59–008 

110TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 1st Session 110–168 

PROVIDING FOR CONSIDERATION OF THE SENATE AMENDMENT TO THE 

BILL (H.R. 2206) MAKING EMERGENCY SUPPLEMENTAL APPROPRIATIONS AND ADDITIONAL SUPPLEMENTAL APPROPRIATIONS FOR AGRICULTURAL AND OTHER EMERGENCY ASSISTANCE FOR THE FISCAL 

YEAR ENDING SEPTEMBER 30, 2007, AND FOR OTHER PURPOSES 

MAY 24 (legislative day, MAY 23), 2007.—Referred to the House Calendar and 

ordered to be printed 

Mrs. SLAUGHTER, from the Committee on Rules, 

submitted the following 

R E P O R T 

[To accompany H. Res. 438] 

The Committee on Rules, having had under consideration House 

Resolution 438, by a record vote of 8 to 4, report the same to the 

House with the recommendation that the resolution be adopted. 

SUMMARY OF PROVISIONS OF THE RESOLUTION

The resolution provides for the consideration of the Senate 

amendment to H.R. 2206. The resolution makes in order a motion 

by the Chairman of the Committee of Appropriations to concur in 

the Senate amendment with each of the two House amendments 

printed in this report. The rule waives all points of order against 

the motion and provides that the Senate amendment and the motion shall be considered as read. The rule provides one hour of debate on the motion equally divided and controlled by the chairman 

and ranking minority member of the Committee on Appropriations. 

The rule also provides that the Chair shall divide the question of 

adoption of the motion between the two House amendments and if 

both amendments are adopted, they will be engrossed into a single 

amendment to the Senate amendment to H.R. 2206. The rule provides that the Chair may postpone further consideration of the motion to a time designated by the Speaker. 

The rule further provides that during consideration in the Committee of the Whole of a bill making FY08 supplemental appropriations for military operations in Iraq or Afghanistan, before consideration of any other amendment, it shall be in order to consider an 

amendment only proposing to add to the bill the text of H.R. 2451. 

Such amendment shall be considered as read, shall not be amendable or divisible. All points of order against such amendment are 

waived except for clause 9 of rule XXI. The rule provides that secVerDate Aug 31 2005 23:59 May 25, 2007 Jkt 059008 PO 00000 Frm 00001 Fmt 6659 Sfmt 6602 E:\HR\OC\HR168.XXX HR168

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tion 4(a) of the resolution does not apply to a regular FY08 Department of Defense appropriations bill. 

EXPLANATION OF WAIVERS

The Committee is not aware of any points of order against the 

motion. The waiver of all points of order against the motion is prophylactic in nature. 

COMMITTEE VOTES

The results of each record vote on an amendment or motion to 

report, together with the names of those voting for and against, are 

printed below: 

Rules Committee record vote No. 213 

Date: May 24, 2007. 

Measure: H.R. 2206. 

Motion by: Mr. Dreier. 

Summary of motion: To amend the rule to allow a motion to 

strike anything defined as an earmark. 

Results: Defeated 4–8. 

Vote by Members: McGovern—Nay; Hastings (FL)—Nay; Matsui—Nay; Welch—Nay; Castor—Nay; Arcuri—Nay; Sutton—Nay; 

Dreier—Yea; Diaz-Balart—Yea; Hastings (WA)—Yea; Sessions— Yea; Slaughter—Nay. 

Rules Committee record vote No. 214 

Date: May 24, 2007. 

Measure: H.R. 2206. 

Motion by: Mr. Hastings (WA). 

Summary of motion: To make in order and provide the appropriate waivers for an amendment by Rep. Walden (OR), #3 to provide a five-year reauthorization and funding for the Secure Rural 

Schools and Community Self-Determination Act. 

Results: Defeated 4–8. 

Vote by Members: McGovern—Nay; Hastings (FL)—Nay; Matsui—Nay; Welch—Nay; Castor—Nay; Arcuri—Nay; Sutton—Nay; 

Dreier—Yea; Diaz-Balart—Yea; Hastings (WA)—Yea; Sessions— Yea; Slaughter—Nay. 

Rules Committee record vote No. 215 

Date: May 24, 2007. 

Measure: H.R. 2206. 

Motion by: Mr. Hastings (WA). 

Summary of motion: To make in order and provide the appropriate waivers for an amendment by Rep. Walden (OR), #5, to provide for a two-year extension of funding for the Secure Rural 

Schools and Community Self-Determination Act. 

Results: Defeated 4–8. 

Vote by Members: McGovern—Nay; Hastings (FL)—Nay; Matsui—Nay; Welch—Nay; Castor—Nay; Arcuri—Nay; Sutton—Nay; 

Dreier—Yea; Diaz-Balart—Yea; Hastings (WA)—Yea; Sessions—

Yea; Slaughter—Nay. 

Rules Committee record vote No. 216 

Date: May 24, 2007. 


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Measure: H.R. 2206. 

Motion by: Mr. McGovern. 

Summary of motion: To report the rule. 

Results: Adopted 8–4. 

Vote by Members: McGovern—Yea; Hastings (FL)—Yea; Matsui—Yea; Welch—Yea; Castor—Yea; Arcuri—Yea; Sutton—Yea; 

Dreier—Nay; Diaz-Balart—Nay; Hastings (WA)—Nay; Sessions—

Nay; Slaughter—Yea. 

SUMMARY OF THE HOUSE AMENDMENT #1 TO THE SENATE

AMENDMENT TO H.R. 2206 MADE IN ORDER UNDER THE RULE

• Funding and other items not requested by the President 

including funding for: Defense Health, Veterans Health, Base 

Realignment and Closure, Homeland Security, Gulf Coast recovery, and the State Children’s Health Insurance Program 

• An increase in the minimum wage 

• Small business tax cuts 

SUMMARY OF THE HOUSE AMENDMENT #2 TO THE SENATE

AMENDMENT TO H.R. 2206 MADE IN ORDER UNDER THE RULE

• The Warner language on Iraq, including benchmarks for 

success 

• Funding requested by the President for: the Department of 

Defense, State, and foreign operations, and Gulf Coast recovery 

TEXT OF THE HOUSE AMENDMENT NO. 1 TO THE SENATE AMENDMENT

TO H.R. 2206 MADE IN ORDER UNDER THE RULE

AMENDMENT 1 TO THE SENATE AMENDMENT TO H.R. 2206 

In lieu of the matter proposed to be inserted by the Senate 

amendment, insert the following: 

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—[RESERVED] 

TITLE II—[RESERVED] 

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

TITLE IV—ADDITIONAL HURRICANE DISASTER RELIEF AND RECOVERY 

TITLE V—OTHER EMERGENCY APPROPRIATIONS 

TITLE VI—OTHER MATTERS 

TITLE VII—ELIMINATION OF SCHIP SHORTFALL AND OTHER HEALTH 

MATTERS 

TITLE VIII—FAIR MINIMUM WAGE AND TAX RELIEF 

TITLE IX—AGRICULTURAL ASSISTANCE 

TITLE X—GENERAL PROVISIONS 

SEC. 3. STATEMENT OF APPROPRIATIONS. 

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

money in the Treasury not otherwise appropriated, for the fiscal 

year ending September 30, 2007. 


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TITLE I—[RESERVED] 

[The provisions of this title are reserved for possible additions 

through subsequent amendment.] 

TITLE II—[RESERVED] 

[The provisions of this title are reserved for possible additions 

through subsequent amendment.] 

TITLE III—ADDITIONAL DEFENSE, 

INTERNATIONAL AFFAIRS, AND 

HOMELAND SECURITY PROVISIONS 

CHAPTER 1 

DEPARTMENT OF AGRICULTURE 

FOREIGN AGRICULTURAL SERVICE

PUBLIC LAW 480 TITLE II GRANTS

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

during the current fiscal year, not otherwise recoverable, and unrecovered prior years’ costs, including interest thereon, under the Agricultural Trade Development and Assistance Act of 1954, for commodities supplied in connection with dispositions abroad under title 

II of said Act, $100,000,000, to remain available until expended. 

GENERAL PROVISION—THIS CHAPTER 

SEC. 3101. There is hereby appropriated $10,000,000 to reimburse the Commodity Credit Corporation for the release of eligible 

commodities under section 302(f)(2)(A) of the Bill Emerson Humanitarian Trust Act (7 U.S.C. 1736f–1): Provided, That any such 

funds made available to reimburse the Commodity Credit Corporation shall only be used to replenish the Bill Emerson Humanitarian 

Trust. 

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 


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

Justice, Office of the Inspector General’’. 

DRUG ENFORCEMENT ADMINISTRATION

SALARIES AND EXPENSES

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

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

GENERAL PROVISION—THIS CHAPTER 

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

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

shall be made available according to the language relating to such 

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

107). 

CHAPTER 3 

DEPARTMENT OF DEFENSE—MILITARY 

MILITARY PERSONNEL 

MILITARY PERSONNEL, ARMY

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

$343,080,000. 

MILITARY PERSONNEL, NAVY

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

$408,283,000. 

MILITARY PERSONNEL, MARINE CORPS

For an additional amount for ‘‘Military Personnel, Marine 

Corps’’, $108,956,000. 

MILITARY PERSONNEL, AIR FORCE

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

$139,300,000. 

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. 


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NATIONAL GUARD PERSONNEL, ARMY

For an additional amount for ‘‘National Guard Personnel, Army’’, 

$109,261,000. 

NATIONAL GUARD PERSONNEL, AIR FORCE

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

Force’’, $19,533,000. 

OPERATION AND MAINTENANCE 

OPERATION AND MAINTENANCE, NAVY

For an additional amount for ‘‘Operation and Maintenance, 

Navy’’, $24,000,000. 

STRATEGIC RESERVE READINESS FUND

(INCLUDING TRANSFER OF FUNDS)

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

training, operations, repair of equipment, purchases of equipment, 

and other expenses related to improving the readiness of non-deployed United States military forces, $1,615,000,000, to remain 

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

be transferred to ‘‘National Guard and Reserve Equipment’’ for the 

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

$615,000,000 shall be transferred by the Secretary of Defense only 

to appropriations for military personnel, operation and maintenance, procurement, and defense working capital funds to accomplish the purposes provided herein: Provided, That the funds transferred shall be merged with and shall be available for the same 

purposes and for the same time period as the appropriation to 

which transferred: Provided further, That the Secretary of Defense 

shall, not fewer than 30 days prior to making transfers under this 

authority, notify the congressional defense committees in writing of 

the details of any such transfers made pursuant to this authority: 

Provided further, That funds shall be transferred to the appropriation accounts not later than 120 days after the enactment of this 

Act: Provided further, That the transfer authority provided in this 

paragraph is in addition to any other transfer authority available 

to the Department of Defense: Provided further, That upon a determination that all or part of the funds transferred from this appropriation are not necessary for the purposes provided herein, such 

amounts may be transferred back to this appropriation. 

PROCUREMENT 

OTHER PROCUREMENT, ARMY

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

$1,217,000,000, to remain available until September 30, 2009: Provided, That the amount provided under this heading shall be available only for the purchase of mine resistant ambush protected vehicles. 


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OTHER PROCUREMENT, NAVY

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

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

PROCUREMENT, MARINE CORPS

For an additional amount for ‘‘Procurement, Marine Corps’’, $1,263,360,000, to remain available until September 30, 2009: Provided, That the amount provided under this heading shall be available only for the purchase of mine resistant ambush protected vehicles. 

OTHER PROCUREMENT, AIR FORCE

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

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

PROCUREMENT, DEFENSE-WIDE

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

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

OTHER DEPARTMENT OF DEFENSE PROGRAMS 

DEFENSE HEALTH PROGRAM

(INCLUDING TRANSFER OF FUNDS)

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

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

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

the treatment of traumatic brain injury and post-traumatic stress 

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

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

September 30, 2009; and of which $331,700,000 shall be for research, development, test and evaluation, to remain available until 

September 30, 2008: Provided, That if the Secretary of Defense determines that funds made available in this paragraph for the treatment of traumatic brain injury and post-traumatic stress disorder 

are in excess of the requirements of the Department of Defense, the 

Secretary may transfer amounts in excess of that requirement to 

the Department of Veterans Affairs to be available only for the 

same purpose. 

GENERAL PROVISIONS—THIS CHAPTER 

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

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

by the United States Government for a purpose as follows: 


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(1) To establish any military installation or base for the purpose of providing for the permanent stationing of United States 

Armed Forces in Iraq. 

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

Iraq. 

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

used in contravention of the following laws enacted or regulations 

promulgated to implement the United Nations Convention Against 

Torture and Other Cruel, Inhuman or Degrading Treatment or 

Punishment (done at New York on December 10, 1984)— (1) section 2340A of title 18, United States Code; 

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

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

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

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

Regulations; and 

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

Emergency Supplemental Appropriations to Address Hurricanes in the Gulf of Mexico, and Pandemic Influenza Act, 2006 

(Public Law 109–148). 

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

than 30 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report that contains individual transition readiness assessments by unit of Iraq and Afghan security forces. The Secretary of 

Defense shall submit to the congressional defense committees updates of the report required by this subsection every 90 days after 

the date of the submission of the report until October 1, 2008. The 

report and updates of the report required by this subsection shall 

be submitted in classified form. 

(b) REPORT BY OMB.—

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

consultation with the Secretary of Defense; the Commander, 

Multi-National Security Transition Command—Iraq; and the 

Commander, Combined Security Transition Command—Afghanistan, shall submit to the congressional defense committees not later than 120 days after the date of the enactment 

of this Act and every 90 days thereafter a report on the proposed use of all funds under each of the headings ‘‘Iraq Security Forces Fund’’ and ‘‘Afghanistan Security Forces Fund’’ on 

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

anticipated during the three-month period from such date, 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 

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ferred to in paragraph (1) in prior appropriations Acts, or 

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

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

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

and Afghan security forces, disaggregated by major program and sub-elements by force, arrayed by fiscal year. 

(c) NOTIFICATION.—The Secretary of Defense shall notify the congressional defense committees of any proposed new projects or 

transfers of funds between sub-activity groups in excess of 

$15,000,000 using funds appropriated by this Act under the headings ‘‘Iraq Security Forces Fund’’ and ‘‘Afghanistan Security Forces 

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

available by this Act may be obligated or expended to provide 

award fees to any defense contractor contrary to the provisions of 

section 814 of the National Defense Authorization Act, Fiscal Year 

2007 (Public Law 109–364). 

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

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

a report detailing the use of Department of Defense funded service 

contracts conducted in the theater of operations in support of 

United States military and reconstruction activities in Iraq and Afghanistan: Provided, That the report shall provide detailed information specifying the number of contracts and contract costs used 

to provide services in fiscal year 2006, with sub-allocations by 

major service categories: Provided further, That the report also 

shall include estimates of the number of contracts to be executed 

in fiscal year 2007: Provided further, That the report shall include 

the number of contractor personnel in Iraq and Afghanistan funded 

by the Department of Defense: Provided further, That the report 

shall be submitted to the congressional defense committees not 

later than August 1, 2007. 

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

amended— (1) in subsection (a), by striking ‘‘A death gratuity’’ and inserting ‘‘Subject to subsection (d), a death gratuity’’; 

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

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

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

death gratuity under subsection (a) or (d) dies before the person’’; and 

(3) by inserting after subsection (c) the following new subsection (d): ‘‘(d) During the period beginning on the date of the enactment of 

this subsection and ending on September 30, 2007, a person covered by section 1475 or 1476 of this title may designate another 

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

under section 1478 of this title. The designation shall indicate the 

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son 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 FA- CILITIES, MILITARY QUARTERS HOUSING MEDICAL HOLD PERSONNEL, AND MILITARY QUARTERS HOUSING MEDICAL HOLDOVER PER- SONNEL.—

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

the enactment of this Act, and annually thereafter, the Secretary of Defense shall inspect each facility of the Department 

of Defense as follows: 

(A) Each military medical treatment facility. 

(B) Each military quarters housing medical hold personnel. 

(C) Each military quarters housing medical holdover 

personnel. 

(2) PURPOSE.—The purpose of an inspection under this subsection is to ensure that the facility or quarters concerned 

meets acceptable standards for the maintenance and operation 

of medical facilities, quarters housing medical hold personnel, 

or quarters housing medical holdover personnel, as applicable. 

(b) ACCEPTABLE STANDARDS.—For purposes of this section, acceptable standards for the operation and maintenance of military 

medical treatment facilities, military quarters housing medical hold 

personnel, or military quarters housing medical holdover personnel 

are each of the following: 

(1) Generally accepted standards for the accreditation of 

medical facilities, or for facilities used to quarter individuals 

with medical conditions that may require medical supervision, 

as applicable, in the United States. 

(2) Where appropriate, standards under the Americans with 

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

(c) ADDITIONAL INSPECTIONS ON IDENTIFIED DEFICIENCIES.— (1) IN GENERAL.—In the event a deficiency is identified pursuant to subsection (a) at a facility or quarters described in 

paragraph (1) of that subsection—

(A) the commander of such facility or quarters, as applicable, shall submit to the Secretary a detailed plan to correct the deficiency; and 

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

until the deficiency is corrected. 

