND EXPENSES
For necessary expenses, including contract reporting and other
services as authorized by 5 U.S.C. 3109, $45,326,000: Provided,
That travel expenses of the judges shall be paid upon the written
certificate of the judge.
TITLE VI
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GENERAL PROVISIONS—THIS ACT
SEC. 601. Such sums as may be necessary for fiscal year 2008
pay raises for programs funded in this Act shall be absorbed within
the levels appropriated in this Act or previous appropriations Acts.
SEC. 602. None of the funds in this Act shall be used for
the planning or execution of any program to pay the expenses
of, or otherwise compensate, non-Federal parties intervening in
regulatory or adjudicatory proceedings funded in this Act.
SEC. 603. None of the funds appropriated in this Act shall
remain available for obligation beyond the current fiscal year, nor
may any be transferred to other appropriations, unless expressly
so provided herein.
SEC. 604. The expenditure of any appropriation under this
Act for any consulting service through procurement contract pursuant to section 3109 of title 5, United States Code, shall be limited
to those contracts where such expenditures are a matter of public
record and available for public inspection, except where otherwise
provided under existing law, or under existing Executive order
issued pursuant to existing law.
SEC. 605. None of the funds made available in this Act may
be transferred to any department, agency, or instrumentality of
the United States Government, except pursuant to a transfer made
by, or transfer authority provided in, this Act or any other appropriations Act.
SEC. 606. None of the funds made available by this Act shall
be available for any activity or for paying the salary of any Government employee where funding an activity or paying a salary to
a Government employee would result in a decision, determination,
rule, regulation, or policy that would prohibit the enforcement of
section 307 of the Tariff Act of 1930 (19 U.S.C. 1307).
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121 STAT. 2014
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Deadline.
Reports.
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PUBLIC LAW 110–161—DEC. 26, 2007
SEC. 607. No part of any appropriation contained in this Act
shall be available to pay the salary for any person filling a position,
other than a temporary position, formerly held by an employee
who has left to enter the Armed Forces of the United States and
has satisfactorily completed his period of active military or naval
service, and has within 90 days after his release from such service
or from hospitalization continuing after discharge for a period of
not more than 1 year, made application for restoration to his former
position and has been certified by the Office of Personnel Management as still qualified to perform the duties of his former position
and has not been restored thereto.
SEC. 608. No funds appropriated pursuant to this Act may
be expended by an entity unless the entity agrees that in expending
the assistance the entity will comply with sections 2 through 4
of the Act of March 3, 1933 (41 U.S.C. 10a–10c, popularly known
as the ‘‘Buy American Act’’).
SEC. 609. No funds appropriated or otherwise made available
under this Act shall be made available to any person or entity
that has been convicted of violating the Buy American Act (41
U.S.C. 10a–10c).
SEC. 610. Except as otherwise provided in this Act, none of
the funds provided in this Act, provided by previous appropriations
Acts to the agencies or entities funded in this Act that remain
available for obligation or expenditure in fiscal year 2008, or provided from any accounts in the Treasury derived by the collection
of fees and available to the agencies funded by this Act, shall
be available for obligation or expenditure through a reprogramming
of funds that: (1) creates a new program; (2) eliminates a program,
project, or activity; (3) increases funds or personnel for any program,
project, or activity for which funds have been denied or restricted
by the Congress; (4) proposes to use funds directed for a specific
activity by either the House or Senate Committees on Appropriations for a different purpose; (5) augments existing programs,
projects, or activities in excess of $5,000,000 or 10 percent, whichever is less; (6) reduces existing programs, projects, or activities
by $5,000,000 or 10 percent, whichever is less; or (7) creates or
reorganizes offices, programs, or activities unless prior approval
is received from the House and Senate Committees on Appropriations: Provided, That prior to any significant reorganization or
restructuring of offices, programs, or activities, each agency or
entity funded in this Act shall consult with the Committees on
Appropriations of the House of Representatives and the Senate:
Provided further, That not later than 60 days after the date of
enactment of this Act, each agency funded by this Act shall submit
a report to the Committees on Appropriations of the Senate and
of the House of Representatives to establish the baseline for application of reprogramming and transfer authorities for the current
fiscal year: Provided further, That the report shall include: (1)
a table for each appropriation with a separate column to display
the President’s budget request, adjustments made by Congress,
adjustments due to enacted rescissions, if appropriate, and the
fiscal year enacted level; (2) a delineation in the table for each
appropriation both by object class and program, project, and activity
as detailed in the budget appendix for the respective appropriation;
and (3) an identification of items of special congressional interest:
Provided further, That the amount appropriated or limited for salaries and expenses for an agency shall be reduced by $100,000
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PUBLIC LAW 110–161—DEC. 26, 2007
121 STAT. 2015
per day for each day after the required date that the report has
not been submitted to the Congress.
SEC. 611. Except as otherwise specifically provided by law,
not to exceed 50 percent of unobligated balances remaining available
at the end of fiscal year 2008 from appropriations made available
for salaries and expenses for fiscal year 2008 in this Act, shall
remain available through September 30, 2009, for each such account
for the purposes authorized: Provided, That a request shall be
submitted to the Committees on Appropriations for approval prior
to the expenditure of such funds: Provided further, That these
requests shall be made in compliance with reprogramming guidelines.
SEC. 612. None of the funds made available in this Act may
be used by the Executive Office of the President to request from
the Federal Bureau of Investigation any official background investigation report on any individual, except when—
(1) such individual has given his or her express written
consent for such request not more than 6 months prior to
the date of such request and during the same presidential
administration; or
(2) such request is required due to extraordinary circumstances involving national security.
SEC. 613. The cost accounting standards promulgated under
section 26 of the Office of Federal Procurement Policy Act (Public
Law 93–400; 41 U.S.C. 422) shall not apply with respect to a
contract under the Federal Employees Health Benefits Program
established under chapter 89 of title 5, United States Code.
SEC. 614. For the purpose of resolving litigation and implementing any settlement agreements regarding the nonforeign area
cost-of-living allowance program, the Office of Personnel Management may accept and utilize (without regard to any restriction
on unanticipated travel expenses imposed in an Appropriations
Act) funds made available to the Office of Personnel Management
pursuant to court approval.
SEC. 615. No funds appropriated by this Act shall be available
to pay for an abortion, or the administrative expenses in connection
with any health plan under the Federal employees health benefits
program which provides any benefits or coverage for abortions.
SEC. 616. The provision of section 615 shall not apply where
the life of the mother would be endangered if the fetus were carried
to term, or the pregnancy is the result of an act of rape or incest.
SEC. 617. Notwithstanding any other provision of law, for fiscal
years 2008 and 2009, neither the Board of Governors of the Federal
Reserve System nor the Secretary of the Treasury may determine,
by rule, regulation, order, or otherwise, for the purposes of section
4(K) of the Bank Holding Company Act of 1956, or section 5136A
of the Revised Statutes of the United States, that real estate brokerage activity or real estate management activity (which for purposes
of this paragraph shall be defined to mean ‘‘real estate brokerage’’
and ‘‘property management’’ respectively, as those terms were
understood by the Federal Reserve Board prior to March 11, 2000)
is an activity that is financial in nature, is incidental to any financial activity, or is complementary to a financial activity. For purposes of this paragraph, ‘‘real estate brokerage activity’’ shall mean
‘‘real estate brokerage’’, and ‘‘real estate management activity’’ shall
mean ‘‘property management’’ as those terms were understood by
the Federal Reserve Board prior to March 11, 2000.
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Abortion.
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121 STAT. 2016
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20 USC 2009a.
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PUBLIC LAW 110–161—DEC. 26, 2007
SEC. 618. In order to promote Government access to commercial
information technology, the restriction on purchasing nondomestic
articles, materials, and supplies set forth in the Buy American
Act (41 U.S.C. 10a et seq.), shall not apply to the acquisition
by the Federal Government of information technology (as defined
in section 11101 of title 40, United States Code), that is a commercial item (as defined in section 4(12) of the Office of Federal Procurement Policy Act (41 U.S.C. 403(12)).
SEC. 619. Notwithstanding section 10(b) of the Harry S Truman
Memorial Scholarship Act (20 U.S.C. 2009(b)), hereafter, at the
request of the Board of Trustees of the Harry S Truman Scholarship
Foundation, it shall be the duty of the Secretary of the Treasury
to invest in full the amounts appropriated and contributed to the
Harry S Truman Memorial Scholarship Trust Fund, as provided
in such section. All requests of the Board of Trustees to the Secretary provided for in this section shall be binding on the Secretary.
SEC. 620. Notwithstanding section 1353 of title 31, United
States Code, no officer or employee of any regulatory agency or
commission funded by this Act may accept on behalf of that agency,
nor may such agency or commission accept, payment or reimbursement from a non-Federal entity for travel, subsistence, or related
expenses for the purpose of enabling an officer or employee to
attend and participate in any meeting or similar function relating
to the official duties of the officer or employee when the entity
offering payment or reimbursement is a person or entity subject
to regulation by such agency or commission, or represents a person
or entity subject to regulation by such agency or commission, unless
the person or entity is an organization exempt from taxation pursuant to section 501(c)(3) of the Internal Revenue Code of 1986.
SEC. 621. None of the funds made available by this Act may
be used by the Federal Communications Commission to implement
the Fairness Doctrine, as repealed in General Fairness Doctrine
Obligations of Broadcast Licensees (50 Fed. Reg. 35418 (1985)),
or any other regulations having the same substance.
SEC. 622. Section 5112 of title 31, United States Code, is
amended by adding at the end the following new subsection:
‘‘(r) REDESIGN AND ISSUANCE OF CIRCULATING QUARTER DOLLAR
HONORING THE DISTRICT OF COLUMBIA AND EACH OF THE TERRITORIES.—
‘‘(1) REDESIGN IN 2009.—
‘‘(A) IN GENERAL.—Notwithstanding the fourth sentence of subsection (d)(1) and subsection (d)(2) and subject
to paragraph (6)(B), quarter dollar coins issued during
2009, shall have designs on the reverse side selected in
accordance with this subsection which are emblematic of
the District of Columbia and the territories.
‘‘(B) FLEXIBILITY WITH REGARD TO PLACEMENT OF
INSCRIPTIONS.—Notwithstanding subsection (d)(1), the Secretary may select a design for quarter dollars issued during
2009 in which—
‘‘(i) the inscription described in the second sentence
of subsection (d)(1) appears on the reverse side of any
such quarter dollars; and
‘‘(ii) any inscription described in the third sentence
of subsection (d)(1) or the designation of the value
of the coin appears on the obverse side of any such
quarter dollars.
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‘‘(2) SINGLE DISTRICT OR TERRITORY DESIGN.—The
design on the reverse side of each quarter dollar issued
during 2009 shall be emblematic of one of the following:
The District of Columbia, the Commonwealth of Puerto
Rico, Guam, American Samoa, the United States Virgin
Islands, and the Commonwealth of the Northern Mariana
Islands.
‘‘(3) SELECTION OF DESIGN.—
‘‘(A) IN GENERAL.—Each of the 6 designs required
under this subsection for quarter dollars shall be—
‘‘(i) selected by the Secretary after consultation
with—
‘‘(I) the chief executive of the District of
Columbia or the territory being honored, or
such other officials or group as the chief executive officer of the District of Columbia or the
territory may designate for such purpose; and
‘‘(II) the Commission of Fine Arts; and
‘‘(ii) reviewed by the Citizens Coinage
Advisory Committee.
‘‘(B) SELECTION AND APPROVAL PROCESS.—Designs
for quarter dollars may be submitted in accordance
with the design selection and approval process developed by the Secretary in the sole discretion of the
Secretary.
‘‘(C) PARTICIPATION.—The Secretary may include
participation by District or territorial officials, artists
from the District of Columbia or the territory,
engravers of the United States Mint, and members
of the general public.
‘‘(D) STANDARDS.—Because it is important that the
Nation’s coinage and currency bear dignified designs
of which the citizens of the United States can be proud,
the Secretary shall not select any frivolous or inappropriate design for any quarter dollar minted under this
subsection.
‘‘(E) PROHIBITION ON CERTAIN REPRESENTATIONS.—
No head and shoulders portrait or bust of any person,
living or dead, and no portrait of a living person may
be included in the design of any quarter dollar under
this subsection.
‘‘(4) TREATMENT AS NUMISMATIC ITEMS.—For purposes of
sections 5134 and 5136, all coins minted under this subsection
shall be considered to be numismatic items.
‘‘(5) ISSUANCE.—
‘‘(A) QUALITY OF COINS.—The Secretary may mint and
issue such number of quarter dollars of each design selected
under paragraph (4) in uncirculated and proof qualities
as the Secretary determines to be appropriate.
‘‘(B) SILVER COINS.—Notwithstanding subsection (b),
the Secretary may mint and issue such number of quarter
dollars of each design selected under paragraph (4) as
the Secretary determines to be appropriate, with a content
of 90 percent silver and 10 percent copper.
‘‘(C) TIMING AND ORDER OF ISSUANCE.—Coins minted
under this subsection honoring the District of Columbia
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and each of the territories shall be issued in equal sequential intervals during 2009 in the following order: the District of Columbia, the Commonwealth of Puerto Rico,
Guam, American Samoa, the United States Virgin Islands,
and the Commonwealth of the Northern Mariana Islands.
‘‘(6) OTHER PROVISIONS.—
‘‘(A) APPLICATION IN EVENT OF ADMISSION AS A STATE.—
If the District of Columbia or any territory becomes a
State before the end of the 10-year period referred to in
subsection (l)(1), subsection (l)(7) shall apply, and this subsection shall not apply, with respect to such State.
‘‘(B) APPLICATION IN EVENT OF INDEPENDENCE.—If any
territory becomes independent or otherwise ceases to be
a territory or possession of the United States before quarter
dollars bearing designs which are emblematic of such territory are minted pursuant to this subsection, this subsection
shall cease to apply with respect to such territory.
‘‘(7) TERRITORY DEFINED.—For purposes of this subsection,
the term ‘territory’ means the Commonwealth of Puerto Rico,
Guam, American Samoa, the United States Virgin Islands,
and the Commonwealth of the Northern Mariana Islands.’’.
SEC. 623. (a) IN GENERAL.—Section 5112(n)(2) of title 31, United
States Code, is amended—
(1) in subparagraph (C)(i)—
(A) by striking ‘‘inscriptions’’ and inserting ‘‘inscription’’; and
(B) by striking ‘‘and ‘In God We Trust’ ’’; and
(2) by adding at the end the following new subparagraph:
‘‘(F) INSCRIPTION OF ‘IN GOD WE TRUST’.—The design
on the obverse or the reverse shall bear the inscription
‘In God We Trust’.’’.
(b) CONFORMING AMENDMENT.—Section 5112(r)(2) of title 31,
United States Code, is amended—
(1) in subparagraph (C)(i)—
(A) by striking ‘‘inscriptions’’ and inserting ‘‘inscription’’; and
(B) by striking ‘‘and ‘In God We Trust’ ’’; and
(2) by adding at the end the following new subparagraph:
‘‘(E) INSCRIPTION OF ‘IN GOD WE TRUST’.—The design
on the obverse or the reverse shall bear the inscription
‘In God We Trust’.’’.
(c) EFFECTIVE DATE.—The change required by the amendments
made by subsections (a) and (b) shall be put into effect by the
Secretary of the Treasury as soon as is practicable after the date
of enactment of this Act.
SEC. 624. There is hereby appropriated $600,000, to remain
available until expended, for the Christopher Columbus Fellowship
Foundation, established by Section 423 of Public Law 102–281.
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PUBLIC LAW 110–161—DEC. 26, 2007
121 STAT. 2019
TITLE VII
GENERAL PROVISIONS—GOVERNMENT-WIDE
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DEPARTMENTS, AGENCIES,
AND
CORPORATIONS
SEC. 701. Hereafter, funds appropriated in this or any other
Act may be used to pay travel to the United States for the immediate family of employees serving abroad in cases of death or
life threatening illness of said employee.
SEC. 702. No department, agency, or instrumentality of the
United States receiving appropriated funds under this or any other
Act for fiscal year 2008 shall obligate or expend any such funds,
unless such department, agency, or instrumentality has in place,
and will continue to administer in good faith, a written policy
designed to ensure that all of its workplaces are free from the
illegal use, possession, or distribution of controlled substances (as
defined in the Controlled Substances Act (21 U.S.C. 802)) by the
officers and employees of such department, agency, or instrumentality.
SEC. 703. Unless otherwise specifically provided, the maximum
amount allowable during the current fiscal year in accordance with
section 16 of the Act of August 2, 1946 (60 Stat. 810), for the
purchase of any passenger motor vehicle (exclusive of buses, ambulances, law enforcement, and undercover surveillance vehicles), is
hereby fixed at $12,888 except station wagons for which the maximum shall be $13,312: Provided, That these limits may be exceeded
by not to exceed $3,700 for police-type vehicles, and by not to
exceed $4,000 for special heavy-duty vehicles: Provided further,
That the limits set forth in this section may not be exceeded
by more than 5 percent for electric or hybrid vehicles purchased
for demonstration under the provisions of the Electric and Hybrid
Vehicle Research, Development, and Demonstration Act of 1976:
Provided further, That the limits set forth in this section may
be exceeded by the incremental cost of clean alternative fuels
vehicles acquired pursuant to Public Law 101–549 over the cost
of comparable conventionally fueled vehicles.
SEC. 704. Appropriations of the executive departments and
independent establishments for the current fiscal year available
for expenses of travel, or for the expenses of the activity concerned,
are hereby made available for quarters allowances and cost-ofliving allowances, in accordance with 5 U.S.C. 5922–5924.
SEC. 705. Unless otherwise specified during the current fiscal
year, no part of any appropriation contained in this or any other
Act shall be used to pay the compensation of any officer or employee
of the Government of the United States (including any agency
the majority of the stock of which is owned by the Government
of the United States) whose post of duty is in the continental
United States unless such person: (1) is a citizen of the United
States; (2) is a person in the service of the United States on
the date of the enactment of this Act who, being eligible for citizenship, has filed a declaration of intention to become a citizen of
the United States prior to such date and is actually residing in
the United States; (3) is a person who owes allegiance to the
United States; (4) is an alien from Cuba, Poland, South Vietnam,
the countries of the former Soviet Union, or the Baltic countries
lawfully admitted to the United States for permanent residence;
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31 USC 1343
note.
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Affidavit.
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(5) is a South Vietnamese, Cambodian, or Laotian refugee paroled
in the United States after January 1, 1975; or (6) is a national
of the People’s Republic of China who qualifies for adjustment
of status pursuant to the Chinese Student Protection Act of 1992
(Public Law 102–404): Provided, That for the purpose of this section,
an affidavit signed by any such person shall be considered prima
facie evidence that the requirements of this section with respect
to his or her status have been complied with: Provided further,
That any person making a false affidavit shall be guilty of a
felony, and, upon conviction, shall be fined no more than $4,000
or imprisoned for not more than 1 year, or both: Provided further,
That the above penal clause shall be in addition to, and not in
substitution for, any other provisions of existing law: Provided
further, That any payment made to any officer or employee contrary
to the provisions of this section shall be recoverable in action
by the Federal Government. This section shall not apply to citizens
of Ireland, Israel, or the Republic of the Philippines, or to nationals
of those countries allied with the United States in a current defense
effort, or to international broadcasters employed by the Broadcasting Board of Governors, or to temporary employment of translators, or to temporary employment in the field service (not to
exceed 60 days) as a result of emergencies.
SEC. 706. Appropriations available to any department or agency
during the current fiscal year for necessary expenses, including
maintenance or operating expenses, shall also be available for payment to the General Services Administration for charges for space
and services and those expenses of renovation and alteration of
buildings and facilities which constitute public improvements performed in accordance with the Public Buildings Act of 1959 (73
Stat. 479), the Public Buildings Amendments of 1972 (86 Stat.
216), or other applicable law.
SEC. 707. In addition to funds provided in this or any other
Act, all Federal agencies are authorized to receive and use funds
resulting from the sale of materials, including Federal records disposed of pursuant to a records schedule recovered through recycling
or waste prevention programs. Such funds shall be available until
expended for the following purposes:
(1) Acquisition, waste reduction and prevention, and
recycling programs as described in Executive Order No. 13101
(September 14, 1998), including any such programs adopted
prior to the effective date of the Executive order.
(2) Other Federal agency environmental management programs, including, but not limited to, the development and
implementation of hazardous waste management and pollution
prevention programs.
(3) Other employee programs as authorized by law or as
deemed appropriate by the head of the Federal agency.
SEC. 708. Funds made available by this or any other Act for
administrative expenses in the current fiscal year of the corporations and agencies subject to chapter 91 of title 31, United States
Code, shall be available, in addition to objects for which such
funds are otherwise available, for rent in the District of Columbia;
services in accordance with 5 U.S.C. 3109; and the objects specified
under this head, all the provisions of which shall be applicable
to the expenditure of such funds unless otherwise specified in
the Act by which they are made available: Provided, That in the
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PUBLIC LAW 110–161—DEC. 26, 2007
121 STAT. 2021
event any functions budgeted as administrative expenses are subsequently transferred to or paid from other funds, the limitations
on administrative expenses shall be correspondingly reduced.
SEC. 709. Hereafter, no part of any appropriation contained
in this or any other Act shall be paid to any person for the filling
of any position for which he or she has been nominated after
the Senate has voted not to approve the nomination of said person.
SEC. 710. No part of any appropriation contained in this or
any other Act shall be available for interagency financing of boards
(except Federal Executive Boards), commissions, councils, committees, or similar groups (whether or not they are interagency entities)
which do not have a prior and specific statutory approval to receive
financial support from more than one agency or instrumentality.
SEC. 711. None of the funds made available pursuant to the
provisions of this Act shall be used to implement, administer, or
enforce any regulation which has been disapproved pursuant to
a joint resolution duly adopted in accordance with the applicable
law of the United States.
SEC. 712. (a) Notwithstanding any other provision of law, and
except as otherwise provided in this section, no part of any of
the funds appropriated for fiscal year 2008, by this or any other
Act, may be used to pay any prevailing rate employee described
in section 5342(a)(2)(A) of title 5, United States Code—
(1) during the period from the date of expiration of the
limitation imposed by the comparable section for previous fiscal
years until the normal effective date of the applicable wage
survey adjustment that is to take effect in fiscal year 2008,
in an amount that exceeds the rate payable for the applicable
grade and step of the applicable wage schedule in accordance
with such section; and
(2) during the period consisting of the remainder of fiscal
year 2008, in an amount that exceeds, as a result of a wage
survey adjustment, the rate payable under paragraph (1) by
more than the sum of—
(A) the percentage adjustment taking effect in fiscal
year 2008 under section 5303 of title 5, United States
Code, in the rates of pay under the General Schedule;
and
(B) the difference between the overall average percentage of the locality-based comparability payments taking
effect in fiscal year 2008 under section 5304 of such title
(whether by adjustment or otherwise), and the overall average percentage of such payments which was effective in
the previous fiscal year under such section.
(b) Notwithstanding any other provision of law, no prevailing
rate employee described in subparagraph (B) or (C) of section
5342(a)(2) of title 5, United States Code, and no employee covered
by section 5348 of such title, may be paid during the periods
for which subsection (a) is in effect at a rate that exceeds the
rates that would be payable under subsection (a) were subsection
(a) applicable to such employee.
(c) For the purposes of this section, the rates payable to an
employee who is covered by this section and who is paid from
a schedule not in existence on September 30, 2007, shall be determined under regulations prescribed by the Office of Personnel
Management.
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5 USC note prec.
5501.
5 USC 5343 note.
Regulations.
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(d) Notwithstanding any other provision of law, rates of premium pay for employees subject to this section may not be changed
from the rates in effect on September 30, 2007, except to the
extent determined by the Office of Personnel Management to be
consistent with the purpose of this section.
(e) This section shall apply with respect to pay for service
performed after September 30, 2007.
(f) For the purpose of administering any provision of law
(including any rule or regulation that provides premium pay, retirement, life insurance, or any other employee benefit) that requires
any deduction or contribution, or that imposes any requirement
or limitation on the basis of a rate of salary or basic pay, the
rate of salary or basic pay payable after the application of this
section shall be treated as the rate of salary or basic pay.
(g) Nothing in this section shall be considered to permit or
require the payment to any employee covered by this section at
a rate in excess of the rate that would be payable were this section
not in effect.
(h) The Office of Personnel Management may provide for exceptions to the limitations imposed by this section if the Office determines that such exceptions are necessary to ensure the recruitment
or retention of qualified employees.
SEC. 713. During the period in which the head of any department or agency, or any other officer or civilian employee of the
Federal Government appointed by the President of the United
States, holds office, no funds may be obligated or expended in
excess of $5,000 to furnish or redecorate the office of such department head, agency head, officer, or employee, or to purchase furniture or make improvements for any such office, unless advance
notice of such furnishing or redecoration is expressly approved
by the Committees on Appropriations. For the purposes of this
section, the term ‘‘office’’ shall include the entire suite of offices
assigned to the individual, as well as any other space used primarily
by the individual or the use of which is directly controlled by
the individual.
SEC. 714. Notwithstanding section 1346 of title 31, United
States Code, or section 710 of this Act, funds made available for
the current fiscal year by this or any other Act shall be available
for the interagency funding of national security and emergency
preparedness telecommunications initiatives which benefit multiple
Federal departments, agencies, or entities, as provided by Executive
Order No. 12472 (April 3, 1984).
SEC. 715. (a) None of the funds appropriated by this or any
other Act may be obligated or expended by any Federal department,
agency, or other instrumentality for the salaries or expenses of
any employee appointed to a position of a confidential or policydetermining character excepted from the competitive service pursuant to section 3302 of title 5, United States Code, without a certification to the Office of Personnel Management from the head of
the Federal department, agency, or other instrumentality employing
the Schedule C appointee that the Schedule C position was not
created solely or primarily in order to detail the employee to the
White House.
(b) The provisions of this section shall not apply to Federal
employees or members of the armed services detailed to or from—
(1) the Central Intelligence Agency;
(2) the National Security Agency;
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PUBLIC LAW 110–161—DEC. 26, 2007
121 STAT. 2023
(3) the Defense Intelligence Agency;
(4) the offices within the Department of Defense for the
collection of specialized national foreign intelligence through
reconnaissance programs;
(5) the Bureau of Intelligence and Research of the Department of State;
(6) any agency, office, or unit of the Army, Navy, Air
Force, and Marine Corps, the Department of Homeland Security, the Federal Bureau of Investigation and the Drug Enforcement Administration of the Department of Justice, the Department of Transportation, the Department of the Treasury, and
the Department of Energy performing intelligence functions;
and
(7) the Director of National Intelligence or the Office of
the Director of National Intelligence.
SEC. 716. Hereafter, no department, agency, or instrumentality
of the United States receiving appropriated funds under this or
any other Act shall obligate or expend any such funds, unless
such department, agency, or instrumentality has in place, and
will continue to administer in good faith, a written policy designed
to ensure that all of its workplaces are free from discrimination
and sexual harassment and that all of its workplaces are not
in violation of title VII of the Civil Rights Act of 1964 (Public
Law 88–352, 78 Stat. 241), the Age Discrimination in Employment
Act of 1967 (Public Law 90–202, 81 Stat. 602), and the Rehabilitation Act of 1973 (Public Law 93–112, 87 Stat. 355).
SEC. 717. No part of any appropriation contained in this or
any other Act shall be available for the payment of the salary
of any officer or employee of the Federal Government, who—
(1) prohibits or prevents, or attempts or threatens to prohibit or prevent, any other officer or employee of the Federal
Government from having any direct oral or written communication or contact with any Member, committee, or subcommittee
of the Congress in connection with any matter pertaining to
the employment of such other officer or employee or pertaining
to the department or agency of such other officer or employee
in any way, irrespective of whether such communication or
contact is at the initiative of such other officer or employee
or in response to the request or inquiry of such Member, committee, or subcommittee; or
(2) removes, suspends from duty without pay, demotes,
reduces in rank, seniority, status, pay, or performance or efficiency rating, denies promotion to, relocates, reassigns, transfers, disciplines, or discriminates in regard to any employment
right, entitlement, or benefit, or any term or condition of
employment of, any other officer or employee of the Federal
Government, or attempts or threatens to commit any of the
foregoing actions with respect to such other officer or employee,
by reason of any communication or contact of such other officer
or employee with any Member, committee, or subcommittee
of the Congress as described in paragraph (1).
SEC. 718. (a) None of the funds made available in this or
any other Act may be obligated or expended for any employee
training that—
(1) does not meet identified needs for knowledge, skills,
and abilities bearing directly upon the performance of official
duties;
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PUBLIC LAW 110–161—DEC. 26, 2007
(2) contains elements likely to induce high levels of emotional response or psychological stress in some participants;
(3) does not require prior employee notification of the content and methods to be used in the training and written end
of course evaluation;
(4) contains any methods or content associated with religious or quasi-religious belief systems or ‘‘new age’’ belief systems as defined in Equal Employment Opportunity Commission
Notice N–915.022, dated September 2, 1988; or
(5) is offensive to, or designed to change, participants’
personal values or lifestyle outside the workplace.
(b) Nothing in this section shall prohibit, restrict, or otherwise
preclude an agency from conducting training bearing directly upon
the performance of official duties.
SEC. 719. No funds appropriated in this or any other Act
may be used to implement or enforce the agreements in Standard
Forms 312 and 4414 of the Government or any other nondisclosure
policy, form, or agreement if such policy, form, or agreement does
not contain the following provisions: ‘‘These restrictions are consistent with and do not supersede, conflict with, or otherwise alter
the employee obligations, rights, or liabilities created by Executive
Order No. 12958; section 7211 of title 5, United States Code (governing disclosures to Congress); section 1034 of title 10, United
States Code, as amended by the Military Whistleblower Protection
Act (governing disclosure to Congress by members of the military);
section 2302(b)(8) of title 5, United States Code, as amended by
the Whistleblower Protection Act (governing disclosures of illegality,
waste, fraud, abuse or public health or safety threats); the Intelligence Identities Protection Act of 1982 (50 U.S.C. 421 et seq.)
(governing disclosures that could expose confidential Government
agents); and the statutes which protect against disclosure that
may compromise the national security, including sections 641, 793,
794, 798, and 952 of title 18, United States Code, and section
4(b) of the Subversive Activities Act of 1950 (50 U.S.C. 783(b)).
The definitions, requirements, obligations, rights, sanctions, and
liabilities created by said Executive order and listed statutes are
incorporated into this agreement and are controlling.’’: Provided,
That notwithstanding the preceding paragraph, a nondisclosure
policy form or agreement that is to be executed by a person connected with the conduct of an intelligence or intelligence-related
activity, other than an employee or officer of the United States
Government, may contain provisions appropriate to the particular
activity for which such document is to be used. Such form or
agreement shall, at a minimum, require that the person will not
disclose any classified information received in the course of such
activity unless specifically authorized to do so by the United States
Government. Such nondisclosure forms shall also make it clear
that they do not bar disclosures to Congress, or to an authorized
official of an executive agency or the Department of Justice, that
are essential to reporting a substantial violation of law.
SEC. 720. No part of any funds appropriated in this or any
other Act shall be used by an agency of the executive branch,
other than for normal and recognized executive-legislative relationships, for publicity or propaganda purposes, and for the preparation,
distribution or use of any kit, pamphlet, booklet, publication, radio,
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121 STAT. 2025
television, or film presentation designed to support or defeat legislation pending before the Congress, except in presentation to the
Congress itself.
SEC. 721. None of the funds appropriated by this or any other
Act may be used by an agency to provide a Federal employee’s
home address to any labor organization except when the employee
has authorized such disclosure or when such disclosure has been
ordered by a court of competent jurisdiction.
SEC. 722. None of the funds made available in this Act or
any other Act may be used to provide any non-public information
such as mailing or telephone lists to any person or any organization
outside of the Federal Government without the approval of the
Committees on Appropriations.
SEC. 723. No part of any appropriation contained in this or
any other Act shall be used directly or indirectly, including by
private contractor, for publicity or propaganda purposes within
the United States not heretofor authorized by the Congress.
SEC. 724. (a) In this section, the term ‘‘agency’’—
(1) means an Executive agency, as defined under section
105 of title 5, United States Code;
(2) includes a military department, as defined under section
102 of such title, the Postal Service, and the Postal Regulatory
Commission; and
(3) shall not include the Government Accountability Office.
(b) Unless authorized in accordance with law or regulations
to use such time for other purposes, an employee of an agency
shall use official time in an honest effort to perform official duties.
An employee not under a leave system, including a Presidential
appointee exempted under section 6301(2) of title 5, United States
Code, has an obligation to expend an honest effort and a reasonable
proportion of such employee’s time in the performance of official
duties.
SEC. 725. Notwithstanding 31 U.S.C. 1346 and section 710
of this Act, funds made available for the current fiscal year by
this or any other Act to any department or agency, which is a
member of the Federal Accounting Standards Advisory Board
(FASAB), shall be available to finance an appropriate share of
FASAB administrative costs.
SEC. 726. Notwithstanding 31 U.S.C. 1346 and section 710
of this Act, the head of each Executive department and agency
is hereby authorized to transfer to or reimburse ‘‘General Services
Administration, Government-wide Policy’’ with the approval of the
Director of the Office of Management and Budget, funds made
available for the current fiscal year by this or any other Act,
including rebates from charge card and other contracts: Provided,
That these funds shall be administered by the Administrator of
General Services to support Government-wide financial, information
technology, procurement, and other management innovations, initiatives, and activities, as approved by the Director of the Office
of Management and Budget, in consultation with the appropriate
interagency groups designated by the Director (including the President’s Management Council for overall management improvement
initiatives, the Chief Financial Officers Council for financial
management initiatives, the Chief Information Officers Council for
information technology initiatives, the Chief Human Capital Officers Council for human capital initiatives, and the Chief Acquisition
Officers Council for procurement initiatives): Provided further, That
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Notification.
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the total funds transferred or reimbursed shall not exceed
$10,000,000: Provided further, That such transfers or reimbursements may only be made after 15 days following notification of
the Committees on Appropriations by the Director of the Office
of Management and Budget.
SEC. 727. Notwithstanding any other provision of law, a woman
may breastfeed her child at any location in a Federal building
or on Federal property, if the woman and her child are otherwise
authorized to be present at the location.
SEC. 728. Notwithstanding section 1346 of title 31, United
States Code, or section 710 of this Act, funds made available for
the current fiscal year by this or any other Act shall be available
for the interagency funding of specific projects, workshops, studies,
and similar efforts to carry out the purposes of the National Science
and Technology Council (authorized by Executive Order No. 12881),
which benefit multiple Federal departments, agencies, or entities:
Provided, That the Office of Management and Budget shall provide
a report describing the budget of and resources connected with
the National Science and Technology Council to the Committees
on Appropriations, the House Committee on Science, and the Senate
Committee on Commerce, Science, and Transportation 90 days after
enactment of this Act.
SEC. 729. Any request for proposals, solicitation, grant application, form, notification, press release, or other publications involving
the distribution of Federal funds shall indicate the agency providing
the funds, the Catalog of Federal Domestic Assistance Number,
as applicable, and the amount provided: Provided, That this provision shall apply to direct payments, formula funds, and grants
received by a State receiving Federal funds.
SEC. 730. Section 403(f) of the Government Management
Reform Act of 1994 (31 U.S.C. 501 note; Public Law 103–356)
is amended to read as follows:
‘‘(f) TERMINATION OF CERTAIN AUTHORITY.—The authority of
the Secretary of Homeland Security to carry out a pilot program
under this section shall terminate on October 1, 2008.’’.
SEC. 731. (a) PROHIBITION OF FEDERAL AGENCY MONITORING
OF INDIVIDUALS’ INTERNET USE.—None of the funds made available
in this or any other Act may be used by any Federal agency—
(1) to collect, review, or create any aggregation of data,
derived from any means, that includes any personally identifiable information relating to an individual’s access to or use
of any Federal Government Internet site of the agency; or
(2) to enter into any agreement with a third party
(including another government agency) to collect, review, or
obtain any aggregation of data, derived from any means, that
includes any personally identifiable information relating to an
individual’s access to or use of any nongovernmental Internet
site.
(b) EXCEPTIONS.—The limitations established in subsection (a)
shall not apply to—
(1) any record of aggregate data that does not identify
particular persons;
(2) any voluntary submission of personally identifiable
information;
(3) any action taken for law enforcement, regulatory, or
supervisory purposes, in accordance with applicable law; or
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121 STAT. 2027
(4) any action described in subsection (a)(1) that is a system
security action taken by the operator of an Internet site and
is necessarily incident to providing the Internet site services
or to protecting the rights or property of the provider of the
Internet site.
(c) DEFINITIONS.—For the purposes of this section:
(1) The term ‘‘regulatory’’ means agency actions to implement, interpret or enforce authorities provided in law.
(2) The term ‘‘supervisory’’ means examinations of the
agency’s supervised institutions, including assessing safety and
soundness, overall financial condition, management practices
and policies and compliance with applicable standards as provided in law.
SEC. 732. (a) None of the funds appropriated by this Act may
be used to enter into or renew a contract which includes a provision
providing prescription drug coverage, except where the contract
also includes a provision for contraceptive coverage.
(b) Nothing in this section shall apply to a contract with—
(1) any of the following religious plans:
(A) Personal Care’s HMO; and
(B) OSF HealthPlans, Inc.; and
(2) any existing or future plan, if the carrier for the plan
objects to such coverage on the basis of religious beliefs.
(c) In implementing this section, any plan that enters into
or renews a contract under this section may not subject any individual to discrimination on the basis that the individual refuses
to prescribe or otherwise provide for contraceptives because such
activities would be contrary to the individual’s religious beliefs
or moral convictions.
(d) Nothing in this section shall be construed to require coverage of abortion or abortion-related services.
SEC. 733. The Congress of the United States recognizes the
United States Anti-Doping Agency (USADA) as the official antidoping agency for Olympic, Pan American, and Paralympic sport
in the United States.
SEC. 734. Notwithstanding any other provision of law, funds
appropriated for official travel by Federal departments and agencies
may be used by such departments and agencies, if consistent with
Office of Management and Budget Circular A–126 regarding official
travel for Government personnel, to participate in the fractional
aircraft ownership pilot program.
SEC. 735. Notwithstanding any other provision of law, none
of the funds appropriated or made available under this Act or
any other appropriations Act may be used to implement or enforce
restrictions or limitations on the Coast Guard Congressional Fellowship Program, or to implement the proposed regulations of the
Office of Personnel Management to add sections 300.311 through
300.316 to part 300 of title 5 of the Code of Federal Regulations,
published in the Federal Register, volume 68, number 174, on
September 9, 2003 (relating to the detail of executive branch
employees to the legislative branch).
SEC. 736. Notwithstanding any other provision of law, no executive branch agency shall purchase, construct, and/or lease any additional facilities, except within or contiguous to existing locations,
to be used for the purpose of conducting Federal law enforcement
training without the advance approval of the Committees on Appropriations, except that the Federal Law Enforcement Training Center
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Contracts.
Contraceptives.
Abortion.
Sports.
Drugs and drug
abuse.
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is authorized to obtain the temporary use of additional facilities
by lease, contract, or other agreement for training which cannot
be accommodated in existing Center facilities.
SEC. 737. (a) For fiscal year 2008, no funds shall be available
for transfers or reimbursements to the E-Government initiatives
sponsored by the Office of Management and Budget prior to 15
days following submission of a report to the Committees on Appropriations by the Director of the Office of Management and Budget
and receipt of approval to transfer funds by the House and Senate
Committees on Appropriations.
(b) Hereafter, any funding request for a new or ongoing EGovernment initiative by any agency or agencies managing the
development of an initiative shall include in justification materials
submitted to the House and Senate Committees on Appropriations
the information in subsection (d).
(c) Hereafter, any funding request by any agency or agencies
participating in the development of an E-Government initiative
and contributing funding for the initiative shall include in justification materials submitted to the House and Senate Committees
on Appropriations—
(1) the amount of funding contributed to each initiative
by program office, bureau, or activity, as appropriate; and
(2) the relevance of that use to that department or agency
and each bureau or office within, which is contributing funds.
(d) The report in (a) and justification materials in (b) shall
include at a minimum—
(1) a description of each initiative including but not limited
to its objectives, benefits, development status, risks, cost
effectiveness (including estimated net costs or savings to the
government), and the estimated date of full operational capability;
(2) the total development cost of each initiative by fiscal
year including costs to date, the estimated costs to complete
its development to full operational capability, and estimated
annual operations and maintenance costs; and
(3) the sources and distribution of funding by fiscal year
and by agency and bureau for each initiative including agency
contributions to date and estimated future contributions by
agency.
(e) No funds shall be available for obligation or expenditure
for new E-Government initiatives without the explicit approval
of the House and Senate Committees on Appropriations.
SEC. 738. Notwithstanding section 1346 of title 31, United
States Code, and section 710 of this Act and any other provision
of law, the head of each appropriate executive department and
agency shall transfer to or reimburse the Federal Aviation Administration, upon the direction of the Director of the Office of Management and Budget, funds made available by this or any other Act
for the purposes described below, and shall submit budget requests
for such purposes. These funds shall be administered by the Federal
Aviation Administration, in consultation with the appropriate interagency groups designated by the Director and shall be used to
ensure the uninterrupted, continuous operation of the Midway Atoll
Airfield by the Federal Aviation Administration pursuant to an
operational agreement with the Department of the Interior for
the entirety of fiscal year 2008 and any period thereafter that
precedes the enactment of the Financial Services and General
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121 STAT. 2029
Government Appropriations Act, 2009. The Director of the Office
of Management and Budget shall mandate the necessary transfers
after determining an equitable allocation between the appropriate
executive departments and agencies of the responsibility for funding
the continuous operation of the Midway Atoll Airfield based on,
but not limited to, potential use, interest in maintaining aviation
safety, and applicability to governmental operations and agency
mission. The total funds transferred or reimbursed shall not exceed
$6,000,000 for any twelve-month period. Such sums shall be sufficient to ensure continued operation of the airfield throughout the
period cited above. Funds shall be available for operation of the
airfield or airfield-related capital upgrades. The Director of the
Office of Management and Budget shall notify the Committees
on Appropriations of such transfers or reimbursements within 15
days of this Act. Such transfers or reimbursements shall begin
within 30 days of enactment of this Act.
SEC. 739. (a) REQUIREMENT FOR PUBLIC-PRIVATE COMPETITION.—
(1) Notwithstanding any other provision of law, none of
the funds appropriated by this or any other Act shall be available to convert to contractor performance an activity or function
of an executive agency that, on or after the date of enactment
of this Act, is performed by more than 10 Federal employees
unless—
(A) the conversion is based on the result of a publicprivate competition that includes a most efficient and cost
effective organization plan developed by such activity or
function;
(B) the Competitive Sourcing Official determines that,
over all performance periods stated in the solicitation of
offers for performance of the activity or function, the cost
of performance of the activity or function by a contractor
would be less costly to the executive agency by an amount
that equals or exceeds the lesser of—
(i) 10 percent of the most efficient organization’s
personnel-related costs for performance of that activity
or function by Federal employees; or
(ii) $10,000,000; and
(C) the contractor does not receive an advantage for
a proposal that would reduce costs for the Federal Government by—
(i) not making an employer-sponsored health insurance plan available to the workers who are to be
employed in the performance of that activity or function under the contract;
(ii) offering to such workers an employer-sponsored
health benefits plan that requires the employer to contribute less towards the premium or subscription share
than the amount that is paid by the Federal Government for health benefits for civilian employees under
chapter 89 of title 5, United States Code; or
(iii) offering to such workers a retirement benefit
that in any year costs less than the annual retirement
cost factor applicable to Federal employees under
chapter 84 of title 5, United States Code.
(2) This paragraph shall not apply to—
(A) the Department of Defense;
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31 USC 501 note.
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(B) section 44920 of title 49, United States Code;
(C) a commercial or industrial type function that—
(i) is included on the procurement list established
pursuant to section 2 of the Javits-Wagner-O’Day Act
(41 U.S.C. 47); or
(ii) is planned to be converted to performance by
a qualified nonprofit agency for the blind or by a qualified nonprofit agency for other severely handicapped
individuals in accordance with that Act;
(D) depot contracts or contracts for depot maintenance
as provided in sections 2469 and 2474 of title 10, United
States Code; or
(E) activities that are the subject of an ongoing competition that was publicly announced prior to the date
of enactment of this Act.
(b) USE OF PUBLIC-PRIVATE COMPETITION.—Nothing in Office
of Management and Budget Circular A–76 shall prevent the head
of an executive agency from conducting a public-private competition
to evaluate the benefits of converting work from contract performance to performance by Federal employees in appropriate instances.
The Circular shall provide procedures and policies for these competitions that are similar to those applied to competitions that may
result in the conversion of work from performance by Federal
employees to performance by a contractor.
(c) BID PROTESTS BY FEDERAL EMPLOYEES IN ACTIONS UNDER
OFFICE OF MANAGEMENT AND BUDGET CIRCULAR A–76.—
(1) ELIGIBILITY TO PROTEST.—
(A) Section 3551(2) of title 31, United States Code,
is amended to read as follows:
‘‘(2) The term ‘interested party’—
‘‘(A) with respect to a contract or a solicitation or
other request for offers described in paragraph (1), means
an actual or prospective bidder or offeror whose direct
economic interest would be affected by the award of the
contract or by failure to award the contract; and
‘‘(B) with respect to a public-private competition conducted under Office of Management and Budget Circular
A–76 regarding performance of an activity or function of
a Federal agency, or a decision to convert a function performed by Federal employees to private sector performance
without a competition under OMB Circular A–76,
includes—
‘‘(i) any official who submitted the agency tender
in such competition; and
‘‘(ii) any one person who, for the purpose of representing them in a protest under this subchapter that
relates to such competition, has been designated as
their agent by a majority of the employees of such
Federal agency who are engaged in the performance
of such activity or function.’’.
(B)(i) Subchapter V of chapter 35 of such title is
amended by adding at the end the following new section:
‘‘§ 3557. Expedited action in protests for public-private competitions
‘‘For protests in cases of public-private competitions conducted
under Office of Management and Budget Circular A–76 regarding
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121 STAT. 2031
performance of an activity or function of Federal agencies, the
Comptroller General shall administer the provisions of this subchapter in a manner best suited for expediting final resolution
of such protests and final action in such competitions.’’.
(ii) The chapter analysis at the beginning of such
chapter is amended by inserting after the item relating
to section 3556 the following new item:
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‘‘3557. Expedited action in protests for public-private competitions’’.
(2) RIGHT TO INTERVENE IN CIVIL ACTION.—Section 1491(b)
of title 28, United States Code, is amended by adding at the
end the following new paragraph:
‘‘(5) If a private sector interested party commences an action
described in paragraph (1) in the case of a public-private competition
conducted under Office of Management and Budget Circular A–
76 regarding performance of an activity or function of a Federal
agency, or a decision to convert a function performed by Federal
employees to private sector performance without a competition
under Office of Management and Budget Circular A–76, then an
official or person described in section 3551(2)(B) of title 31 shall
be entitled to intervene in that action.’’.
(3) APPLICABILITY.—Subparagraph (B) of section 3551(2)
of title 31, United States Code (as added by paragraph (1)),
and paragraph (5) of section 1491(b) of title 28, United States
Code (as added by paragraph (2)), shall apply to—
(A) protests and civil actions that challenge final selections of sources of performance of an activity or function
of a Federal agency that are made pursuant to studies
initiated under Office of Management and Budget Circular
A–76 on or after January 1, 2004; and
(B) any other protests and civil actions that relate
to public-private competitions initiated under Office of
Management and Budget Circular A–76, or a decision to
convert a function performed by Federal employees to private sector performance without a competition under Office
of Management and Budget Circular A–76, on or after
the date of the enactment of this Act.
(d) LIMITATION.—(1) None of the funds available in this Act
may be used—
(A) by the Office of Management and Budget to direct
or require another agency to take an action specified in paragraph (2); or
(B) by an agency to take an action specified in paragraph
(2) as a result of direction or requirement from the Office
of Management and Budget.
(2) An action specified in this paragraph is the preparation
for, undertaking, continuation of, or completion of a public-private
competition or direct conversion under Office of Management and
Budget Circular A–76 or any other administrative regulation, directive, or policy.
(e) APPLICABILITY.—This section shall apply with respect to
fiscal year 2008 and each succeeding fiscal year.
SEC. 740. (a) The adjustment in rates of basic pay for employees
under the statutory pay systems that takes effect in fiscal year
2008 under sections 5303 and 5304 of title 5, United States Code,
shall be an increase of 3.5 percent, and this adjustment shall
apply to civilian employees in the Department of Homeland Security
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Applicability.
Effective date.
5 USC 5303 note.
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and shall apply to civilian employees in the Department of Defense
who are represented by a labor organization as defined in 5 U.S.C.
7103(a)(4), and such adjustments shall be effective as of the first
day of the first applicable pay period beginning on or after January
1, 2008. Civilian employees in the Department of Defense who
are eligible to be represented by a labor organization as defined
in 5 U.S.C. 7103(a)(4), but are not so represented, will receive
the adjustment provided for in this section unless the positions
are entitled to a pay adjustment under 5 U.S.C. 9902.
(b) Notwithstanding section 712 of this Act, the adjustment
in rates of basic pay for the statutory pay systems that take place
in fiscal year 2008 under sections 5344 and 5348 of title 5, United
States Code, shall be no less than the percentage in paragraph
(a) as employees in the same location whose rates of basic pay
are adjusted pursuant to the statutory pay systems under section
5303 and 5304 of title 5, United States Code. Prevailing rate
employees at locations where there are no employees whose pay
is increased pursuant to sections 5303 and 5304 of title 5 and
prevailing rate employees described in section 5343(a)(5) of title
5 shall be considered to be located in the pay locality designated
as ‘‘Rest of US’’ pursuant to section 5304 of title 5 for purposes
of this paragraph.
(c) Funds used to carry out this section shall be paid from
appropriations, which are made to each applicable department or
agency for salaries and expenses for fiscal year 2008.
SEC. 741. Unless otherwise authorized by existing law, none
of the funds provided in this Act or any other Act may be used
by an executive branch agency to produce any prepackaged news
story intended for broadcast or distribution in the United States,
unless the story includes a clear notification within the text or
audio of the prepackaged news story that the prepackaged news
story was prepared or funded by that executive branch agency.
SEC. 742. (a) None of the funds made available in this Act
may be used in contravention of section 552a of title 5, United
States Code (popularly known as the Privacy Act) and regulations
implementing that section.
(b) Section 522 of division H of the Consolidated Appropriations
Act, 2005 (Public Law 108–447; 118 Stat. 3268; 5 U.S.C. 552a
note) is amended by striking subsection (d) and inserting the following:
‘‘(d) INSPECTOR GENERAL REVIEW.—The Inspector General of
each agency shall periodically conduct a review of the agency’s
implementation of this section and shall report the results of its
review to the Committees on Appropriations of the House of Representatives and the Senate, the House Committee on Oversight
and Government Reform, and the Senate Committee on Homeland
Security and Governmental Affairs. The report required by this
review may be incorporated into a related report to Congress otherwise required by law including, but not limited to, 44 U.S.C. 3545,
the Federal Information Security Management Act of 2002. The
Inspector General may contract with an independent, third party
organization to conduct the review.’’.
SEC. 743. Each executive department and agency shall evaluate
the creditworthiness of an individual before issuing the individual
a government travel charge card. Such evaluations for individuallybilled travel charge cards shall include an assessment of the individual’s consumer report from a consumer reporting agency as those
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121 STAT. 2033
terms are defined in section 603 of the Fair Credit Reporting
Act (Public Law 91–508): Provided, That section 604(a)(3) of such
Act shall be amended by adding to the end the following:
‘‘(G) executive departments and agencies in connection
with the issuance of government-sponsored individuallybilled travel charge cards.’’:
Provided further, That the department or agency may not issue
a government travel charge card to an individual that either lacks
a credit history or is found to have an unsatisfactory credit history
as a result of this evaluation: Provided further, That this restriction
shall not preclude issuance of a restricted-use charge, debit, or
stored value card made in accordance with agency procedures to:
(1) an individual with an unsatisfactory credit history where such
card is used to pay travel expenses and the agency determines
there is no suitable alternative payment mechanism available before
issuing the card; or (2) an individual who lacks a credit history.
Each executive department and agency shall establish guidelines
and procedures for disciplinary actions to be taken against agency
personnel for improper, fraudulent, or abusive use of government
charge cards, which shall include appropriate disciplinary actions
for use of charge cards for purposes, and at establishments, that
are inconsistent with the official business of the Department or
agency or with applicable standards of conduct.
SEC. 744. CROSSCUT BUDGET. (a) DEFINITIONS.—For purposes
of this section the following definitions apply:
(1) GREAT LAKES.—The terms ‘‘Great Lakes’’ and ‘‘Great
Lakes State’’ have the same meanings as such terms have
in section 506 of the Water Resources Development Act of
2000 (42 U.S.C. 1962d–22).
(2) GREAT LAKES RESTORATION ACTIVITIES.—The term
‘‘Great Lakes restoration activities’’ means any Federal or State
activity primarily or entirely within the Great Lakes watershed
that seeks to improve the overall health of the Great Lakes
ecosystem.
(b) REPORT.—Not later than 30 days after submission of the
budget of the President to Congress, the Director of the Office
of Management and Budget, in coordination with the Governor
of each Great Lakes State and the Great Lakes Interagency Task
Force, shall submit to the appropriate authorizing and appropriating committees of the Senate and the House of Representatives
a financial report, certified by the Secretary of each agency that
has budget authority for Great Lakes restoration activities, containing—
(1) an interagency budget crosscut report that—
(A) displays the budget proposed, including any
planned interagency or intra-agency transfer, for each of
the Federal agencies that carries out Great Lakes restoration activities in the upcoming fiscal year, separately
reporting the amount of funding to be provided under
existing laws pertaining to the Great Lakes ecosystem;
and
(B) identifies all expenditures since fiscal year 2004
by the Federal Government and State governments for
Great Lakes restoration activities;
(2) a detailed accounting of all funds received and obligated
by all Federal agencies and, to the extent available, State
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agencies using Federal funds, for Great Lakes restoration activities during the current and previous fiscal years;
(3) a budget for the proposed projects (including a description of the project, authorization level, and project status) to
be carried out in the upcoming fiscal year with the Federal
portion of funds for activities; and
(4) a listing of all projects to be undertaken in the upcoming
fiscal year with the Federal portion of funds for activities.
SEC. 745. (a) IN GENERAL.—None of the funds appropriated
or otherwise made available by this or any other Act may be
used for any Federal Government contract with any foreign incorporated entity which is treated as an inverted domestic corporation
under section 835(b) of the Homeland Security Act of 2002 (6
U.S.C. 395(b)) or any subsidiary of such an entity.
(b) WAIVERS.—
(1) IN GENERAL.—Any Secretary shall waive subsection (a)
with respect to any Federal Government contract under the
authority of such Secretary if the Secretary determines that
the waiver is required in the interest of national security.
(2) REPORT TO CONGRESS.—Any Secretary issuing a waiver
under paragraph (1) shall report such issuance to Congress.
(c) EXCEPTION.—This section shall not apply to any Federal
Government contract entered into before the date of the enactment
of this Act, or to any task order issued pursuant to such contract.
SEC. 746. (a) Each executive department and agency shall establish and maintain on the homepage of its website, an obvious,
direct link to the website of its respective Inspector General.
(b) Each Office of Inspector General shall: (1) post on its website
any public report or audit or portion of any report or audit issued
within one day of its release; (2) provide a service on its website
to allow an individual to request automatic receipt of information
relating to any public report or audit or portion of that report
or audit and which permits electronic transmittal of the information,
or notice of the availability of the information without further
request; and (3) establish and maintain a direct link on its website
for individuals to anonymously report waste, fraud and abuse.
SEC. 747. (a) None of the funds available under this or any
other Act may be used to carry out a public-private competition
or direct conversion under Office of Management and Budget (OMB)
Circular A–76, or any successor regulation, directive or policy,
relating to the Human Resources Lines of Business initiative until
60 days after the Director of the Office of Management and Budget
submits to the Committees on Appropriations of the House of Representatives and the Senate a report on the use of public-private
competitions and direct conversion to contractor performance as
part of the Human Resources Lines of Business initiative.
(b) The report required by this section shall address the following:
(1) The role, if any, that public-private competitions under
Circular A–76 or direct conversions to contractor performance
are expected to play as part of the Human Resources Lines
of Business initiative.
(2) The expected impact, if any, of the initiative on employment levels at the Federal agencies involved or across the
Federal Government as a whole.
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121 STAT. 2035
(3) An estimate of the annual and recurring savings the
initiative is expected to generate and a description of the methodology used to derive that estimate.
(4) An estimate of the total transition costs attributable
to the initiative.
(5) Guidance for use by agencies in evaluating the benefits
of the initiative and in developing alternative strategies should
expected benefits fail to materialize.
(c) The Director of the Office of Management and Budget shall
provide a copy of the report to the Government Accountability
Office at the same time the report is submitted to the Committees
on Appropriations of the House of Representatives and the Senate.
The Government Accountability Office shall review the report and
brief the Committees on its views concerning the report within
45 days after receiving the report from the Director.
SEC. 748. No later than 180 days after enactment of this
Act, the Office of Management and Budget shall establish a pilot
program to develop and implement an inventory to track the cost
and size (in contractor manpower equivalents) of service contracts,
particularly with respect to contracts that have been performed
poorly by a contractor because of excessive costs or inferior quality,
as determined by a contracting officer within the last five years,
involve inherently governmental functions, or were undertaken
without competition. The pilot program shall be established in
at least three Cabinet-level departments, based on varying levels
of annual contracting for services, as reported by the Federal
Procurement Data System’s Federal Procurement Report for fiscal
year 2005, including at least one Cabinet-level department that
contracts out annually for $10,000,000,000 or more in services,
at least one Cabinet-level department that contracts out annually
for between $5,000,000,000 and $9,000,000,000 in services, and
at least one Cabinet-level department that contracts out annually
for under $5,000,000,000 in services.
SEC. 749. Except as expressly provided otherwise, any reference
to ‘‘this Act’’ contained in any title other than title IV or VIII
shall not apply to such title IV or VIII.
Records.
Deadline.
Deadline.
Records.
41 USC 405 note.
28 USC 461 note.
TITLE VIII
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GENERAL PROVISIONS—DISTRICT OF COLUMBIA
SEC. 801. Whenever in this Act, an amount is specified within
an appropriation for particular purposes or objects of expenditure,
such amount, unless otherwise specified, shall be considered as
the maximum amount that may be expended for said purpose
or object rather than an amount set apart exclusively therefor.
SEC. 802. Appropriations in this Act shall be available for
expenses of travel and for the payment of dues of organizations
concerned with the work of the District of Columbia government,
when authorized by the Mayor, or, in the case of the Council
of the District of Columbia, funds may be expended with the
authorization of the Chairman of the Council.
SEC. 803. There are appropriated from the applicable funds
of the District of Columbia such sums as may be necessary for
making refunds and for the payment of legal settlements or judgments that have been entered against the District of Columbia
government.
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Notice.
Deadlines.
Reports.
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PUBLIC LAW 110–161—DEC. 26, 2007
SEC. 804. (a) None of the Federal funds provided in this Act
shall be used for publicity or propaganda purposes or implementation of any policy including boycott designed to support or defeat
legislation pending before Congress or any State legislature.
(b) The District of Columbia may use local funds provided
in this title to carry out lobbying activities on any matter.
SEC. 805. (a) None of the funds provided under this Act to
the agencies funded by this Act, both Federal and District government agencies, that remain available for obligation or expenditure
in fiscal year 2008, or provided from any accounts in the Treasury
of the United States derived by the collection of fees available
to the agencies funded by this Act, shall be available for obligation
or expenditures for an agency through a reprogramming of funds
which—
(1) creates new programs;
(2) eliminates a program, project, or responsibility center;
(3) establishes or changes allocations specifically denied,
limited or increased under this Act;
(4) increases funds or personnel by any means for any
program, project, or responsibility center for which funds have
been denied or restricted;
(5) reestablishes any program or project previously deferred
through reprogramming;
(6) augments any existing program, project, or responsibility center through a reprogramming of funds in excess of
$3,000,000 or 10 percent, whichever is less; or
(7) increases by 20 percent or more personnel assigned
to a specific program, project or responsibility center,
unless in the case of Federal funds, the Committees on Appropriations of the House of Representatives and Senate are notified in
writing 15 days in advance of the reprogramming and in the case
of local funds, the Committees on Appropriations of the House
of Representatives and Senate are provided summary reports on
April 1, 2008 and October 1, 2008, setting forth detailed information
regarding each such local funds reprogramming conducted subject
to this subsection.
(b) None of the local funds contained in this Act may be available for obligation or expenditure for an agency through a transfer
of any local funds in excess of $3,000,000 from one appropriation
heading to another unless the Committees on Appropriations of
the House of Representatives and Senate are provided summary
reports on April 1, 2008 and October 1, 2008, setting forth detailed
information regarding each reprogramming conducted subject to
this subsection, except that in no event may the amount of any
funds transferred exceed 4 percent of the local funds in the appropriations.
(c) The District of Columbia Government is authorized to
approve and execute reprogramming and transfer requests of local
funds under this title through December 1, 2008.
SEC. 806. Consistent with the provisions of section 1301(a)
of title 31, United States Code, appropriations under this Act shall
be applied only to the objects for which the appropriations were
made except as otherwise provided by law.
SEC. 807. Notwithstanding section 8344(a) of title 5, United
States Code, the amendment made by section 2 of the District
Government Reemployed Annuitant Offset Elimination Amendment
Act of 2004 (D.C. Law 15–207) shall apply with respect to any
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PUBLIC LAW 110–161—DEC. 26, 2007
121 STAT. 2037
individual employed in an appointive or elective position with the
District of Columbia government after December 7, 2004.
SEC. 808. No later than 30 days after the end of the first
quarter of fiscal year 2008, the Mayor of the District of Columbia
shall submit to the Council of the District of Columbia and the
Committees on Appropriations of the House of Representatives and
Senate the new fiscal year 2008 revenue estimates as of the end
of such quarter. These estimates shall be used in the budget request
for fiscal year 2009. The officially revised estimates at midyear
shall be used for the midyear report.
SEC. 809. None of the Federal funds provided in this Act may
be used by the District of Columbia to provide for salaries, expenses,
or other costs associated with the offices of United States Senator
or United States Representative under section 4(d) of the District
of Columbia Statehood Constitutional Convention Initiatives of 1979
(D.C. Law 3–171; D.C. Official Code, sec. 1–123).
SEC. 810. None of the Federal funds made available in this
Act may be used to implement or enforce the Health Care Benefits
Expansion Act of 1992 (D.C. Law 9–114; D.C. Official Code, sec.
32–701 et seq.) or to otherwise implement or enforce any system
of registration of unmarried, cohabiting couples, including but not
limited to registration for the purpose of extending employment,
health, or governmental benefits to such couples on the same basis
that such benefits are extended to legally married couples.
SEC. 811. (a) Notwithstanding any other provision of this Act,
the Mayor, in consultation with the Chief Financial Officer of the
District of Columbia may accept, obligate, and expend Federal,
private, and other grants received by the District government that
are not reflected in the amounts appropriated in this Act.
(b)(1) No such Federal, private, or other grant may be obligated,
or expended pursuant to subsection (a) until—
(A) the Chief Financial Officer of the District of Columbia
submits to the Council a report setting forth detailed information regarding such grant; and
(B) the Council has reviewed and approved the obligation,
and expenditure of such grant.
(2) For purposes of paragraph (1)(B), the Council shall be
deemed to have reviewed and approved the obligation, and expenditure of a grant if—
(A) no written notice of disapproval is filed with the Secretary of the Council within 14 calendar days of the receipt
of the report from the Chief Financial Officer under paragraph
(1)(A); or
(B) if such a notice of disapproval is filed within such
deadline, the Council does not by resolution disapprove the
obligation, or expenditure of the grant within 30 calendar days
of the initial receipt of the report from the Chief Financial
Officer under paragraph (1)(A).
(c) No amount may be obligated or expended from the general
fund or other funds of the District of Columbia government in
anticipation of the approval or receipt of a grant under subsection
(b)(2) or in anticipation of the approval or receipt of a Federal,
private, or other grant not subject to such subsection.
(d) The Chief Financial Officer of the District of Columbia
may adjust the budget for Federal, private, and other grants
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Deadline.
Cohabiting
couples.
Reports.
Notice.
Deadlines.
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Reports.
Deadlines.
Deadline.
Records.
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Needle
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PUBLIC LAW 110–161—DEC. 26, 2007
received by the District government reflected in the amounts appropriated in this title, or approved and received under subsection
(b)(2) to reflect a change in the actual amount of the grant.
(e) The Chief Financial Officer of the District of Columbia
shall prepare a quarterly report setting forth detailed information
regarding all Federal, private, and other grants subject to this
section. Each such report shall be submitted to the Council of
the District of Columbia and to the Committees on Appropriations
of the House of Representatives and Senate not later than 15
days after the end of the quarter covered by the report.
SEC. 812. (a) Except as otherwise provided in this section,
none of the funds made available by this Act or by any other
Act may be used to provide any officer or employee of the District
of Columbia with an official vehicle unless the officer or employee
uses the vehicle only in the performance of the officer’s or employee’s
official duties. For purposes of this paragraph, the term ‘‘official
duties’’ does not include travel between the officer’s or employee’s
residence and workplace, except in the case of—
(1) an officer or employee of the Metropolitan Police Department who resides in the District of Columbia or is otherwise
designated by the Chief of the Department;
(2) at the discretion of the Fire Chief, an officer or employee
of the District of Columbia Fire and Emergency Medical Services Department who resides in the District of Columbia and
is on call 24 hours a day or is otherwise designated by the
Fire Chief;
(3) at the discretion of the Director of the Department
of Corrections, an officer or employee of the District of Columbia
Department of Corrections who resides in the District of
Columbia and is on call 24 hours a day or is otherwise designated by the Director;
(4) the Mayor of the District of Columbia; and
(5) the Chairman of the Council of the District of Columbia.
(b) The Chief Financial Officer of the District of Columbia
shall submit by March 1, 2008, an inventory, as of September
30, 2007, of all vehicles owned, leased or operated by the District
of Columbia government. The inventory shall include, but not be
limited to, the department to which the vehicle is assigned; the
year and make of the vehicle; the acquisition date and cost; the
general condition of the vehicle; annual operating and maintenance
costs; current mileage; and whether the vehicle is allowed to be
taken home by a District officer or employee and if so, the officer
or employee’s title and resident location.
SEC. 813. (a) None of the Federal funds contained in this
Act may be used by the District of Columbia Corporation Counsel
or any other officer or entity of the District government to provide
assistance for any petition drive or civil action which seeks to
require Congress to provide for voting representation in Congress
for the District of Columbia.
(b) Nothing in this section bars the District of Columbia Corporation Counsel from reviewing or commenting on briefs in private
lawsuits, or from consulting with officials of the District government
regarding such lawsuits.
SEC. 814. None of the Federal funds contained in this Act
may be used for any program of distributing sterile needles or
syringes for the hypodermic injection of any illegal drug.
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PUBLIC LAW 110–161—DEC. 26, 2007
121 STAT. 2039
SEC. 815. None of the funds contained in this Act may be
used after the expiration of the 60-day period that begins on the
date of the enactment of this Act to pay the salary of any chief
financial officer of any office of the District of Columbia government
(including any independent agency of the District of Columbia)
who has not filed a certification with the Mayor and the Chief
Financial Officer of the District of Columbia that the officer understands the duties and restrictions applicable to the officer and
the officer’s agency as a result of this Act (and the amendments
made by this Act), including any duty to prepare a report requested
either in the Act or in any of the reports accompanying the Act
and the deadline by which each report must be submitted: Provided,
That the Chief Financial Officer of the District of Columbia shall
provide to the Committees on Appropriations of the House of Representatives and Senate by April 1, 2008 and October 1, 2008,
a summary list showing each report, the due date, and the date
submitted to the Committees.
SEC. 816. Nothing in this Act may be construed to prevent
the Council or Mayor of the District of Columbia from addressing
the issue of the provision of contraceptive coverage by health insurance plans, but it is the intent of Congress that any legislation
enacted on such issue should include a ‘‘conscience clause’’ which
provides exceptions for religious beliefs and moral convictions.
SEC. 817. The Mayor of the District of Columbia shall submit
to the Committees on Appropriations of the House of Representatives and Senate, the Committee on Oversight and Government
Reform of the House of Representatives, and the Committee on
Homeland Security and Governmental Affairs of the Senate annual
reports addressing—
(1) crime, including the homicide rate, implementation of
community policing, the number of police officers on local beats,
and the closing down of open-air drug markets;
(2) access to substance and alcohol abuse treatment,
including the number of treatment slots, the number of people
served, the number of people on waiting lists, and the effectiveness of treatment programs;
(3) management of parolees and pre-trial violent offenders,
including the number of halfway houses escapes and steps
taken to improve monitoring and supervision of halfway house
residents to reduce the number of escapes to be provided in
consultation with the Court Services and Offender Supervision
Agency for the District of Columbia;
(4) education, including access to special education services
and student achievement to be provided in consultation with
the District of Columbia Public Schools and the District of
Columbia public charter schools;
(5) improvement in basic District services, including rat
control and abatement;
(6) application for and management of Federal grants,
including the number and type of grants for which the District
was eligible but failed to apply and the number and type
of grants awarded to the District but for which the District
failed to spend the amounts received; and
(7) indicators of child well-being.
SEC. 818. (a) No later than 30 calendar days after the date
of the enactment of this Act, the Chief Financial Officer of the
District of Columbia shall submit to the appropriate committees
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Effective date.
Deadlines.
Records.
Contraceptives.
Reports.
Deadline.
Budget.
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121 STAT. 2040
Applicability.
Certification.
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Deadline.
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PUBLIC LAW 110–161—DEC. 26, 2007
of Congress, the Mayor, and the Council of the District of Columbia
a revised appropriated funds operating budget in the format of
the budget that the District of Columbia government submitted
pursuant to section 442 of the District of Columbia Home Rule
Act (D.C. Official Code, sec. 1–204.42), for all agencies of the District
of Columbia government for fiscal year 2008 that is in the total
amount of the approved appropriation and that realigns all budgeted data for personal services and other-than-personal-services,
respectively, with anticipated actual expenditures.
(b) This section shall apply only to an agency where the Chief
Financial Officer of the District of Columbia certifies that a reallocation is required to address unanticipated changes in program
requirements.
SEC. 819. (a) None of the funds contained in this Act may
be made available to pay—
(1) the fees of an attorney who represents a party in
an action or an attorney who defends an action brought against
the District of Columbia Public Schools under the Individuals
with Disabilities Education Act (20 U.S.C. 1400 et seq.) in
excess of $4,000 for that action; or
(2) the fees of an attorney or firm whom the Chief Financial
Officer of the District of Columbia determines to have a pecuniary interest, either through an attorney, officer, or employee
of the firm, in any special education diagnostic services, schools,
or other special education service providers.
(b) In this section, the term ‘‘action’’ includes an administrative
proceeding and any ensuing or related proceedings before a court
of competent jurisdiction.
SEC. 820. The amount appropriated by this title may be
increased by no more than $100,000,000 from funds identified in
the comprehensive annual financial report as the District’s fiscal
year 2007 unexpended general fund surplus. The District may obligate and expend these amounts only in accordance with the following conditions:
(1) The Chief Financial Officer of the District of Columbia
shall certify that the use of any such amounts is not anticipated
to have a negative impact on the District’s long-term financial,
fiscal, and economic vitality.
(2) The District of Columbia may only use these funds
for the following expenditures:
(A) One-time expenditures.
(B) Expenditures to avoid deficit spending.
(C) Debt Reduction.
(D) Program needs.
(E) Expenditures to avoid revenue shortfalls.
(3) The amounts shall be obligated and expended in accordance with laws enacted by the Council in support of each
such obligation or expenditure.
(4) The amounts may not be used to fund the agencies
of the District of Columbia government under court ordered
receivership.
(5) The amounts may not be obligated or expended unless
the Mayor notifies the Committees on Appropriations of the
House of Representatives and Senate not fewer than 30 days
in advance of the obligation or expenditure.
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PUBLIC LAW 110–161—DEC. 26, 2007
121 STAT. 2041
SEC. 821. (a) To account for an unanticipated growth of revenue
collections, the amount appropriated as District of Columbia Funds
pursuant to this Act may be increased—
(1) by an aggregate amount of not more than 25 percent,
in the case of amounts proposed to be allocated as ‘‘OtherType Funds’’ in the Fiscal Year 2008 Proposed Budget and
Financial Plan submitted to Congress by the District of
Columbia; and
(2) by an aggregate amount of not more than 6 percent,
in the case of any other amounts proposed to be allocated
in such Proposed Budget and Financial Plan.
(b) The District of Columbia may obligate and expend any
increase in the amount of funds authorized under this section
only in accordance with the following conditions:
(1) The Chief Financial Officer of the District of Columbia
shall certify—
(A) the increase in revenue; and
(B) that the use of the amounts is not anticipated
to have a negative impact on the long-term financial, fiscal,
or economic health of the District.
(2) The amounts shall be obligated and expended in accordance with laws enacted by the Council of the District of
Columbia in support of each such obligation and expenditure,
consistent with the requirements of this Act.
(3) The amounts may not be used to fund any agencies
of the District government operating under court-ordered
receivership.
(4) The amounts may not be obligated or expended unless
the Mayor has notified the Committees on Appropriations of
the House of Representatives and Senate not fewer than 30
days in advance of the obligation or expenditure.
SEC. 822. The Chief Financial Officer for the District of
Columbia may, for the purpose of cash flow management, conduct
short-term borrowing from the emergency reserve fund and from
the contingency reserve fund established under section 450A of
the District of Columbia Home Rule Act (Public Law 98–198):
Provided, That the amount borrowed shall not exceed 50 percent
of the total amount of funds contained in both the emergency
and contingency reserve funds at the time of borrowing: Provided
further, That the borrowing shall not deplete either fund by more
than 50 percent: Provided further, That 100 percent of the funds
borrowed shall be replenished within 9 months of the time of
the borrowing or by the end of the fiscal year, whichever occurs
earlier: Provided further, That in the event that short-term borrowing has been conducted and the emergency or the contingency
funds are later depleted below 50 percent as a result of an emergency or contingency, an amount equal to the amount necessary
to restore reserve levels to 50 percent of the total amount of funds
contained in both the emergency and contingency reserve fund
must be replenished from the amount borrowed within 60 days.
SEC. 823. (a) None of the funds contained in this Act may
be used to enact or carry out any law, rule, or regulation to legalize
or otherwise reduce penalties associated with the possession, use,
or distribution of any schedule I substance under the Controlled
Substances Act (21 U.S.C. 801 et seq.) or any tetrahydrocannabinols
derivative.
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Certification.
Notification.
Deadline.
Contingency
funds.
Drugs and drug
abuse.
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Abortion.
Incorporation by
reference.
PUBLIC LAW 110–161—DEC. 26, 2007
(b) The Legalization of Marijuana for Medical Treatment Initiative of 1998, also known as Initiative 59, approved by the electors
of the District of Columbia on November 3, 1998, shall not take
effect.
SEC. 824. None of the funds appropriated under this Act shall
be expended for any abortion except where the life of the mother
would be endangered if the fetus were carried to term or where
the pregnancy is the result of an act of rape or incest.
SEC. 825. (a) DIRECT APPROPRIATION.—Section 307(a) of the
District of Columbia Court Reform and Criminal Procedure Act
of 1970 (sec. 2–1607(a), D.C. Official Code) is amended by striking
the first 2 sentences and inserting the following: ‘‘There are authorized to be appropriated to the Service in each fiscal year such
funds as may be necessary to carry out this chapter.’’.
(b) CONFORMING AMENDMENT.—Section 11233 of the Balanced
Budget Act of 1997 (sec. 24–133, D.C. Official Code) is amended
by striking subsection (f).
(e) EFFECTIVE DATE.—The amendments made by this section
shall apply with respect to fiscal year 2008 and each succeeding
fiscal year.
SEC. 826. Amounts appropriated in this Act as operating funds
may be transferred to the District of Columbia’s enterprise and
capital funds and such amounts, once transferred shall retain appropriation authority consistent with the provisions of this Act.
SEC. 827. In fiscal year 2008 and thereafter, amounts deposited
in the Student Enrollment Fund shall be available for expenditure
upon deposit and shall remain available until expended consistent
with the terms detailed in ‘‘The Student Funding Formula Assessment, Educational Data Warehouse, and Enrollment Fund
Establishment Amendment Act of 2007’’ (title IV–D of D.C. Law
L17–0020) and the entire provisions of that Act are incorporated
herein by reference.
SEC. 828. Except as expressly provided otherwise, any reference
to ‘‘this Act’’ contained in this title or in title IV shall be treated
as referring only to the provisions of this title or of title IV.
This division may be cited as the ‘‘Financial Services and General Government Appropriations Act, 2008’’.
DIVISION E—DEPARTMENT OF HOMELAND SECURITY
APPROPRIATIONS ACT, 2008
Department of
Homeland
Security
Appropriations
Act, 2008.
TITLE I
DEPARTMENT OF HOMELAND SECURITY
DEPARTMENTAL MANAGEMENT AND OPERATIONS
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OFFICE
Certification.
Reports.
Records.
Deadline.
VerDate Aug 31 2005
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OF THE
SECRETARY
AND
EXECUTIVE MANAGEMENT
For necessary expenses of the Office of the Secretary of Homeland Security, as authorized by section 102 of the Homeland Security Act of 2002 (6 U.S.C. 112), and executive management of
the Department of Homeland Security, as authorized by law,
$97,353,000: Provided, That not to exceed $40,000 shall be for
official reception and representation expenses: Provided further,
That $15,000,000 shall not be available for obligation until the
Secretary (1) certifies and reports to the Committees on Appropriations of the Senate and the House of Representatives that the
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PUBLIC LAW 110–161—DEC. 26, 2007
121 STAT. 2043
Department has revised Departmental guidance with respect to
relations with the Government Accountability Office to specifically
provide for: (a) expedited timeframes for providing the Government
Accountability Office with access to records within 20 days from
the date of request; (b) expedited timeframes for interviews of
program officials by the Government Accountability Office after
reasonable notice has been furnished to the Department by the
Government Accountability Office; and (c) a significant streamlining
of the review process for documents and interview requests by
liaisons, counsel, and program officials, consistent with the objective
that the Government Accountability Office be given timely and
complete access to documents and agency officials; and (2) defines
in a memorandum to all Department employees the roles and
responsibilities of the Department of Homeland Security Inspector
General: Provided further, That the Secretary shall make the revisions to Departmental guidance with respect to relations with the
Government Accountability Office in consultation with the Comptroller General of the United States and issue departmental guidance with respect to relations with the Department of Homeland
Security Inspector General in consultation with the Inspector General: Provided further, That not more than 75 percent of the funds
provided under this heading shall be obligated prior to the submission of the first quarterly report on progress to improve and modernize efforts to remove criminal aliens judged deportable from
the United States.
OFFICE
OF THE
UNDER SECRETARY
FOR
MANAGEMENT
For necessary expenses of the Office of the Under Secretary
for Management, as authorized by sections 701 through 705 of
the Homeland Security Act of 2002 (6 U.S.C. 341 through 345),
$150,238,000, of which not to exceed $3,000 shall be for official
reception and representation expenses: Provided, That of the total
amount, $6,000,000 shall remain available until expended solely
for the alteration and improvement of facilities, tenant improvements, and relocation costs to consolidate Department headquarters
operations.
OFFICE
OF THE
CHIEF FINANCIAL OFFICER
For necessary expenses of the Office of the Chief Financial
Officer, as authorized by section 103 of the Homeland Security
Act of 2002 (6 U.S.C. 113), $31,300,000.
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OFFICE
OF THE
CHIEF INFORMATION OFFICER
For necessary expenses of the Office of the Chief Information
Officer, as authorized by section 103 of the Homeland Security
Act of 2002 (6 U.S.C. 113), and Department-wide technology investments, $295,200,000; of which $81,000,000 shall be available for
salaries and expenses; and of which $214,200,000, to remain available until expended, shall be available for development and acquisition of information technology equipment, software, services, and
related activities for the Department of Homeland Security, of which
not less than $36,800,000 shall be available, as requested in the
President’s Fiscal Year 2008 Budget, for Department of Homeland
Security data center development and an additional $35,500,000
shall be available for further construction of the National Center
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121 STAT. 2044
Deadline.
Expenditure
plan.
PUBLIC LAW 110–161—DEC. 26, 2007
for Critical Information Processing and Storage: Provided, That
none of the funds appropriated shall be used to support or supplement the appropriations provided for the United States Visitor
and Immigrant Status Indicator Technology project or the Automated Commercial Environment: Provided further, That the Chief
Information Officer shall submit to the Committees on Appropriations of the Senate and the House of Representatives, not more
than 60 days after the date of enactment of this Act, an expenditure
plan for all information technology acquisition projects that: (1)
are funded under this heading; or (2) are funded by multiple components of the Department of Homeland Security through reimbursable agreements: Provided further, That such expenditure plan
shall include each specific project funded, key milestones, all
funding sources for each project, details of annual and lifecycle
costs, and projected cost savings or cost avoidance to be achieved
by the project.
ANALYSIS
(INCLUDING
AND
OPERATIONS
RESCISSION OF FUNDS)
For necessary expenses for information analysis and operations
coordination activities, as authorized by title II of the Homeland
Security Act of 2002 (6 U.S.C. 121 et seq.), $306,000,000, to remain
available until September 30, 2009, of which not to exceed $5,000
shall be for official reception and representation expenses: Provided,
That of the amounts made available under this heading in Public
Law 109–295, $8,700,000 are rescinded.
OFFICE
OF THE
FEDERAL COORDINATOR
REBUILDING
FOR
GULF COAST
For necessary expenses of the Office of the Federal Coordinator
for Gulf Coast Rebuilding, $2,700,000: Provided, That $1,000,000
shall not be available for obligation until the Committees on Appropriations of the Senate and the House of Representatives receive
an expenditure plan for fiscal year 2008.
OFFICE
OF INSPECTOR
GENERAL
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978
(5 U.S.C. App.), $92,711,000, of which not to exceed $150,000 may
be used for certain confidential operational expenses, including
the payment of informants, to be expended at the direction of
the Inspector General.
TITLE II
SECURITY, ENFORCEMENT, AND INVESTIGATIONS
U.S. CUSTOMS
AND
BORDER PROTECTION
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SALARIES AND EXPENSES
For necessary expenses for enforcement of laws relating to
border security, immigration, customs, and agricultural inspections
and regulatory activities related to plant and animal imports; purchase and lease of up to 4,500 (2,300 for replacement only) police-
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PUBLIC LAW 110–161—DEC. 26, 2007
121 STAT. 2045
type vehicles; and contracting with individuals for personal services
abroad; $6,802,560,000, of which $3,093,000 shall be derived from
the Harbor Maintenance Trust Fund for administrative expenses
related to the collection of the Harbor Maintenance Fee pursuant
to section 9505(c)(3) of the Internal Revenue Code of 1986 (26
U.S.C. 9505(c)(3)) and notwithstanding section 1511(e)(1) of the
Homeland Security Act of 2002 (6 U.S.C. 551(e)(1)); of which not
to exceed $45,000 shall be for official reception and representation
expenses; of which not less than $226,740,000 shall be for Air
and Marine Operations; of which $13,000,000 shall be used to
procure commercially available technology in order to expand and
improve the risk-based approach of the Department of Homeland
Security to target and inspect cargo containers under the Secure
Freight Initiative and the Global Trade Exchange; of which such
sums as become available in the Customs User Fee Account, except
sums subject to section 13031(f)(3) of the Consolidated Omnibus
Budget Reconciliation Act of 1985 (19 U.S.C. 58c(f)(3)), shall be
derived from that account; of which not to exceed $150,000 shall
be available for payment for rental space in connection with
preclearance operations; and of which not to exceed $1,000,000
shall be for awards of compensation to informants, to be accounted
for solely under the certificate of the Secretary of Homeland Security: Provided, That of the amount provided under this heading,
$323,000,000 is designated as described in section 5 (in the matter
preceding division A of this consolidated Act): Provided further,
That for fiscal year 2008, the overtime limitation prescribed in
section 5(c)(1) of the Act of February 13, 1911 (19 U.S.C. 267(c)(1))
shall be $35,000; and notwithstanding any other provision of law,
none of the funds appropriated by this Act may be available to
compensate any employee of U.S. Customs and Border Protection
for overtime, from whatever source, in an amount that exceeds
such limitation, except in individual cases determined by the Secretary of Homeland Security, or the designee of the Secretary,
to be necessary for national security purposes, to prevent excessive
costs, or in cases of immigration emergencies: Provided further,
That of the amount made available under this heading,
$202,816,000 shall remain available until September 30, 2009, to
support software development, equipment, contract services, and
the implementation of inbound lanes and modification to vehicle
primary processing lanes at ports of entry; of which $100,000 is
to promote information and education exchange with nations
friendly to the United States in order to promote sharing of best
practices and technologies relating to homeland security, as authorized by section 879 of Public Law 107–296; and of which $75,000,000
may not be obligated until the Committees on Appropriations of
the Senate and the House of Representatives receive a report not
later than 120 days after the date of enactment of this Act on
the preliminary results of testing of pilots at ports of entry used
to develop and implement the plan required by section 7209(b)(1)
of the Intelligence Reform and Terrorism Prevention Act of 2004
(Public Law 108–458; 8 U.S.C. 1185 note), which includes the
following information: (1) infrastructure and staffing required, with
associated costs, by port of entry; (2) updated milestones for plan
implementation; (3) a detailed explanation of how requirements
of such section have been satisfied; (4) confirmation that a vicinityread radio frequency identification card has been adequately tested
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Deadline.
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121 STAT. 2046
PUBLIC LAW 110–161—DEC. 26, 2007
to ensure operational success; and (5) a description of steps taken
to ensure the integrity of privacy safeguards.
AUTOMATION MODERNIZATION
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Deadline.
Reports.
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For expenses for U.S. Customs and Border Protection automated systems, $476,609,000, to remain available until expended,
of which not less than $316,969,000 shall be for the development
of the Automated Commercial Environment: Provided, That of the
total amount made available under this heading, $216,969,000 may
not be obligated for the Automated Commercial Environment program until 30 days after the Committees on Appropriations of
the Senate and the House of Representatives receive a report on
the results to date and plans for the program from the Department
of Homeland Security that includes:
(1) a detailed accounting of the program’s progress up
to the date of the report in meeting prior commitments made
to the Committees relative to system capabilities or services,
system performance levels, mission benefits and outcomes, milestones, cost targets, and program management capabilities;
(2) an explicit plan of action defining how all funds are
to be obligated to meet future program commitments, with
the planned expenditure of funds linked to the milestone-based
delivery of specific capabilities, services, performance levels,
mission benefits and outcomes, and program management
capabilities;
(3) a listing of all open Government Accountability Office
and Office of Inspector General recommendations related to
the program, with the status of the Department’s efforts to
address the recommendations, including milestones for fully
addressing them;
(4) a certification by the Chief Procurement Officer of the
Department that the program has been reviewed and approved
in accordance with the investment management process of the
Department, and that the process fulfills all capital planning
and investment control requirements and reviews established
by the Office of Management and Budget, including Circular
A–11, part 7, as well as supporting analyses generated by
and used in the Department’s process;
(5) a certification by the Chief Information Officer of the
Department that an independent validation and verification
agent has and will continue to actively review the program;
(6) a certification by the Chief Information Officer of the
Department that the system architecture of the program is
sufficiently aligned with the information systems enterprise
architecture of the Department to minimize future rework,
including a description of all aspects of the architectures that
were and were not assessed in making the alignment determination, the date of the alignment determination, any known
areas of misalignment along with the associated risks and
corrective actions to address any such areas;
(7) a certification by the Chief Information Officer of the
Department that the program has a risk management process
that regularly and proactively identifies, evaluates, mitigates,
and monitors risks throughout the system life cycle, and
communicates high-risk conditions to U.S. Customs and Border
Protection and Department of Homeland Security investment
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PUBLIC LAW 110–161—DEC. 26, 2007
121 STAT. 2047
decision makers, as well as a listing of the program’s high
risks and the status of efforts to address them;
(8) a certification by the Chief Procurement Officer of the
Department that the plans for the program comply with the
Federal acquisition rules, requirements, guidelines, and practices, and a description of the actions being taken to address
areas of non-compliance, the risks associated with them along
with any plans for addressing these risks and the status of
their implementation; and
(9) a certification by the Chief Human Capital Officer of
the Department that the human capital needs of the program
are being strategically and proactively managed, and that current human capital capabilities are sufficient to execute the
plans discussed in the report.
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BORDER SECURITY FENCING, INFRASTRUCTURE, AND TECHNOLOGY
For expenses for customs and border protection fencing, infrastructure, and technology, $1,225,000,000, to remain available until
expended: Provided, That of the amount provided under this
heading, $1,053,000,000 is designated as described in section 5
(in the matter preceding division A of this consolidated Act): Provided further, That of the amount provided under this heading,
$650,000,000 shall not be obligated until the Committees on Appropriations of the Senate and the House of Representatives receive
and approve a plan for expenditure, prepared by the Secretary
of Homeland Security and submitted within 90 days after the
date of enactment of this Act, for a program to establish a security
barrier along the borders of the United States of fencing and vehicle
barriers, where practicable, and other forms of tactical infrastructure and technology, that includes:
(1) a detailed accounting of the program’s progress to date
relative to system capabilities or services, system performance
levels, mission benefits and outcomes, milestones, cost targets,
program management capabilities, identification of the maximum investment (including lifecycle costs) required by the
Secure Border Initiative network or any successor contract,
and description of the methodology used to obtain these cost
figures;
(2) a description of how activities will further the objectives
of the Secure Border Initiative, as defined in the Secure Border
Initiative multi-year strategic plan, and how the plan allocates
funding to the highest priority border security needs;
(3) an explicit plan of action defining how all funds are
to be obligated to meet future program commitments, with
the planned expenditure of funds linked to the milestone-based
delivery of specific capabilities, services, performance levels,
mission benefits and outcomes, and program management
capabilities;
(4) an identification of staffing (including full-time equivalents, contractors, and detailees) requirements by activity;
(5) a description of how the plan addresses security needs
at the Northern Border and the ports of entry, including infrastructure, technology, design and operations requirements;
(6) a report on costs incurred, the activities completed,
and the progress made by the program in terms of obtaining
operational control of the entire border of the United States;
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Expenditure
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121 STAT. 2048
PUBLIC LAW 110–161—DEC. 26, 2007
(7) a listing of all open Government Accountability Office
and Office of Inspector General recommendations related to
the program and the status of Department of Homeland Security actions to address the recommendations, including milestones to fully address them;
(8) a certification by the Chief Procurement Officer of the
Department that the program has been reviewed and approved
in accordance with the investment management process of the
Department, and that the process fulfills all capital planning
and investment control requirements and reviews established
by the Office of Management and Budget, including Circular
A–11, part 7;
(9) a certification by the Chief Information Officer of the
Department that the system architecture of the program is
sufficiently aligned with the information systems enterprise
architecture of the Department to minimize future rework,
including a description of all aspects of the architectures that
were and were not assessed in making the alignment determination, the date of the alignment determination, and any
known areas of misalignment along with the associated risks
and corrective actions to address any such areas;
(10) a certification by the Chief Procurement Officer of
the Department that the plans for the program comply with
the Federal acquisition rules, requirements, guidelines, and
practices, and a description of the actions being taken to
address areas of non-compliance, the risks associated with them
along with any plans for addressing these risks, and the status
of their implementation;
(11) a certification by the Chief Information Officer of the
Department that the program has a risk management process
that regularly and proactively identifies, evaluates, mitigates,
and monitors risks throughout the system life cycle and communicates high-risk conditions to U.S. Customs and Border Protection and Department of Homeland Security investment decision
makers, as well as a listing of all the program’s high risks
and the status of efforts to address them;
(12) a certification by the Chief Human Capital Officer
of the Department that the human capital needs of the program
are being strategically and proactively managed, and that current human capital capabilities are sufficient to execute the
plans discussed in the report;
(13) an analysis by the Secretary for each segment, defined
as no more than 15 miles, of fencing or tactical infrastructure,
of the selected approach compared to other, alternative means
of achieving operational control; such analysis should include
cost, level of operational control, possible unintended effects
on communities, and other factors critical to the decision
making process;
(14) a certification by the Chief Procurement Officer of
the Department of Homeland Security that procedures to prevent conflicts of interest between the prime integrator and
major subcontractors are established and that the Secure
Border Initiative Program Office has adequate staff and
resources to effectively manage the Secure Border Initiative
program, Secure Border Initiative network contract, and any
related contracts, including the exercise of technical oversight,
and a certification by the Chief Information Officer of the
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PUBLIC LAW 110–161—DEC. 26, 2007
121 STAT. 2049
Department of Homeland Security that an independent
verification and validation agent is currently under contract
for the projects funded under this heading; and
(15) is reviewed by the Government Accountability Office:
Provided further, That the Secretary shall report to the Committees
on Appropriations of the Senate and the House of Representatives
on program progress to date and specific objectives to be achieved
through the award of current and remaining task orders planned
for the balance of available appropriations: (1) at least 30 days
prior to the award of any task order requiring an obligation of
funds in excess of $100,000,000; and (2) prior to the award of
a task order that would cause cumulative obligations of funds
to exceed 50 percent of the total amount appropriated: Provided
further, That of the funds provided under this heading, not more
than $2,000,000 shall be used to reimburse the Defense Acquisition
University for the costs of conducting a review of the Secure Border
Initiative network contract and determining how and whether the
Department is employing the best procurement practices: Provided
further, That none of the funds under this heading may be obligated
for any project or activity for which the Secretary has exercised
waiver authority pursuant to section 102(c) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C.
1103 note) until 15 days have elapsed from the date of the publication of the decision in the Federal Register.
Reports.
Deadline.
Deadline.
Federal Register,
publication.
AIR AND MARINE INTERDICTION, OPERATIONS, MAINTENANCE, AND
PROCUREMENT
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For necessary expenses for the operations, maintenance, and
procurement of marine vessels, aircraft, unmanned aircraft systems,
and other related equipment of the air and marine program,
including operational training and mission-related travel, and rental
payments for facilities occupied by the air or marine interdiction
and demand reduction programs, the operations of which include
the following: the interdiction of narcotics and other goods; the
provision of support to Federal, State, and local agencies in the
enforcement or administration of laws enforced by the Department
of Homeland Security; and at the discretion of the Secretary of
Homeland Security, the provision of assistance to Federal, State,
and local agencies in other law enforcement and emergency humanitarian efforts, $570,047,000, to remain available until expended:
Provided, That of the amount provided under this heading,
$94,000,000 is designated as described in section 5 (in the matter
preceding division A of this consolidated Act): Provided further,
That no aircraft or other related equipment, with the exception
of aircraft that are one of a kind and have been identified as
excess to U.S. Customs and Border Protection requirements and
aircraft that have been damaged beyond repair, shall be transferred
to any other Federal agency, department, or office outside of the
Department of Homeland Security during fiscal year 2008 without
the prior approval of the Committees on Appropriations of the
Senate and the House of Representatives.
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121 STAT. 2050
PUBLIC LAW 110–161—DEC. 26, 2007
CONSTRUCTION
For necessary expenses to plan, construct, renovate, equip,
and maintain buildings and facilities necessary for the administration and enforcement of the laws relating to customs and immigration, $348,363,000, to remain available until expended; of which
$39,700,000 shall be for the Advanced Training Center: Provided,
That of the amount provided under this heading, $61,000,000 is
designated as described in section 5 (in the matter preceding division A of this consolidated Act).
U.S. IMMIGRATION
AND
CUSTOMS ENFORCEMENT
SALARIES AND EXPENSES
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Deadline.
Expenditure
plan.
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For necessary expenses for enforcement of immigration and
customs laws, detention and removals, and investigations; and purchase and lease of up to 3,790 (2,350 for replacement only) policetype vehicles; $4,687,517,000, of which not to exceed $7,500,000
shall be available until expended for conducting special operations
under section 3131 of the Customs Enforcement Act of 1986 (19
U.S.C. 2081); of which not to exceed $15,000 shall be for official
reception and representation expenses; of which not to exceed
$1,000,000 shall be for awards of compensation to informants, to
be accounted for solely under the certificate of the Secretary of
Homeland Security; of which not less than $305,000 shall be for
promotion of public awareness of the child pornography tipline
and anti-child exploitation activities as requested by the President;
of which not less than $5,400,000 shall be used to facilitate agreements consistent with section 287(g) of the Immigration and Nationality Act (8 U.S.C. 1357(g)); and of which not to exceed $11,216,000
shall be available to fund or reimburse other Federal agencies
for the costs associated with the care, maintenance, and repatriation
of smuggled illegal aliens: Provided, That of the amount provided
under this heading, $516,400,000 is designated as described in
section 5 (in the matter preceding division A of this consolidated
Act): Provided further, That none of the funds made available
under this heading shall be available to compensate any employee
for overtime in an annual amount in excess of $35,000, except
that the Secretary of Homeland Security, or the designee of the
Secretary, may waive that amount as necessary for national security
purposes and in cases of immigration emergencies: Provided further,
That of the total amount provided, $15,770,000 shall be for activities
to enforce laws against forced child labor in fiscal year 2008, of
which not to exceed $6,000,000 shall remain available until
expended: Provided further, That of the total amount provided,
not less than $2,381,401,000 is for detention and removal operations: Provided further, That of the total amount provided,
$200,000,000 shall remain available until September 30, 2009, to
improve and modernize efforts to identify aliens convicted of a
crime, sentenced to imprisonment, and who may be deportable,
and remove them from the United States once they are judged
deportable: Provided further, That none of the funds made available
to improve and modernize efforts to identify and remove aliens
convicted of a crime, sentenced to imprisonment, and who may
be deportable (in this proviso referred to as criminal aliens), and
remove them from the United States once they are judged deportable, shall be obligated until the Committees on Appropriations
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PUBLIC LAW 110–161—DEC. 26, 2007
121 STAT. 2051
of the Senate and the House of Representatives receive a plan
for expenditure, prepared by the Secretary of Homeland Security
and submitted within 90 days after the date of enactment of this
Act, to modernize the policies and technologies used to identify
and remove criminal aliens, that—
(1) presents a strategy for U.S. Immigration and Customs
Enforcement to identify every criminal alien, at the prison,
jail, or correctional institution in which they are held;
(2) establishes the process U.S. Immigration and Customs
Enforcement, in conjunction with the U.S. Department of Justice, will use to make every reasonable effort to remove, upon
their release from custody, all criminal aliens judged deportable;
(3) presents a methodology U.S. Immigration and Customs
Enforcement will use to identify and prioritize for removal
criminal aliens convicted of violent crimes;
(4) defines the activities, milestones, and resources for
implementing the strategy and process described in sections
(1) and (2); and
(5) includes program measurements for progress in implementing the strategy and process described in sections (1) and
(2):
Provided further, That the Secretary of Homeland Security or a
designee of the Secretary shall report to the Committees on Appropriations of the Senate and the House of Representatives, at least
quarterly, on progress implementing the expenditure plan required
in the preceding proviso, and the funds obligated during that
quarter to make that progress: Provided further, That the funding
and staffing resources necessary to carry out the strategy and
process described in sections (1) and (2) under this heading shall
be identified in the President’s fiscal year 2009 budget submission
to Congress.
Reports.
Deadline.
FEDERAL PROTECTIVE SERVICE
The revenues and collections of security fees credited to this
account shall be available until expended for necessary expenses
related to the protection of federally-owned and leased buildings
and for the operations of the Federal Protective Service: Provided,
That the Secretary of Homeland Security and the Director of the
Office of Management and Budget shall certify in writing to the
Committees on Appropriations of the Senate and the House of
Representatives no later than December 31, 2007, that the operations of the Federal Protective Service will be fully funded in
fiscal year 2008 through revenues and collection of security fees,
and shall adjust the fees to ensure fee collections are sufficient
to ensure the Federal Protective Service maintains, by July 31,
2008, not fewer than 1,200 full-time equivalent staff and 900 fulltime equivalent Police Officers, Inspectors, Area Commanders, and
Special Agents who, while working, are directly engaged on a daily
basis protecting and enforcing laws at Federal buildings (referred
to as ‘‘in-service field staff’’).
Certification.
Deadlines.
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AUTOMATION MODERNIZATION
For expenses of immigration and customs enforcement automated systems, $30,700,000, to remain available until expended:
Provided, That of the funds made available under this heading,
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121 STAT. 2052
PUBLIC LAW 110–161—DEC. 26, 2007
$5,000,000 shall not be obligated until the Committees on Appropriations of the Senate and the House of Representatives receive
a plan for expenditure prepared by the Secretary of Homeland
Security.
CONSTRUCTION
Privatization
plan.
For necessary expenses to plan, construct, renovate, equip,
and maintain buildings and facilities necessary for the administration and enforcement of the laws relating to customs and immigration, $16,500,000, to remain available until expended: Provided,
That of the amount provided under this heading, $10,500,000 is
designated as described in section 5 (in the matter preceding division A of this consolidated Act): Provided further, That none of
the funds made available in this Act may be used to solicit or
consider any request to privatize facilities currently owned by the
United States Government and used to detain illegal aliens until
the Committees on Appropriations of the Senate and the House
of Representatives receive a plan for carrying out that privatization.
TRANSPORTATION SECURITY ADMINISTRATION
AVIATION SECURITY
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(INCLUDING
TRANSFER OF FUNDS)
For necessary expenses of the Transportation Security Administration related to providing civil aviation security services pursuant
to the Aviation and Transportation Security Act (Public Law 107–
71; 115 Stat. 597; 49 U.S.C. 40101 note), $4,808,691,000, to remain
available until September 30, 2009, of which not to exceed $10,000
shall be for official reception and representation expenses: Provided,
That of the total amount made available under this heading, not
to exceed $3,768,489,000 shall be for screening operations, of which
$294,000,000 shall be available only for procurement and installation of checked baggage explosive detection systems; and not to
exceed $1,009,977,000 shall be for aviation security direction and
enforcement: Provided further, That security service fees authorized
under section 44940 of title 49, United States Code, shall be credited
to this appropriation as offsetting collections and shall be available
only for aviation security: Provided further, That any funds collected
and made available from aviation security fees pursuant to section
44940(i) of title 49, United States Code, may, notwithstanding paragraph (4) of such section 44940(i), be expended for the purpose
of improving screening at airport screening checkpoints, which may
include the purchase and utilization of emerging technology equipment; the refurbishment and replacement of current equipment;
the installation of surveillance systems to monitor checkpoint activities; the modification of checkpoint infrastructure to support checkpoint reconfigurations; and the creation of additional checkpoints
to screen aviation passengers and airport personnel: Provided further, That of the amounts provided under this heading, $30,000,000
may be transferred to the ‘‘Surface Transportation Security’’;
‘‘Transportation Threat Assessment And Credentialing’’; and
‘‘Transportation Security Support’’ appropriations in this Act for
the purpose of implementing regulations and activities authorized
in Implementing Recommendations of the 9/11 Commission Act
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PUBLIC LAW 110–161—DEC. 26, 2007
121 STAT. 2053
of 2007 (Public Law 110–53): Provided further, That the sum appropriated under this heading from the general fund shall be reduced
on a dollar-for-dollar basis as such offsetting collections are received
during fiscal year 2008, so as to result in a final fiscal year appropriation from the general fund estimated at not more than
$2,598,466,000: Provided further, That any security service fees
collected in excess of the amount made available under this heading
shall become available during fiscal year 2009: Provided further,
That Members of the United States House of Representatives and
United States Senate, including the leadership; and the heads of
Federal agencies and commissions, including the Secretary, Under
Secretaries, and Assistant Secretaries of the Department of Homeland Security; the United States Attorney General and Assistant
Attorneys General and the United States attorneys; and senior
members of the Executive Office of the President, including the
Director of the Office of Management and Budget; shall not be
exempt from Federal passenger and baggage screening.
SURFACE TRANSPORTATION SECURITY
For necessary expenses of the Transportation Security Administration related to providing surface transportation security activities, $46,613,000, to remain available until September 30, 2009.
TRANSPORTATION THREAT ASSESSMENT AND CREDENTIALING
For necessary expenses for the development and implementation of screening programs of the Office of Transportation Threat
Assessment and Credentialing, $82,590,000, to remain available
until September 30, 2009: Provided, That if the Assistant Secretary
of Homeland Security (Transportation Security Administration)
determines that the Secure Flight program does not need to check
airline passenger names against the full terrorist watch list, then
the Assistant Secretary shall certify to the Committees on Appropriations of the Senate and the House of Representatives that
no significant security risks are raised by screening airline passenger names only against a subset of the full terrorist watch
list.
Certification.
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TRANSPORTATION SECURITY SUPPORT
For necessary expenses of the Transportation Security Administration related to providing transportation security support and
intelligence pursuant to the Aviation and Transportation Security
Act (Public Law 107–71; 115 Stat. 597; 49 U.S.C. 40101 note),
$523,515,000, to remain available until September 30, 2009: Provided, That of the funds appropriated under this heading,
$10,000,000 may not be obligated until the Secretary of Homeland
Security submits to the Committees on Appropriations of the Senate
and the House of Representatives detailed expenditure plans for
checkpoint support and explosive detection systems refurbishment,
procurement, and installations on an airport-by-airport basis for
fiscal year 2008; and a strategic plan required for checkpoint technologies as described in the joint explanatory statement of managers
accompanying the fiscal year 2007 conference report (H. Rept. 109–
699): Provided further, That these plans shall be submitted no
later than 60 days after the date of enactment of this Act.
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Expenditure
plan.
Strategic plan.
Explosive
detection.
Deadline.
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PUBLIC LAW 110–161—DEC. 26, 2007
FEDERAL AIR MARSHALS
For necessary
$769,500,000.
expenses
of
the
Federal
Air
Marshals,
COAST GUARD
OPERATING EXPENSES
Notification.
Deadline.
For necessary expenses for the operation and maintenance of
the Coast Guard not otherwise provided for; purchase or lease
of not to exceed 25 passenger motor vehicles, which shall be for
replacement only; minor shore construction projects not exceeding
$1,000,000 in total cost at any location; payments pursuant to
section 156 of Public Law 97–377 (42 U.S.C. 402 note; 96 Stat.
1920); and recreation and welfare; $5,891,347,000, of which
$340,000,000 shall be for defense-related activities; of which
$24,500,000 shall be derived from the Oil Spill Liability Trust
Fund to carry out the purposes of section 1012(a)(5) of the Oil
Pollution Act of 1990 (33 U.S.C. 2712(a)(5)); of which not to exceed
$20,000 shall be for official reception and representation expenses;
and of which $3,600,000 shall be for costs to plan and design
an expansion to the Operations Systems Center subject to the
approval of a prospectus: Provided, That none of the funds made
available by this or any other Act shall be available for administrative expenses in connection with shipping commissioners in the
United States: Provided further, That none of the funds made
available by this Act shall be for expenses incurred for recreational
vessels under section 12114 of title 46, United States Code, except
to the extent fees are collected from yacht owners and credited
to this appropriation: Provided further, That not to exceed 5 percent
of this appropriation may be transferred to the ‘‘Acquisition,
Construction, and Improvements’’ appropriation for personnel compensation and benefits and related costs to adjust personnel assignment to accelerate management and oversight of new or existing
projects without detrimentally affecting the management and oversight of other projects: Provided further, That the amount made
available for ‘‘Personnel, Compensation, and Benefits’’ in the
‘‘Acquisition, Construction, and Improvements’’ appropriation shall
not be increased by more than 10 percent by such transfers: Provided further, That the Committees on Appropriations of the Senate
and the House of Representatives shall be notified of each transfer
within 30 days after it is executed by the Treasury: Provided
further, That of the amount provided under this heading,
$70,300,000 is designated as described in section 5 (in the matter
preceding division A of this consolidated Act).
ENVIRONMENTAL COMPLIANCE AND RESTORATION
For necessary expenses to carry out the environmental compliance and restoration functions of the Coast Guard under chapter
19 of title 14, United States Code, $13,000,000, to remain available
until expended.
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RESERVE TRAINING
For necessary expenses of the Coast Guard Reserve, as authorized by law; operations and maintenance of the reserve program;
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PUBLIC LAW 110–161—DEC. 26, 2007
121 STAT. 2055
personnel and training costs; and equipment and services;
$126,883,000.
ACQUISITION, CONSTRUCTION, AND IMPROVEMENTS
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(INCLUDING
RESCISSIONS OF FUNDS)
For necessary expenses of acquisition, construction, renovation,
and improvement of aids to navigation, shore facilities, vessels,
and aircraft, including equipment related thereto; and maintenance,
rehabilitation, lease and operation of facilities and equipment, as
authorized by law; $1,125,083,000, of which $20,000,000 shall be
derived from the Oil Spill Liability Trust Fund to carry out the
purposes of section 1012(a)(5) of the Oil Pollution Act of 1990
(33 U.S.C. 2712(a)(5)); of which $45,000,000 shall be available until
September 30, 2012, to acquire, repair, renovate, or improve vessels,
small boats, and related equipment; of which $173,100,000 shall
be available until September 30, 2010, for other equipment; of
which $40,997,000 shall be available until September 30, 2010,
for shore facilities and aids to navigation facilities; of which
$82,720,000 shall be available for personnel compensation and benefits and related costs; and of which $783,266,000 shall be available
until September 30, 2012, for the Integrated Deepwater Systems
program: Provided, That of the funds made available for the
Integrated Deepwater Systems program, $327,416,000 is for aircraft
and $243,400,000 is for surface ships: Provided further, That of
the amount provided in the preceding proviso for aircraft,
$70,000,000 may not be obligated for the Maritime Patrol Aircraft
until the Commandant of the Coast Guard certifies that the mission
system pallet Developmental Test and Evaluation of the HC–144A
CASA Maritime Patrol Aircraft is complete: Provided further, That
no funds shall be available for procurements related to the acquisition of additional major assets as part of the Integrated Deepwater
Systems program not already under contract until an alternatives
analysis has been completed by an independent qualified third
party: Provided further, That $300,000,000 of the funds provided
for the Integrated Deepwater Systems program may not be obligated
until the Committees on Appropriations of the Senate and the
House of Representatives receive and approve a plan for expenditure
directly from the Coast Guard that—
(1) defines activities, milestones, yearly costs, and lifecycle
costs for each procurement of a major asset, including an independent cost estimate for each;
(2) identifies lifecycle staffing and training needs of Coast
Guard project managers and of procurement and contract staff;
(3) identifies competition to be conducted in each procurement;
(4) describes procurement plans that do not rely on a
single industry entity or contract;
(5) includes a certification by the Chief Human Capital
Officer of the Department that current human capital capabilities are sufficient to execute the plans discussed in the report;
(6) contains very limited indefinite delivery/indefinite
quantity contracts and explains the need for any indefinite
delivery/indefinite quantity contracts;
(7) identifies individual project balances by fiscal year,
including planned carryover into fiscal year 2009 by project;
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plan.
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121 STAT. 2056
Reports.
Deadline.
14 USC 663 note.
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Deadline.
Investment plan.
14 USC 663 note.
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PUBLIC LAW 110–161—DEC. 26, 2007
(8) identifies operational gaps by asset and explains how
funds provided in this Act address the shortfalls between current operational capabilities and requirements;
(9) includes a listing of all open Government Accountability
Office and Office of Inspector General recommendations related
to the program and the status of Coast Guard actions to address
the recommendations, including milestones for fully addressing
them;
(10) includes a certification by the Chief Procurement
Officer of the Department that the program has been reviewed
and approved in accordance with the investment management
process of the Department, and that the process fulfills all
capital planning and investment control requirements and
reviews established by the Office of Management and Budget,
including Circular A–11, part 7;
(11) identifies use of the Defense Contract Auditing Agency;
(12) includes a certification by the head of contracting
activity for the Coast Guard and the Chief Procurement Officer
of the Department that the plans for the program comply
with the Federal acquisition rules, requirements, guidelines,
and practices, and a description of the actions being taken
to address areas of non-compliance, the risks associated with
them along with plans for addressing these risks, and the
status of their implementation;
(13) identifies the use of independent validation and
verification; and
(14) is reviewed by the Government Accountability Office:
Provided further, That the Secretary of Homeland Security shall
submit to the Committees on Appropriations of the Senate and
the House of Representatives, in conjunction with the President’s
fiscal year 2009 budget, a review of the Revised Deepwater
Implementation Plan that identifies any changes to the plan for
the fiscal year; an annual performance comparison of Deepwater
assets to pre-Deepwater legacy assets; a status report of legacy
assets; a detailed explanation of how the costs of legacy assets
are being accounted for within the Deepwater program; and the
earned value management system gold card data for each Deepwater asset: Provided further, That the Secretary shall submit
to the Committees on Appropriations of the Senate and the House
of Representatives a comprehensive review of the Revised Deepwater Implementation Plan every five years, beginning in fiscal
year 2011, that includes a complete projection of the acquisition
costs and schedule for the duration of the plan through fiscal
year 2027: Provided further, That the Secretary shall annually
submit to the Committees on Appropriations of the Senate and
the House of Representatives, at the time that the President’s
budget is submitted under section 1105(a) of title 31, United States
Code, a future-years capital investment plan for the Coast Guard
that identifies for each capital budget line item—
(1) the proposed appropriation included in that budget;
(2) the total estimated cost of completion;
(3) projected funding levels for each fiscal year for the
next five fiscal years or until project completion, whichever
is earlier;
(4) an estimated completion date at the projected funding
levels; and
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PUBLIC LAW 110–161—DEC. 26, 2007
121 STAT. 2057
(5) changes, if any, in the total estimated cost of completion
or estimated completion date from previous future-years capital
investment plans submitted to the Committees on Appropriations of the Senate and the House of Representatives:
Provided further, That the Secretary shall ensure that amounts
specified in the future-years capital investment plan are consistent
to the maximum extent practicable with proposed appropriations
necessary to support the programs, projects, and activities of the
Coast Guard in the President’s budget as submitted under section
1105(a) of title 31, United States Code, for that fiscal year: Provided
further, That any inconsistencies between the capital investment
plan and proposed appropriations shall be identified and justified:
Provided further, That of amounts made available under this
heading in Public Laws 108–334 and 109–90 for the Offshore Patrol
Cutter, $98,627,476 are rescinded: Provided further, That of
amounts made available under this heading in Public Law 108–
334 for VTOL unmanned aerial vehicles (VUAV), $162,850 are
rescinded: Provided further, That of amounts made available under
this heading in Public Law 109–90 for unmanned air vehicles
(UAVs), $32,942,138 are rescinded: Provided further, That of
amounts made available under this heading in Public Law 109–
295 for VTOL unmanned aerial vehicles (UAVs), $716,536 are
rescinded: Provided further, That of the amount provided under
this heading, $95,800,000 is designated as described in section
5 (in the matter preceding division A of this consolidated Act).
ALTERATION OF BRIDGES
For necessary expenses for alteration or removal of obstructive
bridges, as authorized by section 6 of the Truman-Hobbs Act (33
U.S.C. 516), $16,000,000, to remain available until expended.
RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
For necessary expenses for applied scientific research, development, test, and evaluation; and for maintenance, rehabilitation,
lease, and operation of facilities and equipment; as authorized by
law; $25,000,000, to remain available until expended, of which
$500,000 shall be derived from the Oil Spill Liability Trust Fund
to carry out the purposes of section 1012(a)(5) of the Oil Pollution
Act of 1990 (33 U.S.C. 2712(a)(5)): Provided, That there may be
credited to and used for the purposes of this appropriation funds
received from State and local governments, other public authorities,
private sources, and foreign countries for expenses incurred for
research, development, testing, and evaluation.
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RETIRED PAY
For retired pay, including the payment of obligations otherwise
chargeable to lapsed appropriations for this purpose, payments
under the Retired Serviceman’s Family Protection and Survivor
Benefits Plans, payment for career status bonuses, concurrent
receipts and combat-related special compensation under the
National Defense Authorization Act, and payments for medical care
of retired personnel and their dependents under chapter 55 of
title 10, United States Code, $1,184,720,000, to remain available
until expended.
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121 STAT. 2058
PUBLIC LAW 110–161—DEC. 26, 2007
UNITED STATES SECRET SERVICE
SALARIES AND EXPENSES
For necessary expenses of the United States Secret Service,
including purchase of not to exceed 645 vehicles for police-type
use for replacement only, and hire of passenger motor vehicles;
purchase of motorcycles made in the United States; hire of aircraft;
services of expert witnesses at such rates as may be determined
by the Director of the Secret Service; rental of buildings in the
District of Columbia, and fencing, lighting, guard booths, and other
facilities on private or other property not in Government ownership
or control, as may be necessary to perform protective functions;
payment of per diem or subsistence allowances to employees where
a protective assignment during the actual day or days of the visit
of a protectee requires an employee to work 16 hours per day
or to remain overnight at a post of duty; conduct of and participation
in firearms matches; presentation of awards; travel of United States
Secret Service employees on protective missions without regard
to the limitations on such expenditures in this or any other Act
if approval is obtained in advance from the Committees on Appropriations of the Senate and the House of Representatives; research
and development; grants to conduct behavioral research in support
of protective research and operations; and payment in advance
for commercial accommodations as may be necessary to perform
protective functions; $1,381,771,000, of which $853,690,000 is for
protective functions; of which not to exceed $25,000 shall be for
official reception and representation expenses; of which not to
exceed $100,000 shall be to provide technical assistance and equipment to foreign law enforcement organizations in counterfeit investigations; of which $2,366,000 shall be for forensic and related
support of investigations of missing and exploited children; and
of which $6,000,000 shall be for a grant for activities related to
the investigations of missing and exploited children and shall
remain available until expended: Provided, That up to $18,000,000
provided for protective travel shall remain available until September 30, 2009: Provided further, That the United States Secret
Service is authorized to obligate funds in anticipation of reimbursements from Federal agencies and entities, as defined in section
105 of title 5, United States Code, receiving training sponsored
by the James J. Rowley Training Center, except that total obligations at the end of the fiscal year shall not exceed total budgetary
resources available under this heading at the end of the fiscal
year.
ACQUISITION, CONSTRUCTION, IMPROVEMENTS, AND RELATED
EXPENSES
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For necessary expenses for acquisition, construction, repair,
alteration, and improvement of facilities, $3,725,000, to remain
available until expended.
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PUBLIC LAW 110–161—DEC. 26, 2007
121 STAT. 2059
TITLE III
PROTECTION, PREPAREDNESS, RESPONSE, AND RECOVERY
NATIONAL PROTECTION
AND
PROGRAMS DIRECTORATE
MANAGEMENT AND ADMINISTRATION
For salaries and expenses of the immediate Office of the Under
Secretary for National Protection and Programs, the National
Protection Planning Office, support for operations, information technology, and Risk Management and Analysis, $47,346,000: Provided,
That not to exceed $5,000 shall be for official reception and representation expenses: Provided further, That of the total amount
provided under this heading, $5,000,000 shall not be obligated
until the Committees on Appropriations of the Senate and the
House of Representatives receive and approve an expenditure plan
by program, project, and activity.
Expenditure
plan.
INFRASTRUCTURE PROTECTION AND INFORMATION SECURITY
For necessary expenses for infrastructure protection and
information security programs and activities, as authorized by title
II of the Homeland Security Act of 2002 (6 U.S.C. 121 et seq.),
$654,730,000, of which $586,960,000 shall remain available until
September 30, 2009.
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UNITED STATES VISITOR AND IMMIGRANT STATUS INDICATOR
TECHNOLOGY
For necessary expenses for the development of the United
States Visitor and Immigrant Status Indicator Technology project,
as authorized by section 110 of the Illegal Immigration Reform
and Immigrant Responsibility Act of 1996 (8 U.S.C. 1365a),
$475,000,000, to remain available until expended: Provided, That
of the amount provided under this heading, $275,000,000 is designated as described in section 5 (in the matter preceding division
A of this consolidated Act): Provided further, That of the total
amount made available under this heading, $125,000,000 may not
be obligated for the United States Visitor and Immigrant Status
Indicator Technology project until the Committees on Appropriations of the Senate and the House of Representatives receive and
approve a plan for expenditure prepared by the Secretary of Homeland Security that includes—
(1) a detailed accounting of the program’s progress to date
relative to system capabilities or services, system performance
levels, mission benefits and outcomes, milestones, cost targets,
and program management capabilities;
(2) an explicit plan of action defining how all funds are
to be obligated to meet future program commitments, with
the planned expenditure of funds linked to the milestone-based
delivery of specific capabilities, services, performance levels,
mission benefits and outcomes, and program management
capabilities;
(3) a listing of all open Government Accountability Office
and Office of Inspector General recommendations related to
the program and the status of Department of Homeland Security actions to address the recommendations, including milestones for fully addressing them;
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121 STAT. 2060
PUBLIC LAW 110–161—DEC. 26, 2007
(4) a certification by the Chief Procurement Officer of the
Department that the program has been reviewed and approved
in accordance with the investment management process of the
Department, and that the process fulfills all capital planning
and investment control requirements and reviews established
by the Office of Management and Budget, including Circular
A–11, part 7;
(5) a certification by the Chief Information Officer of the
Department of Homeland Security that an independent
verification and validation agent is currently under contract
for the project;
(6) a certification by the Chief Information Officer of the
Department that the system architecture of the program is
sufficiently aligned with the information systems enterprise
architecture of the Department to minimize future rework,
including a description of all aspects of the architectures that
were and were not assessed in making the alignment determination, the date of the alignment determination, and any
known areas of misalignment along with the associated risks
and corrective actions to address any such areas;
(7) a certification by the Chief Procurement Officer of the
Department that the plans for the program comply with the
Federal acquisition rules, requirements, guidelines, and practices, and a description of the actions being taken to address
areas of non-compliance, the risks associated with them along
with any plans for addressing these risks, and the status of
their implementation;
(8) a certification by the Chief Information Officer of the
Department that the program has a risk management process
that regularly identifies, evaluates, mitigates, and monitors
risks throughout the system life cycle, and communicates highrisk conditions to agency and Department of Homeland Security
investment decision makers, as well as a listing of all the
program’s high risks and the status of efforts to address them;
(9) a certification by the Chief Human Capital Officer of
the Department that the human capital needs of the program
are being strategically and proactively managed, and that current human capital capabilities are sufficient to execute the
plans discussed in the report;
(10) a complete schedule for the full implementation of
a biometric exit program or a certification that such program
is not possible within five years;
(11) a detailed accounting of operation and maintenance,
contractor services, and program costs associated with the
management of identity services; and
(12) is reviewed by the Government Accountability Office.
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OFFICE
OF
HEALTH AFFAIRS
For the necessary expenses of the Office of Health Affairs,
$116,500,000; of which $24,317,000 is for salaries and expenses;
and of which $92,183,000, to remain available until September
30, 2009, is for biosurveillance, BioWatch, medical readiness planning, chemical response, and other activities: Provided, That not
to exceed $3,000 shall be for official reception and representation
expenses.
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PUBLIC LAW 110–161—DEC. 26, 2007
121 STAT. 2061
FEDERAL EMERGENCY MANAGEMENT AGENCY
MANAGEMENT AND ADMINISTRATION
For necessary expenses for management and administration
of the Federal Emergency Management Agency, $664,000,000,
including activities authorized by the National Flood Insurance
Act of 1968 (42 U.S.C. 4001 et seq.), the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.),
the Earthquake Hazards Reduction Act of 1977 (42 U.S.C. 7701
et seq.), the Defense Production Act of 1950 (50 U.S.C. App. 2061
et seq.), sections 107 and 303 of the National Security Act of
1947 (50 U.S.C. 404, 405), Reorganization Plan No. 3 of 1978
(5 U.S.C. App.), the Homeland Security Act of 2002 (6 U.S.C.
101 et seq.), and the Post-Katrina Emergency Management Reform
Act of 2006 (Public Law 109–295; 120 Stat. 1394): Provided, That
not to exceed $3,000 shall be for official reception and representation
expenses: Provided further, That the President’s budget submitted
under section 1105(a) of title 31, United States Code, shall be
detailed by the office for the Federal Emergency Management
Agency: Provided further, That of the total amount made available
under this heading, $32,500,000 shall be for the Urban Search
and Rescue Response System, of which not to exceed $1,600,000
may be made available for administrative costs; and $6,000,000
shall be for the Office of National Capital Region Coordination:
Provided further, That for purposes of planning, coordination, execution, and decision-making related to mass evacuation during a
disaster, the Governors of the State of West Virginia and the
Commonwealth of Pennsylvania, or their designees, shall be incorporated into efforts to integrate the activities of Federal, State,
and local governments in the National Capital Region, as defined
in section 882 of Public Law 107–296, the Homeland Security
Act of 2002.
Federal budget.
West Virginia.
Pennsylvania.
STATE AND LOCAL PROGRAMS
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(INCLUDING
TRANSFER OF FUNDS)
For grants, contracts, cooperative agreements, and other activities, $3,177,800,000 shall be allocated as follows:
(1) $950,000,000 shall be for the State Homeland Security
Grant Program under section 2004 of the Homeland Security
Act of 2002 (6 U.S.C. 605) as amended by Implementing Recommendations of the 9/11 Commission Act of 2007 (Public
Law 110–53): Provided, That of the amount provided by this
paragraph, $60,000,000 shall be for Operation Stonegarden and
is designated as described in section 5 (in the matter preceding
division A of this consolidated Act): Provided further, That
notwithstanding subsection (c)(4) of such section 2004, for fiscal
year 2008, the Commonwealth of Puerto Rico shall make available to local and tribal governments amounts provided to the
Commonwealth of Puerto Rico under this paragraph in accordance with subsection (c)(1) of such section 2004.
(2) $820,000,000 shall be for the Urban Area Security Initiative under section 2003 of the Homeland Security Act of
2002 (6 U.S.C. 604) as amended by Implementing Recommendations of the 9/11 Commission Act of 2007 (Public Law 110–
53), of which, notwithstanding subsection (c)(1) of such section,
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Grants.
Deadlines.
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PUBLIC LAW 110–161—DEC. 26, 2007
$15,000,000 shall be for grants to organizations (as described
under section 501(c)(3) of the Internal Revenue Code of 1986
and exempt from tax section 501(a) of such code) determined
by the Secretary to be at high-risk of a terrorist attack.
(3) $35,000,000 shall be for Regional Catastrophic
Preparedness Grants.
(4) $41,000,000 shall be for the Metropolitan Medical
Response System under section 635 of the Post-Katrina Emergency Management Reform Act of 2006 (6 U.S.C. 723).
(5) $15,000,000 shall be for the Citizens Corps Program;
(6) $400,000,000 shall be for Public Transportation Security
Assistance and Railroad Security Assistance under sections
1406 and 1513 of the Implementing Recommendations of the
9/11 Commission Act of 2007 (Public Law 110–53; 6 U.S.C.
1135 and 1163), of which not less than $25,000,000 shall be
for Amtrak security.
(7) $400,000,000 shall be for Port Security Grants in accordance with 46 U.S.C. 70107.
(8) $11,500,000 shall be for Over-the-Road Bus Security
Assistance under section 1532 of the Implementing Recommendations of the 9/11 Commission Act of 2007 (Public
Law 110–53; 6 U.S.C. 1182).
(9) $16,000,000 shall be for Trucking Industry Security
Grants.
(10) $50,000,000 shall be for Buffer Zone Protection Program Grants.
(11) $50,000,000 shall be for grants under section 204
of the REAL ID Act of 2005 (Public Law 109–13; 49 U.S.C.
30301 note): Provided, That the amount provided under this
paragraph shall be designated as described in section 5 (in
the matter preceding division A of this consolidated Act).
(12) $25,000,000 shall be for the Commercial Equipment
Direct Assistance Program.
(13) $50,000,000 shall be for the Interoperable Emergency
Communications Grant Program under section 1809 of the
Homeland Security Act of 2002 (6 U.S.C. 579) as amended
by Implementing Recommendations of the 9/11 Commission
Act of 2007 (Public Law 110–53).
(14) $15,000,000 shall be for grants for construction of
Emergency Operations Centers under section 614 of the Robert
T. Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5196c) as amended by Implementing Recommendations
of the 9/11 Commission Act of 2007 (Public Law 110–53).
(15) $299,300,000 shall be for training, exercises, technical
assistance, and other programs:
Provided, That not to exceed 3 percent of the amounts provided
under this heading may be transferred to the Federal Emergency
Management Agency ‘‘Management and Administration’’ account
for program administration: Provided further, That for grants under
paragraphs (1) through (5), the applications for grants shall be
made available to eligible applicants not later than 25 days after
the date of enactment of this Act, that eligible applicants shall
submit applications not later than 90 days after the grant announcement, and that the Administrator of the Federal Emergency
Management Agency shall act within 90 days after receipt of an
application: Provided further, That for grants under paragraphs
(6) through (11), the applications for grants shall be made available
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PUBLIC LAW 110–161—DEC. 26, 2007
121 STAT. 2063
to eligible applicants not later than 30 days after the date of
enactment of this Act, that eligible applicants shall submit applications within 45 days after the grant announcement, and that the
Federal Emergency Management Agency shall act not later than
60 days after receipt of an application: Provided further, That
grantees shall provide additional reports on their use of funds,
as determined necessary by the Secretary of Homeland Security:
Provided further, That (a) the Center for Domestic Preparedness
may provide training to emergency response providers from the
Federal Government, foreign governments, or private entities, if
the Center for Domestic Preparedness is reimbursed for the cost
of such training, and any reimbursement under this subsection
shall be credited to the account from which the expenditure being
reimbursed was made and shall be available, without fiscal year
limitation, for the purposes for which amounts in the account may
be expended, (b) the head of the Center for Domestic Preparedness
shall ensure that any training provided under (a) does not interfere
with the primary mission of the Center to train State and local
emergency response providers: Provided further, That the Government Accountability Office shall report to the Committees on Appropriations of the Senate and the House of Representatives regarding
the data, assumptions, and methodology that the Department uses
to assess risk and allocate Urban Area Security Initiative and
State Homeland Security Grants not later than 45 days after the
date of enactment of this Act: Provided further, That the report
shall include the reliability and validity of the data used, the
basis for the assumptions used, how the methodology is applied
to determine the risk scores for individual locations, an analysis
of the usefulness of placing States and cities into tier groups,
and the allocation of grants to eligible locations: Provided further,
That the Department provide the Government Accountability Office
with the actual data that the Department used for its risk assessment and grant allocation for at least two locations at the discretion
of the Government Accountability Office for the 2007 grant allocation process: Provided further, That the Department provide the
Government Accountability Office with access to all data needed
for its analysis and report, including specifics on all changes for
the fiscal year 2008 process, including, but not limited to, all
changes in data, assumptions, and weights used in methodology
within seven days after the date of enactment of this Act: Provided
further, That any subsequent changes made regarding the risk
methodology after the initial information is provided to the Government Accountability Office shall be provided within seven days
after the change is made.
Reports.
Deadline.
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FIREFIGHTER ASSISTANCE GRANTS
For necessary expenses for programs authorized by the Federal
Fire Prevention and Control Act of 1974 (15 U.S.C. 2201 et seq.),
$750,000,000, of which $560,000,000 shall be available to carry
out section 33 of that Act (15 U.S.C. 2229) and $190,000,000 shall
be available to carry out section 34 of that Act (15 U.S.C. 2229a),
to remain available until September 30, 2009: Provided, That not
to exceed 5 percent of the amount available under this heading
shall be available for program administration.
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PUBLIC LAW 110–161—DEC. 26, 2007
EMERGENCY MANAGEMENT PERFORMANCE GRANTS
For necessary expenses for emergency management performance grants, as authorized by the National Flood Insurance Act
of 1968 (42 U.S.C. 4001 et seq.), the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.),
the Earthquake Hazards Reduction Act of 1977 (42 U.S.C. 7701
et seq.), and Reorganization Plan No. 3 of 1978 (5 U.S.C. App.),
$300,000,000: Provided, That total administrative costs shall not
exceed 3 percent of the total amount appropriated under this
heading.
RADIOLOGICAL EMERGENCY PREPAREDNESS PROGRAM
The aggregate charges assessed during fiscal year 2008, as
authorized in title III of the Departments of Veterans Affairs and
Housing and Urban Development, and Independent Agencies Appropriations Act, 1999 (42 U.S.C. 5196e), shall not be less than 100
percent of the amounts anticipated by the Department of Homeland
Security necessary for its radiological emergency preparedness program for the next fiscal year: Provided, That the methodology
for assessment and collection of fees shall be fair and equitable
and shall reflect costs of providing such services, including administrative costs of collecting such fees: Provided further, That fees
received under this heading shall be deposited in this account
as offsetting collections and will become available for authorized
purposes on October 1, 2008, and remain available until expended.
UNITED STATES FIRE ADMINISTRATION
For necessary expenses of the United States Fire Administration and for other purposes, as authorized by the Federal Fire
Prevention and Control Act of 1974 (15 U.S.C. 2201 et seq.) and
the Homeland Security Act of 2002 (6 U.S.C. 101 et seq.),
$43,300,000.
DISASTER RELIEF
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(INCLUDING
Reports.
42 USC 5208.
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TRANSFER OF FUNDS)
For necessary expenses in carrying out the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121
et seq.), $1,400,000,000, to remain available until expended: Provided, That of the total amount provided, $16,000,000 shall be
transferred to the Department of Homeland Security Office of
Inspector General for audits and investigations related to disasters,
subject to section 503 of this Act: Provided further, That up to
$60,000,000 may be transferred to ‘‘Management and Administration’’, Federal Emergency Management Agency, of which
$48,000,000 and 250 positions are for management and administration functions and $12,000,000 is for activities related to the Robert
T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C.
5121 et seq.): Provided further, That of the amount provided in
the previous proviso, $30,000,000 shall not be available for transfer
for management and administration functions until the Federal
Emergency Management Agency submits an expenditure plan to
the Committees on Appropriations of the Senate and the House
of Representatives regarding the 250 positions: Provided further,
That the Federal Emergency Management Agency shall hereafter
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submit a monthly ‘‘Disaster Relief’’ report to the Committees on
Appropriations of the Senate and the House of Representatives
to include—
(1) status of the Disaster Relief fund including obligations,
allocations, and amounts undistributed/unallocated;
(2) allocations, obligations, and expenditures for Hurricanes
Katrina, Rita, and Wilma and all open disasters;
(3) information on national flood insurance claims;
(4) obligations, allocations, and expenditures by State for
unemployment, crisis counseling, inspections, housing assistance, manufactured housing, public assistance, and individual
assistance;
(5) mission assignment obligations by agency, including:
(A) the amounts to other agencies that are in suspense
because the Federal Emergency Management Agency has
not yet reviewed and approved the documentation supporting the expenditure or for which an agency has been
mission assigned but has not submitted necessary documentation for reimbursement;
(B) an explanation if the amounts of reported obligations and expenditures do not reflect the status of such
obligations and expenditures from a government-wide
perspective; and
(C) each such agency’s actual obligation and expenditure data;
(6) the amount of credit card purchases by agency and
mission assignment;
(7) specific reasons for all waivers granted and a description
of each waiver;
(8) a list of all contracts that were awarded on a sole
source or limited competition basis, including the dollar
amount, the purpose of the contract, and the reason for the
lack of competitive award; and
(9) an estimate of when available appropriations will be
exhausted, assuming an average disaster season:
Provided further, That for any request for reimbursement from
a Federal agency to the Department to cover expenditures under
the Robert T. Stafford Disaster Relief and Emergency Assistance
Act (42 U.S.C. 5121 et seq.), or any mission assignment orders
issued by the Department for such purposes, the Secretary of Homeland Security shall take appropriate steps to ensure that each
agency is periodically reminded of Department policies on—
(1) the detailed information required in supporting documentation for reimbursements, and
(2) the necessity for timeliness of agency billings.
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DISASTER ASSISTANCE DIRECT LOAN PROGRAM ACCOUNT
For activities under section 319 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5162),
$875,000, of which $580,000 is for administrative expenses to carry
out the direct loan program and $295,000 is for the cost of direct
loans: Provided, That gross obligations for the principal amount
of direct loans shall not exceed $25,000,000: Provided further, That
the cost of modifying such loans shall be as defined in section
502 of the Congressional Budget Act of 1974 (2 U.S.C. 661a).
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121 STAT. 2066
PUBLIC LAW 110–161—DEC. 26, 2007
FLOOD MAP MODERNIZATION FUND
For necessary expenses under section 1360 of the National
Flood Insurance Act of 1968 (42 U.S.C. 4101), $220,000,000, and
such additional sums as may be provided by State and local governments or other political subdivisions for cost-shared mapping activities under section 1360(f)(2) of such Act, to remain available until
expended: Provided, That total administrative costs shall not exceed
3 percent of the total amount appropriated under this heading.
NATIONAL FLOOD INSURANCE FUND
(INCLUDING
TRANSFER OF FUNDS)
For activities under the National Flood Insurance Act of 1968
(42 U.S.C. 4001 et seq.) and the Flood Disaster Protection Act
of 1973 (42 U.S.C. 4001 et seq.), $145,000,000, which is available
as follows: (1) not to exceed $45,642,000 for salaries and expenses
associated with flood mitigation and flood insurance operations;
and (2) no less than $99,358,000 for flood hazard mitigation, which
shall be derived from offsetting collections assessed and collected
under section 1307 of the National Flood Insurance Act of 1968
(42 U.S.C. 4014), to remain available until September 30, 2009,
including up to $34,000,000 for flood mitigation expenses under
section 1366 of that Act (42 U.S.C. 4104c), which shall be available
for transfer to the National Flood Mitigation Fund under section
1367 of that Act (42 U.S.C. 4104) until September 30, 2009: Provided, That any additional fees collected pursuant to section 1307
of that Act shall be credited as an offsetting collection to this
account, to be available for flood hazard mitigation expenses: Provided further, That in fiscal year 2008, no funds shall be available
from the National Flood Insurance Fund under section 1310 of
that Act (42 U.S.C. 4017) in excess of: (1) $70,000,000 for operating
expenses; (2) $773,772,000 for commissions and taxes of agents;
(3) such sums as are necessary for interest on Treasury borrowings;
and (4) $90,000,000 for flood mitigation actions with respect to
severe repetitive loss properties under section 1361A of that Act
(42 U.S.C. 4102a) and repetitive insurance claims properties under
section 1323 of that Act (42 U.S.C. 4030), which shall remain
available until expended: Provided further, That total administrative costs shall not exceed 4 percent of the total appropriation.
NATIONAL FLOOD MITIGATION FUND
(INCLUDING
TRANSFER OF FUNDS)
Notwithstanding subparagraphs (B) and (C) of subsection (b)(3),
and subsection (f), of section 1366 of the National Flood Insurance
Act of 1968, $34,000,000 (42 U.S.C. 4104c), to remain available
until September 30, 2009, for activities designed to reduce the
risk of flood damage to structures pursuant to such Act, of which
$34,000,000 shall be derived from the National Flood Insurance
Fund.
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NATIONAL PREDISASTER MITIGATION FUND
For a predisaster mitigation grant program under title II of
the Robert T. Stafford Disaster Relief and Emergency Assistance
Act (42 U.S.C. 5131 et seq.), $114,000,000, to remain available
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PUBLIC LAW 110–161—DEC. 26, 2007
121 STAT. 2067
until expended: Provided, That grants made for predisaster mitigation shall be awarded subject to the criteria in section 203(g) of
such Act (42 U.S.C. 5133(g)): Provided further, That the total
administrative costs associated with such grants shall not exceed
3 percent of the total amount made available under this heading.
EMERGENCY FOOD AND SHELTER
To carry out an emergency food and shelter program pursuant
to title III of the McKinney-Vento Homeless Assistance Act (42
U.S.C. 11331 et seq.), $153,000,000, to remain available until
expended: Provided, That total administrative costs shall not exceed
3.5 percent of the total amount made available under this heading.
TITLE IV
RESEARCH AND DEVELOPMENT, TRAINING, AND SERVICES
UNITED STATES CITIZENSHIP
AND IMMIGRATION
SERVICES
For necessary expenses for citizenship and immigration services, $80,973,000: Provided, That of the amount provided under
this heading, $80,000,000 is designated as described in section
5 (in the matter preceding division A of this consolidated Act):
Provided further, That of the total, $20,000,000 is provided to
address backlogs of security checks associated with pending applications and petitions and shall not be available for obligation until
the Secretary of Homeland Security and the United States Attorney
General submit to the Committees on Appropriations of the Senate
and the House of Representatives a plan to eliminate the backlog
of security checks that establishes information sharing protocols
to ensure United States Citizenship and Immigration Services has
the information it needs to carry out its mission: Provided further,
That notwithstanding any other provision of law, funds available
to United States Citizenship and Immigration Services may be
used to acquire, operate, equip, and dispose of up to five vehicles
for areas where the Administrator of General Services does not
provide vehicles for lease: Provided further, That the Director of
United States Citizenship and Immigration Services may authorize
employees who are assigned to those areas to use such vehicles
between the employees’ residences and places of employment.
Security checks.
Plan.
FEDERAL LAW ENFORCEMENT TRAINING CENTER
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SALARIES AND EXPENSES
For necessary expenses of the Federal Law Enforcement
Training Center, including materials and support costs of Federal
law enforcement basic training; purchase of not to exceed 117
vehicles for police-type use and hire of passenger motor vehicles;
expenses for student athletic and related activities; the conduct
of and participation in firearms matches and presentation of
awards; public awareness and enhancement of community support
of law enforcement training; room and board for student interns;
a flat monthly reimbursement to employees authorized to use personal mobile phones for official duties; and services as authorized
by section 3109 of title 5, United States Code; $238,076,000, of
which up to $48,111,000 for materials and support costs of Federal
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121 STAT. 2068
PUBLIC LAW 110–161—DEC. 26, 2007
law enforcement basic training shall remain available until September 30, 2009; of which $300,000 shall remain available until
expended for Federal law enforcement agencies participating in
training accreditation, to be distributed as determined by the Federal Law Enforcement Training Center for the needs of participating
agencies; and of which not to exceed $12,000 shall be for official
reception and representation expenses: Provided, That of the
amount provided under this heading, $17,000,000 is designated
as described in section 5 (in the matter preceding division A of
this consolidated Act): Provided further, That the Center is authorized to obligate funds in anticipation of reimbursements from agencies receiving training sponsored by the Center, except that total
obligations at the end of the fiscal year shall not exceed total
budgetary resources available at the end of the fiscal year: Provided
further, That section 1202(a) of Public Law 107–206 (42 U.S.C.
3771 note) as amended by Public Law 109–295 (120 Stat. 1374)
is further amended by striking ‘‘December 31, 2007’’ and inserting
‘‘December 31, 2010’’.
ACQUISITIONS, CONSTRUCTION, IMPROVEMENTS, AND RELATED
EXPENSES
For acquisition of necessary additional real property and facilities, construction, and ongoing maintenance, facility improvements,
and related expenses of the Federal Law Enforcement Training
Center, $50,590,000, to remain available until expended: Provided,
That of the amount provided under this heading, $4,000,000 is
designated as described in section 5 (in the matter preceding division A of this consolidated Act): Provided further, That the Center
is authorized to accept reimbursement to this appropriation from
government agencies requesting the construction of special use
facilities.
SCIENCE
AND
TECHNOLOGY
MANAGEMENT AND ADMINISTRATION
For salaries and expenses of the Office of the Under Secretary
for Science and Technology and for management and administration
of programs and activities, as authorized by title III of the Homeland Security Act of 2002 (6 U.S.C. 181 et seq.), $138,600,000:
Provided, That not to exceed $10,000 shall be for official reception
and representation expenses.
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RESEARCH, DEVELOPMENT, ACQUISITION, AND OPERATIONS
For necessary expenses for science and technology research,
including advanced research projects; development; test and evaluation; acquisition; and operations; as authorized by title III of the
Homeland Security Act of 2002 (6 U.S.C. 181 et seq.); $691,735,000,
to remain available until expended: Provided, That none of the
funds made available under this heading shall be obligated for
the Analysis, Dissemination, Visualization, Insight, and Semantic
Enhancement program or any follow-on or successor program.
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PUBLIC LAW 110–161—DEC. 26, 2007
121 STAT. 2069
DOMESTIC NUCLEAR DETECTION OFFICE
MANAGEMENT AND ADMINISTRATION
For salaries and expenses of the Domestic Nuclear Detection
Office as authorized by the second title XVIII of the Homeland
Security Act of 2002 and for management and administration of
programs and activities, $31,500,000: Provided, That not to exceed
$3,000 shall be for official reception and representation expenses.
RESEARCH, DEVELOPMENT, AND OPERATIONS
For necessary expenses for radiological and nuclear research,
development, testing, evaluation, and operations, $323,500,000, to
remain available until expended.
SYSTEMS ACQUISITION
For expenses for the Domestic Nuclear Detection Office acquisition and deployment of radiological detection systems in accordance
with the global nuclear detection architecture, $129,750,000, to
remain available until September 30, 2010: Provided, That none
of the funds appropriated under this heading shall be obligated
for full-scale procurement of Advanced Spectroscopic Portal Monitors until the Secretary of Homeland Security submits to the
Committees on Appropriations of the Senate and the House of
Representatives a report certifying that a significant increase in
operational effectiveness will be achieved: Provided further, That
the Secretary shall submit separate and distinct certifications prior
to the procurement of Advanced Spectroscopic Portal Monitors for
primary and secondary deployment that address the unique requirements for operational effectiveness of each type of deployment:
Provided further, That the Secretary of Homeland Security shall
consult with the National Academy of Sciences before making such
certification: Provided further, That none of the funds appropriated
under this heading shall be used for high-risk concurrent development and production of mutually dependent software and hardware.
