PUBLIC LAW 110–28—MAY 25, 2007

U.S. TROOP READINESS, VETERANS’

CARE, KATRINA RECOVERY, AND IRAQ

ACCOUNTABILITY APPROPRIATIONS ACT,

2007

121 STAT. 112 PUBLIC LAW 110–28—MAY 25, 2007

Public Law 110–28

110th Congress

An Act

Making emergency supplemental appropriations and additional supplemental appropriations for agricultural and other emergency assistance for the fiscal year ending

September 30, 2007, and for other purposes.

Be it enacted by the Senate and House of Representatives of

the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the ‘‘U.S. Troop Readiness, Veterans’

Care, Katrina Recovery, and Iraq Accountability Appropriations

Act, 2007’’.

SEC. 2. TABLE OF CONTENTS.

The table of contents for this Act is as follows:

TITLE I—SUPPLEMENTAL APPROPRIATIONS FOR DEFENSE, INTERNATIONAL AFFAIRS, AND OTHER SECURITY-RELATED NEEDS

TITLE II—HURRICANE KATRINA RECOVERY

TITLE III—ADDITIONAL DEFENSE, INTERNATIONAL AFFAIRS, AND HOMELAND SECURITY PROVISIONS

TITLE IV—ADDITIONAL HURRICANE DISASTER RELIEF AND RECOVERY

TITLE V—OTHER EMERGENCY APPROPRIATIONS

TITLE VI—OTHER MATTERS

TITLE VII—ELIMINATION OF SCHIP SHORTFALL AND OTHER HEALTH

MATTERS

TITLE VIII—FAIR MINIMUM WAGE AND TAX RELIEF

TITLE IX—AGRICULTURAL ASSISTANCE

TITLE X—GENERAL PROVISIONS

SEC. 3. 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, 2007.

U.S. Troop

Readiness,

Veterans’ Care,

Katrina

Recovery,

and Iraq

Accountability

Appropriations

Act, 2007.

May 25, 2007

[H.R. 2206]

PUBLIC LAW 110–28—MAY 25, 2007 121 STAT. 113

TITLE I—SUPPLEMENTAL APPROPRIATIONS FOR DEFENSE, INTERNATIONAL AFFAIRS, AND OTHER SECURITY-RELATED NEEDS

CHAPTER 1

DEPARTMENT OF AGRICULTURE

FOREIGN AGRICULTURAL SERVICE

PUBLIC LAW 480 TITLE II GRANTS

For an additional amount for ‘‘Public Law 480 Title II Grants’’,

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, $350,000,000, to remain available until expended.

CHAPTER 2

DEPARTMENT OF JUSTICE

LEGAL ACTIVITIES

SALARIES AND EXPENSES, GENERAL LEGAL ACTIVITIES

For an additional amount for ‘‘Salaries and Expenses, General

Legal Activities’’, $1,648,000, to remain available until September

30, 2008.

SALARIES AND EXPENSES, UNITED STATES ATTORNEYS

For an additional amount for ‘‘Salaries and Expenses, United

States Attorneys’’, $5,000,000, to remain available until September

30, 2008.

UNITED STATES MARSHALS SERVICE

SALARIES AND EXPENSES

For an additional amount for ‘‘Salaries and Expenses’’,

$6,450,000, to remain available until September 30, 2008.

NATIONAL SECURITY DIVISION

SALARIES AND EXPENSES

For an additional amount for ‘‘Salaries and Expenses’’,

$1,736,000, to remain available until September 30, 2008.

FEDERAL BUREAU OF INVESTIGATION

SALARIES AND EXPENSES

For an additional amount for ‘‘Salaries and Expenses’’,

$118,260,000, to remain available until September 30, 2008.

121 STAT. 114 PUBLIC LAW 110–28—MAY 25, 2007

DRUG ENFORCEMENT ADMINISTRATION

SALARIES AND EXPENSES

For an additional amount for ‘‘Salaries and Expenses’’, $8,468,000, to remain available until September 30, 2008.

BUREAU OF ALCOHOL, TOBACCO, FIREARMS AND EXPLOSIVES

SALARIES AND EXPENSES

For an additional amount for ‘‘Salaries and Expenses’’,

$4,000,000, to remain available until September 30, 2008.

FEDERAL PRISON SYSTEM

SALARIES AND EXPENSES

For an additional amount for ‘‘Salaries and Expenses’’,

$17,000,000, to remain available until September 30, 2008.

GENERAL PROVISIONS—THIS CHAPTER

SEC. 1201. Funds provided in this Act for the ‘‘Department

of Justice, United States Marshals Service, Salaries and Expenses’’

shall be made available according to the language relating to such

account in the joint explanatory statement accompanying the conference report on H.R. 1591 of the 110th Congress (H. Rept. 110–

107).

SEC. 1202. Funds provided in this Act for the ‘‘Department

of Justice, Legal Activities, Salaries and Expenses, General Legal

Activities’’, shall be made available according to the language

relating to such account in the joint explanatory statement accompanying the conference report on H.R. 1591 of the 110th Congress

(H. Rept. 110–107).

CHAPTER 3

DEPARTMENT OF DEFENSE—MILITARY

MILITARY PERSONNEL

MILITARY PERSONNEL, ARMY

For an additional amount for ‘‘Military Personnel, Army’’, $8,510,270,000.

MILITARY PERSONNEL, NAVY

For an additional amount for ‘‘Military Personnel, Navy’’,

$692,127,000.

MILITARY PERSONNEL, MARINE CORPS

For an additional amount for ‘‘Military Personnel, Marine

Corps’’, $1,386,871,000.

PUBLIC LAW 110–28—MAY 25, 2007 121 STAT. 115

MILITARY PERSONNEL, AIR FORCE

For an additional amount for ‘‘Military Personnel, Air Force’’, $1,079,287,000.

RESERVE PERSONNEL, ARMY

For an additional amount for ‘‘Reserve Personnel, Army’’, $147,244,000.

RESERVE PERSONNEL, NAVY

For an additional amount for ‘‘Reserve Personnel, Navy’’, $77,800,000.

RESERVE PERSONNEL, AIR FORCE

For an additional amount for ‘‘Reserve Personnel, Air Force’’,

$5,500,000.

NATIONAL GUARD PERSONNEL, ARMY

For an additional amount for ‘‘National Guard Personnel,

Army’’, $436,025,000.

NATIONAL GUARD PERSONNEL, AIR FORCE

For an additional amount for ‘‘National Guard Personnel, Air

Force’’, $24,500,000.

OPERATION AND MAINTENANCE

OPERATION AND MAINTENANCE, ARMY

For an additional amount for ‘‘Operation and Maintenance,

Army’’, $20,373,379,000.

OPERATION AND MAINTENANCE, NAVY

(INCLUDING TRANSFER OF FUNDS)

For an additional amount for ‘‘Operation and Maintenance,

Navy’’, $4,652,670,000, of which up to $120,293,000 shall be transferred to Coast Guard, ‘‘Operating Expenses’’, for reimbursement

for activities which support activities requested by the Navy.

OPERATION AND MAINTENANCE, MARINE CORPS

For an additional amount for ‘‘Operation and Maintenance,

Marine Corps’’, $1,146,594,000.

OPERATION AND MAINTENANCE, AIR FORCE

For an additional amount for ‘‘Operation and Maintenance,

Air Force’’, $6,650,881,000.

OPERATION AND MAINTENANCE, DEFENSE-WIDE

For an additional amount for ‘‘Operation and Maintenance,

Defense-Wide’’, $2,714,487,000, of which—

121 STAT. 116 PUBLIC LAW 110–28—MAY 25, 2007

(1) not to exceed $25,000,000 may be used for the Combatant Commander Initiative Fund, to be used in support of Operation Iraqi Freedom and Operation Enduring Freedom; and

(2) not to exceed $200,000,000, 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 to United States military

operations, notwithstanding any other provision of law: Provided, That such payments may be made in such amounts

as the Secretary of Defense, with the concurrence of the Secretary of State, and in consultation with the Director of the

Office of Management and Budget, may determine, in his

discretion, based on documentation determined by the Secretary

of Defense to adequately account for the support provided,

and such determination is final and conclusive upon the

accounting officers of the United States, and 15 days following

notification to the appropriate congressional committees: Provided further, That the Secretary of Defense shall provide quarterly reports to the congressional defense committees on the

use of funds provided in this paragraph.

OPERATION AND MAINTENANCE, ARMY RESERVE

For an additional amount for ‘‘Operation and Maintenance,

Army Reserve’’, $74,049,000.

OPERATION AND MAINTENANCE, NAVY RESERVE

For an additional amount for ‘‘Operation and Maintenance,

Navy Reserve’’, $111,066,000.

OPERATION AND MAINTENANCE, MARINE CORPS RESERVE

For an additional amount for ‘‘Operation and Maintenance,

Marine Corps Reserve’’, $13,591,000.

OPERATION AND MAINTENANCE, AIR FORCE RESERVE

For an additional amount for ‘‘Operation and Maintenance,

Air Force Reserve’’, $10,160,000.

OPERATION AND MAINTENANCE, ARMY NATIONAL GUARD

For an additional amount for ‘‘Operation and Maintenance,

Army National Guard’’, $83,569,000.

OPERATION AND MAINTENANCE, AIR NATIONAL GUARD

For an additional amount for ‘‘Operation and Maintenance, Air National Guard’’, $38,429,000.

AFGHANISTAN SECURITY FORCES FUND

For an additional amount for ‘‘Afghanistan Security Forces

Fund’’, $5,906,400,000, to remain available until September 30,

2008.

Reports.

Deadline.

Notification.

Deadline.

PUBLIC LAW 110–28—MAY 25, 2007 121 STAT. 117

IRAQ SECURITY FORCES FUND

For an additional amount for ‘‘Iraq Security Forces Fund’’, $3,842,300,000, to remain available until September 30, 2008.

IRAQ FREEDOM FUND

(INCLUDING TRANSFER OF FUNDS)

For an additional amount for ‘‘Iraq Freedom Fund’’,

$355,600,000, to remain available for transfer until September 30,

2008: Provided, That up to $50,000,000 may be obligated and

expended for purposes of the Task Force to Improve Business and

Stability Operations in Iraq.

JOINT IMPROVISED EXPLOSIVE DEVICE DEFEAT FUND

For an additional amount for ‘‘Joint Improvised Explosive

Device Defeat Fund’’, $2,432,800,000, to remain available until September 30, 2009.

PROCUREMENT

AIRCRAFT PROCUREMENT, ARMY

For an additional amount for ‘‘Aircraft Procurement, Army’’,

$619,750,000, to remain available until September 30, 2009.

MISSILE PROCUREMENT, ARMY

For an additional amount for ‘‘Missile Procurement, Army’’, $111,473,000, to remain available until September 30, 2009.

PROCUREMENT OF WEAPONS AND TRACKED COMBAT VEHICLES,

ARMY

For an additional amount for ‘‘Procurement of Weapons and

Tracked Combat Vehicles, Army’’, $3,404,315,000, to remain available until September 30, 2009.

PROCUREMENT OF AMMUNITION, ARMY

For an additional amount for ‘‘Procurement of Ammunition,

Army’’, $681,500,000, to remain available until September 30, 2009.

OTHER PROCUREMENT, ARMY

For an additional amount for ‘‘Other Procurement, Army’’,

$9,859,137,000, to remain available until September 30, 2009.

AIRCRAFT PROCUREMENT, NAVY

For an additional amount for ‘‘Aircraft Procurement, Navy’’, $1,090,287,000, to remain available until September 30, 2009.

WEAPONS PROCUREMENT, NAVY

For an additional amount for ‘‘Weapons Procurement, Navy’’,

$163,813,000, to remain available until September 30, 2009.

121 STAT. 118 PUBLIC LAW 110–28—MAY 25, 2007

PROCUREMENT OF AMMUNITION, NAVY AND MARINE CORPS

For an additional amount for ‘‘Procurement of Ammunition,

Navy and Marine Corps’’, $159,833,000, to remain available until

September 30, 2009.

OTHER PROCUREMENT, NAVY

For an additional amount for ‘‘Other Procurement, Navy’’,

$618,709,000, to remain available until September 30, 2009.

PROCUREMENT, MARINE CORPS

For an additional amount for ‘‘Procurement, Marine Corps’’,

$989,389,000, to remain available until September 30, 2009.

AIRCRAFT PROCUREMENT, AIR FORCE

For an additional amount for ‘‘Aircraft Procurement, Air Force’’,

$2,106,468,000, to remain available until September 30, 2009.

MISSILE PROCUREMENT, AIR FORCE

For an additional amount for ‘‘Missile Procurement, Air Force’’,

$94,900,000, to remain available until September 30, 2009.

PROCUREMENT OF AMMUNITION, AIR FORCE

For an additional amount for ‘‘Procurement of Ammunition,

Air Force’’, $6,000,000, to remain available until September 30,

2009.

OTHER PROCUREMENT, AIR FORCE

For an additional amount for ‘‘Other Procurement, Air Force’’,

$1,957,160,000, to remain available until September 30, 2009.

PROCUREMENT, DEFENSE-WIDE

For an additional amount for ‘‘Procurement, Defense-Wide’’,

$721,190,000, to remain available until September 30, 2009.

RESEARCH, DEVELOPMENT, TEST AND EVALUATION

RESEARCH, DEVELOPMENT, TEST AND EVALUATION, ARMY

For an additional amount for ‘‘Research, Development, Test

and Evaluation, Army’’, $100,006,000, to remain available until

September 30, 2008.

RESEARCH, DEVELOPMENT, TEST AND EVALUATION, NAVY

For an additional amount for ‘‘Research, Development, Test

and Evaluation, Navy’’, $298,722,000, to remain available until

September 30, 2008.

PUBLIC LAW 110–28—MAY 25, 2007 121 STAT. 119

RESEARCH, DEVELOPMENT, TEST AND EVALUATION, AIR FORCE

For an additional amount for ‘‘Research, Development, Test and Evaluation, Air Force’’, $187,176,000, to remain available until

September 30, 2008.

RESEARCH, DEVELOPMENT, TEST AND EVALUATION, DEFENSE-WIDE

For an additional amount for ‘‘Research, Development, Test and Evaluation, Defense-Wide’’, $512,804,000, to remain available

until September 30, 2008.

REVOLVING AND MANAGEMENT FUNDS

DEFENSE WORKING CAPITAL FUNDS

For an additional amount for ‘‘Defense Working Capital Funds’’, $1,115,526,000.

NATIONAL DEFENSE SEALIFT FUND

For an additional amount for ‘‘National Defense Sealift Fund’’,

$5,000,000.

OTHER DEPARTMENT OF DEFENSE PROGRAMS

DEFENSE HEALTH PROGRAM

For an additional amount for ‘‘Defense Health Program’’,

$1,123,147,000.

DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES, DEFENSE

For an additional amount for ‘‘Drug Interdiction and CounterDrug Activities, Defense’’, $254,665,000, to remain available until

expended.

RELATED AGENCIES

INTELLIGENCE COMMUNITY MANAGEMENT ACCOUNT

For an additional amount for ‘‘Intelligence Community Management Account’’, $71,726,000.

GENERAL PROVISIONS—THIS CHAPTER

SEC. 1301. Appropriations provided in this Act are available

for obligation until September 30, 2007, unless otherwise provided

herein.

(TRANSFER OF FUNDS)

SEC. 1302. Upon his determination that such action is necessary

in the national interest, the Secretary of Defense may transfer

between appropriations up to $3,500,000,000 of the funds made

available to the Department of Defense (except for military construction) in this Act: 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

Notification.

121 STAT. 120 PUBLIC LAW 110–28—MAY 25, 2007

this section is in addition to any other transfer authority available

to the Department of Defense and is subject to the same terms

and conditions as the authority provided in section 8005 of the

Department of Defense Appropriations Act, 2007 (Public Law 109–

289; 120 Stat. 1257), except for the fourth proviso: Provided further,

That funds previously transferred to the ‘‘Joint Improvised Explosive Device Defeat Fund’’ and the ‘‘Iraq Security Forces Fund’’

under the authority of section 8005 of Public Law 109–289 and

transferred back to their source appropriations accounts shall not

be taken into account for purposes of the limitation on the amount

of funds that may be transferred under section 8005.

SEC. 1303. Funds appropriated in this Act, or made available

by the transfer of funds in or pursuant to this Act, for intelligence

activities are deemed to be specifically authorized by the Congress

for purposes of section 504(a)(1) of the National Security Act of

1947 (50 U.S.C. 414(a)(1)).

SEC. 1304. None of the funds provided in this Act may be

used to finance programs or activities denied by Congress in fiscal

years 2006 or 2007 appropriations to the Department of Defense

(except for military construction) or to initiate a procurement or

research, development, test and evaluation new start program without prior written notification to the congressional defense committees.

(TRANSFER OF FUNDS)

SEC. 1305. During fiscal year 2007, the Secretary of Defense may transfer not to exceed $6,300,000 of the amounts in or credited

to the Defense Cooperation Account, pursuant to 10 U.S.C. 2608,

to such appropriations or funds of the Department of Defense as

he shall determine for use consistent with the purposes for which

such funds were contributed and accepted: Provided, That such

amounts shall be available for the same time period as the appropriation to which transferred: Provided further, That the Secretary

shall report to the Congress all transfers made pursuant to this

authority.

SEC. 1306. (a) AUTHORITY TO PROVIDE SUPPORT.—Of the

amount appropriated by this Act under the heading, ‘‘Drug Interdiction and Counter-Drug Activities, Defense’’, not to exceed

$60,000,000 may be used for support for counter-drug activities

of the Governments of Afghanistan and Pakistan: Provided, That

such support shall be in addition to support provided for the

counter-drug activities of such Governments under any other provision of the law.

(b) TYPES OF SUPPORT.— (1) Except as specified in subsection (b)(2) of this section,

the support that may be provided under the authority in this

section shall be limited to the types of support specified in

section 1033(c)(1) of the National Defense Authorization Act

for Fiscal Year 1998 (Public Law 105–85, as amended by Public

Laws 106–398, 108–136, and 109–364) and conditions on the

provision of support as contained in section 1033 shall apply

for fiscal year 2007.

(2) The Secretary of Defense may transfer vehicles, aircraft,

and detection, interception, monitoring and testing equipment

to said Governments for counter-drug activities.

SEC. 1307. (a) From funds made available for operation and

maintenance in this Act to the Department of Defense, not to

Applicability.

Reports.

PUBLIC LAW 110–28—MAY 25, 2007 121 STAT. 121

exceed $456,400,000 may be used, notwithstanding any other provision of law, to fund the Commanders’ Emergency Response Program, for the purpose of enabling military commanders in Iraq

and Afghanistan to respond to urgent humanitarian relief and

reconstruction requirements within their areas of responsibility by

carrying out programs that will immediately assist the Iraqi and

Afghan people.

(b) QUARTERLY REPORTS.—Not later than 15 days after the

end of each fiscal year quarter, 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. 1308. Section 9010 of division A of Public Law 109–

289 is amended by striking ‘‘2007’’ each place it appears and

inserting ‘‘2008’’.

SEC. 1309. During fiscal year 2007, supervision and administration costs associated with projects carried out with funds appropriated to ‘‘Afghanistan Security Forces Fund’’ or ‘‘Iraq Security

Forces Fund’’ in this Act 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. 1310. Section 1005(c)(2) of the National Defense Authorization Act, Fiscal Year 2007 (Public Law 109–364) is amended by

striking ‘‘$310,277,000’’ and inserting ‘‘$376,446,000’’.

SEC. 1311. Section 9007 of Public Law 109–289 is amended

by striking ‘‘20’’ and inserting ‘‘287’’.

SEC. 1312. From funds made available for the ‘‘Iraq Security Forces Fund’’ for fiscal year 2007, up to $155,500,000 may be

used, notwithstanding any other provision of law, to provide assistance, with the concurrence of the Secretary of State, to the Government of Iraq to support the disarmament, demobilization, and reintegration of militias and illegal armed groups.

(TRANSFER OF FUNDS)

SEC. 1313. Notwithstanding any other provision of law, not to exceed $110,000,000 may be transferred to the ‘‘Economic Support

Fund’’, Department of State, for use in programs in Pakistan from

amounts appropriated by this Act as follows: ‘‘Military Personnel, Army’’, $70,000,000.

‘‘National Guard Personnel, Army’’, $13,183,000.

‘‘Defense Health Program’’, $26,817,000.

SEC. 1314. (a) FINDINGS REGARDING PROGRESS IN IRAQ, THE

ESTABLISHMENT OF BENCHMARKS TO MEASURE THAT PROGRESS, AND

REPORTS TO CONGRESS.—Congress makes the following findings:

(1) Over 145,000 American military personnel are currently

serving in Iraq, like thousands of others since March 2003,

with the bravery and professionalism consistent with the finest

traditions of the United States Armed Forces, and are deserving

of the strong support of all Americans.

(2) Many American service personnel have lost their lives,

and many more have been wounded in Iraq; the American

people will always honor their sacrifice and honor their families.

(3) The United States Army and Marine Corps, including

their Reserve components and National Guard organizations,

120 Stat. 1306.

120 Stat. 2372.

120 Stat. 1307.

121 STAT. 122 PUBLIC LAW 110–28—MAY 25, 2007

together with components of the other branches of the military,

are performing their missions while under enormous strain

from multiple, extended deployments to Iraq and Afghanistan.

These deployments, and those that will follow, will have a

lasting impact on future recruiting, retention, and readiness

of our Nation’s all volunteer force.

(4) Iraq is experiencing a deteriorating problem of sectarian

and intrasectarian violence based upon political distrust and

cultural differences among factions of the Sunni and Shia populations.

(5) Iraqis must reach political and economic settlements

in order to achieve reconciliation, for there is no military solution. The failure of the Iraqis to reach such settlements to

support a truly unified government greatly contributes to the

increasing violence in Iraq.

(6) The responsibility for Iraq’s internal security and

halting sectarian violence rests with the sovereign Government

of Iraq.

(7) In December 2006, the bipartisan Iraq Study Group

issued a valuable report, suggesting a comprehensive strategy

that includes new and enhanced diplomatic and political efforts

in Iraq and the region, and a change in the primary mission

of U.S. forces in Iraq, that will enable the United States to

begin to move its combat forces out of Iraq responsibly.

(8) The President said on January 10, 2007, that ‘‘I’ve

made it clear to the Prime Minister and Iraq’s other leaders

that America’s commitment is not open-ended’’ so as to dispel

the contrary impression that exists.

(9) It is essential that the sovereign Government of Iraq

set out measurable and achievable benchmarks and President

Bush said, on January 10, 2007, that ‘‘America will change

our approach to help the Iraqi government as it works to

meet these benchmarks’’.

(10) As reported by Secretary of State Rice, Iraq’s Policy

Committee on National Security agreed upon a set of political,

security, and economic benchmarks and an associated timeline

in September 2006 that were: (A) reaffirmed by Iraq’s Presidency Council on October 6, 2006; (B) referenced by the Iraq

Study Group; and (C) posted on the President of Iraq’s Web

site.

(11) On April 21, 2007, Secretary of Defense Robert Gates

stated that ‘‘our [American] commitment to Iraq is long-term,

but it is not a commitment to have our young men and women

patrolling Iraq’s streets open-endedly’’ and that ‘‘progress in

reconciliation will be an important element of our evaluation’’.

(12) The President’s January 10, 2007, address had three

components: political, military, and economic. Given that

significant time has passed since his statement, and recognizing

the overall situation is ever changing, Congress must have

timely reports to evaluate and execute its constitutional oversight responsibilities.

(b) CONDITIONING OF FUTURE UNITED STATES STRATEGY IN

IRAQ ON THE IRAQI GOVERNMENT’S RECORD OF PERFORMANCE ON

ITS BENCHMARKS.—

(1) IN GENERAL.—

PUBLIC LAW 110–28—MAY 25, 2007 121 STAT. 123

(A) The United States strategy in Iraq, hereafter, shall

be conditioned on the Iraqi government meeting benchmarks, as told to members of Congress by the President,

the Secretary of State, the Secretary of Defense, and the

Chairman of the Joint Chiefs of Staff, and reflected in

the Iraqi Government’s commitments to the United States,

and to the international community, including:

(i) Forming a Constitutional Review Committee

and then completing the constitutional review.

(ii) Enacting and implementing legislation on deBaathification.

(iii) Enacting and implementing legislation to

ensure the equitable distribution of hydrocarbon

resources of the people of Iraq without regard to the

sect or ethnicity of recipients, and enacting and implementing legislation to ensure that the energy resources

of Iraq benefit Sunni Arabs, Shia Arabs, Kurds, and

other Iraqi citizens in an equitable manner.

(iv) Enacting and implementing legislation on

procedures to form semi-autonomous regions.

(v) Enacting and implementing legislation establishing an Independent High Electoral Commission,

provincial elections law, provincial council authorities,

and a date for provincial elections.

(vi) Enacting and implementing legislation

addressing amnesty.

(vii) Enacting and implementing legislation establishing a strong militia disarmament program to

ensure that such security forces are accountable only

to the central government and loyal to the Constitution

of Iraq.

(viii) Establishing supporting political, media, economic, and services committees in support of the Baghdad Security Plan.

(ix) Providing three trained and ready Iraqi brigades to support Baghdad operations.

(x) Providing Iraqi commanders with all authorities to execute this plan and to make tactical and

operational decisions, in consultation with U.S commanders, without political intervention, to include the

authority to pursue all extremists, including Sunni

insurgents and Shiite militias.

(xi) Ensuring that the Iraqi Security Forces are

providing even handed enforcement of the law.

(xii) Ensuring that, according to President Bush,

Prime Minister Maliki said ‘‘the Baghdad security plan

will not provide a safe haven for any outlaws, regardless of [their] sectarian or political affiliation’’.

(xiii) Reducing the level of sectarian violence in

Iraq and eliminating militia control of local security.

(xiv) Establishing all of the planned joint security

stations in neighborhoods across Baghdad.

(xv) Increasing the number of Iraqi security forces

units capable of operating independently.

(xvi) Ensuring that the rights of minority political

parties in the Iraqi legislature are protected.

121 STAT. 124 PUBLIC LAW 110–28—MAY 25, 2007

(xvii) Allocating and spending $10 billion in Iraqi

revenues for reconstruction projects, including delivery

of essential services, on an equitable basis.

(xviii) Ensuring that Iraq’s political authorities are

not undermining or making false accusations against

members of the Iraqi Security Forces.

(B) The President shall submit reports to Congress

on how the sovereign Government of Iraq is, or is not,

achieving progress towards accomplishing the aforementioned benchmarks, and shall advise the Congress on how

that assessment requires, or does not require, changes

to the strategy announced on January 10, 2007.

(2) REPORTS REQUIRED.—

(A) The President shall submit an initial report, in

classified and unclassified format, to the Congress, not

later than July 15, 2007, assessing the status of each

of the specific benchmarks established above, and declaring,

in his judgment, whether satisfactory progress toward

meeting these benchmarks is, or is not, being achieved.

(B) The President, having consulted with the Secretary

of State, the Secretary of Defense, the Commander, MultiNational Forces-Iraq, the United States Ambassador to

Iraq, and the Commander of U.S. Central Command, will

prepare the report and submit the report to Congress.

(C) If the President’s assessment of any of the specific

benchmarks established above is unsatisfactory, the President shall include in that report a description of such

revisions to the political, economic, regional, and military

components of the strategy, as announced by the President

on January 10, 2007. In addition, the President shall

include in the report, the advisability of implementing such

aspects of the bipartisan Iraq Study Group, as he deems

appropriate.

(D) The President shall submit a second report to

the Congress, not later than September 15, 2007, following

the same procedures and criteria outlined above.

(E) The reporting requirement detailed in section 1227

of the National Defense Authorization Act for Fiscal Year

2006 is waived from the date of the enactment of this

Act through the period ending September 15, 2007.

(3) TESTIMONY BEFORE CONGRESS.—Prior to the submission

of the President’s second report on September 15, 2007, and

at a time to be agreed upon by the leadership of the Congress

and the Administration, the United States Ambassador to Iraq

and the Commander, Multi-National Forces Iraq will be made

available to testify in open and closed sessions before the relevant committees of the Congress.

(c) LIMITATIONS ON AVAILABILITY OF FUNDS.—

(1) LIMITATION.—No funds appropriated or otherwise made

available for the ‘‘Economic Support Fund’’ and available for

Iraq may be obligated or expended unless and until the President of the United States certifies in the report outlined in

subsection (b)(2)(A) and makes a further certification in the

report outlined in subsection (b)(2)(D) that Iraq is making

progress on each of the benchmarks set forth in subsection

(b)(1)(A).

President.

Certification.

Waiver.

President.

President.

PUBLIC LAW 110–28—MAY 25, 2007 121 STAT. 125

(2) WAIVER AUTHORITY.—The President may waive the

requirements of this section if he submits to Congress a written

certification setting forth a detailed justification for the waiver,

which shall include a detailed report describing the actions

being taken by the United States to bring the Iraqi government

into compliance with the benchmarks set forth in subsection

(b)(1)(A). The certification shall be submitted in unclassified

form, but may include a classified annex.

(d) REDEPLOYMENT OF U.S. FORCES FROM IRAQ.—The President

of the United States, in respecting the sovereign rights of the

nation of Iraq, shall direct the orderly redeployment of elements

of U.S. forces from Iraq, if the components of the Iraqi government,

acting in strict accordance with their respective powers given by

the Iraqi Constitution, reach a consensus as recited in a resolution,

directing a redeployment of U.S. forces.

(e) INDEPENDENT ASSESSMENTS.—

(1) ASSESSMENT BY THE COMPTROLLER GENERAL.—

(A) Not later than September 1, 2007, the Comptroller

General of the United States shall submit to Congress

an independent report setting forth—

(i) the status of the achievement of the benchmarks

specified in subsection (b)(1)(A); and

(ii) the Comptroller General’s assessment of

whether or not each such benchmark has been met.

(2) ASSESSMENT OF THE CAPABILITIES OF IRAQI SECURITY

FORCES.—

(A) IN GENERAL.—There is hereby authorized to be

appropriated for the Department of Defense, $750,000, that

the Department, in turn, will commission an independent,

private sector entity, which operates as a 501(c)(3), with

recognized credentials and expertise in military affairs,

to prepare an independent report assessing the following:

(i) The readiness of the Iraqi Security Forces (ISF)

to assume responsibility for maintaining the territorial

integrity of Iraq, denying international terrorists a safe

haven, and bringing greater security to Iraq’s 18 provinces in the next 12 to 18 months, and bringing an

end to sectarian violence to achieve national reconciliation.

(ii) The training, equipping, command, control and

intelligence capabilities, and logistics capacity of the

ISF.

(iii) The likelihood that, given the ISF’s record

of preparedness to date, following years of training

and equipping by U.S. forces, the continued support

of U.S. troops will contribute to the readiness of the

ISF to fulfill the missions outlined in clause (i).

(B) REPORT.—Not later than 120 days after the enactment of this Act, the designated private sector entity shall

provide an unclassified report, with a classified annex,

containing its findings, to the House and Senate Committees on Armed Services, Appropriations, Foreign Relations/

International Relations, and Intelligence.

President.

Certification.

121 STAT. 126 PUBLIC LAW 110–28—MAY 25, 2007

CHAPTER 4

DEPARTMENT OF ENERGY

ATOMIC ENERGY DEFENSE ACTIVITIES

NATIONAL NUCLEAR SECURITY ADMINISTRATION

DEFENSE NUCLEAR NONPROLIFERATION

For an additional amount for ‘‘Defense Nuclear Nonproliferation’’, $63,000,000, to remain available until expended.

CHAPTER 5

DEPARTMENT OF DEFENSE

MILITARY CONSTRUCTION, ARMY

For an additional amount for ‘‘Military Construction, Army’’,

$1,255,890,000, to remain available until September 30, 2008: Provided, That notwithstanding any other provision of law, such funds

may be obligated and expended to carry out planning and design

and military construction projects not otherwise authorized by law:

Provided further, That of the funds provided under this heading,

not to exceed $173,700,000 shall be available for study, planning,

design, and architect and engineer services: Provided further, That

of the funds made available under this heading, $369,690,000 shall

not be obligated or expended until the Secretary of Defense submits

a detailed report explaining how military road construction is coordinated with NATO and coalition nations: Provided further, That

of the funds made available under this heading, $401,700,000 shall

not be obligated or expended until the Secretary of Defense submits

a detailed stationing plan to support Army end-strength growth

to the Committees on Appropriations of the House of Representatives and the Senate: Provided further, That of the funds provided under this heading, $274,800,000 shall not be obligated or expended

until the Secretary of Defense certifies that none of the funds

are to be used for the purpose of providing facilities for the permanent basing of United States military personnel in Iraq.

MILITARY CONSTRUCTION, NAVY AND MARINE CORPS

For an additional amount for ‘‘Military Construction, Navy

and Marine Corps’’, $370,990,000, to remain available until September 30, 2008: Provided, That notwithstanding any other provision of law, such funds may be obligated and expended to carry

out planning and design and military construction projects not

otherwise authorized by law: Provided further, That of the funds

provided under this heading, not to exceed $49,600,000 shall be

available for study, planning, design, and architect and engineer

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

this heading, $324,270,000 shall not be obligated or expended until

the Secretary of Defense submits a detailed stationing plan to

support Marine Corps end-strength growth to the Committees on

Appropriations of the House of Representatives and the Senate.

Stationing plan.

Certification.

Stationing plan.

Reports.