(2) CONSTRUCTION WITH OTHER INSPECTIONS.—An inspection 

of a facility or quarters under this subsection is in addition to 

any inspection of such facility or quarters under subsection (a). 

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

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

submitted in unclassified form to the applicable military medical 

command and to the congressional defense committees. 

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

maintenance and operation of military medical treatment facilities, 

military quarters housing medical hold personnel, or military quarters housing medical holdover personnel exist as of the date of the 

enactment of this Act, or such standards as do exist do not meet 

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cilities or quarters, as the case may be, the Secretary shall, not 

later than 30 days after that date, submit to the congressional defense committees a report setting forth the plan of the Secretary 

to ensure—

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

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

meet—

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

(B) where appropriate, standards under the Americans 

with Disabilities Act of 1990; and 

(2) the comprehensive implementation of the standards 

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

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

KEEBLE FOR VALOR DURING KOREAN WAR.—Notwithstanding any 

applicable time limitation under section 3744 of title 10, United 

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

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

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

Honor under section 3741 of that title for the acts of valor described in subsection (b). 

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

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

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

(TRANSFER OF FUNDS)

SEC. 3309. Of the amount appropriated under the heading ‘‘Other 

Procurement, Army’’, in title III of division A of Public Law 109–

148, $6,250,000 shall be transferred to ‘‘Military Construction, 

Army’’. 

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

provision of law, acting through the Office of Economic Adjustment 

or the Office of Dependents Education of the Department of Defense, shall use not less than $10,000,000 of funds made available 

in this Act under the heading ‘‘Operation and Maintenance, Defense-Wide’’ to make grants and supplement other Federal funds to 

provide special assistance to local education agencies. 

SEC. 3311. Congress finds that United States military units 

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

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

shall notify Congress of any changes to this policy. 


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CHAPTER 4 

DEPARTMENT OF ENERGY 

ATOMIC ENERGY DEFENSE ACTIVITIES 

NATIONAL NUCLEAR SECURITY ADMINISTRATION

DEFENSE NUCLEAR NONPROLIFERATION

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

until expended. 

GENERAL PROVISION—THIS CHAPTER 

(TRANSFER OF FUNDS)

SEC. 3401. The Administrator of the National Nuclear Security Administration is authorized to transfer up to $1,000,000 from Defense Nuclear Nonproliferation to the Office of the Administrator 

during fiscal year 2007 supporting nuclear nonproliferation activities. 

CHAPTER 5 

DEPARTMENT OF HOMELAND SECURITY 

ANALYSIS AND OPERATIONS

For an additional amount for ‘‘Analysis and Operations’’, $8,000,000, to remain available until September 30, 2008, to be 

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

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

Security shall submit quarterly reports to the Committees on Appropriations of the Senate and the House of Representatives detailing the information required in House Report 110–107. 

UNITED STATES CUSTOMS AND BORDER PROTECTION

SALARIES AND EXPENSES

(INCLUDING TRANSFER OF FUNDS)

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

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

Border Protection Officers, as well as additional intelligence analysts, trade specialists, and support staff to target and screen U.S.- 

bound cargo on the Northern Border, at overseas locations, and at 

the National Targeting Center; to support hiring additional staffing 

required for Northern Border Air and Marine operations; to implement Security and Accountability For Every Port Act of 2006 (Public Law 109–347) requirements; to advance the goals of the Secure 

Freight Initiative to improve significantly the ability of United 

States Customs and Border Protection to target and analyze U.S.- 

bound cargo containers; to expand overseas screening and physical 

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

non-intrusive inspection equipment into inspection and radiation 


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detection operations; and to improve supply chain security, to include enhanced analytic and targeting systems using data collected 

via commercial and government technologies and databases: Provided, That up to $3,000,000 shall be transferred to Federal Law 

Enforcement Training Center ‘‘Salaries and Expenses’’, for basic 

training costs associated with the additional personnel funded 

under this heading: Provided further, That the Secretary shall submit an expenditure plan for the use of these funds to the Committees on Appropriations of the Senate and the House of Representatives no later than 30 days after enactment of this Act: Provided 

further, That the Secretary shall notify the Committees on Appropriations of the Senate and the House of Representatives immediately if United States Customs and Border Protection does not 

expect to achieve its plan of having at least 1,158 Border Patrol 

agents permanently deployed to the Northern Border by the end of 

fiscal year 2007, and explain in detail the reasons for any shortfall. 

AIR AND MARINE INTERDICTION, OPERATIONS, MAINTENANCE, AND

PROCUREMENT

For an additional amount for ‘‘Air and Marine Interdiction, Operations, Maintenance, and Procurement’’, for air and marine operations on the Northern Border, including the final Northern Border 

air wing, $75,000,000, to remain available until September 30, 

2008, to accelerate planned deployment of Northern Border Air and 

Marine operations, including establishment of the final Northern 

Border airwing, procurement of assets such as fixed wing aircraft, 

helicopters, unmanned aerial systems, marine and riverine vessels, 

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

design and building of facilities: Provided, That the Secretary shall 

submit an expenditure plan for the use of these funds to the Committees on Appropriations of the Senate and the House of Representatives no later than 30 days after enactment of this Act. 

UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT

SALARIES AND EXPENSES

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

$6,000,000, to remain available until September 30, 2008; of which 

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

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

shall be for the Human Smuggling and Trafficking Center. 

TRANSPORTATION SECURITY ADMINISTRATION

AVIATION SECURITY

For an additional amount for ‘‘Aviation Security’’, $390,000,000; 

of which $285,000,000 shall be for procurement and installation of 

checked baggage explosives detection systems, to remain available 

until expended; of which $25,000,000 shall be for checkpoint explosives detection equipment and pilot screening technologies, to remain available until expended; and of which $80,000,000 shall be 

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

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

this heading, the Transportation Security Administration shall hire 

no fewer than 150 additional air cargo inspectors to establish a 


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14 

more robust enforcement and compliance program; complete air 

cargo vulnerability assessments for all Category X airports; expand 

the National Explosives Detection Canine Program by no fewer 

than 170 additional canine teams, including the use of agency led 

teams; pursue canine screening methods utilized internationally 

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

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

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

Committees on Appropriations of the Senate and the House of Representatives an expenditure plan detailing how the Transportation 

Security Administration will utilize funding provided under this 

heading. 

FEDERAL AIR MARSHALS

For an additional amount for ‘‘Federal Air Marshals’’, $5,000,000, 

to remain available until September 30, 2008: Provided, That no 

later than 30 days after enactment of this Act, the Secretary shall 

provide the Committees on Appropriations of the Senate and the 

House of Representatives a report on how these additional funds 

will be allocated. 

NATIONAL PROTECTION AND PROGRAMS

INFRASTRUCTURE PROTECTION AND INFORMATION SECURITY

For an additional amount for ‘‘Infrastructure Protection and Information Security’’, $24,000,000, to remain available until September 30, 2008; of which $12,000,000 shall be for development of 

State and local interoperability plans as discussed in House Report 

110–107; and of which $12,000,000 shall be for implementation of 

chemical facility security regulations: Provided, That within 30 

days of the date of enactment of this Act the Secretary of Homeland Security shall submit to the Committees on Appropriations of 

the Senate and the House of Representatives detailed expenditure 

plans for execution of these funds: Provided further, That within 30 

days of the date of enactment of this Act, the Secretary of Homeland Security shall submit to the Committees on Appropriations of 

the Senate and the House of Representatives a report on the computer forensics training center detailing the information required 

in House Report 110–107. 

OFFICE OF HEALTH AFFAIRS

For expenses for the ‘‘Office of Health Affairs’’, $8,000,000, to remain available until September 30, 2008: Provided, That of the 

amount made available under this heading, $5,500,000 is for nuclear event public health assessment and planning: Provided further, That the Office of Health Affairs shall conduct a nuclear event 

public health assessment as described in House Report 110–107: 

Provided further, That none of the funds made available under this 

heading may be obligated until the Committees on Appropriations 

of the Senate and the House of Representatives receive a plan for 

expenditure. 


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15 

FEDERAL EMERGENCY MANAGEMENT AGENCY

MANAGEMENT AND ADMINISTRATION

For expenses for management and administration of the Federal 

Emergency Management Agency (‘‘FEMA’’), $14,000,000, to remain 

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

made available under this heading, $6,000,000 shall be for financial and information systems, $2,500,000 shall be for interstate mutual aid agreements, $2,500,000 shall be for FEMA Regional Office 

communication equipment, $2,500,000 shall be for FEMA strike 

teams, and $500,000 shall be for the Law Enforcement Liaison Office, the Disability Coordinator and the National Advisory Council: 

Provided futher, That none of such funds made available under this 

heading may be obligated until the Committees on Appropriations 

of the Senate and the House of Representatives receive and approve a plan for expenditure: Provided further, That unobligated 

amounts in the ‘‘Administrative and Regional Operations’’ and 

‘‘Readiness, Mitigation, Response, and Recovery’’ accounts shall be 

transferred to ‘‘Management and Administration’’ and may be used 

for any purpose authorized for such amounts and subject to limitation on the use of such amounts. 

STATE AND LOCAL PROGRAMS

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

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

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

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

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

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

grants and regional technical assistance to tier one Urban Area Security Initiative cities and other participating governments for the 

purpose of developing all-hazard regional catastrophic event plans 

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

which $2,000,000 shall be for technical assistance for operation and 

maintenance training on detection and response equipment that 

must be competitively awarded: Provided, That none of the funds 

made available under this heading may be obligated for such regional grants and regional technical assistance until the Committees on Appropriations of the Senate and the House of Representatives receive and approve a plan for expenditure: Provided further, 

That the Federal Emergency Management Agency shall provide the 

regional grants and regional technical assistance expenditure plan 

to the Committees on Appropriations of the Senate and the House 

of Representatives on or before August 1, 2007: Provided further, 

That funds for such regional grants and regional technical assistance shall remain available until September 30, 2008. 

EMERGENCY MANAGEMENT PERFORMANCE GRANTS

For an additional amount for ‘‘Emergency Management Performance Grants’’, $50,000,000. 


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UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES

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

checks associated with pending applications and petitions, 

$8,000,000, to remain available until September 30, 2008: Provided, That none of the funds made available under this heading 

shall be available for obligation until the Secretary of Homeland 

Security, in consultation with the United States Attorney General, 

submits to the Committees on Appropriations of the Senate and the 

House of Representatives a plan to eliminate the backlog of security checks that establishes information sharing protocols to ensure 

United States Citizenship and Immigration Services has the information it needs to carry out its mission. 

SCIENCE AND TECHNOLOGY

RESEARCH, DEVELOPMENT, ACQUISITION, AND OPERATIONS

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

remain available until expended. 

DOMESTIC NUCLEAR DETECTION OFFICE

RESEARCH, DEVELOPMENT, AND OPERATIONS

For an additional amount for ‘‘Research, Development, and Operations’’ for non-container, rail, aviation and intermodal radiation 

detection activities, $35,000,000, to remain available until expended: Provided, That $5,000,000 is to enhance detection links between seaports and railroads as authorized in section 121(i) of the 

Security and Accountability For Every Port Act of 2006 (Public 

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

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

screening technologies at aviation facilities. 

SYSTEMS ACQUISITION

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

$100,000,000, to remain available until expended: Provided, That 

none of the funds appropriated under this heading shall be obligated for full scale procurement of Advanced Spectroscopic Portal 

Monitors until the Secretary of Homeland Security has certified 

through a report to the Committees on Appropriations of the Senate and the House of Representatives that a significant increase in 

operational effectiveness will be achieved. 

GENERAL PROVISIONS—THIS CHAPTER 

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

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

107–296. 

SEC. 3502. The Secretary of Homeland Security shall require 

that all contracts of the Department of Homeland Security that 

provide award fees link such fees to successful acquisition outcomes 

(which outcomes shall be specified in terms of cost, schedule, and 

performance). 


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17 

CHAPTER 6 

LEGISLATIVE BRANCH 

HOUSE OF REPRESENTATIVES 

SALARIES AND EXPENSES

For an additional amount for ‘‘Salaries and Expenses’’, $6,437,000, as follows: 

ALLOWANCES AND EXPENSES

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

and disaster recovery, to remain available until expended. 

GOVERNMENT ACCOUNTABILITY OFFICE 

SALARIES AND EXPENSES

For an additional amount for ‘‘Salaries and Expenses’’ of the Government Accountability Office, $374,000, to remain available until 

September 30, 2008. 

CHAPTER 7 

DEPARTMENT OF DEFENSE 

DEPARTMENT OF DEFENSE BASE CLOSURE ACCOUNT 2005 

For deposit into the Department of Defense Base Closure Account 2005, established by section 2906A(a)(1) of the Defense Base 

Closure and Realignment Act of 1990 (10 U.S.C. 2687 note), 

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

within 30 days of the enactment of this Act, the Secretary of Defense shall submit a detailed spending plan to the Committees on 

Appropriations of the House of Representatives and the Senate. 

GENERAL PROVISIONS—THIS CHAPTER 

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

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

Reed Army Medical Center until equivalent medical facilities at the 

Walter Reed National Military Medical Center at Naval Medical 

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

Community Hospital have been constructed and equipped: Provided, That to ensure that the quality of care provided by the Military Health System is not diminished during this transition, the 

Walter Reed Army Medical Center shall be adequately funded, to 

include necessary renovation and maintenance of existing facilities, 

to maintain the maximum level of inpatient and outpatient services. 

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

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

relocate the functions of the Armed Forces Institute of Pathology 

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

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

reorganization and relocation to the Committees on Appropriations 


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18 

and Armed Services of the Senate and House of Representatives. 

The plan shall take into consideration the recommendations of a 

study being prepared by the Government Accountability Office 

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

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

selected functions of AFIP among several locations, and the possibility of consolidating those functions at one location. The plan 

shall include an analysis of the options for the location and operation of the Program Management Office for second opinion 

consults that are consistent with the recommendations of the Base 

Realignment and Closure Commission, together with the rationale 

for the option selected by the Secretary. 

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

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

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

Zones, and facilities at NASJRB Willow Grove designated for operation as a Joint Interagency Installation for use by the Pennsylvania National Guard and other Department of Defense components, government agencies, and associated users to perform national defense, homeland security, and emergency preparedness 

missions. 

CHAPTER 8 

DEPARTMENT OF STATE AND RELATED AGENCY 

DEPARTMENT OF STATE 

ADMINISTRATION OF FOREIGN AFFAIRS

DIPLOMATIC AND CONSULAR PROGRAMS

(INCLUDING TRANSFER OF FUNDS)

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

of which $31,845,000 for World Wide Security Upgrades is available until expended: Provided, That of the amount available under 

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

funds available in fiscal year 2007 for expenses for the United 

States Commission on International Religious Freedom: Provided 

further, That within 15 days of enactment of this Act, the Office of 

Management and Budget shall apportion $15,000,000 from 

amounts appropriated or otherwise made available by chapter 8 of 

title II of division B of Public Law 109–148 under the heading 

‘‘Emergencies in the Diplomatic and Consular Service’’ to reimburse expenditures from that account in facilitating the evacuation 

of persons from Lebanon between July 16, 2006 and the date of enactment of this Act. 

OFFICE OF THE INSPECTOR GENERAL

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

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


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INTERNATIONAL ORGANIZATIONS

CONTRIBUTIONS TO INTERNATIONAL ORGANIZATIONS

For an additional amount for ‘‘Contributions to International Organizations’’, $50,000,000, to remain available until September 30, 

2008. 

BILATERAL ECONOMIC ASSISTANCE 

FUNDS APPROPRIATED TO THE PRESIDENT

UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT

INTERNATIONAL DISASTER AND FAMINE ASSISTANCE

For an additional amount for ‘‘International Disaster and Famine 

Assistance’’, $60,000,000, to remain available until expended. 

OPERATING EXPENSES OF THE UNITED STATES AGENCY FOR

INTERNATIONAL DEVELOPMENT

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

States Agency for International Development’’, $3,000,000, to remain available until September 30, 2008. 

OPERATING EXPENSES OF THE UNITED STATES AGENCY FOR

INTERNATIONAL DEVELOPMENT OFFICE OF INSPECTOR GENERAL

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

States Agency for International Development Office of Inspector 

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

2008. 

OTHER BILATERAL ECONOMIC ASSISTANCE

ECONOMIC SUPPORT FUND

For an additional amount for ‘‘Economic Support Fund’’, $122,300,000, to remain available until September 30, 2008. 

DEPARTMENT OF STATE

DEMOCRACY FUND

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

remain available until September 30, 2008. 

INTERNATIONAL NARCOTICS CONTROL AND LAW ENFORCEMENT

(INCLUDING RESCISSION OF FUNDS)

For an additional amount for ‘‘International Narcotics Control 

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

Of the amounts made available for procurement of a maritime 

patrol aircraft for the Colombian Navy under this heading in Public 

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

MIGRATION AND REFUGEE ASSISTANCE

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


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20 

UNITED STATES EMERGENCY REFUGEE AND MIGRATION ASSISTANCE

FUND

For an additional amount for ‘‘United States Emergency Refugee 

and Migration Assistance Fund’’, $25,000,000, to remain available 

until expended. 