Reports.
Certification.
Certifications.
Consultation.
TITLE V
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GENERAL PROVISIONS
SEC. 501. No part of any appropriation contained in this Act
shall remain available for obligation beyond the current fiscal year
unless expressly so provided herein.
SEC. 502. Subject to the requirements of section 503 of this
Act, the unexpended balances of prior appropriations provided for
activities in this Act may be transferred to appropriation accounts
for such activities established pursuant to this Act: Provided, That
balances so transferred may be merged with funds in the applicable
established accounts and thereafter may be accounted for as one
fund for the same time period as originally enacted.
SEC. 503. (a) None of the funds provided by this Act, provided
by previous appropriations Acts to the agencies in or transferred
to the Department of Homeland Security that remain available
for obligation or expenditure in fiscal year 2008, or provided from
any accounts in the Treasury of the United States derived by
the collection of fees available to the agencies funded by this Act,
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Notifications.
Deadlines.
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121 STAT. 2070
Approval.
Deadline.
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PUBLIC LAW 110–161—DEC. 26, 2007
shall be available for obligation or expenditure through a reprogramming of funds that: (1) creates a new program, project,
or activity; (2) eliminates a program, project, office, or activity;
(3) increases funds for any program, project, or activity for which
funds have been denied or restricted by the Congress; (4) proposes
to use funds directed for a specific activity by either of the Committees on Appropriations of the Senate or the House of Representatives for a different purpose; or (5) contracts out any function
or activity for which funding levels were requested for Federal
full-time equivalents in the object classification tables contained
in the fiscal year 2008 Budget Appendix for the Department of
Homeland Security, as specified in the explanatory statement
described in section 4 (in the matter preceding division A of this
consolidated Act), unless the Committees on Appropriations of the
Senate and the House of Representatives are notified 15 days
in advance of such reprogramming of funds.
(b) None of the funds provided by this Act, provided by previous
appropriations Acts to the agencies in or transferred to the Department of Homeland Security that remain available for obligation
or expenditure in fiscal year 2008, or provided from any accounts
in the Treasury of the United States derived by the collection
of fees available to the agencies funded by this Act, shall be available for obligation or expenditure for programs, projects, or activities
through a reprogramming of funds in excess of $5,000,000 or 10
percent, whichever is less, that: (1) augments existing programs,
projects, or activities; (2) reduces by 10 percent funding for any
existing program, project, or activity, or numbers of personnel by
10 percent as approved by the Congress; or (3) results from any
general savings from a reduction in personnel that would result
in a change in existing programs, projects, or activities as approved
by the Congress; unless the Committees on Appropriations of the
Senate and the House of Representatives are notified 15 days
in advance of such reprogramming of funds.
(c) Not to exceed 5 percent of any appropriation made available
for the current fiscal year for the Department of Homeland Security
by this Act or provided by previous appropriations Acts may be
transferred between such appropriations, but no such appropriations, except as otherwise specifically provided, shall be increased
by more than 10 percent by such transfers: Provided, That any
transfer under this section shall be treated as a reprogramming
of funds under subsection (b) and shall not be available for obligation unless the Committees on Appropriations of the Senate and
the House of Representatives are notified 15 days in advance of
such transfer.
(d) Notwithstanding subsections (a), (b), and (c) of this section,
no funds shall be reprogrammed within or transferred between
appropriations after June 30, except in extraordinary circumstances
which imminently threaten the safety of human life or the protection of property.
SEC. 504. None of the funds appropriated or otherwise made
available to the Department of Homeland Security may be used
to make payments to the ‘‘Department of Homeland Security
Working Capital Fund’’, except for the activities and amounts
allowed in the President’s fiscal year 2008 budget, excluding sedan
service, shuttle service, transit subsidy, mail operations, parking,
and competitive sourcing: Provided, That any additional activities
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PUBLIC LAW 110–161—DEC. 26, 2007
121 STAT. 2071
and amounts shall be approved by the Committees on Appropriations of the Senate and the House of Representatives 30 days
in advance of obligation.
SEC. 505. Except as otherwise specifically provided by law,
not to exceed 50 percent of unobligated balances remaining available
at the end of fiscal year 2008 from appropriations for salaries
and expenses for fiscal year 2008 in this Act shall remain available
through September 30, 2009, in the account and for the purposes
for which the appropriations were provided: Provided, That prior
to the obligation of such funds, a request shall be submitted to
the Committees on Appropriations of the Senate and the House
of Representatives for approval in accordance with section 503
of this Act.
SEC. 506. Funds made available by this Act for intelligence
activities are deemed to be specifically authorized by the Congress
for purposes of section 504 of the National Security Act of 1947
(50 U.S.C. 414) during fiscal year 2008 until the enactment of
an Act authorizing intelligence activities for fiscal year 2008.
SEC. 507. The Federal Law Enforcement Training Accreditation
Board shall lead the Federal law enforcement training accreditation
process, to include representatives from the Federal law enforcement community and non-Federal accreditation experts involved
in law enforcement training, to continue the implementation of
measuring and assessing the quality and effectiveness of Federal
law enforcement training programs, facilities, and instructors.
SEC. 508. None of the funds in this Act may be used to make
a grant allocation, discretionary grant award, discretionary contract
award, or to issue a letter of intent totaling in excess of $1,000,000,
or to announce publicly the intention to make such an award,
including a contract covered by the Federal Acquisition Regulation,
unless the Secretary of Homeland Security notifies the Committees
on Appropriations of the Senate and the House of Representatives
at least three full business days in advance: Provided, That no
notification shall involve funds that are not available for obligation:
Provided further, That the notification shall include the amount
of the award, the fiscal year in which the funds for the award
were appropriated, and the account from which the funds are being
drawn: Provided further, That the Federal Emergency Management
Agency shall brief the Committees on Appropriations of the Senate
and the House of Representatives five full business days in advance
of announcing publicly the intention of making an award of State
Homeland Security grants; Urban Area Security Initiative grants;
or Regional Catastrophic Preparedness Grants.
SEC. 509. Notwithstanding any other provision of law, no agency
shall purchase, construct, or lease any additional facilities, except
within or contiguous to existing locations, to be used for the purpose
of conducting Federal law enforcement training without the advance
approval of the Committees on Appropriations of the Senate and
the House of Representatives, except that the Federal Law Enforcement Training Center is authorized to obtain the temporary use
of additional facilities by lease, contract, or other agreement for
training which cannot be accommodated in existing Center facilities.
SEC. 510. The Director of the Federal Law Enforcement
Training Center shall schedule basic and/or advanced law enforcement training at all four training facilities under the control of
the Federal Law Enforcement Training Center to ensure that these
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Approval request.
Notification.
Deadline.
Briefing.
Deadline.
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121 STAT. 2072
Certification.
Reports.
Deadline.
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PUBLIC LAW 110–161—DEC. 26, 2007
training centers are operated at the highest capacity throughout
the fiscal year.
SEC. 511. None of the funds appropriated or otherwise made
available by this Act may be used for expenses for any construction,
repair, alteration, or acquisition project for which a prospectus,
if required under chapter 33 of title 40, United States Code, has
not been approved, except that necessary funds may be expended
for each project for required expenses for the development of a
proposed prospectus.
SEC. 512. None of the funds in this Act may be used in contravention of the applicable provisions of the Buy American Act
(41 U.S.C. 10a et seq.).
SEC. 513. (a) None of the funds provided by this or previous
appropriations Acts may be obligated for deployment or implementation, on other than a test basis, of the Secure Flight program
or any other follow-on or successor passenger prescreening program,
until the Secretary of Homeland Security certifies, and the Government Accountability Office reports, to the Committees on Appropriations of the Senate and the House of Representatives, that all
ten of the conditions contained in paragraphs (1) through (10)
of section 522(a) of Public Law 108–334 (118 Stat. 1319) have
been successfully met.
(b) The report required by subsection (a) shall be submitted
within 90 days after the Secretary provides the requisite certification, and periodically thereafter, if necessary, until the Government Accountability Office confirms that all ten conditions have
been successfully met.
(c) Within 90 days after the date of enactment of this Act,
the Secretary of Homeland Security shall submit to the Committees
on Appropriations of the Senate and the House of Representatives
a detailed plan that describes: (1) the dates for achieving key
milestones, including the date or timeframes that the Secretary
will certify the program under subsection (a); and (2) the methodology to be followed to support the Secretary’s certification, as
required under subsection (a).
(d) During the testing phase permitted by subsection (a), no
information gathered from passengers, foreign or domestic air carriers, or reservation systems may be used to screen aviation passengers, or delay or deny boarding to such passengers, except in
instances where passenger names are matched to a Government
watch list.
(e) None of the funds provided in this or previous appropriations
Acts may be utilized to develop or test algorithms assigning risk
to passengers whose names are not on Government watch lists.
(f) None of the funds provided in this or any other Act may
be used for data or a database that is obtained from or remains
under the control of a non-Federal entity: Provided, That this
restriction shall not apply to Passenger Name Record data obtained
from air carriers.
SEC. 514. None of the funds made available in this Act may
be used to amend the oath of allegiance required by section 337
of the Immigration and Nationality Act (8 U.S.C. 1448).
SEC. 515. None of the funds appropriated by this Act may
be used to process or approve a competition under Office of Management and Budget Circular A–76 for services provided as of June
1, 2004, by employees (including employees serving on a temporary
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121 STAT. 2073
or term basis) of United States Citizenship and Immigration Services of the Department of Homeland Security who are known as
of that date as Immigration Information Officers, Contact Representatives, or Investigative Assistants.
SEC. 516. None of the funds appropriated to the United States
Secret Service by this Act or by previous appropriations Acts may
be made available for the protection of the head of a Federal
agency other than the Secretary of Homeland Security: Provided,
That the Director of the United States Secret Service may enter
into an agreement to perform such service on a fully reimbursable
basis.
SEC. 517. Section 517(b) of the Department of Homeland Security Appropriations Act, 2007 (18 U.S.C. 3056 note) is amended
to read as follows:
‘‘(b) For fiscal year 2008, and each fiscal year thereafter, the
Director of the United States Secret Service may enter into an
agreement to perform protection of a Federal official other than
a person granted protection under section 3056(a) of title 18, United
States Code, on a fully reimbursable basis.’’.
SEC. 518. (a) The Secretary of Homeland Security shall
research, develop, and procure new technologies to inspect and
screen air cargo carried on passenger aircraft at the earliest date
possible.
(b) Existing checked baggage explosive detection equipment
and screeners shall be utilized to screen air cargo carried on passenger aircraft to the greatest extent practicable at each airport
until technologies developed under subsection (a) are available.
(c) The Assistant Secretary (Transportation Security Administration) shall work with air carriers and airports to ensure that
the screening of cargo carried on passenger aircraft, as defined
in section 44901(g)(5) of title 49, United States Code, increases
incrementally each quarter.
(d) Not later than 45 days after the end of each quarter,
the Assistant Secretary (Transportation Security Administration)
shall submit to the Committees on Appropriations of the Senate
and the House of Representatives a report on air cargo inspection
statistics by airport and air carrier detailing the incremental
progress being made to meet section 44901(g)(2) of title 49, United
States Code.
SEC. 519. None of the funds made available in this Act may
be used by any person other than the Privacy Officer appointed
under section 222 of the Homeland Security Act of 2002 (6 U.S.C.
142) to alter, direct that changes be made to, delay, or prohibit
the transmission to Congress of any report prepared under paragraph (6) of such section.
SEC. 520. No funding made available to the Department of
Homeland Security in this Act shall be available to pay the salary
of any employee serving as a contracting officer’s technical representative (COTR), or anyone acting in a similar capacity, who
has not received COTR training.
SEC. 521. Except as provided in section 44945 of title 49,
United States Code, funds appropriated or transferred to Transportation Security Administration ‘‘Aviation Security’’, ‘‘Administration’’ and ‘‘Transportation Security Support’’ for fiscal years 2004,
2005, 2006, and 2007 that are recovered or deobligated shall be
available only for the procurement or installation of explosives
detection systems, for air cargo, baggage, and checkpoint screening
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Reports.
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Reports.
Applicability.
31 USC 501 note.
Certification.
Deadline.
Reports.
120 Stat. 1384.
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PUBLIC LAW 110–161—DEC. 26, 2007
systems, subject to notification: Provided, That quarterly reports
shall be submitted to the Committees on Appropriations of the
Senate and the House of Representatives on any funds that are
recovered or deobligated.
SEC. 522. Section 525(d) of the Department of Homeland Security Appropriations Act, 2007 (Public Law 109–295; 120 Stat. 1382)
shall apply to fiscal year 2008.
SEC. 523. Any funds appropriated to United States Coast
Guard, ‘‘Acquisition, Construction, and Improvements’’ for fiscal
years 2002, 2003, 2004, 2005, and 2006 for the 110–123 foot patrol
boat conversion that are recovered, collected, or otherwise received
as the result of negotiation, mediation, or litigation, shall be available until expended for the Replacement Patrol Boat (FRC–B) program.
SEC. 524. The Department of Homeland Security Working Capital Fund, established pursuant to section 403 of Public Law 103–
356 (31 U.S.C. 501 note), shall continue operations during fiscal
year 2008.
SEC. 525. None of the funds provided in this Act shall be
available to commence operations of the National Applications Office
or the National Immigration Information Sharing Operation until
the Secretary certifies that these programs comply with all existing
laws, including all applicable privacy and civil liberties standards,
and that certification is reviewed by the Government Accountability
Office.
SEC. 526. Within 45 days after the close of each month, the
Chief Financial Officer of the Department of Homeland Security
shall submit to the Committees on Appropriations of the Senate
and the House of Representatives a monthly budget and staffing
report that includes total obligations, on-board versus funded fulltime equivalent staffing levels, and the number of contract
employees by office.
SEC. 527. Section 532(a) of Public Law 109–295 is amended
by striking ‘‘2007’’ and inserting ‘‘2008’’.
SEC. 528. None of the funds made available by this Act shall
be used in contravention of the Federal buildings performance and
reporting requirements of Executive Order No. 13123, part 3 of
title V of the National Energy Conservation Policy Act (42 U.S.C.
8251 et seq.), or subtitle A of title I of the Energy Policy Act
of 2005 (including the amendments made thereby).
SEC. 529. The functions of the Federal Law Enforcement
Training Center instructor staff shall be classified as inherently
governmental for the purpose of the Federal Activities Inventory
Reform Act of 1998 (31 U.S.C. 501 note).
SEC. 530. None of the funds made available in this Act may
be used in contravention of section 303 of the Energy Policy Act
of 1992 (42 U.S.C. 13212).
SEC. 531. None of the funds made available by this Act may
be used to take an action that would violate Executive Order
No. 13149 (65 Fed. Reg. 24607; relating to greening the Government
through Federal fleet and transportation efficiency).
SEC. 532. Subsections (a), (b), and (d)(1) of section 6402 of
the U.S. Troop Readiness, Veterans’ Care, Katrina Recovery, and
Iraq Accountability Appropriations Act, 2007 (Public Law 110–28)
shall apply to fiscal year 2008.
SEC. 533. None of the funds provided by this or any other
Act may be obligated for the development, testing, deployment,
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or operation of any system related to the MAX–HR project, or
any subsequent but related human resources management project,
until any pending litigation concerning such activities is resolved,
and any legal claim or appeal by either party has been fully
resolved.
SEC. 534. Section 550 of the Department of Homeland Security
Appropriations Act, 2007 (6 U.S.C. 121 note) is amended by adding
at the end the following:
‘‘(h) This section shall not preclude or deny any right of any
State or political subdivision thereof to adopt or enforce any regulation, requirement, or standard of performance with respect to chemical facility security that is more stringent than a regulation,
requirement, or standard of performance issued under this section,
or otherwise impair any right or jurisdiction of any State with
respect to chemical facilities within that State, unless there is
an actual conflict between this section and the law of that State.’’.
SEC. 535. (a) AMENDMENTS RELATING TO THE CIVIL SERVICE
RETIREMENT SYSTEM.—
(1) DEFINITIONS.—Section 8331 of title 5, United States
Code, is amended—
(A) by striking ‘‘and’’ at the end of paragraph (28),
by striking the period at the end of the first paragraph
(29) and inserting a semicolon, by redesignating the second
paragraph (29) as paragraph (30), and by striking the
period at the end of paragraph (30) (as so redesignated)
and inserting ‘‘; and’’; and
(B) by adding at the end the following:
‘‘(31) ‘customs and border protection officer’ means an
employee in the Department of Homeland Security (A) who
holds a position within the GS–1895 job series (determined
applying the criteria in effect as of September 1, 2007) or
any successor position, and (B) whose duties include activities
relating to the arrival and departure of persons, conveyances,
and merchandise at ports of entry, including any such employee
who is transferred directly to a supervisory or administrative
position in the Department of Homeland Security after performing such duties (as described in subparagraph (B)) in 1
or more positions (as described in subparagraph (A)) for at
least 3 years.’’.
(2) DEDUCTIONS, CONTRIBUTIONS, AND DEPOSITS.—Section
8334 of title 5, United States Code, is amended—
(A) in subsection (a)(1)(A), by striking ‘‘or nuclear materials courier,’’ and inserting ‘‘nuclear materials courier, or
customs and border protection officer,’’; and
(B) in the table contained in subsection (c), by adding
at the end the following:
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‘‘Customs and border protection officer
7.5
After June 29, 2008.’’.
(3) MANDATORY SEPARATION.—The first sentence of section
8335(b)(1) of title 5, United States Code, is amended by striking
‘‘or nuclear materials courier’’ and inserting ‘‘nuclear materials
courier, or customs and border protection officer’’.
(4) IMMEDIATE RETIREMENT.—Section 8336 of title 5, United
States Code, is amended—
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PUBLIC LAW 110–161—DEC. 26, 2007
(A) in subsection (c)(1), by striking ‘‘or nuclear materials courier’’ and inserting ‘‘nuclear materials courier, or
customs and border protection officer’’; and
(B) in subsections (m) and (n), by striking ‘‘or as a
law enforcement officer,’’ and inserting ‘‘as a law enforcement officer, or as a customs and border protection officer,’’.
(b) AMENDMENTS RELATING TO THE FEDERAL EMPLOYEES’
RETIREMENT SYSTEM.—
(1) DEFINITIONS.—Section 8401 of title 5, United States
Code, is amended—
(A) in paragraph (34), by striking ‘‘and’’ at the end;
(B) in paragraph (35), by striking the period and
inserting ‘‘; and’’; and
(C) by adding at the end the following:
‘‘(36) the term ‘customs and border protection officer’ means
an employee in the Department of Homeland Security (A) who
holds a position within the GS–1895 job series (determined
applying the criteria in effect as of September 1, 2007) or
any successor position, and (B) whose duties include activities
relating to the arrival and departure of persons, conveyances,
and merchandise at ports of entry, including any such employee
who is transferred directly to a supervisory or administrative
position in the Department of Homeland Security after performing such duties (as described in subparagraph (B)) in 1
or more positions (as described in subparagraph (A)) for at
least 3 years.’’.
(2) IMMEDIATE RETIREMENT.—Paragraphs (1) and (2) of section 8412(d) of title 5, United States Code, are amended by
striking ‘‘or nuclear materials courier,’’ and inserting ‘‘nuclear
materials courier, or customs and border protection officer,’’.
(3) COMPUTATION OF BASIC ANNUITY.—Section 8415(h)(2)
of title 5, United States Code, is amended by striking ‘‘or
air traffic controller.’’ and inserting ‘‘air traffic controller, or
customs and border protection officer’’.
(4) DEDUCTIONS FROM PAY.—The table contained in section
8422(a)(3) of title 5, United States Code, is amended by adding
at the end the following:
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‘‘Customs and border protection officer
7.5
After June 29, 2008.’’.
(5) GOVERNMENT CONTRIBUTIONS.—Paragraphs (1)(B)(i) and
(3) of section 8423(a) of title 5, United States Code, are amended
by inserting ‘‘customs and border protection officers,’’ after
‘‘nuclear materials couriers,’’ each place it appears.
(6) MANDATORY SEPARATION.—Section 8425(b)(1) of title 5,
United States Code, is amended—
(A) by striking ‘‘or nuclear materials courier who’’ and
inserting ‘‘nuclear materials courier, or customs and border
protection officer who’’; and
(B) by striking ‘‘or nuclear materials courier,’’ and
inserting ‘‘nuclear materials courier, or customs and border
protection officer’’.
(c) MAXIMUM AGE FOR ORIGINAL APPOINTMENT.—Section 3307
of title 5, United States Code, is amended by adding at the end
the following:
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121 STAT. 2077
‘‘(g) The Secretary of Homeland Security may determine and
fix the maximum age limit for an original appointment to a position
as a customs and border protection officer, as defined by section
8401(36).’’.
(d) REGULATIONS.—Any regulations necessary to carry out the
amendments made by this section shall be prescribed by the
Director of the Office of Personnel Management in consultation
with the Secretary of Homeland Security.
(e) EFFECTIVE DATE; TRANSITION RULES.—
(1) EFFECTIVE DATE.—The amendments made by this section shall become effective on the later of June 30, 2008, or
the first day of the first pay period beginning at least 6 months
after the date of the enactment of this Act.
(2) TRANSITION RULES.—
(A) NONAPPLICABILITY OF MANDATORY SEPARATION
PROVISIONS TO CERTAIN INDIVIDUALS.—The amendments
made by subsections (a)(3) and (b)(6), respectively, shall
not apply to an individual first appointed as a customs
and border protection officer before the effective date under
paragraph (1).
(B) TREATMENT OF PRIOR CBPO SERVICE.—
(i) GENERAL RULE.—Except as provided in clause
(ii), nothing in this section or any amendment made
by this section shall be considered to apply with respect
to any service performed as a customs and border
protection officer before the effective date under paragraph (1).
(ii) EXCEPTION.—Service described in section
8331(31) or 8401(36) of title 5, United States Code
(as amended by this section) rendered before the effective date under paragraph (1) may be taken into
account to determine if an individual who is serving
on or after such effective date then qualifies as a
customs and border protection officer by virtue of
holding a supervisory or administrative position in the
Department of Homeland Security.
(C) MINIMUM ANNUITY AMOUNT.—The annuity of an
individual serving as a customs and border protection
officer on the effective date under paragraph (1) pursuant
to an appointment made before that date shall, to the
extent that its computation is based on service rendered
as a customs and border protection officer on or after
that date, be at least equal to the amount that would
be payable—
(i) to the extent that such service is subject to
the Civil Service Retirement System, by applying section 8339(d) of title 5, United States Code, with respect
to such service; and
(ii) to the extent such service is subject to the
Federal Employees’ Retirement System, by applying
section 8415(d) of title 5, United States Code, with
respect to such service.
(D) RULE OF CONSTRUCTION.—Nothing in the amendment made by subsection (c) shall be considered to apply
with respect to any appointment made before the effective
date under paragraph (1).
(3) ELECTION.—
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5 USC 3307 note.
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(A) INCUMBENT DEFINED.—For purposes of this paragraph, the term ‘‘incumbent’’ means an individual who
is serving as a customs and border protection officer on
the date of the enactment of this Act.
(B) NOTICE REQUIREMENT.—Not later than 30 days
after the date of the enactment of this Act, the Director
of the Office of Personnel Management shall take measures
reasonably designed to ensure that incumbents are notified
as to their election rights under this paragraph, and the
effect of making or not making a timely election.
(C) ELECTION AVAILABLE TO INCUMBENTS.—
(i) IN GENERAL.—An incumbent may elect, for all
purposes, either—
(I) to be treated in accordance with the amendments made by subsection (a) or (b), as applicable;
or
(II) to be treated as if subsections (a) and
(b) had never been enacted.
Failure to make a timely election under this paragraph
shall be treated in the same way as an election made
under subclause (I) on the last day allowable under
clause (ii).
(ii) DEADLINE.—An election under this paragraph
shall not be effective unless it is made at least 14
days before the effective date under paragraph (1).
(4) DEFINITION.—For purposes of this subsection, the term
‘‘customs and border protection officer’’ has the meaning given
such term by section 8331(31) or 8401(36) of title 5, United
States Code (as amended by this section).
(5) EXCLUSION.—Nothing in this section or any amendment
made by this section shall be considered to afford any election
or to otherwise apply with respect to any individual who, as
of the day before the date of the enactment of this Act—
(A) holds a position within U.S. Customs and Border
Protection; and
(B) is considered a law enforcement officer for purposes
of subchapter III of chapter 83 or chapter 84 of title 5,
United States Code, by virtue of such position.
SEC. 536. In fiscal year 2008, none of the funds made available
in this or any other Act may be used to enforce section 4025(1)
of Public Law 108–458 unless the Assistant Secretary (Transportation Security Administration) reverses the determination of July
19, 2007, that butane lighters are not a significant threat to civil
aviation security.
SEC. 537. None of the funds provided in this Act may be
used to alter or reduce operations within the Civil Engineering
Program of the Coast Guard nationwide, including the civil
engineering units, facilities, design and construction centers,
maintenance and logistics command centers, and the Coast Guard
Academy, except as specifically authorized by a statute enacted
after the date of the enactment of this Act.
SEC. 538. The cumulative amount appropriated in title I of
this Act for the ‘‘Office of the Secretary and Executive Management’’
and the ‘‘Office of the Under Secretary for Management’’ shall
be reduced by $5,000,000.
SEC. 539. (a) Except as provided in subsection (b), none of
the funds appropriated in this Act to the Office of the Secretary
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121 STAT. 2079
and Executive Management, the Office of the Under Secretary
for Management and the Office of the Chief Financial Officer,
may be obligated for a grant or contract awarded by a means
other than full and open competition.
(b) This section does not apply to obligation of funds for a
contract awarded—
(1) by a means that is required by a Federal statute,
including obligation for a purchase made under a mandated
preferential program, such as the AbilityOne Program, that
is authorized under the Javits-Wagner-O’Day Act (41 U.S.C.
46–48c); or
(2) under the Small Business Act (15 U.S.C. 631 et seq.).
(c) The Secretary of Homeland Security may waive the application of this section to the award of a contract in the period of
a national emergency determined by the Secretary.
(d) In addition to the requirements established by this section,
the Inspector General for the Department of Homeland Security
shall review departmental contracts awarded through other than
full and open competition to assess departmental compliance with
applicable laws and regulations: Provided, That the Inspector General shall review selected contracts awarded during the previous
fiscal year through other than full and open competition: Provided
further, That in determining which contracts to review, the
Inspector General shall consider the cost and complexity of the
goods and services to be provided under the contract, the criticality
of the contract to fulfilling Department missions, past performance
problems on similar contracts or by the selected vendor, complaints
received about the award process or contractor performance, and
such other factors as the Inspector General deems relevant: Provided further, That the Inspector General shall report the results
of the reviews to the Committees on Appropriations of the Senate
and the House of Representatives.
SEC. 540. Section 44940(a)(2) of title 49, United States Code,
is amended by striking the period in the last sentence of subparagraph (A) and the clause (iv) of subparagraph B and adding the
following, ‘‘except for estimates and additional collections made
pursuant to the appropriation for Aviation Security in Public Law
108–334: Provided, That such judicial review shall be pursuant
to section 46110 of title 49, United States Code: Provided further,
That such judicial review shall be limited only to additional amounts
collected by the Secretary before October 1, 2007.’’.
SEC. 541. None of the funds provided by this or previous appropriations Acts shall be used to fund any position designated as
a Principal Federal Official for any Robert T. Stafford Disaster
Relief and Emergency Assistance Act declared disasters or emergencies.
SEC. 542. Section 46301(a) of title 49, United States Code,
is amended by adding at the end the following:
‘‘(6) FAILURE TO COLLECT AIRPORT SECURITY BADGES.—
Notwithstanding paragraph (1), any employer (other than a
governmental entity or airport operator) who employs an
employee to whom an airport security badge or other identifier
used to obtain access to a secure area of an airport is issued
before, on, or after the date of enactment of this paragraph
and who does not collect or make reasonable efforts to collect
such badge from the employee on the date that the employment
of the employee is terminated and does not notify the operator
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Notification.
Deadline.
Penalties.
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PUBLIC LAW 110–161—DEC. 26, 2007
of the airport of such termination within 24 hours of the date
of such termination shall be liable to the Government for a
civil penalty not to exceed $10,000.’’.
SEC. 543. None of the funds made available in this Act may
be used by United States Citizenship and Immigration Services
to grant an immigration benefit unless the results of background
checks required by law to be completed prior to the grant of the
benefit have been received by United States Citizenship and
Immigration Services, and the results do not preclude the grant
of the benefit.
SEC. 544. None of the funds made available in this Act may
be used to destroy or put out to pasture any horse or other equine
belonging to the Federal Government that has become unfit for
service, unless the trainer or handler is first given the option
to take possession of the equine through an adoption program
that has safeguards against slaughter and inhumane treatment.
SEC. 545. EXTENSION OF THE IMPLEMENTATION DEADLINE FOR
THE WESTERN HEMISPHERE TRAVEL INITIATIVE. Subparagraph (A)
of section 7209(b)(1) of the Intelligence Reform and Terrorism
Prevention Act of 2004 (Public Law 108–458; 8 U.S.C. 1185 note)
is amended by striking ‘‘This plan shall be implemented not later
than 3 months after the Secretary of State and the Secretary
of Homeland Security make the certifications required in subsection
(B), or June 1, 2009, whichever is earlier.’’ and inserting ‘‘Such
plan may not be implemented earlier than the date that is the
later of 3 months after the Secretary of State and the Secretary
of Homeland Security make the certification required in subparagraph (B) or June 1, 2009.’’.
SEC. 546. None of the funds provided in this Act shall be
available to carry out section 872 of Public Law 107–296.
SEC. 547. None of the funds provided in this Act under the
heading ‘‘Office of the Chief Information Officer’’ shall be used
for data center development other than for the National Center
for Critical Information Processing and Storage until the Chief
Information Officer certifies that the National Center for Critical
Information Processing and Storage is fully utilized, to the maximum extent feasible, as the Department’s primary data storage
center at the highest capacity throughout the fiscal year.
SEC. 548. None of the funds in this Act shall be used to
reduce the United States Coast Guard’s Operations Systems Center
mission or its government-employed or contract staff levels.
SEC. 549. None of the funds appropriated by this Act may
be used to conduct, or to implement the results of, a competition
under Office of Management and Budget Circular A–76 for activities
performed with respect to the Coast Guard National Vessel Documentation Center.
SEC. 550. (a) Notwithstanding section 503 of this Act, up to
$24,000,000 from prior year balances currently available to the
Transportation Security Administration may be transferred to
‘‘Transportation Threat Assessment and Credentialing’’ for the
Secure Flight program.
(b) In carrying out the transfer authority under subsection
(a), the Transportation Security Administration shall not utilize
any prior year balances from the following programs: screener partnership program; explosives detection system purchase; explosives
detection system installation; checkpoint support; aviation regulation and other enforcement; air cargo; and air cargo research and
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121 STAT. 2081
development: Provided, That any funds proposed to be transferred
under this section shall not be available for obligation until the
Committees on Appropriations of the Senate and the House of
Representatives receive and approve a plan for expenditure for
such funds that is submitted by the Secretary of Homeland Security:
Provided further, That the plan shall be submitted simultaneously
to the Government Accountability Office for review consistent with
its ongoing assessment of the Secure Flight Program as mandated
by section 522(a) of Public Law 108–334 (118 Stat. 1319).
SEC. 551. RESCISSIONS. (a) The following unobligated balances
made available pursuant to section 505 of Public Law 109–295
are rescinded: $2,003,441 from U.S. Customs and Border Protection
‘‘Salaries and Expenses’’; $9,583,611 from Coast Guard ‘‘Operating
Expenses’’; $672,230 from ‘‘United States Citizenship and Immigration Services’’; $2,790,513 from Federal Emergency Management
Agency ‘‘Management and Administration’’; $127,994 from Federal
Emergency Management Agency ‘‘Disaster Assistance Direct Loan
Program Account’’; $5,136,819 from U.S. Immigration and Customs
Enforcement ‘‘Salaries and Expenses’’; $333,520 from Federal Law
Enforcement Training Center ‘‘Salaries and Expenses’’; $4,211,376
from the ‘‘Office of the Secretary and Executive Management’’;
$443,672 from the ‘‘Office of the Under Secretary for Management’’;
$380,166 from the ‘‘Office of the Chief Financial Officer’’; $493,106
from the ‘‘Office of the Chief Information Officer’’; $368,166 from
Domestic Nuclear Detection Office ‘‘Management and Administration’’; $45,369 from the ‘‘Office of Health Affairs’’; $32,299 from
the ‘‘Office of Inspector General’’; $1,994,454 from National Protection and Programs Directorate ‘‘Management and Administration’’;
and $216,727 from Science and Technology ‘‘Management and
Administration’’.
(b) From the unobligated balances of funds transferred to the
Department of Homeland Security when it was created in 2003,
$59,286,537 are rescinded: Provided, That the rescission made
under this subsection shall not be executed from the following
programs: Coast Guard Retired Pay; U.S. Immigration and Customs
Enforcement Violent Crime Reduction Program; Federal Law
Enforcement Training Center Instructor Salaries; and Federal
Emergency Management Agency National Security Support.
(c) Of the amounts available under the heading
‘‘Counterterrorism Fund’’, $8,480,000 are rescinded.
(d) Of the unobligated balances available in the ‘‘Department
of Homeland Security, Transportation Security Administration
Expenses’’ account, $4,500,000 are rescinded.
SEC. 552. Notwithstanding any other provision of law, the
Secretary of Homeland Security shall, under the Federal Emergency
Management Agency Public Assistance Program, provide a single
payment for any eligible costs for local educational agencies
impacted by Hurricanes Katrina or Rita within 30 days of such
request: Provided, That the payment for schools in Louisiana shall
be submitted to the Louisiana Department of Education, which
may expend up to 3 percent of those funds for administrative
costs: Provided further, That the Federal Emergency Management
Agency shall not reduce assistance in accordance with section
406(c)(1) of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act for local educational agencies impacted by Hurricanes Katrina or Rita: Provided further, That nothing in the previous proviso shall be construed to alter the appeals or review
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PUBLIC LAW 110–161—DEC. 26, 2007
process: Provided further, That section 406(d) of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act shall not
apply to more than one facility on a school site impacted by Hurricanes Katrina or Rita.
SEC. 553. TECHNICAL CORRECTIONS. (a) IN GENERAL.—
(1) REDESIGNATIONS.—Chapter 27 of title 18, United States
Code, is amended by redesignating section 554 added by section
551(a) of the Department of Homeland Security Appropriations
Act, 2007 (Public Law 109–295; 120 Stat. 1389) (relating to
border tunnels and passages) as section 555.
(2) TABLE OF SECTIONS.—The table of sections for chapter
27 of title 18, United States Code, is amended by striking
the item relating to section 554, ‘‘Border tunnels and passages’’,
and inserting the following:
‘‘555. Border tunnels and passages.’’.
28 USC 994 note.
Deadline.
Websites.
5 USC app. 6
note.
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Contracts.
Applicability.
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(b) CRIMINAL FORFEITURE.—Section 982(a)(6) of title 18, United
States Code, is amended by striking ‘‘554’’ and inserting ‘‘555’’.
(c) DIRECTIVE TO THE UNITED STATES SENTENCING COMMISSION.—Section 551(d) of the Department of Homeland Security
Appropriations Act, 2007 (Public Law 109–295; 120 Stat. 1390)
is amended in paragraphs (1) and (2)(A) by striking ‘‘554’’ and
inserting ‘‘555’’.
SEC. 554. Sections 2241, 2242, 2243, and 2244 of title 18,
United States Code, are each amended by striking ‘‘the Attorney
General’’ each place that term appears and inserting ‘‘the head
of any Federal department or agency’’.
SEC. 555. Not later than 30 days after the date of enactment
of this Act—
(1) the Secretary of Homeland Security shall establish and
maintain on the homepage of the website of the Department
of Homeland Security, a direct link to the website of the Office
of Inspector General of the Department of Homeland Security;
and
(2) the Inspector General of the Department of Homeland
Security shall establish and maintain on the homepage of the
website of the Office of Inspector General a direct link for
individuals to anonymously report waste, fraud, or abuse.
SEC. 556. The Secretary of Homeland Security shall require
that all contracts of the Department of Homeland Security that
provide award fees link such fees to successful acquisition outcomes
(which outcomes shall be specified in terms of cost, schedule, and
performance).
SEC. 557. None of the funds made available to the Office of
the Secretary and Executive Management under this Act may be
expended for any new hires by the Department of Homeland Security that are not verified through the basic pilot program required
under section 401 of the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996 (8 U.S.C. 1324a note).
SEC. 558. None of the funds made available in this Act for
U.S. Customs and Border Protection may be used to prevent an
individual not in the business of importing a prescription drug
(within the meaning of section 801(g) of the Federal Food, Drug,
and Cosmetic Act) from importing a prescription drug from Canada
that complies with the Federal Food, Drug, and Cosmetic Act:
Provided, That this section shall apply only to individuals transporting on their person a personal-use quantity of the prescription
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121 STAT. 2083
drug, not to exceed a 90-day supply: Provided further, That the
prescription drug may not be—
(1) a controlled substance, as defined in section 102 of
the Controlled Substances Act (21 U.S.C. 802); or
(2) a biological product, as defined in section 351 of the
Public Health Service Act (42 U.S.C. 262).
SEC. 559. None of the funds made available in this Act may
be used by the Secretary of Homeland Security or any delegate
of the Secretary to issue any rule or regulation which implements
the Notice of Proposed Rulemaking related to Petitions for Aliens
To Perform Temporary Nonagricultural Services or Labor (H–2B)
set out beginning on 70 Fed. Reg. 3984 (January 27, 2005).
SEC. 560. Notwithstanding any other provision of law,
Watsonville Community Hospital, or its successor trust, shall not
be required to pay the Federal Emergency Management Agency
additional funds related to DR–845.
SEC. 561. Notwithstanding any other provision of law, the
Secretary of Homeland Security shall provide, under the Federal
Emergency Management Agency Public Assistance Program, the
relocation costs as estimated by the Federal Emergency Management Agency on May 5, 2006, for the Peebles School in Iberia
Parish, Louisiana, which was damaged by Hurricane Rita in 2005.
SEC. 562. Notwithstanding any other provision of law, the
Secretary of Homeland Security shall provide, under the Federal
Emergency Management Agency Public Assistance Program, the
currently uncompensated debris removal costs from Super Typhoon
Paka and the firefighting costs associated with the Malojloj hardfill
fire in 1998.
SEC. 563. SECURE HANDLING OF AMMONIUM NITRATE.—(a) IN
GENERAL.—Title VIII of the Homeland Security Act of 2002 (6
U.S.C. 361 et seq.) is amended by adding at the end the following:
Louisiana.
‘‘Subtitle J—Secure Handling of
Ammonium Nitrate
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‘‘SEC. 899A. DEFINITIONS.
6 USC 488.
‘‘In this subtitle:
‘‘(1) AMMONIUM NITRATE.—The term ‘ammonium nitrate’
means—
‘‘(A) solid ammonium nitrate that is chiefly the ammonium salt of nitric acid and contains not less than 33
percent nitrogen by weight; and
‘‘(B) any mixture containing a percentage of ammonium
nitrate that is equal to or greater than the percentage
determined by the Secretary under section 899B(b).
‘‘(2) AMMONIUM NITRATE FACILITY.—The term ‘ammonium
nitrate facility’ means any entity that produces, sells or otherwise transfers ownership of, or provides application services
for ammonium nitrate.
‘‘(3) AMMONIUM NITRATE PURCHASER.—The term ‘ammonium nitrate purchaser’ means any person who purchases
ammonium nitrate from an ammonium nitrate facility.
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121 STAT. 2084
6 USC 488a.
‘‘SEC. 899B. REGULATION OF THE SALE AND TRANSFER OF AMMONIUM
NITRATE.
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‘‘(a) IN GENERAL.—The Secretary shall regulate the sale and
transfer of ammonium nitrate by an ammonium nitrate facility
in accordance with this subtitle to prevent the misappropriation
or use of ammonium nitrate in an act of terrorism.
‘‘(b) AMMONIUM NITRATE MIXTURES.—Not later than 90 days
after the date of the enactment of this subtitle, the Secretary,
in consultation with the heads of appropriate Federal departments
and agencies (including the Secretary of Agriculture), shall, after
notice and an opportunity for comment, establish a threshold
percentage for ammonium nitrate in a substance.
‘‘(c) REGISTRATION OF OWNERS OF AMMONIUM NITRATE FACILITIES.—
‘‘(1) REGISTRATION.—The Secretary shall establish a process
by which any person that—
‘‘(A) owns an ammonium nitrate facility is required
to register with the Department; and
‘‘(B) registers under subparagraph (A) is issued a registration number for purposes of this subtitle.
‘‘(2) REGISTRATION INFORMATION.—Any person applying to
register under paragraph (1) shall submit to the Secretary—
‘‘(A) the name, address, and telephone number of each
ammonium nitrate facility owned by that person;
‘‘(B) the name of the person designated by that person
as the point of contact for each such facility, for purposes
of this subtitle; and
‘‘(C) such other information as the Secretary may determine is appropriate.
‘‘(d) REGISTRATION OF AMMONIUM NITRATE PURCHASERS.—
‘‘(1) REGISTRATION.—The Secretary shall establish a process
by which any person that—
‘‘(A) intends to be an ammonium nitrate purchaser
is required to register with the Department; and
‘‘(B) registers under subparagraph (A) is issued a registration number for purposes of this subtitle.
‘‘(2) REGISTRATION INFORMATION.—Any person applying to
register under paragraph (1) as an ammonium nitrate purchaser shall submit to the Secretary—
‘‘(A) the name, address, and telephone number of the
applicant; and
‘‘(B) the intended use of ammonium nitrate to be purchased by the applicant.
‘‘(e) RECORDS.—
‘‘(1) MAINTENANCE OF RECORDS.—The owner of an ammonium nitrate facility shall—
‘‘(A) maintain a record of each sale or transfer of ammonium nitrate, during the two-year period beginning on the
date of that sale or transfer; and
‘‘(B) include in such record the information described
in paragraph (2).
‘‘(2) SPECIFIC INFORMATION REQUIRED.—For each sale or
transfer of ammonium nitrate, the owner of an ammonium
nitrate facility shall—
‘‘(A) record the name, address, telephone number, and
registration number issued under subsection (c) or (d) of
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PUBLIC LAW 110–161—DEC. 26, 2007
121 STAT. 2085
each person that purchases ammonium nitrate, in a
manner prescribed by the Secretary;
‘‘(B) if applicable, record the name, address, and telephone number of an agent acting on behalf of the person
described in subparagraph (A), at the point of sale;
‘‘(C) record the date and quantity of ammonium nitrate
sold or transferred; and
‘‘(D) verify the identity of the persons described in
subparagraphs (A) and (B), as applicable, in accordance
with a procedure established by the Secretary.
‘‘(3) PROTECTION OF INFORMATION.—In maintaining records
in accordance with paragraph (1), the owner of an ammonium
nitrate facility shall take reasonable actions to ensure the
protection of the information included in such records.
‘‘(f) EXEMPTION FOR EXPLOSIVE PURPOSES.—The Secretary may
exempt from this subtitle a person producing, selling, or purchasing
ammonium nitrate exclusively for use in the production of an explosive under a license or permit issued under chapter 40 of title
18, United States Code.
‘‘(g) CONSULTATION.—In carrying out this section, the Secretary
shall consult with the Secretary of Agriculture, States, and appropriate private sector entities, to ensure that the access of agricultural producers to ammonium nitrate is not unduly burdened.
‘‘(h) DATA CONFIDENTIALITY.—
‘‘(1) IN GENERAL.—Notwithstanding section 552 of title 5,
United States Code, or the USA PATRIOT ACT (Public Law
107–56; 115 Stat. 272), and except as provided in paragraph
(2), the Secretary may not disclose to any person any information obtained under this subtitle.
‘‘(2) EXCEPTION.—The Secretary may disclose any information obtained by the Secretary under this subtitle to—
‘‘(A) an officer or employee of the United States, or
a person that has entered into a contract with the United
States, who has a need to know the information to perform
the duties of the officer, employee, or person; or
‘‘(B) to a State agency under section 899D, under appropriate arrangements to ensure the protection of the
information.
‘‘(i) REGISTRATION PROCEDURES AND CHECK OF TERRORIST
SCREENING DATABASE.—
‘‘(1) REGISTRATION PROCEDURES.—
‘‘(A) GENERALLY.—The Secretary shall establish procedures to efficiently receive applications for registration
numbers under this subtitle, conduct the checks required
under paragraph (2), and promptly issue or deny a registration number.
‘‘(B) INITIAL SIX-MONTH REGISTRATION PERIOD.—The
Secretary shall take steps to maximize the number of registration applications that are submitted and processed
during the six-month period described in section 899F(e).
‘‘(2) CHECK OF TERRORIST SCREENING DATABASE.—
‘‘(A) CHECK REQUIRED.—The Secretary shall conduct
a check of appropriate identifying information of any person
seeking to register with the Department under subsection
(c) or (d) against identifying information that appears in
the terrorist screening database of the Department.
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121 STAT. 2086
‘‘(B) AUTHORITY TO DENY REGISTRATION NUMBER.—If
the identifying information of a person seeking to register
with the Department under subsection (c) or (d) appears
in the terrorist screening database of the Department, the
Secretary may deny issuance of a registration number
under this subtitle.
‘‘(3) EXPEDITED REVIEW OF APPLICATIONS.—
‘‘(A) IN GENERAL.—Following the six-month period
described in section 899F(e), the Secretary shall, to the
extent practicable, issue or deny registration numbers
under this subtitle not later than 72 hours after the time
the Secretary receives a complete registration application,
unless the Secretary determines, in the interest of national
security, that additional time is necessary to review an
application.
‘‘(B) NOTICE OF APPLICATION STATUS.—In all cases, the
Secretary shall notify a person seeking to register with
the Department under subsection (c) or (d) of the status
of the application of that person not later than 72 hours
after the time the Secretary receives a complete registration
application.
‘‘(4) EXPEDITED APPEALS PROCESS.—
‘‘(A) REQUIREMENT.—
‘‘(i) APPEALS PROCESS.—The Secretary shall establish an expedited appeals process for persons denied
a registration number under this subtitle.
‘‘(ii) TIME PERIOD FOR RESOLUTION.—The Secretary
shall, to the extent practicable, resolve appeals not
later than 72 hours after receiving a complete request
for appeal unless the Secretary determines, in the
interest of national security, that additional time is
necessary to resolve an appeal.
‘‘(B) CONSULTATION.—The Secretary, in developing the
appeals process under subparagraph (A), shall consult with
appropriate stakeholders.
‘‘(C) GUIDANCE.—The Secretary shall provide guidance
regarding the procedures and information required for an
appeal under subparagraph (A) to any person denied a
registration number under this subtitle.
‘‘(5) RESTRICTIONS ON USE AND MAINTENANCE OF INFORMATION.—
‘‘(A) IN GENERAL.—Any information constituting
grounds for denial of a registration number under this
section shall be maintained confidentially by the Secretary
and may be used only for making determinations under
this section.
‘‘(B) SHARING OF INFORMATION.—Notwithstanding any
other provision of this subtitle, the Secretary may share
any such information with Federal, State, local, and tribal
law enforcement agencies, as appropriate.
‘‘(6) REGISTRATION INFORMATION.—
‘‘(A) AUTHORITY TO REQUIRE INFORMATION.—The Secretary may require a person applying for a registration
number under this subtitle to submit such information
as may be necessary to carry out the requirements of
this section.
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‘‘(B) REQUIREMENT TO UPDATE INFORMATION.—The Secretary may require persons issued a registration under
this subtitle to update registration information submitted
to the Secretary under this subtitle, as appropriate.
‘‘(7) RE-CHECKS AGAINST TERRORIST SCREENING DATABASE.—
‘‘(A) RE-CHECKS.—The Secretary shall, as appropriate,
recheck persons provided a registration number pursuant
to this subtitle against the terrorist screening database
of the Department, and may revoke such registration
number if the Secretary determines such person may pose
a threat to national security.
‘‘(B) NOTICE OF REVOCATION.—The Secretary shall, as
appropriate, provide prior notice to a person whose registration number is revoked under this section and such person
shall have an opportunity to appeal, as provided in paragraph (4).
‘‘SEC. 899C. INSPECTION AND AUDITING OF RECORDS.
6 USC 488b.
‘‘The Secretary shall establish a process for the periodic inspection and auditing of the records maintained by owners of ammonium
nitrate facilities for the purpose of monitoring compliance with
this subtitle or for the purpose of deterring or preventing the
misappropriation or use of ammonium nitrate in an act of terrorism.
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‘‘SEC. 899D. ADMINISTRATIVE PROVISIONS.
6 USC 488c.
‘‘(a) COOPERATIVE AGREEMENTS.—The Secretary—
‘‘(1) may enter into a cooperative agreement with the Secretary of Agriculture, or the head of any State department
of agriculture or its designee involved in agricultural regulation,
in consultation with the State agency responsible for homeland
security, to carry out the provisions of this subtitle; and
‘‘(2) wherever possible, shall seek to cooperate with State
agencies or their designees that oversee ammonium nitrate
facility operations when seeking cooperative agreements to
implement the registration and enforcement provisions of this
subtitle.
‘‘(b) DELEGATION.—
‘‘(1) AUTHORITY.—The Secretary may delegate to a State
the authority to assist the Secretary in the administration
and enforcement of this subtitle.
‘‘(2) DELEGATION REQUIRED.—At the request of a Governor
of a State, the Secretary shall delegate to that State the
authority to carry out functions under sections 899B and 899C,
if the Secretary determines that the State is capable of satisfactorily carrying out such functions.
‘‘(3) FUNDING.—Subject to the availability of appropriations,
if the Secretary delegates functions to a State under this subsection, the Secretary shall provide to that State sufficient
funds to carry out the delegated functions.
‘‘(c) PROVISION OF GUIDANCE AND NOTIFICATION MATERIALS TO
AMMONIUM NITRATE FACILITIES.—
‘‘(1) GUIDANCE.—The Secretary shall make available to
each owner of an ammonium nitrate facility registered under
section 899B(c)(1) guidance on—
‘‘(A) the identification of suspicious ammonium nitrate
purchases or transfers or attempted purchases or transfers;
‘‘(B) the appropriate course of action to be taken by
the ammonium nitrate facility owner with respect to such
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a purchase or transfer or attempted purchase or transfer,
including—
‘‘(i) exercising the right of the owner of the ammonium nitrate facility to decline sale of ammonium
nitrate; and
‘‘(ii) notifying appropriate law enforcement entities;
and
‘‘(C) additional subjects determined appropriate to prevent the misappropriation or use of ammonium nitrate
in an act of terrorism.
‘‘(2) USE OF MATERIALS AND PROGRAMS.—In providing guidance under this subsection, the Secretary shall, to the extent
practicable, leverage any relevant materials and programs.
‘‘(3) NOTIFICATION MATERIALS.—
‘‘(A) IN GENERAL.—The Secretary shall make available
materials suitable for posting at locations where ammonium nitrate is sold.
‘‘(B) DESIGN OF MATERIALS.—Materials made available
under subparagraph (A) shall be designed to notify prospective ammonium nitrate purchasers of—
‘‘(i) the record-keeping requirements under section
899B; and
‘‘(ii) the penalties for violating such requirements.
6 USC 488d.
‘‘SEC. 899E. THEFT REPORTING REQUIREMENT.
‘‘Any person who is required to comply with section 899B(e)
who has knowledge of the theft or unexplained loss of ammonium
nitrate shall report such theft or loss to the appropriate Federal
law enforcement authorities not later than 1 calendar day of the
date on which the person becomes aware of such theft or loss.
Upon receipt of such report, the relevant Federal authorities shall
inform State, local, and tribal law enforcement entities, as appropriate.
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6 USC 488e.
‘‘SEC. 899F. PROHIBITIONS AND PENALTY.
‘‘(a) PROHIBITIONS.—
‘‘(1) TAKING POSSESSION.—No person shall purchase ammonium nitrate from an ammonium nitrate facility unless such
person is registered under subsection (c) or (d) of section 899B,
or is an agent of a person registered under subsection (c)
or (d) of that section.
‘‘(2) TRANSFERRING POSSESSION.—An owner of an ammonium nitrate facility shall not transfer possession of ammonium
nitrate from the ammonium nitrate facility to any ammonium
nitrate purchaser who is not registered under subsection (c)
or (d) of section 899B, or to any agent acting on behalf of
an ammonium nitrate purchaser when such purchaser is not
registered under subsection (c) or (d) of section 899B.
‘‘(3) OTHER PROHIBITIONS.—No person shall—
‘‘(A) purchase ammonium nitrate without a registration
number required under subsection (c) or (d) of section 899B;
‘‘(B) own or operate an ammonium nitrate facility without a registration number required under section 899B(c);
or
‘‘(C) fail to comply with any requirement or violate
any other prohibition under this subtitle.
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‘‘(b) CIVIL PENALTY.—A person that violates this subtitle may
be assessed a civil penalty by the Secretary of not more than
$50,000 per violation.
‘‘(c) PENALTY CONSIDERATIONS.—In determining the amount of
a civil penalty under this section, the Secretary shall consider—
‘‘(1) the nature and circumstances of the violation;
‘‘(2) with respect to the person who commits the violation,
any history of prior violations, the ability to pay the penalty,
and any effect the penalty is likely to have on the ability
of such person to do business; and
‘‘(3) any other matter that the Secretary determines that
justice requires.
‘‘(d) NOTICE AND OPPORTUNITY FOR A HEARING.—No civil penalty may be assessed under this subtitle unless the person liable
for the penalty has been given notice and an opportunity for a
hearing on the violation for which the penalty is to be assessed
in the county, parish, or incorporated city of residence of that
person.
‘‘(e) DELAY IN APPLICATION OF PROHIBITION.—Paragraphs (1)
and (2) of subsection (a) shall apply on and after the date that
is 6 months after the date that the Secretary issues a final rule
implementing this subtitle.
‘‘SEC. 899G. PROTECTION FROM CIVIL LIABILITY.
Regulations.
6 USC 488f.
‘‘(a) IN GENERAL.—Notwithstanding any other provision of law,
an owner of an ammonium nitrate facility that in good faith refuses
to sell or transfer ammonium nitrate to any person, or that in
good faith discloses to the Department or to appropriate law enforcement authorities an actual or attempted purchase or transfer of
ammonium nitrate, based upon a reasonable belief that the person
seeking purchase or transfer of ammonium nitrate may use the
ammonium nitrate to create an explosive device to be employed
in an act of terrorism (as defined in section 3077 of title 18,
United States Code), or to use ammonium nitrate for any other
unlawful purpose, shall not be liable in any civil action relating
to that refusal to sell ammonium nitrate or that disclosure.
‘‘(b) REASONABLE BELIEF.—A reasonable belief that a person
may use ammonium nitrate to create an explosive device to be
employed in an act of terrorism under subsection (a) may not
solely be based on the race, sex, national origin, creed, religion,
status as a veteran, or status as a member of the Armed Forces
of the United States of that person.
‘‘SEC. 899H. PREEMPTION OF OTHER LAWS.
6 USC 488g.
‘‘(a) OTHER FEDERAL REGULATIONS.—Except as provided in section 899G, nothing in this subtitle affects any regulation issued
by any agency other than an agency of the Department.
‘‘(b) STATE LAW.—Subject to section 899G, this subtitle preempts the laws of any State to the extent that such laws are
inconsistent with this subtitle, except that this subtitle shall not
preempt any State law that provides additional protection against
the acquisition of ammonium nitrate by terrorists or the use of
ammonium nitrate in explosives in acts of terrorism or for other
illicit purposes, as determined by the Secretary.
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‘‘SEC. 899I. DEADLINES FOR REGULATIONS.
6 USC 488h.
‘‘The Secretary—
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‘‘(1) shall issue a proposed rule implementing this subtitle
not later than 6 months after the date of the enactment of
this subtitle; and
‘‘(2) issue a final rule implementing this subtitle not later
than 1 year after such date of enactment.
6 USC 488i.
‘‘SEC. 899J. AUTHORIZATION OF APPROPRIATIONS.
‘‘There are authorized to be appropriated to the Secretary—
‘‘(1) $2,000,000 for fiscal year 2008; and
‘‘(2) $10,750,000 for each of fiscal years 2009 through
2012.’’.
(b) CLERICAL AMENDMENT.—The table of contents in section
1(b) of such Act is amended by inserting after the item relating
to section 899 the following:
‘‘Subtitle J—Secure Handling of Ammonium Nitrate
‘‘Sec.
‘‘Sec.
‘‘Sec.
‘‘Sec.
‘‘Sec.
‘‘Sec.
‘‘Sec.
‘‘Sec.
‘‘Sec.
‘‘Sec.
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899A. Definitions.
899B. Regulation of the sale and transfer of ammonium nitrate.
899C. Inspection and auditing of records.
899D. Administrative provisions.
899E. Theft reporting requirement.
899F. Prohibitions and penalty.
899G. Protection from civil liability.
899H. Preemption of other laws.
899I. Deadlines for regulations.
899J. Authorization of appropriations.’’.
SEC. 564. IMPROVEMENT OF BARRIERS AT BORDER. (a) Section
102 of the Illegal Immigration Reform and Immigrant Responsibility
Act of 1996 (8 U.S.C. 1103 note) is amended—
(1) in subsection (a), by striking ‘‘Attorney General, in
consultation with the Commissioner of Immigration and Naturalization,’’ and inserting ‘‘Secretary of Homeland Security’’;
and
(2) in subsection (b)—
(A) in the subsection heading, by striking ‘‘IN THE
BORDER AREA’’ and inserting ‘‘ALONG THE BORDER’’;
(B) in paragraph (1)—
(i) in the heading, by striking ‘‘SECURITY FEATURES’’ and inserting ‘‘ADDITIONAL FENCING ALONG
SOUTHWEST BORDER’’; and
(ii) by striking subparagraphs (A) through (C) and
inserting the following:
‘‘(A) REINFORCED FENCING.—In carrying out subsection
(a), the Secretary of Homeland Security shall construct
reinforced fencing along not less than 700 miles of the
southwest border where fencing would be most practical
and effective and provide for the installation of additional
physical barriers, roads, lighting, cameras, and sensors
to gain operational control of the southwest border.
‘‘(B) PRIORITY AREAS.—In carrying out this section, the
Secretary of Homeland Security shall—
‘‘(i) identify the 370 miles, or other mileage determined by the Secretary, whose authority to determine
other mileage shall expire on December 31, 2008, along
the southwest border where fencing would be most
practical and effective in deterring smugglers and
aliens attempting to gain illegal entry into the United
States; and
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‘‘(ii) not later than December 31, 2008, complete
construction of reinforced fencing along the miles
identified under clause (i).
‘‘(C) CONSULTATION.—
‘‘(i) IN GENERAL.—In carrying out this section, the
Secretary of Homeland Security shall consult with the
Secretary of the Interior, the Secretary of Agriculture,
States, local governments, Indian tribes, and property
owners in the United States to minimize the impact
on the environment, culture, commerce, and quality
of life for the communities and residents located near
the sites at which such fencing is to be constructed.
‘‘(ii) SAVINGS PROVISION.—Nothing in this subparagraph may be construed to—
‘‘(I) create or negate any right of action for
a State, local government, or other person or entity
affected by this subsection; or
‘‘(II) affect the eminent domain laws of the
United States or of any State.
‘‘(D) LIMITATION ON REQUIREMENTS.—Notwithstanding
subparagraph (A), nothing in this paragraph shall require
the Secretary of Homeland Security to install fencing, physical barriers, roads, lighting, cameras, and sensors in a
particular location along an international border of the
United States, if the Secretary determines that the use
or placement of such resources is not the most appropriate
means to achieve and maintain operational control over
the international border at such location.’’; and
(C) in paragraph (4), by striking ‘‘to carry out this
subsection not to exceed $12,000,000’’ and inserting ‘‘such
sums as may be necessary to carry out this subsection’’.
(b) No funds appropriated in this Act for U.S. Customs and
Border Protection ‘‘Border Security Fencing, Infrastructure, and
Technology’’ may be obligated unless the Secretary of Homeland
Security has complied with section 102(b)(2)(C)(i) of the Illegal
Immigration Reform and Immigrant Responsibility Act of 1996
(8 U.S.C. 1103 note) as amended by subsection (a)(2).
SEC. 565. INTERNATIONAL REGISTERED TRAVELER PROGRAM. Section 7208(k)(3) of the Intelligence Reform and Terrorism Prevention
Act of 2004 (8 U.S.C. 1365b(k)(3)) is amended to read as follows:
‘‘(3) INTERNATIONAL REGISTERED TRAVELER PROGRAM.—
‘‘(A) IN GENERAL.—The Secretary of Homeland Security
shall establish an international registered traveler program
that incorporates available technologies, such as biometrics
and e-passports, and security threat assessments to expedite the screening and processing of international travelers,
including United States Citizens and residents, who enter
and exit the United States. The program shall be coordinated with the United States Visitor and Immigrant Status
Indicator Technology program, other pre-screening initiatives, and the Visa Waiver Program.
‘‘(B) FEES.—The Secretary may impose a fee for the
program established under subparagraph (A) and may
modify such fee from time to time. The fee may not exceed
the aggregate costs associated with the program and shall
be credited to the Department of Homeland Security for
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Deadline.
Deadline.
49 USC 114 note.
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Deadline.
President.
Website.
Reports.
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purposes of carrying out the program. Amounts so credited
shall remain available until expended.
‘‘(C) RULEMAKING.—Within 365 days after the date
of enactment of this paragraph, the Secretary shall initiate
a rulemaking to establish the program, criteria for participation, and the fee for the program.
‘‘(D) IMPLEMENTATION.—Not later than 2 years after
the date of enactment of this paragraph, the Secretary
shall establish a phased-implementation of a biometricbased international registered traveler program in conjunction with the United States Visitor and Immigrant Status
Indicator Technology entry and exit system, other prescreening initiatives, and the Visa Waiver Program at
United States airports with the highest volume of international travelers.
‘‘(E) PARTICIPATION.—The Secretary shall ensure that
the international registered traveler program includes as
many participants as practicable by—
‘‘(i) establishing a reasonable cost of enrollment;
‘‘(ii) making program enrollment convenient and
easily accessible; and
‘‘(iii) providing applicants with clear and consistent
eligibility guidelines.’’.
SEC. 566. SHARED BORDER MANAGEMENT. (a) STUDY.—The
Comptroller General of the United States shall conduct a study
on the Department of Homeland Security’s use of shared border
management to secure the international borders of the United
States.
(b) REPORT.—The Comptroller General shall submit a report
to Congress that describes—
(1) any negotiations, plans, or designs conducted by officials
of the Department of Homeland Security regarding the practice
of shared border management; and
(2) the factors required to be in place for shared border
management to be successful.
SEC. 567. None of the funds made available in this Act may
be used for planning, testing, piloting, or developing a national
identification card.
SEC. 568. TRANSPORTATION SECURITY ADMINISTRATION ACQUISITION MANAGEMENT POLICY. (a) IN GENERAL.—Section 114 of title
49, United States Code, is amended by striking subsection (o) and
redesignating subsections (p) through (t) as subsections (o) through
(s), respectively.
(b) EFFECTIVE DATE.—The amendment made by subsection (a)
shall take effect 180 days after the date of enactment of this
Act.
SEC. 569. (a) Notwithstanding any other provision of this Act,
except as provided in subsection (b), and 30 days after the date
that the President determines whether to declare a major disaster
because of an event and any appeal is completed, the Administrator
shall submit to the Committee on Homeland Security and Governmental Affairs of the Senate, the Committee on Homeland Security
of the House of Representatives, the Committee on Transportation
and Infrastructure of the House of Representatives, the Committees
on Appropriations of the Senate and the House of Representatives,
and publish on the website of the Federal Emergency Management
Agency, a report regarding that decision, which shall summarize
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damage assessment information used to determine whether to
declare a major disaster.
(b) The Administrator may redact from a report under subsection (a) any data that the Administrator determines would compromise national security.
(c) In this section—
(1) the term ‘‘Administrator’’ means the Administrator of
the Federal Emergency Management Agency; and
(2) the term ‘‘major disaster’’ has the meaning given that
term in section 102 of the Robert T. Stafford Disaster Relief
and Emergency Assistance Act (42 U.S.C. 5122).
SEC. 570. If the Secretary of Homeland Security establishes
a National Transportation Security Center of Excellence to conduct
research and education activities, and to develop or provide professional security training, including the training of transportation
employees and transportation professionals, the Mineta Transportation Institute at San Jose State University may be included
as a member institution of such Center.
SEC. 571. Effective no later than ninety days after the date
of enactment of this Act, the Transportation Security Administration shall permit approved members of Registered Traveler programs to satisfy fully the required identity verification procedures
at security screening checkpoints by presenting a biometricallysecure Registered Traveler card in lieu of the government-issued
photo identification document required of non-participants: Provided, That if their identity is not confirmed biometrically, the
standard identity and screening procedures will apply: Provided
further, That if the Assistant Secretary (Transportation Security
Administration) determines this is a threat to civil aviation, then
the Assistant Secretary (Transportation Security Administration)
shall notify the Committees on Appropriations of the Senate and
House of Representatives five days in advance of such determination
and require Registered Travelers to present government-issued
photo identification documents in conjunction with a biometricallysecure Registered Traveler card.
SEC. 572. Section 831(a) of the Homeland Security Act of 2002
(6 U.S.C. 391(a)) is amended by striking ‘‘During the 5-year period
following the effective date of this Act’’ and inserting ‘‘Until September 30, 2008’’.
SEC. 573. (a) RESCISSION.—Of amounts previously made available from the Federal Emergency Management Agency ‘‘Disaster
Relief’’ to the State of Mississippi pursuant to section 404 of the
Robert T. Stafford Disaster Relief and Emergency Assistance Act
(42 U.S.C. 5170c) for Hurricane Katrina, $20,000,000 are rescinded.
(b) APPROPRIATION.—For Federal Emergency Management
Agency ‘‘State and Local Programs’’, there is appropriated an additional $20,000,000, to remain available until expended, for a grant
to the State of Mississippi for an interoperable communications
system required in the aftermath of Hurricane Katrina: Provided,
That this entire amount is designated as described in section 5
(in the matter preceding division A of this consolidated Act).
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Effective date.
Biometric card.
49 USC 114 note.
Applicability.
Notification.
Deadline.
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TITLE VI
Border
Infrastructure
and Technology
Modernization
Act of 2007.
6 USC 1401 note.
6 USC 1401.
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6 USC 1402.
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BORDER INFRASTRUCTURE AND TECHNOLOGY
MODERNIZATION
SEC. 601. SHORT TITLE.
This title may be cited as the ‘‘Border Infrastructure and Technology Modernization Act of 2007’’.
SEC. 602. DEFINITIONS.—In this title:
(1) COMMISSIONER.—The term ‘‘Commissioner’’ means the
Commissioner of U.S. Customs and Border Protection of the
Department of Homeland Security.
(2) MAQUILADORA.—The term ‘‘maquiladora’’ means an
entity located in Mexico that assembles and produces goods
from imported parts for export to the United States.
(3) NORTHERN BORDER.—The term ‘‘northern border’’ means
the international border between the United States and
Canada.
(4) SECRETARY.—The term ‘‘Secretary’’ means the Secretary
of the Department of Homeland Security.
(5) SOUTHERN BORDER.—The term ‘‘southern border’’ means
the international border between the United States and Mexico.
SEC. 603. PORT OF ENTRY INFRASTRUCTURE ASSESSMENT
STUDY.—(a) REQUIREMENT TO UPDATE.—Not later than January
31 of every other year, the Commissioner, in consultation with
the Administrator of General Services shall—
(1) review—
(A) the Port of Entry Infrastructure Assessment Study
prepared by the United States Customs Service, the
Immigration and Naturalization Service, and the General
Services Administration in accordance with the matter
relating to the ports of entry infrastructure assessment
set forth in the joint explanatory statement on page 67
of conference report 106–319, accompanying Public Law
106–58; and
(B) the nationwide strategy to prioritize and address
the infrastructure needs at the land ports of entry prepared
by the Department of Homeland Security and the General
Services Administration in accordance with the committee
recommendations on page 22 of Senate report 108–86,
accompanying Public Law 108–90;
(2) update the assessment of the infrastructure needs of
all United States land ports of entry; and
(3) submit an updated assessment of land port of entry
infrastructure needs to the Committees on Appropriations of
the Senate and the House of Representatives, the Senate Committee on Environment and Public Works, the Senate Committee on Homeland Security and Governmental Affairs, the
House Committee on Transportation and Infrastructure, and
the House Committee on Homeland Security.
(b) CONSULTATION.—In preparing the updated studies required
under subsection (a), the Commissioner and the Administrator of
General Services shall consult with the Director of the Office of
Management and Budget, the Secretary, and affected State and
local agencies on the northern and southern borders of the United
States.
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PUBLIC LAW 110–161—DEC. 26, 2007
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(c) CONTENT.—Each updated study required in subsection (a)
shall—
(1) identify port of entry infrastructure and technology
improvement projects that would enhance border security and
facilitate the flow of legitimate commerce if implemented;
(2) include the projects identified in the National Land
Border Security Plan required by section 604; and
(3) prioritize the projects described in paragraphs (1) and
(2) based on the ability of a project—
(A) to enhance the ability of U.S. Customs and Border
Protection to achieve its mission and to support operations;
(B) to fulfill security requirements; and
(C) facilitate trade across the borders of the United
States.
(d) PROJECT IMPLEMENTATION.—The Commissioner, as appropriate, shall—
(1) implement the infrastructure and technology improvement projects described in subsection (c) in the order of priority
assigned to each project under subsection (c)(3); or
(2) forward the prioritized list of infrastructure and technology improvement projects to the Administrator of General
Services for implementation in the order of priority assigned
to each project under subsection (c)(3).
(e) DIVERGENCE FROM PRIORITIES.—The Commissioner may
diverge from the priority order if the Commissioner determines
that significantly changed circumstances, including immediate security needs, changes in infrastructure in Mexico or Canada, or similar
concerns, compellingly alter the need for a project in the United
States.
SEC. 604. NATIONAL LAND BORDER SECURITY PLAN. (a)
REQUIREMENT FOR PLAN.—Not later than January 31 of every other
year, the Secretary, acting through the Commissioner, shall prepare
a National Land Border Security Plan and submit such plan to
the Committees on Appropriations of the Senate and the House
of Representatives, the Senate Committee on Environment and
Public Works, the Senate Committee on Homeland Security and
Governmental Affairs, the Senate Committee on the Judiciary, the
House Committee on Transportation and Infrastructure, the House
Committee on Homeland Security, and the House Committee on
the Judiciary.
(b) CONSULTATION.—In preparing the plan required under subsection (a), the Commissioner shall consult with other appropriate
Federal agencies, State and local law enforcement agencies, and
private entities that are involved in international trade across the
northern or southern border.
(c) VULNERABILITY ASSESSMENT.—
(1) IN GENERAL.—The plan required under subsection (a)
shall include a vulnerability, risk, and threat assessment of
each port of entry located on the northern border or the
southern border.
(2) PORT SECURITY COORDINATORS.—The Secretary, acting
through the Commissioner, may establish one or more port
security coordinators at each port of entry located on the
northern border or the southern border—
(A) to assist in conducting a vulnerability assessment
at such port; and
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6 USC 1404.
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(B) to provide other assistance with the preparation
of the plan required under subsection (a).
(d) COORDINATION WITH THE SECURE BORDER INITIATIVE.—The
plan required under subsection (a) shall include a description of
activities undertaken during the previous year as part of the Secure
Border Initiative and actions planned for the coming year as part
of the Secure Border Initiative.
SEC. 605. PORT OF ENTRY TECHNOLOGY DEMONSTRATION PROGRAM. (a) ESTABLISHMENT.—The Secretary, acting through the
Commissioner, shall carry out a technology demonstration program
to test and evaluate new port of entry technologies, refine port
of entry technologies and operational concepts, and train personnel
under realistic conditions.
(b) TECHNOLOGY TESTED.—Under the demonstration program,
the Commissioner shall test technologies that enhance port of entry
operations, including those related to inspections, communications,
port tracking, identification of persons and cargo, sensory devices,
personal detection, decision support, and the detection and identification of weapons of mass destruction.
(c) DEMONSTRATION SITES.—
(1) NUMBER.—The Commissioner shall carry out the demonstration program at not less than three sites and not more
than five sites.
(2) LOCATION.—Of the sites selected under subsection (c)—
(A) at least one shall be located on the northern border
of the United States; and
(B) at least one shall be located on the southern border
of the United States.
(3) SELECTION CRITERIA.—To ensure that one of the facilities selected as a port of entry demonstration site for the
demonstration program has the most up-to-date design, contains sufficient space to conduct the demonstration program,
has a traffic volume low enough to easily incorporate new
technologies without interrupting normal processing activity,
and can efficiently carry out demonstration and port of entry
operations, one port of entry selected as a demonstration site
may—
(A) have been established not more than 15 years
before the date of the enactment of this Act;
(B) consist of not less than 65 acres, with the possibility
of expansion onto not less than 25 adjacent acres; and
(C) have serviced an average of not more than 50,000
vehicles per month during the 12 months preceding the
date of the enactment of this Act.
(d) RELATIONSHIP WITH OTHER AGENCIES.—The Secretary,
acting through the Commissioner, shall permit personnel from
appropriate Federal agencies to utilize a demonstration site
described in subsection (c) to test technologies that enhance port
of entry operations, including those related to inspections, communications, port tracking, identification of persons and cargo, sensory
devices, personal detection, decision support, and the detection and
identification of weapons of mass destruction.
(e) REPORT.—
(1) REQUIREMENT.—Not later than 1 year after the date
of the enactment of this Act, and annually thereafter, the
Secretary shall submit to the Committees on Appropriations
of the Senate and the House of Representatives, the Senate
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Committee on Environment and Public Works, the Senate Committee on Homeland Security and Governmental Affairs, the
House Committee on Transportation and Infrastructure, and
the House Committee on Homeland Security a report on the
activities carried out at each demonstration site under the
technology demonstration program established under this section.
(2) CONTENT.—The report shall include an assessment by
the Commissioner of the feasibility of incorporating any demonstrated technology for use throughout U.S. Customs and
Border Protection.
SEC. 606. AUTHORIZATION OF APPROPRIATIONS. (a) IN GENERAL.—In addition to any funds otherwise available, there are
authorized to be appropriated such sums as may be necessary
to carry out this title for fiscal years 2009 through 2013.
(b) INTERNATIONAL AGREEMENTS.—Funds authorized to be
appropriated under this title may be used for the implementation
of projects described in the Declaration on Embracing Technology
and Cooperation to Promote the Secure and Efficient Flow of People
and Commerce across our Shared Border between the United States
and Mexico, agreed to March 22, 2002, Monterrey, Mexico (commonly known as the Border Partnership Action Plan) or the Smart
Border Declaration between the United States and Canada, agreed
to December 12, 2001, Ottawa, Canada that are consistent with
the provisions of this title.
This division may be cited as the ‘‘Department of Homeland
Security Appropriations Act, 2008’’.
DIVISION F—DEPARTMENT OF THE INTERIOR, ENVIRONMENT, AND RELATED AGENCIES APPROPRIATIONS ACT,
2008
TITLE I
6 USC 1405.
Department of
the Interior,
Environment,
and Related
Agencies
Appropriations
Act, 2008.
DEPARTMENT OF THE INTERIOR
BUREAU
OF
LAND MANAGEMENT
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MANAGEMENT OF LANDS AND RESOURCES
For necessary expenses for protection, use, improvement,
development, disposal, cadastral surveying, classification, acquisition of easements and other interests in lands, and performance
of other functions, including maintenance of facilities, as authorized
by law, in the management of lands and their resources under
the jurisdiction of the Bureau of Land Management, including the
general administration of the Bureau, and assessment of mineral
potential of public lands pursuant to Public Law 96–487 (16 U.S.C.
3150(a)), $867,463,000, to remain available until expended, of which
not to exceed $91,629,000 is available for oil and gas management;
and of which $1,500,000 is for high priority projects, to be carried
out by the Youth Conservation Corps; and of which $2,900,000
shall be available in fiscal year 2008 subject to a match by at
least an equal amount by the National Fish and Wildlife Foundation
for cost-shared projects supporting conservation of Bureau lands;
and such funds shall be advanced to the Foundation as a lump
sum grant without regard to when expenses are incurred.
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PUBLIC LAW 110–161—DEC. 26, 2007
In addition, $25,500,000 is for the processing of applications
for permit to drill and related use authorizations, to remain available until expended, to be reduced by amounts collected by the
Bureau and credited to this appropriation that shall be derived
from $4,000 per new application for permit to drill that the Bureau
shall collect upon submission of each new application, and in addition, $34,696,000 is for Mining Law Administration program operations, including the cost of administering the mining claim fee
program; to remain available until expended, to be reduced by
amounts collected by the Bureau and credited to this appropriation
from annual mining claim fees so as to result in a final appropriation estimated at not more than $867,463,000, and $2,000,000,
to remain available until expended, from communication site rental
fees established by the Bureau for the cost of administering communication site activities.
CONSTRUCTION
For construction of buildings, recreation facilities, roads, trails,
and appurtenant facilities, $6,476,000, to remain available until
expended.
LAND ACQUISITION
For expenses necessary to carry out sections 205, 206, and
318(d) of Public Law 94–579, including administrative expenses
and acquisition of lands or waters, or interests therein, $9,081,000,
to be derived from the Land and Water Conservation Fund and
to remain available until expended.
OREGON AND CALIFORNIA GRANT LANDS
For expenses necessary for management, protection, and
development of resources and for construction, operation, and
maintenance of access roads, reforestation, and other improvements
on the revested Oregon and California Railroad grant lands, on
other Federal lands in the Oregon and California land-grant counties of Oregon, and on adjacent rights-of-way; and acquisition of
lands or interests therein, including existing connecting roads on
or adjacent to such grant lands; $110,242,000, to remain available
until expended: Provided, That 25 percent of the aggregate of all
receipts during the current fiscal year from the revested Oregon
and California Railroad grant lands is hereby made a charge against
the Oregon and California land-grant fund and shall be transferred
to the General Fund in the Treasury in accordance with the second
paragraph of subsection (b) of title II of the Act of August 28,
1937 (50 Stat. 876).
FOREST ECOSYSTEM HEALTH AND RECOVERY FUND
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(REVOLVING
FUND, SPECIAL ACCOUNT)
In addition to the purposes authorized in Public Law 102–
381, funds made available in the Forest Ecosystem Health and
Recovery Fund can be used for the purpose of planning, preparing,
implementing and monitoring salvage timber sales and forest ecosystem health and recovery activities, such as release from competing vegetation and density control treatments. The Federal share
of receipts (defined as the portion of salvage timber receipts not
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PUBLIC LAW 110–161—DEC. 26, 2007
121 STAT. 2099
paid to the counties under 43 U.S.C. 1181f and 43 U.S.C. 1181f–
1 et seq., and Public Law 106–393) derived from treatments funded
by this account shall be deposited into the Forest Ecosystem Health
and Recovery Fund.
RANGE IMPROVEMENTS
For rehabilitation, protection, and acquisition of lands and
interests therein, and improvement of Federal rangelands pursuant
to section 401 of the Federal Land Policy and Management Act
of 1976 (43 U.S.C. 1701), notwithstanding any other Act, sums
equal to 50 percent of all moneys received during the prior fiscal
year under sections 3 and 15 of the Taylor Grazing Act (43 U.S.C.
315 et seq.) and the amount designated for range improvements
from grazing fees and mineral leasing receipts from BankheadJones lands transferred to the Department of the Interior pursuant
to law, but not less than $10,000,000, to remain available until
expended: Provided, That not to exceed $600,000 shall be available
for administrative expenses.
SERVICE CHARGES, DEPOSITS, AND FORFEITURES
For administrative expenses and other costs related to processing application documents and other authorizations for use and
disposal of public lands and resources, for costs of providing copies
of official public land documents, for monitoring construction, operation, and termination of facilities in conjunction with use
authorizations, and for rehabilitation of damaged property, such
amounts as may be collected under Public Law 94–579, as amended,
and Public Law 93–153, to remain available until expended: Provided, That, notwithstanding any provision to the contrary of section
305(a) of Public Law 94–579 (43 U.S.C. 1735(a)), any moneys that
have been or will be received pursuant to that section, whether
as a result of forfeiture, compromise, or settlement, if not appropriate for refund pursuant to section 305(c) of that Act (43 U.S.C.
1735(c)), shall be available and may be expended under the
authority of this Act by the Secretary to improve, protect, or
rehabilitate any public lands administered through the Bureau
of Land Management which have been damaged by the action
of a resource developer, purchaser, permittee, or any unauthorized
person, without regard to whether all moneys collected from each
such action are used on the exact lands damaged which led to
the action: Provided further, That any such moneys that are in
excess of amounts needed to repair damage to the exact land
for which funds were collected may be used to repair other damaged
public lands.
43 USC 1735
note.
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MISCELLANEOUS TRUST FUNDS
In addition to amounts authorized to be expended under
existing laws, there is hereby appropriated such amounts as may
be contributed under section 307 of the Act of October 21, 1976
(43 U.S.C. 1701), and such amounts as may be advanced for
administrative costs, surveys, appraisals, and costs of making
conveyances of omitted lands under section 211(b) of that Act,
to remain available until expended.
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PUBLIC LAW 110–161—DEC. 26, 2007
WILDLAND FIRE MANAGEMENT
(INCLUDING
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TRANSFER OF FUNDS)
For necessary expenses for fire preparedness, suppression operations, fire science and research, emergency rehabilitation, hazardous fuels reduction, and rural fire assistance by the Department
of the Interior, $820,878,000, to remain available until expended,
of which not to exceed $6,234,000 shall be for the renovation or
construction of fire facilities: Provided, That such funds are also
available for repayment of advances to other appropriation accounts
from which funds were previously transferred for such purposes:
Provided further, That persons hired pursuant to 43 U.S.C. 1469
may be furnished subsistence and lodging without cost from funds
available from this appropriation: Provided further, That notwithstanding 42 U.S.C. 1856d, sums received by a bureau or office
of the Department of the Interior for fire protection rendered pursuant to 42 U.S.C. 1856 et seq., protection of United States property,
may be credited to the appropriation from which funds were
expended to provide that protection, and are available without
fiscal year limitation: Provided further, That using the amounts
designated under this title of this Act, the Secretary of the Interior
may enter into procurement contracts, grants, or cooperative agreements, for hazardous fuels reduction activities, and for training
and monitoring associated with such hazardous fuels reduction
activities, on Federal land, or on adjacent non-Federal land for
activities that benefit resources on Federal land: Provided further,
That the costs of implementing any cooperative agreement between
the Federal Government and any non-Federal entity may be shared,
as mutually agreed on by the affected parties: Provided further,
That notwithstanding requirements of the Competition in Contracting Act, the Secretary, for purposes of hazardous fuels reduction activities, may obtain maximum practicable competition among:
(1) local private, nonprofit, or cooperative entities; (2) Youth Conservation Corps crews, Public Lands Corps (Public Law 109–154),
or related partnerships with State, local, or non-profit youth groups;
(3) small or micro-businesses; or (4) other entities that will hire
or train locally a significant percentage, defined as 50 percent
or more, of the project workforce to complete such contracts: Provided further, That in implementing this section, the Secretary
shall develop written guidance to field units to ensure accountability
and consistent application of the authorities provided herein: Provided further, That funds appropriated under this head may be
used to reimburse the United States Fish and Wildlife Service
and the National Marine Fisheries Service for the costs of carrying
out their responsibilities under the Endangered Species Act of 1973
(16 U.S.C. 1531 et seq.) to consult and conference, as required
by section 7 of such Act, in connection with wildland fire management activities: Provided further, That the Secretary of the Interior
may use wildland fire appropriations to enter into non-competitive
sole source leases of real property with local governments, at or
below fair market value, to construct capitalized improvements
for fire facilities on such leased properties, including but not limited
to fire guard stations, retardant stations, and other initial attack
and fire support facilities, and to make advance payments for any
such lease or for construction activity associated with the lease:
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PUBLIC LAW 110–161—DEC. 26, 2007
121 STAT. 2101
Provided further, That the Secretary of the Interior and the Secretary of Agriculture may authorize the transfer of funds appropriated for wildland fire management, in an aggregate amount
not to exceed $10,000,000, between the Departments when such
transfers would facilitate and expedite jointly funded wildland fire
management programs and projects: Provided further, That funds
provided for wildfire suppression shall be available for support
of Federal emergency response actions: Provided further, That
Public Law 110–116, division B, section 157(b)(2) is amended by
inserting after ‘‘to other accounts’’ the phrase ‘‘and non-suppression
budget activities’’.
Ante, p. 1342.
ADMINISTRATIVE PROVISIONS
Appropriations for the Bureau of Land Management shall be
available for purchase, erection, and dismantlement of temporary
structures, and alteration and maintenance of necessary buildings
and appurtenant facilities to which the United States has title;
up to $100,000 for payments, at the discretion of the Secretary,
for information or evidence concerning violations of laws administered by the Bureau; miscellaneous and emergency expenses of
enforcement activities authorized or approved by the Secretary and
to be accounted for solely on the Secretary’s certificate, not to
exceed $10,000: Provided, That notwithstanding 44 U.S.C. 501,
the Bureau may, under cooperative cost-sharing and partnership
arrangements authorized by law, procure printing services from
cooperators in connection with jointly produced publications for
which the cooperators share the cost of printing either in cash
or in services, and the Bureau determines the cooperator is capable
of meeting accepted quality standards.
Section 28 of title 30, United States Code, is amended: (1)
in section 28 by striking the phrase ‘‘shall commence at 12 o’clock
meridian on the 1st day of September’’ and inserting ‘‘shall commence at 12:01 ante meridian on the first day of September’’;
(2) in section 28f(a), by striking the phrase ‘‘for years 2004 through
2008’’; and (3) in section 28g, by striking the phrase ‘‘and before
September 30, 2008,’’.
Sums not to exceed 1 percent of the total value of procurements
received by the Bureau of Land Management from vendors under
enterprise information technology-procurements that the Department of the Interior and other Federal Government agencies may
use to order information technology hereafter may be deposited
into the Management of Lands and Resources account to offset
costs incurred in conducting the procurement.
UNITED STATES FISH
AND
28 USC 28f, 28g.
43 USC 1474f.
WILDLIFE SERVICE
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RESOURCE MANAGEMENT
For necessary expenses of the United States Fish and Wildlife
Service, as authorized by law, and for scientific and economic
studies, maintenance of the herd of long-horned cattle on the
Wichita Mountains Wildlife Refuge, general administration, and
for the performance of other authorized functions related to such
resources by direct expenditure, contracts, grants, cooperative agreements and reimbursable agreements with public and private entities, $1,099,772,000, to remain available until September 30, 2009
except as otherwise provided herein: Provided, That $2,500,000
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121 STAT. 2102
PUBLIC LAW 110–161—DEC. 26, 2007
is for high priority projects, which shall be carried out by the
Youth Conservation Corps: Provided further, That not to exceed
$18,263,000 shall be used for implementing subsections (a), (b),
(c), and (e) of section 4 of the Endangered Species Act, as amended,
for species that are indigenous to the United States (except for
processing petitions, developing and issuing proposed and final
regulations, and taking any other steps to implement actions
described in subsection (c)(2)(A), (c)(2)(B)(i), or (c)(2)(B)(ii)), of which
not to exceed $9,926,000 shall be used for any activity regarding
the designation of critical habitat, pursuant to subsection (a)(3),
excluding litigation support, for species listed pursuant to subsection
(a)(1) prior to October 1, 2007: Provided further, That of the amount
available for law enforcement, up to $400,000, to remain available
until expended, may at the discretion of the Secretary be used
for payment for information, rewards, or evidence concerning violations of laws administered by the Service, and miscellaneous and
emergency expenses of enforcement activity, authorized or approved
by the Secretary and to be accounted for solely on the Secretary’s
certificate: Provided further, That of the amount provided for
environmental contaminants, up to $1,000,000 may remain available until expended for contaminant sample analyses.
CONSTRUCTION
For construction, improvement, acquisition, or removal of
buildings and other facilities required in the conservation, management, investigation, protection, and utilization of fishery and wildlife resources, and the acquisition of lands and interests therein;
$33,688,000, to remain available until expended.
LAND ACQUISITION
For expenses necessary to carry out the Land and Water Conservation Fund Act of 1965, as amended (16 U.S.C. 460l–4 through
11), including administrative expenses, and for acquisition of land
or waters, or interest therein, in accordance with statutory authority
applicable to the United States Fish and Wildlife Service,
$35,144,000, to be derived from the Land and Water Conservation
Fund and to remain available until expended, of which, notwithstanding 16 U.S.C. 460l–9, not more than $1,750,000 shall be for
land conservation partnerships authorized by the Highlands Conservation Act of 2004: Provided, That none of the funds appropriated
for specific land acquisition projects can be used to pay for any
administrative overhead, planning or other management costs.
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COOPERATIVE ENDANGERED SPECIES CONSERVATION FUND
For expenses necessary to carry out section 6 of the Endangered
Species Act of 1973 (16 U.S.C. 1531 et seq.), as amended,
$75,001,000, to remain available until expended, of which
$25,228,000 is to be derived from the Cooperative Endangered
Species Conservation Fund, $5,066,666 of which shall be for the
Idaho Salmon and Clearwater River Basins Habitat Account pursuant to the Snake River Water Rights Act of 2004; and of which
$49,773,000 is to be derived from the Land and Water Conservation
Fund.
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PUBLIC LAW 110–161—DEC. 26, 2007
121 STAT. 2103
NATIONAL WILDLIFE REFUGE FUND
For expenses necessary to implement the Act of October 17,
1978 (16 U.S.C. 715s), $14,202,000.
NORTH AMERICAN WETLANDS CONSERVATION FUND
For expenses necessary to carry out the provisions of the North
American Wetlands Conservation Act, Public Law 101–233, as
amended, $42,646,000, to remain available until expended.
NEOTROPICAL MIGRATORY BIRD CONSERVATION
For expenses necessary to carry out the Neotropical Migratory
Bird Conservation Act, as amended, (16 U.S.C. 6101 et seq.),
$4,500,000, to remain available until expended.
MULTINATIONAL SPECIES CONSERVATION FUND
For expenses necessary to carry out the African Elephant Conservation Act (16 U.S.C. 4201–4203, 4211–4213, 4221–4225, 4241–
4245, and 1538), the Asian Elephant Conservation Act of 1997
(16 U.S.C. 4261–4266), the Rhinoceros and Tiger Conservation Act
of 1994 (16 U.S.C. 5301–5306), the Great Ape Conservation Act
of 2000 (16 U.S.C. 6301–6305), and the Marine Turtle Conservation
Act of 2004 (16 U.S.C. 6601–6606), $8,000,000, to remain available
until expended.
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STATE AND TRIBAL WILDLIFE GRANTS
For wildlife conservation grants to States and to the District
of Columbia, Puerto Rico, Guam, the United States Virgin Islands,
the Northern Mariana Islands, American Samoa, and federallyrecognized Indian tribes under the provisions of the Fish and Wildlife Act of 1956 and the Fish and Wildlife Coordination Act, for
the development and implementation of programs for the benefit
of wildlife and their habitat, including species that are not hunted
or fished, $75,000,000, to remain available until expended: Provided,
That of the amount provided herein, $6,282,000 is for a competitive
grant program for Indian tribes not subject to the remaining provisions of this appropriation: Provided further, That $5,000,000 is
for a competitive grant program for States, territories, and other
jurisdictions with approved plans, not subject to the remaining
provisions of this appropriation: Provided further, That the Secretary shall, after deducting said $11,282,000 and administrative
expenses, apportion the amount provided herein in the following
manner: (1) to the District of Columbia and to the Commonwealth
of Puerto Rico, each a sum equal to not more than one-half of
1 percent thereof; and (2) to Guam, American Samoa, the United
States Virgin Islands, and the Commonwealth of the Northern
Mariana Islands, each a sum equal to not more than one-fourth
of 1 percent thereof: Provided further, That the Secretary shall
apportion the remaining amount in the following manner: (1) onethird of which is based on the ratio to which the land area of
such State bears to the total land area of all such States; and
(2) two-thirds of which is based on the ratio to which the population
of such State bears to the total population of all such States:
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121 STAT. 2104
PUBLIC LAW 110–161—DEC. 26, 2007
Provided further, That the amounts apportioned under this paragraph shall be adjusted equitably so that no State shall be apportioned a sum which is less than 1 percent of the amount available
for apportionment under this paragraph for any fiscal year or
more than 5 percent of such amount: Provided further, That the
Federal share of planning grants shall not exceed 75 percent of
the total costs of such projects and the Federal share of implementation grants shall not exceed 50 percent of the total costs of such
projects: Provided further, That the non-Federal share of such
projects may not be derived from Federal grant programs: Provided
further, That no State, territory, or other jurisdiction shall receive
a grant if its comprehensive wildlife conservation plan is disapproved and such funds that would have been distributed to such
State, territory, or other jurisdiction shall be distributed equitably
to States, territories, and other jurisdictions with approved plans:
Provided further, That any amount apportioned in 2008 to any
State, territory, or other jurisdiction that remains unobligated as
of September 30, 2009, shall be reapportioned, together with funds
appropriated in 2010, in the manner provided herein.
ADMINISTRATIVE PROVISIONS
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Appropriations and funds available to the United States Fish
and Wildlife Service shall be available for repair of damage to
public roads within and adjacent to reservation areas caused by
operations of the Service; options for the purchase of land at not
to exceed $1 for each option; facilities incident to such public recreational uses on conservation areas as are consistent with their
primary purpose; and the maintenance and improvement of aquaria,
buildings, and other facilities under the jurisdiction of the Service
and to which the United States has title, and which are used
pursuant to law in connection with management, and investigation
of fish and wildlife resources: Provided, That notwithstanding 44
U.S.C. 501, the Service may, under cooperative cost sharing and
partnership arrangements authorized by law, procure printing services from cooperators in connection with jointly produced publications for which the cooperators share at least one-half the cost
of printing either in cash or services and the Service determines
the cooperator is capable of meeting accepted quality standards:
Provided further, That, notwithstanding any other provision of law,
the Service may use up to $2,000,000 from funds provided for
contracts for employment-related legal services: Provided further,
That the Service may accept donated aircraft as replacements for
existing aircraft: Provided further, That, notwithstanding any other
provision of law, the Secretary of the Interior may not spend any
of the funds appropriated in this Act for the purchase of lands
or interests in lands to be used in the establishment of any new
unit of the National Wildlife Refuge System unless the purchase
is approved in advance by the House and Senate Committees on
Appropriations in compliance with the reprogramming procedures
contained in the statement of the managers accompanying this
Act.
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PUBLIC LAW 110–161—DEC. 26, 2007
121 STAT. 2105
NATIONAL PARK SERVICE
OPERATION OF THE NATIONAL PARK SYSTEM
For expenses necessary for the management, operation, and
maintenance of areas and facilities administered by the National
Park Service (including expenses to carry out programs of the
United States Park Police), and for the general administration
of the National Park Service, $2,001,809,000, of which $9,965,000
is for planning and interagency coordination in support of Everglades restoration and shall remain available until expended; of
which $101,164,000, to remain available until September 30, 2009,
is for maintenance, repair or rehabilitation projects for constructed
assets, operation of the National Park Service automated facility
management software system, and comprehensive facility condition
assessments; and of which $3,000,000 shall be for the Youth Conservation Corps for high priority projects.
CENTENNIAL CHALLENGE
For expenses necessary to carry out provisions of section 814(g)
of Public Law 104–333 relating to challenge cost share agreements,
$25,000,000, to remain available until expended for Centennial
Challenge signature projects and programs: Provided, That not
less than 50 percent of the total cost of each project or program
is derived from non-Federal sources in the form of donated cash,
assets, in-kind services, or a pledge of donation guaranteed by
an irrevocable letter of credit.
NATIONAL RECREATION AND PRESERVATION
For expenses necessary to carry out recreation programs, natural programs, cultural programs, heritage partnership programs,
environmental compliance and review, international park affairs,
statutory or contractual aid for other activities, and grant administration, not otherwise provided for, $68,481,000, of which not to
exceed $7,500,000 may be for Preserve America grants to States,
Tribes, and local communities for projects that preserve important
historic resources through the promotion of heritage tourism: Provided, That any individual Preserve America grant shall be matched
by non-Federal funds: Provided further, That individual projects
shall only be eligible for one grant: Provided further, That grants
shall be approved by the Secretary of the Interior in consultation
with the House and Senate Committees on Appropriations, and
in consultation with the Advisory Council on Historic Preservation
prior to the commitment of grant funds.
Grants.
Approval.
Consultation.
HISTORIC PRESERVATION FUND
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(INCLUDING
TRANSFERS OF FUNDS)
For expenses necessary in carrying out the Historic Preservation Act of 1966, as amended (16 U.S.C. 470), and the Omnibus
Parks and Public Lands Management Act of 1996 (Public Law
104–333), $71,500,000, to be derived from the Historic Preservation
Fund and to remain available until September 30, 2009; of which
$25,000,000 shall be for Save America’s Treasures for preservation
of nationally significant sites, structures, and artifacts: Provided,
That any individual Save America’s Treasures grant shall be
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121 STAT. 2106
PUBLIC LAW 110–161—DEC. 26, 2007
matched by non-Federal funds; individual projects shall only be
eligible for one grant; and all projects to be funded shall be approved
by the Secretary of the Interior in consultation with the House
and Senate Committees on Appropriations: Provided further, That
Save America’s Treasures funds allocated for Federal projects, following approval, shall be available by transfer to appropriate
accounts of individual agencies.
CONSTRUCTION
For construction, improvements, repair or replacement of physical facilities, including the modifications authorized by section
104 of the Everglades National Park Protection and Expansion
Act of 1989, $221,985,000, to remain available until expended:
Provided, That funds provided under this heading for implementation of modified water deliveries to Everglades National Park shall
be expended consistent with the requirements of the fifth proviso
under this heading in Public Law 108–108: Provided further, That
funds provided under this heading for implementation of modified
water deliveries to Everglades National Park shall be available
for obligation only if matching funds are appropriated to the Army
Corps of Engineers for the same purpose: Provided further, That
none of the funds provided under this heading for implementation
of modified water deliveries to Everglades National Park shall
be available for obligation if any of the funds appropriated to
the Army Corps of Engineers for the purpose of implementing
modified water deliveries, including finalizing detailed engineering
and design documents for a bridge or series of bridges for the
Tamiami Trail component of the project, becomes unavailable for
obligation: Provided further, That of the funds made available under
this heading, not to exceed $3,800,000 is authorized to be used
for the National Park Service’s proportionate cost of upgrading
the West Yellowstone/Hebgen Basin (Gallatin County, Montana)
municipal solid waste disposal system for the processing and disposal of municipal solid waste generated within Yellowstone
National Park: Provided further, That future fees paid by the
National Park Service to the West Yellowstone/Hebgen Basin Solid
Waste District will be restricted to operations and maintenance
costs of the facility, given the capital contribution made by the
National Park Service.
LAND AND WATER CONSERVATION FUND
(RESCISSION)
16 USC 460l–10a
note.
The contract authority provided for fiscal year 2008 by 16
U.S.C. 460l–10a is rescinded.
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LAND ACQUISITION AND STATE ASSISTANCE
For expenses necessary to carry out the Land and Water Conservation Act of 1965, as amended (16 U.S.C. 460l–4 through 11),
including administrative expenses, and for acquisition of lands or
waters, or interest therein, in accordance with the statutory
authority applicable to the National Park Service, $70,070,000,
to be derived from the Land and Water Conservation Fund and
to remain available until expended, of which $25,000,000 is for
the State assistance program.
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PUBLIC LAW 110–161—DEC. 26, 2007
121 STAT. 2107
ADMINISTRATIVE PROVISIONS
For fiscal year 2008 and hereafter, if the Secretary of the
Interior, or either party to a value determination proceeding conducted under a National Park Service concession contract issued
prior to November 13, 1998, considers that the value determination
decision issued pursuant to the proceeding misinterprets or
misapplies relevant contractual requirements or their underlying
legal authority, the Secretary or either party may seek, within
180 days of any such decision, the de novo review of the value
determination decision by the United States Court of Federal
Claims. This court may make an order affirming, vacating, modifying or correcting the determination decision.
In addition to other uses set forth in section 407(d) of Public
Law 105–391, franchise fees credited to a sub-account shall be
available for expenditure by the Secretary, without further appropriation, for use at any unit within the National Park System
to extinguish or reduce liability for Possessory Interest or leasehold
surrender interest. Such funds may only be used for this purpose
to the extent that the benefiting unit anticipated franchise fee
receipts over the term of the contract at that unit exceed the
amount of funds used to extinguish or reduce liability. Franchise
fees at the benefiting unit shall be credited to the sub-account
of the originating unit over a period not to exceed the term of
a single contract at the benefiting unit, in the amount of funds
so expended to extinguish or reduce liability.
A willing seller from whom the Service acquires title to real
property may be considered a ‘‘displaced person’’ for purposes of
the Uniform Relocation Assistance and Real Property Acquisition
Policy Act and its implementing regulations, whether or not the
Service has the authority to acquire such property by eminent
domain.
Section 3(f) of the Act of August 21, 1935 (16 U.S.C. 463(f)),
related to the National Park System Advisory Board, is amended
in the first sentence by striking ‘‘2007’’ and inserting ‘‘2009’’.
16 USC 5954
note.
UNITED STATES GEOLOGICAL SURVEY
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SURVEYS, INVESTIGATIONS, AND RESEARCH
For expenses necessary for the United States Geological Survey
to perform surveys, investigations, and research covering topography, geology, hydrology, biology, and the mineral and water
resources of the United States, its territories and possessions, and
other areas as authorized by 43 U.S.C. 31, 1332, and 1340; classify
lands as to their mineral and water resources; give engineering
supervision to power permittees and Federal Energy Regulatory
Commission licensees; administer the minerals exploration program
(30 U.S.C. 641); conduct inquiries into the economic conditions
affecting mining and materials processing industries (30 U.S.C.
3, 21a, and 1603; 50 U.S.C. 98g(1)) and related purposes as authorized by law; and to publish and disseminate data relative to the
foregoing activities; $1,022,430,000, to remain available until September 30, 2009, of which $63,845,000 shall be available only for
cooperation with States or municipalities for water resources investigations; of which $40,150,000 shall remain available until
expended for satellite operations; and of which $8,023,000 shall
be available until expended for deferred maintenance and capital
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121 STAT. 2108
43 USC 50.
PUBLIC LAW 110–161—DEC. 26, 2007
improvement projects: Provided, That none of the funds provided
for the biological research activity shall be used to conduct new
surveys on private property, unless specifically authorized in writing
by the property owner: Provided further, That no part of this
appropriation shall be used to pay more than one-half the cost
of topographic mapping or water resources data collection and investigations carried on in cooperation with States and municipalities.
ADMINISTRATIVE PROVISIONS
From within the amount appropriated for activities of the
United States Geological Survey such sums as are necessary shall
be available for reimbursement to the General Services Administration for security guard services; contracting for the furnishing of
topographic maps and for the making of geophysical or other specialized surveys when it is administratively determined that such procedures are in the public interest; construction and maintenance
of necessary buildings and appurtenant facilities; acquisition of
lands for gauging stations and observation wells; expenses of the
United States National Committee on Geology; and payment of
compensation and expenses of persons on the rolls of the Survey
duly appointed to represent the United States in the negotiation
and administration of interstate compacts: Provided, That activities
funded by appropriations herein made may be accomplished through
the use of contracts, grants, or cooperative agreements as defined
in 31 U.S.C. 6302 et seq.: Provided further, That the United States
Geological Survey may enter into contracts or cooperative agreements directly with individuals or indirectly with institutions or
nonprofit organizations, without regard to 41 U.S.C. 5, for the
temporary or intermittent services of students or recent graduates,
who shall be considered employees for the purpose of chapters
57 and 81 of title 5, United States Code, relating to compensation
for travel and work injuries, and chapter 171 of title 28, United
States Code, relating to tort claims, but shall not be considered
to be Federal employees for any other purposes.
MINERALS MANAGEMENT SERVICE
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ROYALTY AND OFFSHORE MINERALS MANAGEMENT
For expenses necessary for minerals leasing and environmental
studies, regulation of industry operations, and collection of royalties,
as authorized by law; for enforcing laws and regulations applicable
to oil, gas, and other minerals leases, permits, licenses and operating contracts; for energy-related or other authorized marinerelated purposes on the Outer Continental Shelf; and for matching
grants or cooperative agreements, $157,202,000, to remain available
until September 30, 2009, of which $82,371,000 shall be available
for royalty management activities; and an amount not to exceed
$135,730,000, to be credited to this appropriation and to remain
available until expended, from additions to receipts resulting from
increases to rates in effect on August 5, 1993, from rate increases
to fee collections for Outer Continental Shelf administrative activities performed by the Minerals Management Service (MMS) over
and above the rates in effect on September 30, 1993, and from
additional fees for Outer Continental Shelf administrative activities
established after September 30, 1993 that the Secretary of the
Interior shall collect in fiscal year 2008 and retain and use for
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PUBLIC LAW 110–161—DEC. 26, 2007
121 STAT. 2109
the necessary expenses of this appropriation: Provided, That to
the extent $135,730,000 in addition to receipts are not realized
from the sources of receipts stated above, the amount needed to
reach $135,730,000 shall be credited to this appropriation from
receipts resulting from rental rates for Outer Continental Shelf
leases in effect before August 5, 1993: Provided further, That not
to exceed $3,000 shall be available for reasonable expenses related
to promoting volunteer beach and marine cleanup activities: Provided further, That notwithstanding any other provision of law,
$15,000 under this heading shall be available for refunds of overpayments in connection with certain Indian leases in which the Director
of MMS concurred with the claimed refund due, to pay amounts
owed to Indian allottees or tribes, or to correct prior unrecoverable
erroneous payments: Provided further, That for the costs of administration of the Coastal Impact Assistance Program authorized by
section 31 of the Outer Continental Shelf Lands Act, as amended
(43 U.S.C. 1456a), MMS in fiscal years 2008 through 2010 may
retain up to 3 percent of the amounts which are disbursed under
section 31(b)(1), such retained amounts to remain available until
expended.
OIL SPILL RESEARCH
For necessary expenses to carry out title I, section 1016, title
IV, sections 4202 and 4303, title VII, and title VIII, section 8201
of the Oil Pollution Act of 1990, $6,403,000, which shall be derived
from the Oil Spill Liability Trust Fund, to remain available until
expended.
ADMINISTRATIVE PROVISIONS
The eighth proviso under the heading of ‘‘Minerals Management
Service’’ in division E, title I, of the Consolidated Appropriations
Act, 2005 (Public Law 108–447), is amended by inserting ‘‘and
Indian accounts’’ after ‘‘States’’, replacing the term ‘‘provision’’ with
‘‘provisions’’, and inserting ‘‘and (d)’’ after 30 U.S.C. 1721(b).
Notwithstanding the provisions of section 35(b) of the Mineral
Leasing Act, as amended (30 U.S.C. 191(b)), the Secretary shall
deduct 2 percent from the amount payable to each State in fiscal
year 2008 and deposit the amount deducted to miscellaneous
receipts of the Treasury.
OFFICE
OF
SURFACE MINING RECLAMATION
AND
30 USC 1721
note.
ENFORCEMENT
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REGULATION AND TECHNOLOGY
For necessary expenses to carry out the provisions of the Surface Mining Control and Reclamation Act of 1977, Public Law
95–87, as amended, $120,237,000, to remain available until September 30, 2009: Provided, That the Secretary of the Interior,
pursuant to regulations, may use directly or through grants to
States, moneys collected in fiscal year 2008 for civil penalties
assessed under section 518 of the Surface Mining Control and
Reclamation Act of 1977 (30 U.S.C. 1268), to reclaim lands adversely
affected by coal mining practices after August 3, 1977, to remain
available until expended: Provided further, That appropriations for
the Office of Surface Mining Reclamation and Enforcement may
provide for the travel and per diem expenses of State and tribal
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30 USC 1211
note.
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121 STAT. 2110
PUBLIC LAW 110–161—DEC. 26, 2007
personnel attending Office of Surface Mining Reclamation and
Enforcement sponsored training.
ABANDONED MINE RECLAMATION FUND
For necessary expenses to carry out title IV of the Surface
Mining Control and Reclamation Act of 1977, Public Law 95–87,
as amended, $52,774,000, to be derived from receipts of the Abandoned Mine Reclamation Fund and to remain available until
expended: Provided, That pursuant to Public Law 97–365, the
Department of the Interior is authorized to use up to 20 percent
from the recovery of the delinquent debt owed to the United States
Government to pay for contracts to collect these debts: Provided
further, That amounts provided under this heading may be used
for the travel and per diem expenses of State and tribal personnel
attending Office of Surface Mining Reclamation and Enforcement
sponsored training.
ADMINISTRATIVE PROVISION
With funds available for the Technical Innovation and Professional Services program in this Act, the Secretary may transfer
title for computer hardware, software and other technical equipment
to State and tribal regulatory and reclamation programs.
BUREAU
OF INDIAN
AFFAIRS
OPERATION OF INDIAN PROGRAMS
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(INCLUDING
TRANSFER OF FUNDS)
For expenses necessary for the operation of Indian programs,
as authorized by law, including the Snyder Act of November 2,
1921 (25 U.S.C. 13), the Indian Self-Determination and Education
Assistance Act of 1975 (25 U.S.C. 450 et seq.), as amended, the
Education Amendments of 1978 (25 U.S.C. 2001–2019), and the
Tribally Controlled Schools Act of 1988 (25 U.S.C. 2501 et seq.),
as amended, $2,080,261,000, to remain available until September
30, 2009 except as otherwise provided herein; of which not to
exceed $8,500 may be for official reception and representation
expenses; and of which not to exceed $80,179,000 shall be for
welfare assistance payments: Provided, That in cases of designated
Federal disasters, the Secretary may exceed such cap, from the
amounts provided herein, to provide for disaster relief to Indian
communities affected by the disaster; notwithstanding any other
provision of law, including but not limited to the Indian SelfDetermination Act of 1975, as amended, not to exceed $149,628,000
shall be available for payments for contract support costs associated
with ongoing contracts, grants, compacts, or annual funding agreements entered into with the Bureau prior to or during fiscal year
2008, as authorized by such Act, except that tribes and tribal
organizations may use their tribal priority allocations for unmet
contract support costs of ongoing contracts, grants, or compacts,
or annual funding agreements and for unmet welfare assistance
costs; of which not to exceed $487,500,000 for school operations
costs of Bureau-funded schools and other education programs shall
become available on July 1, 2008, and shall remain available until
September 30, 2009; and of which not to exceed $60,222,000 shall
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PUBLIC LAW 110–161—DEC. 26, 2007
121 STAT. 2111
remain available until expended for housing improvement, road
maintenance, attorney fees, litigation support, the Indian SelfDetermination Fund, land records improvement, and the NavajoHopi Settlement Program: Provided further, That notwithstanding
any other provision of law, including but not limited to the Indian
Self-Determination Act of 1975, as amended, and 25 U.S.C. 2008,
not to exceed $44,060,000 within and only from such amounts
made available for school operations shall be available for administrative cost grants associated with ongoing grants entered into
with the Bureau prior to or during fiscal year 2007 for the operation
of Bureau-funded schools, and up to $500,000 within and only
from such amounts made available for school operations shall be
available for the transitional costs of initial administrative cost
grants to grantees that enter into grants for the operation on
or after July 1, 2007, of Bureau-operated schools: Provided further,
That any forestry funds allocated to a tribe which remain unobligated as of September 30, 2009, may be transferred during fiscal
year 2010 to an Indian forest land assistance account established
for the benefit of the holder of the funds within the tribe’s trust
fund account: Provided further, That any such unobligated balances
not so transferred shall expire on September 30, 2010.
Expiration date.
CONSTRUCTION
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(INCLUDING
TRANSFER OF FUNDS)
For construction, repair, improvement, and maintenance of
irrigation and power systems, buildings, utilities, and other facilities, including architectural and engineering services by contract;
acquisition of lands, and interests in lands; and preparation of
lands for farming, and for construction of the Navajo Indian Irrigation Project pursuant to Public Law 87–483, $206,983,000, to remain
available until expended: Provided, That such amounts as may
be available for the construction of the Navajo Indian Irrigation
Project may be transferred to the Bureau of Reclamation: Provided
further, That not to exceed 6 percent of contract authority available
to the Bureau of Indian Affairs from the Federal Highway Trust
Fund may be used to cover the road program management costs
of the Bureau: Provided further, That any funds provided for the
Safety of Dams program pursuant to 25 U.S.C. 13 shall be made
available on a nonreimbursable basis: Provided further, That for
fiscal year 2008, in implementing new construction or facilities
improvement and repair project grants in excess of $100,000 that
are provided to grant schools under Public Law 100–297, as
amended, the Secretary of the Interior shall use the Administrative
and Audit Requirements and Cost Principles for Assistance Programs contained in 43 CFR part 12 as the regulatory requirements:
Provided further, That such grants shall not be subject to section
12.61 of 43 CFR; the Secretary and the grantee shall negotiate
and determine a schedule of payments for the work to be performed:
Provided further, That in considering applications, the Secretary
shall consider whether such grantee would be deficient in assuring
that the construction projects conform to applicable building standards and codes and Federal, tribal, or State health and safety
standards as required by 25 U.S.C. 2005(b), with respect to
organizational and financial management capabilities: Provided further, That if the Secretary declines an application, the Secretary
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121 STAT. 2112
PUBLIC LAW 110–161—DEC. 26, 2007
shall follow the requirements contained in 25 U.S.C. 2504(f): Provided further, That any disputes between the Secretary and any
grantee concerning a grant shall be subject to the disputes provision
in 25 U.S.C. 2507(e): Provided further, That in order to ensure
timely completion of replacement school construction projects, the
Secretary may assume control of a project and all funds related
to the project, if, within eighteen months of the date of enactment
of this Act, any grantee receiving funds appropriated in this Act
or in any prior Act, has not completed the planning and design
phase of the project and commenced construction of the replacement
school: Provided further, That this Appropriation may be reimbursed
from the Office of the Special Trustee for American Indians Appropriation for the appropriate share of construction costs for space
expansion needed in agency offices to meet trust reform
implementation.
INDIAN LAND AND WATER CLAIM SETTLEMENTS AND MISCELLANEOUS
PAYMENTS TO INDIANS
For payments and necessary administrative expenses for
implementation of Indian land and water claim settlements pursuant to Public Laws 99–264, 100–580, 101–618, 107–331, 108–447,
109–379, and 109–479, and for implementation of other land and
water rights settlements, $34,069,000, to remain available until
expended.
INDIAN GUARANTEED LOAN PROGRAM ACCOUNT
For the cost of guaranteed and insured loans, $6,276,000, of
which $700,000 is for administrative expenses, as authorized by
the Indian Financing Act of 1974, as amended: Provided, That
such costs, including the cost of modifying such loans, shall be
as defined in section 502 of the Congressional Budget Act of 1974:
Provided further, That these funds are available to subsidize total
loan principal, any part of which is to be guaranteed, not to exceed
$85,506,098.
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ADMINISTRATIVE PROVISIONS
The Bureau of Indian Affairs may carry out the operation
of Indian programs by direct expenditure, contracts, cooperative
agreements, compacts and grants, either directly or in cooperation
with States and other organizations.
Notwithstanding 25 U.S.C. 15, the Bureau of Indian Affairs
may contract for services in support of the management, operation,
and maintenance of the Power Division of the San Carlos Irrigation
Project.
Appropriations for the Bureau of Indian Affairs (except the
revolving fund for loans, the Indian loan guarantee and insurance
fund, and the Indian Guaranteed Loan Program account) shall
be available for expenses of exhibits.
Notwithstanding any other provision of law, no funds available
to the Bureau of Indian Affairs for central office oversight and
Executive Direction and Administrative Services (except executive
direction and administrative services funding for Tribal Priority
Allocations and regional offices) shall be available for contracts,
grants, compacts, or cooperative agreements with the Bureau of
Indian Affairs under the provisions of the Indian Self-Determination
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PUBLIC LAW 110–161—DEC. 26, 2007
121 STAT. 2113
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Act or the Tribal Self-Governance Act of 1994 (Public Law 103–
413).
In the event any tribe returns appropriations made available
by this Act to the Bureau of Indian Affairs, this action shall not
diminish the Federal Government’s trust responsibility to that tribe,
or the government-to-government relationship between the United
States and that tribe, or that tribe’s ability to access future appropriations.
Notwithstanding any other provision of law, no funds available
to the Bureau, other than the amounts provided herein for assistance to public schools under 25 U.S.C. 452 et seq., shall be available
to support the operation of any elementary or secondary school
in the State of Alaska.
Appropriations made available in this or any other Act for
schools funded by the Bureau shall be available only to the schools
in the Bureau school system as of September 1, 1996. No funds
available to the Bureau shall be used to support expanded grades
for any school or dormitory beyond the grade structure in place
or approved by the Secretary of the Interior at each school in
the Bureau school system as of October 1, 1995. Funds made
available under this Act may not be used to establish a charter
school at a Bureau-funded school (as that term is defined in section
1146 of the Education Amendments of 1978 (25 U.S.C. 2026)),
except that a charter school that is in existence on the date of
the enactment of this Act and that has operated at a Bureaufunded school before September 1, 1999, may continue to operate
during that period, but only if the charter school pays to the
Bureau a pro rata share of funds to reimburse the Bureau for
the use of the real and personal property (including buses and
vans), the funds of the charter school are kept separate and apart
from Bureau funds, and the Bureau does not assume any obligation
for charter school programs of the State in which the school is
located if the charter school loses such funding. Employees of
Bureau-funded schools sharing a campus with a charter school
and performing functions related to the charter school’s operation
and employees of a charter school shall not be treated as Federal
employees for purposes of chapter 171 of title 28, United States
Code.
Notwithstanding 25 U.S.C. 2007(d), and implementing regulations, the funds reserved from the Indian Student Equalization
Program to meet emergencies and unforeseen contingencies
affecting education programs appropriated herein and in Public
Law 109–54 may be used for costs associated with significant student enrollment increases at Bureau-funded schools during the
relevant school year.
Notwithstanding any other provision of law, including section
113 of title I of appendix C of Public Law 106–113, if in fiscal
year 2003 or 2004 a grantee received indirect and administrative
costs pursuant to a distribution formula based on section 5(f) of
Public Law 101–301, the Secretary shall continue to distribute
indirect and administrative cost funds to such grantee using the
section 5(f) distribution formula.
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121 STAT. 2114
PUBLIC LAW 110–161—DEC. 26, 2007
DEPARTMENTAL OFFICES
OFFICE
OF THE
SECRETARY
SALARIES AND EXPENSES
For necessary expenses for management of the Department
of the Interior, $101,151,000; of which not to exceed $15,000 may
be for official reception and representation expenses; and of which
up to $1,000,000 shall be available for workers compensation payments and unemployment compensation payments associated with
the orderly closure of the United States Bureau of Mines.
INSULAR AFFAIRS
ASSISTANCE TO TERRITORIES
48 USC 1469b.
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Close Up
Foundation.
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For expenses necessary for assistance to territories under the
jurisdiction of the Department of the Interior, $78,613,000, of which:
(1) $70,137,000 shall remain available until expended for technical
assistance, including maintenance assistance, disaster assistance,
insular management controls, coral reef initiative activities, and
brown tree snake control and research; grants to the judiciary
in American Samoa for compensation and expenses, as authorized
by law (48 U.S.C. 1661(c)); grants to the Government of American
Samoa, in addition to current local revenues, for construction and
support of governmental functions; grants to the Government of
the Virgin Islands as authorized by law; grants to the Government
of Guam, as authorized by law; and grants to the Government
of the Northern Mariana Islands as authorized by law (Public
Law 94–241; 90 Stat. 272); and (2) $8,476,000 shall be available
until September 30, 2009 for salaries and expenses of the Office
of Insular Affairs: Provided, That all financial transactions of the
territorial and local governments herein provided for, including
such transactions of all agencies or instrumentalities established
or used by such governments, may be audited by the Government
Accountability Office, at its discretion, in accordance with chapter
35 of title 31, United States Code: Provided further, That Northern
Mariana Islands Covenant grant funding shall be provided
according to those terms of the Agreement of the Special Representatives on Future United States Financial Assistance for the
Northern Mariana Islands approved by Public Law 104–134: Provided further, That of the amounts provided for technical assistance,
sufficient funds shall be made available for a grant to the Pacific
Basin Development Council: Provided further, That of the amounts
provided for technical assistance, sufficient funding shall be made
available for a grant to the Close Up Foundation: Provided further,
That the funds for the program of operations and maintenance
improvement are appropriated to institutionalize routine operations
and maintenance improvement of capital infrastructure with territorial participation and cost sharing to be determined by the Secretary based on the grantee’s commitment to timely maintenance
of its capital assets: Provided further, That any appropriation for
disaster assistance under this heading in this Act or previous appropriations Acts may be used as non-Federal matching funds for
the purpose of hazard mitigation grants provided pursuant to section 404 of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5170c).
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PUBLIC LAW 110–161—DEC. 26, 2007
121 STAT. 2115
COMPACT OF FREE ASSOCIATION
For grants and necessary expenses, $5,362,000, to remain available until expended, as provided for in sections 221(a)(2), 221(b),
and 233 of the Compact of Free Association for the Republic of
Palau; and section 221(a)(2) of the Compacts of Free Association
for the Government of the Republic of the Marshall Islands and
the Federated States of Micronesia, as authorized by Public Law
99–658 and Public Law 108–188.
OFFICE
OF THE
SOLICITOR
SALARIES AND EXPENSES
For necessary
$59,250,000.
expenses
OFFICE
of
the
OF INSPECTOR
Office
of
the
Solicitor,
GENERAL
SALARIES AND EXPENSES
For necessary expenses of the Office of Inspector General,
$44,572,000.
OFFICE
OF
SPECIAL TRUSTEE
FOR
AMERICAN INDIANS
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FEDERAL TRUST PROGRAMS
For the operation of trust programs for Indians by direct
expenditure, contracts, cooperative agreements, compacts, and
grants, $182,331,000, to remain available until expended, of which
not to exceed $56,384,000 from this or any other Act, shall be
available for historical accounting: Provided, That funds for trust
management improvements and litigation support may, as needed,
be transferred to or merged with the Bureau of Indian Affairs,
‘‘Operation of Indian Programs’’ account; the Office of the Solicitor,
‘‘Salaries and Expenses’’ account; and the Office of the Secretary,
‘‘Salaries and Expenses’’ account: Provided further, That funds made
available through contracts or grants obligated during fiscal year
2008, as authorized by the Indian Self-Determination Act of 1975
(25 U.S.C. 450 et seq.), shall remain available until expended by
the contractor or grantee: Provided further, That, notwithstanding
any other provision of law, the statute of limitations shall not
commence to run on any claim, including any claim in litigation
pending on the date of the enactment of this Act, concerning losses
to or mismanagement of trust funds, until the affected tribe or
individual Indian has been furnished with an accounting of such
funds from which the beneficiary can determine whether there
has been a loss: Provided further, That, notwithstanding any other
provision of law, the Secretary shall not be required to provide
a quarterly statement of performance for any Indian trust account
that has not had activity for at least 18 months and has a balance
of $15.00 or less: Provided further, That the Secretary shall issue
an annual account statement and maintain a record of any such
accounts and shall permit the balance in each such account to
be withdrawn upon the express written request of the account
holder: Provided further, That not to exceed $50,000 is available
for the Secretary to make payments to correct administrative errors
of either disbursements from or deposits to Individual Indian Money
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Records.
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121 STAT. 2116
PUBLIC LAW 110–161—DEC. 26, 2007
or Tribal accounts after September 30, 2002: Provided further,
That erroneous payments that are recovered shall be credited to
and remain available in this account for this purpose.
INDIAN LAND CONSOLIDATION
For consolidation of fractional interests in Indian lands and
expenses associated with redetermining and redistributing
escheated interests in allotted lands, and for necessary expenses
to carry out the Indian Land Consolidation Act of 1983, as amended,
by direct expenditure or cooperative agreement, $10,000,000, to
remain available until expended, and which may be transferred
to the Bureau of Indian Affairs and Office of the Secretary accounts.
DEPARTMENT-WIDE PROGRAMS
PAYMENTS IN LIEU OF TAXES
For expenses necessary to implement the Act of October 20,
1976, as amended (31 U.S.C. 6901–6907), $232,528,000, of which
not to exceed $400,000 shall be available for administrative
expenses: Provided, That no payment shall be made to otherwise
eligible units of local government if the computed amount of the
payment is less than $100.
CENTRAL HAZARDOUS MATERIALS FUND
42 USC 9607
note.
For necessary expenses of the Department of the Interior and
any of its component offices and bureaus for the remedial action,
including associated activities, of hazardous waste substances,
pollutants, or contaminants pursuant to the Comprehensive
Environmental Response, Compensation, and Liability Act, as
amended (42 U.S.C. 9601 et seq.), $9,954,000, to remain available
until expended: Provided, That hereafter, notwithstanding 31 U.S.C.
3302, sums recovered from or paid by a party in advance of or
as reimbursement for remedial action or response activities conducted by the Department pursuant to section 107 or 113(f) of
such Act, shall be credited to this account, to be available until
expended without further appropriation: Provided further, That
hereafter such sums recovered from or paid by any party are not
limited to monetary payments and may include stocks, bonds or
other personal or real property, which may be retained, liquidated,
or otherwise disposed of by the Secretary and which shall be credited to this account.
NATURAL RESOURCE DAMAGE ASSESSMENT AND RESTORATION
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NATURAL RESOURCE DAMAGE ASSESSMENT FUND
To conduct natural resource damage assessment and restoration activities by the Department of the Interior necessary to carry
out the provisions of the Comprehensive Environmental Response,
Compensation, and Liability Act, as amended (42 U.S.C. 9601 et
seq.), the Federal Water Pollution Control Act, as amended (33
U.S.C. 1251 et seq.), the Oil Pollution Act of 1990 (33 U.S.C.
2701 et seq.), and Public Law 101–337, as amended (16 U.S.C.
19jj et seq.), $6,300,000, to remain available until expended.
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PUBLIC LAW 110–161—DEC. 26, 2007
121 STAT. 2117
WORKING CAPITAL FUND
For the acquisition of a departmental financial and business
management system, $40,727,000, to remain available until
expended: Provided, That none of the funds in this Act or previous
appropriations Acts may be used to establish reserves in the
Working Capital Fund account other than for accrued annual leave
and depreciation of equipment without prior approval of the House
and Senate Committees on Appropriations.
ADMINISTRATIVE PROVISIONS
There is hereby authorized for acquisition from available
resources within the Working Capital Fund, 15 aircraft, 10 of which
shall be for replacement and which may be obtained by donation,
purchase or through available excess surplus property: Provided,
That existing aircraft being replaced may be sold, with proceeds
derived or trade-in value used to offset the purchase price for
the replacement aircraft.
GENERAL PROVISIONS, DEPARTMENT
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(INCLUDING
OF THE INTERIOR
TRANSFERS OF FUNDS)
SEC. 101. Appropriations made in this title shall be available
for expenditure or transfer (within each bureau or office), with
the approval of the Secretary, for the emergency reconstruction,
replacement, or repair of aircraft, buildings, utilities, or other facilities or equipment damaged or destroyed by fire, flood, storm, or
other unavoidable causes: Provided, That no funds shall be made
available under this authority until funds specifically made available to the Department of the Interior for emergencies shall have
been exhausted: Provided further, That all funds used pursuant
to this section must be replenished by a supplemental appropriation
which must be requested as promptly as possible.
SEC. 102. The Secretary may authorize the expenditure or
transfer of any no year appropriation in this title, in addition
to the amounts included in the budget programs of the several
agencies, for the suppression or emergency prevention of wildland
fires on or threatening lands under the jurisdiction of the Department of the Interior; for the emergency rehabilitation of burnedover lands under its jurisdiction; for emergency actions related
to potential or actual earthquakes, floods, volcanoes, storms, or
other unavoidable causes; for contingency planning subsequent to
actual oil spills; for response and natural resource damage assessment activities related to actual oil spills; for the prevention,
suppression, and control of actual or potential grasshopper and
Mormon cricket outbreaks on lands under the jurisdiction of the
Secretary, pursuant to the authority in section 1773(b) of Public
Law 99–198 (99 Stat. 1658); for emergency reclamation projects
under section 410 of Public Law 95–87; and shall transfer, from
any no year funds available to the Office of Surface Mining Reclamation and Enforcement, such funds as may be necessary to permit
assumption of regulatory authority in the event a primacy State
is not carrying out the regulatory provisions of the Surface Mining
Act: Provided, That appropriations made in this title for wildland
fire operations shall be available for the payment of obligations
incurred during the preceding fiscal year, and for reimbursement
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121 STAT. 2118
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Determination.
VerDate Aug 31 2005
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PUBLIC LAW 110–161—DEC. 26, 2007
to other Federal agencies for destruction of vehicles, aircraft, or
other equipment in connection with their use for wildland fire
operations, such reimbursement to be credited to appropriations
currently available at the time of receipt thereof: Provided further,
That for wildland fire operations, no funds shall be made available
under this authority until the Secretary determines that funds
appropriated for ‘‘wildland fire operations’’ shall be exhausted
within 30 days: Provided further, That all funds used pursuant
to this section must be replenished by a supplemental appropriation
which must be requested as promptly as possible: Provided further,
That such replenishment funds shall be used to reimburse, on
a pro rata basis, accounts from which emergency funds were transferred.
SEC. 103. Appropriations made to the Department of the
Interior in this title shall be available for services as authorized
by 5 U.S.C. 3109, when authorized by the Secretary, in total amount
not to exceed $500,000; purchase and replacement of motor vehicles,
including specially equipped law enforcement vehicles; hire, maintenance, and operation of aircraft; hire of passenger motor vehicles;
purchase of reprints; payment for telephone service in private residences in the field, when authorized under regulations approved
by the Secretary; and the payment of dues, when authorized by
the Secretary, for library membership in societies or associations
which issue publications to members only or at a price to members
lower than to subscribers who are not members.
SEC. 104. No funds provided in this title may be expended
by the Department of the Interior for the conduct of offshore
preleasing, leasing and related activities placed under restriction
in the President’s moratorium statement of June 12, 1998, in the
areas of northern, central, and southern California; the North
Atlantic; Washington and Oregon; and the eastern Gulf of Mexico
south of 26 degrees north latitude and east of 86 degrees west
longitude.
SEC. 105. No funds provided in this title may be expended
by the Department of the Interior to conduct oil and natural gas
preleasing, leasing and related activities in the Mid-Atlantic and
South Atlantic planning areas.
SEC. 106. Appropriations made in this Act under the headings
Bureau of Indian Affairs and Office of Special Trustee for American
Indians and any unobligated balances from prior appropriations
Acts made under the same headings shall be available for expenditure or transfer for Indian trust management and reform activities,
excluding litigation costs. Total funding for historical accounting
activities shall not exceed amounts specifically designated in this
Act for such purpose.
SEC. 107. Notwithstanding any other provision of law, the
Secretary of the Interior is authorized to redistribute any Tribal
Priority Allocation funds, including tribal base funds, to alleviate
tribal funding inequities by transferring funds to address identified,
unmet needs, dual enrollment, overlapping service areas or inaccurate distribution methodologies. No tribe shall receive a reduction
in Tribal Priority Allocation funds of more than 10 percent in
fiscal year 2008. Under circumstances of dual enrollment, overlapping service areas or inaccurate distribution methodologies, the
10 percent limitation does not apply.
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PUBLIC LAW 110–161—DEC. 26, 2007
121 STAT. 2119
SEC. 108. Notwithstanding any other provision of law, in conveying the Twin Cities Research Center under the authority provided by Public Law 104–134, as amended by Public Law 104–
208, the Secretary may accept and retain land and other forms
of reimbursement: Provided, That the Secretary may retain and
use any such reimbursement until expended and without further
appropriation: (1) for the benefit of the National Wildlife Refuge
System within the State of Minnesota; and (2) for all activities
authorized by 16 U.S.C. 460zz.
SEC. 109. The Secretary of the Interior may hereafter use
or contract for the use of helicopters or motor vehicles on the
Sheldon and Hart National Wildlife Refuges for the purpose of
capturing and transporting horses and burros. The provisions of
subsection (a) of the Act of September 8, 1959 (18 U.S.C. 47(a))
shall not be applicable to such use. Such use shall be in accordance
with humane procedures prescribed by the Secretary.
SEC. 110. None of the funds in this or any other Act can
be used to compensate the Special Master and the Special MasterMonitor, and all variations thereto, appointed by the United States
District Court for the District of Columbia in the Cobell v.
Kempthorne litigation at an annual rate that exceeds 200 percent
of the highest Senior Executive Service rate of pay for the Washington-Baltimore locality pay area.
SEC. 111. The Secretary of the Interior may use discretionary
funds to pay private attorney fees and costs for employees and
former employees of the Department of the Interior reasonably
incurred in connection with Cobell v. Kempthorne to the extent
that such fees and costs are not paid by the Department of Justice
or by private insurance. In no case shall the Secretary make payments under this section that would result in payment of hourly
fees in excess of the highest hourly rate approved by the District
Court for the District of Columbia for counsel in Cobell v.
Kempthorne.
SEC. 112. No funds appropriated for the Department of the
Interior by this Act or any other Act shall be used to study or
implement any plan to drain Lake Powell or to reduce the water
level of the lake below the range of water levels required for
the operation of the Glen Canyon Dam.
SEC. 113. The United States Fish and Wildlife Service shall,
in carrying out its responsibilities to protect threatened and endangered species of salmon, implement a system of mass marking
of salmonid stocks, intended for harvest, that are released from
federally-operated or federally-financed hatcheries including but not
limited to fish releases of coho, chinook, and steelhead species.
Marked fish must have a visible mark that can be readily identified
by commercial and recreational fishers.
SEC. 114. Notwithstanding any implementation of the Department of the Interior’s trust reorganization or reengineering plans,
or the implementation of the ‘‘To Be’’ Model, funds appropriated
for fiscal year 2008 shall be available to the tribes within the
California Tribal Trust Reform Consortium and to the Salt River
Pima-Maricopa Indian Community, the Confederated Salish and
Kootenai Tribes of the Flathead Reservation and the Chippewa
Cree Tribe of the Rocky Boys Reservation through the same methodology as funds were distributed in fiscal year 2003. This Demonstration Project shall continue to operate separate and apart from
the Department of the Interior’s trust reform and reorganization
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Procedures.
Salmon.
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121 STAT. 2120
Renewal.
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Washington.
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PUBLIC LAW 110–161—DEC. 26, 2007
and the Department shall not impose its trust management infrastructure upon or alter the existing trust resource management
systems of the above referenced tribes having a self-governance
compact and operating in accordance with the Tribal Self-Governance Program set forth in 25 U.S.C. 458aa–458hh: Provided, That
the California Trust Reform Consortium and any other participating
tribe agree to carry out their responsibilities under the same written
and implemented fiduciary standards as those being carried by
the Secretary of the Interior: Provided further, That they demonstrate to the satisfaction of the Secretary that they have the
capability to do so: Provided further, That the Department shall
provide funds to the tribes in an amount equal to that required
by 25 U.S.C. 458cc(g)(3), including funds specifically or functionally
related to the provision of trust services to the tribes or their
members.
SEC. 115. Notwithstanding any other provision of law, the
Secretary of the Interior is authorized to acquire lands, waters,
or interests therein including the use of all or part of any pier,
dock, or landing within the State of New York and the State
of New Jersey, for the purpose of operating and maintaining facilities in the support of transportation and accommodation of visitors
to Ellis, Governors, and Liberty Islands, and of other program
and administrative activities, by donation or with appropriated
funds, including franchise fees (and other monetary consideration),
or by exchange; and the Secretary is authorized to negotiate and
enter into leases, subleases, concession contracts or other agreements for the use of such facilities on such terms and conditions
as the Secretary may determine reasonable.
SEC. 116. Notwithstanding any other provision of law, including
42 U.S.C. 4321 et seq., nonrenewable grazing permits authorized
in the Jarbidge Field Office, Bureau of Land Management since
March 1, 1997 shall be renewed. The Animal Unit Months, authorized in any nonrenewable grazing permit from March 1, 1997 to
present shall continue in effect under the renewed permit. Nothing
in this section shall be deemed to extend the renewed permit
beyond the standard 1-year term. The period of this provision
will be until all of the grazing permits in the Jarbidge Field Office
are renewed after the completion of the Record of Decision for
the Jarbidge Resource Management Plan/Final Environmental
Impact Statement.
SEC. 117. OIL AND GAS LEASING INTERNET PILOT PROGRAM.
Notwithstanding section 17(b)(1)(A) of the Mineral Leasing Act
(30 U.S.C 226(b)(1)(A)), the Secretary of the Interior shall establish
an oil and gas leasing Internet pilot program, under which the
Secretary may conduct lease sales through methods other than
oral bidding. To carry out the pilot program, the Secretary of
the Interior may use not more than $250,000 of funds in the
BLM Permit Processing Improvement Fund described in section
35(c)(2)(B) of the Mineral Leasing Act (30 U.S.C. 191(c)(2)(B)).
SEC. 118. Notwithstanding any other provision of law, the
Secretary of the Interior is directed to sell property within the
Protection Island National Wildlife Refuge and the Dungeness
National Wildlife Refuge to the Washington State Department of
Transportation.
SEC. 119. No funds appropriated or otherwise made available
to the Department of the Interior may be used, in relation to
any proposal to store water for the purpose of export, for approval
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121 STAT. 2121
of any right-of-way or similar authorization on the Mojave National
Preserve or lands managed by the Needles Field Office of the
Bureau of Land Management, or for carrying out any activities
associated with such right-of-way or similar approval.
SEC. 120. Section 460ccc–4 of the Red Rock Canyon National
Conservation Area Establishment Act authorization (16 U.S.C.
460ccc) is amended—
(1) in section (a)(1), by striking ‘‘with donated or appropriated funds’’;
(2) by striking section (a)(2);
(3) in section (a)(3), by striking ‘‘(3)’’ and replacing with
‘‘(2)’’; and
(4) in section (a)(4), by striking ‘‘(4)’’ and replacing with
‘‘(3)’’.
SEC. 121. Title 43 U.S.C. 1473 is amended by inserting at
the end of that section before the period the following: ‘‘, including,
in fiscal year 2008 only, contributions of money and services to
conduct work in support of the orderly exploration and development
of Outer Continental Shelf resources, including but not limited
to, preparation of environmental documents such as impact statements and assessments, studies, and related research’’.
SEC. 122. Section 1077(c) of Public Law 109–364 is repealed.
SEC. 123. Section 144 of division E of Public Law 108–447,
as amended, is amended in paragraph (b)(2) by striking ‘‘November
12, 2004’’ and inserting ‘‘May 4, 2005.’’
SEC. 124. Section 105(f)(1)(B) of the Compact of Free Association
Amendments Act of 2003 (48 U.S.C. 1921d(f)(1)(B)) is amended
in clause (ix) by—
(1) striking ‘‘Republic’’ both places it appears and inserting
‘‘government, institutions, and people’’;
(2) striking ‘‘2007’’ and inserting ‘‘2009’’; and
(3) striking ‘‘was’’ and inserting ‘‘were’’.
SEC. 125. The Secretary of the Interior may enter into cooperative agreements with a State or political subdivision (including
any agency thereof), or any not-for-profit organization if the agreement will: (1) serve a mutual interest of the parties to the agreement
in carrying out the programs administered by the Department
of the Interior; and (2) all parties will contribute resources to
the accomplishment of these objectives. At the discretion of the
Secretary, such agreements shall not be subject to a competitive
process.
SEC. 126. The Federal properties commonly referred to as the
Barnes Ranch and Agency Lake Ranch (the properties) in Klamath
County, Oregon, managed by the Bureau of Reclamation shall be
transferred to the Upper Klamath National Wildlife Refuge (Refuge)
in accordance with the Memorandum of Understanding between
the U.S. Fish and Wildlife Service Klamath Basin National Wildlife
Refuge Complex and the Bureau of Reclamation Klamath Basin
Area Office and The Nature Conservancy dated March 2, 2007,
as expeditiously as possible and no later than December 2008:
Provided, That these Federal properties and all Federal refuge
lands within the adjusted boundary area for the Refuge, as approved
by the U.S. Fish and Wildlife Service (Service) in June 2005 under
the Land Protection Plan of 2005, shall be made a part of the
Refuge and shall be managed by the Service as such: Provided
further, That each year after the properties become part of the
Refuge, those increments of water passively stored on the properties
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16 USC 460ccc–4.
120 Stat. 2406.
118 Stat. 3072.
Land transfer.
Oregon.
Deadline.
Applicability.
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16 USC 431 note.
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PUBLIC LAW 110–161—DEC. 26, 2007
shall be applied and credited toward the requirements of any consultation or reconsultation over Klamath Project operations pursuant to section 7 of the Endangered Species Act, consistent with
Federal law and State water law.
SEC. 127. CORINTH UNIT OF SHILOH NATIONAL MILITARY PARK
BOUNDARY EXPANSION. The Corinth Battlefield Preservation Act
of 2000 (16 U.S.C. 430f–6 et seq.) is amended—
(1) in section 3(1) (16 U.S.C. 430f–7(1)), by striking ‘‘304/
80,007, and dated October 1998’’ and inserting ‘‘304A/80009,
and dated April 2007’’;
(2) in section 4(b) (16 U.S.C. 430f–8(b)), by striking paragraph (1) and inserting the following:
‘‘(1) approximately 950 acres, as generally depicted on the
Map; and’’;
(3) in section 5(a) (16 U.S.C. 430f–9(a)), by striking ‘‘as
depicted on the Map’’ and inserting ‘‘described in section 4(b)’’;
(4) by striking section 7 (16 U.S.C. 430f–11); and
(5) by redesignating section 8 (16 U.S.C. 430f–12) as section
7.
SEC. 128. In section 5(8) of Public Law 107–226, strike ‘‘acquire’’
and all that follows and insert, ‘‘acquire the land or interests
in land for the memorial by donation, purchase with donated or
appropriated funds, exchange or condemnation with donated or
appropriated funds; and’’.
SEC. 129. CLARIFICATION OF CONCESSIONAIRE HISTORIC RIGHTS.
(a) In implementing section 1307 of Public Law 96–487 (96 Stat.
2479), the Secretary shall deem Denali National Park Wilderness
Centers, Ltd., a corporation organized and existing under the laws
of the State of Alaska, to be a person who, on or before January
1, 1979, was engaged in adequately providing the following scope
and level of visitor services within what is currently Denali National
Park and Preserve:
(1) Guided interpretive hiking services in the Kantishna
area new park additions (i.e. park area added in 1980 to former
Mount McKinley National Park), not to exceed 14 guided
interpretive hikes per week.
(2) Gold panning outings in the Kantishna area new park
additions, not to exceed 3 gold panning outings per week.
(3) Guided interpretive trips, including an average of four
vehicle trips per day, not to exceed 28 trips per week, into
the Old Park (i.e. former Mount McKinley National Park).
(4) Guided and unguided canoeing on Wonder Lake,
including the storage of five canoes on Wonder Lake.
(5) Transportation over the road between the north
boundary of the Old Park and Wonder Lake, including Wonder
Lake Campground, for an average of 10 trips per day not
to exceed 70 trips per week.
(b) For purpose of implementing this section, the term ‘‘person’’
means the person who has a controlling interest in the entity
described under subsection (a) or his lineal descendants born prior
to January 1, 1979.
SEC. 130. Section 16 of the Colorado Ute Indian Water Rights
Settlement Act of 1988 (Public Law 100–585; 102 Stat. 2913; 114
Stat. 2763A–263)) is amended—
(1) in subsection (c)(3)(B)(iii), by striking ‘‘by requiring’’
and all that follows through ‘‘enhancement’’ and inserting the
following: ‘‘, the plan shall provide that not less than 1⁄3 of
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PUBLIC LAW 110–161—DEC. 26, 2007
121 STAT. 2123
the funds referred to in clause (i) shall be expended for municipal or rural water development and that annual expenditures
under that provision shall be reported to the Secretary each
year’’; and
(2) in the third sentence of subsection (f), by striking
‘‘December 31, 2012’’ and inserting ‘‘the date that is 5 years
after the date of the final settlement of the tribal claims under
section 18’’.
SEC. 131. Funds provided in this Act for Federal land acquisition by the National Park Service for Shenandoah Valley Battlefields National Historic District and Ice Age National Scenic Trail
may be used for a grant to a State, a local government, or any
other land management entity for the acquisition of lands without
regard to any restriction on the use of Federal land acquisition
funds provided through the Land and Water Conservation Fund
Act of 1965 as amended.