PUBLIC LAW 110–28—MAY 25, 2007 121 STAT. 127

MILITARY CONSTRUCTION, AIR FORCE

For an additional amount for ‘‘Military Construction, Air Force’’, $43,300,000, to remain available until September 30, 2008: Provided, That notwithstanding any other provision of law, such funds

may be obligated and expended to carry out planning and design

and military construction projects not otherwise authorized by law:

Provided further, That of the funds provided under this heading, not to exceed $3,000,000 shall be available for study, planning,

design, and architect and engineer services.

GENERAL PROVISION—THIS CHAPTER

SEC. 1501. (a) Funds provided in this Act for the following

accounts shall be made available for programs under the conditions

contained in the language of the joint explanatory statement of

managers accompanying the conference report on H.R. 1591 of

the 110th Congress (H. Rept. 110–107):

‘‘Military Construction, Army’’.

‘‘Military Construction, Navy and Marine Corps’’.

‘‘Military Construction, Air Force’’.

(b) The Secretary of Defense shall submit all reports requested

in House Report 110–60 and Senate Report 110–37 to the Committees on Appropriations of both Houses of Congress.

CHAPTER 6

DEPARTMENT OF STATE AND RELATED AGENCY

DEPARTMENT OF STATE

ADMINISTRATION OF FOREIGN AFFAIRS

DIPLOMATIC AND CONSULAR PROGRAMS

(INCLUDING TRANSFER OF FUNDS)

For an additional amount for ‘‘Diplomatic and Consular Programs’’, $836,555,000, to remain available until September 30, 2008,

of which $64,655,000 for World Wide Security Upgrades is available

until expended: Provided, That of the funds appropriated under

this heading, not more than $20,000,000 shall be made available

for public diplomacy programs: Provided further, That prior to the

obligation of funds pursuant to the previous proviso, the Secretary

of State shall submit a report to the Committees on Appropriations

describing a comprehensive public diplomacy strategy, with goals

and expected results, for fiscal years 2007 and 2008: Provided

further, That 20 percent of the amount available for Iraq operations

shall not be obligated until the Committees on Appropriations

receive and approve a detailed plan for expenditure, prepared by

the Secretary of State, and submitted within 60 days after the

date of enactment of this Act: Provided further, That of the amount

made available under this heading for Iraq, not to exceed

$20,000,000 may be transferred to, and merged with, funds in

the ‘‘Emergencies in the Diplomatic and Consular Service’’ appropriations account, to be available only for terrorism rewards.

Expenditure

plan.

Deadline.

Reports.

Reports.

121 STAT. 128 PUBLIC LAW 110–28—MAY 25, 2007

OFFICE OF THE INSPECTOR GENERAL

(INCLUDING TRANSFER OF FUNDS)

For an additional amount for ‘‘Office of Inspector General’’,

$35,000,000, to remain available until December 31, 2008: Provided,

That such amount shall be transferred to the Special Inspector

General for Iraq Reconstruction for reconstruction oversight.

EDUCATIONAL AND CULTURAL EXCHANGE PROGRAMS

For an additional amount for ‘‘Educational and Cultural

Exchange Programs’’, $20,000,000, to remain available until

expended.

INTERNATIONAL ORGANIZATIONS

CONTRIBUTIONS FOR INTERNATIONAL PEACEKEEPING ACTIVITIES

For an additional amount for ‘‘Contributions for International

Peacekeeping Activities’’, $283,000,000, to remain available until

September 30, 2008.

RELATED AGENCY

BROADCASTING BOARD OF GOVERNORS

INTERNATIONAL BROADCASTING OPERATIONS

For an additional amount for ‘‘International Broadcasting Operations’’ for activities related to broadcasting to the Middle East,

$10,000,000, to remain available until September 30, 2008.

BILATERAL ECONOMIC ASSISTANCE

FUNDS APPROPRIATED TO THE PRESIDENT

UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT

CHILD SURVIVAL AND HEALTH PROGRAMS FUND

(INCLUDING TRANSFER OF FUNDS)

For an additional amount for ‘‘Child Survival and Health Programs Fund’’, $161,000,000, to remain available until September

30, 2008: Provided, That notwithstanding any other provision of

law, if the President determines and reports to the Committees

on Appropriations that the human-to-human transmission of the

avian influenza virus is efficient and sustained, and is spreading

internationally, funds made available under the heading ‘‘Millennium Challenge Corporation’’ and ‘‘Global HIV/AIDS Initiative’’ in

prior Acts making appropriations for foreign operations, export

financing, and related programs may be transferred to, and merged

with, funds made available under this heading to combat avian

influenza: 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.

Notification.

President.

Reports.

Avian influenza.

PUBLIC LAW 110–28—MAY 25, 2007 121 STAT. 129

INTERNATIONAL DISASTER AND FAMINE ASSISTANCE

For an additional amount for ‘‘International Disaster and

Famine Assistance’’, $105,000,000, to remain available until

expended.

OPERATING EXPENSES OF THE UNITED STATES AGENCY FOR

INTERNATIONAL DEVELOPMENT

For an additional amount for ‘‘Operating Expenses of the United

States Agency for International Development’’, $5,700,000, to

remain available until September 30, 2008.

OTHER BILATERAL ECONOMIC ASSISTANCE

ECONOMIC SUPPORT FUND

For an additional amount for ‘‘Economic Support Fund’’,

$2,502,000,000, to remain available until September 30, 2008: Provided, That of the funds appropriated under this heading,

$57,400,000 shall be made available to nongovernmental organizations in Iraq for economic and social development programs and

activities in areas of conflict: Provided further, That the responsibility for policy decisions and justifications for the use of funds

appropriated by the previous proviso shall be the responsibility

of the United States Chief of Mission in Iraq: Provided further,

That none of the funds appropriated under this heading in this

Act or in prior Acts making appropriations for foreign operations,

export financing, and related programs may be made available

for the Political Participation Fund and the National Institutions

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

the heading ‘‘Economic Support Fund’’ in Public Law 109–234 for

Iraq to promote democracy, rule of law and reconciliation,

$2,000,000 should be made available for the United States Institute

of Peace for programs and activities in Afghanistan to remain

available until September 30, 2008.

ASSISTANCE FOR EASTERN EUROPE AND THE BALTIC STATES

For an additional amount for ‘‘Assistance for Eastern Europe and the Baltic States’’, $214,000,000, to remain available until

September 30, 2008, for assistance for Kosovo.

DEPARTMENT OF STATE

DEMOCRACY FUND

For an additional amount for ‘‘Democracy Fund’’, $255,000,000,

to remain available until September 30, 2008: Provided, That of

the funds appropriated under this heading, not less than

$190,000,000 shall be made available for the Human Rights and

Democracy Fund of the Bureau of Democracy, Human Rights, and

Labor, Department of State, and not less than $60,000,000 shall

be made available for the United States Agency for International

Development, for democracy, human rights and rule of law programs in Iraq: Provided further, That not later than 60 days after

enactment of this Act, the Secretary of State shall submit a report

to the Committees on Appropriations describing a comprehensive,

Deadline.

Reports.

121 STAT. 130 PUBLIC LAW 110–28—MAY 25, 2007

long-term strategy, with goals and expected results, for strengthening and advancing democracy in Iraq.

INTERNATIONAL NARCOTICS CONTROL AND LAW ENFORCEMENT

For an additional amount for ‘‘International Narcotics Control

and Law Enforcement’’, $210,000,000, to remain available until

September 30, 2008.

MIGRATION AND REFUGEE ASSISTANCE

For an additional amount for ‘‘Migration and Refugee Assist- ance’’, $71,500,000, to remain available until September 30, 2008,

of which not less than $5,000,000 shall be made available to rescue

Iraqi scholars.

UNITED STATES EMERGENCY REFUGEE AND MIGRATION ASSISTANCE

FUND

For an additional amount for ‘‘United States Emergency Refugee and Migration Assistance Fund’’, $30,000,000, to remain available until expended.

NONPROLIFERATION, ANTI-TERRORISM, DEMINING AND RELATED

PROGRAMS

For an additional amount for ‘‘Nonproliferation, Anti-Terrorism,

Demining and Related Programs’’, $27,500,000, to remain available

until September 30, 2008.

DEPARTMENT OF THE TREASURY

INTERNATIONAL AFFAIRS TECHNICAL ASSISTANCE

For an additional amount for ‘‘International Affairs Technical

Assistance’’, $2,750,000, to remain available until September 30,

2008.

MILITARY ASSISTANCE

FUNDS APPROPRIATED TO THE PRESIDENT

FOREIGN MILITARY FINANCING PROGRAM

For an additional amount for ‘‘Foreign Military Financing Pro- gram’’, $220,000,000, to remain available until September 30, 2008.

PEACEKEEPING OPERATIONS

For an additional amount for ‘‘Peacekeeping Operations’’,

$190,000,000, to remain available until September 30, 2008: Provided, That not later than 30 days after enactment of this Act

and every 30 days thereafter until September 30, 2008, the Secretary of State shall submit a report to the Committees on Appropriations detailing the obligation and expenditure of funds made

available under this heading in this Act and in prior Acts making

appropriations for foreign operations, export financing, and related

programs.

Deadline.

Reports.

PUBLIC LAW 110–28—MAY 25, 2007 121 STAT. 131

GENERAL PROVISION—THIS CHAPTER

AUTHORIZATION OF FUNDS

SEC. 1601. Funds appropriated by this Act may be obligated

and expended notwithstanding section 10 of Public Law 91–672

(22 U.S.C. 2412), section 15 of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2680), section 313 of the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995 (22 U.S.C.

6212), and section 504(a)(1) of the National Security Act of 1947

(50 U.S.C. 414(a)(1)).

TITLE II—HURRICANE KATRINA

RECOVERY

DEPARTMENT OF HOMELAND SECURITY

FEDERAL EMERGENCY MANAGEMENT AGENCY

DISASTER RELIEF

For an additional amount for ‘‘Disaster Relief’’, $3,400,000,000,

to remain available until expended.

TITLE III—ADDITIONAL DEFENSE,

INTERNATIONAL AFFAIRS, AND

HOMELAND SECURITY PROVISIONS

CHAPTER 1

DEPARTMENT OF AGRICULTURE

FOREIGN AGRICULTURAL SERVICE

PUBLIC LAW 480 TITLE II GRANTS

For an additional amount for ‘‘Public Law 480 Title II Grants’’,

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, $100,000,000, to remain available until expended.

GENERAL PROVISION—THIS CHAPTER

SEC. 3101. There is hereby appropriated $10,000,000 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 to replenish the Bill Emerson

Humanitarian Trust.

121 STAT. 132 PUBLIC LAW 110–28—MAY 25, 2007

CHAPTER 2

DEPARTMENT OF JUSTICE

FEDERAL BUREAU OF INVESTIGATION

SALARIES AND EXPENSES

For an additional amount for ‘‘Salaries and Expenses’’,

$139,740,000, of which $129,740,000 is to remain available until

September 30, 2008 and $10,000,000 is to remain available until

expended to implement corrective actions in response to the findings

and recommendations in the Department of Justice Office of

Inspector General report entitled, ‘‘A Review of the Federal Bureau

of Investigation’s Use of National Security Letters’’, of which

$500,000 shall be transferred to and merged with ‘‘Department

of Justice, Office of the Inspector General’’.

DRUG ENFORCEMENT ADMINISTRATION

SALARIES AND EXPENSES

For an additional amount for ‘‘Salaries and Expenses’’,

$3,698,000, to remain available until September 30, 2008.

GENERAL PROVISION—THIS CHAPTER

SEC. 3201. Funds provided in this Act for the ‘‘Department

of Justice, Federal Bureau of Investigation, Salaries and Expenses’’,

shall be made available according to the language relating to such

account in the joint explanatory statement accompanying the conference report on H.R. 1591 of the 110th Congress (H. Rept. 110–

107).

CHAPTER 3

DEPARTMENT OF DEFENSE—MILITARY

MILITARY PERSONNEL

MILITARY PERSONNEL, ARMY

For an additional amount for ‘‘Military Personnel, Army’’, $343,080,000.

MILITARY PERSONNEL, NAVY

For an additional amount for ‘‘Military Personnel, Navy’’,

$408,283,000.

MILITARY PERSONNEL, MARINE CORPS

For an additional amount for ‘‘Military Personnel, Marine Corps’’, $108,956,000.

MILITARY PERSONNEL, AIR FORCE

For an additional amount for ‘‘Military Personnel, Air Force’’,

$139,300,000.

PUBLIC LAW 110–28—MAY 25, 2007 121 STAT. 133

RESERVE PERSONNEL, NAVY

For an additional amount for ‘‘Reserve Personnel, Navy’’, $8,223,000.

RESERVE PERSONNEL, MARINE CORPS

For an additional amount for ‘‘Reserve Personnel, Marine

Corps’’, $5,660,000.

RESERVE PERSONNEL, AIR FORCE

For an additional amount for ‘‘Reserve Personnel, Air Force’’,

$6,073,000.

NATIONAL GUARD PERSONNEL, ARMY

For an additional amount for ‘‘National Guard Personnel,

Army’’, $109,261,000.

NATIONAL GUARD PERSONNEL, AIR FORCE

For an additional amount for ‘‘National Guard Personnel, Air

Force’’, $19,533,000.

OPERATION AND MAINTENANCE

OPERATION AND MAINTENANCE, NAVY

For an additional amount for ‘‘Operation and Maintenance,

Navy’’, $24,000,000.

STRATEGIC RESERVE READINESS FUND

(INCLUDING TRANSFER OF FUNDS)

In addition to amounts provided in this or any other Act,

for training, operations, repair of equipment, purchases of equipment, and other expenses related to improving the readiness of

non-deployed United States military forces, $1,615,000,000, to

remain available until September 30, 2009; of which $1,000,000,000

shall be transferred to ‘‘National Guard and Reserve Equipment’’

for the purchase of equipment for the Army National Guard; and

of which $615,000,000 shall be transferred by the Secretary of

Defense only to appropriations for military personnel, operation

and maintenance, procurement, and defense working capital funds

to accomplish the purposes provided herein: Provided, That the

funds transferred shall be merged with and shall be available

for the same purposes and for the same time period as the appropriation to which transferred: Provided further, That the Secretary

of Defense shall, not fewer than 30 days prior to making transfers

under this authority, notify the congressional defense committees

in writing of the details of any such transfers made pursuant

to this authority: Provided further, That funds shall be transferred

to the appropriation accounts not later than 120 days after the

enactment of this Act: Provided further, That the transfer authority

provided in this paragraph 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

Deadline.

Deadline.

Notification.

121 STAT. 134 PUBLIC LAW 110–28—MAY 25, 2007

from this appropriation are not necessary for the purposes provided

herein, such amounts may be transferred back to this appropriation.

PROCUREMENT

OTHER PROCUREMENT, ARMY

For an additional amount for ‘‘Other Procurement, Army’’, $1,217,000,000, to remain available until September 30, 2009: Provided, That the amount provided under this heading shall be available only for the purchase of mine resistant ambush protected

vehicles.

OTHER PROCUREMENT, NAVY

For an additional amount for ’’Other Procurement, Navy’’,

$130,040,000, to remain available until September 30, 2009: Provided, That the amount provided under this heading shall be available only for the purchase of mine resistant ambush protected

vehicles.

PROCUREMENT, MARINE CORPS

For an additional amount for ‘‘Procurement, Marine Corps’’,

$1,263,360,000, to remain available until September 30, 2009: Provided, That the amount provided under this heading shall be available only for the purchase of mine resistant ambush protected

vehicles.

OTHER PROCUREMENT, AIR FORCE

For an additional amount for ‘‘Other Procurement, Air Force’’,

$139,040,000, to remain available until September 30, 2009: Provided, That the amount provided under this heading shall be available only for the purchase of mine resistant ambush protected

vehicles.

PROCUREMENT, DEFENSE-WIDE

For an additional amount for ‘‘Procurement, Defense-Wide’’,

$258,860,000, to remain available until September 30, 2009: Provided, That the amount provided under this heading shall be available only for the purchase of mine resistant ambush protected

vehicles.

OTHER DEPARTMENT OF DEFENSE PROGRAMS

DEFENSE HEALTH PROGRAM

(INCLUDING TRANSFER OF FUNDS)

For an additional amount for ‘‘Defense Health Program’’,

$1,878,706,000; of which $1,429,006,000 shall be for operation and

maintenance, including $600,000,000 which shall be available for

the treatment of traumatic brain injury and post-traumatic stress

disorder and remain available until September 30, 2008; of which

$118,000,000 shall be for procurement, to remain available until

September 30, 2009; and of which $331,700,000 shall be for

research, development, test and evaluation, to remain available

PUBLIC LAW 110–28—MAY 25, 2007 121 STAT. 135

until September 30, 2008: Provided, That if the Secretary of Defense

determines that funds made available in this paragraph for the

treatment of traumatic brain injury and post-traumatic stress disorder are in excess of the requirements of the Department of

Defense, the Secretary may transfer amounts in excess of that

requirement to the Department of Veterans Affairs to be available

only for the same purpose.

GENERAL PROVISIONS—THIS CHAPTER

SEC. 3301. None of the funds appropriated or otherwise made

available by this or any other Act shall be obligated or expended

by the United States Government for a purpose as follows:

(1) To establish any military installation or base for the

purpose of providing for the permanent stationing of United

States Armed Forces in Iraq.

(2) To exercise United States control over any oil resource

of Iraq.

SEC. 3302. None of the funds made available in this Act may

be used in contravention of the following laws enacted or regulations

promulgated to implement the United Nations Convention Against

Torture and Other Cruel, Inhuman or Degrading Treatment or

Punishment (done at New York on December 10, 1984)—

(1) section 2340A of title 18, United States Code;

(2) section 2242 of the Foreign Affairs Reform and Restructuring Act of 1998 (division G of Public Law 105–277; 112

Stat. 2681–822; 8 U.S.C. 1231 note) and regulations prescribed

thereto, including regulations under part 208 of title 8, Code

of Federal Regulations, and part 95 of title 22, Code of Federal

Regulations; and

(3) sections 1002 and 1003 of the Department of Defense,

Emergency Supplemental Appropriations to Address Hurricanes in the Gulf of Mexico, and Pandemic Influenza Act,

2006 (Public Law 109–148).

SEC. 3303. (a) REPORT BY SECRETARY OF DEFENSE.—Not later

than 30 days after the date of the enactment of this Act, the

Secretary of Defense shall submit to the congressional defense

committees a report that contains individual transition readiness

assessments by unit of Iraq and Afghan security forces. The Secretary of Defense shall submit to the congressional defense committees updates of the report required by this subsection every 90

days after the date of the submission of the report until October

1, 2008. The report and updates of the report required by this

subsection shall be submitted in classified form.

(b) REPORT BY OMB.—

(1) The Director of the Office of Management and Budget,

in consultation with the Secretary of Defense; the Commander,

Multi-National Security Transition Command—Iraq; and the

Commander, Combined Security Transition Command—

Afghanistan, shall submit to the congressional defense committees not later than 120 days after the date of the enactment

of this Act and every 90 days thereafter a report on the proposed

use of all funds under each of the headings ‘‘Iraq Security

Forces Fund’’ and ‘‘Afghanistan Security Forces Fund’’ on a

project-by-project basis, for which the obligation of funds is

anticipated during the three-month period from such date,

121 STAT. 136 PUBLIC LAW 110–28—MAY 25, 2007

including estimates by the commanders referred to in this

paragraph of the costs required to complete each such project.

(2) The report required by this subsection shall include

the following:

(A) The use of all funds on a project-by-project basis

for which funds appropriated under the headings referred

to in paragraph (1) were obligated prior to the submission

of the report, including estimates by the commanders

referred to in paragraph (1) of the costs to complete each

project.

(B) The use of all funds on a project-by-project basis

for which funds were appropriated under the headings

referred to in paragraph (1) in prior appropriations Acts,

or for which funds were made available by transfer, reprogramming, or allocation from other headings in prior

appropriations Acts, including estimates by the commanders referred to in paragraph (1) of the costs to complete each project.

(C) An estimated total cost to train and equip the

Iraq and Afghan security forces, disaggregated by major

program and sub-elements by force, arrayed by fiscal year.

(c) NOTIFICATION.—The Secretary of Defense shall notify the

congressional defense committees of any proposed new projects or

transfers of funds between sub-activity groups in excess of

$15,000,000 using funds appropriated by this Act under the

headings ‘‘Iraq Security Forces Fund’’ and ‘‘Afghanistan Security

Forces Fund’’.

SEC. 3304. None of the funds appropriated or otherwise made

available by this Act may be obligated or expended to provide

award fees to any defense contractor contrary to the provisions

of section 814 of the National Defense Authorization Act, Fiscal

Year 2007 (Public Law 109–364).

SEC. 3305. Not more than 85 percent of the funds appropriated

to the Department of Defense in this Act for operation and maintenance shall be available for obligation unless and until the Secretary

of Defense submits to the congressional defense committees a report

detailing the use of Department of Defense funded service contracts

conducted in the theater of operations in support of United States

military and reconstruction activities in Iraq and Afghanistan: Provided, That the report shall provide detailed information specifying

the number of contracts and contract costs used to provide services

in fiscal year 2006, with sub-allocations by major service categories:

Provided further, That the report also shall include estimates of

the number of contracts to be executed in fiscal year 2007: Provided

further, That the report shall include the number of contractor

personnel in Iraq and Afghanistan funded by the Department of

Defense: Provided further, That the report shall be submitted to

the congressional defense committees not later than August 1,

2007.

SEC. 3306. Section 1477 of title 10, United States Code, is

amended—

(1) in subsection (a), by striking ‘‘A death gratuity’’ and

inserting ‘‘Subject to subsection (d), a death gratuity’’;

(2) by redesignating subsection (d) as subsection (e) and,

in such subsection, by striking ‘‘If an eligible survivor dies

before he’’ and inserting ‘‘If a person entitled to all or a portion

Deadline.

Contracts.

Reports.

PUBLIC LAW 110–28—MAY 25, 2007 121 STAT. 137

of a death gratuity under subsection (a) or (d) dies before

the person’’; and

(3) by inserting after subsection (c) the following new subsection (d):

‘‘(d) During the period beginning on the date of the enactment

of this subsection and ending on September 30, 2007, a person

covered by section 1475 or 1476 of this title may designate another

person to receive not more than 50 percent of the amount payable

under section 1478 of this title. The designation shall indicate

the percentage of the amount, to be specified only in 10 percent

increments up to the maximum of 50 percent, that the designated

person may receive. The balance of the amount of the death gratuity

shall be paid to or for the living survivors of the person concerned

in accordance with paragraphs (1) through (5) of subsection (a).’’.

SEC. 3307. (a) INSPECTION OF MILITARY MEDICAL TREATMENT

FACILITIES, MILITARY QUARTERS HOUSING MEDICAL HOLD PERSONNEL, AND MILITARY QUARTERS HOUSING MEDICAL HOLDOVER

PERSONNEL.—

(1) IN GENERAL.—Not later than 180 days after the date

of the enactment of this Act, and annually thereafter, the

Secretary of Defense shall inspect each facility of the Department of Defense as follows:

(A) Each military medical treatment facility.

(B) Each military quarters housing medical hold personnel.

(C) Each military quarters housing medical holdover

personnel.

(2) PURPOSE.—The purpose of an inspection under this

subsection is to ensure that the facility or quarters concerned

meets acceptable standards for the maintenance and operation

of medical facilities, quarters housing medical hold personnel,

or quarters housing medical holdover personnel, as applicable.

(b) ACCEPTABLE STANDARDS.—For purposes of this section,

acceptable standards for the operation and maintenance of military

medical treatment facilities, military quarters housing medical hold

personnel, or military quarters housing medical holdover personnel

are each of the following:

(1) Generally accepted standards for the accreditation of

medical facilities, or for facilities used to quarter individuals

with medical conditions that may require medical supervision,

as applicable, in the United States.

(2) Where appropriate, standards under the Americans with

Disabilities Act of 1990 (42 U.S.C. 12101 et seq.).

(c) ADDITIONAL INSPECTIONS ON IDENTIFIED DEFICIENCIES.—

(1) IN GENERAL.—In the event a deficiency is identified

pursuant to subsection (a) at a facility or quarters described

in paragraph (1) of that subsection—

(A) the commander of such facility or quarters, as

applicable, shall submit to the Secretary a detailed plan

to correct the deficiency; and

(B) the Secretary shall reinspect such facility or quarters, as applicable, not less often than once every 180

days until the deficiency is corrected.

(2) CONSTRUCTION WITH OTHER INSPECTIONS.—An inspection of a facility or quarters under this subsection is in addition

to any inspection of such facility or quarters under subsection

(a).

Deadline.

10 USC 1073

note.

121 STAT. 138 PUBLIC LAW 110–28—MAY 25, 2007

(d) REPORTS ON INSPECTIONS.—A complete copy of the report

on each inspection conducted under subsections (a) and (c) shall

be submitted in unclassified form to the applicable military medical

command and to the congressional defense committees.

(e) REPORT ON STANDARDS.—In the event no standards for

the maintenance and operation of military medical treatment facilities, military quarters housing medical hold personnel, or military

quarters housing medical holdover personnel exist as of the date

of the enactment of this Act, or such standards as do exist do

not meet acceptable standards for the maintenance and operation

of such facilities or quarters, as the case may be, the Secretary

shall, not later than 30 days after that date, submit to the congressional defense committees a report setting forth the plan of the

Secretary to ensure—

(1) the adoption by the Department of standards for the

maintenance and operation of military medical facilities, military quarters housing medical hold personnel, or military quarters housing medical holdover personnel, as applicable, that

meet—

(A) acceptable standards for the maintenance and operation of such facilities or quarters, as the case may be;

and

(B) where appropriate, standards under the Americans

with Disabilities Act of 1990; and

(2) the comprehensive implementation of the standards

adopted under paragraph (1) at the earliest date practicable.

SEC. 3308. (a) AWARD OF MEDAL OF HONOR TO WOODROW

W. KEEBLE FOR VALOR DURING KOREAN WAR.—Notwithstanding

any applicable time limitation under section 3744 of title 10, United

States Code, or any other time limitation with respect to the award

of certain medals to individuals who served in the Armed Forces,

the President may award to Woodrow W. Keeble the Medal of

Honor under section 3741 of that title for the acts of valor described

in subsection (b).

(b) ACTS OF VALOR.—The acts of valor referred to in subsection

(a) are the acts of Woodrow W. Keeble, then-acting platoon leader,

carried out on October 20, 1951, during the Korean War.

(TRANSFER OF FUNDS)

SEC. 3309. Of the amount appropriated under the heading

‘‘Other Procurement, Army’’, in title III of division A of Public

Law 109–148, $6,250,000 shall be transferred to ‘‘Military Construction, Army’’.

SEC. 3310. The Secretary of Defense, notwithstanding any other

provision of law, acting through the Office of Economic Adjustment

or the Office of Dependents Education of the Department of Defense,

shall use not less than $10,000,000 of funds made available in

this Act under the heading ‘‘Operation and Maintenance, DefenseWide’’ to make grants and supplement other Federal funds to provide special assistance to local education agencies.

SEC. 3311. Congress finds that United States military units

should not enter into combat unless they are fully capable of performing their assigned mission. Congress further finds that this

is the policy of the Department of Defense. The Secretary of Defense

shall notify Congress of any changes to this policy.

Notification.

PUBLIC LAW 110–28—MAY 25, 2007 121 STAT. 139

CHAPTER 4

DEPARTMENT OF ENERGY

ATOMIC ENERGY DEFENSE ACTIVITIES

NATIONAL NUCLEAR SECURITY ADMINISTRATION

DEFENSE NUCLEAR NONPROLIFERATION

For an additional amount for ‘‘Defense Nuclear Nonproliferation’’, $72,000,000 is provided for the International Nuclear Materials Protection and Cooperation Program, to remain available until

expended.

GENERAL PROVISION—THIS CHAPTER

(TRANSFER OF FUNDS)

SEC. 3401. The Administrator of the National Nuclear Security

Administration is authorized to transfer up to $1,000,000 from

Defense Nuclear Nonproliferation to the Office of the Administrator

during fiscal year 2007 supporting nuclear nonproliferation activities.

CHAPTER 5

DEPARTMENT OF HOMELAND SECURITY

ANALYSIS AND OPERATIONS

For an additional amount for ‘‘Analysis and Operations’’,

$8,000,000, to remain available until September 30, 2008, to be

used for support of the State and Local Fusion Center program:

Provided, That starting July 1, 2007, the Secretary of Homeland

Security shall submit quarterly reports to the Committees on Appropriations of the Senate and the House of Representatives detailing

the information required in House Report 110–107.

UNITED STATES CUSTOMS AND BORDER PROTECTION

SALARIES AND EXPENSES

(INCLUDING TRANSFER OF FUNDS)

For an additional amount for ‘‘Salaries and Expenses’’,

$75,000,000, to remain available until September 30, 2008, to support hiring not less than 400 additional United States Customs

and Border Protection Officers, as well as additional intelligence

analysts, trade specialists, and support staff to target and screen

U.S.-bound cargo on the Northern Border, at overseas locations,

and at the National Targeting Center; to support hiring additional

staffing required for Northern Border Air and Marine operations;

to implement Security and Accountability For Every Port Act of

2006 (Public Law 109–347) requirements; to advance the goals

of the Secure Freight Initiative to improve significantly the ability

of United States Customs and Border Protection to target and

analyze U.S.-bound cargo containers; to expand overseas screening

and physical inspection capacity for U.S.-bound cargo; to procure

Effective date.

Reports.

6 USC 481 note.

121 STAT. 140 PUBLIC LAW 110–28—MAY 25, 2007

and integrate non-intrusive inspection equipment into inspection

and radiation detection operations; and to improve supply chain

security, to include enhanced analytic and targeting systems using

data collected via commercial and government technologies and

databases: Provided, That up to $3,000,000 shall be transferred

to Federal Law Enforcement Training Center ‘‘Salaries and

Expenses’’, for basic training costs associated with the additional

personnel funded under this heading: Provided further, That the

Secretary shall submit an expenditure plan for the use of these

funds to the Committees on Appropriations of the Senate and

the House of Representatives no later than 30 days after enactment

of this Act: Provided further, That the Secretary shall notify the

Committees on Appropriations of the Senate and the House of

Representatives immediately if United States Customs and Border

Protection does not expect to achieve its plan of having at least

1,158 Border Patrol agents permanently deployed to the Northern

Border by the end of fiscal year 2007, and explain in detail the

reasons for any shortfall.

AIR AND MARINE INTERDICTION, OPERATIONS, MAINTENANCE, AND

PROCUREMENT

For an additional amount for ‘‘Air and Marine Interdiction,

Operations, Maintenance, and Procurement’’, for air and marine

operations on the Northern Border, including the final Northern

Border air wing, $75,000,000, to remain available until September

30, 2008, to accelerate planned deployment of Northern Border

Air and Marine operations, including establishment of the final

Northern Border airwing, procurement of assets such as fixed wing

aircraft, helicopters, unmanned aerial systems, marine and riverine

vessels, and other equipment, relocation of aircraft, site acquisition,

and the design and building of facilities: Provided, That the Secretary shall submit an expenditure plan for the use of these funds

to the Committees on Appropriations of the Senate and the House

of Representatives no later than 30 days after enactment of this

Act.

UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT

SALARIES AND EXPENSES

For an additional amount for ‘‘Salaries and Expenses’’, $6,000,000, to remain available until September 30, 2008; of which

$5,000,000 shall be for the creation of a security advisory opinion

unit within the Visa Security Program; and of which $1,000,000

shall be for the Human Smuggling and Trafficking Center.

TRANSPORTATION SECURITY ADMINISTRATION

AVIATION SECURITY

For an additional amount for ‘‘Aviation Security’’, $390,000,000; of which $285,000,000 shall be for procurement and installation

of checked baggage explosives detection systems, to remain available

until expended; of which $25,000,000 shall be for checkpoint explosives detection equipment and pilot screening technologies, to

remain available until expended; and of which $80,000,000 shall

be for air cargo security, to remain available until September 30,

2009: Provided, That of the air cargo funding made available under

Expenditure

plan.

Deadline.

Notification.

Expenditure

plan.

Deadline.

PUBLIC LAW 110–28—MAY 25, 2007 121 STAT. 141

this heading, the Transportation Security Administration shall hire

no fewer than 150 additional air cargo inspectors to establish a

more robust enforcement and compliance program; complete air

cargo vulnerability assessments for all Category X airports; expand

the National Explosives Detection Canine Program by no fewer

than 170 additional canine teams, including the use of agency

led teams; pursue canine screening methods utilized internationally

that focus on air samples; and procure and install explosive detection systems, explosive trace machines, and other technologies to

screen air cargo: Provided further, That no later than 90 days

after the date of enactment of this Act, the Secretary shall provide

the Committees on Appropriations of the Senate and the House

of Representatives an expenditure plan detailing how the Transportation Security Administration will utilize funding provided under

this heading.

FEDERAL AIR MARSHALS

For an additional amount for ‘‘Federal Air Marshals’’,

$5,000,000, to remain available until September 30, 2008: Provided,

That no later than 30 days after enactment of this Act, the Secretary

shall provide the Committees on Appropriations of the Senate and

the House of Representatives a report on how these additional

funds will be allocated.

NATIONAL PROTECTION AND PROGRAMS

INFRASTRUCTURE PROTECTION AND INFORMATION SECURITY

For an additional amount for ‘‘Infrastructure Protection and

Information Security’’, $24,000,000, to remain available until September 30, 2008; of which $12,000,000 shall be for development

of State and local interoperability plans as discussed in House

Report 110–107; and of which $12,000,000 shall be for implementation of chemical facility security regulations: Provided, That within

30 days of 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 detailed

expenditure plans for execution of these funds: Provided further,

That within 30 days of 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 report on the computer forensics training center detailing the

information required in House Report 110–107.