NONPROLIFERATION, ANTI-TERRORISM, DEMINING AND RELATED

PROGRAMS

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

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

until September 30, 2008. 

MILITARY ASSISTANCE 

FUNDS APPROPRIATED TO THE PRESIDENT

FOREIGN MILITARY FINANCING PROGRAM

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

PEACEKEEPING OPERATIONS

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

$40,000,000, to remain available until September 30, 2008: Provided, That funds appropriated under this heading shall be made 

available, notwithstanding section 660 of the Foreign Assistance 

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

GENERAL PROVISIONS—THIS CHAPTER 

EXTENSION OF OVERSIGHT AUTHORITY

SEC. 3801. Section 3001(o)(1)(B) of the Emergency Supplemental 

Appropriations Act for Defense and for the Reconstruction of Iraq 

and Afghanistan, 2004 (Public Law 108–106; 117 Stat. 1238; 5 

U.S.C. App., note to section 8G of Public Law 95–452), as amended 

by section 1054(b) of the John Warner National Defense Authorization Act for Fiscal Year 2007 (Public Law 109–364; 120 Stat. 2397) 

and section 2 of the Iraq Reconstruction Accountability Act of 2006 

(Public Law 109–440), is amended by inserting ‘‘or fiscal year 2007’’

after ‘‘fiscal year 2006’’. 

LEBANON

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

under the heading ‘‘Economic Support Fund’’ for cash transfer assistance for the Government of Lebanon may be made available for 

obligation until the Secretary of State reports to the Committees on 

Appropriations on Lebanon’s economic reform plan and on the specific conditions and verifiable benchmarks that have been agreed 

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

(b) LIMITATION ON FOREIGN MILITARY FINANCING PROGRAM AND

INTERNATIONAL NARCOTICS CONTROL AND LAW ENFORCEMENT ASSISTANCE FOR LEBANON.— None of the funds made available in this 


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21 

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

‘‘International Narcotics Control and Law Enforcement’’ for military or police assistance to Lebanon may be made available for obligation until the Secretary of State submits to the Committees on 

Appropriations a report on procedures established to determine eligibility of members and units of the armed forces and police forces 

of Lebanon to participate in United States training and assistance 

programs and on the end use monitoring of all equipment provided 

under such programs to the Lebanese armed forces and police 

forces. 

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

funds made available in this Act for assistance for Lebanon under 

the headings ‘‘Foreign Military Financing Program’’ and ‘‘Nonproliferation, Anti-Terrorism, Demining and Related Programs’’, 

the Secretary of State shall certify to the Committees on Appropriations that all practicable efforts have been made to ensure that 

such assistance is not provided to or through any individual, or private or government entity, that advocates, plans, sponsors, engages 

in, or has engaged in, terrorist activity. 

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

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

the Committees on Appropriations a report on the Government of 

Lebanon’s actions to implement section 14 of United Nations Security Council Resolution 1701 (August 11, 2006). 

(e) SPECIAL AUTHORITY.—This section shall be effective notwithstanding section 534(a) of Public Law 109–102, which is made applicable to funds appropriated for fiscal year 2007 by the Continuing Appropriations Resolution, 2007 (division B of Public Law 

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

DEBT RESTRUCTURING

SEC. 3803. Amounts appropriated for fiscal year 2007 for ‘‘Bilateral Economic Assistance—Department of the Treasury—Debt Restructuring’’ may be used to assist Liberia in retiring its debt arrearages to the International Monetary Fund, the International 

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

GOVERNMENT ACCOUNTABILITY OFFICE

SEC. 3804. To facilitate effective oversight of programs and activities in Iraq by the Government Accountability Office (GAO), the 

Department of State shall provide GAO staff members the country 

clearances, life support, and logistical and security support necessary for GAO personnel to establish a presence in Iraq for periods of not less than 45 days. 

HUMAN RIGHTS AND DEMOCRACY FUND

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

Human Rights, and Labor shall be responsible for all policy, funding, and programming decisions regarding funds made available 

under this Act and prior Acts making appropriations for foreign operations, export financing and related programs for the Human 

Rights and Democracy Fund of the Bureau of Democracy, Human 

Rights, and Labor. 


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INSPECTOR GENERAL OVERSIGHT OF IRAQ AND AFGHANISTAN

SEC. 3806. (a) IN GENERAL.—Subject to paragraph (2), the Inspector General of the Department of State and the Broadcasting 

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

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

the United States to facilitate and support the Office of the Inspector General’s oversight of programs and operations related to Iraq 

and Afghanistan. Individuals engaged by contract to perform such 

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

employees of the United States Government for purposes of any 

law administered by the Office of Personnel Management. The Secretary of State may determine the applicability to such individuals 

of any law administered by the Secretary concerning the performance of such services by such individuals. 

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

the following conditions: 

(1) The Inspector General determines that existing personnel 

resources are insufficient. 

(2) The contract length for a personal services contractor, including options, may not exceed 1 year, unless the Inspector 

General makes a finding that exceptional circumstances justify 

an extension of up to 1 additional year. 

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

time as personal services contractors under the program. 

(c) TERMINATION OF AUTHORITY.—The authority to award personal services contracts under this section shall terminate on December 31, 2007. A contract entered into prior to the termination 

date under this paragraph may remain in effect until not later 

than December 31, 2009. 

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

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

General to hire personal services contractors. 

FUNDING TABLES, REPORTS AND DIRECTIVES

SEC. 3807. (a) Funds provided in this Act for the following accounts shall be made available for countries, programs and activities in the amounts contained in the respective tables and should 

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

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

110–107): 

‘‘Diplomatic and Consular Programs’’. 

‘‘Office of the Inspector General’’. 

‘‘Educational and Cultural Exchange Programs’’. 

‘‘Contributions to International Organizations’’. 

‘‘Contributions for International Peacekeeping Activities’’. 

‘‘Child Survival and Health Programs Fund’’. 

‘‘International Disaster and Famine Assistance’’. 

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

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

‘‘Economic Support Fund’’. 

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


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‘‘Democracy Fund’’. 

‘‘International Narcotics Control and Law Enforcement’’. 

‘‘Migration and Refugee Assistance’’. 

‘‘Nonproliferation, Anti-Terrorism, Demining and Related 

Programs’’. 

‘‘Foreign Military Financing Program’’. 

‘‘Peacekeeping Operations’’. 

(b) Any proposed increases or decreases to the amounts contained 

in the tables in the joint explanatory statement shall be subject to 

the regular notification procedures of the Committees on Appropriations and section 634A of the Foreign Assistance Act of 1961. 

SPENDING PLAN AND NOTIFICATION PROCEDURES

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

Secretary of State shall submit to the Committees on Appropriations a report detailing planned expenditures for funds appropriated under the headings in this chapter and under the headings 

in chapter 6 of title I, except for funds appropriated under the 

heading ‘‘International Disaster and Famine Assistance’’: Provided, 

That funds appropriated under the headings in this chapter and in 

chapter 6 of title I, except for funds appropriated under the heading named in this section, shall be subject to the regular notification procedures of the Committees on Appropriations. 

CONDITIONS ON ASSISTANCE FOR PAKISTAN

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

the central Government of Pakistan under the heading ‘‘Economic 

Support Fund’’ in this Act may be made available for non-project 

assistance until the Secretary of State submits to the Committees 

on Appropriations a report on the oversight mechanisms, performance benchmarks, and implementation processes for such funds: 

Provided, That notwithstanding any other provision of law, funds 

made available for non-project assistance pursuant to the previous 

proviso shall be subject to the regular notification procedures of the 

Committees on Appropriations: Provided further, That of the funds 

made available for assistance for Pakistan under the heading ‘‘Economic Support Fund’’ in this Act, $5,000,000 shall be made available for the Human Rights and Democracy Fund of the Bureau of 

Democracy, Human Rights, and Labor, Department of State, for political party development and election observation programs. 

CIVILIAN RESERVE CORPS

SEC. 3810. Of the funds appropriated by this Act under the heading ‘‘Diplomatic and Consular Programs’’, up to $50,000,000 may be 

made available to support and maintain a civilian reserve corps: 

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

be obligated without specific authorization in a subsequent Act of 

Congress: Provided further, That funds made available for 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’’. 


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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.’’. 


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TITLE IV—ADDITIONAL HURRICANE 

DISASTER RELIEF AND RECOVERY 

CHAPTER 1 

DEPARTMENT OF AGRICULTURE 

GENERAL PROVISION—THIS CHAPTER 

SEC. 4101. Section 1231(k)(2) of the Food Security Act of 1985 (16 

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

2006, the’’ and inserting ‘‘The’’. 

CHAPTER 2 

DEPARTMENT OF JUSTICE 

OFFICE OF JUSTICE PROGRAMS

STATE AND LOCAL LAW ENFORCEMENT ASSISTANCE

For an additional amount for ‘‘State and Local Law Enforcement 

Assistance’’, for discretionary grants authorized by subpart 2 of 

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

Act of 1968 as in effect on September 30, 2006, notwithstanding 

the provisions of section 511 of said Act, $50,000,000, to remain 

available until expended: Provided, That the amount made available under this heading shall be for local law enforcement initiatives in the Gulf Coast region related to the aftermath of Hurricane 

Katrina: Provided further, That these funds shall be apportioned 

among the States in quotient to their level of violent crime as estimated by the Federal Bureau of Investigation’s Uniform Crime Report for the year 2005. 

DEPARTMENT OF COMMERCE 

NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION

OPERATIONS, RESEARCH, AND FACILITIES

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

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

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION 

EXPLORATION CAPABILITIES

For an additional amount for ‘‘Exploration Capabilities’’ for necessary expenses related to the consequences of Hurricane Katrina, 

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

GENERAL PROVISIONS—THIS CHAPTER 

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

Commerce, National Oceanic and Atmospheric Administration, Operations, Research, and Facilities’’, shall be made available according to the language relating to such account in the joint explanaVerDate Aug 31 2005 23:59 May 25, 2007 Jkt 059008 PO 00000 Frm 00025 Fmt 6659 Sfmt 6602 E:\HR\OC\HR168.XXX HR168

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26 

tory statement accompanying the conference report on H.R. 1591 of 

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

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

National Aeronautics and Space Administration in Public Law 

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

other natural disaster-related expenses may be used to reimburse 

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

CHAPTER 3 

DEPARTMENT OF DEFENSE—CIVIL 

DEPARTMENT OF THE ARMY 

CORPS OF ENGINEERS—CIVIL

CONSTRUCTION

For an additional amount for ‘‘Construction’’ for necessary expenses related to the consequences of Hurricane Katrina and other 

hurricanes of the 2005 season, $25,300,000, to remain available 

until expended, which may be used to continue construction of 

projects related to interior drainage for the greater New Orleans 

metropolitan area. 

FLOOD CONTROL AND COASTAL EMERGENCIES

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

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

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

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

Bank and Vicinity and Lake Ponchartrain and Vicinity, Louisiana, 

projects, as described under the heading ‘‘Flood Control and Coastal Emergencies’’, in chapter 3 of Public Law 109–148: Provided further, That $107,700,000 of the amount provided may be used to implement the projects for hurricane storm damage reduction, flood 

damage reduction, and ecosystem restoration within Hancock, Harrison, and Jackson Counties, Mississippi substantially in accordance with the Report of the Chief of Engineers dated December 31, 

2006, and entitled ‘‘Mississippi, Coastal Improvements Program Interim Report, Hancock, Harrison, and Jackson Counties, Mississippi’’: Provided further, That projects authorized for implementation under this Chief’s report shall be carried out at full Federal 

expense, except that the non-Federal interests shall be responsible 

for providing for all costs associated with operation and maintenance of the project: Provided further, That any project using funds 

appropriated under this heading shall be initiated only after nonFederal interests have entered into binding agreements with the 

Secretary requiring the non-Federal interests to pay 100 percent of 

the operation, maintenance, repair, replacement, and rehabilitation 

costs of the project and to hold and save the United States free 

from damages due to the construction or operation and maintenance of the project, except for damages due to the fault or negligence of the United States or its contractors: Provided further, 


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That the Chief of Engineers, acting through the Assistant Secretary of the Army for Civil Works, shall provide a monthly report 

to the House and Senate Committees on Appropriations detailing 

the allocation and obligation of these funds, beginning not later 

than 60 days after enactment of this Act. 

GENERAL PROVISIONS—THIS CHAPTER 

SEC. 4301. The Secretary is authorized and directed to determine 

the value of eligible reimbursable expenses incurred by local governments in storm-proofing pumping stations, constructing safe 

houses for operators, and other interim flood control measures in 

and around the New Orleans metropolitan area that the Secretary 

determines to be integral to the overall plan to ensure operability 

of the stations during hurricanes, storms and high water events 

and the flood control plan for the area. 

SEC. 4302. (a) The Secretary of the Army is authorized and directed to utilize funds remaining available for obligation from the 

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

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

in the greater New Orleans metropolitan area to prosecute these 

projects in a manner which promotes the goal of continuing work 

at an optimal pace, while maximizing, to the greatest extent practicable, levels of protection to reduce the risk of storm damage to 

people and property. 

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

be made without regard to individual amounts or purposes specified in chapter 3 of Public Law 109–234. 

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

goal established in subsection (a) are authorized, subject to the approval of the House and Senate Committees on Appropriation. 

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

technical advantages, disadvantages and operational effectiveness 

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

Street, Orleans Avenue and London Avenue canals in the New Orleans area directed for construction in Public Law 109–234 concurrently or in series with existing pumping stations serving these canals and the advantages, disadvantages and technical operational 

effectiveness of removing the existing pumping stations and configuring the new pumping stations and associated canals to handle all 

needed discharges to the lakefront or in combination with discharges directly to the Mississippi River in Jefferson Parish; and 

the advantages, disadvantages and technical operational effectiveness of replacing or improving the floodwalls and levees adjacent 

to the three outfall canals: Provided, That the analysis should be 

conducted at Federal expense: Provided further, That the analysis 

shall be completed and furnished to the Congress not later than 

three months after enactment of this Act. 

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

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

Secretary of the Army, in consultation with other agencies and the 

State of Louisiana shall accelerate completion as practicable the 

final report of the Chief of Engineers recommending a comprehensive plan to deauthorize deep draft navigation on the Mississippi 

River Gulf Outlet: Provided, That the plan shall incorporate and 

build upon the Interim Mississippi River Gulf Outlet Deep-Draft 


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28 

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. 


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GENERAL PROVISIONS—THIS CHAPTER 

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

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

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

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

Emergency Assistance Act (42 U.S.C. 5170b, 5172, 5173, and 5174) 

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

(b) APPLICABILITY.—

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

(a) shall apply to disaster assistance applied for before the date 

of enactment of this Act. 

(2) LIMITATION.—In the case of disaster assistance provided 

under sections 403, 406, and 407 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act, the Federal share 

provided by subsection (a) shall be limited to assistance provided for projects for which a ‘‘request for public assistance 

form’’ has been submitted. 

SEC. 4502. (a) COMMUNITY DISASTER LOAN ACT.—

(1) IN GENERAL.—Section 2(a) of the Community Disaster 

Loan Act of 2005 (Public Law 109–88) is amended by striking 

‘‘Provided further, That notwithstanding section 417(c)(1) of the 

Stafford Act, such loans may not be canceled:’’. 

(2) EFFECTIVE DATE.—The amendment made by paragraph 

(1) shall be effective on the date of enactment of the Community Disaster Loan Act of 2005 (Public Law 109–88). 

(b) EMERGENCY SUPPLEMENTAL APPROPRIATIONS ACT.—

(1) IN GENERAL.—Chapter 4 of title II of the Emergency Supplemental Appropriations Act for Defense, the Global War on 

Terror, and Hurricane Recovery, 2006 (Public Law 109–234) is 

amended under Federal Emergency Management Agency, ‘‘Disaster Assistance Direct Loan Program Account’’ by striking 

‘‘Provided further, That notwithstanding section 417(c)(1) of 

such Act, such loans may not be canceled:’’. 

(2) EFFECTIVE DATE.—The amendment made by paragraph 

(1) shall be effective on the date of enactment of the Emergency Supplemental Appropriations Act for Defense, the Global 

War on Terror, and Hurricane Recovery, 2006 (Public Law 

109–234). 

SEC. 4503. (a) IN GENERAL.—Section 2401 of the Emergency Supplemental Appropriations Act for Defense, the Global War on Terror, and Hurricane Recovery, 2006 (Public Law 109–234) is amended by striking ‘‘12 months’’ and inserting ‘‘24 months’’. 

(b) EFFECTIVE DATE.—The amendment made by this section shall 

be effective on the date of enactment of the Emergency Supplemental Appropriations Act for Defense, the Global War on Terror, 

and Hurricane Recovery, 2006 (Public Law 109–234). 


