U.S. Troop Readiness, Veterans' Care, Katrina Recovery, and Iraq Accountability Appropriations Act, 2007
PL 110-28 (H.R.2206), enacted 05/25/2007

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 appro-
priations 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, 
INTER-
NATIONAL AFFAIRS, AND OTHER SECURITY-RELATED NEEDS 
TITLE II—HURRICANE KATRINA RECOVERY 
TITLE III—ADDITIONAL DEFENSE, INTERNATIONAL AFFAIRS, AND HOME-
LAND 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] 
VerDate Aug 31 2005 
13:52 Jan 23, 2009
Jkt 059194
PO 00001
Frm 00110
Fmt 6580
Sfmt 6581
M:\STATUTES\2007\59194PT1.001
APPS10
PsN: 59194PT1
dkrause on GSDDPC44 with PUBLAW
121 STAT. 113 
PUBLIC LAW 110–28—MAY 25, 2007 
TITLE I—SUPPLEMENTAL APPROPRIA-
TIONS 
FOR 
DEFENSE, 
INTER-
NATIONAL AFFAIRS, AND OTHER SE-
CURITY-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 unre-
covered 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. 
VerDate Aug 31 2005 
13:52 Jan 23, 2009
Jkt 059194
PO 00001
Frm 00111
Fmt 6580
Sfmt 6581
M:\STATUTES\2007\59194PT1.001
APPS10
PsN: 59194PT1
dkrause on GSDDPC44 with PUBLAW
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 con-
ference 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 accom-
panying 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. 
VerDate Aug 31 2005 
13:52 Jan 23, 2009
Jkt 059194
PO 00001
Frm 00112
Fmt 6580
Sfmt 6581
M:\STATUTES\2007\59194PT1.001
APPS10
PsN: 59194PT1
dkrause on GSDDPC44 with PUBLAW
121 STAT. 115 
PUBLIC LAW 110–28—MAY 25, 2007 
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 trans-
ferred 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— 
VerDate Aug 31 2005 
13:52 Jan 23, 2009
Jkt 059194
PO 00001
Frm 00113
Fmt 6580
Sfmt 6581
M:\STATUTES\2007\59194PT1.001
APPS10
PsN: 59194PT1
dkrause on GSDDPC44 with PUBLAW
121 STAT. 116 
PUBLIC LAW 110–28—MAY 25, 2007 
(1) not to exceed $25,000,000 may be used for the Combat-
ant Commander Initiative Fund, to be used in support of Oper-
ation 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, mili-
tary, and other support provided to United States military 
operations, notwithstanding any other provision of law: Pro-
vided, That such payments may be made in such amounts 
as the Secretary of Defense, with the concurrence of the Sec-
retary 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: Pro-
vided further, That the Secretary of Defense shall provide quar-
terly 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. 
VerDate Aug 31 2005 
13:52 Jan 23, 2009
Jkt 059194
PO 00001
Frm 00114
Fmt 6580
Sfmt 6581
M:\STATUTES\2007\59194PT1.001
APPS10
PsN: 59194PT1
dkrause on GSDDPC44 with PUBLAW
121 STAT. 117 
PUBLIC LAW 110–28—MAY 25, 2007 
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 Sep-
tember 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 avail-
able 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. 
VerDate Aug 31 2005 
13:52 Jan 23, 2009
Jkt 059194
PO 00001
Frm 00115
Fmt 6580
Sfmt 6581
M:\STATUTES\2007\59194PT1.001
APPS10
PsN: 59194PT1
dkrause on GSDDPC44 with PUBLAW
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. 
VerDate Aug 31 2005 
13:52 Jan 23, 2009
Jkt 059194
PO 00001
Frm 00116
Fmt 6580
Sfmt 6581
M:\STATUTES\2007\59194PT1.001
APPS10
PsN: 59194PT1
dkrause on GSDDPC44 with PUBLAW
121 STAT. 119 
PUBLIC LAW 110–28—MAY 25, 2007 
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 Counter- 
Drug Activities, Defense’’, $254,665,000, to remain available until 
expended. 
RELATED AGENCIES 
INTELLIGENCE COMMUNITY MANAGEMENT ACCOUNT 
For an additional amount for ‘‘Intelligence Community Manage-
ment 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 construc-
tion) 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. 
VerDate Aug 31 2005 
09:59 Jan 26, 2009
Jkt 059194
PO 00001
Frm 00117
Fmt 6580
Sfmt 6581
M:\STATUTES\2007\59194PT1.001
APPS10
PsN: 59194PT1
dkrause on GSDDPC44 with PUBLAW
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 Explo-
sive 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 with-
out prior written notification to the congressional defense commit-
tees. 
(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 appro-
priation 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 Interdic-
tion 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 provi-
sion 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. 
VerDate Aug 31 2005 
13:52 Jan 23, 2009
Jkt 059194
PO 00001
Frm 00118
Fmt 6580
Sfmt 6581
M:\STATUTES\2007\59194PT1.001
APPS10
PsN: 59194PT1
dkrause on GSDDPC44 with PUBLAW
121 STAT. 121 
PUBLIC LAW 110–28—MAY 25, 2007 
exceed $456,400,000 may be used, notwithstanding any other provi-
sion of law, to fund the Commanders’ Emergency Response Pro-
gram, 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 administra-
tion costs associated with projects carried out with funds appro-
priated 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 Govern-
ment costs. 
SEC. 1310. Section 1005(c)(2) of the National Defense Authoriza-
tion 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 assist-
ance, with the concurrence of the Secretary of State, to the Govern-
ment of Iraq to support the disarmament, demobilization, and re-
integration 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. 
VerDate Aug 31 2005 
13:52 Jan 23, 2009
Jkt 059194
PO 00001
Frm 00119
Fmt 6580
Sfmt 6581
M:\STATUTES\2007\59194PT1.001
APPS10
PsN: 59194PT1
dkrause on GSDDPC44 with PUBLAW
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 popu-
lations. 
(5) Iraqis must reach political and economic settlements 
in order to achieve reconciliation, for there is no military solu-
tion. 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 Presi-
dency 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 over-
sight responsibilities. 
(b) CONDITIONING
OF FUTURE UNITED STATES STRATEGY
IN 
IRAQ ON THE IRAQI GOVERNMENT’S RECORD OF PERFORMANCE ON 
ITS BENCHMARKS.— 
(1) IN GENERAL.— 
VerDate Aug 31 2005 
13:52 Jan 23, 2009
Jkt 059194
PO 00001
Frm 00120
Fmt 6580
Sfmt 6581
M:\STATUTES\2007\59194PT1.001
APPS10
PsN: 59194PT1
dkrause on GSDDPC44 with PUBLAW
121 STAT. 123 
PUBLIC LAW 110–28—MAY 25, 2007 
(A) The United States strategy in Iraq, hereafter, shall 
be conditioned on the Iraqi government meeting bench-
marks, 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 de- 
Baathification. 
(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 imple-
menting 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 estab-
lishing 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 estab-
lishing 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, eco-
nomic, and services committees in support of the Bagh-
dad Security Plan. 
(ix) Providing three trained and ready Iraqi bri-
gades to support Baghdad operations. 
(x) Providing Iraqi commanders with all authori-
ties to execute this plan and to make tactical and 
operational decisions, in consultation with U.S com-
manders, 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, regard-
less 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. 
VerDate Aug 31 2005 
13:52 Jan 23, 2009
Jkt 059194
PO 00001
Frm 00121
Fmt 6580
Sfmt 6581
M:\STATUTES\2007\59194PT1.001
APPS10
PsN: 59194PT1
dkrause on GSDDPC44 with PUBLAW
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 aforemen-
tioned 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, Multi- 
National 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 Presi-
dent 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 rel-
evant 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 Presi-
dent 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. 
VerDate Aug 31 2005 
13:52 Jan 23, 2009
Jkt 059194
PO 00001
Frm 00122
Fmt 6580
Sfmt 6581
M:\STATUTES\2007\59194PT1.001
APPS10
PsN: 59194PT1
dkrause on GSDDPC44 with PUBLAW
121 STAT. 125 
PUBLIC LAW 110–28—MAY 25, 2007 
(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 prov-
inces in the next 12 to 18 months, and bringing an 
end to sectarian violence to achieve national reconcili-
ation. 