SEC. 132. From within amounts provided to the National Park
Service Land Acquisition account by this Act, $2,000,000 shall
be made available to the State of Mississippi pursuant to a grant
agreement with the National Park Service, in order that the State
may acquire land or interests in land on Cat Island, which is
located within the Gulf Islands National Seashore. Funds provided
to the State of Mississippi through such grant agreement shall
not be contingent upon matching funds provided by the State.
Any lands or interests acquired with funds under this section shall
be owned by the Federal Government and administered as part
of the National Seashore.
SEC. 133. MESA VERDE NATIONAL PARK BOUNDARY CHANGE.
(a) ACQUISITION OF LAND.—
(1) IN GENERAL.—The Secretary may acquire the land or
an interest in the land described in subsection (b) for addition
to the Mesa Verde National Park.
(2) MEANS.—An acquisition of land under paragraph (1)
may be made by donation, purchase from a willing seller with
donated or appropriated funds, or exchange.
(b) DESCRIPTION OF LAND.—The land referred to in subsection
(a)(1) is the approximately 360 acres of land adjacent to the Park,
as generally depicted on the map, entitled ‘‘Mesa Verde National
Park Proposed Boundary Adjustment’’, numbered 307/80,180, and
dated March 1, 2007.
(c) AVAILABILITY OF MAP.—The map shall be on file and available for inspection in the appropriate offices of the National Park
Service.
(d) BOUNDARY MODIFICATION.—The boundary of the Park shall
be revised to reflect the acquisition of the land under subsection
(a).
(e) ADMINISTRATION.—The Secretary shall administer any land
or interest in land acquired under subsection (a)(1) as part of
the Park in accordance with the laws (including regulations)
applicable to the Park.
SEC. 134. In implementing section 1307 of Public Law 96–
487 (4 Stat. 2479), the Secretary shall deem the present holders
of entry permit CP–GLBA005–00 and entry permit CP–GLBA004–
00 each to be a person who, on or before January 1, 1979, was
engaged in adequately providing visitor services of the type authorized in said permit within Glacier Bay National Park.
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Mississippi.
16 USC 111 note.
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PUBLIC LAW 110–161—DEC. 26, 2007
SEC. 135. Funds provided under Public Law 109–54 may be
granted to the Alice Ferguson Foundation for site planning and
design and rehabilitation of the Potomac River Habitat Study Complex and the Wareham Lodge.
TITLE II
ENVIRONMENTAL PROTECTION AGENCY
SCIENCE
AND
TECHNOLOGY
For science and technology, including research and development
activities, which shall include research and development activities
under the Comprehensive Environmental Response, Compensation,
and Liability Act of 1980, as amended; necessary expenses for
personnel and related costs and travel expenses, including uniforms,
or allowances therefor, as authorized by 5 U.S.C. 5901–5902; services as authorized by 5 U.S.C. 3109, but at rates for individuals
not to exceed the per diem rate equivalent to the maximum rate
payable for senior level positions under 5 U.S.C. 5376; procurement
of laboratory equipment and supplies; other operating expenses
in support of research and development; construction, alteration,
repair, rehabilitation, and renovation of facilities, not to exceed
$85,000 per project, $772,129,000, to remain available until September 30, 2009.
ENVIRONMENTAL PROGRAMS
AND
MANAGEMENT
For environmental programs and management, including necessary expenses, not otherwise provided for, for personnel and
related costs and travel expenses, including uniforms, or allowances
therefor, as authorized by 5 U.S.C. 5901–5902; services as authorized by 5 U.S.C. 3109, but at rates for individuals not to exceed
the per diem rate equivalent to the maximum rate payable for
senior level positions under 5 U.S.C. 5376; hire of passenger motor
vehicles; hire, maintenance, and operation of aircraft; purchase
of reprints; library memberships in societies or associations which
issue publications to members only or at a price to members lower
than to subscribers who are not members; construction, alteration,
repair, rehabilitation, and renovation of facilities, not to exceed
$85,000 per project; and not to exceed $9,000 for official reception
and representation expenses, $2,364,854,000, to remain available
until September 30, 2009, including administrative costs of the
brownfields program under the Small Business Liability Relief and
Brownfields Revitalization Act of 2002.
OFFICE
OF INSPECTOR
GENERAL
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978,
as amended, and for construction, alteration, repair, rehabilitation,
and renovation of facilities, not to exceed $85,000 per project,
$41,750,000, to remain available until September 30, 2009.
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BUILDINGS
AND
FACILITIES
For construction, repair, improvement, extension, alteration,
and purchase of fixed equipment or facilities of, or for use by,
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PUBLIC LAW 110–161—DEC. 26, 2007
121 STAT. 2125
the Environmental Protection Agency, $34,801,000, to remain available until expended.
HAZARDOUS SUBSTANCE SUPERFUND
(INCLUDING
TRANSFERS OF FUNDS)
For necessary expenses to carry out the Comprehensive
Environmental Response, Compensation, and Liability Act of 1980
(CERCLA), as amended, including sections 111(c)(3), (c)(5), (c)(6),
and (e)(4) (42 U.S.C. 9611), and for construction, alteration, repair,
rehabilitation, and renovation of facilities, not to exceed $85,000
per project; $1,273,871,000, to remain available until expended,
consisting of such sums as are available in the Trust Fund on
September 30, 2007, as authorized by section 517(a) of the Superfund Amendments and Reauthorization Act of 1986 (SARA) and
up to $1,273,871,000 as a payment from general revenues to the
Hazardous Substance Superfund for purposes as authorized by section 517(b) of SARA, as amended: Provided, That funds appropriated
under this heading may be allocated to other Federal agencies
in accordance with section 111(a) of CERCLA: Provided further,
That of the funds appropriated under this heading, $11,668,000
shall be paid to the ‘‘Office of Inspector General’’ appropriation
to remain available until September 30, 2009, and $26,126,000
shall be paid to the ‘‘Science and Technology’’ appropriation to
remain available until September 30, 2009.
LEAKING UNDERGROUND STORAGE TANK TRUST FUND PROGRAM
For necessary expenses to carry out leaking underground storage tank cleanup activities authorized by subtitle I of the Solid
Waste Disposal Act, as amended, and for construction, alteration,
repair, rehabilitation, and renovation of Environmental Protection
Agency facilities, not to exceed $85,000 per project, $107,493,000,
to remain available until expended, of which $76,493,000 shall
be for carrying out leaking underground storage tank cleanup activities authorized by section 9003(h) of the Solid Waste Disposal
Act, as amended; $31,000,000 shall be for carrying out the other
provisions of the Solid Waste Disposal Act specified in section
9508(c) of the Internal Revenue Code, as amended: Provided, That
the Administrator is authorized to use appropriations made available under this heading to implement section 9013 of the Solid
Waste Disposal Act to provide financial assistance to federallyrecognized Indian tribes for the development and implementation
of programs to manage underground storage tanks.
OIL SPILL RESPONSE
For expenses necessary to carry out the Environmental Protection Agency’s responsibilities under the Oil Pollution Act of 1990,
$17,326,000, to be derived from the Oil Spill Liability trust fund,
to remain available until expended.
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STATE AND TRIBAL ASSISTANCE GRANTS
For environmental programs and infrastructure assistance,
including capitalization grants for State revolving funds and
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121 STAT. 2126
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Alaska.
Deadline.
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PUBLIC LAW 110–161—DEC. 26, 2007
performance partnership grants, $2,972,595,000, to remain available until expended, of which $700,000,000 shall be for making
capitalization grants for the Clean Water State Revolving Funds
under title VI of the Federal Water Pollution Control Act, as
amended (the ‘‘Act’’); of which up to $75,000,000 shall be available
for loans, including interest free loans as authorized by 33 U.S.C.
1383(d)(1)(A), to municipal, inter-municipal, interstate, or State
agencies or nonprofit entities for projects that provide treatment
for or that minimize sewage or stormwater discharges using one
or more approaches which include, but are not limited to, decentralized or distributed stormwater controls, decentralized wastewater
treatment, low-impact development practices, conservation easements, stream buffers, or wetlands restoration; $842,167,000 shall
be for capitalization grants for the Drinking Water State Revolving
Funds under section 1452 of the Safe Drinking Water Act, as
amended; $20,000,000 shall be for architectural, engineering, planning, design, construction and related activities in connection with
the construction of high priority water and wastewater facilities
in the area of the United States-Mexico Border, after consultation
with the appropriate border commission; $25,000,000 shall be for
grants to the State of Alaska to address drinking water and waste
infrastructure needs of rural and Alaska Native Villages: Provided,
That, of these funds: (1) the State of Alaska shall provide a match
of 25 percent; (2) no more than 5 percent of the funds may be
used for administrative and overhead expenses; and (3) not later
than October 1, 2005, the State of Alaska shall make awards
consistent with the State-wide priority list established in 2004
for all water, sewer, waste disposal, and similar projects carried
out by the State of Alaska that are funded under section 221
of the Federal Water Pollution Control Act (33 U.S.C. 1301) or
the Consolidated Farm and Rural Development Act (7 U.S.C. 1921
et seq.) which shall allocate not less than 25 percent of the funds
provided for projects in regional hub communities; $135,000,000
shall be for making special project grants for the construction
of drinking water, wastewater and storm water infrastructure and
for water quality protection in accordance with the terms and
conditions specified for such grants in the explanatory statement
accompanying this Act, and, for purposes of these grants, each
grantee shall contribute not less than 45 percent of the cost of
the project unless the grantee is approved for a waiver by the
Agency; $95,000,000 shall be to carry out section 104(k) of the
Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 (CERCLA), as amended, including grants,
interagency agreements, and associated program support costs;
$50,000,000 shall be for grants under title VII, subtitle G of the
Energy Policy Act of 2005, as amended; $10,000,000 shall be for
grants for cost-effective emission reduction projects in accordance
with the terms and conditions of the explanatory statement accompanying this Act; and $1,095,428,000 shall be for grants, including
associated program support costs, to States, federally-recognized
tribes, interstate agencies, tribal consortia, and air pollution control
agencies for multi-media or single media pollution prevention, control and abatement and related activities, including activities pursuant to the provisions set forth under this heading in Public Law
104–134, and for making grants under section 103 of the Clean
Air Act for particulate matter monitoring and data collection activities subject to terms and conditions specified by the Administrator,
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PUBLIC LAW 110–161—DEC. 26, 2007
121 STAT. 2127
of which $49,495,000 shall be for carrying out section 128 of
CERCLA, as amended, $10,000,000 shall be for Environmental
Information Exchange Network grants, including associated program support costs, $18,500,000 of the funds available for grants
under section 106 of the Act shall be for water quality monitoring
activities, $10,000,000 shall be for making competitive targeted
watershed grants, and, in addition to funds appropriated under
the heading ‘‘Leaking Underground Storage Tank Trust Fund Program’’ to carry out the provisions of the Solid Waste Disposal
Act specified in section 9508(c) of the Internal Revenue Code other
than section 9003(h) of the Solid Waste Disposal Act, as amended,
$2,500,000 shall be for financial assistance to States under section
2007(f)(2) of the Solid Waste Disposal Act, as amended: Provided
further, That notwithstanding section 603(d)(7) of the Federal Water
Pollution Control Act, the limitation on the amounts in a State
water pollution control revolving fund that may be used by a
State to administer the fund shall not apply to amounts included
as principal in loans made by such fund in fiscal year 2008 and
prior years where such amounts represent costs of administering
the fund to the extent that such amounts are or were deemed
reasonable by the Administrator, accounted for separately from
other assets in the fund, and used for eligible purposes of the
fund, including administration: Provided further, That for fiscal
year 2008, and notwithstanding section 518(f) of the Act, the
Administrator is authorized to use the amounts appropriated for
any fiscal year under section 319 of that Act to make grants
to federally-recognized Indian tribes pursuant to sections 319(h)
and 518(e) of that Act: Provided further, That for fiscal year 2008,
notwithstanding the limitation on amounts in section 518(c) of
the Act, up to a total of 11⁄2 percent of the funds appropriated
for State Revolving Funds under title VI of that Act may be reserved
by the Administrator for grants under section 518(c) of that Act:
Provided further, That no funds provided by this appropriations
Act to address the water, wastewater and other critical infrastructure needs of the colonias in the United States along the United
States-Mexico border shall be made available to a county or municipal government unless that government has established an enforceable local ordinance, or other zoning rule, which prevents in that
jurisdiction the development or construction of any additional
colonia areas, or the development within an existing colonia the
construction of any new home, business, or other structure which
lacks water, wastewater, or other necessary infrastructure.
ADMINISTRATIVE PROVISIONS, ENVIRONMENTAL PROTECTION AGENCY
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(INCLUDING
RESCISSION OF FUNDS)
For fiscal year 2008, notwithstanding 31 U.S.C. 6303(1) and
6305(1), the Administrator of the Environmental Protection Agency,
in carrying out the Agency’s function to implement directly Federal
environmental programs required or authorized by law in the
absence of an acceptable tribal program, may award cooperative
agreements to federally-recognized Indian Tribes or Intertribal consortia, if authorized by their member Tribes, to assist the Administrator in implementing Federal environmental programs for Indian
Tribes required or authorized by law, except that no such cooperative agreements may be awarded from funds designated for State
financial assistance agreements.
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121 STAT. 2128
Publication.
Regulations.
Deadlines.
Greenhouse gas
emissions.
PUBLIC LAW 110–161—DEC. 26, 2007
The Administrator of the Environmental Protection Agency is
authorized to collect and obligate pesticide registration service fees
in accordance with section 33 of the Federal Insecticide, Fungicide,
and Rodenticide Act (as added by subsection (f)(2) of the Pesticide
Registration Improvement Act of 2003), as amended.
None of the funds provided in this Act may be used, directly
or through grants, to pay or to provide reimbursement for payment
of the salary of a consultant (whether retained by the Federal
Government or a grantee) at more than the daily equivalent of
the rate paid for level IV of the Executive Schedule, unless specifically authorized by law.
From unobligated balances to carry out projects and activities
authorized under section 206(a) of the Federal Water Pollution
Control Act, $5,000,000 are hereby rescinded.
None of the funds made available by this Act may be used
in contravention of, or to delay the implementation of, Executive
Order No. 12898 of February 11, 1994 (59 Fed. Reg. 7629; relating
to Federal actions to address environmental justice in minority
populations and low-income populations).
Of the funds provided in the Environmental Programs and
Management account, not less than $3,500,000 shall be provided
for activities to develop and publish a draft rule not later than
9 months after the date of enactment of this Act, and a final
rule not later than 18 months after the date of enactment of
this Act, to require mandatory reporting of greenhouse gas emissions above appropriate thresholds in all sectors of the economy
of the United States.
TITLE III
RELATED AGENCIES
DEPARTMENT OF AGRICULTURE
FOREST SERVICE
FOREST AND RANGELAND RESEARCH
For necessary expenses of forest and rangeland research as
authorized by law, $290,457,000, to remain available until
expended: Provided, That of the funds provided, $61,329,000 is
for the forest inventory and analysis program.
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STATE AND PRIVATE FORESTRY
For necessary expenses of cooperating with and providing technical and financial assistance to States, territories, possessions,
and others, and for forest health management, including treatments
of pests, pathogens, and invasive or noxious plants and for restoring
and rehabilitating forests damaged by pests or invasive plants,
cooperative forestry, and education and land conservation activities
and conducting an international program as authorized,
$266,974,000, to remain available until expended, as authorized
by law; of which $7,500,000 is for the International Program; and
of which $53,146,000 is to be derived from the Land and Water
Conservation Fund.
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PUBLIC LAW 110–161—DEC. 26, 2007
121 STAT. 2129
NATIONAL FOREST SYSTEM
(INCLUDING
TRANSFERS OF FUNDS)
For necessary expenses of the Forest Service, not otherwise
provided for, for management, protection, improvement, and utilization of the National Forest System, $1,492,868,000, to remain available until expended, which shall include 50 percent of all moneys
received during prior fiscal years as fees collected under the Land
and Water Conservation Fund Act of 1965, as amended, in accordance with section 4 of the Act (16 U.S.C. 460l–6a(i)): Provided,
That unobligated balances under this heading available at the
start of fiscal year 2008 shall be displayed by budget line item
in the fiscal year 2009 budget justification: Provided further, That
of the funds provided under this heading for Forest Products,
$4,000,000 shall be allocated to the Alaska Region, in addition
to its normal allocation for the purposes of preparing additional
timber for sale, to establish a 3-year timber supply and such funds
may be transferred to other appropriations accounts as necessary
to maximize accomplishment.
CAPITAL IMPROVEMENT AND MAINTENANCE
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(INCLUDING
TRANSFERS OF FUNDS)
For necessary expenses of the Forest Service, not otherwise
provided for, $456,895,000, to remain available until expended,
for construction, capital improvement, maintenance and acquisition
of buildings and other facilities, and infrastructure; and for
construction, capital improvement, decommissioning, and maintenance of forest roads and trails by the Forest Service as authorized
by 16 U.S.C. 532–538 and 23 U.S.C. 101 and 205; and in addition
$25,000,000 to be transferred from the timber roads purchaser
election fund and merged with this account, to remain available
until expended: Provided, That $40,000,000 shall be designated
for urgently needed road decommissioning, road and trail repair
and maintenance and associated activities, and removal of fish
passage barriers, especially in areas where Forest Service roads
may be contributing to water quality problems in streams and
water bodies which support threatened, endangered or sensitive
species or community water sources and for urgently needed road
repairs required due to recent storm events: Provided further, That
up to $40,000,000 of the funds provided herein for road maintenance
shall be available for the decommissioning of roads, including
unauthorized roads not part of the transportation system, which
are no longer needed: Provided further, That no funds shall be
expended to decommission any system road until notice and an
opportunity for public comment has been provided on each
decommissioning project: Provided further, That the decommissioning of unauthorized roads not part of the official transportation
system shall be expedited in response to threats to public safety,
water quality, or natural resources: Provided further, That funds
becoming available in fiscal year 2008 under the Act of March
4, 1913 (16 U.S.C. 501) shall be transferred to the General Fund
of the Treasury and shall not be available for transfer or obligation
for any other purpose unless the funds are appropriated: Provided
further, That notwithstanding any other provision of law, the Forest
Service shall provide $1,197,000 appropriated in Public Law 110–
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121 STAT. 2130
PUBLIC LAW 110–161—DEC. 26, 2007
5 within the Capital Improvement and Maintenance appropriation
as an advance direct lump sum payment to West Virginia University
for the planning and construction of a research greenhouse facility
as the Federal share in the construction of the new facility.
LAND ACQUISITION
For expenses necessary to carry out the provisions of the Land
and Water Conservation Fund Act of 1965, as amended (16 U.S.C.
460l–4 through 11), including administrative expenses, and for
acquisition of land or waters, or interest therein, in accordance
with statutory authority applicable to the Forest Service,
$42,490,000, to be derived from the Land and Water Conservation
Fund and to remain available until expended.
ACQUISITION OF LANDS FOR NATIONAL FORESTS SPECIAL ACTS
For acquisition of lands within the exterior boundaries of the
Cache, Uinta, and Wasatch National Forests, Utah; the Toiyabe
National Forest, Nevada; and the Angeles, San Bernardino, Sequoia,
and Cleveland National Forests, California, as authorized by law,
$1,053,000, to be derived from forest receipts.
ACQUISITION OF LANDS TO COMPLETE LAND EXCHANGES
For acquisition of lands, such sums, to be derived from funds
deposited by State, county, or municipal governments, public school
districts, or other public school authorities, and for authorized
expenditures from funds deposited by non-Federal parties pursuant
to Land Sale and Exchange Acts, pursuant to the Act of December
4, 1967, as amended (16 U.S.C. 484a), to remain available until
expended. (16 U.S.C. 4601–516–617a, 555a; Public Law 96–586;
Public Law 76–589, 76–591; and 78–310).
RANGE BETTERMENT FUND
For necessary expenses of range rehabilitation, protection, and
improvement, 50 percent of all moneys received during the prior
fiscal year, as fees for grazing domestic livestock on lands in
National Forests in the 16 Western States, pursuant to section
401(b)(1) of Public Law 94–579, as amended, to remain available
until expended, of which not to exceed 6 percent shall be available
for administrative expenses associated with on-the-ground range
rehabilitation, protection, and improvements.
GIFTS, DONATIONS AND BEQUESTS FOR FOREST AND RANGELAND
RESEARCH
For expenses authorized by 16 U.S.C. 1643(b), $56,000, to
remain available until expended, to be derived from the fund established pursuant to the above Act.
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MANAGEMENT OF NATIONAL FOREST LANDS FOR SUBSISTENCE USES
For necessary expenses of the Forest Service to manage Federal
lands in Alaska for subsistence uses under title VIII of the Alaska
National Interest Lands Conservation Act (Public Law 96–487),
$5,053,000, to remain available until expended.
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PUBLIC LAW 110–161—DEC. 26, 2007
121 STAT. 2131
WILDLAND FIRE MANAGEMENT
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(INCLUDING
TRANSFERS OF FUNDS)
For necessary expenses for forest fire presuppression activities
on National Forest System lands, for emergency fire suppression
on or adjacent to such lands or other lands under fire protection
agreement, hazardous fuels reduction on or adjacent to such lands,
and for emergency rehabilitation of burned-over National Forest
System lands and water, $1,974,276,000, to remain available until
expended: Provided, That such funds including unobligated balances
under this heading, are available for repayment of advances from
other appropriations accounts previously transferred for such purposes: Provided further, That such funds shall be available to
reimburse State and other cooperating entities for services provided
in response to wildfire and other emergencies or disasters to the
extent such reimbursements by the Forest Service for non-fire emergencies are fully repaid by the responsible emergency management
agency: Provided further, That not less than 50 percent of any
unobligated balances remaining (exclusive of amounts for hazardous
fuels reduction) at the end of fiscal year 2007 shall be transferred
to the fund established pursuant to section 3 of Public Law 71–
319 (16 U.S.C. 576 et seq.) if necessary to reimburse the fund
for unpaid past advances: Provided further, That, notwithstanding
any other provision of law, $8,000,000 of funds appropriated under
this appropriation shall be used for Fire Science Research in support
of the Joint Fire Science Program: Provided further, That all
authorities for the use of funds, including the use of contracts,
grants, and cooperative agreements, available to execute the Forest
and Rangeland Research appropriation, are also available in the
utilization of these funds for Fire Science Research: Provided further, That funds provided shall be available for emergency
rehabilitation and restoration, hazardous fuels reduction activities
in the urban-wildland interface, support to Federal emergency
response, and wildfire suppression activities of the Forest Service:
Provided further, That of the funds provided, $315,000,000 is for
hazardous fuels reduction activities, $11,000,000 is for rehabilitation and restoration, $23,892,000 is for research activities and to
make competitive research grants pursuant to the Forest and
Rangeland Renewable Resources Research Act, as amended (16
U.S.C. 1641 et seq.), $48,727,000 is for State fire assistance,
$8,000,000 is for volunteer fire assistance, $14,252,000 is for forest
health activities on Federal lands and $10,014,000 is for forest
health activities on State and private lands: Provided further, That
amounts in this paragraph may be transferred to the ‘‘State and
Private Forestry’’, ‘‘National Forest System’’, and ‘‘Forest and
Rangeland Research’’ accounts to fund State fire assistance, volunteer fire assistance, forest health management, forest and rangeland
research, the Joint Fire Science Program, vegetation and watershed
management, heritage site rehabilitation, and wildlife and fish
habitat management and restoration: Provided further, That transfers of any amounts in excess of those authorized in this paragraph,
shall require approval of the House and Senate Committees on
Appropriations in compliance with reprogramming procedures contained in the explanatory statement accompanying this Act: Provided further, That up to $10,000,000 of the funds provided under
this heading for hazardous fuels treatments may be transferred
to and made a part of the ‘‘National Forest System’’ account at
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Approval.
Notification.
Transfer date.
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PUBLIC LAW 110–161—DEC. 26, 2007
the sole discretion of the Chief of the Forest Service thirty days
after notifying the House and the Senate Committees on Appropriations: Provided further, That the costs of implementing any cooperative agreement between the Federal Government and any nonFederal entity may be shared, as mutually agreed on by the affected
parties: Provided further, That in addition to funds provided for
State Fire Assistance programs, and subject to all authorities available to the Forest Service under the State and Private Forestry
Appropriation, up to $15,000,000 may be used on adjacent nonFederal lands for the purpose of protecting communities when
hazard reduction activities are planned on national forest lands
that have the potential to place such communities at risk: Provided
further, That funds made available to implement the Community
Forest Restoration Act, Public Law 106–393, title VI, shall be
available for use on non-Federal lands in accordance with authorities available to the Forest Service under the State and Private
Forestry Appropriation: Provided further, That the Secretary of
the Interior and the Secretary of Agriculture may authorize the
transfer of funds appropriated for wildland fire management, in
an aggregate amount not to exceed $10,000,000, between the
Departments when such transfers would facilitate and expedite
jointly funded wildland fire management programs and projects:
Provided further, That of the funds provided for hazardous fuels
reduction, not to exceed $7,000,000, may be used to make grants,
using any authorities available to the Forest Service under the
State and Private Forestry appropriation, for the purpose of creating
incentives for increased use of biomass from national forest lands:
Provided further, That funds designated for wildfire suppression
shall be assessed for cost pools on the same basis as such assessments are calculated against other agency programs.
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ADMINISTRATIVE PROVISIONS, FOREST SERVICE
Appropriations to the Forest Service for the current fiscal year
shall be available for: (1) purchase of passenger motor vehicles;
acquisition of passenger motor vehicles from excess sources, and
hire of such vehicles; purchase, lease, operation, maintenance, and
acquisition of aircraft from excess sources to maintain the operable
fleet for use in Forest Service wildland fire programs and other
Forest Service programs; notwithstanding other provisions of law,
existing aircraft being replaced may be sold, with proceeds derived
or trade-in value used to offset the purchase price for the replacement aircraft; (2) services pursuant to 7 U.S.C. 2225, and not
to exceed $100,000 for employment under 5 U.S.C. 3109; (3) purchase, erection, and alteration of buildings and other public
improvements (7 U.S.C. 2250); (4) acquisition of land, waters, and
interests therein pursuant to 7 U.S.C. 428a; (5) for expenses pursuant to the Volunteers in the National Forest Act of 1972 (16 U.S.C.
558a, 558d, and 558a note); (6) the cost of uniforms as authorized
by 5 U.S.C. 5901–5902; and (7) for debt collection contracts in
accordance with 31 U.S.C. 3718(c).
Any appropriations or funds available to the Forest Service
may be transferred to the Wildland Fire Management appropriation
for forest firefighting, emergency rehabilitation of burned-over or
damaged lands or waters under its jurisdiction, and fire preparedness due to severe burning conditions upon notification of the
House and Senate Committees on Appropriations and if and only
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PUBLIC LAW 110–161—DEC. 26, 2007
121 STAT. 2133
if all previously appropriated emergency contingent funds under
the heading ‘‘Wildland Fire Management’’ have been released by
the President and apportioned and all wildfire suppression funds
under the heading ‘‘Wildland Fire Management’’ are obligated.
Funds appropriated to the Forest Service shall be available
for assistance to or through the Agency for International Development in connection with forest and rangeland research, technical
information, and assistance in foreign countries, and shall be available to support forestry and related natural resource activities
outside the United States and its territories and possessions,
including technical assistance, education and training, and cooperation with United States and international organizations.
None of the funds made available to the Forest Service in
this Act or any other Act with respect to any fiscal year shall
be subject to transfer under the provisions of section 702(b) of
the Department of Agriculture Organic Act of 1944 (7 U.S.C. 2257),
section 442 of Public Law 106–224 (7 U.S.C. 7772), or section
10417(b) of Public Law 107–107 (7 U.S.C. 8316(b)).
None of the funds available to the Forest Service may be
reprogrammed without the advance approval of the House and
Senate Committees on Appropriations in accordance with the reprogramming procedures contained in the explanatory statement
accompanying this Act.
Not more than $73,285,000 of funds available to the Forest
Service shall be transferred to the Working Capital Fund of the
Department of Agriculture and not more than $24,021,000 of funds
available to the Forest Service shall be transferred to the Department of Agriculture for Department Reimbursable Programs, commonly referred to as Greenbook charges. Nothing in this paragraph
shall prohibit or limit the use of reimbursable agreements requested
by the Forest Service in order to obtain services from the Department of Agriculture’s National Information Technology Center.
Funds available to the Forest Service shall be available to
conduct a program of up to $5,000,000 for priority projects within
the scope of the approved budget, of which $2,500,000 shall be
carried out by the Youth Conservation Corps and $2,500,000 shall
be carried out under the authority of the Public Lands Corps
Healthy Forests Restoration Act of 2005, Public Law 109–154.
Of the funds available to the Forest Service, $4,000 is available
to the Chief of the Forest Service for official reception and representation expenses.
Pursuant to sections 405(b) and 410(b) of Public Law 101–
593, of the funds available to the Forest Service, $3,000,000 may
be advanced in a lump sum to the National Forest Foundation
to aid conservation partnership projects in support of the Forest
Service mission, without regard to when the Foundation incurs
expenses, for administrative expenses or projects on or benefitting
National Forest System lands or related to Forest Service programs:
Provided, That the Foundation shall obtain, by the end of the
period of Federal financial assistance, private contributions to
match on at least one-for-one basis funds made available by the
Forest Service: Provided further, That the Foundation may transfer
Federal funds to a non-Federal recipient for a project at the same
rate that the recipient has obtained the non-Federal matching
funds: Provided further, That authorized investments of Federal
funds held by the Foundation may be made only in interest-bearing
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16 USC 556i.
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121 STAT. 2134
PUBLIC LAW 110–161—DEC. 26, 2007
obligations of the United States or in obligations guaranteed as
to both principal and interest by the United States.
Pursuant to section 2(b)(2) of Public Law 98–244, $2,650,000
of the funds available to the Forest Service shall be advanced
to the National Fish and Wildlife Foundation in a lump sum to
aid cost-share conservation projects, without regard to when
expenses are incurred, on or benefitting National Forest System
lands or related to Forest Service programs: Provided, That such
funds shall be matched on at least a one-for-one basis by the
Foundation or its sub-recipients: Provided further, That the Foundation may transfer Federal funds to a Federal or non-Federal
recipient for a project at the same rate that the recipient has
obtained the non-Federal matching funds.
Funds appropriated to the Forest Service shall be available
for interactions with and providing technical assistance to rural
communities and natural resource-based businesses for sustainable
rural development purposes.
Funds appropriated to the Forest Service shall be available
for payments to counties within the Columbia River Gorge National
Scenic Area, pursuant to section 14(c)(1) and (2), and section 16(a)(2)
of Public Law 99–663.
An eligible individual who is employed in any project funded
under title V of the Older American Act of 1965 (42 U.S.C. 3056
et seq.) and administered by the Forest Service shall be considered
to be a Federal employee for purposes of chapter 171 of title 28,
United States Code.
Any funds appropriated to the Forest Service may be used
to meet the non-Federal share requirement in section 502(c) of
the Older American Act of 1965 (42 U.S.C. 3056(c)(2)).
Funds available to the Forest Service, not to exceed
$45,000,000, shall be assessed for the purpose of performing facilities maintenance. Such assessments shall occur using a square
foot rate charged on the same basis the agency uses to assess
programs for payment of rent, utilities, and other support services.
Notwithstanding any other provision of law, any appropriations
or funds available to the Forest Service not to exceed $500,000
may be used to reimburse the Office of the General Counsel (OGC),
Department of Agriculture, for travel and related expenses incurred
as a result of OGC assistance or participation requested by the
Forest Service at meetings, training sessions, management reviews,
land purchase negotiations and similar non-litigation related matters. Future budget justifications for both the Forest Service and
the Department of Agriculture should clearly display the sums
previously transferred and the requested funding transfers.
None of the funds made available under this Act shall be
obligated or expended to abolish any region, to move or close any
regional office for National Forest System administration of the
Forest Service, Department of Agriculture without the consent of
the House and Senate Committees on Appropriations.
DEPARTMENT OF HEALTH AND HUMAN SERVICES
INDIAN HEALTH SERVICE
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INDIAN HEALTH SERVICES
For expenses necessary to carry out the Act of August 5, 1954
(68 Stat. 674), the Indian Self-Determination Act, the Indian Health
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PUBLIC LAW 110–161—DEC. 26, 2007
121 STAT. 2135
Care Improvement Act, and titles II and III of the Public Health
Service Act with respect to the Indian Health Service,
$3,018,624,000, together with payments received during the fiscal
year pursuant to 42 U.S.C. 238(b) for services furnished by the
Indian Health Service: Provided, That funds made available to
tribes and tribal organizations through contracts, grant agreements,
or any other agreements or compacts authorized by the Indian
Self-Determination and Education Assistance Act of 1975 (25 U.S.C.
450), shall be deemed to be obligated at the time of the grant
or contract award and thereafter shall remain available to the
tribe or tribal organization without fiscal year limitation: Provided
further, That $588,515,000 for contract medical care, including
$27,000,000 for the Indian Catastrophic Health Emergency Fund,
shall remain available until expended: Provided further, That no
less than $35,094,000 is provided for maintaining operations of
the urban Indian health program: Provided further, That of the
funds provided, up to $32,000,000 shall remain available until
expended for implementation of the loan repayment program under
section 108 of the Indian Health Care Improvement Act: Provided
further, That $14,000,000 is provided for a methamphetamine and
suicide prevention and treatment initiative, of which up to
$5,000,000 may be used for mental health, suicide prevention, and
behavioral issues associated with methamphetamine use: Provided
further, That notwithstanding any other provision of law, these
funds shall be allocated outside all other distribution methods and
formulas at the discretion of the Director of the Indian Health
Service and shall remain available until expended: Provided further,
That funds provided in this Act may be used for one-year contracts
and grants which are to be performed in two fiscal years, so long
as the total obligation is recorded in the year for which the funds
are appropriated: Provided further, That the amounts collected by
the Secretary of Health and Human Services under the authority
of title IV of the Indian Health Care Improvement Act shall remain
available until expended for the purpose of achieving compliance
with the applicable conditions and requirements of titles XVIII
and XIX of the Social Security Act (exclusive of planning, design,
or construction of new facilities): Provided further, That funding
contained herein, and in any earlier appropriations Acts for scholarship programs under the Indian Health Care Improvement Act
(25 U.S.C. 1613) shall remain available until expended: Provided
further, That amounts received by tribes and tribal organizations
under title IV of the Indian Health Care Improvement Act shall
be reported and accounted for and available to the receiving tribes
and tribal organizations until expended: Provided further, That,
notwithstanding any other provision of law, of the amounts provided
herein, not to exceed $271,636,000 shall be for payments to tribes
and tribal organizations for contract or grant support costs associated with contracts, grants, self-governance compacts, or annual
funding agreements between the Indian Health Service and a tribe
or tribal organization pursuant to the Indian Self-Determination
Act of 1975, as amended, prior to or during fiscal year 2008,
of which not to exceed $5,000,000 may be used for contract support
costs associated with new or expanded self-determination contracts,
grants, self-governance compacts, or annual funding agreements:
Provided further, That the Bureau of Indian Affairs may collect
from the Indian Health Service and tribes and tribal organizations
operating health facilities pursuant to Public Law 93–638 such
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121 STAT. 2136
PUBLIC LAW 110–161—DEC. 26, 2007
individually identifiable health information relating to disabled children as may be necessary for the purpose of carrying out its functions under the Individuals with Disabilities Education Act (20
U.S.C. 1400, et seq.): Provided further, That funds available for
the Indian Health Care Improvement Fund may be used, as needed,
to carry out activities typically funded under the Indian Health
Facilities account.
INDIAN HEALTH FACILITIES
For construction, repair, maintenance, improvement, and equipment of health and related auxiliary facilities, including quarters
for personnel; preparation of plans, specifications, and drawings;
acquisition of sites, purchase and erection of modular buildings,
and purchases of trailers; and for provision of domestic and community sanitation facilities for Indians, as authorized by section 7
of the Act of August 5, 1954 (42 U.S.C. 2004a), the Indian SelfDetermination Act, and the Indian Health Care Improvement Act,
and for expenses necessary to carry out such Acts and titles II
and III of the Public Health Service Act with respect to environmental health and facilities support activities of the Indian Health
Service, $380,583,000, to remain available until expended: Provided,
That notwithstanding any other provision of law, funds appropriated for the planning, design, construction or renovation of health
facilities for the benefit of an Indian tribe or tribes may be used
to purchase land for sites to construct, improve, or enlarge health
or related facilities: Provided further, That not to exceed $500,000
shall be used by the Indian Health Service to purchase TRANSAM
equipment from the Department of Defense for distribution to the
Indian Health Service and tribal facilities: Provided further, That
none of the funds appropriated to the Indian Health Service may
be used for sanitation facilities construction for new homes funded
with grants by the housing programs of the United States Department of Housing and Urban Development: Provided further, That
not to exceed $1,000,000 from this account and the ‘‘Indian Health
Services’’ account shall be used by the Indian Health Service to
obtain ambulances for the Indian Health Service and tribal facilities
in conjunction with an existing interagency agreement between
the Indian Health Service and the General Services Administration:
Provided further, That not to exceed $500,000 shall be placed in
a Demolition Fund, available until expended, to be used by the
Indian Health Service for demolition of Federal buildings.
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ADMINISTRATIVE PROVISIONS, INDIAN HEALTH SERVICE
Appropriations in this Act to the Indian Health Service shall
be available for services as authorized by 5 U.S.C. 3109 but at
rates not to exceed the per diem rate equivalent to the maximum
rate payable for senior-level positions under 5 U.S.C. 5376; hire
of passenger motor vehicles and aircraft; purchase of medical equipment; purchase of reprints; purchase, renovation and erection of
modular buildings and renovation of existing facilities; payments
for telephone service in private residences in the field, when authorized under regulations approved by the Secretary; and for uniforms
or allowances therefor as authorized by 5 U.S.C. 5901–5902; and
for expenses of attendance at meetings which are concerned with
the functions or activities for which the appropriation is made
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PUBLIC LAW 110–161—DEC. 26, 2007
121 STAT. 2137
or which will contribute to improved conduct, supervision, or
management of those functions or activities.
In accordance with the provisions of the Indian Health Care
Improvement Act, non-Indian patients may be extended health
care at all tribally administered or Indian Health Service facilities,
subject to charges, and the proceeds along with funds recovered
under the Federal Medical Care Recovery Act (42 U.S.C. 2651–
2653) shall be credited to the account of the facility providing
the service and shall be available without fiscal year limitation.
Notwithstanding any other law or regulation, funds transferred
from the Department of Housing and Urban Development to the
Indian Health Service shall be administered under Public Law
86–121 (the Indian Sanitation Facilities Act) and Public Law 93–
638, as amended.
Funds appropriated to the Indian Health Service in this Act,
except those used for administrative and program direction purposes, shall not be subject to limitations directed at curtailing
Federal travel and transportation.
None of the funds made available to the Indian Health Service
in this Act shall be used for any assessments or charges by the
Department of Health and Human Services unless identified in
the budget justification and provided in this Act, or approved by
the House and Senate Committees on Appropriations through the
reprogramming process.
Notwithstanding any other provision of law, funds previously
or herein made available to a tribe or tribal organization through
a contract, grant, or agreement authorized by title I or title V
of the Indian Self-Determination and Education Assistance Act
of 1975 (25 U.S.C. 450), may be deobligated and reobligated to
a self-determination contract under title I, or a self-governance
agreement under title V of such Act and thereafter shall remain
available to the tribe or tribal organization without fiscal year
limitation.
None of the funds made available to the Indian Health Service
in this Act shall be used to implement the final rule published
in the Federal Register on September 16, 1987, by the Department
of Health and Human Services, relating to the eligibility for the
health care services of the Indian Health Service until the Indian
Health Service has submitted a budget request reflecting the
increased costs associated with the proposed final rule, and such
request has been included in an appropriations Act and enacted
into law.
With respect to functions transferred by the Indian Health
Service to tribes or tribal organizations, the Indian Health Service
is authorized to provide goods and services to those entities, on
a reimbursable basis, including payment in advance with subsequent adjustment. The reimbursements received therefrom, along
with the funds received from those entities pursuant to the Indian
Self-Determination Act, may be credited to the same or subsequent
appropriation account that provided the funding, with such amounts
to remain available until expended.
Reimbursements for training, technical assistance, or services
provided by the Indian Health Service will contain total costs,
including direct, administrative, and overhead associated with the
provision of goods, services, or technical assistance.
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Regulations.
Budget request.
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121 STAT. 2138
PUBLIC LAW 110–161—DEC. 26, 2007
The appropriation structure for the Indian Health Service may
not be altered without advance notification to the House and Senate
Committees on Appropriations.
NATIONAL INSTITUTES
HEALTH
OF
NATIONAL INSTITUTE OF ENVIRONMENTAL HEALTH SCIENCES
For necessary expenses for the National Institute of Environmental Health Sciences in carrying out activities set forth in section
311(a) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended, and section 126(g)
of the Superfund Amendments and Reauthorization Act of 1986,
$78,775,000.
AGENCY
FOR
TOXIC SUBSTANCES
AND
DISEASE REGISTRY
TOXIC SUBSTANCES AND ENVIRONMENTAL PUBLIC HEALTH
For necessary expenses for the Agency for Toxic Substances
and Disease Registry (ATSDR) in carrying out activities set forth
in sections 104(i), 111(c)(4), and 111(c)(14) of the Comprehensive
Environmental Response, Compensation, and Liability Act of 1980
(CERCLA), as amended; section 118(f) of the Superfund Amendments and Reauthorization Act of 1986 (SARA), as amended; and
section 3019 of the Solid Waste Disposal Act, as amended,
$75,212,000, of which up to $1,500,000, to remain available until
expended, is for Individual Learning Accounts for full-time equivalent employees of the Agency for Toxic Substances and Disease
Registry: Provided, That notwithstanding any other provision of
law, in lieu of performing a health assessment under section
104(i)(6) of CERCLA, the Administrator of ATSDR may conduct
other appropriate health studies, evaluations, or activities,
including, without limitation, biomedical testing, clinical evaluations, medical monitoring, and referral to accredited health care
providers: Provided further, That in performing any such health
assessment or health study, evaluation, or activity, the Administrator of ATSDR shall not be bound by the deadlines in section
104(i)(6)(A) of CERCLA.
OTHER RELATED AGENCIES
EXECUTIVE OFFICE
OF THE
PRESIDENT
COUNCIL ON ENVIRONMENTAL QUALITY AND OFFICE OF
ENVIRONMENTAL QUALITY
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Appointment.
VerDate Aug 31 2005
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For necessary expenses to continue functions assigned to the
Council on Environmental Quality and Office of Environmental
Quality pursuant to the National Environmental Policy Act of 1969,
the Environmental Quality Improvement Act of 1970, and Reorganization Plan No. 1 of 1977, and not to exceed $750 for official
reception and representation expenses, $2,703,000: Provided, That
notwithstanding section 202 of the National Environmental Policy
Act of 1970, the Council shall consist of one member, appointed
by the President, by and with the advice and consent of the Senate,
serving as chairman and exercising all powers, functions, and duties
of the Council.
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PUBLIC LAW 110–161—DEC. 26, 2007
CHEMICAL SAFETY
AND
121 STAT. 2139
HAZARD INVESTIGATION BOARD
SALARIES AND EXPENSES
For necessary expenses in carrying out activities pursuant to
section 112(r)(6) of the Clean Air Act, as amended, including hire
of passenger vehicles, uniforms or allowances therefor, as authorized
by 5 U.S.C. 5901–5902, and for services authorized by 5 U.S.C.
3109 but at rates for individuals not to exceed the per diem equivalent to the maximum rate payable for senior level positions under
5 U.S.C. 5376, $9,410,000: Provided, That the Chemical Safety
and Hazard Investigation Board (Board) shall have not more than
three career Senior Executive Service positions: Provided further,
that notwithstanding any other provision of law, the individual
appointed to the position of Inspector General of the Environmental
Protection Agency (EPA) shall, by virtue of such appointment, also
hold the position of Inspector General of the Board: Provided further, That notwithstanding any other provision of law, the Inspector
General of the Board shall utilize personnel of the Office of Inspector
General of EPA in performing the duties of the Inspector General
of the Board, and shall not appoint any individuals to positions
within the Board.
OFFICE
OF
NAVAJO
AND
Government
organization.
5 USC app. 8G
note.
HOPI INDIAN RELOCATION
SALARIES AND EXPENSES
For necessary expenses of the Office of Navajo and Hopi Indian
Relocation as authorized by Public Law 93–531, $9,000,000, to
remain available until expended: Provided, That funds provided
in this or any other appropriations Act are to be used to relocate
eligible individuals and groups including evictees from District 6,
Hopi-partitioned lands residents, those in significantly substandard
housing, and all others certified as eligible and not included in
the preceding categories: Provided further, That none of the funds
contained in this or any other Act may be used by the Office
of Navajo and Hopi Indian Relocation to evict any single Navajo
or Navajo family who, as of November 30, 1985, was physically
domiciled on the lands partitioned to the Hopi Tribe unless a
new or replacement home is provided for such household: Provided
further, That no relocatee will be provided with more than one
new or replacement home: Provided further, That the Office shall
relocate any certified eligible relocatees who have selected and
received an approved homesite on the Navajo reservation or selected
a replacement residence off the Navajo reservation or on the land
acquired pursuant to 25 U.S.C. 640d–10.
INSTITUTE
OF
AMERICAN INDIAN AND ALASKA NATIVE CULTURE
ARTS DEVELOPMENT
AND
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PAYMENT TO THE INSTITUTE
For payment to the Institute of American Indian and Alaska
Native Culture and Arts Development, as authorized by title XV
of Public Law 99–498, as amended (20 U.S.C. 56 part A), $7,297,000.
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121 STAT. 2140
PUBLIC LAW 110–161—DEC. 26, 2007
SMITHSONIAN INSTITUTION
SALARIES AND EXPENSES
For necessary expenses of the Smithsonian Institution, as
authorized by law, including research in the fields of art, science,
and history; development, preservation, and documentation of the
National Collections; presentation of public exhibits and performances; collection, preparation, dissemination, and exchange of
information and publications; conduct of education, training, and
museum assistance programs; maintenance, alteration, operation,
lease (for terms not to exceed 30 years), and protection of buildings,
facilities, and approaches; not to exceed $100,000 for services as
authorized by 5 U.S.C. 3109; up to five replacement passenger
vehicles; purchase, rental, repair, and cleaning of uniforms for
employees, $571,347,000, of which not to exceed $19,968,000 for
the instrumentation program, collections acquisition, exhibition reinstallation, the National Museum of African American History
and Culture, and the repatriation of skeletal remains program
shall remain available until expended; and of which $1,578,000
for fellowships and scholarly awards shall remain available until
September 30, 2009; and including such funds as may be necessary
to support American overseas research centers: Provided, That
funds appropriated herein are available for advance payments to
independent contractors performing research services or participating in official Smithsonian presentations.
FACILITIES CAPITAL
For necessary expenses of repair, revitalization, and alteration
of facilities owned or occupied by the Smithsonian Institution, by
contract or otherwise, as authorized by section 2 of the Act of
August 22, 1949 (63 Stat. 623), and for construction, including
necessary personnel, $107,100,000, to remain available until
expended, of which not to exceed $10,000 is for services as authorized by 5 U.S.C. 3109.
LEGACY FUND
For major restoration, renovation, and rehabilitation of existing
Smithsonian facilities, $15,000,000, to remain available until
expended: Provided, That funds shall only be available after being
matched by no less than $30,000,000 in private donations, which
shall not include in-kind contributions: Provided further, That none
of the funds made available under this heading or any required
matching funds shall be used for day-to-day maintenance, general
salaries and expenses, or programmatic purposes.
NATIONAL GALLERY
OF
ART
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SALARIES AND EXPENSES
For the upkeep and operations of the National Gallery of Art,
the protection and care of the works of art therein, and administrative expenses incident thereto, as authorized by the Act of March
24, 1937 (50 Stat. 51), as amended by the public resolution of
April 13, 1939 (Public Resolution 9, Seventy-sixth Congress),
including services as authorized by 5 U.S.C. 3109; payment in
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PUBLIC LAW 110–161—DEC. 26, 2007
121 STAT. 2141
advance when authorized by the treasurer of the Gallery for membership in library, museum, and art associations or societies whose
publications or services are available to members only, or to members at a price lower than to the general public; purchase, repair,
and cleaning of uniforms for guards, and uniforms, or allowances
therefor, for other employees as authorized by law (5 U.S.C. 5901–
5902); purchase or rental of devices and services for protecting
buildings and contents thereof, and maintenance, alteration,
improvement, and repair of buildings, approaches, and grounds;
and purchase of services for restoration and repair of works of
art for the National Gallery of Art by contracts made, without
advertising, with individuals, firms, or organizations at such rates
or prices and under such terms and conditions as the Gallery
may deem proper, $101,718,000, of which not to exceed $3,350,000
for the special exhibition program shall remain available until
expended.
REPAIR, RESTORATION AND RENOVATION OF BUILDINGS
For necessary expenses of repair, restoration and renovation
of buildings, grounds and facilities owned or occupied by the
National Gallery of Art, by contract or otherwise, as authorized,
$18,017,000, to remain available until expended: Provided, That
contracts awarded for environmental systems, protection systems,
and exterior repair or renovation of buildings of the National Gallery of Art may be negotiated with selected contractors and awarded
on the basis of contractor qualifications as well as price.
JOHN F. KENNEDY CENTER
FOR THE
PERFORMING ARTS
OPERATIONS AND MAINTENANCE
For necessary expenses for the operation, maintenance and
security of the John F. Kennedy Center for the Performing Arts,
$20,200,000.
CAPITAL REPAIR AND RESTORATION
For necessary expenses for capital repair and restoration of
the existing features of the building and site of the John F. Kennedy
Center for the Performing Arts, $23,150,000, to remain available
until expended.
WOODROW WILSON INTERNATIONAL CENTER
FOR
SCHOLARS
SALARIES AND EXPENSES
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For expenses necessary in carrying out the provisions of the
Woodrow Wilson Memorial Act of 1968 (82 Stat. 1356) including
hire of passenger vehicles and services as authorized by 5 U.S.C.
3109, $10,000,000.
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121 STAT. 2142
PUBLIC LAW 110–161—DEC. 26, 2007
NATIONAL FOUNDATION
ON THE
ARTS
NATIONAL ENDOWMENT
AND THE
FOR THE
HUMANITIES
ARTS
GRANTS AND ADMINISTRATION
For necessary expenses to carry out the National Foundation
on the Arts and the Humanities Act of 1965, as amended,
$147,000,000 shall be available to the National Endowment for
the Arts for the support of projects and productions in the arts,
including arts education and public outreach activities, through
assistance to organizations and individuals pursuant to section
5 of the Act, for program support, and for administering the functions of the Act, to remain available until expended: Provided,
That funds appropriated herein shall be expended in accordance
with sections 309 and 311 of Public Law 108–447.
NATIONAL ENDOWMENT
FOR THE
HUMANITIES
GRANTS AND ADMINISTRATION
For necessary expenses to carry out the National Foundation
on the Arts and the Humanities Act of 1965, as amended,
$132,490,000, shall be available to the National Endowment for
the Humanities for support of activities in the humanities, pursuant
to section 7(c) of the Act, and for administering the functions
of the Act, to remain available until expended.
MATCHING GRANTS
To carry out the provisions of section 10(a)(2) of the National
Foundation on the Arts and the Humanities Act of 1965, as
amended, $14,510,000, to remain available until expended, of which
$9,479,000 shall be available to the National Endowment for the
Humanities for the purposes of section 7(h): Provided, That this
appropriation shall be available for obligation only in such amounts
as may be equal to the total amounts of gifts, bequests, and devises
of money, and other property accepted by the chairman or by
grantees of the Endowment under the provisions of subsections
11(a)(2)(B) and 11(a)(3)(B) during the current and preceding fiscal
years for which equal amounts have not previously been appropriated.
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ADMINISTRATIVE PROVISIONS
None of the funds appropriated to the National Foundation
on the Arts and the Humanities may be used to process any grant
or contract documents which do not include the text of 18 U.S.C.
1913: Provided, That none of the funds appropriated to the National
Foundation on the Arts and the Humanities may be used for official
reception and representation expenses: Provided further, That funds
from nonappropriated sources may be used as necessary for official
reception and representation expenses: Provided further, That the
Chairperson of the National Endowment for the Arts may approve
grants of up to $10,000, if in the aggregate this amount does
not exceed 5 percent of the sums appropriated for grant-making
purposes per year: Provided further, That such small grant actions
are taken pursuant to the terms of an expressed and direct delegation of authority from the National Council on the Arts to the
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PUBLIC LAW 110–161—DEC. 26, 2007
121 STAT. 2143
Chairperson: Provided further, That section 309(1) of division E,
Public Law 108–447, is amended by inserting ‘‘National Opera
Fellowship,’’ after ‘‘National Heritage Fellowship,’’.
COMMISSION
OF
118 Stat. 3094.
FINE ARTS
SALARIES AND EXPENSES
For expenses made necessary by the Act establishing a Commission of Fine Arts (40 U.S.C. 104), $2,092,000: Provided, That the
Commission is authorized to charge fees to cover the full costs
of its publications, and such fees shall be credited to this account
as an offsetting collection, to remain available until expended without further appropriation.
NATIONAL CAPITAL ARTS
AND
CULTURAL AFFAIRS
For necessary expenses as authorized by Public Law 99–190
(20 U.S.C. 956a), as amended, $8,500,000.
ADVISORY COUNCIL
ON
HISTORIC PRESERVATION
SALARIES AND EXPENSES
For necessary expenses of the Advisory Council on Historic
Preservation (Public Law 89–665, as amended), $5,348,000: Provided, That none of these funds shall be available for compensation
of level V of the Executive Schedule or higher positions.
NATIONAL CAPITAL PLANNING COMMISSION
SALARIES AND EXPENSES
For necessary expenses, as authorized by the National Capital
Planning Act of 1952 (40 U.S.C. 71–71i), including services as
authorized by 5 U.S.C. 3109, $8,265,000: Provided, That one-quarter
of 1 percent of the funds provided under this heading may be
used for official reception and representational expenses associated
with hosting international visitors engaged in the planning and
physical development of world capitals.
UNITED STATES HOLOCAUST MEMORIAL MUSEUM
HOLOCAUST MEMORIAL MUSEUM
For expenses of the Holocaust Memorial Museum, as authorized
by Public Law 106–292 (36 U.S.C. 2301–2310), $45,496,000, of
which $515,000 for the equipment replacement program shall
remain available until September 30, 2010; and $1,900,000 for
the museum’s repair and rehabilitation program and $1,264,000
for the museum’s exhibition design and production program shall
remain available until expended.
PRESIDIO TRUST
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PRESIDIO TRUST FUND
For necessary expenses to carry out title I of the Omnibus
Parks and Public Lands Management Act of 1996, $22,400,000
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121 STAT. 2144
PUBLIC LAW 110–161—DEC. 26, 2007
shall be available to the Presidio Trust, to remain available until
expended.
WHITE HOUSE COMMISSION ON THE NATIONAL MOMENT
REMEMBRANCE
OF
SALARIES AND EXPENSES
(INCLUDING
TRANSFER OF FUNDS)
For necessary expenses of the White House Commission on
the National Moment of Remembrance, $200,000, which shall be
transferred to the Department of Veterans Affairs, ‘‘Departmental
Administration, General Operating Expenses’’ account and be
administered by the Secretary of Veterans Affairs.
DWIGHT D. EISENHOWER MEMORIAL COMMISSION
SALARIES
AND
EXPENSES
For necessary expenses, including the costs of construction
design, of the Dwight D. Eisenhower Memorial Commission,
$2,000,000, to remain available until expended.
TITLE IV
GENERAL PROVISIONS
(INCLUDING
Contracts.
Lobbying.
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Budget
estimates.
VerDate Aug 31 2005
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TRANSFERS OF FUNDS)
SEC. 401. The expenditure of any appropriation under this
Act for any consulting service through procurement contract, pursuant to 5 U.S.C. 3109, shall be limited to those contracts where
such expenditures are a matter of public record and available
for public inspection, except where otherwise provided under
existing law, or under existing Executive Order issued pursuant
to existing law.
SEC. 402. No part of any appropriation contained in this Act
shall be available for any activity or the publication or distribution
of literature that in any way tends to promote public support
or opposition to any legislative proposal on which Congressional
action is not complete other than to communicate to Members
of Congress as described in 18 U.S.C. 1913.
SEC. 403. No part of any appropriation contained in this Act
shall remain available for obligation beyond the current fiscal year
unless expressly so provided herein.
SEC. 404. None of the funds provided in this Act to any department or agency shall be obligated or expended to provide a personal
cook, chauffeur, or other personal servants to any officer or
employee of such department or agency except as otherwise provided
by law.
SEC. 405. Estimated overhead charges, deductions, reserves
or holdbacks from programs, projects, activities and subactivities
to support government-wide, departmental, agency or bureau
administrative functions or headquarters, regional or central operations shall be presented in annual budget justifications and subject
to approval by the Committees on Appropriations. Changes to such
estimates shall be presented to the Committees on Appropriations
for approval.
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PUBLIC LAW 110–161—DEC. 26, 2007
121 STAT. 2145
SEC. 406. None of the funds made available in this Act may
be transferred to any department, agency, or instrumentality of
the United States Government except pursuant to a transfer made
by, or transfer provided in, this Act or any other Act.
SEC. 407. None of the funds in this Act may be used to plan,
prepare, or offer for sale timber from trees classified as giant
sequoia (Sequoiadendron giganteum) which are located on National
Forest System or Bureau of Land Management lands in a manner
different than such sales were conducted in fiscal year 2006.
SEC. 408. (a) LIMITATION OF FUNDS.—None of the funds appropriated or otherwise made available pursuant to this Act shall
be obligated or expended to accept or process applications for a
patent for any mining or mill site claim located under the general
mining laws.
(b) EXCEPTIONS.—The provisions of subsection (a) shall not
apply if the Secretary of the Interior determines that, for the
claim concerned: (1) a patent application was filed with the Secretary on or before September 30, 1994; and (2) all requirements
established under sections 2325 and 2326 of the Revised Statutes
(30 U.S.C. 29 and 30) for vein or lode claims and sections 2329,
2330, 2331, and 2333 of the Revised Statutes (30 U.S.C. 35, 36,
and 37) for placer claims, and section 2337 of the Revised Statutes
(30 U.S.C. 42) for mill site claims, as the case may be, were
fully complied with by the applicant by that date.
(c) REPORT.—On September 30, 2008, the Secretary of the
Interior shall file with the House and Senate Committees on Appropriations and the Committee on Resources of the House of Representatives and the Committee on Energy and Natural Resources
of the Senate a report on actions taken by the Department under
the plan submitted pursuant to section 314(c) of the Department
of the Interior and Related Agencies Appropriations Act, 1997
(Public Law 104–208).
(d) MINERAL EXAMINATIONS.—In order to process patent
applications in a timely and responsible manner, upon the request
of a patent applicant, the Secretary of the Interior shall allow
the applicant to fund a qualified third-party contractor to be selected
by the Bureau of Land Management to conduct a mineral examination of the mining claims or mill sites contained in a patent application as set forth in subsection (b). The Bureau of Land Management
shall have the sole responsibility to choose and pay the thirdparty contractor in accordance with the standard procedures
employed by the Bureau of Land Management in the retention
of third-party contractors.
SEC. 409. Notwithstanding any other provision of law, amounts
appropriated to or otherwise designated in committee reports for
the Bureau of Indian Affairs and the Indian Health Service by
Public Laws 103–138, 103–332, 104–134, 104–208, 105–83, 105–
277, 106–113, 106–291, 107–63, 108–7, 108–108, 108–447, 109–
54, 109–289, division B and Continuing Appropriations Resolution,
2007 (division B of Public Law 109–289, as amended by Public
Law 110–5) for payments for contract support costs associated
with self-determination or self-governance contracts, grants, compacts, or annual funding agreements with the Bureau of Indian
Affairs or the Indian Health Service as funded by such Acts, are
the total amounts available for fiscal years 1994 through 2007
for such purposes, except that for the Bureau of Indian Affairs,
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Timber.
Patents.
Mines and
mining.
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16 USC 1604
note.
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Timber.
Alaska.
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PUBLIC LAW 110–161—DEC. 26, 2007
tribes and tribal organizations may use their tribal priority allocations for unmet contract support costs of ongoing contracts, grants,
self-governance compacts, or annual funding agreements.
SEC. 410. Prior to October 1, 2008, the Secretary of Agriculture
shall not be considered to be in violation of subparagraph 6(f)(5)(A)
of the Forest and Rangeland Renewable Resources Planning Act
of 1974 (16 U.S.C. 1604(f)(5)(A)) solely because more than 15 years
have passed without revision of the plan for a unit of the National
Forest System. Nothing in this section exempts the Secretary from
any other requirement of the Forest and Rangeland Renewable
Resources Planning Act (16 U.S.C. 1600 et seq.) or any other
law: Provided, That if the Secretary is not acting expeditiously
and in good faith, within the funding available, to revise a plan
for a unit of the National Forest System, this section shall be
void with respect to such plan and a court of proper jurisdiction
may order completion of the plan on an accelerated basis.
SEC. 411. No timber sale in Region 10 shall be advertised
if the indicated rate is deficit when appraised using a residual
value approach that assigns domestic Alaska values for western
redcedar. Program accomplishments shall be based on volume sold.
Should Region 10 sell, in the current fiscal year, the annual average
portion of the decadal allowable sale quantity called for in the
current Tongass Land Management Plan in sales which are not
deficit when appraised using a residual value approach that assigns
domestic Alaska values for western redcedar, all of the western
redcedar timber from those sales which is surplus to the needs
of domestic processors in Alaska, shall be made available to
domestic processors in the contiguous 48 United States at prevailing
domestic prices. Should Region 10 sell, in the current fiscal year,
less than the annual average portion of the decadal allowable
sale quantity called for in the Tongass Land Management Plan
in sales which are not deficit when appraised using a residual
value approach that assigns domestic Alaska values for western
redcedar, the volume of western redcedar timber available to
domestic processors at prevailing domestic prices in the contiguous
48 United States shall be that volume: (1) which is surplus to
the needs of domestic processors in Alaska; and (2) is that percent
of the surplus western redcedar volume determined by calculating
the ratio of the total timber volume which has been sold on the
Tongass to the annual average portion of the decadal allowable
sale quantity called for in the current Tongass Land Management
Plan. The percentage shall be calculated by Region 10 on a rolling
basis as each sale is sold (for purposes of this amendment, a
‘‘rolling basis’’ shall mean that the determination of how much
western redcedar is eligible for sale to various markets shall be
made at the time each sale is awarded). Western redcedar shall
be deemed ‘‘surplus to the needs of domestic processors in Alaska’’
when the timber sale holder has presented to the Forest Service
documentation of the inability to sell western redcedar logs from
a given sale to domestic Alaska processors at a price equal to
or greater than the log selling value stated in the contract. All
additional western redcedar volume not sold to Alaska or contiguous
48 United States domestic processors may be exported to foreign
markets at the election of the timber sale holder. All Alaska yellow
cedar may be sold at prevailing export prices at the election of
the timber sale holder.
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PUBLIC LAW 110–161—DEC. 26, 2007
121 STAT. 2147
SEC. 412. No funds provided in this Act may be expended
to conduct preleasing, leasing and related activities under either
the Mineral Leasing Act (30 U.S.C. 181 et seq.) or the Outer
Continental Shelf Lands Act (43 U.S.C. 1331 et seq.) within the
boundaries of a National Monument established pursuant to the
Act of June 8, 1906 (16 U.S.C. 431 et seq.) as such boundary
existed on January 20, 2001, except where such activities are
allowed under the Presidential proclamation establishing such
monument.
SEC. 413. In entering into agreements with foreign countries
pursuant to the Wildfire Suppression Assistance Act (42 U.S.C.
1856m) the Secretary of Agriculture and the Secretary of the
Interior are authorized to enter into reciprocal agreements in which
the individuals furnished under said agreements to provide wildfire
services are considered, for purposes of tort liability, employees
of the country receiving said services when the individuals are
engaged in fire suppression: Provided, That the Secretary of Agriculture or the Secretary of the Interior shall not enter into any
agreement under this provision unless the foreign country (either
directly or through its fire organization) agrees to assume any
and all liability for the acts or omissions of American firefighters
engaged in firefighting in a foreign country: Provided further, That
when an agreement is reached for furnishing fire fighting services,
the only remedies for acts or omissions committed while fighting
fires shall be those provided under the laws of the host country,
and those remedies shall be the exclusive remedies for any claim
arising out of fighting fires in a foreign country: Provided further,
That neither the sending country nor any legal organization associated with the firefighter shall be subject to any legal action whatsoever pertaining to or arising out of the firefighter’s role in fire
suppression.
SEC. 414. In awarding a Federal contract with funds made
available by this Act, notwithstanding Federal Government procurement and contracting laws, the Secretary of Agriculture and the
Secretary of the Interior (the ‘‘Secretaries’’) may, in evaluating
bids and proposals, give consideration to local contractors who are
from, and who provide employment and training for, dislocated
and displaced workers in an economically disadvantaged rural
community, including those historically timber-dependent areas
that have been affected by reduced timber harvesting on Federal
lands and other forest-dependent rural communities isolated from
significant alternative employment opportunities: Provided, That
notwithstanding Federal Government procurement and contracting
laws the Secretaries may award contracts, grants or cooperative
agreements to local non-profit entities, Youth Conservation Corps
or related partnerships with State, local or non-profit youth groups,
or small or micro-business or disadvantaged business: Provided
further, That the contract, grant, or cooperative agreement is for
forest hazardous fuels reduction, watershed or water quality monitoring or restoration, wildlife or fish population monitoring, or
habitat restoration or management: Provided further, That the
terms ‘‘rural community’’ and ‘‘economically disadvantaged’’ shall
have the same meanings as in section 2374 of Public Law 101–
624: Provided further, That the Secretaries shall develop guidance
to implement this section: Provided further, That nothing in this
section shall be construed as relieving the Secretaries of any duty
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Contracts.
Guidance.
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121 STAT. 2148
PUBLIC LAW 110–161—DEC. 26, 2007
under applicable procurement laws, except as provided in this section.
SEC. 415. (a) LIMITATION ON COMPETITIVE SOURCING STUDIES.—
(1) Of the funds made available by this or any other Act
to the Department of the Interior for fiscal year 2008, not
more than $3,450,000 may be used by the Secretary of the
Interior to initiate or continue competitive sourcing studies
in fiscal year 2008 for programs, projects, and activities for
which funds are appropriated by this Act.
(2) None of the funds made available by this or any other
Act may be used in fiscal year 2008 for competitive sourcing
studies and any related activities involving Forest Service personnel.
(b) COMPETITIVE SOURCING STUDY DEFINED.—In this section,
the term ‘‘competitive sourcing study’’ means a study on subjecting
work performed by Federal Government employees or private contractors to public-private competition or on converting the Federal
Government employees or the work performed by such employees
to private contractor performance under the Office of Management
and Budget Circular A–76 or any other administrative regulation,
directive, or policy.
(c) COMPETITIVE SOURCING EXEMPTION FOR FOREST SERVICE
STUDIES CONDUCTED PRIOR TO FISCAL YEAR 2006.—The Forest
Service is hereby exempted from implementing the Letter of Obligation and post-competition accountability guidelines where a competitive sourcing study involved 65 or fewer full-time equivalents, the
performance decision was made in favor of the agency provider,
no net savings was achieved by conducting the study, and the
study was completed prior to the date of this Act.
(d) In preparing any reports to the Committees on Appropriations on competitive sourcing activities, agencies funded in this
Act shall include all costs attributable to conducting the competitive
sourcing competitions and staff work to prepare for competitions
or to determine the feasibility of starting competitions, including
costs attributable to paying outside consultants and contractors
and, in accordance with full cost accounting principles, all costs
attributable to developing, implementing, supporting, managing,
monitoring, and reporting on competitive sourcing, including personnel, consultant, travel, and training costs associated with program management.
(e) In carrying out any competitive sourcing study involving
Department of the Interior employees, the Secretary of the Interior
shall—
(1) determine whether any of the employees concerned
are also qualified to participate in wildland fire management
activities; and
(2) take into consideration the effect that contracting with
a private sector source would have on the ability of the Department of the Interior to effectively and efficiently fight and
manage wildfires.
SEC. 416. Section 331 of the Department of the Interior and
Related Agencies Appropriations Act, 2000, regarding the pilot program to enhance Forest Service administration of rights-of-way
(as enacted into law by section 1000(a)(3) of Public Law 106–
113; 113 Stat. 1501A–196; 16 U.S.C. 497 note), as amended, is
amended—
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(1) in subsection (a) by striking ‘‘2006’’ and inserting ‘‘2012’’;
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and
(2) in subsection (b) by striking ‘‘2006’’ and inserting ‘‘2012’’.
SEC. 417. Section 321 of the Department of the Interior and
Related Agencies Appropriations Act, 2003, regarding Forest Service
cooperative agreements with third parties that are of mutually
significant benefit (division F of Public Law 108–7; 117 Stat. 274;
16 U.S.C. 565a–1 note) is amended by striking ‘‘September 30,
2007’’ and inserting ‘‘September 30, 2010’’.
SEC. 418. (a) Notwithstanding any other provision of law and
until October 1, 2009, the Indian Health Service may not disburse
funds for the provision of health care services pursuant to Public
Law 93–638 (25 U.S.C. 450 et seq.) to any Alaska Native village
or Alaska Native village corporation that is located within the
area served by an Alaska Native regional health entity.
(b) Nothing in this section shall be construed to prohibit the
disbursal of funds to any Alaska Native village or Alaska Native
village corporation under any contract or compact entered into
prior to May 1, 2006, or to prohibit the renewal of any such
agreement.
(c) For the purpose of this section, Eastern Aleutian Tribes,
Inc. and the Council of Athabascan Tribal Governments shall be
treated as Alaska Native regional health entities to which funds
may be disbursed under this section.
SEC. 419. Unless otherwise provided herein, no funds appropriated in this Act for the acquisition of lands or interests in
lands may be expended for the filing of declarations of taking
or complaints in condemnation without the approval of the House
and Senate Committees on Appropriations: Provided, That this
provision shall not apply to funds appropriated to implement the
Everglades National Park Protection and Expansion Act of 1989,
or to funds appropriated for Federal assistance to the State of
Florida to acquire lands for Everglades restoration purposes.
SEC. 420. Section 337(a) of the Department of the Interior
and Related Agencies Appropriations Act, 2005 (Public Law 108–
447; 118 Stat. 3012) is amended by striking ‘‘September 30, 2006’’
and inserting ‘‘September 30, 2008’’.
SEC. 421. Section 339 of division E of the Consolidated Appropriations Act, 2005 (Public Law 108–447; 118 Stat. 3103) is
amended—
(1) by striking ‘‘2005 through 2007’’and inserting ‘‘2005
through 2008’’; and
(2) by adding at the end the following new sentence: ‘‘The
categorical exclusion under this section shall not apply with
respect to any allotment in a federally designated wilderness
area.’’.
SEC. 422. A permit fee collected during fiscal year 2007 by
the Secretary of Agriculture under the Act of March 4, 1915 (16
U.S.C. 497) for a marina on the Shasta-Trinity National Forest
shall be deposited in a special account in the Treasury established
for the Secretary of Agriculture, and shall remain available to
the Secretary of Agriculture until expended, without further appropriation, for purposes stated in section 808(a)(3)(A–D) of title VIII
of division J of Public Law 108–447 (16 U.S.C. 6807), and for
direct operating or capital costs associated with the issuance of
a marina permit.
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Termination
date.
Alaskan Natives.
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North Dakota.
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PUBLIC LAW 110–161—DEC. 26, 2007
SEC. 423. The Forest Service shall allocate to the Regions
of the Forest Service, $15,000,000 from the current balance in
the ‘‘timber roads purchaser election fund’’, to remain available
until expended, for the following purposes: vegetative treatments
in timber stands at high risk of fire due to insect, disease, or
drought; road work in support of vegetative treatments to support
forest health objectives; and maintaining infrastructure for the processing of woody fiber in Regions where it is critical to sustaining
local economies and fulfilling the forest health objectives of the
Forest Service.
SEC. 424. (a) LAND SALE AUTHORIZATION.—To offset the acreage
acquired by the Federal Government upon the acquisition of the
Elkhorn Ranch in Medora, North Dakota, the Secretary of Agriculture (in this section referred to as the ‘‘Secretary’’) shall sell
all right, title, and interest of the United States to between 5,195
or 5,205 acres of National Forest System lands located in Billings
County, North Dakota. It is the intent of Congress that there
will be no net gain in federally owned land in North Dakota as
a result of these land conveyances.
(b) LAND SALES.—The Secretary may prescribe reservations,
terms, and conditions of sale under this section, and may configure
the descriptions of the land to be sold under this section to enhance
the marketability of the land or for management purposes. The
Secretary may utilize brokers or other third parties in the sale
of land and, from the proceeds of the sale, may pay reasonable
commissions or fees for services rendered.
(c) CONSIDERATION.—As consideration for the purchase of land
sold under this section, the purchaser shall pay to the Secretary
an amount, in cash, equal to the fair market value of the land,
as determined by the Secretary by appraisal or competitive sale
consistent with Federal law applicable to land sales. The Secretary
may reject any offer made under this section if the Secretary
determines, in the absolute discretion of the Secretary, that the
offer is not adequate or not in the public interest.
(d) INITIAL OFFER.—Under such terms, conditions, and procedures as the Secretary may prescribe, any base property landowner
holding a current permit to graze any land authorized for sale
under this section shall have a non-assignable first right to buy
the land, provided that right must be exercised within 6 months
after the date of the offer from the Secretary.
(e) TREATMENT OF PROCEEDS.—Using the proceeds from the
sale of land under this section, the Secretary shall cover direct
expenses incurred by the Secretary in conducting the sale. Any
remaining proceeds shall be deposited into the fund established
by the Act of December 4, 1967 (commonly known as the Sisk
Act; 16 U.S.C. 484a), and shall be available, until expended, for
the acquisition of land for inclusion in the National Forest System.
(f) LAND TRANSFERS.—The lands are to be conveyed from fiscal
years 2008 to 2009. In the conveyance of any land authorized
by this section, the Secretary shall not be required to conduct
additional environmental analysis, including heritage resource analysis, and no sale, offer to sell, or conveyance shall be subject
to administrative appeal.
(g) ELKHORN RANCH.—The grazing land lease terms in effect
on the date of the enactment of this Act relating to the acquired
Elkhorn Ranch in Medora, North Dakota, shall remain in effect
until December 31, 2009. After that date, Federal land grazing
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121 STAT. 2151
use of the Elkhorn Ranch shall be managed through the grazing
agreement between the Medora Grazing Association and the Forest
Service. The Animal Unit Months (AUMs) for both Federal and
private lands encompassing the Elkhorn Ranch shall become part
of the grazing agreement held by Medora Grazing Association to
be reallocated to its members in accordance with their rules in
effect as of the date of the enactment of this Act.
(h) The multiple uses of the acquired Elkhorn Ranch shall
continue.
SEC. 425. In fiscal year 2008 and thereafter, the Forest Service
shall not change the eligibility requirements for base property,
and livestock ownership as they relate to leasing of base property
and shared livestock agreements for grazing permits on the Dakota
Prairie Grasslands that were in effect as of July 18, 2005.
SEC. 426. The Arts and Artifacts Indemnity Act (Public Law
94–158) is amended—
(1) in section 3(a) by striking ‘‘(B) the exhibition of which
is’’ and inserting in lieu thereof ‘‘(B) in the case of international
exhibitions,’’; and
(2) in section 5(b), by inserting before the period ‘‘for international exhibitions, and $5,000,000,000 at any one time for
domestic exhibitions’’; and
(3) in section 5(c), by inserting before the period ‘‘for international exhibitions, or $750,000,000 for domestic exhibitions’’.
SEC. 427. In accordance with authorities available in section
428, of Public Law 109–54, the Secretary of Agriculture and the
Secretary of the Interior shall execute an agreement that transfers
management and oversight of the Great Onyx, Harper’s Ferry,
and Oconaluftee Job Corps Centers to the Forest Service. These
Job Corps centers shall continue to be administered as described
in section 147(c) of Public Law 105–220, Workforce Investment
Act of 1998.
SEC. 428. The United States Department of Agriculture, Forest
Service shall seek to collaborate with stakeholders or parties in
Sierra Forest Legacy, et al v. Weingardt, et al, Civil No. C 07–
001654 (E.D. Cal.), and Sierra Club, et al v. Bosworth, et al,
Civil No. C 05–00397 (N.D. Cal.), regarding harvest operations
outside of the Giant Sequoia National Monument in relation to
the decisions approving the Revised Ice Timber Sale and Fuels
Reduction Project and the Frog Project, and taking into account
the terms of the contracts for those projects, and in relation to
the Record of Decision for the Kings River Project, and as appropriate in regard to other disputed fuel reduction projects in the
area.
SEC. 429. (a) IN GENERAL.—Section 636 of division A of the
Treasury, Postal Service, and General Government Appropriations
Act, 1997 (5 U.S.C. prec. 5941 note; Public Law 104–208), is
amended—
(1) in subsection (b)—
(A) in paragraph (1), by striking ‘‘or’’;
(B) in paragraph (2), by striking the period and
inserting ‘‘; or’’; and
(C) by adding at the end the following:
‘‘(3) a temporary fire line manager.’’; and
(2) in subsection (c)—
(A) in paragraph (3), by striking ‘‘, and’’ and inserting
a semicolon;
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20 USC 972.
20 USC 974.
Administrative
transfers.
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5 USC note prec.
5941.
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PUBLIC LAW 110–161—DEC. 26, 2007
(B) in paragraph (4)(B), by striking the period at the
end and inserting ‘‘; and’’; and
(C) by adding at the end the following:
‘‘(5) notwithstanding the definition of the terms ‘supervisor’
and ‘management official’ under section 7103(a) of title 5,
United States Code, the term ‘temporary fire line manager’
means an employee of the Forest Service or the Department
of the Interior, whose duties include, as determined by the
employing agency—
‘‘(A) temporary supervision or management of personnel engaged in wildland or managed fire activities;
‘‘(B) providing analysis or information that affects a
decision by a supervisor or manager about a wildland or
managed fire; or
(C) directing the deployment of equipment for a
wildland or managed fire.’’.
(b) EFFECTIVE DATE.—The amendment made by subsection (a)
shall take effect on the date of enactment of this Act.
SEC. 430. GLOBAL CLIMATE CHANGE. (a) The Congress finds
that—
(1) greenhouse gases accumulating in the atmosphere are
causing average temperatures to rise at a rate outside the
range of natural variability and are posing a substantial risk
of rising sea-levels, altered patterns of atmospheric and oceanic
circulation, and increased frequency and severity of floods,
droughts, and wildfires;
(2) there is a growing scientific consensus that human
activity is a substantial cause of greenhouse gas accumulation
in the atmosphere; and
(3) mandatory steps will be required to slow or stop the
growth of greenhouse gas emissions into the atmosphere.
(b) It is the sense of the Congress that there should be enacted
a comprehensive and effective national program of mandatory,
market-based limits and incentives on emissions of greenhouse
gases that slow, stop, and reverse the growth of such emissions
at a rate and in a manner that: (1) will not significantly harm
the United States economy; and (2) will encourage comparable
action by other nations that are major trading partners and key
contributors to global emissions.
SEC. 431. None of the funds made available in this Act may
be used to purchase light bulbs unless the light bulbs have the
‘‘ENERGY STAR’’ or ‘‘Federal Energy Management Program’’ designation, except in instances where the agency determines that
ENERGY STAR or FEMP designated light bulbs are not costeffective over the life of the light bulbs or are not reasonably
available to meet the functional requirements of the agency.
SEC. 432. None of the funds made available under this Act
may be used to promulgate or implement the Environmental Protection Agency proposed regulations published in the Federal Register
on January 3, 2007 (72 Fed. Reg. 69).
SEC. 433. None of the funds made available by this Act shall
be used to prepare or publish final regulations regarding a commercial leasing program for oil shale resources on public lands pursuant
to section 369(d) of the Energy Policy Act of 2005 (Public Law
109–58) or to conduct an oil shale lease sale pursuant to subsection
369(e) of such Act.
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PUBLIC LAW 110–161—DEC. 26, 2007
121 STAT. 2153
SEC. 434. Section 401 of the Herger-Feinstein Quincy Library
Group Forest Recovery Act, Public Law 105–277, division A, section
101(e) (title IV), 112 Stat. 2681–305, is amended—
(1) In section (g) by striking ‘‘until’’ and all that follows
and inserting ‘‘until September 30, 2012.’’;
(2) By striking subsection (i) and inserting the following:
‘‘By June 1, 2008, the Forest Service shall initiate a collaborative process with the Plaintiffs in Sierra Nevada Forest Prot.
Campaign v. Rey, Case No. CIV–S–05–0205 MCE/GGH (E.D.
Cal.), appeal docketed sub nom. Sierra Forest Legacy v. Rey,
No. 07–16892 (9th Cir. Oct. 23, 2007) and the Quincy Library
Group to determine whether modifications to the Pilot Project
are appropriate for the remainder of the Pilot Project.’’; and
(3) By adding at the end the following:
‘‘(m) Sections 104–106 of Public Law 108–148 shall apply to
projects authorized by this Act.’’.
SEC. 435. In addition to the amounts otherwise provided to
the Environmental Protection Agency in this Act, $8,000,000, to
remain available until expended, is provided to EPA to be transferred to the Department of the Navy for clean-up activities at
the Treasure Island Naval Station—Hunters Point Annex.
SEC. 436. In addition to amounts provided to the Environmental
Protection Agency in this Act, the Oklahoma Department of
Environmental Quality is provided the amount of $3,000,000 for
a grant to the Oklahoma Department of Environmental Quality
for ongoing relocation assistance as administered by the Lead
Impacted Communities Relocation Assistance Trust and as conducted consistent with the use of prior unexpended funding for
relocation assistance, including buy outs of properties, in accordance
with section 2301 of Public Law 109–234 (120 Stat. 455–466).
SEC. 437. (a) ACROSS-THE-BOARD RESCISSIONS.—There is hereby
rescinded an amount equal to 1.56 percent of the budget authority
provided for fiscal year 2008 for any discretionary appropriation
in titles I through IV of this Act.
(b) PROPORTIONATE APPLICATION.—Any rescission made by subsection (a) shall be applied proportionately—
(1) to each discretionary account and each item of budget
authority described in subsection (a); and
(2) within each such account and item, to each program,
project, and activity (with programs, projects, and activities
as delineated in the appropriation Act or accompanying reports
for the relevant fiscal year covering such account or item,
or for accounts and items not included in appropriation Acts,
as delineated in the most recently submitted President’s
budget).
(c) INDIAN LAND AND WATER CLAIM SETTLEMENTS.—Under the
heading ‘‘Bureau of Indian Affairs, Indian Land and Water Claim
Settlements and Miscellaneous Payments to Indians’’, the acrossthe-board rescission in this section, and any subsequent acrossthe-board rescission for fiscal year 2008, shall apply only to the
first dollar amount in the paragraph and the distribution of the
rescission shall be at the discretion of the Secretary of the Interior
who shall submit a report on such distribution and the rationale
therefor to the House and Senate Committees on Appropriations.
(d) OMB REPORT.—Within 30 days after the date of the enactment of this section the Director of the Office of Management
and Budget shall submit to the Committees on Appropriations
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16 USC 2104
note.
Applicability.
Applicability.
Reports.
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PUBLIC LAW 110–161—DEC. 26, 2007
of the House of Representatives and the Senate a report specifying
the account and amount of each rescission made pursuant to this
section.
TITLE V
WILDFIRE SUPPRESSION EMERGENCY APPROPRIATIONS
DEPARTMENT OF THE INTERIOR
BUREAU
OF
LAND MANAGEMENT
WILDLAND FIRE MANAGEMENT
(INCLUDING
Notification.
TRANSFERS OF FUNDS)
For an additional amount for ‘‘Wildland Fire Management’’,
$78,000,000, to remain available until expended, for urgent wildland
fire suppression activities: Provided, That such funds shall only
become available if funds previously provided for wildland fire
suppression will be exhausted imminently and the Secretary of
the Interior notifies the House and Senate Committees on Appropriations in writing of the need for these additional funds: Provided
further, That such funds are also available for repayment to other
appropriations accounts from which funds were transferred for wildfire suppression: Provided further, That the amount provided by
this paragraph is designated as described in section 5 (in the
matter preceding division A of this consolidated Act).
DEPARTMENT OF AGRICULTURE
FOREST SERVICE
WILDLAND FIRE MANAGEMENT
(INCLUDING
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TRANSFERS OF FUNDS)
For an additional amount for ‘‘Wildland Fire Management’’,
$222,000,000, to remain available until expended, for urgent
wildland fire suppression activities: Provided, That such funds shall
only become available if funds provided previously for wildland
fire suppression will be exhausted imminently and the Secretary
of Agriculture notifies the House and Senate Committees on Appropriations in writing of the need for these additional funds: Provided
further, That such funds are also available for repayment to other
appropriation accounts from which funds were transferred for wildfire suppression: Provided further, That the amount provided by
this paragraph is designated as described in section 5 (in the
matter preceding division A of this consolidated Act).
This division may be cited as the ‘‘Department of the Interior,
Environment, and Related Agencies Appropriations Act, 2008’’.
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DIVISION G—DEPARTMENTS OF LABOR, HEALTH AND
HUMAN SERVICES, AND EDUCATION, AND RELATED
AGENCIES APPROPRIATIONS ACT, 2008
TITLE I
DEPARTMENT OF LABOR
EMPLOYMENT
AND
TRAINING ADMINISTRATION
TRAINING AND EMPLOYMENT SERVICES
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(INCLUDING
Departments of
Labor, Health
and Human
Services, and
Education, and
Related Agencies
Appropriations
Act, 2008.
Department of
Labor
Appropriations
Act, 2008.
RESCISSIONS)
For necessary expenses of the Workforce Investment Act of
1998 (‘‘WIA’’), the Denali Commission Act of 1998, and the Women
in Apprenticeship and Non-Traditional Occupations Act of 1992,
including the purchase and hire of passenger motor vehicles, the
construction, alteration, and repair of buildings and other facilities,
and the purchase of real property for training centers as authorized
by the WIA; $3,608,349,000, plus reimbursements, is available.
Of the amounts provided:
(1) for grants to States for adult employment and training
activities, youth activities, and dislocated worker employment
and training activities, $2,994,510,000 as follows:
(A) $864,199,000 for adult employment and training
activities, of which $152,199,000 shall be available for the
period July 1, 2008 to June 30, 2009, and of which
$712,000,000 shall be available for the period October 1,
2008 through June 30, 2009;
(B) $940,500,000 for youth activities, which shall be
available for the period April 1, 2008 through June 30,
2009; and
(C) $1,189,811,000 for dislocated worker employment
and training activities, of which $341,811,000 shall be
available for the period July 1, 2008 through June 30,
2009, and of which $848,000,000 shall be available for
the period October 1, 2008 through June 30, 2009:
Provided, That notwithstanding the transfer limitation under
section 133(b)(4) of the WIA, up to 30 percent of such funds
may be transferred by a local board if approved by the Governor;
(2) for federally administered programs, $477,873,000 as
follows:
(A) $282,092,000 for the dislocated workers assistance
national reserve, of which $6,300,000 shall be available
on October 1, 2007, of which $63,792,000 shall be available
for the period July 1, 2008 through June 30, 2009, and
of which $212,000,000 shall be available for the period
October 1, 2008 through June 30, 2009: Provided, That
up to $125,000,000 may be made available for CommunityBased Job Training grants from funds reserved under section 132(a)(2)(A) of the WIA and shall be used to carry
out such grants under section 171(d) of such Act, except
that the 10 percent limitation otherwise applicable to the
amount of funds that may be used to carry out section
171(d) shall not be applicable to funds used for CommunityBased Job Training grants: Provided further, That funds
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provided to carry out section 132(a)(2)(A) of the WIA may
be used to provide assistance to a State for State-wide
or local use in order to address cases where there have
been worker dislocations across multiple sectors or across
multiple local areas and such workers remain dislocated;
coordinate the State workforce development plan with
emerging economic development needs; and train such
eligible dislocated workers: Provided further, That funds
provided to carry out section 171(d) of the WIA may be
used for demonstration projects that provide assistance
to new entrants in the workforce and incumbent workers:
Provided further, That $2,600,000 shall be for a noncompetitive grant to the National Center on Education
and the Economy, which shall be awarded not later than
30 days after the date of enactment of this Act: Provided
further, That $1,500,000 shall be for a non-competitive
grant to the AFL–CIO Working for America Institute,
which shall be awarded not later than 30 days after the
date of enactment of this Act: Provided further, That
$2,200,000 shall be for a non-competitive grant to the AFL–
CIO Appalachian Council, Incorporated, for Job Corps
career transition services, which shall be awarded not later
than 30 days after the date of enactment of this Act;
(B) $53,696,000 for Native American programs, which
shall be available for the period July 1, 2008 through
June 30, 2009;
(C) $81,085,000 for migrant and seasonal farmworker
programs under section 167 of the WIA, including
$75,610,000 for formula grants (of which not less that
70 percent shall be for employment and training services),
$4,975,000 for migrant and seasonal housing (of which
not less than 70 percent shall be for permanent housing),
and $500,000 for other discretionary purposes, which shall
be available for the period July 1, 2008 through June
30, 2009: Provided, That, notwithstanding any other provision of law or related regulation, the Department shall
take no action limiting the number or proportion of eligible
participants receiving related assistance services or
discouraging grantees from providing such services;
(D) $1,000,000 for carrying out the Women in
Apprenticeship and Nontraditional Occupations Act, which
shall be available for the period July 1, 2008 through
June 30, 2009; and
(E) $60,000,000 for YouthBuild activities as described
in section 173A of the WIA, which shall be available for
the period April 1, 2008 through June 30, 2009;
(3) for national activities, $135,966,000, which shall be
available for the period July 1, 2008 through July 30, 2009
as follows:
(A) $49,370,000 for Pilots, Demonstrations, and
Research, of which $5,000,000 shall be for grants to address
the employment and training needs of young parents (notwithstanding the requirements of section 171(b)(2)(B) or
171(c)(4)(D) of the WIA): Provided, That funding provided
to carry out projects under section 171 of the WIA that
are identified in the explanatory statement described in
Deadline.
Deadline.
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121 STAT. 2157
section 4 (in the matter preceding division A of this consolidated Act), shall not be subject to the requirements of
sections 171(b)(2)(B) and 171(c)(4)(D) of the WIA, the joint
funding requirements of sections 171(b)(2)(A) and
171(c)(4)(A) of the WIA, or any time limit requirements
of sections 171(b)(2)(C) and 171(c)(4)(B) of the WIA;
(B) $74,800,000 for ex-offender activities, under the
authority of section 171 of the Act, notwithstanding the
requirements of section 171(b)(2)(B) or 171(c)(4)(D), of
which not less than $55,000,000 shall be for youthful
offender activities: Provided, That $50,000,000 shall be
available from program year 2007 and program year 2008
funds for competitive grants to local educational agencies
or community-based organizations to develop and implement mentoring strategies that integrate educational and
employment interventions designed to prevent youth
violence in schools identified as persistently dangerous
under section 9532 of the Elementary and Secondary Education Act;
(C) $4,921,000 for Evaluation under section 172 of
the WIA; and
(D) $6,875,000 for the Denali Commission, which shall
be available for the period July 1, 2008 through June
30, 2009.
Of the amounts made available under this heading in Public
Law 107–116 to carry out the activities of the National Skills
Standards Board, $44,000 are rescinded.
Of the unexpended balances remaining from funds appropriated
to the Department of Labor under this heading for fiscal years
2005 and 2006 to carry out the Youth, Adult and Dislocated Worker
formula programs under the Workforce Investment Act,
$250,000,000 are rescinded: Provided, That the Secretary of Labor
may, upon the request of a State, apply any portion of the State’s
share of this rescission to funds otherwise available to the State
for such programs during program year 2007: Provided further,
That notwithstanding any provision of such Act, the Secretary
may waive such requirements as may be necessary to carry out
the instructions relating to this rescission in House Report 110–
424.
COMMUNITY SERVICE EMPLOYMENT FOR OLDER AMERICANS
To carry out title V of the Older Americans Act of 1965,
$530,900,000, which shall be available for the period July 1, 2008
through June 30, 2009.
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FEDERAL UNEMPLOYMENT BENEFITS AND ALLOWANCES
For payments during fiscal year 2008 of trade adjustment benefit payments and allowances under part I of subchapter B of
chapter 2 of title II of the Trade Act of 1974, and section 246
of that Act; and for training, allowances for job search and relocation, and related State administrative expenses under part II of
subchapter B of chapter 2 of title II of the Trade Act of 1974,
$888,700,000, together with such amounts as may be necessary
to be charged to the subsequent appropriation for payments for
any period subsequent to September 15, 2008.
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PUBLIC LAW 110–161—DEC. 26, 2007
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STATE UNEMPLOYMENT INSURANCE AND EMPLOYMENT SERVICE
OPERATIONS
For authorized administrative expenses, $90,517,000, together
with not to exceed $3,233,436,000 which may be expended from
the Employment Security Administration Account in the Unemployment Trust Fund (‘‘the Trust Fund’’), of which:
(1) $2,497,770,000 from the Trust Fund is for grants to
States for the administration of State unemployment insurance
laws as authorized under title III of the Social Security Act,
the administration of unemployment insurance for Federal
employees and for ex-service members as authorized under
sections 8501–8523 of title 5, United States Code, and the
administration of trade readjustment allowances and alternative trade adjustment assistance under the Trade Act of
1974, and shall be available for obligation by the States through
December 31, 2008, except that funds used for automation
acquisitions shall be available for obligation by the States
through September 30, 2010, and funds used for unemployment
insurance workloads experienced by the States through September 30, 2008 shall be available for Federal obligation
through December 31, 2008.
(2) $9,900,000 from the Trust Fund is for national activities
necessary to support the administration of the Federal-State
unemployment insurance system.
(3) $693,000,000 from the Trust Fund, together with
$22,883,000 from the General Fund of the Treasury, is for
grants to States in accordance with section 6 of the WagnerPeyser Act, and shall be available for Federal obligation for
the period July 1, 2008 through June 30, 2009.
(4) $32,766,000 from the Trust Fund is for national activities of the Employment Service, including administration of
the work opportunity tax credit under section 51 of the Internal
Revenue Code of 1986, the administration of activities,
including foreign labor certifications, under the Immigration
and Nationality Act, and the provision of technical assistance
and staff training under the Wagner-Peyser Act, including not
to exceed $1,228,000 that may be used for amortization payments to States which had independent retirement plans in
their State employment service agencies prior to 1980.
(5) $52,985,000 from the General Fund is to provide
workforce information, national electronic tools, and one-stop
system building under the Wagner-Peyser Act and shall be
available for Federal obligation for the period July 1, 2008
through June 30, 2009.
(6) $14,649,000 from the General Fund is to provide for
work incentive grants to the States and shall be available
for the period July 1, 2008 through June 30, 2009:
Provided, That to the extent that the Average Weekly Insured
Unemployment (‘‘AWIU’’) for fiscal year 2008 is projected by the
Department of Labor to exceed 2,786,000, an additional $28,600,000
from the Trust Fund shall be available for obligation for every
100,000 increase in the AWIU level (including a pro rata amount
for any increment less than 100,000) to carry out title III of the
Social Security Act: Provided further, That funds appropriated in
this Act that are allotted to a State to carry out activities under
title III of the Social Security Act may be used by such State
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121 STAT. 2159
to assist other States in carrying out activities under such title
III if the other States include areas that have suffered a major
disaster declared by the President under the Robert T. Stafford
Disaster Relief and Emergency Assistance Act: Provided further,
That the Secretary of Labor may use funds appropriated for grants
to States under title III of the Social Security Act to make payments
on behalf of States for the use of the National Directory of New
Hires under section 453(j)(8) of such Act: Provided further, That
funds appropriated in this Act which are used to establish a national
one-stop career center system, or which are used to support the
national activities of the Federal-State unemployment insurance
or immigration programs, may be obligated in contracts, grants,
or agreements with non-State entities: Provided further, That funds
appropriated under this Act for activities authorized under title
III of the Social Security Act and the Wagner-Peyser Act may
be used by States to fund integrated Unemployment Insurance
and Employment Service automation efforts, notwithstanding cost
allocation principles prescribed under the Office of Management
and Budget Circular A–87.
ADVANCES TO THE UNEMPLOYMENT TRUST FUND AND OTHER FUNDS
For repayable advances to the Unemployment Trust Fund as
authorized by sections 905(d) and 1203 of the Social Security Act,
and to the Black Lung Disability Trust Fund as authorized by
section 9501(c)(1) of the Internal Revenue Code of 1954; and for
nonrepayable advances to the Unemployment Trust Fund as authorized by section 8509 of title 5, United States Code, and to the
‘‘Federal unemployment benefits and allowances’’ account, to remain
available until September 30, 2009, $437,000,000.
In addition, for making repayable advances to the Black Lung
Disability Trust Fund in the current fiscal year after September
15, 2008, for costs incurred by the Black Lung Disability Trust
Fund in the current fiscal year, such sums as may be necessary.
PROGRAM ADMINISTRATION
For expenses of administering employment and training programs, $88,451,000, together with not to exceed $86,936,000, which
may be expended from the Employment Security Administration
Account in the Unemployment Trust Fund.
EMPLOYEE BENEFITS SECURITY ADMINISTRATION
SALARIES AND EXPENSES
For necessary expenses for the Employee Benefits Security
Administration, $141,790,000.
PENSION BENEFIT GUARANTY CORPORATION
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PENSION BENEFIT GUARANTY CORPORATION FUND
The Pension Benefit Guaranty Corporation is authorized to
make such expenditures, including financial assistance authorized
by subtitle E of title IV of the Employee Retirement Income Security
Act of 1974 (29 U.S.C. 4201 et seq.), within limits of funds and
borrowing authority available to such Corporation, and in accord
with law, and to make such contracts and commitments without
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Notification.
PUBLIC LAW 110–161—DEC. 26, 2007
regard to fiscal year limitations as provided by section 104 of
the Government Corporation Control Act (31 U.S.C. 9104), as may
be necessary in carrying out the program, including associated
administrative expenses, through September 30, 2008, for such
Corporation: Provided, That none of the funds available to the
Corporation for fiscal year 2008 shall be available for obligations
for administrative expenses in excess of $411,151,000: Provided
further, That to the extent that the number of new plan participants
in plans terminated by the Corporation exceeds 100,000 in fiscal
year 2008, an amount not to exceed an additional $9,200,000 shall
be available for obligation for administrative expenses for every
20,000 additional terminated participants: Provided further, That
an additional $50,000 shall be made available for obligation for
investment management fees for every $25,000,000 in assets
received by the Corporation as a result of new plan terminations,
after approval by the Office of Management and Budget and
notification of the Committees on Appropriations of the House of
Representatives and the Senate.
EMPLOYMENT STANDARDS ADMINISTRATION
SALARIES AND EXPENSES
(INCLUDING
RESCISSION)
For necessary expenses for the Employment Standards
Administration, including reimbursement to State, Federal, and
local agencies and their employees for inspection services rendered,
$426,351,000, together with $2,058,000 which may be expended
from the Special Fund in accordance with sections 39(c), 44(d),
and 44(j) of the Longshore and Harbor Workers’ Compensation
Act: Provided, That the Secretary of Labor is authorized to establish
and, in accordance with 31 U.S.C. 3302, collect and deposit in
the Treasury fees for processing applications and issuing certificates
under sections 11(d) and 14 of the Fair Labor Standards Act of
1938 and for processing applications and issuing registrations under
title I of the Migrant and Seasonal Agricultural Worker Protection
Act.
Of the unobligated funds collected pursuant to section 286(v)
of the Immigration and Nationality Act, $102,000,000 are rescinded.
SPECIAL BENEFITS
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(INCLUDING
TRANSFER OF FUNDS)
For the payment of compensation, benefits, and expenses
(except administrative expenses) accruing during the current or
any prior fiscal year authorized by chapter 81 of title 5, United
States Code; continuation of benefits as provided for under the
heading ‘‘Civilian War Benefits’’ in the Federal Security Agency
Appropriation Act, 1947; the Employees’ Compensation Commission
Appropriation Act, 1944; sections 4(c) and 5(f) of the War Claims
Act of 1948; and 50 percent of the additional compensation and
benefits required by section 10(h) of the Longshore and Harbor
Workers’ Compensation Act, $203,000,000, together with such
amounts as may be necessary to be charged to the subsequent
year appropriation for the payment of compensation and other
benefits for any period subsequent to August 15 of the current
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121 STAT. 2161
year: Provided, That amounts appropriated may be used under
section 8104 of title 5, United States Code, by the Secretary of
Labor to reimburse an employer, who is not the employer at the
time of injury, for portions of the salary of a reemployed, disabled
beneficiary: Provided further, That balances of reimbursements
unobligated on September 30, 2007, shall remain available until
expended for the payment of compensation, benefits, and expenses:
Provided further, That in addition there shall be transferred to
this appropriation from the Postal Service and from any other
corporation or instrumentality required under section 8147(c) of
title 5, United States Code, to pay an amount for its fair share
of the cost of administration, such sums as the Secretary determines
to be the cost of administration for employees of such fair share
entities through September 30, 2008: Provided further, That of
those funds transferred to this account from the fair share entities
to pay the cost of administration of the Federal Employees’ Compensation Act, $52,280,000 shall be made available to the Secretary
as follows:
(1) For enhancement and maintenance of automated data
processing
systems
and
telecommunications
systems,
$21,855,000.
(2) For automated workload processing operations,
including document imaging, centralized mail intake and medical bill processing, $16,109,000.
(3) For periodic roll management and medical review,
$14,316,000.
(4) The remaining funds shall be paid into the Treasury
as miscellaneous receipts:
Provided further, That the Secretary may require that any person
filing a notice of injury or a claim for benefits under chapter
81 of title 5, United States Code, or the Longshore and Harbor
Workers’ Compensation Act, provide as part of such notice and
claim, such identifying information (including Social Security
account number) as such regulations may prescribe.
SPECIAL BENEFITS FOR DISABLED COAL MINERS
For carrying out title IV of the Federal Mine Safety and Health
Act of 1977, as amended by Public Law 107–275, $208,221,000,
to remain available until expended.
For making after July 31 of the current fiscal year, benefit
payments to individuals under title IV of such Act, for costs incurred
in the current fiscal year, such amounts as may be necessary.
For making benefit payments under title IV for the first quarter
of fiscal year 2009, $62,000,000, to remain available until expended.
ADMINISTRATIVE EXPENSES, ENERGY EMPLOYEES OCCUPATIONAL
ILLNESS COMPENSATION FUND
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(INCLUDING
TRANSFER OF FUNDS)
For necessary expenses to administer the Energy Employees
Occupational Illness Compensation Program Act, $104,745,000, to
remain available until expended: Provided, That the Secretary of
Labor is authorized to transfer to any executive agency with
authority under the Energy Employees Occupational Illness Compensation Program Act, including within the Department of Labor,
such sums as may be necessary in fiscal year 2008 to carry out
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Deadline.
PUBLIC LAW 110–161—DEC. 26, 2007
those authorities: Provided further, That the Secretary may require
that any person filing a claim for benefits under the Act provide
as part of such claim, such identifying information (including Social
Security account number) as may be prescribed: Provided further,
That not later than 30 days after enactment of this Act, in addition
to other sums transferred by the Secretary to the National Institute
for Occupational Safety and Health (‘‘NIOSH’’) for the administration of the Energy Employees Occupational Illness Compensation
Program (‘‘EEOICP’’), the Secretary shall transfer $4,500,000 to
NIOSH from the funds appropriated to the Energy Employees
Occupational Illness Compensation Fund, for use by or in support
of the Advisory Board on Radiation and Worker Health (‘‘the Board’’)
to carry out its statutory responsibilities under the EEOICP,
including obtaining audits, technical assistance and other support
from the Board’s audit contractor with regard to radiation dose
estimation and reconstruction efforts, site profiles, procedures, and
review of Special Exposure Cohort petitions and evaluation reports.
BLACK LUNG DISABILITY TRUST FUND
(INCLUDING
26 USC 9501
note.
TRANSFER OF FUNDS)
In fiscal year 2008 and thereafter, such sums as may be necessary from the Black Lung Disability Trust Fund, to remain available until expended, for payment of all benefits authorized by
section 9501(d)(1), (2), (4), and (7) of the Internal Revenue Code
of 1954; and interest on advances, as authorized by section
9501(c)(2) of that Act. In addition, the following amounts shall
be available from the Fund for fiscal year 2008 for expenses of
operation and administration of the Black Lung Benefits program,
as authorized by section 9501(d)(5): not to exceed $32,761,000 for
transfer to the Employment Standards Administration ‘‘Salaries
and Expenses’’; not to exceed $24,785,000 for transfer to Departmental Management, ‘‘Salaries and Expenses’’; not to exceed
$335,000 for transfer to Departmental Management, ‘‘Office of
Inspector General’’; and not to exceed $356,000 for payments into
miscellaneous receipts for the expenses of the Department of the
Treasury.
OCCUPATIONAL SAFETY
AND
HEALTH ADMINISTRATION
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SALARIES AND EXPENSES
For necessary expenses for the Occupational Safety and Health
Administration, $494,641,000, including not to exceed $91,093,000
which shall be the maximum amount available for grants to States
under section 23(g) of the Occupational Safety and Health Act
(the ‘‘Act’’), which grants shall be no less than 50 percent of the
costs of State occupational safety and health programs required
to be incurred under plans approved by the Secretary of Labor
under section 18 of the Act; and, in addition, notwithstanding
31 U.S.C. 3302, the Occupational Safety and Health Administration
may retain up to $750,000 per fiscal year of training institute
course tuition fees, otherwise authorized by law to be collected,
and may utilize such sums for occupational safety and health
training and education grants: Provided, That, notwithstanding
31 U.S.C. 3302, the Secretary is authorized, during the fiscal year
ending September 30, 2008, to collect and retain fees for services
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PUBLIC LAW 110–161—DEC. 26, 2007
121 STAT. 2163
provided to Nationally Recognized Testing Laboratories, and may
utilize such sums, in accordance with the provisions of 29 U.S.C.
9a, to administer national and international laboratory recognition
programs that ensure the safety of equipment and products used
by workers in the workplace: Provided further, That none of the
funds appropriated under this paragraph shall be obligated or
expended to prescribe, issue, administer, or enforce any standard,
rule, regulation, or order under the Act which is applicable to
any person who is engaged in a farming operation which does
not maintain a temporary labor camp and employs 10 or fewer
employees: Provided further, That no funds appropriated under
this paragraph shall be obligated or expended to administer or
enforce any standard, rule, regulation, or order under the Act
with respect to any employer of 10 or fewer employees who is
included within a category having a Days Away, Restricted, or
Transferred (DART) occupational injury and illness rate, at the
most precise industrial classification code for which such data are
published, less than the national average rate as such rates are
most recently published by the Secretary, acting through the Bureau
of Labor Statistics, in accordance with section 24 of the Act, except—
(1) to provide, as authorized by the Act, consultation, technical assistance, educational and training services, and to conduct surveys and studies;
(2) to conduct an inspection or investigation in response
to an employee complaint, to issue a citation for violations
found during such inspection, and to assess a penalty for violations which are not corrected within a reasonable abatement
period and for any willful violations found;
(3) to take any action authorized by the Act with respect
to imminent dangers;
(4) to take any action authorized by the Act with respect
to health hazards;
(5) to take any action authorized by the Act with respect
to a report of an employment accident which is fatal to one
or more employees or which results in hospitalization of two
or more employees, and to take any action pursuant to such
investigation authorized by the Act; and
(6) to take any action authorized by the Act with respect
to complaints of discrimination against employees for exercising
rights under the Act:
Provided further, That the foregoing proviso shall not apply to
any person who is engaged in a farming operation which does
not maintain a temporary labor camp and employs 10 or fewer
employees: Provided further, That $10,116,000 shall be available
for Susan Harwood training grants, of which $3,200,000 shall be
used for the Institutional Competency Building training grants
which commenced in September 2000, for program activities for
the period of October 1, 2007 to September 30, 2008, provided
that a grantee has demonstrated satisfactory performance: Provided
further, That such grants shall be awarded not later than 30 days
after the date of enactment of this Act: Provided further, That
the Secretary shall provide a report to the Committees on Appropriations of the House of Representatives and the Senate with
timetables for the development and issuance of occupational safety
and health standards on beryllium, silica, cranes and derricks,
confined space entry in construction, and hazard communication
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Farms and
farming.
Small businesses.
Deadline.
Reports.
Deadlines.
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PUBLIC LAW 110–161—DEC. 26, 2007
global harmonization; such timetables shall include actual or estimated dates for: the publication of an advance notice of proposed
rulemaking, the commencement and completion of a Small Business
Regulatory Enforcement Fairness Act review (if required), the
completion of any peer review (if required), the submission of the
draft proposed rule to the Office of Management and Budget for
review under Executive Order No. 12866 (if required), the publication of a proposed rule, the conduct of public hearings, the submission of a draft final rule to the Office of Management and Budget
for review under Executive Order No. 12866 (if required), and
the issuance of a final rule; and such report shall be submitted
to the Committees on Appropriations of the House of Representatives and the Senate within 90 days of the enactment of this
Act, with updates provided every 90 days thereafter that shall
include an explanation of the reasons for any delays in meeting
the projected timetables for action.
MINE SAFETY
AND
HEALTH ADMINISTRATION
SALARIES AND EXPENSES
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30 USC 962.
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For necessary expenses for the Mine Safety and Health
Administration, $339,862,000, including purchase and bestowal of
certificates and trophies in connection with mine rescue and firstaid work, and the hire of passenger motor vehicles, including up
to $2,000,000 for mine rescue and recovery activities, $2,200,000
for an award to the United Mine Workers of America, for classroom
and simulated rescue training for mine rescue teams, and
$1,184,000 for an award to the Wheeling Jesuit University, for
the National Technology Transfer Center for a coal slurry impoundment project; in addition, not to exceed $750,000 may be collected
by the National Mine Health and Safety Academy for room, board,
tuition, and the sale of training materials, otherwise authorized
by law to be collected, to be available for mine safety and health
education and training activities, notwithstanding 31 U.S.C. 3302;
and, in addition, the Mine Safety and Health Administration may
retain up to $1,000,000 from fees collected for the approval and
certification of equipment, materials, and explosives for use in
mines, and may utilize such sums for such activities; the Secretary
of Labor is authorized to accept lands, buildings, equipment, and
other contributions from public and private sources and to prosecute
projects in cooperation with other agencies, Federal, State, or private; the Mine Safety and Health Administration is authorized
to promote health and safety education and training in the mining
community through cooperative programs with States, industry,
and safety associations; the Secretary is authorized to recognize
the Joseph A. Holmes Safety Association as a principal safety
association and, notwithstanding any other provision of law, may
provide funds and, with or without reimbursement, personnel,
including service of Mine Safety and Health Administration officials
as officers in local chapters or in the national organization; and
any funds available to the Department may be used, with the
approval of the Secretary, to provide for the costs of mine rescue
and survival operations in the event of a major disaster.
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BUREAU
OF
121 STAT. 2165
LABOR STATISTICS
SALARIES AND EXPENSES
For necessary expenses for the Bureau of Labor Statistics,
including advances or reimbursements to State, Federal, and local
agencies and their employees for services rendered, $476,861,000,
together with not to exceed $77,067,000, which may be expended
from the Employment Security Administration Account in the
Unemployment Trust Fund, of which $5,000,000 may be used to
fund the mass layoff statistics program under section 15 of the
Wagner-Peyser Act: Provided, That the Current Employment
Survey shall maintain the content of the survey issued prior to
June 2005 with respect to the collection of data for the women
worker series.
OFFICE
OF
Survey.
DISABILITY EMPLOYMENT POLICY
SALARIES AND EXPENSES
For necessary expenses for the Office of Disability Employment
Policy to provide leadership, develop policy and initiatives, and
award grants furthering the objective of eliminating barriers to
the training and employment of people with disabilities,
$27,712,000.
DEPARTMENTAL MANAGEMENT
SALARIES AND EXPENSES
For necessary expenses for Departmental Management,
including the hire of three sedans, and including the management
or operation, through contracts, grants or other arrangements of
Departmental activities conducted by or through the Bureau of
International Labor Affairs, including bilateral and multilateral
technical assistance and other international labor activities,
$296,756,000, of which $82,516,000 is for the Bureau of International Labor Affairs (including $5,000,000 to implement model
programs to address worker rights issues through technical assistance in countries with which the United States has trade preference
programs), and of which $20,000,000 is for the acquisition of Departmental information technology, architecture, infrastructure, equipment, software and related needs, which will be allocated by the
Department’s Chief Information Officer in accordance with the
Department’s capital investment management process to assure
a sound investment strategy; together with not to exceed $308,000,
which may be expended from the Employment Security Administration Account in the Unemployment Trust Fund.
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OFFICE OF JOB CORPS
To carry out subtitle C of title I of the Workforce Investment
Act of 1998, including Federal administrative expenses, the purchase and hire of passenger motor vehicles, the construction, alteration and repairs of buildings and other facilities, and the purchase
of real property for training centers as authorized by the Workforce
Investment Act; $1,626,855,000, plus reimbursements, as follows:
(1) $1,485,357,000 for Job Corps Operations, of which
$894,357,000 is available for obligation for the period July
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PUBLIC LAW 110–161—DEC. 26, 2007
1, 2008 through June 30, 2009 and of which $591,000,000
is available for obligation for the period October 1, 2008 through
June 30, 2009.
(2) $112,920,000 for construction, rehabilitation and
acquisition of Job Corps Centers, of which $12,920,000 is available for the period July 1, 2008 through June 30, 2011 and
$100,000,000 is available for the period October 1, 2008 through
June 30, 2011.
(3) $28,578,000 for necessary expenses of the Office of
Job Corps is available for obligation for the period October
1, 2007 through September 30, 2008:
Provided, That the Office of Job Corps shall have contracting
authority: Provided further, That no funds from any other appropriation shall be used to provide meal services at or for Job Corps
centers: Provided further, That none of the funds made available
in this Act shall be used to reduce Job Corps total student training
slots below the current level of 44,491 in program year 2008.
VETERANS EMPLOYMENT AND TRAINING
Not to exceed $200,631,000 may be derived from the Employment Security Administration Account in the Unemployment Trust
Fund to carry out the provisions of sections 4100–4113, 4211–
4215, and 4321–4327 of title 38, United States Code, and Public
Law 103–353, and which shall be available for obligation by the
States through December 31, 2008, of which $1,984,000 is for the
National Veterans’ Employment and Training Services Institute.
To carry out the Homeless Veterans Reintegration Programs under
section 5(a)(1) of the Homeless Veterans Comprehensive Assistance
Act of 2001 and the Veterans Workforce Investment Programs
under section 168 of the Workforce Investment Act, $31,522,000,
of which $7,482,000 shall be available for obligation for the period
July 1, 2008, through June 30, 2009.
OFFICE OF INSPECTOR GENERAL
For salaries and expenses of the Office of Inspector General
in carrying out the provisions of the Inspector General Act of
1978, $70,072,000, together with not to exceed $5,641,000, which
may be expended from the Employment Security Administration
Account in the Unemployment Trust Fund.
GENERAL PROVISIONS
SEC. 101. None of the funds appropriated in this Act for the
Job Corps shall be used to pay the salary of an individual, either
as direct costs or any proration as an indirect cost, at a rate
in excess of Executive Level I.
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(TRANSFER
OF FUNDS)
SEC. 102. Not to exceed 1 percent of any discretionary funds
(pursuant to the Balanced Budget and Emergency Deficit Control
Act of 1985) which are appropriated for the current fiscal year
for the Department of Labor in this Act may be transferred between
a program, project, or activity, but no such program, project, or
activity shall be increased by more than 3 percent by any such
transfer: Provided, That the transfer authority granted by this
section shall be available only to meet emergency needs and shall
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PUBLIC LAW 110–161—DEC. 26, 2007
121 STAT. 2167
not be used to create any new program or to fund any project
or activity for which no funds are provided in this Act: Provided
further, That the Committees on Appropriations of the House of
Representatives and the Senate are notified at least 15 days in
advance of any transfer.
SEC. 103. In accordance with Executive Order No. 13126, none
of the funds appropriated or otherwise made available pursuant
to this Act shall be obligated or expended for the procurement
of goods mined, produced, manufactured, or harvested or services
rendered, whole or in part, by forced or indentured child labor
in industries and host countries already identified by the United
States Department of Labor prior to enactment of this Act.
SEC. 104. After September 30, 2007, the Secretary of Labor
shall issue a monthly transit subsidy of not less than the full
amount (of not less than $110) that each of its employees of the
National Capital Region is eligible to receive.
SEC. 105. None of the funds appropriated in this title for
grants under section 171 of the Workforce Investment Act of 1998
may be obligated prior to the preparation and submission of a
report by the Secretary of Labor to the Committees on Appropriations of the House of Representatives and the Senate detailing
the planned uses of such funds.
SEC. 106. There is authorized to be appropriated such sums
as may be necessary to the Denali Commission through the Department of Labor to conduct job training of the local workforce where
Denali Commission projects will be constructed.
SEC. 107. None of the funds made available to the Department
of Labor for grants under section 414(c) of the American Competitiveness and Workforce Improvement Act of 1998 may be used
for any purpose other than training in the occupations and industries for which employers are using H–1B visas to hire foreign
workers, and the related activities necessary to support such
training: Provided, That the preceding limitation shall not apply
to multi-year grants awarded prior to June 30, 2007.
SEC. 108. None of the funds available in this Act or available
to the Secretary of Labor from other sources for Community-Based
Job Training grants and grants authorized under section 414(c)
of the American Competitiveness and Workforce Improvement Act
of 1998 shall be obligated for a grant awarded on a non-competitive
basis.
SEC. 109. The Secretary of Labor shall take no action to amend,
through regulatory or administration action, the definition established in 20 CFR 667.220 for functions and activities under title
I of the Workforce Investment Act of 1998, or to modify, through
regulatory or administrative action, the procedure for redesignation
of local areas as specified in subtitle B of title I of that Act (including
applying the standards specified in section 116(a)(3)(B) of that
Act, but notwithstanding the time limits specified in section
116(a)(3)(B) of that Act), until such time as legislation reauthorizing
the Act is enacted. Nothing in the preceding sentence shall permit
or require the Secretary of Labor to withdraw approval for such
redesignation from a State that received the approval not later
than October 12, 2005, or to revise action taken or modify the
redesignation procedure being used by the Secretary in order to
complete such redesignation for a State that initiated the process
of such redesignation by submitting any request for such redesignation not later than October 26, 2005.
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Notification.
Deadline.
Transit subsidy.
5 USC 7905 note.
Reports.
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Deadline.
Reports.
Deadlines.
Regulations.
30 USC 863 note.
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30 USC 875 note.
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PUBLIC LAW 110–161—DEC. 26, 2007
SEC. 110. None of the funds made available in this or any
other Act shall be available to finalize or implement any proposed
regulation under the Workforce Investment Act of 1998, WagnerPeyser Act of 1933, or the Trade Adjustment Assistance Reform
Act of 2002 until such time as legislation reauthorizing the
Workforce Investment Act of 1998 and the Trade Adjustment Assistance Reform Act of 2002 is enacted.
SEC. 111. None of the funds available in this Act may be
used to carry out a public-private competition or direct conversion
under Office of Management and Budget Circular A–76 or any
successor administrative regulation, directive or policy until 60
days after the Government Accountability Office provides a report
to the Committees on Appropriations of the House of Representatives and the Senate on the use of competitive sourcing at the
Department of Labor.
SEC. 112. (a) Not later than June 20, 2008, the Secretary
of Labor shall propose regulations pursuant to section 303(y) of
the Federal Mine Safety and Health Act of 1977, consistent with
the recommendations of the Technical Study Panel established
pursuant to section 11 of the Mine Improvement and New Emergency Response (MINER) Act (Public Law 109–236), to require
that in any coal mine, regardless of the date on which it was
opened, belt haulage entries not be used to ventilate active working
places without prior approval from the Assistant Secretary. Further,
a mine ventilation plan incorporating the use of air coursed through
belt haulage entries to ventilate active working places shall not
be approved until the Assistant Secretary has reviewed the elements
of the plan related to the use of belt air and determined that
the plan at all times affords at least the same measure of protection
where belt haulage entries are not used to ventilate working places.
The Secretary shall finalize the regulations not later than December
31, 2008.
(b) Not later than June 15, 2008, the Secretary of Labor shall
propose regulations pursuant to section 315 of the Federal Coal
Mine Health and Safety Act of 1969, consistent with the recommendations of the National Institute for Occupational Safety
and Health pursuant to section 13 of the MINER Act (Public Law
109–236), requiring rescue chambers, or facilities that afford at
least the same measure of protection, in underground coal mines.
The Secretary shall finalize the regulations not later than December
31, 2008.
SEC. 113. None of the funds appropriated in this Act under
the heading ‘‘Employment and Training Administration’’ shall be
used by a recipient or subrecipient of such funds to pay the salary
and bonuses of an individual, either as direct costs or indirect
costs, at a rate in excess of Executive Level II. This limitation
shall not apply to vendors providing goods and services as defined
in OMB Circular A–133. Where States are recipients of such funds,
States may establish a lower limit for salaries and bonuses of
those receiving salaries and bonuses from subrecipients of such
funds, taking into account factors including the relative cost-ofliving in the State, the compensation levels for comparable State
or local government employees, and the size of the organizations
that administer Federal programs involved including Employment
and Training Administration programs.
SEC. 114. (a) In this section:
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(1) The term ‘‘covered funds’’ means funds provided under
section 173 of the Workforce Investment Act of 1998 (29 U.S.C.
2918) to a State that submits an application under that section
not earlier than May 4, 2007, for a national emergency grant
to address the effects of the May 4, 2007, Greensburg, Kansas,
tornado.
(2) The term ‘‘professional municipal services’’ means services that are necessary to facilitate the recovery of Greensburg,
Kansas, from that tornado, and necessary to plan for or provide
basic management and administrative services, which may
include—
(A) the overall coordination of disaster recovery and
humanitarian efforts, oversight, and enforcement of
building code compliance, and coordination of health and
safety response units; or
(B) the delivery of humanitarian assistance to individuals affected by that tornado.
(b) Covered funds may be used to provide temporary public
sector employment and services authorized under section 173 of
such Act to individuals affected by such tornado, including individuals who were unemployed on the date of the tornado, or who
are without employment history, in addition to individuals who
are eligible for disaster relief employment under section 173(d)(2)
of such Act.
(c) Covered funds may be used to provide professional municipal
services for a period of not more than 24 months, by hiring or
contracting with individuals or organizations (including individuals
employed by contractors) that the State involved determines are
necessary to provide professional municipal services.
(d) Covered funds expended under this section may be spent
on costs incurred not earlier than May 4, 2007.
This title may be cited as the ‘‘Department of Labor Appropriations Act, 2008’’.
TITLE II
Department of
Health and
Human Services
Appropriations
Act, 2008.
DEPARTMENT OF HEALTH AND HUMAN SERVICES
HEALTH RESOURCES
AND
SERVICES ADMINISTRATION
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HEALTH RESOURCES AND SERVICES
For carrying out titles II, III, IV, VII, VIII, X, XII, XIX, and
XXVI of the Public Health Service Act, section 427(a) of the Federal
Coal Mine Health and Safety Act, title V and sections 1128E,
and 711, and 1820 of the Social Security Act, the Health Care
Quality Improvement Act of 1986, the Native Hawaiian Health
Care Act of 1988, the Cardiac Arrest Survival Act of 2000, and
section 712 of the American Jobs Creation Act of 2004,
$6,978,099,000, of which $309,889,000 shall be available for
construction and renovation (including equipment) of health care
and other facilities and other health-related activities specified in
the explanatory statement described in section 4 (in the matter
preceding division A of this consolidated Act), and of which
$38,538,000 from general revenues, notwithstanding section 1820(j)
of the Social Security Act, shall be available for carrying out the
Medicare rural hospital flexibility grants program under such section: Provided, That of the funds made available under this heading,
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Abortions.
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PUBLIC LAW 110–161—DEC. 26, 2007
$160,000 shall be available until expended for facilities renovations
at the Gillis W. Long Hansen’s Disease Center: Provided further,
That $40,000,000 of the funding provided for community health
centers shall be for base grant adjustments for existing health
centers: Provided further, That in addition to fees authorized by
section 427(b) of the Health Care Quality Improvement Act of
1986, fees shall be collected for the full disclosure of information
under the Act sufficient to recover the full costs of operating the
National Practitioner Data Bank, and shall remain available until
expended to carry out that Act: Provided further, That fees collected
for the full disclosure of information under the ‘‘Health Care Fraud
and Abuse Data Collection Program’’, authorized by section
1128E(d)(2) of the Social Security Act, shall be sufficient to recover
the full costs of operating the program, and shall remain available
until expended to carry out that Act: Provided further, That no
more than $40,000 is available until expended for carrying out
the provisions of 42 U.S.C. 233(o) including associated administrative expenses and relevant evaluations: Provided further, That no
more than $44,055,000 is available until expended for carrying
out the provisions of Public Law 104–73 and for expenses incurred
by the Department of Health and Human Services pertaining to
administrative claims made under such law: Provided further, That
of the funds made available under this heading, $305,315,000 shall
be for the program under title X of the Public Health Service
Act to provide for voluntary family planning projects: Provided
further, That amounts provided to said projects under such title
shall not be expended for abortions, that all pregnancy counseling
shall be nondirective, and that such amounts shall not be expended
for any activity (including the publication or distribution of literature) that in any way tends to promote public support or opposition to any legislative proposal or candidate for public office: Provided further, That of the funds available under this heading,
$1,854,800,000 shall remain available to the Secretary of Health
and Human Services through September 30, 2010, for parts A
and B of title XXVI of the Public Health Service Act: Provided
further, That within the amounts provided for part A of title XXVI
of the Public Health Service Act, funds shall be made available
to qualifying jurisdictions, within 45 days of enactment, for
increasing supplemental grants for fiscal year 2008 to metropolitan
areas that received grant funding in fiscal year 2007 under subparts
I and II of part A of title XXVI of the Public Health Service
Act to ensure that an area’s total funding under part A for fiscal
year 2007, together with the amount of this additional funding,
is not less than 86.6 percent of the amount of such area’s total
funding under part A for fiscal year 2006: Provided further, That,
notwithstanding section 2603(c)(1) of the Public Health Service
Act, the additional funding to areas under the immediately preceding proviso, which may be used for costs incurred during fiscal
year 2007, shall be available to the area for obligation from the
date of the award through the end of the grant year for the award:
Provided further, That $808,500,000 shall be for State AIDS Drug
Assistance Programs authorized by section 2616 of the Public
Health Service Act: Provided further, That in addition to amounts
provided herein, $25,000,000 shall be available from amounts available under section 241 of the Public Health Service Act to carry
out parts A, B, C, and D of title XXVI of the Public Health Service
Act to fund section 2691 Special Projects of National Significance:
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121 STAT. 2171
Provided further, That, notwithstanding section 502(a)(1) and
502(b)(1) of the Social Security Act, not to exceed $100,937,000
is available for carrying out special projects of regional and national
significance pursuant to section 501(a)(2) of such Act and
$10,586,000 is available for projects described in paragraphs (A)
through (F) of section 501(a)(3) of such Act: Provided further, That
of the funds provided, $39,283,000 shall be provided to the Denali
Commission as a direct lump payment pursuant to Public Law
106–113: Provided further, That of the funds provided, $25,000,000
shall be provided for the Delta Health Initiative as authorized
in section 219 of this Act and associated administrative expenses:
Provided further, That notwithstanding section 747(e)(2) of the PHS
Act, not less than $5,000,000 shall be for general dentistry programs, not less than $5,000,000 shall be for pediatric dentistry
programs and not less than $24,614,000 shall be for family medicine
programs: Provided further, That of the funds available under this
heading, $9,000,000 shall be provided for the National Cord Blood
Inventory pursuant to the Stem Cell Therapeutic and Research
Act of 2005.
HEALTH EDUCATION ASSISTANCE LOANS PROGRAM ACCOUNT
Such sums as may be necessary to carry out the purpose
of the program, as authorized by title VII of the Public Health
Service Act. For administrative expenses to carry out the guaranteed loan program, including section 709 of the Public Health
Service Act, $2,898,000.
VACCINE INJURY COMPENSATION PROGRAM TRUST FUND
For payments from the Vaccine Injury Compensation Program
Trust Fund, such sums as may be necessary for claims associated
with vaccine-related injury or death with respect to vaccines
administered after September 30, 1988, pursuant to subtitle 2 of
title XXI of the Public Health Service Act, to remain available
until expended: Provided, That for necessary administrative
expenses, not to exceed $5,500,000 shall be available from the
Trust Fund to the Secretary of Health and Human Services.
CENTERS
FOR
DISEASE CONTROL
AND
PREVENTION
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DISEASE CONTROL, RESEARCH, AND TRAINING
To carry out titles II, III, VII, XI, XV, XVII, XIX, XXI, and
XXVI of the Public Health Service Act, sections 101, 102, 103,
201, 202, 203, 301, 501, and 514 of the Federal Mine Safety and
Health Act of 1977, section 13 of the Mine Improvement and New
Emergency Response Act of 2006, sections 20, 21, and 22 of the
Occupational Safety and Health Act of 1970, title IV of the Immigration and Nationality Act, section 501 of the Refugee Education
Assistance Act of 1980, and for expenses necessary to support
activities related to countering potential biological, disease, nuclear,
radiological, and chemical threats to civilian populations; including
purchase and insurance of official motor vehicles in foreign countries; and purchase, hire, maintenance, and operation of aircraft,
$6,156,541,000, of which $56,000,000 shall remain available until
expended for equipment, construction and renovation of facilities;
of which $568,803,000 shall remain available until expended for
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Gun control.
Notification.
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PUBLIC LAW 110–161—DEC. 26, 2007
the Strategic National Stockpile; of which $27,215,000 shall be
available for public health improvement activities specified in the
explanatory statement described in section 4 (in the matter preceding division A of this consolidated Act); of which $121,541,000
for international HIV/AIDS shall remain available until September
30, 2009; and of which $109,000,000 shall be available until
expended to provide screening and treatment for first response
emergency services personnel, residents, students, and others
related to the September 11, 2001 terrorist attacks on the World
Trade Center: Provided, That of this amount, $56,500,000 is designated as described in section 5 (in the matter preceding division
A of this consolidated Act). In addition, such sums as may be
derived from authorized user fees, which shall be credited to this
account: Provided, That in addition to amounts provided herein,
the following amounts shall be available from amounts available
under section 241 of the Public Health Service Act: (1) $12,794,000
to carry out the National Immunization Surveys; (2) $113,636,000
to carry out the National Center for Health Statistics surveys;
(3) $24,751,000 to carry out information systems standards development and architecture and applications-based research used at local
public health levels; (4) $48,523,000 for Health Marketing; (5)
$31,000,000 to carry out Public Health Research; and (6)
$94,969,000 to carry out research activities within the National
Occupational Research Agenda: Provided further, That none of the
funds made available for injury prevention and control at the Centers for Disease Control and Prevention may be used, in whole
or in part, to advocate or promote gun control: Provided further,
That up to $31,800,000 shall be made available until expended
for Individual Learning Accounts for full-time equivalent employees
of the Centers for Disease Control and Prevention: Provided further,
That the Director may redirect the total amount made available
under authority of Public Law 101–502, section 3, dated November
3, 1990, to activities the Director may so designate: Provided further, That the Committees on Appropriations of the House of Representatives and the Senate are to be notified promptly of any
such transfer: Provided further, That not to exceed $18,929,000
may be available for making grants under section 1509 of the
Public Health Service Act to not less than 15 States, tribes, or
tribal organizations: Provided further, That notwithstanding any
other provision of law, the Centers for Disease Control and Prevention shall award a single contract or related contracts for development and construction of the next building or facility designated
in the Buildings and Facilities Master Plan that collectively include
the full scope of the project: Provided further, That the solicitation
and contract shall contain the clause ‘‘availability of funds’’ found
at 48 CFR 52.232–18: Provided further, That of the funds appropriated, $10,000 is for official reception and representation expenses
when specifically approved by the Director of the Centers for Disease Control and Prevention: Provided further, That employees
of the Centers for Disease Control and Prevention or the Public
Health Service, both civilian and Commissioned Officers, detailed
to States, municipalities, or other organizations under authority
of section 214 of the Public Health Service Act, or in overseas
assignments, shall be treated as non-Federal employees for
reporting purposes only and shall not be included within any personnel ceiling applicable to the Agency, Service, or the Department
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of Health and Human Services during the period of detail or assignment: Provided further, That out of funds made available under
this heading for domestic HIV/AIDS testing, up to $30,000,000
shall be for States eligible under section 2625 of the Public Health
Service Act as of December 31, 2007 and shall be distributed by
May 31, 2008 based on standard criteria relating to a State’s
epidemiological profile, and of which not more than $1,000,000
may be made available to any one State, and any amounts that
have not been obligated by May 31, 2008 shall be used to make
grants authorized by other provisions of the Public Health Service
Act to States and local public health departments for HIV prevention activities.
NATIONAL INSTITUTES
OF
HEALTH
NATIONAL CANCER INSTITUTE
For carrying out section 301 and title IV of the Public Health
Service Act with respect to cancer, $4,890,525,000, of which up
to $8,000,000 may be used for facilities repairs and improvements
at the NCI-Frederick Federally Funded Research and Development
Center in Frederick, Maryland.
NATIONAL HEART, LUNG, AND BLOOD INSTITUTE
For carrying out section 301 and title IV of the Public Health
Service Act with respect to cardiovascular, lung, and blood diseases,
and blood and blood products, $2,974,900,000.
NATIONAL INSTITUTE OF DENTAL AND CRANIOFACIAL RESEARCH
For carrying out section 301 and title IV of the Public Health
Service Act with respect to dental disease, $396,632,000.
NATIONAL INSTITUTE OF DIABETES AND DIGESTIVE AND KIDNEY
DISEASES
For carrying out section 301 and title IV of the Public Health
Service Act with respect to diabetes and digestive and kidney disease, $1,736,199,000.
NATIONAL INSTITUTE OF NEUROLOGICAL DISORDERS AND STROKE
For carrying out section 301 and title IV of the Public Health
Service Act with respect to neurological disorders and stroke,
$1,571,353,000.
NATIONAL INSTITUTE OF ALLERGY AND INFECTIOUS DISEASES
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(INCLUDING
TRANSFER OF FUNDS)
For carrying out section 301 and title IV of the Public Health
Service Act with respect to allergy and infectious diseases,
$4,641,746,000: Provided, That $300,000,000 may be made available
to International Assistance Programs ‘‘Global Fund to Fight HIV/
AIDS, Malaria, and Tuberculosis’’, to remain available until
expended: Provided further, That such sums obligated in fiscal
years 2003 through 2007 for extramural facilities construction
projects are to remain available until expended for disbursement,
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with prior notification of such projects to the Committees on Appropriations of the House of Representatives and the Senate.
NATIONAL INSTITUTE OF GENERAL MEDICAL SCIENCES
For carrying out section 301 and title IV of the Public Health
Service Act with respect to general medical sciences, $1,970,228,000.
NATIONAL INSTITUTE OF CHILD HEALTH AND HUMAN DEVELOPMENT
For carrying out section 301 and title IV of the Public Health
Service Act with respect to child health and human development,
$1,277,017,000.
NATIONAL EYE INSTITUTE
For carrying out section 301 and title IV of the Public Health
Service Act with respect to eye diseases and visual disorders,
$678,978,000.
NATIONAL INSTITUTE OF ENVIRONMENTAL HEALTH SCIENCES
For carrying out sections 301 and 311 and title IV of the
Public Health Service Act with respect to environmental health
sciences, $653,673,000.
NATIONAL INSTITUTE ON AGING
For carrying out section 301 and title IV of the Public Health
Service Act with respect to aging, $1,065,881,000.
NATIONAL INSTITUTE OF ARTHRITIS AND MUSCULOSKELETAL AND SKIN
DISEASES
For carrying out section 301 and title IV of the Public Health
Service Act with respect to arthritis and musculoskeletal and skin
diseases, $517,629,000.
NATIONAL INSTITUTE ON DEAFNESS AND OTHER COMMUNICATION
DISORDERS
For carrying out section 301 and title IV of the Public Health
Service Act with respect to deafness and other communication disorders, $401,146,000.
NATIONAL INSTITUTE OF NURSING RESEARCH
For carrying out section 301 and title IV of the Public Health
Service Act with respect to nursing research, $139,920,000.
NATIONAL INSTITUTE ON ALCOHOL ABUSE AND ALCOHOLISM
For carrying out section 301 and title IV of the Public Health
Service Act with respect to alcohol abuse and alcoholism,
$444,016,000.
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NATIONAL INSTITUTE ON DRUG ABUSE
For carrying out section 301 and title IV of the Public Health
Service Act with respect to drug abuse, $1,018,493,000.
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NATIONAL INSTITUTE OF MENTAL HEALTH
For carrying out section 301 and title IV of the Public Health
Service Act with respect to mental health, $1,429,466,000.
NATIONAL HUMAN GENOME RESEARCH INSTITUTE
For carrying out section 301 and title IV of the Public Health
Service Act with respect to human genome research, $495,434,000.
NATIONAL INSTITUTE OF BIOMEDICAL IMAGING AND BIOENGINEERING
For carrying out section 301 and title IV of the Public Health
Service Act with respect to biomedical imaging and bioengineering
research, $303,955,000.
NATIONAL CENTER FOR RESEARCH RESOURCES
For carrying out section 301 and title IV of the Public Health
Service Act with respect to research resources and general research
support grants, $1,169,884,000.
NATIONAL CENTER FOR COMPLEMENTARY AND ALTERNATIVE
MEDICINE
For carrying out section 301 and title IV of the Public Health
Service Act with respect to complementary and alternative medicine, $123,739,000.
NATIONAL CENTER ON MINORITY HEALTH AND HEALTH DISPARITIES
For carrying out section 301 and title IV of the Public Health
Service Act with respect to minority health and health disparities
research, $203,117,000.
JOHN E. FOGARTY INTERNATIONAL CENTER
For carrying out the activities of the John E. Fogarty International Center (described in subpart 2 of part E of title IV of
the Public Health Service Act), $67,741,000.
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NATIONAL LIBRARY OF MEDICINE
For carrying out section 301 and title IV of the Public Health
Service Act with respect to health information communications,
$326,669,000, of which $4,000,000 shall be available until expended
for improvement of information systems: Provided, That in fiscal
year 2008, the National Library of Medicine may enter into personal
services contracts for the provision of services in facilities owned,
operated, or constructed under the jurisdiction of the National
Institutes of Health: Provided further, That in addition to amounts
provided herein, $8,200,000 shall be available from amounts available under section 241 of the Public Health Service Act to carry
out the purposes of the National Information Center on Health
Services Research and Health Care Technology established under
section 478A of the Public Health Service Act and related health
services.
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PUBLIC LAW 110–161—DEC. 26, 2007
OFFICE OF THE DIRECTOR
For carrying out the responsibilities of the Office of the Director,
National Institutes of Health, $1,128,819,000, of which up to
$25,000,000 shall be used to carry out section 215 of this Act:
Provided, That funding shall be available for the purchase of not
to exceed 29 passenger motor vehicles for replacement only: Provided further, That the National Institutes of Health is authorized
to collect third party payments for the cost of clinical services
that are incurred in National Institutes of Health research facilities
and that such payments shall be credited to the National Institutes
of Health Management Fund: Provided further, That all funds credited to such Fund shall remain available for one fiscal year after
the fiscal year in which they are deposited: Provided further, That
$112,872,000 shall be available for continuation of the National
Children’s Study: Provided further, That $504,420,000 shall be
available for the Common Fund established under section 402A(c)(1)
of the Public Health Service Act: Provided further, That of the
funds provided $10,000 shall be for official reception and representation expenses when specifically approved by the Director of the
National Institutes of Health: Provided further, That the Office
of AIDS Research within the Office of the Director of the National
Institutes of Health may spend up to $4,000,000 to make grants
for construction or renovation of facilities as provided for in section
2354(a)(5)(B) of the Public Health Service Act.
BUILDINGS AND FACILITIES
For the study of, construction of, renovation of, and acquisition
of equipment for, facilities of or used by the National Institutes
of Health, including the acquisition of real property, $121,081,000,
to remain available until expended.
SUBSTANCE ABUSE
AND
MENTAL HEALTH SERVICES ADMINISTRATION
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SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES
For carrying out titles V and XIX of the Public Health Service
Act (‘‘PHS Act’’) with respect to substance abuse and mental health
services, the Protection and Advocacy for Individuals with Mental
Illness Act, and section 301 of the PHS Act with respect to program
management, $3,291,543,000, of which $19,120,000 shall be available for the projects and in the amounts specified in the explanatory
statement described in section 4 (in the matter preceding division
A of this consolidated Act): Provided, That notwithstanding section
520A(f)(2) of the PHS Act, no funds appropriated for carrying out
section 520A are available for carrying out section 1971 of the
PHS Act: Provided further, That in addition to amounts provided
herein, the following amounts shall be available under section 241
of the PHS Act: (1) $79,200,000 to carry out subpart II of part
B of title XIX of the PHS Act to fund section 1935(b) technical
assistance, national data, data collection and evaluation activities,
and further that the total available under this Act for section
1935(b) activities shall not exceed 5 percent of the amounts appropriated for subpart II of part B of title XIX; (2) $21,413,000 to
carry out subpart I of part B of title XIX of the PHS Act to
fund section 1920(b) technical assistance, national data, data collection and evaluation activities, and further that the total available
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121 STAT. 2177
under this Act for section 1920(b) activities shall not exceed 5
percent of the amounts appropriated for subpart I of part B of
title XIX; (3) $17,750,000 to carry out national surveys on drug
abuse; and (4) $4,300,000 to evaluate substance abuse treatment
programs: Provided further, That section 520E(b)(2) of the Public
Health Service Act shall not apply to funds appropriated under
this Act for fiscal year 2008.
AGENCY
FOR
HEALTHCARE RESEARCH
AND
QUALITY
HEALTHCARE RESEARCH AND QUALITY
For carrying out titles III and IX of the Public Health Service
Act, and part A of title XI of the Social Security Act, amounts
received from Freedom of Information Act fees, reimbursable and
interagency agreements, and the sale of data shall be credited
to this appropriation and shall remain available until expended:
Provided, That the amount made available pursuant to section
937(c) of the Public Health Service Act shall not exceed
$334,564,000.
CENTERS
FOR
MEDICARE
AND
MEDICAID SERVICES
GRANTS TO STATES FOR MEDICAID
For carrying out, except as otherwise provided, titles XI and
XIX of the Social Security Act, $141,628,056,000, to remain available until expended.
For making, after May 31, 2008, payments to States under
title XIX of the Social Security Act for the last quarter of fiscal
year 2008 for unanticipated costs, incurred for the current fiscal
year, such sums as may be necessary.
For making payments to States or in the case of section 1928
on behalf of States under title XIX of the Social Security Act
for the first quarter of fiscal year 2009, $67,292,669,000, to remain
available until expended.
Payment under title XIX may be made for any quarter with
respect to a State plan or plan amendment in effect during such
quarter, if submitted in or prior to such quarter and approved
in that or any subsequent quarter.
PAYMENTS TO HEALTH CARE TRUST FUNDS
For payment to the Federal Hospital Insurance and the Federal
Supplementary Medical Insurance Trust Funds, as provided under
section 1844 and 1860D–16 of the Social Security Act, sections
103(c) and 111(d) of the Social Security Amendments of 1965,
section 278(d) of Public Law 97–248, and for administrative
expenses incurred pursuant to section 201(g) of the Social Security
Act, $188,445,000,000.
In addition, for making matching payments under section 1844,
and benefit payments under section 1860D–16 of the Social Security
Act, not anticipated in budget estimates, such sums as may be
necessary.
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PROGRAM MANAGEMENT
For carrying out, except as otherwise provided, titles XI, XVIII,
XIX, and XXI of the Social Security Act, titles XIII and XXVII
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PUBLIC LAW 110–161—DEC. 26, 2007
of the Public Health Service Act, and the Clinical Laboratory
Improvement Amendments of 1988, not to exceed $3,207,690,000,
to be transferred from the Federal Hospital Insurance and the
Federal Supplementary Medical Insurance Trust Funds, as authorized by section 201(g) of the Social Security Act; together with
all funds collected in accordance with section 353 of the Public
Health Service Act and section 1857(e)(2) of the Social Security
Act, funds retained by the Secretary pursuant to section 302 of
the Tax Relief and Health Care Act of 2006; and such sums as
may be collected from authorized user fees and the sale of data,
which shall remain available until expended: Provided, That all
funds derived in accordance with 31 U.S.C. 9701 from organizations
established under title XIII of the Public Health Service Act shall
be credited to and available for carrying out the purposes of this
appropriation: Provided further, That $45,000,000, to remain available until September 30, 2009, is for contract costs for the
Healthcare Integrated General Ledger Accounting System: Provided
further, That $193,000,000, to remain available until September
30, 2009, is for CMS Medicare contracting reform activities: Provided further, That funds appropriated under this heading are
available for the Healthy Start, Grow Smart program under which
the Centers for Medicare and Medicaid Services may, directly or
through grants, contracts, or cooperative agreements, produce and
distribute informational materials including, but not limited to,
pamphlets and brochures on infant and toddler health care to
expectant parents enrolled in the Medicaid program and to parents
and guardians enrolled in such program with infants and children:
Provided further, That the Secretary of Health and Human Services
is directed to collect fees in fiscal year 2008 from Medicare Advantage organizations pursuant to section 1857(e)(2) of the Social Security Act and from eligible organizations with risk-sharing contracts
under section 1876 of that Act pursuant to section 1876(k)(4)(D)
of that Act: Provided further, That $5,007,000 shall be available
for the projects and in the amounts specified in the explanatory
statement described in section 4 (in the matter preceding division
A of this consolidated Act).