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30 

CHAPTER 6 

DEPARTMENT OF THE INTERIOR 

NATIONAL PARK SERVICE

HISTORIC PRESERVATION FUND

For an additional amount for the ‘‘Historic Preservation Fund’’

for necessary expenses related to the consequences of Hurricane 

Katrina and other hurricanes of the 2005 season, $10,000,000, to 

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

funds provided under this heading shall be provided to the State 

Historic Preservation Officer, after consultation with the National 

Park Service, for grants for disaster relief in areas of Louisiana impacted by Hurricanes Katrina or Rita: Provided further, That 

grants shall be for the preservation, stabilization, rehabilitation, 

and repair of historic properties listed in or eligible for the National Register of Historic Places, for planning and technical assistance: Provided further, That grants shall only be available for 

areas that the President determines to be a major disaster under 

section 102(2) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122(2)) due to Hurricanes Katrina 

or Rita: Provided further, That individual grants shall not be subject to a non-Federal matching requirement: Provided further, That 

no more than 5 percent of funds provided under this heading for 

disaster relief grants may be used for administrative expenses. 

GENERAL PROVISION—THIS CHAPTER 

(INCLUDING TRANSFER OF FUNDS)

SEC. 4601. Of the disaster relief funds from Public Law 109–234, 

120 Stat. 418, 461, (June 30, 2006), chapter 5, ‘‘National Park Service—Historic Preservation Fund’’, for necessary expenses related to 

the consequences of Hurricane Katrina and other hurricanes of the 

2005 season that were allocated to the State of Mississippi by the 

National Park Service, $500,000 is hereby transferred to the ‘‘National Park Service—National Recreation and Preservation’’ appropriation: Provided, That these funds may be used to reconstruct destroyed properties that at the time of destruction were listed in the 

National Register of Historic Places and are otherwise qualified to 

receive these funds: Provided further, That the State Historic Preservation Officer certifies that, for the community where that destroyed property was located, the property is iconic to or essential 

to illustrating that community’s historic identity, that no other 

property in that community with the same associative historic 

value has survived, and that sufficient historical documentation exists to ensure an accurate reproduction. 

CHAPTER 7 

DEPARTMENT OF EDUCATION 

HIGHER EDUCATION

For an additional amount under part B of title VII of the Higher 

Education Act of 1965 (‘‘HEA’’) for institutions of higher education 


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(as defined in section 101 or section 102(c) of that Act) that are located in an area in which a major disaster was declared in accordance with section 401 of the Robert T. Stafford Disaster Relief and 

Emergency Assistance Act related to Hurricanes Katrina or Rita, 

$30,000,000: Provided, That such funds shall be available to the 

Secretary of Education only for payments to help defray the expenses (which may include lost revenue, reimbursement for expenses already incurred, and construction) incurred by such institutions of higher education that were forced to close, relocate or 

significantly curtail their activities as a result of damage directly 

caused by such hurricanes and for payments to enable such institutions to provide grants to students who attend such institutions for 

academic years beginning on or after July 1, 2006: Provided further, That such payments shall be made in accordance with criteria 

established by the Secretary and made publicly available without 

regard to section 437 of the General Education Provisions Act, section 553 of title 5, United States Code, or part B of title VII of the 

HEA: Provided further, That the Secretary shall award funds available under this paragraph not later than 60 days after the date of 

the enactment of this Act. 

HURRICANE EDUCATION RECOVERY

For carrying out activities authorized by subpart 1 of part D of 

title V of the Elementary and Secondary Education Act of 1965, 

$30,000,000, to remain available until expended, for use by the 

States of Louisiana, Mississippi, and Alabama primarily for recruiting, retaining, and compensating new and current teachers, school 

principals, assistant principals, principal resident directors, assistant directors, and other educators, who commit to work for at least 

three years in school-based positions in public elementary and secondary schools located in an area with respect to which a major 

disaster was declared under section 401 of the Robert T. Stafford 

Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170) by 

reason of Hurricane Katrina or Hurricane Rita, including through 

such mechanisms as paying salary premiums, performance bonuses, housing subsidies, signing bonuses, and relocation costs and 

providing loan forgiveness, with priority given to teachers and 

school-based school principals, assistant principals, principal resident directors, assistant directors, and other educators who previously worked or lived in one of the affected areas, are currently 

employed (or become employed) in such a school in any of the affected areas after those disasters, and commit to continue that employment for at least 3 years, Provided, That funds available under 

this heading to such States may also be used for 1 or more of the 

following activities: (1) to build the capacity, knowledge, and skill 

of teachers and school-based school principals, assistant principals, 

principal resident directors, assistant directors, and other educators in such public elementary and secondary schools to provide 

an effective education, including the design, adaptation, and implementation of high-quality formative assessments; (2) the establishment of partnerships with nonprofit entities with a demonstrated 

track record in recruiting and retaining outstanding teachers and 

other school-based school principals, assistant principals, principal 

resident directors, and assistant directors; and (3) paid release time 

for teachers and principals to identify and replicate successful pracVerDate Aug 31 2005 23:59 May 25, 2007 Jkt 059008 PO 00000 Frm 00031 Fmt 6659 Sfmt 6602 E:\HR\OC\HR168.XXX HR168

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tices from the fastest-improving and highest-performing schools: 

Provided further, That the Secretary of Education shall allocate 

amounts available under this heading among such States that submit applications; that such allocation shall be based on the number 

of public elementary and secondary schools in each State that were 

closed for 19 days or more during the period beginning on August 

29, 2005, and ending on December 31, 2005, due to Hurricane 

Katrina or Hurricane Rita; and that such States shall in turn allocate funds to local educational agencies, with priority given first to 

such agencies with the highest percentages of public elementary 

and secondary schools that are closed as a result of such hurricanes 

as of the date of enactment of this Act and then to such agencies 

with the highest percentages of public elementary and secondary 

schools with a student-teacher ratio of at least 25 to 1, and with 

any remaining amounts to be distributed to such agencies with 

demonstrated need, as determined by the State Superintendent of 

Education: Provided further, That, in the case of any State that 

chooses to use amounts available under this heading for performance bonuses, not later than 60 days after the date of enactment 

of this Act, and in collaboration with local educational agencies, 

teachers’ unions, local principals’ organizations, local parents’ organizations, local business organizations, and local charter schools organizations, the State educational agency shall develop a plan for 

a rating system for performance bonuses, and if no agreement has 

been reached that is satisfactory to all consulting entities by such 

deadline, the State educational agency shall immediately send a 

letter notifying Congress and shall, not later than 30 days after 

such notification, establish and implement a rating system that 

shall be based on classroom observation and feedback more than 

once annually, conducted by multiple sources (including, but not 

limited to, principals and master teachers), and evaluated against 

research-based rubrics that use planning, instructional, and learning environment standards to measure teacher performance, except 

that the requirements of this proviso shall not apply to a State that 

has enacted a State law in 2006 authorizing performance pay for 

teachers. 

PROGRAMS TO RESTART SCHOOL OPERATIONS

Funds made available under section 102 of the Hurricane Education Recovery Act (title IV of division B of Public Law 109–148) 

may be used by the States of Louisiana, Mississippi, Alabama, and 

Texas, in addition to the uses of funds described in section 102(e), 

for the following costs: (1) recruiting, retaining, and compensating 

new and current teachers, school principals, assistant principals, 

principal resident directors, assistant directors, and other educators for school-based positions in public elementary and secondary schools impacted by Hurricane Katrina or Hurricane Rita, 

including through such mechanisms as paying salary premiums, 

performance bonuses, housing subsidies, signing bonuses, and relocation costs and providing loan forgiveness; (2) activities to build 

the capacity, knowledge, and skills of teachers and 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 formaVerDate Aug 31 2005 23:59 May 25, 2007 Jkt 059008 PO 00000 Frm 00032 Fmt 6659 Sfmt 6602 E:\HR\OC\HR168.XXX HR168

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tive assessments; (3) the establishment of partnerships with nonprofit entities with a demonstrated track record in recruiting and 

retaining outstanding teachers and school-based school principals, 

assistant principals, principal resident directors, and assistant directors; and (4) paid release time for teachers and principals to 

identify and replicate successful practices from the fastest-improving and highest-performing schools. 

GENERAL PROVISIONS—THIS CHAPTER 

SEC. 4701. Section 105(b) of title IV of division B of Public Law 

109–148 is amended by adding at the end the following new sentence: ‘‘With respect to the program authorized by section 102 of 

this Act, the waiver authority in subsection (a) of this section shall 

be available until the end of fiscal year 2008.’’. SEC. 4702. Notwithstanding section 2002(c) of the Social Security 

Act (42 U.S.C. 1397a(c)), funds made available under the heading 

‘‘Social Services Block Grant’’ in division B of Public Law 109–148 

shall be available for expenditure by the States through the end of 

fiscal year 2009. 

SEC. 4703. (a) In the event that Louisiana, Mississippi, Alabama, 

or Texas fails to meet its match requirement with funds appropriated in fiscal years 2006 or 2007, for fiscal years 2008 and 2009, 

the Secretary of Health and Human Services may waive the application of section 2617(d)(4) of the Public Health Service Act for 

Louisiana, Mississippi, Alabama, and Texas. 

(b) The Secretary may not exercise the waiver authority available 

under subsection (a) to allow a grantee to provide less than a 25 

percent matching grant. 

(c) For grant years beginning in 2008, Louisiana, Mississippi, 

Alabama, and Texas and any eligible metropolitan area in Louisiana, Mississippi, Alabama, and Texas shall comply with each of 

the applicable requirements under title XXVI of the Public Health 

Service Act (42 U.S.C. 300ff–11 et seq.). 

CHAPTER 8 

DEPARTMENT OF TRANSPORTATION 

FEDERAL HIGHWAY ADMINISTRATION

FEDERAL-AID HIGHWAYS

EMERGENCY RELIEF PROGRAM

(INCLUDING RESCISSION OF FUNDS)

For an additional amount for the Emergency Relief Program as 

authorized under section 125 of title 23, United States Code, 

$871,022,000, to remain available until expended: Provided, That 

section 125(d)(1) of title 23, United States Code, shall not apply to 

emergency relief projects that respond to damage caused by the 

2005–2006 winter storms in the State of California: Provided further, That of the unobligated balances of funds apportioned to each 

State under chapter 1 of title 23, United States Code, $871,022,000 

are rescinded: Provided further, That such rescission shall not 

apply to the funds distributed in accordance with sections 130(f) 

and 104(b)(5) of title 23, United States Code; sections 133(d)(1) and 


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163 of such title, as in effect on the day before the date of enactment of Public Law 109–59; and the first sentence of section 

133(d)(3)(A) of such title. 

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 


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35 

housing agencies that would receive less funding under the previous proviso than they would receive under this proviso and that 

have been placed in receivership or the Secretary has declared to 

be in breach of an Annual Contributions Contract by June 1, 2007; 

and (3) public housing agencies that spent more in calendar year 

2006 than the total of the amounts of any such public housing 

agency’s allocation amount for calendar year 2006 and the amount 

of any such public housing agency’s available housing assistance 

payments undesignated funds balance from calendar year 2005 and 

the amount of any such public housing agency’s available administrative fees undesignated funds balance through calendar year 

2006’’. SEC. 4803. Section 901 of Public Law 109–148 is amended by deleting ‘‘calendar year 2006’’ and inserting ‘‘calendar years 2006 and 

2007’’. 

CHAPTER 9 

DEPARTMENT OF VETERANS AFFAIRS 

DEPARTMENTAL ADMINISTRATION

CONSTRUCTION, MINOR PROJECTS

(INCLUDING RESCISSION OF FUNDS)

For an additional amount for Department of Veterans Affairs, ‘‘Construction, Minor Projects’’, $14,484,754, to remain available 

until September 30, 2008, for necessary expenses related to the 

consequences of Hurricane Katrina and other hurricanes of the 

2005 season. 

Of the funds available until September 30, 2007, for the ‘‘Construction, Minor Projects’’ account of the Department of Veterans 

Affairs, pursuant to section 2702 of Public Law 109–234, 

$14,484,754 are hereby rescinded. 

TITLE V—OTHER EMERGENCY 

APPROPRIATIONS 

CHAPTER 1 

DEPARTMENT OF AGRICULTURE 

GENERAL PROVISION—THIS CHAPTER 

SEC. 5101. In addition to any other available funds, there is here- by appropriated $40,000,000 to the Secretary of Agriculture, to remain available until expended, for programs and activities of the 

Department of Agriculture, as determined by the Secretary, to provide recovery assistance in response to damage in conjunction with 

the Presidential declaration of a major disaster (FEMA–1699–DR) 

dated May 6, 2007, for needs not met by the Federal Emergency 

Management Agency or private insurers: Provided, That, in addition, the Secretary may use funds provided under this section, consistent with the provisions of this section, to respond to any other 

Presidential declaration of a major disaster issued under the authority of the Robert T. Stafford Disaster Relief and Emergency AsVerDate Aug 31 2005 23:59 May 25, 2007 Jkt 059008 PO 00000 Frm 00035 Fmt 6659 Sfmt 6602 E:\HR\OC\HR168.XXX HR168

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sistance Act, 42 U.S.C. 5121–5206 (the Stafford Act), declared during fiscal year 2007 for events occurring before the date of the enactment of this Act or a Secretary of Agriculture declaration of a 

natural disaster, declared during fiscal year 2007 for events occurring before the date of the enactment of this Act. 

CHAPTER 2 

DEPARTMENT OF COMMERCE 

NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION

OPERATIONS, RESEARCH, AND FACILITIES

For an additional amount for ‘‘Operations, Research, and Facilities’’, $60,400,000, to remain available until September 30, 2008: 

Provided, That the National Marine Fisheries Service shall cause 

such amounts to be distributed among eligible recipients of assistance for the commercial fishery failure designated under section 

312(a) of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1861a(a)) and declared by the Secretary of 

Commerce on August 10, 2006. 

CHAPTER 3 

DEPARTMENT OF DEFENSE—CIVIL 

DEPARTMENT OF THE ARMY 

CORPS OF ENGINEERS—CIVIL

INVESTIGATIONS

For an additional amount for ‘‘Investigations’’ for flood damage 

reduction studies to address flooding associated with disasters covered by Presidential Disaster Declaration FEMA–1692–DR, 

$8,165,000, to remain available until expended. 

CONSTRUCTION

For an additional amount for ‘‘Construction’’ for flood damage reduction activities associated with disasters covered by Presidential 

Disaster Declarations FEMA–1692–DR and FEMA–1694–DR, 

$11,200,000, to remain available until expended. 

OPERATION AND MAINTENANCE

For an additional amount for ‘‘Operation and Maintenance’’ to 

dredge navigation channels related to the consequences of hurricanes of the 2005 season, $3,000,000, to remain available until expended. 

FLOOD CONTROL AND COASTAL EMERGENCIES

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

(33 U.S.C. 701n), to support emergency operations, repairs and 

other activities in response to flood, drought and earthquake emergencies as authorized by law, $153,300,000, to remain available 

until expended: Provided, That the Chief of Engineers, acting 


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37 

through the Assistant Secretary of the Army for Civil Works, shall 

provide a monthly report to the House and Senate Committees on 

Appropriations detailing the allocation and obligation of these 

funds, beginning not later than 60 days after enactment of this Act: 

Provided further, That of the funds provided under this heading, $7,000,000 shall be available for drought emergency assistance. 

DEPARTMENT OF THE INTERIOR 

BUREAU OF RECLAMATION

WATER AND RELATED RESOURCES

For an additional amount for ‘‘Water and Related Resources’’, $18,000,000, to remain available until expended for drought assistance: Provided, That drought assistance may be provided under the 

Reclamation States Drought Emergency Act or other applicable 

Reclamation authorities to assist drought plagued areas of the 

West. 

CHAPTER 4 

DEPARTMENT OF THE INTERIOR 

BUREAU OF LAND MANAGEMENT

WILDLAND FIRE MANAGEMENT

(INCLUDING TRANSFER OF FUNDS)

For an additional amount for ‘‘Wildland Fire Management’’, $95,000,000, to remain available until expended, for urgent 

wildland fire suppression activities: Provided, That such funds 

shall only become available if funds previously provided for 

wildland fire suppression will be exhausted imminently and the 

Secretary of the Interior notifies the House and Senate Committees 

on Appropriations in writing of the need for these additional funds: 

Provided further, That such funds are also available for repayment 

to other appropriations accounts from which funds were transferred 

for wildfire suppression. 

UNITED STATES FISH AND WILDLIFE SERVICE

RESOURCE MANAGEMENT

For an additional amount for ‘‘Resource Management’’ for the detection of highly pathogenic avian influenza in wild birds, including 

the investigation of morbidity and mortality events, targeted surveillance in live wild birds, and targeted surveillance in huntertaken birds, $7,398,000, to remain available until September 30, 

2008. 