OFFICE OF HEALTH AFFAIRS

For expenses for the ‘‘Office of Health Affairs’’, $8,000,000,

to remain available until September 30, 2008: Provided, That of

the amount made available under this heading, $5,500,000 is for

nuclear event public health assessment and planning: Provided

further, That the Office of Health Affairs shall conduct a nuclear

event public health assessment as described in House Report 110–

107: Provided further, That none of the funds made available under

this heading may be obligated until the Committees on Appropriations of the Senate and the House of Representatives receive a

plan for expenditure.

Assessment.

Deadline.

Reports.

Deadline.

Expenditure

plan.

Deadline.

Reports.

Deadline.

Expenditure

plan.

121 STAT. 142 PUBLIC LAW 110–28—MAY 25, 2007

FEDERAL EMERGENCY MANAGEMENT AGENCY

MANAGEMENT AND ADMINISTRATION

For expenses for management and administration of the Federal Emergency Management Agency (‘‘FEMA’’), $14,000,000, to

remain available until September 30, 2008: Provided, That of the

amount made available under this heading, $6,000,000 shall be

for financial and information systems, $2,500,000 shall be for interstate mutual aid agreements, $2,500,000 shall be for FEMA

Regional Office communication equipment, $2,500,000 shall be for

FEMA strike teams, and $500,000 shall be for the Law Enforcement

Liaison Office, the Disability Coordinator and the National Advisory

Council: Provided further, That none of such funds made available

under this heading may be obligated until the Committees on

Appropriations of the Senate and the House of Representatives

receive and approve a plan for expenditure: Provided further, That

unobligated amounts in the ‘‘Administrative and Regional Operations’’ and ‘‘Readiness, Mitigation, Response, and Recovery’’

accounts shall be transferred to ‘‘Management and Administration’’

and may be used for any purpose authorized for such amounts

and subject to limitation on the use of such amounts.

STATE AND LOCAL PROGRAMS

For an additional amount for ‘‘State and Local Programs’’,

$247,000,000; of which $110,000,000 shall be for port security grants

pursuant to section 70107(l) of title 46, United States Code to

be awarded by September 30, 2007, to tier 1, 2, 3, and 4 ports;

of which $100,000,000 shall be for intercity rail passenger transportation, freight rail, and transit security grants to be awarded by

September 30, 2007; of which $35,000,000 shall be for regional

grants and regional technical assistance to tier one Urban Area

Security Initiative cities and other participating governments for

the purpose of developing all-hazard regional catastrophic event

plans and preparedness, as described in House Report 110–107;

and of which $2,000,000 shall be for technical assistance for operation and maintenance training on detection and response equipment that must be competitively awarded: Provided, That none

of the funds made available under this heading may be obligated

for such regional grants and regional technical assistance until

the Committees on Appropriations of the Senate and the House

of Representatives receive and approve a plan for expenditure:

Provided further, That the Federal Emergency Management Agency

shall provide the regional grants and regional technical assistance

expenditure plan to the Committees on Appropriations of the Senate

and the House of Representatives on or before August 1, 2007:

Provided further, That funds for such regional grants and regional

technical assistance shall remain available until September 30,

2008.

EMERGENCY MANAGEMENT PERFORMANCE GRANTS

For an additional amount for ‘‘Emergency Management

Performance Grants’’, $50,000,000.

Expenditure

plan.

Deadline.

PUBLIC LAW 110–28—MAY 25, 2007 121 STAT. 143

UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES

For an additional amount for expenses of ‘‘United States Citizenship and Immigration Services’’ to address backlogs of security

checks associated with pending applications and petitions,

$8,000,000, to remain available until September 30, 2008: Provided,

That none of the funds made available under this heading shall

be available for obligation until the Secretary of Homeland Security,

in consultation with the United States Attorney General, submits

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.

SCIENCE AND TECHNOLOGY

RESEARCH, DEVELOPMENT, ACQUISITION, AND OPERATIONS

For an additional amount for ‘‘Research, Development, Acquisition, and Operations’’ for air cargo security research, $5,000,000,

to remain available until expended.

DOMESTIC NUCLEAR DETECTION OFFICE

RESEARCH, DEVELOPMENT, AND OPERATIONS

For an additional amount for ‘‘Research, Development, and

Operations’’ for non-container, rail, aviation and intermodal radiation detection activities, $35,000,000, to remain available until

expended: Provided, That $5,000,000 is to enhance detection links

between seaports and railroads as authorized in section 121(i) of

the Security and Accountability For Every Port Act of 2006 (Public

Law 109–347); $8,000,000 is to accelerate development and deployment of detection systems at international rail border crossings;

and $22,000,000 is for development and deployment of a variety

of screening technologies at aviation facilities.

SYSTEMS ACQUISITION

For an additional amount for ‘‘Systems Acquisition’’,

$100,000,000, to remain available until expended: 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 has certified through

a report to the Committees on Appropriations of the Senate and

the House of Representatives that a significant increase in operational effectiveness will be achieved.

GENERAL PROVISIONS—THIS CHAPTER

SEC. 3501. None of the funds provided in this Act, or Public

Law 109–295, shall be available to carry out section 872 of Public

Law 107–296.

SEC. 3502. 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).

Contracts.

Certification.

Reports.

121 STAT. 144 PUBLIC LAW 110–28—MAY 25, 2007

CHAPTER 6

LEGISLATIVE BRANCH

HOUSE OF REPRESENTATIVES

SALARIES AND EXPENSES

For an additional amount for ‘‘Salaries and Expenses’’,

$6,437,000, as follows:

ALLOWANCES AND EXPENSES

For an additional amount for allowances and expenses as authorized by House resolution or law, $6,437,000 for business

continuity and disaster recovery, to remain available until

expended.

GOVERNMENT ACCOUNTABILITY OFFICE

SALARIES AND EXPENSES

For an additional amount for ‘‘Salaries and Expenses’’ of the

Government Accountability Office, $374,000, to remain available

until September 30, 2008.

CHAPTER 7

DEPARTMENT OF DEFENSE

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),

$3,136,802,000, to remain available until expended: Provided, That

within 30 days of the enactment of this Act, the Secretary of

Defense shall submit a detailed spending plan to the Committees

on Appropriations of the House of Representatives and the Senate.

GENERAL PROVISIONS—THIS CHAPTER

SEC. 3701. Notwithstanding any other provision of law, none

of the funds in this or any other Act may be used to close Walter

Reed Army Medical Center until equivalent medical facilities at

the Walter Reed National Military Medical Center at Naval Medical

Center, Bethesda, Maryland, and/or the Fort Belvoir, Virginia,

Community Hospital have been constructed and equipped: Provided,

That to ensure that the quality of care provided by the Military

Health System is not diminished during this transition, the Walter

Reed Army Medical Center shall be adequately funded, to include

necessary renovation and maintenance of existing facilities, to maintain the maximum level of inpatient and outpatient services.

SEC. 3702. Notwithstanding any other provision of law, none

of the funds in this or any other Act shall be used to reorganize

or relocate the functions of the Armed Forces Institute of Pathology

(AFIP) until the Secretary of Defense has submitted, not later

than December 31, 2007, a detailed plan and timetable for the

Deadline.

Reorganization

and relocation

plan.

Deadline.

Spending plan.

PUBLIC LAW 110–28—MAY 25, 2007 121 STAT. 145

proposed reorganization and relocation to the Committees on Appropriations and Armed Services of the Senate and House of Representatives. The plan shall take into consideration the recommendations

of a study being prepared by the Government Accountability Office

(GAO), provided that such study is available not later than 45

days before the date specified in this section, on the impact of

dispersing selected functions of AFIP among several locations, and

the possibility of consolidating those functions at one location. The

plan shall include an analysis of the options for the location and

operation of the Program Management Office for second opinion

consults that are consistent with the recommendations of the Base

Realignment and Closure Commission, together with the rationale

for the option selected by the Secretary.

SEC. 3703. The Secretary of the Navy shall, notwithstanding

any other provision of law, transfer to the Secretary of the Air

Force, at no cost, all lands, easements, Air Installation Compatible

Use Zones, and facilities at NASJRB Willow Grove designated for

operation as a Joint Interagency Installation for use by the Pennsylvania National Guard and other Department of Defense components, government agencies, and associated users to perform

national defense, homeland security, and emergency preparedness

missions.

CHAPTER 8

DEPARTMENT OF STATE AND RELATED AGENCY

DEPARTMENT OF STATE

ADMINISTRATION OF FOREIGN AFFAIRS

DIPLOMATIC AND CONSULAR PROGRAMS

(INCLUDING TRANSFER OF FUNDS)

For an additional amount for ‘‘Diplomatic and Consular Programs’’, $34,103,000, to remain available until September 30, 2008,

of which $31,845,000 for World Wide Security Upgrades is available

until expended: Provided, That of the amount available under this

heading, $258,000 shall be transferred to, and merged with, funds

available in fiscal year 2007 for expenses for the United States

Commission on International Religious Freedom: Provided further,

That within 15 days of enactment of this Act, the Office of Management and Budget shall apportion $15,000,000 from amounts appropriated or otherwise made available by chapter 8 of title II of

division B of Public Law 109–148 under the heading ‘‘Emergencies

in the Diplomatic and Consular Service’’ to reimburse expenditures

from that account in facilitating the evacuation of persons from

Lebanon between July 16, 2006, and the date of enactment of

this Act.

OFFICE OF THE INSPECTOR GENERAL

For an additional amount for ‘‘Office of Inspector General’’,

$1,500,000, to remain available until December 31, 2008.

Land transfer.

121 STAT. 146 PUBLIC LAW 110–28—MAY 25, 2007

INTERNATIONAL ORGANIZATIONS

CONTRIBUTIONS TO INTERNATIONAL ORGANIZATIONS

For an additional amount for ‘‘Contributions to International

Organizations’’, $50,000,000, to remain available until September

30, 2008.

BILATERAL ECONOMIC ASSISTANCE

FUNDS APPROPRIATED TO THE PRESIDENT

UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT

INTERNATIONAL DISASTER AND FAMINE ASSISTANCE

For an additional amount for ‘‘International Disaster and

Famine Assistance’’, $60,000,000, to remain available until

expended.

OPERATING EXPENSES OF THE UNITED STATES AGENCY FOR

INTERNATIONAL DEVELOPMENT

For an additional amount for ‘‘Operating Expenses of the United

States Agency for International Development’’, $3,000,000, to

remain available until September 30, 2008.

OPERATING EXPENSES OF THE UNITED STATES AGENCY FOR

INTERNATIONAL DEVELOPMENT OFFICE OF INSPECTOR GENERAL

For an additional amount for ‘‘Operating Expenses of the United

States Agency for International Development Office of Inspector

General’’, $3,500,000, to remain available until September 30, 2008.

OTHER BILATERAL ECONOMIC ASSISTANCE

ECONOMIC SUPPORT FUND

For an additional amount for ‘‘Economic Support Fund’’,

$122,300,000, to remain available until September 30, 2008.

DEPARTMENT OF STATE

DEMOCRACY FUND

For an additional amount for ‘‘Democracy Fund’’, $5,000,000,

to remain available until September 30, 2008.

INTERNATIONAL NARCOTICS CONTROL AND LAW ENFORCEMENT

(INCLUDING RESCISSION OF FUNDS)

For an additional amount for ‘‘International Narcotics Control

and Law Enforcement’’, $42,000,000, to remain available until September 30, 2008.

Of the amounts made available for procurement of a maritime

patrol aircraft for the Colombian Navy under this heading in Public

Law 109–234, $13,000,000 are rescinded.

PUBLIC LAW 110–28—MAY 25, 2007 121 STAT. 147

MIGRATION AND REFUGEE ASSISTANCE

For an additional amount for ‘‘Migration and Refugee Assist- ance’’, $59,000,000, to remain available until September 30, 2008.

UNITED STATES EMERGENCY REFUGEE AND MIGRATION ASSISTANCE

FUND

For an additional amount for ‘‘United States Emergency Refugee and Migration Assistance Fund’’, $25,000,000, to remain available until expended.

NONPROLIFERATION, ANTI-TERRORISM, DEMINING AND RELATED

PROGRAMS

For an additional amount for ‘‘Nonproliferation, Anti-Terrorism,

Demining and Related Programs’’, $30,000,000, to remain available

until September 30, 2008.

MILITARY ASSISTANCE

FUNDS APPROPRIATED TO THE PRESIDENT

FOREIGN MILITARY FINANCING PROGRAM

For an additional amount for ‘‘Foreign Military Financing Program’’, $45,000,000, to remain available until September 30, 2008.

PEACEKEEPING OPERATIONS

For an additional amount for ‘‘Peacekeeping Operations’’, $40,000,000, to remain available until September 30, 2008: Provided, That funds appropriated under this heading shall be made

available, notwithstanding section 660 of the Foreign Assistance

Act of 1961, for assistance for Liberia for security sector reform.

GENERAL PROVISIONS—THIS CHAPTER

EXTENSION OF OVERSIGHT AUTHORITY

SEC. 3801. Section 3001(o)(1)(B) of the Emergency Supplemental Appropriations Act for Defense and for the Reconstruction

of Iraq and Afghanistan, 2004 (Public Law 108–106; 117 Stat.

1238; 5 U.S.C. App., note to section 8G of Public Law 95–452),

as amended by section 1054(b) of the John Warner National Defense

Authorization Act for Fiscal Year 2007 (Public Law 109–364; 120

Stat. 2397) and section 2 of the Iraq Reconstruction Accountability

Act of 2006 (Public Law 109–440), is amended by inserting ‘‘or

fiscal year 2007’’ after ‘‘fiscal year 2006’’.

LEBANON

SEC. 3802. (a) LIMITATION ON ECONOMIC SUPPORT FUND ASSISTANCE FOR LEBANON.—None of the funds made available in this

Act under the heading ‘‘Economic Support Fund’’ for cash transfer

assistance for the Government of Lebanon may be made available

for obligation until the Secretary of State reports to the Committees

on Appropriations on Lebanon’s economic reform plan and on the

specific conditions and verifiable benchmarks that have been agreed

5 USC app. 8G

note.

Liberia.

121 STAT. 148 PUBLIC LAW 110–28—MAY 25, 2007

upon by the United States and the Government of Lebanon pursuant to the Memorandum of Understanding on cash transfer assistance for Lebanon.

(b) LIMITATION ON FOREIGN MILITARY FINANCING PROGRAM AND

INTERNATIONAL NARCOTICS CONTROL AND LAW ENFORCEMENT

ASSISTANCE FOR LEBANON.—None of the funds made available in

this Act under the heading ‘‘Foreign Military Financing Program’’

or ‘‘International Narcotics Control and Law Enforcement’’ for military or police assistance to Lebanon may be made available for

obligation until the Secretary of State submits to the Committees

on Appropriations a report on procedures established to determine

eligibility of members and units of the armed forces and police

forces of Lebanon to participate in United States training and

assistance programs and on the end use monitoring of all equipment

provided under such programs to the Lebanese armed forces and

police forces.

(c) CERTIFICATION REQUIRED.—Prior to the initial obligation

of funds made available in this Act for assistance for Lebanon

under the headings ‘‘Foreign Military Financing Program’’ and

‘‘Nonproliferation, Anti-Terrorism, Demining and Related Programs’’, the Secretary of State shall certify to the Committees

on Appropriations that all practicable efforts have been made to

ensure that such assistance is not provided to or through any

individual, or private or government entity, that advocates, plans,

sponsors, engages in, or has engaged in, terrorist activity.

(d) REPORT REQUIRED.—Not later than 45 days after the date

of the enactment of this Act, the Secretary of State shall submit

to the Committees on Appropriations a report on the Government

of Lebanon’s actions to implement section 14 of United Nations

Security Council Resolution 1701 (August 11, 2006).

(e) SPECIAL AUTHORITY.—This section shall be effective notwithstanding section 534(a) of Public Law 109–102, which is made

applicable to funds appropriated for fiscal year 2007 by the Continuing Appropriations Resolution, 2007 (division B of Public Law

109–289, as amended by Public Law 110–5).

DEBT RESTRUCTURING

SEC. 3803. Amounts appropriated for fiscal year 2007 for

‘‘Bilateral Economic Assistance—Department of the Treasury—Debt

Restructuring’’ may be used to assist Liberia in retiring its debt

arrearages to the International Monetary Fund, the International

Bank for Reconstruction and Development, and the African Development Bank.

GOVERNMENT ACCOUNTABILITY OFFICE

SEC. 3804. To facilitate effective oversight of programs and

activities in Iraq by the Government Accountability Office (GAO),

the Department of State shall provide GAO staff members the

country clearances, life support, and logistical and security support

necessary for GAO personnel to establish a presence in Iraq for

periods of not less than 45 days.

HUMAN RIGHTS AND DEMOCRACY FUND

SEC. 3805. The Assistant Secretary of State for Democracy,

Human Rights, and Labor shall be responsible for all policy,

PUBLIC LAW 110–28—MAY 25, 2007 121 STAT. 149

funding, and programming decisions regarding funds made available under this Act and prior Acts making appropriations for foreign

operations, export financing and related programs for the Human

Rights and Democracy Fund of the Bureau of Democracy, Human

Rights, and Labor.

INSPECTOR GENERAL OVERSIGHT OF IRAQ AND AFGHANISTAN

SEC. 3806. (a) IN GENERAL.—Subject to paragraph (2), the

Inspector General of the Department of State and the Broadcasting

Board of Governors (referred to in this section as the ‘‘Inspector

General’’) may use personal services contracts to engage citizens

of the United States to facilitate and support the Office of the

Inspector General’s oversight of programs and operations related

to Iraq and Afghanistan. Individuals engaged by contract to perform

such services shall not, by virtue of such contract, be considered

to be employees of the United States Government for purposes

of any law administered by the Office of Personnel Management.

The Secretary of State may determine the applicability to such

individuals of any law administered by the Secretary concerning

the performance of such services by such individuals.

(b) CONDITIONS.—The authority under paragraph (1) is subject

to the following conditions:

(1) The Inspector General determines that existing personnel resources are insufficient.

(2) The contract length for a personal services contractor,

including options, may not exceed 1 year, unless the Inspector

General makes a finding that exceptional circumstances justify

an extension of up to 1 additional year.

(3) Not more than 10 individuals may be employed at

any time as personal services contractors under the program.

(c) TERMINATION OF AUTHORITY.—The authority to award personal services contracts under this section shall terminate on

December 31, 2007. A contract entered into prior to the termination

date under this paragraph may remain in effect until not later

than December 31, 2009.

(d) OTHER AUTHORITIES NOT AFFECTED.—The authority under

this section is in addition to any other authority of the Inspector

General to hire personal services contractors.

FUNDING TABLES, REPORTS AND DIRECTIVES

SEC. 3807. (a) Funds provided in this Act for the following

accounts shall be made available for countries, programs and activities in the amounts contained in the respective tables and should

be expended consistent with the reporting requirements and directives included in the joint explanatory statement accompanying

the conference report on H.R. 1591 of the 110th Congress (H.

Rept. 110–107):

‘‘Diplomatic and Consular Programs’’.

‘‘Office of the Inspector General’’.

‘‘Educational and Cultural Exchange Programs’’.

‘‘Contributions to International Organizations’’.

‘‘Contributions for International Peacekeeping Activities’’.

‘‘Child Survival and Health Programs Fund’’.

‘‘International Disaster and Famine Assistance’’.

‘‘Operating Expenses of the United States Agency for International Development’’.

Contracts.

121 STAT. 150 PUBLIC LAW 110–28—MAY 25, 2007

‘‘Operating Expenses of the United States Agency for International Development Office of Inspector General’’.

‘‘Economic Support Fund’’.

‘‘Assistance for Eastern Europe and the Baltic States’’.

‘‘Democracy Fund’’.

‘‘International Narcotics Control and Law Enforcement’’.

‘‘Migration and Refugee Assistance’’.

‘‘Nonproliferation, Anti-Terrorism, Demining and Related

Programs’’.

‘‘Foreign Military Financing Program’’.

‘‘Peacekeeping Operations’’.

(b) Any proposed increases or decreases to the amounts contained in the tables in the joint explanatory statement shall be

subject to the regular notification procedures of the Committees

on Appropriations and section 634A of the Foreign Assistance Act

of 1961.

SPENDING PLAN AND NOTIFICATION PROCEDURES

SEC. 3808. Not later than 45 days after enactment of this

Act the Secretary of State shall submit to the Committees on

Appropriations a report detailing planned expenditures for funds

appropriated under the headings in this chapter and under the

headings in chapter 6 of title I, except for funds appropriated

under the heading ‘‘International Disaster and Famine Assistance’’:

Provided, That funds appropriated under the headings in this

chapter and in chapter 6 of title I, except for funds appropriated

under the heading named in this section, shall be subject to the

regular notification procedures of the Committees on Appropriations.

CONDITIONS ON ASSISTANCE FOR PAKISTAN

SEC. 3809. None of the funds made available for assistance

for the central Government of Pakistan under the heading ‘‘Economic Support Fund’’ in this Act may be made available for nonproject assistance until the Secretary of State submits to the

Committees on Appropriations a report on the oversight mechanisms, performance benchmarks, and implementation processes for

such funds: Provided, That notwithstanding any other provision

of law, funds made available for non-project assistance pursuant

to the previous proviso shall be subject to the regular notification

procedures of the Committees on Appropriations: Provided further,

That of the funds made available for assistance for Pakistan under

the heading ‘‘Economic Support Fund’’ in this Act, $5,000,000 shall

be made available for the Human Rights and Democracy Fund

of the Bureau of Democracy, Human Rights, and Labor, Department

of State, for political party development and election observation

programs.

CIVILIAN RESERVE CORPS

SEC. 3810. Of the funds appropriated by this Act under the

heading ‘‘Diplomatic and Consular Programs’’, up to $50,000,000

may be made available to support and maintain a civilian reserve

corps: Provided, That none of the funds for a civilian reserve corps

may be obligated without specific authorization in a subsequent

Notification. Act of Congress: Provided further, That funds made available for

Notification.

Reports.

Deadline.

Reports.

PUBLIC LAW 110–28—MAY 25, 2007 121 STAT. 151

this purpose shall be subject to the regular notification procedures

of the Committees on Appropriations.

EXTENSION OF AVAILABILITY OF FUNDS

SEC. 3811. Section 1302(a) of Public Law 109–234 is amended

by striking ‘‘one additional year’’ and inserting ‘‘two additional

years’’.

SPECIAL IMMIGRANT STATUS FOR CERTAIN ALIENS SERVING AS

TRANSLATORS OR INTERPRETERS WITH FEDERAL AGENCIES

SEC. 3812. (a) INCREASE IN NUMBERS ADMITTED.—Section 1059

of the National Defense Authorization Act for Fiscal Year 2006

(8 U.S.C. 1101 note) is amended—

(1) in subsection (b)(1)—

(A) in subparagraph (B), by striking ‘‘as a translator’’

and inserting ‘‘, or under Chief of Mission authority, as

a translator or interpreter’’;

(B) in subparagraph (C), by inserting ‘‘the Chief of

Mission or’’ after ‘‘recommendation from’’; and

(C) in subparagraph (D), by inserting ‘‘the Chief of

Mission or’’ after ‘‘as determined by’’; and

(2) in subsection (c)(1), by striking ‘‘section during any

fiscal year shall not exceed 50.’’ and inserting the following:

‘‘section—

‘‘(A) during each of the fiscal years 2007 and 2008,

shall not exceed 500; and

‘‘(B) during any other fiscal year shall not exceed 50.’’.

(b) ALIENS EXEMPT FROM EMPLOYMENT-BASED NUMERICAL

LIMITATIONS.—Section 1059(c)(2) of such Act is amended—

(1) by amending the paragraph designation and heading

to read as follows:

‘‘(2) ALIENS EXEMPT FROM EMPLOYMENT-BASED NUMERICAL

LIMITATIONS.—’’; and

(2) by inserting ‘‘and shall not be counted against the

numerical limitations under sections 201(d), 202(a), and

203(b)(4) of the Immigration and Nationality Act (8 U.S.C.

1151(d), 1152(a), and 1153(b)(4))’’ before the period at the end.

(c) ADJUSTMENT OF STATUS.—Section 1059 of such Act is further

amended—

(1) by redesignating subsection (d) as subsection (e); and

(2) by inserting after subsection (c) the following:

‘‘(d) ADJUSTMENT OF STATUS.—Notwithstanding paragraphs (2),

(7) and (8) of section 245(c) of the Immigration and Nationality

Act (8 U.S.C. 1255(c)), the Secretary of Homeland Security may

adjust the status of an alien to that of a lawful permanent resident

under section 245(a) of such Act if the alien—

‘‘(1) was paroled or admitted as a nonimmigrant into the

United States; and

‘‘(2) is otherwise eligible for special immigrant status under

this section and under the Immigration and Nationality Act.’’.

120 Stat. 435.

121 STAT. 152 PUBLIC LAW 110–28—MAY 25, 2007

TITLE IV—ADDITIONAL HURRICANE

DISASTER RELIEF AND RECOVERY

CHAPTER 1

DEPARTMENT OF AGRICULTURE

GENERAL PROVISION—THIS CHAPTER

SEC. 4101. Section 1231(k)(2) of the Food Security Act of 1985

(16 U.S.C. 3831(k)(2)) is amended by striking ‘‘During calendar

year 2006, the’’ and inserting ‘‘The’’.

CHAPTER 2

DEPARTMENT OF JUSTICE

OFFICE OF JUSTICE PROGRAMS

STATE AND LOCAL LAW ENFORCEMENT ASSISTANCE

For an additional amount for ‘‘State and Local Law Enforcement Assistance’’, for discretionary grants authorized by subpart

2 of part E, of title I of the Omnibus Crime Control and Safe

Streets Act of 1968 as in effect on September 30, 2006, notwithstanding the provisions of section 511 of said Act, $50,000,000,

to remain available until expended: Provided, That the amount

made available under this heading shall be for local law enforcement

initiatives in the Gulf Coast region related to the aftermath of

Hurricane Katrina: Provided further, That these funds shall be

apportioned among the States in quotient to their level of violent

crime as estimated by the Federal Bureau of Investigation’s Uniform

Crime Report for the year 2005.

DEPARTMENT OF COMMERCE

NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION

OPERATIONS, RESEARCH, AND FACILITIES

For an additional amount for ‘‘Operations, Research, and Facilities’’, for necessary expenses related to the consequences of Hurricanes Katrina and Rita on the shrimp and fishing industries,

$110,000,000, to remain available until September 30, 2008.

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

EXPLORATION CAPABILITIES

For an additional amount for ‘‘Exploration Capabilities’’ for

necessary expenses related to the consequences of Hurricane

Katrina, $20,000,000, to remain available until September 30, 2009.

GENERAL PROVISIONS—THIS CHAPTER

SEC. 4201. Funds provided in this Act for the ‘‘Department

of Commerce, National Oceanic and Atmospheric Administration,

Operations, Research, and Facilities’’, shall be made available

PUBLIC LAW 110–28—MAY 25, 2007 121 STAT. 153

according to the language relating to such account in the joint

explanatory statement accompanying the conference report on H.R.

1591 of the 110th Congress (H. Rept. 110–107).

SEC. 4202. Up to $48,000,000 of amounts made available to

the National Aeronautics and Space Administration in Public Law

109–148 and Public Law 109–234 for emergency hurricane and

other natural disaster-related expenses may be used to reimburse

hurricane-related costs incurred by NASA in fiscal year 2005.

CHAPTER 3

DEPARTMENT OF DEFENSE—CIVIL

DEPARTMENT OF THE ARMY

CORPS OF ENGINEERS—CIVIL

CONSTRUCTION

For an additional amount for ‘‘Construction’’ for necessary

expenses related to the consequences of Hurricane Katrina and

other hurricanes of the 2005 season, $25,300,000, to remain available until expended, which may be used to continue construction

of projects related to interior drainage for the greater New Orleans

metropolitan area.

FLOOD CONTROL AND COASTAL EMERGENCIES

For an additional amount for ‘‘Flood Control and Coastal Emergencies’’, as authorized by section 5 of the Act of August 18, 1941

(33 U.S.C. 701n), for necessary expenses relating to the consequences of Hurricanes Katrina and Rita and for other purposes,

$1,407,700,000, to remain available until expended: Provided, That

$1,300,000,000 of the amount provided may be used by the Secretary of the Army to carry out projects and measures for the

West Bank and Vicinity and Lake Ponchartrain and Vicinity, Louisiana, projects, as described under the heading ‘‘Flood Control

and Coastal Emergencies’’, in chapter 3 of Public Law 109–148:

Provided further, That $107,700,000 of the amount provided may

be used to implement the projects for hurricane storm damage

reduction, flood damage reduction, and ecosystem restoration within

Hancock, Harrison, and Jackson Counties, Mississippi substantially

in accordance with the Report of the Chief of Engineers dated

December 31, 2006, and entitled ‘‘Mississippi, Coastal Improvements Program Interim Report, Hancock, Harrison, and Jackson

Counties, Mississippi’’: Provided further, That projects authorized

for implementation under this Chief’s report shall be carried out

at full Federal expense, except that the non-Federal interests shall

be responsible for providing for all costs associated with operation

and maintenance of the project: Provided further, That any project

using funds appropriated under this heading shall be initiated

only after non-Federal interests have entered into binding agreements with the Secretary requiring the non-Federal interests to

pay 100 percent of the operation, maintenance, repair, replacement,

and rehabilitation costs of the project and to hold and save the

United States free from damages due to the construction or operation and maintenance of the project, except for damages due to

the fault or negligence of the United States or its contractors:

121 STAT. 154 PUBLIC LAW 110–28—MAY 25, 2007

Provided further, That the Chief of Engineers, acting through the

Assistant Secretary of the Army for Civil Works, shall provide

a monthly report to the House and Senate Committees on Appropriations detailing the allocation and obligation of these funds,

beginning not later than 60 days after enactment of this Act.

GENERAL PROVISIONS—THIS CHAPTER

SEC. 4301. The Secretary is authorized and directed to determine the value of eligible reimbursable expenses incurred by local

governments in storm-proofing pumping stations, constructing safe

houses for operators, and other interim flood control measures

in and around the New Orleans metropolitan area that the Secretary determines 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. 4302. (a) The Secretary of the Army is authorized and

directed to utilize funds remaining available for obligation from

the amounts appropriated in chapter 3 of Public Law 109–234

under the heading ‘‘Flood Control and Coastal Emergencies’’ for

projects in the greater New Orleans metropolitan area to prosecute

these projects in a manner which promotes the goal of continuing

work at an optimal pace, while maximizing, to the greatest extent

practicable, levels of protection to reduce the risk of storm damage

to people and property.

(b) The expenditure of funds as provided in subsection (a)

may be made without regard to individual amounts or purposes

specified in chapter 3 of Public Law 109–234.

(c) Any reallocation of funds that are necessary to accomplish

the goal established in subsection (a) are authorized, subject to

the approval of the House and Senate Committees on Appropriation.

SEC. 4303. The Chief of Engineers shall investigate the overall

technical advantages, disadvantages and operational effectiveness

of operating the new pumping stations at the mouths of the 17th

Street, Orleans Avenue and London Avenue canals in the New

Orleans area directed for construction in Public Law 109–234

concurrently or in series with existing pumping stations serving

these canals and the advantages, disadvantages and technical operational effectiveness of removing the existing pumping stations

and configuring the new pumping stations and associated canals

to handle all needed discharges to the lakefront or in combination

with discharges directly to the Mississippi River in Jefferson Parish;

and the advantages, disadvantages and technical operational

effectiveness of replacing or improving the floodwalls and levees

adjacent to the three outfall canals: Provided, That the analysis

should be conducted at Federal expense: Provided further, That

the analysis shall be completed and furnished to the Congress

not later than three months after enactment of this Act.

SEC. 4304. Using funds made available in Chapter 3 under

title II of Public Law 109–234, under the heading ‘‘Investigations’’,

the Secretary of the Army, in consultation with other agencies

and the State of Louisiana shall accelerate completion as practicable

the final report of the Chief of Engineers recommending a comprehensive plan to deauthorize deep draft navigation on the Mississippi River Gulf Outlet: Provided, That the plan shall incorporate

and build upon the Interim Mississippi River Gulf Outlet DeepReports.

Deadline.

Reports.

Deadline.

PUBLIC LAW 110–28—MAY 25, 2007 121 STAT. 155

Draft De-Authorization Report submitted to Congress in December

2006 pursuant to Public Law 109–234.

CHAPTER 4

SMALL BUSINESS ADMINISTRATION

DISASTER LOANS PROGRAM ACCOUNT

(INCLUDING TRANSFERS OF FUNDS)

Of the unobligated balances under the heading ‘‘Small Business

Administration, Disaster Loans Program Account’’, $181,069,000,

to remain available until expended, shall be used for administrative

expenses to carry out the disaster loan program, which may be

transferred to and merged with ‘‘Small Business Administration,

Salaries and Expenses’’, of which $500,000 is for the Office of

Inspector General of the Small Business Administration for audits

and reviews of disaster loans and the disaster loan program and

shall be paid to appropriations for the Office of Inspector General;

of which $171,569,000 is for direct administrative expenses of loan

making and servicing to carry out the direct loan program; and

of which $9,000,000 is for indirect administrative expenses.