(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 enact-
ment 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 Commit-
tees on Armed Services, Appropriations, Foreign Relations/ 
International Relations, and Intelligence. 
President. 
Certification. 
VerDate Aug 31 2005 
13:52 Jan 23, 2009
Jkt 059194
PO 00001
Frm 00123
Fmt 6580
Sfmt 6581
M:\STATUTES\2007\59194PT1.001
APPS10
PsN: 59194PT1
dkrause on GSDDPC44 with PUBLAW
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 Nonprolifera-
tion’’, $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: Pro-
vided, 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 coordi-
nated 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 Representa-
tives 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 perma-
nent 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 Sep-
tember 30, 2008: Provided, That notwithstanding any other provi-
sion 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. 
VerDate Aug 31 2005 
13:52 Jan 23, 2009
Jkt 059194
PO 00001
Frm 00124
Fmt 6580
Sfmt 6581
M:\STATUTES\2007\59194PT1.001
APPS10
PsN: 59194PT1
dkrause on GSDDPC44 with PUBLAW
121 STAT. 127 
PUBLIC LAW 110–28—MAY 25, 2007 
MILITARY CONSTRUCTION, AIR FORCE 
For an additional amount for ‘‘Military Construction, Air Force’’, 
$43,300,000, to remain available until September 30, 2008: Pro-
vided, 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 Commit-
tees 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 Pro-
grams’’, $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’’ appro-
priations account, to be available only for terrorism rewards. 
Expenditure 
plan. 
Deadline. 
Reports. 
Reports. 
VerDate Aug 31 2005 
13:52 Jan 23, 2009
Jkt 059194
PO 00001
Frm 00125
Fmt 6580
Sfmt 6581
M:\STATUTES\2007\59194PT1.001
APPS10
PsN: 59194PT1
dkrause on GSDDPC44 with PUBLAW
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 Oper-
ations’’ 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 Pro-
grams 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 ‘‘Millen-
nium 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 Appropria-
tions. 
Notification. 
President. 
Reports. 
Avian influenza. 
VerDate Aug 31 2005 
13:52 Jan 23, 2009
Jkt 059194
PO 00001
Frm 00126
Fmt 6580
Sfmt 6581
M:\STATUTES\2007\59194PT1.001
APPS10
PsN: 59194PT1
dkrause on GSDDPC44 with PUBLAW
121 STAT. 129 
PUBLIC LAW 110–28—MAY 25, 2007 
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: Pro-
vided, That of the funds appropriated under this heading, 
$57,400,000 shall be made available to nongovernmental organiza-
tions in Iraq for economic and social development programs and 
activities in areas of conflict: Provided further, That the responsi-
bility 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 pro-
grams 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. 
VerDate Aug 31 2005 
09:59 Jan 26, 2009
Jkt 059194
PO 00001
Frm 00127
Fmt 6580
Sfmt 6581
M:\STATUTES\2007\59194PT1.001
APPS10
PsN: 59194PT1
dkrause on GSDDPC44 with PUBLAW
121 STAT. 130 
PUBLIC LAW 110–28—MAY 25, 2007 
long-term strategy, with goals and expected results, for strength-
ening 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 Ref-
ugee and Migration Assistance Fund’’, $30,000,000, to remain avail-
able 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: Pro-
vided, That not later than 30 days after enactment of this Act 
and every 30 days thereafter until September 30, 2008, the Sec-
retary of State shall submit a report to the Committees on Appro-
priations 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. 
VerDate Aug 31 2005 
13:52 Jan 23, 2009
Jkt 059194
PO 00001
Frm 00128
Fmt 6580
Sfmt 6581
M:\STATUTES\2007\59194PT1.001
APPS10
PsN: 59194PT1
dkrause on GSDDPC44 with PUBLAW
121 STAT. 131 
PUBLIC LAW 110–28—MAY 25, 2007 
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 Authori-
ties Act of 1956 (22 U.S.C. 2680), section 313 of the Foreign Rela-
tions 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 unre-
covered 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. 
VerDate Aug 31 2005 
13:52 Jan 23, 2009
Jkt 059194
PO 00001
Frm 00129
Fmt 6580
Sfmt 6581
M:\STATUTES\2007\59194PT1.001
APPS10
PsN: 59194PT1
dkrause on GSDDPC44 with PUBLAW
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 con-
ference 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. 
VerDate Aug 31 2005 
13:52 Jan 23, 2009
Jkt 059194
PO 00001
Frm 00130
Fmt 6580
Sfmt 6581
M:\STATUTES\2007\59194PT1.001
APPS10
PsN: 59194PT1
dkrause on GSDDPC44 with PUBLAW
121 STAT. 133 
PUBLIC LAW 110–28—MAY 25, 2007 
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 equip-
ment, 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 appro-
priation 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. 
VerDate Aug 31 2005 
09:59 Jan 26, 2009
Jkt 059194
PO 00001
Frm 00131
Fmt 6580
Sfmt 6581
M:\STATUTES\2007\59194PT1.001
APPS10
PsN: 59194PT1
dkrause on GSDDPC44 with PUBLAW
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: Pro-
vided, That the amount provided under this heading shall be avail-
able 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: Pro-
vided, That the amount provided under this heading shall be avail-
able 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: Pro-
vided, That the amount provided under this heading shall be avail-
able 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: Pro-
vided, That the amount provided under this heading shall be avail-
able 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: Pro-
vided, That the amount provided under this heading shall be avail-
able 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 
VerDate Aug 31 2005 
13:52 Jan 23, 2009
Jkt 059194
PO 00001
Frm 00132
Fmt 6580
Sfmt 6581
M:\STATUTES\2007\59194PT1.001
APPS10
PsN: 59194PT1
dkrause on GSDDPC44 with PUBLAW
121 STAT. 135 
PUBLIC LAW 110–28—MAY 25, 2007 
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 dis-
order 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 Restruc-
turing 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 Hurri-
canes 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 Sec-
retary of Defense shall submit to the congressional defense commit-
tees 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 commit-
tees 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, 
VerDate Aug 31 2005 
13:52 Jan 23, 2009
Jkt 059194
PO 00001
Frm 00133
Fmt 6580
Sfmt 6581
M:\STATUTES\2007\59194PT1.001
APPS10
PsN: 59194PT1
dkrause on GSDDPC44 with PUBLAW
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, re-
programming, or allocation from other headings in prior 
appropriations Acts, including estimates by the com-
manders referred to in paragraph (1) of the costs to com-
plete 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 mainte-
nance 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: Pro-
vided, 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. 
VerDate Aug 31 2005 
13:52 Jan 23, 2009
Jkt 059194
PO 00001
Frm 00134
Fmt 6580
Sfmt 6581
M:\STATUTES\2007\59194PT1.001
APPS10
PsN: 59194PT1
dkrause on GSDDPC44 with PUBLAW
121 STAT. 137 
PUBLIC LAW 110–28—MAY 25, 2007 
of a death gratuity under subsection (a) or (d) dies before 
the person’’; and 
(3) by inserting after subsection (c) the following new sub-
section (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 PER-
SONNEL, 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 Depart-
ment of Defense as follows: 
(A) Each military medical treatment facility. 
(B) Each military quarters housing medical hold per-
sonnel. 
(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 quar-
ters, as applicable, not less often than once every 180 
days until the deficiency is corrected. 
(2) CONSTRUCTION WITH OTHER INSPECTIONS.—An inspec-
tion 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. 
VerDate Aug 31 2005 
13:52 Jan 23, 2009
Jkt 059194
PO 00001
Frm 00135
Fmt 6580
Sfmt 6581
M:\STATUTES\2007\59194PT1.001
APPS10
PsN: 59194PT1
dkrause on GSDDPC44 with PUBLAW
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 facili-
ties, 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 congres-
sional 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, mili-
tary quarters housing medical hold personnel, or military quar-
ters housing medical holdover personnel, as applicable, that 
meet— 
(A) acceptable standards for the maintenance and oper-
ation 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 Construc-
tion, 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, Defense- 
Wide’’ to make grants and supplement other Federal funds to pro-
vide 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 per-
forming 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. 