ADMINISTRATION
FOR
CHILDREN
AND
FAMILIES
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PAYMENTS TO STATES FOR CHILD SUPPORT ENFORCEMENT AND
FAMILY SUPPORT PROGRAMS
For making payments to States or other non-Federal entities
under titles I, IV–D, X, XI, XIV, and XVI of the Social Security
Act and the Act of July 5, 1960 (24 U.S.C. chapter 9),
$2,949,713,000, to remain available until expended; and for such
purposes for the first quarter of fiscal year 2009, $1,000,000,000,
to remain available until expended.
For making payments to each State for carrying out the program of Aid to Families with Dependent Children under title IV–
A of the Social Security Act before the effective date of the program
of Temporary Assistance for Needy Families (TANF) with respect
to such State, such sums as may be necessary: Provided, That
the sum of the amounts available to a State with respect to expenditures under such title IV–A in fiscal year 1997 under this appropriation and under such title IV–A as amended by the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 shall
not exceed the limitations under section 116(b) of such Act.
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121 STAT. 2179
For making, after May 31 of the current fiscal year, payments
to States or other non-Federal entities under titles I, IV–D, X,
XI, XIV, and XVI of the Social Security Act and the Act of July
5, 1960 (24 U.S.C. chapter 9), for the last 3 months of the current
fiscal year for unanticipated costs, incurred for the current fiscal
year, such sums as may be necessary.
LOW-INCOME HOME ENERGY ASSISTANCE
For making payments under section 2604(a)–(d) of the LowIncome Home Energy Assistance Act of 1981 (42 U.S.C. 8623(a)–
(d)), $2,015,206,000.
For making payments under section 2604(e) of the Low-Income
Home Energy Assistance Act of 1981 (42 U.S.C. 8623(e)),
$596,379,000, notwithstanding the designation requirement of section 2602(e) of such Act: Provided, That of the amount provided
by this paragraph, $250,000,000 is designated as described in section 5 (in the matter preceding division A of this consolidated
Act).
REFUGEE AND ENTRANT ASSISTANCE
For necessary expenses for refugee and entrant assistance
activities and for costs associated with the care and placement
of unaccompanied alien children authorized by title IV of the
Immigration and Nationality Act and section 501 of the Refugee
Education Assistance Act of 1980, for carrying out section 462
of the Homeland Security Act of 2002, and for carrying out the
Torture Victims Relief Act of 1998, $667,288,000, of which up to
$9,988,000 shall be available to carry out the Trafficking Victims
Protection Act of 2000: Provided, That funds appropriated under
this heading pursuant to section 414(a) of the Immigration and
Nationality Act and section 462 of the Homeland Security Act
of 2002 for fiscal year 2008 shall be available for the costs of
assistance provided and other activities to remain available through
September 30, 2010.
PAYMENTS TO STATES FOR THE CHILD CARE AND DEVELOPMENT
BLOCK GRANT
For carrying out the Child Care and Development Block Grant
Act of 1990, $2,098,746,000 shall be used to supplement, not supplant State general revenue funds for child care assistance for
low-income families: Provided, That $18,777,370 shall be available
for child care resource and referral and school-aged child care
activities, of which $982,080 shall be for the Child Care Aware
toll-free hotline: Provided further, That, in addition to the amounts
required to be reserved by the States under section 658G,
$267,785,718 shall be reserved by the States for activities authorized under section 658G, of which $98,208,000 shall be for activities
that improve the quality of infant and toddler care: Provided further,
That $9,821,000 shall be for use by the Secretary for child care
research, demonstration, and evaluation activities.
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SOCIAL SERVICES BLOCK GRANT
For making grants to States pursuant to section 2002 of the
Social Security Act, $1,700,000,000: Provided, That notwithstanding
subparagraph (B) of section 404(d)(2) of such Act, the applicable
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PUBLIC LAW 110–161—DEC. 26, 2007
percent specified under such subparagraph for a State to carry
out State programs pursuant to title XX of such Act shall be
10 percent.
CHILDREN AND FAMILIES SERVICES PROGRAMS
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Procedures.
42 USC 9921
note.
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For carrying out, except as otherwise provided, the Runaway
and Homeless Youth Act, the Developmental Disabilities Assistance
and Bill of Rights Act, the Head Start Act, the Child Abuse Prevention and Treatment Act, sections 310 and 316 of the Family Violence
Prevention and Services Act, the Native American Programs Act
of 1974, title II of the Child Abuse Prevention and Treatment
and Adoption Reform Act of 1978 (adoption opportunities), sections
330F and 330G of the Public Health Service Act, the Abandoned
Infants Assistance Act of 1988, sections 261 and 291 of the Help
America Vote Act of 2002, part B(1) of title IV and sections 413,
1110, and 1115 of the Social Security Act; for making payments
under the Community Services Block Grant Act, sections 439(i),
473B, and 477(i) of the Social Security Act, and the Assets for
Independence Act, and for necessary administrative expenses to
carry out such Acts and titles I, IV, V, X, XI, XIV, XVI, and
XX of the Social Security Act, the Act of July 5, 1960 (24 U.S.C.
chapter 9), the Low-Income Home Energy Assistance Act of 1981,
title IV of the Immigration and Nationality Act, section 501 of
the Refugee Education Assistance Act of 1980, and section 505
of the Family Support Act of 1988, $9,129,990,000, of which
$4,400,000, to remain available until September 30, 2009, shall
be for grants to States for adoption incentive payments, as authorized by section 473A of the Social Security Act and may be made
for adoptions completed before September 30, 2008: Provided, That
$7,000,270,000 shall be for making payments under the Head Start
Act, of which $1,388,800,000 shall become available October 1,
2008, and remain available through September 30, 2009: Provided
further, That $705,451,000 shall be for making payments under
the Community Services Block Grant Act: Provided further, That
not less than $8,000,000 shall be for section 680(3)(B) of the Community Services Block Grant Act: Provided further, That in addition
to amounts provided herein, $6,000,000 shall be available from
amounts available under section 241 of the Public Health Service
Act to carry out the provisions of section 1110 of the Social Security
Act: Provided further, That to the extent Community Services Block
Grant funds are distributed as grant funds by a State to an eligible
entity as provided under the Act, and have not been expended
by such entity, they shall remain with such entity for carryover
into the next fiscal year for expenditure by such entity consistent
with program purposes: Provided further, That the Secretary of
Health and Human Services shall establish procedures regarding
the disposition of intangible property which permits grant funds,
or intangible assets acquired with funds authorized under section
680 of the Community Services Block Grant Act to become the
sole property of such grantees after a period of not more than
12 years after the end of the grant for purposes and uses consistent
with the original grant: Provided further, That funds appropriated
for section 680(a)(2) of the Community Services Block Grant Act
shall be available for financing construction and rehabilitation and
loans or investments in private business enterprises owned by
community development corporations: Provided further, That
$53,625,000 is for a compassion capital fund to provide grants
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121 STAT. 2181
to charitable organizations to emulate model social service programs
and to encourage research on the best practices of social service
organizations: Provided further, That $17,720,000 shall be for activities authorized by the Help America Vote Act of 2002, of which
$12,370,000 shall be for payments to States to promote access
for voters with disabilities, and of which $5,350,000 shall be for
payments to States for protection and advocacy systems for voters
with disabilities: Provided further, That $110,836,000 shall be for
making competitive grants to provide abstinence education (as
defined by section 510(b)(2) of the Social Security Act) to adolescents, and for Federal costs of administering the grant: Provided
further, That grants under the immediately preceding proviso shall
be made only to public and private entities which agree that,
with respect to an adolescent to whom the entities provide
abstinence education under such grant, the entities will not provide
to that adolescent any other education regarding sexual conduct,
except that, in the case of an entity expressly required by law
to provide health information or services the adolescent shall not
be precluded from seeking health information or services from the
entity in a different setting than the setting in which abstinence
education was provided: Provided further, That within amounts
provided herein for abstinence education for adolescents, up to
$10,000,000 may be available for a national abstinence education
campaign: Provided further, That in addition to amounts provided
herein for abstinence education for adolescents, $4,500,000 shall
be available from amounts available under section 241 of the Public
Health Service Act to carry out evaluations (including longitudinal
evaluations) of adolescent pregnancy prevention approaches: Provided further, That up to $2,000,000 shall be for improving the
Public Assistance Reporting Information System, including grants
to States to support data collection for a study of the system’s
effectiveness: Provided further, That $17,301,000 shall be available
for the projects and in the amounts specified in the explanatory
statement described in section 4 (in the matter preceding division
A of this consolidated Act).
Abstinence
education.
PROMOTING SAFE AND STABLE FAMILIES
For carrying out section 436 of the Social Security Act,
$345,000,000 and section 437, $64,437,000.
PAYMENTS TO STATES FOR FOSTER CARE AND ADOPTION ASSISTANCE
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For making payments to States or other non-Federal entities
under title IV–E of the Social Security Act, $5,067,000,000.
For making payments to States or other non-Federal entities
under title IV–E of the Act, for the first quarter of fiscal year
2009, $1,776,000,000.
For making, after May 31 of the current fiscal year, payments
to States or other non-Federal entities under section 474 of title
IV–E, for the last 3 months of the current fiscal year for unanticipated costs, incurred for the current fiscal year, such sums as
may be necessary.
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PUBLIC LAW 110–161—DEC. 26, 2007
ADMINISTRATION
ON
AGING
AGING SERVICES PROGRAMS
For carrying out, to the extent not otherwise provided, the
Older Americans Act of 1965 and section 398 of the Public Health
Service Act, $1,438,567,000, of which $5,500,000 shall be available
for activities regarding medication management, screening, and
education to prevent incorrect medication and adverse drug reactions: Provided, That $6,431,000 shall be available for the projects
and in the amounts specified in the explanatory statement described
in section 4 (in the matter preceding division A of this consolidated
Act).
OFFICE
OF THE
SECRETARY
GENERAL DEPARTMENTAL MANAGEMENT
(INCLUDING
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TRANSFER OF FUNDS)
For necessary expenses, not otherwise provided, for general
departmental management, including hire of six sedans, and for
carrying out titles III, XVII, XX, and XXI of the Public Health
Service Act, the United States-Mexico Border Health Commission
Act, and research studies under section 1110 of the Social Security
Act, $355,518,000, together with $5,792,000 to be transferred and
expended as authorized by section 201(g)(1) of the Social Security
Act from the Hospital Insurance Trust Fund and the Supplemental
Medical Insurance Trust Fund, and $46,756,000 from the amounts
available under section 241 of the Public Health Service Act to
carry out national health or human services research and evaluation
activities: Provided, That of the funds made available under this
heading for carrying out title XX of the Public Health Service
Act, $13,120,000 shall be for activities specified under section
2003(b)(2), all of which shall be for prevention service demonstration
grants under section 510(b)(2) of title V of the Social Security
Act, as amended, without application of the limitation of section
2010(c) of said title XX: Provided further, That of this amount,
$51,891,000 shall be for minority AIDS prevention and treatment
activities; and $5,892,000 shall be to assist Afghanistan in the
development of maternal and child health clinics, consistent with
section 103(a)(4)(H) of the Afghanistan Freedom Support Act of
2002; and $1,000,000 shall be transferred, not later than 30 days
after enactment of this Act, to the National Institute of Mental
Health to administer the Interagency Autism Coordinating Committee: Provided further, That specific information requests from
the chairmen and ranking members of the Subcommittees on Labor,
Health and Human Services, and Education, and Related Agencies,
on scientific research or any other matter, shall be transmitted
to the Committees on Appropriations in a prompt, professional
manner and within the time frame specified in the request: Provided
further, That scientific information, including such information provided in congressional testimony, requested by the Committees
on Appropriations and prepared by government researchers and
scientists shall be transmitted to the Committees on Appropriations,
uncensored and without delay: Provided further, That funds provided in this Act for embryo adoption activities may be used to
provide, to individuals adopting embryos, through grants and other
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121 STAT. 2183
mechanisms, medical and administrative services deemed necessary
for such adoptions: Provided further, That such services shall be
provided consistent with 42 CFR 59.5(a)(4): Provided further, That
$4,138,000 shall be available for the projects and in the amounts
specified in the explanatory statement described in section 4 (in
the matter preceding division A of this consolidated Act).
OFFICE OF MEDICARE HEARINGS AND APPEALS
For expenses necessary for administrative law judges responsible for hearing cases under title XVIII of the Social Security
Act (and related provisions of title XI of such Act), $65,000,000,
to be transferred in appropriate part from the Federal Hospital
Insurance and the Federal Supplementary Medical Insurance Trust
Funds.
OFFICE OF THE NATIONAL COORDINATOR FOR HEALTH INFORMATION
TECHNOLOGY
For expenses necessary for the Office of the National Coordinator for Health Information Technology, including grants, contracts and cooperative agreements for the development and advancement of an interoperable national health information technology
infrastructure, $42,402,000: Provided, That in addition to amounts
provided herein, $18,900,000 shall be available from amounts available under section 241 of the Public Health Service Act to carry
out health information technology network development.
OFFICE OF INSPECTOR GENERAL
For expenses necessary for the Office of Inspector General,
including the hire of passenger motor vehicles for investigations,
in carrying out the provisions of the Inspector General Act of
1978, $44,000,000: Provided, That of such amount, necessary sums
are available for providing protective services to the Secretary and
investigating non-payment of child support cases for which nonpayment is a Federal offense under 18 U.S.C. 228.
OFFICE FOR CIVIL RIGHTS
For expenses necessary for the Office for Civil Rights,
$31,628,000, together with not to exceed $3,281,000 to be transferred and expended as authorized by section 201(g)(1) of the Social
Security Act from the Hospital Insurance Trust Fund and the
Supplemental Medical Insurance Trust Fund.
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RETIREMENT PAY AND MEDICAL BENEFITS FOR COMMISSIONED
OFFICERS
For retirement pay and medical benefits of Public Health
Service Commissioned Officers as authorized by law, for payments
under the Retired Serviceman’s Family Protection Plan and Survivor Benefit Plan, for medical care of dependents and retired
personnel under the Dependents’ Medical Care Act (10 U.S.C.
chapter 55), such amounts as may be required during the current
fiscal year.
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PUBLIC LAW 110–161—DEC. 26, 2007
PUBLIC HEALTH AND SOCIAL SERVICES EMERGENCY FUND
For expenses necessary to support activities related to countering potential biological, disease, nuclear, radiological and chemical threats to civilian populations, and for other public health
emergencies, $666,087,000, of which not to exceed $21,804,000,
to remain available until September 30, 2009, is to pay the costs
described in section 319F–2(c)(7)(B) of the Public Health Service
Act, and of which $103,921,000 shall be used to support advanced
research and development of medical countermeasures, consistent
with section 319L of the Public Health Service Act.
For expenses necessary to prepare for and respond to an
influenza pandemic, $76,139,000.
GENERAL PROVISIONS
Government
employees.
Children and
youth.
AIDS.
SEC. 201. Funds appropriated in this title shall be available
for not to exceed $50,000 for official reception and representation
expenses when specifically approved by the Secretary of Health
and Human Services.
SEC. 202. The Secretary shall make available through assignment not more than 60 employees of the Public Health Service
to assist in child survival activities and to work in AIDS programs
through and with funds provided by the Agency for International
Development, the United Nations International Children’s Emergency Fund or the World Health Organization.
SEC. 203. None of the funds appropriated in this Act for the
National Institutes of Health, the Agency for Healthcare Research
and Quality, and the Substance Abuse and Mental Health Services
Administration shall be used to pay the salary of an individual,
through a grant or other extramural mechanism, at a rate in
excess of Executive Level I.
SEC. 204. None of the funds appropriated in this title for
Head Start shall be used to pay the compensation of an individual,
either as direct costs or any proration as an indirect cost, at a
rate in excess of Executive Level II.
SEC. 205. None of the funds appropriated in this Act may
be expended pursuant to section 241 of the Public Health Service
Act, except for funds specifically provided for in this Act, or for
other taps and assessments made by any office located in the
Department of Health and Human Services, prior to the preparation
and submission of a report by the Secretary of Health and Human
Services to the Committees on Appropriations of the House of
Representatives and the Senate detailing the planned uses of such
funds.
SEC. 206. Notwithstanding section 241(a) of the Public Health
Service Act, such portion as the Secretary of Health and Human
Services shall determine, but not more than 2.4 percent, of any
amounts appropriated for programs authorized under such Act shall
be made available for the evaluation (directly, or by grants or
contracts) of the implementation and effectiveness of such programs.
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(TRANSFER
OF FUNDS)
SEC. 207. Not to exceed 1 percent of any discretionary funds
(pursuant to the Balanced Budget and Emergency Deficit Control
Act of 1985) which are appropriated for the current fiscal year
for the Department of Health and Human Services in this Act
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PUBLIC LAW 110–161—DEC. 26, 2007
121 STAT. 2185
may be transferred between a program, project, or activity, but
no such program, project, or activity shall be increased by more
than 3 percent by any such transfer: Provided, That the transfer
authority granted by this section shall be available only to meet
emergency needs and shall not be used to create any new program
or to fund any project or activity for which no funds are provided
in this Act: Provided further, That the Committees on Appropriations of the House of Representatives and the Senate are notified
at least 15 days in advance of any transfer.
(TRANSFER
OF FUNDS)
SEC. 208. The Director of the National Institutes of Health,
jointly with the Director of the Office of AIDS Research, may
transfer up to 3 percent among institutes and centers from the
total amounts identified by these two Directors as funding for
research pertaining to the human immunodeficiency virus: Provided, That the Committees on Appropriations of the House of
Representatives and the Senate are notified at least 15 days in
advance of any transfer.
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(TRANSFER
Notification.
Deadline.
Notification.
Deadline.
OF FUNDS)
SEC. 209. Of the amounts made available in this Act for the
National Institutes of Health, the amount for research related to
the human immunodeficiency virus, as jointly determined by the
Director of the National Institutes of Health and the Director of
the Office of AIDS Research, shall be made available to the ‘‘Office
of AIDS Research’’ account. The Director of the Office of AIDS
Research shall transfer from such account amounts necessary to
carry out section 2353(d)(3) of the Public Health Service Act.
SEC. 210. None of the funds appropriated in this Act may
be made available to any entity under title X of the Public Health
Service Act unless the applicant for the award certifies to the
Secretary that it encourages family participation in the decision
of minors to seek family planning services and that it provides
counseling to minors on how to resist attempts to coerce minors
into engaging in sexual activities.
SEC. 211. Notwithstanding any other provision of law, no provider of services under title X of the Public Health Service Act
shall be exempt from any State law requiring notification or the
reporting of child abuse, child molestation, sexual abuse, rape,
or incest.
SEC. 212. None of the funds appropriated by this Act (including
funds appropriated to any trust fund) may be used to carry out
the Medicare Advantage program if the Secretary of Health and
Human Services denies participation in such program to an otherwise eligible entity (including a Provider Sponsored Organization)
because the entity informs the Secretary that it will not provide,
pay for, provide coverage of, or provide referrals for abortions:
Provided, That the Secretary shall make appropriate prospective
adjustments to the capitation payment to such an entity (based
on an actuarially sound estimate of the expected costs of providing
the service to such entity’s enrollees): Provided further, That nothing
in this section shall be construed to change the Medicare program’s
coverage for such services and a Medicare Advantage organization
described in this section shall be responsible for informing enrollees
where to obtain information about all Medicare covered services.
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Certification.
Deadline.
Tobacco and
tobacco products.
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Reports.
Deadline.
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PUBLIC LAW 110–161—DEC. 26, 2007
SEC. 213. (a) Except as provided by subsection (e) none of
the funds appropriated by this Act may be used to withhold substance abuse funding from a State pursuant to section 1926 of
the Public Health Service Act (42 U.S.C. 300x–26) if such State
certifies to the Secretary of Health and Human Services by May
1, 2008, that the State will commit additional State funds, in
accordance with subsection (b), to ensure compliance with State
laws prohibiting the sale of tobacco products to individuals under
18 years of age.
(b) The amount of funds to be committed by a State under
subsection (a) shall be equal to 1 percent of such State’s substance
abuse block grant allocation for each percentage point by which
the State misses the retailer compliance rate goal established by
the Secretary of Health and Human Services under section 1926
of such Act.
(c) The State is to maintain State expenditures in fiscal year
2008 for tobacco prevention programs and for compliance activities
at a level that is not less than the level of such expenditures
maintained by the State for fiscal year 2007, and adding to that
level the additional funds for tobacco compliance activities required
under subsection (a). The State is to submit a report to the Secretary
on all fiscal year 2007 State expenditures and all fiscal year 2008
obligations for tobacco prevention and compliance activities by program activity by July 31, 2008.
(d) The Secretary shall exercise discretion in enforcing the
timing of the State obligation of the additional funds required
by the certification described in subsection (a) as late as July
31, 2008.
(e) None of the funds appropriated by this Act may be used
to withhold substance abuse funding pursuant to section 1926 of
the Public Health Service Act from a territory that receives less
than $1,000,000.
SEC. 214. In order for the Centers for Disease Control and
Prevention to carry out international health activities, including
HIV/AIDS and other infectious disease, chronic and environmental
disease, and other health activities abroad during fiscal year 2008:
(1) The Secretary of Health and Human Services (in this
section referred to as the ‘‘Secretary of HHS’’) may exercise
authority equivalent to that available to the Secretary of State
in section 2(c) of the State Department Basic Authorities Act
of 1956 (22 U.S.C. 2669(c)). The Secretary of HHS shall consult
with the Secretary of State and relevant Chief of Mission to
ensure that the authority provided in this section is exercised
in a manner consistent with section 207 of the Foreign Service
Act of 1980 (22 U.S.C. 3927) and other applicable statutes
administered by the Department of State.
(2) The Secretary of HHS is authorized to provide such
funds by advance or reimbursement to the Secretary of State
as may be necessary to pay the costs of acquisition, lease,
alteration, renovation, and management of facilities outside
of the United States for the use of the Department of Health
and Human Services. The Department of State shall cooperate
fully with the Secretary of HHS to ensure that the Department
of Health and Human Services has secure, safe, functional
facilities that comply with applicable regulation governing location, setback, and other facilities requirements and serve the
purposes established by this Act. The Secretary of HHS is
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PUBLIC LAW 110–161—DEC. 26, 2007
121 STAT. 2187
authorized, in consultation with the Secretary of State, through
grant or cooperative agreement, to make available to public
or nonprofit private institutions or agencies in participating
foreign countries, funds to acquire, lease, alter, or renovate
facilities in those countries as necessary to conduct programs
of assistance for international health activities, including activities relating to HIV/AIDS and other infectious diseases, chronic
and environmental diseases, and other health activities abroad.
SEC. 215. (a) AUTHORITY.—Notwithstanding any other provision
of law, the Director of the National Institutes of Health (in this
section referred to as the ‘‘Director of NIH’’) may use funds available
under section 402(b)(7) or 402(b)(12) of the Public Health Service
Act to enter into transactions (other than contracts, cooperative
agreements, or grants) to carry out research identified pursuant
to such section 402(b)(7) (pertaining to the Common Fund) or
research and activities described in such section 402(b)(12).
(b) PEER REVIEW.—In entering into transactions under subsection (a), the Director of the NIH may utilize such peer review
procedures (including consultation with appropriate scientific
experts) as the Director determines to be appropriate to obtain
assessments of scientific and technical merit. Such procedures shall
apply to such transactions in lieu of the peer review and advisory
council review procedures that would otherwise be required under
sections 301(a)(3), 405(b)(1)(B), 405(b)(2), 406(a)(3)(A), 492, and 494
of the Public Health Service Act.
SEC. 216. Funds which are available for Individual Learning
Accounts for employees of the Centers for Disease Control and
Prevention (‘‘CDC’’) and the Agency for Toxic Substances and Disease Registry (‘‘ATSDR’’) may be transferred to ‘‘Disease Control,
Research, and Training’’, to be available only for Individual
Learning Accounts: Provided, That such funds may be used for
any individual full-time equivalent employee while such employee
is employed either by CDC or ATSDR.
SEC. 217. Notwithstanding any other provisions of law, funds
made available in this Act may be used to continue operating
the Council on Graduate Medical Education established by section
301 of Public Law 102–408.
SEC. 218. The Director of the National Institutes of Health
shall require that all investigators funded by the NIH submit or
have submitted for them to the National Library of Medicine’s
PubMed Central an electronic version of their final, peer-reviewed
manuscripts upon acceptance for publication, to be made publicly
available no later than 12 months after the official date of publication: Provided, That the NIH shall implement the public access
policy in a manner consistent with copyright law.
SEC. 219. (a) The Secretary of Health and Human Services
is authorized to award a grant to the Delta Health Alliance, a
nonprofit alliance of academic institutions in the Mississippi Delta
region that has as its primary purposes addressing longstanding,
unmet health needs and catalyzing economic development in the
Mississippi Delta.
(b) To be eligible to receive a grant under subsection (a), the
Delta Health Alliance shall solicit and fund proposals from local
governments, hospitals, health care clinics, academic institutions,
and rural public health-related entities and organizations for
research development, educational programs, health care services,
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Applicability.
42 USC 2940
note.
Public
information.
Deadline.
Grants.
Delta Health
Alliance.
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121 STAT. 2188
PUBLIC LAW 110–161—DEC. 26, 2007
job training, and planning, construction, and equipment of public
health-related facilities in the Mississippi Delta region.
(c) With respect to the use of grant funds under this section
for construction or major alteration of property, the Federal interest
in the property involved shall last for a period of 1 year following
the completion of the project or until such time that the Federal
Government is compensated for its proportionate interest in the
property if the property use changes or the property is transferred
or sold, whichever time period is less. At the conclusion of such
period, the Notice of Federal Interest in such property shall be
removed.
(d) There are authorized to be appropriated such sums as
may be necessary to carry out this section in fiscal year 2008
and in each of the five succeeding fiscal years.
SEC. 220. Not to exceed $35,000,000 of funds appropriated
by this Act to the institutes and centers of the National Institutes
of Health may be used for alteration, repair, or improvement of
facilities, as necessary for the proper and efficient conduct of the
activities authorized herein, at not to exceed $2,500,000 per project.
(TRANSFER
42 USC 3514a.
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Notification.
Deadline.
VerDate Aug 31 2005
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OF FUNDS)
SEC. 221. Of the amounts made available in this Act for the
National Institutes of Health, 1 percent of the amount made available for National Research Service Awards (NRSA) shall be made
available to the Administrator of the Health Resources and Services
Administration to make NRSA awards for research in primary
medical care to individuals affiliated with entities who have received
grants or contracts under section 747 of the Public Health Service
Act, and 1 percent of the amount made available for NRSA shall
be made available to the Director of the Agency for Healthcare
Research and Quality to make NRSA awards for health service
research.
SEC. 222. None of the funds made available in this Act may
be used—
(1) for the Ombudsman Program of the Centers for Disease
Control and Prevention; and
(2) by the Centers for Disease Control and Prevention
to provide additional rotating pastel lights, zero-gravity chairs,
or dry-heat saunas for its fitness center.
SEC. 223. There is hereby established in the Treasury of the
United States a fund to be known as the ‘‘Nonrecurring expenses
fund’’ (the Fund): Provided, That unobligated balances of expired
discretionary funds appropriated for this or any succeeding fiscal
year from the General Fund of the Treasury to the Department
of Health and Human Services by this or any other Act may
be transferred (not later than the end of the fifth fiscal year after
the last fiscal year for which such funds are available for the
purposes for which appropriated) into the Fund: Provided further,
That amounts deposited in the Fund shall be available until
expended, and in addition to such other funds as may be available
for such purposes, for capital acquisition necessary for the operation
of the Department, including facilities infrastructure and information technology infrastructure, subject to approval by the Office
of Management and Budget: Provided further, That amounts in
the Fund may be obligated only after the Committees on Appropriations of the House of Representatives and the Senate are notified
at least 15 days in advance of the planned use of funds.
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(RESCISSION
121 STAT. 2189
OF FUNDS)
SEC. 224. Of the funds available within the Health Professions
Student Loan program authorized in subpart II, Federally-Supported Student Loan Funds, of title VII of the Public Health Service
Act, $15,000,000 are rescinded.
SEC. 225. (a) CONTINUATION OF AVAILABILITY OF PERMITTED
NUMBER OF MEDICAL RESIDENCY POSITIONS UNDER THE MEDICARE
PROGRAM.—Section 1886(h)(4)(H) of the Social Security Act (42
U.S.C. 1395ww(h)(4)(H)) is amended by adding at the end the
following:
‘‘(v) SPECIAL PROVIDER AGREEMENT.—If an entity
enters into a provider agreement pursuant to section
1866(a) to provide hospital services on the same physical site previously used by Medicare Provider No.
05–0578—
‘‘(I) the limitation on the number of total full
time equivalent residents under subparagraph (F)
and clauses (v) and (vi)(I) of subsection (d)(5)(B)
applicable to such provider shall be equal to the
limitation applicable under such provisions to Provider No. 05–0578 for its cost reporting period
ending on June 30, 2006; and
‘‘(II) the provisions of subparagraph (G) and
subsection (d)(5)(B)(vi)(II) shall not be applicable
to such provider for the first three cost reporting
years in which such provider trains residents
under any approved medical residency training
program.’’.
(b) TECHNICAL CORRECTION OF SECTION 422 OF MMA.—
(1) IN GENERAL.—Section 1886(h)(7) of the Social Security
Act (42 U.S.C. 1395ww(h)(7)) is amended—
(A) by redesignating subparagraph (D) as subparagraph (E); and
(B) by inserting after subparagraph (C) the following
new subparagraph:
‘‘(D) ADJUSTMENT BASED ON SETTLED COST REPORT.—
In the case of a hospital with a dual accredited osteopathic
and allopathic family practice program for which—
‘‘(i) the otherwise applicable resident limit was
reduced under subparagraph (A)(i)(I); and
‘‘(ii) such reduction was based on a reference resident level that was determined using a cost report
and where a revised or corrected notice of program
reimbursement was issued for such cost report between
September 1, 2006 and September 15, 2006, whether
as a result of an appeal or otherwise, and the reference
resident level under such settled cost report is higher
than the level used for the reduction under subparagraph (A)(i)(I);
the Secretary shall apply subparagraph (A)(i)(I) using the
higher resident reference level and make any necessary
adjustments to such reduction. Any such necessary adjustments shall be effective for portions of cost reporting
periods occurring on or after July 1, 2005.’’.
(2) EFFECTIVE DATE.—Subject to paragraph (3), the amendments made by paragraph (1) shall take effect as if included
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Applicability.
42 USC 1395ww
note.
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PUBLIC LAW 110–161—DEC. 26, 2007
in the enactment of section 422 of the Medicare Prescription
Drug, Improvement, and Modernization Act of 2003 (Public
Law 108–173).
(c) OFFSETTING COSTS.—
(1) IN GENERAL.—The amount of funds available to the
Physician Assistance and Quality Initiative Fund for expenditures—
(A) under the first sentence of section 1848(l)(2)(A)
of the Social Security Act (42 U.S.C. 1395w–4(l)(2)(A)) is
reduced by $500,000; and
(B) under the first amount in the second sentence
of such section is reduced by $24,500,000.
(2) CONFORMING AMENDMENTS.—Section 1848(l)(2)(A) of the
Social Security Act (42 U.S.C. 1395w–4(l)(2)(A)) is amended—
(A) in the first sentence, by inserting after
‘‘$1,350,000,000’’ the following: ‘‘, as reduced by section
524 and section 225(c)(1)(A) of the Departments of Labor,
Health and Human Services, and Education, and Related
Agencies Appropriations Act, 2008 (division G of the
Consolidated Appropriations Act, 2008)’’; and
(B) in the second sentence, by inserting after
‘‘$325,000,000’’ the following: ‘‘, as reduced by section
225(c)(1)(B) of such Act,’’.
This title may be cited as the ‘‘Department of Health and
Human Services Appropriations Act, 2008’’.
TITLE III
Department of
Education
Appropriations
Act, 2008.
DEPARTMENT OF EDUCATION
EDUCATION
FOR THE
DISADVANTAGED
For carrying out title I of the Elementary and Secondary Education Act of 1965 (‘‘ESEA’’) and section 418A of the Higher Education Act of 1965, $15,755,083,000, of which $7,639,035,000 shall
become available on July 1, 2008, and shall remain available
through September 30, 2009, and of which $7,934,756,000 shall
become available on October 1, 2008, and shall remain available
through September 30, 2009, for academic year 2008–2009: Provided, That $6,835,271,000 shall be for basic grants under section
1124: Provided further, That up to $4,000,000 of these funds shall
be available to the Secretary of Education on October 1, 2007,
to obtain annually updated local educational-agency-level census
poverty data from the Bureau of the Census: Provided further,
That $1,365,031,000 shall be for concentration grants under section
1124A: Provided further, That $2,967,949,000 shall be for targeted
grants under section 1125: Provided further, That $2,967,949,000
shall be for education finance incentive grants under section 1125A:
Provided further, That $9,330,000 shall be to carry out sections
1501 and 1503: Provided further, That $1,634,000 shall be available
for a comprehensive school reform clearinghouse.
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IMPACT AID
For carrying out programs of financial assistance to federally
affected schools authorized by title VIII of the Elementary and
Secondary Education Act of 1965, $1,262,778,000, of which
$1,125,192,000 shall be for basic support payments under section
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PUBLIC LAW 110–161—DEC. 26, 2007
121 STAT. 2191
8003(b), $49,466,000 shall be for payments for children with disabilities under section 8003(d), $17,820,000 shall be for construction
under section 8007(b) and shall remain available through September 30, 2009, $65,350,000 shall be for Federal property payments under section 8002, and $4,950,000, to remain available
until expended, shall be for facilities maintenance under section
8008: Provided, That for purposes of computing the amount of
a payment for an eligible local educational agency under section
8003(a) for school year 2007–2008, children enrolled in a school
of such agency that would otherwise be eligible for payment under
section 8003(a)(1)(B) of such Act, but due to the deployment of
both parents or legal guardians, or a parent or legal guardian
having sole custody of such children, or due to the death of a
military parent or legal guardian while on active duty (so long
as such children reside on Federal property as described in section
8003(a)(1)(B)), are no longer eligible under such section, shall be
considered as eligible students under such section, provided such
students remain in average daily attendance at a school in the
same local educational agency they attended prior to their change
in eligibility status.
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SCHOOL IMPROVEMENT PROGRAMS
For carrying out school improvement activities authorized by
title II, part B of title IV, subparts 6 and 9 of part D of title
V, parts A and B of title VI, and parts B and C of title VII
of the Elementary and Secondary Education Act of 1965 (‘‘ESEA’’);
the McKinney-Vento Homeless Assistance Act; section 203 of the
Educational Technical Assistance Act of 2002; the Compact of Free
Association Amendments Act of 2003; and the Civil Rights Act
of 1964, $5,383,119,000, of which $3,763,355,000 shall become available on July 1, 2008, and remain available through September
30, 2009, and of which $1,435,000,000 shall become available on
October 1, 2008, and shall remain available through September
30, 2009, for academic year 2008–2009: Provided, That funds made
available to carry out part B of title VII of the ESEA may be
used for construction, renovation and modernization of any
elementary school, secondary school, or structure related to an
elementary school or secondary school, run by the Department
of Education of the State of Hawaii, that serves a predominantly
Native Hawaiian student body: Provided further, That from the
funds referred to in the preceding proviso, not less than $1,250,000
shall be for a grant to the Department of Education of the State
of Hawaii for the activities described in such proviso, and $1,250,000
shall be for a grant to the University of Hawaii School of Law
for a Center of Excellence in Native Hawaiian law: Provided further,
That funds made available to carry out part C of title VII of
the ESEA may be used for construction: Provided further, That
up to 100 percent of the funds available to a State educational
agency under part D of title II of the ESEA may be used for
subgrants described in section 2412(a)(2)(B) of such Act: Provided
further, That $58,129,000 shall be available to carry out section
203 of the Educational Technical Assistance Act of 2002: Provided
further, That $33,707,000 shall be available to carry out part D
of title V of the ESEA: Provided further, That no funds appropriated
under this heading may be used to carry out section 5494 under
the ESEA: Provided further, That $18,001,000 shall be available
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PUBLIC LAW 110–161—DEC. 26, 2007
to carry out the Supplemental Education Grants program for the
Federated States of Micronesia and the Republic of the Marshall
Islands: Provided further, That up to 5 percent of these amounts
may be reserved by the Federated States of Micronesia and the
Republic of the Marshall Islands to administer the Supplemental
Education Grants programs and to obtain technical assistance, oversight and consultancy services in the administration of these grants
and to reimburse the United States Departments of Labor, Health
and Human Services, and Education for such services: Provided
further, That $2,400,000 of the funds available for the Foreign
Language Assistance Program shall be available for 5-year grants
to local educational agencies that would work in partnership with
one or more institutions of higher education to establish or expand
articulated programs of study in languages critical to United States
national security that will enable successful students to advance
from elementary school through college to achieve a superior level
of proficiency in those languages.
INDIAN EDUCATION
For expenses necessary to carry out, to the extent not otherwise
provided, title VII, part A of the Elementary and Secondary Education Act of 1965, $121,690,000.
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INNOVATION
AND IMPROVEMENT
For carrying out activities authorized by part G of title I,
subpart 5 of part A and parts C and D of title II, parts B, C,
and D of title V, and section 1504 of the Elementary and Secondary
Education Act of 1965 (‘‘ESEA’’), $1,003,040,000: Provided, That
$9,821,000 shall be provided to the National Board for Professional
Teaching Standards to carry out section 2151(c) of the ESEA: Provided further, That from funds for subpart 4, part C of title II,
up to 3 percent shall be available to the Secretary for technical
assistance and dissemination of information: Provided further, That
$357,059,000 shall be available to carry out part D of title V
of the ESEA: Provided further, That $100,573,000 of the funds
for subpart 1, part D of title V of the ESEA shall be available
for the projects and in the amounts specified in the explanatory
statement described in section 4 (in the matter preceding division
A of this consolidated Act): Provided further, That $99,000,000
of the funds for subpart 1 shall be for competitive grants to local
educational agencies, including charter schools that are local educational agencies, or States, or partnerships of: (1) a local educational agency, a State, or both; and (2) at least one non-profit
organization to develop and implement performance-based teacher
and principal compensation systems in high-need schools: Provided
further, That such performance-based compensation systems must
consider gains in student academic achievement as well as classroom evaluations conducted multiple times during each school year
among other factors and provide educators with incentives to take
on additional responsibilities and leadership roles: Provided further,
That up to 5 percent of such funds for competitive grants shall
be available for technical assistance, training, peer review of
applications, program outreach and evaluation activities: Provided
further, That of the funds available for part B of title V, the
Secretary shall use up to $24,783,000 to carry out activities under
section 5205(b) and under subpart 2, and shall use not less than
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PUBLIC LAW 110–161—DEC. 26, 2007
121 STAT. 2193
$190,000,000 to carry out other activities authorized under subpart
1.
SAFE SCHOOLS
AND
CITIZENSHIP EDUCATION
For carrying out activities authorized by subpart 3 of part
C of title II, part A of title IV, and subparts 2, 3, and 10 of
part D of title V of the Elementary and Secondary Education
Act of 1965 (‘‘ESEA’’), $705,733,000, of which $300,000,000 shall
become available on July 1, 2008, and remain available through
September 30, 2009: Provided, That $300,000,000 shall be available
for subpart 1 of part A of title IV and $222,519,000 shall be
available for subpart 2 of part A of title IV, of which not less
than $1,500,000, to remain available until expended, shall be for
the Project School Emergency Response to Violence (‘‘Project SERV’’)
program to provide education-related services to local educational
agencies and to institutions of higher education in which the
learning environment has been disrupted due to a violent or traumatic crisis: Provided further, That Project SERV funds appropriated in previous fiscal years may be used to provide services
to local educational agencies and to institutions of higher education
in which the learning environment has been disrupted due to a
violent or traumatic crisis: Provided further, That $150,729,000
shall be available to carry out part D of title V of the ESEA:
Provided further, That of the funds available to carry out subpart
3 of part C of title II, up to $12,072,000 may be used to carry
out section 2345 and $2,950,000 shall be used by the Center for
Civic Education to implement a comprehensive program to improve
public knowledge, understanding, and support of the Congress and
the State legislatures.
ENGLISH LANGUAGE ACQUISITION
For carrying out part A of title III of the Elementary and
Secondary Education Act of 1965, $712,848,000, which shall become
available on July 1, 2008, and shall remain available through
September 30, 2009, except that 6.5 percent of such amount shall
be available on October 1, 2007, and shall remain available through
September 30, 2009, to carry out activities under section
3111(c)(1)(C).
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SPECIAL EDUCATION
For carrying out the Individuals with Disabilities Education
Act (‘‘IDEA’’) and the Special Olympics Sport and Empowerment
Act of 2004, $12,181,473,000, of which $5,084,406,000 shall become
available on July 1, 2008, and shall remain available through
September 30, 2009, and of which $6,856,444,000 shall become
available on October 1, 2008, and shall remain available through
September 30, 2009, for academic year 2008–2009: Provided, That
$13,000,000 shall be for Recording for the Blind and Dyslexic,
Inc., to support activities under section 674(c)(1)(D) of the IDEA:
Provided further, That $1,500,000 shall be for the recipient of
funds provided by Public Law 105–78 under section 687(b)(2)(G)
of the IDEA (as in effect prior to the enactment of the Individuals
with Disabilities Education Improvement Act of 2004) to provide
information on diagnosis, intervention, and teaching strategies for
children with disabilities: Provided further, That the amount for
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PUBLIC LAW 110–161—DEC. 26, 2007
section 611(b)(2) of the IDEA shall be equal to the lesser of the
amount available for that activity during fiscal year 2007, increased
by the amount of inflation as specified in section 619(d)(2)(B) of
the IDEA, or the percentage increase in the funds appropriated
under section 611(i) of the IDEA: Provided further, That nothing
in section 674(e) of the IDEA shall be construed to establish a
private right of action against the National Instructional Materials
Access Center for failure to perform the duties of such center
or otherwise authorize a private right of action related to the
performance of such center: Provided further, That $7,500,000 shall
be available to support the 2009 Special Olympics World Winter
Games.
REHABILITATION SERVICES
AND
DISABILITY RESEARCH
For carrying out, to the extent not otherwise provided, the
Rehabilitation Act of 1973, the Assistive Technology Act of 1998,
and the Helen Keller National Center Act, $3,283,929,000, of which
$1,000,000 shall be awarded to the American Academy of Orthotists
and Prosthetists for activities that further the purposes of the
grant received by the Academy for the period beginning October
1, 2003, including activities to meet the demand for orthotic and
prosthetic provider services and improve patient care: Provided,
That $3,155,000 of the funds for section 303 of the Rehabilitation
Act of 1973 shall be available for the projects and in the amounts
specified in the explanatory statement described in section 4 (in
the matter preceding division A of this consolidated Act).
SPECIAL INSTITUTIONS
FOR
PERSONS WITH DISABILITIES
AMERICAN PRINTING HOUSE FOR THE BLIND
For carrying out the Act of March 3, 1879, $22,000,000.
NATIONAL TECHNICAL INSTITUTE FOR THE DEAF
For the National Technical Institute for the Deaf under titles
I and II of the Education of the Deaf Act of 1986, $60,757,000,
of which $1,705,000 shall be for construction and shall remain
available until expended: Provided, That from the total amount
available, the Institute may at its discretion use funds for the
endowment program as authorized under section 207 of such Act.
GALLAUDET UNIVERSITY
For the Kendall Demonstration Elementary School, the Model
Secondary School for the Deaf, and the partial support of Gallaudet
University under titles I and II of the Education of the Deaf
Act of 1986, $115,400,000: Provided, That from the total amount
available, the University may at its discretion use funds for the
endowment program as authorized under section 207.
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CAREER, TECHNICAL,
AND
ADULT EDUCATION
For carrying out, to the extent not otherwise provided, the
Carl D. Perkins Career and Technical Education Act of 2006, the
Adult Education and Family Literacy Act, subpart 4 of part D
of title V of the Elementary and Secondary Education Act of 1965
(‘‘ESEA’’) and title VIII–D of the Higher Education Amendments
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121 STAT. 2195
of 1998, $1,976,166,000, of which $4,077,000 shall become available
on October 1, 2007 and remain available until September 30, 2009,
of which $1,181,089,000 shall become available on July 1, 2008,
and shall remain available through September 30, 2009, and of
which $791,000,000 shall become available on October 1, 2008,
and shall remain available through September 30, 2009: Provided,
That of the amount provided for Adult Education State Grants,
$67,896,000 shall be made available for integrated English literacy
and civics education services to immigrants and other limited
English proficient populations: Provided further, That of the amount
reserved for integrated English literacy and civics education, notwithstanding section 211 of the Adult Education and Family Literacy Act, 65 percent shall be allocated to States based on a State’s
absolute need as determined by calculating each State’s share of
a 10-year average of the United States Citizenship and Immigration
Services data for immigrants admitted for legal permanent residence for the 10 most recent years, and 35 percent allocated to
States that experienced growth as measured by the average of
the 3 most recent years for which United States Citizenship and
Immigration Services data for immigrants admitted for legal permanent residence are available, except that no State shall be allocated
an amount less than $60,000: Provided further, That of the amounts
made available for the Adult Education and Family Literacy Act,
$7,000,000 shall be for national leadership activities under section
243 and $6,583,000 shall be for the National Institute for Literacy
under section 242: Provided further, That $81,532,000 shall be
available to support the activities authorized under subpart 4 of
part D of title V of the ESEA, of which up to 5 percent shall
become available October 1, 2007, and shall remain available
through September 30, 2009, for evaluation, technical assistance,
school networks, peer review of applications, and program outreach
activities, and of which not less than 95 percent shall become
available on July 1, 2008, and remain available through September
30, 2009, for grants to local educational agencies: Provided further,
That funds made available to local educational agencies under
this subpart shall be used only for activities related to establishing
smaller learning communities within large high schools or small
high schools that provide alternatives for students enrolled in large
high schools.
STUDENT FINANCIAL ASSISTANCE
(INCLUDING
RESCISSION)
For carrying out subparts 1, 3, and 4 of part A, part C and
part E of title IV of the Higher Education Act of 1965,
$16,114,317,000, which shall remain available through September
30, 2009.
The maximum Pell Grant for which a student shall be eligible
during award year 2008–2009 shall be $4,241.
Of the unobligated funds available under section 401A(e)(1)(C)
of the Higher Education Act of 1965, $525,000,000 are rescinded.
20 USC 1070a
note.
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STUDENT AID ADMINISTRATION
For Federal administrative expenses to carry out part D of
title I, and subparts 1, 3, and 4 of part A, and parts B, C, D,
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PUBLIC LAW 110–161—DEC. 26, 2007
and E of title IV of the Higher Education Act of 1965, $708,216,000,
which shall remain available until expended.
HIGHER EDUCATION
For carrying out, to the extent not otherwise provided, titles
II, III, IV, V, VI, and VII of the Higher Education Act of 1965
(‘‘HEA’’), section 1543 of the Higher Education Amendments of
1992, the Mutual Educational and Cultural Exchange Act of 1961,
title VIII of the Higher Education Amendments of 1998, part I
of subtitle A of title VI of the America COMPETES Act, and
section 117 of the Carl D. Perkins Career and Technical Education
Act of 2006, $2,057,801,000: Provided, That $9,699,000, to remain
available through September 30, 2009, shall be available to fund
fellowships for academic year 2009–2010 under subpart 1 of part
A of title VII of the HEA, under the terms and conditions of
such subpart 1: Provided further, That $620,000 is for data collection
and evaluation activities for programs under the HEA, including
such activities needed to comply with the Government Performance
and Results Act of 1993: Provided further, That notwithstanding
any other provision of law, funds made available in this Act to
carry out title VI of the HEA and section 102(b)(6) of the Mutual
Educational and Cultural Exchange Act of 1961 may be used to
support visits and study in foreign countries by individuals who
are participating in advanced foreign language training and international studies in areas that are vital to United States national
security and who plan to apply their language skills and knowledge
of these countries in the fields of government, the professions,
or international development: Provided further, That of the funds
referred to in the preceding proviso up to 1 percent may be used
for program evaluation, national outreach, and information dissemination activities: Provided further, That the funds provided for
title II of the HEA shall be allocated notwithstanding section 210
of such Act: Provided further, That $100,668,000 of the funds for
part B of title VII of the Higher Education Act of 1965 shall
be available for the projects and in the amounts specified in the
explanatory statement described in section 4 (in the matter preceding division A of this consolidated Act).
HOWARD UNIVERSITY
For partial support of Howard University, $237,392,000, of
which not less than $3,526,000 shall be for a matching endowment
grant pursuant to the Howard University Endowment Act (Public
Law 98–480) and shall remain available until expended.
COLLEGE HOUSING
AND
ACADEMIC FACILITIES LOANS PROGRAM
For Federal administrative expenses to carry out activities
related to existing facility loans pursuant to section 121 of the
Higher Education Act of 1965, $481,000.
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HISTORICALLY BLACK COLLEGE AND UNIVERSITY CAPITAL
FINANCING PROGRAM ACCOUNT
For administrative expenses to carry out the Historically Black
College and University Capital Financing Program entered into
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121 STAT. 2197
pursuant to part D of title III of the Higher Education Act of
1965, $188,000.
INSTITUTE
OF
EDUCATION SCIENCES
For carrying out activities authorized by the Education Sciences
Reform Act of 2002, the National Assessment of Educational
Progress Authorization Act, section 208 of the Educational Technical
Assistance Act of 2002, and section 664 of the Individuals with
Disabilities Education Act, $555,815,000, of which $293,155,000
shall be available until September 30, 2009: Provided, That of
the amount available to carry out section 208 of the Educational
Technical Assistance Act, up to $5,000,000 may be used for State
data coordinators and for awards to entities, including entities
other than States, to improve data coordination.
DEPARTMENTAL MANAGEMENT
PROGRAM ADMINISTRATION
For carrying out, to the extent not otherwise provided, the
Department of Education Organization Act, including rental of conference rooms in the District of Columbia and hire of three passenger motor vehicles, $418,587,000, of which $2,100,000, to remain
available until expended, shall be for building alterations and
related expenses for the move of Department staff to the Mary
E. Switzer building in Washington, DC.
OFFICE FOR CIVIL RIGHTS
For expenses necessary for the Office for Civil Rights, as authorized by section 203 of the Department of Education Organization
Act, $91,205,000.
OFFICE OF THE INSPECTOR GENERAL
For expenses necessary for the Office of the Inspector General,
as authorized by section 212 of the Department of Education
Organization Act, $51,753,000.
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GENERAL PROVISIONS
SEC. 301. No funds appropriated in this Act may be used
for the transportation of students or teachers (or for the purchase
of equipment for such transportation) in order to overcome racial
imbalance in any school or school system, or for the transportation
of students or teachers (or for the purchase of equipment for such
transportation) in order to carry out a plan of racial desegregation
of any school or school system.
SEC. 302. None of the funds contained in this Act shall be
used to require, directly or indirectly, the transportation of any
student to a school other than the school which is nearest the
student’s home, except for a student requiring special education,
to the school offering such special education, in order to comply
with title VI of the Civil Rights Act of 1964. For the purpose
of this section an indirect requirement of transportation of students
includes the transportation of students to carry out a plan involving
the reorganization of the grade structure of schools, the pairing
of schools, or the clustering of schools, or any combination of grade
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Racial
desegregation.
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PUBLIC LAW 110–161—DEC. 26, 2007
restructuring, pairing or clustering. The prohibition described in
this section does not include the establishment of magnet schools.
SEC. 303. No funds appropriated in this Act may be used
to prevent the implementation of programs of voluntary prayer
and meditation in the public schools.
(TRANSFER
Notification.
Deadline.
Deadlines.
20 USC 3490.
Procedures.
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Reports.
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OF FUNDS)
SEC. 304. Not to exceed 1 percent of any discretionary funds
(pursuant to the Balanced Budget and Emergency Deficit Control
Act of 1985) which are appropriated for the Department of Education in this Act may be transferred between appropriations, but
no such appropriation shall be increased by more than 3 percent
by any such transfer: Provided, That the transfer authority granted
by this section shall be available only to meet emergency needs
and shall not be used to create any new program or to fund
any project or activity for which no funds are provided in this
Act: Provided further, That the Committees on Appropriations of
the House of Representatives and the Senate are notified at least
15 days in advance of any transfer.
SEC. 305. None of the funds made available in this Act may
be used to promulgate, implement, or enforce any revision to the
regulations in effect under section 496 of the Higher Education
Act of 1965 on June 1, 2007, until legislation specifically requiring
such revision is enacted.
SEC. 306. (a) MAINTENANCE OF INTEGRITY AND ETHICAL VALUES
WITHIN DEPARTMENT OF EDUCATION.—Within 60 days after the
enactment of this Act, the Secretary of Education shall implement
procedures—
(1) to assess whether a covered individual or entity has
a potential financial interest in, or impaired objectivity towards,
a product or service purchased with, or guaranteed or insured
by, funds administered by the Department of Education or
a contracted entity of the Department; and
(2) to disclose the existence of any such potential financial
interest or impaired objectivity.
(b) REVIEW BY INSPECTOR GENERAL.—
(1) Within 60 days after the implementation of the procedures described in subsection (a), the Inspector General of
the Department of Education shall report to the Committees
on Appropriations of the House of Representatives and the
Senate on the adequacy of such procedures.
(2) Within 1 year, the Inspector General shall conduct
at least 1 review to ensure that such procedures are properly
implemented and are effective to uncover and disclose the existence of potential financial interests or impaired objectivity
described in subsection (a).
(3) The Inspector General shall report to such Committees
any recommendations for modifications to such procedures that
the Inspector General determines are necessary to uncover
and disclose the existence of such potential financial interests
or impaired objectivity.
(c) DEFINITION.—For purposes of this section, the term ‘‘covered
individual or entity’’ means—
(1) an officer or professional employee of the Department
of Education;
(2) a contractor or subcontractor of the Department, or
an individual hired by the contracted entity;
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PUBLIC LAW 110–161—DEC. 26, 2007
121 STAT. 2199
(3) a member of a peer review panel of the Department;
or
(4) a consultant or advisor to the Department.
SEC. 307. (a) Notwithstanding section 8013(9)(B) of the
Elementary and Secondary Education Act of 1965, North Chicago
Community Unit School District 187, North Shore District 112,
and Township High School District 113 in Lake County, Illinois,
and Glenview Public School District 34 and Glenbrook High School
District 225 in Cook County, Illinois, shall be considered local
educational agencies as such term is used in and for purposes
of title VIII of such Act for fiscal years 2008 and 2009.
(b) Notwithstanding any other provision of law, federally connected children (as determined under section 8003(a) of the
Elementary and Secondary Education Act of 1965) who are in
attendance in the North Shore District 112, Township High School
District 113, Glenview Public School District 34, and Glenbrook
High School District 225 described in subsection (a), shall be considered to be in attendance in the North Chicago Community Unit
School District 187 described in subsection (a) for purposes of computing the amount that the North Chicago Community Unit School
District 187 is eligible to receive under subsection (b) or (d) of
such section for fiscal years 2008 and 2009 if—
(1) such school districts have entered into an agreement
for such students to be so considered and for the equitable
apportionment among all such school districts of any amount
received by the North Chicago Community Unit School District
187 under such section; and
(2) any amount apportioned among all such school districts
pursuant to paragraph (1) is used by such school districts
only for the direct provision of educational services.
SEC. 308. Prior to January 1, 2008, the Secretary of Education
may not terminate any voluntary flexible agreement under section
428A of the Higher Education Act of 1965 that existed on October
1, 2007. With respect to an entity with which the Secretary of
Education had a voluntary flexible agreement under section 428A
of the Higher Education Act of 1965 on October 1, 2007 that
is not cost neutral, if the Secretary terminates such agreement
on or after January 1, 2008, the Secretary of Education shall,
not later than March 31, 2008, negotiate to enter, and enter, into
a new voluntary flexible agreement with such entity so that the
agreement is cost neutral, unless such entity does not want to
enter into such agreement.
SEC. 309. Notwithstanding section 102(a)(4)(A) of the Higher
Education Act of 1965, the Secretary of Education shall not take
into account a bankruptcy petition filed in the United States Bankruptcy Court for the Northern District of New York on February
21, 2001, in determining whether a nonprofit educational institution
that is a subsidiary of an entity that filed such petition meets
the definition of an ‘‘institution of higher education’’ under section
102 of that Act.
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(RESCISSION
OF FUNDS)
SEC. 310. Of the unobligated balances available under the
Federal Direct Student Loan Program Administration authorized
by section 458 of the Higher Education Act and the Higher Education Reconciliation Act of 2005, $25,000,000 are rescinded.
SEC. 311. The Secretary of Education shall—
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121 STAT. 2200
PUBLIC LAW 110–161—DEC. 26, 2007
(1) deem each local educational agency that received a
fiscal year 2007 basic support payment for heavily impacted
local educational agencies under section 8003(b)(2) of the
Elementary and Secondary Education Act of 1965 (20 U.S.C.
7703(b)(2)) as eligible to receive a fiscal year 2008 basic support
payment for heavily impacted local educational agencies under
such section; and
(2) make a payment to such local educational agency under
such section for fiscal year 2008.
This title may be cited as the ‘‘Department of Education Appropriations Act, 2008’’.
TITLE IV
RELATED AGENCIES
COMMITTEE
FOR
PURCHASE FROM PEOPLE WHO ARE BLIND
SEVERELY DISABLED
OR
SALARIES AND EXPENSES
For expenses necessary of the Committee for Purchase From
People Who Are Blind or Severely Disabled established by Public
Law 92–28, $4,994,000.
CORPORATION
FOR
NATIONAL
AND
COMMUNITY SERVICE
OPERATING EXPENSES
(INCLUDING
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42 USC 12601a.
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TRANSFER OF FUNDS)
For necessary expenses for the Corporation for National and
Community Service to carry out the Domestic Volunteer Service
Act of 1973 (‘‘1973 Act’’) and the National and Community Service
Act of 1990 (‘‘1990 Act’’), $796,662,000, of which $313,054,000 is
to carry out the 1973 Act and $483,608,000 is to carry out the
1990 Act: Provided, That $24,205,000 of the amount provided under
this heading shall remain available until September 30, 2009 to
carry out subtitle E of the 1990 Act: Provided further, That up
to 1 percent of program grant funds may be used to defray the
costs of conducting grant application reviews, including the use
of outside peer reviewers and electronic management of the grants
cycle: Provided further, That none of the funds made available
under this heading for activities authorized by section 122 and
part E of title II of the 1973 Act shall be used to provide stipends
or other monetary incentives to program participants or volunteer
leaders whose incomes exceed the income guidelines in subsections
211(e) and 213(b) of the 1973 Act: Provided further, That notwithstanding subtitle H of title I of the 1990 Act, none of the funds
provided for quality and innovation activities shall be used to support salaries and related expenses (including travel) attributable
to Corporation for National and Community Service employees:
Provided further, That, for fiscal year 2008 and thereafter, in addition to amounts otherwise provided to the National Service Trust
under this heading, at no later than the end of the fifth fiscal
year after the fiscal year for which funds are appropriated or
otherwise made available, unobligated balances of appropriations
available for grants under the National Service Trust Program
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121 STAT. 2201
under subtitle C of title I of the 1990 Act during such fiscal
year may be transferred to the National Service Trust after notice
is transmitted to Congress, if such funds are initially obligated
before the expiration of their period of availability as provided
in this Act: Provided further, That of the amounts provided under
this heading: (1) not less than $124,718,000, to remain available
until expended, to be transferred to the National Service Trust
for educational awards authorized under subtitle D of title I of
the 1990 Act: Provided further, That in addition to these funds,
the Corporation may transfer funds from the amount provided
for AmeriCorps grants under the National Service Trust Program,
to the National Service Trust authorized under subtitle D of title
I of the 1990 Act, upon determination that such transfer is necessary to support the activities of national service participants
and after notice is transmitted to the Congress; (2) not more than
$55,000,000 of funding provided for grants under the National
Service Trust program authorized under subtitle C of title I of
the 1990 Act may be used to administer, reimburse, or support
any national service program authorized under section 129(d)(2)
of such Act; (3) $12,000,000 shall be to provide assistance to State
commissions on national and community service, under section
126(a) of the 1990 Act and notwithstanding section 501(a)(4) of
the 1990 Act; and (4) not less than $5,000,000 shall be for the
acquisition, renovation, equipping and startup costs for a campus
located in Vinton, Iowa and a campus in Vicksburg, Mississippi
to carry out subtitle E of title I of the 1990 Act.
SALARIES AND EXPENSES
For necessary expenses of administration as provided under
section 501(a)(4) of the National and Community Service Act of
1990 and under section 504(a) of the Domestic Volunteer Service
Act of 1973, including payment of salaries, authorized travel, hire
of passenger motor vehicles, the rental of conference rooms in
the District of Columbia, the employment of experts and consultants
authorized under 5 U.S.C. 3109, and not to exceed $2,500 for
official reception and representation expenses, $68,964,000.
OFFICE OF INSPECTOR GENERAL
For necessary expenses of the Office of Inspector General in
carrying out the Inspector General Act of 1978, $5,932,000.
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ADMINISTRATIVE PROVISIONS
SEC. 401. Notwithstanding any other provision of law, the
term ‘‘qualified student loan’’ with respect to national service education awards shall mean any loan determined by an institution
of higher education to be necessary to cover a student’s cost of
attendance at such institution and made, insured, or guaranteed
directly to a student by a State agency, in addition to other
meanings under section 148(b)(7) of the National and Community
Service Act.
SEC. 402. Notwithstanding any other provision of law, funds
made available under section 129(d)(5)(B) of the National and
Community Service Act of 1990 to assist entities in placing
applicants who are individuals with disabilities may be provided
to any entity that receives a grant under section 121 of the Act.
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Notice.
PUBLIC LAW 110–161—DEC. 26, 2007
SEC. 403. The Corporation for National and Community Service
shall make any significant changes to program requirements,
service delivery or policy only through public notice and comment
rulemaking. For fiscal year 2008, during any grant selection process,
an officer or employee of the Corporation shall not knowingly disclose any covered grant selection information regarding such selection, directly or indirectly, to any person other than an officer
or employee of the Corporation that is authorized by the Corporation
to receive such information.
SEC. 404. Professional Corps programs described in section
122(a)(8) of the National and Community Service Act of 1990 may
apply to the Corporation for a waiver of application of section
140(c)(2).
SEC. 405. Notwithstanding section 1342 of title 31, United
States Code, the Corporation may solicit and accept the services
of organizations and individuals (other than participants) to assist
the Corporation in carrying out the duties of the Corporation under
the national service laws: Provided, That an individual who provides
services under this section shall be subject to the same protections
and limitations as volunteers under section 196(a) of the National
and Community Service Act of 1990.
SEC. 406. Organizations operating projects under the
AmeriCorps Education Awards Program shall do so without regard
to the requirements of sections 121(d) and (e), 131(e), 132, and
140(a), (d), and (e) of the National and Community Service Act
of 1990.
SEC. 407. AmeriCorps programs receiving grants under the
National Service Trust program shall meet an overall minimum
share requirement of 24 percent for the first three years that
they receive AmeriCorps funding, and thereafter shall meet the
overall minimum share requirement as provided in section 2521.60
of title 45, Code of Federal Regulations, without regard to the
operating costs match requirement in section 121(e) or the member
support Federal share limitations in section 140 of the National
and Community Service Act of 1990, and subject to partial waiver
consistent with section 2521.70 of title 45, Code of Federal Regulations.
SEC. 408. Notwithstanding any other provision of law, formulabased grants to States and territories under section 129(a)(1)–
(2) of the 1990 Act to operate AmeriCorps programs may be made
if the application describes proposed positions into which participants will be placed, the proposed minimum qualifications of such
participants, and an assurance that the State will select national
service programs for subgrants on a competitive basis, and an
assurance that the aforementioned information will be provided
for each subgrant awarded prior to the execution of such subgrants.
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CORPORATION
FOR
PUBLIC BROADCASTING
For payment to the Corporation for Public Broadcasting, as
authorized by the Communications Act of 1934, an amount which
shall be available within limitations specified by that Act, for the
fiscal year 2010, $420,000,000: Provided, That no funds made available to the Corporation for Public Broadcasting by this Act shall
be used to pay for receptions, parties, or similar forms of entertainment for Government officials or employees: Provided further, That
none of the funds contained in this paragraph shall be available
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PUBLIC LAW 110–161—DEC. 26, 2007
121 STAT. 2203
or used to aid or support any program or activity from which
any person is excluded, or is denied benefits, or is discriminated
against, on the basis of race, color, national origin, religion, or
sex: Provided further, That no funds made available to the Corporation for Public Broadcasting by this Act shall be used to apply
any political test or qualification in selecting, appointing, promoting,
or taking any other personnel action with respect to officers, agents,
and employees of the Corporation: Provided further, That for fiscal
year 2008, in addition to the amounts provided above, $29,700,000
shall be for costs related to digital program production, development, and distribution, associated with the transition of public
broadcasting to digital broadcasting, to be awarded as determined
by the Corporation in consultation with public radio and television
licensees or permittees, or their designated representatives: Provided further, That for fiscal year 2008, in addition to the amounts
provided above, $26,750,000 is available pursuant to section
396(k)(10) of the Communications Act of 1934 for replacement and
upgrade of the public radio interconnection system: Provided further, That none of the funds made available to the Corporation
for Public Broadcasting by this Act, the Continuing Appropriations
Resolution, 2007 (Public Law 110–5), or the Departments of Labor,
Health and Human Services, and Education, and Related Agencies
Appropriations Act, 2006 (Public Law 109–149), shall be used to
support the Television Future Fund or any similar purpose.
FEDERAL MEDIATION
AND
CONCILIATION SERVICE
SALARIES AND EXPENSES
For expenses necessary for the Federal Mediation and Conciliation Service to carry out the functions vested in it by the Labor
Management Relations Act, 1947, including hire of passenger motor
vehicles; for expenses necessary for the Labor-Management
Cooperation Act of 1978; and for expenses necessary for the Service
to carry out the functions vested in it by the Civil Service Reform
Act, Public Law 95–454, $43,800,000: Provided, That notwithstanding 31 U.S.C. 3302, fees charged, up to full-cost recovery,
for special training activities and other conflict resolution services
and technical assistance, including those provided to foreign governments and international organizations, and for arbitration services
shall be credited to and merged with this account, and shall remain
available until expended: Provided further, That fees for arbitration
services shall be available only for education, training, and professional development of the agency workforce: Provided further, That
the Director of the Service is authorized to accept and use on
behalf of the United States gifts of services and real, personal,
or other property in the aid of any projects or functions within
the Director’s jurisdiction.
FEDERAL MINE SAFETY
AND
HEALTH REVIEW COMMISSION
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SALARIES AND EXPENSES
For expenses necessary for the Federal Mine Safety and Health
Review Commission, $8,096,000.
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PUBLIC LAW 110–161—DEC. 26, 2007
INSTITUTE
OF
MUSEUM
AND
LIBRARY SERVICES
OFFICE OF MUSEUM AND LIBRARY SERVICES: GRANTS AND
ADMINISTRATION
For carrying out the Museum and Library Services Act of
1996 and the National Museum of African American History and
Culture Act, $268,193,000, of which $18,610,000 shall be available
for library, museum and related projects and in the amounts specified in the explanatory statement described in section 4 (in the
matter preceding division A of this consolidated Act): Provided,
That funds may be made available for support through inter-agency
agreement or grant to commemorative Federal commissions that
support museum and library activities, in partnership with libraries
and museums that are eligible for funding under programs carried
out by the Institute of Museum and Library Services.
MEDICARE PAYMENT ADVISORY COMMISSION
SALARIES AND EXPENSES
For expenses necessary to carry out section 1805 of the Social
Security Act, $10,748,000, to be transferred to this appropriation
from the Federal Hospital Insurance and the Federal Supplementary Medical Insurance Trust Funds.
NATIONAL COMMISSION
ON
LIBRARIES
AND INFORMATION
SCIENCE
SALARIES AND EXPENSES
For close out activities of the National Commission on Libraries
and Information Science, established by the Act of July 20, 1970
(Public Law 91–345, as amended), $400,000.
NATIONAL COUNCIL
ON
DISABILITY
SALARIES AND EXPENSES
For expenses necessary for the National Council on Disability
as authorized by title IV of the Rehabilitation Act of 1973,
$3,113,000.
NATIONAL LABOR RELATIONS BOARD
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SALARIES AND EXPENSES
For expenses necessary for the National Labor Relations Board
to carry out the functions vested in it by the Labor-Management
Relations Act, 1947, and other laws, $256,238,000: Provided, That
no part of this appropriation shall be available to organize or
assist in organizing agricultural laborers or used in connection
with investigations, hearings, directives, or orders concerning bargaining units composed of agricultural laborers as referred to in
section 2(3) of the Act of July 5, 1935, and as amended by the
Labor-Management Relations Act, 1947, and as defined in section
3(f) of the Act of June 25, 1938, and including in said definition
employees engaged in the maintenance and operation of ditches,
canals, reservoirs, and waterways when maintained or operated
on a mutual, nonprofit basis and at least 95 percent of the water
stored or supplied thereby is used for farming purposes.
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121 STAT. 2205
NATIONAL MEDIATION BOARD
SALARIES AND EXPENSES
For expenses necessary to carry out the provisions of the Railway Labor Act, including emergency boards appointed by the President, $12,911,000.
OCCUPATIONAL SAFETY
AND
HEALTH REVIEW COMMISSION
SALARIES AND EXPENSES
For expenses necessary for the Occupational Safety and Health
Review Commission, $10,696,000.
RAILROAD RETIREMENT BOARD
DUAL BENEFITS PAYMENTS ACCOUNT
For payment to the Dual Benefits Payments Account, authorized under section 15(d) of the Railroad Retirement Act of 1974,
$79,000,000, which shall include amounts becoming available in
fiscal year 2008 pursuant to section 224(c)(1)(B) of Public Law
98–76; and in addition, an amount, not to exceed 2 percent of
the amount provided herein, shall be available proportional to the
amount by which the product of recipients and the average benefit
received exceeds the amount available for payment of vested dual
benefits: Provided, That the total amount provided herein shall
be credited in 12 approximately equal amounts on the first day
of each month in the fiscal year.
FEDERAL PAYMENTS TO THE RAILROAD RETIREMENT ACCOUNTS
For payment to the accounts established in the Treasury for
the payment of benefits under the Railroad Retirement Act for
interest earned on unnegotiated checks, $150,000, to remain available through September 30, 2009, which shall be the maximum
amount available for payment pursuant to section 417 of Public
Law 98–76.
LIMITATION ON ADMINISTRATION
For necessary expenses for the Railroad Retirement Board for
administration of the Railroad Retirement Act and the Railroad
Unemployment Insurance Act, $103,694,000, to be derived in such
amounts as determined by the Board from the railroad retirement
accounts and from moneys credited to the railroad unemployment
insurance administration fund.
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LIMITATION ON THE OFFICE OF INSPECTOR GENERAL
For expenses necessary for the Office of Inspector General
for audit, investigatory and review activities, as authorized by the
Inspector General Act of 1978, not more than $7,173,000, to be
derived from the railroad retirement accounts and railroad
unemployment insurance account: Provided, That none of the funds
made available in any other paragraph of this Act may be transferred to the Office; used to carry out any such transfer; used
to provide any office space, equipment, office supplies, communications facilities or services, maintenance services, or administrative
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45 USC 231f
note.
PUBLIC LAW 110–161—DEC. 26, 2007
services for the Office; used to pay any salary, benefit, or award
for any personnel of the Office; used to pay any other operating
expense of the Office; or used to reimburse the Office for any
service provided, or expense incurred, by the Office: Provided further, That funds made available under the heading in this Act,
or subsequent Departments of Labor, Health and Human Services,
and Education, and Related Agencies Appropriations Acts, may
be used for any audit, investigation, or review of the Medicare
Program.
SOCIAL SECURITY ADMINISTRATION
PAYMENTS TO SOCIAL SECURITY TRUST FUNDS
For payment to the Federal Old-Age and Survivors Insurance
Trust Fund and the Federal Disability Insurance Trust Fund, as
provided under sections 201(m), 217(g), 228(g), and 1131(b)(2) of
the Social Security Act, $28,140,000.
SUPPLEMENTAL SECURITY INCOME PROGRAM
For carrying out titles XI and XVI of the Social Security Act,
section 401 of Public Law 92–603, section 212 of Public Law 93–
66, as amended, and section 405 of Public Law 95–216, including
payment to the Social Security trust funds for administrative
expenses incurred pursuant to section 201(g)(1) of the Social Security Act, $27,000,191,000, to remain available until expended: Provided, That any portion of the funds provided to a State in the
current fiscal year and not obligated by the State during that
year shall be returned to the Treasury.
For making, after June 15 of the current fiscal year, benefit
payments to individuals under title XVI of the Social Security
Act, for unanticipated costs incurred for the current fiscal year,
such sums as may be necessary.
For making benefit payments under title XVI of the Social
Security Act for the first quarter of fiscal year 2009,
$14,800,000,000, to remain available until expended.
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LIMITATION ON ADMINISTRATIVE EXPENSES
For necessary expenses, including the hire of two passenger
motor vehicles, and not to exceed $15,000 for official reception
and representation expenses, not more than $9,781,842,000 may
be expended, as authorized by section 201(g)(1) of the Social Security Act, from any one or all of the trust funds referred to therein:
Provided, That not less than $2,000,000 shall be for the Social
Security Advisory Board: Provided further, That unobligated balances of funds provided under this paragraph at the end of fiscal
year 2008 not needed for fiscal year 2008 shall remain available
until expended to invest in the Social Security Administration
information technology and telecommunications hardware and software infrastructure, including related equipment and non-payroll
administrative expenses associated solely with this information
technology and telecommunications infrastructure: Provided further,
That reimbursement to the trust funds under this heading for
expenditures for official time for employees of the Social Security
Administration pursuant to section 7131 of title 5, United States
Code, and for facilities or support services for labor organizations
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121 STAT. 2207
pursuant to policies, regulations, or procedures referred to in section
7135(b) of such title shall be made by the Secretary of the Treasury,
with interest, from amounts in the general fund not otherwise
appropriated, as soon as possible after such expenditures are made.
In addition, $135,000,000 to be derived from administration
fees in excess of $5.00 per supplementary payment collected pursuant to section 1616(d) of the Social Security Act or section 212(b)(3)
of Public Law 93–66, which shall remain available until expended.
To the extent that the amounts collected pursuant to such sections
in fiscal year 2008 exceed $135,000,000, the amounts shall be
available in fiscal year 2009 only to the extent provided in advance
in appropriations Acts.
In addition, up to $1,000,000 to be derived from fees collected
pursuant to section 303(c) of the Social Security Protection Act
(Public Law 108–203), which shall remain available until expended.
OFFICE OF INSPECTOR GENERAL
(INCLUDING
TRANSFER OF FUNDS)
For expenses necessary for the Office of Inspector General
in carrying out the provisions of the Inspector General Act of
1978, $26,451,000, together with not to exceed $67,098,000, to be
transferred and expended as authorized by section 201(g)(1) of
the Social Security Act from the Federal Old-Age and Survivors
Insurance Trust Fund and the Federal Disability Insurance Trust
Fund.
In addition, an amount not to exceed 3 percent of the total
provided in this appropriation may be transferred from the ‘‘Limitation on Administrative Expenses’’, Social Security Administration,
to be merged with this account, to be available for the time and
purposes for which this account is available: Provided, That notice
of such transfers shall be transmitted promptly to the Committees
on Appropriations of the House of Representatives and the Senate.
Notification.
TITLE V
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GENERAL PROVISIONS
SEC. 501. The Secretaries of Labor, Health and Human Services, and Education are authorized to transfer unexpended balances
of prior appropriations to accounts corresponding to current appropriations provided in this Act. Such transferred balances shall
be used for the same purpose, and for the same periods of time,
for which they were originally appropriated.
SEC. 502. No part of any appropriation contained in this Act
shall remain available for obligation beyond the current fiscal year
unless expressly so provided herein.
SEC. 503. (a) No part of any appropriation contained in this
Act shall be used, other than for normal and recognized executivelegislative relationships, for publicity or propaganda purposes, for
the preparation, distribution, or use of any kit, pamphlet, booklet,
publication, radio, television, or video presentation designed to support or defeat legislation pending before the Congress or any State
legislature, except in presentation to the Congress or any State
legislature itself.
(b) No part of any appropriation contained in this Act shall
be used to pay the salary or expenses of any grant or contract
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Needle exchange.
Abortion.
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recipient, or agent acting for such recipient, related to any activity
designed to influence legislation or appropriations pending before
the Congress or any State legislature.
SEC. 504. The Secretaries of Labor and Education are authorized to make available not to exceed $28,000 and $20,000, respectively, from funds available for salaries and expenses under titles
I and III, respectively, for official reception and representation
expenses; the Director of the Federal Mediation and Conciliation
Service is authorized to make available for official reception and
representation expenses not to exceed $5,000 from the funds available for ‘‘Federal Mediation and Conciliation Service, Salaries and
expenses’’; and the Chairman of the National Mediation Board
is authorized to make available for official reception and representation expenses not to exceed $5,000 from funds available for
‘‘National Mediation Board, Salaries and expenses’’.
SEC. 505. Notwithstanding any other provision of this Act,
no funds appropriated in this Act shall be used to carry out any
program of distributing sterile needles or syringes for the hypodermic injection of any illegal drug.
SEC. 506. When issuing statements, press releases, requests
for proposals, bid solicitations and other documents describing
projects or programs funded in whole or in part with Federal
money, all grantees receiving Federal funds included in this Act,
including but not limited to State and local governments and recipients of Federal research grants, shall clearly state—
(1) the percentage of the total costs of the program or
project which will be financed with Federal money;
(2) the dollar amount of Federal funds for the project
or program; and
(3) percentage and dollar amount of the total costs of the
project or program that will be financed by non-governmental
sources.
SEC. 507. (a) None of the funds appropriated in this Act, and
none of the funds in any trust fund to which funds are appropriated
in this Act, shall be expended for any abortion.
(b) None of the funds appropriated in this Act, and none of
the funds in any trust fund to which funds are appropriated in
this Act, shall be expended for health benefits coverage that includes
coverage of abortion.
(c) The term ‘‘health benefits coverage’’ means the package
of services covered by a managed care provider or organization
pursuant to a contract or other arrangement.
SEC. 508. (a) The limitations established in the preceding section shall not apply to an abortion—
(1) if the pregnancy is the result of an act of rape or
incest; or
(2) in the case where a woman suffers from a physical
disorder, physical injury, or physical illness, including a lifeendangering physical condition caused by or arising from the
pregnancy itself, that would, as certified by a physician, place
the woman in danger of death unless an abortion is performed.
(b) Nothing in the preceding section shall be construed as
prohibiting the expenditure by a State, locality, entity, or private
person of State, local, or private funds (other than a State’s or
locality’s contribution of Medicaid matching funds).
(c) Nothing in the preceding section shall be construed as
restricting the ability of any managed care provider from offering
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121 STAT. 2209
abortion coverage or the ability of a State or locality to contract
separately with such a provider for such coverage with State funds
(other than a State’s or locality’s contribution of Medicaid matching
funds).
(d)(1) None of the funds made available in this Act may be
made available to a Federal agency or program, or to a State
or local government, if such agency, program, or government subjects any institutional or individual health care entity to discrimination on the basis that the health care entity does not provide,
pay for, provide coverage of, or refer for abortions.
(2) In this subsection, the term ‘‘health care entity’’ includes
an individual physician or other health care professional, a hospital,
a provider-sponsored organization, a health maintenance organization, a health insurance plan, or any other kind of health care
facility, organization, or plan.
SEC. 509. (a) None of the funds made available in this Act
may be used for—
(1) the creation of a human embryo or embryos for research
purposes; or
(2) research in which a human embryo or embryos are
destroyed, discarded, or knowingly subjected to risk of injury
or death greater than that allowed for research on fetuses
in utero under 45 CFR 46.204(b) and section 498(b) of the
Public Health Service Act (42 U.S.C. 289g(b)).
(b) For purposes of this section, the term ‘‘human embryo
or embryos’’ includes any organism, not protected as a human
subject under 45 CFR 46 as of the date of the enactment of this
Act, that is derived by fertilization, parthenogenesis, cloning, or
any other means from one or more human gametes or human
diploid cells.
SEC. 510. (a) None of the funds made available in this Act
may be used for any activity that promotes the legalization of
any drug or other substance included in schedule I of the schedules
of controlled substances established under section 202 of the Controlled Substances Act (21 U.S.C. 812) except for normal and recognized executive-congressional communications.
(b) The limitation in subsection (a) shall not apply when there
is significant medical evidence of a therapeutic advantage to the
use of such drug or other substance or that federally sponsored
clinical trials are being conducted to determine therapeutic advantage.
SEC. 511. None of the funds made available in this Act may
be used to promulgate or adopt any final standard under section
1173(b) of the Social Security Act (42 U.S.C. 1320d–2(b)) providing
for, or providing for the assignment of, a unique health identifier
for an individual (except in an individual’s capacity as an employer
or a health care provider), until legislation is enacted specifically
approving the standard.
SEC. 512. None of the funds made available in this Act may
be obligated or expended to enter into or renew a contract with
an entity if—
(1) such entity is otherwise a contractor with the United
States and is subject to the requirement in section 4212(d)
of title 38, United States Code, regarding submission of an
annual report to the Secretary of Labor concerning employment
of certain veterans; and
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Human embryos.
Drugs and drug
abuse.
Contracts.
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Deadline.
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(2) such entity has not submitted a report as required
by that section for the most recent year for which such requirement was applicable to such entity.
SEC. 513. None of the funds made available in this Act may
be transferred to any department, agency, or instrumentality of
the United States Government, except pursuant to a transfer made
by, or transfer authority provided in, this Act or any other appropriation Act.
SEC. 514. None of the funds made available by this Act to
carry out the Library Services and Technology Act may be made
available to any library covered by paragraph (1) of section 224(f)
of such Act, as amended by the Children’s Internet Protection
Act, unless such library has made the certifications required by
paragraph (4) of such section.
SEC. 515. None of the funds made available by this Act to
carry out part D of title II of the Elementary and Secondary
Education Act of 1965 may be made available to any elementary
or secondary school covered by paragraph (1) of section 2441(a)
of such Act, as amended by the Children’s Internet Protection
Act and the No Child Left Behind Act, unless the local educational
agency with responsibility for such covered school has made the
certifications required by paragraph (2) of such section.
SEC. 516. (a) None of the funds provided under this Act, or
provided under previous appropriations Acts to the agencies funded
by this Act that remain available for obligation or expenditure
in fiscal year 2008, or provided from any accounts in the Treasury
of the United States derived by the collection of fees available
to the agencies funded by this Act, shall be available for obligation
or expenditure through a reprogramming of funds that—
(1) creates new programs;
(2) eliminates a program, project, or activity;
(3) increases funds or personnel by any means for any
project or activity for which funds have been denied or
restricted;
(4) relocates an office or employees;
(5) reorganizes or renames offices;
(6) reorganizes programs or activities; or
(7) contracts out or privatizes any functions or activities
presently performed by Federal employees;
unless the Committees on Appropriations of the House of Representatives and the Senate are notified 15 days in advance of such
reprogramming or of an announcement of intent relating to such
reprogramming, whichever occurs earlier.
(b) None of the funds provided under this Act, or provided
under previous appropriations Acts to the agencies funded by this
Act that remain available for obligation or expenditure in fiscal
year 2008, or provided from any accounts in the Treasury of the
United States derived by the collection of fees available to the
agencies funded by this Act, shall be available for obligation or
expenditure through a reprogramming of funds in excess of $500,000
or 10 percent, whichever is less, that—
(1) augments existing programs, projects (including
construction projects), or activities;
(2) reduces by 10 percent funding for any existing program,
project, or activity, or numbers of personnel by 10 percent
as approved by Congress; or
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PUBLIC LAW 110–161—DEC. 26, 2007
121 STAT. 2211
(3) results from any general savings from a reduction in
personnel which would result in a change in existing programs,
activities, or projects as approved by Congress;
unless the Committees on Appropriations of the House of Representatives and the Senate are notified 15 days in advance of such
reprogramming or of an announcement of intent relating to such
reprogramming, whichever occurs earlier.
SEC. 517. (a) None of the funds made available in this Act
may be used to request that a candidate for appointment to a
Federal scientific advisory committee disclose the political affiliation
or voting history of the candidate or the position that the candidate
holds with respect to political issues not directly related to and
necessary for the work of the committee involved.
(b) None of the funds made available in this Act may be
used to disseminate scientific information that is deliberately false
or misleading.
SEC. 518. Within 45 days of enactment of this Act, each department and related agency funded through this Act shall submit
an operating plan that details at the program, project, and activity
level any funding allocations for fiscal year 2008 that are different
than those specified in this Act, the accompanying detailed table
in the explanatory statement described in section 4 (in the matter
preceding division A of this consolidated Act), or the fiscal year
2008 budget request.
SEC. 519. None of the funds made available by this Act may
be used to carry out the evaluation of the Upward Bound Program
described in the absolute priority for Upward Bound Program
participant selection and evaluation published by the Department
of Education in the Federal Register on September 22, 2006 (71
Fed. Reg. 55447 et seq.).
SEC. 520. None of the funds in this Act may be used to employ
workers described in section 274A(h)(3) of the Immigration and
Nationality Act.
SEC. 521. The Secretaries of Labor, Health and Human Services, and Education shall each prepare and submit to the Committees on Appropriations of the House of Representatives and the
Senate a report on the number and amount of contracts, grants,
and cooperative agreements exceeding $100,000 in value and
awarded by the Department on a non-competitive basis during
each quarter of fiscal year 2008, but not to include grants awarded
on a formula basis. Such report shall include the name of the
contractor or grantee, the amount of funding, and the governmental
purpose. Such report shall be transmitted to the Committees within
30 days after the end of the quarter for which the report is submitted.
SEC. 522. Not later than 30 days after the date of enactment
of this Act, the Departments, agencies, and commissions funded
under this Act, shall establish and maintain on the homepages
of their Internet websites—
(1) a direct link to the Internet websites of their Offices
of Inspectors General; and
(2) a mechanism on the Offices of Inspectors General
website by which individuals may anonymously report cases
of waste, fraud, or abuse with respect to those Departments,
agencies, and commissions.
SEC. 523. None of the funds appropriated or otherwise made
available by this Act may be used to enter into a contract in
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Deadline.
Operating plan.
Reports.
Deadline.
Deadline.
Websites.
5 USC app. 6
note.
Contracts.
Certification.
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42 USC 1395w–4.
Refugees.
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an amount greater than $5,000,000 or to award a grant in excess
of such amount unless the prospective contractor or grantee certifies
in writing to the agency awarding the contract or grant that,
to the best of its knowledge and belief, the contractor or grantee
has filed all Federal tax returns required during the three years
preceding the certification, has not been convicted of a criminal
offense under the Internal Revenue Code of 1986, and has not,
more than 90 days prior to certification, been notified of any unpaid
Federal tax assessment for which the liability remains unsatisfied,
unless the assessment is the subject of an installment agreement
or offer in compromise that has been approved by the Internal
Revenue Service and is not in default, or the assessment is the
subject of a non-frivolous administrative or judicial proceeding.
SEC. 524. Section 1848(l)(2)(A) of the Social Security Act, as
amended by section 6 of the TMA, Abstinence Education, and
QI Programs Extension Act of 2007 (Public Law 110–90), is
amended by reducing the dollar amount in the first sentence by
$150,000,000.
SEC. 525. Iraqi and Afghan aliens granted special immigrant
status under section 101(a)(27) of the Immigration and Nationality
Act shall be eligible for resettlement assistance, entitlement programs, and other benefits available to refugees admitted under
section 207 of such Act for a period not to exceed 6 months.
SEC. 526. None of the funds appropriated by this Act may
be used by the Commissioner of Social Security or the Social Security Administration to pay the compensation of employees of the
Social Security Administration to administer Social Security benefit
payments, under any agreement between the United States and
Mexico establishing totalization arrangements between the social
security system established by title II of the Social Security Act
and the social security system of Mexico, which would not otherwise
be payable but for such agreement.
SEC. 527. None of the funds appropriated in this Act shall
be expended or obligated by the Commissioner of Social Security,
for purposes of administering Social Security benefit payments
under title II of the Social Security Act, to process claims for
credit for quarters of coverage based on work performed under
a social security account number that was not the claimant’s
number which is an offense prohibited under section 208 of the
Social Security Act.
SEC. 528. (a) ACROSS-THE-BOARD RESCISSIONS.—There is hereby
rescinded an amount equal to 1.747 percent of the fiscal year
2008 budget authority—
(1) provided for any discretionary account of this Act; and
(2) provided in any advance appropriation for fiscal year
2008 for any discretionary account of this Act made available
by any prior fiscal year appropriation Act.
(b) PROPORTIONATE APPLICATION.—Any rescission made by subsection (a) shall be applied proportionately—
(1) to each discretionary account and each item of budget
authority described in such subsection; and
(2) within each such account and item, to each program,
project, and activity (with programs, projects, and activities
as delineated in the appropriation Act, accompanying reports,
or explanatory statement for fiscal year 2008 covering such
account or item, or for accounts and items not included in
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appropriation Acts, as delineated in the most recently submitted
President’s budget).
(c) EXCEPTIONS.—This section shall not apply—
(1) to discretionary budget authority that has been designated as described in section 5 (in the matter preceding
division A of this consolidated Act); or
(2) to discretionary budget authority made available under
title III under the Student Financial Assistance account for
the Federal Pell Grants program.
(d) OMB REPORT.—Within 30 days after the date of the enactment of this section the Director of the Office of Management
and Budget shall submit to the Committees on Appropriations
of the House of Representatives and the Senate a report specifying
the account and amount of each rescission made pursuant to this
section.
TITLE VI
Kids in Disasters
Well-being,
Safety, and
Health Act of
2007.
NATIONAL COMMISSION ON CHILDREN AND DISASTERS
SECTION 601. SHORT TITLE.
This title may be cited as the ‘‘Kids in Disasters Well-being,
Safety, and Health Act of 2007’’.
SEC. 602. DEFINITIONS.
In this title:
(1) ALL HAZARDS.—The term ‘‘all hazards’’ has the meaning
given the term ‘‘hazard’’ under section 602(a)(1) of the Robert
T. Stafford Disaster Relief and Assistance Act (42 U.S.C.
5195a), and includes natural disasters, acts of terrorism, and
other man-made disasters.
(2) CHILD; CHILDREN.—The terms ‘‘child’’ and ‘‘children’’
mean an individual or individuals, respectively, who have not
attained 18 years of age.
(3) EMERGENCY.—The term ‘‘emergency’’ has the meaning
given such term under section 102(1) of the Robert T. Stafford
Disaster Relief and Assistance Act (42 U.S.C. 5122(1)).
(4) MAJOR DISASTER.—The term ‘‘major disaster’’ has the
meaning given such term under section 102(2) of the Robert
T. Stafford Disaster Relief and Assistance Act (42 U.S.C.
5122(2)).
SEC. 603. ESTABLISHMENT OF COMMISSION.
There is established a commission to be known as the ‘‘National
Commission on Children and Disasters’’ (referred to in this title
as the ‘‘Commission’’).
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SEC. 604. PURPOSES OF COMMISSION.
The purposes of the Commission are to—
(1) conduct a comprehensive study to examine and assess
the needs of children as they relate to preparation for, response
to, and recovery from all hazards, including major disasters
and emergencies;
(2) build upon the evaluations of other entities and avoid
unnecessary duplication, by reviewing the findings, conclusions,
and recommendations of other commissions, Federal, State,
and local governments, or nongovernmental entities, relating
to the needs of children as they relate to preparation for,
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response to, and recovery from all hazards, including major
disasters and emergencies; and
(3) submit a report to the President and Congress on specific findings, conclusions, and recommendations to address the
needs of children as they relate to preparation for, response
to, and recovery from all hazards, including major disasters
and emergencies.
Reports.
SEC. 605. COMPOSITION OF COMMISSION.
President.
President.
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(a) MEMBERS.—The Commission shall be composed of 10 members, of whom—
(1) 1 member shall be appointed by the President;
(2) 1 member, who is of a different political party than
that of the member appointed under paragraph (1), shall be
appointed by the President;
(3) 2 members shall be appointed by the majority leader
of the Senate;
(4) 2 members shall be appointed by the minority leader
of the Senate;
(5) 2 members shall be appointed by the Speaker of the
House of Representatives; and
(6) 2 members shall be appointed by the minority leader
of the House of Representatives.
(b) CHAIRPERSON, VICE CHAIRPERSON, AND MEETINGS.—Not
later than 30 days after the date on which all members of the
Commission are appointed under subsection (a), such members
shall meet to elect a Chairperson and Vice Chairperson from among
such members and shall determine a schedule of Commission
meetings.
(c) GOVERNMENTAL APPOINTEES.—An individual appointed to
the Commission may not be an official or employee of the Federal
Government.
(d) COMMISSION REPRESENTATION.—The Commission shall
include at least one—
(1) representative from private nonprofit entities with demonstrated expertise in addressing the needs of children as they
relate to preparation for, response to, and recovery from all
hazards, including major disasters and emergencies; and
(2) State emergency manager or local emergency manager.
(e) QUALIFICATIONS.—Members appointed under subsection (a)
may include—
(1) individuals involved with providing services to children,
including health, education, housing, and other social services;
(2) individuals with experience in emergency management,
including coordination of resources and services among State
and local governments, the Federal Government, and nongovernmental entities;
(3) individuals with philanthropic experience focused on
the needs of children in all hazards, including major disasters
and emergencies;
(4) individuals with experience in providing donated goods
and services, including personnel services, to meet the needs
of children and families as they relate to preparation for,
response to, and recovery from all hazards, including major
disasters and emergencies; and
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(5) individuals who have conducted academic research
related to addressing the needs of children in all hazards,
including major disasters and emergencies.
(f) INITIAL MEETING.—The Commission shall meet and begin
the operations of the Commission not later than 120 days after
the appointment of members of the Commission.
(g) QUORUM AND VACANCY.—
(1) QUORUM.—A majority of the members of the Commission shall constitute a quorum, but a lesser number of members
may hold hearings.
(2) VACANCY.—Any vacancy in the Commission shall not
affect its powers and shall be filled in the same manner in
which the original appointment was made.
Deadline.
SEC. 606. DUTIES OF COMMISSION.
The Commission shall—
(1) conduct pursuant to section 604(2) a comprehensive
study that examines and assesses the needs of children as
they relate to preparation for, response to, and recovery from
all hazards, including major disasters and emergencies,
including specific findings relating to—
(A) child physical health, mental health, and trauma;
(B) child care in all settings;
(C) child welfare;
(D) elementary and secondary education;
(E) sheltering, temporary housing, and affordable
housing;
(F) transportation;
(G) juvenile justice;
(H) evacuation; and
(I) relevant activities in emergency management;
(2) identify, review, and evaluate existing laws, regulations,
policies, and programs relevant to the needs of children as
they relate to preparation for, response to, and recovery from
all hazards, including major disasters and emergencies;
(3) identify, review, and evaluate the lessons learned from
past disasters and emergencies relative to addressing the needs
of children; and
(4) submit a report to the President and Congress on the
Commission’s specific findings, conclusions, and recommendations to address the needs of children as they relate to preparation for, response to, and recovery from all hazards, including
major disasters and emergencies, including specific recommendations on the need for planning and establishing a
national resource center on children and disasters, coordination
of resources and services, administrative actions, policies, regulations, and legislative changes as the Commission considers
appropriate.
Reports.
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SEC. 607. POWERS OF COMMISSION.
(a) HEARINGS.—The Commission may hold such hearings, meet
and act at such times and places, and receive such evidence as
may be necessary to carry out the functions of the Commission.
(b) INFORMATION FROM FEDERAL AGENCIES.—
(1) IN GENERAL.—The Commission may access, to the extent
authorized by law, from any executive department, bureau,
agency, board, commission, office, independent establishment,
or instrumentality of the Federal Government such information,
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PUBLIC LAW 110–161—DEC. 26, 2007
suggestions, estimates, and statistics as the Commission considers necessary to carry out this title.
(2) PROVISION OF INFORMATION.—On written request of the
Chairperson of the Commission, each department, bureau,
agency, board, commission, office, independent establishment,
or instrumentality shall, to the extent authorized by law, provide the requested information to the Commission.
(3) RECEIPT, HANDLING, STORAGE, AND DISSEMINATION.—
Information shall only be received, handled, stored, and
disseminated by members of the Commission and its staff consistent with all applicable statutes, regulations, and Executive
orders.
(c) ASSISTANCE FROM FEDERAL AGENCIES.—
(1) GENERAL SERVICES ADMINISTRATION.—On request of the
Chairperson of the Commission, the Administrator of General
Services shall provide to the Commission, on a reimbursable
basis, administrative support and other assistance necessary
for the Commission to carry out its duties.
(2) OTHER DEPARTMENTS AND AGENCIES.—In addition to
the assistance provided for under paragraph (1), departments
and agencies of the United States may provide to the Commission such assistance as they may determine advisable and
as authorized by law.
(d) CONTRACTING.—The Commission may enter into contracts
to enable the Commission to discharge its duties under this title.
(e) DONATIONS.—The Commission may accept, use, and dispose
of donations of services or property.
(f) POSTAL SERVICES.—The Commission may use the United
States mails in the same manner and under the same conditions
as a department or agency of the United States.
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SEC. 608. STAFF OF COMMISSION.
(a) IN GENERAL.—The Chairperson of the Commission, in consultation with the Vice Chairperson, in accordance with rules agreed
upon by the Commission, may appoint and fix the compensation
of a staff director and such other personnel as may be necessary
to enable the Commission to carry out its functions, in accordance
with the provisions of title 5, United States Code, except that
no rate of pay fixed under this subsection may exceed the equivalent
of that payable for a position at level V of the Executive Schedule
under section 5316 of title 5, United States Code.
(b) STAFF OF FEDERAL AGENCIES.—Upon request of the Chairperson of the Commission, the head of any executive department,
bureau, agency, board, commission, office, independent establishment, or instrumentality of the Federal Government may detail,
without reimbursement, any of its personnel to the Commission
to assist it in carrying out its duties under this title. Any detail
of an employee shall be without interruption or loss of civil service
status or privilege.
(c) CONSULTANT SERVICES.—The Commission is authorized to
procure the services of experts and consultants in accordance with
section 3109 of title 5, United States Code, but at rates not to
exceed the daily rate paid a person occupying a position at level
IV of the Executive Schedule under section 5315 of title 5, United
States Code.
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121 STAT. 2217
SEC. 609. TRAVEL EXPENSES.
Each member of the Commission shall serve without compensation, but shall receive travel expenses, including per diem in lieu
of subsistence, in accordance with applicable provisions in the same
manner as persons employed intermittently in the Government
service are allowed expenses under section 5703 of title 5, United
States Code.
SEC. 610. FEDERAL ADVISORY COMMITTEE ACT APPLICABILITY.
The provisions of the Federal Advisory Committee Act shall
apply to the Commission, including the staff of the Commission.
SEC. 611. REPORTS OF COMMISSION; TERMINATION.
(a) INTERIM REPORT.—The Commission shall, not later than
1 year after the date of its first meeting, submit to the President
and Congress an interim report containing specific findings, conclusions, and recommendations required under this title as have been
agreed to by a majority of Commission members.
(b) OTHER REPORTS AND INFORMATION.—
(1) REPORTS.—The Commission may issue additional
reports as the Commission determines necessary.
(2) INFORMATION.—The Commission may hold public
hearings to collect information and shall make such information
available for use by the public.
(c) FINAL REPORT.—The Commission shall, not later than 2
years after the date of its first meeting, submit to the President
and Congress a final report containing specific findings, conclusions,
and recommendations required under this title as have been agreed
to by a majority of Commission members.
(d) TERMINATION.—
(1) IN GENERAL.—The Commission, and all the authorities
of this title, shall terminate 180 days after the date on which
the final report is submitted under subsection (b).
(2) RECORDS.—Not later than the date of termination of
the Commission under paragraph (1), all records and papers
of the Commission shall be delivered to the Archivist of the
United States for deposit in the National Archives.
Archives.
SEC. 612. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to carry out this title,
$1,500,000 for each of fiscal years 2008 and 2009.
SEC. 613. RULE OF CONSTRUCTION.
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Nothing in this title shall be construed to confer on the Commission purposes and duties that are the responsibility of the Congress.
This division may be cited as the ‘‘Departments of Labor, Health
and Human Services, and Education, and Related Agencies Appropriations Act, 2008’’.
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Legislative
Branch
Appropriations
Act, 2008.
2 USC 60a note.
PUBLIC LAW 110–161—DEC. 26, 2007
DIVISION H—LEGISLATIVE BRANCH APPROPRIATIONS ACT,
2008
TITLE I
LEGISLATIVE BRANCH APPROPRIATIONS
SENATE
EXPENSE ALLOWANCES
For expense allowances of the Vice President, $20,000; the
President Pro Tempore of the Senate, $40,000; Majority Leader
of the Senate, $40,000; Minority Leader of the Senate, $40,000;
Majority Whip of the Senate, $10,000; Minority Whip of the Senate,
$10,000; President Pro Tempore emeritus, $15,000; Chairmen of
the Majority and Minority Conference Committees, $5,000 for each
Chairman; and Chairmen of the Majority and Minority Policy
Committees, $5,000 for each Chairman; in all, $195,000.
REPRESENTATION ALLOWANCES FOR THE MAJORITY
LEADERS
AND
MINORITY
For representation allowances of the Majority and Minority
Leaders of the Senate, $15,000 for each such Leader; in all, $30,000.
SALARIES, OFFICERS
AND
EMPLOYEES
For compensation of officers, employees, and others as authorized by law, including agency contributions, $158,457,000, which
shall be paid from this appropriation without regard to the following
limitations:
OFFICE OF THE VICE PRESIDENT
For the Office of the Vice President, $2,316,000.
OFFICE OF THE PRESIDENT PRO TEMPORE
For the Office of the President Pro Tempore, $620,000.
OFFICE OF THE PRESIDENT PRO TEMPORE EMERITUS
For the Office of the President Pro Tempore emeritus, $309,000.
OFFICES OF THE MAJORITY AND MINORITY LEADERS
For Offices of the Majority and Minority Leaders, $4,796,000.
OFFICES OF THE MAJORITY AND MINORITY WHIPS
For Offices of the Majority and Minority Whips, $2,912,000.
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COMMITTEE ON APPROPRIATIONS
For salaries of the Committee on Appropriations, $14,161,000.
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PUBLIC LAW 110–161—DEC. 26, 2007
121 STAT. 2219
CONFERENCE COMMITTEES
For the Conference of the Majority and the Conference of the
Minority, at rates of compensation to be fixed by the Chairman
of each such committee, $1,587,000 for each such committee; in
all, $3,174,000.
OFFICES OF THE SECRETARIES OF THE CONFERENCE OF THE MAJORITY
AND THE CONFERENCE OF THE MINORITY
For Offices of the Secretaries of the Conference of the Majority
and the Conference of the Minority, $778,000.
POLICY COMMITTEES
For salaries of the Majority Policy Committee and the Minority
Policy Committee, $1,620,000 for each such committee; in all,
$3,240,000.
OFFICE OF THE CHAPLAIN
For Office of the Chaplain, $379,000.
OFFICE OF THE SECRETARY
For Office of the Secretary, $22,388,000.
OFFICE OF THE SERGEANT AT ARMS AND DOORKEEPER
For Office
$60,600,000.
of
the
Sergeant
at
Arms
and
Doorkeeper,
OFFICES OF THE SECRETARIES FOR THE MAJORITY AND MINORITY
For Offices of the Secretary for the Majority and the Secretary
for the Minority, $1,684,000.
AGENCY CONTRIBUTIONS AND RELATED EXPENSES
For agency contributions for employee benefits, as authorized
by law, and related expenses, $41,100,000.
OFFICE
OF THE
LEGISLATIVE COUNSEL
OF THE
SENATE
For salaries and expenses of the Office of the Legislative
Counsel of the Senate, $6,280,000.
OFFICE
OF
SENATE LEGAL COUNSEL
For salaries and expenses of the Office of Senate Legal Counsel,
$1,439,000.
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EXPENSE ALLOWANCES OF THE SECRETARY OF THE SENATE, SERGEANT AT ARMS AND DOORKEEPER OF THE SENATE, AND SECRETARIES FOR THE MAJORITY AND MINORITY OF THE SENATE
For expense allowances of the Secretary of the Senate, $6,000;
Sergeant at Arms and Doorkeeper of the Senate, $6,000; Secretary
for the Majority of the Senate, $6,000; Secretary for the Minority
of the Senate, $6,000; in all, $24,000.
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121 STAT. 2220
PUBLIC LAW 110–161—DEC. 26, 2007
CONTINGENT EXPENSES
OF THE
SENATE
INQUIRIES AND INVESTIGATIONS
For expenses of inquiries and investigations ordered by the
Senate, or conducted under paragraph 1 of rule XXVI of the
Standing Rules of the Senate, section 112 of the Supplemental
Appropriations and Rescission Act, 1980 (Public Law 96–304), and
Senate Resolution 281, 96th Congress, agreed to March 11, 1980,
$129,000,000.
EXPENSES OF THE UNITED STATES SENATE CAUCUS ON
INTERNATIONAL NARCOTICS CONTROL
For expenses of the United States Senate Caucus on International Narcotics Control, $520,000.
SECRETARY OF THE SENATE
For expenses of the Office of the Secretary of the Senate,
$2,000,000.
SERGEANT AT ARMS AND DOORKEEPER OF THE SENATE
For expenses of the Office of the Sergeant at Arms and Doorkeeper of the Senate, $142,389,000, which shall remain available
until September 30, 2012.
MISCELLANEOUS ITEMS
For miscellaneous items, $17,528,000, of which up to $500,000
shall be made available for a pilot program for mailings of postal
patron postcards by Senators for the purpose of providing notice
of a town meeting by a Senator in a county (or equivalent unit
of local government) at which the Senator will personally attend:
Provided, That any amount allocated to a Senator for such mailing
shall not exceed 50 percent of the cost of the mailing and the
remaining cost shall be paid by the Senator from other funds
available to the Senator.
SENATORS’ OFFICIAL PERSONNEL AND OFFICE EXPENSE ACCOUNT
For Senators’ Official Personnel and Office Expense Account,
$375,704,000.
OFFICIAL MAIL COSTS
For expenses necessary for official mail costs of the Senate,
$300,000.
ADMINISTRATIVE PROVISIONS
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2 USC 61–1.
Effective date.
2 USC 61–1 note.
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SEC. 1. GROSS
ATORS. Effective on
RATE OF COMPENSATION IN OFFICES OF SENand after October 1, 2007, each of the dollar
amounts contained in the table under section 105(d)(1)(A) of the
Legislative Branch Appropriations Act, 1968 (2 U.S.C. 61–1(d)(1)(A))
shall be deemed to be the dollar amounts in that table, as adjusted
by law and in effect on September 30, 2007, increased by an
additional $50,000 each.
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PUBLIC LAW 110–161—DEC. 26, 2007
121 STAT. 2221
SEC. 2. PRESIDENT PRO TEMPORE EMERITUS OF THE SENATE.
Section 7(e) of the Legislative Branch Appropriations Act, 2003
(2 U.S.C. 32b note) is amended by striking ‘‘and the 109th Congress’’
and inserting ‘‘, the 109th Congress, and the 110th Congress’’.
SEC. 3. OFFICES OF THE SECRETARIES OF THE CONFERENCE
OF THE MAJORITY AND THE CONFERENCE OF THE MINORITY. (a)
IN GENERAL.—Upon the written request of the Secretary of the
Conference of the Majority or the Secretary of the Conference
of the Minority, the Secretary of the Senate shall transfer from
the appropriations account appropriated under the subheading
‘‘OFFICES OF THE SECRETARIES OF THE CONFERENCE OF THE MAJORITY
AND THE CONFERENCE OF THE MINORITY’’ under the heading ‘‘SALARIES, OFFICERS AND EMPLOYEES’’ such amount as the Secretary
of the Conference of the Majority or the Secretary of the Conference
of the Minority shall specify to the appropriations account under
the heading ‘‘MISCELLANEOUS ITEMS’’ within the contingent fund
of the Senate.
(b) AUTHORITY TO INCUR EXPENSES.—The Secretary of the Conference of the Majority or the Secretary of the Conference of the
Minority may incur such expenses as may be necessary or appropriate. Expenses incurred by the Secretary of the Conference of
the Majority or the Secretary of the Conference of the Minority
shall be paid from the amount transferred under subsection (a)
by the Secretary of the Conference of the Majority or the Secretary
of the Conference of the Minority and upon vouchers approved
by the Secretary of the Conference of the Majority or the Secretary
of the Conference of the Minority, as applicable.
(c) AUTHORITY TO ADVANCE SUMS.—The Secretary of the Senate
may advance such sums as may be necessary to defray expenses
incurred in carrying out subsections (a) and (b).
(d) EFFECTIVE DATE.—This section shall apply to fiscal year
2008 and each fiscal year thereafter.
SEC. 4. UNIFORM LIMITATION ON GROSS COMPENSATION FOR
EMPLOYEES OF COMMITTEES. (a) IN GENERAL.—Section 105(e) of
the Legislative Branch Appropriations Act, 1968 (2 U.S.C. 61–
1(e)) is amended by striking paragraph (3) and inserting the following:
‘‘(3)(A) In this paragraph—
‘‘(i) the term ‘committee of the Senate’ means—
‘‘(I) any standing committee (including the majority
and minority policy committees) of the Senate;
‘‘(II) any select committee (including the conference
majority and conference minority of the Senate); or
‘‘(III) any joint committee the expenses of which
are paid from the contingent fund of the Senate; and
‘‘(ii) an employee of a subcommittee shall be considered
to be an employee of the full committee.
‘‘(B) Subject to adjustment as provided by law, no employee
of a committee of the Senate shall be paid at a per annum
gross rate in excess of $162,515.’’.
(b) EFFECTIVE DATE.—The amendment made by this section
shall apply to fiscal year 2008 and each fiscal year thereafter.
SEC. 5. UNITED STATES SENATE-JAPAN INTERPARLIAMENTARY
GROUP. (a) ESTABLISHMENT AND MEETINGS.—Not to exceed 12 Senators shall be appointed to meet once per Congress with representatives of the Diet of Japan for discussion of common problems in
the interest of relations between the United States and Japan.
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2 USC 61g–6b.
2 USC 61–1 note.
22 USC 276p.
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2 USC 69a note.
2 USC 61f–13.
Applicability.
2 USC 61h–6
note.
PUBLIC LAW 110–161—DEC. 26, 2007
The Senators so appointed shall be referred to as the ‘‘United
States group’’ of the United States Senate-Japan Interparliamentary
Group. The meetings shall take place in Japan and Washington,
D.C. alternatively.
(b) APPOINTMENT OF MEMBERS.—The President of the Senate
shall appoint Senators under this section, including a Chair and
Vice Chair, upon recommendations of the majority and minority
leaders of the Senate. Such appointments shall be for the duration
of each Congress.
(c) FUNDING.—There is authorized to be appropriated $100,000
for each Congress to assist in meeting the expenses of the United
States group. Appropriations shall be disbursed on vouchers to
be approved by the Chair of the United States group.
(d) CERTIFICATION OF EXPENDITURES.—A report of expenditures
by the United States group shall be prepared and certified each
Congress by the Chair.
(e) EFFECTIVE DATE.—This section shall apply to fiscal year
2008, and each fiscal year thereafter.
SEC. 6. ORIENTATION SEMINARS. (a) IN GENERAL.—Section
107(a) of the Supplemental Appropriations Act, 1979 (2 U.S.C.
69a; Public Law 96–38) is amended in the first sentence by striking
‘‘$25,000’’ and inserting ‘‘$30,000’’.
(b) EFFECTIVE DATE.—The amendment made by this section
shall apply with respect to fiscal year 2008 and each fiscal year
thereafter.
SEC. 7. MEDIA SUPPORT SERVICES. (a) DEFINITIONS.—In this
section, the terms ‘‘national committee’’ and ‘‘political party’’ have
the meaning given such terms in section 301 of the Federal Election
Campaign Act of 1971 (2 U.S.C. 431).
(b) IN GENERAL.—The official duties of employees of the Sergeant at Arms and Doorkeeper of the Senate under the Senate
Daily Press Gallery, the Senate Periodical Press Gallery, the Senate
Press Photographers Gallery, and the Senate Radio and Television
Correspondents Gallery may include providing media support services with respect to the presidential nominating conventions of
the national committees of political parties.
(c) APPROVAL OF SERGEANT AT ARMS.—The terms and conditions
under which employees perform official duties under subsection
(b) shall be subject to the approval of the Sergeant at Arms and
Doorkeeper of the Senate.
(d) EFFECTIVE DATE.—This section shall apply to fiscal year
2008 and each fiscal year thereafter.
SEC. 8. CONSULTANTS. With respect to fiscal year 2008, the
first sentence of section 101(a) of the Supplemental Appropriations
Act, 1977 (2 U.S.C. 61h–6(a)) shall be applied by substituting ‘‘nine
individual consultants’’ for ‘‘eight individual consultants’’.
HOUSE OF REPRESENTATIVES
SALARIES AND EXPENSES
For salaries and expenses of the House of Representatives,
$1,188,211,000, as follows:
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HOUSE LEADERSHIP OFFICES
For salaries and expenses, as authorized by law, $24,048,000,
including: Office of the Speaker, $4,761,000, including $25,000 for
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PUBLIC LAW 110–161—DEC. 26, 2007
121 STAT. 2223
official expenses of the Speaker; Office of the Majority Floor Leader,
$2,388,000, including $10,000 for official expenses of the Majority
Leader; Office of the Minority Floor Leader, $4,290,000, including
$10,000 for official expenses of the Minority Leader; Office of the
Majority Whip, including the Chief Deputy Majority Whip,
$1,894,000, including $5,000 for official expenses of the Majority
Whip; Office of the Minority Whip, including the Chief Deputy
Minority Whip, $1,420,000, including $5,000 for official expenses
of the Minority Whip; Speaker’s Office for Legislative Floor Activities, $499,000; Republican Steering Committee, $943,000; Republican Conference, $1,631,000; Republican Policy Committee,
$325,000; Democratic Steering and Policy Committee, $1,295,000;
Democratic Caucus, $1,604,000; nine minority employees,
$1,498,000; training and program development—majority, $290,000;
training and program development—minority, $290,000; Cloakroom
Personnel—majority, $460,000; and Cloakroom Personnel—
minority, $460,000.
MEMBERS’ REPRESENTATIONAL ALLOWANCES
INCLUDING MEMBERS’ CLERK HIRE, OFFICIAL EXPENSES
MEMBERS, AND OFFICIAL MAIL
OF
For Members’ representational allowances, including Members’
clerk hire, official expenses, and official mail, $581,000,000.
COMMITTEE EMPLOYEES
STANDING COMMITTEES, SPECIAL
AND
SELECT
For salaries and expenses of standing committees, special and
select, authorized by House resolutions, $133,000,000: Provided,
That such amount shall remain available for such salaries and
expenses until December 31, 2008.
COMMITTEE
ON
APPROPRIATIONS
For salaries and expenses of the Committee on Appropriations,
$32,203,700, including studies and examinations of executive agencies and temporary personal services for such committee to be
expended in accordance with section 202(b) of the Legislative
Reorganization Act of 1946 and to be available for reimbursement
to agencies for services performed: Provided, That such amount
shall remain available for such salaries and expenses until
December 31, 2008: Provided further, That $2,403,700 shall be
derived from prior year unobligated balances from funds previously
appropriated to the Committee on Appropriations.
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SALARIES, OFFICERS
AND
EMPLOYEES
For compensation and expenses of officers and employees, as
authorized by law, $166,785,000, including: for salaries and
expenses of the Office of the Clerk, including not more than $13,000,
of which not more than $10,000 is for the Family Room, for official
representation and reception expenses, $22,423,000; for salaries
and expenses of the Office of the Sergeant at Arms, including
the position of Superintendent of Garages, and including not more
than $3,000 for official representation and reception expenses,
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121 STAT. 2224
PUBLIC LAW 110–161—DEC. 26, 2007
$6,884,000; for salaries and expenses of the Office of the Chief
Administrative Officer, $114,553,000, of which $6,269,000 shall
remain available until expended; for salaries and expenses of the
Office of the Inspector General, $4,368,000; for salaries and
expenses of the Office of Emergency Planning, Preparedness and
Operations, $3,049,000, to remain available until expended; for
salaries and expenses of the Office of General Counsel, $1,178,000;
for the Office of the Chaplain, $166,000; for salaries and expenses
of the Office of the Parliamentarian, including the Parliamentarian,
$2,000 for preparing the Digest of Rules, and not more than $1,000
for official representation and reception expenses, $1,799,000; for
salaries and expenses of the Office of the Law Revision Counsel
of the House, $2,939,000; for salaries and expenses of the Office
of the Legislative Counsel of the House, $7,258,000; for salaries
and expenses of the Office of Interparliamentary Affairs, $702,000;
for other authorized employees, $1,016,000; and for salaries and
expenses of the Office of the Historian, $450,000.
ALLOWANCES
AND
EXPENSES
For allowances and expenses as authorized by House resolution
or law, $254,174,000, including: supplies, materials, administrative
costs and Federal tort claims, $3,588,000; official mail for committees, leadership offices, and administrative offices of the House,
$310,000; Government contributions for health, retirement, Social
Security, and other applicable employee benefits, $227,455,000; supplies, materials, and other costs relating to the House portion
of expenses for the Capitol Visitor Center, $2,262,000, to remain
available until expended; Business Continuity and Disaster
Recovery, $16,856,000, of which $5,408,000 shall remain available
until expended; and miscellaneous items including purchase,
exchange, maintenance, repair and operation of House motor
vehicles, interparliamentary receptions, and gratuities to heirs of
deceased employees of the House, $703,000.
CHILD CARE CENTER
For salaries and expenses of the House of Representatives
Child Care Center, such amounts as are deposited in the account
established by section 312(d)(1) of the Legislative Branch Appropriations Act, 1992 (2 U.S.C. 2112), subject to the level specified in
the budget of the Center, as submitted to the Committee on Appropriations of the House of Representatives.
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ADMINISTRATIVE PROVISIONS
SEC. 101. (a) REQUIRING AMOUNTS REMAINING IN MEMBERS’
REPRESENTATIONAL ALLOWANCES TO BE USED FOR DEFICIT REDUCTION OR TO REDUCE THE FEDERAL DEBT.—Notwithstanding any
other provision of law, any amounts appropriated under this Act
for ‘‘HOUSE OF REPRESENTATIVES—SALARIES AND EXPENSES—
MEMBERS’ REPRESENTATIONAL ALLOWANCES’’ shall be available only
for fiscal year 2008. Any amount remaining after all payments
are made under such allowances for fiscal year 2008 shall be
deposited in the Treasury and used for deficit reduction (or, if
there is no Federal budget deficit after all such payments have
been made, for reducing the Federal debt, in such manner as
the Secretary of the Treasury considers appropriate).
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121 STAT. 2225
(b) REGULATIONS.—The Committee on House Administration
of the House of Representatives shall have authority to prescribe
regulations to carry out this section.
(c) DEFINITION.—As used in this section, the term ‘‘Member
of the House of Representatives’’ means a Representative in, or
a Delegate or Resident Commissioner to, the Congress.
SEC. 102. CONTRACT FOR EXERCISE FACILITY.—(a) Section 103(a)
of the Legislative Branch Appropriations Act, 2005 (Public Law
108–447; 118 Stat. 3175), is amended by striking ‘‘private entity’’
and inserting ‘‘public or private entity’’.
(b) The amendment made by subsection (a) shall take effect
as if included in the enactment of the Legislative Branch Appropriations Act, 2005.
SEC. 103. DEPOSITS.—(a) The second sentence of section 101
of the Legislative Branch Appropriations Act, 1996 (2 U.S.C. 117j)
is amended by striking ‘‘deposited in the Treasury as miscellaneous
receipts’’ and inserting ‘‘deposited in the Treasury for credit to
the account of the Office of the Chief Administrative Officer’’.
(b) The amendments made by this section shall apply with
respect to fiscal year 2008 and each succeeding fiscal year.
SEC. 104. HOUSE SERVICES REVOLVING FUND.—(a) Section
105(b) of the Legislative Branch Appropriations Act, 2005 (2 U.S.C.
117m(b)) is amended by striking ‘‘the Chief Administrative Officer’’
and inserting the following: ‘‘the Chief Administrative Officer,
including purposes relating to energy and water conservation and
environmental activities carried out in buildings, facilities, and
grounds under the Chief Administrative Officer’s jurisdiction,’’.
(b) The amendments made by this section shall apply with
respect to fiscal year 2008 and each succeeding fiscal year.
SEC. 105. ADJUSTMENT.—The first sentence of section 5 of
House Resolution 1238, Ninety-first Congress, agreed to December
22, 1970 (as enacted into permanent law by chapter VIII of the
Supplemental Appropriations Act, 1971) (2 U.S.C. 31b–5), is
amended by striking ‘‘step 1 of level 6’’ and inserting ‘‘step 7
of level 11’’.
Effective date.
Applicability.
2 USC 117j note.
Applicability.
2 USC 117m
note.
JOINT ITEMS
For Joint Committees, as follows:
JOINT ECONOMIC COMMITTEE
For salaries and expenses of the Joint Economic Committee,
$4,398,000, to be disbursed by the Secretary of the Senate.
JOINT COMMITTEE
ON
TAXATION
For salaries and expenses of the Joint Committee on Taxation,
$9,220,000, to be disbursed by the Chief Administrative Officer
of the House of Representatives.
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JOINT CONGRESSIONAL COMMITTEE ON INAUGURAL CEREMONIES
2009
OF
For salaries and expenses associated with conducting the inaugural ceremonies of the President and Vice President of the United
States, January 20, 2009, in accordance with such program as
may be adopted by the joint congressional committee authorized
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121 STAT. 2226
PUBLIC LAW 110–161—DEC. 26, 2007
to conduct the inaugural ceremonies of 2009, $1,240,000 to be
disbursed by the Secretary of the Senate and to remain available
until September 30, 2009. Funds made available under this heading
shall be available for payment, on a direct or reimbursable basis,
whether incurred on, before, or after, October 1, 2008: Provided,
That the compensation of any employee of the Committee on Rules
and Administration of the Senate who has been designated to
perform service with respect to the inaugural ceremonies of 2009
shall continue to be paid by the Committee on Rules and Administration, but the account from which such staff member is paid
may be reimbursed for the services of the staff member (including
agency contributions when appropriate) out of funds made available
under this heading.
For other joint items, as follows:
OFFICE
OF THE
ATTENDING PHYSICIAN
For medical supplies, equipment, and contingent expenses of
the emergency rooms, and for the Attending Physician and his
assistants, including: (1) an allowance of $2,175 per month to the
Attending Physician; (2) an allowance of $725 per month each
to four medical officers while on duty in the Office of the Attending
Physician; (3) an allowance of $725 per month to two assistants
and $580 per month each not to exceed 11 assistants on the basis
heretofore provided for such assistants; and (4) $2,063,000 for
reimbursement to the Department of the Navy for expenses incurred
for staff and equipment assigned to the Office of the Attending
Physician, which shall be advanced and credited to the applicable
appropriation or appropriations from which such salaries, allowances, and other expenses are payable and shall be available for
all the purposes thereof, $2,798,000, to be disbursed by the Chief
Administrative Officer of the House of Representatives.
CAPITOL GUIDE SERVICE
AND
SPECIAL SERVICES OFFICE
For salaries and expenses of the Capitol Guide Service and
Special Services Office, $5,348,000, to be disbursed by the Secretary
of the Senate.
STATEMENTS
OF
APPROPRIATIONS
For the preparation, under the direction of the Committees
on Appropriations of the Senate and the House of Representatives,
of the statements for the first session of the 110th Congress,
showing appropriations made, indefinite appropriations, and contracts authorized, together with a chronological history of the regular appropriations bills as required by law, $30,000, to be paid
to the persons designated by the chairmen of such committees
to supervise the work.
CAPITOL POLICE
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SALARIES
For salaries of employees of the Capitol Police, including overtime, hazardous duty pay differential, and Government contributions for health, retirement, social security, professional liability
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PUBLIC LAW 110–161—DEC. 26, 2007
121 STAT. 2227
insurance, and other applicable employee benefits, $232,800,000,
to be disbursed by the Chief of the Capitol Police or his designee.
GENERAL EXPENSES
For necessary expenses of the Capitol Police, including motor
vehicles, communications and other equipment, security equipment
and installation, uniforms, weapons, supplies, materials, training,
medical services, forensic services, stenographic services, personal
and professional services, the employee assistance program, the
awards program, postage, communication services, travel advances,
relocation of instructor and liaison personnel for the Federal Law
Enforcement Training Center, and not more than $5,000 to be
expended on the certification of the Chief of the Capitol Police
in connection with official representation and reception expenses,
$48,900,000, to be disbursed by the Chief of the Capitol Police
or his designee: Provided, That, notwithstanding any other provision
of law, the cost of basic training for the Capitol Police at the
Federal Law Enforcement Training Center for fiscal year 2008
shall be paid by the Secretary of Homeland Security from funds
available to the Department of Homeland Security.
ADMINISTRATIVE PROVISIONS
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(INCLUDING
TRANSFER OF FUNDS)
SEC. 1001. TRANSFER AUTHORITY.—Amounts appropriated for
fiscal year 2008 for the Capitol Police may be transferred between
the headings ‘‘SALARIES’’ and ‘‘GENERAL EXPENSES’’ upon the
approval of the Committees on Appropriations of the House of
Representatives and the Senate.
SEC. 1002. ADVANCE PAYMENTS.—During fiscal year 2008 and
each succeeding fiscal year, following notification of the Committees
on Appropriations of the House of Representatives and the Senate,
the Chief of the Capitol Police may make payments in advance
for obligations of the United States Capitol Police for subscription
services if the Chief determines it to be more prompt, efficient,
or economical to do so.
SEC. 1003. UTILITY TUNNEL REPAIRS.—(a) From the unexpended
balances available under the heading ‘‘Architect of the Capitol,
Capitol Power Plant’’ in chapter 6 of title V of the U.S. Troop
Readiness, Veterans’ Care, Katrina Recovery, and Iraq Accountability Appropriations Act, 2007 (Public Law 110–28; 111 Stat.
167), $876,000 are hereby rescinded.
(b) In addition to the amounts otherwise made available in
this Act under the heading ‘‘Capitol Police, Salaries’’, there is appropriated $876,000 for expenses under such heading resulting from
any utility tunnel repairs and asbestos abatement activities carried
out by the Architect of the Capitol: Provided, That the amount
provided by this section is designated as described in section 5
(in the matter preceding division A of this consolidated Act).
SEC. 1004. UNITED STATES CAPITOL POLICE AND LIBRARY OF
CONGRESS POLICE MERGER. (a) SHORT TITLE.—This section may
be cited as the ‘‘U.S. Capitol Police and Library of Congress Police
Merger Implementation Act of 2007’’.
(b) TRANSFER OF PERSONNEL.—
(1) TRANSFERS.—
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2 USC 1981.
U.S. Capitol
Police and
Library of
Congress Police
Merger
Implementation
Act of 2007.
2 USC 1901 note.
2 USC 1901 note.
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121 STAT. 2228
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Effective date.
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PUBLIC LAW 110–161—DEC. 26, 2007
(A) LIBRARY OF CONGRESS POLICE EMPLOYEES.—Effective on the employee’s transfer date, each Library of Congress Police employee shall be transferred to the United
States Capitol Police and shall become either a member
or civilian employee of the Capitol Police, as determined
by the Chief of the Capitol Police under paragraph (2).
OF
CONGRESS
POLICE
CIVILIAN
(B)
LIBRARY
EMPLOYEES.—Effective on the employee’s transfer date,
each Library of Congress Police civilian employee shall
be transferred to the United States Capitol Police and
shall become a civilian employee of the Capitol Police.
(2) TREATMENT OF LIBRARY OF CONGRESS POLICE
EMPLOYEES.—
(A) DETERMINATION OF STATUS WITHIN CAPITOL
POLICE.—
(i) ELIGIBILITY TO SERVE AS MEMBERS OF THE CAPITOL POLICE.—A Library of Congress Police employee
shall become a member of the Capitol Police on the
employee’s transfer date if the Chief of the Capitol
Police determines and issues a written certification
that the employee meets each of the following requirements:
(I) Based on the assumption that such
employee would perform a period of continuous
Federal service after the transfer date, the
employee would be entitled to an annuity for
immediate retirement under section 8336(b) or
8412(b) of title 5, United States Code (as determined by taking into account subparagraph (C)(i)),
on the date such employee becomes 60 years of
age.
(II) During the transition period, the employee
successfully completes training, as determined by
the Chief of the Capitol Police.
(III) The employee meets the qualifications
required to be a member of the Capitol Police,
as determined by the Chief of the Capitol Police.
(ii) SERVICE AS CIVILIAN EMPLOYEE OF CAPITOL
POLICE.—If the Chief of the Capitol Police determines
that a Library of Congress Police employee does not
meet the eligibility requirements, the employee shall
become a civilian employee of the Capitol Police on
the employee’s transfer date.
(iii) FINALITY OF DETERMINATIONS.—Any determination of the Chief of the Capitol Police under this
subparagraph shall not be appealable or reviewable
in any manner.
(iv) DEADLINE FOR DETERMINATIONS.—The Chief
of the Capitol Police shall complete the determinations
required under this subparagraph for all Library of
Congress Police employees not later than September
30, 2009.
(B) EXEMPTION FROM MANDATORY SEPARATION.—Section 8335(c) or 8425(c) of title 5, United States Code, shall
not apply to any Library of Congress Police employee who
becomes a member of the Capitol Police under this subsection, until the earlier of—
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PUBLIC LAW 110–161—DEC. 26, 2007
121 STAT. 2229
(i) the date on which the individual is entitled
to an annuity for immediate retirement under section
8336(b) or 8412(b) of title 5, United States Code; or
(ii) the date on which the individual—
(I) is 57 years of age or older; and
(II) is entitled to an annuity for immediate
retirement under section 8336(m) or 8412(d) of
title 5, United States Code, (as determined by
taking into account subparagraph (C)(i)).
(C) TREATMENT OF PRIOR CREDITABLE SERVICE FOR
RETIREMENT PURPOSES.—
(i) PRIOR SERVICE FOR PURPOSES OF ELIGIBILITY
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FOR IMMEDIATE RETIREMENT AS MEMBER OF CAPITOL
POLICE.—Any Library of Congress Police employee who
becomes a member of the Capitol Police under this
subsection shall be entitled to have any creditable
service under section 8332 or 8411 of title 5, United
States Code, that was accrued prior to becoming a
member of the Capitol Police included in calculating
the employee’s service as a member of the Capitol
Police for purposes of section 8336(m) or 8412(d) of
title 5, United States Code.
(ii) PRIOR SERVICE FOR PURPOSES OF COMPUTATION
OF ANNUITY.—Any creditable service under section
8332 or 8411 of title 5, United States Code, of an
individual who becomes a member of the Capitol Police
under this paragraph that was accrued prior to
becoming a member of the Capitol Police—
(I) shall be treated and computed as employee
service under section 8339 or section 8415 of such
title; but
(II) shall not be treated as service as a member
of the Capitol Police or service as a congressional
employee for purposes of applying any formula
under section 8339(b), 8339(q), 8415(c), or 8415(d)
of such title under which a percentage of the
individual’s average pay is multiplied by the years
(or other period) of such service.
(3) DUTIES OF EMPLOYEES TRANSFERRED TO CIVILIAN POSITIONS.—
(A) DUTIES.—The duties of any individual who becomes
a civilian employee of the Capitol Police under this section,
including a Library of Congress Police civilian employee
under paragraph (1)(B) and a Library of Congress Police
employee who becomes a civilian employee of the Capitol
Police under paragraph (2)(A)(ii), shall be determined solely
by the Chief of the Capitol Police, except that a Library
of Congress Police civilian employee under paragraph (1)(B)
shall continue to support Library of Congress police operations until all Library of Congress Police employees are
transferred to the United States Capitol Police under this
section.
(B) FINALITY OF DETERMINATIONS.—Any determination
of the Chief of the Capitol Police under this paragraph
shall not be appealable or reviewable in any manner.
(4) PROTECTING STATUS OF TRANSFERRED EMPLOYEES.—
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121 STAT. 2230
PUBLIC LAW 110–161—DEC. 26, 2007
(A) NONREDUCTION IN PAY, RANK, OR GRADE.—The
transfer of any individual under this subsection shall not
cause that individual to be separated or reduced in basic
pay, rank or grade.
(B) LEAVE AND COMPENSATORY TIME.—Any annual
leave, sick leave, or other leave, or compensatory time,
to the credit of an individual transferred under this subsection shall be transferred to the credit of that individual
as a member or an employee of the Capitol Police (as
the case may be). The treatment of leave or compensatory
time transferred under this subsection shall be governed
by regulations of the Capitol Police Board.
(C) PROHIBITING IMPOSITION OF PROBATIONARY
PERIOD.—The Chief of the Capitol Police may not impose
a period of probation on any individual who is transferred
under this section.
(5) RULES OF CONSTRUCTION RELATING TO EMPLOYEE REPRESENTATION.—
(A) EMPLOYEE REPRESENTATION.—Nothing in this section shall be construed to authorize any labor organization
that represented an individual who was a Library of Congress police employee or a Library of Congress police
civilian employee before the individual’s transfer date to
represent that individual as a member of the Capitol Police
or an employee of the Capitol Police after the individual’s
transfer date.
(B) AGREEMENTS NOT APPLICABLE.—Nothing in this section shall be construed to authorize any collective bargaining agreement (or any related court order, stipulated
agreement, or agreement to the terms or conditions of
employment) applicable to Library of Congress police
employees or to Library of Congress police civilian
employees to apply to members of the Capitol Police or
to civilian employees of the Capitol Police.
(6) RULE OF CONSTRUCTION RELATING TO PERSONNEL
AUTHORITY OF THE CHIEF OF THE CAPITOL POLICE.—Nothing
in this section shall be construed to affect the authority of
the Chief of the Capitol Police to—
(A) terminate the employment of a member of the
Capitol Police or a civilian employee of the Capitol Police;
or
(B) transfer any individual serving as a member of
the Capitol Police or a civilian employee of the Capitol
Police to another position with the Capitol Police.
(7) TRANSFER DATE DEFINED.—In this section, the term
‘‘transfer date’’ means, with respect to an employee—
(A) in the case of a Library of Congress Police employee
who becomes a member of the Capitol Police, the first
day of the first pay period applicable to members of the
United States Capitol Police which begins after the date
on which the Chief of the Capitol Police issues the written
certification for the employee under paragraph (2)(A);
(B) in the case of a Library of Congress Police employee
who becomes a civilian employee of the Capitol Police,
the first day of the first pay period applicable to employees
of the United States Capitol Police which begins after
September 30, 2009; or
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PUBLIC LAW 110–161—DEC. 26, 2007
121 STAT. 2231
(C) in the case of a Library of Congress Police civilian
employee, the first day of the first pay period applicable
to employees of the United States Capitol Police which
begins after September 30, 2008.
(8) CANCELLATION IN PORTION OF UNOBLIGATED BALANCE
OF FEDLINK REVOLVING FUND .—Amounts available for obligation by the Librarian of Congress as of the date of the enactment of this Act from the unobligated balance in the revolving
fund established under section 103 of the Library of Congress
Fiscal Operations Improvement Act of 2000 (2 U.S.C. 182c)
for the Federal Library and Information Network program of
the Library of Congress and the Federal Research program
of the Library of Congress are reduced by a total of $560,000,
and the amount so reduced is hereby cancelled.
(c) TRANSITION PROVISIONS.—
(1) TRANSFER AND ALLOCATIONS OF PROPERTY AND APPROPRIATIONS.—
(A) IN GENERAL.—Effective on the transfer date of any
Library of Congress Police employee and Library of Congress Police civilian employee who is transferred under
this section—
(i) the assets, liabilities, contracts, property, and
records associated with the employee shall be transferred to the Capitol Police; and
(ii) the unexpended balances of appropriations,
authorizations, allocations, and other funds employed,
used, held, arising from, available to, or to be made
available in connection with the employee shall be
transferred to and made available under the appropriations accounts for the Capitol Police for ‘‘Salaries’’ and
‘‘General Expenses’’, as applicable.
(B) JOINT REVIEW.—During the transition period, the
Chief of the Capitol Police and the Librarian of Congress
shall conduct a joint review of the assets, liabilities, contracts, property records, and unexpended balances of appropriations, authorizations, allocations, and other funds
employed, used, held, arising from, available to, or to be
made available in connection with the transfer under this
section.
(2) TREATMENT OF ALLEGED VIOLATIONS OF CERTAIN
EMPLOYMENT LAWS WITH RESPECT TO TRANSFERRED INDIVIDUALS.—
(A) IN GENERAL.—Notwithstanding any other provision
of law and except as provided in subparagraph (C), in
the case of an alleged violation of any covered law (as
defined in subparagraph (D)) which is alleged to have
occurred prior to the transfer date with respect to an individual who is transferred under this section, and for which
the individual has not exhausted all of the remedies available for the consideration of the alleged violation which
are provided for employees of the Library of Congress under
the covered law prior to the transfer date, the following
shall apply:
(i) The individual may not initiate any procedure
which is available for the consideration of the alleged
violation of the covered law which is provided for
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121 STAT. 2232
PUBLIC LAW 110–161—DEC. 26, 2007
employees of the Library of Congress under the covered
law.
(ii) To the extent that the individual has initiated
any such procedure prior to the transfer date, the
procedure shall terminate and have no legal effect.
(iii) Subject to subparagraph (B), the individual
may initiate and participate in any procedure which
is available for the resolution of grievances of officers
and employees of the Capitol Police under the Congressional Accountability Act of 1995 (2 U.S.C. 1301 et
seq.) to provide for consideration of the alleged violation. The previous sentence does not apply in the case
of an alleged violation for which the individual
exhausted all of the available remedies which are provided for employees of the Library of Congress under
the covered law prior to the transfer date.
(B) SPECIAL RULES FOR APPLYING CONGRESSIONAL
ACCOUNTABILITY ACT OF 1995.—In applying subparagraph
(A)(iii) with respect to an individual to whom this subsection applies, for purposes of the consideration of the
alleged violation under the Congressional Accountability
Act of 1995—
(i) the date of the alleged violation shall be the
individual’s transfer date;
(ii) notwithstanding the third sentence of section
402(a) of such Act (2 U.S.C. 1402(a)), the individual’s
request for counseling under such section shall be made
not later than 60 days after the date of the alleged
violation; and
(iii) the employing office of the individual at the
time of the alleged violation shall be the Capitol Police
Board.
(C) EXCEPTION FOR ALLEGED VIOLATIONS SUBJECT TO
HEARING PRIOR TO TRANSFER.—Subparagraph (A) does not
apply with respect to an alleged violation for which a
hearing has commenced in accordance with the covered
law on or before the transfer date.
(D) COVERED LAW DEFINED.—In this paragraph, a ‘‘covered law’’ is any law for which the remedy for an alleged
violation is provided for officers and employees of the Capitol Police under the Congressional Accountability Act of
1995 (2 U.S.C. 1301 et seq.).
(3) AVAILABILITY OF DETAILEES DURING TRANSITION
PERIOD.—During the transition period, the Chief of the Capitol
Police may detail additional members of the Capitol Police
to the Library of Congress, without reimbursement.
(4) EFFECT ON EXISTING MEMORANDUM OF UNDERSTANDING.—The Memorandum of Understanding between the
Library of Congress and the Capitol Police entered into on
December 12, 2004, shall remain in effect during the transition
period, subject to—
(A) the provisions of this section; and
(B) such modifications as may be made in accordance
with the modification and dispute resolution provisions
of the Memorandum of Understanding, consistent with the
provisions of this section.
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PUBLIC LAW 110–161—DEC. 26, 2007
121 STAT. 2233
(5) RULE OF CONSTRUCTION RELATING TO PERSONNEL
AUTHORITY OF THE LIBRARIAN OF CONGRESS.—Nothing in this
section shall be construed to affect the authority of the
Librarian of Congress to—
(A) terminate the employment of a Library of Congress
Police employee or Library of Congress Police civilian
employee; or
(B) transfer any individual serving in a Library of
Congress Police employee position or Library of Congress
Police civilian employee position to another position at
the Library of Congress.
(d) POLICE JURISDICTION, UNLAWFUL ACTIVITIES, AND PENALTIES.—
(1) JURISDICTION.—
(A) EXTENSION OF CAPITOL POLICE JURISDICTION.—Section 9 of the Act entitled ‘‘An Act to define the area of
the United States Capitol Grounds, to regulate the use
thereof, and for other purposes’’, approved July 31, 1946
(2 U.S.C. 1961) is amended by adding at the end the
following:
‘‘(d) For purposes of this section, ‘United States Capitol
Buildings and Grounds’ shall include the Library of Congress
buildings and grounds described under section 11 of the Act entitled
‘An Act relating to the policing of the buildings of the Library
of Congress’, approved August 4, 1950 (2 U.S.C. 167j), except that
in a case of buildings or grounds not located in the District of
Columbia, the authority granted to the Metropolitan Police Force
of the District of Columbia shall be granted to any police force
within whose jurisdiction the buildings or grounds are located.’’.
(B) REPEAL OF LIBRARY OF CONGRESS POLICE JURISDICTION.—The first section and sections 7 and 9 of the Act
of August 4, 1950 (2 U.S.C. 167, 167f, 167h) are repealed
on October 1, 2009.
(2) UNLAWFUL ACTIVITIES AND PENALTIES.—
(A) EXTENSION OF UNITED STATES CAPITOL BUILDINGS
2 USC 167 note.
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AND GROUNDS PROVISIONS TO THE LIBRARY OF CONGRESS
BUILDINGS AND GROUNDS.—
(i) CAPITOL BUILDINGS.—Section 5101 of title 40,
United States Code, is amended by inserting ‘‘all
buildings on the real property described under section
5102(d)’’ after ‘‘(including the Administrative Building
of the United States Botanic Garden)’’.
(ii) CAPITOL GROUNDS.—Section 5102 of title 40,
United States Code, is amended by adding at the end
the following:
‘‘(d) LIBRARY OF CONGRESS BUILDINGS AND GROUNDS.—
‘‘(1) IN GENERAL.—Except as provided under paragraph
(2), the United States Capitol Grounds shall include the Library
of Congress grounds described under section 11 of the Act
entitled ‘An Act relating to the policing of the buildings of
the Library of Congress’, approved August 4, 1950 (2 U.S.C.
167j).
‘‘(2) AUTHORITY OF LIBRARIAN OF CONGRESS.—Notwithstanding subsections (a) and (b), the Librarian of Congress
shall retain authority over the Library of Congress buildings
and grounds in accordance with section 1 of the Act of June
29, 1922 (2 U.S.C. 141; 42 Stat. 715).’’.
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PUBLIC LAW 110–161—DEC. 26, 2007
(iii) CONFORMING AMENDMENT RELATING TO DISCONDUCT.—Section 5104(e)(2) of title 40,
United States Code, is amended by striking subparagraph (C) and inserting the following:
‘‘(C) with the intent to disrupt the orderly conduct
of official business, enter or remain in a room in any
of the Capitol Buildings set aside or designated for
the use of—
‘‘(i) either House of Congress or a Member,
committee, officer, or employee of Congress, or
either House of Congress; or
‘‘(ii) the Library of Congress;’’.
(B) REPEAL OF OFFENSES AND PENALTIES SPECIFIC TO
THE LIBRARY OF CONGRESS.—Sections 2, 3, 4, 5, 6, and
8 of the Act of August 4, 1950 (2 U.S.C. 167a, 167b,
167c, 167d, 167e, and 167g) are repealed.
(C) SUSPENSION OF PROHIBITIONS AGAINST USE OF
LIBRARY OF CONGRESS BUILDINGS AND GROUNDS.—Section
10 of the Act of August 4, 1950 (2 U.S.C. 167i) is amended
by striking ‘‘2 to 6, inclusive, of this Act’’ and inserting
‘‘5103 and 5104 of title 40, United States Code’’.