Of the unobligated balances under the heading ‘‘Small Business

Administration, Disaster Loans Program Account’’, $25,000,000

shall be made available for loans under section 7(b)(2) of the Small

Business Act to pre-existing businesses located in an area for which

the President declared a major disaster because of the hurricanes

in the Gulf of Mexico in calendar year 2005, of which not to

exceed $8,750,000 is for direct administrative expenses and may

be transferred to and merged with ‘‘Small Business Administration,

Salaries and Expenses’’ to carry out the disaster loan program

of the Small Business Administration.

Of the unobligated balances under the heading ‘‘Small Business

Administration, Disaster Loans Program Account’’, $150,000,000

is transferred to the ‘‘Federal Emergency Management Agency,

Disaster Relief’’ account.

CHAPTER 5

DEPARTMENT OF HOMELAND SECURITY

FEDERAL EMERGENCY MANAGEMENT AGENCY

DISASTER RELIEF

(INCLUDING TRANSFER OF FUNDS)

For an additional amount for ‘‘Disaster Relief’’, $710,000,000,

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

be transferred to ‘‘Office of Inspector General’’: Provided further,

That the Government Accountability Office shall review how the

Federal Emergency Management Agency develops its estimates of

the funds needed to respond to any given disaster as described

in House Report 110–60.

Review.

121 STAT. 156 PUBLIC LAW 110–28—MAY 25, 2007

GENERAL PROVISIONS—THIS CHAPTER

SEC. 4501. (a) IN GENERAL.—Notwithstanding any other provision of law, including any agreement, the Federal share of assistance, including direct Federal assistance, provided for the States

of Louisiana, Mississippi, Florida, Alabama, and Texas in connection

with Hurricanes Katrina, Wilma, Dennis, and Rita under sections

403, 406, 407, and 408 of the Robert T. Stafford Disaster Relief

and Emergency Assistance Act (42 U.S.C. 5170b, 5172, 5173, and

5174) shall be 100 percent of the eligible costs under such sections.

(b) APPLICABILITY.—

(1) IN GENERAL.—The Federal share provided by subsection

(a) shall apply to disaster assistance applied for before the

date of enactment of this Act.

(2) LIMITATION.—In the case of disaster assistance provided

under sections 403, 406, and 407 of the Robert T. Stafford

Disaster Relief and Emergency Assistance Act, the Federal

share provided by subsection (a) shall be limited to assistance

provided for projects for which a ‘‘request for public assistance

form’’ has been submitted.

SEC. 4502. (a) COMMUNITY DISASTER LOAN ACT.—

(1) IN GENERAL.—Section 2(a) of the Community Disaster

Loan Act of 2005 (Public Law 109–88) is amended by striking

‘‘Provided further, That notwithstanding section 417(c)(1) of

the Stafford Act, such loans may not be canceled:’’.

(2) EFFECTIVE DATE.—The amendment made by paragraph

(1) shall be effective on the date of enactment of the Community

Disaster Loan Act of 2005 (Public Law 109–88).

(b) EMERGENCY SUPPLEMENTAL APPROPRIATIONS ACT.—

(1) IN GENERAL.—Chapter 4 of title II of the Emergency

Supplemental Appropriations Act for Defense, the Global War

on Terror, and Hurricane Recovery, 2006 (Public Law 109–

234) is amended under Federal Emergency Management

Agency, ‘‘Disaster Assistance Direct Loan Program Account’’

by striking ‘‘Provided further, That notwithstanding section

417(c)(1) of such Act, such loans may not be canceled:’’.

(2) EFFECTIVE DATE.—The amendment made by paragraph

(1) shall be effective on the date of enactment of the Emergency

Supplemental Appropriations Act for Defense, the Global War

on Terror, and Hurricane Recovery, 2006 (Public Law 109–

234).

SEC. 4503. (a) IN GENERAL.—Section 2401 of the Emergency

Supplemental Appropriations Act for Defense, the Global War on

Terror, and Hurricane Recovery, 2006 (Public Law 109–234) is

amended by striking ‘‘12 months’’ and inserting ‘‘24 months’’.

(b) EFFECTIVE DATE.—The amendment made by this section

shall be effective on the date of enactment of the Emergency Supplemental Appropriations Act for Defense, the Global War on Terror,

and Hurricane Recovery, 2006 (Public Law 109–234).

120 Stat. 460.

120 Stat. 459.

119 Stat. 2061.

PUBLIC LAW 110–28—MAY 25, 2007 121 STAT. 157

CHAPTER 6

DEPARTMENT OF THE INTERIOR

NATIONAL PARK SERVICE

HISTORIC PRESERVATION FUND

For an additional amount for the ‘‘Historic Preservation Fund’’

for necessary expenses related to the consequences of Hurricane

Katrina and other hurricanes of the 2005 season, $10,000,000,

to remain available until September 30, 2008: Provided, That the

funds provided under this heading shall be provided to the State

Historic Preservation Officer, after consultation with the National

Park Service, for grants for disaster relief in areas of Louisiana

impacted by Hurricanes Katrina or Rita: Provided further, That

grants shall be for the preservation, stabilization, rehabilitation,

and repair of historic properties listed in or eligible for the National

Register of Historic Places, for planning and technical assistance:

Provided further, That grants shall only be available for areas

that the President determines to be a major disaster under section

102(2) of the Robert T. Stafford Disaster Relief and Emergency

Assistance Act (42 U.S.C. 5122(2)) due to Hurricanes Katrina or

Rita: Provided further, That individual grants shall not be subject

to a non-Federal matching requirement: Provided further, That

no more than 5 percent of funds provided under this heading

for disaster relief grants may be used for administrative expenses.

GENERAL PROVISION—THIS CHAPTER

(INCLUDING TRANSFER OF FUNDS)

SEC. 4601. Of the disaster relief funds from Public Law 109–

234, 120 Stat. 418, 461, (June 30, 2006), chapter 5, ‘‘National

Park Service—Historic Preservation Fund’’, for necessary expenses

related to the consequences of Hurricane Katrina and other hurricanes of the 2005 season that were allocated to the State of Mississippi by the National Park Service, $500,000 is hereby transferred to the ‘‘National Park Service—National Recreation and

Preservation’’ appropriation: Provided, That these funds may be

used to reconstruct destroyed properties that at the time of destruction were listed in the National Register of Historic Places and

are otherwise qualified to receive these funds: Provided further,

That the State Historic Preservation Officer certifies that, for the

community where that destroyed property was located, the property

is iconic to or essential to illustrating that community’s historic

identity, that no other property in that community with the same

associative historic value has survived, and that sufficient historical

documentation exists to ensure an accurate reproduction.

CHAPTER 7

DEPARTMENT OF EDUCATION

HIGHER EDUCATION

For an additional amount under part B of title VII of the

Higher Education Act of 1965 (‘‘HEA’’) for institutions of higher

Certification.

121 STAT. 158 PUBLIC LAW 110–28—MAY 25, 2007

education (as defined in section 101 or section 102(c) of that Act)

that are located in an area in which a major disaster was declared

in accordance with section 401 of the Robert T. Stafford Disaster

Relief and Emergency Assistance Act related to Hurricanes Katrina

or Rita, $30,000,000: Provided, That such funds shall be available

to the Secretary of Education only for payments to help defray

the expenses (which may include lost revenue, reimbursement for

expenses already incurred, and construction) incurred by such

institutions of higher education that were forced to close, relocate

or significantly curtail their activities as a result of damage directly

caused by such hurricanes and for payments to enable such institutions to provide grants to students who attend such institutions

for academic years beginning on or after July 1, 2006: Provided

further, That such payments shall be made in accordance with

criteria established by the Secretary and made publicly available

without regard to section 437 of the General Education Provisions

Act, section 553 of title 5, United States Code, or part B of title

VII of the HEA: Provided further, That the Secretary shall award

funds available under this paragraph not later than 60 days after

the date of the enactment of this Act.

HURRICANE EDUCATION RECOVERY

For carrying out activities authorized by subpart 1 of part

D of title V of the Elementary and Secondary Education Act of

1965, $30,000,000, to remain available until expended, for use by

the States of Louisiana, Mississippi, and Alabama primarily for

recruiting, retaining, and compensating new and current teachers,

school principals, assistant principals, principal resident directors,

assistant directors, and other educators, who commit to work for

at least three years in school-based positions in public elementary

and secondary schools located in an area with respect to which

a major disaster was declared under section 401 of the Robert

T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C.

5170) by reason of Hurricane Katrina or Hurricane Rita, including

through such mechanisms as paying salary premiums, performance

bonuses, housing subsidies, signing bonuses, and relocation costs

and providing loan forgiveness, with priority given to teachers and

school-based school principals, assistant principals, principal resident directors, assistant directors, and other educators who previously worked or lived in one of the affected areas, are currently

employed (or become employed) in such a school in any of the

affected areas after those disasters, and commit to continue that

employment for at least 3 years, Provided, That funds available

under this heading to such States may also be used for 1 or

more of the following activities: (1) to build the capacity, knowledge,

and skill of teachers and school-based school principals, assistant

principals, principal resident directors, assistant directors, and

other educators in such public elementary and secondary schools

to provide an effective education, including the design, adaptation,

and implementation of high-quality formative assessments; (2) the

establishment of partnerships with nonprofit entities with a demonstrated track record in recruiting and retaining outstanding

teachers and other school-based school principals, assistant principals, principal resident directors, and assistant directors; and

(3) paid release time for teachers and principals to identify and

replicate successful practices from the fastest-improving and

Deadline.

Criteria.

Public

information.

PUBLIC LAW 110–28—MAY 25, 2007 121 STAT. 159

highest-performing schools: Provided further, That the Secretary

of Education shall allocate amounts available under this heading

among such States that submit applications; that such allocation

shall be based on the number of public elementary and secondary

schools in each State that were closed for 19 days or more during

the period beginning on August 29, 2005, and ending on December

31, 2005, due to Hurricane Katrina or Hurricane Rita; and that

such States shall in turn allocate funds to local educational agencies,

with priority given first to such agencies with the highest percentages of public elementary and secondary schools that are closed

as a result of such hurricanes as of the date of enactment of

this Act and then to such agencies with the highest percentages

of public elementary and secondary schools with a student-teacher

ratio of at least 25 to 1, and with any remaining amounts to

be distributed to such agencies with demonstrated need, as determined by the State Superintendent of Education: Provided further,

That, in the case of any State that chooses to use amounts available

under this heading for performance bonuses, not later than 60

days after the date of enactment of this Act, and in collaboration

with local educational agencies, teachers’ unions, local principals’

organizations, local parents’ organizations, local business organizations, and local charter schools organizations, the State educational

agency shall develop a plan for a rating system for performance

bonuses, and if no agreement has been reached that is satisfactory

to all consulting entities by such deadline, the State educational

agency shall immediately send a letter notifying Congress and

shall, not later than 30 days after such notification, establish and

implement a rating system that shall be based on classroom

observation and feedback more than once annually, conducted by

multiple sources (including, but not limited to, principals and

master teachers), and evaluated against research-based rubrics that

use planning, instructional, and learning environment standards

to measure teacher performance, except that the requirements of

this proviso shall not apply to a State that has enacted a State

law in 2006 authorizing performance pay for teachers.

PROGRAMS TO RESTART SCHOOL OPERATIONS

Funds made available under section 102 of the Hurricane Education Recovery Act (title IV of division B of Public Law 109–

148) may be used by the States of Louisiana, Mississippi, Alabama,

and Texas, in addition to the uses of funds described in section

102(e), for the following costs: (1) recruiting, retaining, and compensating new and current teachers, school principals, assistant principals, principal resident directors, assistant directors, and other

educators for school-based positions in public elementary and secondary schools impacted by Hurricane Katrina or Hurricane Rita,

including through such mechanisms as paying salary premiums,

performance bonuses, housing subsidies, signing bonuses, and

relocation costs and providing loan forgiveness; (2) activities to

build the capacity, knowledge, and skills of teachers and schoolbased school principals, assistant principals, principal resident

directors, assistant directors, and other educators in such public

elementary and secondary schools to provide an effective education,

including the design, adaptation, and implementation of highquality formative assessments; (3) the establishment of partnerships

with nonprofit entities with a demonstrated track record in

Deadlines.

Performance

plan.

Notification.

121 STAT. 160 PUBLIC LAW 110–28—MAY 25, 2007

recruiting and retaining outstanding teachers and school-based

school principals, assistant principals, principal resident directors,

and assistant directors; and (4) paid release time for teachers and

principals to identify and replicate successful practices from the

fastest-improving and highest-performing schools.

GENERAL PROVISIONS—THIS CHAPTER

SEC. 4701. Section 105(b) of title IV of division B of Public

Law 109–148 is amended by adding at the end the following new

sentence: ‘‘With respect to the program authorized by section 102

of this Act, the waiver authority in subsection (a) of this section

shall be available until the end of fiscal year 2008.’’.

SEC. 4702. Notwithstanding section 2002(c) of the Social Security Act (42 U.S.C. 1397a(c)), funds made available under the

heading ‘‘Social Services Block Grant’’ in division B of Public Law

109–148 shall be available for expenditure by the States through

the end of fiscal year 2009.

SEC. 4703. (a) In the event that Louisiana, Mississippi, Alabama, or Texas fails to meet its match requirement with funds

appropriated in fiscal year 2006 or 2007, for fiscal years 2008

and 2009, the Secretary of Health and Human Services may waive

the application of section 2617(d)(4) of the Public Health Service

Act for Louisiana, Mississippi, Alabama, and Texas.

(b) The Secretary may not exercise the waiver authority available under subsection (a) to allow a grantee to provide less than

a 25 percent matching grant.

(c) For grant years beginning in 2008, Louisiana, Mississippi,

Alabama, and Texas and any eligible metropolitan area in Louisiana, Mississippi, Alabama, and Texas shall comply with each

of the applicable requirements under title XXVI of the Public Health

Service Act (42 U.S.C. 300ff–11 et seq.).

CHAPTER 8

DEPARTMENT OF TRANSPORTATION

FEDERAL HIGHWAY ADMINISTRATION

FEDERAL-AID HIGHWAYS

EMERGENCY RELIEF PROGRAM

(INCLUDING RESCISSION OF FUNDS)

For an additional amount for the Emergency Relief Program

as authorized under section 125 of title 23, United States Code,

$871,022,000, to remain available until expended: Provided, That

section 125(d)(1) of title 23, United States Code, shall not apply

to emergency relief projects that respond to damage caused by

the 2005–2006 winter storms in the State of California: Provided

further, That of the unobligated balances of funds apportioned to

each State under chapter 1 of title 23, United States Code,

$871,022,000 are rescinded: Provided further, 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

State listing.

Waiver authority.

119 Stat. 2797.

PUBLIC LAW 110–28—MAY 25, 2007 121 STAT. 161

the date of enactment of Public Law 109–59; and the first sentence

of section 133(d)(3)(A) of such title.

FEDERAL TRANSIT ADMINISTRATION

FORMULA GRANTS

For an additional amount to be allocated by the Secretary

to recipients of assistance under chapter 53 of title 49, United

States Code, directly affected by Hurricanes Katrina and Rita,

$35,000,000, for the operating and capital costs of transit services,

to remain available until expended: Provided, That the Federal

share for any project funded from this amount shall be 100 percent.

DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

OFFICE OF INSPECTOR GENERAL

For an additional amount for the Office of Inspector General,

for the necessary costs related to the consequences of Hurricanes

Katrina and Rita, $7,000,000, to remain available until expended.

GENERAL PROVISIONS—THIS CHAPTER

SEC. 4801. The third proviso under the heading ‘‘Department

of Housing and Urban Development—Public and Indian Housing—

Tenant-Based Rental Assistance’’ in chapter 9 of title I of division

B of Public Law 109–148 (119 Stat. 2779) is amended by striking

‘‘for up to 18 months’’ and inserting ‘‘until December 31, 2007’’.

SEC. 4802. Section 21033 of the Continuing Appropriations

Resolution, 2007 (division B of Public Law 109–289, as amended

by Public Law 110–5) is amended by adding after the third proviso:

‘‘: Provided further, That notwithstanding the previous proviso,

except for applying the 2007 Annual Adjustment Factor and making

any other specified adjustments, public housing agencies specified

in category 1 below shall receive funding for calendar year 2007

based on the higher of the amounts the agencies would receive

under the previous proviso or the amounts the agencies received

in calendar year 2006, and public housing agencies specified in

categories 2 and 3 below shall receive funding for calendar year

2007 equal to the amounts the agencies received in calendar year

2006, 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 previous

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 previous proviso than they would receive

Ante, p. 51.

121 STAT. 162 PUBLIC LAW 110–28—MAY 25, 2007

under this proviso and that have been placed in receivership or

the Secretary has declared to be in breach of an Annual Contributions Contract by June 1, 2007; and (3) public housing agencies

that spent more in calendar year 2006 than the total of the amounts

of any such public housing agency’s allocation amount for calendar

year 2006 and the amount of any such public housing agency’s

available housing assistance payments undesignated funds balance

from calendar year 2005 and the amount of any such public housing

agency’s available administrative fees undesignated funds balance

through calendar year 2006’’.

SEC. 4803. Section 901 of Public Law 109–148 is amended

by deleting ‘‘calendar year 2006’’ and inserting ‘‘calendar years

2006 and 2007’’.

CHAPTER 9

DEPARTMENT OF VETERANS AFFAIRS

DEPARTMENTAL ADMINISTRATION

CONSTRUCTION, MINOR PROJECTS

(INCLUDING RESCISSION OF FUNDS)

For an additional amount for Department of Veterans Affairs,

‘‘Construction, Minor Projects’’, $14,484,754, to remain available

until September 30, 2008, for necessary expenses related to the

consequences of Hurricane Katrina and other hurricanes of the

2005 season.

Of the funds available until September 30, 2007, for the

‘‘Construction, Minor Projects’’ account of the Department of Veterans Affairs, pursuant to section 2702 of Public Law 109–234,

$14,484,754 are hereby rescinded.

TITLE V—OTHER EMERGENCY

APPROPRIATIONS

CHAPTER 1

DEPARTMENT OF AGRICULTURE

GENERAL PROVISION—THIS CHAPTER

SEC. 5101. In addition to any other available funds, there

is hereby appropriated $40,000,000 to the Secretary of Agriculture,

to remain available until expended, for programs and activities

of the Department of Agriculture, as determined by the Secretary,

to provide recovery assistance in response to damage in conjunction

with the Presidential declaration of a major disaster (FEMA–1699–

DR) dated May 6, 2007, for needs not met by the Federal Emergency

Management Agency or private insurers: Provided, That, in addition, the Secretary may use funds provided under this section,

consistent with the provisions of this section, to respond to any

other Presidential declaration of a major disaster issued under

the authority of the Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. 5121–5206 (the Stafford Act),

declared during fiscal year 2007 for events occurring before the

119 Stat. 2781.

PUBLIC LAW 110–28—MAY 25, 2007 121 STAT. 163

date of the enactment of this Act or a Secretary of Agriculture

declaration of a natural disaster, declared during fiscal year 2007

for events occurring before the date of the enactment of this Act.

CHAPTER 2

DEPARTMENT OF COMMERCE

NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION

OPERATIONS, RESEARCH, AND FACILITIES

For an additional amount for ‘‘Operations, Research, and Facilities’’, $60,400,000, to remain available until September 30, 2008:

Provided, That the National Marine Fisheries Service shall cause

such amounts to be distributed among eligible recipients of assistance for the commercial fishery failure designated under section

312(a) of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1861a(a)) and declared by the Secretary of

Commerce on August 10, 2006.

CHAPTER 3

DEPARTMENT OF DEFENSE—CIVIL

DEPARTMENT OF THE ARMY

CORPS OF ENGINEERS—CIVIL

INVESTIGATIONS

For an additional amount for ‘‘Investigations’’ for flood damage

reduction studies to address flooding associated with disasters covered by Presidential Disaster Declaration FEMA–1692–DR,

$8,165,000, to remain available until expended.

CONSTRUCTION

For an additional amount for ‘‘Construction’’ for flood damage

reduction activities associated with disasters covered by Presidential

Disaster Declarations FEMA–1692–DR and FEMA–1694–DR,

$11,200,000, to remain available until expended.

OPERATION AND MAINTENANCE

For an additional amount for ‘‘Operation and Maintenance’’

to dredge navigation channels related to the consequences of hurricanes of the 2005 season, $3,000,000, to remain available until

expended.

FLOOD CONTROL AND COASTAL EMERGENCIES

For an additional amount for ‘‘Flood Control and Coastal Emergencies’’, as authorized by section 5 of the Act of August 18, 1941

(33 U.S.C. 701n), to support emergency operations, repairs and

other activities in response to flood, drought and earthquake emergencies as authorized by law, $153,300,000, to remain available

until expended: Provided, That the Chief of Engineers, acting

through the Assistant Secretary of the Army for Civil Works, shall

Reports.

Deadline.

121 STAT. 164 PUBLIC LAW 110–28—MAY 25, 2007

provide a monthly report to the House and Senate Committees

on Appropriations detailing the allocation and obligation of these

funds, beginning not later than 60 days after enactment of this

Act: Provided further, That of the funds provided under this

heading, $7,000,000 shall be available for drought emergency assistance.

DEPARTMENT OF THE INTERIOR

BUREAU OF RECLAMATION

WATER AND RELATED RESOURCES

For an additional amount for ‘‘Water and Related Resources’’,

$18,000,000, to remain available until expended for drought assistance: Provided, That drought assistance may be provided under

the Reclamation States Drought Emergency Act or other applicable

Reclamation authorities to assist drought plagued areas of the

West.

CHAPTER 4

DEPARTMENT OF THE INTERIOR

BUREAU OF LAND MANAGEMENT

WILDLAND FIRE MANAGEMENT

(INCLUDING TRANSFER OF FUNDS)

For an additional amount for ‘‘Wildland Fire Management’’,

$95,000,000, 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.

UNITED STATES FISH AND WILDLIFE SERVICE

RESOURCE MANAGEMENT

For an additional amount for ‘‘Resource Management’’ for the

detection of highly pathogenic avian influenza in wild birds,

including the investigation of morbidity and mortality events, targeted surveillance in live wild birds, and targeted surveillance

in hunter-taken birds, $7,398,000, to remain available until September 30, 2008.

NATIONAL PARK SERVICE

OPERATION OF THE NATIONAL PARK SYSTEM

For an additional amount for ‘‘Operation of the National Park

System’’ for the detection of highly pathogenic avian influenza in

Notification.

PUBLIC LAW 110–28—MAY 25, 2007 121 STAT. 165

wild birds, including the investigation of morbidity and mortality

events, $525,000, to remain available until September 30, 2008.

UNITED STATES GEOLOGICAL SURVEY

SURVEYS, INVESTIGATIONS, AND RESEARCH

For an additional amount for ‘‘Surveys, Investigations, and

Research’’ for the detection of highly pathogenic avian influenza

in wild birds, including the investigation of morbidity and mortality

events, targeted surveillance in live wild birds, and targeted surveillance in hunter-taken birds, $5,270,000, to remain available until

September 30, 2008.

DEPARTMENT OF AGRICULTURE

FOREST SERVICE

NATIONAL FOREST SYSTEM

For an additional amount for ‘‘National Forest System’’ for

the implementation of a nationwide initiative to increase protection

of national forest lands from drug-trafficking organizations,

including funding for additional law enforcement personnel,

training, equipment and cooperative agreements, $12,000,000, to

remain available until expended.

WILDLAND FIRE MANAGEMENT

(INCLUDING TRANSFER OF FUNDS)

For an additional amount for ‘‘Wildland Fire Management’’, $370,000,000, 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.

GENERAL PROVISION—THIS CHAPTER

SEC. 5401. (a) For fiscal year 2007, payments shall be made

from any revenues, fees, penalties, or miscellaneous receipts

described in sections 102(b)(3) and 103(b)(2) of the Secure Rural

Schools and Community Self-Determination Act of 2000 (Public

Law 106–393; 16 U.S.C. 500 note), not to exceed $100,000,000,

and the payments shall be made, to the maximum extent practicable, in the same amounts, for the same purposes, and in the

same manner as were made to States and counties in 2006 under

that Act.

(b) There is appropriated $425,000,000, to remain available

until December 31, 2007, to be used to cover any shortfall for

payments made under this section from funds not otherwise appropriated.

Notification.

121 STAT. 166 PUBLIC LAW 110–28—MAY 25, 2007

(c) Titles II and III of Public Law 106–393 are amended, effective September 30, 2006, by striking ‘‘2006’’ and ‘‘2007’’ each place

they appear and inserting ‘‘2007’’ and ‘‘2008’’, respectively.

CHAPTER 5

DEPARTMENT OF HEALTH AND HUMAN SERVICES

CENTERS FOR DISEASE CONTROL AND PREVENTION

DISEASE CONTROL, RESEARCH AND TRAINING

For an additional amount for ‘‘Department of Health and

Human Services, Centers for Disease Control and Prevention, Disease Control, Research and Training’’, to carry out section 501

of the Federal Mine Safety and Health Act of 1977 and section

6 of the Mine Improvement and New Emergency Response Act

of 2006, $13,000,000 for research to develop mine safety technology,

including necessary repairs and improvements to leased laboratories: Provided, That progress reports on technology development

shall be submitted to the House and Senate Committees on Appropriations and the Committee on Health, Education, Labor and

Pensions of the Senate and the Committee on Education and Labor

of the House of Representatives on a quarterly basis: Provided

further, That the amount provided under this heading shall remain

available until September 30, 2008.

For an additional amount for ‘‘Department of Health and

Human Services, Centers for Disease Control and Prevention, Disease Control, Research and Training’’, to carry out activities under

section 5011(b) of the Emergency Supplemental Appropriations Act

to Address Hurricanes in the Gulf of Mexico and Pandemic

Influenza, 2006 (Public Law 109–148), $50,000,000, to remain available until expended.

GENERAL PROVISIONS—THIS CHAPTER

(INCLUDING RESCISSIONS)

SEC. 5501. (a). From unexpended balances available for the

Training and Employment Services account under the Department

of Labor, the following amounts are hereby rescinded—

(1) $3,589,000 transferred pursuant to the 2001 Emergency

Supplemental Appropriations Act for Recovery from and

Response to Terrorist Attacks on the United States (Public

Law 107–38);

(2) $834,000 transferred pursuant to the Emergency

Supplemental Appropriations Act of 1994 (Public Law 103–

211); and

(3) $71,000 for the Consortium for Worker Education pursuant to the Emergency Supplemental Act, 2002 (Public Law

107–117).

(b) From unexpended balances available for the State

Unemployment Insurance and Employment Service Operations

account under the Department of Labor pursuant to the Emergency

Supplemental Act, 2002 (Public Law 107–117), $4,100,000 are

hereby rescinded.

SEC. 5502. (a) For an additional amount under ‘‘Department of Education, Safe Schools and Citizenship Education’’, $8,594,000

Reports.

Deadline.

Effective date.

16 USC 500 and

note.

PUBLIC LAW 110–28—MAY 25, 2007 121 STAT. 167

shall be available for Safe and Drug-Free Schools National Programs for competitive grants to local educational agencies to address

youth violence and related issues.

(b) The competition under subsection (a) shall be limited to

local educational agencies that operate schools currently identified

as persistently dangerous under section 9532 of the Elementary

and Secondary Education Act of 1965.

SEC. 5503. Unobligated balances from funds appropriated in

the Department of Defense and Emergency Supplemental Appropriations for Recovery from and Response to Terrorist Attacks on

the United States Act, 2002 (Public Law 107–117) to the Department of Health and Human Services under the heading ‘‘Public

Health and Social Services Emergency Fund’’ that are available

for bioterrorism preparedness and disaster response activities in

the Office of the Secretary shall also be available for the construction, renovation and improvement of facilities on federally-owned

land as necessary for continuity of operations activities.

CHAPTER 6

LEGISLATIVE BRANCH

CAPITOL POLICE

GENERAL EXPENSES

For an additional amount for ‘‘Capitol Police, General

Expenses’’, $10,000,000 for a radio modernization program, to

remain available until expended: Provided, That the Chief of the

Capitol Police may not obligate any of the funds appropriated

under this heading without approval of an obligation plan by the

Committees on Appropriations of the Senate and the House of

Representatives.

ARCHITECT OF THE CAPITOL

CAPITOL POWER PLANT

For an additional amount for ‘‘Capitol Power Plant’’, $50,000,000, for utility tunnel repairs and asbestos abatement, to

remain available until September 30, 2011: Provided, That the

Architect of the Capitol may not obligate any of the funds appropriated under this heading without approval of an obligation plan

by the Committees on Appropriations of the Senate and House

of Representatives.

CHAPTER 7

DEPARTMENT OF VETERANS AFFAIRS

VETERANS HEALTH ADMINISTRATION

MEDICAL SERVICES

For an additional amount for ‘‘Medical Services’’, $466,778,000,

to remain available until expended, of which $30,000,000 shall

be for the establishment of at least one new Level I comprehensive

polytrauma center; $9,440,000 shall be for the establishment of

Obligation plan.

Obligation plan.

121 STAT. 168 PUBLIC LAW 110–28—MAY 25, 2007

polytrauma residential transitional rehabilitation programs;

$10,000,000 shall be for additional transition caseworkers;

$20,000,000 shall be for substance abuse treatment programs;

$20,000,000 shall be for readjustment counseling; $10,000,000 shall

be for blind rehabilitation services; $100,000,000 shall be for

enhancements to mental health services; $8,000,000 shall be for

polytrauma support clinic teams; $5,356,000 shall be for additional

polytrauma points of contact; $228,982,000 shall be for treatment

of Operation Enduring Freedom and Operation Iraqi Freedom veterans; and $25,000,000 shall be for prosthetics.

MEDICAL ADMINISTRATION

For an additional amount for ‘‘Medical Administration’’,

$250,000,000, to remain available until expended.

MEDICAL FACILITIES

For an additional amount for ‘‘Medical Facilities’’, $595,000,000,

to remain available until expended, of which $45,000,000 shall

be used for facility and equipment upgrades at the Department

of Veterans Affairs polytrauma network sites; and $550,000,000

shall be for non-recurring maintenance as identified in the Department of Veterans Affairs Facility Condition Assessment report:

Provided, That the amount provided under this heading for nonrecurring maintenance shall be allocated in a manner not subject

to the Veterans Equitable Resource Allocation: Provided further,

That within 30 days of enactment of this Act the Secretary shall

submit to the Committees on Appropriations of both Houses of

Congress an expenditure plan, by project, for non-recurring maintenance prior to obligation: Provided further, That semi-annually,

on October 1 and April 1, the Secretary shall submit to the Committees on Appropriations of both Houses of Congress a report on

the status of funding for non-recurring maintenance, including

obligations and unobligated balances for each project identified

in the expenditure plan.

MEDICAL AND PROSTHETIC RESEARCH

For an additional amount for ‘‘Medical and Prosthetic

Research’’, $32,500,000, to remain available until expended, which

shall be used for research related to the unique medical needs

of returning Operation Enduring Freedom and Operation Iraqi

Freedom veterans.

DEPARTMENTAL ADMINISTRATION

GENERAL OPERATING EXPENSES

(INCLUDING TRANSFER OF FUNDS)

For an additional amount for ‘‘General Operating Expenses’’,

$83,200,000, to remain available until expended, of which

$1,250,000 shall be for digitization of military records; $60,750,000

shall be for expenses related to hiring and training new claims

processing personnel; up to $1,200,000 shall be for an independent

study of the organizational structure, management and coordination

processes, including seamless transition, utilized by the Department

of Veterans Affairs to provide health care and benefits to active

Deadlines.

Reports.

Deadline.

Expenditure

plan.

PUBLIC LAW 110–28—MAY 25, 2007 121 STAT. 169

duty personnel and veterans, including those returning Operation

Enduring Freedom and Operation Iraqi Freedom veterans; and

$20,000,000 shall be for disability examinations: Provided, That

not to exceed $1,250,000 of the amount appropriated under this

heading may be transferred to the Department of Defense for the

digitization of military records used to verify stressors for benefits

claims.

INFORMATION TECHNOLOGY SYSTEMS

For an additional amount for ‘‘Information Technology Sys- tems’’, $35,100,000, to remain available until expended, of which

$20,000,000 shall be for information technology support and

improvements for processing of Operation Enduring Freedom and

Operation Iraqi Freedom veterans benefits claims, including making

electronic Department of Defense medical records available for

claims processing and enabling electronic benefits applications by

veterans; and $15,100,000 shall be for electronic data breach

remediation and prevention.

CONSTRUCTION, MINOR PROJECTS

For an additional amount for ‘‘Construction, Minor Projects’’,

$326,000,000, to remain available until expended, of which up to

$36,000,000 shall be for construction costs associated with the

establishment of polytrauma residential transitional rehabilitation

programs.

GENERAL PROVISIONS—THIS CHAPTER

SEC. 5701. The Director of the Congressional Budget Office

shall, not later than November 15, 2007, submit to the Committees

on Appropriations of the House of Representatives and the Senate

a report projecting appropriations necessary for the Departments

of Defense and Veterans Affairs to continue providing necessary

health care to veterans of the conflicts in Iraq and Afghanistan.

The projections should span several scenarios for the duration and

number of forces deployed in Iraq and Afghanistan, and more

generally, for the long-term health care needs of deployed troops

engaged in the global war on terrorism over the next 10 years.

SEC. 5702. Notwithstanding any other provision of law, appropriations made by Public Law 110–5, which the Secretary of Veterans Affairs contributes to the Department of Defense/Department

of Veterans Affairs Health Care Sharing Incentive Fund under

the authority of section 8111(d) of title 38, United States Code,

shall remain available until expended for any purpose authorized

by section 8111 of title 38, United States Code.