VerDate Aug 31 2005 
13:52 Jan 23, 2009
Jkt 059194
PO 00001
Frm 00136
Fmt 6580
Sfmt 6581
M:\STATUTES\2007\59194PT1.001
APPS10
PsN: 59194PT1
dkrause on GSDDPC44 with PUBLAW
121 STAT. 139 
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 Nonprolifera-
tion’’, $72,000,000 is provided for the International Nuclear Mate-
rials 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 activi-
ties. 
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 Appro-
priations 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 sup-
port 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. 
VerDate Aug 31 2005 
13:52 Jan 23, 2009
Jkt 059194
PO 00001
Frm 00137
Fmt 6580
Sfmt 6581
M:\STATUTES\2007\59194PT1.001
APPS10
PsN: 59194PT1
dkrause on GSDDPC44 with PUBLAW
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 Sec-
retary 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 explo-
sives 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. 
VerDate Aug 31 2005 
13:52 Jan 23, 2009
Jkt 059194
PO 00001
Frm 00138
Fmt 6580
Sfmt 6581
M:\STATUTES\2007\59194PT1.001
APPS10
PsN: 59194PT1
dkrause on GSDDPC44 with PUBLAW
121 STAT. 141 
PUBLIC LAW 110–28—MAY 25, 2007 
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 detec-
tion 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 Transpor-
tation 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 Sep-
tember 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 implementa-
tion 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 Appropria-
tions 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 Appropria-
tions of the Senate and the House of Representatives receive a 
plan for expenditure. 
Assessment. 
Deadline. 
Reports. 
Deadline. 
Expenditure 
plan. 
Deadline. 
Reports. 
Deadline. 
Expenditure 
plan. 
VerDate Aug 31 2005 
13:52 Jan 23, 2009
Jkt 059194
PO 00001
Frm 00139
Fmt 6580
Sfmt 6581
M:\STATUTES\2007\59194PT1.001
APPS10
PsN: 59194PT1
dkrause on GSDDPC44 with PUBLAW
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 Fed-
eral 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 inter-
state 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 Oper-
ations’’ 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 transpor-
tation, 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 oper-
ation and maintenance training on detection and response equip-
ment 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. 
VerDate Aug 31 2005 
13:52 Jan 23, 2009
Jkt 059194
PO 00001
Frm 00140
Fmt 6580
Sfmt 6581
M:\STATUTES\2007\59194PT1.001
APPS10
PsN: 59194PT1
dkrause on GSDDPC44 with PUBLAW
121 STAT. 143 
PUBLIC LAW 110–28—MAY 25, 2007 
UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES 
For an additional amount for expenses of ‘‘United States Citi-
zenship 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, Acquisi-
tion, 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 radi-
ation 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 deploy-
ment 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 Mon-
itors 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 oper-
ational 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. 
VerDate Aug 31 2005 
13:52 Jan 23, 2009
Jkt 059194
PO 00001
Frm 00141
Fmt 6580
Sfmt 6581
M:\STATUTES\2007\59194PT1.001
APPS10
PsN: 59194PT1
dkrause on GSDDPC44 with PUBLAW
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 main-
tain 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. 
VerDate Aug 31 2005 
09:59 Jan 26, 2009
Jkt 059194
PO 00001
Frm 00142
Fmt 6580
Sfmt 6581
M:\STATUTES\2007\59194PT1.001
APPS10
PsN: 59194PT1
dkrause on GSDDPC44 with PUBLAW
121 STAT. 145 
PUBLIC LAW 110–28—MAY 25, 2007 
proposed reorganization and relocation to the Committees on Appro-
priations and Armed Services of the Senate and House of Represent-
atives. 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 Pennsyl-
vania National Guard and other Department of Defense compo-
nents, 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 Pro-
grams’’, $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 Manage-
ment and Budget shall apportion $15,000,000 from amounts appro-
priated 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. 
VerDate Aug 31 2005 
13:52 Jan 23, 2009
Jkt 059194
PO 00001
Frm 00143
Fmt 6580
Sfmt 6581
M:\STATUTES\2007\59194PT1.001
APPS10
PsN: 59194PT1
dkrause on GSDDPC44 with PUBLAW
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 Sep-
tember 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. 
VerDate Aug 31 2005 
13:52 Jan 23, 2009
Jkt 059194
PO 00001
Frm 00144
Fmt 6580
Sfmt 6581
M:\STATUTES\2007\59194PT1.001
APPS10
PsN: 59194PT1
dkrause on GSDDPC44 with PUBLAW
121 STAT. 147 
PUBLIC LAW 110–28—MAY 25, 2007 
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 Ref-
ugee and Migration Assistance Fund’’, $25,000,000, to remain avail-
able 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 Pro-
gram’’, $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: Pro-
vided, 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 Supple-
mental 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 ASSIST-
ANCE 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. 
VerDate Aug 31 2005 
13:52 Jan 23, 2009
Jkt 059194
PO 00001
Frm 00145
Fmt 6580
Sfmt 6581
M:\STATUTES\2007\59194PT1.001
APPS10
PsN: 59194PT1
dkrause on GSDDPC44 with PUBLAW
121 STAT. 148 
PUBLIC LAW 110–28—MAY 25, 2007 
upon by the United States and the Government of Lebanon pursu-
ant to the Memorandum of Understanding on cash transfer assist-
ance 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 mili-
tary 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 Pro-
grams’’, 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 notwith-
standing section 534(a) of Public Law 109–102, which is made 
applicable to funds appropriated for fiscal year 2007 by the Con-
tinuing 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 Develop-
ment 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, 
VerDate Aug 31 2005 
13:52 Jan 23, 2009
Jkt 059194
PO 00001
Frm 00146
Fmt 6580
Sfmt 6581
M:\STATUTES\2007\59194PT1.001
APPS10
PsN: 59194PT1
dkrause on GSDDPC44 with PUBLAW
121 STAT. 149 
PUBLIC LAW 110–28—MAY 25, 2007 
funding, and programming decisions regarding funds made avail-
able 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 per-
sonnel 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 per-
sonal 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 activi-
ties in the amounts contained in the respective tables and should 
be expended consistent with the reporting requirements and direc-
tives 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 Inter-
national Development’’. 
Contracts. 
VerDate Aug 31 2005 
13:52 Jan 23, 2009
Jkt 059194
PO 00001
Frm 00147
Fmt 6580
Sfmt 6581
M:\STATUTES\2007\59194PT1.001
APPS10
PsN: 59194PT1
dkrause on GSDDPC44 with PUBLAW
121 STAT. 150 
PUBLIC LAW 110–28—MAY 25, 2007 
‘‘Operating Expenses of the United States Agency for Inter-
national 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 con-
tained 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 Appropria-
tions. 
CONDITIONS ON ASSISTANCE FOR PAKISTAN 
SEC. 3809. None of the funds made available for assistance 
for the central Government of Pakistan under the heading ‘‘Eco-
nomic Support Fund’’ in this Act may be made available for non- 
project assistance until the Secretary of State submits to the 
Committees on Appropriations a report on the oversight mecha-
nisms, 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 
Act of Congress: Provided further, That funds made available for 
Notification. 
Notification. 
Reports. 
Deadline. 
Reports. 
VerDate Aug 31 2005 
09:59 Jan 26, 2009
Jkt 059194
PO 00001
Frm 00148
Fmt 6580
Sfmt 6581
M:\STATUTES\2007\59194PT1.001
APPS10
PsN: 59194PT1
dkrause on GSDDPC44 with PUBLAW
121 STAT. 151 
PUBLIC LAW 110–28—MAY 25, 2007 
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. 