NATIONAL PARK SERVICE

OPERATION OF THE NATIONAL PARK SYSTEM

For an additional amount for ‘‘Operation of the National Park 

System’’ for the detection of highly pathogenic avian influenza in 

wild birds, including the investigation of morbidity and mortality 

events, $525,000, to remain available until September 30, 2008. 


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38 

UNITED STATES GEOLOGICAL SURVEY

SURVEYS, INVESTIGATIONS, AND RESEARCH

For an additional amount for ‘‘Surveys, Investigations, and Research’’ for the detection of highly pathogenic avian influenza in 

wild birds, including the investigation of morbidity and mortality 

events, targeted surveillance in live wild birds, and targeted surveillance in hunter-taken birds, $5,270,000, to remain available 

until September 30, 2008. 

DEPARTMENT OF AGRICULTURE 

FOREST SERVICE

NATIONAL FOREST SYSTEM

For an additional amount for ‘‘National Forest System’’ for the 

implementation of a nationwide initiative to increase protection of 

national forest lands from drug-trafficking organizations, including 

funding for additional law enforcement personnel, training, equipment and cooperative agreements, $12,000,000, to remain available 

until expended. 

WILDLAND FIRE MANAGEMENT

(INCLUDING TRANSFER OF FUNDS)

For an additional amount for ‘‘Wildland Fire Management’’, 

$370,000,000, to remain available until expended, for urgent 

wildland fire suppression activities: Provided, That such funds 

shall only become available if funds provided previously for 

wildland fire suppression will be exhausted imminently and the 

Secretary of Agriculture notifies the House and Senate Committees 

on Appropriations in writing of the need for these additional funds: 

Provided further, That such funds are also available for repayment 

to other appropriation accounts from which funds were transferred 

for wildfire suppression. 

GENERAL PROVISION—THIS CHAPTER 

SEC. 5401. (a) For fiscal year 2007, payments shall be made from 

any revenues, fees, penalties, or miscellaneous receipts described in 

sections 102(b)(3) and 103(b)(2) of the Secure Rural Schools and 

Community Self-Determination Act of 2000 (Public Law 106–393; 

16 U.S.C. 500 note), not to exceed $100,000,000, and the payments 

shall be made, to the maximum extent practicable, in the same 

amounts, for the same purposes, and in the same manner as were 

made to States and counties in 2006 under that Act. 

(b) There is appropriated $425,000,000, to remain available until 

December 31, 2007, to be used to cover any shortfall for payments 

made under this section from funds not otherwise appropriated. 

(c) Titles II and III of Public Law 106–393 are amended, effective 

September 30, 2006, by striking ‘‘2006’’ and ‘‘2007’’ each place they 

appear and inserting ‘‘2007’’ and ‘‘2008’’, respectively. 


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39 

CHAPTER 5 

DEPARTMENT OF HEALTH AND HUMAN SERVICES 

CENTERS FOR DISEASE CONTROL AND PREVENTION

DISEASE CONTROL, RESEARCH AND TRAINING

For an additional amount for ‘‘Department of Health and Human 

Services, Centers for Disease Control and Prevention, Disease Control, Research and Training’’, to carry out section 501 of the Federal Mine Safety and Health Act of 1977 and section 6 of the Mine 

Improvement and New Emergency Response Act of 2006, 

$13,000,000 for research to develop mine safety technology, including necessary repairs and improvements to leased laboratories: 

Provided, That progress reports on technology development shall be 

submitted to the House and Senate Committees on Appropriations 

and the Committee on Health, Education, Labor and Pensions of 

the Senate and the Committee on Education and Labor of the 

House of Representatives on a quarterly basis: Provided further, 

That the amount provided under this heading shall remain available until September 30, 2008. 

For an additional amount for ‘‘Department of Health and Human 

Services, Centers for Disease Control and Prevention, Disease Control, Research and Training’’, to carry out activities under section 

5011(b) of the Emergency Supplemental Appropriations Act to Address Hurricanes in the Gulf of Mexico and Pandemic Influenza, 

2006 (Public Law 109–148), $50,000,000, to remain available until 

expended. 

GENERAL PROVISIONS—THIS CHAPTER 

(INCLUDING RESCISSIONS)

SEC. 5501. (a). From unexpended balances available for the 

Training and Employment Services account under the Department 

of Labor, the following amounts are hereby rescinded—

(1) $3,589,000 transferred pursuant to the 2001 Emergency 

Supplemental Appropriations Act for Recovery from and Response to Terrorist Attacks on the United States (Public Law 

107–38); 

(2) $834,000 transferred pursuant to the Emergency Supplemental Appropriations Act of 1994 (Public Law 103–211); and 

(3) $71,000 for the Consortium for Worker Education pursuant to the Emergency Supplemental Act, 2002 (Public Law 

107–117). 

(b) From unexpended balances available for the State Unemployment Insurance and Employment Service Operations account 

under the Department of Labor pursuant to the Emergency Supplemental Act, 2002 (Public Law 107–117), $4,100,000 are hereby rescinded. 

SEC. 5502. (a) For an additional amount under ‘‘Department of 

Education, Safe Schools and Citizenship Education’’, $8,594,000 

shall be available for Safe and Drug-Free Schools National Programs for competitive grants to local educational agencies to address youth violence and related issues. 


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40 

(b) The competition under subsection (a) shall be limited to local 

educational agencies that operate schools currently identified as 

persistently dangerous under section 9532 of the Elementary and 

Secondary Education Act of 1965. 

SEC. 5503. Unobligated balances from funds appropriated in the 

Department of Defense and Emergency Supplemental Appropriations for Recovery from and Response to Terrorist Attacks on the 

United States Act, 2002 (Public Law 107–117) to the Department 

of Health and Human Services under the heading ‘‘Public Health 

and Social Services Emergency Fund’’ that are available for bioterrorism preparedness and disaster response activities in the Office 

of the Secretary shall also be available for the construction, renovation and improvement of facilities on federally-owned land as necessary for continuity of operations activities. 

CHAPTER 6 

LEGISLATIVE BRANCH 

CAPITOL POLICE 

GENERAL EXPENSES

For an additional amount for ‘‘Capitol Police, General Expenses’’, 

$10,000,000 for a radio modernization program, to remain available 

until expended: Provided, That the Chief of the Capitol Police may 

not obligate any of the funds appropriated under this heading without approval of an obligation plan by the Committees on Appropriations of the Senate and the House of Representatives. 

ARCHITECT OF THE CAPITOL 

CAPITOL POWER PLANT

For an additional amount for ‘‘Capitol Power Plant’’, $50,000,000, 

for utility tunnel repairs and asbestos abatement, to remain available until September 30, 2011: Provided, That the Architect of the 

Capitol may not obligate any of the funds appropriated under this 

heading without approval of an obligation plan by the Committees 

on Appropriations of the Senate and House of Representatives. 

CHAPTER 7 

DEPARTMENT OF VETERANS AFFAIRS 

VETERANS HEALTH ADMINISTRATION

MEDICAL SERVICES

For an additional amount for ‘‘Medical Services’’, $466,778,000, 

to remain available until expended, of which $30,000,000 shall be 

for the establishment of at least one new Level I comprehensive 

polytrauma center; $9,440,000 shall be for the establishment of 

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 enVerDate Aug 31 2005 23:59 May 25, 2007 Jkt 059008 PO 00000 Frm 00040 Fmt 6659 Sfmt 6602 E:\HR\OC\HR168.XXX HR168

bajohnson on PROD1PC69 with REPORTS
41 

hancements to mental health services; $8,000,000 shall be for 

polytrauma support clinic teams; $5,356,000 shall be for additional 

polytrauma points of contact; $228,982,000 shall be for treatment 

of Operation Enduring Freedom and Operation Iraqi Freedom veterans; and $25,000,000 shall be for prosthetics. 

MEDICAL ADMINISTRATION

For an additional amount for ‘‘Medical Administration’’, 

$250,000,000, to remain available until expended. 

MEDICAL FACILITIES

For an additional amount for ‘‘Medical Facilities’’, $595,000,000, 

to remain available until expended, of which $45,000,000 shall be 

used for facility and equipment upgrades at the Department of Veterans Affairs polytrauma network sites; and $550,000,000 shall be 

for non-recurring maintenance as identified in the Department of 

Veterans Affairs Facility Condition Assessment report: Provided, 

That the amount provided under this heading for 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 maintenance prior to 

obligation: Provided further, That semi-annually, on October 1 and 

April 1, the Secretary shall submit to the Committees on Appropriations of both Houses of Congress a report on the status of funding for non-recurring maintenance, including obligations and unobligated balances for each project identified in the expenditure plan. 

MEDICAL AND PROSTHETIC RESEARCH

For an additional amount for ‘‘Medical and Prosthetic Research’’, 

$32,500,000, to remain available until expended, which shall be 

used for research related to the unique medical needs of returning 

Operation Enduring Freedom and Operation Iraqi Freedom veterans. 

DEPARTMENTAL ADMINISTRATION

GENERAL OPERATING EXPENSES

(INCLUDING TRANSFER OF FUNDS)

For an additional amount for ‘‘General Operating Expenses’’, 

$83,200,000, to remain available until expended, of which 

$1,250,000 shall be for digitization of military records; $60,750,000 

shall be for expenses related to hiring and training new claims 

processing personnel; up to $1,200,000 shall be for an independent 

study of the organizational structure, management and coordination processes, including seamless transition, utilized by the Department of Veterans Affairs to provide health care and benefits to 

active 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 


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42 

the digitization of military records used to verify stressors for benefits claims. 

INFORMATION TECHNOLOGY SYSTEMS

For an additional amount for ‘‘Information Technology Systems’’, 

$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 ten years. 

SEC. 5702. Notwithstanding any other provision of law, appropriations made by Public Law 110–5, which the Secretary of Veterans Affairs contributes to the Department of Defense/Department 

of Veterans Affairs Health Care Sharing Incentive Fund under the 

authority of section 8111(d) of title 38, United States Code, shall 

remain available until expended for any purpose authorized by section 8111 of title 38, United States Code. 

SEC. 5703. (a)(1) The Secretary of Veterans Affairs (referred to 

in this section as the ‘‘Secretary’’) may convey to the State of Texas, 

without consideration, all rights, title, and interest of the United 

States in and to the parcel of real property comprising the location 

of the Marlin, Texas, Department of Veterans Affairs Medical Center. 

(2) The property conveyed under paragraph (1) shall be used by 

the State of Texas for the purposes of a prison. 

(b) In carrying out the conveyance under subsection (a), the Secretary shall conduct environmental cleanup on the parcel to be conveyed, at a cost not to exceed $500,000, using amounts made available for environmental cleanup of sites under the jurisdiction of the 

Secretary. 

(c) Nothing in this section may be construed to affect or limit the 

application of or obligation to comply with any environmental law, 


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43 

including section 120(h) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 

9620(h)). 

SEC. 5704. (a) Funds provided in this Act for the following accounts shall be made available for programs under the conditions 

contained in the language of the joint explanatory statement of 

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

110th Congress (H. Rept. 110–107): 

‘‘Medical Services’’. 

‘‘Medical Administration’’. 

‘‘Medical Facilities’’. 

‘‘Medical and Prosthetic Research’’. 

‘‘General Operating Expenses’’. 

‘‘Information Technology Systems’’. 

‘‘Construction, Minor Projects’’. 

(b) The Secretary of Veterans Affairs shall submit all reports requested in House Report 110–60 and Senate Report 110–37, to the 

Committees on Appropriations of both Houses of Congress. 

SEC. 5705. Subsection (d) of section 2023 of title 38, United 

States Code, is amended by striking ‘‘shall cease’’ and all that follows through ‘‘program’’ and inserting ‘‘shall cease on September 

30, 2007’’. 

TITLE VI—OTHER MATTERS 

CHAPTER 1 

DEPARTMENT OF AGRICULTURE 

FARM SERVICE AGENCY

SALARIES AND EXPENSES

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

Farm Service Agency, $37,500,000, to remain available until September 30, 2008: Provided, That this amount shall only be available for network and database/application stabilization. 

GENERAL PROVISIONS—THIS CHAPTER 

SEC. 6101. Of the funds made available through appropriations 

to the Food and Drug Administration for fiscal year 2007, not less 

than $4,000,000 shall be for the Office of Women’s Health of such 

Administration. 

SEC. 6102. None of the funds made available to the Department 

of Agriculture for fiscal year 2007 may be used to implement the 

risk-based inspection program in the 30 prototype locations announced on February 22, 2007, by the Under Secretary for Food 

Safety, or at any other locations, until the USDA Office of Inspector General has provided its findings to the Food Safety and Inspection Service and the Committees on Appropriations of the 

House of Representatives and the Senate on the data used in support of the development and design of the risk-based inspection 

program and FSIS has addressed and resolved issues identified by 

OIG. 


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CHAPTER 2 

GENERAL PROVISIONS—THIS CHAPTER 

SEC. 6201. Hereafter, federal employees at the National Energy 

Technology Laboratory shall be classified as inherently governmental for the purpose of the Federal Activities Inventory Reform 

Act of 1998 (31 U.S.C. 501 note). 

SEC. 6202. None of the funds made available under this or any 

other Act shall be used during fiscal year 2007 to make, or plan 

or prepare to make, any payment on bonds issued by the Administrator of the Bonneville Power Administration (referred in this section as the ‘‘Administrator’’) or for an appropriated Federal Columbia River Power System investment, if the payment is both—

(1) greater, during any fiscal year, than the payments calculated in the rate hearing of the Administrator to be made 

during that fiscal year using the repayment method used to establish the rates of the Administrator as in effect on October 

1, 2006; and 

(2) based or conditioned on the actual or expected net secondary power sales receipts of the Administrator. 

CHAPTER 3 

GENERAL PROVISIONS—THIS CHAPTER 

SEC. 6301. (a) Section 102(a)(3)(B) of the Help America Vote Act 

of 2002 (42 U.S.C. 15302(a)(3)(B)) is amended by striking ‘‘January 

1, 2006’’ and inserting ‘‘March 1, 2008’’. 

(b) The amendment made by subsection (a) shall take effect as 

if included in the enactment of the Help America Vote Act of 2002. 

SEC. 6302. The structure of any of the offices or components 

within the Office of National Drug Control Policy shall remain as 

they were on October 1, 2006. None of the funds appropriated or 

otherwise made available in the Continuing Appropriations Resolution, 2007 (Public Law 110–5) may be used to implement a reorganization of offices within the Office of National Drug Control Policy 

without the explicit approval of the Committees on Appropriations 

of the House of Representatives and the Senate. 

SEC. 6303. From the amount provided by section 21067 of the 

Continuing Appropriations Resolution, 2007 (Public Law 110–5), 

the National Archives and Records Administration may obligate 

monies necessary to carry out the activities of the Public Interest 

Declassification Board. 

SEC. 6304. Notwithstanding the notice requirement of the Transportation, Treasury, Housing and Urban Development, the Judiciary, the District of Columbia, and Independent Agencies Appropriations Act, 2006, 119 Stat. 2509 (Public Law 109–115), as continued 

in section 104 of the Continuing Appropriations Resolution, 2007 

(Public Law 110–5), the District of Columbia Courts may reallocate 

not more than $1,000,000 of the funds provided for fiscal year 2007 

under the Federal Payment to the District of Columbia Courts for 

facilities among the items and entities funded under that heading 

for operations. 

SEC. 6305. (a) Not later than 90 days after the date of enactment 

of this Act, the Secretary of the Treasury, in coordination with the 


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45 

Securities and Exchange Commission and in consultation with the 

Departments of State and Energy, shall prepare and submit to the 

Senate Committee on Appropriations, the House Committee on Appropriations, the Senate Committee on Banking, Housing, and 

Urban Affairs, the House Committee on Financial Services, the 

Senate Foreign Relations Committee, and the House Foreign Affairs Committee a written report, which may include a classified 

annex, containing the names of companies which either directly or 

through a parent or subsidiary company, including partly-owned 

subsidiaries, are known to conduct significant business operations 

in Sudan relating to natural resource extraction, including oil-related activities and mining of minerals. The reporting provision 

shall not apply to companies operating under licenses from the Office of Foreign Assets Control or otherwise expressly exempted 

under United States law from having to obtain such licenses in 

order to operate in Sudan. 

(b) Not later than 45 days following the submission to Congress 

of the list of companies conducting business operations in Sudan 

relating to natural resource extraction as required above, the General Services Administration shall determine whether the United 

States Government has an active contract for the procurement of 

goods or services with any of the identified companies, and provide 

notification to the appropriate committees of Congress, which may 

include a classified annex, regarding the companies, nature of the 

contract, and dollar amounts involved. 

(INCLUDING RESCISSION)

SEC. 6306. (a) Of the funds provided for the General Services Administration, ‘‘Office of Inspector General’’ in section 21061 of the 

Continuing Appropriations Resolution, 2007 (division B of Public 

Law 109–289, as amended by Public Law 110–5), $4,500,000 are 

rescinded. 

(b) For an additional amount for the General Services Administration, ‘‘Office of Inspector General’’, $4,500,000, to remain available until September 30, 2008. 