SEC. 5703. (a)(1) The Secretary of Veterans Affairs (referred

to in this section as the ‘‘Secretary’’) may convey to the State

of Texas, without consideration, all rights, title, and interest of

the United States in and to the parcel of real property comprising

the location of the Marlin, Texas, Department of Veterans Affairs

Medical Center.

(2) The property conveyed under paragraph (1) shall be used

by the State of Texas for the purposes of a prison.

(b) In carrying out the conveyance under subsection (a), the

Secretary shall conduct environmental cleanup on the parcel to

be conveyed, at a cost not to exceed $500,000, using amounts

Deadline.

Reports.

121 STAT. 170 PUBLIC LAW 110–28—MAY 25, 2007

made available for environmental cleanup of sites under the jurisdiction of the Secretary.

(c) Nothing in this section may be construed to affect or limit

the application of or obligation to comply with any environmental

law, including section 120(h) of the Comprehensive Environmental

Response, Compensation, and Liability Act of 1980 (42 U.S.C.

9620(h)).

SEC. 5704. (a) Funds provided in this Act for the following

accounts shall be made available for programs under the conditions

contained in the language of the joint explanatory statement of

managers accompanying the conference report on H.R. 1591 of

the 110th Congress (H. Rept. 110–107):

‘‘Medical Services’’.

‘‘Medical Administration’’.

‘‘Medical Facilities’’.

‘‘Medical and Prosthetic Research’’.

‘‘General Operating Expenses’’.

‘‘Information Technology Systems’’.

‘‘Construction, Minor Projects’’.

(b) The Secretary of Veterans Affairs shall submit all reports

requested in House Report 110–60 and Senate Report 110–37, to

the Committees on Appropriations of both Houses of Congress.

SEC. 5705. Subsection (d) of section 2023 of title 38, United

States Code, is amended by striking ‘‘shall cease’’ and all that

follows through ‘‘program’’ and inserting ‘‘shall cease on September

30, 2007’’.

TITLE VI—OTHER MATTERS

CHAPTER 1

DEPARTMENT OF AGRICULTURE

FARM SERVICE AGENCY

SALARIES AND EXPENSES

For an additional amount for ‘‘Salaries and Expenses’’ of the

Farm Service Agency, $37,500,000, to remain available until September 30, 2008: Provided, That this amount shall only be available

for network and database/application stabilization.

GENERAL PROVISIONS—THIS CHAPTER

SEC. 6101. Of the funds made available through appropriations

to the Food and Drug Administration for fiscal year 2007, not

less than $4,000,000 shall be for the Office of Women’s Health

of such Administration.

SEC. 6102. None of the funds made available to the Department

of Agriculture for fiscal year 2007 may be used to implement the

risk-based 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

Reports.

PUBLIC LAW 110–28—MAY 25, 2007 121 STAT. 171

the development and design of the risk-based inspection program

and FSIS has addressed and resolved issues identified by OIG.

CHAPTER 2

GENERAL PROVISIONS—THIS CHAPTER

SEC. 6201. Hereafter, Federal employees at the National Energy

Technology Laboratory 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. 6202. None of the funds made available under this or

any other Act shall be used during fiscal year 2007 to make,

or plan or prepare to make, any payment on bonds issued by

the Administrator of the Bonneville Power Administration (referred

in this section as the ‘‘Administrator’’) or for an appropriated Federal Columbia River Power System investment, if the payment

is both—

(1) greater, during any fiscal year, than the payments

calculated in the rate hearing of the Administrator to be made

during that fiscal year using the repayment method used to

establish the rates of the Administrator as in effect on October

1, 2006; and

(2) based or conditioned on the actual or expected net

secondary power sales receipts of the Administrator.

CHAPTER 3

GENERAL PROVISIONS—THIS CHAPTER

SEC. 6301. (a) Section 102(a)(3)(B) of the Help America Vote

Act of 2002 (42 U.S.C. 15302(a)(3)(B)) is amended by striking

‘‘January 1, 2006’’ and inserting ‘‘March 1, 2008’’.

(b) The amendment made by subsection (a) shall take effect

as if included in the enactment of the Help America Vote Act

of 2002.

SEC. 6302. The structure of any of the offices or components

within the Office of National Drug Control Policy shall remain

as they were on October 1, 2006. None of the funds appropriated

or otherwise made available in the Continuing Appropriations Resolution, 2007 (Public Law 110–5) may be used to implement a

reorganization of offices within the Office of National Drug Control

Policy without the explicit approval of the Committees on Appropriations of the House of Representatives and the Senate.

SEC. 6303. From the amount provided by section 21067 of

the Continuing Appropriations Resolution, 2007 (Public Law 110–

5), the National Archives and Records Administration may obligate

monies necessary to carry out the activities of the Public Interest

Declassification Board.

SEC. 6304. Notwithstanding the notice requirement of the

Transportation, Treasury, Housing and Urban Development, the

Judiciary, the District of Columbia, and Independent Agencies

Appropriations Act, 2006, 119 Stat. 2509 (Public Law 109–115),

as continued in section 104 of the Continuing Appropriations Resolution, 2007 (Public Law 110–5), the District of Columbia Courts

may reallocate not more than $1,000,000 of the funds provided

for fiscal year 2007 under the Federal Payment to the District

Government

organization.

Effective date.

42 USC 15302

note.

Government

employees.

31 USC 501 note.

Bond payments.

121 STAT. 172 PUBLIC LAW 110–28—MAY 25, 2007

of Columbia Courts for facilities among the items and entities

funded under that heading for operations.

SEC. 6305. (a) Not later than 90 days after the date of enactment of this Act, the Secretary of the Treasury, in coordination

with the Securities and Exchange Commission and in consultation

with the Departments of State and Energy, shall prepare and

submit to the Senate Committee on Appropriations, the House

Committee on Appropriations, the Senate Committee on Banking,

Housing, and Urban Affairs, the House Committee on Financial

Services, the Senate Foreign Relations Committee, and the House

Foreign Affairs Committee a written report, which may include

a classified annex, containing the names of companies which either

directly or through a parent or subsidiary company, including

partly-owned subsidiaries, are known to conduct significant business operations in Sudan relating to natural resource extraction,

including oil-related activities and mining of minerals. The reporting

provision shall not apply to companies operating under licenses

from the Office of Foreign Assets Control or otherwise expressly

exempted under United States law from having to obtain such

licenses in order to operate in Sudan.

(b) Not later than 45 days following the submission to Congress

of the list of companies conducting business operations in Sudan

relating to natural resource extraction as required above, the General Services Administration shall determine whether the United

States Government has an active contract for the procurement

of goods or services with any of the identified companies, and

provide notification to the appropriate committees of Congress,

which may include a classified annex, regarding the companies,

nature of the contract, and dollar amounts involved.

(INCLUDING RESCISSION)

SEC. 6306. (a) Of the funds provided for the General Services

Administration, ‘‘Office of Inspector General’’ in section 21061 of

the Continuing Appropriations Resolution, 2007 (division B of Public

Law 109–289, as amended by Public Law 110–5), $4,500,000 are

rescinded.

(b) For an additional amount for the General Services Administration, ‘‘Office of Inspector General’’, $4,500,000, to remain available until September 30, 2008. (c) With the additional amount of $9,336,000 appropriated in

Public Law 110–5 and in this Act, above the amount appropriated

in Public Law 109–115, of which $4,500,000 remains available

for obligation in fiscal year 2008, the Office of Inspector General

shall hire additional staff for internal audits and investigations,

and the remaining funds shall be for one-time associated needs

such as information technology and other such administrative support.

SEC. 6307. Section 21073 of the Continuing Appropriations

Resolution, 2007 (Public Law 110–5) is amended by adding a new

subsection (j) as follows:

‘‘(j) Notwithstanding section 101, any appropriation or funds

made available to the District of Columbia pursuant to this Act

for ‘Federal Payment for Foster Care Improvement in the District

of Columbia’ shall be available in accordance with an expenditure

plan submitted by the Mayor of the District of Columbia not later

than 60 days after the enactment of this section which details

the activities to be carried out with such Federal Payment.’’.

District of

Columbia.

Expenditure

plan.

Deadline.

Ante, p. 58.

Deadline.

Contracts.

Notification.

Deadline.

Reports.

PUBLIC LAW 110–28—MAY 25, 2007 121 STAT. 173

SEC. 6308. It is the sense of Congress that the Small Business

Administration will provide, through funds available within

amounts already appropriated for Small Business Administration

disaster assistance, physical and economic injury disaster loans

to Kansas businesses and homeowners devastated by the severe

tornadoes, storms, and flooding that occurred beginning on May

4, 2007.

CHAPTER 4

DEPARTMENT OF HOMELAND SECURITY

GENERAL PROVISIONS—THIS CHAPTER

SEC. 6401. Not to exceed $30,000,000 from unobligated balances

remaining from prior appropriations for United States Coast Guard,

‘‘Retired Pay’’, shall remain available until expended in the account

and for the purposes for which the appropriations were provided,

including the payment of obligations otherwise chargeable to lapsed

or current appropriations for this purpose: Provided, That within

45 days after the date of enactment of this Act, the United States

Coast Guard shall submit to the Committees on Appropriations

of the Senate and the House of Representatives the following:

(1) a report on steps being taken to improve the accuracy of its

estimates for the ‘‘Retired Pay’’ appropriation; and (2) quarterly

reports on the use of unobligated balances made available by this

Act to address the projected shortfall in the ‘‘Retired Pay’’ appropriation, as well as updated estimates for fiscal year 2008.

SEC. 6402. (a) IN GENERAL.—Any contract, subcontract, task

or delivery order described in subsection (b) shall contain the following:

(1) A requirement for a technical review of all designs,

design changes, and engineering change proposals, and a

requirement to specifically address all engineering concerns

identified in the review before the obligation of further funds

may occur.

(2) A requirement that the Coast Guard maintain technical

warrant holder authority, or the equivalent, for major assets.

(3) A requirement that no procurement subject to subsection (b) for lead asset production or the implementation

of a major design change shall be entered into unless an independent third party with no financial interest in the development, construction, or modification of any component of the

asset, selected by the Commandant, determines that such action

is advisable.

(4) A requirement for independent life-cycle cost estimates

of lead assets and major design and engineering changes.

(5) A requirement for the measurement of contractor and

subcontractor performance based on the status of all work

performed. For contracts under the Integrated Deepwater Systems program, such requirement shall include a provision that

links award fees to successful acquisition outcomes (which shall

be defined in terms of cost, schedule, and performance).

(6) A requirement that the Commandant of the Coast

Guard assign an appropriate officer or employee of the Coast

Guard to act as chair of each integrated product team and

Contracts.

Deadline.

Reports.

121 STAT. 174 PUBLIC LAW 110–28—MAY 25, 2007

higher-level team assigned to the oversight of each integrated

product team.

(7) A requirement that the Commandant of the Coast

Guard may not award or issue any contract, task or delivery

order, letter contract modification thereof, or other similar contract, for the acquisition or modification of an asset under

a procurement subject to subsection (b) unless the Coast Guard

and the contractor concerned have formally agreed to all terms

and conditions or the head of contracting activity for the Coast

Guard determines that a compelling need exists for the award

or issue of such instrument.

(b) CONTRACTS, SUBCONTRACTS, TASK AND DELIVERY ORDERS

COVERED.—Subsection (a) applies to—

(1) any major procurement contract, first-tier subcontract,

delivery or task order entered into by the Coast Guard;

(2) any first-tier subcontract entered into under such a

contract; and

(3) any task or delivery order issued pursuant to such

a contract or subcontract.

(c) EXPENDITURE OF DEEPWATER FUNDS.—Of the funds available for the Integrated Deepwater Systems program, $650,000,000

may not be obligated until the Committees on Appropriations of

the Senate and the House of Representatives receive an expenditure

plan directly from the Coast Guard that—

(1) defines activities, milestones, yearly costs, and lifecycle costs for each procurement of a major asset;

(2) identifies life-cycle 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) contains very limited indefinite delivery/indefinite

quantity contracts and explains the need for any indefinite

delivery/indefinite quantity contracts;

(6) complies with all applicable acquisition rules, requirements, and guidelines, and incorporates the best systems

acquisition management practices of the Federal Government;

(7) complies with the capital planning and investment control requirements established by the Office of Management

and Budget, including circular A–11, part 7;

(8) includes a certification by the head of contracting

activity for the Coast Guard and the Chief Procurement Officer

of the Department of Homeland Security that the Coast Guard

has established sufficient controls and procedures and has sufficient staffing to comply with all contracting requirements, and

that any conflicts of interest have been sufficiently addressed;

(9) includes a description of the process used to act upon

deviations from the contractually specified performance requirements and clearly explains the actions taken on such deviations;

(10) includes a certification that the Assistant Commandant

of the Coast Guard for Engineering and Logistics is designated

as the technical authority for all engineering, design, and logistics decisions pertaining to the Integrated Deepwater Systems

program; and

(11) identifies progress in complying with the requirements

of subsection (a).

Certification.

Certification.

PUBLIC LAW 110–28—MAY 25, 2007 121 STAT. 175

(d) REPORTS.—(1) Not later than 30 days after the date of

enactment of this Act, the Commandant of the Coast Guard shall

submit to the Committees on Appropriations of the Senate and

the House of Representatives; the Committee on Commerce, Science

and Transportation of the Senate; and the Committee on Transportation and Infrastructure of the House of Representatives: (i) a

report on the resources (including training, staff, and expertise)

required by the Coast Guard to provide appropriate management

and oversight of the Integrated Deepwater Systems program; and

(ii) a report on how the Coast Guard will utilize full and open

competition for any contract that provides for the acquisition or

modification of assets under, or in support of, the Integrated Deepwater Systems program, entered into after the date of enactment

of this Act.

(2) Within 30 days following the submission of the expenditure

plan required under subsection (c), the Government Accountability

Office shall review the plan and brief the Committees on Appropriations of the Senate and the House of Representatives on its findings.

SEC. 6403. None of the funds provided in this Act or any

other 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 enactment of this Act.

(INCLUDING RESCISSIONS OF FUNDS)

SEC. 6404. (a) RESCISSIONS.—The following unobligated balances made available pursuant to section 505 of Public Law 109–

90 are rescinded: $1,200,962 from the ‘‘Office of the Secretary

and Executive Management’’; $512,855 from the ‘‘Office of the Under

Secretary for Management’’; $461,874 from the ‘‘Office of the Chief

Information Officer’’; $45,080 from the ‘‘Office of the Chief Financial

Officer’’; $968,211 from Preparedness ‘‘Management and Administration’’; $1,215,486 from Science and Technology ‘‘Management

and Administration’’; $450,000 from United States Secret Service

‘‘Salaries and Expenses’’; $450,000 from Federal Emergency

Management Agency ‘‘Administrative and Regional Operations’’;

and $25,595,532 from United States Coast Guard ‘‘Operating

Expenses’’.

(b) ADDITIONAL APPROPRIATIONS.— (1) For an additional amount for United States Coast Guard

‘‘Acquisition, Construction, and Improvements’’, $30,000,000,

to remain available until September 30, 2009, to mitigate the

Service’s patrol boat operational gap.

(2) For an additional amount for the ‘‘Office of the Under

Secretary for Management’’, $900,000 for an independent study

to compare the Department of Homeland Security senior career

and political staffing levels and senior career training programs

with those of similarly structured cabinet-level agencies as

detailed in House Report 110–107: Provided, That the Department of Homeland Security shall provide to the Committees

on Appropriations of the Senate and the House of Representatives by July 20, 2007, a report on senior staffing, as detailed

in Senate Report 110–37, and the Government Accountability

Office shall report on the strengths and weakness of this report

within 90 days after its submission.

Deadlines.

Reports.

Expenditure

plan.

121 STAT. 176 PUBLIC LAW 110–28—MAY 25, 2007

SEC. 6405. (a) IN GENERAL.—With respect to contracts entered

into after July 1, 2007, and except as provided in subsection (b),

no entity performing lead system integrator functions in the acquisition of a major system by the Department of Homeland Security

may have any direct financial interest in the development or

construction of any individual system or element of any system

of systems.

(b) EXCEPTION.—An entity described in subsection (a) may have

a direct financial interest in the development or construction of

an individual system or element of a system of systems if—

(1) the Secretary of Homeland Security certifies to the

Committees on Appropriations of the Senate and the House

of Representatives, the Committee on Homeland Security of

the House of Representatives, the Committee on Transportation

and Infrastructure of the House of Representatives, the Committee on Homeland Security and Governmental Affairs of the

Senate, and the Committee on Commerce, Science and

Transportation of the Senate that—

(A) the entity was selected by the Department of Homeland Security as a contractor to develop or construct the

system or element concerned through the use of competitive

procedures; and

(B) the Department took appropriate steps to prevent

any organizational conflict of interest in the selection

process; or

(2) the entity was selected by a subcontractor to serve

as a lower-tier subcontractor, through a process over which

the entity exercised no control.

(c) CONSTRUCTION.—Nothing in this section shall be construed

to preclude an entity described in subsection (a) from performing

work necessary to integrate two or more individual systems or

elements of a system of systems with each other.

(d) REGULATIONS UPDATE.—Not later than July 1, 2007, the

Secretary of Homeland Security shall update the acquisition regulations of the Department of Homeland Security in order to specify

fully in such regulations the matters with respect to lead system

integrators set forth in this section. Included in such regulations

shall be: (1) a precise and comprehensive definition of the term

‘‘lead system integrator’’, modeled after that used by the Department of Defense; and (2) a specification of various types of contracts

and fee structures that are appropriate for use by lead system

integrators in the production, fielding, and sustainment of complex

systems.

CHAPTER 5

GENERAL PROVISIONS—THIS CHAPTER

SEC. 6501. Section 20515 of the Continuing Appropriations

Resolution, 2007 (division B of Public Law 109–289, as amended

by Public Law 110–5) is amended by inserting before the period:

‘‘; and of which, not to exceed $143,628,000 shall be available

for contract support costs under the terms and conditions contained

in Public Law 109–54’’.

SEC. 6502. Section 20512 of the Continuing Appropriations

Resolution, 2007 (division B of Public Law 109–289, as amended

Ante, p. 27. by Public Law 110–5) is amended by inserting after the first dollar

Ante, p. 27.

Deadline.

Certification.

Contracts.

6 USC 396.

PUBLIC LAW 110–28—MAY 25, 2007 121 STAT. 177

amount: ‘‘, of which not to exceed $7,300,000 shall be transferred

to the ‘Indian Health Facilities’ account; the amount in the second

proviso shall be $18,000,000; the amount in the third proviso shall

be $525,099,000; the amount in the ninth proviso shall be

$269,730,000; and the $15,000,000 allocation of funding under the

eleventh proviso shall not be required’’.

SEC. 6503. Section 20501 of the Continuing Appropriations

Resolution, 2007 (division B of Public Law 109–289, as amended

by Public Law 110–5) is amended by inserting after ‘‘$55,663,000’’

the following: ‘‘of which $13,000,000 shall be for Save America’s

Treasures’’.

SEC. 6504. Funds made available to the United States Fish

and Wildlife Service for fiscal year 2007 under the heading ‘‘Land

Acquisition’’ may be used for land conservation partnerships authorized by the Highlands Conservation Act of 2004.

CHAPTER 6

DEPARTMENT OF HEALTH AND HUMAN SERVICES

NATIONAL INSTITUTES OF HEALTH

NATIONAL INSTITUTE OF ALLERGY AND INFECTIOUS DISEASES

(TRANSFER OF FUNDS)

Of the amount provided by the Continuing Appropriations Resolution, 2007 (division B of Public Law 109–289, as amended by

Public Law 110–5) for ‘‘National Institute of Allergy and Infectious

Diseases’’, $49,500,000 shall be transferred to ‘‘Public Health and

Social Services Emergency Fund’’ to carry out activities relating

to advanced research and development as provided by section 319L

of the Public Health Service Act.

OFFICE OF THE DIRECTOR

(TRANSFER OF FUNDS)

Of the amount provided by the Continuing Appropriations Resolution, 2007 (division B of Public Law 109–289, as amended by

Public Law 110–5) for ‘‘Office of the Director’’, $49,500,000 shall

be transferred to ‘‘Public Health and Social Services Emergency

Fund’’ to carry out activities relating to advanced research and

development as provided by section 319L of the Public Health

Service Act.

NATIONAL COUNCIL ON DISABILITY

SALARIES AND EXPENSES

For an additional amount for ‘‘Salaries and Expenses’’,

$300,000, to remain available until expended, for necessary

expenses related to the requirements of the Post-Katrina Emergency

Management Reform Act of 2006, as enacted by the Department

of Homeland Security Appropriations Act, 2007 (Public Law 109–

295).

Ante, p. 26.

121 STAT. 178 PUBLIC LAW 110–28—MAY 25, 2007

GENERAL PROVISIONS—THIS CHAPTER

(INCLUDING TRANSFERS OF FUNDS AND RESCISSIONS)

SEC. 6601. Section 20602 of the Continuing Appropriations

Resolution, 2007 (division B of Public Law 109–289, as amended

by Public Law 110–5) is amended by inserting the following after

‘‘$5,000,000’’: ‘‘(together with an additional $7,000,000 which shall

be transferred by the Pension Benefit Guaranty Corporation as

an authorized administrative cost), to remain available through

September 30, 2008,’’.

SEC. 6602. (a) None of the funds available to the Mine Safety

and Health Administration under the Continuing Appropriations

Resolution, 2007 (division B of Public Law 109–289, as amended

by Public Law 110–5) shall be used to enter into or carry out

a contract for the performance by a contractor of any operations

or services pursuant to the public-private competitions conducted

under Office of Management and Budget Circular A–76.

(b) Hereafter, Federal employees at the Mine Safety and Health

Administration 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. 6603. Section 20607 of the Continuing Appropriations

Resolution, 2007 (division B of Public Law 109–289, as amended

by Public Law 110–5) is amended by inserting ‘‘of which $9,666,000

shall be for the Women’s Bureau,’’ after ‘‘for child labor activities,’’.

SEC. 6604. Of the amount provided for ‘‘Department of Health

and Human Services, Health Resources and Services Administration, Health Resources and Services’’ in the Continuing Appropriations Resolution, 2007 (division B of Public Law 109–289, as

amended by Public Law 110–5), $23,000,000 shall be for Poison

Control Centers.

SEC. 6605. From the amounts made available by the Continuing

Appropriations Resolution, 2007 (division B of Public Law 109–

289, as amended by Public Law 110–5) for the Office of the Secretary, General Departmental Management under the Department

of Health and Human Services, $500,000 are rescinded.

SEC. 6606. Section 20625(b)(1) of the Continuing Appropriations

Resolution, 2007 (division B of Public Law 109–289, as amended

by Public Law 110–5) is amended by—

(1) striking ‘‘$7,172,994,000’’ and inserting

‘‘$7,176,431,000’’;

(2) amending subparagraph (A) to read as follows: ‘‘(A)

$5,454,824,000 shall be for basic grants under section 1124

of the Elementary and Secondary Education Act of 1965

(ESEA), of which up to $3,437,000 shall be available to the

Secretary of Education on October 1, 2006, to obtain annually

updated educational-agency-level census poverty data from the

Bureau of the Census;’’; and

(3) amending subparagraph (C) to read as follows: ‘‘(C)

not to exceed $2,352,000 may be available for section 1608

of the ESEA and for a clearinghouse on comprehensive school

reform under part D of title V of the ESEA;’’.

SEC. 6607. The provision in the first proviso under the heading

‘‘Rehabilitation Services and Disability Research’’ in the Department

of Education Appropriations Act, 2006, relating to alternative

Ante, p. 34.

Ante, p. 30.

Government

employees.

31 USC 501 note.

Ante, p. 29.

PUBLIC LAW 110–28—MAY 25, 2007 121 STAT. 179

financing programs under section 4(b)(2)(D) of the Assistive Technology Act of 1998 shall not apply to funds appropriated by the

Continuing Appropriations Resolution, 2007.

SEC. 6608. From the amounts made available by the Continuing

Appropriations Resolution, 2007 (division B of Public Law 109–

289, as amended by Public Law 110–5) for administrative expenses

of the Department of Education, $500,000 are rescinded: Provided,

That such reduction shall not apply to funds available to the Office

for Civil Rights and the Office of the Inspector General.

SEC. 6609. Notwithstanding sections 20639 and 20640 of the

Continuing Appropriations Resolution, 2007, as amended by section

2 of the Revised Continuing Appropriations Resolution, 2007 (Public

Law 110–5), the Chief Executive Officer of the Corporation for

National and Community Service may transfer an amount of not

more than $1,360,000 from the account under the heading ‘‘National

and Community Service Programs, Operating Expenses’’ under the

heading ‘‘Corporation for National and Community Service’’, to the

account under the heading ‘‘Salaries and Expenses’’ under the

heading ‘‘Corporation for National and Community Service’’.

SEC. 6610. (a) Section 1310.12(a) of title 45, Code of Federal

Regulations, shall take effect 30 days after the date of enactment

of this Act.

(b)(1) Not later than 60 days after the National Highway Traffic

Safety Administration of the Department of Transportation submits

its study on occupant protection on Head Start transit vehicles

(related to Government Accountability Office report GAO–06–767R),

the Secretary of Health and Human Services shall review and

shall revise as necessary the allowable alternate vehicle standards

described in that part 1310 (or any corresponding similar regulation

or ruling) relating to allowable alternate vehicles used to transport

children for a Head Start program. In making any such revision,

the Secretary shall revise the standards to be consistent with the

findings contained in such study, including making a determination

on the exemption of such a vehicle from Federal seat spacing

requirements, and Federal supporting seating requirements related

to compartmentalization, if such vehicle meets all other applicable

Federal motor vehicle safety standards, including standards for

seating systems, occupant crash protection, seat belt assemblies,

and child restraint anchorage systems consistent with that part

1310 (or any corresponding similar regulation or ruling).

(2) Notwithstanding subsection (a), until such date as the Secretary of Health and Human Services completes the review and

any necessary revision specified in paragraph (1), the provisions

of section 1310.12(a) relating to Federal seat spacing requirements,

and Federal supporting seating requirements related to

compartmentalization, for allowable alternate vehicles used to

transport children for a Head Start program, shall not apply to

such a vehicle if such vehicle meets all other applicable Federal

motor vehicle safety standards, as described in paragraph (1).

SEC. 6611. (a)(1) Section 3(37)(G) of the Employee Retirement

Income Security Act of 1974 (29 U.S.C. 1002(37)(G)) (as amended

by section 1106(a) of the Pension Protection Act of 2006) is

amended—

(A) in clause (i)(II)(aa), by striking ‘‘for each of the 3 plan

years immediately before the date of the enactment of the

Pension Protection Act of 2006,’’ and inserting ‘‘for each of

the 3 plan years immediately preceding the first plan year

Deadline.

Motor vehicles.

Safety standards.

Effective date.

121 STAT. 180 PUBLIC LAW 110–28—MAY 25, 2007

for which the election under this paragraph is effective with

respect to the plan,’’;

(B) in clause (ii), by striking ‘‘starting with the first plan

year ending after the date of the enactment of the Pension

Protection Act of 2006’’ and inserting ‘‘starting with any plan

year beginning on or after January 1, 1999, and ending before

January 1, 2008, as designated by the plan in the election

made under clause (i)(II)’’; and

(C) by adding at the end the following new clause:

‘‘(vii) For purposes of this Act and the Internal Revenue Code

of 1986, a plan making an election under this subparagraph shall

be treated as maintained pursuant to a collective bargaining agreement if a collective bargaining agreement, expressly or otherwise,

provides for or permits employer contributions to the plan by one

or more employers that are signatory to such agreement, or participation in the plan by one or more employees of an employer that

is signatory to such agreement, regardless of whether the plan

was created, established, or maintained for such employees by

virtue of another document that is not a collective bargaining agreement.’’.

(2) Paragraph (6) of section 414(f) of the Internal Revenue

Code of 1986 (relating to election with regard to multiemployer

status) (as amended by section 1106(b) of the Pension Protection

Act of 2006) is amended—

(A) in subparagraph (A)(ii)(I), by striking ‘‘for each of the

3 plan years immediately before the date of enactment of the

Pension Protection Act of 2006,’’ and inserting ‘‘for each of

the 3 plan years immediately preceding the first plan year

for which the election under this paragraph is effective with

respect to the plan,’’;

(B) in subparagraph (B), by striking ‘‘starting with the

first plan year ending after the date of the enactment of the

Pension Protection Act of 2006’’ and inserting ‘‘starting with

any plan year beginning on or after January 1, 1999, and

ending before January 1, 2008, as designated by the plan

in the election made under subparagraph (A)(ii)’’; and

(C) by adding at the end the following new subparagraph:

‘‘(F) MAINTENANCE UNDER COLLECTIVE BARGAINING

AGREEMENT.—For purposes of this title and the Employee

Retirement Income Security Act of 1974, a plan making

an election under this paragraph shall be treated as maintained pursuant to a collective bargaining agreement if

a collective bargaining agreement, expressly or otherwise,

provides for or permits employer contributions to the plan

by one or more employers that are signatory to such agreement, or participation in the plan by one or more employees

of an employer that is signatory to such agreement, regardless of whether the plan was created, established, or maintained for such employees by virtue of another document

that is not a collective bargaining agreement.’’.

(b)(1) Clause (vi) of section 3(37)(G) of the Employee Retirement

Income Security Act of 1974 (as amended by section 1106(a) of

the Pension Protection Act of 2006) is amended by striking ‘‘if

it is a plan—’’ and all that follows and inserting the following:

‘‘if it is a plan sponsored by an organization which is described

in section 501(c)(5) of the Internal Revenue Code of 1986 and

29 USC 1002.

26 USC 414.

PUBLIC LAW 110–28—MAY 25, 2007 121 STAT. 181

exempt from tax under section 501(a) of such Code and which

was established in Chicago, Illinois, on August 12, 1881.’’.

(2) Subparagraph (E) of section 414(f)(6) of the Internal Revenue Code of 1986 (as amended by section 1106(b) of the Pension

Protection Act of 2006) is amended by striking ‘‘if it is a plan—

’’ and all that follows and inserting the following: ‘‘if it is a plan

sponsored by an organization which is described in section 501(c)(5)

and exempt from tax under section 501(a) and which was established in Chicago, Illinois, on August 12, 1881.’’.

(c) The amendments made by this section shall take effect

as if included in section 1106 of the Pension Protection Act of

2006.

SEC. 6612. (a) Subclause (III) of section 420(f)(2)(E)(i) of the

Internal Revenue Code of 1986 is amended by striking ‘‘subsection

(c)(2)(E)(ii)(II)’’ and inserting ‘‘subsection (c)(3)(E)(ii)(II)’’.

(b) Section 420(e)(2)(B) of the Internal Revenue Code of 1986

is amended by striking ‘‘funding shortfall’’ and inserting ‘‘funding

target’’.

(c) The amendments made by this section shall take effect

as if included in the provisions of the Pension Protection Act of

2006 to which they relate.

SEC. 6613. (a) Subparagraph (A) of section 420(c)(3) of the

Internal Revenue Code of 1986 is amended by striking ‘‘transfer.’’

and inserting ‘‘transfer or, in the case of a transfer which involves

a plan maintained by an employer described in subsection

(f)(2)(E)(i)(III), if the plan meets the requirements of subsection

(f)(2)(D)(i)(II).’’.

(b) The amendment made by subsection (a) shall apply to

transfers after the date of the enactment of this Act.

SEC. 6614. (a) Section 402(i)(1) of the Pension Protection Act

of 2006 is amended by striking ‘‘December 28, 2007’’ and inserting

‘‘January 1, 2008’’.

(b) The amendment made by subsection (a) shall take effect

as if included in section 402 of the Pension Protection Act of

2006.

SEC. 6615. (a) Section 402(a)(2) of the Pension Protection Act

of 2006 is amended by inserting ‘‘and by using, in determining

the funding target for each of the 10 plan years during such period,

an interest rate of 8.25 percent (rather than the segment rates

calculated on the basis of the corporate bond yield curve)’’ after

‘‘such plan year’’.

(b) The amendment made by this section shall take effect

as if included in the provisions of the Pension Protection Act of

2006 to which such amendment relates.

CHAPTER 7

LEGISLATIVE BRANCH

HOUSE OF REPRESENTATIVES

PAYMENT TO WIDOWS AND HEIRS OF DECEASED MEMBERS OF

CONGRESS

For payment to Gloria W. Norwood, widow of Charles W. Nor- wood, Jr., late a Representative from the State of Georgia, $165,200.

Effective date.

26 USC 430 note.

Effective date.

26 USC 430 note.

26 USC 430 note.

Applicability.

26 USC 420 note.

Effective date.

26 USC 420 note.

26 USC 420.

Effective date.

26 USC 414 note.

26 USC 414.

121 STAT. 182 PUBLIC LAW 110–28—MAY 25, 2007

For payment to James McDonald, Jr., widower of Juanita

Millender-McDonald, late a Representative from the State of California, $165,200.

GENERAL PROVISION—THIS CHAPTER

SEC. 6701. (a) There is established in the Office of the Architect

of the Capitol the position of Chief Executive Officer for Visitor

Services (in this section referred to as the ‘‘Chief Executive Officer’’),

who shall be appointed by the Architect of the Capitol.

(b) The Chief Executive Officer shall be responsible for the

operation and management of the Capitol Visitor Center, subject

to the direction of the Architect of the Capitol. In carrying out

these responsibilities, the Chief Executive Officer shall report

directly to the Architect of the Capitol and shall be subject to

policy review and oversight by the Committee on Rules and

Administration of the Senate and the Committee on House Administration of the House of Representatives.