VerDate Aug 31 2005 
13:52 Jan 23, 2009
Jkt 059194
PO 00001
Frm 00149
Fmt 6580
Sfmt 6581
M:\STATUTES\2007\59194PT1.001
APPS10
PsN: 59194PT1
dkrause on GSDDPC44 with PUBLAW
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 Enforce-
ment 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, notwith-
standing 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 Facili-
ties’’, for necessary expenses related to the consequences of Hurri-
canes 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 
VerDate Aug 31 2005 
13:52 Jan 23, 2009
Jkt 059194
PO 00001
Frm 00150
Fmt 6580
Sfmt 6581
M:\STATUTES\2007\59194PT1.001
APPS10
PsN: 59194PT1
dkrause on GSDDPC44 with PUBLAW
121 STAT. 153 
PUBLIC LAW 110–28—MAY 25, 2007 
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 avail-
able 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 Emer-
gencies’’, as authorized by section 5 of the Act of August 18, 1941 
(33 U.S.C. 701n), for necessary expenses relating to the con-
sequences 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 Sec-
retary of the Army to carry out projects and measures for the 
West Bank and Vicinity and Lake Ponchartrain and Vicinity, Lou-
isiana, 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 Improve-
ments 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 agree-
ments 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 oper-
ation and maintenance of the project, except for damages due to 
the fault or negligence of the United States or its contractors: 
VerDate Aug 31 2005 
13:52 Jan 23, 2009
Jkt 059194
PO 00001
Frm 00151
Fmt 6580
Sfmt 6581
M:\STATUTES\2007\59194PT1.001
APPS10
PsN: 59194PT1
dkrause on GSDDPC44 with PUBLAW
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 Appro-
priations 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 deter-
mine 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 Sec-
retary 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 oper-
ational 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 com-
prehensive plan to deauthorize deep draft navigation on the Mis-
sissippi River Gulf Outlet: Provided, That the plan shall incorporate 
and build upon the Interim Mississippi River Gulf Outlet Deep- 
Reports. 
Deadline. 
Reports. 
Deadline. 
VerDate Aug 31 2005 
13:52 Jan 23, 2009
Jkt 059194
PO 00001
Frm 00152
Fmt 6580
Sfmt 6581
M:\STATUTES\2007\59194PT1.001
APPS10
PsN: 59194PT1
dkrause on GSDDPC44 with PUBLAW
121 STAT. 155 
PUBLIC LAW 110–28—MAY 25, 2007 
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. 
VerDate Aug 31 2005 
13:52 Jan 23, 2009
Jkt 059194
PO 00001
Frm 00153
Fmt 6580
Sfmt 6581
M:\STATUTES\2007\59194PT1.001
APPS10
PsN: 59194PT1
dkrause on GSDDPC44 with PUBLAW
121 STAT. 156 
PUBLIC LAW 110–28—MAY 25, 2007 
GENERAL PROVISIONS—THIS CHAPTER 
SEC. 4501. (a) IN GENERAL.—Notwithstanding any other provi-
sion of law, including any agreement, the Federal share of assist-
ance, 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 Supple-
mental 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. 
VerDate Aug 31 2005 
13:52 Jan 23, 2009
Jkt 059194
PO 00001
Frm 00154
Fmt 6580
Sfmt 6581
M:\STATUTES\2007\59194PT1.001
APPS10
PsN: 59194PT1
dkrause on GSDDPC44 with PUBLAW
121 STAT. 157 
PUBLIC LAW 110–28—MAY 25, 2007 
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 hurri-
canes of the 2005 season that were allocated to the State of Mis-
sissippi by the National Park Service, $500,000 is hereby trans-
ferred 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 destruc-
tion 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. 
VerDate Aug 31 2005 
13:52 Jan 23, 2009
Jkt 059194
PO 00001
Frm 00155
Fmt 6580
Sfmt 6581
M:\STATUTES\2007\59194PT1.001
APPS10
PsN: 59194PT1
dkrause on GSDDPC44 with PUBLAW
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 institu-
tions 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 resi-
dent directors, assistant directors, and other educators who pre-
viously 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 dem-
onstrated track record in recruiting and retaining outstanding 
teachers and other school-based school principals, assistant prin-
cipals, 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. 
VerDate Aug 31 2005 
13:52 Jan 23, 2009
Jkt 059194
PO 00001
Frm 00156
Fmt 6580
Sfmt 6581
M:\STATUTES\2007\59194PT1.001
APPS10
PsN: 59194PT1
dkrause on GSDDPC44 with PUBLAW
121 STAT. 159 
PUBLIC LAW 110–28—MAY 25, 2007 
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 percent-
ages 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 deter-
mined 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 organiza-
tions, 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 Edu-
cation 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 compen-
sating new and current teachers, school principals, assistant prin-
cipals, principal resident directors, assistant directors, and other 
educators for school-based positions in public elementary and sec-
ondary 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 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; (3) the establishment of partnerships 
with nonprofit entities with a demonstrated track record in 
Deadlines. 
Performance 
plan. 
Notification. 
VerDate Aug 31 2005 
13:52 Jan 23, 2009
Jkt 059194
PO 00001
Frm 00157
Fmt 6580
Sfmt 6581
M:\STATUTES\2007\59194PT1.001
APPS10
PsN: 59194PT1
dkrause on GSDDPC44 with PUBLAW
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 Secu-
rity 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, Ala-
bama, 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 avail-
able 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 Lou-
isiana, 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. 
VerDate Aug 31 2005 
13:52 Jan 23, 2009
Jkt 059194
PO 00001
Frm 00158
Fmt 6580
Sfmt 6581
M:\STATUTES\2007\59194PT1.001
APPS10
PsN: 59194PT1
dkrause on GSDDPC44 with PUBLAW
121 STAT. 161 
PUBLIC LAW 110–28—MAY 25, 2007 
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. 
VerDate Aug 31 2005 
09:59 Jan 26, 2009
Jkt 059194
PO 00001
Frm 00159
Fmt 6580
Sfmt 6581
M:\STATUTES\2007\59194PT1.001
APPS10
PsN: 59194PT1
dkrause on GSDDPC44 with PUBLAW
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 Contribu-
tions 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 Vet-
erans 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 addi-
tion, 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 Emer-
gency Assistance Act, 42 U.S.C. 5121–5206 (the Stafford Act), 
declared during fiscal year 2007 for events occurring before the 
119 Stat. 2781. 
VerDate Aug 31 2005 
13:52 Jan 23, 2009
Jkt 059194
PO 00001
Frm 00160
Fmt 6580
Sfmt 6581
M:\STATUTES\2007\59194PT1.001
APPS10
PsN: 59194PT1
dkrause on GSDDPC44 with PUBLAW
121 STAT. 163 
PUBLIC LAW 110–28—MAY 25, 2007 
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 Facili-
ties’’, $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 assist-
ance for the commercial fishery failure designated under section 
312(a) of the Magnuson-Stevens Fishery Conservation and Manage-
ment 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 cov-
ered 
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 hurri-
canes 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 Emer-
gencies’’, 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 emer-
gencies 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. 
VerDate Aug 31 2005 
09:59 Jan 26, 2009
Jkt 059194
PO 00001
Frm 00161
Fmt 6580
Sfmt 6581
M:\STATUTES\2007\59194PT1.001
APPS10
PsN: 59194PT1
dkrause on GSDDPC44 with PUBLAW
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 assist-
ance. 
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 assist-
ance: 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 Appro-
priations 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 wild-
fire 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, tar-
geted surveillance in live wild birds, and targeted surveillance 
in hunter-taken birds, $7,398,000, to remain available until Sep-
tember 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. 
VerDate Aug 31 2005 
13:52 Jan 23, 2009
Jkt 059194
PO 00001
Frm 00162
Fmt 6580
Sfmt 6581
M:\STATUTES\2007\59194PT1.001
APPS10
PsN: 59194PT1
dkrause on GSDDPC44 with PUBLAW
121 STAT. 165 
PUBLIC LAW 110–28—MAY 25, 2007 
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 surveil-
lance 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 Appro-
priations 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 wild-
fire 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 prac-
ticable, 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 appro-
priated. 
Notification. 