(D) CONFORMING AMENDMENT TO DESCRIPTION OF
LIBRARY OF CONGRESS GROUNDS.—Section 11 of the Act
of August 4, 1950 (2 U.S.C. 167j) is amended—
(i) in subsection (a), by striking ‘‘For the purposes
of this Act the’’ and inserting ‘‘The’’;
(ii) in subsection (b), by striking ‘‘For the purposes
of this Act the’’ and inserting ‘‘The’’;
(iii) in subsection (c), by striking ‘‘For the purposes
of this Act the’’ and inserting ‘‘The’’; and
(iv) in subsection (d), by striking ‘‘For the purposes
of this Act the’’ and inserting ‘‘The’’.
(3) CONFORMING AMENDMENT RELATING TO JURISDICTION
OF INSPECTOR GENERAL OF LIBRARY OF CONGRESS.—Section
1307(b)(1) of the Legislative Branch Appropriations Act, 2006
(2 U.S.C. 185(b)), is amended by striking the semicolon at
the end and inserting the following: ‘‘, except that nothing
in this paragraph may be construed to authorize the Inspector
General to audit or investigate any operations or activities
of the United States Capitol Police;’’.
(4) EFFECTIVE DATE.—The amendments made by this section shall take effect October 1, 2009.
(e) COLLECTIONS, PHYSICAL SECURITY, CONTROL, AND PRESERVATION OF ORDER AND DECORUM WITHIN THE LIBRARY.—
(1) ESTABLISHMENT OF REGULATIONS.—The Librarian of
Congress shall establish standards and regulations for the physical security, control, and preservation of the Library of Congress collections and property, and for the maintenance of suitable order and decorum within Library of Congress.
(2) TREATMENT OF SECURITY SYSTEMS.—
(A) RESPONSIBILITY FOR SECURITY SYSTEMS.—In accordance with the authority of the Capitol Police and the
Librarian of Congress established under this section, the
amendments made by this section, and the provisions of
law referred to in subparagraph (C), the Chief of the Capitol
Police and the Librarian of Congress shall be responsible
for the operation of security systems at the Library of
ORDERLY
2 USC 167 note.
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2 USC 141b.
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PUBLIC LAW 110–161—DEC. 26, 2007
121 STAT. 2235
Congress buildings and grounds described under section
11 of the Act of August 4, 1950, in consultation and
coordination with each other, subject to the following:
(i) The Librarian of Congress shall be responsible
for the design of security systems for the control and
preservation of Library collections and property, subject to the review and approval of the Chief of the
Capitol Police.
(ii) The Librarian of Congress shall be responsible
for the operation of security systems at any building
or facility of the Library of Congress which is located
outside of the District of Columbia, subject to the
review and approval of the Chief of the Capitol Police.
(B) INITIAL PROPOSAL FOR OPERATION OF SYSTEMS.—
Not later than October 1, 2008, the Chief of the Capitol
Police, in coordination with the Librarian of Congress, shall
prepare and submit to the Committee on House Administration of the House of Representatives, the Committee
on Rules and Administration of the Senate, and the
Committees on Appropriations of the House of Representatives and the Senate an initial proposal for carrying out
this paragraph.
(C) PROVISIONS OF LAW.—The provisions of law referred
to in this subparagraph are as follows:
(i) Section 1 of the Act of June 29, 1922 (2 U.S.C.
141).
(ii) The undesignated provision under the heading
‘‘General Provision, This Chapter’’ in chapter 5 of title
II of division B of the Omnibus Consolidated and Emergency Supplemental Appropriations Act, 1999 (2 U.S.C.
141a).
(iii) Section 308 of the Legislative Branch Appropriations Act, 1996 (2 U.S.C. 1964).
(iv) Section 308 of the Legislative Branch Appropriations Act, 1997 (2 U.S.C. 1965).
(f) PAYMENT OF CAPITOL POLICE SERVICES PROVIDED IN
CONNECTION WITH RELATING TO LIBRARY OF CONGRESS SPECIAL
EVENTS.—
(1) PAYMENTS OF AMOUNTS DEPOSITED IN REVOLVING
FUND.—Section 102(e) of the Library of Congress Fiscal Operations Improvement Act of 2000 (2 U.S.C. 182b(e)) is amended
to read as follows:
‘‘(e) USE OF AMOUNTS.—
‘‘(1) IN GENERAL.—Except as provided in paragraph (2),
amounts in the accounts of the revolving fund under this section
shall be available to the Librarian, in amounts specified in
appropriations Acts and without fiscal year limitation, to carry
out the programs and activities covered by such accounts.
‘‘(2) SPECIAL RULE FOR PAYMENTS FOR CERTAIN CAPITOL
POLICE SERVICES.—In the case of any amount in the revolving
fund consisting of a payment received for services of the United
States Capitol Police in connection with a special event or
program described in subsection (a)(4), the Librarian shall
transfer such amount upon receipt to the Capitol Police for
deposit into the applicable appropriations accounts of the Capitol Police.’’.
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PUBLIC LAW 110–161—DEC. 26, 2007
(2) USE OF OTHER LIBRARY FUNDS TO MAKE PAYMENTS.—
In addition to amounts transferred pursuant to section 102(e)(2)
of the Library of Congress Fiscal Operations Improvement Act
of 2000 (as added by paragraph (1)), the Librarian of Congress
may transfer amounts made available for salaries and expenses
of the Library of Congress during a fiscal year to the applicable
appropriations accounts of the United States Capitol Police
in order to reimburse the Capitol Police for services provided
in connection with a special event or program described in
section 102(a)(4) of such Act.
(3) EFFECTIVE DATE.—The amendments made by this subsection shall apply with respect to services provided by the
United States Capitol Police on or after the date of the enactment of this Act.
(g) OTHER CONFORMING AMENDMENTS.—
(1) IN GENERAL.—Section 1015 of the Legislative Branch
Appropriations Act, 2003 (2 U.S.C. 1901 note) and section 1006
of the Legislative Branch Appropriations Act, 2004 (2 U.S.C.
1901 note; Public Law 108–83; 117 Stat. 1023) are repealed.
(2) EFFECTIVE DATE.—The amendments made by paragraph
(1) shall take effect October 1, 2009.
(h) DEFINITIONS.—In this section—
(1) the term ‘‘Act of August 4, 1950’’ means the Act entitled
‘‘An Act relating to the policing of the buildings and grounds
of the Library of Congress,’’ (2 U.S.C. 167 et seq.);
(2) the term ‘‘Library of Congress Police employee’’ means
an employee of the Library of Congress designated as police
under the first section of the Act of August 4, 1950 (2 U.S.C.
167);
(3) the term ‘‘Library of Congress Police civilian employee’’
means an employee of the Library of Congress Office of Security
and Emergency Preparedness who provides direct administrative support to, and is supervised by, the Library of Congress
Police, but shall not include an employee of the Library of
Congress who performs emergency preparedness or collections
control and preservation functions; and
(4) the term ‘‘transition period’’ means the period the first
day of which is the date of the enactment of this Act and
the final day of which is September 30, 2009.
2 USC 143c.
2 USC 182b note.
2 USC 1901 note.
2 USC 1901 note.
OFFICE OF COMPLIANCE
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SALARIES
AND
EXPENSES
For salaries and expenses of the Office of Compliance, as
authorized by section 305 of the Congressional Accountability Act
of 1995 (2 U.S.C. 1385), $3,350,000, of which $700,000 shall remain
available until September 30, 2009: Provided, That the Executive
Director of the Office of Compliance may, within the limits of
available appropriations, dispose of surplus or obsolete personal
property by interagency transfer, donation, or discarding: Provided
further, That not more than $500 may be expended on the certification of the Executive Director of the Office of Compliance in
connection with official representation and reception expenses.
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121 STAT. 2237
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ADMINISTRATIVE PROVISION
SEC. 1101. COMPENSATION OF BOARD AND OFFICERS OF THE
OFFICE OF COMPLIANCE. (a) MEMBERS OF THE BOARD OF DIRECTORS.—Section 301(g) of the Congressional Accountability Act of
1995 (2 U.S.C. 1381(g)) is amended by striking paragraph (1) and
inserting the following:
‘‘(1) PER DIEM.—
‘‘(A) RATE OF COMPENSATION FOR EACH DAY.—Each
member of the Board shall be compensated, for each day
(including travel time) during which such member is
engaged in the performance of the duties of the Board,
at a rate equal to the daily equivalent of the lesser of—
‘‘(i) the highest annual rate of compensation of
any officer of the Senate; or
‘‘(ii) the highest annual rate of compensation of
any officer of the House of Representatives.
‘‘(B) AUTHORITY TO PRORATE.—The rate of pay of a
member may be prorated based on the portion of the day
during which the member is engaged in the performance
of Board duties.’’.
(b) OFFICERS.—Section 302 of the Congressional Accountability
Act of 1995 (2 U.S.C. 1382) is amended—
(1) in subsection (a), by striking paragraph (2) and inserting
the following:
‘‘(2) COMPENSATION.—
‘‘(A) AUTHORITY TO FIX COMPENSATION.—The Chair
may fix the compensation of the Executive Director.
‘‘(B) LIMITATION.—The rate of pay for the Executive
Director may not exceed the lesser of—
‘‘(i) the highest annual rate of compensation of
any officer of the Senate; or
‘‘(ii) the highest annual rate of compensation of
any officer of the House of Representatives.’’;
(2) in subsection (b), by striking paragraph (3) and inserting
the following:
‘‘(3) COMPENSATION.—
‘‘(A) AUTHORITY TO FIX COMPENSATION.—The Chair
may fix the compensation of the Deputy Executive Directors.
‘‘(B) LIMITATION.—The rate of pay for a Deputy Executive Director may not exceed 96 percent of the lesser of—
‘‘(i) the highest annual rate of compensation of
any officer of the Senate; or
‘‘(ii) the highest annual rate of compensation of
any officer of the House of Representatives.’’;
(3) in subsection (c), by striking paragraph (2) and inserting
the following:
‘‘(2) COMPENSATION.—
‘‘(A) AUTHORITY TO FIX COMPENSATION.—The Chair
may fix the compensation of the General Counsel.
‘‘(B) LIMITATION.—The rate of pay for the General
Counsel may not exceed the lesser of—
‘‘(i) the highest annual rate of compensation of
any officer of the Senate; or
‘‘(ii) the highest annual rate of compensation of
any officer of the House of Representatives.’’; and
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PUBLIC LAW 110–161—DEC. 26, 2007
(4) in subsection (e), by striking ‘‘General Accounting Office’’
and inserting ‘‘Government Accountability Office’’.
CONGRESSIONAL BUDGET OFFICE
SALARIES
AND
EXPENSES
For salaries and expenses necessary for operation of the
Congressional Budget Office, including not more than $4,000 to
be expended on the certification of the Director of the Congressional
Budget Office in connection with official representation and reception expenses, $37,399,000.
ADMINISTRATIVE PROVISION
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2 USC 611 note.
SEC. 1201. EXECUTIVE EXCHANGE PROGRAM FOR THE CONGRESSIONAL BUDGET OFFICE. (a) IN GENERAL.—The Director of the
Congressional Budget Office may establish and conduct an executive
exchange program under which employees of the Office may be
assigned to private sector organizations, and employees of private
sector organizations may be assigned to the Office, for 1-year periods
to further the institutional interests of the Office or Congress,
including for the purpose of providing training to officers and
employees of the Office.
(b) LIMITATIONS AND CONDITIONS.—The Director of the Congressional Budget Office shall—
(1) limit the number of officers and employees who are
assigned to private sector organizations at any one time to
not more than 3;
(2) limit the number of employees from private sector
organizations who are assigned to the Office at any one time
to not more than 3;
(3) require that an employee of a private sector organization
assigned to the Office may not have access to any trade secrets
or to any other nonpublic information which is of commercial
value to the private sector organization from which such
employee is assigned; and
(4) approve employees to be detailed from the private sector
without regard to political affiliation and solely on the basis
of their fitness to perform their assigned duties.
(c) TREATMENT OF PRIVATE EMPLOYEES.—An employee of a
private sector organization assigned to the Office under the executive exchange program shall be considered to be an employee of
the Office for purposes of—
(1) chapter 73 of title 5, United States Code;
(2) sections 201, 203, 205, 207, 208, 209, 603, 606, 607,
643, 654, 1905, and 1913 of title 18, United States Code;
(3) sections 1343, 1344, and 1349(b) of title 31, United
States Code;
(4) chapter 171 of title 28, United States Code (commonly
referred to as the ‘‘Federal Tort Claims Act’’) and any other
Federal tort liability statute;
(5) the Ethics in Government Act of 1978 (5 U.S.C. App.);
and
(6) section 1043 of the Internal Revenue Code of 1986.
(d) TERMINATION OF ASSIGNMENTS.—No assignment under this
section shall commence after the end of the 2-year period beginning
on the date of enactment of this section.
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PUBLIC LAW 110–161—DEC. 26, 2007
121 STAT. 2239
(e) EFFECTIVE DATE.—Subject to subsection (d), this section
shall apply to fiscal year 2008 and each fiscal year thereafter.
ARCHITECT OF THE CAPITOL
GENERAL ADMINISTRATION
For salaries for the Architect of the Capitol, and other personal
services, at rates of pay provided by law; for surveys and studies
in connection with activities under the care of the Architect of
the Capitol; for all necessary expenses for the general and administrative support of the operations under the Architect of the Capitol
including the Botanic Garden; electrical substations of the Capitol,
Senate and House office buildings, and other facilities under the
jurisdiction of the Architect of the Capitol; including furnishings
and office equipment; including not more than $5,000 for official
reception and representation expenses, to be expended as the
Architect of the Capitol may approve; for purchase or exchange,
maintenance, and operation of a passenger motor vehicle,
$79,897,000, of which $400,000 shall remain available until September 30, 2012.
CAPITOL BUILDING
For all necessary expenses for the maintenance, care and operation of the Capitol, $24,090,000, of which $8,290,000 shall remain
available until September 30, 2012.
CAPITOL GROUNDS
For all necessary expenses for care and improvement of grounds
surrounding the Capitol, the Senate and House office buildings,
and the Capitol Power Plant, $10,090,000, of which $500,000 shall
remain available until September 30, 2012.
SENATE OFFICE BUILDINGS
For all necessary expenses for the maintenance, care and operation of Senate office buildings; and furniture and furnishings to
be expended under the control and supervision of the Architect
of the Capitol, $70,283,000, of which $14,400,000 shall remain
available until September 30, 2012.
HOUSE OFFICE BUILDINGS
For all necessary expenses for the maintenance, care and operation of the House office buildings, $65,635,000, of which
$25,400,000 shall remain available until September 30, 2012.
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CAPITOL POWER PLANT
For all necessary expenses for the maintenance, care and operation of the Capitol Power Plant; lighting, heating, power (including
the purchase of electrical energy) and water and sewer services
for the Capitol, Senate and House office buildings, Library of Congress buildings, and the grounds about the same, Botanic Garden,
Senate garage, and air conditioning refrigeration not supplied from
plants in any of such buildings; heating the Government Printing
Office and Washington City Post Office, and heating and chilled
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PUBLIC LAW 110–161—DEC. 26, 2007
water for air conditioning for the Supreme Court Building, the
Union Station complex, the Thurgood Marshall Federal Judiciary
Building and the Folger Shakespeare Library, expenses for which
shall be advanced or reimbursed upon request of the Architect
of the Capitol and amounts so received shall be deposited into
the Treasury to the credit of this appropriation, $85,310,000, of
which $3,155,000 shall remain available until September 30, 2012:
Provided, That not more than $8,000,000 of the funds credited
or to be reimbursed to this appropriation as herein provided shall
be available for obligation during fiscal year 2008.
LIBRARY BUILDINGS
AND
GROUNDS
For all necessary expenses for the mechanical and structural
maintenance, care and operation of the Library buildings and
grounds, $27,553,000, of which $4,890,000 shall remain available
until September 30, 2012.
CAPITOL POLICE BUILDINGS, GROUNDS,
AND
SECURITY
For all necessary expenses for the maintenance, care and operation of buildings, grounds and security enhancements of the United
States Capitol Police, wherever located, the Alternate Computer
Facility, and AOC security operations, $14,966,000, of which
$1,000,000 shall remain available until September 30, 2012.
BOTANIC GARDEN
For all necessary expenses for the maintenance, care and operation of the Botanic Garden and the nurseries, buildings, grounds,
and collections; and purchase and exchange, maintenance, repair,
and operation of a passenger motor vehicle; all under the direction
of the Joint Committee on the Library, $8,808,000: Provided, That
of the amount made available under this heading, the Architect
may obligate and expend such sums as may be necessary for the
maintenance, care and operation of the National Garden established
under section 307E of the Legislative Branch Appropriations Act,
1989 (2 U.S.C. 2146), upon vouchers approved by the Architect
or a duly authorized designee.
CAPITOL VISITOR CENTER
For an additional amount for the Capitol Visitor Center project,
$28,753,000, to remain available until expended, of which up to
$8,500,000 may be used for Capitol Visitor Center operations: Provided, That the Architect of the Capitol may not obligate any
of the funds which are made available for the Capitol Visitor
Center project without an obligation plan approved by the Committees on Appropriations of the Senate and House of Representatives.
ADMINISTRATIVE PROVISIONS
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Architect of the
Capitol Inspector
General Act of
2007.
2 USC 1808.
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SEC. 1301. INSPECTOR GENERAL OF THE ARCHITECT OF THE
CAPITOL. (a) SHORT TITLE.—This section may be cited as the
‘‘Architect of the Capitol Inspector General Act of 2007’’.
(b) OFFICE OF INSPECTOR GENERAL.—There is an Office of
Inspector General within the Office of the Architect of the Capitol
which is an independent objective office to—
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PUBLIC LAW 110–161—DEC. 26, 2007
121 STAT. 2241
(1) conduct and supervise audits and investigations relating
to the Architect of the Capitol;
(2) provide leadership and coordination and recommend
policies to promote economy, efficiency, and effectiveness; and
(3) provide a means of keeping the Architect of the Capitol
and the Congress fully and currently informed about problems
and deficiencies relating to the administration of programs
and operations of the Architect of the Capitol.
(c) APPOINTMENT OF INSPECTOR GENERAL; SUPERVISION;
REMOVAL.—
(1) APPOINTMENT AND SUPERVISION.—
(A) IN GENERAL.—There shall be at the head of the
Office of Inspector General, an Inspector General who shall
be appointed by the Architect of the Capitol, in consultation
with the Inspectors General of the Library of Congress,
Government Printing Office, Government Accountability
Office, and United States Capitol Police. The appointment
shall be made without regard to political affiliation and
solely on the basis of integrity and demonstrated ability
in accounting, auditing, financial analysis, law, management analysis, public administration, or investigations. The
Inspector General shall report to, and be under the general
supervision of, the Architect of the Capitol.
(B) AUDITS, INVESTIGATIONS, REPORTS, AND OTHER
DUTIES AND RESPONSIBILITIES.—The Architect of the Capitol
shall have no authority to prevent or prohibit the Inspector
General from—
(i) initiating, carrying out, or completing any audit
or investigation;
(ii) issuing any subpoena during the course of any
audit or investigation;
(iii) issuing any report; or
(iv) carrying out any other duty or responsibility
of the Inspector General under this section.
(2) REMOVAL.—The Inspector General may be removed from
office by the Architect of the Capitol. The Architect of the
Capitol shall, promptly upon such removal, communicate in
writing the reasons for any such removal to each House of
Congress.
(3) COMPENSATION.—The Inspector General shall be paid
at an annual rate of pay equal to $1,500 less than the annual
rate of pay of the Architect of the Capitol.
(d) DUTIES, RESPONSIBILITIES, AUTHORITY, AND REPORTS.—
(1) IN GENERAL.—Sections 4, 5 (other than subsections
(a)(13) and (e)(1)(B) thereof), 6 (other than subsection (a)(7)
and (8) thereof), and 7 of the Inspector General Act of 1978
(5 U.S.C. App.) shall apply to the Inspector General of the
Architect of the Capitol and the Office of such Inspector General
and such sections shall be applied to the Office of the Architect
of the Capitol and the Architect of the Capitol by substituting—
(A) ‘‘Office of the Architect of the Capitol’’ for
‘‘establishment’’; and
(B) ‘‘Architect of the Capitol’’ for ‘‘head of the establishment’’.
(2) EMPLOYEES.—The Inspector General, in carrying out
this section, is authorized to select, appoint, and employ such
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Deadline.
2 USC 1831 note.
Termination
date.
2 USC 1869.
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2 USC 1825.
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officers and employees (including consultants) as may be necessary for carrying out the functions, powers, and duties of
the Office of Inspector General subject to the provisions of
law governing selections, appointments, and employment in
the Office of the Architect of the Capitol.
(e) TRANSFERS.—All functions, personnel, and budget resources
of the Office of the Inspector General of the Architect of the Capitol
as in effect before the effective date of this section are transferred
to the Office of Inspector General described under subsection (b).
(f) REFERENCES.—References in any other Federal law, Executive order, rule, regulation, or delegation of authority, or any document of or relating to the Inspector General of the Architect of
the Capitol shall be deemed to refer to the Inspector General
as set forth under this section.
(g) FIRST APPOINTMENT.—By the date occurring 180 days after
the date of enactment of this Act, the Architect of the Capitol
shall appoint an individual to the position of Inspector General
of the Architect of the Capitol described under subparagraph (A)
of subsection (c)(1) in accordance with that subparagraph.
(h) EFFECTIVE DATE.—
(1) IN GENERAL.—Except as provided under paragraph (2),
this section shall take effect 180 days after the date of enactment of this Act and apply with respect to fiscal year 2008
and each fiscal year thereafter.
(2) FIRST APPOINTMENT.—Subsection (g) shall take effect
on the date of enactment of this Act and the Architect of
the Capitol shall take such actions as necessary after such
date of enactment to carry out that subsection.
SEC. 1302. FLEXIBLE WORK SCHEDULES. Notwithstanding section 6101 of title 5, United States Code, the Architect of the Capitol
may establish and conduct a pilot program to test flexible work
schedules within the Architect of the Capitol and Botanic Garden.
Such pilot program shall be in accordance with chapter 61 of
title 5, United States Code. This authority shall terminate effective
September 30, 2008.
SEC. 1303. TRAVEL AND TRANSPORTATION. (a) IN GENERAL.—
Section 5721(1) of title 5, United States Code, is amended—
(1) by redesignating subparagraphs (G) and (H) as subparagraphs (H) and (I), respectively; and
(2) by inserting after subparagraph (F) the following:
‘‘(G) the Architect of the Capitol;’’.
(b) DEMONSTRATION PROGRAM.—Section 521(1)(B) of the
National Energy Conservation Policy Act (42 U.S.C. 8241(1)(B))
is amended by striking ‘‘paragraphs (B) through (H)’’ and inserting
‘‘subparagraphs (B) through (I)’’.
SEC. 1304. ADVANCE PAYMENTS.—During fiscal year 2008 and
each succeeding fiscal year, following notification of the Committees
on Appropriations of the House of Representatives and the Senate,
the Architect of the Capitol may make payments in advance for
obligations of the Office of the Architect of the Capitol for subscription services if the Architect determines it to be more prompt,
efficient, or economical to do so.
SEC. 1305. CVC MAINTENANCE.—For maintenance purposes,
the Capitol Visitor Center (CVC) is considered an extension of
the Capitol Building, and the maintenance functions for the CVC’s
infrastructure is the responsibility of the Architect of the Capitol.
Starting in fiscal year 2008, and each fiscal year thereafter, the
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PUBLIC LAW 110–161—DEC. 26, 2007
121 STAT. 2243
CVC’s facilities maintenance budget and associated payroll will
be included with the Capitol Building’s appropriation budget, and
integrated in such a way as to facilitate the reporting of expenses
associated with the maintenance of the CVC facility.
SEC. 1306. LEASING AUTHORITY.—(a) Section 1102(b) of the
Legislative Branch Appropriations Act, 2004 (2 U.S.C. 1822(b))
is amended—
(1) in paragraph (1), by striking ‘‘Committee on Rules and
Administration’’ and inserting ‘‘Committees on Appropriations
and Rules and Administration’’;
(2) in paragraph (2), by striking ‘‘the House Office Building
Commission’’ and inserting ‘‘the Committee on Appropriations
of the House of Representatives and the House Office Building
Commission’’; and
(3) in paragraph (3), by striking the period at the end
and inserting ‘‘, for space to be leased for any other entity
under subsection (a).’’.
(b) The amendments made by subsection (a) shall take effect
as if included in the enactment of the Legislative Branch Appropriations Act, 2004.
SEC. 1307. EASEMENTS FOR RIGHTS-OF-WAY. (a) IN GENERAL.—
The Architect of the Capitol may grant, upon such terms as the
Architect of the Capitol considers advisable, including monetary
consideration, easements for rights-of-way over, in, and upon the
Capitol Grounds and any other public lands under the jurisdiction
and control of the Architect of the Capitol.
(b) LIMITATION.—No easement granted under this section may
include more land than is necessary for the easement.
(c) EASEMENT ACCOUNT.—There is established in the Treasury
an easement account for the Architect of the Capitol. The Architect
of the Capitol shall deposit in the account all proceeds received
relating to the granting of easements under this section. The proceeds deposited in that account shall be available to the Architect,
in such amounts and for such purposes provided in appropriations
acts.
(d) IN-KIND CONSIDERATION.—Subject to subsection (f), the
Architect may accept in-kind consideration instead of, or in addition
to, any monetary consideration, for any easement granted under
this section.
(e) TERMINATION OF EASEMENT.—The Architect of the Capitol
may terminate all or part of any easement granted under this
section for—
(1) failure to comply with the terms of the grant;
(2) nonuse for a 2-year period; or
(3) abandonment.
(f) APPROVAL.—The Architect of the Capitol may grant an easement for rights-of-way under subsection (a) upon submission of
written notice of intent to grant that easement and the amount
or type of consideration to be received, and approval by—
(1) the Committee on Rules and Administration of the
Senate for easements granted on property under Senate jurisdiction;
(2) the House Office Building Commission for property
under House of Representatives jurisdiction; and
(3) the Committee on Rules and Administration of the
Senate and the House Office Building Commission for easements granted on any other property.
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Effective dates.
2 USC 1822 note.
2 USC 1826.
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121 STAT. 2244
2 USC 1816a.
Applicability.
Appointment.
2 USC 1807.
PUBLIC LAW 110–161—DEC. 26, 2007
(g) EFFECTIVE DATE.—This section shall apply to fiscal year
2008 and each fiscal year thereafter.
SEC. 1308. DESIGN-BUILD CONTRACTS.—(a) Notwithstanding
any other provision of law, the Architect of the Capitol may use
the two-phase selection procedures authorized in section 303M of
the Federal Property and Administrative Services Act of 1949 (41
U.S.C. 253m) for entering into a contract for the design and
construction of a public building, facility, or work in the same
manner and under the same terms and conditions as the head
of an executive agency under such section.
(b) This section shall apply with respect to fiscal year 2008
and each succeeding fiscal year.
SEC. 1309. ASSISTANT TO THE CHIEF EXECUTIVE OFFICER FOR
VISITOR SERVICES. (a) DEFINITION.—In this section the term ‘‘Chief
Executive Officer’’ means the Chief Executive Officer for Visitor
Services established under section 6701 of the U.S. Troop Readiness,
Veterans’ Care, Katrina Recovery, and Iraq Accountability Appropriations Act of 2007 (2 U.S.C. 1806).
(b) ASSISTANT TO THE CHIEF EXECUTIVE OFFICER.—The
Architect of the Capitol shall—
(1) after consultation with the Chief Executive Officer,
appoint an assistant to perform the responsibilities of the Chief
Executive Officer during the absence or disability of the Chief
Executive Officer, or during a vacancy in the position of the
Chief Executive Officer; and
(2) fix the rate of basic pay for the position of the assistant
appointed under paragraph (1) at a rate not to exceed the
highest total rate of pay for the Senior Executive Service under
subchapter VIII of chapter 53 of title 5, United States Code,
for the locality involved.
(c) EFFECTIVE DATE.—This section shall apply to fiscal year
2008 and each fiscal year thereafter.
LIBRARY OF CONGRESS
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SALARIES
AND
EXPENSES
For necessary expenses of the Library of Congress not otherwise
provided for, including development and maintenance of the
Library’s catalogs; custody and custodial care of the Library
buildings; special clothing; cleaning, laundering and repair of uniforms; preservation of motion pictures in the custody of the Library;
operation and maintenance of the American Folklife Center in
the Library; preparation and distribution of catalog records and
other publications of the Library; hire or purchase of one passenger
motor vehicle; and expenses of the Library of Congress Trust Fund
Board not properly chargeable to the income of any trust fund
held by the Board, $395,784,000, of which not more than $6,000,000
shall be derived from collections credited to this appropriation
during fiscal year 2008, and shall remain available until expended,
under the Act of June 28, 1902 (chapter 1301; 32 Stat. 480; 2
U.S.C. 150) and not more than $350,000 shall be derived from
collections during fiscal year 2008 and shall remain available until
expended for the development and maintenance of an international
legal information database and activities related thereto: Provided,
That the Library of Congress may not obligate or expend any
funds derived from collections under the Act of June 28, 1902,
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PUBLIC LAW 110–161—DEC. 26, 2007
121 STAT. 2245
in excess of the amount authorized for obligation or expenditure
in appropriations Acts: Provided further, That the total amount
available for obligation shall be reduced by the amount by which
collections are less than $6,350,000: Provided further, That of the
total amount appropriated, $16,451,000 shall remain available until
September 30, 2010 for the partial acquisition of books, periodicals,
newspapers, and all other materials including subscriptions for
bibliographic services for the Library, including $40,000 to be available solely for the purchase, when specifically approved by the
Librarian, of special and unique materials for additions to the
collections: Provided further, That of the total amount appropriated,
not more than $12,000 may be expended, on the certification of
the Librarian of Congress, in connection with official representation
and reception expenses for the Overseas Field Offices: Provided
further, That of the total amount appropriated, $7,000,000 shall
remain available until expended for the digital collections and educational curricula program: Provided further, That of the total
amount appropriated, $750,000 shall remain available until
expended, and shall be transferred to the Abraham Lincoln
Bicentennial Commission for carrying out the purposes of Public
Law 106–173, of which $10,000 may be used for official representation and reception expenses of the Abraham Lincoln Bicentennial
Commission: Provided further, That of the total amount appropriated, $1,482,000 shall be used for the National Digital Information Infrastructure and Preservation Program: Provided further,
That of the total amount appropriated, $75,000 shall be used to
provide a grant to the Middle Eastern Text Initiative for translation
and publishing of middle eastern text: Provided further, That
$125,000 shall be used to provide a grant to the University of
Mississippi for the American Music Archives.
Grants.
Grants.
COPYRIGHT OFFICE
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SALARIES AND EXPENSES
For necessary expenses of the Copyright Office, $49,558,000,
of which not more than $29,826,000, to remain available until
expended, shall be derived from collections credited to this appropriation during fiscal year 2008 under section 708(d) of title 17,
United States Code: Provided, That not more than $10,000,000
shall be derived from prior year unobligated balances: Provided
further, That the Copyright Office may not obligate or expend
any funds derived from collections under such section, in excess
of the amount authorized for obligation or expenditure in appropriations Acts: Provided further, That not more than $4,398,000 shall
be derived from collections during fiscal year 2008 under sections
111(d)(2), 119(b)(2), 803(e), 1005, and 1316 of such title: Provided
further, That the total amount available for obligation shall be
reduced by the amount by which collections and unobligated balances are less than $44,224,000: Provided further, That not more
than $100,000 of the amount appropriated is available for the
maintenance of an ‘‘International Copyright Institute’’ in the Copyright Office of the Library of Congress for the purpose of training
nationals of developing countries in intellectual property laws and
policies: Provided further, That not more than $4,250 may be
expended, on the certification of the Librarian of Congress, in
connection with official representation and reception expenses for
activities of the International Copyright Institute and for copyright
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121 STAT. 2246
PUBLIC LAW 110–161—DEC. 26, 2007
delegations, visitors, and seminars: Provided further, That notwithstanding any provision of chapter 8 of title 17, United States Code,
any amounts made available under this heading which are attributable to royalty fees and payments received by the Copyright
Office pursuant to sections 111, 119, and chapter 10 of such title
may be used for the costs incurred in the administration of the
Copyright Royalty Judges program, with the exception of the costs
of salaries and benefits for the Copyright Royalty Judges and staff
under section 802(e).
CONGRESSIONAL RESEARCH SERVICE
SALARIES AND EXPENSES
For necessary expenses to carry out the provisions of section
203 of the Legislative Reorganization Act of 1946 (2 U.S.C. 166)
and to revise and extend the Annotated Constitution of the United
States of America, $102,601,000: Provided, That no part of such
amount may be used to pay any salary or expense in connection
with any publication, or preparation of material therefor (except
the Digest of Public General Bills), to be issued by the Library
of Congress unless such publication has obtained prior approval
of either the Committee on House Administration of the House
of Representatives or the Committee on Rules and Administration
of the Senate.
BOOKS
FOR THE
BLIND
AND
PHYSICALLY HANDICAPPED
SALARIES AND EXPENSES
For salaries and expenses to carry out the Act of March 3,
1931 (chapter 400; 46 Stat. 1487; 2 U.S.C. 135a), $67,091,000,
of which $20,704,000 shall remain available until expended, of
which $650,000 shall be available to contract to provide newspapers
to blind and physically handicapped residents at no cost to the
individual.
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ADMINISTRATIVE PROVISIONS
SEC. 1401. INCENTIVE AWARDS PROGRAM. Of the amounts appropriated to the Library of Congress in this Act, not more than
$5,000 may be expended, on the certification of the Librarian of
Congress, in connection with official representation and reception
expenses for the incentive awards program.
SEC. 1402. REIMBURSABLE AND REVOLVING FUND ACTIVITIES.
(a) IN GENERAL.—For fiscal year 2008, the obligational authority
of the Library of Congress for the activities described in subsection
(b) may not exceed $122,529,000.
(b) ACTIVITIES.—The activities referred to in subsection (a) are
reimbursable and revolving fund activities that are funded from
sources other than appropriations to the Library in appropriations
Acts for the legislative branch.
(c) TRANSFER OF FUNDS.—During fiscal year 2008, the Librarian
of Congress may temporarily transfer funds appropriated in this
Act, under the heading ‘‘Library of Congress’’, under the subheading
‘‘Salaries and Expenses’’, to the revolving fund for the FEDLINK
Program and the Federal Research Program established under section 103 of the Library of Congress Fiscal Operations Improvement
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PUBLIC LAW 110–161—DEC. 26, 2007
121 STAT. 2247
Act of 2000 (Public Law 106–481; 2 U.S.C. 182c): Provided, That
the total amount of such transfers may not exceed $1,900,000:
Provided further, That the appropriate revolving fund account shall
reimburse the Library for any amounts transferred to it before
the period of availability of the Library appropriation expires.
SEC. 1403. AUDIT REQUIREMENT. Section 207(e) of the Legislative Branch Appropriations Act, 1998 (2 U.S.C. 182(e)) is amended
to read as follows:
‘‘(e) AUDIT.—The revolving fund shall be subject to audit by
the Comptroller General at the Comptroller General’s discretion.’’.
SEC. 1404. TRANSFER AUTHORITY. (a) IN GENERAL.—Amounts
appropriated for fiscal year 2008 for the Library of Congress may
be transferred during fiscal year 2008 between any of the headings
under the heading ‘‘LIBRARY OF CONGRESS’’ upon the approval
of the Committees on Appropriations of the Senate and the House
of Representatives.
(b) LIMITATION.—Not more than 10 percent of the total amount
of funds appropriated to the account under any heading under
the heading ‘‘LIBRARY OF CONGRESS’’ for fiscal year 2008 may
be transferred from that account by all transfers made under subsection (a).
GOVERNMENT PRINTING OFFICE
CONGRESSIONAL PRINTING
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(INCLUDING
AND
BINDING
TRANSFER OF FUNDS)
For authorized printing and binding for the Congress and the
distribution of Congressional information in any format; printing
and binding for the Architect of the Capitol; expenses necessary
for preparing the semimonthly and session index to the Congressional Record, as authorized by law (section 902 of title 44, United
States Code); printing and binding of Government publications
authorized by law to be distributed to Members of Congress; and
printing, binding, and distribution of Government publications
authorized by law to be distributed without charge to the recipient,
$90,000,000: Provided, That this appropriation shall not be available for paper copies of the permanent edition of the Congressional
Record for individual Representatives, Resident Commissioners or
Delegates authorized under section 906 of title 44, United States
Code: Provided further, That this appropriation shall be available
for the payment of obligations incurred under the appropriations
for similar purposes for preceding fiscal years: Provided further,
That notwithstanding the 2-year limitation under section 718 of
title 44, United States Code, none of the funds appropriated or
made available under this Act or any other Act for printing and
binding and related services provided to Congress under chapter
7 of title 44, United States Code, may be expended to print a
document, report, or publication after the 27-month period beginning on the date that such document, report, or publication is
authorized by Congress to be printed, unless Congress reauthorizes
such printing in accordance with section 718 of title 44, United
States Code: Provided further, That any unobligated or unexpended
balances in this account or accounts for similar purposes for preceding fiscal years may be transferred to the Government Printing
Office revolving fund for carrying out the purposes of this heading,
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121 STAT. 2248
PUBLIC LAW 110–161—DEC. 26, 2007
subject to the approval of the Committees on Appropriations of
the House of Representatives and Senate.
OFFICE
OF
SUPERINTENDENT
OF
DOCUMENTS
SALARIES AND EXPENSES
(INCLUDING
TRANSFER OF FUNDS)
For expenses of the Office of Superintendent of Documents
necessary to provide for the cataloging and indexing of Government
publications and their distribution to the public, Members of Congress, other Government agencies, and designated depository and
international exchange libraries as authorized by law, $35,000,000:
Provided, That amounts of not more than $2,000,000 from current
year appropriations are authorized for producing and disseminating
Congressional serial sets and other related publications for fiscal
years 2006 and 2007 to depository and other designated libraries:
Provided further, That any unobligated or unexpended balances
in this account or accounts for similar purposes for preceding fiscal
years may be transferred to the Government Printing Office
revolving fund for carrying out the purposes of this heading, subject
to the approval of the Committees on Appropriations of the House
of Representatives and Senate.
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GOVERNMENT PRINTING OFFICE REVOLVING FUND
The Government Printing Office is hereby authorized to make
such expenditures, within the limits of funds available and in
accordance with law, and to make such contracts and commitments
without regard to fiscal year limitations as provided by section
9104 of title 31, United States Code, as may be necessary in
carrying out the programs and purposes set forth in the budget
for the current fiscal year for the Government Printing Office
revolving fund: Provided further, That not more than $5,000 may
be expended on the certification of the Public Printer in connection
with official representation and reception expenses: Provided further, That the revolving fund shall be available for the hire or
purchase of not more than 12 passenger motor vehicles: Provided
further, That expenditures in connection with travel expenses of
the advisory councils to the Public Printer shall be deemed necessary to carry out the provisions of title 44, United States Code:
Provided further, That the revolving fund shall be available for
temporary or intermittent services under section 3109(b) of title
5, United States Code, but at rates for individuals not more than
the daily equivalent of the annual rate of basic pay for level V
of the Executive Schedule under section 5316 of such title: Provided
further, That the revolving fund and the funds provided under
the headings ‘‘Office of Superintendent of Documents’’ and ‘‘Salaries
and Expenses’’ together may not be available for the full-time
equivalent employment of more than 2,621 work-years (or such
other number of work-years as the Public Printer may request,
subject to the approval of the Committees on Appropriations of
the House of Representatives and Senate): Provided further, That
activities financed through the revolving fund may provide information in any format: Provided further, That the revolving fund and
the funds provided under the headings ‘‘OFFICE OF SUPERINTENDENT
OF DOCUMENTS’’ and ‘‘SALARIES AND EXPENSES’’ may not be used
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PUBLIC LAW 110–161—DEC. 26, 2007
121 STAT. 2249
for contracted security services at GPO’s passport facility in the
District of Columbia.
GOVERNMENT ACCOUNTABILITY OFFICE
SALARIES
AND
EXPENSES
For necessary expenses of the Government Accountability
Office, including not more than $12,500 to be expended on the
certification of the Comptroller General of the United States in
connection with official representation and reception expenses; temporary or intermittent services under section 3109(b) of title 5,
United States Code, but at rates for individuals not more than
the daily equivalent of the annual rate of basic pay for level IV
of the Executive Schedule under section 5315 of such title; hire
of one passenger motor vehicle; advance payments in foreign countries in accordance with section 3324 of title 31, United States
Code; benefits comparable to those payable under sections 901(5),
(6), and (8) of the Foreign Service Act of 1980 (22 U.S.C. 4081(5),
(6), and (8)); and under regulations prescribed by the Comptroller
General of the United States, rental of living quarters in foreign
countries, $501,000,000: Provided, That not more than $5,413,000
of payments received under section 782 of title 31, United States
Code, shall be available for use in fiscal year 2008: Provided further,
That not more than $2,097,000 of reimbursements received under
section 9105 of title 31, United States Code, shall be available
for use in fiscal year 2008: Provided further, That of the total
amount provided, up to $2,500,000 is for technology assessment
studies: Provided further, That this appropriation and appropriations for administrative expenses of any other department or agency
which is a member of the National Intergovernmental Audit Forum
or a Regional Intergovernmental Audit Forum shall be available
to finance an appropriate share of either Forum’s costs as determined by the respective Forum, including necessary travel expenses
of non-Federal participants: Provided further, That payments hereunder to the Forum may be credited as reimbursements to any
appropriation from which costs involved are initially financed.
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ADMINISTRATIVE PROVISIONS
SEC. 1501. CONTRACT APPEALS BOARD. (a) DEFINITIONS.—In
this section—
(1) the term ‘‘Board’’ means the Contract Appeals Board
established under subsection (b); and
(2) the term ‘‘legislative branch agency’’ means—
(A) the Architect of the Capitol;
(B) the United States Botanic Gardens;
(C) the Government Accountability Office;
(D) the Government Printing Office;
(E) the Library of Congress;
(F) the Congressional Budget Office;
(G) the United States Capitol Police; and
(H) any other agency, including any office, board, or
commission, established in the legislative branch; and
(b) ESTABLISHMENT.—There is established a Contract Appeals
Board within the Government Accountability Office. The Board
shall hear and decide appeals from decisions of a contracting officer
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31 USC 702 note.
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121 STAT. 2250
Regulations.
2 USC 262o–2
note.
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50 USC app.
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PUBLIC LAW 110–161—DEC. 26, 2007
with respect to any contract entered into by a legislative branch
agency.
(c) MEMBERS OF THE BOARD.—
(1) APPOINTMENT.—The Comptroller General shall appoint
at least 3 members to the Contract Appeals Board.
(2) QUALIFICATIONS.—Each member shall have not less
than 5 years experience in public contract law.
(3) PAY.—Subject to any provision of law relating to pay
applicable to the Office of General Counsel of the Government
Accountability Office, the Comptroller General shall establish
and adjust the annual rate of basic pay of members of the
Board.
(d) PROVISIONS APPLICABLE TO APPEALS.—The Contract Disputes Act of 1978 (Public Law 95–563, 41 U.S.C. 601 et seq.),
as amended, shall apply to appeals to the Board, except that section
4, subsections 8(a), (b), and (c), and subsection 10(a) shall not
apply to such appeals and the amount of any claim referenced
in subsection 6(c) shall be $50,000. The Comptroller General shall
prescribe regulations for procedures for appeals to the Board that
are consistent with procedures under the Contract Disputes Act
of 1978.
(e) EFFECTIVE DATE.—This section shall apply with respect
to fiscal year 2008 and each fiscal year thereafter.
SEC. 1502. REPEAL AND MODIFICATION OF CERTAIN REPORTING
REQUIREMENTS. (a) ANNUAL REPORT BY GAO ON CONSISTENCY OF
IMF PRACTICES WITH STATUTORY POLICIES.—Section 504(e) of the
Consolidated Appropriations Act, 2000 (Public Law 106–113; 113
Stat. 1501A–318) is repealed.
(b) REVIEW OF PROPOSED CHANGES TO EXPORT THRESHOLDS
FOR COMPUTERS.—Section 314 of the Consolidated Appropriations
Act, 2001 (Public Law 106–554; 114 Stat. 2763A–123) is repealed.
(c) CONGRESSIONAL HUNGER FELLOWSHIP PROGRAM AUDIT.—
Section 4404(f)(4)(A) of the Congressional Hunger Fellows Act of
2002 (2 U.S.C. 1161(f)(4)(A); Public Law 107–171) is amended—
(1) by striking ‘‘shall’’ and inserting ‘‘may’’; and
(2) by striking ‘‘annual.’’.
(d) HAITIAN REFUGEE IMMIGRATION.—Section 902(k) of the Haitian Refugee Immigration Fairness Act of 1998 (8 U.S.C. 1255
note; Public Law 105–277) is repealed.
(e) AUDIT OF FINANCIAL TRANSACTIONS.—Section 11 of the
National Moment of Remembrance Act (36 U.S.C. 116 note; Public
Law 106–579) is repealed.
(f) LOSS RATIOS AND REFUND OF PREMIUMS.—Section 1882(r)(5)
of the Social Security Act (42 U.S.C. 1395ss(r)(5)) is amended—
(1) in subparagraph (A)—
(A) by striking ‘‘(A) The Comptroller General shall
periodically, not less than once every 3 years,’’ and inserting
‘‘The Secretary may’’; and
(B) by striking ‘‘and to the Secretary’’; and
(2) by striking subparagraph (B).
(g) RADIATION EXPOSURE COMPENSATION REPORTS.—Section 14
of the Radiation Exposure Compensation Act (42 U.S.C. 2210 note;
Public Law 101–426) is repealed.
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PUBLIC LAW 110–161—DEC. 26, 2007
121 STAT. 2251
OPEN WORLD LEADERSHIP CENTER TRUST FUND
For a payment to the Open World Leadership Center Trust
Fund for financing activities of the Open World Leadership Center
under section 313 of the Legislative Branch Appropriations Act,
2001 (2 U.S.C. 1151), $9,000,000: Provided, That not later than
March 31, 2008, the Board of Trustees of the Open World Leadership Center shall prepare and submit a report to the Committees
on Appropriations of the Senate and the House of Representatives
for potential options for transfer of the Open World Leadership
Center to a department or agency in the executive branch, establishment of the Center as an independent agency in the executive
branch, or other appropriate options.
Deadline.
Reports.
JOHN C. STENNIS CENTER FOR PUBLIC SERVICE TRAINING
AND DEVELOPMENT
For payment to the John C. Stennis Center for Public Service
Development Trust Fund established under section 116 of the John
C. Stennis Center for Public Service Training and Development
Act (2 U.S.C. 1105), $430,000.
TITLE II
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GENERAL PROVISIONS
SEC. 201. MAINTENANCE AND CARE OF PRIVATE VEHICLES. No
part of the funds appropriated in this Act shall be used for the
maintenance or care of private vehicles, except for emergency assistance and cleaning as may be provided under regulations relating
to parking facilities for the House of Representatives issued by
the Committee on House Administration and for the Senate issued
by the Committee on Rules and Administration.
SEC. 202. FISCAL YEAR LIMITATION. No part of the funds appropriated in this Act shall remain available for obligation beyond
fiscal year 2008 unless expressly so provided in this Act.
SEC. 203. RATES OF COMPENSATION AND DESIGNATION. Whenever in this Act any office or position not specifically established
by the Legislative Pay Act of 1929 (46 Stat. 32 et seq.) is appropriated for or the rate of compensation or designation of any office
or position appropriated for is different from that specifically established by such Act, the rate of compensation and the designation
in this Act shall be the permanent law with respect thereto: Provided, That the provisions in this Act for the various items of
official expenses of Members, officers, and committees of the Senate
and House of Representatives, and clerk hire for Senators and
Members of the House of Representatives shall be the permanent
law with respect thereto.
SEC. 204. CONSULTING SERVICES. The expenditure of any appropriation under this Act for any consulting service through procurement contract, under section 3109 of title 5, United States Code,
shall be limited to those contracts where such expenditures are
a matter of public record and available for public inspection, except
where otherwise provided under existing law, or under existing
Executive order issued under existing law.
SEC. 205. AWARDS AND SETTLEMENTS. Such sums as may be
necessary are appropriated to the account described in subsection
(a) of section 415 of the Congressional Accountability Act of 1995
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Contracts.
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121 STAT. 2252
PUBLIC LAW 110–161—DEC. 26, 2007
(2 U.S.C. 1415(a)) to pay awards and settlements as authorized
under such subsection.
SEC. 206. COSTS OF LBFMC. Amounts available for administrative expenses of any legislative branch entity which participates
in the Legislative Branch Financial Managers Council (LBFMC)
established by charter on March 26, 1996, shall be available to
finance an appropriate share of LBFMC costs as determined by
the LBFMC, except that the total LBFMC costs to be shared among
all participating legislative branch entities (in such allocations
among the entities as the entities may determine) may not exceed
$2,000.
SEC. 207. LANDSCAPE MAINTENANCE. The Architect of the Capitol, in consultation with the District of Columbia, is authorized
to maintain and improve the landscape features, excluding streets
and sidewalks, in the irregular shaped grassy areas bounded by
Washington Avenue, SW on the northeast, Second Street SW on
the west, Square 582 on the south, and the beginning of the I–
395 tunnel on the southeast.
SEC. 208. LIMITATION ON TRANSFERS. None of the funds made
available in this Act may be transferred to any department, agency,
or instrumentality of the United States Government, except pursuant to a transfer made by, or transfer authority provided in, this
Act or any other appropriation Act.
SEC. 209. GUIDED TOURS OF THE CAPITOL.—(a) Except as provided in subsection (b), none of the funds made available to the
Architect of the Capitol or the U.S. Capitol Guide Service and
Congressional Special Services Office in this Act may be used to
eliminate guided tours of the United States Capitol which are
led by employees and interns of offices of Members of Congress
and other offices of the House of Representatives and Senate.
(b) At the direction of the Capitol Police Board, or at the
direction of the Architect of the Capitol or Director of the U.S.
Capitol Guide Service and Congressional Special Services Office
with the approval of the Capitol Police Board, guided tours of
the United States Capitol which are led by employees and interns
described in subsection (a) may be suspended temporarily or otherwise subject to restriction for security or related reasons to the
same extent as guided tours of the United States Capitol which
are led by the Architect of the Capitol or the Capitol Guide Service.
SEC. 210. (a) RESCISSIONS.—There is hereby rescinded an
amount equal to 0.25 percent of the budget authority provided
for fiscal year 2008 for any discretionary account in title I of
this Act.
(b) PROPORTIONATE APPLICATION.—Any rescission made by subsection (a) shall be applied proportionately—
(1) to each discretionary account and each item of budget
authority described in such subsection; and
(2) within each such account and item, to each program,
project, and activity (with programs, projects, and activities
as delineated in the appropriation Act or accompanying reports
for the relevant fiscal year covering such account or item,
or for accounts and items not included in appropriation Acts,
as delineated in the most recently submitted President’s
budget).
(c) EXCEPTION.—This section shall not apply to section 1003
of title I of this Act.
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PUBLIC LAW 110–161—DEC. 26, 2007
121 STAT. 2253
(d) ADMINISTRATION OF ACROSS-THE-BOARD REDUCTIONS.—In
the administration of subsection (a), with respect to the budget
authority provided under the heading ‘‘SENATE’’ in title I of this
Act—
(1) the percentage rescissions under subsection (a) shall
apply to the total amount of all funds appropriated under
that heading; and
(2) the rescissions may be applied without regard to subsection (b).
This division may be cited as the ‘‘Legislative Branch Appropriations Act, 2008’’.
DIVISION I—MILITARY CONSTRUCTION AND VETERANS AFFAIRS AND RELATED AGENCIES APPROPRIATIONS ACT,
2008
TITLE I
Military
Construction and
Veterans Affairs
and Related
Agencies
Appropriations
Act, 2008.
DEPARTMENT OF DEFENSE
MILITARY CONSTRUCTION, ARMY
(INCLUDING
RESCISSION OF FUNDS)
For acquisition, construction, installation, and equipment of
temporary or permanent public works, military installations, facilities, and real property for the Army as currently authorized by
law, including personnel in the Army Corps of Engineers and other
personal services necessary for the purposes of this appropriation,
and for construction and operation of facilities in support of the
functions of the Commander in Chief, $3,936,583,000, to remain
available until September 30, 2012: Provided, That of this amount,
not to exceed $321,983,000 shall be available for study, planning,
design, architect and engineer services, and host nation support,
as authorized by law, unless the Secretary of Defense determines
that additional obligations are necessary for such purposes and
notifies the Committees on Appropriations of both Houses of Congress of the determination and the reasons therefor: Provided further, That of the funds appropriated for ‘‘Military Construction,
Army’’ under Public Law 110–5, $8,690,000 are hereby rescinded.
MILITARY CONSTRUCTION, NAVY
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(INCLUDING
AND
MARINE CORPS
RESCISSIONS OF FUNDS)
For acquisition, construction, installation, and equipment of
temporary or permanent public works, naval installations, facilities,
and real property for the Navy and Marine Corps as currently
authorized by law, including personnel in the Naval Facilities
Engineering Command and other personal services necessary for
the purposes of this appropriation, $2,198,394,000, to remain available until September 30, 2012: Provided, That of this amount,
not to exceed $113,017,000 shall be available for study, planning,
design, and architect and engineer services, as authorized by law,
unless the Secretary of Defense determines that additional obligations are necessary for such purposes and notifies the Committees
on Appropriations of both Houses of Congress of the determination
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Notification.
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121 STAT. 2254
PUBLIC LAW 110–161—DEC. 26, 2007
and the reasons therefor: Provided further, That of the funds appropriated for ‘‘Military Construction, Navy and Marine Corps’’ under
Public Law 108–132, $5,862,000; under Public Law 108–324,
$2,069,000; and under Public Law 110–5, $2,626,000 are hereby
rescinded.
MILITARY CONSTRUCTION, AIR FORCE
(INCLUDING
RESCISSIONS OF FUNDS)
For acquisition, construction, installation, and equipment of
temporary or permanent public works, military installations, facilities, and real property for the Air Force as currently authorized
by law, $1,159,747,000, to remain available until September 30,
2012: Provided, That of this amount, not to exceed $43,721,000
shall be available for study, planning, design, and architect and
engineer services, as authorized by law, unless the Secretary of
Defense determines that additional obligations are necessary for
such purposes and notifies the Committees on Appropriations of
both Houses of Congress of the determination and the reasons
therefor: Provided further, That of the funds appropriated for ‘‘Military Construction, Air Force’’ under Public Law 108–324,
$5,319,000; and under Public Law 110–5, $5,151,000 are hereby
rescinded.
MILITARY CONSTRUCTION, DEFENSE-WIDE
(INCLUDING
Notification.
TRANSFER AND RESCISSION OF FUNDS)
For acquisition, construction, installation, and equipment of
temporary or permanent public works, installations, facilities, and
real property for activities and agencies of the Department of
Defense (other than the military departments), as currently authorized by law, $1,609,596,000, to remain available until September
30, 2012: Provided, That such amounts of this appropriation as
may be determined by the Secretary of Defense may be transferred
to such appropriations of the Department of Defense available for
military construction or family housing as the Secretary may designate, to be merged with and to be available for the same purposes,
and for the same time period, as the appropriation or fund to
which transferred: Provided further, That of the amount appropriated, not to exceed $155,569,000 shall be available for study,
planning, design, and architect and engineer services, as authorized
by law, unless the Secretary of Defense determines that additional
obligations are necessary for such purposes and notifies the Committees on Appropriations of both Houses of Congress of the determination and the reasons therefor: Provided further, That of the funds
appropriated for ‘‘Military Construction, Defense-Wide’’ under
Public Law 110–5, $10,192,000 are hereby rescinded.
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MILITARY CONSTRUCTION, ARMY NATIONAL GUARD
For construction, acquisition, expansion, rehabilitation, and
conversion of facilities for the training and administration of the
Army National Guard, and contributions therefor, as authorized
by chapter 1803 of title 10, United States Code, and Military
Construction Authorization Acts, $536,656,000, to remain available
until September 30, 2012.
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PUBLIC LAW 110–161—DEC. 26, 2007
121 STAT. 2255
MILITARY CONSTRUCTION, AIR NATIONAL GUARD
For construction, acquisition, expansion, rehabilitation, and
conversion of facilities for the training and administration of the
Air National Guard, and contributions therefor, as authorized by
chapter 1803 of title 10, United States Code, and Military Construction Authorization Acts, $287,537,000, to remain available until
September 30, 2012.
MILITARY CONSTRUCTION, ARMY RESERVE
For construction, acquisition, expansion, rehabilitation, and
conversion of facilities for the training and administration of the
Army Reserve as authorized by chapter 1803 of title 10, United
States Code, and Military Construction Authorization Acts,
$148,133,000, to remain available until September 30, 2012.
MILITARY CONSTRUCTION, NAVY RESERVE
For construction, acquisition, expansion, rehabilitation, and
conversion of facilities for the training and administration of the
reserve components of the Navy and Marine Corps as authorized
by chapter 1803 of title 10, United States Code, and Military
Construction Authorization Acts, $64,430,000, to remain available
until September 30, 2012.
MILITARY CONSTRUCTION, AIR FORCE RESERVE
(INCLUDING
RESCISSION OF FUNDS)
For construction, acquisition, expansion, rehabilitation, and
conversion of facilities for the training and administration of the
Air Force Reserve as authorized by chapter 1803 of title 10, United
States Code, and Military Construction Authorization Acts,
$28,359,000, to remain available until September 30, 2012: Provided, That of the funds appropriated for ‘‘Military Construction,
Air Force Reserve’’ under Public Law 109–114, $3,069,000 are
hereby rescinded.
NORTH ATLANTIC TREATY ORGANIZATION SECURITY INVESTMENT
PROGRAM
For the United States share of the cost of the North Atlantic
Treaty Organization Security Investment Program for the acquisition and construction of military facilities and installations
(including international military headquarters) and for related
expenses for the collective defense of the North Atlantic Treaty
Area as authorized by section 2806 of title 10, United States Code,
and Military Construction Authorization Acts, $201,400,000, to
remain available until expended.
FAMILY HOUSING CONSTRUCTION, ARMY
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(INCLUDING
RESCISSION OF FUNDS)
For expenses of family housing for the Army for construction,
including acquisition, replacement, addition, expansion, extension,
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121 STAT. 2256
PUBLIC LAW 110–161—DEC. 26, 2007
and alteration, as authorized by law, $424,400,000, to remain available until September 30, 2012: Provided, That of the funds appropriated for ‘‘Family Housing Construction, Army’’ under Public Law
110–5, $4,559,000 are hereby rescinded.
FAMILY HOUSING OPERATION
AND
MAINTENANCE, ARMY
For expenses of family housing for the Army for operation
and maintenance, including debt payment, leasing, minor construction, principal and interest charges, and insurance premiums, as
authorized by law, $731,920,000.
FAMILY HOUSING CONSTRUCTION, NAVY
AND
MARINE CORPS
For expenses of family housing for the Navy and Marine Corps
for construction, including acquisition, replacement, addition,
expansion, extension, and alteration, as authorized by law,
$293,129,000, to remain available until September 30, 2012.
FAMILY HOUSING OPERATION AND MAINTENANCE, NAVY
MARINE CORPS
AND
For expenses of family housing for the Navy and Marine Corps
for operation and maintenance, including debt payment, leasing,
minor construction, principal and interest charges, and insurance
premiums, as authorized by law, $371,404,000.
FAMILY HOUSING CONSTRUCTION, AIR FORCE
(INCLUDING
RESCISSION OF FUNDS)
For expenses of family housing for the Air Force for construction, including acquisition, replacement, addition, expansion, extension, and alteration, as authorized by law, $327,747,000, to remain
available until September 30, 2012: Provided, That of the funds
appropriated for ‘‘Family Housing Construction, Air Force’’ under
Public Law 108–132, $15,000,000 are hereby rescinded.
FAMILY HOUSING OPERATION
AND
MAINTENANCE, AIR FORCE
For expenses of family housing for the Air Force for operation
and maintenance, including debt payment, leasing, minor construction, principal and interest charges, and insurance premiums, as
authorized by law, $688,335,000.
FAMILY HOUSING OPERATION
AND
MAINTENANCE, DEFENSE-WIDE
For expenses of family housing for the activities and agencies
of the Department of Defense (other than the military departments)
for operation and maintenance, leasing, and minor construction,
as authorized by law, $48,848,000.
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DEPARTMENT
OF
DEFENSE FAMILY HOUSING IMPROVEMENT FUND
For the Department of Defense Family Housing Improvement
Fund, $500,000, to remain available until expended, for family
housing initiatives undertaken pursuant to section 2883 of title
10, United States Code, providing alternative means of acquiring
and improving military family housing and supporting facilities.
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PUBLIC LAW 110–161—DEC. 26, 2007
121 STAT. 2257
CHEMICAL DEMILITARIZATION CONSTRUCTION, DEFENSE-WIDE
For expenses of construction, not otherwise provided for, necessary for the destruction of the United States stockpile of lethal
chemical agents and munitions in accordance with section 1412
of the Department of Defense Authorization Act, 1986 (50 U.S.C.
1521), and for the destruction of other chemical warfare materials
that are not in the chemical weapon stockpile, as currently authorized by law, $104,176,000, to remain available until September
30, 2012, which shall be only for the Assembled Chemical Weapons
Alternatives program.
DEPARTMENT
OF
DEFENSE BASE CLOSURE ACCOUNT 1990
For deposit into the Department of Defense Base Closure
Account 1990, established by section 2906(a)(1) of the Defense Base
Closure and Realignment Act of 1990 (10 U.S.C. 2687 note),
$295,689,000, to remain available until expended.
DEPARTMENT
OF
DEFENSE BASE CLOSURE ACCOUNT 2005
For deposit into the Department of Defense Base Closure
Account 2005, established by section 2906A(a)(1) of the Defense
Base Closure and Realignment Act of 1990 (10 U.S.C. 2687 note),
$7,235,591,000, to remain available until expended: Provided, That
the Department of Defense shall notify the Committees on Appropriations of both Houses of Congress 14 days prior to obligating
an amount for a construction project that exceeds or reduces the
amount identified for that project in the most recently submitted
budget request for this account by 20 percent or $2,000,000, whichever is less: Provided further, That the previous proviso shall not
apply to projects costing less than $5,000,000, except for those
projects not previously identified in any budget submission for
this account and exceeding the minor construction threshold under
10 U.S.C. 2805.
Notification.
Deadline.
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ADMINISTRATIVE PROVISIONS
SEC. 101. None of the funds made available in this title shall
be expended for payments under a cost-plus-a-fixed-fee contract
for construction, where cost estimates exceed $25,000, to be performed within the United States, except Alaska, without the specific
approval in writing of the Secretary of Defense setting forth the
reasons therefor.
SEC. 102. Funds made available in this title for construction
shall be available for hire of passenger motor vehicles.
SEC. 103. Funds made available in this title for construction
may be used for advances to the Federal Highway Administration,
Department of Transportation, for the construction of access roads
as authorized by section 210 of title 23, United States Code, when
projects authorized therein are certified as important to the national
defense by the Secretary of Defense.
SEC. 104. None of the funds made available in this title may
be used to begin construction of new bases in the United States
for which specific appropriations have not been made.
SEC. 105. None of the funds made available in this title shall
be used for purchase of land or land easements in excess of 100
percent of the value as determined by the Army Corps of Engineers
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121 STAT. 2258
Notification.
Notification.
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Notification.
Military
exercises.
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PUBLIC LAW 110–161—DEC. 26, 2007
or the Naval Facilities Engineering Command, except: (1) where
there is a determination of value by a Federal court; (2) purchases
negotiated by the Attorney General or the designee of the Attorney
General; (3) where the estimated value is less than $25,000; or
(4) as otherwise determined by the Secretary of Defense to be
in the public interest.
SEC. 106. None of the funds made available in this title shall
be used to: (1) acquire land; (2) provide for site preparation; or
(3) install utilities for any family housing, except housing for which
funds have been made available in annual Acts making appropriations for military construction.
SEC. 107. None of the funds made available in this title for
minor construction may be used to transfer or relocate any activity
from one base or installation to another, without prior notification
to the Committees on Appropriations of both Houses of Congress.
SEC. 108. None of the funds made available in this title may
be used for the procurement of steel for any construction project
or activity for which American steel producers, fabricators, and
manufacturers have been denied the opportunity to compete for
such steel procurement.
SEC. 109. None of the funds available to the Department of
Defense for military construction or family housing during the
current fiscal year may be used to pay real property taxes in
any foreign nation.
SEC. 110. None of the funds made available in this title may
be used to initiate a new installation overseas without prior notification to the Committees on Appropriations of both Houses of Congress.
SEC. 111. None of the funds made available in this title may
be obligated for architect and engineer contracts estimated by the
Government to exceed $500,000 for projects to be accomplished
in Japan, in any North Atlantic Treaty Organization member
country, or in countries bordering the Arabian Sea, unless such
contracts are awarded to United States firms or United States
firms in joint venture with host nation firms.
SEC. 112. None of the funds made available in this title for
military construction in the United States territories and possessions in the Pacific and on Kwajalein Atoll, or in countries bordering
the Arabian Sea, may be used to award any contract estimated
by the Government to exceed $1,000,000 to a foreign contractor:
Provided, That this section shall not be applicable to contract
awards for which the lowest responsive and responsible bid of
a United States contractor exceeds the lowest responsive and
responsible bid of a foreign contractor by greater than 20 percent:
Provided further, That this section shall not apply to contract
awards for military construction on Kwajalein Atoll for which the
lowest responsive and responsible bid is submitted by a Marshallese
contractor.
SEC. 113. The Secretary of Defense is to inform the appropriate
committees of both Houses of Congress, including the Committees
on Appropriations, of the plans and scope of any proposed military
exercise involving United States personnel 30 days prior to its
occurring, if amounts expended for construction, either temporary
or permanent, are anticipated to exceed $100,000.
SEC. 114. Not more than 20 percent of the funds made available
in this title which are limited for obligation during the current
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PUBLIC LAW 110–161—DEC. 26, 2007
121 STAT. 2259
fiscal year shall be obligated during the last two months of the
fiscal year.
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(INCLUDING
TRANSFER OF FUNDS)
SEC. 115. Funds appropriated to the Department of Defense
for construction in prior years shall be available for construction
authorized for each such military department by the authorizations
enacted into law during the current session of Congress.
SEC. 116. For military construction or family housing projects
that are being completed with funds otherwise expired or lapsed
for obligation, expired or lapsed funds may be used to pay the
cost of associated supervision, inspection, overhead, engineering
and design on those projects and on subsequent claims, if any.
SEC. 117. Notwithstanding any other provision of law, any
funds made available to a military department or defense agency
for the construction of military projects may be obligated for a
military construction project or contract, or for any portion of such
a project or contract, at any time before the end of the fourth
fiscal year after the fiscal year for which funds for such project
were made available, if the funds obligated for such project: (1)
are obligated from funds available for military construction projects;
and (2) do not exceed the amount appropriated for such project,
plus any amount by which the cost of such project is increased
pursuant to law.
SEC. 118. (a) The Secretary of Defense, in consultation with
the Secretary of State, shall submit to the Committees on Appropriations of both Houses of Congress, by February 15 of each
year, an annual report, in unclassified and, if necessary classified
form, on actions taken by the Department of Defense and the
Department of State during the previous fiscal year to encourage
host countries to assume a greater share of the common defense
burden of such countries and the United States.
(b) The report under subsection (a) shall include a description
of—
(1) attempts to secure cash and in-kind contributions from
host countries for military construction projects;
(2) attempts to achieve economic incentives offered by host
countries to encourage private investment for the benefit of
the United States Armed Forces;
(3) attempts to recover funds due to be paid to the United
States by host countries for assets deeded or otherwise imparted
to host countries upon the cessation of United States operations
at military installations;
(4) the amount spent by host countries on defense, in
dollars and in terms of the percent of gross domestic product
(GDP) of the host country; and
(5) for host countries that are members of the North
Atlantic Treaty Organization (NATO), the amount contributed
to NATO by host countries, in dollars and in terms of the
percent of the total NATO budget.
(c) In this section, the term ‘‘host country’’ means other member
countries of NATO, Japan, South Korea, and United States allies
bordering the Arabian Sea.
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Deadlines.
Reports.
22 USC 1928
note.
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121 STAT. 2260
PUBLIC LAW 110–161—DEC. 26, 2007
(INCLUDING
TRANSFER OF FUNDS)
SEC. 119. In addition to any other transfer authority available
to the Department of Defense, proceeds deposited to the Department
of Defense Base Closure Account established by section 207(a)(1)
of the Defense Authorization Amendments and Base Closure and
Realignment Act (10 U.S.C. 2687 note) pursuant to section
207(a)(2)(C) of such Act, may be transferred to the account established by section 2906(a)(1) of the Defense Base Closure and
Realignment Act of 1990 (10 U.S.C. 2687 note), to be merged
with, and to be available for the same purposes and the same
time period as that account.
(INCLUDING
Notification.
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Deadline.
Notice.
VerDate Aug 31 2005
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TRANSFER OF FUNDS)
SEC. 120. Subject to 30 days prior notification to the Committees on Appropriations of both Houses of Congress, such additional
amounts as may be determined by the Secretary of Defense may
be transferred to: (1) the Department of Defense Family Housing
Improvement Fund from amounts appropriated for construction
in ‘‘Family Housing’’ accounts, to be merged with and to be available
for the same purposes and for the same period of time as amounts
appropriated directly to the Fund; or (2) the Department of Defense
Military Unaccompanied Housing Improvement Fund from amounts
appropriated for construction of military unaccompanied housing
in ‘‘Military Construction’’ accounts, to be merged with and to
be available for the same purposes and for the same period of
time as amounts appropriated directly to the Fund: Provided, That
appropriations made available to the Funds shall be available to
cover the costs, as defined in section 502(5) of the Congressional
Budget Act of 1974, of direct loans or loan guarantees issued by
the Department of Defense pursuant to the provisions of subchapter
IV of chapter 169 of title 10, United States Code, pertaining to
alternative means of acquiring and improving military family
housing, military unaccompanied housing, and supporting facilities.
SEC. 121. (a) Not later than 60 days before issuing any solicitation for a contract with the private sector for military family housing
the Secretary of the military department concerned shall submit
to the Committees on Appropriations of both Houses of Congress
the notice described in subsection (b).
(b)(1) A notice referred to in subsection (a) is a notice of any
guarantee (including the making of mortgage or rental payments)
proposed to be made by the Secretary to the private party under
the contract involved in the event of—
(A) the closure or realignment of the installation for which
housing is provided under the contract;
(B) a reduction in force of units stationed at such installation; or
(C) the extended deployment overseas of units stationed
at such installation.
(2) Each notice under this subsection shall specify the nature
of the guarantee involved and assess the extent and likelihood,
if any, of the liability of the Federal Government with respect
to the guarantee.
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PUBLIC LAW 110–161—DEC. 26, 2007
(INCLUDING
121 STAT. 2261
TRANSFER OF FUNDS)
SEC. 122. In addition to any other transfer authority available
to the Department of Defense, amounts may be transferred from
the accounts established by sections 2906(a)(1) and 2906A(a)(1)
of the Defense Base Closure and Realignment Act of 1990 (10
U.S.C. 2687 note), to the fund established by section 1013(d) of
the Demonstration Cities and Metropolitan Development Act of
1966 (42 U.S.C. 3374) to pay for expenses associated with the
Homeowners Assistance Program. Any amounts transferred shall
be merged with and be available for the same purposes and for
the same time period as the fund to which transferred.
SEC. 123. Notwithstanding this or any other provision of law,
funds made available in this title for operation and maintenance
of family housing shall be the exclusive source of funds for repair
and maintenance of all family housing units, including general
or flag officer quarters: Provided, That not more than $35,000
per unit may be spent annually for the maintenance and repair
of any general or flag officer quarters without 30 days prior notification to the Committees on Appropriations of both Houses of Congress, except that an after-the-fact notification shall be submitted
if the limitation is exceeded solely due to costs associated with
environmental remediation that could not be reasonably anticipated
at the time of the budget submission: Provided further, That the
Under Secretary of Defense (Comptroller) is to report annually
to the Committees on Appropriations of both Houses of Congress
all operation and maintenance expenditures for each individual
general or flag officer quarters for the prior fiscal year.
SEC. 124. Whenever the Secretary of Defense or any other
official of the Department of Defense is requested by the subcommittee on Military Construction, Veterans Affairs, and Related
Agencies of the Committee on Appropriations of the House of Representatives or the subcommittee on Military Construction, Veterans Affairs, and Related Agencies of the Committee on Appropriations of the Senate to respond to a question or inquiry submitted
by the chairman or another member of that subcommittee pursuant
to a subcommittee hearing or other activity, the Secretary (or other
official) shall respond to the request, in writing, within 21 days
of the date on which the request is transmitted to the Secretary
(or other official).
SEC. 125. Amounts contained in the Ford Island Improvement
Account established by subsection (h) of section 2814 of title 10,
United States Code, are appropriated and shall be available until
expended for the purposes specified in subsection (i)(1) of such
section or until transferred pursuant to subsection (i)(3) of such
section.
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(INCLUDING
10 USC 2821
note.
Notification.
Reports.
Deadline.
Inquiry request.
Deadline.
TRANSFER OF FUNDS)
SEC. 126. None of the funds made available in this title, or
in any Act making appropriations for military construction which
remain available for obligation, may be obligated or expended to
carry out a military construction, land acquisition, or family housing
project at or for a military installation approved for closure, or
at a military installation for the purposes of supporting a function
that has been approved for realignment to another installation,
in 2005 under the Defense Base Closure and Realignment Act
of 1990 (part A of title XXIX of Public Law 101–510; 10 U.S.C.
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121 STAT. 2262
Notification.
Deadline.
PUBLIC LAW 110–161—DEC. 26, 2007
2687 note), unless such a project at a military installation approved
for realignment will support a continuing mission or function at
that installation or a new mission or function that is planned
for that installation, or unless the Secretary of Defense certifies
that the cost to the United States of carrying out such project
would be less than the cost to the United States of cancelling
such project, or if the project is at an active component base that
shall be established as an enclave or in the case of projects having
multi-agency use, that another Government agency has indicated
it will assume ownership of the completed project. The Secretary
of Defense may not transfer funds made available as a result
of this limitation from any military construction project, land
acquisition, or family housing project to another account or use
such funds for another purpose or project without the prior approval
of the Committees on Appropriations of both Houses of Congress.
This section shall not apply to military construction projects, land
acquisition, or family housing projects for which the project is
vital to the national security or the protection of health, safety,
or environmental quality: Provided, That the Secretary of Defense
shall notify the congressional defense committees within seven days
of a decision to carry out such a military construction project.
(INCLUDING
TRANSFER OF FUNDS)
SEC. 127. During the 5-year period after appropriations available in this Act to the Department of Defense for military construction and family housing operation and maintenance and construction have expired for obligation, upon a determination that such
appropriations will not be necessary for the liquidation of obligations
or for making authorized adjustments to such appropriations for
obligations incurred during the period of availability of such appropriations, unobligated balances of such appropriations may be transferred into the appropriation ‘‘Foreign Currency Fluctuations,
Construction, Defense’’, to be merged with and to be available
for the same time period and for the same purposes as the appropriation to which transferred.
SEC. 128. None of the funds in this title shall be used for
any activity related to the construction of an Outlying Landing
Field in Washington County, North Carolina.
TITLE II
DEPARTMENT OF VETERANS AFFAIRS
VETERANS BENEFITS ADMINISTRATION
COMPENSATION AND PENSIONS
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(INCLUDING
TRANSFER OF FUNDS)
For the payment of compensation benefits to or on behalf of
veterans and a pilot program for disability examinations as authorized by section 107 and chapters 11, 13, 18, 51, 53, 55, and 61
of title 38, United States Code; pension benefits to or on behalf
of veterans as authorized by chapters 15, 51, 53, 55, and 61 of
title 38, United States Code; and burial benefits, the Reinstated
Entitlement Program for Survivors, emergency and other officers’
retirement pay, adjusted-service credits and certificates, payment
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PUBLIC LAW 110–161—DEC. 26, 2007
121 STAT. 2263
of premiums due on commercial life insurance policies guaranteed
under the provisions of title IV of the Servicemembers Civil Relief
Act (50 U.S.C. App. 541 et seq.) and for other benefits as authorized
by sections 107, 1312, 1977, and 2106, and chapters 23, 51, 53,
55, and 61 of title 38, United States Code, $41,236,322,000, to
remain available until expended: Provided, That not to exceed
$28,583,000 of the amount appropriated under this heading shall
be reimbursed to ‘‘General operating expenses’’ and ‘‘Medical
administration’’ for necessary expenses in implementing the provisions of chapters 51, 53, and 55 of title 38, United States Code,
the funding source for which is specifically provided as the ‘‘Compensation and pensions’’ appropriation: Provided further, That such
sums as may be earned on an actual qualifying patient basis,
shall be reimbursed to ‘‘Medical care collections fund’’ to augment
the funding of individual medical facilities for nursing home care
provided to pensioners as authorized.
READJUSTMENT BENEFITS
For the payment of readjustment and rehabilitation benefits
to or on behalf of veterans as authorized by chapters 21, 30, 31,
34, 35, 36, 39, 51, 53, 55, and 61 of title 38, United States Code,
$3,300,289,000, to remain available until expended: Provided, That
expenses for rehabilitation program services and assistance which
the Secretary is authorized to provide under subsection (a) of section
3104 of title 38, United States Code, other than under paragraphs
(1), (2), (5), and (11) of that subsection, shall be charged to this
account.
VETERANS INSURANCE AND INDEMNITIES
For military and naval insurance, national service life insurance, servicemen’s indemnities, service-disabled veterans insurance,
and veterans mortgage life insurance as authorized by title 38,
United States Code, chapters 19 and 21, $41,250,000, to remain
available until expended.
VETERANS HOUSING BENEFIT PROGRAM FUND PROGRAM ACCOUNT
For the cost of direct and guaranteed loans, such sums as
may be necessary to carry out the program, as authorized by subchapters I through III of chapter 37 of title 38, United States
Code: Provided, That such costs, including the cost of modifying
such loans, shall be as defined in section 502 of the Congressional
Budget Act of 1974: Provided further, That during fiscal year 2008,
within the resources available, not to exceed $500,000 in gross
obligations for direct loans are authorized for specially adapted
housing loans.
In addition, for administrative expenses to carry out the direct
and guaranteed loan programs, $154,562,000.
VOCATIONAL REHABILITATION LOANS PROGRAM ACCOUNT
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(INCLUDING
TRANSFER OF FUNDS)
For the cost of direct loans, $71,000, as authorized by chapter
31 of title 38, United States Code: Provided, That such costs,
including the cost of modifying such loans, shall be as defined
in section 502 of the Congressional Budget Act of 1974: Provided
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121 STAT. 2264
PUBLIC LAW 110–161—DEC. 26, 2007
further, That funds made available under this heading are available
to subsidize gross obligations for the principal amount of direct
loans not to exceed $3,287,000.
In addition, for administrative expenses necessary to carry
out the direct loan program, $311,000, which may be transferred
to and merged with the appropriation for ‘‘General operating
expenses’’.
NATIVE AMERICAN VETERAN HOUSING LOAN PROGRAM ACCOUNT
For administrative expenses to carry out the direct loan program authorized by subchapter V of chapter 37 of title 38, United
States Code, $628,000.
GUARANTEED TRANSITIONAL HOUSING LOANS FOR HOMELESS
VETERANS PROGRAM ACCOUNT
For the administrative expenses to carry out the guaranteed
transitional housing loan program authorized by subchapter VI
of chapter 20 of title 38, United States Code, not to exceed $750,000
of the amounts appropriated by this Act for ‘‘General operating
expenses’’ and ‘‘Medical administration’’ may be expended.
VETERANS HEALTH ADMINISTRATION
MEDICAL SERVICES
(INCLUDING
Priorities.
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Priorities.
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TRANSFER OF FUNDS)
For necessary expenses for furnishing, as authorized by law,
inpatient and outpatient care and treatment to beneficiaries of
the Department of Veterans Affairs and veterans described in section 1705(a) of title 38, United States Code, including care and
treatment in facilities not under the jurisdiction of the Department,
and including medical supplies and equipment, food services, and
salaries and expenses of health-care employees hired under title
38, United States Code, and aid to State homes as authorized
by section 1741 of title 38, United States Code; $29,104,220,000,
plus reimbursements, of which not less than $2,900,000,000 shall
be expended for specialty mental health care and not less than
$130,000,000 shall be expended for the homeless grants and per
diem program: Provided, That of the funds made available under
this heading, not to exceed $1,350,000,000 shall be available until
September 30, 2009: Provided further, That, notwithstanding any
other provision of law, the Secretary of Veterans Affairs shall establish a priority for the provision of medical treatment for veterans
who have service-connected disabilities, lower income, or have special needs: Provided further, That, notwithstanding any other provision of law, the Secretary of Veterans Affairs shall give priority
funding for the provision of basic medical benefits to veterans
in enrollment priority groups 1 through 6: Provided further, That,
notwithstanding any other provision of law, the Secretary of Veterans Affairs may authorize the dispensing of prescription drugs
from Veterans Health Administration facilities to enrolled veterans
with privately written prescriptions based on requirements established by the Secretary: Provided further, That the implementation
of the program described in the previous proviso shall incur no
additional cost to the Department of Veterans Affairs: Provided
further, That for the Department of Defense/Department of Veterans
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PUBLIC LAW 110–161—DEC. 26, 2007
121 STAT. 2265
Affairs Health Care Sharing Incentive Fund, as authorized by section 8111(d) of title 38, United States Code, a minimum of
$15,000,000, to remain available until expended, for any purpose
authorized by section 8111 of title 38, United States Code.
MEDICAL ADMINISTRATION
For necessary expenses in the administration of the medical,
hospital, nursing home, domiciliary, construction, supply, and
research activities, as authorized by law; administrative expenses
in support of capital policy activities; and administrative and legal
expenses of the Department for collecting and recovering amounts
owed the Department as authorized under chapter 17 of title 38,
United States Code, and the Federal Medical Care Recovery Act
(42 U.S.C. 2651 et seq.): $3,517,000,000, plus reimbursements, of
which $250,000,000 shall be available until September 30, 2009.
MEDICAL FACILITIES
For necessary expenses for the maintenance and operation of
hospitals, nursing homes, and domiciliary facilities and other necessary facilities of the Veterans Health Administration; for administrative expenses in support of planning, design, project management, real property acquisition and disposition, construction, and
renovation of any facility under the jurisdiction or for the use
of the Department; for oversight, engineering, and architectural
activities not charged to project costs; for repairing, altering,
improving, or providing facilities in the several hospitals and homes
under the jurisdiction of the Department, not otherwise provided
for, either by contract or by the hire of temporary employees and
purchase of materials; for leases of facilities; and for laundry services, $4,100,000,000, plus reimbursements, of which $350,000,000
shall be available until September 30, 2009: Provided, That
$325,000,000 for non-recurring maintenance provided under this
heading shall be allocated in a manner not subject to the Veterans
Equitable Resource Allocation.
MEDICAL AND PROSTHETIC RESEARCH
For necessary expenses in carrying out programs of medical
and prosthetic research and development as authorized by chapter
73 of title 38, United States Code, $480,000,000, plus reimbursements, to remain available until September 30, 2009.
NATIONAL CEMETERY ADMINISTRATION
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For necessary expenses of the National Cemetery Administration for operations and maintenance, not otherwise provided for,
including uniforms or allowances therefor; cemeterial expenses as
authorized by law; purchase of one passenger motor vehicle for
use in cemeterial operations; and hire of passenger motor vehicles,
$195,000,000, of which not to exceed $20,000,000 shall be available
until September 30, 2009.
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121 STAT. 2266
PUBLIC LAW 110–161—DEC. 26, 2007
DEPARTMENTAL ADMINISTRATION
GENERAL OPERATING EXPENSES
For necessary operating expenses of the Department of Veterans Affairs, not otherwise provided for, including administrative
expenses in support of Department-Wide capital planning, management and policy activities, uniforms, or allowances therefor; not
to exceed $25,000 for official reception and representation expenses;
hire of passenger motor vehicles; and reimbursement of the General
Services Administration for security guard services, and the Department of Defense for the cost of overseas employee mail,
$1,605,000,000: Provided, That expenses for services and assistance
authorized under paragraphs (1), (2), (5), and (11) of section 3104(a)
of title 38, United States Code, that the Secretary of Veterans
Affairs determines are necessary to enable entitled veterans: (1)
to the maximum extent feasible, to become employable and to
obtain and maintain suitable employment; or (2) to achieve maximum independence in daily living, shall be charged to this account:
Provided further, That the Veterans Benefits Administration shall
be funded at not less than $1,327,001,000: Provided further, That
of the funds made available under this heading, not to exceed
$75,000,000 shall be available for obligation until September 30,
2009: Provided further, That from the funds made available under
this heading, the Veterans Benefits Administration may purchase
(on a one-for-one replacement basis only) up to two passenger
motor vehicles for use in operations of that Administration in
Manila, Philippines.
INFORMATION TECHNOLOGY SYSTEMS
Expenditure
plan.
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Deadline.
Reprogramming
letter.
VerDate Aug 31 2005
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For necessary expenses for information technology systems and
telecommunications support, including developmental information
systems and operational information systems; including pay and
associated cost for operations and maintenance associated staff;
for the capital asset acquisition of information technology systems,
including management and related contractual costs of said acquisitions, including contractual costs associated with operations authorized by section 3109 of title 5, United States Code, $1,966,465,000,
to be available until September 30, 2009: Provided, That none
of these funds may be obligated until the Department of Veterans
Affairs submits to the Committees on Appropriations of both Houses
of Congress, and such Committees approve, a plan for expenditure
that: (1) meets the capital planning and investment control review
requirements established by the Office of Management and Budget;
(2) complies with the Department of Veterans Affairs enterprise
architecture; (3) conforms with an established enterprise life cycle
methodology; and (4) complies with the acquisition rules, requirements, guidelines, and systems acquisition management practices
of the Federal Government: Provided further, That within 30 days
of enactment of this Act, the Secretary of Veterans Affairs shall
submit to the Committees on Appropriations of both Houses of
Congress a reprogramming base letter which provides, by project,
the costs included in this appropriation.
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PUBLIC LAW 110–161—DEC. 26, 2007
121 STAT. 2267
OFFICE OF INSPECTOR GENERAL
For necessary expenses of the Office of Inspector General, to
include information technology, in carrying out the provisions of
the Inspector General Act of 1978 (5 U.S.C. App.), $80,500,000,
of which $5,000,000 shall be available until September 30, 2009.
CONSTRUCTION, MAJOR PROJECTS
For constructing, altering, extending, and improving any of
the facilities, including parking projects, under the jurisdiction or
for the use of the Department of Veterans Affairs, or for any
of the purposes set forth in sections 316, 2404, 2406, 8102, 8103,
8106, 8108, 8109, 8110, and 8122 of title 38, United States Code,
including planning, architectural and engineering services,
construction management services, maintenance or guarantee
period services costs associated with equipment guarantees provided
under the project, services of claims analysts, offsite utility and
storm drainage system construction costs, and site acquisition,
where the estimated cost of a project is more than the amount
set forth in section 8104(a)(3)(A) of title 38, United States Code,
or where funds for a project were made available in a previous
major project appropriation, $1,069,100,000, to remain available
until expended, of which $2,000,000 shall be to make reimbursements as provided in section 13 of the Contract Disputes Act of
1978 (41 U.S.C. 612) for claims paid for contract disputes: Provided,
That except for advance planning activities, including needs assessments which may or may not lead to capital investments, and
other capital asset management related activities, including portfolio development and management activities, and investment
strategy studies funded through the advance planning fund and
the planning and design activities funded through the design fund,
including needs assessments which may or may not lead to capital
investments, none of the funds appropriated under this heading
shall be used for any project which has not been approved by
the Congress in the budgetary process: Provided further, That funds
provided in this appropriation for fiscal year 2008, for each approved
project shall be obligated: (1) by the awarding of a construction
documents contract by September 30, 2008; and (2) by the awarding
of a construction contract by September 30, 2009: Provided further,
That the Secretary of Veterans Affairs shall promptly submit to
the Committees on Appropriations of both Houses of Congress a
written report on any approved major construction project for which
obligations are not incurred within the time limitations established
above: Provided further, That none of the funds appropriated in
this or any other Act may be used to reduce the mission, services,
or infrastructure, including land, of the 18 facilities on the Capital
Asset Realignment for Enhanced Services (CARES) list requiring
further study, as specified by the Secretary of Veterans Affairs,
without prior approval of the Committees on Appropriations of
both Houses of Congress.
Deadlines.
Contracts.
Reports.
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CONSTRUCTION, MINOR PROJECTS
For constructing, altering, extending, and improving any of
the facilities, including parking projects, under the jurisdiction or
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121 STAT. 2268
PUBLIC LAW 110–161—DEC. 26, 2007
for the use of the Department of Veterans Affairs, including planning and assessments of needs which may lead to capital investments, architectural and engineering services, maintenance or guarantee period services costs associated with equipment guarantees
provided under the project, services of claims analysts, offsite utility
and storm drainage system construction costs, and site acquisition,
or for any of the purposes set forth in sections 316, 2404, 2406,
8102, 8103, 8106, 8108, 8109, 8110, 8122, and 8162 of title 38,
United States Code, where the estimated cost of a project is equal
to or less than the amount set forth in section 8104(a)(3)(A) of
title 38, United States Code, $630,535,000, to remain available
until expended, along with unobligated balances of previous
‘‘Construction, minor projects’’ appropriations which are hereby
made available for any project where the estimated cost is equal
to or less than the amount set forth in such section: Provided,
That funds in this account shall be available for: (1) repairs to
any of the nonmedical facilities under the jurisdiction or for the
use of the Department which are necessary because of loss or
damage caused by any natural disaster or catastrophe; and (2)
temporary measures necessary to prevent or to minimize further
loss by such causes.
GRANTS FOR CONSTRUCTION OF STATE EXTENDED CARE FACILITIES
For grants to assist States to acquire or construct State nursing
home and domiciliary facilities and to remodel, modify, or alter
existing hospital, nursing home, and domiciliary facilities in State
homes, for furnishing care to veterans as authorized by sections
8131 through 8137 of title 38, United States Code, $165,000,000,
to remain available until expended.
GRANTS FOR CONSTRUCTION OF STATE VETERANS CEMETERIES
For grants to assist States in establishing, expanding, or
improving State veterans cemeteries as authorized by section 2408
of title 38, United States Code, $39,500,000, to remain available
until expended.
ADMINISTRATIVE PROVISIONS
(INCLUDING
Transfer
authority.
Deadline.
SEC. 201. Any appropriation for fiscal year 2008 for ‘‘Compensation and pensions’’, ‘‘Readjustment benefits’’, and ‘‘Veterans insurance and indemnities’’ may be transferred as necessary to any
other of the mentioned appropriations: Provided, That before a
transfer may take place, the Secretary of Veterans Affairs shall
request from the Committees on Appropriations of both Houses
of Congress the authority to make the transfer and such Committees
issue an approval, or absent a response, a period of 30 days has
elapsed.
(INCLUDING
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TRANSFER OF FUNDS)
TRANSFER OF FUNDS)
SEC. 202. Amounts made available for fiscal year 2008, in
this Act or any other Act, under the ‘‘Medical services’’, ‘‘Medical
Administration’’, and ‘‘Medical facilities’’ accounts may be transferred among the accounts to the extent necessary to implement
the restructuring of the Veterans Health Administration accounts:
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PUBLIC LAW 110–161—DEC. 26, 2007
121 STAT. 2269
Provided, That before a transfer may take place, the Secretary
of Veterans Affairs shall request from the Committees on Appropriations of both Houses of Congress the authority to make the transfer
and an approval is issued.
SEC. 203. Appropriations available in this title for salaries
and expenses shall be available for services authorized by section
3109 of title 5, United States Code, hire of passenger motor vehicles;
lease of a facility or land or both; and uniforms or allowances
therefore, as authorized by sections 5901 through 5902 of title
5, United States Code.
SEC. 204. No appropriations in this title (except the appropriations for ‘‘Construction, major projects’’, and ‘‘Construction, minor
projects’’) shall be available for the purchase of any site for or
toward the construction of any new hospital or home.
SEC. 205. No appropriations in this title shall be available
for hospitalization or examination of any persons (except beneficiaries entitled to such hospitalization or examination under the
laws providing such benefits to veterans, and persons receiving
such treatment under sections 7901 through 7904 of title 5, United
States Code, or the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.)), unless reimbursement of the cost of such hospitalization or examination is made
to the ‘‘Medical services’’ account at such rates as may be fixed
by the Secretary of Veterans Affairs.
SEC. 206. Appropriations available in this title for ‘‘Compensation and pensions’’, ‘‘Readjustment benefits’’, and ‘‘Veterans insurance and indemnities’’ shall be available for payment of prior year
accrued obligations required to be recorded by law against the
corresponding prior year accounts within the last quarter of fiscal
year 2007.
SEC. 207. Appropriations available in this title shall be available
to pay prior year obligations of corresponding prior year appropriations accounts resulting from sections 3328(a), 3334, and 3712(a)
of title 31, United States Code, except that if such obligations
are from trust fund accounts they shall be payable only from ‘‘Compensation and pensions’’.
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(INCLUDING
Transfer
authority.
TRANSFER OF FUNDS)
SEC. 208. Notwithstanding any other provision of law, during
fiscal year 2008, the Secretary of Veterans Affairs shall, from the
National Service Life Insurance Fund (38 U.S.C. 1920), the Veterans’ Special Life Insurance Fund (38 U.S.C. 1923), and the United
States Government Life Insurance Fund (38 U.S.C. 1955), reimburse
the ‘‘General operating expenses’’ account for the cost of administration of the insurance programs financed through those accounts:
Provided, That reimbursement shall be made only from the surplus
earnings accumulated in such an insurance program during fiscal
year 2008 that are available for dividends in that program after
claims have been paid and actuarially determined reserves have
been set aside: Provided further, That if the cost of administration
of such an insurance program exceeds the amount of surplus
earnings accumulated in that program, reimbursement shall be
made only to the extent of such surplus earnings: Provided further,
That the Secretary shall determine the cost of administration for
fiscal year 2008 which is properly allocable to the provision of
each such insurance program and to the provision of any total
disability income insurance included in that insurance program.
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121 STAT. 2270
PUBLIC LAW 110–161—DEC. 26, 2007
SEC. 209. Amounts deducted from enhanced-use lease proceeds
to reimburse an account for expenses incurred by that account
during a prior fiscal year for providing enhanced-use lease services,
may be obligated during the fiscal year in which the proceeds
are received.
(INCLUDING
Reports.
Deadline.
SEC. 210. Funds available in this title or funds for salaries
and other administrative expenses shall also be available to
reimburse the Office of Resolution Management of the Department
of Veterans Affairs and the Office of Employment Discrimination
Complaint Adjudication under section 319 of title 38, United States
Code, for all services provided at rates which will recover actual
costs but not exceed $32,067,000 for the Office of Resolution
Management and $3,148,000 for the Office of Employment and
Discrimination Complaint Adjudication: Provided, That payments
may be made in advance for services to be furnished based on
estimated costs: Provided further, That amounts received shall be
credited to ‘‘General operating expenses’’ for use by the office that
provided the service.
SEC. 211. No appropriations in this title shall be available
to enter into any new lease of real property if the estimated annual
rental is more than $300,000 unless the Secretary submits a report
which the Committees on Appropriations of both Houses of Congress
approve within 30 days following the date on which the report
is received.
SEC. 212. No funds of the Department of Veterans Affairs
shall be available for hospital care, nursing home care, or medical
services provided to any person under chapter 17 of title 38, United
States Code, for a non-service-connected disability described in section 1729(a)(2) of such title, unless that person has disclosed to
the Secretary of Veterans Affairs, in such form as the Secretary
may require, current, accurate third-party reimbursement information for purposes of section 1729 of such title: Provided, That
the Secretary may recover, in the same manner as any other debt
due the United States, the reasonable charges for such care or
services from any person who does not make such disclosure as
required: Provided further, That any amounts so recovered for care
or services provided in a prior fiscal year may be obligated by
the Secretary during the fiscal year in which amounts are received.
(INCLUDING
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TRANSFER OF FUNDS)
TRANSFER OF FUNDS)
SEC. 213. Notwithstanding any other provision of law, at the
discretion of the Secretary of Veterans Affairs, proceeds or revenues
derived from enhanced-use leasing activities (including disposal)
may be deposited into the ‘‘Construction, major projects’’ and
‘‘Construction, minor projects’’ accounts and be used for construction
(including site acquisition and disposition), alterations, and
improvements of any medical facility under the jurisdiction or for
the use of the Department of Veterans Affairs. Such sums as
realized are in addition to the amount provided for in ‘‘Construction,
major projects’’ and ‘‘Construction, minor projects’’.
SEC. 214. Amounts made available under ‘‘Medical services’’
are available—
(1) for furnishing recreational facilities, supplies, and equipment; and
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PUBLIC LAW 110–161—DEC. 26, 2007
121 STAT. 2271
(2) for funeral expenses, burial expenses, and other
expenses incidental to funerals and burials for beneficiaries
receiving care in the Department.
(INCLUDING
TRANSFER OF FUNDS)
SEC. 215. Such sums as may be deposited to the Medical
Care Collections Fund pursuant to section 1729A of title 38, United
States Code, may be transferred to ‘‘Medical services’’, to remain
available until expended for the purposes of that account.
SEC. 216. Notwithstanding any other provision of law, the
Secretary of Veterans Affairs shall allow veterans who are eligible
under existing Department of Veterans Affairs medical care requirements and who reside in Alaska to obtain medical care services
from medical facilities supported by the Indian Health Service
or tribal organizations. The Secretary shall: (1) limit the application
of this provision to rural Alaskan veterans in areas where an
existing Department of Veterans Affairs facility or Veterans Affairscontracted service is unavailable; (2) require participating veterans
and facilities to comply with all appropriate rules and regulations,
as established by the Secretary; (3) require this provision to be
consistent with Capital Asset Realignment for Enhanced Services
activities; and (4) result in no additional cost to the Department
of Veterans Affairs or the Indian Health Service.
(INCLUDING
Alaska.
TRANSFER OF FUNDS)
SEC. 217. Such sums as may be deposited to the Department
of Veterans Affairs Capital Asset Fund pursuant to section 8118
of title 38, United States Code, may be transferred to the ‘‘Construction, major projects’’ and ‘‘Construction, minor projects’’ accounts,
to remain available until expended for the purposes of these
accounts.
SEC. 218. None of the funds available to the Department of
Veterans Affairs, in this Act, or any other Act, may be used to
replace the current system by which the Veterans Integrated Services Networks select and contract for diabetes monitoring supplies
and equipment.
SEC. 219. None of the funds made available in this title may
be used to implement any policy prohibiting the Directors of the
Veterans Integrated Services Networks from conducting outreach
or marketing to enroll new veterans within their respective Networks.
SEC. 220. The Secretary of Veterans Affairs shall submit to
the Committees on Appropriations of both Houses of Congress a
quarterly report on the financial status of the Veterans Health
Administration.
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(INCLUDING
TRANSFER OF FUNDS)
SEC. 221. Amounts made available under the ‘‘Medical services’’,
‘‘Medical Administration’’, ‘‘Medical facilities’’, ‘‘General operating
expenses’’, and ‘‘National Cemetery Administration’’ accounts for
fiscal year 2008, may be transferred to or from the ‘‘Information
technology systems’’ account: Provided, That before a transfer may
take place, the Secretary of Veterans Affairs shall request from
the Committees on Appropriations of both Houses of Congress the
authority to make the transfer and an approval is issued.
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Transfer
authority.
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121 STAT. 2272
Transfer
authority.
Deadline.
PUBLIC LAW 110–161—DEC. 26, 2007
SEC. 222. Amounts made available for the ‘‘Information technology systems’’ account may be transferred between projects: Provided, That no project may be increased or decreased by more
than $1,000,000 of cost prior to submitting a request to the Committees on Appropriations of both Houses of Congress to make the
transfer and an approval is issued, or absent a response, a period
of 30 days has elapsed.
(INCLUDING
38 USC 8162
note.
Research.
Gulf War.
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Deadlines.
Website.
5 USC app. 6
note.
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TRANSFER OF FUNDS)
SEC. 223. Any balances in prior year accounts established for
the payment of benefits under the Reinstated Entitlement Program
for Survivors shall be transferred to and merged with amounts
available under the ‘‘Compensation and pensions’’ account, and
receipts that would otherwise be credited to the accounts established
for the payment of benefits under the Reinstated Entitlement Program for Survivors program shall be credited to amounts available
under the ‘‘Compensation and pensions’’ account.
SEC. 224. PROHIBITION ON DISPOSAL OF DEPARTMENT OF VETERANS AFFAIRS LANDS AND IMPROVEMENTS AT WEST LOS ANGELES
MEDICAL CENTER, CALIFORNIA. (a) IN GENERAL.—The Secretary
of Veterans Affairs may not declare as excess to the needs of
the Department of Veterans Affairs, or otherwise take any action
to exchange, trade, auction, transfer, or otherwise dispose of, or
reduce the acreage of, Federal land and improvements at the
Department of Veterans Affairs West Los Angeles Medical Center,
California, encompassing approximately 388 acres on the north
and south sides of Wilshire Boulevard and west of the 405 Freeway.
(b) SPECIAL PROVISION REGARDING LEASE WITH REPRESENTATIVE OF THE HOMELESS.—Notwithstanding any provision of this
Act, section 7 of the Homeless Veterans Comprehensive Services
Act of 1992 (Public Law 102–590) shall remain in effect.
(c) CONFORMING AMENDMENT.—Section 8162(c)(1) of title 38,
United States Code, is amended—
(1) by inserting ‘‘or section 224(a) of the Military Construction and Veterans Affairs and Related Agencies Appropriations
Act, 2008’’ after ‘‘section 421(b)(2) of the Veterans’ Benefits
and Services Act of 1988 (Public Law 100–322; 102 Stat. 553)’’;
and
(2) by striking ‘‘that section’’ and inserting ‘‘such sections’’.
(d) EFFECTIVE DATE.—This section, including the amendment
made by this section, shall apply with respect to fiscal year 2008
and each fiscal year thereafter.
SEC. 225. The Department shall continue research into Gulf
War Illness at levels not less than those made available in fiscal
year 2007, within available funds contained in this Act.
SEC. 226. (a) Not later than 30 days after the date of the
enactment of this Act, the Inspector General of the Department
of Veterans Affairs shall establish and maintain on the homepage
of the Internet website of the Office of Inspector General a mechanism by which individuals can anonymously report cases of waste,
fraud, or abuse with respect to the Department of Veterans Affairs.
(b) Not later than 30 days after the date of the enactment
of this Act, the Secretary of Veterans Affairs shall establish and
maintain on the homepage of the Internet website of the Department of Veterans Affairs a direct link to the Internet website
of the Office of Inspector General of the Department of Veterans
Affairs.
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PUBLIC LAW 110–161—DEC. 26, 2007
121 STAT. 2273
SEC. 227. (a) Upon a determination by the Secretary of Veterans
Affairs that such action is in the national interest, and will have
a direct benefit for veterans through increased access to treatment,
the Secretary of Veterans Affairs may transfer not more than
$5,000,000 to the Secretary of Health and Human Services for
the Graduate Psychology Education Program, which includes treatment of veterans, to support increased training of psychologists
skilled in the treatment of post-traumatic stress disorder, traumatic
brain injury, and related disorders.
(b) The Secretary of Health and Human Services may only
use funds transferred under this section for the purposes described
in subsection (a).
(c) The Secretary of Veterans Affairs shall notify Congress
of any such transfer of funds under this section.
SEC. 228. None of the funds appropriated or otherwise made
available by this Act or any other Act for the Department of Veterans Affairs may be used in a manner that is inconsistent with—
(1) section 842 of the Transportation, Treasury, Housing
and Urban Development, the Judiciary, and Independent Agencies Appropriations Act, 2006 (Public Law 109–115; 119 Stat.
2506); or
(2) section 8110(a)(5) of title 38, United States Code.
SEC. 229. The Secretary of Veterans Affairs may carry out
a major medical facility lease in fiscal year 2008 in an amount
not to exceed $12,000,000 to implement the recommendations outlined in the August 2007 Study of South Texas Veterans’ Inpatient
and Specialty Outpatient Health Care Needs.
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(INCLUDING
RESCISSION OF FUNDS)
SEC. 230. Of the amounts made available for ‘‘Veterans Health
Administration, Medical Services’’ in Public Law 110–28,
$66,000,000 are rescinded. For an additional amount for ‘‘Departmental Administration, Construction, Major Projects’’, $66,000,000,
to be available until expended: Provided, That the amount provided
by this section is designated as described in section 5 (in the
matter preceding division A of this consolidated Act).
SEC. 231. Section 1710(f)(2)(B) of title 38, United States Code,
is amended by striking ‘‘September 30, 2007,’’ and inserting ‘‘September 30, 2008,’’.
SEC. 232. Section 1729(a)(2)(E) of title 38, United States Code,
is amended by striking ‘‘October 1, 2007,’’ and inserting ‘‘October
1, 2008,’’.
SEC. 233. The unobligated balance of funds appropriated under
the heading ‘‘Construction, Major Projects’’ in Public Law 109–
234 for environmental clean-up and removal of debris from the
Department of Veterans Affairs property in Gulfport, Mississippi,
shall be available to the Department to replace missing doors and
windows, and to repair roofs, of the buildings identified by the
City of Gulfport, Mississippi, that will convey with the property,
to prevent further environmental damage to the interior infrastructure of these buildings: Provided, That the amount provided by
this section is designated as described in section 5 (in the matter
preceding division A of this consolidated Act).
SEC. 234. Notwithstanding any other provision of law, increases
necessary to carry out section 3674 of title 38, United States Code
at a level equal to fiscal year 2007 shall be available from amounts
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Mississippi.
Real property.
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121 STAT. 2274
Deadline.
Budget request.
President.
PUBLIC LAW 110–161—DEC. 26, 2007
provided in this title for ‘‘Departmental Administration, General
Operating Expenses’’.
SEC. 235. (a) EMERGENCY DESIGNATION.—Notwithstanding any
other provision of this title (except section 230), of the amounts
otherwise provided by this title for the following accounts, the
following amounts are designated as emergency requirements and
necessary to meet emergency needs pursuant to subsections (a)
and (b) of section 204 of S. Con. Res. 21 (110th Congress), the
concurrent resolution on the budget for fiscal year 2008:
Veterans Health Administration, Medical Services,
$1,936,549,000.
Veterans Health Administration, Medical Administration,
$75,000,000.
Veterans Health Administration, Medical Facilities,
$508,000,000.
Veterans Health Administration, Medical and Prosthetic
Research, $69,000,000.
National Cemetery Administration, $28,191,000.
Departmental
Administration,
General
Operating
Expenses, $133,163,000.
Departmental Administration, Information Technology Systems, $107,248,000.
Departmental Administration, Office of the Inspector General, $7,901,000.
Departmental
Administration,
Construction,
Major
Projects, $341,700,000.
Departmental
Administration,
Construction,
Minor
Projects, $397,139,000.
Departmental Administration, Grants for Construction of
State Extended Care Facilities, $80,000,000.
Departmental Administration, Grants for Construction of
State Veterans Cemeteries, $7,500,000.
(b) CONTINGENT APPROPRIATION.—Any amount appropriated in
this title that is designated by the Congress as an emergency
requirement pursuant to subsection (a) shall be made available
only after submission to the Congress by January 18, 2008, a
formal budget request by the President that includes designation
of the entire amount of the request as an emergency requirement.
(c) REQUIREMENT FOR AVAILABILITY.—None of the funds
described in subsection (a) shall become available for obligation
unless all such funds are made available for obligation.
TITLE III
RELATED AGENCIES
AMERICAN BATTLE MONUMENTS COMMISSION
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SALARIES AND EXPENSES
For necessary expenses, not otherwise provided for, of the
American Battle Monuments Commission, including the acquisition
of land or interest in land in foreign countries; purchases and
repair of uniforms for caretakers of national cemeteries and monuments outside of the United States and its territories and possessions; rent of office and garage space in foreign countries; purchase
(one-for-one replacement basis only) and hire of passenger motor
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PUBLIC LAW 110–161—DEC. 26, 2007
121 STAT. 2275
vehicles; not to exceed $7,500 for official reception and representation expenses; and insurance of official motor vehicles in foreign
countries, when required by law of such countries, $44,600,000,
to remain available until expended.
FOREIGN CURRENCY FLUCTUATIONS ACCOUNT
For necessary expenses, not otherwise provided for, of the
American Battle Monuments Commission, $11,000,000, to remain
available until expended, for purposes authorized by section 2109
of title 36, United States Code.
UNITED STATES COURT
OF
APPEALS
FOR
VETERANS CLAIMS
SALARIES AND EXPENSES
For necessary expenses for the operation of the United States
Court of Appeals for Veterans Claims as authorized by sections
7251 through 7298 of title 38, United States Code, $22,717,000,
of which $1,210,000 shall be available for the purpose of providing
financial assistance as described, and in accordance with the process
and reporting procedures set forth, under this heading in Public
Law 102–229.
DEPARTMENT
OF
DEFENSE—CIVIL
CEMETERIAL EXPENSES, ARMY
SALARIES AND EXPENSES
For necessary expenses, as authorized by law, for maintenance,
operation, and improvement of Arlington National Cemetery and
Soldiers’ and Airmen’s Home National Cemetery, including the
purchase of two passenger motor vehicles for replacement only,
and not to exceed $1,000 for official reception and representation
expenses, $31,230,000, to remain available until expended. In addition, such sums as may be necessary for parking maintenance,
repairs and replacement, to be derived from the Lease of Department of Defense Real Property for Defense Agencies account.
Funds appropriated under this Act may be provided to
Arlington County, Virginia, for the relocation of the federally-owned
water main at Arlington National Cemetery making additional land
available for ground burials.
ARMED FORCES RETIREMENT HOME
TRUST FUND
For expenses necessary for the Armed Forces Retirement Home
to operate and maintain the Armed Forces Retirement Home—
Washington, District of Columbia and the Armed Forces Retirement
Home—Gulfport, Mississippi, to be paid from funds available in
the Armed Forces Retirement Home Trust Fund, $55,724,000.
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GENERAL FUND PAYMENT, ARMED FORCES RETIREMENT HOME
For payment to the ‘‘Armed Forces Retirement Home’’,
$800,000, to remain available until expended.
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121 STAT. 2276
PUBLIC LAW 110–161—DEC. 26, 2007
TITLE IV
GENERAL PROVISIONS
Submissions.
Deadline.
Reports.
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Colorado.
VerDate Aug 31 2005
20:46 Feb 14, 2008
SEC. 401. No part of any appropriation contained in this Act
shall remain available for obligation beyond the current fiscal year
unless expressly so provided herein.
SEC. 402. Such sums as may be necessary for fiscal year 2008
for pay raises for programs funded by this Act shall be absorbed
within the levels appropriated in this Act.
SEC. 403. None of the funds made available in this Act may
be used for any program, project, or activity, when it is made
known to the Federal entity or official to which the funds are
made available that the program, project, or activity is not in
compliance with any Federal law relating to risk assessment, the
protection of private property rights, or unfunded mandates.
SEC. 404. No part of any funds appropriated in this Act shall
be used by an agency of the executive branch, other than for
normal and recognized executive-legislative relationships, for publicity or propaganda purposes, and for the preparation, distribution,
or use of any kit, pamphlet, booklet, publication, radio, television,
or film presentation designed to support or defeat legislation
pending before Congress, except in presentation to Congress itself.
SEC. 405. All departments and agencies funded under this
Act are encouraged, within the limits of the existing statutory
authorities and funding, to expand their use of ‘‘E-Commerce’’ technologies and procedures in the conduct of their business practices
and public service activities.
SEC. 406. None of the funds made available in this Act may
be transferred to any department, agency, or instrumentality of
the United States Government except pursuant to a transfer made
by, or transfer authority provided in, this or any other appropriations Act.
SEC. 407. Unless stated otherwise, all reports and notifications
required by this Act shall be submitted to the Subcommittee on
Military Construction, Veterans Affairs, and Related Agencies of
the Committee on Appropriations of the House of Representatives
and the Subcommittee on Military Construction, Veterans Affairs,
and Related Agencies of the Committee on Appropriations of the
Senate.
SEC. 408. The Director of the Congressional Budget Office shall,
not later than February 1, 2008, submit to the Committees on
Appropriations of the House of Representatives and the Senate
a report projecting annual appropriations necessary for the Department of Veterans Affairs to continue providing necessary health
care to veterans for fiscal years 2009 through 2012.
SEC. 409. None of the funds appropriated or otherwise made
available in this Act may be used for any action that is related
to or promotes the expansion of the boundaries or size of the
Pinon Canyon Maneuver Site, Colorado.
SEC. 410. (a) In this section:
(1) The term ‘‘City’’ means the City of Aurora, Colorado.
(2) The term ‘‘deed’’ means the quitclaim deed—
(A) conveyed by the Secretary to the City; and
(B) dated May 24, 1999.
(3) The term ‘‘non-Federal land’’ means—
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PUBLIC LAW 110–161—DEC. 26, 2007
121 STAT. 2277
(A) parcel I of the Fitzsimons Army Medical Center,
Colorado; and
(B) the parcel of land described in the deed.
(4) The term ‘‘Secretary’’ means the Secretary of the
Interior.
(b)(1) In accordance with paragraph (2), to allow the City to
convey by donation to the United States the non-Federal land
to be used by the Secretary of Veterans Affairs for the construction
of a veterans medical facility.
(2) In carrying out paragraph (1), with respect to the nonFederal land, the Secretary shall forego exercising any rights provided by the—
(A) deed relating to a reversionary interest of the United
States; and
(B) any other reversionary interest of the United States.
This division may be cited as the ‘‘Military Construction and
Veterans Affairs and Related Agencies Appropriations Act, 2008’’.
DIVISION J—DEPARTMENT OF STATE, FOREIGN OPERATIONS, AND RELATED PROGRAMS APPROPRIATIONS
ACT, 2008
TITLE I
Department of
State, Foreign
Operations, and
Related
Programs
Appropriations
Act, 2008.
DEPARTMENT OF STATE AND RELATED AGENCIES
DEPARTMENT OF STATE
ADMINISTRATION
OF
FOREIGN AFFAIRS
DIPLOMATIC AND CONSULAR PROGRAMS
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(INCLUDING
TRANSFER OF FUNDS)
For necessary expenses of the Department of State and the
Foreign Service not otherwise provided for, including employment,
without regard to civil service and classification laws, of persons
on a temporary basis (not to exceed $700,000 of this appropriation),
as authorized by section 801 of the United States Information
and Educational Exchange Act of 1948; representation to certain
international organizations in which the United States participates
pursuant to treaties ratified pursuant to the advice and consent
of the Senate or specific Acts of Congress; arms control, nonproliferation and disarmament activities as authorized; acquisition
by exchange or purchase of passenger motor vehicles as authorized
by law; and for expenses of general administration, $4,385,042,000:
Provided, That of the amount provided by this paragraph,
$575,000,000 is designated as described in section 5 (in the matter
preceding division A of this consolidated Act): Provided further,
That of the amount made available under this heading, not to
exceed $10,000,000 may be transferred to, and merged with, ‘‘Emergencies in the Diplomatic and Consular Service’’, to be available
only for emergency evacuations and terrorism rewards: Provided
further, That of the amount made available under this heading,
not less than $360,905,000 shall be available only for public diplomacy international information programs: Provided further, That
of the funds made available under this heading, $5,000,000 shall
be made available for a demonstration program to expand access
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121 STAT. 2278
Establishment.
Reports.
Russia.
Human rights.
22 USC 2706a.
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Satellites.
China.
Deadline.
Notification.
VerDate Aug 31 2005
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PUBLIC LAW 110–161—DEC. 26, 2007
to consular services: Provided further, That of the amount appropriated under this heading, $2,000,000 shall be available for the
Secretary to establish and operate a public/private interagency
public diplomacy center which shall serve as a program integration
and coordination entity for United States public diplomacy programs: Provided further, That of the amounts appropriated under
this heading, $4,000,000, to remain available until expended, shall
be for compensation to the families of members of the Foreign
Service or other United States Government employees or their
dependents, who were killed in terrorist attacks since 1979: Provided further, That none of the funds made available for compensation in the previous proviso may be obligated without specific
authorization in a subsequent Act of Congress: Provided further,
That during fiscal year 2008, foreign service annuitants may be
employed, notwithstanding section 316.401 of title 5, Code of Federal Regulations, pursuant to waivers under section 824(g)(1)(C)(ii)
of the Foreign Service Act of 1980 (22 U.S.C. 4064(g)(1)(C)(ii)):
Provided further, That of the funds appropriated under this heading,
$5,000,000 shall be made available for the Ambassador’s Fund
for Cultural Preservation: Provided further, That of the funds appropriated under this heading, $500,000 may not be available for
obligation until the Secretary of State submits a report to the
Committees on Appropriations outlining a plan to increase the
capacity of United States Embassy Moscow to monitor human rights
and Russian laws relating to the press and civil society groups,
and consults with the Committees on Appropriations concerning
such plan: Provided further, That the Secretary may transfer to
and merge with ‘‘Emergencies in the Diplomatic and Consular
Service’’ for rewards payments unobligated balances of funds appropriated under ‘‘Diplomatic and Consular Programs’’ for this fiscal
year and for each fiscal year hereafter, at no later than the end
of the fifth fiscal year after the fiscal year for which any such
funds were appropriated or otherwise made available: Provided
further, That funds available under this heading may be available
for a United States Government interagency task force to examine,
coordinate and oversee United States participation in the United
Nations headquarters renovation project: Provided further, That
no funds may be obligated or expended for processing licenses
for the export of satellites of United States origin (including
commercial satellites and satellite components) to the People’s
Republic of China unless, at least 15 days in advance, the Committees on Appropriations are notified of such proposed action: Provided
further, That funds appropriated under this heading are available,
pursuant to 31 U.S.C. 1108(g), for the field examination of programs
and activities in the United States funded from any account contained in this title.
In addition, not to exceed $1,558,390 shall be derived from
fees collected from other executive agencies for lease or use of
facilities located at the International Center in accordance with
section 4 of the International Center Act; in addition, as authorized
by section 5 of such Act, $490,000, to be derived from the reserve
authorized by that section, to be used for the purposes set out
in that section; in addition, as authorized by section 810 of the
United States Information and Educational Exchange Act, not to
exceed $6,000,000, to remain available until expended, may be
credited to this appropriation from fees or other payments received
from English teaching, library, motion pictures, and publication
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PUBLIC LAW 110–161—DEC. 26, 2007
121 STAT. 2279
programs and from fees from educational advising and counseling
and exchange visitor programs; and, in addition, not to exceed
$15,000, which shall be derived from reimbursements, surcharges,
and fees for use of Blair House facilities.
In addition, for the costs of worldwide security protection,
$974,760,000, to remain available until expended: Provided, That
of the amount provided by this paragraph, $206,632,000 is designated as described in section 5 (in the matter preceding division
A of this consolidated Act).
CAPITAL INVESTMENT FUND
For necessary expenses of the Capital Investment Fund,
$60,062,000, to remain available until expended, as authorized:
Provided, That section 135(e) of Public Law 103–236 shall not
apply to funds available under this heading.
OFFICE OF INSPECTOR GENERAL
For necessary expenses of the Office of Inspector General,
$34,008,000, notwithstanding section 209(a)(1) of the Foreign
Service Act of 1980 (Public Law 96–465), as it relates to post
inspections.
EDUCATIONAL AND CULTURAL EXCHANGE PROGRAMS
For expenses of educational and cultural exchange programs,
as authorized, $505,441,000, to remain available until expended:
Provided, That not to exceed $5,000,000, to remain available until
expended, may be credited to this appropriation from fees or other
payments received from or in connection with English teaching,
educational advising and counseling programs, and exchange visitor
programs as authorized.
REPRESENTATION ALLOWANCES
For representation allowances as authorized, $8,175,000.
PROTECTION OF FOREIGN MISSIONS AND OFFICIALS
For expenses, not otherwise provided, to enable the Secretary
of State to provide for extraordinary protective services, as authorized, $23,000,000, to remain available until September 30, 2009.
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EMBASSY SECURITY, CONSTRUCTION, AND MAINTENANCE
For necessary expenses for carrying out the Foreign Service
Buildings Act of 1926 (22 U.S.C. 292–303), preserving, maintaining,
repairing, and planning for buildings that are owned or directly
leased by the Department of State, renovating, in addition to funds
otherwise available, the Harry S Truman Building, and carrying
out the Diplomatic Security Construction Program as authorized,
$761,216,000, to remain available until expended as authorized,
of which not to exceed $25,000 may be used for domestic and
overseas representation as authorized: Provided, That none of the
funds appropriated in this paragraph shall be available for acquisition of furniture, furnishings, or generators for other departments
and agencies.
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121 STAT. 2280
PUBLIC LAW 110–161—DEC. 26, 2007
In addition, for the costs of worldwide security upgrades,
acquisition, and construction as authorized, $676,000,000, to remain
available until expended.
EMERGENCIES IN THE DIPLOMATIC AND CONSULAR SERVICE
(INCLUDING
TRANSFER OF FUNDS)
For expenses necessary to enable the Secretary of State to
meet unforeseen emergencies arising in the Diplomatic and Consular Service, $9,000,000, to remain available until expended as
authorized, of which not to exceed $1,000,000 may be transferred
to and merged with the ‘‘Repatriation Loans Program Account’’,
subject to the same terms and conditions.
REPATRIATION LOANS PROGRAM ACCOUNT
(INCLUDING
TRANSFER OF FUNDS)
For the cost of direct loans, $678,000, as authorized: Provided,
That such costs, including the cost of modifying such loans, shall
be as defined in section 502 of the Congressional Budget Act of
1974.
In addition, for administrative expenses necessary to carry
out the direct loan program, $607,000, which may be transferred
to and merged with ‘‘Diplomatic and Consular Programs’’.
PAYMENT TO THE AMERICAN INSTITUTE IN TAIWAN
For necessary expenses to carry out the Taiwan Relations Act
(Public Law 96–8), $16,351,000.
PAYMENT TO THE FOREIGN SERVICE RETIREMENT AND DISABILITY
FUND
For payment to the Foreign Service Retirement and Disability
Fund, as authorized by law, $158,900,000.
INTERNATIONAL ORGANIZATIONS
CONTRIBUTIONS TO INTERNATIONAL ORGANIZATIONS
22 USC 269a
note.
Budget.
United Nations.
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Notification.
Deadline.
United Nations.
VerDate Aug 31 2005
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For expenses, not otherwise provided for, necessary to meet
annual obligations of membership in international multilateral
organizations, pursuant to treaties ratified pursuant to the advice
and consent of the Senate, conventions or specific Acts of Congress,
$1,354,400,000: Provided, That the Secretary of State shall, at
the time of the submission of the President’s budget to Congress
under section 1105(a) of title 31, United States Code, transmit
to the Committees on Appropriations the most recent biennial
budget prepared by the United Nations for the operations of the
United Nations: Provided further, That the Secretary of State shall
notify the Committees on Appropriations at least 15 days in advance
(or in an emergency, as far in advance as is practicable) of any
United Nations action to increase funding for any United Nations
program without identifying an offsetting decrease elsewhere in
the United Nations budget and cause the United Nations budget
for the biennium 2008–2009 to exceed the revised United Nations
budget level for the biennium 2006–2007 of $4,173,895,900: Provided further, That any payment of arrearages under this title
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PUBLIC LAW 110–161—DEC. 26, 2007
121 STAT. 2281
shall be directed toward activities that are mutually agreed upon
by the United States and the respective international organization:
Provided further, That none of the funds appropriated in this paragraph shall be available for a United States contribution to an
international organization for the United States share of interest
costs made known to the United States Government by such
organization for loans incurred on or after October 1, 1984, through
external borrowings.
CONTRIBUTIONS FOR INTERNATIONAL PEACEKEEPING ACTIVITIES
For necessary expenses to pay assessed and other expenses
of international peacekeeping activities directed to the maintenance
or restoration of international peace and security, $1,700,500,000,
of which 15 percent shall remain available until September 30,
2009: Provided, That none of the funds made available under this
Act shall be obligated or expended for any new or expanded United
Nations peacekeeping mission unless, at least 15 days in advance
of voting for the new or expanded mission in the United Nations
Security Council (or in an emergency as far in advance as is
practicable): (1) the Committees on Appropriations and other appropriate committees of the Congress are notified of the estimated
cost and length of the mission, the national interest that will
be served, and the planned exit strategy; (2) the Committees on
Appropriations and other appropriate committees of the Congress
are notified that the United Nations has taken appropriate measures to prevent United Nations employees, contractor personnel,
and peacekeeping forces serving in any United Nations peacekeeping mission from trafficking in persons, exploiting victims of
trafficking, or committing acts of illegal sexual exploitation, and
to hold accountable individuals who engage in such acts while
participating in the peacekeeping mission, including the prosecution
in their home countries of such individuals in connection with
such acts; and (3) a reprogramming of funds pursuant to section
615 of this Act is submitted, and the procedures therein followed,
setting forth the source of funds that will be used to pay for
the cost of the new or expanded mission: Provided further, That
funds shall be available for peacekeeping expenses only upon a
certification by the Secretary of State to the Committees on Appropriations that American manufacturers and suppliers are being
given opportunities to provide equipment, services, and material
for United Nations peacekeeping activities equal to those being
given to foreign manufacturers and suppliers: Provided further,
That of the amount provided by this paragraph, $468,000,000 is
designated as described in section 5 (in the matter preceding division A of this consolidated Act).
Deadline.
Notification.
Notification.
Certification.
INTERNATIONAL COMMISSIONS
For necessary expenses, not otherwise provided for, to meet
obligations of the United States arising under treaties, or specific
Acts of Congress, as follows:
22 USC 269a
note.
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INTERNATIONAL BOUNDARY AND WATER COMMISSION, UNITED STATES
AND MEXICO
For necessary expenses for the United States Section of the
International Boundary and Water Commission, United States and
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PUBLIC LAW 110–161—DEC. 26, 2007
Mexico, and to comply with laws applicable to the United States
Section, including not to exceed $6,000 for representation; as follows:
SALARIES AND EXPENSES
For salaries and expenses, not otherwise provided for,
$30,430,000.
CONSTRUCTION
For detailed plan preparation and construction of authorized
projects, $88,425,000, to remain available until expended, as authorized.
AMERICAN SECTIONS, INTERNATIONAL COMMISSIONS
Canada.
Availability date.
Reports.
For necessary expenses, not otherwise provided, for the International Joint Commission and the International Boundary
Commission, United States and Canada, as authorized by treaties
between the United States and Canada or Great Britain, and for
the Border Environment Cooperation Commission as authorized
by Public Law 103–182, $10,940,000: Provided, That of the amount
provided under this heading for the International Joint Commission,
$9,000 may be made available for representation expenses 45 days
after submission to the Committees on Appropriations of a report
detailing obligations, expenditures, and associated activities for
fiscal years 2005, 2006, and 2007, including any unobligated funds
which expired at the end of each fiscal year and the justification
for why such funds were not obligated.
Of the funds made available in the Science, State, Justice,
Commerce, and Related Agencies Appropriations Act, 2006, Public
Law 109–108, as continued by the Continuing Appropriations Resolution, 2007 (division B of Public Law 109–289, as amended by
Public Law 110–5), for the International Joint Commission (119
Stat. 2323), $300,000 for the Lake Champlain Basin Program shall
remain available for the purposes intended until September 30,
2009.
INTERNATIONAL FISHERIES COMMISSIONS
For necessary expenses for international fisheries commissions,
not otherwise provided for, as authorized by law, $26,527,000: Provided, That the United States share of such expenses may be
advanced to the respective commissions pursuant to 31 U.S.C. 3324:
Provided further, That funds appropriated under this heading shall
be available for programs in the amounts contained in the table
included in the explanatory statement described in section 4 (in
the matter preceding division A of this consolidated Act) accompanying this Act and no proposal for deviation from those amounts
shall be considered.
OTHER
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PAYMENT TO THE ASIA FOUNDATION
For a grant to the Asia Foundation, as authorized by the
Asia Foundation Act (22 U.S.C. 4402), $15,500,000, to remain available until expended, as authorized.
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PUBLIC LAW 110–161—DEC. 26, 2007
121 STAT. 2283
CENTER FOR MIDDLE EASTERN-WESTERN DIALOGUE TRUST FUND
For necessary expenses of the Center for Middle EasternWestern Dialogue Trust Fund, the total amount of the interest
and earnings accruing to such Fund on or before September 30,
2008, to remain available until expended.
EISENHOWER EXCHANGE FELLOWSHIP PROGRAM
For necessary expenses of Eisenhower Exchange Fellowships,
Incorporated, as authorized by sections 4 and 5 of the Eisenhower
Exchange Fellowship Act of 1990 (20 U.S.C. 5204–5205), all interest
and earnings accruing to the Eisenhower Exchange Fellowship Program Trust Fund on or before September 30, 2008, to remain
available until expended: Provided, That none of the funds appropriated herein shall be used to pay any salary or other compensation, or to enter into any contract providing for the payment thereof,
in excess of the rate authorized by 5 U.S.C. 5376; or for purposes
which are not in accordance with OMB Circulars A–110 (Uniform
Administrative Requirements) and A–122 (Cost Principles for Nonprofit Organizations), including the restrictions on compensation
for personal services.
Contracts.
ISRAELI ARAB SCHOLARSHIP PROGRAM
For necessary expenses of the Israeli Arab Scholarship Program
as authorized by section 214 of the Foreign Relations Authorization
Act, Fiscal Years 1992 and 1993 (22 U.S.C. 2452), all interest
and earnings accruing to the Israeli Arab Scholarship Fund on
or before September 30, 2008, to remain available until expended.
EAST-WEST CENTER
To enable the Secretary of State to provide for carrying out
the provisions of the Center for Cultural and Technical Interchange
Between East and West Act of 1960, by grant to the Center for
Cultural and Technical Interchange Between East and West in
the State of Hawaii, $19,500,000: Provided, That none of the funds
appropriated herein shall be used to pay any salary, or enter
into any contract providing for the payment thereof, in excess
of the rate authorized by 5 U.S.C. 5376.
RELATED AGENCIES
BROADCASTING BOARD
OF
GOVERNORS
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INTERNATIONAL BROADCASTING OPERATIONS
For expenses necessary to enable the Broadcasting Board of
Governors, as authorized, to carry out international communication
activities, including the purchase, rent, construction, and improvement of facilities for radio and television transmission and reception
and purchase, lease, and installation of necessary equipment for
radio and television transmission and reception to Cuba, and to
make and supervise grants for radio and television broadcasting
to the Middle East, $676,727,000: Provided, That of the total
amount in this heading, not to exceed $16,000 may be used for
official receptions within the United States as authorized, not to
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Middle East.
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121 STAT. 2284
PUBLIC LAW 110–161—DEC. 26, 2007
exceed $35,000 may be used for representation abroad as authorized, and not to exceed $39,000 may be used for official reception
and representation expenses of Radio Free Europe/Radio Liberty;
and in addition, notwithstanding any other provision of law, not
to exceed $2,000,000 in receipts from advertising and revenue from
business ventures, not to exceed $500,000 in receipts from cooperating international organizations, and not to exceed $1,000,000
in receipts from privatization efforts of the Voice of America and
the International Broadcasting Bureau, to remain available until
expended for carrying out authorized purposes: Provided further,
That of the amount provided by this paragraph, $12,000,000 is
designated as described in section 5 (in the matter preceding division A of this consolidated Act).
BROADCASTING CAPITAL IMPROVEMENTS
For the purchase, rent, construction, and improvement of facilities for radio and television transmission and reception, and purchase and installation of necessary equipment for radio and television transmission and reception as authorized, $10,748,000, to
remain available until expended, as authorized.
COMMISSION
FOR THE
PRESERVATION
ABROAD
OF
AMERICA’S HERITAGE
SALARIES AND EXPENSES
For necessary expenses for the Commission for the Preservation
of America’s Heritage Abroad, $499,000, as authorized by section
1303 of Public Law 99–83.
COMMISSION
ON INTERNATIONAL
RELIGIOUS FREEDOM
SALARIES AND EXPENSES
For necessary expenses for the United States Commission on
International Religious Freedom, as authorized by title II of the
International Religious Freedom Act of 1998 (Public Law 105–
292), $3,300,000, to remain available until September 30, 2009.
COMMISSION
ON
SECURITY
AND
COOPERATION
IN
EUROPE
SALARIES AND EXPENSES
For necessary expenses of the Commission on Security and
Cooperation in Europe, as authorized by Public Law 94–304,
$2,370,000, to remain available until September 30, 2009.
CONGRESSIONAL-EXECUTIVE COMMISSION
REPUBLIC OF CHINA
ON THE
PEOPLE’S
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SALARIES AND EXPENSES
For necessary expenses of the Congressional-Executive Commission on the People’s Republic of China, as authorized, $2,000,000,
including not more than $3,000 for the purpose of official representation, to remain available until September 30, 2009.
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PUBLIC LAW 110–161—DEC. 26, 2007
121 STAT. 2285
UNITED STATES-CHINA ECONOMIC AND SECURITY REVIEW
COMMISSION
SALARIES AND EXPENSES
For necessary expenses of the United States-China Economic
and Security Review Commission, $4,000,000, including not more
than $4,000 for the purpose of official representation, to remain
available until September 30, 2009: Provided, That the Commission
shall submit a spending plan to the Committees on Appropriations
no later than March 1, 2008, which effectively addresses the recommendations of the Government Accountability Office’s audit of
the Commission (GAO–07–1128): Provided further, That the
Commission shall provide to the Committees on Appropriations
a quarterly accounting of the cumulative balances of any unobligated funds that were received by the Commission during any
previous fiscal year: Provided further, That for purposes of costs
relating to printing and binding, the Commission shall be deemed,
effective on the date of its establishment, to be a committee of
Congress: Provided further, That compensation for the executive
director of the Commission may not exceed the rate payable for
level II of the Executive Schedule under section 5314 of title 5,
United States Code: Provided further, That section 1238(c)(1) of
the Floyd D. Spence National Defense Authorization Act for Fiscal
Year 2001, is amended by striking ‘‘June’’ and inserting ‘‘December’’:
Provided further, That travel by members of the Commission and
its staff shall be arranged and conducted under the rules and
procedures applying to travel by members of the House of Representatives and its staff.
Spending plan.
Deadline.
Reports.
Deadline.
Effective date.
22 USC 7002.
UNITED STATES SENATE-CHINA INTERPARLIAMENTARY GROUP
SALARIES AND EXPENSES
For necessary expenses of the United States Senate-China
Interparliamentary Group, as authorized under section 153 of the
Consolidated Appropriations Act, 2004 (22 U.S.C. 276n; Public Law
108–99; 118 Stat. 448), $150,000, to remain available until September 30, 2009.
UNITED STATES INSTITUTE
OF
PEACE
OPERATING EXPENSES
For necessary expenses of the United States Institute of Peace
as authorized in the United States Institute of Peace Act,
$25,000,000, to remain available until September 30, 2009.
GENERAL PROVISIONS—THIS TITLE
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ALLOWANCES AND DIFFERENTIALS
SEC. 101. Funds appropriated under title I of this Act shall
be available, except as otherwise provided, for allowances and differentials as authorized by subchapter 59 of title 5, United States
Code; for services as authorized by 5 U.S.C. 3109; and for hire
of passenger transportation pursuant to 31 U.S.C. 1343(b).
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121 STAT. 2286
PUBLIC LAW 110–161—DEC. 26, 2007
UNOBLIGATED BALANCES REPORT
SEC. 102. The Department of State and the Broadcasting Board
of Governors shall provide to the Committees on Appropriations
a quarterly accounting of the cumulative balances of any unobligated funds that were received by such agency during any previous
fiscal year.
EMBASSY CONSTRUCTION
SEC. 103. (a) Of funds provided under title I of this Act, except
as provided in subsection (b), a project to construct a diplomatic
facility of the United States may not include office space or other
accommodations for an employee of a Federal agency or department
if the Secretary of State determines that such department or agency
has not provided to the Department of State the full amount of
funding required by subsection (e) of section 604 of the Secure
Embassy Construction and Counterterrorism Act of 1999 (as
enacted into law by section 1000(a)(7) of Public Law 106–113 and
contained in appendix G of that Act; 113 Stat. 1501A–453), as
amended by section 629 of the Departments of Commerce, Justice,
and State, the Judiciary, and Related Agencies Appropriations Act,
2005.
(b) Notwithstanding the prohibition in subsection (a), a project
to construct a diplomatic facility of the United States may include
office space or other accommodations for members of the Marine
Corps.
PEACEKEEPING MISSIONS
United Nations.
President.
SEC. 104. None of the funds made available under title I of
this Act may be used for any United Nations undertaking when
it is made known to the Federal official having authority to obligate
or expend such funds that: (1) the United Nations undertaking
is a peacekeeping mission; (2) such undertaking will involve United
States Armed Forces under the command or operational control
of a foreign national; and (3) the President’s military advisors
have not submitted to the President a recommendation that such
involvement is in the national security interests of the United
States and the President has not submitted to the Congress such
a recommendation.
DENIAL OF VISAS
Applicability.
SEC. 105. (a) None of the funds appropriated or otherwise
made available under title I of this Act shall be expended for
any purpose for which appropriations are prohibited by section
616 of the Departments of Commerce, Justice, and State, the
Judiciary, and Related Agencies Appropriations Act, 1999.
(b) The requirements in subsections (b) and (c) of section 616
of that Act shall continue to apply during fiscal year 2008.
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SENIOR POLICY OPERATING GROUP
SEC. 106. (a) The Senior Policy Operating Group on Trafficking
in Persons, established under section 105(f) of the Victims of Trafficking and Violence Protection Act of 2000 (22 U.S.C. 7103(f))
to coordinate agency activities regarding policies (including grants
and grant policies) involving the international trafficking in persons,
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PUBLIC LAW 110–161—DEC. 26, 2007
121 STAT. 2287
shall coordinate all such policies related to the activities of traffickers and victims of severe forms of trafficking.
(b) None of the funds provided under title I of this or any
other Act making appropriations for Department of State and
Related Agencies shall be expended to perform functions that duplicate coordinating responsibilities of the Operating Group.
(c) The Operating Group shall continue to report only to the
authorities that appointed them pursuant to section 105(f).
UNITED STATES CITIZENS BORN IN JERUSALEM
SEC. 107. For the purposes of registration of birth, certification
of nationality, or issuance of a passport of a United States citizen
born in the city of Jerusalem, the Secretary of State shall, upon
request of the citizen, record the place of birth as Israel.
CONSULTING SERVICES
SEC. 108. The expenditure of any appropriation under title
I of this Act for any consulting service through procurement contract, pursuant to 5 U.S.C. 3109, shall be limited to those contracts
where such expenditures are a matter of public record and available
for public inspection, except where otherwise provided under
existing law, or under existing Executive order issued pursuant
to existing law.
COMPLIANCE WITH SECTION
Contracts.
609
SEC. 109. (a) None of the funds appropriated or otherwise
made available under title I of this Act shall be expended for
any purpose for which appropriations are prohibited by section
609 of the Departments of Commerce, Justice, and State, the
Judiciary, and Related Agencies Appropriations Act, 1999.
(b) The requirements in subparagraphs (A) and (B) of section
609 of that Act shall continue to apply during fiscal year 2008.
Applicability.
STATE DEPARTMENT AUTHORITIES
SEC. 110. Funds appropriated under title I of this Act for
the Broadcasting Board of Governors and the Department of State
may be obligated and expended notwithstanding section 15 of the
State Department Basic Authorities Act of 1956, section 313 of
the Foreign Relations Authorization Act, Fiscal Years 1994 and
1995 (Public Law 103–236), and section 504(a)(1) of the National
Security Act of 1947 (50 U.S.C. 414(a)(1)).
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PERSONNEL ACTIONS
SEC. 111. Any costs incurred by a department or agency funded
under this Act resulting from personnel actions taken in response
to funding reductions included in this Act shall be absorbed within
the total budgetary resources available to such department or
agency: Provided, That the authority to transfer funds between
appropriations accounts as may be necessary to carry out this
section is provided in addition to authorities included elsewhere
in this Act: Provided further, That use of funds to carry out this
section shall be treated as a reprogramming of funds under section
615 of title VI of this Act and shall not be available for obligation
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121 STAT. 2288
PUBLIC LAW 110–161—DEC. 26, 2007
or expenditure except in compliance with the procedures set forth
in that section.
RESTRICTIONS ON UNITED NATIONS DELEGATIONS
SEC. 112. None of the funds made available under title I of
this Act may be used to pay expenses for any United States delegation to any specialized agency, body, or commission of the United
Nations if such commission is chaired or presided over by a country,
the government of which the Secretary of State has determined,
for purposes of section 6(j)(1) of the Export Administration Act
of 1979 (50 U.S.C. App. 2405(j)(1)), has provided support for acts
of international terrorism.
PEACEKEEPING ASSESSMENT
22 USC 287e
note.
SEC. 113. Section 404(b)(2)(B) of the Foreign Relations
Authorization Act, Fiscal Years 1994 and 1995, (22 U.S.C. 287e
note) is amended at the end by adding the following: ‘‘(v) For
assessments made during calendar year 2008, 27.1 percent.’’.
ALHURRA BROADCASTING
Certification.
Reports.
Terrorism.
SEC. 114. Funds appropriated for the programs and activities
of Alhurra in fiscal year 2008 may be made available only if the
Secretary of State certifies and reports to the Committees on Appropriations that Alhurra does not advocate on behalf of any organization that the Secretary knows, or has reason to believe, engages
in terrorist activities.
DEPARTMENT OF STATE INSPECTOR GENERAL
Deadline.
Website.
5 USC app. 6
note.
SEC. 115. (a) LINK TO OFFICE OF INSPECTOR GENERAL FROM
HOMEPAGE OF DEPARTMENT OF STATE.—Not later than 30 days
after the date of the enactment of this Act, the Secretary of State
shall establish and maintain on the homepage of the Internet
website of the Department of State a direct link to the Internet
website of the Office of Inspector General of the Department of
State.
(b) ANONYMOUS REPORTING OF WASTE, FRAUD, OR ABUSE.—
Not later than 30 days after the date of the enactment of this
Act, the Inspector General of the Department of State shall establish
and maintain on the homepage of the Internet website of the
Office of Inspector General a mechanism by which individuals can
anonymously report cases of waste, fraud, or abuse with respect
to the Department of State.
CONSULAR OPERATIONS
Iraq.
Deadline.
SEC. 116. The Secretary of State shall establish limited consular
operations in Iraq within 180 days of enactment of this Act in
which designated categories of aliens may apply and interview
for admission to the United States.
INTERNATIONAL BOUNDARY AND WATER COMMISSION
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Negotiations.
Plans.
Reports.
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SEC. 117. Of the funds appropriated in this Act under the
heading ‘‘International Boundary and Water Commission, United
States and Mexico, Construction’’ (IBWC), up to $66,000,000 may
be expended for construction of secondary wastewater treatment
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PUBLIC LAW 110–161—DEC. 26, 2007
121 STAT. 2289
capability of at least 25 million gallons per day (mgd) from the
Tijuana River, subject to the following conditions: (1) IBWC shall
resume negotiations in accordance with section 804 of Public Law
106–457; (2) IBWC shall prepare design and engineering plans
to upgrade the South Bay International Wastewater Treatment
Plant to treat 25 mgd to secondary treatment and update its conceptual designs for a scalable project capable of treating up to 100
mgd to secondary at the facility; and (3) none of the funds made
available by this section may be obligated for construction before
the Government Accountability Office completes a report on the
proposed projects.
COMMISSION FINANCIAL MANAGEMENT
SEC. 118. (a) REQUIREMENT FOR PERFORMANCE REVIEWS.—The
United States-China Economic and Security Review Commission
shall comply with chapter 43 of title 5, United States Code,
regarding the establishment and regular review of employee
performance appraisals.
(b) LIMITATION ON CASH AWARDS.—The United States-China
Economic and Security Review Commission shall comply with section 4505a of title 5, United States Code, with respect to limitations
on payment of performance-based cash awards.
Compliance.
TITLE II
EXPORT AND INVESTMENT ASSISTANCE
EXPORT-IMPORT BANK
OF THE
UNITED STATES
INSPECTOR GENERAL
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978,
as amended, $1,000,000, to remain available until September 30,
2009.
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PROGRAM ACCOUNT
The Export-Import Bank of the United States is authorized
to make such expenditures within the limits of funds and borrowing
authority available to such corporation, and in accordance with
law, and to make such contracts and commitments without regard
to fiscal year limitations, as provided by section 104 of the Government Corporation Control Act, as may be necessary in carrying
out the program for the current fiscal year for such corporation:
Provided, That none of the funds available during the current
fiscal year may be used to make expenditures, contracts, or commitments for the export of nuclear equipment, fuel, or technology
to any country, other than a nuclear-weapon state as defined in
Article IX of the Treaty on the Non-Proliferation of Nuclear
Weapons eligible to receive economic or military assistance under
this Act, that has detonated a nuclear explosive after the date
of the enactment of this Act: Provided further, That notwithstanding
section 1(c) of Public Law 103–428, as amended, sections 1(a) and
(b) of Public Law 103–428 shall remain in effect through October
1, 2008: Provided further, That not less than 10 percent of the
aggregate loan, guarantee, and insurance authority available to
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Contracts.