(c) The Chief Executive Officer shall be paid at an annual

rate equal to the annual rate of pay for the Chief Operating Officer

of the Office of the Architect of the Capitol.

(d) This section shall apply with respect to fiscal year 2007

and each succeeding fiscal year.

CHAPTER 8

GENERAL PROVISIONS—THIS CHAPTER

TECHNICAL AMENDMENT

SEC. 6801. (a) Notwithstanding any other provision of law,

subsection (c) under the heading ‘‘Assistance for the Independent

States of the Former Soviet Union’’ in Public Law 109–102, shall

not apply to funds appropriated by the Continuing Appropriations

Resolution, 2007 (Public Law 109–289, division B) as amended

by Public Laws 109–369, 109–383, and 110–5.

(b) Section 534(k) of the Foreign Operations, Export Financing,

and Related Programs Appropriations Act, 2006 (Public Law 109–

102) is amended, in the second proviso, by inserting after ‘‘subsection (b) of that section’’ the following: ‘‘and the requirement

that a majority of the members of the board of directors be United

States citizens provided in subsection (d)(3)(B) of that section’’.

(c) Subject to section 101(c)(2) of the Continuing Appropriations

Resolution, 2007 (division B of Public Law 109–289, as amended

by Public Law 110–5), the amount of funds appropriated for ‘‘Foreign Military Financing Program’’ pursuant to such Resolution shall

be construed to be the total of the amount appropriated for such

program by section 20401 of that Resolution and the amount made

available for such program by section 591 of the Foreign Operations,

Export Financing, and Related Programs Appropriations Act, 2006

(Public Law 109–102) which is made applicable to the fiscal year

2007 by the provisions of such Resolution.

SEC. 6802. Notwithstanding any provision of title I of division

B of the Continuing Appropriations Resolution, 2007 (division B

of Public Law 109–289, as amended by Public Laws 109–369, 109–

383, and 110–5), the dollar amount limitation of the first proviso

under the heading, ‘‘Administration of Foreign Affairs, Diplomatic

and Consular Programs’’, in title IV of the Science, State, Justice,

119 Stat. 2208.

Applicability.

Establishment.

2 USC 1806.

PUBLIC LAW 110–28—MAY 25, 2007 121 STAT. 183

Commerce, and Related Agencies Appropriations Act, 2006 (Public

Law 109–108; 119 Stat. 2319) shall not apply to funds appropriated

under such heading for fiscal year 2007.

CHAPTER 9

DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

OFFICE OF FEDERAL HOUSING ENTERPRISE OVERSIGHT

SALARIES AND EXPENSES

(INCLUDING TRANSFER OF FUNDS)

For an additional amount to carry out the Federal Housing

Enterprises Financial Safety and Soundness Act of 1992,

$6,150,000, to remain available until expended, to be derived from

the Federal Housing Enterprises Oversight Fund and to be subject

to the same terms and conditions pertaining to funds provided

under this heading in Public Law 109–115: Provided, That not

to exceed the total amount provided for these activities for fiscal

year 2007 shall be available from the general fund of the Treasury

to the extent necessary to incur obligations and make expenditures

pending the receipt of collections to the Fund: Provided further,

That the general fund amount shall be reduced as collections are

received during the fiscal year so as to result in a final appropriation

from the general fund estimated at not more than $0.

GENERAL PROVISIONS—THIS CHAPTER

SEC. 6901. (a) Hereafter, funds limited or appropriated for

the Department of Transportation may be obligated or expended

to grant authority to a Mexico-domiciled motor carrier to operate

beyond United States municipalities and commercial zones on the

United States-Mexico border only to the extent that—

(1) granting such authority is first tested as part of a

pilot program;

(2) such pilot program complies with the requirements

of section 350 of Public Law 107–87 and the requirements

of section 31315(c) of title 49, United States Code, related

to pilot programs; and

(3) simultaneous and comparable authority to operate

within Mexico is made available to motor carriers domiciled

in the United States.

(b) Prior to the initiation of the pilot program described in

subsection (a) in any fiscal year—

(1) the Inspector General of the Department of Transportation shall transmit to Congress and the Secretary of Transportation a report verifying compliance with each of the requirements of subsection (a) of section 350 of Public Law 107–

87, including whether the Secretary of Transportation has

established sufficient mechanisms to apply Federal motor carrier safety laws and regulations to motor carriers domiciled

in Mexico that are granted authority to operate beyond the

United States municipalities and commercial zones on the

United States-Mexico border and to ensure compliance with

such laws and regulations; and

(2) the Secretary of Transportation shall—

Reports.

Mexico.

Motor carrier.

49 USC 13902

note.

121 STAT. 184 PUBLIC LAW 110–28—MAY 25, 2007

(A) take such action as may be necessary to address

any issues raised in the report of the Inspector General

under subsection (b)(1) and submit a report to Congress

detailing such actions; and

(B) publish in the Federal Register, and provide sufficient opportunity for public notice and comment—

(i) comprehensive data and information on the preauthorization safety audits conducted before and after

the date of enactment of this Act of motor carriers

domiciled in Mexico that are granted authority to

operate beyond the United States municipalities and

commercial zones on the United States-Mexico border;

(ii) specific measures to be required to protect the

health and safety of the public, including enforcement

measures and penalties for noncompliance;

(iii) specific measures to be required to ensure

compliance with section 391.11(b)(2) and section

365.501(b) of title 49, Code of Federal Regulations;

(iv) specific standards to be used to evaluate the

pilot program and compare any change in the level

of motor carrier safety as a result of the pilot program;

and

(v) a list of Federal motor carrier safety laws and

regulations, including the commercial drivers license

requirements, for which the Secretary of Transportation will accept compliance with a corresponding

Mexican law or regulation as the equivalent to compliance with the United States law or regulation,

including for each law or regulation an analysis as

to how the corresponding United States and Mexican

laws and regulations differ.

(c) During and following the pilot program described in subsection (a), the Inspector General of the Department of Transportation shall monitor and review the conduct of the pilot program

and submit to Congress and the Secretary of Transportation an

interim report, 6 months after the commencement of the pilot

program, and a final report, within 60 days after the conclusion

of the pilot program. Such reports shall address whether—

(1) the Secretary of Transportation has established sufficient mechanisms to determine whether the pilot program is

having any adverse effects on motor carrier safety;

(2) Federal and State monitoring and enforcement activities

are sufficient to ensure that participants in the pilot program

are in compliance with all applicable laws and regulations;

and

(3) the pilot program consists of a representative and adequate sample of Mexico-domiciled carriers likely to engage in

cross-border operations beyond United States municipalities

and commercial zones on the United States-Mexico border.

(d) In the event that the Secretary of Transportation in any

fiscal year seeks to grant operating authority for the purpose of

initiating cross-border operations beyond United States municipalities and commercial zones on the United States-Mexico border

either with Mexico-domiciled motor coaches or Mexico-domiciled

commercial motor vehicles carrying placardable quantities of hazardous materials, such activities shall be initiated only after the

conclusion of a separate pilot program limited to vehicles of the

Reports.

Deadlines.

Federal Register,

publication.

Reports.

PUBLIC LAW 110–28—MAY 25, 2007 121 STAT. 185

pertinent type. Each such separate pilot program shall follow the

same requirements and processes stipulated under subsections (a)

through (c) of this section and shall be planned, conducted and

evaluated in concert with the Department of Homeland Security

or its Inspector General, as appropriate, so as to address any

and all security concerns associated with such cross-border operations.

SEC. 6902. Funds provided for the ‘‘National Transportation

Safety Board, Salaries and Expenses’’ in section 21031 of the Continuing Appropriations Resolution, 2007 (division B of Public Law

109–289, as amended by Public Law 110–5) include amounts necessary to make lease payments due in fiscal year 2007 only, on

an obligation incurred in 2001 under a capital lease.

SEC. 6903. Section 21033 of the Continuing Appropriations

Resolution, 2007 (division B of Public Law 109–289, as amended

by Public Law 110–5) is amended by adding after the second proviso:

‘‘: Provided further, That paragraph (2) under such heading in

Public Law 109–115 (119 Stat. 2441) shall be funded at

$149,300,000, but additional section 8 tenant protection rental

assistance costs may be funded in 2007 by using unobligated balances, notwithstanding the purposes for which such amounts were

appropriated, including recaptures and carryover, remaining from

funds appropriated to the Department of Housing and Urban

Development under this heading, the heading ‘Annual Contributions

for Assisted Housing’, the heading ‘Housing Certificate Fund’, and

the heading ‘Project-Based Rental Assistance’ for fiscal year 2006

and prior fiscal years: Provided further, That paragraph (3) under

such heading in Public Law 109–115 (119 Stat. 2441) shall be

funded at $47,500,000: Provided further, That paragraph (4) under

such heading in Public Law 109–115 (119 Stat. 2441) shall be

funded at $5,900,000: Provided further, That paragraph (5) under

such heading in Public Law 109–115 (119 Stat. 2441) shall be

funded at $1,281,100,000, of which $1,251,100,000 shall be allocated

for the calendar year 2007 funding cycle on a pro rata basis to

public housing agencies based on the amount public housing agencies were eligible to receive in calendar year 2006, and of which

up to $30,000,000 shall be available to the Secretary to allocate

to public housing agencies that need additional funds to administer

their section 8 programs, with up to $20,000,000 to be for fees

associated with section 8 tenant protection rental assistance’’.

SEC. 6904. Section 232(b) of the Departments of Veterans

Affairs and Housing and Urban Development, and Independent

Agencies Appropriations Act, 2001 (Public Law 106–377) is amended

to read as follows:

‘‘(b) APPLICABILITY.—In the case of any dwelling unit that,

upon the date of the enactment of this Act, is assisted under

a housing assistance payment contract under section 8(o)(13) as

in effect before such enactment, or under section 8(d)(2) of the

United States Housing Act of 1937 (42 U.S.C. 1437f(d)(2)) as in

effect before the enactment of the Quality Housing and Work

Responsibility Act of 1998 (title V of Public Law 105–276), assistance may be renewed or extended under such section 8(o)(13),

as amended by subsection (a), provided that the initial contract

term and rent of such renewed or extended assistance shall be

determined pursuant to subparagraphs (F) and (H), and subparagraphs (C) and (D) of such section shall not apply to such extensions

or renewals.’’.

42 USC 1437f

note.

Ante, p. 51.

121 STAT. 186 PUBLIC LAW 110–28—MAY 25, 2007

TITLE VII—ELIMINATION OF SCHIP

SHORTFALL AND OTHER HEALTH

MATTERS

DEPARTMENT OF HEALTH AND HUMAN SERVICES

CENTERS FOR MEDICARE AND MEDICAID SERVICES STATE

CHILDREN’S HEALTH INSURANCE FUND

For an additional amount to provide additional allotments to

remaining shortfall States under section 2104(h)(4) of the Social

Security Act, as inserted by section 6001, such sums as may be

necessary, but not to exceed $650,000,000 for fiscal year 2007,

to remain available until expended.

GENERAL PROVISIONS—THIS TITLE

SEC. 7001. (a) ELIMINATION OF REMAINDER OF SCHIP FUNDING

SHORTFALLS, TIERED MATCH, AND OTHER LIMITATION ON EXPENDITURES.—Section 2104(h) of the Social Security Act (42 U.S.C.

1397dd(h)), as added by section 201(a) of the National Institutes

of Health Reform Act of 2006 (Public Law 109–482), is amended—

(1) in the heading for paragraph (2), by striking

‘‘REMAINDER OF REDUCTION’’ and inserting ‘‘PART’’; and

(2) by striking paragraph (4) and inserting the following:

‘‘(4) ADDITIONAL AMOUNTS TO ELIMINATE REMAINDER OF

FISCAL YEAR 2007 FUNDING SHORTFALLS.—

‘‘(A) IN GENERAL.—From the amounts provided in

advance in appropriations Acts, the Secretary shall allot

to each remaining shortfall State described in subparagraph (B) such amount as the Secretary determines will

eliminate the estimated shortfall described in such

subparagraph for the State for fiscal year 2007.

‘‘(B) REMAINING SHORTFALL STATE DESCRIBED.—For

purposes of subparagraph (A), a remaining shortfall State

is a State with a State child health plan approved under

this title for which the Secretary estimates, on the basis

of the most recent data available to the Secretary as of

the date of the enactment of this paragraph, that the

projected Federal expenditures under such plan for the

State for fiscal year 2007 will exceed the sum of—

‘‘(i) the amount of the State’s allotments for each

of fiscal years 2005 and 2006 that will not be expended

by the end of fiscal year 2006;

‘‘(ii) the amount of the State’s allotment for fiscal

year 2007; and

‘‘(iii) the amounts, if any, that are to be redistributed to the State during fiscal year 2007 in accordance

with paragraphs (1) and (2).’’.

(b) CONFORMING AMENDMENTS.—Section 2104(h) of such Act

(42 U.S.C. 1397dd(h)) (as so added), is amended—

(1) in paragraph (1)(B), by striking ‘‘subject to paragraph

(4)(B) and’’;

(2) in paragraph (2)(B), by striking ‘‘subject to paragraph

(4)(B) and’’;

PUBLIC LAW 110–28—MAY 25, 2007 121 STAT. 187

(3) in paragraph (5)(A), by striking ‘‘and (3)’’ and inserting

‘‘(3), and (4)’’; and

(4) in paragraph (6)—

(A) in the first sentence—

(i) by inserting ‘‘or allotted’’ after ‘‘redistributed’’;

and

(ii) by inserting ‘‘or allotments’’ after ‘‘redistributions’’; and

(B) by striking ‘‘and (3)’’ and inserting ‘‘(3), and (4)’’.

SEC. 7002. (a) PROHIBITION.—

(1) LIMITATION ON SECRETARIAL AUTHORITY.—Notwithstanding any other provision of law, the Secretary of Health

and Human Services shall not, prior to the date that is 1

year after the date of enactment of this Act, take any action

(through promulgation of regulation, issuance of regulatory

guidance, or other administrative action) to—

(A) finalize or otherwise implement provisions contained in the proposed rule published on January 18, 2007,

on pages 2236 through 2248 of volume 72, Federal Register

(relating to parts 433, 447, and 457 of title 42, Code of

Federal Regulations);

(B) promulgate or implement any rule or provisions

similar to the provisions described in subparagraph (A)

pertaining to the Medicaid program established under title

XIX of the Social Security Act or the State Children’s

Health Insurance Program established under title XXI of

such Act; or

(C) promulgate or implement any rule or provisions

restricting payments for graduate medical education under

the Medicaid program.

(2) CONTINUATION OF OTHER SECRETARIAL AUTHORITY.—

The Secretary of Health and Human Service shall not be prohibited during the period described in paragraph (1) from taking

any action (through promulgation of regulation, issuance of

regulatory guidance, or other administrative action) to enforce

a provision of law in effect as of the date of enactment of

this Act with respect to the Medicaid program or the State

Children’s Health Insurance Program, or to promulgate or

implement a new rule or provision during such period with

respect to such programs, other than a rule or provision

described in paragraph (1) and subject to the prohibition set

forth in that paragraph.

(b) REQUIREMENT FOR USE OF TAMPER-RESISTANT PRESCRIPTION

PADS UNDER THE MEDICAID PROGRAM.—

(1) IN GENERAL.—Section 1903(i) of the Social Security

Act (42 U.S.C. 1396b(i)) is amended—

(A) by striking ‘‘or’’ at the end of paragraph (21);

(B) by striking the period at the end of paragraph

(22) and inserting ‘‘; or’’; and

(C) by inserting after paragraph (22) the following

new paragraph:

‘‘(23) with respect to amounts expended for medical assistance for covered outpatient drugs (as defined in section

1927(k)(2)) for which the prescription was executed in written

(and non-electronic) form unless the prescription was executed

on a tamper-resistant pad.’’.

121 STAT. 188 PUBLIC LAW 110–28—MAY 25, 2007

(2) EFFECTIVE DATE.—The amendments made by paragraph

(1) shall apply to prescriptions executed after September 30,

2007.

(c) EXTENSION OF CERTAIN PHARMACY PLUS WAIVERS.— (1) AUTHORITY TO CONTINUE TO OPERATE WAIVERS.—Notwithstanding any other provision of law, any State that is

operating a Pharmacy Plus waiver described in paragraph (2)

which would otherwise expire on June 30, 2007, may elect

to continue to operate the waiver through December 31, 2009,

and if a State elects to continue to operate such a waiver,

the Secretary of Health and Human Services shall approve

the continuation of the waiver through December 31, 2009.

(2) PHARMACY PLUS WAIVER DESCRIBED.—For purposes of

paragraph (1), a Pharmacy Plus waiver described in this paragraph is a waiver approved by the Secretary of Health and

Human Services under the authority of section 1115 of the

Social Security Act (42 U.S.C. 1315) that provides coverage

for prescription drugs for individuals who have attained age

65 and whose family income does not exceed 200 percent of

the poverty line (as defined in section 2110(c)(5) of such Act

(42 U.S.C. 1397jj(c)(5))).

TITLE VIII—FAIR MINIMUM WAGE AND

TAX RELIEF

Subtitle A—Fair Minimum Wage

SEC. 8101. SHORT TITLE.

This subtitle may be cited as the ‘‘Fair Minimum Wage Act

of 2007’’.

SEC. 8102. MINIMUM WAGE.

(a) IN GENERAL.—Section 6(a)(1) of the Fair Labor Standards

Act of 1938 (29 U.S.C. 206(a)(1)) is amended to read as follows:

‘‘(1) except as otherwise provided in this section, not less

than—

‘‘(A) $5.85 an hour, beginning on the 60th day after

the date of enactment of the Fair Minimum Wage Act

of 2007;

‘‘(B) $6.55 an hour, beginning 12 months after that

60th day; and

‘‘(C) $7.25 an hour, beginning 24 months after that

60th day;’’.

(b) EFFECTIVE DATE.—The amendment made by subsection (a)

shall take effect 60 days after the date of enactment of this Act.

SEC. 8103. APPLICABILITY OF MINIMUM WAGE TO AMERICAN SAMOA

AND THE COMMONWEALTH OF THE NORTHERN MARIANA

ISLANDS.

(a) IN GENERAL.—Section 6 of the Fair Labor Standards Act

of 1938 (29 U.S.C. 206) shall apply to American Samoa and the

Commonwealth of the Northern Mariana Islands.

(b) TRANSITION.—Notwithstanding subsection (a)—

(1) the minimum wage applicable to the Commonwealth

of the Northern Mariana Islands under section 6(a)(1) of the

29 USC 206 note.

29 USC 206 note.

Fair Minimum

Wage Act of

2007.

29 USC 201 note.

42 USC 1396b

note.

PUBLIC LAW 110–28—MAY 25, 2007 121 STAT. 189

Fair Labor Standards Act of 1938 (29 U.S.C. 206(a)(1)) shall

be—

(A) $3.55 an hour, beginning on the 60th day after

the date of enactment of this Act; and

(B) increased by $0.50 an hour (or such lesser amount

as may be necessary to equal the minimum wage under

section 6(a)(1) of such Act), beginning 1 year after the

date of enactment of this Act and each year thereafter

until the minimum wage applicable to the Commonwealth

of the Northern Mariana Islands under this paragraph

is equal to the minimum wage set forth in such section;

and

(2) the minimum wage applicable to American Samoa under

section 6(a)(1) of the Fair Labor Standards Act of 1938 (29

U.S.C. 206(a)(1)) shall be—

(A) the applicable wage rate in effect for each industry

and classification under section 697 of title 29, Code of

Federal Regulations, on the date of enactment of this Act;

(B) increased by $0.50 an hour, beginning on the 60th

day after the date of enactment of this Act; and

(C) increased by $0.50 an hour (or such lesser amount

as may be necessary to equal the minimum wage under

section 6(a)(1) of such Act), beginning 1 year after the

date of enactment of this Act and each year thereafter

until the minimum wage applicable to American Samoa

under this paragraph is equal to the minimum wage set

forth in such section.

(c) CONFORMING AMENDMENTS.—

(1) IN GENERAL.—The Fair Labor Standards Act of 1938

is amended—

(A) by striking sections 5 and 8; and

(B) in section 6(a), by striking paragraph (3) and

redesignating paragraphs (4) and (5) as paragraphs (3)

and (4), respectively.

(2) EFFECTIVE DATE.—The amendments made by this subsection shall take effect 60 days after the date of enactment

of this Act.

SEC. 8104. STUDY ON PROJECTED IMPACT.

(a) STUDY.—Beginning on the date that is 60 days after the

date of enactment of this Act, the Secretary of Labor shall, through

the Bureau of Labor Statistics, conduct a study to—

(1) assess the impact of the wage increases required by

this Act through such date; and

(2) project the impact of any further wage increase,

on living standards and rates of employment in American Samoa

and the Commonwealth of the Northern Mariana Islands.

(b) REPORT.—Not later than the date that is 8 months after

the date of enactment of this Act, the Secretary of Labor shall

transmit to Congress a report on the findings of the study required

by subsection (a).

Effective date.

29 USC 206 note.

29 USC 206.

29 USC 205, 208.

121 STAT. 190 PUBLIC LAW 110–28—MAY 25, 2007

Subtitle B—Small Business Tax Incentives

SEC. 8201. SHORT TITLE; AMENDMENT OF CODE; TABLE OF CONTENTS.

(a) SHORT TITLE.—This subtitle may be cited as the ‘‘Small

Business and Work Opportunity Tax Act of 2007’’.

(b) AMENDMENT OF 1986 CODE.—Except as otherwise expressly

provided, whenever in this subtitle an amendment or repeal is

expressed in terms of an amendment to, or repeal of, a section

or other provision, the reference shall be considered to be made

to a section or other provision of the Internal Revenue Code of

1986.

(c) TABLE OF CONTENTS.—The table of contents of this subtitle

is as follows:

Sec. 8201. Short title; amendment of Code; table of contents.

PART 1—SMALL BUSINESS TAX RELIEF PROVISIONS

SUBPART A—GENERAL PROVISIONS

Sec. 8211. Extension and modification of work opportunity tax credit.

Sec. 8212. Extension and increase of expensing for small business.

Sec. 8213. Determination of credit for certain taxes paid with respect to employee

cash tips.

Sec. 8214. Waiver of individual and corporate alternative minimum tax limits on

work opportunity credit and credit for taxes paid with respect to employee cash tips.

Sec. 8215. Family business tax simplification.

SUBPART B—GULF OPPORTUNITY ZONE TAX INCENTIVES

Sec. 8221. Extension of increased expensing for qualified section 179 Gulf Opportunity Zone property.

Sec. 8222. Extension and expansion of low-income housing credit rules for buildings

in the GO Zones.

Sec. 8223. Special tax-exempt bond financing rule for repairs and reconstructions

of residences in the GO Zones.

Sec. 8224. GAO study of practices employed by State and local governments in allocating and utilizing tax incentives provided pursuant to the Gulf Opportunity Zone Act of 2005.

SUBPART C—SUBCHAPTER S PROVISIONS

Sec. 8231. Capital gain of S corporation not treated as passive investment income.

Sec. 8232. Treatment of bank director shares.

Sec. 8233. Special rule for bank required to change from the reserve method of accounting on becoming S corporation.

Sec. 8234. Treatment of the sale of interest in a qualified subchapter S subsidiary.

Sec. 8235. Elimination of all earnings and profits attributable to pre-1983 years for

certain corporations.

Sec. 8236. Deductibility of interest expense on indebtedness incurred by an electing

small business trust to acquire S corporation stock.

PART 2—REVENUE PROVISIONS

Sec. 8241. Increase in age of children whose unearned income is taxed as if parent’s income.

Sec. 8242. Suspension of certain penalties and interest.

Sec. 8243. Modification of collection due process procedures for employment tax liabilities.

Sec. 8244. Permanent extension of IRS user fees.

Sec. 8245. Increase in penalty for bad checks and money orders.

Sec. 8246. Understatement of taxpayer liability by return preparers.

Sec. 8247. Penalty for filing erroneous refund claims.

Sec. 8248. Time for payment of corporate estimated taxes.

26 USC 1 et seq.

26 USC 1 note.

Small Business

and Work

Opportunity

Tax Act of 2007.

PUBLIC LAW 110–28—MAY 25, 2007 121 STAT. 191

PART 1—SMALL BUSINESS TAX RELIEF

PROVISIONS

Subpart A—General Provisions

SEC. 8211. EXTENSION AND MODIFICATION OF WORK OPPORTUNITY

TAX CREDIT.

(a) EXTENSION.—Section 51(c)(4)(B) (relating to termination)

is amended by striking ‘‘December 31, 2007’’ and inserting ‘‘August

31, 2011’’.

(b) INCREASE IN MAXIMUM AGE FOR DESIGNATED COMMUNITY

RESIDENTS.—

(1) IN GENERAL.—Paragraph (5) of section 51(d) is amended

to read as follows:

‘‘(5) DESIGNATED COMMUNITY RESIDENTS.—

‘‘(A) IN GENERAL.—The term ‘designated community

resident’ means any individual who is certified by the designated local agency—

‘‘(i) as having attained age 18 but not age 40

on the hiring date, and

‘‘(ii) as having his principal place of abode within

an empowerment zone, enterprise community, renewal

community, or rural renewal county.

‘‘(B) INDIVIDUAL MUST CONTINUE TO RESIDE IN ZONE,

COMMUNITY, OR COUNTY.—In the case of a designated

community resident, the term ‘qualified wages’ shall not

include wages paid or incurred for services performed while

the individual’s principal place of abode is outside an

empowerment zone, enterprise community, renewal

community, or rural renewal county.

‘‘(C) RURAL RENEWAL COUNTY.—For purposes of this

paragraph, the term ‘rural renewal county’ means any

county which—

‘‘(i) is outside a metropolitan statistical area

(defined as such by the Office of Management and

Budget), and

‘‘(ii) during the 5-year periods 1990 through 1994

and 1995 through 1999 had a net population loss.’’.

(2) CONFORMING AMENDMENT.—Subparagraph (D) of section 51(d)(1) is amended to read as follows:

‘‘(D) a designated community resident,’’.

(c) CLARIFICATION OF TREATMENT OF INDIVIDUALS UNDER INDIVIDUAL WORK PLANS.—Subparagraph (B) of section 51(d)(6)

(relating to vocational rehabilitation referral) is amended by striking

‘‘or’’ at the end of clause (i), by striking the period at the end

of clause (ii) and inserting ‘‘, or’’, and by adding at the end the

following new clause:

‘‘(iii) an individual work plan developed and implemented by an employment network pursuant to subsection (g) of section 1148 of the Social Security Act

with respect to which the requirements of such subsection are met.’’.

(d) TREATMENT OF DISABLED VETERANS UNDER THE WORK

OPPORTUNITY TAX CREDIT.—

(1) DISABLED VETERANS TREATED AS MEMBERS OF TARGETED

GROUP.—

26 USC 51.

121 STAT. 192 PUBLIC LAW 110–28—MAY 25, 2007

(A) IN GENERAL.—Subparagraph (A) of section 51(d)(3)

(relating to qualified veteran) is amended by striking

‘‘agency as being a member of a family’’ and all that follows

and inserting ‘‘agency as—

‘‘(i) being a member of a family receiving assistance

under a food stamp program under the Food Stamp

Act of 1977 for at least a 3-month period ending during

the 12-month period ending on the hiring date, or

‘‘(ii) entitled to compensation for a service-connected disability, and—

‘‘(I) having a hiring date which is not more

that 1 year after having been discharged or

released from active duty in the Armed Forces

of the United States, or

‘‘(II) having aggregate periods of unemployment during the 1-year period ending on the hiring

date which equal or exceed 6 months.’’.

(B) DEFINITIONS.—Paragraph (3) of section 51(d) is

amended by adding at the end the following new subparagraph:

‘‘(C) OTHER DEFINITIONS.—For purposes of subparagraph (A), the terms ‘compensation’ and ‘service-connected’

have the meanings given such terms under section 101

of title 38, United States Code.’’.

(2) INCREASE IN AMOUNT OF WAGES TAKEN INTO ACCOUNT

FOR DISABLED VETERANS.—Paragraph (3) of section 51(b) is

amended—

(A) by inserting ‘‘($12,000 per year in the case of any

individual who is a qualified veteran by reason of subsection (d)(3)(A)(ii))’’ before the period at the end, and

(B) by striking ‘‘ONLY FIRST $6,000 OF’’ in the heading

and inserting ‘‘LIMITATION ON’’.

(e) EFFECTIVE DATE.—The amendments made by this section

shall apply to individuals who begin work for the employer after

the date of the enactment of this Act.

SEC. 8212. EXTENSION AND INCREASE OF EXPENSING FOR SMALL

BUSINESS.

(a) EXTENSION.—Subsections (b)(1), (b)(2), (b)(5), (c)(2), and

(d)(1)(A)(ii) of section 179 (relating to election to expense certain

depreciable business assets) are each amended by striking ‘‘2010’’

and inserting ‘‘2011’’.

(b) INCREASE IN LIMITATIONS.—Subsection (b) of section 179

is amended—

(1) by striking ‘‘$100,000 in the case of taxable years beginning after 2002’’ in paragraph (1) and inserting ‘‘$125,000 in

the case of taxable years beginning after 2006’’, and

(2) by striking ‘‘$400,000 in the case of taxable years beginning after 2002’’ in paragraph (2) and inserting ‘‘$500,000 in

the case of taxable years beginning after 2006’’.

(c) INFLATION ADJUSTMENT.—Subparagraph (A) of section

179(b)(5) is amended—

(1) by striking ‘‘2003’’ and inserting ‘‘2007’’,

(2) by striking ‘‘$100,000 and $400,000’’ and inserting

‘‘$125,000 and $500,000’’, and

(3) by striking ‘‘2002’’ in clause (ii) and inserting ‘‘2006’’.

26 USC 179.

26 USC 51 note.

PUBLIC LAW 110–28—MAY 25, 2007 121 STAT. 193

(d) EFFECTIVE DATE.—The amendments made by this section

shall apply to taxable years beginning after December 31, 2006.

SEC. 8213. DETERMINATION OF CREDIT FOR CERTAIN TAXES PAID

WITH RESPECT TO EMPLOYEE CASH TIPS.

(a) IN GENERAL.—Subparagraph (B) of section 45B(b)(1) is

amended by inserting ‘‘as in effect on January 1, 2007, and’’ before

‘‘determined without regard to’’.

(b) EFFECTIVE DATE.—The amendment made by this section

shall apply to tips received for services performed after December

31, 2006.

SEC. 8214. WAIVER OF INDIVIDUAL AND CORPORATE ALTERNATIVE

MINIMUM TAX LIMITS ON WORK OPPORTUNITY CREDIT

AND CREDIT FOR TAXES PAID WITH RESPECT TO

EMPLOYEE CASH TIPS.

(a) ALLOWANCE AGAINST ALTERNATIVE MINIMUM TAX.— Subparagraph (B) of section 38(c)(4) is amended by striking ‘‘and’’

at the end of clause (i), by inserting a comma at the end of clause

(ii), and by adding at the end the following new clauses:

‘‘(iii) the credit determined under section 45B, and

‘‘(iv) the credit determined under section 51.’’.

(b) EFFECTIVE DATE.—The amendments made by this section

shall apply to credits determined under sections 45B and 51 of

the Internal Revenue Code of 1986 in taxable years beginning

after December 31, 2006, and to carrybacks of such credits.

SEC. 8215. FAMILY BUSINESS TAX SIMPLIFICATION.

(a) IN GENERAL.—Section 761 (defining terms for purposes of

partnerships) is amended by redesignating subsection (f) as subsection (g) and by inserting after subsection (e) the following new

subsection:

‘‘(f) QUALIFIED JOINT VENTURE.—

‘‘(1) IN GENERAL.—In the case of a qualified joint venture

conducted by a husband and wife who file a joint return for

the taxable year, for purposes of this title—

‘‘(A) such joint venture shall not be treated as a partnership,

‘‘(B) all items of income, gain, loss, deduction, and

credit shall be divided between the spouses in accordance

with their respective interests in the venture, and

‘‘(C) each spouse shall take into account such spouse’s

respective share of such items as if they were attributable

to a trade or business conducted by such spouse as a

sole proprietor.

‘‘(2) QUALIFIED JOINT VENTURE.—For purposes of paragraph

(1), the term ‘qualified joint venture’ means any joint venture

involving the conduct of a trade or business if—

‘‘(A) the only members of such joint venture are a

husband and wife,

‘‘(B) both spouses materially participate (within the

meaning of section 469(h) without regard to paragraph

(5) thereof) in such trade or business, and

‘‘(C) both spouses elect the application of this subsection.’’.

(b) NET EARNINGS FROM SELF-EMPLOYMENT.—

(1) Subsection (a) of section 1402 (defining net earnings

from self-employment) is amended by striking ‘‘, and’’ at the

26 USC 38 note.

26 USC 45B note.

26 USC 45B.

26 USC 179 note.

121 STAT. 194 PUBLIC LAW 110–28—MAY 25, 2007

end of paragraph (15) and inserting a semicolon, by striking

the period at the end of paragraph (16) and inserting ‘‘; and’’,

and by inserting after paragraph (16) the following new paragraph:

‘‘(17) notwithstanding the preceding provisions of this subsection, each spouse’s share of income or loss from a qualified

joint venture shall be taken into account as provided in section

761(f) in determining net earnings from self-employment of

such spouse.’’.