(c) With the additional amount of $9,336,000 appropriated in 

Public Law 110–5 and in this Act, above the amount appropriated 

in Public Law 109–115, of which $4,500,000 remains available for 

obligation in fiscal year 2008, the Office of Inspector General shall 

hire additional staff for internal audits and investigations, and the 

remaining funds shall be for one-time associated needs such as information technology and other such administrative support. 

SEC. 6307. Section 21073 of the Continuing Appropriations Resolution, 2007 (Public Law 110–5) is amended by adding a new subsection (j) as follows: 

‘‘(j) Notwithstanding section 101, any appropriation or funds 

made available to the District of Columbia pursuant to this Act for 

‘Federal Payment for Foster Care Improvement in the District of 

Columbia’ shall be available in accordance with an expenditure 

plan submitted by the Mayor of the District of Columbia not later 

than 60 days after the enactment of this section which details the 

activities to be carried out with such Federal Payment.’’. 

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 


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46 

disaster assistance, physical and economic injury disaster loans to 

Kansas businesses and homeowners devastated by the severe tornadoes, storms, and flooding that occurred beginning on May 4, 

2007. 

CHAPTER 4 

DEPARTMENT OF HOMELAND SECURITY 

GENERAL PROVISIONS—THIS CHAPTER 

SEC. 6401. Not to exceed $30,000,000 from unobligated balances 

remaining from prior appropriations for United States Coast 

Guard, ‘‘Retired Pay’’, shall remain available until expended in the 

account and for the purposes for which the appropriations were 

provided, including the payment of obligations otherwise chargeable to lapsed or current appropriations for this purpose: Provided, 

That within 45 days after the date of enactment of this Act, the 

United States Coast Guard shall submit to the Committees on Appropriations of the Senate and the House of Representatives the 

following: (1) a report on steps being taken to improve the accuracy 

of its estimates for the ‘‘Retired Pay’’ appropriation, and (2) quarterly reports on the use of unobligated balances made available by 

this Act to address the projected shortfall in the ‘‘Retired Pay’’ appropriation, as well as updated estimates for fiscal year 2008. 

SEC. 6402. (a) IN GENERAL.—Any contract, subcontract, task or 

delivery order described in subsection (b) shall contain the following: 

(1) A requirement for a technical review of all designs, design changes, and engineering change proposals, and a requirement to specifically address all engineering concerns identified 

in the review before the obligation of further funds may occur. 

(2) A requirement that the Coast Guard maintain technical 

warrant holder authority, or the equivalent, for major assets. 

(3) A requirement that no procurement subject to subsection 

(b) for lead asset production or the implementation of a major 

design change shall be entered into unless an independent 

third party with no financial interest in the development, construction, or modification of any component of the asset, selected by the Commandant, determines that such action is advisable. 

(4) A requirement for independent life-cycle cost estimates of 

lead assets and major design and engineering changes. 

(5) A requirement for the measurement of contractor and 

subcontractor performance based on the status of all work performed. For contracts under the Integrated Deepwater Systems 

program, such requirement shall include a provision that links 

award fees to successful acquisition outcomes (which shall be 

defined in terms of cost, schedule, and performance). 

(6) A requirement that the Commandant of the Coast Guard 

assign an appropriate officer or employee of the Coast Guard 

to act as chair of each integrated product team and higherlevel 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, 


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47 

letter contract modification thereof, or other similar contract, 

for the acquisition or modification of an asset under a procurement subject to subsection (b) unless the Coast Guard and the 

contractor concerned have formally agreed to all terms and 

conditions or the head of contracting activity for the Coast 

Guard determines that a compelling need exists for the award 

or issue of such instrument. 

(b) CONTRACTS, SUBCONTRACTS, TASK AND DELIVERY ORDERS

COVERED.—Subsection (a) applies to—

(1) any major procurement contract, first-tier subcontract, 

delivery or task order entered into by the Coast Guard; 

(2) any first-tier subcontract entered into under such a contract; and 

(3) any task or delivery order issued pursuant to such a contract or subcontract. 

(c) EXPENDITURE OF DEEPWATER FUNDS.—Of the funds available 

for the Integrated Deepwater Systems program, $650,000,000 may 

not be obligated until the Committees on Appropriations of the 

Senate and the House of Representatives receive an expenditure 

plan directly from the Coast Guard that—

(1) defines activities, milestones, yearly costs, and 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 procurement; 

(4) describes procurement plans that do not rely on a single 

industry entity or contract; 

(5) contains very limited indefinite delivery/indefinite quantity contracts and explains the need for any indefinite delivery/ 

indefinite quantity contracts; 

(6) complies with all applicable acquisition rules, requirements, and guidelines, and incorporates the best systems acquisition management practices of the Federal Government; 

(7) complies with the capital planning and investment control requirements established by the Office of Management and 

Budget, including circular A–11, part 7; 

(8) includes a certification by the head of contracting activity 

for the Coast Guard and the Chief Procurement Officer of the 

Department of Homeland Security that the Coast Guard has 

established sufficient controls and procedures and has sufficient staffing to comply with all contracting requirements, and 

that any conflicts of interest have been sufficiently addressed; 

(9) includes a description of the process used to act upon deviations from the contractually specified performance requirements and clearly explains the actions taken on such deviations; 

(10) includes a certification that the Assistant Commandant 

of the Coast Guard for Engineering and Logistics is designated 

as the technical authority for all engineering, design, and logistics decisions pertaining to the Integrated Deepwater Systems 

program; and 

(11) identifies progress in complying with the requirements 

of subsection (a). 


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(d) REPORTS.—(1) Not later than 30 days after the date of enactment of this Act, the Commandant of the Coast Guard shall submit 

to the Committees on Appropriations of the Senate and the House 

of Representatives; the Committee on Commerce, Science and 

Transportation of the Senate; and the Committee on Transportation and Infrastructure of the House of Representatives: (i) a report on the resources (including training, staff, and expertise) required by the Coast Guard to provide appropriate management and 

oversight of the Integrated Deepwater Systems program; and (ii) a 

report on how the Coast Guard will utilize full and open competition for any contract that provides for the acquisition or modification of assets under, or in support of, the Integrated Deepwater 

Systems program, entered into after the date of enactment of this 

Act. 

(2) Within 30 days following the submission of the expenditure 

plan required under subsection (c), the Government Accountability 

Office shall review the plan and brief the Committees on Appropriations of the Senate and the House of Representatives on its 

findings. 

SEC. 6403. None of the funds provided in this Act or any other 

Act may be used to alter or reduce operations within the Civil Engineering Program of the Coast Guard nationwide, including the 

civil engineering units, facilities, design and construction centers, 

maintenance and logistics command centers, and the Coast Guard 

Academy, except as specifically authorized by a statute enacted 

after the date of enactment of this Act. 

(INCLUDING RESCISSIONS OF FUNDS)

SEC. 6404. (a) RESCISSIONS.—The following unobligated balances 

made available pursuant to section 505 of Public Law 109–90 are 

rescinded: $1,200,962 from the ‘‘Office of the Secretary and Executive Management’’; $512,855 from the ‘‘Office of the Under Secretary for Management’’; $461,874 from the ‘‘Office of the Chief Information Officer’’; $45,080 from the ‘‘Office of the Chief Financial 

Officer’’; $968,211 from Preparedness ‘‘Management and Administration’’; $1,215,486 from Science and Technology ‘‘Management 

and Administration’’; $450,000 from United States Secret Service 

‘‘Salaries and Expenses’’; $450,000 from Federal Emergency Management Agency ‘‘Administrative and Regional Operations’’; and 

$25,595,532 from United States Coast Guard ‘‘Operating Expenses’’. 

(b) ADDITIONAL APPROPRIATIONS.—

(1) For an additional amount for United States Coast Guard 

‘‘Acquisition, Construction, and Improvements’’, $30,000,000, to 

remain available until September 30, 2009, to mitigate the 

Service’s patrol boat operational gap. 

(2) For an additional amount for the ‘‘Office of the Under 

Secretary for Management’’, $900,000 for an independent study 

to compare the Department of Homeland Security senior career 

and political staffing levels and senior career training programs with those of similarly structured cabinet-level agencies 

as detailed in House Report 110–107: Provided, That the Department of Homeland Security shall provide to the Committees on Appropriations of the Senate and the House of Representatives by July 20, 2007, a report on senior staffing, as 


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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. 

SEC. 6405. (a) IN GENERAL.—With respect to contracts entered 

into after July 1, 2007, and except as provided in subsection (b), 

no entity performing lead system integrator functions in the acquisition of a major system by the Department of Homeland Security 

may have any direct financial interest in the development or construction of any individual system or element of any system of systems. 

(b) EXCEPTION.—An entity described in subsection (a) may have 

a direct financial interest in the development or construction of an 

individual system or element of a system of systems if—

(1) the Secretary of Homeland Security certifies to the Committees on Appropriations of the Senate and the House of Representatives, the Committee on Homeland Security of the 

House of Representatives, the Committee on Transportation 

and Infrastructure of the House of Representatives, the Committee on Homeland Security and Governmental Affairs of the 

Senate, and the Committee on Commerce, Science and Transportation of the Senate that—

(A) the entity was selected by the Department of Homeland Security as a contractor to develop or construct the 

system or element concerned through the use of competitive procedures; and 

(B) the Department took appropriate steps to prevent 

any organizational conflict of interest in the selection process; or 

(2) the entity was selected by a subcontractor to serve as a 

lower-tier subcontractor, through a process over which the entity exercised no control. 

(c) CONSTRUCTION.—Nothing in this section shall be construed to 

preclude an entity described in subsection (a) from performing 

work necessary to integrate two or more individual systems or elements of a system of systems with each other. 

(d) REGULATIONS UPDATE.—Not later than July 1, 2007, the Secretary of Homeland Security shall update the acquisition regulations of the Department of Homeland Security in order to specify 

fully in such regulations the matters with respect to lead system 

integrators set forth in this section. Included in such regulations 

shall be: (1) a precise and comprehensive definition of the term 

‘‘lead system integrator’’, modeled after that used by the Department of Defense; and (2) a specification of various types of contracts and fee structures that are appropriate for use by lead system integrators in the production, fielding, and sustainment of 

complex systems. 

CHAPTER 5 

GENERAL PROVISIONS—THIS CHAPTER 

SEC. 6501. Section 20515 of the Continuing Appropriations Resolution, 2007 (division B of Public Law 109–289, as amended by 

Public Law 110–5) is amended by inserting before the period: ‘‘; 

and of which, not to exceed $143,628,000 shall be available for conVerDate Aug 31 2005 23:59 May 25, 2007 Jkt 059008 PO 00000 Frm 00049 Fmt 6659 Sfmt 6602 E:\HR\OC\HR168.XXX HR168

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tract 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 

amount: ‘‘, of which not to exceed $7,300,000 shall be transferred 

to the ‘Indian Health Facilities’ account; the amount in the second 

proviso shall be $18,000,000; the amount in the third proviso shall 

be $525,099,000; the amount in the ninth proviso shall be 

$269,730,000; and the $15,000,000 allocation of funding under the 

eleventh proviso shall not be required’’. 

SEC. 6503. Section 20501 of the Continuing Appropriations Resolution, 2007 (division B of Public Law 109–289, as amended by 

Public Law 110–5) is amended by inserting after ‘‘$55,663,000’’ the 

following: ‘‘of which $13,000,000 shall be for Save America’s Treasures’’. 

SEC. 6504. Funds made available to the United States Fish and 

Wildlife Service for fiscal year 2007 under the heading ‘‘Land Acquisition’’ may be used for land conservation partnerships authorized by the Highlands Conservation Act of 2004. 

CHAPTER 6 

DEPARTMENT OF HEALTH AND HUMAN SERVICES 

NATIONAL INSTITUTES OF HEALTH

NATIONAL INSTITUTE OF ALLERGY AND INFECTIOUS DISEASES

(TRANSFER OF FUNDS)

Of the amount provided by the Continuing Appropriations Resolution, 2007 (division B of Public Law 109–289, as amended by 

Public Law 110–5) for ‘‘National Institute of Allergy and Infectious 

Diseases’’, $49,500,000 shall be transferred to ‘‘Public Health and 

Social Services Emergency Fund’’ to carry out activities relating to 

advanced research and development as provided by section 319L of 

the Public Health Service Act. 

OFFICE OF THE DIRECTOR

(TRANSFER OF FUNDS)

Of the amount provided by the Continuing Appropriations Resolution, 2007 (division B of Public Law 109–289, as amended by 

Public Law 110–5) for ‘‘Office of the Director’’, $49,500,000 shall be 

transferred to ‘‘Public Health and Social Services Emergency Fund’’ to carry out activities relating to advanced research and development as provided by section 319L of the Public Health Service Act. 

NATIONAL COUNCIL ON DISABILITY

SALARIES AND EXPENSES

For an additional amount for ‘‘Salaries and Expenses’’, $300,000, 

to remain available until expended, for necessary expenses related 

to the requirements of the Post-Katrina Emergency Management 

Reform Act of 2006, as enacted by the Department of Homeland Security Appropriations Act, 2007 (Public Law 109–295). 


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GENERAL PROVISIONS—THIS CHAPTER 

(INCLUDING TRANSFERS OF FUNDS AND RESCISSIONS)

SEC. 6601. Section 20602 of the Continuing Appropriations Resolution, 2007 (division B of Public Law 109–289, as amended by 

Public Law 110–5) is amended by inserting the following after ‘‘$5,000,000’’: ‘‘(together with an additional $7,000,000 which shall 

be transferred by the Pension Benefit Guaranty Corporation as an 

authorized administrative cost), to remain available through September 30, 2008,’’. SEC. 6602. (a) None of the funds available to the Mine Safety and 

Health Administration under the Continuing Appropriations Resolution, 2007 (division B of Public Law 109–289, as amended by 

Public Law 110–5) shall be used to enter into or carry out a contract for the performance by a contractor of any operations or services pursuant to the public-private competitions conducted under 

Office of Management and Budget Circular A–76. 

(b) Hereafter, Federal employees at the Mine Safety and Health 

Administration shall be classified as inherently governmental for 

the purpose of the Federal Activities Inventory Reform Act of 1998 

(31 U.S.C. 501 note). 

SEC. 6603. Section 20607 of the Continuing Appropriations Resolution, 2007 (division B of Public Law 109–289, as amended by 

Public Law 110–5) is amended by inserting ‘‘of which $9,666,000 

shall be for the Women’s Bureau,’’ after ‘‘for child labor activities,’’. SEC. 6604. Of the amount provided for ‘‘Department of Health 

and Human Services, Health Resources and Services Administration, Health Resources and Services’’ in the Continuing Appropriations Resolution, 2007 (division B of Public Law 109–289, as 

amended by Public Law 110–5), $23,000,000 shall be for Poison 

Control Centers. 

SEC. 6605. From the amounts made available by the Continuing 

Appropriations Resolution, 2007 (division B of Public Law 109–289, 

as amended by Public Law 110–5) for the Office of the Secretary, 

General Departmental Management under the Department of 

Health and Human Services, $500,000 are rescinded. 

SEC. 6606. Section 20625(b)(1) of the Continuing Appropriations 

Resolution, 2007 (division B of Public Law 109–289, as amended by 

Public Law 110–5) is amended by—

(1) striking ‘‘$7,172,994,000’’ and inserting ‘‘$7,176,431,000’’; 

(2) amending subparagraph (A) to read as follows: ‘‘(A) 

$5,454,824,000 shall be for basic grants under section 1124 of 

the Elementary and Secondary Education Act of 1965 (ESEA), 

of which up to $3,437,000 shall be available to the Secretary 

of Education on October 1, 2006, to obtain annually updated 

educational-agency-level census poverty data from the Bureau 

of the Census;’’; and 

(3) amending subparagraph (C) to read as follows: ‘‘(C) not 

to exceed $2,352,000 may be available for section 1608 of the 

ESEA and for a clearinghouse on comprehensive school reform 

under part D of title V of the ESEA;’’. 

SEC. 6607. The provision in the first proviso under the heading 

‘‘Rehabilitation Services and Disability Research’’ in the Department of Education Appropriations Act, 2006, relating to alternative 

financing programs under section 4(b)(2)(D) of the Assistive TechVerDate Aug 31 2005 23:59 May 25, 2007 Jkt 059008 PO 00000 Frm 00051 Fmt 6659 Sfmt 6602 E:\HR\OC\HR168.XXX HR168

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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 Secretary of Health and Human Services completes the review and 

any necessary revision specified in paragraph (1), the provisions of 

section 1310.12(a) relating to Federal seat spacing requirements, 

and Federal supporting seating requirements related to 

compartmentalization, for allowable alternate vehicles used to 

transport children for a Head Start program, shall not apply to 

such a vehicle if such vehicle meets all other applicable Federal 

motor vehicle safety standards, as described in paragraph (1). 