12 USC 635 note.
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PUBLIC LAW 110–161—DEC. 26, 2007
the Export-Import Bank under this Act should be used for renewable energy and environmentally beneficial products and services.
SUBSIDY APPROPRIATION
For the cost of direct loans, loan guarantees, insurance, and
tied-aid grants as authorized by section 10 of the Export-Import
Bank Act of 1945, as amended, $68,000,000, to remain available
until September 30, 2011: Provided, That such costs, including
the cost of modifying such loans, shall be as defined in section
502 of the Congressional Budget Act of 1974: Provided further,
That such sums shall remain available until September 30, 2026,
for the disbursement of direct loans, loan guarantees, insurance
and tied-aid grants obligated in fiscal years 2008, 2009, 2010,
and 2011: Provided further, That none of the funds appropriated
by this Act or any prior Act appropriating funds for foreign operations, export financing, and related programs for tied-aid credits
or grants may be used for any other purpose except through the
regular notification procedures of the Committees on Appropriations: Provided further, That funds appropriated by this paragraph
are made available notwithstanding section 2(b)(2) of the ExportImport Bank Act of 1945, in connection with the purchase or lease
of any product by any Eastern European country, any Baltic State
or any agency or national thereof.
Termination
date.
Notification.
ADMINISTRATIVE EXPENSES
For administrative expenses to carry out the direct and guaranteed loan and insurance programs, including hire of passenger
motor vehicles and services as authorized by 5 U.S.C. 3109, and
not to exceed $30,000 for official reception and representation
expenses for members of the Board of Directors, $78,000,000: Provided, That the Export-Import Bank may accept, and use, payment
or services provided by transaction participants for legal, financial,
or technical services in connection with any transaction for which
an application for a loan, guarantee or insurance commitment has
been made: Provided further, That notwithstanding subsection (b)
of section 117 of the Export Enhancement Act of 1992, subsection
(a) thereof shall remain in effect until October 1, 2008.
Termination
date.
RECEIPTS COLLECTED
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Effective date.
Termination
date.
12 USC 635a
note.
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Receipts collected pursuant to the Export-Import Bank Act
of 1945, as amended, and the Federal Credit Reform Act of 1990,
as amended, in an amount not to exceed the amount appropriated
herein, shall be credited as offsetting collections to this account:
Provided, That the sums herein appropriated from the General
Fund shall be reduced on a dollar-for-dollar basis by such offsetting
collections so as to result in a final fiscal year appropriation from
the General Fund estimated at $0: Provided further, That amounts
collected in fiscal year 2008 in excess of obligations, up to
$50,000,000, shall become available October 1, 2008 and shall
remain available until September 30, 2011.
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PUBLIC LAW 110–161—DEC. 26, 2007
121 STAT. 2291
OVERSEAS PRIVATE INVESTMENT CORPORATION
NONCREDIT ACCOUNT
The Overseas Private Investment Corporation is authorized
to make, without regard to fiscal year limitations, as provided
by 31 U.S.C. 9104, such expenditures and commitments within
the limits of funds available to it and in accordance with law
as may be necessary: Provided, That the amount available for
administrative expenses to carry out the credit and insurance programs (including an amount for official reception and representation
expenses which shall not exceed $35,000) shall not exceed
$47,500,000: Provided further, That project-specific transaction
costs, including direct and indirect costs incurred in claims settlements, and other direct costs associated with services provided
to specific investors or potential investors pursuant to section 234
of the Foreign Assistance Act of 1961, shall not be considered
administrative expenses for the purposes of this heading.
PROGRAM ACCOUNT
For the cost of direct and guaranteed loans, $23,500,000, as
authorized by section 234 of the Foreign Assistance Act of 1961,
to be derived by transfer from the Overseas Private Investment
Corporation Noncredit Account: Provided, That such costs, including
the cost of modifying such loans, shall be as defined in section
502 of the Congressional Budget Act of 1974: Provided further,
That such sums shall be available for direct loan obligations and
loan guaranty commitments incurred or made during fiscal years
2008, 2009, and 2010: Provided further, That funds so obligated
in fiscal year 2008 remain available for disbursement through 2016;
funds obligated in fiscal year 2009 remain available for disbursement through 2017; funds obligated in fiscal year 2010 remain
available for disbursement through 2018: Provided further, That
notwithstanding any other provision of law, the Overseas Private
Investment Corporation is authorized to undertake any program
authorized by title IV of the Foreign Assistance Act of 1961 in
Iraq: Provided further, That funds made available pursuant to
the authority of the previous proviso shall be subject to the regular
notification procedures of the Committees on Appropriations.
In addition, such sums as may be necessary for administrative
expenses to carry out the credit program may be derived from
amounts available for administrative expenses to carry out the
credit and insurance programs in the Overseas Private Investment
Corporation Noncredit Account and merged with said account.
FUNDS APPROPRIATED
TO THE
Notification.
PRESIDENT
TRADE AND DEVELOPMENT AGENCY
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For necessary expenses to carry out the provisions of section
661 of the Foreign Assistance Act of 1961, $50,400,000, to remain
available until September 30, 2009.
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121 STAT. 2292
PUBLIC LAW 110–161—DEC. 26, 2007
TITLE III
BILATERAL ECONOMIC ASSISTANCE
FUNDS APPROPRIATED
TO THE
PRESIDENT
For expenses necessary to enable the President to carry out
the provisions of the Foreign Assistance Act of 1961, and for other
purposes, to remain available until September 30, 2008, unless
otherwise specified herein, as follows:
GLOBAL HEALTH AND CHILD SURVIVAL
(INCLUDING
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HIV/AIDS.
Avian flu.
Notification.
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TRANSFER OF FUNDS)
For necessary expenses to carry out the provisions of chapters
1 and 10 of part I of the Foreign Assistance Act of 1961, for
global health activities, in addition to funds otherwise available
for such purposes, $1,843,150,000, to remain available until September 30, 2009, and which shall be apportioned directly to the
United States Agency for International Development: Provided,
That this amount shall be made available for such activities as:
(1) child survival and maternal health programs; (2) immunization
and oral rehydration programs; (3) other health, nutrition, water
and sanitation programs which directly address the needs of mothers and children, and related education programs; (4) assistance
for children displaced or orphaned by causes other than AIDS;
(5) programs for the prevention, treatment, control of, and research
on HIV/AIDS, tuberculosis, polio, malaria, and other infectious diseases, and for assistance to communities severely affected by HIV/
AIDS, including children infected or affected by AIDS; and (6)
family planning/reproductive health: Provided further, That none
of the funds appropriated under this paragraph may be made available for nonproject assistance, except that funds may be made
available for such assistance for ongoing health activities: Provided
further, That of the funds appropriated under this paragraph, not
to exceed $350,000, in addition to funds otherwise available for
such purposes, may be used to monitor and provide oversight of
child survival, maternal and family planning/reproductive health,
and infectious disease programs: Provided further, That of the funds
appropriated under this paragraph the following amounts should
be allocated as follows: $450,150,000 for child survival and maternal
health; $15,000,000 for vulnerable children; $350,000,000 for HIV/
AIDS; $633,000,000 for other infectious diseases, including
$153,000,000 for tuberculosis control, of which $15,000,000 shall
be used for the Global TB Drug Facility; and $395,000,000 for
family planning/reproductive health, including in areas where population growth threatens biodiversity or endangered species: Provided
further, That of the funds appropriated under this paragraph,
$72,500,000 should be made available for a United States contribution to The GAVI Fund, and up to $6,000,000 may be transferred
to and merged with funds appropriated by this Act under the
heading ‘‘Operating Expenses of the United States Agency for International Development’’ for costs directly related to global health,
but funds made available for such costs may not be derived from
amounts made available for contribution under this and preceding
provisos: Provided further, That of the funds appropriated under
this paragraph, $115,000,000 shall be made available to combat
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PUBLIC LAW 110–161—DEC. 26, 2007
121 STAT. 2293
avian influenza, of which $15,000,000 shall be made available,
notwithstanding any other provision of law except section 551 of
Public Law 109–102, to enhance the preparedness of militaries
in Asia and Africa to respond to an avian influenza pandemic,
subject to the regular notification procedures of the Committees
on Appropriations: Provided further, That none of the funds made
available in this Act nor any unobligated balances from prior appropriations may be made available to any organization or program
which, as determined by the President of the United States, supports or participates in the management of a program of coercive
abortion or involuntary sterilization: Provided further, That any
determination made under the previous proviso must be made
no later than six months after the date of enactment of this Act,
and must be accompanied by a comprehensive analysis as well
as the complete evidence and criteria utilized to make the determination: Provided further, That none of the funds made available
under this Act may be used to pay for the performance of abortion
as a method of family planning or to motivate or coerce any person
to practice abortions: Provided further, That nothing in this paragraph shall be construed to alter any existing statutory prohibitions
against abortion under section 104 of the Foreign Assistance Act
of 1961: Provided further, That none of the funds made available
under this Act may be used to lobby for or against abortion: Provided further, That in order to reduce reliance on abortion in developing nations, funds shall be available only to voluntary family
planning projects which offer, either directly or through referral
to, or information about access to, a broad range of family planning
methods and services, and that any such voluntary family planning
project shall meet the following requirements: (1) service providers
or referral agents in the project shall not implement or be subject
to quotas, or other numerical targets, of total number of births,
number of family planning acceptors, or acceptors of a particular
method of family planning (this provision shall not be construed
to include the use of quantitative estimates or indicators for budgeting and planning purposes); (2) the project shall not include
payment of incentives, bribes, gratuities, or financial reward to:
(A) an individual in exchange for becoming a family planning
acceptor; or (B) program personnel for achieving a numerical target
or quota of total number of births, number of family planning
acceptors, or acceptors of a particular method of family planning;
(3) the project shall not deny any right or benefit, including the
right of access to participate in any program of general welfare
or the right of access to health care, as a consequence of any
individual’s decision not to accept family planning services; (4)
the project shall provide family planning acceptors comprehensible
information on the health benefits and risks of the method chosen,
including those conditions that might render the use of the method
inadvisable and those adverse side effects known to be consequent
to the use of the method; and (5) the project shall ensure that
experimental contraceptive drugs and devices and medical procedures are provided only in the context of a scientific study in
which participants are advised of potential risks and benefits; and,
not less than 60 days after the date on which the Administrator
of the United States Agency for International Development determines that there has been a violation of the requirements contained
in paragraph (1), (2), (3), or (5) of this proviso, or a pattern or
practice of violations of the requirements contained in paragraph
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Abortion.
Sterilization.
Deadline.
Abortion.
Lobbying.
Abortion.
Deadline.
Reports.
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121 STAT. 2294
Nondiscrimination.
Compliance.
Condoms.
PUBLIC LAW 110–161—DEC. 26, 2007
(4) of this proviso, the Administrator shall submit to the Committees
on Appropriations a report containing a description of such violation
and the corrective action taken by the Agency: Provided further,
That in awarding grants for natural family planning under section
104 of the Foreign Assistance Act of 1961 no applicant shall be
discriminated against because of such applicant’s religious or conscientious commitment to offer only natural family planning; and,
additionally, all such applicants shall comply with the requirements
of the previous proviso: Provided further, That for purposes of
this or any other Act authorizing or appropriating funds for foreign
operations, export financing, and related programs, the term ‘‘motivate’’, as it relates to family planning assistance, shall not be
construed to prohibit the provision, consistent with local law, of
information or counseling about all pregnancy options: Provided
further, That to the maximum extent feasible, taking into consideration cost, timely availability, and best health practices, funds
appropriated in this Act or prior appropriations Acts that are made
available for condom procurement shall be made available only
for the procurement of condoms manufactured in the United States:
Provided further, That information provided about the use of
condoms as part of projects or activities that are funded from
amounts appropriated by this Act shall be medically accurate and
shall include the public health benefits and failure rates of such
use: Provided further, That of the amount provided by this paragraph, $115,000,000 is designated as described in section 5 (in
the matter preceding division A of this consolidated Act).
In addition, for necessary expenses to carry out the provisions
of the Foreign Assistance Act of 1961 for the prevention, treatment,
and control of, and research on, HIV/AIDS, $4,700,000,000, to
remain available until expended, and which shall be apportioned
directly to the Department of State: Provided, That of the funds
appropriated under this paragraph, $550,000,000 shall be made
available, notwithstanding any other provision of law, except for
the United States Leadership Against HIV/AIDS, Tuberculosis and
Malaria Act of 2003 (Public Law 108–25) for a United States contribution to the Global Fund to Fight AIDS, Tuberculosis and
Malaria, and shall be expended at the minimum rate necessary
to make timely payment for projects and activities: Provided further,
That up to 5 percent of the aggregate amount of funds made
available to the Global Fund in fiscal year 2008 may be made
available to the United States Agency for International Development for technical assistance related to the activities of the Global
Fund: Provided further, That of the funds appropriated under this
paragraph, up to $13,000,000 may be made available, in addition
to amounts otherwise available for such purposes, for administrative
expenses of the Office of the Global AIDS Coordinator: Provided
further, That funds made available under this heading shall be
made available notwithstanding the second sentence of section
403(a) of Public Law 108–25.
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DEVELOPMENT ASSISTANCE
For necessary expenses to carry out the provisions of sections
103, 105, 106, and sections 251 through 255, and chapter 10 of
part I of the Foreign Assistance Act of 1961, $1,636,881,000, to
remain available until September 30, 2009: Provided, That of the
funds appropriated under this heading that are made available
for assistance programs for displaced and orphaned children and
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PUBLIC LAW 110–161—DEC. 26, 2007
121 STAT. 2295
victims of war, not to exceed $43,000, in addition to funds otherwise
available for such purposes, may be used to monitor and provide
oversight of such programs: Provided further, That $400,000,000
should be allocated for basic education: Provided further, That
of the funds appropriated by this Act, not less than $245,000,000
shall be made available for microenterprise and microfinance
development programs for the poor, especially women: Provided
further, That of the funds appropriated under this heading, not
less than $28,000,000 shall be made available for Collaborative
Research Support Programs: Provided further, That of the funds
appropriated under this heading, $750,000 shall be made available
to implement 7 U.S.C. section 1736g–2(a)(2)(C) to improve food
aid product quality and nutrient delivery: Provided further, That
of the funds appropriated under this heading, not less than
$22,500,000 shall be made available for the American Schools and
Hospitals Abroad program: Provided further, That of the funds
appropriated under this heading, $12,000,000 should be made available for cooperative development programs within the Office of
Private and Voluntary Cooperation: Provided further, That funds
appropriated under this heading should be made available for programs to address sexual and gender-based violence: Provided further, That of the funds appropriated in this Act, not less than
$300,000,000 shall be made available for safe drinking water and
sanitation supply projects, including water management related
to safe drinking water and sanitation, only to implement the Senator Paul Simon Water for the Poor Act of 2005 (Public Law
109–121), of which not less than $125,000,000 should be made
available for such projects in Africa: Provided further, That of
the funds appropriated under this heading, not less than
$15,000,000 shall be made available for programs to improve
women’s leadership capacity in recipient countries, and $10,000,000
may be made available to support a fund that enhances economic
opportunities for very poor, poor, and low-income women in developing countries.
INTERNATIONAL DISASTER ASSISTANCE
For necessary expenses to carry out the provisions of section
491 of the Foreign Assistance Act of 1961 for international disaster
relief, rehabilitation, and reconstruction assistance, $432,350,000,
to remain available until expended, of which $20,000,000 should
be for famine prevention and relief: Provided further, That of the
amount provided by this paragraph, $110,000,000 is designated
as described in section 5 (in the matter preceding division A of
this consolidated Act).
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TRANSITION INITIATIVES
For necessary expenses for international disaster rehabilitation
and reconstruction assistance pursuant to section 491 of the Foreign
Assistance Act of 1961, $45,000,000, to remain available until
expended, to support transition to democracy and to long-term
development of countries in crisis: Provided, That such support
may include assistance to develop, strengthen, or preserve democratic institutions and processes, revitalize basic infrastructure,
and foster the peaceful resolution of conflict: Provided further, That
the United States Agency for International Development shall
submit a report to the Committees on Appropriations at least 5
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Reports.
Deadline.
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121 STAT. 2296
PUBLIC LAW 110–161—DEC. 26, 2007
days prior to beginning a new program of assistance: Provided
further, That if the President determines that it is important to
the national interests of the United States to provide transition
assistance in excess of the amount appropriated under this heading,
up to $15,000,000 of the funds appropriated by this Act to carry
out the provisions of part I of the Foreign Assistance Act of 1961
may be used for purposes of this heading and under the authorities
applicable to funds appropriated under this heading: Provided further, That funds made available pursuant to the previous proviso
shall be made available subject to prior consultation with the
Committees on Appropriations.
DEVELOPMENT CREDIT AUTHORITY
(INCLUDING
Notification.
Applicability.
TRANSFER OF FUNDS)
For the cost of direct loans and loan guarantees provided by
the United States Agency for International Development, as authorized by sections 256 and 635 of the Foreign Assistance Act of
1961, up to $21,000,000 may be derived by transfer from funds
appropriated by this Act to carry out part I of such Act and under
the heading ‘‘Assistance for Eastern Europe and the Baltic States’’:
Provided, That such funds shall be made available only for micro
and small enterprise programs, urban programs, and other programs which further the purposes of part I of the Act: Provided
further, That such costs, including the cost of modifying such direct
and guaranteed loans, shall be as defined in section 502 of the
Congressional Budget Act of 1974, as amended: Provided further,
That funds made available by this paragraph may be used for
the cost of modifying any such guaranteed loans under this Act
or prior Acts, and funds used for such costs shall be subject to
the regular notification procedures of the Committees on Appropriations: Provided further, That the provisions of section 107A(d)
(relating to general provisions applicable to the Development Credit
Authority) of the Foreign Assistance Act of 1961, as contained
in section 306 of H.R. 1486 as reported by the House Committee
on International Relations on May 9, 1997, shall be applicable
to direct loans and loan guarantees provided under this heading:
Provided further, That these funds are available to subsidize total
loan principal, any portion of which is to be guaranteed, of up
to $700,000,000.
In addition, for administrative expenses to carry out credit
programs administered by the United States Agency for International Development, $8,160,000, which may be transferred to
and merged with the appropriation for Operating Expenses of the
United States Agency for International Development: Provided,
That funds made available under this heading shall remain available until September 30, 2010.
OPERATING EXPENSES OF THE UNITED STATES AGENCY FOR
INTERNATIONAL DEVELOPMENT
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(INCLUDING
Reports.
Deadline.
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TRANSFER OF FUNDS)
For necessary expenses to carry out the provisions of section
667 of the Foreign Assistance Act of 1961, $655,800,000, of which
up to $25,000,000 may remain available until September 30, 2009:
Provided, That none of the funds appropriated under this heading
and under the heading ‘‘Capital Investment Fund’’ may be made
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PUBLIC LAW 110–161—DEC. 26, 2007
121 STAT. 2297
available to finance the construction (including architect and
engineering services), purchase, or long-term lease of offices for
use by the United States Agency for International Development,
unless the Administrator has identified such proposed construction
(including architect and engineering services), purchase, or longterm lease of offices in a report submitted to the Committees
on Appropriations at least 15 days prior to the obligation of these
funds for such purposes: Provided further, That the previous proviso
shall not apply where the total cost of construction (including
architect and engineering services), purchase, or long-term lease
of offices does not exceed $1,000,000: Provided further, That contracts or agreements entered into with funds appropriated under
this heading may entail commitments for the expenditure of such
funds through fiscal year 2009: Provided further, That any decision
to open a new overseas mission or office of the United States
Agency for International Development or, except where there is
a substantial security risk to mission personnel, to close or significantly reduce the number of personnel of any such mission or
office, shall be subject to the regular notification procedures of
the Committees on Appropriations: Provided further, That the
authority of sections 610 and 109 of the Foreign Assistance Act
of 1961 may be exercised by the Secretary of State to transfer
funds appropriated to carry out chapter 1 of part I of such Act
to ‘‘Operating Expenses of the United States Agency for International Development’’ in accordance with the provisions of those
sections: Provided further, That of the amount provided by this
paragraph, $20,800,000 is designated as described in section 5
(in the matter preceding division A of this consolidated Act).
Notification.
CAPITAL INVESTMENT FUND OF THE UNITED STATES AGENCY FOR
INTERNATIONAL DEVELOPMENT
For necessary expenses for overseas construction and related
costs, and for the procurement and enhancement of information
technology and related capital investments, pursuant to section
667 of the Foreign Assistance Act of 1961, $88,000,000, to remain
available until expended: Provided, That this amount is in addition
to funds otherwise available for such purposes: Provided further,
That funds appropriated under this heading shall be available
for obligation only pursuant to the regular notification procedures
of the Committees on Appropriations.
Notification.
OPERATING EXPENSES OF THE UNITED STATES AGENCY FOR
INTERNATIONAL DEVELOPMENT OFFICE OF INSPECTOR GENERAL
For necessary expenses to carry out the provisions of section
667 of the Foreign Assistance Act of 1961, $38,000,000, to remain
available until September 30, 2009, which sum shall be available
for the Office of the Inspector General of the United States Agency
for International Development.
OTHER BILATERAL ECONOMIC ASSISTANCE
ECONOMIC SUPPORT FUND
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(INCLUDING
TRANSFER OF FUNDS)
For necessary expenses to carry out the provisions of chapter
4 of part II of the Foreign Assistance Act of 1961, $2,994,823,000,
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121 STAT. 2298
Egypt.
Grants.
Jordan.
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Certification.
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PUBLIC LAW 110–161—DEC. 26, 2007
to remain available until September 30, 2009: Provided, That of
the funds appropriated under this heading, not less than
$415,000,000 shall be available only for Egypt, which sum shall
be provided on a grant basis, and of which sum cash transfer
assistance shall be provided with the understanding that Egypt
will undertake significant economic and democratic reforms which
are additional to those which were undertaken in previous fiscal
years: Provided further, That with respect to the provision of assistance for Egypt for democracy, human rights and governance activities, the organizations implementing such assistance and the specific nature of that assistance shall not be subject to the prior
approval by the Government of Egypt: Provided further, That of
the funds appropriated under this heading for assistance for Egypt,
not less than $135,000,000 shall be made available for project
assistance, of which not less than $20,000,000 shall be made available for democracy, human rights and governance programs and
not less than $50,000,000 shall be used for education programs,
of which not less than $10,000,000 should be made available for
scholarships for Egyptian students with high financial need to
attend United States accredited institutions of higher education
in Egypt: Provided further, That $11,000,000 of the funds appropriated under this heading should be made available for Cyprus
to be used only for scholarships, administrative support of the
scholarship program, bicommunal projects, and measures aimed
at reunification of the island and designed to reduce tensions and
promote peace and cooperation between the two communities on
Cyprus: Provided further, That of the funds appropriated under
this heading, not less than $363,547,000 shall be made available
only for assistance for Jordan: Provided further, That of the funds
appropriated under this heading that are made available for assistance for Jordan, up to $40,000,000 may be transferred to, and
merged with, funds appropriated by this Act under the heading
‘‘Debt Restructuring’’ for the costs, as defined in section 502 of
the Congressional Budget Act of 1974, of reducing or cancelling
amounts owed to the United States or any agency of the United
States by the Hashemite Kingdom of Jordan: Provided further,
That of the funds appropriated under this heading not more than
$218,500,000 may be made available for assistance for the West
Bank and Gaza, of which not to exceed $2,000,000 may be used
for administrative expenses of the United States Agency for International Development, in addition to funds otherwise available for
such purposes, to carry out programs in the West Bank and Gaza:
Provided further, That if the President exercises the waiver
authority under section 650 of this Act, of the funds made available
under this heading for assistance to the Palestinian Authority,
not more than $100,000,000 of the funds made available under
this heading for cash transfer assistance to the Palestinian
Authority may be obligated for such assistance until the Secretary
of State certifies and reports to the Committees on Appropriations
that the Palestinian Authority has established a single treasury
account for all Palestinian Authority financing and all financing
mechanisms flow through this account, has eliminated all parallel
financing mechanisms outside of the Palestinian Authority treasury
account, and has established a single comprehensive civil service
roster and payroll: Provided further, That none of the funds appropriated under this heading for cash transfer assistance to the Palestinian Authority may be obligated for salaries of personnel of the
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PUBLIC LAW 110–161—DEC. 26, 2007
121 STAT. 2299
Palestinian Authority located in Gaza: Provided further, That none
of the funds appropriated under this heading for cash transfer
assistance to the Palestinian Authority may be obligated or
expended for assistance to Hamas or any entity effectively controlled
by Hamas or any power-sharing government with Hamas unless
Hamas has accepted the principles contained in section
620K(b)(1)(A) and (B) of the Foreign Assistance Act of 1961, as
amended: Provided further, That the Secretary of State shall ensure
that Federal or non-Federal audits of all funds appropriated under
this heading for cash transfer assistance to the Palestinian
Authority are conducted on at least an annual basis to ensure
compliance with this Act, and such audit shall include a detailed
accounting of all programs, projects, and activities carried out using
such funds, including both obligations and expenditures, and that
the audit is compliant with generally accepted accounting standards: Provided further, That funds made available under this
heading for cash transfer assistance to the Palestinian Authority
shall be subject to the regular notification procedures of the
Committees on Appropriations: Provided further, That $45,000,000
of the funds appropriated under this heading shall be made available for assistance for Lebanon, of which not less than $10,000,000
should be made available for scholarships and direct support of
American educational institutions in Lebanon: Provided further,
That not more than $300,000,000 of the funds made available
for assistance for Afghanistan under this heading may be obligated
for such assistance until the Secretary of State certifies to the
Committees on Appropriations that the Government of Afghanistan
at both the national and provincial level is cooperating fully with
United States funded poppy eradication and interdiction efforts
in Afghanistan: Provided further, That the President may waive
the previous proviso if he determines and reports to the Committees
on Appropriations that to do so is vital to the national security
interests of the United States: Provided further, That such report
shall include an analysis of the steps being taken by the Government of Afghanistan, at the national and provincial level, to
cooperate fully with United States funded poppy eradication and
interdiction efforts in Afghanistan: Provided further, That of the
funds appropriated under this heading, $196,000,000 shall be apportioned directly to the United States Agency for International
Development (USAID) for alternative development/institution
building and sustainable development programs in Colombia and
may be transferred to, and merged with, funds appropriated under
the heading ‘‘Development Assistance’’ to continue programs
administered by USAID: Provided further, That with respect to
funds apportioned to USAID for programs in Colombia under this
heading, the responsibility for policy decisions for the use of such
funds, including which activities will be funded and the amount
of funds that will be provided for each of those activities, shall
be the responsibility of the Administrator of USAID in consultation
with the Assistant Secretary of State for International Narcotics
and Law Enforcement Affairs: Provided further, That of the funds
appropriated under this heading that are available for assistance
for the Democratic Republic of Timor-Leste, up to $1,000,000 may
be available for administrative expenses of the United States
Agency for International Development in addition to amounts otherwise made available for such purposes: Provided further, That notwithstanding any other provision of law, funds appropriated under
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Notification.
Lebanon.
Afghanistan.
Certification.
Reports.
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121 STAT. 2300
Notification.
PUBLIC LAW 110–161—DEC. 26, 2007
this heading may be made available for programs and activities
for the Central Highlands of Vietnam: Provided further, That notwithstanding any other provision of law, of the funds appropriated
under this heading, up to $53,000,000 may be made available
for energy-related assistance for North Korea, subject to the regular
notification procedures of the Committees on Appropriations: Provided further, That funds appropriated under this heading that
are made available for a Middle East Financing Facility, Middle
East Enterprise Fund, or any other similar entity in the Middle
East shall be subject to the regular notification procedures of the
Committees on Appropriations: Provided further, That of the
amount provided by this paragraph, $542,568,000 is designated
as described in section 5 (in the matter preceding division A of
this consolidated Act).
INTERNATIONAL FUND FOR IRELAND
For necessary expenses to carry out the provisions of chapter
4 of part II of the Foreign Assistance Act of 1961, $15,000,000,
which shall be available for the United States contribution to the
International Fund for Ireland and shall be made available in
accordance with the provisions of the Anglo-Irish Agreement Support Act of 1986 (Public Law 99–415): Provided, That such amount
shall be expended at the minimum rate necessary to make timely
payment for projects and activities: Provided further, That funds
made available under this heading shall remain available until
September 30, 2009.
ASSISTANCE FOR EASTERN EUROPE AND THE BALTIC STATES
Applicability.
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President.
Certification.
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(a) For necessary expenses to carry out the provisions of the
Foreign Assistance Act of 1961 and the Support for East European
Democracy (SEED) Act of 1989, $295,950,000, to remain available
until September 30, 2009, which shall be available, notwithstanding
any other provision of law, for assistance and for related programs
for Eastern Europe and the Baltic States.
(b) Funds appropriated under this heading shall be considered
to be economic assistance under the Foreign Assistance Act of
1961 for purposes of making available the administrative authorities contained in that Act for the use of economic assistance.
(c) The provisions of section 628 of this Act shall apply to
funds appropriated under this heading: Provided, That notwithstanding any provision of this or any other Act, including provisions
in this subsection regarding the application of section 628 of this
Act, local currencies generated by, or converted from, funds appropriated by this Act and by previous appropriations Acts and made
available for the economic revitalization program in Bosnia may
be used in Eastern Europe and the Baltic States to carry out
the provisions of the Foreign Assistance Act of 1961 and the Support
for East European Democracy SEED Act of 1989.
(d) The President is authorized to withhold funds appropriated
under this heading made available for economic revitalization programs in Bosnia and Herzegovina, if he determines and certifies
to the Committees on Appropriations that the Federation of Bosnia
and Herzegovina has not complied with article III of annex 1–
A of the General Framework Agreement for Peace in Bosnia and
Herzegovina concerning the withdrawal of foreign forces, and that
intelligence cooperation on training, investigations, and related
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PUBLIC LAW 110–161—DEC. 26, 2007
121 STAT. 2301
activities between state sponsors of terrorism and terrorist organizations and Bosnian officials has not been terminated.
ASSISTANCE FOR THE INDEPENDENT STATES OF THE FORMER SOVIET
UNION
For necessary expenses to carry out the provisions of chapters
11 and 12 of part I of the Foreign Assistance Act of 1961 and
the FREEDOM Support Act, for assistance for the Independent
States of the former Soviet Union and for related programs,
$399,735,000, to remain available until September 30, 2009: Provided, That the provisions of such chapters shall apply to funds
appropriated by this paragraph: Provided further, That funds made
available for the Southern Caucasus region may be used, notwithstanding any other provision of law, for confidence-building measures and other activities in furtherance of the peaceful resolution
of regional conflicts, especially those in the vicinity of Abkhazia
and Nagorno-Karabagh: Provided further, That notwithstanding any
other provision of law, funds appropriated under this heading in
this Act or prior Acts making appropriations for foreign operations,
export financing, and related programs, that are made available
pursuant to the provisions of section 807 of Public Law 102–511
shall be subject to a 6 percent ceiling on administrative expenses.
Applicability.
INDEPENDENT AGENCIES
INTER-AMERICAN FOUNDATION
For necessary expenses to carry out the functions of the InterAmerican Foundation in accordance with the provisions of section
401 of the Foreign Assistance Act of 1969, $21,000,000, to remain
available until September 30, 2009.
AFRICAN DEVELOPMENT FOUNDATION
For necessary expenses to carry out title V of the International
Security and Development Cooperation Act of 1980, Public Law
96–533, $30,000,000, to remain available until September 30, 2009:
Provided, That funds made available to grantees may be invested
pending expenditure for project purposes when authorized by the
Board of Directors of the Foundation: Provided further, That interest
earned shall be used only for the purposes for which the grant
was made: Provided further, That notwithstanding section 505(a)(2)
of the African Development Foundation Act, (1) in exceptional circumstances the Board of Directors of the Foundation may waive
the $250,000 limitation contained in that section with respect to
a project and (2) a project may exceed the limitation by up to
$10,000 if the increase is due solely to foreign currency fluctuation:
Provided further, That the Foundation shall provide a report to
the Committees on Appropriations after each time such waiver
authority is exercised.
Reports.
PEACE CORPS
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(INCLUDING
TRANSFER OF FUNDS)
For necessary expenses to carry out the provisions of the Peace
Corps Act (75 Stat. 612), including the purchase of not to exceed
five passenger motor vehicles for administrative purposes for use
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121 STAT. 2302
Abortions.
PUBLIC LAW 110–161—DEC. 26, 2007
outside of the United States, $333,500,000, to remain available
until September 30, 2009: Provided, That none of the funds appropriated under this heading shall be used to pay for abortions:
Provided further, That the Director may transfer to the Foreign
Currency Fluctuations Account, as authorized by 22 U.S.C. 2515,
an amount not to exceed $2,000,000: Provided further, That funds
transferred pursuant to the previous proviso may not be derived
from amounts made available for Peace Corps overseas operations.
MILLENNIUM CHALLENGE CORPORATION
Reports.
Applicability.
For necessary expenses to carry out the provisions of the Millennium Challenge Act of 2003, $1,557,000,000, to remain available
until expended: Provided, That of the funds appropriated under
this heading, up to $88,000,000 may be available for administrative
expenses of the Millennium Challenge Corporation: Provided further, That up to 10 percent of the funds appropriated under this
heading may be made available to carry out the purposes of section
616 of the Millennium Challenge Act of 2003 for candidate countries
for fiscal year 2008: Provided further, That none of the funds
available to carry out section 616 of such Act may be made available
until the Chief Executive Officer of the Millennium Challenge Corporation provides a report to the Committees on Appropriations
listing the candidate countries that will be receiving assistance
under section 616 of such Act, the level of assistance proposed
for each such country, a description of the proposed programs,
projects and activities, and the implementing agency or agencies
of the United States Government: Provided further, That section
605(e)(4) of the Millennium Challenge Act of 2003 shall apply
to funds appropriated under this heading: Provided further, That
funds appropriated under this heading may be made available
for a Millennium Challenge Compact entered into pursuant to section 609 of the Millennium Challenge Act of 2003 only if such
Compact obligates, or contains a commitment to obligate subject
to the availability of funds and the mutual agreement of the parties
to the Compact to proceed, the entire amount of the United States
Government funding anticipated for the duration of the Compact.
DEPARTMENT
OF
STATE
DEMOCRACY FUND
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Notification.
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(a) For necessary expenses to carry out the provisions of the
Foreign Assistance Act of 1961 for the promotion of democracy
globally, $164,000,000, of which the following amounts shall be
made available, subject to the regular notification procedures of
the Committees on Appropriations, until September 30, 2010—
(1) $64,000,000 for the Human Rights and Democracy Fund
of the Bureau of Democracy, Human Rights and Labor, Department of State, of which $15,000,000 shall be for democracy
and rule of law programs in the People’s Republic of China,
Hong Kong, and Taiwan: Provided, That assistance for Taiwan
should be matched from sources other than the United States
Government: Provided further, That $5,000,000 shall be made
available for programs and activities for the promotion of
democracy in countries located outside the Middle East region
with a significant Muslim population, and where such programs
and activities would be important to United States efforts to
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PUBLIC LAW 110–161—DEC. 26, 2007
121 STAT. 2303
respond to, deter, or prevent acts of international terrorism:
Provided further, That funds used for such purposes should
support new initiatives and activities in those countries: Provided further, That $15,000,000 shall be made available for
an internet freedom initiative to expand access and information
in closed societies, including in the Middle East and Asia:
Provided further, That the Department of State shall consult
with the Committees on Appropriations prior to the initial
obligation of funds made available pursuant to the previous
proviso; and
(2) $100,000,000 for the National Endowment for Democracy: Provided, That of the funds appropriated by this Act
under the headings ‘‘Development Assistance’’, ‘‘Economic Support Fund’’, ‘‘Assistance for Eastern Europe and the Baltic
States’’, and ‘‘Assistance for the Independent States of the
Former Soviet Union’’, an additional $11,000,000 should be
made available to support the ongoing programs and activities
of the National Endowment for Democracy.
(b) Funds appropriated by this Act that are made available
for the promotion of democracy may be made available notwithstanding any other provision of law and, with regard to the National
Endowment for Democracy, any regulation. Funds appropriated
under this heading are in addition to funds otherwise available
for such purposes.
(c) For the purposes of funds appropriated by this Act, the
term ‘‘promotion of democracy’’ means programs that support good
governance, human rights, independent media, and the rule of
law, and otherwise strengthen the capacity of democratic political
parties, governments, nongovernmental organizations and institutions, and citizens to support the development of democratic states,
institutions, and practices that are responsive and accountable to
citizens.
(d) Any contract, grant or cooperative agreement (or any amendment to any contract, grant, or cooperative agreement) in excess
of $2,500,000 for the promotion of democracy under this Act shall
be subject to the regular notification procedures of the Committees
on Appropriations.
Consultation.
Contracts.
Grants.
Notification.
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INTERNATIONAL NARCOTICS CONTROL AND LAW ENFORCEMENT
For necessary expenses to carry out section 481 of the Foreign
Assistance Act of 1961, $558,449,000, to remain available until
September 30, 2010: Provided, That during fiscal year 2008, the
Department of State may also use the authority of section 608
of the Foreign Assistance Act of 1961, without regard to its restrictions, to receive excess property from an agency of the United
States Government for the purpose of providing it to a foreign
country under chapter 8 of part I of that Act subject to the regular
notification procedures of the Committees on Appropriations: Provided further, That the Secretary of State shall provide to the
Committees on Appropriations not later than 45 days after the
date of the enactment of this Act and prior to the initial obligation
of funds appropriated under this heading, a report on the proposed
uses of all funds under this heading on a country-by-country basis
for each proposed program, project, or activity: Provided further,
That none of the funds provided under this heading for counter
narcotics activities in Afghanistan shall be made available for eradication programs through the aerial spraying of herbicides: Provided
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Notification.
Deadline.
Reports.
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121 STAT. 2304
PUBLIC LAW 110–161—DEC. 26, 2007
further, That of the funds appropriated under this heading, not
less than $39,750,000 shall be made available for judicial, human
rights, rule of law and related activities for Colombia, of which
not less than $20,000,000 shall be made available for the Office
of the Attorney General, of which $5,000,000 shall be for the Human
Rights Unit, $5,000,000 shall be for the Justice and Peace Unit,
$7,000,000 shall be used to support a witness protection program
for victims of armed groups, and $3,000,000 shall be for investigations of mass graves and identification of remains: Provided further,
That of the funds appropriated under this heading that are available
for assistance for Colombia, $8,000,000 shall be available for human
rights activities, $5,500,000 shall be available for judicial reform,
$3,000,000 shall be for the Office of the Procuraduria General
de la Nacion, $2,000,000 shall be for the Office of the Defensoria
del Pueblo, and $750,000 should be made available for a United
States contribution to the Office of the United Nations High
Commissioner for Human Rights in Colombia to support monitoring
and public reporting of human rights conditions in the field: Provided further, That of the funds appropriated under this heading,
not more than $38,000,000 may be available for administrative
expenses.
ANDEAN COUNTERDRUG PROGRAMS
(INCLUDING
Deadline.
Reports.
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Notification.
President.
Helicopter.
Columbia.
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TRANSFER OF FUNDS)
For necessary expenses to carry out section 481 of the Foreign
Assistance Act of 1961 to support counterdrug activities in the
Andean region of South America, $327,460,000, to remain available
until September 30, 2010: Provided, That the Secretary of State,
in consultation with the Administrator of the United States Agency
for International Development, shall provide to the Committees
on Appropriations not later than 45 days after the date of the
enactment of this Act and prior to the initial obligation of funds
appropriated under this heading, a report on the proposed uses
of all funds under this heading on a country-by-country basis for
each proposed program, project, or activity: Provided further, That
section 482(b) of the Foreign Assistance Act of 1961 shall not
apply to funds appropriated under this heading: Provided further,
That assistance provided with funds appropriated under this
heading that is made available notwithstanding section 482(b) of
the Foreign Assistance Act of 1961 shall be made available subject
to the regular notification procedures of the Committees on Appropriations: Provided further, That funds made available to the
Department of State for assistance to the Government of Colombia
in this Act may be used to support a unified campaign against
narcotics trafficking and organizations designated as Foreign Terrorist Organizations, and to take actions to protect human health
and welfare in emergency circumstances, including undertaking
rescue operations: Provided further, That this authority shall cease
to be effective if the Secretary of State has credible evidence that
the Colombian Armed Forces are not conducting vigorous operations
to restore government authority and respect for human rights in
areas under the effective control of paramilitary organizations,
illegal self-defense groups, illegal security cooperatives, or other
criminal, guerrilla or successor armed groups or organizations: Provided further, That the President shall ensure that if any helicopter
procured with funds in this Act or prior Acts making appropriations
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PUBLIC LAW 110–161—DEC. 26, 2007
121 STAT. 2305
for foreign operations, export financing, and related programs, is
used to aid or abet the operations of any illegal self-defense group,
paramilitary organization, illegal security cooperative or successor
organizations in Colombia, such helicopter shall be immediately
returned to the United States: Provided further, That no United
States Armed Forces personnel or United States civilian contractor
employed by the United States will participate in any combat operation in connection with assistance made available by this Act
for Colombia: Provided further, That rotary and fixed wing aircraft
supported with funds appropriated under this heading for assistance
for Colombia may be used for aerial or manual drug eradication
and interdiction including to transport personnel and supplies and
to provide security for such operations, and to provide transport
in support of alternative development programs and investigations
of cases under the jurisdiction of the Attorney General, the
Procuraduria General de la Nacion, and the Defensoria del Pueblo:
Provided further, That of the funds appropriated under this heading
that are available for Colombia, up to $2,500,000 shall be transferred to, and merged with, funds appropriated under the heading
‘‘Foreign Military Financing Program’’ and shall be made available
only for assistance for the Colombian Armed Forces to provide
security for manual eradication programs and up to $2,500,000
shall be transferred to, and merged with, funds appropriated under
the heading ‘‘International Narcotics Control and Law Enforcement’’
and shall be made available only for assistance for the Colombian
National Police to provide security for manual eradication programs:
Provided further, That of the funds available for the Colombian
national police for the procurement of chemicals for aerial coca
and poppy eradication programs, not more than 20 percent of such
funds may be made available for such eradication programs unless
the Secretary of State certifies to the Committees on Appropriations
that: (1) the herbicide is being used in accordance with EPA label
requirements for comparable use in the United States and with
Colombian laws; and (2) the herbicide, in the manner it is being
used, does not pose unreasonable risks or adverse effects to humans
or the environment including endemic species: Provided further,
That such funds may not be made available unless the Secretary
of State certifies to the Committees on Appropriations that complaints of harm to health or licit crops caused by such aerial
eradication are thoroughly evaluated and fair compensation is being
paid in a timely manner for meritorious claims: Provided further,
That the Secretary shall submit a report to the Committees on
Appropriations detailing all claims, evaluations, and compensation
paid during the twelve month period prior to the date of enactment
of this Act: Provided further, That such funds may not be made
available for such purposes unless programs are being implemented
by United States Agency for International Development, the
Government of Colombia, or other organizations, in consultation
and coordination with local communities, to provide alternative
sources of income in areas where security permits for small-acreage
growers and communities whose illicit crops are targeted for aerial
eradication: Provided further, That none of the funds appropriated
by this Act shall be made available for the cultivation or processing
of African oil palm, if doing so would contribute to significant
loss of native species, disrupt or contaminate natural water sources,
reduce local food security, or cause the forced displacement of
local people: Provided further, That funds appropriated by this
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Certification.
Certification.
Reports.
Certification.
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121 STAT. 2306
Certification.
Human rights.
PUBLIC LAW 110–161—DEC. 26, 2007
Act may be used for aerial eradication in Colombia’s national parks
or reserves only if the Secretary of State certifies to the Committees
on Appropriations on a case-by-case basis that there are no effective
alternatives and the eradication is conducted in accordance with
Colombian laws: Provided further, That funds appropriated under
this heading that are made available for assistance for the Bolivian
military and police may be made available for such purposes only
if the Secretary of State certifies to the Committees on Appropriations that the Bolivian military and police are respecting human
rights and cooperating fully with investigations and prosecutions
by civilian judicial authorities of military and police personnel who
have been implicated in gross violations of human rights: Provided
further, That of the funds appropriated under this heading, not
more than $17,000,000 may be available for administrative expenses
of the Department of State, and not more than $7,800,000 may
be available, in addition to amounts otherwise available for such
purposes, for administrative expenses of the United States Agency
for International Development.
MIGRATION AND REFUGEE ASSISTANCE
For expenses, not otherwise provided for, necessary to enable
the Secretary of State to provide, as authorized by law, a contribution to the International Committee of the Red Cross, assistance
to refugees, including contributions to the International Organization for Migration and the United Nations High Commissioner
for Refugees, and other activities to meet refugee and migration
needs; salaries and expenses of personnel and dependents as authorized by the Foreign Service Act of 1980; allowances as authorized
by sections 5921 through 5925 of title 5, United States Code;
purchase and hire of passenger motor vehicles; and services as
authorized by section 3109 of title 5, United States Code,
$1,029,900,000, to remain available until expended: Provided, That
not more than $23,000,000 may be available for administrative
expenses: Provided further, That not less than $40,000,000 of the
funds made available under this heading shall be made available
for refugees resettling in Israel: Provided further, That funds made
available under this heading shall be made available for assistance
for refugees from North Korea: Provided further, That of the amount
provided by this paragraph, $200,000,000 is designated as described
in section 5 (in the matter preceding division A of this consolidated
Act).
UNITED STATES EMERGENCY REFUGEE AND MIGRATION ASSISTANCE
FUND
For necessary expenses to carry out the provisions of section
2(c) of the Migration and Refugee Assistance Act of 1962, as
amended (22 U.S.C. 2601(c)), $45,000,000, to remain available until
expended.
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NONPROLIFERATION, ANTI-TERRORISM, DEMINING AND RELATED
PROGRAMS
For necessary expenses for nonproliferation, anti-terrorism,
demining and related programs and activities, $487,000,000, to
carry out the provisions of chapter 8 of part II of the Foreign
Assistance Act of 1961 for anti-terrorism assistance, chapter 9 of
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PUBLIC LAW 110–161—DEC. 26, 2007
121 STAT. 2307
part II of the Foreign Assistance Act of 1961, section 504 of the
FREEDOM Support Act, section 23 of the Arms Export Control
Act or the Foreign Assistance Act of 1961 for demining activities,
the clearance of unexploded ordnance, the destruction of small
arms, and related activities, notwithstanding any other provision
of law, including activities implemented through nongovernmental
and international organizations, and section 301 of the Foreign
Assistance Act of 1961 for a voluntary contribution to the International Atomic Energy Agency (IAEA), and for a United States
contribution to the Comprehensive Nuclear Test Ban Treaty Preparatory Commission: Provided, That of this amount not to exceed
$34,000,000, to remain available until expended, may be made
available for the Nonproliferation and Disarmament Fund, notwithstanding any other provision of law, to promote bilateral and multilateral activities relating to nonproliferation and disarmament: Provided further, That such funds may also be used for such countries
other than the Independent States of the former Soviet Union
and international organizations when it is in the national security
interest of the United States to do so: Provided further, That of
the funds appropriated under this heading, not less than
$26,000,000 shall be made available for the Biosecurity Engagement
Program: Provided further, That funds appropriated under this
heading may be made available for the International Atomic Energy
Agency only if the Secretary of State determines (and so reports
to the Congress) that Israel is not being denied its right to participate in the activities of that Agency: Provided further, That of
the funds made available for demining and related activities, not
to exceed $700,000, in addition to funds otherwise available for
such purposes, may be used for administrative expenses related
to the operation and management of the demining program: Provided further, That funds appropriated under this heading that
are available for ‘‘Anti-terrorism Assistance’’ and ‘‘Export Control
and Border Security’’ shall remain available until September 30,
2009.
DEPARTMENT
OF THE
Reports.
TREASURY
INTERNATIONAL AFFAIRS TECHNICAL ASSISTANCE
For necessary expenses to carry out the provisions of section
129 of the Foreign Assistance Act of 1961, $20,400,000, to remain
available until September 30, 2010, which shall be available notwithstanding any other provision of law.
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DEBT RESTRUCTURING
For the cost, as defined in section 502 of the Congressional
Budget Act of 1974, of modifying loans and loan guarantees, as
the President may determine, for which funds have been appropriated or otherwise made available for programs within the International Affairs Budget Function 150, including the cost of selling,
reducing, or canceling amounts owed to the United States as a
result of concessional loans made to eligible countries, pursuant
to parts IV and V of the Foreign Assistance Act of 1961, of modifying
concessional credit agreements with least developed countries, as
authorized under section 411 of the Agricultural Trade Development
and Assistance Act of 1954, as amended, of concessional loans,
guarantees and credit agreements, as authorized under section
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121 STAT. 2308
Human rights.
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Notification.
VerDate Aug 31 2005
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PUBLIC LAW 110–161—DEC. 26, 2007
572 of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1989 (Public Law 100–461), and of canceling amounts owed, as a result of loans or guarantees made
pursuant to the Export-Import Bank Act of 1945, by countries
that are eligible for debt reduction pursuant to title V of H.R.
3425 as enacted into law by section 1000(a)(5) of Public Law 106–
113, $30,300,000, to remain available until September 30, 2010:
Provided, That not less than $20,000,000 of the funds appropriated
under this heading shall be made available to carry out the provisions of part V of the Foreign Assistance Act of 1961: Provided
further, That amounts paid to the HIPC Trust Fund may be used
only to fund debt reduction under the enhanced HIPC initiative
by—
(1) the Inter-American Development Bank;
(2) the African Development Fund;
(3) the African Development Bank; and
(4) the Central American Bank for Economic Integration:
Provided further, That funds may not be paid to the HIPC Trust
Fund for the benefit of any country if the Secretary of State has
credible evidence that the government of such country is engaged
in a consistent pattern of gross violations of internationally recognized human rights or in military or civil conflict that undermines
its ability to develop and implement measures to alleviate poverty
and to devote adequate human and financial resources to that
end: Provided further, That on the basis of final appropriations,
the Secretary of the Treasury shall consult with the Committees
on Appropriations concerning which countries and international
financial institutions are expected to benefit from a United States
contribution to the HIPC Trust Fund during the fiscal year: Provided further, That the Secretary of the Treasury shall inform
the Committees on Appropriations not less than 15 days in advance
of the signature of an agreement by the United States to make
payments to the HIPC Trust Fund of amounts for such countries
and institutions: Provided further, That the Secretary of the
Treasury may disburse funds designated for debt reduction through
the HIPC Trust Fund only for the benefit of countries that—
(1) have committed, for a period of 24 months, not to
accept new market-rate loans from the international financial
institution receiving debt repayment as a result of such
disbursement, other than loans made by such institutions to
export-oriented commercial projects that generate foreign
exchange which are generally referred to as ‘‘enclave’’ loans;
and
(2) have documented and demonstrated their commitment
to redirect their budgetary resources from international debt
repayments to programs to alleviate poverty and promote economic growth that are additional to or expand upon those
previously available for such purposes:
Provided further, That any limitation of subsection (e) of section
411 of the Agricultural Trade Development and Assistance Act
of 1954 shall not apply to funds appropriated under this heading:
Provided further, That none of the funds made available under
this heading in this or any other appropriations Act shall be made
available for Sudan or Burma unless the Secretary of the Treasury
determines and notifies the Committees on Appropriations that
a democratically elected government has taken office.
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PUBLIC LAW 110–161—DEC. 26, 2007
121 STAT. 2309
TITLE IV
MILITARY ASSISTANCE
FUNDS APPROPRIATED
TO THE
PRESIDENT
INTERNATIONAL MILITARY EDUCATION AND TRAINING
For necessary expenses to carry out the provisions of section
541 of the Foreign Assistance Act of 1961, $85,877,000, of which
up to $3,000,000 may remain available until expended: Provided,
That funds appropriated under this heading shall not be available
for Equatorial Guinea: Provided further, That the civilian personnel
for whom military education and training may be provided under
this heading may include civilians who are not members of a
government whose participation would contribute to improved civilmilitary relations, civilian control of the military, or respect for
human rights: Provided further, That funds appropriated under
this heading that are made available for assistance for Angola,
Cameroon, Central African Republic, Chad, Cote d’Ivoire, Guinea,
Libya, and Nepal may be made available only for expanded international military education and training: Provided further, That
funds made available under this heading in the second proviso
and for assistance for Haiti, Guatemala, the Democratic Republic
of the Congo, Sri Lanka, Ethiopia, Bangladesh, Libya, Angola,
and Nigeria may only be provided through the regular notification
procedures of the Committees on Appropriations and any such
notification shall include a detailed description of proposed activities.
Notification.
FOREIGN MILITARY FINANCING PROGRAM
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(INCLUDING
TRANSFER OF FUNDS)
For expenses necessary for grants to enable the President to
carry out the provisions of section 23 of the Arms Export Control
Act, $4,588,325,000: Provided, That of the funds appropriated under
this heading, not less than $2,400,000,000 shall be available for
grants only for Israel, and not less than $1,300,000,000 shall be
made available for grants only for Egypt: Provided further, That
the funds appropriated by this paragraph for Israel shall be disbursed within 30 days of the enactment of this Act: Provided further,
That to the extent that the Government of Israel requests that
funds be used for such purposes, grants made available for Israel
by this paragraph shall, as agreed by Israel and the United States,
be available for advanced weapons systems, of which not less than
$631,200,000 shall be available for the procurement in Israel of
defense articles and defense services, including research and
development: Provided further, That of the funds appropriated by
this paragraph, $300,000,000 shall be made available for assistance
for Jordan: Provided further, That of the funds appropriated under
this heading, not more than $53,000,000 shall be available for
Colombia, of which $5,000,000 should be made available for medical
and rehabilitation assistance, removal of landmines, and to enhance
communications capabilities: Provided further, That of the funds
appropriated under this heading, $3,655,000 may be made available
for assistance for Morocco, and an additional $1,000,000 may be
made available if the Secretary of State certifies to the Committees
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Israel.
Deadline.
Certification.
Morocco.
Human rights.
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121 STAT. 2310
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Notification.
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PUBLIC LAW 110–161—DEC. 26, 2007
on Appropriations that the Government of Morocco is continuing
to make progress on human rights, and is allowing all persons
to advocate freely their views regarding the status and future
of the Western Sahara through the exercise of their rights to
peaceful expression, association and assembly and to document
violations of human rights in that territory without harassment:
Provided further, That funds appropriated or otherwise made available by this paragraph shall be nonrepayable notwithstanding any
requirement in section 23 of the Arms Export Control Act: Provided
further, That funds made available under this paragraph shall
be obligated upon apportionment in accordance with paragraph
(5)(C) of title 31, United States Code, section 1501(a): Provided
further, That $4,000,000 of the funds appropriated under this
heading shall be transferred to and merged with funds appropriated
under the heading ‘‘Diplomatic and Consular Programs’’ to be made
available to the Bureau of Democracy, Human Rights and Labor,
Department of State, to ensure adequate monitoring of the uses
of assistance made available under this heading in countries where
such monitoring is most needed, in addition to amounts otherwise
available for such purposes.
None of the funds made available under this heading shall
be available to finance the procurement of defense articles, defense
services, or design and construction services that are not sold by
the United States Government under the Arms Export Control
Act unless the foreign country proposing to make such procurements
has first signed an agreement with the United States Government
specifying the conditions under which such procurements may be
financed with such funds: Provided, That all country and funding
level increases in allocations shall be submitted through the regular
notification procedures of section 615 of this Act: Provided further,
That none of the funds appropriated under this heading shall be
available for assistance for Sudan: Provided further, That none
of the funds appropriated under this heading may be made available
for assistance for Haiti, Guatemala, Nepal, Sri Lanka, Pakistan,
Bangladesh, Philippines, Indonesia, Bosnia and Herzegovina, Ethiopia, and Democratic Republic of the Congo except pursuant to
the regular notification procedures of the Committees on Appropriations: Provided further, That funds made available under this
heading may be used, notwithstanding any other provision of law,
for demining, the clearance of unexploded ordnance, and related
activities, and may include activities implemented through nongovernmental and international organizations: Provided further,
That only those countries for which assistance was justified for
the ‘‘Foreign Military Sales Financing Program’’ in the fiscal year
1989 congressional presentation for security assistance programs
may utilize funds made available under this heading for procurement of defense articles, defense services or design and construction
services that are not sold by the United States Government under
the Arms Export Control Act: Provided further, That funds appropriated under this heading shall be expended at the minimum
rate necessary to make timely payment for defense articles and
services: Provided further, That not more than $41,900,000 of the
funds appropriated under this heading may be obligated for necessary expenses, including the purchase of passenger motor vehicles
for replacement only for use outside of the United States, for the
general costs of administering military assistance and sales: Provided further, That not more than $395,000,000 of funds realized
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PUBLIC LAW 110–161—DEC. 26, 2007
121 STAT. 2311
pursuant to section 21(e)(1)(A) of the Arms Export Control Act
may be obligated for expenses incurred by the Department of
Defense during fiscal year 2008 pursuant to section 43(b) of the
Arms Export Control Act, except that this limitation may be
exceeded only through the regular notification procedures of the
Committees on Appropriations: Provided further, That foreign military financing program funds estimated to be outlayed for Egypt
during fiscal year 2008 shall be transferred to an interest bearing
account for Egypt in the Federal Reserve Bank of New York within
30 days of enactment of this Act: Provided further, That of the
amount provided by this paragraph, $100,000,000 is designated
as described in section 5 (in the matter preceding division A of
this consolidated Act).
Egypt.
Deadline.
PEACEKEEPING OPERATIONS
For necessary expenses to carry out the provisions of section
551 of the Foreign Assistance Act of 1961, $263,230,000: Provided,
That of the funds made available under this heading, not less
than $25,000,000 shall be made available for a United States contribution to the Multinational Force and Observers mission in the
Sinai: Provided further, That none of the funds appropriated under
this heading shall be obligated or expended except as provided
through the regular notification procedures of the Committees on
Appropriations: Provided further, That of the amount provided by
this paragraph, $35,000,000 is designated as described in section
5 (in the matter preceding division A of this consolidated Act).
TITLE V
MULTILATERAL ECONOMIC ASSISTANCE
FUNDS APPROPRIATED
TO THE
PRESIDENT
INTERNATIONAL FINANCIAL INSTITUTIONS
GLOBAL ENVIRONMENT FACILITY
For the United States contribution for the Global Environment
Facility, $81,763,000 to the International Bank for Reconstruction
and Development as trustee for the Global Environment Facility,
by the Secretary of the Treasury, to remain available until
expended.
CONTRIBUTION TO THE INTERNATIONAL DEVELOPMENT ASSOCIATION
For payment to the International Development Association by
the Secretary of the Treasury, $950,000,000, to remain available
until expended.
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CONTRIBUTION TO THE ENTERPRISE FOR THE AMERICAS
MULTILATERAL INVESTMENT FUND
For payment to the Enterprise for the Americas Multilateral
Investment Fund by the Secretary of the Treasury, for the United
States contribution to the fund, $25,000,000, to remain available
until expended.
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121 STAT. 2312
PUBLIC LAW 110–161—DEC. 26, 2007
CONTRIBUTION TO THE ASIAN DEVELOPMENT FUND
For the United States contribution by the Secretary of the
Treasury to the increase in resources of the Asian Development
Fund, as authorized by the Asian Development Bank Act, as
amended, $75,153,000, to remain available until expended.
CONTRIBUTION TO THE AFRICAN DEVELOPMENT BANK
For payment to the African Development Bank by the Secretary
of the Treasury, $2,037,000, for the United States paid-in share
of the increase in capital stock, to remain available until expended.
LIMITATION ON CALLABLE CAPITAL SUBSCRIPTIONS
The United States Governor of the African Development Bank
may subscribe without fiscal year limitation for the callable capital
portion of the United States share of such capital stock in an
amount not to exceed $31,918,770.
CONTRIBUTION TO THE AFRICAN DEVELOPMENT FUND
For the United States contribution by the Secretary of the
Treasury to the increase in resources of the African Development
Fund, $135,684,000, to remain available until expended.
CONTRIBUTION TO THE EUROPEAN BANK FOR RECONSTRUCTION AND
DEVELOPMENT
For payment to the European Bank for Reconstruction and
Development by the Secretary of the Treasury, $10,159 for the
United States share of the paid-in portion of the increase in capital
stock, to remain available until expended.
CONTRIBUTION TO THE INTERNATIONAL FUND FOR AGRICULTURAL
DEVELOPMENT
For the United States contribution by the Secretary of the
Treasury to increase the resources of the International Fund for
Agricultural Development, $18,072,000, to remain available until
expended.
INTERNATIONAL ORGANIZATIONS AND PROGRAMS
For necessary expenses to carry out the provisions of section
301 of the Foreign Assistance Act of 1961, and of section 2 of
the United Nations Environment Program Participation Act of 1973,
$319,485,000.
TITLE VI
GENERAL PROVISIONS
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COMPENSATION FOR UNITED STATES EXECUTIVE DIRECTORS TO
INTERNATIONAL FINANCIAL INSTITUTIONS
SEC. 601. (a) No funds appropriated in titles II through V
of this Act may be made as payment to any international financial
institution while the United States Executive Director to such
institution is compensated by the institution at a rate which,
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PUBLIC LAW 110–161—DEC. 26, 2007
121 STAT. 2313
together with whatever compensation such Director receives from
the United States, is in excess of the rate provided for an individual
occupying a position at level IV of the Executive Schedule under
section 5315 of title 5, United States Code, or while any alternate
United States Director to such institution is compensated by the
institution at a rate in excess of the rate provided for an individual
occupying a position at level V of the Executive Schedule under
section 5316 of title 5, United States Code.
(b) For purposes of this section ‘‘international financial institutions’’ are: the International Bank for Reconstruction and Development, the Inter-American Development Bank, the Asian Development Bank, the Asian Development Fund, the African Development
Bank, the African Development Fund, the International Monetary
Fund, the North American Development Bank, and the European
Bank for Reconstruction and Development.
RESTRICTION ON CONTRIBUTIONS TO THE UNITED NATIONS
SEC. 602. None of the funds appropriated or otherwise made
available under any title of this Act may be made available to
make any assessed contribution or voluntary payment of the United
States to the United Nations if the United Nations implements
or imposes any taxation on any United States persons.
LIMITATION ON RESIDENCE EXPENSES
SEC. 603. Of the funds appropriated or made available pursuant
to title III of this Act, not to exceed $100,500 shall be for official
residence expenses of the United States Agency for International
Development during the current fiscal year: Provided, That appropriate steps shall be taken to assure that, to the maximum extent
possible, United States-owned foreign currencies are utilized in
lieu of dollars.
UNOBLIGATED BALANCES REPORT
SEC. 604. Any Department or Agency to which funds are appropriated or otherwise made available by this Act shall provide to
the Committees on Appropriations a quarterly accounting of cumulative balances by program, project, and activity of the funds
received by such Department or Agency in this fiscal year or any
previous fiscal year that remain unobligated and unexpended.
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LIMITATION ON REPRESENTATIONAL ALLOWANCES
SEC. 605. Of the funds appropriated or made available pursuant
to titles II through V of this Act, not to exceed $250,000 shall
be available for representation and entertainment allowances, of
which not to exceed $4,000 shall be available for entertainment
allowances, for the United States Agency for International Development during the current fiscal year: Provided, That no such entertainment funds may be used for the purposes listed in section
648 of this Act: Provided further, That appropriate steps shall
be taken to assure that, to the maximum extent possible, United
States-owned foreign currencies are utilized in lieu of dollars: Provided further, That of the funds made available by this Act for
general costs of administering military assistance and sales under
the heading ‘‘Foreign Military Financing Program’’, not to exceed
$4,000 shall be available for entertainment expenses and not to
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121 STAT. 2314
PUBLIC LAW 110–161—DEC. 26, 2007
exceed $130,000 shall be available for representation allowances:
Provided further, That of the funds made available by this Act
under the heading ‘‘International Military Education and Training’’,
not to exceed $55,000 shall be available for entertainment allowances: Provided further, That of the funds made available by this
Act for the Inter-American Foundation, not to exceed $3,000 shall
be available for entertainment and representation allowances: Provided further, That of the funds made available by this Act for
the Peace Corps, not to exceed a total of $4,000 shall be available
for entertainment expenses: Provided further, That of the funds
made available by this Act under the heading ‘‘Trade and Development Agency’’, not to exceed $4,000 shall be available for representation and entertainment allowances: Provided further, That of the
funds made available by this Act under the heading ‘‘Millennium
Challenge Corporation’’, not to exceed $115,000 shall be available
for representation and entertainment allowances.
PROHIBITION ON TAXATION OF UNITED STATES ASSISTANCE
Negotiations.
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Certification.
Reports.
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SEC. 606. (a) PROHIBITION ON TAXATION.—None of the funds
appropriated under titles II through V of this Act may be made
available to provide assistance for a foreign country under a new
bilateral agreement governing the terms and conditions under which
such assistance is to be provided unless such agreement includes
a provision stating that assistance provided by the United States
shall be exempt from taxation, or reimbursed, by the foreign government, and the Secretary of State shall expeditiously seek to negotiate amendments to existing bilateral agreements, as necessary,
to conform with this requirement.
(b) REIMBURSEMENT OF FOREIGN TAXES.—An amount equivalent to 200 percent of the total taxes assessed during fiscal year
2008 on funds appropriated by this Act by a foreign government
or entity against commodities financed under United States assistance programs for which funds are appropriated by this Act, either
directly or through grantees, contractors and subcontractors shall
be withheld from obligation from funds appropriated for assistance
for fiscal year 2009 and allocated for the central government of
such country and for the West Bank and Gaza Program to the
extent that the Secretary of State certifies and reports in writing
to the Committees on Appropriations that such taxes have not
been reimbursed to the Government of the United States.
(c) DE MINIMIS EXCEPTION.—Foreign taxes of a de minimis
nature shall not be subject to the provisions of subsection (b).
(d) REPROGRAMMING OF FUNDS.—Funds withheld from obligation for each country or entity pursuant to subsection (b) shall
be reprogrammed for assistance to countries which do not assess
taxes on United States assistance or which have an effective
arrangement that is providing substantial reimbursement of such
taxes.
(e) DETERMINATIONS.—
(1) The provisions of this section shall not apply to any
country or entity the Secretary of State determines—
(A) does not assess taxes on United States assistance
or which has an effective arrangement that is providing
substantial reimbursement of such taxes; or
(B) the foreign policy interests of the United States
outweigh the policy of this section to ensure that United
States assistance is not subject to taxation.
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PUBLIC LAW 110–161—DEC. 26, 2007
121 STAT. 2315
(2) The Secretary of State shall consult with the Committees on Appropriations at least 15 days prior to exercising
the authority of this subsection with regard to any country
or entity.
(f) IMPLEMENTATION.—The Secretary of State shall issue rules,
regulations, or policy guidance, as appropriate, to implement the
prohibition against the taxation of assistance contained in this
section.
(g) DEFINITIONS.—As used in this section—
(1) the terms ‘‘taxes’’ and ‘‘taxation’’ refer to value added
taxes and customs duties imposed on commodities financed
with United States assistance for programs for which funds
are appropriated by this Act; and
(2) the term ‘‘bilateral agreement’’ refers to a framework
bilateral agreement between the Government of the United
States and the government of the country receiving assistance
that describes the privileges and immunities applicable to
United States foreign assistance for such country generally,
or an individual agreement between the Government of the
United States and such government that describes, among other
things, the treatment for tax purposes that will be accorded
the United States assistance provided under that agreement.
Consultation.
Deadline.
Regulations.
PROHIBITION AGAINST DIRECT FUNDING FOR CERTAIN COUNTRIES
SEC. 607. None of the funds appropriated or otherwise made
available pursuant to this Act shall be obligated or expended to
finance directly any assistance or reparations to Cuba, North Korea,
Iran, or Syria: Provided, That for purposes of this section, the
prohibition on obligations or expenditures shall include direct loans,
credits, insurance and guarantees of the Export-Import Bank or
its agents.
MILITARY COUPS
SEC. 608. None of the funds appropriated or otherwise made
available pursuant to titles II through V of this Act shall be obligated or expended to finance directly any assistance to the government of any country whose duly elected head of government is
deposed by military coup or decree: Provided, That assistance may
be resumed to such government if the President determines and
certifies to the Committees on Appropriations that subsequent to
the termination of assistance a democratically elected government
has taken office: Provided further, That the provisions of this section
shall not apply to assistance to promote democratic elections or
public participation in democratic processes: Provided further, That
funds made available pursuant to the previous provisos shall be
subject to the regular notification procedures of the Committees
on Appropriations.
President.
Certification.
TRANSFER AUTHORITY
SEC. 609. (a) DEPARTMENT OF STATE AND BROADCASTING BOARD
GOVERNORS.—Not to exceed 5 percent of any appropriation made
available for the current fiscal year for the Department of State
under title I of this Act may be transferred between such appropriations, but no such appropriation, except as otherwise specifically
provided, shall be increased by more than 10 percent by any such
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OF
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121 STAT. 2316
President.
Notification.
PUBLIC LAW 110–161—DEC. 26, 2007
transfers: Provided, That not to exceed 5 percent of any appropriation made available for the current fiscal year for the Broadcasting
Board of Governors under title I of this Act may be transferred
between such appropriations, but no such appropriation, except
as otherwise specifically provided, shall be increased by more than
10 percent by any such transfers: Provided further, That any
transfer pursuant to this section shall be treated as a reprogramming of funds under section 615 (a) and (b) of this Act and shall
not be available for obligation or expenditure except in compliance
with the procedures set forth in that section.
(b) EXPORT FINANCING TRANSFER AUTHORITIES.—Not to exceed
5 percent of any appropriation other than for administrative
expenses made available for fiscal year 2008, for programs under
title II of this Act may be transferred between such appropriations
for use for any of the purposes, programs, and activities for which
the funds in such receiving account may be used, but no such
appropriation, except as otherwise specifically provided, shall be
increased by more than 25 percent by any such transfer: Provided,
That the exercise of such authority shall be subject to the regular
notification procedures of the Committees on Appropriations.
(c)(1) LIMITATION ON TRANSFERS BETWEEN AGENCIES.—None
of the funds made available under titles II through V of this
Act may be transferred to any department, agency, or instrumentality of the United States Government, except pursuant to a
transfer made by, or transfer authority provided in, this Act or
any other appropriation Act.
(2) Notwithstanding paragraph (1), in addition to transfers
made by, or authorized elsewhere in, this Act, funds appropriated
by this Act to carry out the purposes of the Foreign Assistance
Act of 1961 may be allocated or transferred to agencies of the
United States Government pursuant to the provisions of sections
109, 610, and 632 of the Foreign Assistance Act of 1961.
(d) TRANSFERS BETWEEN ACCOUNTS.—None of the funds made
available under titles II through V of this Act may be obligated
under an appropriation account to which they were not appropriated, except for transfers specifically provided for in this Act,
unless the President provides notification in accordance with the
regular notification procedures of the Committees on Appropriations.
(e) AUDIT OF INTER-AGENCY TRANSFERS.—Any agreement for
the transfer or allocation of funds appropriated by this Act, or
prior Acts, entered into between the United States Agency for
International Development and another agency of the United States
Government under the authority of section 632(a) of the Foreign
Assistance Act of 1961 or any comparable provision of law, shall
expressly provide that the Office of the Inspector General for the
agency receiving the transfer or allocation of such funds shall
perform periodic program and financial audits of the use of such
funds: Provided, That funds transferred under such authority may
be made available for the cost of such audits.
COMMERCIAL LEASING OF DEFENSE ARTICLES
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President.
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SEC. 610. Notwithstanding any other provision of law, and
subject to the regular notification procedures of the Committees
on Appropriations, the authority of section 23(a) of the Arms Export
Control Act may be used to provide financing to Israel, Egypt
and NATO and major non-NATO allies for the procurement by
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PUBLIC LAW 110–161—DEC. 26, 2007
121 STAT. 2317
leasing (including leasing with an option to purchase) of defense
articles from United States commercial suppliers, not including
Major Defense Equipment (other than helicopters and other types
of aircraft having possible civilian application), if the President
determines that there are compelling foreign policy or national
security reasons for those defense articles being provided by
commercial lease rather than by government-to-government sale
under such Act.
AVAILABILITY OF FUNDS
SEC. 611. No part of any appropriation contained in this Act
shall remain available for obligation after the expiration of the
current fiscal year unless expressly so provided in this Act: Provided, That funds appropriated for the purposes of chapters 1,
8, 11, and 12 of part I, section 661, section 667, chapters 4, 5,
6, 8, and 9 of part II of the Foreign Assistance Act of 1961,
section 23 of the Arms Export Control Act, and funds provided
under the headings ‘‘Assistance for Eastern Europe and the Baltic
States’’ and ‘‘Development Credit Authority’’, shall remain available
for an additional 4 years from the date on which the availability
of such funds would otherwise have expired, if such funds are
initially obligated before the expiration of their respective periods
of availability contained in this Act: Provided further, That, notwithstanding any other provision of this Act, any funds made available
for the purposes of chapter 1 of part I and chapter 4 of part
II of the Foreign Assistance Act of 1961 which are allocated or
obligated for cash disbursements in order to address balance of
payments or economic policy reform objectives, shall remain available until expended.
LIMITATION ON ASSISTANCE TO COUNTRIES IN DEFAULT
SEC. 612. No part of any appropriation provided under titles
II through V in this Act shall be used to furnish assistance to
the government of any country which is in default during a period
in excess of one calendar year in payment to the United States
of principal or interest on any loan made to the government of
such country by the United States pursuant to a program for
which funds are appropriated under this Act unless the President
determines, following consultations with the Committees on Appropriations, that assistance to such country is in the national interest
of the United States.
President.
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COMMERCE AND TRADE
SEC. 613. (a) None of the funds appropriated or made available
pursuant to titles II through V of this Act for direct assistance
and none of the funds otherwise made available to the ExportImport Bank and the Overseas Private Investment Corporation
shall be obligated or expended to finance any loan, any assistance
or any other financial commitments for establishing or expanding
production of any commodity for export by any country other than
the United States, if the commodity is likely to be in surplus
on world markets at the time the resulting productive capacity
is expected to become operative and if the assistance will cause
substantial injury to United States producers of the same, similar,
or competing commodity: Provided, That such prohibition shall not
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121 STAT. 2318
PUBLIC LAW 110–161—DEC. 26, 2007
apply to the Export-Import Bank if in the judgment of its Board
of Directors the benefits to industry and employment in the United
States are likely to outweigh the injury to United States producers
of the same, similar, or competing commodity, and the Chairman
of the Board so notifies the Committees on Appropriations.
(b) None of the funds appropriated by this or any other Act
to carry out chapter 1 of part I of the Foreign Assistance Act
of 1961 shall be available for any testing or breeding feasibility
study, variety improvement or introduction, consultancy, publication, conference, or training in connection with the growth or
production in a foreign country of an agricultural commodity for
export which would compete with a similar commodity grown or
produced in the United States: Provided, That this subsection shall
not prohibit—
(1) activities designed to increase food security in developing countries where such activities will not have a significant
impact on the export of agricultural commodities of the United
States; or
(2) research activities intended primarily to benefit American producers.
SURPLUS COMMODITIES
22 USC 262h
note.
SEC. 614. The Secretary of the Treasury shall instruct the
United States Executive Directors of the International Bank for
Reconstruction and Development, the International Development
Association, the International Finance Corporation, the Inter-American Development Bank, the International Monetary Fund, the
Asian Development Bank, the Inter-American Investment Corporation, the North American Development Bank, the European Bank
for Reconstruction and Development, the African Development
Bank, and the African Development Fund to use the voice and
vote of the United States to oppose any assistance by these institutions, using funds appropriated or made available pursuant to titles
II through V of this Act, for the production or extraction of any
commodity or mineral for export, if it is in surplus on world markets
and if the assistance will cause substantial injury to United States
producers of the same, similar, or competing commodity.
REPROGRAMMING NOTIFICATION REQUIREMENTS
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SEC. 615. (a) None of the funds made available in title I
of this Act, or in prior appropriations Acts to the agencies and
departments funded by this Act that remain available for obligation
or expenditure in fiscal year 2008, or provided from any accounts
in the Treasury of the United States derived by the collection
of fees or of currency reflows or other offsetting collections, or
made available by transfer, to the agencies and departments funded
by this Act, shall be available for obligation or expenditure through
a reprogramming of funds that: (1) creates new programs; (2) eliminates a program, project, or activity; (3) increases funds or personnel
by any means for any project or activity for which funds have
been denied or restricted; (4) relocates an office or employees; (5)
closes or opens a mission or post; (6) reorganizes or renames offices;
(7) reorganizes programs or activities; or (8) contracts out or
privatizes any functions or activities presently performed by Federal
employees; unless the Committees on Appropriations are notified
15 days in advance of such reprogramming of funds.
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PUBLIC LAW 110–161—DEC. 26, 2007
121 STAT. 2319
(b) For the purposes of providing the executive branch with
the necessary administrative flexibility, none of the funds provided
under title I of this Act, or provided under previous appropriations
Acts to the agencies or department funded under title I of this
Act that remain available for obligation or expenditure in fiscal
year 2008, or provided from any accounts in the Treasury of the
United States derived by the collection of fees available to the
agencies or department funded by title I of this Act, shall be
available for obligation or expenditure for activities, programs, or
projects through a reprogramming of funds in excess of $750,000
or 10 percent, whichever is less, that: (1) augments existing programs, projects, or activities; (2) reduces by 10 percent funding
for any existing program, project, or activity, or numbers of personnel by 10 percent as approved by Congress; or (3) results from
any general savings, including savings from a reduction in personnel, which would result in a change in existing programs, activities, or projects as approved by Congress; unless the Committees
on Appropriations are notified 15 days in advance of such reprogramming of funds.
(c) For the purposes of providing the executive branch with
the necessary administrative flexibility, none of the funds made
available under titles II through V of this Act for ‘‘Global Health
and Child Survival’’, ‘‘Development Assistance’’, ‘‘International
Organizations and Programs’’, ‘‘Trade and Development Agency’’,
‘‘International Narcotics Control and Law Enforcement’’, ‘‘Andean
Counterdrug Programs’’, ‘‘Assistance for Eastern Europe and the
Baltic States’’, ‘‘Assistance for the Independent States of the Former
Soviet Union’’, ‘‘Economic Support Fund’’, ‘‘Democracy Fund’’,
‘‘Peacekeeping Operations’’, ‘‘Capital Investment Fund’’, ‘‘Operating
Expenses of the United States Agency for International Development’’, ‘‘Operating Expenses of the United States Agency for International Development Office of Inspector General’’, ‘‘Nonproliferation, Anti-terrorism, Demining and Related Programs’’, ‘‘Millennium
Challenge Corporation’’ (by country only), ‘‘Foreign Military
Financing Program’’, ‘‘International Military Education and
Training’’, ‘‘Peace Corps’’, and ‘‘Migration and Refugee Assistance’’,
shall be available for obligation for activities, programs, projects,
type of materiel assistance, countries, or other operations not justified or in excess of the amount justified to the Committees on
Appropriations for obligation under any of these specific headings
unless the Committees on Appropriations of both Houses of Congress are previously notified 15 days in advance: Provided, That
the President shall not enter into any commitment of funds appropriated for the purposes of section 23 of the Arms Export Control
Act for the provision of major defense equipment, other than conventional ammunition, or other major defense items defined to be
aircraft, ships, missiles, or combat vehicles, not previously justified
to Congress or 20 percent in excess of the quantities justified
to Congress unless the Committees on Appropriations are notified
15 days in advance of such commitment: Provided further, That
this subsection shall not apply to any reprogramming for an activity,
program, or project for which funds are appropriated under titles
III or IV of this Act of less than 10 percent of the amount previously
justified to the Congress for obligation for such activity, program,
or project for the current fiscal year.
(d) The requirements of this section or any similar provision
of this Act or any other Act, including any prior Act requiring
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121 STAT. 2320
PUBLIC LAW 110–161—DEC. 26, 2007
notification in accordance with the regular notification procedures
of the Committees on Appropriations, may be waived if failure
to do so would pose a substantial risk to human health or welfare:
Provided, That in case of any such waiver, notification to the
Congress, or the appropriate congressional committees, shall be
provided as early as practicable, but in no event later than 3
days after taking the action to which such notification requirement
was applicable, in the context of the circumstances necessitating
such waiver: Provided further, That any notification provided pursuant to such a waiver shall contain an explanation of the emergency
circumstances.
LIMITATION ON AVAILABILITY OF FUNDS FOR INTERNATIONAL
ORGANIZATIONS AND PROGRAMS
22 USC 2227.
SEC. 616. Subject to the regular notification procedures of the
Committees on Appropriations, funds appropriated under titles II
through V of this Act or any previously enacted Act making appropriations for foreign operations, export financing, and related programs, which are returned or not made available for organizations
and programs because of the implementation of section 307(a) of
the Foreign Assistance Act of 1961, shall remain available for
obligation until September 30, 2009: Provided, That section 307(a)
of the Foreign Assistance Act of 1961 is amended by striking
‘‘Libya,’’.
INDEPENDENT STATES OF THE FORMER SOVIET UNION
President.
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President.
Certification.
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SEC. 617. (a) None of the funds appropriated under the heading
‘‘Assistance for the Independent States of the Former Soviet Union’’
shall be made available for assistance for a government of an
Independent State of the former Soviet Union if that government
directs any action in violation of the territorial integrity or national
sovereignty of any other Independent State of the former Soviet
Union, such as those violations included in the Helsinki Final
Act: Provided, That such funds may be made available without
regard to the restriction in this subsection if the President determines that to do so is in the national security interest of the
United States.
(b) None of the funds appropriated under the heading ‘‘Assistance for the Independent States of the Former Soviet Union’’ shall
be made available for any state to enhance its military capability:
Provided, That this restriction does not apply to demilitarization,
demining or nonproliferation programs.
(c) Funds appropriated under the heading ‘‘Assistance for the
Independent States of the Former Soviet Union’’ for the Russian
Federation, Armenia, Kazakhstan, and Uzbekistan shall be subject
to the regular notification procedures of the Committees on Appropriations.
(d) Funds made available in this Act for assistance for the
Independent States of the former Soviet Union shall be subject
to the provisions of section 117 (relating to environment and natural
resources) of the Foreign Assistance Act of 1961.
(e)(1) Of the funds appropriated under the heading ‘‘Assistance
for the Independent States of the Former Soviet Union’’ that are
allocated for assistance for the Government of the Russian Federation, 60 percent shall be withheld from obligation until the President
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PUBLIC LAW 110–161—DEC. 26, 2007
121 STAT. 2321
determines and certifies in writing to the Committees on Appropriations that the Government of the Russian Federation—
(A) has terminated implementation of arrangements to provide Iran with technical expertise, training, technology, or
equipment necessary to develop a nuclear reactor, related
nuclear research facilities or programs, or ballistic missile capability; and
(B) is providing full access to international non-government
organizations providing humanitarian relief to refugees and
internally displaced persons in Chechnya.
(2) Paragraph (1) shall not apply to—
(A) assistance to combat infectious diseases, child survival
activities, or assistance for victims of trafficking in persons;
and
(B) activities authorized under title V (Nonproliferation
and Disarmament Programs and Activities) of the FREEDOM
Support Act.
(f) Section 907 of the FREEDOM Support Act shall not apply
to—
(1) activities to support democracy or assistance under
title V of the FREEDOM Support Act and section 1424 of
Public Law 104–201 or non-proliferation assistance;
(2) any assistance provided by the Trade and Development
Agency under section 661 of the Foreign Assistance Act of
1961 (22 U.S.C. 2421);
(3) any activity carried out by a member of the United
States and Foreign Commercial Service while acting within
his or her official capacity;
(4) any insurance, reinsurance, guarantee or other assistance provided by the Overseas Private Investment Corporation
under title IV of chapter 2 of part I of the Foreign Assistance
Act of 1961 (22 U.S.C. 2191 et seq.);
(5) any financing provided under the Export-Import Bank
Act of 1945; or
(6) humanitarian assistance.
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PROHIBITION ON FUNDING FOR ABORTIONS AND INVOLUNTARY
STERILIZATION
SEC. 618. None of the funds made available to carry out part
I of the Foreign Assistance Act of 1961, as amended, may be
used to pay for the performance of abortions as a method of family
planning or to motivate or coerce any person to practice abortions.
None of the funds made available to carry out part I of the Foreign
Assistance Act of 1961, as amended, may be used to pay for the
performance of involuntary sterilization as a method of family planning or to coerce or provide any financial incentive to any person
to undergo sterilizations. None of the funds made available to
carry out part I of the Foreign Assistance Act of 1961, as amended,
may be used to pay for any biomedical research which relates
in whole or in part, to methods of, or the performance of, abortions
or involuntary sterilization as a means of family planning. None
of the funds made available to carry out part I of the Foreign
Assistance Act of 1961, as amended, may be obligated or expended
for any country or organization if the President certifies that the
use of these funds by any such country or organization would
violate any of the above provisions related to abortions and involuntary sterilizations.
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121 STAT. 2322
PUBLIC LAW 110–161—DEC. 26, 2007
ALLOCATIONS
SEC. 619. (a) Funds provided in this Act for the following
accounts shall be made available for programs and countries in
the amounts contained in the respective tables included in the
explanatory statement described in section 4 (in the matter preceding division A of this consolidated Act) accompanying this Act:
‘‘Educational and Cultural Exchange Programs’’.
‘‘American Sections, International Commissions’’.
‘‘International Broadcasting Operations’’.
‘‘Global Health and Child Survival’’.
‘‘Economic Support Fund’’.
‘‘Assistance for Eastern Europe and the Baltic States’’.
‘‘Assistance for the Independent States of the Former Soviet
Union’’.
‘‘Democracy Fund’’.
‘‘International Narcotics Control and Law Enforcement’’.
‘‘Andean Counterdrug Programs’’.
‘‘Nonproliferation, Anti-Terrorism, Demining and Related
Programs’’.
‘‘Foreign Military Financing Program’’.
‘‘Peacekeeping Operations’’.
‘‘International Organizations and Programs’’.
(b) Any proposed increases or decreases to the amounts contained in such tables in the explanatory statement described in
section 4 (in the matter preceding division A of this consolidated
Act) shall be subject to the regular notification procedures of the
Committees on Appropriations and section 634A of the Foreign
Assistance Act of 1961.
SPECIAL NOTIFICATION REQUIREMENTS
SEC. 620. None of the funds appropriated under titles II through
V of this Act shall be obligated or expended for assistance for
Serbia, Sudan, Zimbabwe, Pakistan, Cuba, Iran, Haiti, Libya, Ethiopia, Mexico, Nepal, or Cambodia except as provided through the
regular notification procedures of the Committees on Appropriations.
DEFINITION OF PROGRAM, PROJECT, AND ACTIVITY
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Deadline.
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SEC. 621. For the purpose of titles II through V of this Act
‘‘program, project, and activity’’ shall be defined at the appropriations Act account level and shall include all appropriations and
authorizations Acts funding directives, ceilings, and limitations with
the exception that for the following accounts: ‘‘Economic Support
Fund’’ and ‘‘Foreign Military Financing Program’’, ‘‘program, project,
and activity’’ shall also be considered to include country, regional,
and central program level funding within each such account; for
the development assistance accounts of the United States Agency
for International Development ‘‘program, project, and activity’’ shall
also be considered to include central, country, regional, and program
level funding, either as: (1) justified to the Congress; or (2) allocated
by the executive branch in accordance with a report, to be provided
to the Committees on Appropriations within 30 days of the enactment of this Act, as required by section 653(a) of the Foreign
Assistance Act of 1961.
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PUBLIC LAW 110–161—DEC. 26, 2007
121 STAT. 2323
GLOBAL HEALTH AND CHILD SURVIVAL ACTIVITIES
SEC. 622. Up to $13,500,000 of the funds made available by
this Act in title III for assistance under the heading ‘‘Global Health
and Child Survival’’, may be used to reimburse United States
Government agencies, agencies of State governments, institutions
of higher learning, and private and voluntary organizations for
the full cost of individuals (including for the personal services
of such individuals) detailed or assigned to, or contracted by, as
the case may be, the United States Agency for International
Development for the purpose of carrying out activities under that
heading: Provided, That up to $3,500,000 of the funds made available by this Act for assistance under the heading ‘‘Development
Assistance’’ may be used to reimburse such agencies, institutions,
and organizations for such costs of such individuals carrying out
other development assistance activities: Provided further, That
funds appropriated by titles III and IV of this Act that are made
available for bilateral assistance for child survival activities or
disease programs including activities relating to research on, and
the prevention, treatment and control of, HIV/AIDS may be made
available notwithstanding any other provision of law except for
the provisions under the heading ‘‘Global Health and Child Survival’’ and the United States Leadership Against HIV/AIDS, Tuberculosis, and Malaria Act of 2003 (117 Stat. 711; 22 U.S.C. 7601
et seq.), as amended: Provided further, That of the funds appropriated under title III of this Act, not less than $461,000,000 shall
be made available for family planning/reproductive health.
AFGHANISTAN
SEC. 623. Of the funds appropriated under titles III and IV
of this Act, not less than $1,057,050,000 should be made available
for assistance for Afghanistan: Provided, That of the funds made
available pursuant to this section, $3,000,000 should be made available for reforestation activities: Provided further, That funds made
available pursuant to the previous proviso should be matched, to
the maximum extent possible, with contributions from American
and Afghan businesses: Provided further, That of the funds allocated
for assistance for Afghanistan from this Act not less than
$75,000,000 shall be made available to support programs that
directly address the needs of Afghan women and girls, including
for the Afghan Independent Human Rights Commission, the Afghan
Ministry of Women’s Affairs, and for women-led nonprofit organizations in Afghanistan: Provided further, That of the funds appropriated by this Act that are available for Afghanistan, $20,000,000
should be made available through United States universities to
develop agriculture extension services for Afghan farmers,
$2,000,000 should be made available for a United States contribution to the North Atlantic Treaty Organization/International Security Assistance Force Post-Operations Humanitarian Relief Fund,
and not less than $10,000,000 should be made available for continued support of the United States Agency for International Development’s Afghan Civilian Assistance Program.
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NOTIFICATION ON EXCESS DEFENSE EQUIPMENT
SEC. 624. Prior to providing excess Department of Defense
articles in accordance with section 516(a) of the Foreign Assistance
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121 STAT. 2324
PUBLIC LAW 110–161—DEC. 26, 2007
Act of 1961, the Department of Defense shall notify the Committees
on Appropriations to the same extent and under the same conditions
as are other committees pursuant to subsection (f) of that section:
Provided, That before issuing a letter of offer to sell excess defense
articles under the Arms Export Control Act, the Department of
Defense shall notify the Committees on Appropriations in accordance with the regular notification procedures of such Committees
if such defense articles are significant military equipment (as
defined in section 47(9) of the Arms Export Control Act) or are
valued (in terms of original acquisition cost) at $7,000,000 or more,
or if notification is required elsewhere in this Act for the use
of appropriated funds for specific countries that would receive such
excess defense articles: Provided further, That such Committees
shall also be informed of the original acquisition cost of such defense
articles.
GLOBAL FUND MANAGEMENT
Certification.
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Deadline.
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SEC. 625. (a) Notwithstanding any other provision of this Act,
20 percent of the funds that are appropriated by this Act for
a contribution to support the Global Fund to Fight AIDS, Tuberculosis and Malaria (the ‘‘Global Fund’’) shall be withheld from
obligation to the Global Fund until the Secretary of State certifies
to the Committees on Appropriations that the Global Fund—
(1) is releasing incremental disbursements only if grantees
demonstrate progress against clearly defined performance
indicators;
(2) is providing support and oversight to country-level entities, such as country coordinating mechanisms, principal recipients, and Local Fund Agents (LFAs), to enable them to fulfill
their mandates;
(3) has a full-time, professional, independent Office of
Inspector General that is fully operational;
(4) requires LFAs to assess whether a principal recipient
has the capacity to oversee the activities of sub-recipients;
(5) is making progress toward implementing a reporting
system that breaks down grantee budget allocations by programmatic activity;
(6) has adopted and is implementing a policy to publish
on a publicly available website the reports of the Global Fund’s
Inspector General in a manner that is consistent with the
Policy for Disclosure of Reports of the Inspector General as
approved at the 16th Meeting of the Board of the Global Fund
to Fight AIDS, Tuberculosis and Malaria; and
(7) is tracking and encouraging the involvement of civil
society, including faith-based organizations, in country coordinating mechanisms and program implementation.
(b) The Secretary of State shall submit a report to the Committees on Appropriations not later than 120 days after enactment
of this Act on the involvement of faith-based organizations in Global
Fund programs. The report shall include—
(1) on a country-by-country basis—
(A) a description of the amount of grants and subgrants provided to faith-based organizations; and
(B) a detailed description of the involvement of faithbased organizations in the Country Coordinating Mechanism (CCM) process of the Global Fund; and
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PUBLIC LAW 110–161—DEC. 26, 2007
121 STAT. 2325
(2) a description of actions the Global Fund is taking to
enhance the involvement of faith-based organizations in the
CCM process, particularly in countries in which the involvement of faith-based organizations has been underrepresented.
PROHIBITION ON BILATERAL ASSISTANCE TO TERRORIST COUNTRIES
SEC. 626. (a) Funds appropriated for bilateral assistance under
any heading of this Act and funds appropriated under any such
heading in a provision of law enacted prior to the enactment of
this Act, shall not be made available to any country which the
President determines—
(1) grants sanctuary from prosecution to any individual
or group which has committed an act of international terrorism;
or
(2) otherwise supports international terrorism.
(b) The President may waive the application of subsection (a)
to a country if the President determines that national security
or humanitarian reasons justify such waiver. The President shall
publish each waiver in the Federal Register and, at least 15 days
before the waiver takes effect, shall notify the Committees on Appropriations of the waiver (including the justification for the waiver)
in accordance with the regular notification procedures of the
Committees on Appropriations.
President.
Waiver authority.
Federal Register,
publication.
Deadline.
Notification.
DEBT-FOR-DEVELOPMENT
SEC. 627. In order to enhance the continued participation of
nongovernmental organizations in debt-for-development and debtfor-nature exchanges, a nongovernmental organization which is a
grantee or contractor of the United States Agency for International
Development may place in interest bearing accounts local currencies
which accrue to that organization as a result of economic assistance
provided under title III of this Act and, subject to the regular
notification procedures of the Committees on Appropriations, any
interest earned on such investment shall be used for the purpose
for which the assistance was provided to that organization.
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SEPARATE ACCOUNTS
SEC. 628. (a) SEPARATE ACCOUNTS FOR LOCAL CURRENCIES.—
(1) If assistance is furnished to the government of a foreign
country under chapters 1 and 10 of part I or chapter 4 of
part II of the Foreign Assistance Act of 1961 under agreements
which result in the generation of local currencies of that
country, the Administrator of the United States Agency for
International Development shall—
(A) require that local currencies be deposited in a
separate account established by that government;
(B) enter into an agreement with that government
which sets forth—
(i) the amount of the local currencies to be generated; and
(ii) the terms and conditions under which the currencies so deposited may be utilized, consistent with
this section; and
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22 USC 2362
note.
APPS06
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121 STAT. 2326
(C) establish by agreement with that government the
responsibilities of the United States Agency for International Development and that government to monitor and
account for deposits into and disbursements from the separate account.
(2) USES OF LOCAL CURRENCIES.—As may be agreed upon
with the foreign government, local currencies deposited in a
separate account pursuant to subsection (a), or an equivalent
amount of local currencies, shall be used only—
(A) to carry out chapter 1 or 10 of part I or chapter
4 of part II (as the case may be), for such purposes as—
(i) project and sector assistance activities; or
(ii) debt and deficit financing; or
(B) for the administrative requirements of the United
States Government.
(3) PROGRAMMING ACCOUNTABILITY.—The United States
Agency for International Development shall take all necessary
steps to ensure that the equivalent of the local currencies
disbursed pursuant to subsection (a)(2)(A) from the separate
account established pursuant to subsection (a)(1) are used for
the purposes agreed upon pursuant to subsection (a)(2).
(4) TERMINATION OF ASSISTANCE PROGRAMS.—Upon termination of assistance to a country under chapter 1 or 10 of
part I or chapter 4 of part II (as the case may be), any
unencumbered balances of funds which remain in a separate
account established pursuant to subsection (a) shall be disposed
of for such purposes as may be agreed to by the government
of that country and the United States Government.
(5) REPORTING REQUIREMENT.—The Administrator of the
United States Agency for International Development shall
report on an annual basis as part of the justification documents
submitted to the Committees on Appropriations on the use
of local currencies for the administrative requirements of the
United States Government as authorized in subsection (a)(2)(B),
and such report shall include the amount of local currency
(and United States dollar equivalent) used and/or to be used
for such purpose in each applicable country.
(b) SEPARATE ACCOUNTS FOR CASH TRANSFERS.—
(1) If assistance is made available to the government of
a foreign country, under chapter 1 or 10 of part I or chapter
4 of part II of the Foreign Assistance Act of 1961, as cash
transfer assistance or as nonproject sector assistance, that
country shall be required to maintain such funds in a separate
account and not commingle them with any other funds.
(2) APPLICABILITY OF OTHER PROVISIONS OF LAW.—Such
funds may be obligated and expended notwithstanding provisions of law which are inconsistent with the nature of this
assistance including provisions which are referenced in the
Joint Explanatory Statement of the Committee of Conference
accompanying House Joint Resolution 648 (House Report No.
98–1159).
(3) NOTIFICATION.—At least 15 days prior to obligating
any such cash transfer or nonproject sector assistance, the
President shall submit a notification through the regular
notification procedures of the Committees on Appropriations,
which shall include a detailed description of how the funds
proposed to be made available will be used, with a discussion
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PUBLIC LAW 110–161—DEC. 26, 2007
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PUBLIC LAW 110–161—DEC. 26, 2007
121 STAT. 2327
of the United States interests that will be served by the assistance (including, as appropriate, a description of the economic
policy reforms that will be promoted by such assistance).
(4) EXEMPTION.—Nonproject sector assistance funds may
be exempt from the requirements of subsection (b)(1) only
through the notification procedures of the Committees on
Appropriations.
ENTERPRISE FUND RESTRICTIONS
SEC. 629. (a) Prior to the distribution of any assets resulting
from any liquidation, dissolution, or winding up of an Enterprise
Fund, in whole or in part, the President shall submit to the Committees on Appropriations, in accordance with the regular notification
procedures of the Committees on Appropriations, a plan for the
distribution of the assets of the Enterprise Fund.
(b) Funds made available under titles II through V of this
Act for Enterprise Funds shall be expended at the minimum rate
necessary to make timely payment for projects and activities.
FINANCIAL MARKET ASSISTANCE
SEC. 630. Of the funds appropriated by this Act under the
headings ‘‘Trade and Development Agency’’, ‘‘Development Assistance’’, ‘‘Transition Initiatives’’, ‘‘Economic Support Fund’’, ‘‘International Affairs Technical Assistance’’, ‘‘Assistance for the Independent States of the Former Soviet Union’’, ‘‘Nonproliferation,
Anti-Terrorism, Demining and Related Programs’’, and ‘‘Assistance
for Eastern Europe and Baltic States’’, not less than $40,000,000
should be made available for building capital markets and financial
systems in countries eligible to receive United States assistance.
AUTHORITIES FOR THE PEACE CORPS, INTER-AMERICAN FOUNDATION
AND AFRICAN DEVELOPMENT FOUNDATION
SEC. 631. Unless expressly provided to the contrary, provisions
of this or any other Act, including provisions contained in prior
Acts authorizing or making appropriations for foreign operations,
export financing, and related programs, shall not be construed
to prohibit activities authorized by or conducted under the Peace
Corps Act, the Inter-American Foundation Act or the African
Development Foundation Act. The agency shall promptly report
to the Committees on Appropriations whenever it is conducting
activities or is proposing to conduct activities in a country for
which assistance is prohibited.
Reports.
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IMPACT ON JOBS IN THE UNITED STATES
SEC. 632. None of the funds appropriated under titles II through
V of this Act may be obligated or expended to provide—
(1) any financial incentive to a business enterprise currently located in the United States for the purpose of inducing
such an enterprise to relocate outside the United States if
such incentive or inducement is likely to reduce the number
of employees of such business enterprise in the United States
because United States production is being replaced by such
enterprise outside the United States; or
(2) assistance for any program, project, or activity that
contributes to the violation of internationally recognized
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121 STAT. 2328
PUBLIC LAW 110–161—DEC. 26, 2007
workers rights, as defined in section 507(4) of the Trade Act
of 1974, of workers in the recipient country, including any
designated zone or area in that country: Provided, That the
application of section 507(4)(D) and (E) of such Act should
be commensurate with the level of development of the recipient
country and sector, and shall not preclude assistance for the
informal sector in such country, micro and small-scale enterprise, and smallholder agriculture.
COMPREHENSIVE EXPENDITURES REPORT
SEC. 633. Not later than 180 days after the date of enactment
of this Act, the Secretary of State shall submit a report to the
Committees on Appropriations detailing the total amount of United
States Government expenditures in fiscal years 2005 and 2006,
by Federal agency, for programs and activities in each foreign
country, identifying the line item as presented in the President’s
Budget Appendix and the purpose for which the funds were provided: Provided, That if required, information may be submitted
in classified form.
SPECIAL AUTHORITIES
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SEC. 634. (a) AFGHANISTAN, IRAQ, PAKISTAN, LEBANON, MONTENEGRO, VICTIMS OF WAR, DISPLACED CHILDREN, AND DISPLACED
BURMESE.—Funds appropriated under titles II through V of this
Act that are made available for assistance for Afghanistan may
be made available notwithstanding section 612 of this Act or any
similar provision of law and section 660 of the Foreign Assistance
Act of 1961, and funds appropriated in titles II and III of this
Act that are made available for Iraq, Lebanon, Montenegro, Pakistan, and for victims of war, displaced children, and displaced
Burmese, and to assist victims of trafficking in persons and, subject
to the regular notification procedures of the Committees on Appropriations, to combat such trafficking, may be made available notwithstanding any other provision of law.
(b) TROPICAL FORESTRY AND BIODIVERSITY CONSERVATION
ACTIVITIES.—Funds appropriated by this Act to carry out the provisions of sections 103 through 106, and chapter 4 of part II, of
the Foreign Assistance Act of 1961 may be used, notwithstanding
any other provision of law, for the purpose of supporting tropical
forestry and biodiversity conservation activities and energy programs aimed at reducing greenhouse gas emissions: Provided, That
such assistance shall be subject to sections 116, 502B, and 620A
of the Foreign Assistance Act of 1961.
(c) PERSONAL SERVICES CONTRACTORS.—Funds appropriated by
this Act to carry out chapter 1 of part I, chapter 4 of part II,
and section 667 of the Foreign Assistance Act of 1961, and title
II of the Agricultural Trade Development and Assistance Act of
1954, may be used by the United States Agency for International
Development to employ up to 25 personal services contractors in
the United States, notwithstanding any other provision of law,
for the purpose of providing direct, interim support for new or
expanded overseas programs and activities managed by the agency
until permanent direct hire personnel are hired and trained: Provided, That not more than 10 of such contractors shall be assigned
to any bureau or office: Provided further, That such funds appropriated to carry out title II of the Agricultural Trade Development
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PUBLIC LAW 110–161—DEC. 26, 2007
121 STAT. 2329
and Assistance Act of 1954, may be made available only for personal
services contractors assigned to the Office of Food for Peace.
(d)(1) WAIVER.—The President may waive the provisions of
section 1003 of Public Law 100–204 if the President determines
and certifies in writing to the Speaker of the House of Representatives and the President pro tempore of the Senate that it is important to the national security interests of the United States.
(2) PERIOD OF APPLICATION OF WAIVER.—Any waiver pursuant
to paragraph (1) shall be effective for no more than a period of
6 months at a time and shall not apply beyond 12 months after
the enactment of this Act.
(e) SMALL BUSINESS.—In entering into multiple award indefinite-quantity contracts with funds appropriated by this Act, the
United States Agency for International Development may provide
an exception to the fair opportunity process for placing task orders
under such contracts when the order is placed with any category
of small or small disadvantaged business.
(f) VIETNAMESE REFUGEES.—Section 594(a) of the Foreign Operations, Export Financing, and Related Programs Appropriations
Act, 2005 (enacted as division D of Public Law 108–447; 118 Stat.
3038) is amended by striking ‘‘2007’’ and inserting ‘‘2009’’.
(g) RECONSTITUTING CIVILIAN POLICE AUTHORITY.—In providing
assistance with funds appropriated by this Act under section
660(b)(6) of the Foreign Assistance Act of 1961, support for a
nation emerging from instability may be deemed to mean support
for regional, district, municipal, or other sub-national entity
emerging from instability, as well as a nation emerging from instability.
(h) CHINA PROGRAMS.—Notwithstanding any other provision
of law, of the funds appropriated under the heading ‘‘Development
Assistance’’ in this Act, not less than $10,000,000 shall be made
available to United States educational institutions and nongovernmental organizations for programs and activities in the People’s
Republic of China relating to the environment, democracy, and
the rule of law: Provided, That funds made available pursuant
to this authority shall be subject to the regular notification procedures of the Committees on Appropriations.
(i) MIDDLE EAST FOUNDATION.—Funds appropriated by this
Act and prior Acts for a Middle East Foundation shall be subject
to the regular notification procedures of the Committees on Appropriations.
(j) EXTENSION OF AUTHORITY.—Section 1365(c) of the National
Defense Authorization Act for Fiscal Year 1993 (Public Law 102–
484; 22 U.S.C. 2778 note) is amended by striking ‘‘During the
16 year period beginning on October 23, 1992’’ and inserting ‘‘During
the 22 year period beginning on October 23, 1992’’ before the
period at the end.
(k) EXTENSION OF AUTHORITY.—The Foreign Operations, Export
Financing, and Related Programs Appropriations Act, 1990 (Public
Law 101–167) is amended—
(1) in section 599D (8 U.S.C. 1157 note)—
(A) in subsection (b)(3), by striking ‘‘and 2007’’ and
inserting ‘‘2007, and 2008’’; and
(B) in subsection (e), by striking ‘‘2007’’ each place
it appears and inserting ‘‘2008’’; and
(2) in section 599E (8 U.S.C. 1255 note) in subsection
(b)(2), by striking ‘‘2007’’ and inserting ‘‘2008’’.
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121 STAT. 2330
PUBLIC LAW 110–161—DEC. 26, 2007
(l) WORLD FOOD PROGRAM.—Of the funds managed by the
Bureau for Democracy, Conflict, and Humanitarian Assistance of
the United States Agency for International Development, from this
or any other Act, not less than $10,000,000 shall be made available
as a general contribution to the World Food Program, notwithstanding any other provision of law.
(m) CAPITAL SECURITY COST-SHARING.—Notwithstanding any
other provision of law, of the funds appropriated under the heading
‘‘Embassy Security, Construction, and Maintenance’’, not less than
$2,000,000 shall be made available for the Capital Security CostSharing fees of the Library of Congress.
(n) DISARMAMENT, DEMOBILIZATION AND REINTEGRATION.—Notwithstanding any other provision of law, regulation or Executive
order, funds appropriated by this Act and prior Acts making appropriations for foreign operations, export financing, and related programs under the headings ‘‘Economic Support Fund’’, ‘‘Peacekeeping
Operations’’, ‘‘International Disaster Assistance’’, and ‘‘Transition
Initiatives’’ should be made available to support programs to disarm,
demobilize, and reintegrate into civilian society former members
of foreign terrorist organizations: Provided, That the Secretary of
State shall consult with the Committees on Appropriations prior
to the obligation of funds pursuant to this subsection: Provided
further, That for the purposes of this subsection, ‘‘International
Disaster Assistance’’ may also mean ‘‘International Disaster and
Famine Assistance’’: Provided further, That for the purposes of
this subsection the term ‘‘foreign terrorist organization’’ means an
organization designated as a terrorist organization under section
219 of the Immigration and Nationality Act.
(o) NONGOVERNMENTAL ORGANIZATIONS.—With respect to the
provision of assistance for democracy, human rights and governance
activities, the organizations implementing such assistance and the
specific nature of that assistance shall not be subject to the prior
approval by the government of any foreign country.
(p) PRISON CONDITIONS.—Funds appropriated by this Act to
carry out the provisions of chapters 1 and 11 of part I and chapter
4 of part II of the Foreign Assistance Act of 1961, and the Support
for East European Democracy (SEED) Act of 1989, may be used
to provide assistance to improve conditions in prison facilities
administered by foreign governments, including among other things,
activities to improve prison sanitation and ensure the availability
of adequate food, drinking water and medical care for prisoners:
Provided, That assistance made available under this subsection
may be made available notwithstanding section 660 of the Foreign
Assistance Act of 1961, and subject to the regular notification
procedures of the Committees on Appropriations.
(q) PROGRAM FOR RESEARCH AND TRAINING ON EASTERN EUROPE
AND THE INDEPENDENT STATES OF THE FORMER SOVIET UNION.—
Of the funds appropriated by this Act under the heading, ‘‘Economic
Support Fund’’, not less than $5,000,000 shall be made available
to carry out the Program for Research and Training on Eastern
Europe and the Independent States of the Former Soviet Union
(title VIII) as authorized by the Soviet-Eastern European Research
and Training Act of 1983 (22 U.S.C. 4501–4508, as amended).
(r) BROADCASTING BOARD OF GOVERNORS AUTHORITY.—Section
504(c) of the Foreign Relations Authorization Act, Fiscal Year 2003
(Public Law 107–228; 22 U.S.C. 6206 note) is amended by striking
‘‘December 31, 2007’’ and inserting ‘‘December 31, 2008’’.
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PUBLIC LAW 110–161—DEC. 26, 2007
121 STAT. 2331
(s) TRANSATLANTIC LEGISLATORS’ DIALOGUE AUTHORITY.—Section 109(c) of Public Law 98–164 is amended by striking ‘‘$50,000’’
and inserting ‘‘$100,000’’.
(t) OPIC AUTHORITY.—Notwithstanding section 235(a)(2) of the
Foreign Assistance Act of 1961 (22 U.S.C. 2195(a)(2)), the authority
of subsections (a) through (c) of section 234 of such Act shall
remain in effect through April 1, 2008.
22 USC 276l
note.
22 USC 2194
note.
ARAB LEAGUE BOYCOTT OF ISRAEL
SEC. 635. It is the sense of the Congress that—
(1) the Arab League boycott of Israel, and the secondary
boycott of American firms that have commercial ties with Israel,
is an impediment to peace in the region and to United States
investment and trade in the Middle East and North Africa;
(2) the Arab League boycott, which was regrettably
reinstated in 1997, should be immediately and publicly terminated, and the Central Office for the Boycott of Israel immediately disbanded;
(3) all Arab League states should normalize relations with
their neighbor Israel;
(4) the President and the Secretary of State should continue
to vigorously oppose the Arab League boycott of Israel and
find concrete steps to demonstrate that opposition by, for
example, taking into consideration the participation of any
recipient country in the boycott when determining to sell
weapons to said country; and
(5) the President should report to Congress annually on
specific steps being taken by the United States to encourage
Arab League states to normalize their relations with Israel
to bring about the termination of the Arab League boycott
of Israel, including those to encourage allies and trading partners of the United States to enact laws prohibiting businesses
from complying with the boycott and penalizing businesses
that do comply.
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ELIGIBILITY FOR ASSISTANCE
SEC. 636. (a) ASSISTANCE THROUGH NONGOVERNMENTAL
ORGANIZATIONS.—Restrictions contained under titles II through V
of this or any other Act with respect to assistance for a country
shall not be construed to restrict assistance in support of programs
of nongovernmental organizations from funds appropriated by this
Act to carry out the provisions of chapters 1, 10, 11, and 12 of
part I and chapter 4 of part II of the Foreign Assistance Act
of 1961, and from funds appropriated under the heading ‘‘Assistance
for Eastern Europe and the Baltic States’’: Provided, That before
using the authority of this subsection to furnish assistance in support of programs of nongovernmental organizations, the President
shall notify the Committees on Appropriations under the regular
notification procedures of those committees, including a description
of the program to be assisted, the assistance to be provided, and
the reasons for furnishing such assistance: Provided further, That
nothing in this subsection shall be construed to alter any existing
statutory prohibitions against abortion or involuntary sterilizations
contained in this or any other Act.
(b) PUBLIC LAW 480.—During fiscal year 2008, restrictions contained in this or any other Act with respect to assistance for
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121 STAT. 2332
PUBLIC LAW 110–161—DEC. 26, 2007
a country shall not be construed to restrict assistance under the
Agricultural Trade Development and Assistance Act of 1954: Provided, That none of the funds appropriated to carry out title I
of such Act and made available pursuant to this subsection may
be obligated or expended except as provided through the regular
notification procedures of the Committees on Appropriations.
(c) EXCEPTION.—This section shall not apply—
(1) with respect to section 620A of the Foreign Assistance
Act of 1961 or any comparable provision of law prohibiting
assistance to countries that support international terrorism;
or
(2) with respect to section 116 of the Foreign Assistance
Act of 1961 or any comparable provision of law prohibiting
assistance to the government of a country that violates internationally recognized human rights.
RESERVATIONS OF FUNDS
SEC. 637. (a) Funds appropriated under titles II through V
of this Act which are specifically designated may be reprogrammed
for other programs within the same account notwithstanding the
designation if compliance with the designation is made impossible
by operation of any provision of this or any other Act: Provided,
That any such reprogramming shall be subject to the regular
notification procedures of the Committees on Appropriations: Provided further, That assistance that is reprogrammed pursuant to
this subsection shall be made available under the same terms
and conditions as originally provided.
(b) In addition to the authority contained in subsection (a),
the original period of availability of funds appropriated by this
Act and administered by the United States Agency for International
Development that are specifically designated for particular programs or activities by this or any other Act shall be extended
for an additional fiscal year if the Administrator of such agency
determines and reports promptly to the Committees on Appropriations that the termination of assistance to a country or a significant
change in circumstances makes it unlikely that such designated
funds can be obligated during the original period of availability:
Provided, That such designated funds that are continued available
for an additional fiscal year shall be obligated only for the purpose
of such designation.
(c) Ceilings and specifically designated funding levels contained
in this Act shall not be applicable to funds or authorities appropriated or otherwise made available by any subsequent Act unless
such Act specifically so directs. Specifically designated funding
levels or minimum funding requirements contained in any other
Act shall not be applicable to funds appropriated by this Act.
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ASIA
SEC. 638. (a) FUNDING LEVELS.—Of the funds appropriated
by this Act under the headings ‘‘Global Health and Child Survival’’
and ‘‘Development Assistance’’, not less than the amount of funds
initially allocated for each such account pursuant to subsection
653(a) of the Foreign Assistance Act of 1961 for fiscal year 2007
shall be made available for Cambodia, Philippines, Vietnam, Asia
and Near East Regional, and Regional Development Mission/Asia:
Provided, That for the purposes of this subsection, ‘‘Global Health
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PUBLIC LAW 110–161—DEC. 26, 2007
121 STAT. 2333
and Child Survival’’ shall mean ‘‘Child Survival and Health Programs Fund’’.
(b) BURMA.—
(1) The Secretary of the Treasury shall instruct the United
States executive director to each appropriate international
financial institution in which the United States participates,
to oppose and vote against the extension by such institution
any loan or financial or technical assistance or any other utilization of funds of the respective bank to and for Burma.
(2) Of the funds appropriated by this Act under the heading
‘‘Economic Support Fund’’, not less than $13,000,000 shall be
made available to support democracy activities in Burma, along
the Burma-Thailand border, for activities of Burmese student
groups and other organizations located outside Burma, and
for the purpose of supporting the provision of humanitarian
assistance to displaced Burmese along Burma’s borders: Provided, That such funds may be made available notwithstanding
any other provision of law: Provided further, That in addition
to assistance for Burmese refugees provided under the heading
‘‘Migration and Refugee Assistance’’ in this Act, not less than
$3,000,000 shall be made available for community-based
organizations operating in Thailand to provide food, medical
and other humanitarian assistance to internally displaced persons in eastern Burma: Provided further, That funds made
available under this paragraph shall be subject to the regular
notification procedures of the Committees on Appropriations.
(c) TIBET.—
(1) The Secretary of the Treasury should instruct the
United States executive director to each international financial
institution to use the voice and vote of the United States
to support projects in Tibet if such projects do not provide
incentives for the migration and settlement of non-Tibetans
into Tibet or facilitate the transfer of ownership of Tibetan
land and natural resources to non-Tibetans; are based on a
thorough needs-assessment; foster self-sufficiency of the
Tibetan people and respect Tibetan culture and traditions; and
are subject to effective monitoring.
(2) Notwithstanding any other provision of law, not less
than $5,000,000 of the funds appropriated by this Act under
the heading ‘‘Economic Support Fund’’ should be made available
to nongovernmental organizations to support activities which
preserve cultural traditions and promote sustainable development and environmental conservation in Tibetan communities
in the Tibetan Autonomous Region and in other Tibetan
communities in China, and not less than $250,000 should be
made available to the National Endowment for Democracy for
human rights and democracy programs relating to Tibet.
50 USC 1701
note.
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PROHIBITION ON PUBLICITY OR PROPAGANDA
SEC. 639. No part of any appropriation contained in this Act
shall be used for publicity or propaganda purposes within the
United States not authorized before the date of the enactment
of this Act by the Congress: Provided, That not to exceed $25,000
may be made available to carry out the provisions of section 316
of Public Law 96–533.
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121 STAT. 2334
PUBLIC LAW 110–161—DEC. 26, 2007
PROHIBITION OF PAYMENTS TO UNITED NATIONS MEMBERS
SEC. 640. None of the funds appropriated or made available
pursuant to titles II through V of this Act for carrying out the
Foreign Assistance Act of 1961, may be used to pay in whole
or in part any assessments, arrearages, or dues of any member
of the United Nations or, from funds appropriated by this Act
to carry out chapter 1 of part I of the Foreign Assistance Act
of 1961, the costs for participation of another country’s delegation
at international conferences held under the auspices of multilateral
or international organizations.
REQUESTS FOR DOCUMENTS
SEC. 641. None of the funds appropriated or made available
pursuant to titles II through V of this Act shall be available to
a nongovernmental organization, including any contractor, which
fails to provide upon timely request any document, file, or record
necessary to the auditing requirements of the United States Agency
for International Development.
PROHIBITION ON ASSISTANCE TO FOREIGN GOVERNMENTS THAT EXPORT LETHAL MILITARY EQUIPMENT TO COUNTRIES SUPPORTING
INTERNATIONAL TERRORISM
Termination
date.
Applicability.
President.
Reports.
SEC. 642. (a) None of the funds appropriated or otherwise
made available by titles II through V of this Act may be available
to any foreign government which provides lethal military equipment
to a country the government of which the Secretary of State has
determined is a terrorist government for purposes of section 6(j)
of the Export Administration Act of 1979. The prohibition under
this section with respect to a foreign government shall terminate
12 months after that government ceases to provide such military
equipment. This section applies with respect to lethal military
equipment provided under a contract entered into after October
1, 1997.
(b) Assistance restricted by subsection (a) or any other similar
provision of law, may be furnished if the President determines
that furnishing such assistance is important to the national
interests of the United States.
(c) Whenever the President makes a determination pursuant
to subsection (b), the President shall submit to the appropriate
congressional committees a report with respect to the furnishing
of such assistance. Any such report shall include a detailed explanation of the assistance to be provided, including the estimated
dollar amount of such assistance, and an explanation of how the
assistance furthers United States national interests.
WITHHOLDING OF ASSISTANCE FOR PARKING FINES AND REAL
PROPERTY TAXES OWED BY FOREIGN COUNTRIES
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SEC. 643. (a) Subject to subsection (c), of the funds appropriated
under titles II through V by this Act that are made available
for assistance for a foreign country, an amount equal to 110 percent
of the total amount of the unpaid fully adjudicated parking fines
and penalties and unpaid property taxes owed by the central government of such country shall be withheld from obligation for assistance for the central government of such country until the Secretary
of State submits a certification to the Committees on Appropriations
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PUBLIC LAW 110–161—DEC. 26, 2007
121 STAT. 2335
stating that such parking fines and penalties and unpaid property
taxes are fully paid.
(b) Funds withheld from obligation pursuant to subsection (a)
may be made available for other programs or activities funded
by this Act, after consultation with and subject to the regular
notification procedures of the Committees on Appropriations, provided that no such funds shall be made available for assistance
for the central government of a foreign country that has not paid
the total amount of the fully adjudicated parking fines and penalties
and unpaid property taxes owed by such country.
(c) Subsection (a) shall not include amounts that have been
withheld under any other provision of law.
(d)(1) The Secretary of State may waive the requirements set
forth in subsection (a) with respect to parking fines and penalties
no sooner than 60 days from the date of enactment of this Act,
or at any time with respect to a particular country, if the Secretary
determines that it is in the national interests of the United States
to do so.
(2) The Secretary of State may waive the requirements set
forth in subsection (a) with respect to the unpaid property taxes
if the Secretary of State determines that it is in the national
interests of the United States to do so.
(e) Not later than 6 months after the initial exercise of the
waiver authority in subsection (d), the Secretary of State, after
consultations with the City of New York, shall submit a report
to the Committees on Appropriations describing a strategy,
including a timetable and steps currently being taken, to collect
the parking fines and penalties and unpaid property taxes and
interest owed by nations receiving foreign assistance under this
Act.
(f) In this section:
(1) The term ‘‘fully adjudicated’’ includes circumstances
in which the person to whom the vehicle is registered—
(A)(i) has not responded to the parking violation summons; or
(ii) has not followed the appropriate adjudication procedure to challenge the summons; and
(B) the period of time for payment of or challenge
to the summons has lapsed.
(2) The term ‘‘parking fines and penalties’’ means parking
fines and penalties—
(A) owed to—
(i) the District of Columbia; or
(ii) New York, New York; and
(B) incurred during the period April 1, 1997, through
September 30, 2007.
(3) The term ‘‘unpaid property taxes’’ means the amount
of unpaid taxes and interest determined to be owed by a foreign
country on real property in the District of Columbia or New
York, New York in a court order or judgment entered against
such country by a court of the United States or any State
or subdivision thereof.
Waiver authority.
Deadline.
Deadline.
Reports.
New York.
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LIMITATION ON ASSISTANCE FOR THE PLO FOR THE WEST BANK AND
GAZA
SEC. 644. None of the funds appropriated under titles II through
V of this Act may be obligated for assistance for the Palestine
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121 STAT. 2336
PUBLIC LAW 110–161—DEC. 26, 2007
Liberation Organization for the West Bank and Gaza unless the
President has exercised the authority under section 604(a) of the
Middle East Peace Facilitation Act of 1995 (title VI of Public Law
104–107) or any other legislation to suspend or make inapplicable
section 307 of the Foreign Assistance Act of 1961 and that suspension is still in effect: Provided, That if the President fails to make
the certification under section 604(b)(2) of the Middle East Peace
Facilitation Act of 1995 or to suspend the prohibition under other
legislation, funds appropriated by this Act may not be obligated
for assistance for the Palestine Liberation Organization for the
West Bank and Gaza.
WAR CRIMES TRIBUNALS DRAWDOWN
SEC. 645. If the President determines that doing so will contribute to a just resolution of charges regarding genocide or other
violations of international humanitarian law, the President may
direct a drawdown pursuant to section 552(c) of the Foreign Assistance Act of 1961 of up to $30,000,000 of commodities and services
for the United Nations War Crimes Tribunal established with
regard to the former Yugoslavia by the United Nations Security
Council or such other tribunals or commissions as the Council
may establish or authorize to deal with such violations, without
regard to the ceiling limitation contained in paragraph (2) thereof:
Provided, That the determination required under this section shall
be in lieu of any determinations otherwise required under section
552(c): Provided further, That funds made available for tribunals
other than Yugoslavia, Rwanda, or the Special Court for Sierra
Leone shall be made available subject to the regular notification
procedures of the Committees on Appropriations.
LANDMINES AND CLUSTER MUNITIONS
SEC. 646. (a) LANDMINES.—Notwithstanding any other provision
of law, demining equipment available to the United States Agency
for International Development and the Department of State and
used in support of the clearance of landmines and unexploded
ordnance for humanitarian purposes may be disposed of on a grant
basis in foreign countries, subject to such terms and conditions
as the President may prescribe.
(b) CLUSTER MUNITIONS.—During the current fiscal year, no
military assistance shall be furnished for cluster munitions, no
defense export license for cluster munitions may be issued, and
no cluster munitions or cluster munitions technology shall be sold
or transferred, unless—
(1) the submunitions of the cluster munitions have a 99
percent or higher tested rate; and
(2) the agreement applicable to the assistance, transfer,
or sale of the cluster munitions or cluster munitions technology
specifies that the cluster munitions will only be used against
clearly defined military targets and will not be used where
civilians are known to be present.
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RESTRICTIONS CONCERNING THE PALESTINIAN AUTHORITY
SEC. 647. None of the funds appropriated under titles II through
V of this Act may be obligated or expended to create in any part
of Jerusalem a new office of any department or agency of the
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PUBLIC LAW 110–161—DEC. 26, 2007
121 STAT. 2337
United States Government for the purpose of conducting official
United States Government business with the Palestinian Authority
over Gaza and Jericho or any successor Palestinian governing entity
provided for in the Israel-PLO Declaration of Principles: Provided,
That this restriction shall not apply to the acquisition of additional
space for the existing Consulate General in Jerusalem: Provided
further, That meetings between officers and employees of the United
States and officials of the Palestinian Authority, or any successor
Palestinian governing entity provided for in the Israel-PLO Declaration of Principles, for the purpose of conducting official United
States Government business with such authority should continue
to take place in locations other than Jerusalem. As has been true
in the past, officers and employees of the United States Government
may continue to meet in Jerusalem on other subjects with Palestinians (including those who now occupy positions in the Palestinian
Authority), have social contacts, and have incidental discussions.
PROHIBITION OF PAYMENT OF CERTAIN EXPENSES
SEC. 648. None of the funds appropriated or otherwise made
available under titles III or IV of this Act under the heading
‘‘International Military Education and Training’’ or ‘‘Foreign Military Financing Program’’ for Informational Program activities or
under the headings ‘‘Global Health and Child Survival’’, ‘‘Development Assistance’’, and ‘‘Economic Support Fund’’ may be obligated
or expended to pay for—
(1) alcoholic beverages; or
(2) entertainment expenses for activities that are substantially of a recreational character, including but not limited
to entrance fees at sporting events, theatrical and musical
productions, and amusement parks.
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COLOMBIA
SEC. 649. (a) ASSISTANCE FOR COLOMBIA.—Of the funds appropriated in titles III and IV of this Act, not more than $545,608,000
shall be available for assistance for Colombia.
(b) FUNDING AMOUNTS AND NOTIFICATION.—Funds appropriated
by this Act that are available for assistance for Colombia shall
be made available in the amounts indicated in the table in the
accompanying explanatory statement described in section 4 (in the
matter preceding division A of this consolidated Act) and any proposed increases or decreases to the amounts contained in such
table shall be subject to the regular notification procedures of the
Committees on Appropriations.
(c) ASSISTANCE FOR THE COLOMBIAN ARMED FORCES.—
(1) FUNDING.—Funds appropriated by this Act that are
available for assistance for the Colombian Armed Forces, may
be made available as follows:
(A) Up to 70 percent of such funds may be obligated
prior to the certification and report by the Secretary of
State pursuant to subparagraph (B).
(B) Up to 15 percent of such funds may be obligated
only after the Secretary of State consults with, and subsequently certifies and submits a written report to, the
Committees on Appropriations that the Government of
Colombia is meeting the requirements described in paragraph (2).
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Reports.
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121 STAT. 2338
(2) REQUIREMENTS.—The requirements referred to in paragraph (1) are as follows:
(A) The Commander General of the Colombian Armed
Forces is suspending or placing on administrative duty,
if requested by the prosecutor, those members of the Armed
Forces, of whatever rank, who, according to the Minister
of Defense, the Attorney General or the Procuraduria General de la Nacion, have been credibly alleged to have committed gross violations of human rights, including extrajudicial killings, or to have aided or abetted paramilitary
organizations or successor armed groups.
(B) The Government of Colombia is investigating and
prosecuting, in the civilian justice system, those members
of the Colombian Armed Forces, of whatever rank, who
have been credibly alleged to have committed gross violations of human rights, including extra-judicial killings, or
to have aided or abetted paramilitary organizations or successor armed groups.
(C) The Colombian Armed Forces are cooperating fully
with civilian prosecutors and judicial authorities in such
cases (including providing requested information, such as
the identity of persons suspended from the Armed Forces
and the nature and cause of the suspension, and access
to witnesses, relevant military documents, and other
requested information).
(D) The Colombian Armed Forces have taken all necessary steps to sever links (including denying access to
military intelligence, vehicles, and other equipment or supplies, and ceasing other forms of active or tacit cooperation)
at all levels, with paramilitary organizations or successor
armed groups, especially in regions where such organizations have a significant presence.
(E) The Government of Colombia is dismantling paramilitary leadership and financial networks by arresting
and prosecuting under civilian criminal law individuals
who have provided financial, planning, or logistical support,
or have otherwise aided or abetted paramilitary organizations or successor armed groups; by identifying and seizing
land and other assets illegally acquired by such organizations or their associates and returning such land or assets
to their rightful occupants or owners; by revoking reduced
sentences for demobilized paramilitaries who engage in
new criminal activity; and by arresting and prosecuting
under civilian criminal law, and when requested, promptly
extraditing to the United States members of successor
armed groups.
(F) The Government of Colombia is ensuring that the
Colombian Armed Forces are not violating the land and
property rights of Colombia’s indigenous and Afro-Colombian communities, and that the Colombian Armed Forces
are implementing procedures to distinguish between
civilians, including displaced persons, and combatants in
their operations.
(3) The balance of such funds may be obligated after July
31, 2008, if, before such date, the Secretary of State consults
with, and submits a written certification to, the Committees
Deadline.
Certification.
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PUBLIC LAW 110–161—DEC. 26, 2007
121 STAT. 2339
on Appropriations that the Colombian Armed Forces are continuing to meet the requirements described in paragraph (2)
and are conducting vigorous operations to restore civilian
government authority and respect for human rights in areas
under the effective control of paramilitary organizations or
successor armed groups and guerrilla organizations.
(4) CERTAIN FUNDS EXEMPTED.—The requirement to withhold funds from obligation shall not apply with respect to
funds made available under the heading ‘‘Andean Counterdrug
Programs’’ for continued support for the Critical Flight Safety
Program or for any alternative development programs in
Colombia administered by the Bureau of International Narcotics and Law Enforcement Affairs of the Department of State.
(5) REPORT.—At the time the Secretary of State submits
certifications pursuant to paragraphs (1)(B) and (3) of this
subsection, the Secretary shall also submit to the Committees
on Appropriations a report that contains, with respect to each
such paragraph, a detailed description of the specific actions
taken by both the Colombian Government and Colombian
Armed Forces which support each requirement of the certification, and the cases or issues brought to the attention of
the Secretary, including through the Department of State’s
annual Country Reports on Human Rights Practices, for which
the actions taken by the Colombian Government or Armed
Forces have been determined by the Secretary of State to
be inadequate.
(d) CONSULTATIVE PROCESS.—Not later than 60 days after the
date of enactment of this Act, and every 90 days thereafter until
September 30, 2008, the Secretary of State shall consult with Colombian and internationally recognized human rights organizations
regarding progress in meeting the requirements contained in subsection (c)(2).
(e) ASSISTANCE FOR DEMOBILIZATION AND DISARMAMENT OF
FORMER COMBATANTS IN COLOMBIA.—
(1) AVAILABILITY OF FUNDS.—Of the funds appropriated
in this Act under the heading ‘‘Economic Support Fund’’, up
to $11,442,000 may be made available in fiscal year 2008 for
assistance for the disarmament, demobilization, and reintegration of former members of foreign terrorist organizations (FTOs)
in Colombia, if the Secretary of State consults with and makes
a certification described in paragraph (2) to the Committees
on Appropriations prior to the initial obligation of amounts
for such assistance for the fiscal year involved.
(2) CERTIFICATION.—A certification described in this subsection is a certification that—
(A) assistance for the fiscal year will be provided only
for individuals who have: (i) verifiably renounced and
terminated any affiliation or involvement with FTOs or
other illegal armed groups; (ii) are meeting all the requirements of the Colombia demobilization program, including
having disclosed their involvement in past crimes and their
knowledge of the FTO’s structure, financing sources, illegal
assets, and the location of kidnapping victims and bodies
of the disappeared; and (iii) are not involved in acts of
intimidation or violence;
(B) the Government of Colombia is providing full
cooperation to the Government of the United States to
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121 STAT. 2340
PUBLIC LAW 110–161—DEC. 26, 2007
extradite the leaders and members of the FTOs who have
been indicted in the United States for murder, kidnapping,
narcotics trafficking, or other violations of United States
law, and is extraditing to the United States those commanders, leaders and members indicted in the United
States who have breached the terms of the Colombian
demobilization program, including by failing to fully confess
their crimes, failing to disclose their illegal assets, or
committing new crimes since the approval of the Justice
and Peace Law;
(C) the Government of Colombia is not knowingly
taking any steps to legalize the titles of land or other
assets illegally obtained and held by FTOs, their associates,
or successors, has established effective procedures to identify such land and other assets, and is seizing and returning
such land and other assets to their rightful occupants or
owners;
(D) the Government of Colombia is implementing a
concrete and workable framework for dismantling the
organizational structures of foreign terrorist organizations;
and
(E) funds shall not be made available as cash payments
to individuals and are available only for activities under
the following categories: verification, reintegration
(including training and education), vetting, recovery of
assets for reparations for victims, and investigations and
prosecutions.
(f) ILLEGAL ARMED GROUPS.—
(1) DENIAL OF VISAS TO SUPPORTERS OF COLOMBIAN ILLEGAL
ARMED GROUPS.—Subject to paragraph (2), the Secretary of
State shall not issue a visa to any alien who the Secretary
determines, based on credible evidence—
(A) has willfully provided any support to the Revolutionary Armed Forces of Colombia (FARC), the National
Liberation Army (ELN), the United Self-Defense Forces
of Colombia (AUC), or successor armed groups, including
taking actions or failing to take actions which allow, facilitate, or otherwise foster the activities of such groups; or
(B) has committed, ordered, incited, assisted, or otherwise participated in the commission of a gross violation
of human rights, including extra-judicial killings, in
Colombia.
(2) WAIVER.—Paragraph (1) shall not apply if the Secretary
of State certifies to the Committees on Appropriations, on a
case-by-case basis, that the issuance of a visa to the alien
is necessary to support the peace process in Colombia or for
urgent humanitarian reasons.
(g) DEFINITIONS.—In this section:
(1) AIDED OR ABETTED.—The term ‘‘aided or abetted’’ means
to provide any support to paramilitary or successor armed
groups, including taking actions which allow, facilitate, or
otherwise foster the activities of such groups.
(2) PARAMILITARY GROUPS.—The term ‘‘paramilitary
groups’’ means illegal self-defense groups and illegal security
cooperatives, including those groups and cooperatives that have
formerly demobilized but continue illegal operations, as well
as parts thereof.
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PUBLIC LAW 110–161—DEC. 26, 2007
121 STAT. 2341
(3) FOREIGN TERRORIST ORGANIZATION.—The term ‘‘foreign
terrorist organization’’ means an organization designated as
a terrorist organization under section 219 of the Immigration
and Nationality Act.
LIMITATION ON ASSISTANCE TO THE PALESTINIAN AUTHORITY
SEC. 650. (a) PROHIBITION OF FUNDS.—None of the funds appropriated by this Act to carry out the provisions of chapter 4 of
part II of the Foreign Assistance Act of 1961 may be obligated
or expended with respect to providing funds to the Palestinian
Authority.
(b) WAIVER.—The prohibition included in subsection (a) shall
not apply if the President certifies in writing to the Speaker of
the House of Representatives, the President pro tempore of the
Senate, and the Committees on Appropriations that waiving such
prohibition is important to the national security interests of the
United States.
(c) PERIOD OF APPLICATION OF WAIVER.—Any waiver pursuant
to subsection (b) shall be effective for no more than a period of
6 months at a time and shall not apply beyond 12 months after
the enactment of this Act.
(d) REPORT.—Whenever the waiver authority pursuant to subsection (b) is exercised, the President shall submit a report to
the Committees on Appropriations detailing the justification for
the waiver, the purposes for which the funds will be spent, and
the accounting procedures in place to ensure that the funds are
properly disbursed. The report shall also detail the steps the Palestinian Authority has taken to arrest terrorists, confiscate weapons
and dismantle the terrorist infrastructure.
President.
Certification.
President.
LIMITATION ON ASSISTANCE TO SECURITY FORCES
SEC. 651. Chapter 1 of part III of the Foreign Assistance
Act of 1961 is amended by adding the following section:
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‘‘SEC. 620J. LIMITATION ON ASSISTANCE TO SECURITY FORCES.
22 USC 2378d.
‘‘(a) IN GENERAL.—No assistance shall be furnished under this
Act or the Arms Export Control Act to any unit of the security
forces of a foreign country if the Secretary of State has credible
evidence that such unit has committed gross violations of human
rights.
‘‘(b) EXCEPTION.—The prohibition in subsection (a) shall not
apply if the Secretary determines and reports to the Committee
on Foreign Relations of the Senate, the Committee on Foreign
Affairs of the House of Representatives, and the Committees on
Appropriations that the government of such country is taking effective measures to bring the responsible members of the security
forces unit to justice.
‘‘(c) DUTY TO INFORM.—In the event that funds are withheld
from any unit pursuant to this section, the Secretary of State
shall promptly inform the foreign government of the basis for such
action and shall, to the maximum extent practicable, assist the
foreign government in taking effective measures to bring the responsible members of the security forces to justice.’’.
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121 STAT. 2342
PUBLIC LAW 110–161—DEC. 26, 2007
FOREIGN MILITARY TRAINING REPORT
SEC. 652. The annual foreign military training report required
by section 656 of the Foreign Assistance Act of 1961 shall be
submitted by the Secretary of Defense and the Secretary of State
to the Committees on Appropriations by the date specified in that
section.
AUTHORIZATION REQUIREMENT
SEC. 653. Funds appropriated by this Act, except funds appropriated under the headings ‘‘Trade and Development Agency’’ and
‘‘Overseas Private Investment Corporation’’, may be obligated and
expended notwithstanding section 10 of Public Law 91–672 and
section 15 of the State Department Basic Authorities Act of 1956.
LIBYA
Certification.
Deadline.
Reports.
SEC. 654. (a) None of the funds appropriated or otherwise
made available by this Act shall be obligated or expended to finance
directly any assistance for Libya.
(b) The prohibition of subsection (a) shall no longer apply
if the Secretary of State certifies to the Committees on Appropriations that the Government of Libya has made the final settlement
payments to the Pan Am 103 victims’ families, paid to the LaBelle
Disco bombing victims the agreed upon settlement amounts, and
is engaging in good faith settlement discussions regarding other
relevant terrorism cases.
(c) Not later than 180 days after enactment of this Act, the
Secretary shall submit a report to the Committees on Appropriations describing (1) actions taken by the Department of State to
facilitate a resolution of these cases; and (2) United States commercial activities in Libya’s energy sector.
PALESTINIAN STATEHOOD
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Certification.
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SEC. 655. (a) LIMITATION ON ASSISTANCE.—None of the funds
appropriated under titles II through V of this Act may be provided
to support a Palestinian state unless the Secretary of State determines and certifies to the appropriate congressional committees
that—
(1) the governing entity of a new Palestinian state—
(A) has demonstrated a firm commitment to peaceful
co-existence with the State of Israel;
(B) is taking appropriate measures to counter terrorism
and terrorist financing in the West Bank and Gaza,
including the dismantling of terrorist infrastructures, and
is cooperating with appropriate Israeli and other appropriate security organizations; and
(2) the Palestinian Authority (or the governing entity of
a new Palestinian state) is working with other countries in
the region to vigorously pursue efforts to establish a just,
lasting, and comprehensive peace in the Middle East that will
enable Israel and an independent Palestinian state to exist
within the context of full and normal relationships, which
should include—
(A) termination of all claims or states of belligerency;
(B) respect for and acknowledgement of the sovereignty, territorial integrity, and political independence
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PUBLIC LAW 110–161—DEC. 26, 2007
121 STAT. 2343
of every state in the area through measures including
the establishment of demilitarized zones;
(C) their right to live in peace within secure and recognized boundaries free from threats or acts of force;
(D) freedom of navigation through international waterways in the area; and
(E) a framework for achieving a just settlement of
the refugee problem.
(b) SENSE OF CONGRESS.—It is the sense of Congress that
the governing entity should enact a constitution assuring the rule
of law, an independent judiciary, and respect for human rights
for its citizens, and should enact other laws and regulations
assuring transparent and accountable governance.
(c) WAIVER.—The President may waive subsection (a) if he
determines that it is important to the national security interests
of the United States to do so.
(d) EXEMPTION.—The restriction in subsection (a) shall not
apply to assistance intended to help reform the Palestinian
Authority and affiliated institutions, or the governing entity, in
order to help meet the requirements of subsection (a), consistent
with the provisions of section 650 of this Act (‘‘Limitation on Assistance to the Palestinian Authority’’).
President.
PROHIBITION ON ASSISTANCE TO THE PALESTINIAN BROADCASTING
CORPORATION
SEC. 656. None of the funds appropriated or otherwise made
available by this Act may be used to provide equipment, technical
support, consulting services, or any other form of assistance to
the Palestinian Broadcasting Corporation.
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WEST BANK AND GAZA ASSISTANCE
SEC. 657. (a) OVERSIGHT.—For fiscal year 2008, 30 days prior
to the initial obligation of funds for the bilateral West Bank and
Gaza Program, the Secretary of State shall certify to the Committees on Appropriations that procedures have been established to
assure the Comptroller General of the United States will have
access to appropriate United States financial information in order
to review the uses of United States assistance for the Program
funded under the heading ‘‘Economic Support Fund’’ for the West
Bank and Gaza.
(b) VETTING.—Prior to the obligation of funds appropriated
by this Act under the heading ‘‘Economic Support Fund’’ for assistance for the West Bank and Gaza, the Secretary of State shall
take all appropriate steps to ensure that such assistance is not
provided to or through any individual, private or government entity,
or educational institution that the Secretary knows or has reason
to believe advocates, plans, sponsors, engages in, or has engaged
in, terrorist activity nor, with respect to private entities or educational institutions, those that have as a principal officer of the
entity’s governing board or governing board of trustees any individual that has been determined to be involved in, or advocating
terrorist activity or determined to be a member of a designated
foreign terrorist organization. The Secretary of State shall, as appropriate, establish procedures specifying the steps to be taken in
carrying out this subsection and shall terminate assistance to any
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Certification.
Procedures.
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121 STAT. 2344
Reports.
Deadline.
Reports.
PUBLIC LAW 110–161—DEC. 26, 2007
individual, entity, or educational institution which she has determined to be involved in or advocating terrorist activity.
(c) PROHIBITION.—
(1) None of the funds appropriated under titles II through
V of this Act for assistance under the West Bank and Gaza
Program may be made available for the purpose of recognizing
or otherwise honoring individuals who commit, or have committed acts of terrorism.
(2) Notwithstanding any other provision of law, none of
the funds made available by this or prior appropriations act,
including funds made available by transfer, may be made available for obligation for security assistance for the West Bank
and Gaza until the Secretary of State reports to the Committees
on Appropriations on the benchmarks that have been established for security assistance for the West Bank and Gaza
and reports on the extent of Palestinian compliance with such
benchmarks.
(d) AUDITS.—
(1) The Administrator of the United States Agency for
International Development shall ensure that Federal or nonFederal audits of all contractors and grantees, and significant
subcontractors and sub-grantees, under the West Bank and
Gaza Program, are conducted at least on an annual basis
to ensure, among other things, compliance with this section.
(2) Of the funds appropriated by this Act up to $500,000
may be used by the Office of the Inspector General of the
United States Agency for International Development for audits,
inspections, and other activities in furtherance of the requirements of this subsection. Such funds are in addition to funds
otherwise available for such purposes.
(e) Subsequent to the certification specified in subsection (a),
the Comptroller General of the United States shall conduct an
audit and an investigation of the treatment, handling, and uses
of all funds for the bilateral West Bank and Gaza Program in
fiscal year 2008 under the heading ‘‘Economic Support Fund’’. The
audit shall address—
(1) the extent to which such Program complies with the
requirements of subsections (b) and (c), and
(2) an examination of all programs, projects, and activities
carried out under such Program, including both obligations
and expenditures.
(f) Not later than 180 days after enactment of this Act, the
Secretary of State shall submit a report to the Committees on
Appropriations updating the report contained in section 2106 of
chapter 2 of title II of Public Law 109–13.