VerDate Aug 31 2005 
13:52 Jan 23, 2009
Jkt 059194
PO 00001
Frm 00163
Fmt 6580
Sfmt 6581
M:\STATUTES\2007\59194PT1.001
APPS10
PsN: 59194PT1
dkrause on GSDDPC44 with PUBLAW
121 STAT. 166 
PUBLIC LAW 110–28—MAY 25, 2007 
(c) Titles II and III of Public Law 106–393 are amended, effec-
tive 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, Dis-
ease 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 labora-
tories: Provided, That progress reports on technology development 
shall be submitted to the House and Senate Committees on Appro-
priations 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, Dis-
ease 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 avail-
able 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 pursu-
ant 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. 
VerDate Aug 31 2005 
13:52 Jan 23, 2009
Jkt 059194
PO 00001
Frm 00164
Fmt 6580
Sfmt 6581
M:\STATUTES\2007\59194PT1.001
APPS10
PsN: 59194PT1
dkrause on GSDDPC44 with PUBLAW
121 STAT. 167 
PUBLIC LAW 110–28—MAY 25, 2007 
shall be available for Safe and Drug-Free Schools National Pro-
grams 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 Appro-
priations for Recovery from and Response to Terrorist Attacks on 
the United States Act, 2002 (Public Law 107–117) to the Depart-
ment 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 construc-
tion, 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 appro-
priated 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. 
VerDate Aug 31 2005 
13:52 Jan 23, 2009
Jkt 059194
PO 00001
Frm 00165
Fmt 6580
Sfmt 6581
M:\STATUTES\2007\59194PT1.001
APPS10
PsN: 59194PT1
dkrause on GSDDPC44 with PUBLAW
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 vet-
erans; 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 Depart-
ment of Veterans Affairs Facility Condition Assessment report: 
Provided, That the amount provided under this heading for non- 
recurring 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 mainte-
nance prior to obligation: Provided further, That semi-annually, 
on October 1 and April 1, the Secretary shall submit to the Commit-
tees 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. 
VerDate Aug 31 2005 
13:52 Jan 23, 2009
Jkt 059194
PO 00001
Frm 00166
Fmt 6580
Sfmt 6581
M:\STATUTES\2007\59194PT1.001
APPS10
PsN: 59194PT1
dkrause on GSDDPC44 with PUBLAW
121 STAT. 169 
PUBLIC LAW 110–28—MAY 25, 2007 
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, appro-
priations made by Public Law 110–5, which the Secretary of Vet-
erans 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. 
VerDate Aug 31 2005 
13:52 Jan 23, 2009
Jkt 059194
PO 00001
Frm 00167
Fmt 6580
Sfmt 6581
M:\STATUTES\2007\59194PT1.001
APPS10
PsN: 59194PT1
dkrause on GSDDPC44 with PUBLAW
121 STAT. 170 
PUBLIC LAW 110–28—MAY 25, 2007 
made available for environmental cleanup of sites under the juris-
diction 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 Sep-
tember 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. 
VerDate Aug 31 2005 
13:52 Jan 23, 2009
Jkt 059194
PO 00001
Frm 00168
Fmt 6580
Sfmt 6581
M:\STATUTES\2007\59194PT1.001
APPS10
PsN: 59194PT1
dkrause on GSDDPC44 with PUBLAW
121 STAT. 171 
PUBLIC LAW 110–28—MAY 25, 2007 
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 govern-
mental 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 Fed-
eral 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 Reso-
lution, 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 Appro-
priations 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 Reso-
lution, 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. 
VerDate Aug 31 2005 
13:52 Jan 23, 2009
Jkt 059194
PO 00001
Frm 00169
Fmt 6580
Sfmt 6581
M:\STATUTES\2007\59194PT1.001
APPS10
PsN: 59194PT1
dkrause on GSDDPC44 with PUBLAW
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 enact-
ment 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 busi-
ness 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 Gen-
eral 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 Adminis-
tration, ‘‘Office of Inspector General’’, $4,500,000, to remain avail-
able 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 sup-
port. 
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. 
VerDate Aug 31 2005 
13:52 Jan 23, 2009
Jkt 059194
PO 00001
Frm 00170
Fmt 6580
Sfmt 6581
M:\STATUTES\2007\59194PT1.001
APPS10
PsN: 59194PT1
dkrause on GSDDPC44 with PUBLAW
121 STAT. 173 
PUBLIC LAW 110–28—MAY 25, 2007 
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’’ appropria-
tion, 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 fol-
lowing: 
(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 sub-
section (b) for lead asset production or the implementation 
of a major design change shall be entered into unless an inde-
pendent third party with no financial interest in the develop-
ment, 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 Sys-
tems 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. 
VerDate Aug 31 2005 
13:52 Jan 23, 2009
Jkt 059194
PO 00001
Frm 00171
Fmt 6580
Sfmt 6581
M:\STATUTES\2007\59194PT1.001
APPS10
PsN: 59194PT1
dkrause on GSDDPC44 with PUBLAW
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 con-
tract, 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 avail-
able 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 life- 
cycle 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 procure-
ment; 
(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, require-
ments, and guidelines, and incorporates the best systems 
acquisition management practices of the Federal Government; 
(7) complies with the capital planning and investment con-
trol 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 suffi-
cient 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 require-
ments 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 logis-
tics decisions pertaining to the Integrated Deepwater Systems 
program; and 
(11) identifies progress in complying with the requirements 
of subsection (a). 
Certification. 
Certification. 
VerDate Aug 31 2005 
13:52 Jan 23, 2009
Jkt 059194
PO 00001
Frm 00172
Fmt 6580
Sfmt 6581
M:\STATUTES\2007\59194PT1.001
APPS10
PsN: 59194PT1
dkrause on GSDDPC44 with PUBLAW
121 STAT. 175 
PUBLIC LAW 110–28—MAY 25, 2007 
(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 Transpor-
tation 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 Deep-
water 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 Appropria-
tions 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 construc-
tion 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 bal-
ances 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 Adminis-
tration’’; $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 Depart-
ment of Homeland Security shall provide to the Committees 
on Appropriations of the Senate and the House of Representa-
tives 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. 
VerDate Aug 31 2005 
13:52 Jan 23, 2009
Jkt 059194
PO 00001
Frm 00173
Fmt 6580
Sfmt 6581
M:\STATUTES\2007\59194PT1.001
APPS10
PsN: 59194PT1
dkrause on GSDDPC44 with PUBLAW
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 acquisi-
tion 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 Com-
mittee 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 Home-
land 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 regula-
tions 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 Depart-
ment 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 
by Public Law 110–5) is amended by inserting after the first dollar 
Ante, p. 27. 
Ante, p. 27. 
Deadline. 
Certification. 
Contracts. 
6 USC 396. 
VerDate Aug 31 2005 
09:59 Jan 26, 2009
Jkt 059194
PO 00001
Frm 00174
Fmt 6580
Sfmt 6581
M:\STATUTES\2007\59194PT1.001
APPS10
PsN: 59194PT1
dkrause on GSDDPC44 with PUBLAW
121 STAT. 177 
PUBLIC LAW 110–28—MAY 25, 2007 
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 author-
ized 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 Reso-
lution, 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 Reso-
lution, 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. 27. 
VerDate Aug 31 2005 
13:52 Jan 23, 2009
Jkt 059194
PO 00001
Frm 00175
Fmt 6580
Sfmt 6581
M:\STATUTES\2007\59194PT1.001
APPS10
PsN: 59194PT1
dkrause on GSDDPC44 with PUBLAW
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 Administra-
tion, Health Resources and Services’’ in the Continuing Appropria-
tions 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 Sec-
retary, 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. 
VerDate Aug 31 2005 
13:52 Jan 23, 2009
Jkt 059194
PO 00001
Frm 00176
Fmt 6580
Sfmt 6581
M:\STATUTES\2007\59194PT1.001
APPS10
PsN: 59194PT1
dkrause on GSDDPC44 with PUBLAW
121 STAT. 179 
PUBLIC LAW 110–28—MAY 25, 2007 
financing programs under section 4(b)(2)(D) of the Assistive Tech-
nology 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 Sec-
retary 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. 