SEC. 6611. (a)(1) Section 3(37)(G) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1002(37)(G)) (as amended by 

section 1106(a) of the Pension Protection Act of 2006) is amended— (A) in clause (i)(II)(aa), by striking ‘‘for each of the 3 plan 

years immediately before the date of the enactment of the Pension Protection Act of 2006,’’ and inserting ‘‘for each of the 3 


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plan years immediately preceding the first plan year for which 

the election under this paragraph is effective with respect to 

the plan,’’; 

(B) in clause (ii), by striking ‘‘starting with the first plan 

year ending after the date of the enactment of the Pension Protection Act of 2006’’ and inserting ‘‘starting with any plan year 

beginning on or after January 1, 1999, and ending before January 1, 2008, as designated by the plan in the election made 

under clause (i)(II)’’; and 

(C) by adding at the end the following new clause: ‘‘(vii) For purposes of this Act and the Internal Revenue Code of 

1986, a plan making an election under this subparagraph shall be 

treated as maintained pursuant to a collective bargaining agreement if a collective bargaining agreement, expressly or otherwise, 

provides for or permits employer contributions to the plan by one 

or more employers that are signatory to such agreement, or participation in the plan by one or more employees of an employer that 

is signatory to such agreement, regardless of whether the plan was 

created, established, or maintained for such employees by virtue of 

another document that is not a collective bargaining agreement.’’. (2) Paragraph (6) of section 414(f) of the Internal Revenue Code 

of 1986 (relating to election with regard to multiemployer status) 

(as amended by section 1106(b) of the Pension Protection Act of 

2006) is amended— (A) in subparagraph (A)(ii)(I), by striking ‘‘for each of the 3 

plan years immediately before the date of enactment of the 

Pension Protection Act of 2006,’’ and inserting ‘‘for each of the 

3 plan years immediately preceding the first plan year for 

which the election under this paragraph is effective with respect to the plan,’’; 

(B) in subparagraph (B), by striking ‘‘starting with the first 

plan year ending after the date of the enactment of the Pension Protection Act of 2006’’ and inserting ‘‘starting with any 

plan year beginning on or after January 1, 1999, and ending 

before January 1, 2008, as designated by the plan in the election made under subparagraph (A)(ii)’’; and 

(C) by adding at the end the following new subparagraph: 

‘‘(F) MAINTENANCE UNDER COLLECTIVE BARGAINING

AGREEMENT.—For purposes of this title and the Employee 

Retirement Income Security Act of 1974, a plan making an 

election under this paragraph shall be treated as maintained pursuant to a collective bargaining agreement if a 

collective bargaining agreement, expressly or otherwise, 

provides for or permits employer contributions to the plan 

by one or more employers that are signatory to such agreement, or participation in the plan by one or more employees of an employer that is signatory to such agreement, regardless of whether the plan was created, established, or 

maintained for such employees by virtue of another document that is not a collective bargaining agreement.’’. 

(b)(1) Clause (vi) of section 3(37)(G) of the Employee Retirement 

Income Security Act of 1974 (as amended by section 1106(a) of the 

Pension Protection Act of 2006) is amended by striking ‘‘if it is a 

plan—’’ and all that follows and inserting the following: ‘‘if it is a 

plan sponsored by an organization which is described in section 


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54 

501(c)(5) of the Internal Revenue Code of 1986 and exempt from 

tax under section 501(a) of such Code and which was established 

in Chicago, Illinois, on August 12, 1881.’’. 

(2) Subparagraph (E) of section 414(f)(6) of the Internal Revenue 

Code of 1986 (as amended by section 1106(b) of the Pension Protection Act of 2006) is amended by striking ‘‘if it is a plan—’’ and all 

that follows and inserting the following: ‘‘if it is a plan sponsored 

by an organization which is described in section 501(c)(5) and exempt from tax under section 501(a) and which was established in 

Chicago, Illinois, on August 12, 1881.’’. 

(c) The amendments made by this section shall take effect as if 

included in section 1106 of the Pension Protection Act of 2006. 

SEC. 6612. (a) Subclause (III) of section 420(f)(2)(E)(i) of the Internal Revenue Code of 1986 is amended by striking ‘‘subsection 

(c)(2)(E)(ii)(II)’’ and inserting ‘‘subsection (c)(3)(E)(ii)(II)’’. 

(b) Section 420(e)(2)(B) of the Internal Revenue Code of 1986 is 

amended by striking ‘‘funding shortfall’’ and inserting ‘‘funding target’’. 

(c) The amendments made by this section shall take effect as if 

included in the provisions of the Pension Protection Act of 2006 to 

which they relate. 

SEC. 6613. (a) Subparagraph (A) of section 420(c)(3) of the Internal Revenue Code of 1986 is amended by striking ‘‘transfer.’’ and 

inserting ‘‘transfer or, in the case of a transfer which involves a 

plan maintained by an employer described in subsection 

(f)(2)(E)(i)(III), if the plan meets the requirements of subsection 

(f)(2)(D)(i)(II).’’. 

(b) The amendment made by subsection (a) shall apply to transfers after the date of the enactment of this Act. 

SEC. 6614. (a) Section 402(i)(1) of the Pension Protection Act of 

2006 is amended by striking ‘‘December 28, 2007’’ and inserting 

‘‘January 1, 2008’’. 

(b) The amendment made by subsection (a) shall take effect as 

if included in section 402 of the Pension Protection Act of 2006. 

SEC. 6615. (a) Section 402(a)(2) of the Pension Protection Act of 

2006 is amended by inserting ‘‘and by using, in determining the 

funding target for each of the 10 plan years during such period, an 

interest rate of 8.25 percent (rather than the segment rates calculated on the basis of the corporate bond yield curve)’’ after ‘‘such 

plan year’’. 

(b) The amendment made by this section shall take effect as if 

included in the provisions of the Pension Protection Act of 2006 to 

which such amendment relates. 

CHAPTER 7 

LEGISLATIVE BRANCH 

HOUSE OF REPRESENTATIVES 

PAYMENT TO WIDOWS AND HEIRS OF DECEASED MEMBERS OF

CONGRESS

For payment to Gloria W. Norwood, widow of Charles W. Norwood, Jr., late a Representative from the State of Georgia, 

$165,200. 


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For payment to James McDonald, Jr., widower of Juanita 

Millender-McDonald, late a Representative from the State of California, $165,200. 

GENERAL PROVISION—THIS CHAPTER 

SEC. 6701. (a) There is established in the Office of the Architect 

of the Capitol the position of Chief Executive Officer for Visitor 

Services (in this section referred to as the ‘‘Chief Executive Officer’’), who shall be appointed by the Architect of the Capitol. 

(b) The Chief Executive Officer shall be responsible for the operation and management of the Capitol Visitor Center, subject to the 

direction of the Architect of the Capitol. In carrying out these responsibilities, the Chief Executive Officer shall report directly to 

the Architect of the Capitol and shall be subject to policy review 

and oversight by the Committee on Rules and Administration of 

the Senate and the Committee on House Administration of the 

House of Representatives. 

(c) The Chief Executive Officer shall be paid at an annual rate 

equal to the annual rate of pay for the Chief Operating Officer of 

the Office of the Architect of the Capitol. 

(d) This section shall apply with respect to fiscal year 2007 and 

each succeeding fiscal year. 

CHAPTER 8 

GENERAL PROVISIONS—THIS CHAPTER 

TECHNICAL AMENDMENT

SEC. 6801. (a) Notwithstanding any other provision of law, subsection (c) under the heading ‘‘Assistance for the Independent 

States of the Former Soviet Union’’ in Public Law 109–102, shall 

not apply to funds appropriated by the Continuing Appropriations 

Resolution, 2007 (Public Law 109–289, division B) as amended by 

Public Laws 109–369, 109–383, and 110–5. 

(b) Section 534(k) of the Foreign Operations, Export Financing, 

and Related Programs Appropriations Act, 2006 (Public Law 109– 102) is amended, in the second proviso, by inserting after ‘‘subsection (b) of that section’’ the following: ‘‘and the requirement that 

a majority of the members of the board of directors be United 

States citizens provided in subsection (d)(3)(B) of that section’’. (c) Subject to section 101(c)(2) of the Continuing Appropriations 

Resolution, 2007 (division B of Public Law 109–289, as amended by 

Public Law 110–5), the amount of funds appropriated for ‘‘Foreign 

Military Financing Program’’ pursuant to such Resolution shall be 

construed to be the total of the amount appropriated for such program by section 20401 of that Resolution and the amount made 

available for such program by section 591 of the Foreign Operations, Export Financing, and Related Programs Appropriations 

Act, 2006 (Public Law 109–102) which is made applicable to the fiscal year 2007 by the provisions of such Resolution. 

SEC. 6802. Notwithstanding any provision of title I of division B 

of the Continuing Appropriations Resolution, 2007 (division B of 

Public Law 109–289, as amended by Public Laws 109–369, 109– 383, and 110–5), the dollar amount limitation of the first proviso 

under the heading, ‘‘Administration of Foreign Affairs, Diplomatic 


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and Consular Programs’’, in title IV of the Science, State, Justice, 

Commerce, and Related Agencies Appropriations Act, 2006 (Public 

Law 109–108; 119 Stat. 2319) shall not apply to funds appropriated 

under such heading for fiscal year 2007. 

CHAPTER 9 

DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT 

OFFICE OF FEDERAL HOUSING ENTERPRISE OVERSIGHT

SALARIES AND EXPENSES

(INCLUDING TRANSFER OF FUNDS)

For an additional amount to carry out the Federal Housing Enterprises Financial Safety and Soundness Act of 1992, $6,150,000, 

to remain available until expended, to be derived from the Federal 

Housing Enterprises Oversight Fund and to be subject to the same 

terms and conditions pertaining to funds provided under this heading in Public Law 109–115: Provided, That not to exceed the total 

amount provided for these activities for fiscal year 2007 shall be 

available from the general fund of the Treasury to the extent necessary to incur obligations and make expenditures pending the receipt of collections to the Fund: Provided further, That the general 

fund amount shall be reduced as collections are received during the 

fiscal year so as to result in a final appropriation from the general 

fund estimated at not more than $0. 

GENERAL PROVISIONS—THIS CHAPTER 

SEC. 6901. (a) Hereafter, funds limited or appropriated for the 

Department of Transportation may be obligated or expended to 

grant authority to a Mexico-domiciled motor carrier to operate beyond United States municipalities and commercial zones on the 

United States-Mexico border only to the extent that—

(1) granting such authority is first tested as part of a pilot 

program; 

(2) such pilot program complies with the requirements of section 350 of Public Law 107–87 and the requirements of section 

31315(c) of title 49, United States Code, related to pilot programs; and 

(3) simultaneous and comparable authority to operate within 

Mexico is made available to motor carriers domiciled in the 

United States. 

(b) Prior to the initiation of the pilot program described in subsection (a) in any fiscal year—

(1) the Inspector General of the Department of Transportation shall transmit to Congress and the Secretary of Transportation a report verifying compliance with each of the requirements of subsection (a) of section 350 of Public Law 107–

87, including whether the Secretary of Transportation has established sufficient mechanisms to apply Federal motor carrier 

safety laws and regulations to motor carriers domiciled in Mexico that are granted authority to operate beyond the United 

States municipalities and commercial zones on the United 


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States-Mexico border and to ensure compliance with such laws 

and regulations; and 

(2) the Secretary of Transportation shall— (A) take such action as may be necessary to address any 

issues raised in the report of the Inspector General under 

subsection (b)(1) and submit a report to Congress detailing 

such actions; and 

(B) publish in the Federal Register, and provide sufficient opportunity for public notice and comment— (i) comprehensive data and information on the preauthorization safety audits conducted before and after 

the date of enactment of this Act of motor carriers 

domiciled in Mexico that are granted authority to operate beyond the United States municipalities and 

commercial zones on the United States-Mexico border; 

(ii) specific measures to be required to protect the 

health and safety of the public, including enforcement 

measures and penalties for noncompliance; 

(iii) specific measures to be required to ensure compliance with section 391.11(b)(2) and section 

365.501(b) of title 49, Code of Federal Regulations; 

(iv) specific standards to be used to evaluate the 

pilot program and compare any change in the level of 

motor carrier safety as a result of the pilot program; 

and 

(v) a list of Federal motor carrier safety laws and 

regulations, including the commercial drivers license 

requirements, for which the Secretary of Transportation will accept compliance with a corresponding 

Mexican law or regulation as the equivalent to compliance with the United States law or regulation, including for each law or regulation an analysis as to how 

the corresponding United States and Mexican laws 

and regulations differ. 

(c) During and following the pilot program described in subsection (a), the Inspector General of the Department of Transportation shall monitor and review the conduct of the pilot program 

and submit to Congress and the Secretary of Transportation an interim report, 6 months after the commencement of the pilot program, and a final report, within 60 days after the conclusion of the 

pilot program. Such reports shall address whether—

(1) the Secretary of Transportation has established sufficient 

mechanisms to determine whether the pilot program is having 

any adverse effects on motor carrier safety; 

(2) Federal and State monitoring and enforcement activities 

are sufficient to ensure that participants in the pilot program 

are in compliance with all applicable laws and regulations; and 

(3) the pilot program consists of a representative and adequate sample of Mexico-domiciled carriers likely to engage in 

cross-border operations beyond United States municipalities 

and commercial zones on the United States-Mexico border. 

(d) In the event that the Secretary of Transportation in any fiscal 

year seeks to grant operating authority for the purpose of initiating 

cross-border operations beyond United States municipalities and 

commercial zones on the United States-Mexico border either with 


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58 

Mexico-domiciled motor coaches or Mexico-domiciled commercial 

motor vehicles carrying placardable quantities of hazardous materials, such activities shall be initiated only after the conclusion of 

a separate pilot program limited to vehicles of the pertinent type. 

Each such separate pilot program shall follow the same requirements and processes stipulated under subsections (a) through (c) of 

this section and shall be planned, conducted and evaluated in concert with the Department of Homeland Security or its Inspector 

General, as appropriate, so as to address any and all security concerns associated with such cross-border operations. 

SEC. 6902. Funds provided for the ‘‘National Transportation Safety Board, Salaries and Expenses’’ in section 21031 of the Continuing Appropriations Resolution, 2007 (division B of Public Law 

109–289, as amended by Public Law 110–5) include amounts necessary to make lease payments due in fiscal year 2007 only, on an 

obligation incurred in 2001 under a capital lease. 

SEC. 6903. Section 21033 of the Continuing Appropriations Resolution, 2007 (division B of Public Law 109–289, as amended by 

Public Law 110–5) is amended by adding after the second proviso: 

‘‘: Provided further, That paragraph (2) under such heading in Public Law 109–115 (119 Stat. 2441) shall be funded at $149,300,000, 

but additional section 8 tenant protection rental assistance costs 

may be funded in 2007 by using unobligated balances, notwithstanding the purposes for which such amounts were appropriated, 

including recaptures and carryover, remaining from funds appropriated to the Department of Housing and Urban Development 

under this heading, the heading ‘Annual Contributions for Assisted 

Housing’, the heading ‘Housing Certificate Fund’, and the heading 

‘Project-Based Rental Assistance’ for fiscal year 2006 and prior fiscal years: Provided further, That paragraph (3) under such heading 

in Public Law 109–115 (119 Stat. 2441) shall be funded at 

$47,500,000: Provided further, That paragraph (4) under such 

heading in Public Law 109–115 (119 Stat. 2441) shall be funded at 

$5,900,000: Provided further, That paragraph (5) under such heading in Public Law 109–115 (119 Stat. 2441) shall be funded at 

$1,281,100,000, of which $1,251,100,000 shall be allocated for the 

calendar year 2007 funding cycle on a pro rata basis to public housing agencies based on the amount public housing agencies were eligible to receive in calendar year 2006, and of which up to 

$30,000,000 shall be available to the Secretary to allocate to public 

housing agencies that need additional funds to administer their 

section 8 programs, with up to $20,000,000 to be for fees associated 

with section 8 tenant protection rental assistance’’. SEC. 6904. Section 232(b) of the Departments of Veterans Affairs 

and Housing and Urban Development, and Independent Agencies 

Appropriations Act, 2001 (Public Law 106–377) is amended to read 

as follows: 

‘‘(b) APPLICABILITY.—In the case of any dwelling unit that, upon 

the date of the enactment of this Act, is assisted under a housing 

assistance payment contract under section 8(o)(13) as in effect before such enactment, or under section 8(d)(2) of the United States 

Housing Act of 1937 (42 U.S.C. 1437f(d)(2)) as in effect before the 

enactment of the Quality Housing and Work Responsibility Act of 

1998 (title V of Public Law 105–276), assistance may be renewed 

or extended under such section 8(o)(13), as amended by subsection 


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(a), provided that the initial contract term and rent of such renewed or extended assistance shall be determined pursuant to subparagraphs (F) and (H), and subparagraphs (C) and (D) of such section shall not apply to such extensions or renewals.’’. 