(2) Subsection (a) of section 211 of the Social Security

Act (defining net earnings from self-employment) is amended

by striking ‘‘and’’ at the end of paragraph (14), by striking

the period at the end of paragraph (15) and inserting ‘‘; and’’,

and by inserting after paragraph (15) the following new paragraph:

‘‘(16) Notwithstanding the preceding provisions of this subsection, each spouse’s share of income or loss from a qualified

joint venture shall be taken into account as provided in section

761(f) of the Internal Revenue Code of 1986 in determining

net earnings from self-employment of such spouse.’’.

(c) EFFECTIVE DATE.—The amendments made by this section

shall apply to taxable years beginning after December 31, 2006.

Subpart B—Gulf Opportunity Zone Tax Incentives

SEC. 8221. EXTENSION OF INCREASED EXPENSING FOR QUALIFIED

SECTION 179 GULF OPPORTUNITY ZONE PROPERTY.

Paragraph (2) of section 1400N(e) (relating to qualified section

179 Gulf Opportunity Zone property) is amended—

(1) by striking ‘‘this subsection, the term’’ and inserting:

‘‘this subsection—

‘‘(A) IN GENERAL.—The term’’, and

(2) by adding at the end the following new subparagraph:

‘‘(B) EXTENSION FOR CERTAIN PROPERTY.—In the case

of property substantially all of the use of which is in

one or more specified portions of the GO Zone (as defined

by subsection (d)(6)), such term shall include section 179

property (as so defined) which is described in subsection

(d)(2), determined—

‘‘(i) without regard to subsection (d)(6), and

‘‘(ii) by substituting ‘2008’ for ‘2007’ in subparagraph (A)(v) thereof.’’.

SEC. 8222. EXTENSION AND EXPANSION OF LOW-INCOME HOUSING

CREDIT RULES FOR BUILDINGS IN THE GO ZONES.

(a) TIME FOR MAKING LOW-INCOME HOUSING CREDIT ALLOCA- TIONS.—Subsection (c) of section 1400N (relating to low-income

housing credit) is amended by redesignating paragraph (5) as paragraph (6) and by inserting after paragraph (4) the following new

paragraph:

‘‘(5) TIME FOR MAKING LOW-INCOME HOUSING CREDIT

ALLOCATIONS.—Section 42(h)(1)(B) shall not apply to an allocation of housing credit dollar amount to a building located in

the Gulf Opportunity Zone, the Rita GO Zone, or the Wilma

GO Zone, if such allocation is made in 2006, 2007, or 2008,

and such building is placed in service before January 1, 2011.’’.

26 USC 1400N.

26 USC 1761

note.

42 USC 411.

PUBLIC LAW 110–28—MAY 25, 2007 121 STAT. 195

(b) EXTENSION OF PERIOD FOR TREATING GO ZONES AS DIFFICULT DEVELOPMENT AREAS.—

(1) IN GENERAL.—Subparagraph (A) of section 1400N(c)(3)

is amended by striking ‘‘2006, 2007, or 2008’’ and inserting

‘‘the period beginning on January 1, 2006, and ending on

December 31, 2010’’.

(2) CONFORMING AMENDMENT.—Clause (ii) of section

1400N(c)(3)(B) is amended by striking ‘‘such period’’ and

inserting ‘‘the period described in subparagraph (A)’’.

(c) COMMUNITY DEVELOPMENT BLOCK GRANTS NOT TAKEN INTO

ACCOUNT IN DETERMINING IF BUILDINGS ARE FEDERALLY SUBSIDIZED.—Subsection (c) of section 1400N (relating to low-income

housing credit), as amended by this Act, is amended by redesignating paragraph (6) as paragraph (7) and by inserting after paragraph (5) the following new paragraph:

‘‘(6) COMMUNITY DEVELOPMENT BLOCK GRANTS NOT TAKEN

INTO ACCOUNT IN DETERMINING IF BUILDINGS ARE FEDERALLY

SUBSIDIZED.—For purpose of applying section 42(i)(2)(D) to any

building which is placed in service in the Gulf Opportunity

Zone, the Rita GO Zone, or the Wilma GO Zone during the

period beginning on January 1, 2006, and ending on December

31, 2010, a loan shall not be treated as a below market Federal

loan solely by reason of any assistance provided under section

106, 107, or 108 of the Housing and Community Development

Act of 1974 by reason of section 122 of such Act or any provision

of the Department of Defense Appropriations Act, 2006, or

the Emergency Supplemental Appropriations Act for Defense,

the Global War on Terror, and Hurricane Recovery, 2006.’’.

SEC. 8223. SPECIAL TAX-EXEMPT BOND FINANCING RULE FOR REPAIRS

AND RECONSTRUCTIONS OF RESIDENCES IN THE GO

ZONES.

Subsection (a) of section 1400N (relating to tax-exempt bond

financing) is amended by adding at the end the following new

paragraph:

‘‘(7) SPECIAL RULE FOR REPAIRS AND RECONSTRUCTIONS.—

‘‘(A) IN GENERAL.—For purposes of section 143 and

this subsection, any qualified GO Zone repair or reconstruction shall be treated as a qualified rehabilitation.

‘‘(B) QUALIFIED GO ZONE REPAIR OR RECONSTRUCTION.—

For purposes of subparagraph (A), the term ‘qualified GO

Zone repair or reconstruction’ means any repair of damage

caused by Hurricane Katrina, Hurricane Rita, or Hurricane

Wilma to a building located in the Gulf Opportunity Zone,

the Rita GO Zone, or the Wilma GO Zone (or reconstruction

of such building in the case of damage constituting destruction) if the expenditures for such repair or reconstruction

are 25 percent or more of the mortgagor’s adjusted basis

in the residence. For purposes of the preceding sentence,

the mortgagor’s adjusted basis shall be determined as of

the completion of the repair or reconstruction or, if later,

the date on which the mortgagor acquires the residence.

‘‘(C) TERMINATION.—This paragraph shall apply only

to owner-financing provided after the date of the enactment

of this paragraph and before January 1, 2011.’’.

Applicability.

121 STAT. 196 PUBLIC LAW 110–28—MAY 25, 2007

SEC. 8224. GAO STUDY OF PRACTICES EMPLOYED BY STATE AND

LOCAL GOVERNMENTS IN ALLOCATING AND UTILIZING

TAX INCENTIVES PROVIDED PURSUANT TO THE GULF

OPPORTUNITY ZONE ACT OF 2005.

(a) IN GENERAL.—The Comptroller General of the United States

shall conduct a study of the practices employed by State and local

governments, and subdivisions thereof, in allocating and utilizing

tax incentives provided pursuant to the Gulf Opportunity Zone

Act of 2005 and this Act.

(b) SUBMISSION OF REPORT.—Not later than one year after

the date of the enactment of this Act, the Comptroller General

shall submit a report on the findings of the study conducted under

subsection (a) and shall include therein recommendations (if any)

relating to such findings. The report shall be submitted to the

Committee on Ways and Means of the House of Representatives

and the Committee on Finance of the Senate.

(c) CONGRESSIONAL HEARINGS.—In the case that the report

submitted under this section includes findings of significant fraud,

waste or abuse, each Committee specified in subsection (b) shall,

within 60 days after the date the report is submitted under subsection (b), hold a public hearing to review such findings.

Subpart C—Subchapter S Provisions

SEC. 8231. CAPITAL GAIN OF S CORPORATION NOT TREATED AS PASSIVE INVESTMENT INCOME.

(a) IN GENERAL.—Section 1362(d)(3) is amended by striking

subparagraphs (B), (C), (D), (E), and (F) and inserting the following

new subparagraphs:

‘‘(B) GROSS RECEIPTS FROM THE SALES OF CERTAIN

ASSETS.—For purposes of this paragraph—

‘‘(i) in the case of dispositions of capital assets

(other than stock and securities), gross receipts from

such dispositions shall be taken into account only to

the extent of the capital gain net income therefrom,

and

‘‘(ii) in the case of sales or exchanges of stock

or securities, gross receipts shall be taken into account

only to the extent of the gains therefrom.

‘‘(C) PASSIVE INVESTMENT INCOME DEFINED.—

‘‘(i) IN GENERAL.—Except as otherwise provided

in this subparagraph, the term ‘passive investment

income’ means gross receipts derived from royalties,

rents, dividends, interest, and annuities.

‘‘(ii) EXCEPTION FOR INTEREST ON NOTES FROM

SALES OF INVENTORY.—The term ‘passive investment

income’ shall not include interest on any obligation

acquired in the ordinary course of the corporation’s

trade or business from its sale of property described

in section 1221(a)(1).

‘‘(iii) TREATMENT OF CERTAIN LENDING OR FINANCE

COMPANIES.—If the S corporation meets the requirements of section 542(c)(6) for the taxable year, the

term ‘passive investment income’ shall not include

gross receipts for the taxable year which are derived

directly from the active and regular conduct of a

26 USC 1362.

Deadline.

PUBLIC LAW 110–28—MAY 25, 2007 121 STAT. 197

lending or finance business (as defined in section

542(d)(1)).

‘‘(iv) TREATMENT OF CERTAIN DIVIDENDS.—If an S

corporation holds stock in a C corporation meeting

the requirements of section 1504(a)(2), the term ‘passive investment income’ shall not include dividends

from such C corporation to the extent such dividends

are attributable to the earnings and profits of such

C corporation derived from the active conduct of a

trade or business.

‘‘(v) EXCEPTION FOR BANKS, ETC.—In the case of

a bank (as defined in section 581) or a depository

institution holding company (as defined in section

3(w)(1) of the Federal Deposit Insurance Act (12 U.S.C.

1813(w)(1)), the term ‘passive investment income’ shall

not include—

‘‘(I) interest income earned by such bank or

company, or

‘‘(II) dividends on assets required to be held

by such bank or company, including stock in the

Federal Reserve Bank, the Federal Home Loan

Bank, or the Federal Agricultural Mortgage Bank

or participation certificates issued by a Federal

Intermediate Credit Bank.’’.

(b) EFFECTIVE DATE.—The amendments made by this section

shall apply to taxable years beginning after the date of the enactment of this Act.

SEC. 8232. TREATMENT OF BANK DIRECTOR SHARES.

(a) IN GENERAL.—Section 1361 (defining S corporation) is

amended by adding at the end the following new subsection:

‘‘(f) RESTRICTED BANK DIRECTOR STOCK.— ‘‘(1) IN GENERAL.—Restricted bank director stock shall not

be taken into account as outstanding stock of the S corporation

in applying this subchapter (other than section 1368(f)).

‘‘(2) RESTRICTED BANK DIRECTOR STOCK.—For purposes of

this subsection, the term ‘restricted bank director stock’ means

stock in a bank (as defined in section 581) or a depository

institution holding company (as defined in section 3(w)(1) of

the Federal Deposit Insurance Act (12 U.S.C. 1813(w)(1)), if

such stock—

‘‘(A) is required to be held by an individual under

applicable Federal or State law in order to permit such

individual to serve as a director, and

‘‘(B) is subject to an agreement with such bank or

company (or a corporation which controls (within the

meaning of section 368(c)) such bank or company) pursuant

to which the holder is required to sell back such stock

(at the same price as the individual acquired such stock)

upon ceasing to hold the office of director.

‘‘(3) CROSS REFERENCE.—

‘‘For treatment of certain distributions with respect to restricted bank director stock,

see section 1368(f).’’.

(b) DISTRIBUTIONS.—Section 1368 (relating to distributions) is

amended by adding at the end the following new subsection:

‘‘(f) RESTRICTED BANK DIRECTOR STOCK.—If a director receives

a distribution (not in part or full payment in exchange for stock)

26 USC 1361.

26 USC 1362

note.

121 STAT. 198 PUBLIC LAW 110–28—MAY 25, 2007

from an S corporation with respect to any restricted bank director

stock (as defined in section 1361(f)), the amount of such distribution—

‘‘(1) shall be includible in gross income of the director,

and

‘‘(2) shall be deductible by the corporation for the taxable

year of such corporation in which or with which ends the

taxable year in which such amount in included in the gross

income of the director.’’.

(c) EFFECTIVE DATES.—

(1) IN GENERAL.—The amendments made by this section

shall apply to taxable years beginning after December 31, 2006.

(2) SPECIAL RULE FOR TREATMENT AS SECOND CLASS OF

STOCK.—In the case of any taxable year beginning after

December 31, 1996, restricted bank director stock (as defined

in section 1361(f) of the Internal Revenue Code of 1986, as

added by this section) shall not be taken into account in determining whether an S corporation has more than 1 class of

stock.

SEC. 8233. SPECIAL RULE FOR BANK REQUIRED TO CHANGE FROM

THE RESERVE METHOD OF ACCOUNTING ON BECOMING

S CORPORATION.

(a) IN GENERAL.—Section 1361, as amended by this Act, is

amended by adding at the end the following new subsection:

‘‘(g) SPECIAL RULE FOR BANK REQUIRED TO CHANGE FROM

THE RESERVE METHOD OF ACCOUNTING ON BECOMING S CORPORATION.—In the case of a bank which changes from the reserve method

of accounting for bad debts described in section 585 or 593 for

its first taxable year for which an election under section 1362(a)

is in effect, the bank may elect to take into account any adjustments

under section 481 by reason of such change for the taxable year

immediately preceding such first taxable year.’’.

(b) EFFECTIVE DATE.—The amendments made by this section

shall apply to taxable years beginning after December 31, 2006.

SEC. 8234. TREATMENT OF THE SALE OF INTEREST IN A QUALIFIED

SUBCHAPTER S SUBSIDIARY.

(a) IN GENERAL.—Subparagraph (C) of section 1361(b)(3)

(relating to treatment of terminations of qualified subchapter S

subsidiary status) is amended—

(1) by striking ‘‘For purposes of this title,’’ and inserting

the following:

‘‘(i) IN GENERAL.—For purposes of this title,’’, and

(2) by inserting at the end the following new clause:

‘‘(ii) TERMINATION BY REASON OF SALE OF STOCK.—

If the failure to meet the requirements of subparagraph

(B) is by reason of the sale of stock of a corporation

which is a qualified subchapter S subsidiary, the sale

of such stock shall be treated as if—

‘‘(I) the sale were a sale of an undivided

interest in the assets of such corporation (based

on the percentage of the corporation’s stock sold),

and

‘‘(II) the sale were followed by an acquisition

by such corporation of all of its assets (and the

26 USC 1361

note.

26 USC 1361

note.

PUBLIC LAW 110–28—MAY 25, 2007 121 STAT. 199

assumption by such corporation of all of its liabilities) in a transaction to which section 351

applies.’’.

(b) EFFECTIVE DATE.—The amendments made by this section

shall apply to taxable years beginning after December 31, 2006.

SEC. 8235. ELIMINATION OF ALL EARNINGS AND PROFITS ATTRIBUTABLE TO PRE-1983 YEARS FOR CERTAIN CORPORATIONS.

In the case of a corporation which is—

(1) described in section 1311(a)(1) of the Small Business

Job Protection Act of 1996, and

(2) not described in section 1311(a)(2) of such Act,

the amount of such corporation’s accumulated earnings and profits

(for the first taxable year beginning after the date of the enactment

of this Act) shall be reduced by an amount equal to the portion

(if any) of such accumulated earnings and profits which were

accumulated in any taxable year beginning before January 1, 1983,

for which such corporation was an electing small business corporation under subchapter S of the Internal Revenue Code of 1986.

SEC. 8236. DEDUCTIBILITY OF INTEREST EXPENSE ON INDEBTEDNESS

INCURRED BY AN ELECTING SMALL BUSINESS TRUST TO

ACQUIRE S CORPORATION STOCK.

(a) IN GENERAL.—Subparagraph (C) of section 641(c)(2)

(relating to modifications) is amended by inserting after clause

(iii) the following new clause:

‘‘(iv) Any interest expense paid or accrued on

indebtedness incurred to acquire stock in an S corporation.’’.

(b) EFFECTIVE DATE.—The amendment made by this section

shall apply to taxable years beginning after December 31, 2006.

PART 2—REVENUE PROVISIONS

SEC. 8241. INCREASE IN AGE OF CHILDREN WHOSE UNEARNED INCOME

IS TAXED AS IF PARENT’S INCOME.

(a) IN GENERAL.—Subparagraph (A) of section 1(g)(2) (relating

to child to whom subsection applies) is amended to read as follows:

‘‘(A) such child—

‘‘(i) has not attained age 18 before the close of

the taxable year, or

‘‘(ii)(I) has attained age 18 before the close of the

taxable year and meets the age requirements of section

152(c)(3) (determined without regard to subparagraph

(B) thereof), and

‘‘(II) whose earned income (as defined in section

911(d)(2)) for such taxable year does not exceed onehalf of the amount of the individual’s support (within

the meaning of section 152(c)(1)(D) after the application of section 152(f)(5) (without regard to subparagraph (A) thereof)) for such taxable year,’’.

(b) CONFORMING AMENDMENT.—Subsection (g) of section 1 is

amended by striking ‘‘MINOR’’ in the heading thereof.

(c) EFFECTIVE DATE.—The amendment made by this section

shall apply to taxable years beginning after the date of the enactment of this Act.

26 USC 1 note.

26 USC 641 note.

26 USC 641.

26 USC 1361

note.

26 USC 1361

note.

121 STAT. 200 PUBLIC LAW 110–28—MAY 25, 2007

SEC. 8242. SUSPENSION OF CERTAIN PENALTIES AND INTEREST.

(a) IN GENERAL.—Paragraphs (1)(A) and (3)(A) of section

6404(g) are each amended by striking ‘‘18-month period’’ and

inserting ‘‘36-month period’’.

(b) EFFECTIVE DATE.—The amendments made by this section

shall apply to notices provided by the Secretary of the Treasury,

or his delegate, after the date which is 6 months after the date

of the enactment of this Act.

SEC. 8243. MODIFICATION OF COLLECTION DUE PROCESS PROCEDURES FOR EMPLOYMENT TAX LIABILITIES.

(a) IN GENERAL.—Section 6330(f) (relating to jeopardy and State

refund collection) is amended—

(1) by striking ‘‘; or’’ at the end of paragraph (1) and

inserting a comma,

(2) by adding ‘‘or’’ at the end of paragraph (2), and

(3) by inserting after paragraph (2) the following new paragraph:

‘‘(3) the Secretary has served a disqualified employment

tax levy,’’.

(b) DISQUALIFIED EMPLOYMENT TAX LEVY.—Section 6330 of

such Code (relating to notice and opportunity for hearing before

levy) is amended by adding at the end the following new subsection:

‘‘(h) DISQUALIFIED EMPLOYMENT TAX LEVY.—For purposes of

subsection (f), a disqualified employment tax levy is any levy in

connection with the collection of employment taxes for any taxable

period if the person subject to the levy (or any predecessor thereof)

requested a hearing under this section with respect to unpaid

employment taxes arising in the most recent 2-year period before

the beginning of the taxable period with respect to which the

levy is served. For purposes of the preceding sentence, the term

‘employment taxes’ means any taxes under chapter 21, 22, 23,

or 24.’’.

(c) EFFECTIVE DATE.—The amendments made by this section

shall apply to levies served on or after the date that is 120 days

after the date of the enactment of this Act.

SEC. 8244. PERMANENT EXTENSION OF IRS USER FEES.

Section 7528 (relating to Internal Revenue Service user fees)

is amended by striking subsection (c).

SEC. 8245. INCREASE IN PENALTY FOR BAD CHECKS AND MONEY

ORDERS.

(a) IN GENERAL.—Section 6657 (relating to bad checks) is

amended—

(1) by striking ‘‘$750’’ and inserting ‘‘$1,250’’, and

(2) by striking ‘‘$15’’ and inserting ‘‘$25’’.

(b) EFFECTIVE DATE.—The amendments made by this section

apply to checks or money orders received after the date of the

enactment of this Act.

SEC. 8246. UNDERSTATEMENT OF TAXPAYER LIABILITY BY RETURN

PREPARERS.

(a) APPLICATION OF RETURN PREPARER PENALTIES TO ALL TAX

RETURNS.—

(1) DEFINITION OF TAX RETURN PREPARER.—Paragraph (36)

of section 7701(a) (relating to income tax preparer) is

amended—

26 USC 6657

note.

26 USC 6330

note.

26 USC 6404

note.

26 USC 6404.

PUBLIC LAW 110–28—MAY 25, 2007 121 STAT. 201

(A) by striking ‘‘income’’ each place it appears in the

heading and the text, and

(B) in subparagraph (A), by striking ‘‘subtitle A’’ each

place it appears and inserting ‘‘this title’’.

(2) CONFORMING AMENDMENTS.— (A)(i) Section 6060 is amended by striking ‘‘INCOME

TAX RETURN PREPARERS’’ in the heading and inserting ‘‘TAX RETURN PREPARERS’’.

(ii) Section 6060(a) is amended—

(I) by striking ‘‘an income tax return preparer’’

each place it appears and inserting ‘‘a tax return preparer’’,

(II) by striking ‘‘each income tax return preparer’’

and inserting ‘‘each tax return preparer’’, and

(III) by striking ‘‘another income tax return preparer’’ and inserting ‘‘another tax return preparer’’.

(iii) The item relating to section 6060 in the table

of sections for subpart F of part III of subchapter A of

chapter 61 is amended by striking ‘‘income tax return preparers’’ and inserting ‘‘tax return preparers’’.

(iv) Subpart F of part III of subchapter A of chapter

61 is amended by striking ‘‘Income Tax Return Preparers’’ in the heading and inserting ‘‘Tax Return Preparers’’.

(v) The item relating to subpart F in the table of

subparts for part III of subchapter A of chapter 61 is

amended by striking ‘‘income tax return preparers’’ and

inserting ‘‘tax return preparers’’.

(B) Section 6103(k)(5) is amended—

(i) by striking ‘‘income tax return preparer’’ each

place it appears and inserting ‘‘tax return preparer’’,

and

(ii) by striking ‘‘income tax return preparers’’ each

place it appears and inserting ‘‘tax return preparers’’.

(C)(i) Section 6107 is amended—

(I) by striking ‘‘INCOME TAX RETURN PREPARER’’

in the heading and inserting ‘‘TAX RETURN PREPARER’’,

(II) by striking ‘‘an income tax return preparer’’

each place it appears in subsections (a) and (b) and

inserting ‘‘a tax return preparer’’,

(III) by striking ‘‘INCOME TAX RETURN PREPARER’’

in the heading for subsection (b) and inserting ‘‘TAX

RETURN PREPARER’’, and

(IV) in subsection (c), by striking ‘‘income tax

return preparers’’ and inserting ‘‘tax return preparers’’.

(ii) The item relating to section 6107 in the table

of sections for subchapter B of chapter 61 is amended

by striking ‘‘Income tax return preparer’’ and inserting

‘‘Tax return preparer’’.

(D) Section 6109(a)(4) is amended—

(i) by striking ‘‘an income tax return preparer’’

and inserting ‘‘a tax return preparer’’, and

(ii) by striking ‘‘INCOME RETURN PREPARER’’ in the

heading and inserting ‘‘TAX RETURN PREPARER’’.

(E) Section 6503(k)(4) is amended by striking ‘‘Income

tax return preparers’’ and inserting ‘‘Tax return preparers’’.

(F)(i) Section 6694 is amended—

26 USC 6060.

121 STAT. 202 PUBLIC LAW 110–28—MAY 25, 2007

(I) by striking ‘‘INCOME TAX RETURN PREPARER’’ in the heading and inserting ‘‘TAX RETURN PREPARER’’,

(II) by striking ‘‘an income tax return preparer’’

each place it appears and inserting ‘‘a tax return preparer’’,

(III) in subsection (c)(2), by striking ‘‘the income

tax return preparer’’ and inserting ‘‘the tax return

preparer’’,

(IV) in subsection (e), by striking ‘‘subtitle A’’ and

inserting ‘‘this title’’, and

(V) in subsection (f), by striking ‘‘income tax return

preparer’’ and inserting ‘‘tax return preparer’’.

(ii) The item relating to section 6694 in the table

of sections for part I of subchapter B of chapter 68 is

amended by striking ‘‘income tax return preparer’’ and

inserting ‘‘tax return preparer’’.

(G)(i) Section 6695 is amended—

(I) by striking ‘‘INCOME’’ in the heading, and

(II) by striking ‘‘an income tax return preparer’’

each place it appears and inserting ‘‘a tax return preparer’’.

(ii) Section 6695(f) is amended—

(I) by striking ‘‘subtitle A’’ and inserting ‘‘this

title’’, and

(II) by striking ‘‘the income tax return preparer’’

and inserting ‘‘the tax return preparer’’.

(iii) The item relating to section 6695 in the table

of sections for part I of subchapter B of chapter 68 is

amended by striking ‘‘income’’.

(H) Section 6696(e) is amended by striking ‘‘subtitle

A’’ each place it appears and inserting ‘‘this title’’.

(I)(i) Section 7407 is amended—

(I) by striking ‘‘INCOME TAX RETURN PREPARERS’’ in the heading and inserting ‘‘TAX RETURN PRE- PARERS’’,

(II) by striking ‘‘an income tax return preparer’’

each place it appears and inserting ‘‘a tax return preparer’’,

(III) by striking ‘‘income tax preparer’’ both places

it appears in subsection (a) and inserting ‘‘tax return

preparer’’, and

(IV) by striking ‘‘income tax return’’ in subsection

(a) and inserting ‘‘tax return’’.

(ii) The item relating to section 7407 in the table

of sections for subchapter A of chapter 76 is amended

by striking ‘‘income tax return preparers’’ and inserting

‘‘tax return preparers’’.

(J)(i) Section 7427 is amended—

(I) by striking ‘‘INCOME TAX RETURN PREPARERS’’

in the heading and inserting ‘‘TAX RETURN PRE- PARERS’’, and

(II) by striking ‘‘an income tax return preparer’’

and inserting ‘‘a tax return preparer’’.

(ii) The item relating to section 7427 in the table

of sections for subchapter B of chapter 76 is amended

to read as follows:

‘‘Sec. 7427. Tax return preparers.’’.

26 USC 6695.

PUBLIC LAW 110–28—MAY 25, 2007 121 STAT. 203

(b) MODIFICATION OF PENALTY FOR UNDERSTATEMENT OF TAXPAYER’S LIABILITY BY TAX RETURN PREPARER.—Subsections (a) and

(b) of section 6694 are amended to read as follows:

‘‘(a) UNDERSTATEMENT DUE TO UNREASONABLE POSITIONS.—

‘‘(1) IN GENERAL.—Any tax return preparer who prepares

any return or claim for refund with respect to which any

part of an understatement of liability is due to a position

described in paragraph (2) shall pay a penalty with respect

to each such return or claim in an amount equal to the greater

of—

‘‘(A) $1,000, or

‘‘(B) 50 percent of the income derived (or to be derived)

by the tax return preparer with respect to the return

or claim.

‘‘(2) UNREASONABLE POSITION.—A position is described in

this paragraph if—

‘‘(A) the tax return preparer knew (or reasonably

should have known) of the position,

‘‘(B) there was not a reasonable belief that the position

would more likely than not be sustained on its merits,

and

‘‘(C)(i) the position was not disclosed as provided in

section 6662(d)(2)(B)(ii), or

‘‘(ii) there was no reasonable basis for the position.

‘‘(3) REASONABLE CAUSE EXCEPTION.—No penalty shall be

imposed under this subsection if it is shown that there is

reasonable cause for the understatement and the tax return

preparer acted in good faith.

‘‘(b) UNDERSTATEMENT DUE TO WILLFUL OR RECKLESS CONDUCT.—

‘‘(1) IN GENERAL.—Any tax return preparer who prepares

any return or claim for refund with respect to which any

part of an understatement of liability is due to a conduct

described in paragraph (2) shall pay a penalty with respect

to each such return or claim in an amount equal to the greater

of—

‘‘(A) $5,000, or

‘‘(B) 50 percent of the income derived (or to be derived)

by the tax return preparer with respect to the return

or claim.

‘‘(2) WILLFUL OR RECKLESS CONDUCT.—Conduct described

in this paragraph is conduct by the tax return preparer which

is—

‘‘(A) a willful attempt in any manner to understate

the liability for tax on the return or claim, or

‘‘(B) a reckless or intentional disregard of rules or

regulations.

‘‘(3) REDUCTION IN PENALTY.—The amount of any penalty

payable by any person by reason of this subsection for any

return or claim for refund shall be reduced by the amount

of the penalty paid by such person by reason of subsection

(a).’’.

(c) EFFECTIVE DATE.—The amendments made by this section

shall apply to returns prepared after the date of the enactment

of this Act.

26 USC 6060

note.

26 USC 6694.

121 STAT. 204 PUBLIC LAW 110–28—MAY 25, 2007

SEC. 8247. PENALTY FOR FILING ERRONEOUS REFUND CLAIMS.

(a) IN GENERAL.—Part I of subchapter B of chapter 68 (relating

to assessable penalties) is amended by inserting after section 6675

the following new section:

‘‘SEC. 6676. ERRONEOUS CLAIM FOR REFUND OR CREDIT.

‘‘(a) CIVIL PENALTY.—If a claim for refund or credit with respect

to income tax (other than a claim for a refund or credit relating

to the earned income credit under section 32) is made for an

excessive amount, unless it is shown that the claim for such excessive amount has a reasonable basis, the person making such claim

shall be liable for a penalty in an amount equal to 20 percent

of the excessive amount.

‘‘(b) EXCESSIVE AMOUNT.—For purposes of this section, the term

‘excessive amount’ means in the case of any person the amount

by which the amount of the claim for refund or credit for any

taxable year exceeds the amount of such claim allowable under

this title for such taxable year.

‘‘(c) COORDINATION WITH OTHER PENALTIES.—This section shall

not apply to any portion of the excessive amount of a claim for

refund or credit which is subject to a penalty imposed under part

II of subchapter A of chapter 68.’’.

(b) CONFORMING AMENDMENT.—The table of sections for part

I of subchapter B of chapter 68 is amended by inserting after

the item relating to section 6675 the following new item:

‘‘Sec. 6676. Erroneous claim for refund or credit.’’.

(c) EFFECTIVE DATE.—The amendments made by this section

shall apply to any claim filed or submitted after the date of the

enactment of this Act.

SEC. 8248. TIME FOR PAYMENT OF CORPORATE ESTIMATED TAXES.

Subparagraph (B) of section 401(1) of the Tax Increase Prevention and Reconciliation Act of 2005 is amended by striking ‘‘106.25

percent’’ and inserting ‘‘114.25 percent’’.

Subtitle C—Small Business Incentives

SEC. 8301. SHORT TITLE.

This subtitle may be cited as the ‘‘Small Business and Work

Opportunity Act of 2007’’.

SEC. 8302. ENHANCED COMPLIANCE ASSISTANCE FOR SMALL

BUSINESSES.

(a) IN GENERAL.—Section 212 of the Small Business Regulatory

Enforcement Fairness Act of 1996 (5 U.S.C. 601 note) is amended

by striking subsection (a) and inserting the following:

‘‘(a) COMPLIANCE GUIDE.—

‘‘(1) IN GENERAL.—For each rule or group of related rules

for which an agency is required to prepare a final regulatory

flexibility analysis under section 605(b) of title 5, United States

Code, the agency shall publish 1 or more guides to assist

small entities in complying with the rule and shall entitle

such publications ‘small entity compliance guides’.

‘‘(2) PUBLICATION OF GUIDES.—The publication of each guide

under this subsection shall include—

Publication.

Small Business

and Work

Opportunity

Act of 2007.

15 USC 631 note.

26 USC 6655

note.

26 USC 6676

note.

PUBLIC LAW 110–28—MAY 25, 2007 121 STAT. 205

‘‘(A) the posting of the guide in an easily identified

location on the website of the agency; and

‘‘(B) distribution of the guide to known industry contacts, such as small entities, associations, or industry

leaders affected by the rule.

‘‘(3) PUBLICATION DATE.—An agency shall publish each

guide (including the posting and distribution of the guide as

described under paragraph (2))—

‘‘(A) on the same date as the date of publication of

the final rule (or as soon as possible after that date);

and

‘‘(B) not later than the date on which the requirements

of that rule become effective.

‘‘(4) COMPLIANCE ACTIONS.—

‘‘(A) IN GENERAL.—Each guide shall explain the actions

a small entity is required to take to comply with a rule.

‘‘(B) EXPLANATION.—The explanation under subparagraph (A)—

‘‘(i) shall include a description of actions needed

to meet the requirements of a rule, to enable a small

entity to know when such requirements are met; and

‘‘(ii) if determined appropriate by the agency, may

include a description of possible procedures, such as

conducting tests, that may assist a small entity in

meeting such requirements, except that, compliance

with any procedures described pursuant to this section

does not establish compliance with the rule, or establish a presumption or inference of such compliance.

‘‘(C) PROCEDURES.—Procedures described under

subparagraph (B)(ii)—

‘‘(i) shall be suggestions to assist small entities;

and

‘‘(ii) shall not be additional requirements, or

diminish requirements, relating to the rule.

‘‘(5) AGENCY PREPARATION OF GUIDES.—The agency shall,

in its sole discretion, taking into account the subject matter

of the rule and the language of relevant statutes, ensure that

the guide is written using sufficiently plain language likely

to be understood by affected small entities. Agencies may prepare separate guides covering groups or classes of similarly

affected small entities and may cooperate with associations

of small entities to develop and distribute such guides. An

agency may prepare guides and apply this section with respect

to a rule or a group of related rules.

‘‘(6) REPORTING.—Not later than 1 year after the date of

enactment of the Fair Minimum Wage Act of 2007, and

annually thereafter, the head of each agency shall submit a

report to the Committee on Small Business and Entrepreneurship of the Senate, the Committee on Small Business of the

House of Representatives, and any other committee of relevant

jurisdiction describing the status of the agency’s compliance

with paragraphs (1) through (5).’’.