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WAR CRIMINALS
SEC. 658. (a)(1) None of the funds appropriated or otherwise
made available under titles II through V of this Act may be made
available for assistance, and the Secretary of the Treasury shall
instruct the United States Executive Director at each international
financial institution to vote against any new project involving the
extension by such institutions of any financial or technical assistance, to any country, entity, or municipality whose competent
authorities have failed, as determined by the Secretary of State,
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PUBLIC LAW 110–161—DEC. 26, 2007
121 STAT. 2345
to take necessary and significant steps to implement its international legal obligations to apprehend and transfer to the International Criminal Tribunal for the former Yugoslavia (the ‘‘Tribunal’’) all persons in their territory who have been indicted by
the Tribunal and to otherwise cooperate with the Tribunal.
(2) The provisions of this subsection shall not apply to humanitarian assistance or assistance for democratization.
(b) The provisions of subsection (a) shall apply unless the
Secretary of State determines and reports to the appropriate
congressional committees that the competent authorities of such
country, entity, or municipality are—
(1) cooperating with the Tribunal, including access for
investigators to archives and witnesses, the provision of documents, and the surrender and transfer of indictees or assistance
in their apprehension; and
(2) are acting consistently with the Dayton Accords.
(c) Not less than 10 days before any vote in an international
financial institution regarding the extension of any new project
involving financial or technical assistance or grants to any country
or entity described in subsection (a), the Secretary of the Treasury,
in consultation with the Secretary of State, shall provide to the
Committees on Appropriations a written justification for the proposed assistance, including an explanation of the United States
position regarding any such vote, as well as a description of the
location of the proposed assistance by municipality, its purpose,
and its intended beneficiaries.
(d) In carrying out this section, the Secretary of State, the
Administrator of the United States Agency for International
Development, and the Secretary of the Treasury shall consult with
representatives of human rights organizations and all government
agencies with relevant information to help prevent indicted war
criminals from benefiting from any financial or technical assistance
or grants provided to any country or entity described in subsection
(a).
(e) The Secretary of State may waive the application of subsection (a) with respect to projects within a country, entity, or
municipality upon a written determination to the Committees on
Appropriations that such assistance directly supports the
implementation of the Dayton Accords.
(f) DEFINITIONS.—As used in this section:
(1) COUNTRY.—The term ‘‘country’’ means Bosnia and
Herzegovina, Croatia and Serbia.
(2) ENTITY.—The term ‘‘entity’’ refers to the Federation
of Bosnia and Herzegovina, Kosovo, Montenegro and the
Republika Srpska.
(3) MUNICIPALITY.—The term ‘‘municipality’’ means a city,
town or other subdivision within a country or entity as defined
herein.
(4) DAYTON ACCORDS.—The term ‘‘Dayton Accords’’ means
the General Framework Agreement for Peace in Bosnia and
Herzegovina, together with annexes relating thereto, done at
Dayton, November 10 through 16, 1995.
Applicability.
Reports.
Deadline.
Submission.
Waiver authority.
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USER FEES
SEC. 659. The Secretary of the Treasury shall instruct the
United States Executive Director at each international financial
institution (as defined in section 1701(c)(2) of the International
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121 STAT. 2346
PUBLIC LAW 110–161—DEC. 26, 2007
Financial Institutions Act) and the International Monetary Fund
to oppose any loan, grant, strategy or policy of these institutions
that would require user fees or service charges on poor people
for primary education or primary healthcare, including prevention,
care and treatment for HIV/AIDS, malaria, tuberculosis, and infant,
child, and maternal well-being, in connection with the institutions’
financing programs.
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CONTRIBUTION TO THE UNITED NATIONS POPULATION FUND
SEC. 660. (a) LIMITATIONS ON AMOUNT OF CONTRIBUTION.—
Of the amounts made available under ‘‘International Organizations
and Programs’’ and ‘‘Global Health and Child Survival’’ accounts
for fiscal year 2008, $40,000,000 shall be made available for the
United Nations Population Fund (UNFPA): Provided, That of this
amount, not less than $7,000,000 shall be derived from funds appropriated under the heading ‘‘International Organizations and Programs’’.
(b) AVAILABILITY OF FUNDS.—Funds appropriated under the
heading ‘‘International Organizations and Programs’’ in this Act
that are available for UNFPA, that are not made available for
UNFPA because of the operation of any provision of law, shall
be transferred to the ‘‘Global Health and Child Survival’’ account
and shall be made available for family planning, maternal, and
reproductive health activities, subject to the regular notification
procedures of the Committees on Appropriations.
(c) PROHIBITION ON USE OF FUNDS IN CHINA.—None of the
funds made available under this Act may be used by UNFPA
for a country program in the People’s Republic of China.
(d) CONDITIONS ON AVAILABILITY OF FUNDS.—Amounts made
available under this Act for UNFPA may not be made available
to UNFPA unless—
(1) UNFPA maintains amounts made available to UNFPA
under this section in an account separate from other accounts
of UNFPA;
(2) UNFPA does not commingle amounts made available
to UNFPA under this section with other sums; and
(3) UNFPA does not fund abortions.
(e) REPORT TO CONGRESS AND DOLLAR-FOR-DOLLAR WITHHOLDING OF FUNDS.—
(1) Not later than 4 months after the date of enactment
of this Act, the Secretary of State shall submit a report to
the Committees on Appropriations indicating the amount of
funds that the UNFPA is budgeting for the year in which
the report is submitted for a country program in the People’s
Republic of China.
(2) If a report under paragraph (1) indicates that the
UNFPA plans to spend funds for a country program in the
People’s Republic of China in the year covered by the report,
then the amount of such funds that the UNFPA plans to
spend in the People’s Republic of China shall be deducted
from the funds made available to the UNFPA after March
1 for obligation for the remainder of the fiscal year in which
the report is submitted.
(f) Nothing in this section shall be construed to limit the
authority of the President to deny funds to any organization by
reason of the application of another provision of this Act or any
other provision of law.
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PUBLIC LAW 110–161—DEC. 26, 2007
121 STAT. 2347
COMMUNITY-BASED POLICE ASSISTANCE
SEC. 661. (a) AUTHORITY.—Funds made available by title III
of this Act to carry out the provisions of chapter 1 of part I
and chapter 4 of part II of the Foreign Assistance Act of 1961,
may be used, notwithstanding section 660 of that Act, to enhance
the effectiveness and accountability of civilian police authority
through training and technical assistance in human rights, the
rule of law, strategic planning, and through assistance to foster
civilian police roles that support democratic governance including
assistance for programs to prevent conflict, respond to disasters,
address gender-based violence, and foster improved police relations
with the communities they serve.
(b) NOTIFICATION.—Assistance provided under subsection (a)
shall be subject to prior consultation with, and the regular notification procedures of, the Committees on Appropriations.
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SPECIAL DEBT RELIEF FOR THE POOREST
SEC. 662. (a) AUTHORITY TO REDUCE DEBT.—The President
may reduce amounts owed to the United States (or any agency
of the United States) by an eligible country as a result of—
(1) guarantees issued under sections 221 and 222 of the
Foreign Assistance Act of 1961;
(2) credits extended or guarantees issued under the Arms
Export Control Act; or
(3) any obligation or portion of such obligation, to pay
for purchases of United States agricultural commodities guaranteed by the Commodity Credit Corporation under export credit
guarantee programs authorized pursuant to section 5(f) of the
Commodity Credit Corporation Charter Act of June 29, 1948,
as amended, section 4(b) of the Food for Peace Act of 1966,
as amended (Public Law 89–808), or section 202 of the Agricultural Trade Act of 1978, as amended (Public Law 95–501).
(b) LIMITATIONS.—
(1) The authority provided by subsection (a) may be exercised only to implement multilateral official debt relief and
referendum agreements, commonly referred to as ‘‘Paris Club
Agreed Minutes’’.
(2) The authority provided by subsection (a) may be exercised only in such amounts or to such extent as is provided
in advance by appropriations Acts.
(3) The authority provided by subsection (a) may be exercised only with respect to countries with heavy debt burdens
that are eligible to borrow from the International Development
Association, but not from the International Bank for
Reconstruction and Development, commonly referred to as
‘‘IDA-only’’ countries.
(c) CONDITIONS.—The authority provided by subsection (a) may
be exercised only with respect to a country whose government—
(1) does not have an excessive level of military expenditures;
(2) has not repeatedly provided support for acts of international terrorism;
(3) is not failing to cooperate on international narcotics
control matters;
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121 STAT. 2348
PUBLIC LAW 110–161—DEC. 26, 2007
(4) (including its military or other security forces) does
not engage in a consistent pattern of gross violations of internationally recognized human rights; and
(5) is not ineligible for assistance because of the application
of section 527 of the Foreign Relations Authorization Act, Fiscal
Years 1994 and 1995.
(d) AVAILABILITY OF FUNDS.—The authority provided by subsection (a) may be used only with regard to the funds appropriated
by this Act under the heading ‘‘Debt Restructuring’’.
(e) CERTAIN PROHIBITIONS INAPPLICABLE.—A reduction of debt
pursuant to subsection (a) shall not be considered assistance for
the purposes of any provision of law limiting assistance to a country.
The authority provided by subsection (a) may be exercised notwithstanding section 620(r) of the Foreign Assistance Act of 1961 or
section 321 of the International Development and Food Assistance
Act of 1975.
AUTHORITY TO ENGAGE IN DEBT BUYBACKS OR SALES
SEC. 663.
CELLATION.—
(a) LOANS ELIGIBLE
FOR
SALE, REDUCTION,
OR
CAN-
(1) AUTHORITY TO SELL, REDUCE, OR CANCEL CERTAIN
LOANS.—Notwithstanding any other provision of law, the President may, in accordance with this section, sell to any eligible
purchaser any concessional loan or portion thereof made before
January 1, 1995, pursuant to the Foreign Assistance Act of
1961, to the government of any eligible country as defined
in section 702(6) of that Act or on receipt of payment from
an eligible purchaser, reduce or cancel such loan or portion
thereof, only for the purpose of facilitating—
(A) debt-for-equity swaps, debt-for-development swaps,
or debt-for-nature swaps; or
(B) a debt buyback by an eligible country of its own
qualified debt, only if the eligible country uses an additional
amount of the local currency of the eligible country, equal
to not less than 40 percent of the price paid for such
debt by such eligible country, or the difference between
the price paid for such debt and the face value of such
debt, to support activities that link conservation and
sustainable use of natural resources with local community
development, and child survival and other child development, in a manner consistent with sections 707 through
710 of the Foreign Assistance Act of 1961, if the sale,
reduction, or cancellation would not contravene any term
or condition of any prior agreement relating to such loan.
(2) TERMS AND CONDITIONS.—Notwithstanding any other
provision of law, the President shall, in accordance with this
section, establish the terms and conditions under which loans
may be sold, reduced, or canceled pursuant to this section.
(3) ADMINISTRATION.—The Facility, as defined in section
702(8) of the Foreign Assistance Act of 1961, shall notify the
administrator of the agency primarily responsible for administering part I of the Foreign Assistance Act of 1961 of purchasers that the President has determined to be eligible, and
shall direct such agency to carry out the sale, reduction, or
cancellation of a loan pursuant to this section. Such agency
shall make adjustment in its accounts to reflect the sale, reduction, or cancellation.
President.
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Notification.
President.
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121 STAT. 2349
(4) LIMITATION.—The authorities of this subsection shall
be available only to the extent that appropriations for the
cost of the modification, as defined in section 502 of the
Congressional Budget Act of 1974, are made in advance.
(b) DEPOSIT OF PROCEEDS.—The proceeds from the sale, reduction, or cancellation of any loan sold, reduced, or canceled pursuant
to this section shall be deposited in the United States Government
account or accounts established for the repayment of such loan.
(c) ELIGIBLE PURCHASERS.—A loan may be sold pursuant to
subsection (a)(1)(A) only to a purchaser who presents plans satisfactory to the President for using the loan for the purpose of engaging
in debt-for-equity swaps, debt-for-development swaps, or debt-fornature swaps.
(d) DEBTOR CONSULTATIONS.—Before the sale to any eligible
purchaser, or any reduction or cancellation pursuant to this section,
of any loan made to an eligible country, the President should
consult with the country concerning the amount of loans to be
sold, reduced, or canceled and their uses for debt-for-equity swaps,
debt-for-development swaps, or debt-for-nature swaps.
(e) AVAILABILITY OF FUNDS.—The authority provided by subsection (a) may be used only with regard to funds appropriated
by this Act under the heading ‘‘Debt Restructuring’’.
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BASIC EDUCATION
SEC. 664. (a) IN GENERAL.—Of the funds appropriated by title
III of this Act, not less than $700,000,000 shall be made available
for assistance for developing countries for basic education, of which
not less than $190,000,000 shall be provided and implemented
in countries that have an approved national education plan.
(b) COORDINATOR.—There shall be established within the
Department of State in the immediate office of the Director of
United States Foreign Assistance, a Coordinator of United States
Government activities to provide basic education assistance in developing countries (hereinafter in this section referred to as the
‘‘Coordinator’’).
(c) RESPONSIBILITIES.—That the Coordinator shall have primary
responsibility for the oversight and coordination of all resources
and international activities of the United States Government that
provide assistance in developing countries for basic education. The
individual serving as the Coordinator may not hold any other position in the Federal Government during the individual’s time of
service as Coordinator.
(d) STRATEGY.—The President shall develop a comprehensive
integrated United States Government strategy to provide assistance
in developing countries for basic education within 90 days of enactment of this Act.
(e) REPORT TO CONGRESS.—Not later than September 30, 2008,
the Secretary of State shall report to the Committees on Appropriations on the implementation of United States Government assistance programs in developing countries for basic education.
(f) Funds appropriated by title II of Public Law 109–102 and
provided to the Comptroller General pursuant to section 567 of
that Act shall be available until expended and are also available
to the Comptroller General to conduct further evaluations of basic
education programs in developing countries under the direction
of the Committees on Appropriations.
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Establishment.
22 USC 2651a
note.
President.
Deadline.
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PUBLIC LAW 110–161—DEC. 26, 2007
RECONCILIATION PROGRAMS
SEC. 665. Of the funds appropriated by title III of this Act
under the heading ‘‘Economic Support Fund’’, $16,000,000 shall
be made available to support reconciliation programs which bring
together individuals of different ethnic, religious and political backgrounds from areas of civil conflict and war, and an additional
$9,000,000 shall be made available to support programs in the
Middle East: Provided, That the Administrator of the United States
Agency for International Development shall consult with the
Committees on Appropriations, prior to the initial obligation of
funds, on the most effective uses of such funds.
SUDAN
SEC. 666. (a) LIMITATION ON ASSISTANCE.—Subject to subsection
(b):
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(1) Notwithstanding any other provision of law, none of
the funds appropriated by this Act may be made available
for assistance for the Government of Sudan.
(2) None of the funds appropriated by this Act may be
made available for the cost, as defined in section 502, of the
Congressional Budget Act of 1974, of modifying loans and loan
guarantees held by the Government of Sudan, including the
cost of selling, reducing, or canceling amounts owed to the
United States, and modifying concessional loans, guarantees,
and credit agreements.
(b) Subsection (a) shall not apply if the Secretary of State
determines and certifies to the Committees on Appropriations that:
(1) The Government of Sudan honors its pledges to cease
attacks upon civilians and disarms and demobilizes the
Janjaweed and other government-supported militias.
(2) The Government of Sudan and all government-supported militia groups are honoring their commitments made
in all previous cease-fire agreements.
(3) The Government of Sudan is allowing unimpeded access
to Darfur to humanitarian aid organizations, the human rights
investigation and humanitarian teams of the United Nations,
including protection officers, and an international monitoring
team that is based in Darfur and has the support of the
United States.
(c) EXCEPTIONS.—The provisions of subsection (a) shall not
apply to—
(1) humanitarian assistance;
(2) assistance for the Darfur region, Southern Sudan,
Southern Kordofan/Nuba Mountains State, Blue Nile State,
and Abyei; and
(3) assistance to support implementation of the Comprehensive Peace Agreement and the Darfur Peace Agreement or
any other internationally-recognized viable peace agreement
in Sudan.
(d) DEFINITIONS.—For the purposes of this Act, the term
‘‘Government of Sudan’’ shall not include the Government of
Southern Sudan.
(e) Notwithstanding any other law, assistance in this Act may
be made available to the Government of Southern Sudan to provide
non-lethal military assistance, military education and training, and
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121 STAT. 2351
defense services controlled under the International Traffic in Arms
Regulations (22 CRF 120.1 et seq.) if the Secretary of State—
(1) determines that the provision of such items is in the
national interest of the United States; and
(2) not later than 15 days before the provision of any
such assistance, notifies the Committees on Appropriations and
the Committee on Foreign Relations in the Senate and the
Committee on Foreign Affairs in the House of Representatives
of such determination.
(f) CHAD.—Notwithstanding any other provision of law, of the
funds appropriated by this Act for assistance for Sudan, up to
$5,000,000 shall be made available for administrative and other
expenses of the United States Agency for International Development
in Chad.
Deadline.
Notification.
TRADE CAPACITY BUILDING
SEC. 667. Of the funds appropriated by this Act, under the
headings ‘‘Development Assistance’’, ‘‘Assistance for Eastern Europe
and the Baltic States’’, ‘‘Economic Support Fund’’, ‘‘Andean
Counterdrug Programs’’, and ‘‘Assistance for the Independent States
of the Former Soviet Union’’, not less than $550,000,000 should
be made available for trade capacity building assistance.
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TRANSPARENCY AND ACCOUNTABILITY
SEC. 668. (a) PUBLIC DISCLOSURE.—Ten percent of the funds
appropriated in this Act under the heading ‘‘International Organizations and Programs’’ for a contribution to any United Nations
agency may be withheld from disbursement if the Secretary of
State reports to the Committees on Appropriations that such agency
does not have or is not implementing a policy of posting on a
publicly available website information such as: (1) audits, budget
reports, and information related to procurement activities; (2) procedures for protecting whistleblowers; and (3) efforts to ensure the
independence of internal oversight bodies, adopt international
public sector accounting standards, and limit administrative costs.
(b) UNITED NATIONS DEVELOPMENT PROGRAM.—Twenty percent
of the funds appropriated by this Act under the heading ‘‘International Organizations and Programs’’ for a United States contribution to the United Nations Development Program (UNDP) shall
be withheld from disbursement until the Secretary of State reports
to the Committees on Appropriations that UNDP is—
(1) giving adequate access to information to the Department
of State regarding UNDP’s programs and activities as
requested, including in North Korea and Burma;
(2) conducting oversight of UNDP programs and activities
globally; and
(3) implementing a whistleblower protection policy equivalent to that recommended by the United Nations Secretary
General on December 3, 2007.
(c)(1) WORLD BANK.—Ten percent of the funds appropriated
by this Act under the heading ‘‘International Development Association’’ shall be withheld from disbursement until the Secretary of
the Treasury reports to the Committees on Appropriations that—
(A) the World Bank has made publicly available, in an
appropriate manner, financial disclosure forms of senior World
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Reports.
Website.
Reports.
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Public
information.
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Reports.
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PUBLIC LAW 110–161—DEC. 26, 2007
Bank personnel, including those at the level of managing
director, vice president, and above;
(B) the World Bank has established a plan and maintains
a schedule for conducting regular, independent audits of
internal management controls and procedures for meeting operational objectives, and is making reports describing the scope
and findings of such audits available to the public;
(C) the World Bank is adequately staffing and sufficiently
funding the Department of Institutional Integrity;
(D) the World Bank has made publicly available the reports
of the Department of Institutional Integrity, and any subsequent review of corrective actions for such reports, including,
but not limited to, the November 23, 2005 ‘‘Report of Investigation into Reproductive and Child Health I Project Credit N0180
India’’, and the May 2006 report on Credit Number 3703 DRC,
Grant number H193 DRC, and Grant number H010 DRC; and
(E) the World Bank is implementing the recommendations
of the ‘‘Volcker Panel’’ report in a timely manner.
(2) ANTICORRUPTION PROVISIONS.—In addition to the funds
withheld in subsection (b)(1), 10 percent of the funds appropriated
by this Act under the heading ‘‘International Development Association’’ shall be withheld from disbursement until the Secretary of
the Treasury reports to the Committees on Appropriations on the
extent to which the World Bank has completed the following:
(A) World Bank procurement guidelines, including the
World Bank’s Standard Bidding Documents, have been applied
to all procurement financed in whole or in part by a loan
from the World Bank or a credit agreement or grant from
the International Development Association (IDA);
(B) the World Bank maintains a strong central procurement
office staffed with senior experts who are designated to address
commercial concerns, questions, and complaints regarding
procurement procedures and payments under IDA and World
Bank projects;
(C) thresholds for international competitive bidding have
been established to maximize international competitive bidding
in accordance with sound procurement practices, including
transparency, competition, and cost-effective results for the Borrowers;
(D) the World Bank is consulting with the appropriate
private and public sector representatives regarding
implementation of the country procurement pilots outlined in
the June 2007 report to the Board; and
(E) all countries selected for the procurement pilot program
must adhere to all World Bank anti-fraud and anti-corruption
policies and must demonstrate a strong anti-fraud enforcement
record.
(d) REPORT.—
(1)(A) The Comptroller General of the United States shall
conduct an assessment of the programs and activities funded
under the heading ‘‘Millennium Challenge Corporation’’ (MCC)
in this Act and prior Acts making appropriations for foreign
operations, export financing, and related programs to include
a review of the financial controls and procurement practices
of the Corporation and its accountable entities, and the results
achieved by MCC’s compacts.
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PUBLIC LAW 110–161—DEC. 26, 2007
121 STAT. 2353
(B) Of the funds appropriated under the heading ‘‘Millennium Challenge Corporation’’ in this Act, up to $250,000 shall
be made available to the Comptroller for the requirements
of subsection (1)(A).
(2)(A) The Comptroller General of the United States shall
conduct an assessment of the HIV/AIDS programs and activities
funded under the headings ‘‘Child Survival and Health Programs Fund’’, ‘‘Global HIV/AIDS Initiative’’, and ‘‘Global Health
and Child Survival’’ in this Act and prior Acts making appropriations for foreign operations, export financing, and related
programs to include a review of the procurement and results
monitoring activities of United States bilateral HIV/AIDS programs. The assessment should also address the impact of Global
HIV/AIDS Initiative funding on other United States global
health programming.
(B) Of the funds appropriated under the heading ‘‘Global
Health and Child Survival’’, up to $125,000 shall be made
available to the Comptroller for the requirements of subsection
(2)(A).
(e) NATIONAL BUDGET TRANSPARENCY.—
(1) None of the funds appropriated by this Act may be
made available for assistance for the central government of
any country that fails to make publicly available on an annual
basis its national budget, to include income and expenditures.
(2) The Secretary of State may waive subsection (e)(1)
if the Secretary reports to the Committees on Appropriations
that to do so is in the national interests of the United States.
(3) The reporting requirement pursuant to section 585(b)
of Public Law 108–7 regarding fiscal transparency and accountability in countries whose central governments receive United
States foreign assistance shall apply to this Act.
HIV/AIDS.
Waiver authority.
Reports.
Applicability.
EXCESS DEFENSE ARTICLES FOR CENTRAL AND SOUTH EUROPEAN
COUNTRIES AND CERTAIN OTHER COUNTRIES
SEC. 669. Notwithstanding section 516(e) of the Foreign Assistance Act of 1961 (22 U.S.C. 2321j(e)), during fiscal year 2008,
funds available to the Department of Defense may be expended
for crating, packing, handling, and transportation of excess defense
articles transferred under the authority of section 516 of such
Act to Albania, Afghanistan, Bulgaria, Croatia, Estonia, Former
Yugoslavian Republic of Macedonia, Georgia, India, Iraq,
Kazakhstan, Kyrgyzstan, Latvia, Lithuania, Moldova, Mongolia,
Pakistan, Romania, Slovakia, Tajikistan, Turkmenistan, and
Ukraine.
GENDER-BASED VIOLENCE
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SEC. 670. Programs funded under titles III and IV of this
Act that provide training for foreign police, judicial, and military
officials, shall include, where appropriate, programs and activities
that address gender-based violence.
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PUBLIC LAW 110–161—DEC. 26, 2007
LIMITATION ON ECONOMIC SUPPORT FUND ASSISTANCE FOR CERTAIN
FOREIGN GOVERNMENTS THAT ARE PARTIES TO THE INTERNATIONAL
CRIMINAL COURT
President.
Notification.
Waiver authority.
Reports.
President.
Notification.
Waiver authority.
Reports.
SEC. 671. (a) None of the funds made available in this Act
under the heading ‘‘Economic Support Fund’’ may be used to provide
assistance to the government of a country that is a party to the
International Criminal Court and has not entered into an agreement
with the United States pursuant to Article 98 of the Rome Statute
preventing the International Criminal Court from proceeding
against United States personnel present in such country.
(b) The President may, with prior notice to Congress, waive
the prohibition of subsection (a) with respect to a North Atlantic
Treaty Organization (NATO) member country, a major non-NATO
ally (including Australia, Egypt, Israel, Japan, Jordan, Argentina,
the Republic of Korea, and New Zealand), Taiwan, or such other
country as he may determine if he determines and reports to
the appropriate congressional committees that it is important to
the national interests of the United States to waive such prohibition.
(c) The President may, with prior notice to Congress, waive
the prohibition of subsection (a) with respect to a particular country
if he determines and reports to the appropriate congressional
committees that such country has entered into an agreement with
the United States pursuant to Article 98 of the Rome Statute
preventing the International Criminal Court from proceeding
against United States personnel present in such country.
(d) The prohibition of this section shall not apply to countries
otherwise eligible for assistance under the Millennium Challenge
Act of 2003, notwithstanding section 606(a)(2)(B) of such Act.
WESTERN HEMISPHERE
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SEC. 672. (a) CENTRAL AND SOUTH AMERICA.—Of the funds
appropriated by this Act under the headings ‘‘Global Health and
Child Survival’’ and ‘‘Development Assistance’’, not less than the
amount of funds initially allocated for each such account pursuant
to section 653(a) of the Foreign Assistance Act of 1961 for fiscal
year 2007 shall be made available for El Salvador, Guatemala,
Nicaragua, Honduras, Ecuador, Peru, Bolivia, Brazil, Latin America
and Caribbean Regional, Central America Regional, and South
America Regional: Provided, That for the purposes of this subsection, ‘‘Global Health and Child Survival’’ shall mean ‘‘Child
Survival and Health Programs Fund’’.
(b) HAITI.—
(1) The Government of Haiti shall be eligible to purchase
defense articles and services under the Arms Export Control
Act (22 U.S.C. 2751 et seq.), for the Coast Guard.
(2) Of the funds appropriated by this Act under titles
III and IV, not less than $201,584,000 shall be available for
assistance for Haiti.
(3) None of the funds made available by this Act under
the heading ‘‘International Narcotics Control and Law Enforcement’’ may be used to transfer excess weapons, ammunition
or other lethal property of an agency of the United States
Government to the Government of Haiti for use by the Haitian
National Police until the Secretary of State certifies to the
Committees on Appropriations that any members of the Haitian
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PUBLIC LAW 110–161—DEC. 26, 2007
121 STAT. 2355
National Police who have been credibly alleged to have committed serious crimes, including drug trafficking and human
rights violations, have been suspended and the Haitian Government is cooperating in a reform and restructuring plan for
the Haitian National Police and the reform of the judicial
system as called for in United Nations Security Council Resolution 1608 adopted on June 22, 2005.
(c) DOMINICAN REPUBLIC.—Of the funds appropriated by this
Act under the headings ‘‘Global Health and Child Survival’’ and
‘‘Development Assistance’’, not less than $23,000,000 shall be made
available for assistance for the Dominican Republic, of which not
less than $5,000,000 shall be made available for basic health care,
nutrition, sanitation, education, and shelter for migrant workers
and other residents of batey communities.
(d) ASSISTANCE FOR GUATEMALA.—
(1) Of the funds appropriated by this Act under the heading
‘‘Economic Support Fund’’ that are available for assistance for
Guatemala, not less than $4,000,000 shall be made available
for a United States contribution to the International Commission Against Impunity in Guatemala (CICIG).
(2) Funds appropriated by this Act under the heading
‘‘International Military Education and Training’’ (IMET) that
are available for assistance for Guatemala, other than for
expanded IMET, may be made available only for the Guatemalan Air Force, Navy and Army Corps of Engineers: Provided,
That assistance for the Guatemalan Army Corps of Engineers
shall only be available for training to improve disaster response
capabilities and to participate in international peacekeeping
operations: Provided further, That such funds may be made
available only if the Secretary of State certifies that the Guatemalan Air Force, Navy and Army Corps of Engineers are
respecting human rights and are cooperating with civilian
judicial investigations and prosecutions of current and retired
military personnel who have been credibly alleged to have
committed violations of human rights.
(3) Of the funds appropriated by this Act under the heading
‘‘Foreign Military Financing Program’’, not more than $500,000
may be made available for the Guatemalan Air Force and
Navy: Provided, That such funds may be made available only
if the Secretary of State certifies that the Guatemalan Air
Force and Navy are respecting human rights and are cooperating with civilian judicial investigations and prosecutions of
current and retired military personnel who have been credibly
alleged to have committed violations of human rights, and
the Guatemalan Armed Forces are fully cooperating (including
access for investigators, the provision of documents and other
evidence, and testimony of witnesses) with the CICIG.
(e) FREE TRADE AGREEMENTS.—Of the funds appropriated by
this Act under the heading ‘‘Economic Support Fund’’, not less
than $10,000,000 shall be made available for labor and environmental capacity building activities relating to the free trade agreements with countries of Central America and the Dominican
Republic.
(f) NOTIFICATION REQUIREMENT.—Funds made available in this
Act for assistance for Guatemala and Haiti under the headings
referred to in this section shall be subject to the regular notification
procedures of the Committees on Appropriations.
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Certification.
Certification.
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PUBLIC LAW 110–161—DEC. 26, 2007
ZIMBABWE
Certification.
22 USC 2151
note.
SEC. 673. The Secretary of the Treasury shall instruct the
United States executive director to each international financial
institution to vote against any extension by the respective institution of any loans to the Government of Zimbabwe, except to meet
basic human needs or to promote democracy, unless the Secretary
of State determines and certifies to the Committees on Appropriations that the rule of law has been restored in Zimbabwe, including
respect for ownership and title to property, freedom of speech and
association.
DEVELOPMENT GRANTS PROGRAM
SEC. 674. (a) ESTABLISHMENT OF THE PROGRAM.—There is established within the United States Agency for International Development (USAID) a Development Grants Program (DGP) to provide
small grants to United States and indigenous nongovernmental
organizations for the purpose of carrying out the provisions of
chapters 1 and 10 of part I and chapter 4 of part II of the Foreign
Assistance Act of 1961.
(b) ELIGIBILITY FOR GRANTS.—Grants from the DGP shall be
made only for proposals of nongovernmental organizations.
(c) COMPETITION.—Grants made pursuant to the authority of
this section shall be provided through an open, transparent and
competitive process.
(d) SIZE OF PROGRAM AND INDIVIDUAL GRANTS.—
(1) Of the funds appropriated by this Act to carry out
chapter 1 of part I and chapter 4 of part II of the Foreign
Assistance Act of 1961, not less than $50,000,000 shall be
made available for purposes of this section: Provided, That
not more than 50 percent of this amount shall be derived
from funds appropriated to carry out chapter 1 of part I of
such Act.
(2) No individual organization can receive grants, or grant
amendments, made pursuant to this section in excess of
$2,000,000.
(e) AVAILABILITY OF OTHER FUNDS.—Funds made available
under this section are in addition to other funds available for
such purposes including funds designated by this Act by section
665.
(f) DEFINITION.—For purposes of this section, the term ‘‘nongovernmental organization’’ means a private voluntary organization,
and shall not include entities owned in whole or in part by a
government or governmental entity.
(g) REPORT.—Within 90 days from the date of enactment of
this Act, and after consultation with the Committees on Appropriations, the Administrator of USAID shall submit a report to those
Committees describing the procedures and mechanisms USAID will
use to implement this section.
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DISASTER ASSISTANCE AND RECOVERY
SEC. 675. Funds made available to the Comptroller General
under chapter 4 of title I of the Emergency Supplemental Appropriations Act (Public Law 106–31; 113 Stat. 69) and section 593 of
the Foreign Operations, Export Financing, and Programs Agencies
Appropriations Act, 2001 (Public Law 106–429; 114 Stat. 1900A–
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59) to monitor the provisions of assistance to address the effects
of hurricanes in Central America and the Caribbean and the earthquake in Colombia, and to monitor the earthquake relief and
reconstruction efforts in El Salvador under section 561 of the Foreign Operations, Export Financing, and Programs Agencies Appropriations Act, 2002 (Public Law 107–115; 115 Stat. 2162) shall
also be available to the Comptroller General to monitor any other
disaster assistance and recovery effort.
UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT
MANAGEMENT
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(INCLUDING
TRANSFER OF FUNDS)
SEC. 676. (a) AUTHORITY.—Up to $81,000,000 of the funds made
available in title III of this Act to carry out the provisions of
part I of the Foreign Assistance Act of 1961, including funds appropriated under the heading ‘‘Assistance for Eastern Europe and
the Baltic States’’, may be used by the United States Agency for
International Development (USAID) to hire and employ individuals
in the United States and overseas on a limited appointment basis
pursuant to the authority of sections 308 and 309 of the Foreign
Service Act of 1980.
(b) RESTRICTIONS.—
(1) The number of individuals hired in any fiscal year
pursuant to the authority contained in subsection (a) may not
exceed 175.
(2) The authority to hire individuals contained in subsection
(a) shall expire on September 30, 2009.
(c) CONDITIONS.—The authority of subsection (a) may only be
used to the extent that an equivalent number of positions that
are filled by personal services contractors or other non-direct hire
employees of USAID, who are compensated with funds appropriated
to carry out part I of the Foreign Assistance Act of 1961, including
funds appropriated under the heading ‘‘Assistance for Eastern
Europe and the Baltic States’’, are eliminated.
(d) PRIORITY SECTORS.—In exercising the authority of this section, primary emphasis shall be placed on enabling USAID to meet
personnel positions in technical skill areas currently encumbered
by contractor or other non-direct hire personnel.
(e) CONSULTATIONS.—The USAID Administrator shall consult
with the Committees on Appropriations at least on a quarterly
basis concerning the implementation of this section.
(f) PROGRAM ACCOUNT CHARGED.—The account charged for the
cost of an individual hired and employed under the authority of
this section shall be the account to which such individual’s responsibilities primarily relate. Funds made available to carry out this
section may be transferred to and merged and consolidated with
funds appropriated for ‘‘Operating Expenses of the United States
Agency for International Development’’.
(g) MANAGEMENT REFORM PILOT.—Of the funds made available
in subsection (a), USAID may use, in addition to funds otherwise
available for such purposes, up to $15,000,000 to fund overseas
support costs of members of the Foreign Service with a Foreign
Service rank of four or below: Provided, That such authority is
only used to reduce USAID’s reliance on overseas personal services
contractors or other non-direct hire employees compensated with
funds appropriated to carry out part I of the Foreign Assistance
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22 USC 3948
note.
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PUBLIC LAW 110–161—DEC. 26, 2007
Act of 1961, including funds appropriated under the heading ‘‘Assistance for Eastern Europe and the Baltic States’’.
(h) DISASTER SURGE CAPACITY.—Funds appropriated under title
III of this Act to carry out part I of the Foreign Assistance Act
of 1961, including funds appropriated under the heading ‘‘Assistance
for Eastern Europe and the Baltic States’’, may be used, in addition
to funds otherwise available for such purposes, for the cost
(including the support costs) of individuals detailed to or employed
by the United States Agency for International Development whose
primary responsibility is to carry out programs in response to
natural disasters.
OPIC TRANSFER AUTHORITY
(INCLUDING
President.
Notification.
TRANSFER OF FUNDS)
SEC. 677. Whenever the President determines that it is in
furtherance of the purposes of the Foreign Assistance Act of 1961,
up to a total of $20,000,000 of the funds appropriated under title
III of this Act may be transferred to and merged with funds appropriated by this Act for the Overseas Private Investment Corporation
Program Account, to be subject to the terms and conditions of
that account: Provided, That such funds shall not be available
for administrative expenses of the Overseas Private Investment
Corporation: Provided further, That designated funding levels in
this Act shall not be transferred pursuant to this section: Provided
further, That the exercise of such authority shall be subject to
the regular notification procedures of the Committees on Appropriations.
REPORTING REQUIREMENT
SEC. 678. The Secretary of State shall provide the Committees
on Appropriations, not later than April 1, 2008, and for each fiscal
quarter, a report in writing on the uses of funds made available
under the headings ‘‘Foreign Military Financing Program’’, ‘‘International Military Education and Training’’, and ‘‘Peacekeeping
Operations’’: Provided, That such report shall include a description
of the obligation and expenditure of funds, and the specific country
in receipt of, and the use or purpose of the assistance provided
by such funds.
INDONESIA
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SEC. 679. (a) Of the funds appropriated by this Act under
the heading ‘‘Foreign Military Financing Program’’ up to
$15,700,000 may be made available for assistance for Indonesia
as follows—
(1) Of the amount provided in subsection (a), $13,000,000
may be made available upon enactment of this Act.
(2) Of the amount provided in subsection (a), $2,700,000
may not be made available until the Secretary of State reports
to the Committees on Appropriations—
(A) on the steps taken by the Government of Indonesia
on the following—
(i) prosecution and punishment, in a manner
proportional to the crime, for members of the Armed
Forces who have been credibly alleged to have committed gross violations of human rights in Timor-Leste
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and elsewhere, and cooperation by the Armed Forces
with civilian judicial authorities and with international
efforts to resolve cases of gross violations of human
rights; and
(ii) implementation by the Armed Forces of reforms
to increase the transparency and accountability of their
operations and financial management; and
(B) that the Government of Indonesia has written plans
to effectively provide accountability for past violations of
human rights by members of the Armed Forces, and is
implementing plans to effectively allow public access to
Papua and to pursue the criminal investigation and provide
the projected timeframe for completing the investigation
of the murder of Munir Said Thalib.
(b) Of the funds appropriated by this Act under the heading
‘‘Economic Support Fund’’ that are available for assistance for Indonesia, not less than $250,000 should be made available for grants
for capacity building of Indonesian human rights organizations,
including in Papua.
LIMITATION ON BASING IN IRAQ
SEC. 680. None of the funds made available in this Act may
be used by the Government of the United States to enter into
a permanent basing rights agreement between the United States
and Iraq.
PROHIBITION ON USE OF TORTURE
SEC. 681. None of the funds made available in this Act shall
be used in any way whatsoever to support or justify the use of
torture, cruel or inhumane treatment by any official or contract
employee of the United States Government.
REPORT ON INDONESIA
SEC. 682. Not later than 90 days after enactment of this Act,
the Secretary of State shall submit a report to the Committees
on Appropriations that describes—
(1) the steps taken by the Government of Indonesia to
deny promotion, suspend from active service, and pursue
prosecution of military officers indicted for serious crimes, and
the extent to which past and present Indonesian military officials are cooperating with domestic inquiries into human rights
abuses, including the forced disappearance and killing of student activists in 1998 and 1999;
(2) the responses of the Governments of Indonesia and
Timor-Leste to the Final Report of the Commission for Reception, Truth and Reconciliation in Timor-Leste and the June
2006 report of the report to the Secretary-General of the
Commission of Experts to Review the Prosecution of Serious
Violations of Human Rights in Timor-Leste in 1999; and
(3) the steps taken by the Indonesian military to divest
itself of illegal businesses.
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EXTRADITION
SEC. 683. (a) None of the funds appropriated in this Act for
the Department of State may be used to provide assistance (other
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PUBLIC LAW 110–161—DEC. 26, 2007
than funds provided under the headings ‘‘International Narcotics
Control and Law Enforcement’’, ‘‘Migration and Refugee Assistance’’, ‘‘Emergency Migration and Refugee Assistance’’, and ‘‘Nonproliferation, Anti-terrorism, Demining and Related Assistance’’)
for the central government of a country which has notified the
Department of State of its refusal to extradite to the United States
any individual indicted for a criminal offense for which the maximum penalty is life imprisonment without the possibility of parole
or for killing a law enforcement officer, as specified in a United
States extradition request.
(b) Subsection (a) shall only apply to the central government
of a country with which the United States maintains diplomatic
relations and with which the United States has an extradition
treaty and the government of that country is in violation of the
terms and conditions of the treaty.
(c) The Secretary of State may waive the restriction in subsection (a) on a case-by-case basis if the Secretary certifies to
the Committees on Appropriations that such waiver is important
to the national interests of the United States.
Applicability.
ENVIRONMENT AND ENERGY PROGRAMS
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Establishment.
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SEC. 684. (a) BIODIVERSITY.—Of the funds appropriated under
the heading ‘‘Development Assistance’’, not less than $195,000,000
shall be made available for programs and activities which directly
protect biodiversity, including forests, in developing countries, of
which not less than the amount of funds initially allocated pursuant
to section 653(a) of the Foreign Assistance Act of 1961 for fiscal
year 2006 shall be made available for such activities in Brazil,
Colombia, Ecuador, Peru and Bolivia, and that in addition to such
amounts for such countries not less than $15,000,000 shall be
made available for the United States Agency for International
Development’s Amazon Basin Conservation Initiative: Provided,
That of the funds appropriated by this Act, not less than $2,000,000
should be made available for wildlife conservation and protected
area management in the Boma-Jonglei landscape of Southern
Sudan, and not less than $17,500,000 shall be made available
for the Congo Basin Forest Partnership of which not less than
$2,500,000 shall be made available to the United States Fish and
Wildlife Service for great apes conservation programs in Central
Africa.
(b) ENERGY.—
(1) Of the funds appropriated by this Act, not less than
$195,000,000 shall be made available to support clean energy
and other climate change programs in developing countries,
of which not less than $125,000,000 should be made available
to directly promote and deploy energy conservation, energy
efficiency, and renewable and clean energy technologies with
an emphasis on small hydro, solar and wind energy, and of
which the balance should be made available to directly: (1)
reduce greenhouse gas emissions; (2) increase carbon sequestration activities; and (3) support climate change mitigation and
adaptation programs.
(2) The Secretary of State shall convene an interagency
committee, including appropriate officials of the Department
of State, the United States Agency for International Development, and the Environmental Protection Agency, to evaluate
the specific needs of developing countries in adapting to climate
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change impacts: Provided, That the Secretary shall submit
a report to the Committees on Appropriations not later than
September 1, 2008, describing such needs, on a country-bycountry and regional basis, and the actions planned and being
taken by the United States, including funding provided to developing countries specifically for adaptation to climate change
impacts.
(c) EXTRACTION OF NATURAL RESOURCES.—
(1) The Secretary of the Treasury shall inform the managements of the international financial institutions and the public
that it is the policy of the United States that any assistance
by such institutions (including but not limited to any loan,
credit, grant, or guarantee) for the extraction and export of
oil, gas, coal, timber, or other natural resource should not
be provided unless the government of the country has in place
functioning systems for: (A) accurately accounting for payments
for companies involved in the extraction and export of natural
resources; (B) the independent auditing of accounts receiving
such payments and the widespread public dissemination of
the findings of such audits; and (C) verifying government
receipts against company payments including widespread
dissemination of such payment information, and disclosing such
documents as Host Government Agreements, Concession Agreements, and bidding documents, allowing in any such dissemination or disclosure for the redaction of, or exceptions for, information that is commercially proprietary or that would create
competitive disadvantage.
(2) Not later than 180 days after the enactment of this
Act, the Secretary of the Treasury shall submit a report to
the Committees on Appropriations describing, for each international financial institution, the amount and type of assistance
provided, by country, for the extraction and export of oil, gas,
coal, timber, or other natural resources since September 30,
2006, and whether each institution considered, in its proposal
for such assistance, the extent to which the country has functioning systems described in paragraph (c)(1).
Reports.
Deadline.
Deadline.
Reports.
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UZBEKISTAN
SEC. 685. (a) Funds appropriated by this Act may be made
available for assistance for the central Government of Uzbekistan
only if the Secretary of State determines and reports to the Committees on Appropriations that the Government of Uzbekistan is
making substantial and continuing progress—
(1) in meeting its commitments under the ‘‘Declaration
on the Strategic Partnership and Cooperation Framework
Between the Republic of Uzbekistan and the United States
of America’’, including respect for human rights, establishing
a genuine multi-party system, and ensuring free and fair elections, freedom of expression, and the independence of the media;
and
(2) in investigating and prosecuting the individuals responsible for the deliberate killings of civilians in Andijan in May
2005.
(b) If the Secretary of State has credible evidence that any
current or former official of the Government of Uzbekistan was
responsible for the deliberate killings of civilians in Andijan in
May 2005, or for other gross violations of human rights in
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Reports.
Human rights.
Deadline.
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Waiver authority.
PUBLIC LAW 110–161—DEC. 26, 2007
Uzbekistan, not later than 6 months after enactment of this Act
any person identified by the Secretary pursuant to this subsection
shall be ineligible for admission to the United States.
(c) The restriction in subsection (b) shall cease to apply if
the Secretary determines and reports to the Committees on Appropriations that the Government of Uzbekistan has taken concrete
and measurable steps to improve respect for internationally recognized human rights, including allowing peaceful political and religious expression, releasing imprisoned human rights defenders,
and implementing recommendations made by the United Nations
on torture.
(d) The Secretary may waive the application of subsection (b)
if the Secretary determines that admission to the United States
is necessary to attend the United Nations or to further United
States law enforcement objectives.
(e) For the purpose of this section ‘‘assistance’’ shall include
excess defense articles.
REPRESSION IN THE RUSSIAN FEDERATION
Deadline.
President.
Certification.
Waiver authority.
SEC. 686. (a) None of the funds appropriated for assistance
under this Act may be made available for the Government of
the Russian Federation, after 180 days from the date of the enactment of this Act, unless the President determines and certifies
in writing to the Committees on Appropriations that the Government of the Russian Federation: (1) has implemented no statute,
Executive order, regulation or similar government action that would
discriminate, or which has as its principal effect discrimination,
against religious groups or religious communities in the Russian
Federation in violation of accepted international agreements on
human rights and religious freedoms to which the Russian Federation is a party; and (2) is (A) honoring its international obligations
regarding freedom of expression, assembly, and press, as well as
due process; (B) investigating and prosecuting law enforcement
personnel credibly alleged to have committed human rights abuses
against political leaders, activists and journalists; and (C) immediately releasing political leaders, activists and journalists who
remain in detention.
(b) The Secretary of State may waive the requirements of
subsection (a) if the Secretary determines that to do so is important
to the national interests of the United States.
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WAR CRIMES IN AFRICA
SEC. 687. (a) The Congress reaffirms its support for the efforts
of the International Criminal Tribunal for Rwanda (ICTR) and
the Special Court for Sierra Leone (SCSL) to bring to justice individuals responsible for war crimes and crimes against humanity in
a timely manner.
(b) Funds appropriated by this Act, including funds for debt
restructuring, may be made available for assistance to the central
government of a country in which individuals indicted by ICTR
and SCSL are credibly alleged to be living, if the Secretary of
State determines and reports to the Committees on Appropriations
that such government is cooperating with ICTR and SCSL,
including the surrender and transfer of indictees in a timely
manner: Provided, That this subsection shall not apply to assistance
provided under section 551 of the Foreign Assistance Act of 1961
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or to project assistance under title II of this Act: Provided further,
That the United States shall use its voice and vote in the United
Nations Security Council to fully support efforts by ICTR and
SCSL to bring to justice individuals indicted by such tribunals
in a timely manner.
(c) The prohibition in subsection (b) may be waived on a country
by country basis if the President determines that doing so is in
the national security interest of the United States: Provided, That
prior to exercising such waiver authority, the President shall submit
a report to the Committees on Appropriations, in classified form
if necessary, on—
(1) the steps being taken to obtain the cooperation of the
government in surrendering the indictee in question to the
court of jurisdiction;
(2) a strategy, including a timeline, for bringing the indictee
before such court; and
(3) the justification for exercising the waiver authority.
Waiver authority.
President.
Reports.
COMBATTING PIRACY OF UNITED STATES COPYRIGHTED MATERIALS
SEC. 688. (a) PROGRAM AUTHORIZED.—The Secretary of State
may carry out a program of activities to combat piracy in countries
that are not members of the Organization for Economic Cooperation
and Development, including activities as follows:
(1) The provision of equipment and training for law enforcement, including in the interpretation of intellectual property
laws.
(2) The provision of training for judges and prosecutors,
including in the interpretation of intellectual property laws.
(3) The provision of assistance in complying with obligations under applicable international treaties and agreements
on copyright and intellectual property.
(b) CONSULTATION WITH WORLD INTELLECTUAL PROPERTY
ORGANIZATION.—In carrying out the program authorized by subsection (a), the Secretary shall, to the maximum extent practicable,
consult with and provide assistance to the World Intellectual Property Organization in order to promote the integration of countries
described in subsection (a) into the global intellectual property
system.
(c) FUNDING.—Of the amount appropriated or otherwise made
available under the heading ‘‘International Narcotics Control and
Law Enforcement’’, $5,000,000 may be made available in fiscal
year 2008 for the program authorized by subsection (a).
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NEGLECTED TROPICAL DISEASES
SEC. 689. Of the funds appropriated under the heading ‘‘Global
Health and Child Survival’’, not less than $15,000,000 shall be
made available to support the United States Agency for International Development’s ongoing program to implement an
integrated response to the control of neglected diseases including
intestinal
parasites,
schistosomiasis,
lymphatic
filariasis,
onchocerciasis, trachoma and leprosy: Provided, That the Administrator of the United States Agency for International Development
shall consult with the Committees on Appropriations, representatives from the relevant international technical and nongovernmental
organizations addressing the specific diseases, recipient countries,
donor countries, the private sector, UNICEF and the World Health
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PUBLIC LAW 110–161—DEC. 26, 2007
Organization: (1) on the most effective uses of such funds to demonstrate the health and economic benefits of such an approach;
and (2) to develop a multilateral, integrated initiative to control
these diseases that will enhance coordination and effectiveness
and maximize the leverage of United States contributions with
those of other donors: Provided further, That funds made available
pursuant to this section shall be subject to the regular notification
procedures of the Committees on Appropriations.
Notification.
EGYPT
Effective date.
Waiver authority.
Reports.
SEC. 690. (a) Of the funds appropriated by this Act under
the heading ‘‘Foreign Military Financing Program’’ or under the
heading ‘‘Economic Support Fund’’ that are available for assistance
for Egypt, $100,000,000 shall not be made available for obligation
until the Secretary of State certifies and reports to the Committees
on Appropriations that the Government of Egypt has taken concrete
and measurable steps to—
(1) adopt and implement judicial reforms that protect the
independence of the judiciary;
(2) review criminal procedures and train police leadership
in modern policing to curb police abuses; and
(3) detect and destroy the smuggling network and tunnels
that lead from Egypt to Gaza.
(b) Not less than 45 days after enactment of this Act, the
Secretary may waive subsection (a) if the Secretary determines
and reports to the Committees on Appropriations that such waiver
is in the national security interest of the United States.
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RELIEF FOR IRAQI, MONTAGNARDS, HMONG AND OTHER REFUGEES
WHO DO NOT POSE A THREAT TO THE UNITED STATES
SEC. 691. (a) AMENDMENT TO AUTHORITY TO DETERMINE THE
BAR TO ADMISSION INAPPLICABLE.—Section 212(d)(3)(B)(i) of the
Immigration and Nationality Act (8 U.S.C. 1182(d)(3)(B)(i)) is
amended to read as follows:
‘‘The Secretary of State, after consultation with the Attorney
General and the Secretary of Homeland Security, or the Secretary
of Homeland Security, after consultation with the Secretary of
State and the Attorney General, may determine in such Secretary’s
sole unreviewable discretion that subsection (a)(3)(B) shall not apply
with respect to an alien within the scope of that subsection or
that subsection (a)(3)(B)(vi)(III) shall not apply to a group within
the scope of that subsection, except that no such waiver may be
extended to an alien who is within the scope of subsection
(a)(3)(B)(i)(II), no such waiver may be extended to an alien who
is a member or representative of, has voluntarily and knowingly
engaged in or endorsed or espoused or persuaded others to endorse
or espouse or support terrorist activity on behalf of, or has voluntarily and knowingly received military-type training from a terrorist
organization that is described in subclause (I) or (II) of subsection
(a)(3)(B)(vi), and no such waiver may be extended to a group that
has engaged terrorist activity against the United States or another
democratic country or that has purposefully engaged in a pattern
or practice of terrorist activity that is directed at civilians. Such
a determination shall neither prejudice the ability of the United
States Government to commence criminal or civil proceedings
involving a beneficiary of such a determination or any other person,
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PUBLIC LAW 110–161—DEC. 26, 2007
121 STAT. 2365
nor create any substantive or procedural right or benefit for a
beneficiary of such a determination or any other person. Notwithstanding any other provision of law (statutory or nonstatutory),
including section 2241 of title 28, or any other habeas corpus
provision, and sections 1361 and 1651 of such title, no court shall
have jurisdiction to review such a determination or revocation
except in a proceeding for review of a final order of removal pursuant to section 1252 of this title, and review shall be limited to
the extent provided in section 1252(a)(2)(D). The Secretary of State
may not exercise the discretion provided in this clause with respect
to an alien at any time during which the alien is the subject
of pending removal proceedings under section 1229a of this title.’’.
(b) AUTOMATIC RELIEF FOR THE HMONG AND OTHER GROUPS
THAT DO NOT POSE A THREAT TO THE UNITED STATES.—For purposes of section 212(a)(3)(B) of the Immigration and Nationality
Act (8 U.S.C. 1182(a)(3)(B)), the Karen National Union/Karen Liberation Army (KNU/KNLA), the Chin National Front/Chin National
Army (CNF/CNA), the Chin National League for Democracy
(CNLD), the Kayan New Land Party (KNLP), the Arakan Liberation
Party (ALP), the Mustangs, the Alzados, the Karenni National
Progressive Party, and appropriate groups affiliated with the
Hmong and the Montagnards shall not be considered to be a terrorist organization on the basis of any act or event occurring before
the date of enactment of this section. Nothing in this subsection
may be construed to alter or limit the authority of the Secretary
of State or the Secretary of Homeland Security to exercise his
discretionary authority pursuant to section 212(d)(3)(B)(i) of the
Immigration and Nationality Act (8 U.S.C. 1182(d)(3)(B)(i)).
(c) TECHNICAL CORRECTION.—Section 212(a)(3)(B)(ii) of the
Immigration and Nationality Act (8 U.S.C. 1182(a)(3)(B)(ii)) is
amended by striking ‘‘Subclause (VII)’’ and inserting ‘‘Subclause
(IX)’’.
(d) DESIGNATION OF THE TALIBAN AS A TERRORIST ORGANIZATION.—For purposes of section 212(a)(3)(B) of the Immigration and
Nationality Act (8 U.S.C. 1182(a)(3)(B)), the Taliban shall be considered to be a terrorist organization described in subclause (I) of
clause (vi) of that section.
(e) REPORT ON DURESS WAIVERS.—The Secretary of Homeland
Security shall provide to the Committees on the Judiciary of the
United States Senate and House of Representatives a report, not
less than 180 days after the enactment of this Act and every
year thereafter, which may include a classified annex, if appropriate, describing—
(1) the number of individuals subject to removal from the
United States for having provided material support to a terrorist group who allege that such support was provided under
duress;
(2) a breakdown of the types of terrorist organizations
to which the individuals described in paragraph (1) have provided material support;
(3) a description of the factors that the Department of
Homeland Security considers when evaluating duress waivers;
and
(4) any other information that the Secretary believes that
the Congress should consider while overseeing the Department’s application of duress waivers.
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8 USC 1182 note.
PUBLIC LAW 110–161—DEC. 26, 2007
(f) EFFECTIVE DATE.—The amendments made by this section
shall take effect on the date of enactment of this section, and
these amendments and sections 212(a)(3)(B) and 212(d)(3)(B) of
the Immigration and Nationality Act (8 U.S.C. 1182(a)(3)(B) and
1182(d)(3)(B)), as amended by these sections, shall apply to—
(1) removal proceedings instituted before, on, or after the
date of enactment of this section; and
(2) acts and conditions constituting a ground for inadmissibility, excludability, deportation, or removal occurring or
existing before, on, or after such date.
REPORT ON ANTI-CORRUPTION ACTIVITIES
SEC. 692. Not later than August 1, 2008, the Secretary of
State, in consultation with the Administrator of the United States
Agency for International Development and the Chief Executive
Officer of the Millennium Challenge Corporation, shall submit to
the Committees on Appropriations a report on the level of corruption
in each country that receives development assistance appropriated
in this Act.
DEMOCRACY, THE RULE OF LAW, AND GOVERNANCE IN IRAN
SEC. 693. Of the funds appropriated in this Act, $60,000,000
should be made available for programs to promote democracy, the
rule of law, and governance in Iran.
DENIAL OF VISAS RELATED TO REMOVAL OF ALIENS
SEC. 694. None of the funds made available in this Act may
be expended in violation of section 243(d) of the Immigration and
Nationality Act (8 U.S.C. 1253(d)) (relating to discontinuing
granting visas to nationals of countries that are denying or delaying
accepting aliens removed from the United States).
UNITED NATIONS HUMAN RIGHTS COUNCIL
Certification.
SEC. 695. (a) None of the funds appropriated by this Act may
be made available for a United States contribution to the United
Nations Human Rights Council.
(b) The prohibition under subsection (a) shall not apply if—
(1) the Secretary of State certifies to the Committees on
Appropriations that the provision of funds to support the United
Nations Human Rights Council is in the national interest of
the United States; or
(2) the United States is a member of the Human Rights
Council.
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ATTENDANCE AT INTERNATIONAL CONFERENCES
SEC. 696. None of the funds made available in this Act may
be used to send or otherwise pay for the attendance of more than
50 employees of agencies or departments of the United States
Government who are stationed in the United States, at any single
international conference occurring outside the United States, unless
the Secretary of State determines that such attendance is in the
national interest: Provided, That for purposes of this section the
term ‘‘international conference’’ shall mean a conference attended
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by representatives of the United States Government and representatives of foreign governments, international organizations, or nongovernmental organizations.
SAUDI ARABIA
SEC. 697. None of the funds appropriated or otherwise made
available pursuant to this Act shall be obligated or expended to
finance any assistance to Saudi Arabia: Provided, That the President may waive the prohibition of this section if the President
certifies to the Committees on Appropriations, 15 days prior to
the obligation of funds for assistance for Saudi Arabia, that Saudi
Arabia is cooperating with efforts to combat international terrorism
and that the proposed assistance will help facilitate that effort.
President.
Waiver authority.
Certification.
Deadline.
CENTRAL ASIA
SEC. 698. (a) Funds appropriated by this Act may be made
available for assistance for the Government of Kazakhstan only
if the Secretary of State determines and reports to the Committees
on Appropriations that the Government of Kazakhstan has made
significant improvements in the protection of human rights and
civil liberties during the preceding 6 month period, including by
fulfilling obligations recommended by the Organization for Security
and Cooperation in Europe (OSCE) in the areas of election procedures, media freedom, freedom of religion, free assembly and
minority rights, and by meeting the commitments it made in connection with its assumption of the Chairmanship of the OSCE in
2010.
(b) The Secretary of State may waive subsection (a) if the
Secretary determines and reports to the Committees on Appropriations that such a waiver is important to the national security
of the United States.
(c) Not later than October 1, 2008, the Secretary of State
shall submit a report to the Committees on Appropriations and
the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives describing
the following:
(1) The defense articles, defense services, and financial
assistance provided by the United States to the countries of
Central Asia during the 12-month period ending 30 days prior
to submission of such report.
(2) The use during such period of defense articles, defense
services, and financial assistance provided by the United States
by units of the armed forces, border guards, or other security
forces of such countries.
(d) For purposes of this section, the term ‘‘countries of Central
Asia’’ means Uzbekistan, Kazakhstan, Kyrgyz Republic, Tajikistan,
and Turkmenistan.
Kazakhstan.
Reports.
Human rights.
Waiver authority.
Deadline.
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DISABILITY PROGRAMS
SEC. 699. (a) Of the funds appropriated by this Act under
the heading ‘‘Economic Support Fund’’, not less than $4,000,000
shall be made available for programs and activities administered
by the United States Agency for International Development
(USAID) to address the needs and protect the rights of people
with disabilities in developing countries, of which $1,500,000 should
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Deadline.
Reports.
PUBLIC LAW 110–161—DEC. 26, 2007
be made available to disability advocacy organizations that have
expertise in working to protect the rights and increasing the
independence and full participation of people with disabilities: Provided, That funds for disability advocacy organizations should be
used for training and technical assistance for foreign disabled persons organizations in such areas as advocacy, education, independent living, and transportation, with the goal of promoting equal
participation of people with disabilities in developing countries:
Provided further, That USAID should seek to disburse at least
25 percent of the funds made available pursuant to this subsection
in the form of small grants.
(b) Funds appropriated under the heading ‘‘Operating Expenses
of the United States Agency for International Development’’ shall
be made available to develop and implement training for staff
in overseas USAID missions to promote the full inclusion and
equal participation of people with disabilities in developing countries.
(c) The Secretary of State, the Secretary of the Treasury, and
the Administrator of USAID shall seek to ensure that, where appropriate, construction projects funded by this Act are accessible to
people with disabilities and in compliance with the USAID Policy
on Standards for Accessibility for the Disabled, or other similar
accessibility standards.
(d) Of the funds made available pursuant to subsection (a),
not more than 7 percent may be for management, oversight and
technical support.
(e) Not later than 180 days after the date of enactment of
this Act, and 180 days thereafter, the Administrator of USAID
shall submit a report describing the programs, activities, and
organizations funded pursuant to this section.
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ORPHANS, DISPLACED AND ABANDONED CHILDREN
SEC. 699A. Of the funds appropriated under title III of this
Act, $3,000,000 should be made available for activities to improve
the capacity of foreign government agencies and nongovernmental
organizations to prevent child abandonment, address the needs
of orphans, displaced and abandoned children and provide permanent homes through family reunification, guardianship and
domestic adoptions: Provided, That funds made available under
title III of this Act should be made available, as appropriate, consistent with—
(1) the goal of enabling children to remain in the care
of their family of origin, but when not possible, placing children
in permanent homes through adoption;
(2) the principle that such placements should be based
on informed consent which has not been induced by payment
or compensation;
(3) the view that long-term foster care or institutionalization are not permanent options and should be used when no
other suitable permanent options are available; and
(4) the recognition that programs that protect and support
families can reduce the abandonment and exploitation of children.
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PUBLIC LAW 110–161—DEC. 26, 2007
121 STAT. 2369
ADVISOR FOR ACTIVITIES RELATING TO INDIGENOUS PEOPLES
INTERNATIONALLY
SEC. 699B. (a) ADVISOR.—After consultation with the Committees on Appropriations and not later than 90 days after the enactment of this Act, there shall be established within the Department
of State in the immediate office of the Director of United States
Foreign Assistance an Advisor for Activities Relating to Indigenous
Peoples Internationally (hereinafter in this section referred to as
the ‘‘Advisor’’), who shall be appointed by the Director. The Advisor
shall report directly to the Director.
(b) RESPONSIBILITIES.—The Advisor shall:
(1) Advise the Director of United States Foreign Assistance
and the Administrator of the United States Agency for International Development on matters relating to the rights and
needs of indigenous peoples internationally and should represent the United States Government on such matters in
meetings with foreign governments and multilateral institutions.
(2) Provide for the oversight and coordination of all
resources, programs, projects, and activities of the United
States Government to protect the rights and address the needs
of indigenous peoples internationally.
(3) Develop and coordinate assistance strategies with specific goals, guidelines, benchmarks, and impact assessments
(including support for local indigenous peoples’ organizations).
(c) FUNDS.—Of the funds appropriated by this Act under the
heading ‘‘Diplomatic and Consular Programs’’, not less than
$250,000 shall be made available for implementing the provisions
of this section.
(d) REPORT.—Not later than one year after the enactment of
this Act, the Secretary shall submit a report to the Committees
on Appropriations describing progress made in implementing this
section.
Deadline.
Establishment.
22 USC 2651a
note.
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CHILD SOLDIERS
SEC. 699C. (a) None of the funds appropriated or otherwise
made available for foreign military financing, foreign military sales,
direct commercial sales, or excess Defense articles by this Act
or any other Act making appropriations for foreign operations,
export financing, and related programs may be obligated or otherwise made available to the government of a country that is identified
by the Department of State in the Department of State’s most
recent Country Reports on Human Rights Practices as having
governmental armed forces or government supported armed groups,
including paramilitaries, militias, or civil defense forces, that recruit
or use child soldiers.
(b) The Secretary of State may provide assistance or defense
articles otherwise prohibited under subsection (a) to a country upon
certifying to the Committees on Appropriations that the government
of such country has implemented effective measures to demobilize
children from its forces or from government-supported armed groups
and prohibit and prevent the future recruitment or use of child
soldiers.
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121 STAT. 2370
Waiver authority.
Reports.
PUBLIC LAW 110–161—DEC. 26, 2007
(c) The Secretary of State may waive the application to a
country of the prohibition in subsection (a) if the Secretary determines and reports to the Committees on Appropriations that such
waiver is important to the national interest of the United States.
FUNDING FOR SERBIA
President.
Certification.
SEC. 699D. (a) Funds appropriated by this Act may be made
available for assistance for the central Government of Serbia after
May 31, 2008, if the President has made the determination and
certification contained in subsection (c).
(b) After May 31, 2008, the Secretary of the Treasury should
instruct the United States executive directors to the international
financial institutions to support loans and assistance to the Government of Serbia subject to the conditions in subsection (c).
(c) The determination and certification referred to in subsection
(a) is a determination by the President and a certification to the
Committees on Appropriations that the Government of Serbia is—
(1) cooperating with the International Criminal Tribunal
for the former Yugoslavia including access for investigators,
the provision of documents, timely information on the location,
movement, and sources of financial support of indictees, and
the surrender and transfer of indictees or assistance in their
apprehension, including Ratko Mladic and Radovan Karadzic;
(2) taking steps that are consistent with the Dayton Accords
to end Serbian financial, political, security and other support
which has served to maintain separate Republika Srpska
institutions; and
(3) taking steps to implement policies which reflect a
respect for minority rights and the rule of law.
(d) This section shall not apply to Kosovo, humanitarian assistance or assistance to promote democracy.
PHILIPPINES
Reports.
SEC. 699E. Of the funds appropriated by this Act under the
heading ‘‘Foreign Military Financing Program’’, not to exceed
$30,000,000 may be made available for assistance for the Philippines, of which $2,000,000 may only be made available after
the Secretary of State reports to the Committees on Appropriations
that—
(1) the Philippine Government is implementing the recommendations of the United Nations Special Rapporteur on
Extrajudicial, Summary or Arbitrary Executions;
(2) the Philippine Government is implementing a policy
of promoting military personnel who demonstrate professionalism and respect for human rights, and is investigating
and prosecuting military personnel and others who have been
credibly alleged to have committed extrajudicial executions or
other violations of human rights; and
(3) the Philippine military is not engaging in acts of intimidation or violence against members of legal organizations who
advocate for human rights.
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PAKISTAN
the
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SEC. 699F. (a) Of the funds appropriated by this Act under
heading ‘‘Foreign Military Financing Program’’, up to
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PUBLIC LAW 110–161—DEC. 26, 2007
121 STAT. 2371
$300,000,000 may be made available for assistance for Pakistan
as follows:
(b) Of the amount provided in subsection (a), $250,000,000
may be made available immediately for counter-terrorism and law
enforcement activities directed against Al Qaeda and the Taliban
and associated terrorist groups, and $50,000,000 may be made
available for such purposes after the Secretary of State reports
to the Committees on Appropriations that the Government of Pakistan—
(1) is making concerted efforts to prevent Al Qaeda and
associated terrorist groups from operating in the territory of
Pakistan, including by eliminating terrorist training camps or
facilities, arresting members of Al Qaeda and associated terrorist groups, and countering recruitment efforts;
(2) is making concerted efforts to prevent the Taliban from
using the territory of Pakistan as a sanctuary from which
to launch attacks within Afghanistan, including by arresting
Taliban leaders, stopping cross-border incursions, and countering recruitment efforts; and
(3) is implementing democratic reforms, including—
(A) restoring the Constitution of Pakistan and ensuring
freedoms of expression and assembly and other civil liberties guaranteed by the Constitution;
(B) releasing political detainees and allowing inclusive
democratic elections;
(C) ending harassment and detention of journalists,
human rights defenders and government critics by security
and intelligence forces; and
(D) restoring an independent judiciary and ending
interference in the judicial process.
(c) Of the funds appropriated by this Act under the heading
‘‘Economic Support Fund’’ for assistance for Pakistan, up to
$5,000,000 may be used for administrative expenses of the United
States Agency for International Development: Provided, That none
of the funds appropriated by this Act may be made available for
cash transfer assistance for Pakistan.
Reports.
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SRI LANKA
SEC. 699G. (a) None of the funds appropriated by this Act
under the heading ‘‘Foreign Military Financing Program’’ may be
made available for assistance for Sri Lanka, no defense export
license may be issued, and no military equipment or technology
shall be sold or transferred to Sri Lanka pursuant to the authorities
contained in this Act or any other Act, unless the Secretary of
State certifies to the Committee on Appropriations that—
(1) the Sri Lankan military is suspending and the Sri
Lankan Government is bringing to justice members of the
military who have been credibly alleged to have committed
gross violations of human rights or international humanitarian
law, including complicity in the recruitment of child soldiers;
(2) the Sri Lankan Government is providing access to
humanitarian organizations and journalists throughout the
country consistent with international humanitarian law; and
(3) the Sri Lankan Government has agreed to the establishment of a field presence of the Office of the United Nations
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Certification.
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PUBLIC LAW 110–161—DEC. 26, 2007
High Commissioner for Human Rights in Sri Lanka with sufficient staff and mandate to conduct full and unfettered monitoring throughout the country and to publicize its findings.
(b) Subsection (a) shall not apply to technology or equipment
made available for the limited purposes of maritime and air surveillance and communications.
MULTILATERAL DEVELOPMENT BANKS
22 USC 2395a
note.
114 Stat. 1900A–
64.
SEC. 699H. (a) WORLD BANK INSPECTION PANEL.—The Secretary
of the Treasury shall instruct the United States Executive Director
to the World Bank to inform the Bank of, and use the voice and
vote of the United States to achieve transparency reforms of the
selection process for members of the World Bank Inspection Panel,
including—
(1) posting Inspection Panel position vacancy announcements on the Inspection Panel’s website and in publications
that have wide circulation in member countries;
(2) making public official procedures for the selection of
Inspection Panel vacancies; and
(3) posting on the Inspection Panel’s website the names
of the members of the selection committee and the name or
names of the individuals proposed by the selection committee
to the President of the World Bank.
(b) AUTHORIZATIONS.—
(1) Section 501(i) of title V of H.R. 3425 as enacted into
law by section 1000(a)(5) of Public Law 106–113, as amended
by section 591(b) of division D of Public Law 108–447, is further
amended by striking ‘‘fiscal’’ and all that follows through
‘‘which’’ and inserting in lieu thereof ‘‘fiscal years 2000–2010,
which’’.
(2) Section 801(b)(1)(ii) of Public Law 106–429, as amended
by section 591(a)(2) of division D of Public Law 108–447, is
further amended by striking ‘‘fiscal years 2004–2006’’ and by
inserting in lieu thereof ‘‘fiscal years 2004–2010’’.
MILLENNIUM CHALLENGE CORPORATION
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Deadline.
Reports.
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SEC. 699I. (a) Section 607(b) of the Millennium Challenge Act
of 2003 (22 U.S.C. 7706) is amended—
(1) in paragraph (2)(B) by striking ‘‘and the sustainable
management of natural resources’’; and
(2) in paragraph (3)—
(A) in subparagraph (A), by striking ‘‘and’’;
(B) in subparagraph (B), by striking the period and
inserting ‘‘; and’’; and
(C) by adding the following subparagraph:
‘‘(C) promote the protection of biodiversity and the
transparent and sustainable management and use of natural resources.’’.
(b)(1) The Chief Executive Officer of the Millennium Challenge
Corporation shall, not later than 30 days following enactment of
this Act, submit to the Committees on Appropriations a report
on the proposed uses, on a country-by-country basis, of all funds
appropriated under the heading ‘‘Millennium Challenge Corporation’’ in this Act or prior Acts making appropriations for foreign
operations, export financing, and related programs projected to
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PUBLIC LAW 110–161—DEC. 26, 2007
121 STAT. 2373
be obligated and expended in fiscal year 2008 and subsequent
fiscal years.
(2) The report required in paragraph (1) shall include, at a
minimum, a description of—
(A) compacts in development, including the status of negotiations and the approximate range of value of the proposed
compact;
(B) compacts in implementation, including the projected
expenditure and disbursement of compact funds during fiscal
year 2008 and subsequent fiscal years as determined by the
country compact;
(C) threshold country programs in development, including
the approximate range of value of the threshold country agreement;
(D) threshold country programs in implementation;
(E) use of administrative funds.
(3) The Chief Executive Officer of the Millennium Challenge
Corporation shall notify the Committees on Appropriations not later
than 15 days prior to signing any new country compact or new
threshold country program; terminating or suspending any country
compact or threshold country program; or commencing negotiations
for any new compact or threshold country program.
(4) The report required in paragraph (1) shall be updated
on a quarterly basis.
Notification.
Deadline.
Reports.
Deadline.
CARRY FORWARD OF UNUSED SPECIAL IMMIGRANT VISAS
SEC. 699J. Section 1059(c) of the National Defense Authorization Act for Fiscal Year 2006 (8 U.S.C. 1101 note) is amended
by adding at the end the following:
‘‘(3) CARRY FORWARD.—If the numerical limitation described
in paragraph (1) is not reached during a given fiscal year,
the numerical limitation for the following fiscal year shall be
increased by a number equal to the difference between the
number of visas authorized for the given fiscal year and the
number of aliens provided special immigrant status during
the given fiscal year.’’.
IRAQ
SEC. 699K. (a) None of the funds appropriated or otherwise
made available by this Act may be made available for assistance
for Iraq.
(b) Subsection (a) shall not apply to funds appropriated by
this Act under the heading ‘‘Economic Support Fund’’ that are
made available to rescue Iraqi scholars and for the fund established
by section 2108 of Public Law 109–13, to funds made available
under the heading ‘‘Nonproliferation, Anti-Terrorism, Demining and
Related Programs’’ for the removal and disposal of land mines
and other unexploded ordnance, small arms and light weapons
in Iraq, or for assistance for refugees and internally displaced
persons.
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ANTI-KLEPTOCRACY
SEC. 699L. (a) In furtherance of the National Strategy to Internationalize Efforts Against Kleptocracy and Presidential Proclamation 7750, the Secretary of State shall compile and maintain a
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Records.
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Waiver authority.
Deadline.
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PUBLIC LAW 110–161—DEC. 26, 2007
list of officials of foreign governments and their immediate family
members who the Secretary determines there is credible evidence
to believe have been involved in corruption relating to the extraction
of natural resources in their countries.
(b) Any individual on the list submitted under subsection (a)
shall be ineligible for admission to the United States.
(c) The Secretary may waive the application of subsection (a)
if the Secretary determines that admission to the United States
is necessary to attend the United Nations or to further United
States law enforcement objectives, or that the circumstances which
caused the individual to be included on the list have changed
sufficiently to justify the removal of the individual from the list.
(d) Not later than 90 days after enactment of this Act and
180 days thereafter, the Secretary of State shall submit a report,
in classified form if necessary, to the Committees on Appropriations
describing the evidence considered in determining involvement
pursuant to subsection (a).
COMPREHENSIVE NUCLEAR THREAT REDUCTION AND SECURITY PLAN
Deadline.
President.
SEC. 699M. (a) Not later than 180 days after the date of
the enactment of this Act, the President shall submit to Congress
a comprehensive nuclear threat reduction and security plan, in
classified and unclassified forms—
(1) for ensuring that all nuclear weapons and weaponsusable material at vulnerable sites are secure by 2012 against
the threats that terrorists have shown they can pose; and
(2) for working with other countries to ensure adequate
accounting and security for such materials on an ongoing basis
thereafter.
(b) For each element of the accounting and security effort
described under subsection (a)(2), the plan shall—
(1) clearly designate agency and departmental responsibility and accountability;
(2) specify program goals, with metrics for measuring
progress, estimated schedules, and specified milestones to be
achieved;
(3) provide estimates of the program budget requirements
and resources to meet the goals for each year; and
(4) provide the strategy for diplomacy and related tools
and authority to accomplish the program element;
(5) provide a strategy for expanding the financial support
and other assistance provided by other countries, particularly
Russia, the European Union and its member states, China,
and Japan, for the purposes of securing nuclear weapons and
weapons-usable material worldwide; and
(6) outline the progress in and impediments to securing
agreement from all countries that possess nuclear weapons
or weapons-usable material on a set of global nuclear security
standards, consistent with their obligation to comply with
United Nations Security Council Resolution 1540.
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PROHIBITION ON PROMOTION OF TOBACCO
SEC. 699N. None of the funds provided by this Act shall be
available to promote the sale or export of tobacco or tobacco products, or to seek the reduction or removal by any foreign country
of restrictions on the marketing of tobacco or tobacco products,
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PUBLIC LAW 110–161—DEC. 26, 2007
121 STAT. 2375
except for restrictions which are not applied equally to all tobacco
or tobacco products of the same type.
UNOBLIGATED FUNDS RESCISSIONS
SEC. 699O. (a) Of the funds appropriated under the heading
‘‘Subsidy Appropriation’’ for the Export-Import Bank of the United
States that are available for tied-aid grants in title I of Public
Law 107–115 and under such heading in prior Acts making appropriations for foreign operations, export financing, and related programs, $25,000,000 are rescinded.
(b) Of the funds appropriated under the heading ‘‘Economic
Support Fund’’ in prior Acts making appropriations for foreign
operations, export financing, and related programs, $133,000,000
are rescinded.
ACROSS-THE-BOARD RESCISSION
SEC. 699P. (a) BILL-WIDE RESCISSIONS.—There is hereby
rescinded an amount equal to .81 percent of the budget authority
provided for fiscal year 2008 for any discretionary account in this
Act.
(b) PROPORTIONATE APPLICATION.—Any rescission made by subsection (a) shall be applied proportionately—
(1) to each discretionary account and each item of budget
authority described in subsection (a); and
(2) within each such account and item, to each program,
project, and activity (with programs, projects, and activities
as delineated in the appropriation Act or accompanying
explanatory statements for the relevant fiscal year covering
such account or item, or for accounts and items not included
in appropriation Acts, as delineated in the most recently submitted President’s budget).
(c) OMB REPORT.—Within 30 days after the date of the enactment of this section, the Director of the Office of Management
and Budget shall submit to the Committees on Appropriations
a report specifying the account and amount of each rescission made
pursuant to this section.
(d) EXCEPTION.—The rescission in subsection (a) shall not apply
to funds provided in this Act designated as described in section
5 (in the matter preceding division A of this consolidated Act).
This division may be cited as the ‘‘Department of State, Foreign
Operations, and Related Programs Appropriations Act, 2008’’.
DIVISION K—TRANSPORTATION, HOUSING AND URBAN DEVELOPMENT, AND RELATED AGENCIES APPROPRIATIONS
ACT, 2008
TITLE I
DEPARTMENT OF TRANSPORTATION
OFFICE
OF THE
SECRETARY
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SALARIES AND EXPENSES
Transportation,
Housing and
Urban
Development,
and Related
Agencies
Appropriations
Act, 2008.
Department of
Transportation
Appropriations
Act, 2008.
For necessary expenses of the Office of the Secretary,
$91,782,000, of which not to exceed $2,310,000 shall be available
for the immediate Office of the Secretary; not to exceed $730,000
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121 STAT. 2376
Notification.
PUBLIC LAW 110–161—DEC. 26, 2007
shall be available for the immediate Office of the Deputy Secretary;
not to exceed $18,720,000 shall be available for the Office of the
General Counsel; not to exceed $9,874,000 shall be available for
the Office of the Under Secretary of Transportation for Policy;
not to exceed $9,417,000 shall be available for the Office of the
Assistant Secretary for Budget and Programs; not to exceed
$2,383,000 shall be available for the Office of the Assistant Secretary for Governmental Affairs; not to exceed $23,750,000 shall
be available for the Office of the Assistant Secretary for Administration; not to exceed $1,986,000 shall be available for the Office
of Public Affairs; not to exceed $1,516,000 shall be available for
the Office of the Executive Secretariat; not to exceed $1,335,000
shall be available for the Office of Small and Disadvantaged Business Utilization; not to exceed $7,874,000 for the Office of Intelligence, Security, and Emergency Response; and not to exceed
$11,887,000 shall be available for the Office of the Chief Information
Officer: Provided, That the Secretary of Transportation is authorized
to transfer funds appropriated for any office of the Office of the
Secretary to any other office of the Office of the Secretary: Provided
further, That no appropriation for any office shall be increased
or decreased by more than 5 percent by all such transfers: Provided
further, That notice of any change in funding greater than 5 percent
shall be submitted for approval to the House and Senate Committees on Appropriations: Provided further, That not to exceed $60,000
shall be for allocation within the Department for official reception
and representation expenses as the Secretary may determine: Provided further, That notwithstanding any other provision of law,
excluding fees authorized in Public Law 107–71, there may be
credited to this appropriation up to $2,500,000 in funds received
in user fees: Provided further, That none of the funds provided
in this Act shall be available for the position of Assistant Secretary
for Public Affairs.
OFFICE OF CIVIL RIGHTS
For necessary expenses of the Office of Civil Rights, $9,140,900.
TRANSPORTATION PLANNING, RESEARCH, AND DEVELOPMENT
For necessary expenses for conducting transportation planning,
research, systems development, development activities, and making
grants, to remain available until expended, $13,883,900.
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WORKING CAPITAL FUND
Necessary expenses for operating costs and capital outlays of
the Working Capital Fund, not to exceed $128,094,000, shall be
paid from appropriations made available to the Department of
Transportation: Provided, That such services shall be provided on
a competitive basis to entities within the Department of Transportation: Provided further, That the above limitation on operating
expenses shall not apply to non-DOT entities: Provided further,
That no funds appropriated in this Act to an agency of the Department shall be transferred to the Working Capital Fund without
the approval of the agency modal administrator: Provided further,
That no assessments may be levied against any program, budget
activity, subactivity or project funded by this Act unless notice
of such assessments and the basis therefor are presented to the
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PUBLIC LAW 110–161—DEC. 26, 2007
121 STAT. 2377
House and Senate Committees on Appropriations and are approved
by such Committees.
MINORITY BUSINESS RESOURCE CENTER PROGRAM
For the cost of guaranteed loans, $370,000, as authorized by
49 U.S.C. 332: Provided, That such costs, including the cost of
modifying such loans, shall be as defined in section 502 of the
Congressional Budget Act of 1974: Provided further, That these
funds are available to subsidize total loan principal, any part of
which is to be guaranteed, not to exceed $18,367,000. In addition,
for administrative expenses to carry out the guaranteed loan program, $523,000.
MINORITY BUSINESS OUTREACH
For necessary expenses of Minority Business Resource Center
outreach activities, $2,970,000, to remain available until September
30, 2009: Provided, That notwithstanding 49 U.S.C. 332, these
funds may be used for business opportunities related to any mode
of transportation.
PAYMENTS TO AIR CARRIERS
(AIRPORT
AND AIRWAY TRUST FUND)
(INCLUDING
TRANSFER OF FUNDS)
In addition to funds made available from any other source
to carry out the essential air service program under 49 U.S.C.
41731 through 41742, $60,000,000, to be derived from the Airport
and Airway Trust Fund, to remain available until expended: Provided, That, in determining between or among carriers competing
to provide service to a community, the Secretary may consider
the relative subsidy requirements of the carriers: Provided further,
That, if the funds under this heading are insufficient to meet
the costs of the essential air service program in the current fiscal
year, the Secretary shall transfer such sums as may be necessary
to carry out the essential air service program from any available
amounts appropriated to or directly administered by the Office
of the Secretary for such fiscal year.
COMPENSATION FOR AIR CARRIERS
(RESCISSION)
Of the remaining unobligated balances under section 101(a)(2)
of Public Law 107–42, $22,000,000 are rescinded.
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ADMINISTRATIVE PROVISIONS—OFFICE OF THE SECRETARY OF
TRANSPORTATION
SEC. 101. The Secretary of Transportation is authorized to
transfer the unexpended balances available for the bonding assistance program from ‘‘Office of the Secretary, Salaries and expenses’’
to ‘‘Minority Business Outreach’’.
SEC. 102. None of the funds made available in this Act to
the Department of Transportation may be obligated for the Office
of the Secretary of Transportation to approve assessments or
reimbursable agreements pertaining to funds appropriated to the
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PUBLIC LAW 110–161—DEC. 26, 2007
modal administrations in this Act, except for activities underway
on the date of enactment of this Act, unless such assessments
or agreements have completed the normal reprogramming process
for Congressional notification.
SEC. 103. None of the funds made available under this Act
may be obligated or expended to establish or implement a program
under which essential air service communities are required to
assume subsidy costs commonly referred to as the EAS local participation program.
FEDERAL AVIATION ADMINISTRATION
OPERATIONS
(AIRPORT
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49 USC 44506
note.
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AND AIRWAY TRUST FUND)
For necessary expenses of the Federal Aviation Administration,
not otherwise provided for, including operations and research activities related to commercial space transportation, administrative
expenses for research and development, establishment of air navigation facilities, the operation (including leasing) and maintenance
of aircraft, subsidizing the cost of aeronautical charts and maps
sold to the public, lease or purchase of passenger motor vehicles
for replacement only, in addition to amounts made available by
Public Law 108–176, $8,740,000,000, of which $6,397,060,900 shall
be derived from the Airport and Airway Trust Fund, of which
not to exceed $6,969,638,000 shall be available for air traffic
organization activities; not to exceed $1,082,602,000 shall be available for aviation safety activities; not to exceed $12,549,000 shall
be available for commercial space transportation activities; not to
exceed $100,593,000 shall be available for financial services activities; not to exceed $91,214,000 shall be available for human
resources program activities; not to exceed $286,848,000 shall be
available for region and center operations and regional coordination
activities; not to exceed $162,351,000 shall be available for staff
offices; and not to exceed $38,650,000 shall be available for information services: Provided, That not to exceed 2 percent of any budget
activity, except for aviation safety budget activity, may be transferred to any budget activity under this heading: Provided further,
That no transfer may increase or decrease any appropriation by
more than 2 percent: Provided further, That any transfer in excess
of 2 percent shall be treated as a reprogramming of funds under
section 405 of this Act and shall not be available for obligation
or expenditure except in compliance with the procedures set forth
in that section: Provided further, That the Secretary utilize not
less than $6,000,000 of the funds provided for aviation safety activities to pay for staff increases in the Office of Aviation Flight
Standards and the Office of Aircraft Certification: Provided further,
That not later than March 31 of each fiscal year hereafter, the
Administrator of the Federal Aviation Administration shall transmit
to Congress an annual update to the report submitted to Congress
in December 2004 pursuant to section 221 of Public Law 108–
176: Provided further, That the amount herein appropriated shall
be reduced by $100,000 for each day after March 31 that such
report has not been submitted to the Congress: Provided further,
That funds may be used to enter into a grant agreement with
a nonprofit standard-setting organization to assist in the development of aviation safety standards: Provided further, That none
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PUBLIC LAW 110–161—DEC. 26, 2007
121 STAT. 2379
of the funds in this Act shall be available for new applicants
for the second career training program: Provided further, That
none of the funds in this Act shall be available for the Federal
Aviation Administration to finalize or implement any regulation
that would promulgate new aviation user fees not specifically
authorized by law after the date of the enactment of this Act:
Provided further, That there may be credited to this appropriation
funds received from States, counties, municipalities, foreign authorities, other public authorities, and private sources, for expenses
incurred in the provision of agency services, including receipts
for the maintenance and operation of air navigation facilities, and
for issuance, renewal or modification of certificates, including airman, aircraft, and repair station certificates, or for tests related
thereto, or for processing major repair or alteration forms: Provided
further, That of the funds appropriated under this heading, not
less than $8,500,000 shall be for the contract tower cost-sharing
program: Provided further, That none of the funds in this Act
shall be available for paying premium pay under 5 U.S.C. 5546(a)
to any Federal Aviation Administration employee unless such
employee actually performed work during the time corresponding
to such premium pay: Provided further, That none of the funds
in this Act for aeronautical charting and cartography are available
for activities conducted by, or coordinated through, the Working
Capital Fund: Provided further, That none of the funds in this
Act may be obligated or expended for an employee of the Federal
Aviation Administration to purchase a store gift card or gift certificate through use of a Government-issued credit card.
FACILITIES AND EQUIPMENT
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(AIRPORT
AND AIRWAY TRUST FUND)
For necessary expenses, not otherwise provided for, for acquisition, establishment, technical support services, improvement by
contract or purchase, and hire of air navigation and experimental
facilities and equipment, as authorized under part A of subtitle
VII of title 49, United States Code, including initial acquisition
of necessary sites by lease or grant; engineering and service testing,
including construction of test facilities and acquisition of necessary
sites by lease or grant; construction and furnishing of quarters
and related accommodations for officers and employees of the Federal Aviation Administration stationed at remote localities where
such accommodations are not available; and the purchase, lease,
or transfer of aircraft from funds available under this heading,
including aircraft for aviation regulation and certification; to be
derived from the Airport and Airway Trust Fund, $2,513,611,000,
of which $2,053,638,000 shall remain available until September
30, 2010, and of which $459,973,000 shall remain available until
September 30, 2008: Provided, That there may be credited to this
appropriation funds received from States, counties, municipalities,
other public authorities, and private sources, for expenses incurred
in the establishment and modernization of air navigation facilities:
Provided further, That upon initial submission to the Congress
of the fiscal year 2009 President’s budget, the Secretary of Transportation shall transmit to the Congress a comprehensive capital
investment plan for the Federal Aviation Administration which
includes funding for each budget line item for fiscal years 2009
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121 STAT. 2380
PUBLIC LAW 110–161—DEC. 26, 2007
through 2013, with total funding for each year of the plan constrained to the funding targets for those years as estimated and
approved by the Office of Management and Budget.
RESEARCH, ENGINEERING, AND DEVELOPMENT
(AIRPORT
AND AIRWAY TRUST FUND)
For necessary expenses, not otherwise provided for, for
research, engineering, and development, as authorized under part
A of subtitle VII of title 49, United States Code, including construction of experimental facilities and acquisition of necessary sites
by lease or grant, $146,828,100, to be derived from the Airport
and Airway Trust Fund and to remain available until September
30, 2010: Provided, That there may be credited to this appropriation
as offsetting collections, funds received from States, counties,
municipalities, other public authorities, and private sources, which
shall be available for expenses incurred for research, engineering,
and development.
GRANTS-IN-AID FOR AIRPORTS
(LIQUIDATION
OF CONTRACT AUTHORIZATION)
(LIMITATION
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(AIRPORT
ON OBLIGATIONS)
AND AIRWAY TRUST FUND)
For liquidation of obligations incurred for grants-in-aid for airport planning and development, and noise compatibility planning
and programs as authorized under subchapter I of chapter 471
and subchapter I of chapter 475 of title 49, United States Code,
and under other law authorizing such obligations; for procurement,
installation, and commissioning of runway incursion prevention
devices and systems at airports of such title; for grants authorized
under section 41743 of title 49, United States Code; and for inspection activities and administration of airport safety programs,
including those related to airport operating certificates under section 44706 of title 49, United States Code, $4,399,000,000 to be
derived from the Airport and Airway Trust Fund and to remain
available until expended: Provided, That none of the funds under
this heading shall be available for the planning or execution of
programs the obligations for which are in excess of $3,514,500,000
in fiscal year 2008, notwithstanding section 47117(g) of title 49,
United States Code: Provided further, That none of the funds under
this heading shall be available for the replacement of baggage
conveyor systems, reconfiguration of terminal baggage areas, or
other airport improvements that are necessary to install bulk explosive detection systems: Provided further, That notwithstanding any
other provision of law, of funds limited under this heading, not
more than $80,676,000 shall be obligated for administration, not
less than $10,000,000 shall be available for the airport cooperative
research program, not less than $18,712,000 shall be for Airport
Technology Research and $10,000,000, to remain available until
expended, shall be available and transferred to ‘‘Office of the Secretary, Salaries and Expenses’’ to carry out the Small Community
Air Service Development Program.
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PUBLIC LAW 110–161—DEC. 26, 2007
121 STAT. 2381
(RESCISSION)
Of the amounts authorized under sections 48103 and 48112
of title 49, United States Code, $185,500,000 is rescinded from
amounts authorized for the fiscal year ending September 30, 2007,
and prior years; and $85,000,000 is rescinded from amounts authorized for the fiscal year ending September 30, 2008.
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ADMINISTRATIVE PROVISIONS—FEDERAL AVIATION ADMINISTRATION
SEC. 110. None of the funds in this Act may be used to compensate in excess of 425 technical staff-years under the federally
funded research and development center contract between the Federal Aviation Administration and the Center for Advanced Aviation
Systems Development during fiscal year 2008.
SEC. 111. None of the funds in this Act shall be used to
pursue or adopt guidelines or regulations requiring airport sponsors
to provide to the Federal Aviation Administration without cost
building construction, maintenance, utilities and expenses, or space
in airport sponsor-owned buildings for services relating to air traffic
control, air navigation, or weather reporting: Provided, That the
prohibition of funds in this section does not apply to negotiations
between the agency and airport sponsors to achieve agreement
on ‘‘below-market’’ rates for these items or to grant assurances
that require airport sponsors to provide land without cost to the
FAA for air traffic control facilities.
SEC. 112. The Administrator of the Federal Aviation Administration may reimburse amounts made available to satisfy 49 U.S.C.
41742(a)(1) from fees credited under 49 U.S.C. 45303: Provided,
That during fiscal year 2008, 49 U.S.C. 41742(b) shall not apply,
and any amount remaining in such account at the close of that
fiscal year may be made available to satisfy section 41742(a)(1)
for the subsequent fiscal year.
SEC. 113. Amounts collected under section 40113(e) of title
49, United States Code, shall be credited to the appropriation
current at the time of collection, to be merged with and available
for the same purposes of such appropriation.
SEC. 114. (a) Section 44302(f)(1) of title 49, United States
Code, is amended by striking ‘‘2006,’’ each place it appears and
inserting ‘‘2008,’’.
(b) Section 44303(b) of such title is amended by striking ‘‘2006,’’
and inserting ‘‘2008,’’.
SEC. 115. None of the funds appropriated or limited by this
Act may be used to change weight restrictions or prior permission
rules at Teterboro airport in Teterboro, New Jersey.
SEC. 116. EXTENSION OF TAXES AND EXPENDITURE AUTHORITY
RELATING TO AIRPORT AND AIRWAY TRUST FUND. (a) FUEL TAXES.—
Subparagraph (B) of section 4081(d)(2) of the Internal Revenue
Code of 1986 is amended by striking ‘‘September 30, 2007’’ and
inserting ‘‘February 29, 2008’’.
(b) TICKET TAXES.—
(1) PERSONS.—Clause (ii) of section 4261(j)(1)(A) of such
Code is amended by striking ‘‘September 30, 2007’’ and
inserting ‘‘February 29, 2008’’.
(2) PROPERTY.—Clause (ii) of section 4271(d)(1)(A) of such
Code is amended by striking ‘‘September 30, 2007’’ and
inserting ‘‘February 29, 2008’’.
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26 USC 4081.
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121 STAT. 2382
26 USC 9502.
26 USC 4081
note.
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Applicability.
49 USC 42112
note.
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PUBLIC LAW 110–161—DEC. 26, 2007
(c) AIRPORT AND AIRWAY TRUST FUND EXPENDITURE
AUTHORITY.—
(1) IN GENERAL.—Paragraph (1) of section 9502(d) of such
Code is amended—
(A) by striking ‘‘October 1, 2007’’ and inserting ‘‘March
1, 2008’’, and
(B) by inserting ‘‘or the Department of Transportation
Appropriations Act, 2008’’ in subparagraph (A) before the
semicolon at the end.
(2) CONFORMING AMENDMENT.—Paragraph (2) of section
9502(f) of such Code is amended by striking ‘‘October 1, 2007’’
and inserting ‘‘March 1, 2008’’.
(d) EFFECTIVE DATE.—The amendments made by this section
shall take effect on October 1, 2007.
SEC. 117. LABOR INTEGRATION. (a) LABOR INTEGRATION.—With
respect to any covered transaction involving two or more covered
air carriers that results in the combination of crafts or classes
that are subject to the Railway Labor Act (45 U.S.C. 151 et seq.),
sections 3 and 13 of the labor protective provisions imposed by
the Civil Aeronautics Board in the Allegheny-Mohawk merger (as
published at 59 C.A.B. 45) shall apply to the integration of covered
employees of the covered air carriers; except that—
(1) if the same collective bargaining agent represents the
combining crafts or classes at each of the covered air carriers,
that collective bargaining agent’s internal policies regarding
integration, if any, will not be affected by and will supersede
the requirements of this section; and
(2) the requirements of any collective bargaining agreement
that may be applicable to the terms of integration involving
covered employees of a covered air carrier shall not be affected
by the requirements of this section as to the employees covered
by that agreement, so long as those provisions allow for the
protections afforded by sections 3 and 13 of the AlleghenyMohawk provisions.
(b) DEFINITIONS.—In this section, the following definitions
apply:
(1) AIR CARRIER.—The term ‘‘air carrier’’ means an air
carrier that holds a certificate issued under chapter 411 of
title 49, United States Code.
(2) COVERED AIR CARRIER.—The term ‘‘covered air carrier’’
means an air carrier that is involved in a covered transaction.
(3) COVERED EMPLOYEE.—The term ‘‘covered employee’’
means an employee who—
(A) is not a temporary employee; and
(B) is a member of a craft or class that is subject
to the Railway Labor Act (45 U.S.C. 151 et seq.).
(4) COVERED TRANSACTION.—The term ‘‘covered transaction’’ means—
(A) a transaction for the combination of multiple air
carriers into a single air carrier; and which
(B) involves the transfer of ownership or control of—
(i) 50 percent or more of the equity securities (as
defined in section 101 of title 11, United States Code)
of an air carrier; or
(ii) 50 percent or more (by value) of the assets
of the air carrier.
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PUBLIC LAW 110–161—DEC. 26, 2007
121 STAT. 2383
(c) APPLICATION.—This section shall not apply to any covered
transaction involving a covered air carrier that took place before
the date of enactment of this Act.
(d) EFFECTIVENESS OF PROVISION.—This section shall become
effective on the date of enactment of this Act and shall continue
in effect in fiscal years after fiscal year 2008.
FEDERAL HIGHWAY ADMINISTRATION
LIMITATION ON ADMINISTRATIVE EXPENSES
Not to exceed $377,556,000, together with advances and
reimbursements received by the Federal Highway Administration,
shall be paid in accordance with law from appropriations made
available by this Act to the Federal Highway Administration for
necessary expenses for administration and operation.
FEDERAL-AID HIGHWAYS
(LIMITATION
ON OBLIGATIONS)
(HIGHWAY
(INCLUDING
TRUST FUND)
TRANSFER OF FUNDS)
None of the funds in this Act shall be available for the
implementation or execution of programs, the obligations for which
are in excess of $40,216,051,359 for Federal-aid highways and highway safety construction programs for fiscal year 2008: Provided,
That within the $40,216,051,359 obligation limitation on Federalaid highways and highway safety construction programs, not more
than $429,800,000 shall be available for the implementation or
execution of programs for transportation research (chapter 5 of
title 23, United States Code; sections 111, 5505, and 5506 of title
49, United States Code; and title 5 of Public Law 109–59) for
fiscal year 2008: Provided further, That this limitation on transportation research programs shall not apply to any authority previously
made available for obligation: Provided further, That the Secretary
may, as authorized by section 605(b) of title 23, United States
Code, collect and spend fees to cover the costs of services of expert
firms, including counsel, in the field of municipal and project finance
to assist in the underwriting and servicing of Federal credit
instruments and all or a portion of the costs to the Federal Government of servicing such credit instruments: Provided further, That
such fees are available until expended to pay for such costs: Provided further, That such amounts are in addition to administrative
expenses that are also available for such purpose, and are not
subject to any obligation limitation or the limitation on administrative expenses under section 608 of title 23, United States Code.
(ADDITIONAL
OBLIGATION LIMITATION)
(HIGHWAY
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23 USC 104 note.
TRUST FUND)
For an additional amount of obligation limitation to be distributed for the purpose of section 144(e) of title 23, United States
Code, $1,000,000,000: Provided, That such obligation limitation
shall be used only for a purpose eligible for obligation with funds
apportioned under such section and shall be distributed in accordance with the formula in such section: Provided further, That such
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121 STAT. 2384
PUBLIC LAW 110–161—DEC. 26, 2007
obligation limitation shall remain available for a period of three
fiscal years and shall be in addition to the amount of any limitation
imposed on obligations for Federal-aid highway and highway safety
construction programs for future fiscal years: Provided further, That
in distributing obligation authority under this paragraph, the Secretary shall ensure that such obligation limitation shall supplement
and not supplant each State’s planned obligations for such purposes.
(LIQUIDATION
OF CONTRACT AUTHORIZATION)
(HIGHWAY
TRUST FUND)
For carrying out the provisions of title 23, United States Code,
that are attributable to Federal-aid highways, not otherwise provided, including reimbursement for sums expended pursuant to
the provisions of 23 U.S.C. 308, $41,955,051,359 or so much thereof
as may be available in and derived from the Highway Trust Fund
(other than the Mass Transit Account), to remain available until
expended.
(RESCISSION)
(HIGHWAY
TRUST FUND)
Of the unobligated balances of funds apportioned to each State
under chapter 1 of title 23, United States Code, $3,150,000,000
are rescinded: Provided, That such rescission shall not apply to
the funds distributed in accordance with sections 130(f) and
104(b)(5) of title 23, United States Code; sections 133(d)(1) and
163 of such title, as in effect on the day before the date of enactment
of Public Law 109–59; and the first sentence of section 133(d)(3)(A)
of such title.
I–35W BRIDGE REPAIR AND RECONSTRUCTION
For necessary expenses to carry out the project for repair and
reconstruction of the Interstate 35W bridge located in Minneapolis,
Minnesota, that collapsed on August 1, 2007, as authorized under
section 1(c) of Public Law 110–56, up to $195,000,000, as documented by the Minnesota Department of Transportation to remain
available until expended: Provided, That the amount provided under
this heading is designated as described in section 5 (in the matter
preceding division A of this consolidated Act): Provided further,
That the Federal share of the costs of any project funded using
amounts made available under this section shall be 100 percent
in accordance with section 1(b) of Public Law 110–56.
APPALACHIAN DEVELOPMENT HIGHWAY SYSTEM
For necessary expenses for West Virginia corridor H of the
Appalachian Development Highway System as authorized under
section 1069(y) of Public Law 102–240, as amended, $15,680,000,
to remain available until expended.
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DELTA REGIONAL TRANSPORTATION DEVELOPMENT PROGRAM
For necessary expenses for the Delta Regional Transportation
Development Program as authorized under section 1308 of Public
Law 109–59, $14,014,000, to remain available until expended.
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PUBLIC LAW 110–161—DEC. 26, 2007
121 STAT. 2385
ADMINISTRATIVE PROVISIONS—FEDERAL HIGHWAY ADMINISTRATION
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(INCLUDING
RESCISSIONS)
SEC. 120. (a) For fiscal year 2008, the Secretary of Transportation shall—
(1) not distribute from the obligation limitation for Federalaid highways amounts authorized for administrative expenses
and programs by section 104(a) of title 23, United States Code;
programs funded from the administrative takedown authorized
by section 104(a)(1) of title 23, United States Code (as in
effect on the date before the date of enactment of the Safe,
Accountable, Flexible, Efficient Transportation Equity Act: A
Legacy for Users); the highway use tax evasion program; the
programs, projects and activities funded by the set aside authorized by section 129 of this Act; the Bureau of Transportation
Statistics; and additional obligation limitation provided in this
Act for the purpose of section 144(e) of title 23, United States
Code;
(2) not distribute an amount from the obligation limitation
for Federal-aid highways that is equal to the unobligated balance of amounts made available from the Highway Trust Fund
(other than the Mass Transit Account) for Federal-aid highways
and highway safety programs for previous fiscal years the funds
for which are allocated by the Secretary;
(3) determine the ratio that—
(A) the obligation limitation for Federal-aid highways,
less the aggregate of amounts not distributed under paragraphs (1) and (2), bears to
(B) the total of the sums authorized to be appropriated
for Federal-aid highways and highway safety construction
programs (other than sums authorized to be appropriated
for provisions of law described in paragraphs (1) through
(9) of subsection (b) and sums authorized to be appropriated
for section 105 of title 23, United States Code, equal to
the amount referred to in subsection (b)(10) for such fiscal
year), less the aggregate of the amounts not distributed
under paragraphs (1) and (2) of this subsection;
(4)(A) distribute the obligation limitation for Federal-aid
highways, less the aggregate amounts not distributed under
paragraphs (1) and (2), for sections 1301, 1302, and 1934 of
the Safe, Accountable, Flexible, Efficient Transportation Equity
Act: A Legacy for Users; sections 117 (but individually for
each project numbered 1 through 3676 listed in the table contained in section 1702 of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users) and 144(g)
of title 23, United States Code; and section 14501 of title
40, United States Code, so that the amount of obligation
authority available for each of such sections is equal to the
amount determined by multiplying the ratio determined under
paragraph (3) by the sums authorized to be appropriated for
that section for the fiscal year; and
(B) distribute $2,000,000,000 for section 105 of title 23,
United States Code;
(5) distribute the obligation limitation provided for Federalaid highways, less the aggregate amounts not distributed under
paragraphs (1) and (2) and amounts distributed under paragraph (4), for each of the programs that are allocated by the
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121 STAT. 2386
PUBLIC LAW 110–161—DEC. 26, 2007
Secretary under the Safe, Accountable, Flexible, Efficient
Transportation Equity Act: A Legacy for Users and title 23,
United States Code (other than to programs to which paragraphs (1) and (4) apply), by multiplying the ratio determined
under paragraph (3) by the amounts authorized to be appropriated for each such program for such fiscal year; and
(6) distribute the obligation limitation provided for Federalaid highways, less the aggregate amounts not distributed under
paragraphs (1) and (2) and amounts distributed under paragraphs (4) and (5), for Federal-aid highways and highway safety
construction programs (other than the amounts apportioned
for the equity bonus program, but only to the extent that
the amounts apportioned for the equity bonus program for
the fiscal year are greater than $2,639,000,000, and the Appalachian development highway system program) that are apportioned by the Secretary under the Safe, Accountable, Flexible,
Efficient Transportation Equity Act: A Legacy for Users and
title 23, United States Code, in the ratio that—
(A) amounts authorized to be appropriated for such
programs that are apportioned to each State for such fiscal
year, bear to
(B) the total of the amounts authorized to be appropriated for such programs that are apportioned to all States
for such fiscal year.
(b) EXCEPTIONS FROM OBLIGATION LIMITATION.—The obligation
limitation for Federal-aid highways shall not apply to obligations:
(1) under section 125 of title 23, United States Code; (2) under
section 147 of the Surface Transportation Assistance Act of 1978;
(3) under section 9 of the Federal-Aid Highway Act of 1981; (4)
under subsections (b) and (j) of section 131 of the Surface Transportation Assistance Act of 1982; (5) under subsections (b) and (c)
of section 149 of the Surface Transportation and Uniform Relocation
Assistance Act of 1987; (6) under sections 1103 through 1108 of
the Intermodal Surface Transportation Efficiency Act of 1991; (7)
under section 157 of title 23, United States Code, as in effect
on the day before the date of the enactment of the Transportation
Equity Act for the 21st Century; (8) under section 105 of title
23, United States Code, as in effect for fiscal years 1998 through
2004, but only in an amount equal to $639,000,000 for each of
those fiscal years; (9) for Federal-aid highway programs for which
obligation authority was made available under the Transportation
Equity Act for the 21st Century or subsequent public laws for
multiple years or to remain available until used, but only to the
extent that the obligation authority has not lapsed or been used;
(10) under section 105 of title 23, United States Code, but only
in an amount equal to $639,000,000 for each of fiscal years 2005
through 2008; and (11) under section 1603 of the Safe, Accountable,
Flexible, Efficient Transportation Equity Act: A Legacy for Users,
to the extent that funds obligated in accordance with that section
were not subject to a limitation on obligations at the time at
which the funds were initially made available for obligation.
(c) REDISTRIBUTION OF UNUSED OBLIGATION AUTHORITY.—Notwithstanding subsection (a), the Secretary shall, after August 1
of such fiscal year, revise a distribution of the obligation limitation
made available under subsection (a) if the amount distributed
cannot be obligated during that fiscal year and redistribute sufficient amounts to those States able to obligate amounts in addition
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PUBLIC LAW 110–161—DEC. 26, 2007
121 STAT. 2387
to those previously distributed during that fiscal year, giving priority to those States having large unobligated balances of funds
apportioned under sections 104 and 144 of title 23, United States
Code.
(d) APPLICABILITY OF OBLIGATION LIMITATIONS TO TRANSPORTATION RESEARCH PROGRAMS.—The obligation limitation shall apply
to transportation research programs carried out under chapter 5
of title 23, United States Code, and title V (research title) of
the Safe, Accountable, Flexible, Efficient Transportation Equity Act:
A Legacy for Users, except that obligation authority made available
for such programs under such limitation shall remain available
for a period of 3 fiscal years and shall be in addition to the
amount of any limitation imposed on obligations for Federal-aid
highway and highway safety construction programs for future fiscal
years.
(e) REDISTRIBUTION OF CERTAIN AUTHORIZED FUNDS.—
(1) IN GENERAL.—Not later than 30 days after the date
of the distribution of obligation limitation under subsection
(a), the Secretary shall distribute to the States any funds
that—
(A) are authorized to be appropriated for such fiscal
year for Federal-aid highways programs; and
(B) the Secretary determines will not be allocated to
the States, and will not be available for obligation, in
such fiscal year due to the imposition of any obligation
limitation for such fiscal year.
(2) RATIO.—Funds shall be distributed under paragraph
(1) in the same ratio as the distribution of obligation authority
under subsection (a)(6).
(3) AVAILABILITY.—Funds distributed under paragraph (1)
shall be available for any purposes described in section 133(b)
of title 23, United States Code.
(f) SPECIAL LIMITATION CHARACTERISTICS.—Obligation limitation distributed for a fiscal year under subsection (a)(4) for the
provision specified in subsection (a)(4) shall—
(1) remain available until used for obligation of funds for
that provision; and
(2) be in addition to the amount of any limitation imposed
on obligations for Federal-aid highway and highway safety
construction programs for future fiscal years.
(g) HIGH PRIORITY PROJECT FLEXIBILITY.—
(1) IN GENERAL.—Subject to paragraph (2), obligation
authority distributed for such fiscal year under subsection (a)(4)
for each project numbered 1 through 3676 listed in the table
contained in section 1702 of the Safe, Accountable, Flexible,
Efficient Transportation Equity Act: A Legacy for Users may
be obligated for any other project in such section in the same
State.
(2) RESTORATION.—Obligation authority used as described
in paragraph (1) shall be restored to the original purpose on
the date on which obligation authority is distributed under
this section for the next fiscal year following obligation under
paragraph (1).
(h) LIMITATION ON STATUTORY CONSTRUCTION.—Nothing in this
section shall be construed to limit the distribution of obligation
authority under subsection (a)(4)(A) for each of the individual
projects numbered greater than 3676 listed in the table contained
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121 STAT. 2388
PUBLIC LAW 110–161—DEC. 26, 2007
in section 1702 of the Safe, Accountable, Flexible, Efficient
Transportation Equity Act: A Legacy for Users.
SEC. 121. Notwithstanding 31 U.S.C. 3302, funds received by
the Bureau of Transportation Statistics from the sale of data products, for necessary expenses incurred pursuant to 49 U.S.C. 111
may be credited to the Federal-aid highways account for the purpose
of reimbursing the Bureau for such expenses: Provided, That such
funds shall be subject to the obligation limitation for Federalaid highways and highway safety construction.
SEC. 122. Of the unobligated balances made available under
sections 1103, 1104, 1105, 1106(a), 1106(b), 1107, and 1108 of
Public Law 102–240, $1,292,287.73 are rescinded.
SEC. 123. Of the unobligated balances made available under
section 1602 of Public Law 105–178, $5,987,345.70 are rescinded.
SEC. 124. Of the unobligated balances made available under
section 188(a)(1) of title 23, United States Code, as in effect on
the day before the date of enactment of Public Law 109–59, and
under section 608(a)(1) of such title, $256,806,000 are rescinded.
SEC. 125. Of the amounts made available under section 104(a)
of title 23, United States Code, $43,358,601 are rescinded.
SEC. 126. Of the unobligated balances of funds made available
in fiscal year 2005 and prior fiscal years for the implementation
or execution of programs for transportation research, training and
education, and technology deployment including intelligent
transportation systems, $239,801,603 are rescinded.
SEC. 127. Of the amounts made available for ‘‘Highway Related
Safety Grants’’ by section 402 of title 23, United States Code,
and administered by the Federal Highway Administration, $11,314
in unobligated balances are rescinded.
SEC. 128. Of the unobligated balances made available under
Public Law 101–516, Public Law 102–143, Public Law 103–331,
Public Law 106–346, Public Law 107–87, and Public Law 108–
7, $4,753,687.26 are rescinded.
SEC. 129. Notwithstanding any other provision of law, the
Secretary of Transportation shall set aside from revenue aligned
budget authority authorized for fiscal year 2008 under section 110
of title 23, United States Code, such sums as may be necessary
for the programs, projects and activities at the level of 98 percent
of the corresponding amounts identified under this section in the
explanatory statement accompanying this Act: Provided, That funds
set aside by this section, at the request of a State, shall be transferred by the Secretary to another Federal agency: Provided further,
That the Federal share payable on account of any program, project,
or activity carried out with funds set aside by this section shall
be 100 percent: Provided further, That the sums set aside by this
section shall remain available until expended: Provided further,
That all funds set aside by this section shall be subject to any
limitation on obligations for Federal-aid highways and highway
safety construction programs set forth in this Act or any other
Act: Provided further, That the obligation limitation made available
for the programs, projects, and activities for which funds are set
aside by this section shall remain available until used and shall
be in addition to the amount of any limitation imposed on obligations for Federal-aid highway and highway safety construction programs for future fiscal years: Provided further, That amounts
authorized for fiscal year 2008 for revenue aligned budget authority
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PUBLIC LAW 110–161—DEC. 26, 2007
121 STAT. 2389
under such section in excess of the amount set aside by the first
clause of this section are rescinded.
SEC. 130. Not less than 15 days prior to waiving, under her
statutory authority, any Buy America requirement for Federalaid highway projects, the Secretary of Transportation shall make
an informal public notice and comment opportunity on the intent
to issue such waiver and the reasons therefor: Provided, That
the Secretary shall provide an annual report to the Appropriations
Committees of the Congress on any waivers granted under the
Buy America requirements.
SEC. 131. Notwithstanding any other provision of law, amounts
authorized for fiscal year 2008 for programs under sections 1305
and 1502 of Public Law 109–59 and section 503(b) of title 23,
United States Code, are rescinded.
Deadline.
Notice.
Public comments.
23 USC 313 note.
Reports.
FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION
MOTOR CARRIER SAFETY OPERATIONS AND PROGRAMS
(LIQUIDATION
OF CONTRACT AUTHORIZATION)
(LIMITATION
ON OBLIGATIONS)
(HIGHWAY
TRUST FUND)
(INCLUDING
RESCISSION)
For payment of obligations incurred for administration of motor
carrier safety operations and programs pursuant to section 31104(i)
of title 49, United States Code, and sections 4127 and 4134 of
Public Law 109–59, $229,654,000, to be derived from the Highway
Trust Fund (other than the Mass Transit Account), together with
advances and reimbursements received by the Federal Motor Carrier Safety Administration, the sum of which shall remain available
until expended: Provided, That none of the funds derived from
the Highway Trust Fund in this Act shall be available for the
implementation, execution or administration of programs, the
obligations for which are in excess of $229,654,000, for ‘‘Motor
Carrier Safety Operations and Programs’’, of which $8,900,000,
to remain available for obligation until September 30, 2010, is
for the research and technology program and $1,000,000 shall be
available for commercial motor vehicle operator’s grants to carry
out section 4134 of Public Law 109–59: Provided further, That
notwithstanding any other provision of law, none of the funds
under this heading for outreach and education shall be available
for transfer: Provided further, That $1,815,553 in unobligated balances are rescinded.
MOTOR CARRIER SAFETY GRANTS
(LIQUIDATION
OF CONTRACT AUTHORIZATION)
(LIMITATION
ON OBLIGATIONS)
(HIGHWAY
TRUST FUND)
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(INCLUDING
RESCISSION)
For payment of obligations incurred in carrying out sections
31102, 31104(a), 31106, 31107, 31109, 31309, 31313 of title 49,
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121 STAT. 2390
PUBLIC LAW 110–161—DEC. 26, 2007
United States Code, and sections 4126 and 4128 of Public Law
109–59, $300,000,000, to be derived from the Highway Trust Fund
(other than the Mass Transit Account) and to remain available
until expended: Provided, That none of the funds in this Act shall
be available for the implementation or execution of programs, the
obligations for which are in excess of $300,000,000, for ‘‘Motor
Carrier Safety Grants’’; of which $202,000,000 shall be available
for the motor carrier safety assistance program to carry out sections
31102 and 31104(a) of title 49, United States Code; $25,000,000
shall be available for the commercial driver’s license improvements
program to carry out section 31313 of title 49, United States Code;
$32,000,000 shall be available for the border enforcement grants
program to carry out section 31107 of title 49, United States Code;
$5,000,000 shall be available for the performance and registration
information system management program to carry out sections
31106(b) and 31109 of title 49, United States Code; $25,000,000
shall be available for the commercial vehicle information systems
and networks deployment program to carry out section 4126 of
Public Law 109–59; $3,000,000 shall be available for the safety
data improvement program to carry out section 4128 of Public
Law 109–59; and $8,000,000 shall be available for the commercial
driver’s license information system modernization program to carry
out section 31309(e) of title 49, United States Code: Provided further, That of the funds made available for the motor carrier safety
assistance program, $29,000,000 shall be available for audits of
new entrant motor carriers: Provided further, That $11,260,214
in unobligated balances are rescinded.
MOTOR CARRIER SAFETY
(HIGHWAY
TRUST FUND)
(RESCISSION)
Of the amounts made available under this heading in prior
appropriations Acts, $32,187,720 in unobligated balances are
rescinded.
NATIONAL MOTOR CARRIER SAFETY PROGRAM
(HIGHWAY
TRUST FUND)
(RESCISSION)
Of the amounts made available under this heading in prior
appropriations Act, $5,212,858 in unobligated balances are
rescinded.
ADMINISTRATIVE PROVISIONS—FEDERAL MOTOR CARRIER SAFETY
ADMINISTRATION
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SEC. 135. Funds appropriated or limited in this Act shall be
subject to the terms and conditions stipulated in section 350 of
Public Law 107–87 and section 6901 of Public Law 110–28,
including that the Secretary submit a report to the House and
Senate Appropriations Committees annually on the safety and security of transportation into the United States by Mexico-domiciled
motor carriers.
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PUBLIC LAW 110–161—DEC. 26, 2007
121 STAT. 2391
SEC. 136. None of the funds made available under this Act
may be used to establish a cross-border motor carrier demonstration
program to allow Mexico-domiciled motor carriers to operate beyond
the commercial zones along the international border between the
United States and Mexico.
NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION
OPERATIONS AND RESEARCH
For expenses necessary to discharge the functions of the Secretary, with respect to traffic and highway safety under subtitle
C of title X of Public Law 109–59, chapter 301 of title 49, United
States Code, and part C of subtitle VI of title 49, United States
Code, $126,572,000, of which $26,156,000 shall remain available
until September 30, 2010: Provided, That none of the funds appropriated by this Act may be obligated or expended to plan, finalize,
or implement any rulemaking to add to section 575.104 of title
49 of the Code of Federal Regulations any requirement pertaining
to a grading standard that is different from the three grading
standards (treadwear, traction, and temperature resistance) already
in effect.
OPERATIONS AND RESEARCH
(LIQUIDATION
OF CONTRACT AUTHORIZATION)
(LIMITATION
ON OBLIGATIONS)
(HIGHWAY
TRUST FUND)
For payment of obligations incurred in carrying out the provisions of 23 U.S.C. 403, $107,750,000, to be derived from the Highway Trust Fund (other than the Mass Transit Account) and to
remain available until expended: Provided, That none of the funds
in this Act shall be available for the planning or execution of
programs the total obligations for which, in fiscal year 2008, are
in excess of $107,750,000 for programs authorized under 23 U.S.C.
403.
NATIONAL DRIVER REGISTER
(LIQUIDATION
OF CONTRACT AUTHORIZATION)
(LIMITATION
ON OBLIGATIONS)
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(HIGHWAY
TRUST FUND)
For payment of obligations incurred in carrying out chapter
303 of title 49, United States Code, $4,000,000, to be derived from
the Highway Trust Fund (other than the Mass Transit Account)
and to remain available until expended: Provided, That none of
the funds in this Act shall be available for the implementation
or execution of programs the total obligations for which, in fiscal
year 2008, are in excess of $4,000,000 for the National Driver
Register authorized under such chapter.
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121 STAT. 2392
PUBLIC LAW 110–161—DEC. 26, 2007
HIGHWAY TRAFFIC SAFETY GRANTS
(LIQUIDATION
OF CONTRACT AUTHORIZATION)
(LIMITATION
ON OBLIGATIONS)
(HIGHWAY
TRUST FUND)
For payment of obligations incurred in carrying out the provisions of 23 U.S.C. 402, 405, 406, 408, and 410 and sections
2001(a)(11), 2009, 2010, and 2011 of Public Law 109–59, to remain
available until expended, $599,250,000 to be derived from the Highway Trust Fund (other than the Mass Transit Account): Provided,
That none of the funds in this Act shall be available for the
planning or execution of programs the total obligations for which,
in fiscal year 2008, are in excess of $599,250,000 for programs
authorized under 23 U.S.C. 402, 405, 406, 408, and 410 and sections
2001(a)(11), 2009, 2010, and 2011 of Public Law 109–59, of which
$225,000,000 shall be for ‘‘Highway Safety Programs’’ under 23
U.S.C. 402; $25,000,000 shall be for ‘‘Occupant Protection Incentive
Grants’’ under 23 U.S.C. 405; $124,500,000 shall be for ‘‘Safety
Belt Performance Grants’’ under 23 U.S.C. 406; $34,500,000 shall
be for ‘‘State Traffic Safety Information System Improvements’’
under 23 U.S.C. 408; $131,000,000 shall be for ‘‘Alcohol-Impaired
Driving Countermeasures Incentive Grant Program’’ under 23
U.S.C. 410; $18,250,000 shall be for ‘‘Administrative Expenses’’
under section 2001(a)(11) of Public Law 109–59; $29,000,000 shall
be for ‘‘High Visibility Enforcement Program’’ under section 2009
of Public Law 109–59; $6,000,000 shall be for ‘‘Motorcyclist Safety’’
under section 2010 of Public Law 109–59; and $6,000,000 shall
be for ‘‘Child Safety and Child Booster Seat Safety Incentive Grants’’
under section 2011 of Public Law 109–59: Provided further, That
none of these funds shall be used for construction, rehabilitation,
or remodeling costs, or for office furnishings and fixtures for State,
local or private buildings or structures: Provided further, That
not to exceed $500,000 of the funds made available for section
410 ‘‘Alcohol-Impaired Driving Countermeasures Grants’’ shall be
available for technical assistance to the States: Provided further,
That not to exceed $750,000 of the funds made available for the
‘‘High Visibility Enforcement Program’’ shall be available for the
evaluation required under section 2009(f) of Public Law 109–59.
ADMINISTRATIVE PROVISIONS—NATIONAL HIGHWAY
TRAFFIC SAFETY ADMINISTRATION
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(INCLUDING
RESCISSIONS)
SEC. 140. Notwithstanding any other provision of law or limitation on the use of funds made available under section 403 of
title 23, United States Code, an additional $130,000 shall be made
available to the National Highway Traffic Safety Administration,
out of the amount limited for section 402 of title 23, United States
Code, to pay for travel and related expenses for State management
reviews and to pay for core competency development training and
related expenses for highway safety staff.
SEC. 141. Of the amounts made available under the heading
‘‘Operations and Research (Liquidation of Contract Authorization)
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PUBLIC LAW 110–161—DEC. 26, 2007
121 STAT. 2393
(Limitation on Obligations) (Highway Trust Fund)’’ in prior appropriations Acts, $12,197,113.60 in unobligated balances are
rescinded.
SEC. 142. Of the amounts made available under the heading
‘‘National Driver Register (Liquidation of Contract Authorization)
(Limitation on Obligations) (Highway Trust Fund)’’ in prior appropriations Acts, $119,914.61 in unobligated balances are rescinded.
SEC. 143. Of the amounts made available under the heading
‘‘Highway Traffic Safety Grants (Liquidation of Contract Authorization) (Limitation on Obligations) (Highway Trust Fund)’’ in prior
appropriations Acts, $10,528,958 in unobligated balances are
rescinded.
FEDERAL RAILROAD ADMINISTRATION
SAFETY AND OPERATIONS
For necessary expenses of the Federal Railroad Administration,
not otherwise provided for, $150,193,499, of which $12,268,890 shall
remain available until expended.
RAILROAD RESEARCH AND DEVELOPMENT
For necessary expenses for railroad research and development,
$35,964,400, to remain available until expended.
CAPITAL ASSISTANCE TO STATES—INTERCITY
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PASSENGER RAIL SERVICE
To enable the Federal Railroad Administrator to make grants
to States for the capital costs of improving existing intercity passenger rail service and providing new intercity passenger rail
service, $30,000,000, to remain available until expended: Provided,
That grants shall be provided to a State only on a reimbursable
basis: Provided further, That grants cover no more than 50 percent
of the total capital cost of a project selected for funding: Provided
further, That no more than 10 percent of funds made available
under this program may be used for planning activities that lead
directly to the development of a passenger rail corridor investment
plan consistent with the requirements established by the Administrator: Provided further, That no later than eight months following
enactment of this Act, the Secretary shall establish and publish
criteria for project selection, set a deadline for grant applications,
and provide a schedule for project selection: Provided further, That
to be eligible for this assistance, States must include intercity
passenger rail service as an integral part of statewide transportation
planning as required under section 135 of title 23, United States
Code: Provided further, That to be eligible for capital assistance
the specific project must be on the Statewide Transportation
Improvement Plan at the time of the application to qualify: Provided
further, That the Secretary give priority to capital and planning
applications for projects that improve the safety and reliability
of intercity passenger trains, involve a commitment by freight railroads to an enforceable on-time performance of passenger trains
of 80 percent or greater, involve a commitment by freight railroads
of financial resources commensurate with the benefit expected to
their operations, improve or extend service on a route that requires
little or no Federal assistance for its operations, and involve a
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Deadline.
Criteria.
Publication.
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121 STAT. 2394
PUBLIC LAW 110–161—DEC. 26, 2007
commitment by States or railroads of financial resources to improve
the safety of highway/rail grade crossings over which the passenger
service operates.
RAILROAD REHABILITATION AND IMPROVEMENT PROGRAM
The Secretary of Transportation is authorized to issue to the
Secretary of the Treasury notes or other obligations pursuant to
section 512 of the Railroad Revitalization and Regulatory Reform
Act of 1976 (Public Law 94–210), as amended, in such amounts
and at such times as may be necessary to pay any amounts required
pursuant to the guarantee of the principal amount of obligations
under sections 511 through 513 of such Act, such authority to
exist as long as any such guaranteed obligation is outstanding:
Provided, That pursuant to section 502 of such Act, as amended,
no new direct loans or loan guarantee commitments shall be made
using Federal funds for the credit risk premium during fiscal year
2008.
RAIL LINE RELOCATION AND IMPROVEMENT PROGRAM
For necessary expenses of carrying out section 20154 of title
49, United States Code, as authorized by section 9002 of Public
Law 109–59, $20,145,000, to remain available until expended.
OPERATING GRANTS TO THE NATIONAL RAILROAD PASSENGER
CORPORATION
Reports.
Deadlines.
Deadline.
Plan.
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Deadline.
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To enable the Secretary of Transportation to make quarterly
grants to the National Railroad Passenger Corporation for operation
of intercity passenger rail, $475,000,000 to remain available until
expended: Provided, That the Secretary of Transportation shall
approve funding to cover operating losses for the Corporation only
after receiving and reviewing a grant request for each specific
train route: Provided further, That each such grant request shall
be accompanied by a detailed financial analysis, revenue projection,
and capital expenditure projection justifying the Federal support
to the Secretary’s satisfaction: Provided further, That the Corporation is directed to achieve savings through operating efficiencies
including, but not limited to, modifications to food and beverage
service and first class service: Provided further, That the Inspector
General of the Department of Transportation shall report to the
House and Senate Committees on Appropriations beginning 3
months after the date of the enactment of this Act and quarterly
thereafter with estimates of the savings accrued as a result of
all operational reforms instituted by the Corporation: Provided further, That not later than 120 days after enactment of this Act,
the Corporation shall transmit to the House and Senate Committees
on Appropriations the status of its plan to improve the financial
performance of food and beverage service and its plan to improve
the financial performance of first class service (including sleeping
car service): Provided further, That the Corporation shall report
quarterly to the House and Senate Committees on Appropriations
on its progress against the milestones and target dates contained
in the plan provided in fiscal year 2007 and quantify savings
realized to date on a monthly basis compared to those projected
in the plan, identify any changes in the plan or delays in implementing these plans, and identify the causes of delay and proposed
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PUBLIC LAW 110–161—DEC. 26, 2007
121 STAT. 2395
corrective measures: Provided further, That not later than 90 days
after enactment of this Act, the Corporation shall transmit, in
electronic format, to the Secretary, the House and Senate Committees on Appropriations, the House Committee on Transportation
and Infrastructure and the Senate Committee on Commerce,
Science, and Transportation a comprehensive business plan
approved by the Board of Directors for fiscal year 2008 under
section 24104(a) of title 49, United States Code: Provided further,
That the business plan shall include, as applicable, targets for
ridership, revenues, and capital and operating expenses: Provided
further, That the plan shall also include a separate accounting
of such targets for the Northeast Corridor; commuter service; longdistance Amtrak service; State-supported service; each intercity
train route, including Autotrain; and commercial activities including
contract operations: Provided further, That the business plan shall
include a description of the work to be funded, along with cost
estimates and an estimated timetable for completion of the projects
covered by this business plan: Provided further, That the Corporation shall continue to provide monthly reports in electronic format
regarding the pending business plan, which shall describe the work
completed to date, any changes to the business plan, and the
reasons for such changes, and shall identify all sole source contract
awards which shall be accompanied by a justification as to why
said contract was awarded on a sole source basis: Provided further,
That the Corporation’s business plan and all subsequent supplemental plans shall be displayed on the Corporation’s website within
a reasonable timeframe following their submission to the appropriate entities: Provided further, That none of the funds under
this heading may be obligated or expended until the Corporation
agrees to continue abiding by the provisions of paragraphs 1, 2,
5, 9, and 11 of the summary of conditions for the direct loan
agreement of June 28, 2002, in the same manner as in effect
on the date of enactment of this Act: Provided further, That none
of the funds provided in this Act may be used after March 1,
2006, to support any route on which Amtrak offers a discounted
fare of more than 50 percent off the normal, peak fare: Provided
further, That the preceding proviso does not apply to routes where
the operating loss as a result of the discount is covered by a
State and the State participates in the setting of fares: Provided
further, That of the amounts made available under this heading
not less than $18,500,000 shall be available for the Amtrak Office
of Inspector General.
Deadline.
Business plan.
Reports.
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CAPITAL AND DEBT SERVICE GRANTS TO THE NATIONAL RAILROAD
PASSENGER CORPORATION
To enable the Secretary of Transportation to make quarterly
grants to the National Railroad Passenger Corporation for the
maintenance and repair of capital infrastructure owned by the
Corporation, including railroad equipment, rolling stock, legal mandates and other services, $850,000,000, to remain available until
expended, of which not to exceed $285,000,000 shall be for debt
service obligations: Provided, That the Secretary may retain up
to one-quarter of 1 percent of the funds under this heading to
fund the oversight by the Federal Railroad Administration of the
design and implementation of capital projects funded by grants
made under this heading: Provided further, That the Secretary
shall approve funding for capital expenditures, including advance
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121 STAT. 2396
Deadline.
Deadline.
PUBLIC LAW 110–161—DEC. 26, 2007
purchase orders of materials, for the Corporation only after
receiving and reviewing a grant request for each specific capital
grant justifying the Federal support to the Secretary’s satisfaction:
Provided further, That none of the funds under this heading may
be used to subsidize operating losses of the Corporation: Provided
further, That none of the funds under this heading may be used
for capital projects not approved by the Secretary of Transportation
or on the Corporation’s fiscal year 2008 business plan: Provided
further, That $35,000,000 of amounts made available under this
heading shall be available until expended for capital improvements
if the Corporation demonstrates to the Secretary’s satisfaction that
the Corporation has achieved operational savings and met ridership
and revenue targets as defined in the Corporation’s business plan:
Provided further, That of the funds provided under this section,
not less than $5,000,000 shall be expended for the development
and implementation of a managerial cost accounting system, which
includes average and marginal unit cost capability: Provided further, That within 90 days of enactment, the Department of
Transportation Inspector General shall review and comment to
the Secretary of Transportation and the House and Senate Committees on Appropriations upon the strengths and weaknesses of the
system being developed by the Corporation and how it best can
be implemented to improve decision making by the Board of Directors and management of the Corporation: Provided further, That
not later than 180 days after the enactment of this Act, the Secretary, in consultation with the Corporation and the States on
the Northeast Corridor, shall establish a common definition of what
is determined to be a ‘‘state of good repair’’ on the Northeast
Corridor and report its findings, including definitional areas of
disagreement, to the House and Senate Committees on Appropriations, the House Committee on Transportation and Infrastructure
and the Senate Committee on Commerce, Science, and Transportation.
ADMINISTRATIVE PROVISIONS—FEDERAL RAILROAD ADMINISTRATION
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Deadlines.
Reports.
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SEC. 150. Notwithstanding any other provision of this Act,
funds provided in this Act for the National Railroad Passenger
Corporation shall immediately cease to be available to said Corporation in the event that the Corporation contracts to have services
provided at or from any location outside the United States. For
purposes of this section, the word ‘‘services’’ shall mean any service
that was, as of July 1, 2006, performed by a full-time or parttime Amtrak employee whose base of employment is located within
the United States.
SEC. 151. Not later than January 1, 2008, the Federal Railroad
Administrator shall submit a report, and quarterly reports thereafter, to the House and Senate Committees on Appropriations
detailing the Administrator’s efforts at improving the on-time
performance of Amtrak intercity rail service operating on nonAmtrak owned property. Such reports shall compare the most recent
actual on-time performance data to pre-established on-time performance goals that the Administrator shall set for each rail service,
identified by route. Such reports shall also include whatever other
information and data regarding the on-time performance of Amtrak
trains the Administrator deems to be appropriate.
SEC. 152. The Secretary may purchase promotional items of
nominal value for use in public outreach activities to accomplish
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PUBLIC LAW 110–161—DEC. 26, 2007
121 STAT. 2397
the purposes of 49 U.S.C. 20134: Provided, That the Secretary
shall prescribe guidelines for the administration of such purchases
and use.
SEC. 153. The Secretary of Transportation may receive and
expend cash, or receive and utilize spare parts and similar items,
from non-United States Government sources to repair damages
to or replace United States Government owned automated track
inspection cars and equipment as a result of third party liability
for such damages, and any amounts collected under this subsection
shall be credited directly to the Safety and Operations account
of the Federal Railroad Administration, and shall remain available
until expended for the repair, operation and maintenance of automated track inspection cars and equipment in connection with
the automated track inspection program.
Guidelines.
FEDERAL TRANSIT ADMINISTRATION
ADMINISTRATIVE EXPENSES
For necessary administrative expenses of the Federal Transit
Administration’s programs authorized by chapter 53 of title 49,
United States Code, $89,300,000: Provided, That of the funds available under this heading, not to exceed $1,504,000 shall be available
for travel and not to exceed $20,719,000 shall be available for
the central account: Provided further, That any funding transferred
from the central account shall be submitted for approval to the
House and Senate Committees on Appropriations: Provided further,
That none of the funds provided or limited in this Act may be
used to create a permanent office of transit security under this
heading: Provided further, That of the funds in this Act available
for the execution of contracts under section 5327(c) of title 49,
United States Code, $2,000,000 shall be reimbursed to the Department of Transportation’s Office of Inspector General for costs associated with audits and investigations of transit-related issues,
including reviews of new fixed guideway systems: Provided further,
That upon submission to the Congress of the fiscal year 2009
President’s budget, the Secretary of Transportation shall transmit
to Congress the annual report on new starts, including proposed
allocations of funds for fiscal year 2009.
Reports.
FORMULA AND BUS GRANTS
(LIQUIDATION
OF CONTRACT AUTHORITY)
(LIMITATION
ON OBLIGATIONS)
(HIGHWAY
TRUST FUND)
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(INCLUDING
RESCISSION)
For payment of obligations incurred in carrying out the provisions of 49 U.S.C. 5305, 5307, 5308, 5309, 5310, 5311, 5316, 5317,
5320, 5335, 5339, and 5340 and section 3038 of Public Law 105–
178, as amended, $6,855,000,000, to be derived from the Mass
Transit Account of the Highway Trust Fund and to remain available
until expended: Provided, That funds available for the implementation or execution of programs authorized under 49 U.S.C. 5305,
5307, 5308, 5309, 5310, 5311, 5316, 5317, 5320, 5335, 5339, and
5340 and section 3038 of Public Law 105–178, as amended, shall
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121 STAT. 2398
PUBLIC LAW 110–161—DEC. 26, 2007
not exceed total obligations of $7,767,887,062 in fiscal year 2008:
Provided further, That of the funds available to carry out the
bus program under section 5309 of title 49, United States Code,
which are not otherwise allocated under this act or under
SAFETEA–LU (Public Law 109–59), not more than 10 percent
may be expended in furtherance of the Department of Transportation’s ‘‘National Strategy to Reduce Congestion on America’s
Transportation Network’’ issued May, 2006 by Secretary of
Transportation, the Honorable Norman Mineta; also known as the
‘‘Congestion Initiative’’ or any other new highway congestion initiative: Provided further, That $28,660,920 in unobligated balances
are rescinded.
RESEARCH AND UNIVERSITY RESEARCH CENTERS
For necessary expenses to carry out 49 U.S.C. 5306, 5312–
5315, 5322, and 5506, $65,362,900, to remain available until
expended: Provided, That $9,300,000 is available to carry out the
transit cooperative research program under section 5313 of title
49, United States Code, $4,300,000 is available for the National
Transit Institute under section 5315 of title 49, United States
Code, and $7,000,000 is available for university transportation centers program under section 5506 of title 49, United States Code:
Provided further, That $44,762,900 is available to carry out national
research programs under sections 5312, 5313, 5314, and 5322 of
title 49, United States Code.
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CAPITAL INVESTMENT GRANTS
For necessary expenses to carry out section 5309 of title 49,
United States Code, $1,569,091,997, to remain available until
expended: Provided, That of the funds available under this heading,
amounts are to be made available as follows:
AC Transit BRT Corridor—Alameda County, California,
$490,000.
Alaska and Hawaii ferry projects, $15,000,000.
Bus Rapid Transit, Cumberland County, Pennsylvania,
$294,000.
Central Corridor Light Rail, Minnesota, $10,192,000.
Central Link Initial Segment, Washington, $68,600,000.
Central LRT Double-Track—Largo Extension, Maryland,
$34,300,000.
Central Phoenix/East Valley Light Rail, Arizona,
$88,200,000.
Charlotte Rapid Transit, North Carolina, $1,960,000.
CORRIDORone Regional Rail Project, Pennsylvania,
$10,976,000.
DCTA Fixed Guideway/Engineering, Lewisville, Texas,
$245,000.
Denali Commission, Alaska, $5,000,000.
Dulles Corridor Metrorail Project, Virginia, $34,300,000.
Galveston Rail Trolley, Texas, $1,960,000.
Honolulu High Capacity Transit Corridor, Hawaii,
$15,190,000.
Hudson-Bergen MOS–2, New Jersey, $54,089,135.
I–205/Portland Mall Light Rail, Oregon, $78,400,000.
I–69 HOV/BRT, Mississippi, $7,546,000.
JTA Bus Rapid Transit, Jacksonville, Florida, $9,329,600.
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PUBLIC LAW 110–161—DEC. 26, 2007
121 STAT. 2399
Lane Transit District, Pioneer Parkway EmX Corridor,
Oregon, $14,504,000.
Long Island Rail Road East Side Access, New York,
$210,700,000.
MARC Commuter Rail Improvements and Rolling Stock,
Maryland, $9,800,000.
MBTA Fitchburg to Boston Rail Corridor Project,
Massachusetts, $5,880,000.
METRA Connects Southeast Service, Illinois, $7,227,500.
METRA Star Line, Illinois, $7,227,500.
METRA Union Pacific Northwest Line, Illinois, $7,227,500.
METRA Union Pacific West Line, Illinois, $7,227,500.
Metro Gold Line Eastside Extension, California,
$78,400,000.
Metrorail Orange Line Expansion, Florida, $1,960,000.
Metro Rapid Bus System Gap Closure, Los Angeles, California, $16,347,380.
Mid-Jordan Light Rail Extension, Utah, $19,600,000.
Monmouth-Ocean-Middlesex County Passenger Rail, New
Jersey, $980,000.
New Britain-Hartford Busway, Connecticut, $3,271,632.
Norfolk Light Rail Project, Virginia, $23,030,000.
North Corridor, Houston and Southeast Corridor, Texas,
$19,600,000.
North Shore Corridor & Blue Line, Massachusetts,
$1,960,000.
NorthStar Commuter, Minnesota, $53,900,000.
Northern Indiana Commuter Transit District Recapitalization, Indiana, $4,900,000.
North Shore LRT Connector, Pennsylvania, $32,846,115.
Northwest NJ-Northeast PA, Pennsylvania, $2,940,000.
NW/SE LRT MOS, Texas, $84,525,000.
Pacific Highway South BRT, King County, Washington,
$13,794,480.
Perris Valley Line Metrolink Extension, California,
$1,960,000.
Pawtucket/Central Falls Commuter Rail Station, Rhode
Island, $1,960,000.
Planning and Design, Bus Rapid Transit-State Avenue Corridor, Wyandotte County, Kansas, $1,470,000.
Provo Orem Bus Rapid Transit, Utah, $4,018,000.
Rapid Transit (BRT) project, Livermore, California,
$2,940,000.
Ravenswood Line Extension, Illinois, $39,200,000.
Route 1 Bus Rapid Transit, Potomac Yard-Crystal City,
Alexandria and Arlington, Virginia, $980,000.
Second Avenue Subway Phase 1, New York, $167,810,300.
SMART EIS and PE, California, $1,960,000.
South County Commuter Rail Wickford Junction Station,
Rhode Island, $12,269,449.
Southeast Corridor LRT, Colorado, $50,529,274.
South Sacramento Corridor Phase 2, California, $4,410,000.
Telegraph Avenue-International Boulevard-East 14th
Street Bus Rapid Transit Corridor Improvements, California,
$1,960,000.
Third Street Light Rail, San Francisco, California,
$11,760,000.
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121 STAT. 2400
PUBLIC LAW 110–161—DEC. 26, 2007
Trans-Hudson Midtown Corridor, New Jersey, $14,700,000.
Troost Corridor Bus Rapid Transit, Missouri, $6,134,800.
West Corridor Light Rail Project, Colorado, $39,200,000.
University Link LRT, Washington, $19,600,000.
VIA Bus Rapid Transit Corridor Project, San Antonio,
Texas, $4,900,000.
Virginia
Railway
Express
Extension—Gainesville/
Haymarket, Virginia, $490,000.
VRE Rolling Stock, Virginia, $3,920,000.
Weber County to Salt Lake City, Utah, $78,400,000.
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ADMINISTRATIVE PROVISIONS—FEDERAL TRANSIT ADMINISTRATION
SEC. 160. The limitations on obligations for the programs of
the Federal Transit Administration shall not apply to any authority
under 49 U.S.C. 5338, previously made available for obligation,
or to any other authority previously made available for obligation.
SEC. 161. Notwithstanding any other provision of law, funds
made available by this Act under ‘‘Federal Transit Administration,
Capital investment grants’’ and bus and bus facilities under ‘‘Federal Transit Administration, Formula and bus grants’’ for projects
specified in this Act or identified in reports accompanying this
Act not obligated by September 30, 2010, and other recoveries,
shall be made available for other projects under 49 U.S.C. 5309.
SEC. 162. Notwithstanding any other provision of law, any
funds appropriated before October 1, 2007, under any section of
chapter 53 of title 49, United States Code, that remain available
for expenditure, may be transferred to and administered under
the most recent appropriation heading for any such section.
SEC. 163. Notwithstanding any other provision of law, unobligated funds made available for a new fixed guideway systems
projects under the heading ‘‘Federal Transit Administration, Capital
Investment Grants’’ in any appropriations Act prior to this Act
may be used during this fiscal year to satisfy expenses incurred
for such projects.