VerDate Aug 31 2005 
13:52 Jan 23, 2009
Jkt 059194
PO 00001
Frm 00177
Fmt 6580
Sfmt 6581
M:\STATUTES\2007\59194PT1.001
APPS10
PsN: 59194PT1
dkrause on GSDDPC44 with PUBLAW
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 agree-
ment 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 partici-
pation 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 agree-
ment.’’. 
(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 main-
tained 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 agree-
ment, or participation in the plan by one or more employees 
of an employer that is signatory to such agreement, regard-
less of whether the plan was created, established, or main-
tained 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. 
VerDate Aug 31 2005 
09:59 Jan 26, 2009
Jkt 059194
PO 00001
Frm 00178
Fmt 6580
Sfmt 6581
M:\STATUTES\2007\59194PT1.001
APPS10
PsN: 59194PT1
dkrause on GSDDPC44 with PUBLAW
121 STAT. 181 
PUBLIC LAW 110–28—MAY 25, 2007 
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 Rev-
enue 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 estab-
lished 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. 
VerDate Aug 31 2005 
13:52 Jan 23, 2009
Jkt 059194
PO 00001
Frm 00179
Fmt 6580
Sfmt 6581
M:\STATUTES\2007\59194PT1.001
APPS10
PsN: 59194PT1
dkrause on GSDDPC44 with PUBLAW
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 Cali-
fornia, $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 Adminis-
tration 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 ‘‘sub-
section (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 ‘‘For-
eign 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. 
VerDate Aug 31 2005 
13:52 Jan 23, 2009
Jkt 059194
PO 00001
Frm 00180
Fmt 6580
Sfmt 6581
M:\STATUTES\2007\59194PT1.001
APPS10
PsN: 59194PT1
dkrause on GSDDPC44 with PUBLAW
121 STAT. 183 
PUBLIC LAW 110–28—MAY 25, 2007 
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 Transpor-
tation shall transmit to Congress and the Secretary of Transpor-
tation a report verifying compliance with each of the require-
ments 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 car-
rier 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. 
VerDate Aug 31 2005 
13:52 Jan 23, 2009
Jkt 059194
PO 00001
Frm 00181
Fmt 6580
Sfmt 6581
M:\STATUTES\2007\59194PT1.001
APPS10
PsN: 59194PT1
dkrause on GSDDPC44 with PUBLAW
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 suffi-
cient opportunity for public notice and comment— 
(i) comprehensive data and information on the pre- 
authorization 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 Transpor-
tation will accept compliance with a corresponding 
Mexican law or regulation as the equivalent to compli-
ance 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 sub-
section (a), the Inspector General of the Department of Transpor-
tation 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 suffi-
cient 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 ade-
quate 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 municipali-
ties 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 haz-
ardous 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. 
VerDate Aug 31 2005 
13:52 Jan 23, 2009
Jkt 059194
PO 00001
Frm 00182
Fmt 6580
Sfmt 6581
M:\STATUTES\2007\59194PT1.001
APPS10
PsN: 59194PT1
dkrause on GSDDPC44 with PUBLAW
121 STAT. 185 
PUBLIC LAW 110–28—MAY 25, 2007 
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 oper-
ations. 
SEC. 6902. Funds provided for the ‘‘National Transportation 
Safety Board, Salaries and Expenses’’ in section 21031 of the Con-
tinuing Appropriations Resolution, 2007 (division B of Public Law 
109–289, as amended by Public Law 110–5) include amounts nec-
essary 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 bal-
ances, 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 agen-
cies 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), assist-
ance 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 subpara-
graphs (C) and (D) of such section shall not apply to such extensions 
or renewals.’’. 
42 USC 1437f 
note. 
Ante, p. 51. 
VerDate Aug 31 2005 
13:52 Jan 23, 2009
Jkt 059194
PO 00001
Frm 00183
Fmt 6580
Sfmt 6581
M:\STATUTES\2007\59194PT1.001
APPS10
PsN: 59194PT1
dkrause on GSDDPC44 with PUBLAW
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 EXPENDI-
TURES.—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 subpara-
graph (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 redistrib-
uted 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’’; 
VerDate Aug 31 2005 
13:52 Jan 23, 2009
Jkt 059194
PO 00001
Frm 00184
Fmt 6580
Sfmt 6581
M:\STATUTES\2007\59194PT1.001
APPS10
PsN: 59194PT1
dkrause on GSDDPC44 with PUBLAW
121 STAT. 187 
PUBLIC LAW 110–28—MAY 25, 2007 
(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 ‘‘redistribu-
tions’’; and 
(B) by striking ‘‘and (3)’’ and inserting ‘‘(3), and (4)’’. 
SEC. 7002. (a) PROHIBITION.— 
(1) LIMITATION
ON
SECRETARIAL
AUTHORITY.—Notwith-
standing 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 con-
tained 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 prohib-
ited 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 assist-
ance 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.’’. 
VerDate Aug 31 2005 
13:52 Jan 23, 2009
Jkt 059194
PO 00001
Frm 00185
Fmt 6580
Sfmt 6581
M:\STATUTES\2007\59194PT1.001
APPS10
PsN: 59194PT1
dkrause on GSDDPC44 with PUBLAW
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.—Not-
withstanding 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 para-
graph 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. 
VerDate Aug 31 2005 
13:52 Jan 23, 2009
Jkt 059194
PO 00001
Frm 00186
Fmt 6580
Sfmt 6581
M:\STATUTES\2007\59194PT1.001
APPS10
PsN: 59194PT1
dkrause on GSDDPC44 with PUBLAW
121 STAT. 189 
PUBLIC LAW 110–28—MAY 25, 2007 
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 sub-
section 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. 
VerDate Aug 31 2005 
13:52 Jan 23, 2009
Jkt 059194
PO 00001
Frm 00187
Fmt 6580
Sfmt 6581
M:\STATUTES\2007\59194PT1.001
APPS10
PsN: 59194PT1
dkrause on GSDDPC44 with PUBLAW
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 em-
ployee 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 Oppor-
tunity 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 allo-
cating and utilizing tax incentives provided pursuant to the Gulf Oppor-
tunity 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 ac-
counting 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 par-
ent’s income. 
Sec. 8242. Suspension of certain penalties and interest. 
Sec. 8243. Modification of collection due process procedures for employment tax li-
abilities. 
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. 
VerDate Aug 31 2005 
13:52 Jan 23, 2009
Jkt 059194
PO 00001
Frm 00188
Fmt 6580
Sfmt 6581
M:\STATUTES\2007\59194PT1.001
APPS10
PsN: 59194PT1
dkrause on GSDDPC44 with PUBLAW
121 STAT. 191 
PUBLIC LAW 110–28—MAY 25, 2007 
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 des-
ignated 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 sec-
tion 51(d)(1) is amended to read as follows: 
‘‘(D) a designated community resident,’’. 
(c) CLARIFICATION OF TREATMENT OF INDIVIDUALS UNDER INDI-
VIDUAL
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 imple-
mented by an employment network pursuant to sub-
section (g) of section 1148 of the Social Security Act 
with respect to which the requirements of such sub-
section 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. 
VerDate Aug 31 2005 
13:52 Jan 23, 2009
Jkt 059194
PO 00001
Frm 00189
Fmt 6580
Sfmt 6581
M:\STATUTES\2007\59194PT1.001
APPS10
PsN: 59194PT1
dkrause on GSDDPC44 with PUBLAW
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-con-
nected 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 unemploy-
ment 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 subpara-
graph: 
‘‘(C) OTHER
DEFINITIONS.—For purposes of subpara-
graph (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 sub-
section (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 begin-
ning 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 begin-
ning 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. 
VerDate Aug 31 2005 
13:52 Jan 23, 2009
Jkt 059194
PO 00001
Frm 00190
Fmt 6580
Sfmt 6581
M:\STATUTES\2007\59194PT1.001
APPS10
PsN: 59194PT1
dkrause on GSDDPC44 with PUBLAW
121 STAT. 193 
PUBLIC LAW 110–28—MAY 25, 2007 
(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 sub-
section (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 part-
nership, 
‘‘(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 sub-
section.’’. 
(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. 