(b) TECHNICAL AND CONFORMING AMENDMENT.—Section 211(3)

of the Small Business Regulatory Enforcement Fairness Act of

1996 (5 U.S.C. 601 note) is amended by inserting ‘‘and entitled’’

after ‘‘designated’’.

121 STAT. 206 PUBLIC LAW 110–28—MAY 25, 2007

SEC. 8303. SMALL BUSINESS CHILD CARE GRANT PROGRAM.

(a) ESTABLISHMENT.—The Secretary of Health and Human

Services (referred to in this section as the ‘‘Secretary’’) shall establish a program to award grants to States, on a competitive basis,

to assist States in providing funds to encourage the establishment

and operation of employer-operated child care programs.

(b) APPLICATION.—To be eligible to receive a grant under this

section, a State shall prepare and submit to the Secretary an

application at such time, in such manner, and containing such

information as the Secretary may require, including an assurance

that the funds required under subsection (e) will be provided.

(c) AMOUNT AND PERIOD OF GRANT.—The Secretary shall determine the amount of a grant to a State under this section based

on the population of the State as compared to the population of

all States receiving grants under this section. The Secretary shall

make the grant for a period of 3 years.

(d) USE OF FUNDS.— (1) IN GENERAL.—A State shall use amounts provided under

a grant awarded under this section to provide assistance to

small businesses (or consortia formed in accordance with paragraph (3)) located in the State to enable the small businesses

(or consortia) to establish and operate child care programs.

Such assistance may include—

(A) technical assistance in the establishment of a child

care program;

(B) assistance for the startup costs related to a child

care program;

(C) assistance for the training of child care providers;

(D) scholarships for low-income wage earners;

(E) the provision of services to care for sick children

or to provide care to school-aged children;

(F) the entering into of contracts with local resource

and referral organizations or local health departments;

(G) assistance for care for children with disabilities;

(H) payment of expenses for renovation or operation

of a child care facility; or

(I) assistance for any other activity determined appropriate by the State.

(2) APPLICATION.—In order for a small business or consortium to be eligible to receive assistance from a State under

this section, the small business involved shall prepare and

submit to the State an application at such time, in such manner,

and containing such information as the State may require.

(3) PREFERENCE.—

(A) IN GENERAL.—In providing assistance under this

section, a State shall give priority to an applicant that

desires to form a consortium to provide child care in a

geographic area within the State where such care is not

generally available or accessible.

(B) CONSORTIUM.—For purposes of subparagraph (A),

a consortium shall be made up of 2 or more entities that

shall include small businesses and that may include large

businesses, nonprofit agencies or organizations, local

governments, or other appropriate entities.

(4) LIMITATIONS.—With respect to grant funds received

under this section, a State may not provide in excess of

$500,000 in assistance from such funds to any single applicant.

42 USC 9858

note.

PUBLIC LAW 110–28—MAY 25, 2007 121 STAT. 207

(e) MATCHING REQUIREMENT.—To be eligible to receive a grant

under this section, a State shall provide assurances to the Secretary

that, with respect to the costs to be incurred by a covered entity

receiving assistance in carrying out activities under this section,

the covered entity will make available (directly or through donations

from public or private entities) non-Federal contributions to such

costs in an amount equal to—

(1) for the first fiscal year in which the covered entity

receives such assistance, not less than 50 percent of such costs

($1 for each $1 of assistance provided to the covered entity

under the grant);

(2) for the second fiscal year in which the covered entity

receives such assistance, not less than 662⁄3 percent of such costs ($2 for each $1 of assistance provided to the covered

entity under the grant); and

(3) for the third fiscal year in which the covered entity

receives such assistance, not less than 75 percent of such costs

($3 for each $1 of assistance provided to the covered entity

under the grant).

(f) REQUIREMENTS OF PROVIDERS.—To be eligible to receive

assistance under a grant awarded under this section, a child care

provider—

(1) who receives assistance from a State shall comply with

all applicable State and local licensing and regulatory requirements and all applicable health and safety standards in effect

in the State; and

(2) who receives assistance from an Indian tribe or tribal

organization shall comply with all applicable regulatory standards.

(g) STATE-LEVEL ACTIVITIES.—A State may not retain more

than 3 percent of the amount described in subsection (c) for State

administration and other State-level activities.

(h) ADMINISTRATION.—

(1) STATE RESPONSIBILITY.—A State shall have responsibility for administering a grant awarded for the State under

this section and for monitoring covered entities that receive

assistance under such grant.

(2) AUDITS.—A State shall require each covered entity

receiving assistance under the grant awarded under this section

to conduct an annual audit with respect to the activities of

the covered entity. Such audits shall be submitted to the State.

(3) MISUSE OF FUNDS.—

(A) REPAYMENT.—If the State determines, through an

audit or otherwise, that a covered entity receiving assistance under a grant awarded under this section has misused

the assistance, the State shall notify the Secretary of the

misuse. The Secretary, upon such a notification, may seek

from such a covered entity the repayment of an amount

equal to the amount of any such misused assistance plus

interest.

(B) APPEALS PROCESS.—The Secretary shall by regulation provide for an appeals process with respect to repayments under this paragraph.

(i) REPORTING REQUIREMENTS.—

(1) 2-YEAR STUDY.— (A) IN GENERAL.—Not later than 2 years after the

date on which the Secretary first awards grants under

Regulations.

Notification.

121 STAT. 208 PUBLIC LAW 110–28—MAY 25, 2007

this section, the Secretary shall conduct a study to

determine—

(i) the capacity of covered entities to meet the

child care needs of communities within States;

(ii) the kinds of consortia that are being formed

with respect to child care at the local level to carry

out programs funded under this section; and

(iii) who is using the programs funded under this

section and the income levels of such individuals.

(B) REPORT.—Not later than 28 months after the date

on which the Secretary first awards grants under this

section, the Secretary shall prepare and submit to the

appropriate committees of Congress a report on the results

of the study conducted in accordance with subparagraph

(A).

(2) FOUR-YEAR STUDY.— (A) IN GENERAL.—Not later than 4 years after the

date on which the Secretary first awards grants under

this section, the Secretary shall conduct a study to determine the number of child care facilities that are funded

through covered entities that received assistance through

a grant awarded under this section and that remain in

operation, and the extent to which such facilities are

meeting the child care needs of the individuals served

by such facilities.

(B) REPORT.—Not later than 52 months after the date

on which the Secretary first awards grants under this

section, the Secretary shall prepare and submit to the

appropriate committees of Congress a report on the results

of the study conducted in accordance with subparagraph

(A).

(j) DEFINITIONS.—In this section:

(1) COVERED ENTITY.—The term ‘‘covered entity’’ means

a small business or a consortium formed in accordance with

subsection (d)(3).

(2) INDIAN COMMUNITY.—The term ‘‘Indian community’’

means a community served by an Indian tribe or tribal

organization.

(3) INDIAN TRIBE; TRIBAL ORGANIZATION.—The terms

‘‘Indian tribe’’ and ‘‘tribal organization’’ have the meanings

given the terms in section 658P of the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858n).

(4) SMALL BUSINESS.—The term ‘‘small business’’ means

an employer who employed an average of at least 2 but not

more than 50 employees on the business days during the preceding calendar year.

(5) STATE.—The term ‘‘State’’ has the meaning given the

term in section 658P of the Child Care and Development Block

Grant Act of 1990 (42 U.S.C. 9858n).

(k) APPLICATION TO INDIAN TRIBES AND TRIBAL ORGANIZATIONS.—In this section:

(1) IN GENERAL.—Except as provided in subsection (f)(1),

and in paragraphs (2) and (3), the term ‘‘State’’ includes an

Indian tribe or tribal organization.

(2) GEOGRAPHIC REFERENCES.—The term ‘‘State’’ includes

an Indian community in subsections (c) (the second and third

place the term appears), (d)(1) (the second place the term

Deadline.

PUBLIC LAW 110–28—MAY 25, 2007 121 STAT. 209

appears), (d)(3)(A) (the second place the term appears), and

(i)(1)(A)(i).

(3) STATE-LEVEL ACTIVITIES.—The term ‘‘State-level activities’’ includes activities at the tribal level.

(l) AUTHORIZATION OF APPROPRIATIONS.— (1) IN GENERAL.—There is authorized to be appropriated to carry out this section, $50,000,000 for the period of fiscal

years 2008 through 2012.

(2) STUDIES AND ADMINISTRATION.—With respect to the

total amount appropriated for such period in accordance with

this subsection, not more than $2,500,000 of that amount may

be used for expenditures related to conducting studies required

under, and the administration of, this section.

(m) TERMINATION OF PROGRAM.—The program established

under subsection (a) shall terminate on September 30, 2012.

SEC. 8304. STUDY OF UNIVERSAL USE OF ADVANCE PAYMENT OF

EARNED INCOME CREDIT.

Not later than 180 days after the date of the enactment of

this Act, the Secretary of the Treasury shall report to Congress

on a study of the benefits, costs, risks, and barriers to workers

and to businesses (with a special emphasis on small businesses)

if the advance earned income tax credit program (under section

3507 of the Internal Revenue Code of 1986) included all recipients

of the earned income tax credit (under section 32 of such Code)

and what steps would be necessary to implement such inclusion.

SEC. 8305. RENEWAL GRANTS FOR WOMEN’S BUSINESS CENTERS.

(a) IN GENERAL.—Section 29 of the Small Business Act (15

U.S.C. 656) is amended by adding at the end the following:

‘‘(m) CONTINUED FUNDING FOR CENTERS.—

‘‘(1) IN GENERAL.—A nonprofit organization described in

paragraph (2) shall be eligible to receive, subject to paragraph

(3), a 3-year grant under this subsection.

‘‘(2) APPLICABILITY.—A nonprofit organization described in

this paragraph is a nonprofit organization that has received

funding under subsection (b) or (l).

‘‘(3) APPLICATION AND APPROVAL CRITERIA.—

‘‘(A) CRITERIA.—Subject to subparagraph (B), the

Administrator shall develop and publish criteria for the

consideration and approval of applications by nonprofit

organizations under this subsection.

‘‘(B) CONTENTS.—Except as otherwise provided in this

subsection, the conditions for participation in the grant

program under this subsection shall be the same as the

conditions for participation in the program under subsection (l), as in effect on the date of enactment of this

Act.

‘‘(C) NOTIFICATION.—Not later than 60 days after the

date of the deadline to submit applications for each fiscal

year, the Administrator shall approve or deny any application under this subsection and notify the applicant for

each such application.

‘‘(4) AWARD OF GRANTS.—

‘‘(A) IN GENERAL.—Subject to the availability of appropriations, the Administrator shall make a grant for the

Federal share of the cost of activities described in the

Deadline.

Deadline.

121 STAT. 210 PUBLIC LAW 110–28—MAY 25, 2007

application to each applicant approved under this subsection.

‘‘(B) AMOUNT.—A grant under this subsection shall

be for not more than $150,000, for each year of that grant.

‘‘(C) FEDERAL SHARE.—The Federal share under this

subsection shall be not more than 50 percent.

‘‘(D) PRIORITY.—In allocating funds made available for

grants under this section, the Administrator shall give

applications under this subsection or subsection (l) priority

over first-time applications under subsection (b).

‘‘(5) RENEWAL.—

‘‘(A) IN GENERAL.—The Administrator may renew a

grant under this subsection for additional 3-year periods,

if the nonprofit organization submits an application for

such renewal at such time, in such manner, and accompanied by such information as the Administrator may

establish.

‘‘(B) UNLIMITED RENEWALS.—There shall be no limitation on the number of times a grant may be renewed

under subparagraph (A).

‘‘(n) PRIVACY REQUIREMENTS.—

‘‘(1) IN GENERAL.—A women’s business center may not disclose the name, address, or telephone number of any individual

or small business concern receiving assistance under this section without the consent of such individual or small business

concern, unless—

‘‘(A) the Administrator is ordered to make such a disclosure by a court in any civil or criminal enforcement action

initiated by a Federal or State agency; or

‘‘(B) the Administrator considers such a disclosure to

be necessary for the purpose of conducting a financial audit

of a women’s business center, but a disclosure under this

subparagraph shall be limited to the information necessary

for such audit.

‘‘(2) ADMINISTRATION USE OF INFORMATION.—This subsection shall not—

‘‘(A) restrict Administration access to program activity

data; or

‘‘(B) prevent the Administration from using client

information (other than the information described in

subparagraph (A)) to conduct client surveys.

‘‘(3) REGULATIONS.—The Administrator shall issue regulations to establish standards for requiring disclosures during

a financial audit under paragraph (1)(B).’’.

(b) REPEAL.—Section 29(l) of the Small Business Act (15 U.S.C.

656(l)) is repealed effective October 1 of the first full fiscal year

after the date of enactment of this Act.

(c) TRANSITIONAL RULE.—Notwithstanding any other provision

of law, a grant or cooperative agreement that was awarded under

subsection (l) of section 29 of the Small Business Act (15 U.S.C.

656), on or before the day before the date described in subsection

(b) of this section, shall remain in full force and effect under

the terms, and for the duration, of such grant or agreement.

15 USC 656 note.

Effective date.

15 USC 656 note.

PUBLIC LAW 110–28—MAY 25, 2007 121 STAT. 211

SEC. 8306. REPORTS ON ACQUISITIONS OF ARTICLES, MATERIALS, AND

SUPPLIES MANUFACTURED OUTSIDE THE UNITED

STATES.

Section 2 of the Buy American Act (41 U.S.C. 10a) is amended—

(1) by striking ‘‘Notwithstanding’’ and inserting the following:

‘‘(a) IN GENERAL.—Notwithstanding’’; and

(2) by adding at the end the following:

‘‘(b) REPORTS.— ‘‘(1) IN GENERAL.—Not later than 180 days after the end

of each of fiscal years 2007 through 2011, the head of each

Federal agency shall submit to the Committee on Homeland

Security and Governmental Affairs of the Senate and the Committee on Oversight and Government Reform of the House

of Representatives a report on the amount of the acquisitions

made by the agency in that fiscal year of articles, materials,

or supplies purchased from entities that manufacture the articles, materials, or supplies outside of the United States.

‘‘(2) CONTENTS OF REPORT.—The report required by paragraph (1) shall separately include, for the fiscal year covered

by such report—

‘‘(A) the dollar value of any articles, materials, or supplies that were manufactured outside the United States;

‘‘(B) an itemized list of all waivers granted with respect

to such articles, materials, or supplies under this Act,

and a citation to the treaty, international agreement, or

other law under which each waiver was granted;

‘‘(C) if any articles, materials, or supplies were acquired

from entities that manufacture articles, materials, or supplies outside the United States, the specific exception under

this section that was used to purchase such articles, materials, or supplies; and

‘‘(D) a summary of—

‘‘(i) the total procurement funds expended on articles, materials, and supplies manufactured inside the

United States; and

‘‘(ii) the total procurement funds expended on articles, materials, and supplies manufactured outside the

United States.

‘‘(3) PUBLIC AVAILABILITY.—The head of each Federal

agency submitting a report under paragraph (1) shall make

the report publicly available to the maximum extent practicable.

‘‘(4) EXCEPTION FOR INTELLIGENCE COMMUNITY.—This subsection shall not apply to acquisitions made by an agency,

or component thereof, that is an element of the intelligence

community as specified in, or designated under, section 3(4)

of the National Security Act of 1947 (50 U.S.C. 401a(4)).’’.

TITLE IX—AGRICULTURAL ASSISTANCE

SEC. 9001. CROP DISASTER ASSISTANCE.

(a) ASSISTANCE AVAILABLE.—There are hereby appropriated to

the Secretary of Agriculture such sums as are necessary, to remain

available until expended, to make emergency financial assistance

available to producers on a farm that incurred qualifying quantity

or quality losses for the 2005, 2006, or 2007 crop, due to damaging

121 STAT. 212 PUBLIC LAW 110–28—MAY 25, 2007

weather or any related condition (including losses due to crop

diseases, insects, and delayed planting), as determined by the Secretary. However, to be eligible for assistance, the crop subject to

the loss must have been planted before February 28, 2007, or,

in the case of prevented planting or other total loss, would have

been planted before February 28, 2007, in the absence of the damaging weather or any related condition.

(b) ELECTION OF CROP YEAR.—If a producer incurred qualifying

crop losses in more than one of the 2005, 2006, or 2007 crop

years, the producer shall elect to receive assistance under this

section for losses incurred in only one of such crop years. The

producer may not receive assistance under this section for more

than one crop year.

(c) ADMINISTRATION.—

(1) IN GENERAL.—Except as provided in paragraph (2), the

Secretary of Agriculture shall make assistance available under

this section in the same manner as provided under section

815 of the Agriculture, Rural Development, Food and Drug

Administration and Related Agencies Appropriations Act, 2001

(Public Law 106–387; 114 Stat. 1549A–55), including using

the same loss thresholds for quantity and economic losses as

were used in administering that section, except that the payment rate shall be 42 percent of the established price, instead

of 65 percent.

(2) LOSS THRESHOLDS FOR QUALITY LOSSES.—In the case

of a payment for quality loss for a crop under subsection (a),

the loss thresholds for quality loss for the crop shall be determined under subsection (d).

(d) QUALITY LOSSES.—

(1) IN GENERAL.—Subject to paragraph (3), the amount

of a payment made to producers on a farm for a quality loss

for a crop under subsection (a) shall be equal to the amount

obtained by multiplying—

(A) 65 percent of the payment quantity determined

under paragraph (2); by

(B) 42 percent of the payment rate determined under

paragraph (3).

(2) PAYMENT QUANTITY.—For the purpose of paragraph

(1)(A), the payment quantity for quality losses for a crop of

a commodity on a farm shall equal the lesser of—

(A) the actual production of the crop affected by a

quality loss of the commodity on the farm; or

(B) the quantity of expected production of the crop

affected by a quality loss of the commodity on the farm,

using the formula used by the Secretary of Agriculture

to determine quantity losses for the crop of the commodity

under subsection (a).

(3) PAYMENT RATE.—For the purpose of paragraph (1)(B)

and in accordance with paragraphs (5) and (6), the payment

rate for quality losses for a crop of a commodity on a farm

shall be equal to the difference between—

(A) the per unit market value that the units of the

crop affected by the quality loss would have had if the

crop had not suffered a quality loss; and

(B) the per unit market value of the units of the

crop affected by the quality loss.

PUBLIC LAW 110–28—MAY 25, 2007 121 STAT. 213

(4) ELIGIBILITY.—For producers on a farm to be eligible

to obtain a payment for a quality loss for a crop under subsection (a), the amount obtained by multiplying the per unit

loss determined under paragraph (1) by the number of units

affected by the quality loss shall be at least 25 percent of

the value that all affected production of the crop would have

had if the crop had not suffered a quality loss.

(5) MARKETING CONTRACTS.—In the case of any production

of a commodity that is sold pursuant to one or more marketing

contracts (regardless of whether the contract is entered into

by the producers on the farm before or after harvest) and

for which appropriate documentation exists, the quantity designated in the contracts shall be eligible for quality loss assistance based on the one or more prices specified in the contracts.

(6) OTHER PRODUCTION.—For any additional production of

a commodity for which a marketing contract does not exist

or for which production continues to be owned by the producer,

quality losses shall be based on the average local market discounts for reduced quality, as determined by the appropriate

State committee of the Farm Service Agency.

(7) QUALITY ADJUSTMENTS AND DISCOUNTS.—The appropriate State committee of the Farm Service Agency shall identify the appropriate quality adjustment and discount factors

to be considered in carrying out this subsection, including—

(A) the average local discounts actually applied to a

crop; and

(B) the discount schedules applied to loans made by

the Farm Service Agency or crop insurance coverage under

the Federal Crop Insurance Act (7 U.S.C. 1501 et seq.).

(8) ELIGIBLE PRODUCTION.—The Secretary of Agriculture

shall carry out this subsection in a fair and equitable manner

for all eligible production, including the production of fruits

and vegetables, other specialty crops, and field crops.

(e) PAYMENT LIMITATIONS.—

(1) LIMIT ON AMOUNT OF ASSISTANCE.—Assistance provided

under this section to a producer for losses to a crop, together

with the amounts specified in paragraph (2) applicable to the

same crop, may not exceed 95 percent of what the value of

the crop would have been in the absence of the losses, as

estimated by the Secretary of Agriculture.

(2) OTHER PAYMENTS.—In applying the limitation in paragraph (1), the Secretary shall include the following:

(A) Any crop insurance payment made under the Federal Crop Insurance Act (7 U.S.C. 1501 et seq.) or payment

under section 196 of the Federal Agriculture Improvement

and Reform Act of 1996 (7 U.S.C. 7333) that the producer

receives for losses to the same crop.

(B) The value of the crop that was not lost (if any),

as estimated by the Secretary.

(f) ELIGIBILITY REQUIREMENTS AND LIMITATIONS.—The producers on a farm shall not be eligible for assistance under this

section with respect to losses to an insurable commodity or noninsurable commodity if the producers on the farm—

(1) in the case of an insurable commodity, did not obtain

a policy or plan of insurance for the insurable commodity under

the Federal Crop Insurance Act (7 U.S.C. 1501 et seq.) for

the crop incurring the losses;

121 STAT. 214 PUBLIC LAW 110–28—MAY 25, 2007

(2) in the case of a noninsurable commodity, did not file

the required paperwork, and pay the administrative fee by

the applicable State filing deadline, for the noninsurable commodity under section 196 of the Federal Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 7333) for the crop

incurring the losses; or

(3) were not in compliance with highly erodible land conservation and wetland conservation provisions.

(g) TIMING.— (1) IN GENERAL.—Subject to paragraph (2), the Secretary

of Agriculture shall make payments to producers on a farm

for a crop under this section not later than 60 days after

the date the producers on the farm submit to the Secretary

a completed application for the payments.

(2) INTEREST.—If the Secretary does not make payments

to the producers on a farm by the date described in paragraph

(1), the Secretary shall pay to the producers on a farm interest

on the payments at a rate equal to the current (as of the

sign-up deadline established by the Secretary) market yield

on outstanding, marketable obligations of the United States

with maturities of 30 years.

(h) DEFINITIONS.—In this section:

(1) INSURABLE COMMODITY.—The term ‘‘insurable commodity’’ means an agricultural commodity (excluding livestock)

for which the producers on a farm are eligible to obtain a

policy or plan of insurance under the Federal Crop Insurance

Act (7 U.S.C. 1501 et seq.).

(2) NONINSURABLE COMMODITY.—The term ‘‘noninsurable

commodity’’ means a crop for which the producers on a farm

are eligible to obtain assistance under section 196 of the Federal

Agriculture Improvement and Reform Act of 1996 (7 U.S.C.

7333).

SEC. 9002. LIVESTOCK ASSISTANCE.

(a) LIVESTOCK COMPENSATION PROGRAM.— (1) AVAILABILITY OF ASSISTANCE.—There are hereby appropriated to the Secretary of Agriculture such sums as are necessary, to remain available until expended, to carry out the

livestock compensation program established under subpart B

of part 1416 of title 7, Code of Federal Regulations, as

announced by the Secretary on February 12, 2007 (72 Fed.

Reg. 6443), to provide compensation for livestock losses between

January 1, 2005 and February 28, 2007, due to a disaster,

as determined by the Secretary (including losses due to blizzards that started in 2006 and continued into January 2007).

However, the payment rate for compensation under this subsection shall be 61 percent of the payment rate otherwise

applicable under such program. In addition, section

1416.102(b)(2)(ii) of title 7, Code of Federal Regulations (72

Fed. Reg. 6444) shall not apply.

(2) ELIGIBLE APPLICANTS.—In carrying out the program

described in paragraph (1), the Secretary shall provide assistance to any applicant that—

(A) conducts a livestock operation that is located in

a disaster county with eligible livestock specified in paragraph (1) of section 1416.102(a) of title 7, Code of Federal

Regulations (72 Fed. Reg. 6444), an animal described in

Deadline.

PUBLIC LAW 110–28—MAY 25, 2007 121 STAT. 215

section 10806(a)(1) of the Farm Security and Rural Investment Act of 2002 (21 U.S.C. 321d(a)(1)), or other animals

designated by the Secretary as livestock for purposes of

this subsection; and

(B) meets the requirements of paragraphs (3) and (4)

of section 1416.102(a) of title 7, Code of Federal Regulations, and all other eligibility requirements established by

the Secretary for the program.

(3) ELECTION OF LOSSES.— (A) If a producer incurred eligible livestock losses in

more than one of the 2005, 2006, or 2007 calendar years,

the producer shall elect to receive payments under this

subsection for losses incurred in only one of such calendar

years, and such losses must have been incurred in a county

declared or designated as a disaster county in that same

calendar year.

(B) Producers may elect to receive compensation for

losses in the calendar year 2007 grazing season that are

attributable to wildfires occurring during the applicable

period, as determined by the Secretary.

(4) MITIGATION.—In determining the eligibility for or

amount of payments for which a producer is eligible under

the livestock compensation program, the Secretary shall not

penalize a producer that takes actions (recognizing disaster

conditions) that reduce the average number of livestock the

producer owned for grazing during the production year for

which assistance is being provided.

(5) DEFINITIONS.—In this subsection:

(A) DISASTER COUNTY.—The term ‘‘disaster county’’

means—

(i) a county included in the geographic area covered

by a natural disaster declaration; and

(ii) each county contiguous to a county described

in clause (i).

(B) NATURAL DISASTER DECLARATION.—The term ‘‘natural disaster declaration’’ means—

(i) a natural disaster declared by the Secretary

between January 1, 2005 and February 28, 2007, under

section 321(a) of the Consolidated Farm and Rural

Development Act (7 U.S.C. 1961(a));

(ii) a major disaster or emergency designated by

the President between January 1, 2005 and February

28, 2007, under the Robert T. Stafford Disaster Relief

and Emergency Assistance Act (42 U.S.C. 5121 et seq.);

or

(iii) a determination of a Farm Service Agency

Administrator’s Physical Loss Notice if such notice

applies to a county included under (ii).

(b) LIVESTOCK INDEMNITY PAYMENTS.—

(1) AVAILABILITY OF ASSISTANCE.—There are hereby appropriated to the Secretary of Agriculture such sums as are necessary, to remain available until expended, to make livestock

indemnity payments to producers on farms that have incurred

livestock losses between January 1, 2005 and February 28,

2007, due to a disaster, as determined by the Secretary

(including losses due to blizzards that started in 2006 and

continued into January 2007) in a disaster county. To be eligible

121 STAT. 216 PUBLIC LAW 110–28—MAY 25, 2007

for assistance, applicants must meet all eligibility requirements

established by the Secretary for the program.

(2) ELECTION OF LOSSES.—If a producer incurred eligible

livestock losses in more than one of the 2005, 2006, or 2007

calendar years, the producer shall elect to receive payments

under this subsection for losses incurred in only one of such

calendar years. The producer may not receive payments under

this subsection for more than one calendar year.

(3) PAYMENT RATES.—Indemnity payments to a producer

on a farm under paragraph (1) shall be made at a rate of

not less than 26 percent of the market value of the applicable

livestock on the day before the date of death of the livestock,

as determined by the Secretary.

(4) LIVESTOCK DEFINED.—In this subsection, the term ‘‘livestock’’ means an animal that—

(A) is specified in clause (i) of section 1416.203(a)(2)

of title 7, Code of Federal Regulations (72 Fed. Reg. 6445),

or is designated by the Secretary as livestock for purposes

of this subsection; and

(B) meets the requirements of clauses (iii) and (iv)

of such section.

(5) DEFINITIONS.—In this subsection:

(A) DISASTER COUNTY.—The term ‘‘disaster county’’

means—

(i) a county included in the geographic area covered

by a natural disaster declaration; and

(ii) each county contiguous to a county described

in clause (i).

(B) NATURAL DISASTER DECLARATION.—The term ‘‘natural disaster declaration’’ means—

(i) a natural disaster declared by the Secretary

between January 1, 2005 and February 28, 2007, under

section 321(a) of the Consolidated Farm and Rural

Development Act (7 U.S.C. 1961(a));

(ii) a major disaster or emergency designated by

the President between January 1, 2005 and February

28, 2007, under the Robert T. Stafford Disaster Relief

and Emergency Assistance Act (42 U.S.C. 5121 et seq.);

or

(iii) a determination of a Farm Service Agency

Administrator’s Physical Loss Notice if such notice

applies to a county included under (ii).

SEC. 9003. EMERGENCY CONSERVATION PROGRAM.

There is hereby appropriated to the Secretary of Agriculture

$16,000,000, to remain available until expended, to provide assistance under the Emergency Conservation Program under title IV

of the Agriculture Credit Act of 1978 (16 U.S.C. 2201 et seq.)

for the cleanup and restoration of farm and agricultural production

lands.

SEC. 9004. PAYMENT LIMITATIONS.

(a) REDUCTION IN PAYMENTS TO REFLECT PAYMENTS FOR SAME

OR SIMILAR LOSSES.—The amount of any payment for which a

producer is eligible under sections 9001 and 9002 shall be reduced

by any amount received by the producer for the same loss or

any similar loss under—

PUBLIC LAW 110–28—MAY 25, 2007 121 STAT. 217

(1) the Department of Defense, Emergency Supplemental

Appropriations to Address Hurricanes in the Gulf of Mexico,

and Pandemic Influenza Act, 2006 (Public Law 109–148; 119

Stat. 2680);

(2) an agricultural disaster assistance provision contained

in the announcement of the Secretary on January 26, 2006

or August 29, 2006; or

(3) the Emergency Supplemental Appropriations Act for

Defense, the Global War on Terror, and Hurricane Recovery,

2006 (Public Law 109–234; 120 Stat. 418).

(b) ADJUSTED GROSS INCOME LIMITATION.—Section 1001D of

the Food Security Act of 1985 (7 U.S.C. 1308–3a) shall apply with

respect to assistance provided under sections 9001, 9002, and 9003.

SEC. 9005. ADMINISTRATION.

(a) REGULATIONS.—The Secretary of Agriculture may promulgate such regulations as are necessary to implement sections 9001

and 9002.

(b) PROCEDURE.—The promulgation of the implementing regulations and the administration of sections 9001 and 9002 shall be

made without regard to—

(1) the notice and comment provisions of section 553 of

title 5, United States Code;

(2) the Statement of Policy of the Secretary of Agriculture

effective July 24, 1971 (36 Fed. Reg. 13804), relating to notices

of proposed rulemaking and public participation in rulemaking;

and

(3) chapter 35 of title 44, United States Code (commonly

known as the ‘‘Paperwork Reduction Act’’).

(c) CONGRESSIONAL REVIEW OF AGENCY RULEMAKING.—In carrying out this section, the Secretary of Agriculture shall use the

authority provided under section 808 of title 5, United States Code.

(d) USE OF COMMODITY CREDIT CORPORATION; LIMITATION.—

In implementing sections 9001 and 9002, the Secretary of Agriculture may use the facilities, services, and authorities of the Commodity Credit Corporation. The Corporation shall not make any

expenditures to carry out sections 9001 and 9002 unless funds

have been specifically appropriated for such purpose.

SEC. 9006. MILK INCOME LOSS CONTRACT PROGRAM.

(a) Section 1502(c)(3) of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 7982(c)(3)) is amended—

(1) in subparagraph (A), by adding ‘‘and’’ at the end;

(2) in subparagraph (B), by striking ‘‘August’’ and all that

follows through the end and inserting ‘‘September 30, 2007,

34 percent.’’; and

(3) by striking subparagraph (C).

(b) Section 10002 of this Act shall not apply to this section

except with respect to fiscal years 2007 and 2008.

SEC. 9007. DAIRY ASSISTANCE.

There is hereby appropriated $16,000,000 to make payments

to dairy producers for dairy production losses in disaster counties,

as defined in section 9002 of this title, to remain available until

expended.

Applicability.

Applicability.

121 STAT. 218 PUBLIC LAW 110–28—MAY 25, 2007

LEGISLATIVE HISTORY—H.R. 2206:

CONGRESSIONAL RECORD, Vol. 153 (2007):

May 10, considered and passed House.

May 15, 17, considered and passed Senate, amended.

May 24, House concurred in Senate amendment with an amendment. Senate

concurred in House amendment.

Æ

SEC. 9008. NONINSURED CROP ASSISTANCE PROGRAM.

For States in which there is a shortage of claims adjustors,

as determined by the Secretary, the Secretary shall permit the

use of one claims adjustor certified by the Secretary in carrying

out 7 CFR 1437.401.

SEC. 9009. EMERGENCY GRANTS TO ASSIST LOW-INCOME MIGRANT

AND SEASONAL FARMWORKERS.

There is hereby appropriated $16,000,000 to carry out section

2281 of the Food, Agriculture, Conservation and Trade Act of 1990

(42 U.S.C. 5177a), to remain available until expended.

SEC. 9010. CONSERVATION SECURITY PROGRAM.

Section 20115 of Public Law 110–5 is amended by striking

‘‘section 726’’ and inserting in lieu thereof ‘‘section 726; section

741’’.

SEC. 9011. ADMINISTRATIVE EXPENSES.

There is hereby appropriated $22,000,000 for the ‘‘Farm Service

Agency, Salaries and Expenses’’, to remain available until September 30, 2008.

SEC. 9012. CONTRACT WAIVER.

In carrying out crop disaster and livestock assistance in this

title, the Secretary shall require forage producers to have participated in a crop insurance pilot program or the Non-Insured Crop

Disaster Assistance Program during the crop year for which compensation is received.

TITLE X—GENERAL PROVISIONS

SEC. 10001. 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. 10002. Amounts in this Act (other than in titles VI and

VIII) 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.

Approved May 25, 2007.

Ante, p. 16.