SEC. 164. During fiscal year 2008, each Federal Transit
Administration grant for a project that involves the acquisition
or rehabilitation of a bus to be used in public transportation shall
be funded for 90 percent of the net capital costs of a biodiesel
bus or a factory-installed or retrofitted hybrid electric propulsion
system and any equipment related to such a system: Provided,
That the Secretary shall have the discretion to determine, through
practicable administrative procedures, the costs attributable to the
system and related-equipment.
SEC. 165. Notwithstanding any other provision of law, in regard
to the Central Link Initial Segment Project, to the extent that
Federal funds remain available within the current budget for the
project, the Secretary shall, immediately upon the date of enactment
of this Act, amend the Full Funding Grant Agreement for said
project to allow remaining Federal funds to be used to support
completion of the Airport Link extension of said project.
SEC. 166. Amounts provided for a high capacity fixed guideway
light rail and mass transit project for the City of Albuquerque,
New Mexico, in Public Laws 106–69, 106–346 and 107–87 shall
be available for bus and bus facilities.
SEC. 167. Any unobligated amounts made available for the
Commuter Rail, Albuquerque to Santa Fe, New Mexico under the
heading ‘‘Capital Investment Grants’’ under the heading ‘‘Federal
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PUBLIC LAW 110–161—DEC. 26, 2007
121 STAT. 2401
Transit Administration’’ in title I of division A of the Transportation,
Treasury, Housing and Urban Development, the Judiciary, the District of Columbia, and Independent Agencies Appropriations Act,
2006 (Public Law 109–115; 119 Stat. 2418) shall be made available
for public transportation buses, equipment and facilities related
to such buses, and intermodal terminal in Albuquerque and Santa
Fe, New Mexico, subject to the requirements under section 5309
of title 49, United States Code.
SEC. 168. Notwithstanding any other provision of law, funds
made available for the Las Vegas Resort Corridor Fixed Guideway
Project under the Federal Transit Administration Capital Investment Grants Account in any previous Appropriations Act, including
Public Laws 108–7, 108–199, 108–447, and any unexpended funds
in Federal Transit Administration grant number NV–03–0019 may
hereafter be made available until expended to the Regional
Transportation Commission of Southern Nevada for bus rapid
transit projects and bus and bus-related projects: Provided, That
funds made available for a project in accordance with this section
shall be administered under the terms and conditions set forth
in 49 U.S.C. 5307, to the extent applicable.
SEC. 169. The second sentence of section 321 of the Department
of Transportation and Related Agencies Appropriations Act, 1986
(99 Stat. 1287) is repealed.
SEC. 170. None of the funds provided or limited under this
Act may be used to issue a final regulation under section 5309
of title 49, United States Code, except that the Federal Transit
Administration may continue to review comments received on the
proposed rule (Docket No. FTA–2006–25737).
SEC. 171. Funds made available to the Putnam County, Florida,
for Ride Solutions buses and bus facilities in Public Laws 108–
199, 108–447 and 109–115 that remain unobligated may be available to Putnam County under the conditions of 49 U.S.C. 5312
to research, develop, fabricate, test, demonstrate, deploy and
evaluate a low floor bus to meet the needs of Ride Solution in
particular, and small urban and rural operators in general.
SEC. 172. Of the balances available for this fiscal year to
carry out 49 U.S.C. 5309(b) left to the discretion of the Secretary
of Transportation, $104,697,038 are rescinded.
SEC. 173. Of the balances available for this fiscal year to
carry out 49 U.S.C. 5339 left to the discretion of the Secretary
of Transportation, $308,900 are rescinded.
SAINT LAWRENCE SEAWAY DEVELOPMENT CORPORATION
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The Saint Lawrence Seaway Development Corporation is
hereby authorized to make such expenditures, within the limits
of funds and borrowing authority available to the Corporation,
and in accord with law, and to make such contracts and commitments without regard to fiscal year limitations as provided by
section 104 of the Government Corporation Control Act, as
amended, as may be necessary in carrying out the programs set
forth in the Corporation’s budget for the current fiscal year.
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121 STAT. 2402
PUBLIC LAW 110–161—DEC. 26, 2007
OPERATIONS AND MAINTENANCE
(HARBOR
MAINTENANCE TRUST FUND)
For necessary expenses for operations and maintenance of those
portions of the Saint Lawrence Seaway operated and maintained
by the Saint Lawrence Seaway Development Corporation,
$17,392,000, to be derived from the Harbor Maintenance Trust
Fund, pursuant to Public Law 99–662.
MARITIME ADMINISTRATION
MARITIME SECURITY PROGRAM
For necessary expenses to maintain and preserve a U.S.-flag
merchant fleet to serve the national security needs of the United
States, $156,000,000, to remain available until expended.
OPERATIONS AND TRAINING
For necessary expenses of operations and training activities
authorized by law, $121,992,000, of which $25,720,000 shall remain
available until September 30, 2008, for salaries and benefits of
employees of the United States Merchant Marine Academy; of which
$14,139,000 shall remain available until expended for capital
improvements at the United States Merchant Marine Academy;
and of which $10,500,000 shall remain available until expended
for maintenance and repair of Schoolships at State Maritime
Schools.
SHIP DISPOSAL
For necessary expenses related to the disposal of obsolete vessels in the National Defense Reserve Fleet of the Maritime Administration, $17,000,000, to remain available until expended.
ASSISTANCE TO SMALL SHIPYARDS
Deadline.
Grants.
Deadline.
To make grants for capital improvements and related infrastructure improvements at qualified shipyards that will facilitate
the efficiency, cost-effectiveness, and quality of domestic ship
construction for commercial and Federal Government use as authorized under section 3506 of Public Law 109–163, $10,000,000, to
remain available until expended: Provided, That to be considered
for assistance, a qualified shipyard shall submit an application
for assistance no later than 60 days after enactment of this Act:
Provided further, That from applications submitted under the previous proviso, the Secretary of Transportation shall make grants
no later than 120 days after enactment of this Act in such amounts
as the Secretary determines: Provided further, That not to exceed
2 percent of the funds appropriated under this heading shall be
available for necessary costs of grant administration.
MARITIME GUARANTEED LOAN (TITLE XI) PROGRAM ACCOUNT
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(INCLUDING
TRANSFER OF FUNDS)
For the cost of guaranteed loans, as authorized, $8,408,000,
of which $5,000,000 shall remain available until expended: Provided, That such costs, including the cost of modifying such loans,
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PUBLIC LAW 110–161—DEC. 26, 2007
121 STAT. 2403
shall be as defined in section 502 of the Congressional Budget
Act of 1974, as amended: Provided further, That not to exceed
$3,408,000 shall be available for administrative expenses to carry
out the guaranteed loan program, which shall be transferred to
and merged with the appropriation for ‘‘Operations and Training’’,
Maritime Administration.
SHIP CONSTRUCTION
(RESCISSION)
Of the unobligated balances available under this heading,
$6,673,000 are rescinded.
ADMINISTRATIVE PROVISIONS—MARITIME ADMINISTRATION
SEC. 175. Notwithstanding any other provision of this Act,
the Maritime Administration is authorized to furnish utilities and
services and make necessary repairs in connection with any lease,
contract, or occupancy involving Government property under control
of the Maritime Administration, and payments received therefor
shall be credited to the appropriation charged with the cost thereof:
Provided, That rental payments under any such lease, contract,
or occupancy for items other than such utilities, services, or repairs
shall be covered into the Treasury as miscellaneous receipts.
SEC. 176. No obligations shall be incurred during the current
fiscal year from the construction fund established by the Merchant
Marine Act, 1936 (46 U.S.C. 53101 note (cds)), or otherwise, in
excess of the appropriations and limitations contained in this Act
or in any prior appropriations Act.
PIPELINE
AND
HAZARDOUS MATERIALS SAFETY ADMINISTRATION
ADMINISTRATIVE EXPENSES
For necessary administrative expenses of the Pipeline and Hazardous Materials Safety Administration, $18,130,000, of which
$639,000 shall be derived from the Pipeline Safety Fund.
HAZARDOUS MATERIALS SAFETY
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For expenses necessary to discharge the hazardous materials
safety functions of the Pipeline and Hazardous Materials Safety
Administration, $28,000,000, of which $1,761,000 shall remain
available until September 30, 2010: Provided, That up to $1,200,000
in fees collected under 49 U.S.C. 5108(g) shall be deposited in
the general fund of the Treasury as offsetting receipts: Provided
further, That there may be credited to this appropriation, to be
available until expended, funds received from States, counties,
municipalities, other public authorities, and private sources for
expenses incurred for training, for reports publication and dissemination, and for travel expenses incurred in performance of hazardous materials exemptions and approvals functions.
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121 STAT. 2404
PUBLIC LAW 110–161—DEC. 26, 2007
PIPELINE SAFETY
(PIPELINE
SAFETY FUND)
(OIL SPILL LIABILITY TRUST FUND)
For expenses necessary to conduct the functions of the pipeline
safety program, for grants-in-aid to carry out a pipeline safety
program, as authorized by 49 U.S.C. 60107, and to discharge the
pipeline program responsibilities of the Oil Pollution Act of 1990,
$79,828,000, of which $18,810,000 shall be derived from the Oil
Spill Liability Trust Fund and shall remain available until September 30, 2010; of which $61,018,000 shall be derived from the
Pipeline Safety Fund, of which $32,242,000 shall remain available
until September 30, 2010: Provided, That not less than $1,043,000
of the funds provided under this heading shall be for the onecall State grant program.
EMERGENCY PREPAREDNESS GRANTS
(EMERGENCY
PREPAREDNESS FUND)
For necessary expenses to carry out 49 U.S.C. 5128(b),
$188,000, to be derived from the Emergency Preparedness Fund,
to remain available until September 30, 2009: Provided, That not
more than $28,318,000 shall be made available for obligation in
fiscal year 2008 from amounts made available by 49 U.S.C. 5116(i)
and 5128(b)–(c): Provided further, That none of the funds made
available by 49 U.S.C. 5116(i), 5128(b), or 5128(c) shall be made
available for obligation by individuals other than the Secretary
of Transportation, or her designee.
RESEARCH
AND INNOVATIVE
TECHNOLOGY ADMINISTRATION
RESEARCH AND DEVELOPMENT
For necessary expenses of the Research and Innovative Technology Administration, $12,000,000, of which $6,036,000 shall
remain available until September 30, 2010: Provided, That there
may be credited to this appropriation, to be available until
expended, funds received from States, counties, municipalities, other
public authorities, and private sources for expenses incurred for
training.
OFFICE
OF INSPECTOR
GENERAL
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SALARIES AND EXPENSES
For necessary expenses of the Office of Inspector General to
carry out the provisions of the Inspector General Act of 1978,
as amended, $66,400,000: Provided, That the Inspector General
shall have all necessary authority, in carrying out the duties specified in the Inspector General Act, as amended (5 U.S.C. App.
3), to investigate allegations of fraud, including false statements
to the government (18 U.S.C. 1001), by any person or entity that
is subject to regulation by the Department: Provided further, That
the funds made available under this heading shall be used to
investigate, pursuant to section 41712 of title 49, United States
Code: (1) unfair or deceptive practices and unfair methods of competition by domestic and foreign air carriers and ticket agents;
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PUBLIC LAW 110–161—DEC. 26, 2007
121 STAT. 2405
and (2) the compliance of domestic and foreign air carriers with
respect to item (1) of this proviso.
SURFACE TRANSPORTATION BOARD
SALARIES AND EXPENSES
For necessary expenses of the Surface Transportation Board,
including services authorized by 5 U.S.C. 3109, $26,324,500: Provided, That notwithstanding any other provision of law, not to
exceed $1,250,000 from fees established by the Chairman of the
Surface Transportation Board shall be credited to this appropriation
as offsetting collections and used for necessary and authorized
expenses under this heading: Provided further, That the sum herein
appropriated from the general fund shall be reduced on a dollarfor-dollar basis as such offsetting collections are received during
fiscal year 2008, to result in a final appropriation from the general
fund estimated at no more than $25,074,500.
GENERAL PROVISIONS—DEPARTMENT
(INCLUDING
TRANSPORTATION
TRANSFERS OF FUNDS)
(INCLUDING
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OF
RESCISSIONS)
SEC. 180. During the current fiscal year applicable appropriations to the Department of Transportation shall be available for
maintenance and operation of aircraft; hire of passenger motor
vehicles and aircraft; purchase of liability insurance for motor
vehicles operating in foreign countries on official department business; and uniforms or allowances therefor, as authorized by law
(5 U.S.C. 5901–5902).
SEC. 181. Appropriations contained in this Act for the Department of Transportation shall be available for services as authorized
by 5 U.S.C. 3109, but at rates for individuals not to exceed the
per diem rate equivalent to the rate for an Executive Level IV.
SEC. 182. None of the funds in this Act shall be available
for salaries and expenses of more than 110 political and Presidential
appointees in the Department of Transportation: Provided, That
none of the personnel covered by this provision may be assigned
on temporary detail outside the Department of Transportation.
SEC. 183. None of the funds in this Act shall be used to
implement section 404 of title 23, United States Code.
SEC. 184. (a) No recipient of funds made available in this
Act shall disseminate personal information (as defined in 18 U.S.C.
2725(3)) obtained by a State department of motor vehicles in connection with a motor vehicle record as defined in 18 U.S.C. 2725(1),
except as provided in 18 U.S.C. 2721 for a use permitted under
18 U.S.C. 2721.
(b) Notwithstanding subsection (a), the Secretary shall not withhold funds provided in this Act for any grantee if a State is in
noncompliance with this provision.
SEC. 185. Funds received by the Federal Highway Administration, Federal Transit Administration, and Federal Railroad
Administration from States, counties, municipalities, other public
authorities, and private sources for expenses incurred for training
may be credited respectively to the Federal Highway Administration’s ‘‘Federal-Aid Highways’’ account, the Federal Transit
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121 STAT. 2406
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Notification.
Deadline.
Notification.
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PUBLIC LAW 110–161—DEC. 26, 2007
Administration’s ‘‘Research and University Research Centers’’
account, and to the Federal Railroad Administration’s ‘‘Safety and
Operations’’ account, except for State rail safety inspectors participating in training pursuant to 49 U.S.C. 20105.
SEC. 186. Funds provided or limited in this Act under the
appropriate accounts within the Federal Highway Administration,
the Federal Railroad Administration and the Federal Transit
Administration shall be made available for the eligible programs,
projects and activities at the level of 98 percent of the corresponding
amounts identified in the explanatory statement accompanying this
Act for the ‘‘Delta Regional Transportation Development Program’’,
‘‘Ferry Boats and Ferry Terminal Facilities’’, ‘‘Federal Lands’’,
‘‘Interstate Maintenance Discretionary’’, ‘‘Transportation, Community and System Preservation Program’’, ‘‘Rail Line Relocation and
Improvement Program’’, ‘‘Rail-highway crossing hazard eliminations’’, ‘‘Alternatives analysis’’, and ‘‘Bus and bus facilities’’: Provided, That amounts authorized within the Federal Highway
Administration for fiscal year 2008 for the Interstate Maintenance
Discretionary program under section 118(c) of title 23, United States
Code, the Ferry Boats and Ferry Terminal Facilities program under
section 147 of title 23, United States Code (excluding the setaside for projects on the National Highway System authorized by
section 147(b) of such title), the Public Lands Highways Discretionary program under section 202(b)(1)(A) of title 23, United States
Code, and the Transportation, Community and System Preservation
program under section 1117 of Public Law 109–59 in excess of
the amounts so set aside by the first clause of this section for
such programs, projects and activities in the explanatory statement
accompanying this Act are rescinded: Provided further, That
amounts authorized within the Federal Railroad Administration
for fiscal year 2008 for Rail-highway Crossing Hazard Eliminations
under section 104(d)(2)(A) of title 23, United States Code (excluding
the set-aside for certain improvements authorized by section
104(d)(2)(E) of such title), in excess of the amounts so set aside
by the first clause of this section for such programs, projects and
activities in the explanatory statement accompanying this Act are
rescinded.
SEC. 187. Notwithstanding any other provisions of law, rule
or regulation, the Secretary of Transportation is authorized to allow
the issuer of any preferred stock heretofore sold to the Department
to redeem or repurchase such stock upon the payment to the Department of an amount determined by the Secretary.
SEC. 188. None of the funds in this Act to the Department
of Transportation may be used to make a grant unless the Secretary
of Transportation notifies the House and Senate Committees on
Appropriations not less than 3 full business days before any discretionary grant award, letter of intent, or full funding grant agreement totaling $500,000 or more is announced by the department
or its modal administrations from: (1) any discretionary grant program of the Federal Highway Administration including the emergency relief program; (2) the airport improvement program of the
Federal Aviation Administration; or (3) any program of the Federal
Transit Administration other than the formula grants and fixed
guideway modernization programs: Provided, That the Secretary
gives concurrent notification to the House and Senate Committees
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PUBLIC LAW 110–161—DEC. 26, 2007
121 STAT. 2407
on Appropriations for any ‘‘quick release’’ of funds from the emergency relief program: Provided further, That no notification shall
involve funds that are not available for obligation.
SEC. 189. Rebates, refunds, incentive payments, minor fees
and other funds received by the Department of Transportation
from travel management centers, charge card programs, the subleasing of building space, and miscellaneous sources are to be
credited to appropriations of the Department of Transportation
and allocated to elements of the Department of Transportation
using fair and equitable criteria and such funds shall be available
until expended.
SEC. 190. Amounts made available in this or any other Act
that the Secretary determines represent improper payments by
the Department of Transportation to a third party contractor under
a financial assistance award, which are recovered pursuant to law,
shall be available—
(1) to reimburse the actual expenses incurred by the
Department of Transportation in recovering improper payments; and
(2) to pay contractors for services provided in recovering
improper payments or contractor support in the implementation
of the Improper Payments Information Act of 2002: Provided,
That amounts in excess of that required for paragraphs (1)
and (2)—
(A) shall be credited to and merged with the appropriation from which the improper payments were made, and
shall be available for the purposes and period for which
such appropriations are available; or
(B) if no such appropriation remains available, shall
be deposited in the Treasury as miscellaneous receipts:
Provided, That prior to the transfer of any such recovery
to an appropriations account, the Secretary shall notify
the House and Senate Committees on Appropriations of
the amount and reasons for such transfer: Provided further,
That for purposes of this section, the term ‘‘improper payments’’, has the same meaning as that provided in section
2(d)(2) of Public Law 107–300.
SEC. 191. (a) Funds provided in Public Law 102–143 in the
item relating to ‘‘Highway Bypass Demonstration Project’’ shall
be available for the improvement of Route 101 in the vicinity
of Prunedale, Monterey County, California.
(b) Funds provided under section 378 of the Department of
Transportation and Related Agencies Appropriations Act, 2001
(Public Law 106–346, 114 Stat. 1356, 1356A–41), for the reconstruction of School Road East in Marlboro Township, New Jersey, shall
be available for the Spring Valley Road Project in Marlboro Township, New Jersey.
(c) Notwithstanding any other provision of law, of the unexpended balance of funds made available in title I, chapter III,
of Public Law 97–216 (96 Stat. 180, 187) under the heading ‘‘Federal-aid Highway Program’’ to execute contracts to replace or
rehabilitate highway bridges, as designated on page 19 of House
Report 97–632, $5,000,000 shall be made available for East Chicago
Road Reconstruction, East Chicago, Indiana, and the remaining
unexpended funds shall be made available for Calumet Avenue
Grade Separation, Munster, Indiana.
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Deadline.
Website.
5 USC app. 6
note.
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PUBLIC LAW 110–161—DEC. 26, 2007
(d) Of the unobligated balance appropriated under the heading
‘‘Highway Demonstration Projects’’ in title I of Public Law 102–
143 (105 Stat. 929) that was allocated for Routes 70/38 Circle
Elimination, New Jersey, $1,500,000 shall be transferred to, and
made available for, the Delaware Street Bridge Replacement
Project, (CR640) Bridge over Mathews Branch in West Deptford
Township, New Jersey.
SEC. 192. Notwithstanding any other provision of law, if any
funds provided in or limited by this Act are subject to a reprogramming action that requires notice to be provided to the House and
Senate Committees on Appropriations, said reprogramming action
shall be approved or denied solely by the Committees on Appropriations: Provided, That the Secretary may provide notice to other
congressional committees of the action of the Committees on Appropriations on such reprogramming but not sooner than 30 days
following the date on which the reprogramming action has been
approved or denied by the House and Senate Committees on Appropriations.
SEC. 193. (a) None of the funds appropriated or otherwise
made available under this Act to the Surface Transportation Board
of the Department of Transportation may be used to take any
action to allow any activity described in subsection (b) in a case,
matter, or declaratory order involving a railroad, or an entity
claiming or seeking authority to operate as a railroad, unless the
Board receives written assurance from the Governor, or the Governor’s designee, of the State in which such activity will occur
that such railroad or entity has agreed to comply with State and
local regulations that establish public health, safety, and environmental standards for the activities described in subsection (b),
other than zoning laws or regulations.
(b) Activities referred to in subsection (a) are activities that
occur at a solid waste rail transfer facility involving—
(1) the collection, storage, or transfer of solid waste (as
defined in section 1004 of the Solid Waste Disposal Act (42
U.S.C. 6903)) outside of original shipping containers; or
(2) the separation or processing of solid waste (including
baling, crushing, compacting, and shredding).
SEC. 194. None of the funds appropriated or otherwise made
available under this Act may be used by the Surface Transportation
Board of the Department of Transportation to charge or collect
any filing fee for rate complaints filed with the Board in an amount
in excess of the amount authorized for district court civil suit
filing fees under section 1914 of title 28, United States Code.
SEC. 195. Not later than 30 days after the date of enactment
of this Act, the Secretary of Transportation shall establish and
maintain on the homepage of the Internet website of the Department of Transportation—
(1) a direct link to the Internet website of the Office of
Inspector General of the Department of Transportation; and
(2) a mechanism by which individuals may anonymously
report cases of waste, fraud, or abuse with respect to the
Department of Transportation.
SEC. 196. None of the funds appropriated or otherwise made
available by this Act may be obligated or expended by the Administrator of the Federal Aviation Administration to displace, reassign,
reduce the salary of, or subject to a reduction in force any employee
at the Academy or discontinue the use of the FAA Academy as
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121 STAT. 2409
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the primary training facility for air traffic controller training as
a result of implementing the Air Traffic Control Optimum Training
Solution in its entirety, prior to September 30, 2008.
SEC. 197. PROHIBITION ON IMPOSITION AND COLLECTION OF
TOLLS ON CERTAIN HIGHWAYS CONSTRUCTED USING FEDERAL
FUNDS. (a) DEFINITIONS.—In this section:
(1) FEDERAL HIGHWAY FACILITY.—
(A) IN GENERAL.—The term ‘‘Federal highway facility’’
means—
(i) any highway, bridge, or tunnel on the Interstate
System that is constructed using Federal funds; or
(ii) any United States highway.
(B) EXCLUSION.—The term ‘‘Federal highway facility’’
does not include any right-of-way for any highway, bridge,
or tunnel described in subparagraph (A).
(2) TOLLING PROVISION.—The term ‘‘tolling provision’’
means section 1216(b) of the Transportation Equity Act for
the 21st Century (23 U.S.C. 129 note; 112 Stat. 212);
(b) PROHIBITION.—
(1) IN GENERAL.—None of the funds made available by
this Act shall be used to consider or approve an application
to permit the imposition or collection of any toll on any portion
of a Federal highway facility in the State of Texas—
(A)(i) that is in existence on the date of enactment
of this Act; and
(ii) on which no toll is imposed or collected under
a tolling provision on that date of enactment; or
(B) that would result in the Federal highway facility
having fewer non-toll lanes than before the date on which
the toll was first imposed or collected.
(2) EXEMPTION.—Paragraph (1) shall not apply to the
imposition or collection of a toll on a Federal highway facility—
(A) on which a toll is imposed or collected under a
tolling provision on the date of enactment of this Act;
or
(B) that is constructed, under construction, or the subject of an application for construction submitted to the
Secretary, after the date of enactment of this Act.
(c) STATE BUY-BACK.—None of the funds made available by
this Act shall be used to impose or collect a toll on a Federal
highway facility in the State of Texas that is purchased by the
State of Texas on or after the date of enactment of this Act.
SEC. 198. Notwithstanding any other provision of law, the
funding made available for the Schuylkill Valley Metro project
through the Department of Transportation Appropriations Acts for
Federal Fiscal Years 2004 and 2005 shall remain available for
that project during fiscal year 2008.
This title may be cited as the ‘‘Department of Transportation
Appropriations Act, 2008’’.
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121 STAT. 2410
TITLE II
Department of
Housing and
Urban
Development
Appropriations
Act, 2008.
Notification.
Notification.
Notification.
PUBLIC LAW 110–161—DEC. 26, 2007
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
EXECUTIVE DIRECTION
For necessary salaries and expenses for Executive Direction,
$24,980,000, of which not to exceed $3,930,000 shall be available
for the immediate Office of the Secretary and Deputy Secretary;
not to exceed $1,580,000 shall be available for the Office of Hearings
and Appeals; not to exceed $510,000 shall be available for the
Office of Small and Disadvantaged Business Utilization, not to
exceed $725,000 shall be available for the immediate Office of
the Chief Financial Officer; not to exceed $1,155,000 shall be available for the immediate Office of the General Counsel; not to exceed
$2,670,000 shall be available to the Office of the Assistant Secretary
for Congressional and Intergovernmental Relations; not to exceed
$2,520,000 shall be for the Office of the Assistant Secretary for
Public Affairs; not to exceed $1,630,000 shall be available for the
Office of the Assistant Secretary for Administration; not to exceed
$1,620,000 shall be available to the Office of the Assistant Secretary
for Public and Indian Housing; not to exceed $1,520,000 shall be
available to the Office of the Assistant Secretary for Community
Planning and Development; not to exceed $3,600,000 shall be available to the Office of the Assistant Secretary for Housing, Federal
Housing Commissioner; not to exceed $1,570,000 shall be available
to the Office of the Assistant Secretary for Policy Development
and Research; and not to exceed $1,950,000 shall be available
to the Office of the Assistant Secretary for Fair Housing and Equal
Opportunity: Provided, That the Secretary of the Department of
Housing and Urban Development is authorized to transfer funds
appropriated for any office funded under this heading to any other
office funded under this heading following the written notification
to the House and Senate Committees on Appropriations: Provided
further, That no appropriation for any office shall be increased
or decreased by more than 5 percent by all such transfers: Provided
further, That notice of any change in funding greater than 5 percent
shall be submitted for prior approval to the House and Senate
Committees on Appropriations: Provided further, That the Secretary
shall provide the Committees on Appropriations quarterly written
notification regarding the status of pending congressional reports:
Provided further, That not to exceed $25,000 of the amount made
available under this paragraph for the immediate Office of the
Secretary shall be available for official reception and representation
expenses as the Secretary may determine.
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ADMINISTRATION, OPERATIONS AND MANAGEMENT
For necessary salaries and expenses for administration, operations and management for the Department of Housing and Urban
Development, $493,630,000, of which not to exceed $69,070,000
shall be available for the personnel compensation and benefits
of the Office of Administration; not to exceed $10,630,000 shall
be available for the personnel compensation and benefits of the
Office of Departmental Operations and Coordination; not to exceed
$51,300,000 shall be available for the personnel compensation and
benefits of the Office of Field Policy and Management; not to exceed
$12,370,000 shall be available for the personnel compensation and
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PUBLIC LAW 110–161—DEC. 26, 2007
121 STAT. 2411
benefits of the Office of the Chief Procurement Officer; not to
exceed $31,600,000 shall be available for the personnel compensation and benefits of the remaining staff in the Office of the Chief
Financial Officer; not to exceed $80,670,000 shall be available for
the personnel compensation and benefits of the remaining staff
of the Office of the General Counsel; not to exceed $2,810,000
shall be available for the personnel compensation and benefits
of the Office of Departmental Equal Employment Opportunity; not
to exceed $1,160,000 shall be available for the personnel compensation and benefits for the Center for Faith-Based and Community
Initiatives; not to exceed $234,020,000 shall be available for nonpersonnel expenses of the Department of Housing and Urban
Development: Provided, That, funds provided under the heading
may be used for necessary administrative and non-administrative
expenses of the Department of Housing and Urban Development,
not otherwise provided for, including purchase of uniforms, or allowances therefor, as authorized by 5 U.S.C. 5901–5902; hire of passenger motor vehicles; services as authorized by 5 U.S.C. 3109:
Provided further, That notwithstanding any other provision of law,
funds appropriated under this heading may be used for advertising
and promotional activities that support the housing mission area:
Provided further, That the Secretary of Housing and Urban Development is authorized to transfer funds appropriated for any office
included in Administration, Operations and Management to any
other office included in Administration, Operations and Management only after such transfer has been submitted to, and received
prior written approval by, the House and Senate Committees on
Appropriations: Provided further, That no appropriation for any
office shall be increased or decreased by more than 10 percent
by all such transfers.
PUBLIC AND INDIAN HOUSING PERSONNEL COMPENSATION AND
BENEFITS
For necessary personnel compensation and benefits expenses
of the Office of Public and Indian Housing, $173,310,000.
COMMUNITY PLANNING AND DEVELOPMENT PERSONNEL
COMPENSATION AND BENEFITS
For necessary personnel compensation and benefits expenses
of the Office of Community Planning and Development mission
area, $90,310,000.
HOUSING PERSONNEL COMPENSATION AND BENEFITS
For necessary personnel compensation and benefits expenses
of the Office of Housing, $334,450,000.
OFFICE OF THE GOVERNMENT NATIONAL MORTGAGE ASSOCIATION
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PERSONNEL COMPENSATION AND BENEFITS
For necessary personnel compensation and benefits expenses
of the Office of the Government National Mortgage Association,
$8,250,000.
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121 STAT. 2412
PUBLIC LAW 110–161—DEC. 26, 2007
POLICY DEVELOPMENT AND RESEARCH PERSONNEL COMPENSATION
AND BENEFITS
For necessary personnel compensation and benefits expenses
of the Office of Policy Development and Research, $16,950,000.
FAIR HOUSING AND EQUAL OPPORTUNITY PERSONNEL COMPENSATION
AND BENEFITS
For necessary personnel compensation and benefits expenses
of the Office of Fair Housing and Equal Opportunity, $63,140,000.
OFFICE OF HEALTHY HOMES AND LEAD HAZARD CONTROL
PERSONNEL COMPENSATION AND BENEFITS
For necessary personnel compensation and benefits expenses
of the Office of Healthy Homes and Lead Hazard Control,
$6,980,000.
PUBLIC
AND INDIAN
HOUSING
TENANT-BASED RENTAL ASSISTANCE
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(INCLUDING
TRANSFER OF FUNDS)
For activities and assistance for the provision of tenant-based
rental assistance authorized under the United States Housing Act
of 1937, as amended (42 U.S.C. 1437 et seq.) (‘‘the Act’’ herein),
not otherwise provided for, $16,391,000,000, to remain available
until expended, of which $12,233,000,000 shall be available on
October 1, 2007, and $4,158,000,000 shall be available on October
1, 2008: Provided, That the amounts made available under this
heading are provided as follows:
(1) $14,694,506,000 for renewals of expiring section 8 tenant-based annual contributions contracts (including renewals
of enhanced vouchers under any provision of law authorizing
such assistance under section 8(t) of the Act): Provided, That
notwithstanding any other provision of law, from amounts provided under this paragraph and any carryover, the Secretary
for the calendar year 2008 funding cycle shall provide renewal
funding for each public housing agency based on voucher
management system (VMS) leasing and cost data for the most
recent Federal fiscal year and by applying the 2008 Annual
Adjustment Factor as established by the Secretary, and by
making any necessary adjustments for the costs associated
with deposits to family self-sufficiency program escrow accounts
or the first-time renewal of tenant protection or HOPE VI
vouchers or vouchers that were not in use during the 12month period in order to be available to meet a commitment
pursuant to section 8(o)(13) of the Act: Provided further, That
notwithstanding the first proviso, except for applying the 2008
Annual Adjustment Factor and making any other specified
adjustments, public housing agencies specified in category 1
below shall receive funding for calendar year 2008 based on
the higher of the amounts the agencies would receive under
the first proviso or the amounts the agencies received in calendar year 2007, and public housing agencies specified in categories 2 and 3 below shall receive funding for calendar year
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PUBLIC LAW 110–161—DEC. 26, 2007
121 STAT. 2413
2008 equal to the amounts the agencies received in calendar
year 2007, except that public housing agencies specified in
categories 1 and 2 below shall receive funding under this proviso only if, and to the extent that, any such public housing
agency submits a plan, approved by the Secretary, that demonstrates that the agency can effectively use within 12 months
the funding that the agency would receive under this proviso
that is in addition to the funding that the agency would receive
under the first proviso: (1) public housing agencies that are
eligible for assistance under section 901 in Public Law 109–
148 (119 Stat. 2781) or are located in the same counties as
those eligible under section 901 and operate voucher programs
under section 8(o) of the United States Housing Act of 1937
but do not operate public housing under section 9 of such
Act, and any public housing agency that otherwise qualifies
under this category must demonstrate that they have experienced a loss of rental housing stock as a result of the 2005
hurricanes; (2) public housing agencies that would receive less
funding under the first proviso than they would receive under
this proviso and that have been placed in receivership within
the 24 months preceding the date of enactment of this Act;
and (3) public housing agencies that spent more in calendar
year 2007 than the total of the amounts of any such public
housing agency’s allocation amount for calendar year 2007 and
the amount of any such public housing agency’s available
housing assistance payments undesignated funds balance from
calendar year 2006 and the amount of any such public housing
agency’s available administrative fees undesignated funds balance through calendar year 2007: Provided further, That notwithstanding the first two provisos under this paragraph, the
amount of calendar year 2008 renewal funding for any agency
otherwise authorized under such provisos shall be reduced by
the amount of any unusable amount (as determined by the
Secretary, due to limits in this paragraph with respect to an
agency’s authorized level of units under contract) in such
agency’s net restricted assets account, in accordance with the
most recent VMS data in calendar year 2007 that is verifiable
and complete, which exceeds 7 percent of the amount of renewal
funding allocated to the agency for the calendar year 2007
funding cycle pursuant to section 21033 of Public Law 110–
5, as amended by section 4802 of Public Law 110–28: Provided
further, That up to $50,000,000 shall be available only: (1)
to adjust the allocations for public housing agencies, after
application for an adjustment by a public housing agency that
experienced a significant increase, as determined by the Secretary, in renewal costs from portability under section 8(r)
of the Act of tenant-based rental assistance; and (2) for adjustments for public housing agencies with voucher leasing rates
at the end of the calendar year that exceed the average leasing
for the 12-month period used to establish the allocation: Provided further, That none of the funds provided under this
paragraph may be used to support a total number of unit
months under lease which exceeds a public housing agency’s
authorized level of units under contract: Provided further, That
the Secretary shall, to the extent necessary to stay within
the amount specified under this paragraph, after subtracting
$723,257,000 from such amount, pro rate each public housing
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121 STAT. 2414
agency’s allocation otherwise established pursuant to this paragraph: Provided further, That except as provided in the last
proviso, the entire amount specified under this paragraph,
except for $723,257,000 shall be obligated to the public housing
agencies based on the allocation and pro rata method described
above and the Secretary shall notify public housing agencies
of their annual budget not later than 60 days after enactment
of this Act: Provided further, That the Secretary may extend
the 60 day notification period with the written approval of
the House and Senate Committees on Appropriations: Provided
further, That public housing agencies participating in the
Moving to Work demonstration shall be funded pursuant to
their Moving to Work agreements and shall be subject to the
same pro rata adjustments under the previous proviso.
(2) $200,000,000 for section 8 rental assistance for relocation and replacement of housing units that are demolished
or disposed of pursuant to the Omnibus Consolidated Rescissions and Appropriations Act of 1996 (Public Law 104–134),
conversion of section 23 projects to assistance under section
8, the family unification program under section 8(x) of the
Act, relocation of witnesses in connection with efforts to combat
crime in public and assisted housing pursuant to a request
from a law enforcement or prosecution agency, enhanced
vouchers under any provision of law authorizing such assistance
under section 8(t) of the Act, HOPE VI vouchers, mandatory
and voluntary conversions, and tenant protection assistance
including replacement and relocation assistance: Provided, That
the Secretary shall provide replacement vouchers for all units
that were occupied within the previous 24 months that cease
to be available as assisted housing due to demolition, disposition, or conversion, subject only to the availability of funds.
(3) $49,000,000 for family self-sufficiency coordinators
under section 23 of the Act.
(4) up to $6,494,000 may be transferred to the Working
Capital Fund.
(5) $1,351,000,000 for administrative and other expenses
of public housing agencies in administering the section 8 tenantbased rental assistance program and which up to $35,000,000
shall be available to the Secretary to allocate to public housing
agencies that need additional funds to administer their section
8 programs, with up to $30,000,000 to be for fees associated
with section 8 tenant protection rental assistance: Provided,
That no less than $1,316,000,000 of the amount provided in
this paragraph shall be allocated for the calendar year 2008
funding cycle on a basis to public housing agencies as provided
in section 8(q) of the Act as in effect immediately before the
enactment of the Quality Housing and Work Responsibility
Act of 1998 (Public Law 105–276).
(6) $20,000,000 for incremental voucher assistance through
the Family Unification Program.
(7) $75,000,000 for incremental rental voucher assistance
for use through a supported housing program administered
in conjunction with the Department of Veterans Affairs as
authorized under section 8(o)(19) of the United States Housing
Act of 1937: Provided, That the Secretary of Housing and
Urban Development shall make such funding available, notwithstanding section 204 (competition provision) of this title,
Notification.
Deadline.
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Vouchers.
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PUBLIC LAW 110–161—DEC. 26, 2007
121 STAT. 2415
to public housing agencies that partner with eligible VA Medical
Centers or other entities as designated by the Secretary of
the Department of Veterans Affairs, based on geographical
need for such assistance as identified by the Secretary of the
Department of Veterans Affairs, public housing agency administrative performance, and other factors as specified by the Secretary of Housing and Urban Development in consultation with
the Secretary of the Department of Veterans Affairs: Provided
further, That the Secretary of Housing and Urban Development
may waive, or specify alternative requirements for (in consultation with the Secretary of the Department of Veterans Affairs),
any provision of any statute or regulation that the Secretary
of Housing and Urban Development administers in connection
with the use of funds made available under this paragraph
(except for requirements related to fair housing, nondiscrimination, labor standards, and the environment), upon a finding
by the Secretary that any such waivers or alternative requirements are necessary for the effective delivery and administration of such voucher assistance: Provided further, That assistance made available under this paragraph shall continue to
remain available for homeless veterans upon turn-over.
(8) $30,000,000 for incremental vouchers under section 8
of the Act for nonelderly disabled families affected by the designation of a public housing development under section 7 of
the Act, the establishment of preferences in accordance with
section 651 of the Housing and Community Development Act
of 1992 (42 U.S.C. 13611), or the restriction of occupancy to
elderly families in accordance with section 658 of such Act
(42 U.S.C. 13618), and to the extent the Secretary determines
that such amount is not needed to fund applications for such
affected families, for other nonelderly disabled families.
Waiver authority.
HOUSING CERTIFICATE FUND
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(RESCISSION)
Of the unobligated balances, including recaptures and carryover, remaining from funds appropriated to the Department of
Housing and Urban Development under this heading, the heading
‘‘Annual Contributions for Assisted Housing’’, the heading ‘‘TenantBased Rental Assistance’’, and the heading ‘‘Project-Based Rental
Assistance’’, for fiscal year 2007 and prior years, $1,250,000,000
are rescinded, to be effected by the Secretary of Housing and Urban
Development no later than September 30, 2008: Provided, That
if insufficient funds exist under these headings, the remaining
balance may be derived from any other heading under this title:
Provided further, That the Secretary shall notify the Committees
on Appropriations 30 days in advance of the rescission of any
funds derived from the headings specified above: Provided further,
That any such balances governed by reallocation provisions under
the statute authorizing the program for which the funds were
originally appropriated shall be available for the rescission: Provided further, That any obligated balances of contract authority
from fiscal year 1974 and prior that have been terminated shall
be cancelled.
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Deadline.
Notification.
Deadline.
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121 STAT. 2416
PUBLIC LAW 110–161—DEC. 26, 2007
PROJECT-BASED RENTAL ASSISTANCE
(INCLUDING
TRANSFER OF FUNDS)
For activities and assistance for the provision of project-based
subsidy contracts under the United States Housing Act of 1937
(42 U.S.C. 1437 et seq.) (‘‘the Act’’), not otherwise provided for,
$6,381,810,000, to remain available until expended: Provided, That
the amounts made available under this heading are provided as
follows:
(1) Up to $6,139,122,000 for expiring or terminating section
8 project-based subsidy contracts (including section 8 moderate
rehabilitation contracts), for amendments to section 8 projectbased subsidy contracts (including section 8 moderate
rehabilitation contracts), for contracts entered into pursuant
to section 441 of the McKinney-Vento Homeless Assistance
Act (42 U.S.C. 11401), for renewal of section 8 contracts for
units in projects that are subject to approved plans of action
under the Emergency Low Income Housing Preservation Act
of 1987 or the Low-Income Housing Preservation and Resident
Homeownership Act of 1990, and for administrative and other
expenses associated with project-based activities and assistance
funded under this paragraph.
(2) Not less than $238,728,000 but not to exceed
$286,230,000 for performance-based contract administrators for
section 8 project-based assistance: Provided, That the Secretary
of Housing and Urban Development may also use such amounts
for performance-based contract administrators for: interest
reduction payments pursuant to section 236(a) of the National
Housing Act (12 U.S.C. 1715z–1(a)); rent supplement payments
pursuant to section 101 of the Housing and Urban Development
Act of 1965 (12 U.S.C. 1701s); section 236(f)(2) rental assistance
payments (12 U.S.C. 1715z–1(f)(2)); project rental assistance
contracts for the elderly under section 202(c)(2) of the Housing
Act of 1959 (12 U.S.C. 1701q); project rental assistance contracts for supportive housing for persons with disabilities under
section 811(d)(2) of the Cranston-Gonzalez National Affordable
Housing Act (42 U.S.C. 8013(d)(2)); project assistance contracts
pursuant to section 202(h) of the Housing Act of 1959 (Public
Law 86–372; 73 Stat. 667); and loans under section 202 of
the Housing Act of 1959 (Public Law 86–372; 73 Stat. 667).
(3) Not to exceed $3,960,000 may be transferred to the
Working Capital Fund.
(4) Amounts recaptured under this heading, the heading
‘‘Annual Contributions for Assisted Housing’’, or the heading
‘‘Housing Certificate Fund’’ may be used for renewals of or
amendments to section 8 project-based contracts or for performance-based contract administrators, notwithstanding the purposes for which such amounts were appropriated.
PUBLIC HOUSING CAPITAL FUND
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(INCLUDING
TRANSFER OF FUNDS)
For the Public Housing Capital Fund Program to carry out
capital and management activities for public housing agencies, as
authorized under section 9 of the United States Housing Act of
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PUBLIC LAW 110–161—DEC. 26, 2007
121 STAT. 2417
1937 (42 U.S.C. 1437g) (the ‘‘Act’’) $2,438,964,000, to remain available until September 30, 2011: Provided, That notwithstanding
any other provision of law or regulation, during fiscal year 2008
the Secretary of Housing and Urban Development may not delegate
to any Department official other than the Deputy Secretary and
the Assistant Secretary for Public and Indian Housing any authority
under paragraph (2) of section 9(j) regarding the extension of the
time periods under such section: Provided further, That for purposes
of such section 9(j), the term ‘‘obligate’’ means, with respect to
amounts, that the amounts are subject to a binding agreement
that will result in outlays, immediately or in the future: Provided
further, That of the total amount provided under this heading,
up to $12,000,000 shall be for carrying out activities under section
9(h) of such Act; not to exceed $16,847,000 may be transferred
to the Working Capital Fund; and up to $15,345,000 shall be
to support the ongoing Public Housing Financial and Physical
Assessment activities of the Real Estate Assessment Center (REAC):
Provided further, That no funds may be used under this heading
for the purposes specified in section 9(k) of the Act: Provided further,
That of the total amount provided under this heading, not to exceed
$18,500,000 shall be available for the Secretary to make grants,
notwithstanding section 204 of this Act, to public housing agencies
for emergency capital needs resulting from unforeseen or unpreventable emergencies and natural disasters occurring in fiscal year
2008: Provided further, That of the total amount provided under
this heading, $40,000,000 shall be for supportive services, service
coordinators and congregate services as authorized by section 34
of the Act (42 U.S.C. 1437z–6) and the Native American Housing
Assistance and Self-Determination Act of 1996 (25 U.S.C. 4101
et seq.): Provided further, That of the total amount provided under
this heading up to $8,820,000 is to support the costs of administrative and judicial receiverships: Provided further, That from the
funds made available under this heading, the Secretary shall provide bonus awards in fiscal year 2008 to public housing agencies
that are designated high performers.
PUBLIC HOUSING OPERATING FUND
For 2008 payments to public housing agencies for the operation
and management of public housing, as authorized by section 9(e)
of the United States Housing Act of 1937 (42 U.S.C. 1437g(e)),
$4,200,000,000; of which $5,940,000 shall be for competitive grants
and contracts to third parties for the provision of technical assistance to public housing agencies related to the transition and
implementation of asset-based management in public housing: Provided, That, in fiscal year 2008 and all fiscal years hereafter,
no amounts under this heading in any appropriations Act may
be used for payments to public housing agencies for the costs
of operation and management of public housing for any year prior
to the current year of such Act: Provided further, That no funds
may be used under this heading for the purposes specified in
section 9(k) of the United States Housing Act of 1937.
42 USC 1437g
note.
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REVITALIZATION OF SEVERELY DISTRESSED PUBLIC HOUSING (HOPE VI)
For grants to public housing agencies for demolition, site
revitalization, replacement housing, and tenant-based assistance
grants to projects as authorized by section 24 of the United States
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121 STAT. 2418
PUBLIC LAW 110–161—DEC. 26, 2007
Housing Act of 1937 (42 U.S.C. 1437v), $100,000,000, to remain
available until September 30, 2008, of which the Secretary of
Housing and Urban Development shall use $2,400,000 for technical
assistance and contract expertise, to be provided directly or
indirectly by grants, contracts or cooperative agreements, including
training and cost of necessary travel for participants in such
training, by or to officials and employees of the department and
of public housing agencies and to residents: Provided, That none
of such funds shall be used directly or indirectly by granting
competitive advantage in awards to settle litigation or pay judgments, unless expressly permitted herein.
NATIVE AMERICAN HOUSING BLOCK GRANTS
For the Native American Housing Block Grants program, as
authorized under title I of the Native American Housing Assistance
and Self-Determination Act of 1996 (NAHASDA) (25 U.S.C. 4111
et seq.), $630,000,000, to remain available until expended: Provided,
That, notwithstanding the Native American Housing Assistance
and Self-Determination Act of 1996, to determine the amount of
the allocation under title I of such Act for each Indian tribe, the
Secretary shall apply the formula under section 302 of such Act
with the need component based on single-race Census data and
with the need component based on multi-race Census data, and
the amount of the allocation for each Indian tribe shall be the
greater of the two resulting allocation amounts: Provided further,
That of the amounts made available under this heading, $2,000,000
shall be contracted for assistance for a national organization representing Native American Housing interests for providing training
and technical assistance to Indian Housing authorities and tribally
designated housing entities as authorized under NAHASDA; and
$4,250,000 shall be to support the inspection of Indian housing
units, contract expertise, training, and technical assistance in the
training, oversight, and management of such Indian housing and
tenant-based assistance, including up to $300,000 for related travel:
Provided further, That of the amount provided under this heading,
$1,980,000 shall be made available for the cost of guaranteed notes
and other obligations, as authorized by title VI of NAHASDA:
Provided further, That such costs, including the costs of modifying
such notes and other obligations, shall be as defined in section
502 of the Congressional Budget Act of 1974, as amended: Provided
further, That these funds are available to subsidize the total principal amount of any notes and other obligations, any part of which
is to be guaranteed, not to exceed $17,000,000.
NATIVE HAWAIIAN HOUSING BLOCK GRANT
For the Native Hawaiian Housing Block Grant program, as
authorized under title VIII of the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4111 et seq.),
$9,000,000, to remain available until expended, of which $300,000
shall be for training and technical assistance activities.
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INDIAN HOUSING LOAN GUARANTEE FUND PROGRAM ACCOUNT
For the cost of guaranteed loans, as authorized by section
184 of the Housing and Community Development Act of 1992 (12
U.S.C. 1715z–13a), $7,450,000, to remain available until expended:
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PUBLIC LAW 110–161—DEC. 26, 2007
121 STAT. 2419
Provided, That such costs, including the costs of modifying such
loans, shall be as defined in section 502 of the Congressional Budget
Act of 1974: Provided further, That these funds are available to
subsidize total loan principal, any part of which is to be guaranteed,
up to $367,000,000.
NATIVE HAWAIIAN HOUSING LOAN GUARANTEE FUND PROGRAM
ACCOUNT
For the cost of guaranteed loans, as authorized by section
184A of the Housing and Community Development Act of 1992
(12 U.S.C. 1715z–13b), $1,044,000, to remain available until
expended: Provided, That such costs, including the costs of modifying such loans, shall be as defined in section 502 of the Congressional Budget Act of 1974: Provided further, That these funds
are available to subsidize total loan principal, any part of which
is to be guaranteed, not to exceed $41,504,255.
COMMUNITY PLANNING
AND
DEVELOPMENT
HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS
(INCLUDING
TRANSFER OF FUNDS)
For carrying out the Housing Opportunities for Persons with
AIDS program, as authorized by the AIDS Housing Opportunity
Act (42 U.S.C. 12901 et seq.), $300,100,000, to remain available
until September 30, 2009, except that amounts allocated pursuant
to section 854(c)(3) of such Act shall remain available until September 30, 2010: Provided, That the Secretary shall renew all
expiring contracts for permanent supportive housing that were
funded under section 854(c)(3) of such Act that meet all program
requirements before awarding funds for new contracts and activities
authorized under this section: Provided further, That the Secretary
may use not to exceed $1,485,000 of the funds under this heading
for training, oversight, and technical assistance activities; and not
to exceed $1,485,000 may be transferred to the Working Capital
Fund.
RURAL HOUSING AND ECONOMIC DEVELOPMENT
For the Office of Rural Housing and Economic Development
in the Department of Housing and Urban Development,
$17,000,000, to remain available until expended, which amount
shall be competitively awarded by September 1, 2008, to Indian
tribes, State housing finance agencies, State community and/or
economic development agencies, local rural nonprofits and community development corporations to support innovative housing and
economic development activities in rural areas.
COMMUNITY DEVELOPMENT FUND
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(INCLUDING
TRANSFER OF FUNDS)
For assistance to units of State and local government, and
to other entities, for economic and community development activities, and for other purposes, $3,865,800,000, to remain available
until September 30, 2010, unless otherwise specified: Provided,
That of the amount provided, $3,593,430,000 is for carrying out
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121 STAT. 2420
PUBLIC LAW 110–161—DEC. 26, 2007
the community development block grant program under title I of
the Housing and Community Development Act of 1974, as amended
(the ‘‘Act’’ herein) (42 U.S.C. 5301 et seq.): Provided further, That
unless explicitly provided for under this heading (except for planning grants provided in the second paragraph and amounts made
available under the third paragraph), not to exceed 20 percent
of any grant made with funds appropriated under this heading
shall be expended for planning and management development and
administration: Provided further, That not to exceed $1,570,000
may be transferred to the Working Capital Fund: Provided further,
That $3,000,000 is for technical assistance as authorized by section
107(b)(4) of such Act: Provided further, That $62,000,000 shall
be for grants to Indian tribes notwithstanding section 106(a)(1)
of such Act, of which, notwithstanding any other provision of law
(including section 305 of this Act), up to $3,960,000 may be used
for emergencies that constitute imminent threats to health and
safety.
Of the amount made available under this heading, $179,830,000
shall be available for grants for the Economic Development Initiative (EDI) to finance a variety of targeted economic investments
in accordance with the terms and conditions specified in the
explanatory statement accompanying this Act: Provided, That the
amount made available for each grant shall be at the level of
98 percent of the corresponding amount cited in said explanatory
statement: Provided further, That none of the funds provided under
this paragraph may be used for program operations: Provided further, That, for fiscal years 2006, 2007, and 2008, no unobligated
funds for EDI grants may be used for any purpose except acquisition, planning, design, purchase of equipment, revitalization,
redevelopment or construction.
Of the amount made available under this heading, $25,970,000
shall be available for neighborhood initiatives that are utilized
to improve the conditions of distressed and blighted areas and
neighborhoods, to stimulate investment, economic diversification,
and community revitalization in areas with population outmigration
or a stagnating or declining economic base, or to determine whether
housing benefits can be integrated more effectively with welfare
reform initiatives: Provided, That amounts made available under
this paragraph shall be provided in accordance with the terms
and conditions specified in the explanatory statement accompanying
this Act: Provided further, That the amount made available for
each initiative shall be at the level of 98 percent of the corresponding amount cited in said explanatory statement.
The statement of managers correction referenced in the second
paragraph under this heading in title III of division A of Public
Law 109–115 is deemed to be amended with respect to item number
846 by striking ‘‘Mahonoy City, Pennsylvania for improvements
to West Market Street’’ and inserting ‘‘Mahanoy City, Pennsylvania
for improvements to Centre Street’’.
The statement of managers correction referenced in the second
paragraph under this heading in title III of division A of Public
Law 109–115 is deemed to be amended with respect to item number
250 by striking ‘‘for renovation and construction of a resource
center’’ and inserting ‘‘for construction of a homeless shelter’’.
The statement of managers correction referenced in the second
paragraph under this heading in title III of division A of Public
Law 109–115 is deemed to be amended with respect to item number
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PUBLIC LAW 110–161—DEC. 26, 2007
121 STAT. 2421
713 by striking ‘‘for construction of a senior center’’ and inserting
‘‘renovation and expansion of facilities’’.
The statement of managers correction referenced in the second
paragraph under this heading in title III of division A of Public
Law 109–115 is deemed to be amended with respect to item number
844 by striking ‘‘Liverpool Township’’ and inserting ‘‘Liverpool Borough’’.
The referenced statement of managers under this heading in
title II of division I of Public Law 108–447 is deemed to be amended
with respect to item number 36 by striking ‘‘respite care facility’’
and inserting ‘‘rehabilitative care facility for the developmentally
disabled’’.
The referenced statement of managers under this heading in
title II of division I of Public Law 108–7 is deemed to be amended
with respect to item number 608 by striking ‘‘construct’’ and
inserting ‘‘purchase and make improvements to facilities for’’.
The referenced statement of managers under this heading in
title II of division I of Public Law 108–447 is deemed to be amended
with respect to item number 521 by striking ‘‘Missouri’’ and
inserting ‘‘Metropolitan Statistical Area’’.
The referenced statement of managers under the heading
‘‘Community Development Fund’’ in title II of Public Law 108–
447 is deemed to be amended with respect to item number 203
by striking ‘‘equipment’’ and inserting ‘‘renovation and construction’’.
The referenced statement of managers under the heading
‘‘Community Development Fund’’ in title III of division A of Public
Law 109–115 is deemed to be amended with respect to item number
696 by striking ‘‘a Small Business Development Center’’ and
inserting ‘‘for revitalization costs at the College of Agriculture Biotechnology and Natural Resources’’.
The referenced statement of managers under the heading
‘‘Community Development Fund’’ in title III of division A of Public
Law 109–115 is deemed to be amended with respect to item number
460 by striking ‘‘Maine-Mawoshen One Country, Two Worlds
Project’’ and inserting ‘‘Sharing Maine’s Maritime Heritage
Project—Construction and access to exhibits’’.
The referenced statement of managers under the heading
‘‘Community Development Fund’’ in title III of division A of Public
Law 109–115 is deemed to be amended with respect to item number
914 by striking ‘‘the Pastime Theatre in Bristol, Rhode Island
for building improvements’’ and inserting ‘‘the Institute for the
Study and Practice of Nonviolence in Providence, Rhode Island
for building renovations’’.
The referenced statement of managers under the heading
‘‘Community Development Fund’’ in title III of division A of Public
Law 109–115 is deemed to be amended with respect to item number
918 by striking ‘‘South Kingstown’’ and inserting ‘‘Washington
County’’.
The referenced statement of managers under the heading
‘‘Community Development Fund’’ in title III of division A of Public
Law 109–115 is deemed to be amended with respect to item number
624 by striking ‘‘for the construction of a new technology building’’
and inserting ‘‘for renovations to the Wheeler Community Center’’.
The referenced statement of the managers under this heading
in Public Law 109–115 is deemed to be amended with respect
to item number 1065 by inserting ‘‘South’’ prior to ‘‘Burlington’’.
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121 STAT. 2422
PUBLIC LAW 110–161—DEC. 26, 2007
The referenced statement of managers under the heading
‘‘Community Development Fund’’ in title III of division A of Public
Law 109–115 is deemed to be amended with respect to item number
102 by striking ‘‘for preservation of the CA Mining and Mineral
Museum’’ and inserting ‘‘for planning, design, and construction
of the CA Mining and Mineral Museum’’ in its place.
COMMUNITY DEVELOPMENT LOAN GUARANTEES PROGRAM ACCOUNT
For the cost of guaranteed loans, $4,500,000, to remain available until September 30, 2009, as authorized by section 108 of
the Housing and Community Development Act of 1974 (42 U.S.C.
5308): Provided, That such costs, including the cost of modifying
such loans, shall be as defined in section 502 of the Congressional
Budget Act of 1974: Provided further, That these funds are available
to subsidize total loan principal, any part of which is to be guaranteed, not to exceed $205,000,000, notwithstanding any aggregate
limitation on outstanding obligations guaranteed in section 108(k)
of the Housing and Community Development Act of 1974, as
amended.
BROWNFIELDS REDEVELOPMENT
For competitive economic development grants, as authorized
by section 108(q) of the Housing and Community Development
Act of 1974, as amended, for Brownfields redevelopment projects,
$10,000,000, to remain available until September 30, 2009: Provided, That no funds made available under this heading may be
used to establish loan loss reserves for the section 108 Community
Development Loan Guarantee program.
HOME INVESTMENT PARTNERSHIPS PROGRAM
(INCLUDING
TRANSFER OF FUNDS)
For the HOME investment partnerships program, as authorized
under title II of the Cranston-Gonzalez National Affordable Housing
Act, as amended, $1,704,000,000, to remain available until September 30, 2010, of which not to exceed $3,465,000 may be transferred to the Working Capital Fund: Provided, That up to
$12,500,000 shall be available for technical assistance: Provided
further, That of the total amount provided in this paragraph, up
to $50,000,000 shall be available for housing counseling under
section 106 of the Housing and Urban Development Act of 1968:
Provided further, That, from amounts appropriated or otherwise
made available under this heading, $10,000,000 may be made available to promote broader participation in homeownership through
the American Dream Downpayment Initiative, as such initiative
is set forth under section 271 of the Cranston-Gonzalez National
Affordable Housing Act (42 U.S.C. 12821).
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SELF-HELP AND ASSISTED HOMEOWNERSHIP OPPORTUNITY PROGRAM
For the Self-Help and Assisted Homeownership Opportunity
Program, as authorized under section 11 of the Housing Opportunity
Program Extension Act of 1996, as amended, $60,000,000, to remain
available until September 30, 2010: Provided, That of the total
amount provided under this heading, $26,500,000 shall be made
available to the Self-Help and Assisted Homeownership Opportunity
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PUBLIC LAW 110–161—DEC. 26, 2007
121 STAT. 2423
Program as authorized under section 11 of the Housing Opportunity
Program Extension Act of 1996, as amended: Provided further,
That $33,500,000 shall be made available for the first four capacity
building activities authorized under section 4(a) of the HUD Demonstration Act of 1993 (42 U.S.C. 9816 note), of which up to
$5,000,000 may be made available for rural capacity building activities.
HOMELESS ASSISTANCE GRANTS
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(INCLUDING
TRANSFER OF FUNDS)
For the emergency shelter grants program as authorized under
subtitle B of title IV of the McKinney-Vento Homeless Assistance
Act, as amended; the supportive housing program as authorized
under subtitle C of title IV of such Act; the section 8 moderate
rehabilitation single room occupancy program as authorized under
the United States Housing Act of 1937, as amended, to assist
homeless individuals pursuant to section 441 of the McKinneyVento Homeless Assistance Act; and the shelter plus care program
as authorized under subtitle F of title IV of such Act,
$1,585,990,000, of which $1,580,990,000 shall remain available until
September 30, 2010, and of which $5,000,000 shall remain available
until expended for rehabilitation projects with ten-year grant terms:
Provided, That of the amounts provided, $25,000,000 shall be set
aside to conduct a demonstration program for the rapid re-housing
of homeless families: Provided further, That of amounts made available in the preceding proviso, not to exceed $1,250,000 may be
used to conduct an evaluation of this demonstration program: Provided further, That funding made available for this demonstration
program shall be used by the Secretary, expressly for the purposes
of providing housing and services to homeless families in order
to evaluate the effectiveness of the rapid re-housing approach in
addressing the needs of homeless families: Provided further, That
not less than 30 percent of funds made available, excluding amounts
provided for renewals under the shelter plus care program, shall
be used for permanent housing for individuals and families: Provided further, That all funds awarded for services shall be matched
by 25 percent in funding by each grantee: Provided further, That
the Secretary shall renew on an annual basis expiring contracts
or amendments to contracts funded under the shelter plus care
program if the program is determined to be needed under the
applicable continuum of care and meets appropriate program
requirements and financial standards, as determined by the Secretary: Provided further, That all awards of assistance under this
heading shall be required to coordinate and integrate homeless
programs with other mainstream health, social services, and
employment programs for which homeless populations may be
eligible, including Medicaid, State Children’s Health Insurance Program, Temporary Assistance for Needy Families, Food Stamps,
and services funding through the Mental Health and Substance
Abuse Block Grant, Workforce Investment Act, and the Welfareto-Work grant program: Provided further, That up to $8,000,000
of the funds appropriated under this heading shall be available
for the national homeless data analysis project and technical assistance: Provided further, That not to exceed $2,475,000 of the funds
appropriated under this heading may be transferred to the Working
Capital Fund: Provided further, That all balances for Shelter Plus
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121 STAT. 2424
PUBLIC LAW 110–161—DEC. 26, 2007
Care renewals previously funded from the Shelter Plus Care
Renewal account and transferred to this account shall be available,
if recaptured, for Shelter Plus Care renewals in fiscal year 2008.
HOUSING PROGRAMS
HOUSING FOR THE ELDERLY
(INCLUDING
Waiver authority.
TRANSFER OF FUNDS)
For capital advances, including amendments to capital advance
contracts, for housing for the elderly, as authorized by section
202 of the Housing Act of 1959, as amended, and for project rental
assistance for the elderly under section 202(c)(2) of such Act,
including amendments to contracts for such assistance and renewal
of expiring contracts for such assistance for up to a 1-year term,
and for supportive services associated with the housing,
$735,000,000, to remain available until September 30, 2011, of
which up to $628,850,000 shall be for capital advance and projectbased rental assistance awards: Provided, That, of the amount
provided under this heading, up to $60,000,000 shall be for service
coordinators and the continuation of existing congregate service
grants for residents of assisted housing projects, and of which
up to $24,750,000 shall be for grants under section 202b of the
Housing Act of 1959 (12 U.S.C. 1701q–2) for conversion of eligible
projects under such section to assisted living or related use and
for emergency capital repairs as determined by the Secretary: Provided further, That of the amount made available under this
heading, $20,000,000 shall be available to the Secretary of Housing
and Urban Development only for making competitive grants to
private nonprofit organizations and consumer cooperatives for covering costs of architectural and engineering work, site control, and
other planning relating to the development of supportive housing
for the elderly that is eligible for assistance under section 202
of the Housing Act of 1959 (12 U.S.C. 1701q): Provided further,
That amounts under this heading shall be available for Real Estate
Assessment Center inspections and inspection-related activities
associated with section 202 capital advance projects: Provided further, That not to exceed $1,400,000 of the total amount made
available under this heading may be transferred to the Working
Capital Fund: Provided further, That the Secretary may waive
the provisions of section 202 governing the terms and conditions
of project rental assistance, except that the initial contract term
for such assistance shall not exceed 5 years in duration.
HOUSING FOR PERSONS WITH DISABILITIES
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(INCLUDING
TRANSFER OF FUNDS)
For capital advance contracts, including amendments to capital
advance contracts, for supportive housing for persons with disabilities, as authorized by section 811 of the Cranston-Gonzalez
National Affordable Housing Act (42 U.S.C. 8013), for project rental
assistance for supportive housing for persons with disabilities under
section 811(d)(2) of such Act, including amendments to contracts
for such assistance and renewal of expiring contracts for such
assistance for up to a 1-year term, and for supportive services
associated with the housing for persons with disabilities as authorized by section 811(b)(1) of such Act, and for tenant-based rental
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PUBLIC LAW 110–161—DEC. 26, 2007
121 STAT. 2425
assistance contracts entered into pursuant to section 811 of such
Act, $237,000,000, to remain available until September 30, 2011:
Provided, That not to exceed $600,000 may be transferred to the
Working Capital Fund: Provided further, That, of the amount provided under this heading, $74,745,000 shall be for amendments
or renewal of tenant-based assistance contracts entered into prior
to fiscal year 2005 (only one amendment authorized for any such
contract): Provided further, That all tenant-based assistance made
available under this heading shall continue to remain available
only to persons with disabilities: Provided further, That the Secretary may waive the provisions of section 811 governing the terms
and conditions of project rental assistance and tenant-based assistance, except that the initial contract term for such assistance shall
not exceed 5 years in duration: Provided further, That amounts
made available under this heading shall be available for Real Estate
Assessment Center Inspections and inspection-related activities
associated with section 811 Capital Advance Projects.
Waiver authority.
OTHER ASSISTED HOUSING PROGRAMS
RENTAL HOUSING ASSISTANCE
For amendments to contracts under section 101 of the Housing
and Urban Development Act of 1965 (12 U.S.C. 1701s) and section
236(f)(2) of the National Housing Act (12 U.S.C. 1715z–1) in Stateaided, non-insured rental housing projects, $27,600,000, to remain
available until expended.
RENT SUPPLEMENT
(RESCISSION)
Of the amounts made available under the heading ‘‘Rent
Supplement’’ in Public Law 98–63 for amendments to contracts
under section 101 of the Housing and Urban Development Act
of 1965 (12 U.S.C. 1701s) and section 236(f)(2) of the National
Housing Act (12 U.S.C. 1715z–1) in State-aided, non-insured rental
housing projects, $37,600,000 are rescinded.
FLEXIBLE SUBSIDY FUND
(TRANSFER
OF FUNDS)
From the Rental Housing Assistance Fund, all uncommitted
balances of excess rental charges as of September 30, 2007, and
any collections made during fiscal year 2008 and all subsequent
fiscal years, shall be transferred to the Flexible Subsidy Fund,
as authorized by section 236(g) of the National Housing Act.
12 USC 1715z–1
note.
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MANUFACTURED HOUSING FEES TRUST FUND
For necessary expenses as authorized by the National Manufactured Housing Construction and Safety Standards Act of 1974 (42
U.S.C. 5401 et seq.), up to $16,000,000, to remain available until
expended, to be derived from the Manufactured Housing Fees Trust
Fund: Provided, That not to exceed the total amount appropriated
under this heading shall be available from the general fund of
the Treasury to the extent necessary to incur obligations and make
expenditures pending the receipt of collections to the Fund pursuant
to section 620 of such Act: Provided further, That the amount
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121 STAT. 2426
PUBLIC LAW 110–161—DEC. 26, 2007
made available under this heading from the general fund shall
be reduced as such collections are received during fiscal year 2008
so as to result in a final fiscal year 2008 appropriation from the
general fund estimated at not more than $0 and fees pursuant
to such section 620 shall be modified as necessary to ensure such
a final fiscal year 2008 appropriation: Provided further, That for
the dispute resolution and installation programs, the Secretary
of Housing and Urban Development may assess and collect fees
from any program participant: Provided further, That such collections shall be deposited into the Fund, and the Secretary, as provided herein, may use such collections, as well as fees collected
under section 620, for necessary expenses of such Act: Provided
further, That notwithstanding the requirements of section 620 of
such Act, the Secretary may carry out responsibilities of the Secretary under such Act through the use of approved service providers
that are paid directly by the recipients of their services.
FEDERAL HOUSING ADMINISTRATION
MUTUAL MORTGAGE INSURANCE PROGRAM ACCOUNT
(INCLUDING
TRANSFERS OF FUNDS)
During fiscal year 2008, commitments to guarantee loans to
carry out the purposes of section 203(b) of the National Housing
Act, as amended, shall not exceed a loan principal of
$185,000,000,000.
During fiscal year 2008, obligations to make direct loans to
carry out the purposes of section 204(g) of the National Housing
Act, as amended, shall not exceed $50,000,000: Provided, That
the foregoing amount shall be for loans to nonprofit and governmental entities in connection with sales of single family real properties owned by the Secretary and formerly insured under the
Mutual Mortgage Insurance Fund.
For administrative contract expenses, $77,400,000, of which
not to exceed $25,550,000 may be transferred to the Working Capital Fund, and of which up to $5,000,000 shall be for education
and outreach of FHA single family loan products: Provided, That
to the extent guaranteed loan commitments exceed $65,500,000,000
on or before April 1, 2008, an additional $1,400 for administrative
contract expenses shall be available for each $1,000,000 in additional guaranteed loan commitments (including a pro rata amount
for any amount below $1,000,000), but in no case shall funds
made available by this proviso exceed $30,000,000.
GENERAL AND SPECIAL RISK PROGRAM ACCOUNT
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(INCLUDING
TRANSFERS OF FUNDS)
For the cost of guaranteed loans, as authorized by sections
238 and 519 of the National Housing Act (12 U.S.C. 1715z–3 and
1735c), including the cost of loan guarantee modifications, as that
term is defined in section 502 of the Congressional Budget Act
of 1974, as amended, $8,600,000, to remain available until
expended: Provided, That commitments to guarantee loans shall
not exceed $45,000,000,000 in total loan principal, any part of
which is to be guaranteed.
Gross obligations for the principal amount of direct loans, as
authorized by sections 204(g), 207(l), 238, and 519(a) of the National
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PUBLIC LAW 110–161—DEC. 26, 2007
121 STAT. 2427
Housing Act, shall not exceed $50,000,000, of which not to exceed
$30,000,000 shall be for bridge financing in connection with the
sale of multifamily real properties owned by the Secretary and
formerly insured under such Act; and of which not to exceed
$20,000,000 shall be for loans to nonprofit and governmental entities in connection with the sale of single-family real properties
owned by the Secretary and formerly insured under such Act.
For administrative contract expenses necessary to carry out
the guaranteed and direct loan programs, $78,111,000, of which
not to exceed $15,692,000 may be transferred to the Working Capital Fund: Provided, That to the extent guaranteed loan commitments exceed $8,426,000,000 on or before April 1, 2008, an additional $1,980 for administrative contract expenses shall be available
for each $1,000,000 in additional guaranteed loan commitments
over $8,426,000,000 (including a pro rata amount for any increment
below $1,000,000), but in no case shall funds made available by
this proviso exceed $14,400,000.
For discount sales of multifamily real property under sections
207(1) or 246 of the National Housing Act (12 U.S.C. 1713(l),
1715z–11), section 203 of the Housing and Community Development
Amendments of 1978 (12 U.S.C. 1701z–11), or section 204 of the
Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 1997 (12
U.S.C. 1715z–11a), and for discount loan sales under section 207(k)
of the National Housing Act (12 U.S.C. 1713(k)), section 203(k)
of the Housing and Community Development Amendments of 1978
(12 U.S.C. 1701z–11(k)), or section 204(a) of the Departments of
Veterans Affairs and Housing and Urban Development, and Independent Agencies Act, 1997 (12 U.S.C. 1715z–11a(a)), $5,000,000,
to remain available until September 30, 2009.
GOVERNMENT NATIONAL MORTGAGE ASSOCIATION
GUARANTEES OF MORTGAGE-BACKED SECURITIES LOAN GUARANTEE
PROGRAM ACCOUNT
New commitments to issue guarantees to carry out the purposes
of section 306 of the National Housing Act, as amended (12 U.S.C.
1721(g)), shall not exceed $200,000,000,000, to remain available
until September 30, 2009.
POLICY DEVELOPMENT
AND
RESEARCH
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RESEARCH AND TECHNOLOGY
For contracts, grants, and necessary expenses of programs of
research and studies relating to housing and urban problems, not
otherwise provided for, as authorized by title V of the Housing
and Urban Development Act of 1970 (12 U.S.C. 1701z–1 et seq.),
including carrying out the functions of the Secretary of Housing
and Urban Development under section 1(a)(1)(i) of Reorganization
Plan No. 2 of 1968, $51,440,000, to remain available until September 30, 2009: Provided, That of the total amount provided under
this heading, up to $5,000,000 shall be for the Partnership for
Advancing Technology in Housing Initiative: Provided further, That
of the funds made available under this heading, $23,000,000 is
for grants pursuant to section 107 of the Housing and Community
Development Act of 1974 (42 U.S.C. 5307): Provided further, That
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121 STAT. 2428
PUBLIC LAW 110–161—DEC. 26, 2007
activities for the Partnership for Advancing Technology in Housing
Initiative shall be administered by the Office of Policy Development
and Research.
FAIR HOUSING
AND
EQUAL OPPORTUNITY
FAIR HOUSING ACTIVITIES
For contracts, grants, and other assistance, not otherwise provided for, as authorized by title VIII of the Civil Rights Act of
1968, as amended by the Fair Housing Amendments Act of 1988,
and section 561 of the Housing and Community Development Act
of 1987, as amended, $50,000,000, to remain available until September 30, 2009, of which $24,000,000 shall be to carry out activities
pursuant to such section 561: Provided, That notwithstanding 31
U.S.C. 3302, the Secretary may assess and collect fees to cover
the costs of the Fair Housing Training Academy, and may use
such funds to provide such training: Provided further, That no
funds made available under this heading shall be used to lobby
the executive or legislative branches of the Federal Government
in connection with a specific contract, grant or loan: Provided further, That of the funds made available under this heading, $380,000
shall be available to the Secretary of Housing and Urban Development for the creation and promotion of translated materials and
other programs that support the assistance of persons with limited
English proficiency in utilizing the services provided by the Department of Housing and Urban Development.
Lobbying.
OFFICE
OF
LEAD HAZARD CONTROL
LEAD HAZARD REDUCTION
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Waiver authority.
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For the Lead Hazard Reduction Program, as authorized by
section 1011 of the Residential Lead-Based Paint Hazard Reduction
Act of 1992, $145,000,000, to remain available until September
30, 2009, of which $8,800,000 shall be for the Healthy Homes
Initiative, pursuant to sections 501 and 502 of the Housing and
Urban Development Act of 1970 that shall include research, studies,
testing, and demonstration efforts, including education and outreach
concerning lead-based paint poisoning and other housing-related
diseases and hazards: Provided, That for purposes of environmental
review, pursuant to the National Environmental Policy Act of 1969
(42 U.S.C. 4321 et seq.) and other provisions of law that further
the purposes of such Act, a grant under the Healthy Homes Initiative, Operation Lead Elimination Action Plan (LEAP), or the Lead
Technical Studies program under this heading or under prior appropriations Acts for such purposes under this heading, shall be considered to be funds for a special project for purposes of section 305(c)
of the Multifamily Housing Property Disposition Reform Act of
1994: Provided further, That of the total amount made available
under this heading, $48,000,000 shall be made available on a
competitive basis for areas with the highest lead paint abatement
needs: Provided further, That each recipient of funds provided under
the second proviso shall make a matching contribution in an amount
not less than 25 percent: Provided further, That the Secretary
may waive the matching requirement cited in the preceding proviso
on a case by case basis if the Secretary determines that such
a waiver is necessary to advance the purposes of this program:
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PUBLIC LAW 110–161—DEC. 26, 2007
121 STAT. 2429
Provided further, That each applicant shall submit a detailed plan
and strategy that demonstrates adequate capacity that is acceptable
to the Secretary to carry out the proposed use of funds pursuant
to a notice of funding availability: Provided further, That of the
total amount made available under this heading, $2,000,000 shall
be available for the Big Buy Program to be managed by the Office
of Healthy Homes and Lead Hazard Control.
MANAGEMENT
AND
Plan.
ADMINISTRATION
WORKING CAPITAL FUND
For additional capital for the Working Capital Fund (42 U.S.C.
3535) for the development of, modifications to, and infrastructure
for Department-wide information technology systems, for the continuing operation and maintenance of both Department-wide and
program-specific information systems, and for program-related
development activities, $155,000,000, to remain available until September 30, 2009: Provided, That any amounts transferred to this
Fund under this Act shall remain available until expended: Provided
further, That any amounts transferred to this Fund from amounts
appropriated by previously enacted appropriations Acts or from
within this Act may be used only for the purposes specified under
this Fund, in addition to the purposes for which such amounts
were appropriated.
OFFICE OF INSPECTOR GENERAL
For necessary salaries and expenses of the Office of Inspector
General in carrying out the Inspector General Act of 1978, as
amended, $112,000,000: Provided, That the Inspector General shall
have independent authority over all personnel issues within this
office.
OFFICE
OF
FEDERAL HOUSING ENTERPRISE OVERSIGHT
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SALARIES AND EXPENSES
For carrying out the Federal Housing Enterprises Financial
Safety and Soundness Act of 1992, including not to exceed $500
for official reception and representation expenses, $66,000,000, to
remain available until expended, to be derived from the Federal
Housing Enterprises Oversight Fund: Provided, That the Director
shall submit a spending plan for the amounts provided under this
heading no later than January 15, 2008: Provided further, That
not less than 80 percent of the total amount made available under
this heading shall be used only for examination, supervision, and
capital oversight of the enterprises (as such term is defined in
section 1303 of the Federal Housing Enterprises Financial Safety
and Soundness Act of 1992 (12 U.S.C. 4502)) to ensure that the
enterprises are operating in a financially safe and sound manner
and complying with the capital requirements under Subtitle B
of such Act: Provided further, That not to exceed the amount provided herein shall be available from the general fund of the
Treasury to the extent necessary to incur obligations and make
expenditures pending the receipt of collections to the Fund: Provided
further, That the general fund amount shall be reduced as collections are received during the fiscal year so as to result in a final
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Deadline.
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PUBLIC LAW 110–161—DEC. 26, 2007
appropriation from the general fund estimated at not more than
$0.
GENERAL PROVISIONS—DEPARTMENT OF HOUSING
DEVELOPMENT
(INCLUDING
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Grants.
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AND
URBAN
RESCISSION OF FUNDS)
SEC. 201. Fifty percent of the amounts of budget authority,
or in lieu thereof 50 percent of the cash amounts associated with
such budget authority, that are recaptured from projects described
in section 1012(a) of the Stewart B. McKinney Homeless Assistance
Amendments Act of 1988 (42 U.S.C. 1437 note) shall be rescinded
or in the case of cash, shall be remitted to the Treasury, and
such amounts of budget authority or cash recaptured and not
rescinded or remitted to the Treasury shall be used by State housing
finance agencies or local governments or local housing agencies
with projects approved by the Secretary of Housing and Urban
Development for which settlement occurred after January 1, 1992,
in accordance with such section. Notwithstanding the previous sentence, the Secretary may award up to 15 percent of the budget
authority or cash recaptured and not rescinded or remitted to
the Treasury to provide project owners with incentives to refinance
their project at a lower interest rate.
SEC. 202. None of the amounts made available under this
Act may be used during fiscal year 2008 to investigate or prosecute
under the Fair Housing Act any otherwise lawful activity engaged
in by one or more persons, including the filing or maintaining
of a non-frivolous legal action, that is engaged in solely for the
purpose of achieving or preventing action by a Government official
or entity, or a court of competent jurisdiction.
SEC. 203. (a) Notwithstanding section 854(c)(1)(A) of the AIDS
Housing Opportunity Act (42 U.S.C. 12903(c)(1)(A)), from any
amounts made available under this title for fiscal year 2008 that
are allocated under such section, the Secretary of Housing and
Urban Development shall allocate and make a grant, in the amount
determined under subsection (b), for any State that—
(1) received an allocation in a prior fiscal year under clause
(ii) of such section; and
(2) is not otherwise eligible for an allocation for fiscal
year 2008 under such clause (ii) because the areas in the
State outside of the metropolitan statistical areas that qualify
under clause (i) in fiscal year 2008 do not have the number
of cases of acquired immunodeficiency syndrome (AIDS)
required under such clause.
(b) The amount of the allocation and grant for any State
described in subsection (a) shall be an amount based on the cumulative number of AIDS cases in the areas of that State that are
outside of metropolitan statistical areas that qualify under clause
(i) of such section 854(c)(1)(A) in fiscal year 2008, in proportion
to AIDS cases among cities and States that qualify under clauses
(i) and (ii) of such section and States deemed eligible under subsection (a).
(c) Notwithstanding any other provision of law, the amount
allocated for fiscal year 2008 under section 854(c) of the AIDS
Housing Opportunity Act (42 U.S.C. 12903(c)), to the City of New
York, New York, on behalf of the New York-Wayne-White Plains,
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PUBLIC LAW 110–161—DEC. 26, 2007
121 STAT. 2431
New York-New Jersey Metropolitan Division (hereafter ‘‘metropolitan division’’) of the New York-Newark-Edison, NY–NJ–PA Metropolitan Statistical Area, shall be adjusted by the Secretary of
Housing and Urban Development by: (1) allocating to the City
of Jersey City, New Jersey, the proportion of the metropolitan
area’s or division’s amount that is based on the number of cases
of AIDS reported in the portion of the metropolitan area or division
that is located in Hudson County, New Jersey, and adjusting for
the proportion of the metropolitan division’s high incidence bonus
if this area in New Jersey also has a higher than average per
capita incidence of AIDS; and (2) allocating to the City of Paterson,
New Jersey, the proportion of the metropolitan area’s or division’s
amount that is based on the number of cases of AIDS reported
in the portion of the metropolitan area or division that is located
in Bergen County and Passaic County, New Jersey, and adjusting
for the proportion of the metropolitan division’s high incidence
bonus if this area in New Jersey also has a higher than average
per capita incidence of AIDS. The recipient cities shall use amounts
allocated under this subsection to carry out eligible activities under
section 855 of the AIDS Housing Opportunity Act (42 U.S.C. 12904)
in their respective portions of the metropolitan division that is
located in New Jersey.
(d) Notwithstanding any other provision of law, the amount
allocated for fiscal year 2008 under section 854(c) of the AIDS
Housing Opportunity Act (42 U.S.C. 12903(c)) to areas with a
higher than average per capita incidence of AIDS, shall be adjusted
by the Secretary on the basis of area incidence reported over a
three year period.
SEC. 204. Except as explicitly provided in law, any grant,
cooperative agreement or other assistance made pursuant to title
II of this Act shall be made on a competitive basis and in accordance
with section 102 of the Department of Housing and Urban Development Reform Act of 1989 (42 U.S.C. 3545).
SEC. 205. Funds of the Department of Housing and Urban
Development subject to the Government Corporation Control Act
or section 402 of the Housing Act of 1950 shall be available, without
regard to the limitations on administrative expenses, for legal services on a contract or fee basis, and for utilizing and making payment
for services and facilities of the Federal National Mortgage Association, Government National Mortgage Association, Federal Home
Loan Mortgage Corporation, Federal Financing Bank, Federal
Reserve banks or any member thereof, Federal Home Loan banks,
and any insured bank within the meaning of the Federal Deposit
Insurance Corporation Act, as amended (12 U.S.C. 1811–1831).
SEC. 206. Unless otherwise provided for in this Act or through
a reprogramming of funds, no part of any appropriation for the
Department of Housing and Urban Development shall be available
for any program, project or activity in excess of amounts set forth
in the budget estimates submitted to Congress.
SEC. 207. Corporations and agencies of the Department of
Housing and Urban Development which are subject to the Government Corporation Control Act, are hereby authorized to make such
expenditures, within the limits of funds and borrowing authority
available to each such corporation or agency and in accordance
with law, and to make such contracts and commitments without
regard to fiscal year limitations as provided by section 104 of
such Act as may be necessary in carrying out the programs set
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121 STAT. 2432
Budget estimate.
Deadline.
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Deadline.
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PUBLIC LAW 110–161—DEC. 26, 2007
forth in the budget for 2008 for such corporation or agency except
as hereinafter provided: Provided, That collections of these corporations and agencies may be used for new loan or mortgage purchase
commitments only to the extent expressly provided for in this
Act (unless such loans are in support of other forms of assistance
provided for in this or prior appropriations Acts), except that this
proviso shall not apply to the mortgage insurance or guaranty
operations of these corporations, or where loans or mortgage purchases are necessary to protect the financial interest of the United
States Government.
SEC. 208. None of the funds provided in this title for technical
assistance, training, or management improvements may be obligated or expended unless the Secretary of Housing and Urban
Development provides to the Committees on Appropriations a
description of each proposed activity and a detailed budget estimate
of the costs associated with each program, project or activity as
part of the Budget Justifications. For fiscal year 2008, the Secretary
shall transmit this information to the Committees by March 15,
2008 for 30 days of review.
SEC. 209. The Secretary of Housing and Urban Development
shall provide quarterly reports to the House and Senate Committees
on Appropriations regarding all uncommitted, unobligated, recaptured and excess funds in each program and activity within the
jurisdiction of the Department and shall submit additional, updated
budget information to these Committees upon request.
SEC. 210. (a) Notwithstanding any other provision of law, the
amount allocated for fiscal year 2008 under section 854(c) of the
AIDS Housing Opportunity Act (42 U.S.C. 12903(c)), to the City
of Wilmington, Delaware, on behalf of the Wilmington, DelawareMaryland-New Jersey Metropolitan Division (hereafter ‘‘metropolitan division’’), shall be adjusted by the Secretary of Housing and
Urban Development by allocating to the State of New Jersey the
proportion of the metropolitan division’s amount that is based on
the number of cases of AIDS reported in the portion of the metropolitan division that is located in New Jersey, and adjusting for the
proportion of the metropolitan division’s high incidence bonus if
this area in New Jersey also has a higher than average per capita
incidence of AIDS. The State of New Jersey shall use amounts
allocated to the State under this subsection to carry out eligible
activities under section 855 of the AIDS Housing Opportunity Act
(42 U.S.C. 12904) in the portion of the metropolitan division that
is located in New Jersey.
(b) Notwithstanding any other provision of law, the Secretary
of Housing and Urban Development shall allocate to Wake County,
North Carolina, the amounts that otherwise would be allocated
for fiscal year 2008 under section 854(c) of the AIDS Housing
Opportunity Act (42 U.S.C. 12903(c)) to the City of Raleigh, North
Carolina, on behalf of the Raleigh-Cary, North Carolina Metropolitan Statistical Area. Any amounts allocated to Wake County shall
be used to carry out eligible activities under section 855 of such
Act (42 U.S.C. 12904) within such metropolitan statistical area.
(c) Notwithstanding section 854(c) of the AIDS Housing Opportunity Act (42 U.S.C. 12903(c)), the Secretary of Housing and Urban
Development may adjust the allocation of the amounts that otherwise would be allocated for fiscal year 2008 under section 854(c)
of such Act, upon the written request of an applicant, in conjunction
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PUBLIC LAW 110–161—DEC. 26, 2007
121 STAT. 2433
with the State(s), for a formula allocation on behalf of a metropolitan statistical area, to designate the State or States in which
the metropolitan statistical area is located as the eligible grantee(s)
of the allocation. In the case that a metropolitan statistical area
involves more than one State, such amounts allocated to each
State shall be in proportion to the number of cases of AIDS reported
in the portion of the metropolitan statistical area located in that
State. Any amounts allocated to a State under this section shall
be used to carry out eligible activities within the portion of the
metropolitan statistical area located in that State.
SEC. 211. The Secretary of Housing and Urban Development
shall submit an annual report no later than August 30, 2008 and
annually thereafter to the House and Senate Committees on Appropriations regarding the number of Federally assisted units under
lease and the per unit cost of these units to the Department of
Housing and Urban Development.
SEC. 212. The President’s formal budget request for fiscal year
2009, as well as the Department of Housing and Urban Development’s congressional budget justifications to be submitted to the
Committees on Appropriations of the House of Representatives and
the Senate, shall use the identical account and sub-account structure provided under this Act.
SEC. 213. Amounts made available in this Act or previous
appropriations Acts for tenant-based rental assistance and used
for non-elderly disabled families or for the Family Unification Program shall, to the extent practicable, remain available for each
such respective purpose upon turn-over.
SEC. 214. A public housing agency or such other entity that
administers Federal housing assistance for the Housing Authority
of the county of Los Angeles, California, the States of Alaska,
Iowa, and Mississippi shall not be required to include a resident
of public housing or a recipient of assistance provided under section
8 of the United States Housing Act of 1937 on the board of directors
or a similar governing board of such agency or entity as required
under section (2)(b) of such Act. Each public housing agency or
other entity that administers Federal housing assistance under
section 8 for the Housing Authority of the county of Los Angeles,
California and the States of Alaska, Iowa and Mississippi shall
establish an advisory board of not less than 6 residents of public
housing or recipients of section 8 assistance to provide advice and
comment to the public housing agency or other administering entity
on issues related to public housing and section 8. Such advisory
board shall meet not less than quarterly.
SEC. 215. (a) Notwithstanding any other provision of law, subject to the conditions listed in subsection (b), for fiscal years 2008
and 2009, the Secretary of Housing and Urban Development may
authorize the transfer of some or all project-based assistance, debt
and statutorily required low-income and very low-income use
restrictions, associated with one or more multifamily housing project
to another multifamily housing project or projects.
(b) The transfer authorized in subsection (a) is subject to the
following conditions:
(1) The number of low-income and very low-income units
and the net dollar amount of Federal assistance provided by
the transferring project shall remain the same in the receiving
project or projects.
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Reports.
Deadline.
42 USC 1437
note.
State listing.
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121 STAT. 2434
PUBLIC LAW 110–161—DEC. 26, 2007
(2) The transferring project shall, as determined by the
Secretary, be either physically obsolete or economically nonviable.
(3) The receiving project or projects shall meet or exceed
applicable physical standards established by the Secretary.
(4) The owner or mortgagor of the transferring project
shall notify and consult with the tenants residing in the
transferring project and provide a certification of approval by
all appropriate local governmental officials.
(5) The tenants of the transferring project who remain
eligible for assistance to be provided by the receiving project
or projects shall not be required to vacate their units in the
transferring project or projects until new units in the receiving
project are available for occupancy.
(6) The Secretary determines that this transfer is in the
best interest of the tenants.
(7) If either the transferring project or the receiving project
or projects meets the condition specified in subsection (c)(2)(A),
any lien on the receiving project resulting from additional
financing obtained by the owner shall be subordinate to any
FHA-insured mortgage lien transferred to, or placed on, such
project by the Secretary.
(8) If the transferring project meets the requirements of
subsection (c)(2)(E), the owner or mortgagor of the receiving
project or projects shall execute and record either a continuation
of the existing use agreement or a new use agreement for
the project where, in either case, any use restrictions in such
agreement are of no lesser duration than the existing use
restrictions.
(9) Any financial risk to the FHA General and Special
Risk Insurance Fund, as determined by the Secretary, would
be reduced as a result of a transfer completed under this
section.
(10) The Secretary determines that Federal liability with
regard to this project will not be increased.
(c) For purposes of this section—
(1) the terms ‘‘low-income’’ and ‘‘very low-income’’ shall
have the meanings provided by the statute and/or regulations
governing the program under which the project is insured or
assisted;
(2) the term ‘‘multifamily housing project’’ means housing
that meets one of the following conditions—
(A) housing that is subject to a mortgage insured under
the National Housing Act;
(B) housing that has project-based assistance attached
to the structure including projects undergoing mark to
market debt restructuring under the Multifamily Assisted
Housing Reform and Affordability Housing Act;
(C) housing that is assisted under section 202 of the
Housing Act of 1959 as amended by section 801 of the
Cranston-Gonzales National Affordable Housing Act;
(D) housing that is assisted under section 202 of the
Housing Act of 1959, as such section existed before the
enactment of the Cranston-Gonzales National Affordable
Housing Act; or
(E) housing or vacant land that is subject to a use
agreement;
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(3) the term ‘‘project-based assistance’’ means—
(A) assistance provided under section 8(b) of the United
States Housing Act of 1937;
(B) assistance for housing constructed or substantially
rehabilitated pursuant to assistance provided under section
8(b)(2) of such Act (as such section existed immediately
before October 1, 1983);
(C) rent supplement payments under section 101 of
the Housing and Urban Development Act of 1965;
(D) interest reduction payments under section 236 and/
or additional assistance payments under section 236(f)(2)
of the National Housing Act; and
(E) assistance payments made under section 202(c)(2)
of the Housing Act of 1959;
(4) the term ‘‘receiving project or projects’’ means the multifamily housing project or projects to which some or all of
the project-based assistance, debt, and statutorily required use
low-income and very low-income restrictions are to be transferred;
(5) the term ‘‘transferring project’’ means the multifamily
housing project which is transferring some or all of the projectbased assistance, debt and the statutorily required low-income
and very low-income use restrictions to the receiving project
or projects; and
(6) the term ‘‘Secretary’’ means the Secretary of Housing
and Urban Development.
SEC. 216. The funds made available for Native Alaskans under
the heading ‘‘Native American Housing Block Grants’’ in title III
of this Act shall be allocated to the same Native Alaskan housing
block grant recipients that received funds in fiscal year 2005.
SEC. 217. No funds provided under this title may be used
for an audit of the Government National Mortgage Association
that makes applicable requirements under the Federal Credit
Reform Act of 1990 (2 U.S.C. 661 et seq.).
SEC. 218. (a) No assistance shall be provided under section
8 of the United States Housing Act of 1937 (42 U.S.C. 1437f)
to any individual who—
(1) is enrolled as a student at an institution of higher
education (as defined under section 102 of the Higher Education
Act of 1965 (20 U.S.C. 1002));
(2) is under 24 years of age;
(3) is not a veteran;
(4) is unmarried;
(5) does not have a dependent child;
(6) is not a person with disabilities, as such term is defined
in section 3(b)(3)(E) of the United States Housing Act of 1937
(42 U.S.C. 1437a(b)(3)(E)) and was not receiving assistance
under such section 8 as of November 30, 2005; and
(7) is not otherwise individually eligible, or has parents
who, individually or jointly, are not eligible, to receive assistance under section 8 of the United States Housing Act of
1937 (42 U.S.C. 1437f).
(b) For purposes of determining the eligibility of a person
to receive assistance under section 8 of the United States Housing
Act of 1937 (42 U.S.C. 1437f), any financial assistance (in excess
of amounts received for tuition) that an individual receives under
the Higher Education Act of 1965 (20 U.S.C. 1001 et seq.), from
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private sources, or an institution of higher education (as defined
under the Higher Education Act of 1965 (20 U.S.C. 1002)), shall
be considered income to that individual, except for a person over
the age of 23 with dependent children.
(c) Not later than 30 days after the date of enactment of
this Act, the Secretary of Housing and Urban Development shall
issue final regulations to carry out the provisions of this section.
SEC. 219. Notwithstanding the limitation in the first sentence
of section 255(g) of the National Housing Act (12 U.S.C. 1715z–
20(g)), the Secretary of Housing and Urban Development may,
until September 30, 2008, insure and enter into commitments to
insure mortgages under section 255 of the National Housing Act
(12 U.S.C. 1715z–20).
SEC. 220. Notwithstanding any other provision of law, in fiscal
year 2008, in managing and disposing of any multifamily property
that is owned or has a mortgage held by the Secretary of Housing
and Urban Development, the Secretary shall maintain any rental
assistance payments under section 8 of the United States Housing
Act of 1937 and other programs that are attached to any dwelling
units in the property. To the extent the Secretary determines,
in consultation with the tenants and the local government, that
such a multifamily property owned or held by the Secretary is
not feasible for continued rental assistance payments under such
section 8 or other programs, based on consideration of (1) the
costs of rehabilitating and operating the property and all available
Federal, State, and local resources, including rent adjustments
under section 524 of the Multifamily Assisted Housing Reform
and Affordability Act of 1997 (‘‘MAHRAA’’) and (2) environmental
conditions that cannot be remedied in a cost-effective fashion, the
Secretary may, in consultation with the tenants of that property,
contract for project-based rental assistance payments with an owner
or owners of other existing housing properties, or provide other
rental assistance. The Secretary shall also take appropriate steps
to ensure that project-based contracts remain in effect prior to
foreclosure, subject to the exercise of contractual abatement remedies to assist relocation of tenants for imminent major threats
to health and safety. After disposition of any multifamily property
described under this section, the contract and allowable rent levels
on such properties shall be subject to the requirements under
section 524 of MAHRAA.
SEC. 221. The National Housing Act is amended—
(1) in sections 207(c)(3), 213(b)(2)(B)(i), 221(d)(3)(ii)(II),
221(d)(4)(ii)(II), 231(c)(2)(B), and 234(e)(3)(B) (12 U.S.C.
1713(c)(3), 1715e(b)(2)(B)(i), 1715l(d)(3)(ii)(II), 1715l(d)(4)(ii)(II),
1715v(c)(2)(B), and 1715y(e)(3)(B))—
(A) by striking ‘‘140 percent’’ each place such term
appears and inserting ‘‘170 percent’’; and
(B) by striking ‘‘170 percent in high cost areas’’ each
place such term appears and inserting ‘‘215 percent in
high cost areas’’; and
(2)
in
section
220(d)(3)(B)(iii)(III)
(12
U.S.C.
1715k(d)(3)(B)(iii)(III)) by striking ‘‘206A’’ and all that follows
through ‘‘project-by-project basis’’ and inserting the following:
‘‘206A of this Act) by not to exceed 170 percent in any geographical area where the Secretary finds that cost levels so
require and by not to exceed 170 percent, or 215 percent in
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121 STAT. 2437
high cost areas, where the Secretary determines it necessary
on a project-by-project basis’’.
SEC. 222. During fiscal year 2008, in the provision of rental
assistance under section 8(o) of the United States Housing Act
of 1937 (42 U.S.C. 1437f(o)) in connection with a program to demonstrate the economy and effectiveness of providing such assistance
for use in assisted living facilities that is carried out in the counties
of the State of Michigan notwithstanding paragraphs (3) and
(18)(B)(iii) of such section 8(o), a family residing in an assisted
living facility in any such county, on behalf of which a public
housing agency provides assistance pursuant to section 8(o)(18)
of such Act, may be required, at the time the family initially
receives such assistance, to pay rent in an amount exceeding 40
percent of the monthly adjusted income of the family by such
a percentage or amount as the Secretary of Housing and Urban
Development determines to be appropriate.
SEC. 223. Notwithstanding any other provision of law, the
recipient of a grant under section 202b of the Housing Act of
1959 (12 U.S.C. 1701q–2) after December 26, 2000, in accordance
with the unnumbered paragraph at the end of section 202(b) of
such Act, may, at its option, establish a single-asset nonprofit
entity to own the project and may lend the grant funds to such
entity, which may be a private nonprofit organization described
in section 831 of the American Homeownership and Economic
Opportunity Act of 2000.
SEC. 224. Section 24 of the United States Housing Act of
1937 (42 U.S.C. 1437v) is amended—
(1) in subsection (m)(1), by striking ‘‘2003’’ and inserting
‘‘2008’’; and
(2) in subsection (o), by striking ‘‘September 30, 2007’’
and inserting ‘‘September 30, 2008’’.
SEC. 225. Public housing agencies that own and operate 400
or fewer public housing units may elect to be exempt from any
asset management requirement imposed by the Secretary of
Housing and Urban Development in connection with the operating
fund rule: Provided, That an agency seeking a discontinuance of
a reduction of subsidy under the operating fund formula shall
not be exempt from asset management requirements.
SEC. 226. With respect to the use of amounts provided in
this Act and in future Acts for the operation, capital improvement
and management of public housing as authorized by sections 9(d)
and 9(e) of the United States Housing Act of 1937 (42 U.S.C.
1437g(d) and (e)), the Secretary shall not impose any requirement
or guideline relating to asset management that restricts or limits
in any way the use of capital funds for central office costs pursuant
to section 9(g)(1) or 9(g)(2) of the United States Housing Act of
1937 (42 U.S.C. 1437g(g)(1), (2)): Provided, however, that a public
housing agency may not use capital funds authorized under section
9(d) for activities that are eligible under section 9(e) for assistance
with amounts from the operating fund in excess of the amounts
permitted under section 9(g)(1) or 9(g)(2).
SEC. 227. The Secretary of Housing and Urban Development
shall report quarterly to the House of Representatives and Senate
Committees on Appropriations on the status of all section 8 projectbased housing, including the number of all project-based units
by region as well as an analysis of all federally subsidized housing
being refinanced under the Mark-to-Market program. The Secretary
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shall in the report identify all existing units maintained by region
as section 8 project-based units and all project-based units that
have opted out of section 8 or have otherwise been eliminated
as section 8 project-based units. The Secretary shall identify in
detail and by project all the efforts made by the Department to
preserve all section 8 project-based housing units and all the reasons
for any units which opted out or otherwise were lost as section
8 project-based units. Such analysis shall include a review of the
impact of the loss of any subsidized units in that housing marketplace, such as the impact of cost and the loss of available subsidized,
low-income housing in areas with scarce housing resources for lowincome families.
SEC. 228. The Secretary of Housing and Urban Development
shall report quarterly to the House of Representatives and Senate
Committees on Appropriations on HUD’s use of all sole source
contracts, including terms of the contracts, cost, and a substantive
rationale for using a sole source contract.
SEC. 229. Section 9(e)(2)(C) of the United States Housing Act
of 1937 (42 U.S.C. 1437g(e)(2)(C)) is amended by adding at the
end the following:
‘‘(iv) EXISTING CONTRACTS.—The term of a contract
described in clause (i) that, as of the date of enactment
of this clause, is in repayment and has a term of
not more than 12 years, may be extended to a term
of not more than 20 years to permit additional energy
conservation improvements without requiring the reprocurement of energy performance contractors.’’.
SEC. 230. The Secretary of Housing and Urban Development
shall increase, pursuant to this section, the number of Movingto-Work agencies authorized under section 204, title II, of the
Departments of Veterans Affairs and Housing and Urban Development and Independent Agencies Appropriations Act, 1996 (Public
Law 104–134; 110 Stat. 1321–281) by making individually the
Alaska Housing Finance Corporation and the housing authorities
of the counties of San Bernardino and Santa Clara and the city
of San Jose, California, a Moving-to-Work Agency under such section 204.
SEC. 231. Notwithstanding any other provision of law, the
Secretary of Housing and Urban Development may not rescind
or take any adverse action with respect to the Moving-to-Work
program designation for the Housing Authority of Baltimore City
based on any alleged administrative or procedural errors in making
such designation.
SEC. 232. Paragraph (4) of section 102(a) of the Housing and
Community Development Act of 1974 (42 U.S.C. 5302) is amended
by adding at the end the following new sentence: ‘‘Notwithstanding
any other provision of this paragraph, with respect to any fiscal
year beginning after September 30, 2007, the cities of Alton and
Granite City, Illinois, shall be considered metropolitan cities for
purposes of this title.’’.
SEC. 233. (a) The amounts provided under the subheading
‘‘Program Account’’ under the heading ‘‘Community Development
Loan Guarantees’’ may be used to guarantee, or make commitments
to guarantee, notes, or other obligations issued by any State on
behalf of non-entitlement communities in the State in accordance
with the requirements of section 108 of the Housing and Community
Development Act of 1974: Provided, That, any State receiving such
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PUBLIC LAW 110–161—DEC. 26, 2007
121 STAT. 2439
a guarantee or commitment shall distribute all funds subject to
such guarantee to the units of general local government in nonentitlement areas that received the commitment.
(b) Not later than 60 days after the date of enactment of
this Act, the Secretary of Housing and Urban Development shall
promulgate regulations governing the administration of the funds
described under subsection (a).
SEC. 234. Not later than 30 days after the date of enactment
of this Act, the Secretary of Housing and Urban Development
shall establish and maintain on the homepage of the Internet
website of the Department of Housing and Urban Development—
(1) a direct link to the Internet website of the Office of
Inspector General of the Department of Housing and Urban
Development; and
(2) a mechanism by which individuals may anonymously
report cases of waste, fraud, or abuse with respect to the
Department of Housing and Urban Development.
SEC. 235. (a) REQUIRED SUBMISSIONS FOR FISCAL YEARS 2007
AND 2008.—
(1) IN GENERAL.—Not later than 60 days after the date
of enactment of this Act, the Secretary of Housing and Urban
Development shall submit to the relevant authorizing committees and to the Committees on Appropriations of the Senate
and the House of Representatives for fiscal years 2007 and
2008—
(A) a complete and accurate accounting of the actual
project-based renewal costs for project-based assistance
under section 8 of the United States Housing Act of 1937
(42 U.S.C. 1437f);
(B) revised estimates of the funding needed to fully
fund all 12 months of all project-based contracts under
such section 8, including project-based contracts that expire
in fiscal year 2007 and fiscal year 2008; and
(C) all sources of funding that will be used to fully
fund all 12 months of the project-based contracts for fiscal
years 2007 and 2008.
(2) UPDATED INFORMATION.—At any time after the expiration of the 60-day period described in paragraph (1), the Secretary may submit corrections or updates to the information
required under paragraph (1), if upon completion of an audit
of the project-based assistance program under section 8 of the
United States Housing Act of 1937 (42 U.S.C. 1437f), such
audit reveals additional information that may provide Congress
a more complete understanding of the Secretary’s implementation of the project-based assistance program under such section
8.
(b) REQUIRED SUBMISSIONS FOR FISCAL YEAR 2009.—As part
of the Department of Housing and Urban Development’s budget
request for fiscal year 2009, the Secretary of Housing and Urban
Development shall submit to the relevant authorizing committees
and to the Committees on Appropriations of the Senate and the
House of Representatives complete and detailed information,
including a project-by-project analysis, that verifies that such
budget request will fully fund all project-based contracts under
section 8 of the United States Housing Act of 1937 (42 U.S.C.
1437f) in fiscal year 2009, including expiring project-based contracts.
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5 USC app. 6
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PUBLIC LAW 110–161—DEC. 26, 2007
SEC. 236. No official or employee of the Department of Housing
and Urban Development shall be designated as an allotment holder
unless the Office of the Chief Financial Officer has determined
that such allotment holder has implemented an adequate system
of funds control and has received training in funds control procedures and directives. The Chief Financial Officer shall ensure that,
not later than 90 days after the date of enactment of this Act,
a trained allotment holder shall be designated for each HUD subaccount under the headings ‘‘Executive Direction’’ and ‘‘Administration, Operations, and Management’’ as well as each account
receiving appropriations for ‘‘personnel compensation and benefits’’
within the Department of Housing and Urban Development.
SEC. 237. Payment of attorney fees in program-related litigation
must be paid from individual program office personnel benefits
and compensation funding. The annual budget submission for program office personnel benefit and compensation funding must
include program-related litigation costs for attorney fees as a separate line item request.
SEC. 238. Of the unobligated balances remaining from funds
appropriated to the Department of Housing and Urban Development
under the heading ‘‘Tenant-Based Rental Assistance’’ under section
21033 of Public Law 110–5, $723,257,000 are rescinded from the
$4,193,000,000 which became available pursuant to such section
on October 1, 2007.
This title may be cited as the ‘‘Department of Housing and
Urban Development Appropriations Act, 2008’’.
TITLE III
RELATED AGENCIES
ARCHITECTURAL
AND
TRANSPORTATION BARRIERS COMPLIANCE
BOARD
SALARIES AND EXPENSES
For expenses necessary for the Architectural and Transportation Barriers Compliance Board, as authorized by section 502
of the Rehabilitation Act of 1973, as amended, $6,150,000: Provided,
That, notwithstanding any other provision of law, there may be
credited to this appropriation funds received for publications and
training expenses.
FEDERAL MARITIME COMMISSION
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SALARIES AND EXPENSES
For necessary expenses of the Federal Maritime Commission
as authorized by section 201(d) of the Merchant Marine Act, 1936
(46 U.S.C. App. 1111), including services as authorized by 5 U.S.C.
3109; hire of passenger motor vehicles as authorized by 31 U.S.C.
1343(b); and uniforms or allowances therefore, as authorized by
5 U.S.C. 5901–5902, $22,072,000: Provided, That not to exceed
$2,000 shall be available for official reception and representation
expenses.
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PUBLIC LAW 110–161—DEC. 26, 2007
121 STAT. 2441
NATIONAL TRANSPORTATION SAFETY BOARD
SALARIES AND EXPENSES
For necessary expenses of the National Transportation Safety
Board, including hire of passenger motor vehicles and aircraft;
services as authorized by 5 U.S.C. 3109, but at rates for individuals
not to exceed the per diem rate equivalent to the rate for a GS–
15; uniforms, or allowances therefor, as authorized by law (5 U.S.C.
5901–5902) $84,499,000, of which $74,063 is available for payments
to remedy the violation of the Anti-deficiency Act reported by the
National Transportation Safety Board on September 26, 2007, and
not to exceed $2,000 may be used for official reception and representation expenses. The amounts made available to the National
Transportation Safety Board in this Act include amounts necessary
to make lease payments due in fiscal year 2008 only, on an obligation incurred in fiscal year 2001 for a capital lease.
NEIGHBORHOOD REINVESTMENT CORPORATION
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PAYMENT TO THE NEIGHBORHOOD REINVESTMENT CORPORATION
For payment to the Neighborhood Reinvestment Corporation
for use in neighborhood reinvestment activities, as authorized by
the Neighborhood Reinvestment Corporation Act (42 U.S.C. 8101–
8107), $119,800,000, of which $5,000,000 shall be for a multi-family
rental housing program.
For an additional amount, $180,000,000 shall be made available
until expended to the Neighborhood Reinvestment Corporation for
mortgage foreclosure mitigation activities, under the following terms
and conditions:
(1) The Neighborhood Reinvestment Corporation (‘‘NRC’’),
shall make grants to counseling intermediaries approved by
the Department of Housing and Urban Development (HUD)
or the NRC (with match to be determined by the NRC based
on affordability and the economic conditions of an area; a
match also may be waived by the NRC based on the aforementioned conditions) to provide mortgage foreclosure mitigation
assistance primarily to States and areas with high rates of
defaults and foreclosures primarily in the sub prime housing
market to help eliminate the default and foreclosure of mortgages of owner-occupied single-family homes that are at risk
of such foreclosure. Other than areas with high rates of defaults
and foreclosures, grants may also be provided to approved
counseling intermediaries based on a geographic analysis of
the Nation by the NRC which determines where there is a
prevalence of sub prime mortgages that are risky and likely
to fail, including any trends for mortgages that are likely to
default and face foreclosure. A State Housing Finance Agency
may also be eligible where the State Housing Finance Agency
meets all the requirements under this paragraph. A HUDor NRC-approved counseling intermediary shall meet certain
mortgage foreclosure mitigation assistance counseling requirements, as determined by the NRC, and shall be approved
by HUD or the NRC as meeting these requirements.
(2) Mortgage foreclosure mitigation assistance shall only
be made available to homeowners of owner-occupied homes
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121 STAT. 2442
with mortgages in default or in danger of default. These mortgages shall likely be subject to a foreclosure action and homeowners will be provided such assistance that shall consist of
activities that are likely to prevent foreclosures and result
in the long-term affordability of the mortgage retained pursuant
to such activity or another positive outcome for the homeowner.
No funds made available under this paragraph may be provided
directly to lenders or homeowners to discharge outstanding
mortgage balances or for any other direct debt reduction payments.
(3) The use of Mortgage Foreclosure Mitigation Assistance
by approved counseling intermediaries and State Housing
Finance Agencies shall involve a reasonable analysis of the
borrower’s financial situation, an evaluation of the current
value of the property that is subject to the mortgage, counseling
regarding the assumption of the mortgage by another nonFederal party, counseling regarding the possible purchase of
the mortgage by a non-Federal third party, counseling and
advice of all likely restructuring and refinancing strategies
or the approval of a work-out strategy by all interested parties.
(4) NRC shall award $50,000,000 in mortgage foreclosure
mitigation grants for States and areas with the greatest needs
within 60 days of enactment. Additional funds may be awarded
once the NRC certifies that HUD- or NRC-approved counseling
intermediaries and State Housing Finance Agencies have the
need for additional funds in States and areas with high rates
of mortgage foreclosures, defaults, or related activities and
the expertise to use these funds effectively. The NRC may
provide up to 15 percent of the total funds under this paragraph
to its own charter members with expertise in foreclosure
prevention counseling, subject to a certification by the NRC
that the procedures for selection do not consist of any procedures or activities that could be construed as an unacceptable
conflict of interest or have the appearance of impropriety.
(5) NRC- or HUD-approved counseling entities and State
Housing Finance Agencies receiving funds under this paragraph
shall have demonstrated experience in successfully working
with financial institutions as well as borrowers facing default,
delinquency and foreclosure as well as documented counseling
capacity, outreach capacity, past successful performance and
positive outcomes with documented counseling plans (including
post mortgage foreclosure mitigation counseling), loan workout
agreements and loan modification agreements.
(6) Of the total amount made available under this paragraph, up to $5,000,000 may be made available to build the
mortgage foreclosure and default mitigation counseling capacity
of counseling intermediaries through NRC training courses with
HUD- or NRC-approved counseling intermediaries and their
partners, except that private financial institutions that participate in NRC training shall pay market rates for such training.
(7) Of the total amount made available under this paragraph, up to 4 percent may be used for associated administrative expenses for the NRC to carry out activities provided
under this section.
(8) Mortgage foreclosure mitigation assistance may include
a budget for outreach and advertising, as determined by the
NRC.
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121 STAT. 2443
(9) The NRC shall report bi-annually to the House and
Senate Committees on Appropriations as well as the Senate
Banking Committee and House Financial Services Committee
on its efforts to mitigate mortgage default. Such reports shall
identify successful strategies and methods for preserving
homeownership and the long-term affordability of at-risk mortgages and shall include recommended efforts that will or likely
can assist in the success of this program as well as an analysis
of any policy and procedures that failed to result in successful
mortgage foreclosure mitigation. The report shall include an
analysis of the details and use of any post mitigation counseling
of assisted borrowers designed to ensure the continued longterm affordability of the mortgages which were the subject
of the mortgage foreclosure mitigation assistance.
UNITED STATES INTERAGENCY COUNCIL
ON
Reports.
Deadline.
HOMELESSNESS
OPERATING EXPENSES
For necessary expenses (including payment of salaries, authorized travel, hire of passenger motor vehicles, the rental of conference
rooms, and the employment of experts and consultants under section
3109 of title 5, United States Code) of the United States Interagency
Council on Homelessness in carrying out the functions pursuant
to title II of the McKinney-Vento Homeless Assistance Act, as
amended, $2,150,000.
Title II of the McKinney-Vento Homeless Assistance Act, as
amended, is amended in section 209 by striking ‘‘2007’’ and inserting
‘‘2008’’.
42 USC 11319.
TITLE IV
GENERAL PROVISIONS THIS ACT
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TRANSFERS OF FUNDS)
SEC. 401. Such sums as may be necessary for fiscal year 2008
pay raises for programs funded in this Act shall be absorbed within
the levels appropriated in this Act or previous appropriations Acts.
SEC. 402. None of the funds in this Act shall be used for
the planning or execution of any program to pay the expenses
of, or otherwise compensate, non-Federal parties intervening in
regulatory or adjudicatory proceedings funded in this Act.
SEC. 403. None of the funds appropriated in this Act shall
remain available for obligation beyond the current fiscal year, nor
may any be transferred to other appropriations, unless expressly
so provided herein.
SEC. 404. The expenditure of any appropriation under this
Act for any consulting service through procurement contract pursuant to section 3109 of title 5, United States Code, shall be limited
to those contracts where such expenditures are a matter of public
record and available for public inspection, except where otherwise
provided under existing law, or under existing Executive order
issued pursuant to existing law.
SEC. 405. Except as otherwise provided in this Act, none of
the funds provided in this Act, provided by previous appropriations
Acts to the agencies or entities funded in this Act that remain
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Contracts.
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Deadline.
Reports.
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Reports.
Deadline.
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PUBLIC LAW 110–161—DEC. 26, 2007
available for obligation or expenditure in fiscal year 2008, or provided from any accounts in the Treasury derived by the collection
of fees and available to the agencies funded by this Act, shall
be available for obligation or expenditure through a reprogramming
of funds that: (1) creates a new program; (2) eliminates a program,
project, or activity; (3) increases funds or personnel for any program,
project, or activity for which funds have been denied or restricted
by the Congress; (4) proposes to use funds directed for a specific
activity by either the House or Senate Committees on Appropriations for a different purpose; (5) augments existing programs,
projects, or activities in excess of $5,000,000 or 10 percent, whichever is less; (6) reduces existing programs, projects, or activities
by $5,000,000 or 10 percent, whichever is less; or (7) creates, reorganizes, or restructures a branch, division, office, bureau, board,
commission, agency, administration, or department different from
the budget justifications submitted to the Committees on Appropriations or the table accompanying the explanatory statement accompanying this Act, whichever is more detailed, unless prior approval
is received from the House and Senate Committees on Appropriations: Provided, That not later than 60 days after the date of
enactment of this Act, each agency funded by this Act shall submit
a report to the Committees on Appropriations of the Senate and
of the House of Representatives to establish the baseline for application of reprogramming and transfer authorities for the current
fiscal year: Provided further, That the report shall include: (1)
a table for each appropriation with a separate column to display
the President’s budget request, adjustments made by Congress,
adjustments due to enacted rescissions, if appropriate, and the
fiscal year enacted level; (2) a delineation in the table for each
appropriation both by object class and program, project, and activity
as detailed in the budget appendix for the respective appropriation;
and (3) an identification of items of special congressional interest:
Provided further, That the amount appropriated or limited for salaries and expenses for an agency shall be reduced by $100,000
per day for each day after the required date that the report has
not been submitted to the Congress.
SEC. 406. Except as otherwise specifically provided by law,
not to exceed 50 percent of unobligated balances remaining available
at the end of fiscal year 2008 from appropriations made available
for salaries and expenses for fiscal year 2008 in this Act, shall
remain available through September 30, 2009, for each such account
for the purposes authorized: Provided, That a request shall be
submitted to the Committees on Appropriations for approval prior
to the expenditure of such funds: Provided further, That these
requests shall be made in compliance with reprogramming guidelines.
SEC. 407. All Federal agencies and departments that are funded
under this Act shall issue a report to the House and Senate Committees on Appropriations on all sole source contracts by no later
than July 31, 2008. Such report shall include the contractor, the
amount of the contract and the rationale for using a sole source
contract.
SEC. 408. (a) None of the funds made available in this Act
may be obligated or expended for any employee training that—
(1) does not meet identified needs for knowledge, skills,
and abilities bearing directly upon the performance of official
duties;
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PUBLIC LAW 110–161—DEC. 26, 2007
121 STAT. 2445
(2) contains elements likely to induce high levels of emotional response or psychological stress in some participants;
(3) does not require prior employee notification of the content and methods to be used in the training and written end
of course evaluation;
(4) contains any methods or content associated with religious or quasi-religious belief systems or ‘‘new age’’ belief systems as defined in Equal Employment Opportunity Commission
Notice N–915.022, dated September 2, 1988; or
(5) is offensive to, or designed to change, participants’
personal values or lifestyle outside the workplace.
(b) Nothing in this section shall prohibit, restrict, or otherwise
preclude an agency from conducting training bearing directly upon
the performance of official duties.
SEC. 409. None of the funds made available in this Act may
be used to provide homeownership assistance for applicants
described in 274A(h)(3) of the Immigration and Nationality Act
(8 U.S.C. 1324a(h)(3)).
SEC. 410. None of the funds in this Act may be used to employ
workers described in section 274A(h)(3) of the Immigration and
Nationality Act (8 U.S.C. 1324a(h)(3)).
SEC. 411. No funds in this Act may be used to support any
Federal, State, or local projects that seek to use the power of
eminent domain, unless eminent domain is employed only for a
public use: Provided, That for purposes of this section, public use
shall not be construed to include economic development that primarily benefits private entities: Provided further, That any use
of funds for mass transit, railroad, airport, seaport or highway
projects as well as utility projects which benefit or serve the general
public (including energy-related, communication-related, waterrelated and wastewater-related infrastructure), other structures
designated for use by the general public or which have other
common-carrier or public-utility functions that serve the general
public and are subject to regulation and oversight by the government, and projects for the removal of an immediate threat to
public health and safety or brownsfield as defined in the Small
Business Liability Relief and Brownsfield Revitalization Act (Public
Law 107–118) shall be considered a public use for purposes of
eminent domain.
SEC. 412. None of the funds made available in this Act may
be transferred to any department, agency, or instrumentality of
the United States Government, except pursuant to a transfer made
by, or transfer authority provided in, this Act or any other appropriations Act.
SEC. 413. No part of any appropriation contained in this Act
shall be available to pay the salary for any person filling a position,
other than a temporary position, formerly held by an employee
who has left to enter the Armed Forces of the United States and
has satisfactorily completed his period of active military or naval
service, and has within 90 days after his release from such service
or from hospitalization continuing after discharge for a period of
not more than 1 year, made application for restoration to his former
position and has been certified by the Office of Personnel Management as still qualified to perform the duties of his former position
and has not been restored thereto.
SEC. 414. No funds appropriated pursuant to this Act may
be expended by an entity unless the entity agrees that in expending
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PUBLIC LAW 110–161—DEC. 26, 2007
the assistance the entity will comply with sections 2 through 4
of the Act of March 3, 1933 (41 U.S.C. 10a–10c, popularly known
as the ‘‘Buy American Act’’).
SEC. 415. No funds appropriated or otherwise made available
under this Act shall be made available to any person or entity
that has been convicted of violating the Buy American Act (41
U.S.C. 10a–10c).
This division may be cited as the ‘‘Transportation, Housing
and Urban Development, and Related Agencies Appropriations Act,
2008’’.
Emergency
Supplemental
Appropriations
Act for Defense,
2008.
DIVISION L—SUPPLEMENTAL APPROPRIATIONS, DEFENSE
TITLE I—MILITARY PERSONNEL
MILITARY PERSONNEL
MILITARY PERSONNEL, ARMY
For an additional amount for ‘‘Military Personnel, Army’’,
$782,500,000.
MILITARY PERSONNEL, NAVY
For an additional amount for ‘‘Military Personnel, Navy’’,
$95,624,000.
MILITARY PERSONNEL, MARINE CORPS
For an additional amount for ‘‘Military Personnel, Marine
Corps’’, $56,050,000.
MILITARY PERSONNEL, AIR FORCE
For an additional amount for ‘‘Military Personnel, Air Force’’,
$138,037,000.
TITLE II—OPERATION AND MAINTENANCE
OPERATION AND MAINTENANCE
OPERATION
AND
MAINTENANCE, ARMY
For an additional amount for ‘‘Operation and Maintenance,
Army’’, $35,152,370,000.
OPERATION
AND
(INCLUDING
MAINTENANCE, NAVY
TRANSFERS OF FUNDS)
For an additional amount for ‘‘Operation and Maintenance,
Navy’’, $3,664,000,000: Provided, That up to $110,000,000 shall
be transferred to the Coast Guard ‘‘Operating Expenses’’ account.
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OPERATION
AND
MAINTENANCE, MARINE CORPS
For an additional amount for ‘‘Operation and Maintenance,
Marine Corps’’, $3,965,638,000.
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PUBLIC LAW 110–161—DEC. 26, 2007
OPERATION
AND
121 STAT. 2447
MAINTENANCE, AIR FORCE
For an additional amount for ‘‘Operation and Maintenance,
Air Force’’, $4,778,000,000.
OPERATION
AND
MAINTENANCE, DEFENSE-WIDE
For an additional amount for ‘‘Operation and Maintenance,
Defense-Wide’’, $2,116,950,000, of which up to $300,000,000, to
remain available until expended, may be used for payments to
reimburse Pakistan, Jordan, and other key cooperating nations,
for logistical, military, and other support provided, or to be provided,
to United States military operations, notwithstanding any other
provision of law: Provided, That such payments may be made in
such amounts as the Secretary of Defense, with the concurrence
of the Secretary of State, and in consultation with the Director
of the Office of Management and Budget, may determine, in his
discretion, based on documentation determined by the Secretary
of Defense to adequately account for the support provided, and
such determination is final and conclusive upon the accounting
officers of the United States, and 15 days following notification
to the appropriate congressional committees: Provided further, That
the Secretary of Defense shall provide quarterly reports to the
congressional defense committees on the use of funds provided
in this paragraph.
OPERATION
AND
Deadline.
Notification.
Reports.
MAINTENANCE, ARMY RESERVE
For an additional amount for ‘‘Operation and Maintenance,
Army Reserve’’, $77,736,000.
OPERATION
AND
MAINTENANCE, NAVY RESERVE
For an additional amount for ‘‘Operation and Maintenance,
Navy Reserve’’, $41,657,000.
OPERATION
AND
MAINTENANCE, MARINE CORPS RESERVE
For an additional amount for ‘‘Operation and Maintenance,
Marine Corps Reserve’’, $46,153,000.
OPERATIONS
AND
MAINTENANCE, AIR FORCE RESERVE
For an additional amount for ‘‘Operation and Maintenance,
Air Force Reserve’’, $12,133,000.
OPERATION
AND
MAINTENANCE, ARMY NATIONAL GUARD
For an additional amount for ‘‘Operation and Maintenance,
Army National Guard’’, $327,000,000.
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OPERATION
AND
MAINTENANCE, AIR NATIONAL GUARD
For an additional amount for ‘‘Operation and Maintenance,
Air National Guard’’, $51,634,000.
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121 STAT. 2448
PUBLIC LAW 110–161—DEC. 26, 2007
IRAQ FREEDOM FUND
(INCLUDING
Deadline.
Notification.
Reports.
Deadline.
TRANSFER OF FUNDS)
For an additional amount for ‘‘Iraq Freedom Fund’’,
$3,747,327,000, to remain available for transfer until September
30, 2009, only to support operations in Iraq or Afghanistan: Provided, That the Secretary of Defense may transfer the funds provided herein to appropriations for military personnel; operation
and maintenance; Overseas Humanitarian, Disaster, and Civic Aid;
procurement; research, development, test and evaluation; and
working capital funds: Provided further, That funds transferred
shall be merged with and be available for the same purposes and
for the same time period as the appropriation or fund to which
transferred: Provided further, That this transfer authority is in
addition to any other transfer authority available to the Department
of Defense: Provided further, That upon a determination that all
or part of the funds transferred from this appropriation are not
necessary for the purposes provided herein, such amounts may
be transferred back to this appropriation: Provided further, That
the Secretary of Defense shall, not fewer than 5 days prior to
making transfers from this appropriation, notify the congressional
defense committees in writing of the details of any such transfer:
Provided further, That the Secretary shall submit a report no later
than 30 days after the end of each fiscal quarter to the congressional
defense committees summarizing the details of the transfer of funds
from this appropriation.
AFGHANISTAN SECURITY FORCES FUND
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(INCLUDING
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TRANSFER OF FUNDS)
For the ‘‘Afghanistan Security Forces Fund’’, $1,350,000,000,
to remain available until September 30, 2009: Provided, That such
funds shall be available to the Secretary of Defense, notwithstanding any other provision of law, for the purpose of allowing
the Commander, Office of Security Cooperation–Afghanistan, or
the Secretary’s designee, to provide assistance, with the concurrence
of the Secretary of State, to the security forces of Afghanistan,
including the provision of equipment, supplies, services, training,
facility and infrastructure repair, renovation, and construction, and
funding: Provided further, That the authority to provide assistance
under this heading is in addition to any other authority to provide
assistance to foreign nations: Provided further, That the Secretary
of Defense may transfer such funds to appropriations for military
personnel; operation and maintenance; Overseas Humanitarian,
Disaster, and Civic Aid; procurement; research, development, test
and evaluation; and defense working capital funds to accomplish
the purposes provided herein: Provided further, That this transfer
authority is in addition to any other transfer authority available
to the Department of Defense: Provided further, That upon a determination that all or part of the funds so transferred from this
appropriation are not necessary for the purposes provided herein,
such amounts may be transferred back to this appropriation: Provided further, That contributions of funds for the purposes provided
herein from any person, foreign government, or international
organization may be credited to this Fund, and used for such
purposes: Provided further, That the Secretary shall notify the
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PUBLIC LAW 110–161—DEC. 26, 2007
121 STAT. 2449
congressional defense committees in writing upon the receipt and
upon the transfer of any contribution delineating the sources and
amounts of the funds received and the specific use of such contributions: Provided further, That the Secretary of Defense shall, not
fewer than 5 days prior to making transfers from this appropriation
account, notify the congressional defense committees in writing
of the details of any such transfer: Provided further, That the
Secretary shall submit a report no later than 30 days after the
end of each fiscal quarter to the congressional defense committees
summarizing the details of the transfer of funds from this appropriation.
Deadline.
Notification.
Reports.
Deadline.
IRAQ SECURITY FORCES FUND
(INCLUDING
TRANSFER OF FUNDS)
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For the ‘‘Iraq Security Forces Fund’’, $1,500,000,000, to remain
available until September 30, 2009: Provided, That such funds
shall be available to the Secretary of Defense, notwithstanding
any other provision of law, for the purpose of allowing the Commander, Multi-National Security Transition Command–Iraq, or the
Secretary’s designee, to provide assistance, with the concurrence
of the Secretary of State, to the security forces of Iraq, including
the provision of equipment, supplies, services, training, facility and
infrastructure repair, renovation, and construction, and funding:
Provided further, That the authority to provide assistance under
this heading is in addition to any other authority to provide assistance to foreign nations: Provided further, That the Secretary of
Defense may transfer such funds to appropriations for military
personnel; operation and maintenance; Overseas Humanitarian,
Disaster, and Civic Aid; procurement; research, development, test
and evaluation; and defense working capital funds to accomplish
the purposes provided herein: Provided further, That this transfer
authority is in addition to any other transfer authority available
to the Department of Defense: Provided further, That upon a determination that all or part of the funds so transferred from this
appropriation are not necessary for the purposes provided herein,
such amounts may be transferred back to this appropriation: Provided further, That contributions of funds for the purposes provided
herein from any person, foreign government, or international
organization may be credited to this Fund, and used for such
purposes: Provided further, That the Secretary shall notify the
congressional defense committees in writing upon the receipt and
upon the transfer of any contribution delineating the sources and
amounts of the funds received and the specific use of such contributions: Provided further, That the Secretary of Defense shall, not
fewer than 5 days prior to making transfers from this appropriation
account, notify the congressional defense committees in writing
of the details of any such transfer: Provided further, That the
Secretary shall submit a report no later than 30 days after the
end of each fiscal quarter to the congressional defense committees
summarizing the details of the transfer of funds from this appropriation.
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Notification.
Deadline.
Notification.
Reports.
Deadline.
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PUBLIC LAW 110–161—DEC. 26, 2007
JOINT IMPROVISED EXPLOSIVE DEVICE DEFEAT FUND
(INCLUDING
Deadline.
Plan.
Reports.
Deadline.
Deadline.
Notification.
TRANSFER OF FUNDS)
For the ‘‘Joint Improvised Explosive Device Defeat Fund’’,
$4,269,000,000, to remain available until September 30, 2010: Provided, That such funds shall be available to the Secretary of
Defense, notwithstanding any other provision of law, for the purpose
of allowing the Director of the Joint Improvised Explosive Device
Defeat Organization to investigate, develop and provide equipment,
supplies, services, training, facilities, personnel and funds to assist
United States forces in the defeat of improvised explosive devices:
Provided further, That within 60 days of the enactment of this
Act, a plan for the intended management and use of the Fund
is provided to the congressional defense committees: Provided further, That the Secretary of Defense shall submit a report not later
than 30 days after the end of each fiscal quarter to the congressional
defense committees providing assessments of the evolving threats,
individual service requirements to counter the threats, the current
strategy for predeployment training of members of the Armed Forces
on improvised explosive devices, and details on the execution of
this Fund: Provided further, That the Secretary of Defense may
transfer funds provided herein to appropriations for military personnel; operation and maintenance; procurement; research, development, test and evaluation; and defense working capital funds to
accomplish the purpose provided herein: Provided further, That
this transfer authority is in addition to any other transfer authority
available to the Department of Defense: Provided further, That
upon determination that all or part of the funds so transferred
from this appropriation are not necessary for the purpose provided
herein, such amounts may be transferred back to this appropriation:
Provided further, That the Secretary of Defense shall, not fewer
than 5 days prior to making transfers from this appropriation,
notify the congressional defense committees in writing of the details
of any such transfer.
TITLE III—PROCUREMENT
PROCUREMENT
AIRCRAFT PROCUREMENT, ARMY
For an additional amount for ‘‘Aircraft Procurement, Army’’,
$943,600,000, to remain available for obligation until September
30, 2010.
PROCUREMENT
OF
WEAPONS
AND TRACKED COMBAT VEHICLES,
ARMY
For an additional amount for ‘‘Procurement of Weapons and
Tracked Combat Vehicles, Army’’, $1,429,445,000, to remain available for obligation until September 30, 2010.
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PROCUREMENT
OF
AMMUNITION, ARMY
For an additional amount for ‘‘Procurement of Ammunition,
Army’’, $154,000,000, to remain available for obligation until September 30, 2010.
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PUBLIC LAW 110–161—DEC. 26, 2007
121 STAT. 2451
OTHER PROCUREMENT, ARMY
For an additional amount for ‘‘Other Procurement, Army’’,
$2,027,800,000, to remain available for obligation until September
30, 2010.
AIRCRAFT PROCUREMENT, NAVY
For an additional amount for ‘‘Aircraft Procurement, Navy’’,
$48,500,000, to remain available for obligation until September
30, 2010.
PROCUREMENT
OF
AMMUNITION, NAVY
AND
MARINE CORPS
For an additional amount for ‘‘Procurement of Ammunition,
Navy and Marine Corps’’, $304,945,000, to remain available for
obligation until September 30, 2010.
OTHER PROCUREMENT, NAVY
For an additional amount for ‘‘Other Procurement, Navy’’,
$91,481,000, to remain available for obligation until September
30, 2010.
PROCUREMENT, MARINE CORPS
For an additional amount for ‘‘Procurement, Marine Corps’’,
$703,250,000, to remain available for obligation until September
30, 2010.
AIRCRAFT PROCUREMENT, AIR FORCE
For an additional amount for ‘‘Aircraft Procurement, Air Force’’,
$51,400,000, to remain available for obligation until September
30, 2010.
OTHER PROCUREMENT, AIR FORCE
For an additional amount for ‘‘Other Procurement, Air Force’’,
$30,725,000, to remain available for obligation until September
30, 2010.
PROCUREMENT, DEFENSE-WIDE
For an additional amount for ‘‘Procurement, Defense-Wide’’,
$274,743,000, to remain available for obligation until September
30, 2010.
TITLE IV—REVOLVING AND MANAGEMENT FUNDS
REVOLVING AND MANAGEMENT FUNDS
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DEFENSE WORKING CAPITAL FUNDS
For an additional amount of ‘‘Defense Working Capital Funds’’,
$1,000,000,000, to remain available for obligation until September
30, 2010.
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121 STAT. 2452
PUBLIC LAW 110–161—DEC. 26, 2007
TITLE V—OTHER DEPARTMENT OF DEFENSE PROGRAMS
OTHER DEPARTMENT OF DEFENSE PROGRAMS
DEFENSE HEALTH PROGRAM
For an additional amount for ‘‘Defense Health Program’’,
$575,701,000 for Operation and maintenance.
DRUG INTERDICTION
AND
COUNTER-DRUG ACTIVITIES, DEFENSE
For an additional amount for ‘‘Drug Interdiction and CounterDrug Activities, Defense’’, $192,601,000.
TITLE VI—GENERAL PROVISIONS
GENERAL PROVISIONS
SEC. 601. Appropriations provided in this division are available
for obligation until September 30, 2008, unless otherwise so provided in this division.
SEC. 602. Notwithstanding any other provision of law or of
this division, funds made available in this division are in addition
to amounts appropriated or otherwise made available for the
Department of Defense for fiscal year 2008.
(TRANSFER OF FUNDS)
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VerDate Aug 31 2005
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SEC. 603. Upon the determination of the Secretary of Defense
that such action is necessary in the national interest, the Secretary
may transfer between appropriations up to $4,000,000,000 of the
funds made available to the Department of Defense in this division:
Provided, That the Secretary shall notify the Congress promptly
of each transfer made pursuant to the authority in this section:
Provided further, That the authority provided in this section is
in addition to any other transfer authority available to the Department of Defense.
SEC. 604. Funds appropriated in this division, or made available
by the transfer of funds in or pursuant to this division, for intelligence activities are deemed to be specifically authorized by the
Congress for purposes of section 504 of the National Security Act
of 1947 (50 U.S.C. 414).
SEC. 605. None of the funds provided in this division may
be used to finance programs or activities denied by Congress in
fiscal years 2007 or 2008 appropriations to the Department of
Defense or to initiate a procurement or research, development,
test and evaluation new start program without prior written
notification to the congressional defense committees.
SEC. 606. (a) AVAILABILITY OF FUNDS FOR CERP.—From funds
made available in this division to the Department of Defense,
not to exceed $500,000,000 may be used, notwithstanding any other
provision of law, to fund the Commander’s Emergency Response
Program, for the purpose of enabling military commanders in Iraq
to respond to urgent humanitarian relief and reconstruction requirements within their areas of responsibility by carrying out programs
that will immediately assist the Iraqi people, and to fund a similar
program to assist the people of Afghanistan.
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PUBLIC LAW 110–161—DEC. 26, 2007
121 STAT. 2453
(b) QUARTERLY REPORTS.—Not later than 15 days after the
end of each fiscal year quarter (beginning with the first quarter
of fiscal year 2008), the Secretary of Defense shall submit to the
congressional defense committees a report regarding the source
of funds and the allocation and use of funds during that quarter
that were made available pursuant to the authority provided in
this section or under any other provision of law for the purposes
of the programs under subsection (a).
SEC. 607. During the current fiscal year, funds available to
the Department of Defense for operation and maintenance may
be used, notwithstanding any other provision of law, to provide
supplies, services, transportation, including airlift and sealift, and
other logistical support to coalition forces supporting military and
stability operations in Iraq and Afghanistan: Provided, That the
Secretary of Defense shall provide quarterly reports to the congressional defense committees regarding support provided under this
section.
SEC. 608. During fiscal year 2008, supervision and administration costs associated with projects carried out with funds appropriated to ‘‘Afghanistan Security Forces Fund’’ or ‘‘Iraq Security
Forces Fund’’ in this division may be obligated at the time a
construction contract is awarded: Provided, That for the purpose
of this section, supervision and administration costs include all
in-house Government costs.
SEC. 609. (a) REPORTS ON PROGRESS TOWARD STABILITY IN
IRAQ.—Not later than 60 days after the date of the enactment
of this Act and every 90 days thereafter through the end of fiscal
year 2008, the Secretary of Defense shall set forth in a report
to Congress a comprehensive set of performance indicators and
measures for progress toward military and political stability in
Iraq.
(b) SCOPE OF REPORTS.—Each report shall include performance
standards and goals for security, economic, and security force
training objectives in Iraq together with a notional timetable for
achieving these goals.
(c) SPECIFIC ELEMENTS.—In specific, each report shall require,
at a minimum, the following:
(1) With respect to stability and security in Iraq, the following:
(A) Key measures of political stability, including the
important political milestones that must be achieved over
the next several years.
(B) The primary indicators of a stable security environment in Iraq, such as number of engagements per day,
numbers of trained Iraqi forces, and trends relating to
numbers and types of ethnic and religious-based hostile
encounters.
(C) An assessment of the estimated strength of the
insurgency in Iraq and the extent to which it is composed
of non-Iraqi fighters.
(D) A description of all militias operating in Iraq,
including the number, size, equipment strength, military
effectiveness, sources of support, legal status, and efforts
to disarm or reintegrate each militia.
(E) Key indicators of economic activity that should
be considered the most important for determining the prospects of stability in Iraq, including—
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Deadline.
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121 STAT. 2454
PUBLIC LAW 110–161—DEC. 26, 2007
(i) unemployment levels;
(ii) electricity, water, and oil production rates; and
(iii) hunger and poverty levels.
(F) The criteria the Administration will use to determine when it is safe to begin withdrawing United States
forces from Iraq.
(2) With respect to the training and performance of security
forces in Iraq, the following:
(A) The training provided Iraqi military and other
Ministry of Defense forces and the equipment used by
such forces.
(B) Key criteria for assessing the capabilities and readiness of the Iraqi military and other Ministry of Defense
forces, goals for achieving certain capability and readiness
levels (as well as for recruiting, training, and equipping
these forces), and the milestones and notional timetable
for achieving these goals.
(C) The operational readiness status of the Iraqi military forces, including the type, number, size, and organizational structure of Iraqi battalions that are—
(i) capable of conducting counterinsurgency operations independently;
(ii) capable of conducting counterinsurgency operations with the support of United States or coalition
forces; or
(iii) not ready to conduct counterinsurgency operations.
(D) The rates of absenteeism in the Iraqi military
forces and the extent to which insurgents have infiltrated
such forces.
(E) The training provided Iraqi police and other Ministry of Interior forces and the equipment used by such
forces.
(F) Key criteria for assessing the capabilities and readiness of the Iraqi police and other Ministry of Interior
forces, goals for achieving certain capability and readiness
levels (as well as for recruiting, training, and equipping),
and the milestones and notional timetable for achieving
these goals, including—
(i) the number of police recruits that have received
classroom training and the duration of such instruction;
(ii) the number of veteran police officers who have
received classroom instruction and the duration of such
instruction;
(iii) the number of police candidates screened by
the Iraqi Police Screening Service, the number of candidates derived from other entry procedures, and the
success rates of those groups of candidates;
(iv) the number of Iraqi police forces who have
received field training by international police trainers
and the duration of such instruction; and
(v) attrition rates and measures of absenteeism
and infiltration by insurgents.
(G) The estimated total number of Iraqi battalions
needed for the Iraqi security forces to perform duties now
being undertaken by coalition forces, including defending
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PUBLIC LAW 110–161—DEC. 26, 2007
121 STAT. 2455
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the borders of Iraq and providing adequate levels of law
and order throughout Iraq.
(H) The effectiveness of the Iraqi military and police
officer cadres and the chain of command.
(I) The number of United States and coalition advisors
needed to support the Iraqi security forces and associated
ministries.
(J) An assessment, in a classified annex if necessary,
of United States military requirements, including planned
force rotations, through the end of calendar year 2008.
SEC. 610. Each amount appropriated or otherwise made available in this division is designated as an emergency requirement
and necessary to meet emergency needs pursuant to subsections
(a) and (b) of section 204 of S. Con. Res. 21 (110th Congress),
the concurrent resolution on the budget for fiscal year 2008.
SEC. 611. None of the funds appropriated or otherwise made
available by this division may be obligated or expended to provide
award fees to any defense contractor for performance that does
not meet the requirements of the contract.
SEC. 612. No funds appropriated or otherwise made available
by this division may be used by the Government of the United
States to enter into an agreement with the Government of Iraq
that would subject members of the Armed Forces of the United
States to the jurisdiction of Iraq criminal courts or punishment
under Iraq law.
SEC. 613. Notwithstanding any other provision of law, the
Secretary of the Army may reimburse a member for expenses
incurred by the member or family member when such expenses
are otherwise not reimbursable under law: Provided, That such
expenses must have been incurred in good faith as a direct consequence of reasonable preparation for, or execution of, military
orders: Provided further, That reimbursement under this section
shall be allowed only in situations wherein other authorities are
insufficient to remedy a hardship determined by the Secretary,
and only when the Secretary determines that reimbursement of
the expense is in the best interest of the member and the United
States.
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121 STAT. 2456
PUBLIC LAW 110–161—DEC. 26, 2007
SEC. 614. In this division, the term ‘‘congressional defense
committees’’ means—
(1) the Committees on Armed Services and Appropriations
of the Senate; and
(2) the Committees on Armed Services and Appropriations
of the House of Representatives.
SEC. 615. This division may be cited as the ‘‘Emergency Supplemental Appropriations Act for Defense, 2008’’.
Approved December 26, 2007.
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LEGISLATIVE HISTORY—H.R. 2764:
HOUSE REPORTS: No. 110–197 (Comm. on Appropriations).
SENATE REPORTS: No. 110–128 (Comm. on Appropriations).
CONGRESSIONAL RECORD, Vol. 153 (2007):
June 20, 21, considered and passed House.
Sept. 6, considered and passed Senate, amended.
Dec. 17, House concurred in Senate amendment with amendments.
Dec. 18, Senate concurred in certain House amendments, in
another with an amendment.
Dec. 19, House concurred in Senate amendment pursuant to
H. Res. 893.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 43 (2007):
Dec. 26, Presidential statement.
Æ
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| File Type | application/pdf |
| File Title | PUBL161.PS |
| File Modified | 2012-03-20 |
| File Created | 2008-03-22 |