VerDate Aug 31 2005 
13:52 Jan 23, 2009
Jkt 059194
PO 00001
Frm 00191
Fmt 6580
Sfmt 6581
M:\STATUTES\2007\59194PT1.001
APPS10
PsN: 59194PT1
dkrause on GSDDPC44 with PUBLAW
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 para-
graph: 
‘‘(17) notwithstanding the preceding provisions of this sub-
section, 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 para-
graph: 
‘‘(16) Notwithstanding the preceding provisions of this sub-
section, 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 subpara-
graph (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 para-
graph (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 alloca-
tion 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. 
VerDate Aug 31 2005 
13:52 Jan 23, 2009
Jkt 059194
PO 00001
Frm 00192
Fmt 6580
Sfmt 6581
M:\STATUTES\2007\59194PT1.001
APPS10
PsN: 59194PT1
dkrause on GSDDPC44 with PUBLAW
121 STAT. 195 
PUBLIC LAW 110–28—MAY 25, 2007 
(b) EXTENSION OF PERIOD FOR TREATING GO ZONES AS DIF-
FICULT 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 SUB-
SIDIZED.—Subsection (c) of section 1400N (relating to low-income 
housing credit), as amended by this Act, is amended by redesig-
nating paragraph (6) as paragraph (7) and by inserting after para-
graph (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 reconstruc-
tion 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 destruc-
tion) 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. 
VerDate Aug 31 2005 
13:52 Jan 23, 2009
Jkt 059194
PO 00001
Frm 00193
Fmt 6580
Sfmt 6581
M:\STATUTES\2007\59194PT1.001
APPS10
PsN: 59194PT1
dkrause on GSDDPC44 with PUBLAW
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 sub-
section (b), hold a public hearing to review such findings. 
Subpart C—Subchapter S Provisions 
SEC. 8231. CAPITAL GAIN OF S CORPORATION NOT TREATED AS PAS-
SIVE 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 require-
ments 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. 
VerDate Aug 31 2005 
13:52 Jan 23, 2009
Jkt 059194
PO 00001
Frm 00194
Fmt 6580
Sfmt 6581
M:\STATUTES\2007\59194PT1.001
APPS10
PsN: 59194PT1
dkrause on GSDDPC44 with PUBLAW
121 STAT. 197 
PUBLIC LAW 110–28—MAY 25, 2007 
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 ‘pas-
sive 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 enact-
ment 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. 
VerDate Aug 31 2005 
13:52 Jan 23, 2009
Jkt 059194
PO 00001
Frm 00195
Fmt 6580
Sfmt 6581
M:\STATUTES\2007\59194PT1.001
APPS10
PsN: 59194PT1
dkrause on GSDDPC44 with PUBLAW
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 distribu- 
tion— 
‘‘(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 deter-
mining 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 CORPORA-
TION.—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. 
VerDate Aug 31 2005 
13:52 Jan 23, 2009
Jkt 059194
PO 00001
Frm 00196
Fmt 6580
Sfmt 6581
M:\STATUTES\2007\59194PT1.001
APPS10
PsN: 59194PT1
dkrause on GSDDPC44 with PUBLAW
121 STAT. 199 
PUBLIC LAW 110–28—MAY 25, 2007 
assumption by such corporation of all of its liabil-
ities) 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 ATTRIB-
UTABLE TO PRE-1983 YEARS FOR CERTAIN CORPORA-
TIONS. 
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 corpora-
tion 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 corpora-
tion.’’. 
(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 one- 
half of the amount of the individual’s support (within 
the meaning of section 152(c)(1)(D) after the applica-
tion of section 152(f)(5) (without regard to subpara-
graph (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 enact-
ment of this Act. 
26 USC 1 note. 
26 USC 641 note. 
26 USC 641. 
26 USC 1361 
note. 
26 USC 1361 
note. 
VerDate Aug 31 2005 
13:52 Jan 23, 2009
Jkt 059194
PO 00001
Frm 00197
Fmt 6580
Sfmt 6581
M:\STATUTES\2007\59194PT1.001
APPS10
PsN: 59194PT1
dkrause on GSDDPC44 with PUBLAW
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 PROCE-
DURES 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 para-
graph: 
‘‘(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. 
VerDate Aug 31 2005 
13:52 Jan 23, 2009
Jkt 059194
PO 00001
Frm 00198
Fmt 6580
Sfmt 6581
M:\STATUTES\2007\59194PT1.001
APPS10
PsN: 59194PT1
dkrause on GSDDPC44 with PUBLAW
121 STAT. 201 
PUBLIC LAW 110–28—MAY 25, 2007 
(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 pre-
parer’’, 
(II) by striking ‘‘each income tax return preparer’’ 
and inserting ‘‘each tax return preparer’’, and 
(III) by striking ‘‘another income tax return pre-
parer’’ 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 pre-
parers’’ and inserting ‘‘tax return preparers’’. 
(iv) Subpart F of part III of subchapter A of chapter 
61 is amended by striking ‘‘Income Tax Return Pre-
parers’’ in the heading and inserting ‘‘Tax Return Pre-
parers’’. 
(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. 
VerDate Aug 31 2005 
13:52 Jan 23, 2009
Jkt 059194
PO 00001
Frm 00199
Fmt 6580
Sfmt 6581
M:\STATUTES\2007\59194PT1.001
APPS10
PsN: 59194PT1
dkrause on GSDDPC44 with PUBLAW
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 pre-
parer’’, 
(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 pre-
parer’’. 
(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 pre-
parer’’, 
(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. 
VerDate Aug 31 2005 
13:52 Jan 23, 2009
Jkt 059194
PO 00001
Frm 00200
Fmt 6580
Sfmt 6581
M:\STATUTES\2007\59194PT1.001
APPS10
PsN: 59194PT1
dkrause on GSDDPC44 with PUBLAW
121 STAT. 203 
PUBLIC LAW 110–28—MAY 25, 2007 
(b) MODIFICATION OF PENALTY FOR UNDERSTATEMENT OF TAX-
PAYER’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 CON-
DUCT.— 
‘‘(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. 
VerDate Aug 31 2005 
13:52 Jan 23, 2009
Jkt 059194
PO 00001
Frm 00201
Fmt 6580
Sfmt 6581
M:\STATUTES\2007\59194PT1.001
APPS10
PsN: 59194PT1
dkrause on GSDDPC44 with PUBLAW
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 exces-
sive 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 Preven-
tion 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. 
VerDate Aug 31 2005 
13:52 Jan 23, 2009
Jkt 059194
PO 00001
Frm 00202
Fmt 6580
Sfmt 6581
M:\STATUTES\2007\59194PT1.001
APPS10
PsN: 59194PT1
dkrause on GSDDPC44 with PUBLAW
121 STAT. 205 
PUBLIC LAW 110–28—MAY 25, 2007 
‘‘(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 con-
tacts, 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 subpara-
graph (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 estab-
lish 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 pre-
pare 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 Entrepreneur-
ship 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’’. 
VerDate Aug 31 2005 
13:52 Jan 23, 2009
Jkt 059194
PO 00001
Frm 00203
Fmt 6580
Sfmt 6581
M:\STATUTES\2007\59194PT1.001
APPS10
PsN: 59194PT1
dkrause on GSDDPC44 with PUBLAW
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 estab-
lish 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 deter-
mine 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 para-
graph (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 appro-
priate by the State. 
(2) APPLICATION.—In order for a small business or consor-
tium 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. 
VerDate Aug 31 2005 
13:52 Jan 23, 2009
Jkt 059194
PO 00001
Frm 00204
Fmt 6580
Sfmt 6581
M:\STATUTES\2007\59194PT1.001
APPS10
PsN: 59194PT1
dkrause on GSDDPC44 with PUBLAW
121 STAT. 207 
PUBLIC LAW 110–28—MAY 25, 2007 
(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 require-
ments 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 stand-
ards. 
(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 responsi-
bility 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 assist-
ance 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 regula-
tion provide for an appeals process with respect to repay-
ments 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. 
VerDate Aug 31 2005 
13:52 Jan 23, 2009
Jkt 059194
PO 00001
Frm 00205
Fmt 6580
Sfmt 6581
M:\STATUTES\2007\59194PT1.001
APPS10
PsN: 59194PT1
dkrause on GSDDPC44 with PUBLAW
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 deter-
mine 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 Develop-
ment 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 pre-
ceding 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 ORGANIZA-
TIONS.—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. 
VerDate Aug 31 2005 
10:56 Jan 26, 2009
Jkt 059194
PO 00001
Frm 00206
Fmt 6580
Sfmt 6581
M:\STATUTES\2007\59194PT1.001
APPS10
PsN: 59194PT1
dkrause on GSDDPC44 with PUBLAW
121 STAT. 209 
PUBLIC LAW 110–28—MAY 25, 2007 
appears), (d)(3)(A) (the second place the term appears), and 
(i)(1)(A)(i). 
(3) STATE-LEVEL ACTIVITIES.—The term ‘‘State-level activi-
ties’’ 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 sub-
section (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 applica-
tion under this subsection and notify the applicant for 
each such application. 
‘‘(4) AWARD OF GRANTS.— 
‘‘(A) IN GENERAL.—Subject to the availability of appro-
priations, the Administrator shall make a grant for the 
Federal share of the cost of activities described in the 
Deadline. 
Deadline. 
VerDate Aug 31 2005 
13:52 Jan 23, 2009
Jkt 059194
PO 00001
Frm 00207
Fmt 6580
Sfmt 6581
M:\STATUTES\2007\59194PT1.001
APPS10
PsN: 59194PT1
dkrause on GSDDPC44 with PUBLAW
121 STAT. 210 
PUBLIC LAW 110–28—MAY 25, 2007 
application to each applicant approved under this sub-
section. 
‘‘(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 accom-
panied by such information as the Administrator may 
establish. 
‘‘(B) UNLIMITED RENEWALS.—There shall be no limita-
tion 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 dis-
close the name, address, or telephone number of any individual 
or small business concern receiving assistance under this sec-
tion without the consent of such individual or small business 
concern, unless— 
‘‘(A) the Administrator is ordered to make such a disclo-
sure 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 sub-
section 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 regula-
tions 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. 
VerDate Aug 31 2005 
13:52 Jan 23, 2009
Jkt 059194
PO 00001
Frm 00208
Fmt 6580
Sfmt 6581
M:\STATUTES\2007\59194PT1.001
APPS10
PsN: 59194PT1
dkrause on GSDDPC44 with PUBLAW
121 STAT. 211 
PUBLIC LAW 110–28—MAY 25, 2007 
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 fol-
lowing: 
‘‘(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 Com-
mittee 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 arti-
cles, materials, or supplies outside of the United States. 
‘‘(2) CONTENTS OF REPORT.—The report required by para-
graph (1) shall separately include, for the fiscal year covered 
by such report— 
‘‘(A) the dollar value of any articles, materials, or sup-
plies 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 sup-
plies outside the United States, the specific exception under 
this section that was used to purchase such articles, mate-
rials, or supplies; and 
‘‘(D) a summary of— 
‘‘(i) the total procurement funds expended on arti-
cles, materials, and supplies manufactured inside the 
United States; and 
‘‘(ii) the total procurement funds expended on arti-
cles, 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 sub-
section 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 
VerDate Aug 31 2005 
13:52 Jan 23, 2009
Jkt 059194
PO 00001
Frm 00209
Fmt 6580
Sfmt 6581
M:\STATUTES\2007\59194PT1.001
APPS10
PsN: 59194PT1
dkrause on GSDDPC44 with PUBLAW
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 Sec-
retary. 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 dam-
aging 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 pay-
ment 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 deter-
mined 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. 
VerDate Aug 31 2005 
13:52 Jan 23, 2009
Jkt 059194
PO 00001
Frm 00210
Fmt 6580
Sfmt 6581
M:\STATUTES\2007\59194PT1.001
APPS10
PsN: 59194PT1
dkrause on GSDDPC44 with PUBLAW
121 STAT. 213 
PUBLIC LAW 110–28—MAY 25, 2007 
(4) ELIGIBILITY.—For producers on a farm to be eligible 
to obtain a payment for a quality loss for a crop under sub-
section (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 des-
ignated in the contracts shall be eligible for quality loss assist-
ance 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 dis-
counts for reduced quality, as determined by the appropriate 
State committee of the Farm Service Agency. 
(7) QUALITY
ADJUSTMENTS
AND
DISCOUNTS.—The appro-
priate State committee of the Farm Service Agency shall iden-
tify 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 para-
graph (1), the Secretary shall include the following: 
(A) Any crop insurance payment made under the Fed-
eral 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 pro-
ducers on a farm shall not be eligible for assistance under this 
section with respect to losses to an insurable commodity or non-
insurable 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; 
VerDate Aug 31 2005 
13:52 Jan 23, 2009
Jkt 059194
PO 00001
Frm 00211
Fmt 6580
Sfmt 6581
M:\STATUTES\2007\59194PT1.001
APPS10
PsN: 59194PT1
dkrause on GSDDPC44 with PUBLAW
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 com-
modity under section 196 of the Federal Agriculture Improve-
ment 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 con-
servation 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 com-
modity’’ 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 appro-
priated to the Secretary of Agriculture such sums as are nec-
essary, 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 bliz-
zards that started in 2006 and continued into January 2007). 
However, the payment rate for compensation under this sub-
section 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 assist-
ance to any applicant that— 
(A) conducts a livestock operation that is located in 
a disaster county with eligible livestock specified in para-
graph (1) of section 1416.102(a) of title 7, Code of Federal 
Regulations (72 Fed. Reg. 6444), an animal described in 
Deadline. 
VerDate Aug 31 2005 
13:52 Jan 23, 2009
Jkt 059194
PO 00001
Frm 00212
Fmt 6580
Sfmt 6581
M:\STATUTES\2007\59194PT1.001
APPS10
PsN: 59194PT1
dkrause on GSDDPC44 with PUBLAW
121 STAT. 215 
PUBLIC LAW 110–28—MAY 25, 2007 
section 10806(a)(1) of the Farm Security and Rural Invest-
ment 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 Regula-
tions, 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 ‘‘nat-
ural 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 appro-
priated to the Secretary of Agriculture such sums as are nec-
essary, 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 
VerDate Aug 31 2005 
13:52 Jan 23, 2009
Jkt 059194
PO 00001
Frm 00213
Fmt 6580
Sfmt 6581
M:\STATUTES\2007\59194PT1.001
APPS10
PsN: 59194PT1
dkrause on GSDDPC44 with PUBLAW
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 ‘‘live-
stock’’ 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 ‘‘nat-
ural 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 assist-
ance 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— 
VerDate Aug 31 2005 
13:52 Jan 23, 2009
Jkt 059194
PO 00001
Frm 00214
Fmt 6580
Sfmt 6581
M:\STATUTES\2007\59194PT1.001
APPS10
PsN: 59194PT1
dkrause on GSDDPC44 with PUBLAW
121 STAT. 217 
PUBLIC LAW 110–28—MAY 25, 2007 
(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 promul-
gate such regulations as are necessary to implement sections 9001 
and 9002. 
(b) PROCEDURE.—The promulgation of the implementing regula-
tions 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 car-
rying 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 Agri-
culture may use the facilities, services, and authorities of the Com-
modity 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 Invest-
ment 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. 
VerDate Aug 31 2005 
13:52 Jan 23, 2009
Jkt 059194
PO 00001
Frm 00215
Fmt 6580
Sfmt 6581
M:\STATUTES\2007\59194PT1.001
APPS10
PsN: 59194PT1
dkrause on GSDDPC44 with PUBLAW
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. 
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 Sep-
tember 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 partici-
pated in a crop insurance pilot program or the Non-Insured Crop 
Disaster Assistance Program during the crop year for which com-
pensation 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. 
VerDate Aug 31 2005 
13:52 Jan 23, 2009
Jkt 059194
PO 00001
Frm 00216
Fmt 6580
Sfmt 6580
M:\STATUTES\2007\59194PT1.001
APPS10
PsN: 59194PT1
dkrause on GSDDPC44 with PUBLAW