TITLE VII—ELIMINATION OF SCHIP 

SHORTFALL AND OTHER HEALTH 

MATTERS 

DEPARTMENT OF HEALTH AND HUMAN SERVICES 

CENTERS FOR MEDICARE AND MEDICAID SERVICES STATE

CHILDREN’S HEALTH INSURANCE FUND

For an additional amount to provide additional allotments to remaining shortfall States under section 2104(h)(4) of the Social Security Act, as inserted by section 6001, such sums as may be necessary, but not to exceed $650,000,000 for fiscal year 2007, to remain available until expended. 

GENERAL PROVISIONS—THIS TITLE 

SEC. 7001. (a) ELIMINATION OF REMAINDER OF SCHIP FUNDING

SHORTFALLS, TIERED MATCH, AND OTHER LIMITATION ON EXPENDITURES.—Section 2104(h) of the Social Security Act (42 U.S.C. 

1397dd(h)), as added by section 201(a) of the National Institutes of 

Health Reform Act of 2006 (Public Law 109–482), is amended—

(1) in the heading for paragraph (2), by striking ‘‘REMAINDER

OF REDUCTION’’ and inserting ‘‘PART’’; and 

(2) by striking paragraph (4) and inserting the following: 

‘‘(4) ADDITIONAL AMOUNTS TO ELIMINATE REMAINDER OF FISCAL YEAR 2007 FUNDING SHORTFALLS.—

‘‘(A) IN GENERAL.—From the amounts provided in advance in appropriations Acts, the Secretary shall allot to 

each remaining shortfall State described in subparagraph 

(B) such amount as the Secretary determines will eliminate the estimated shortfall described in such subparagraph for the State for fiscal year 2007. 

‘‘(B) REMAINING SHORTFALL STATE DESCRIBED.—For purposes of subparagraph (A), a remaining shortfall State is 

a State with a State child health plan approved under this 

title for which the Secretary estimates, on the basis of the 

most recent data available to the Secretary as of the date 

of the enactment of this paragraph, that the projected Federal expenditures under such plan for the State for fiscal 

year 2007 will exceed the sum of—

‘‘(i) the amount of the State’s allotments for each of 

fiscal years 2005 and 2006 that will not be expended 

by the end of fiscal year 2006; 

‘‘(ii) the amount of the State’s allotment for fiscal 

year 2007; and 

‘‘(iii) the amounts, if any, that are to be redistributed to the State during fiscal year 2007 in accordance 

with paragraphs (1) and (2).’’. 


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(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’’; 

(3) in paragraph (5)(A), by striking ‘‘and (3)’’ and inserting ‘‘(3), and (4)’’; and 

(4) in paragraph (6)— (A) in the first sentence— (i) by inserting ‘‘or allotted’’ after ‘‘redistributed’’; 

and 

(ii) by inserting ‘‘or allotments’’ after ‘‘redistributions’’; and 

(B) by striking ‘‘and (3)’’ and inserting ‘‘(3), and (4)’’. SEC. 7002. (a) PROHIBITION.—

(1) LIMITATION ON SECRETARIAL AUTHORITY.—Notwithstanding any other provision of law, the Secretary of Health 

and Human Services shall not, prior to the date that is 1 year 

after the date of enactment of this Act, take any action 

(through promulgation of regulation, issuance of regulatory 

guidance, or other administrative action) to—

(A) finalize or otherwise implement provisions contained 

in the proposed rule published on January 18, 2007, on 

pages 2236 through 2248 of volume 72, Federal Register 

(relating to parts 433, 447, and 457 of title 42, Code of 

Federal Regulations); 

(B) promulgate or implement any rule or provisions 

similar to the provisions described in subparagraph (A) 

pertaining to the Medicaid program established under title 

XIX of the Social Security Act or the State Children’s 

Health Insurance Program established under title XXI of 

such Act; or 

(C) promulgate or implement any rule or provisions restricting payments for graduate medical education under 

the Medicaid program. 

(2) CONTINUATION OF OTHER SECRETARIAL AUTHORITY.—The 

Secretary of Health and Human Service shall not be prohibited 

during the period described in paragraph (1) from taking any 

action (through promulgation of regulation, issuance of regulatory guidance, or other administrative action) to enforce a 

provision of law in effect as of the date of enactment of this Act 

with respect to the Medicaid program or the State Children’s 

Health Insurance Program, or to promulgate or implement a 

new rule or provision during such period with respect to such 

programs, other than a rule or provision described in paragraph (1) and subject to the prohibition set forth in that paragraph. 

(b) REQUIREMENT FOR USE OF TAMPER-RESISTANT PRESCRIPTION

PADS UNDER THE MEDICAID PROGRAM.— (1) IN GENERAL.—Section 1903(i) of the Social Security Act 

(42 U.S.C. 1396b(i)) is amended— (A) by striking ‘‘or’’ at the end of paragraph (21); 

(B) by striking the period at the end of paragraph (22) 

and inserting ‘‘; or’’; and 


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(C) by inserting after paragraph (22) the following new 

paragraph: 

‘‘(23) with respect to amounts expended for medical assistance for covered outpatient drugs (as defined in section 

1927(k)(2)) for which the prescription was executed in written 

(and non-electronic) form unless the prescription was executed 

on a tamper-resistant pad.’’. 

(2) EFFECTIVE DATE.—The amendments made by paragraph 

(1) shall apply to prescriptions executed after September 30, 

2007. 

(c) EXTENSION OF CERTAIN PHARMACY PLUS WAIVERS.—

(1) AUTHORITY TO CONTINUE TO OPERATE WAIVERS.—Notwithstanding any other provision of law, any State that is operating a Pharmacy Plus waiver described in paragraph (2) 

which would otherwise expire on June 30, 2007, may elect to 

continue to operate the waiver through December 31, 2009 and 

if a State elects to continue to operate such a waiver, the Secretary of Health and Human Services shall approve the continuation of the waiver through December 31, 2009. 

(2) PHARMACY PLUS WAIVER DESCRIBED.—For purposes of 

paragraph (1), a Pharmacy Plus waiver described in this paragraph is a waiver approved by the Secretary of Health and 

Human Services under the authority of section 1115 of the Social Security Act (42 U.S.C. 1315) that provides coverage for 

prescription drugs for individuals who have attained age 65 

and whose family income does not exceed 200 percent of the 

poverty line (as defined in section 2110(c)(5) of such Act (42 

U.S.C. 1397jj(c)(5)). 

TITLE VIII—FAIR MINIMUM WAGE AND 

TAX RELIEF 

Subtitle A—Fair Minimum Wage 

SEC. 8101. SHORT TITLE. 

This subtitle may be cited as the ‘‘Fair Minimum Wage Act of 

2007’’. 

SEC. 8102. MINIMUM WAGE. 

(a) IN GENERAL.—Section 6(a)(1) of the Fair Labor Standards Act 

of 1938 (29 U.S.C. 206(a)(1)) is amended to read as follows: 

‘‘(1) except as otherwise provided in this section, not less 

than—

‘‘(A) $5.85 an hour, beginning on the 60th day after the 

date of enactment of the Fair Minimum Wage Act of 2007; 

‘‘(B) $6.55 an hour, beginning 12 months after that 60th 

day; and 

‘‘(C) $7.25 an hour, beginning 24 months after that 60th 

day;’’. 

(b) EFFECTIVE DATE.—The amendment made by subsection (a) 

shall take effect 60 days after the date of enactment of this Act. 


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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 Fair 

Labor Standards Act of 1938 (29 U.S.C. 206(a)(1)) shall be—

(A) $3.55 an hour, beginning on the 60th day after the 

date of enactment of this Act; and 

(B) increased by $0.50 an hour (or such lesser amount 

as may be necessary to equal the minimum wage under 

section 6(a)(1) of such Act), beginning 1 year after the date 

of enactment of this Act and each year thereafter until the 

minimum wage applicable to the Commonwealth of the 

Northern Mariana Islands under this paragraph is equal 

to the minimum wage set forth in such section; and 

(2) the minimum wage applicable to American Samoa under 

section 6(a)(1) of the Fair Labor Standards Act of 1938 (29 

U.S.C. 206(a)(1)) shall be—

(A) the applicable wage rate in effect for each industry 

and classification under section 697 of title 29, Code of 

Federal Regulations, on the date of enactment of this Act; 

(B) increased by $0.50 an hour, beginning on the 60th 

day after the date of enactment of this Act; and 

(C) increased by $0.50 an hour (or such lesser amount 

as may be necessary to equal the minimum wage under 

section 6(a)(1) of such Act), beginning 1 year after the date 

of enactment of this Act and each year thereafter until the 

minimum wage applicable to American Samoa under this 

paragraph is equal to the minimum wage set forth in such 

section. 

(c) CONFORMING AMENDMENTS.—

(1) IN GENERAL.—The Fair Labor Standards Act of 1938 is 

amended—

(A) by striking sections 5 and 8; and 

(B) in section 6(a), by striking paragraph (3) and redesignating paragraphs (4) and (5) as paragraphs (3) and (4), 

respectively. 

(2) EFFECTIVE DATE.—The amendments made by this subsection shall take effect 60 days after the date of enactment of 

this Act. 

SEC. 8104. STUDY ON PROJECTED IMPACT. 

(a) STUDY.—Beginning on the date that is 60 days after the date 

of enactment of this Act, the Secretary of Labor shall, through the 

Bureau of Labor Statistics, conduct a study to—

(1) assess the impact of the wage increases required by this 

Act through such date; and 

(2) project the impact of any further wage increase, 

on living standards and rates of employment in American Samoa 

and the Commonwealth of the Northern Mariana Islands. 

(b) REPORT.—Not later than the date that is 8 months after the 

date of enactment of this Act, the Secretary of Labor shall transmit 


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to Congress a report on the findings of the study required by subsection (a). 

Subtitle B—Small Business Tax Incentives 

SEC. 8201. SHORT TITLE; AMENDMENT OF CODE; TABLE OF CONTENTS. 

(a) SHORT TITLE.—This subtitle may be cited as the ‘‘Small Business and Work Opportunity Tax Act of 2007’’. (b) AMENDMENT OF 1986 CODE.—Except as otherwise expressly 

provided, whenever in this subtitle an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or 

other provision, the reference shall be considered to be made to a 

section or other provision of the Internal Revenue Code of 1986. 

(c) TABLE OF CONTENTS.—The table of contents of this subtitle is 

as follows: 

Sec. 8201. Short title; amendment of Code; table of contents. 

PART 1—SMALL BUSINESS TAX RELIEF PROVISIONS

SUBPART A—GENERAL PROVISIONS

Sec. 8211. Extension and modification of work opportunity tax credit. 

Sec. 8212. Extension and increase of expensing for small business. 

Sec. 8213. Determination of credit for certain taxes paid with respect to employee 

cash tips. 

Sec. 8214. Waiver of individual and corporate alternative minimum tax limits on 

work opportunity credit and credit for taxes paid with respect to employee cash tips. 

Sec. 8215. Family business tax simplification. 

SUBPART B—GULF OPPORTUNITY ZONE TAX INCENTIVES

Sec. 8221. Extension of increased expensing for qualified section 179 Gulf Opportunity Zone property. 

Sec. 8222. Extension and expansion of low-income housing credit rules for buildings 

in the GO Zones. 

Sec. 8223. Special tax-exempt bond financing rule for repairs and reconstructions 

of residences in the GO Zones. 

Sec. 8224. GAO study of practices employed by State and local governments in allocating and utilizing tax incentives provided pursuant to the Gulf Opportunity Zone Act of 2005. 

SUBPART C—SUBCHAPTER S PROVISIONS

Sec. 8231. Capital gain of S corporation not treated as passive investment income. 

Sec. 8232. Treatment of bank director shares. 

Sec. 8233. Special rule for bank required to change from the reserve method of accounting on becoming S corporation. 

Sec. 8234. Treatment of the sale of interest in a qualified subchapter S subsidiary. 

Sec. 8235. Elimination of all earnings and profits attributable to pre-1983 years for 

certain corporations. 

Sec. 8236. Deductibility of interest expense on indebtedness incurred by an electing 

small business trust to acquire S corporation stock. 

PART 2—REVENUE PROVISIONS

Sec. 8241. Increase in age of children whose unearned income is taxed as if parent’s income. 

Sec. 8242. Suspension of certain penalties and interest. 

Sec. 8243. Modification of collection due process procedures for employment tax liabilities. 

Sec. 8244. Permanent extension of IRS user fees. 

Sec. 8245. Increase in penalty for bad checks and money orders. 

Sec. 8246. Understatement of taxpayer liability by return preparers. 

Sec. 8247. Penalty for filing erroneous refund claims. 

Sec. 8248. Time for payment of corporate estimated taxes. 


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PART 1—SMALL BUSINESS TAX RELIEF 

PROVISIONS 

Subpart A—General Provisions 

SEC. 8211. EXTENSION AND MODIFICATION OF WORK OPPORTUNITY 

TAX CREDIT. 

(a) EXTENSION.—Section 51(c)(4)(B) (relating to termination) is 

amended by striking ‘‘December 31, 2007’’ and inserting ‘‘August 

31, 2011’’. (b) INCREASE IN MAXIMUM AGE FOR DESIGNATED COMMUNITY

RESIDENTS.— (1) IN GENERAL.—Paragraph (5) of section 51(d) is amended 

to read as follows: ‘‘(5) DESIGNATED COMMUNITY RESIDENTS.— ‘‘(A) IN GENERAL.—The term ‘designated community resident’ means any individual who is certified by the designated local agency— ‘‘(i) as having attained age 18 but not age 40 on the 

hiring date, and ‘‘(ii) as having his principal place of abode within an 

empowerment zone, enterprise community, renewal 

community, or rural renewal county. ‘‘(B) INDIVIDUAL MUST CONTINUE TO RESIDE IN ZONE, COMMUNITY, OR COUNTY.—In the case of a designated community resident, the term ‘qualified wages’ shall not include wages paid or incurred for services performed while 

the individual’s principal place of abode is outside an empowerment zone, enterprise community, renewal community, or rural renewal county. ‘‘(C) RURAL RENEWAL COUNTY.—For purposes of this 

paragraph, the term ‘rural renewal county’ means any 

county which— ‘‘(i) is outside a metropolitan statistical area (defined 

as such by the Office of Management and Budget), and ‘‘(ii) during the 5-year periods 1990 through 1994 

and 1995 through 1999 had a net population loss.’’. (2) CONFORMING AMENDMENT.—Subparagraph (D) of section 

51(d)(1) is amended to read as follows: ‘‘(D) a designated community resident,’’. (c) CLARIFICATION OF TREATMENT OF INDIVIDUALS UNDER 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 implemented by an employment network pursuant to subsection (g) of section 1148 of the Social Security Act 

with respect to which the requirements of such subsection are met.’’. (d) TREATMENT OF DISABLED VETERANS UNDER THE WORK OP- PORTUNITY TAX CREDIT.—

(1) DISABLED VETERANS TREATED AS MEMBERS OF TARGETED

GROUP.—


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(A) IN GENERAL.—Subparagraph (A) of section 51(d)(3) 

(relating to qualified veteran) is amended by striking 

‘‘agency as being a member of a family’’ and all that follows and inserting ‘‘agency as— ‘‘(i) being a member of a family receiving assistance 

under a food stamp program under the Food Stamp 

Act of 1977 for at least a 3-month period ending during the 12-month period ending on the hiring date, or ‘‘(ii) entitled to compensation for a service-connected 

disability, and— ‘‘(I) having a hiring date which is not more that 

1 year after having been discharged or released 

from active duty in the Armed Forces of the 

United States, or ‘‘(II) having aggregate periods of unemployment 

during the 1-year period ending on the hiring date 

which equal or exceed 6 months.’’. (B) DEFINITIONS.—Paragraph (3) of section 51(d) is 

amended by adding at the end the following new subparagraph: ‘‘(C) OTHER DEFINITIONS.—For purposes of subparagraph 

(A), the terms ‘compensation’ and ‘service-connected’ have 

the meanings given such terms under section 101 of title 

38, United States Code.’’. 

(2) INCREASE IN AMOUNT OF WAGES TAKEN INTO ACCOUNT FOR

DISABLED VETERANS.—Paragraph (3) of section 51(b) is amended—

(A) by inserting ‘‘($12,000 per year in the case of any individual who is a qualified veteran by reason of subsection 

(d)(3)(A)(ii))’’ before the period at the end, and 

(B) by striking ‘‘ONLY FIRST $6,000 OF’’ in the heading and 

inserting ‘‘LIMITATION ON’’. 

(e) EFFECTIVE DATE.—The amendments made by this section 

shall apply to individuals who begin work for the employer after 

the date of the enactment of this Act. 

SEC. 8212. EXTENSION AND INCREASE OF EXPENSING FOR SMALL 

BUSINESS. 

(a) EXTENSION.—Subsections (b)(1), (b)(2), (b)(5), (c)(2), and 

(d)(1)(A)(ii) of section 179 (relating to election to expense certain 

depreciable business assets) are each amended by striking ‘‘2010’’

and inserting ‘‘2011’’. 

(b) INCREASE IN LIMITATIONS.—Subsection (b) of section 179 is 

amended—

(1) by striking ‘‘$100,000 in the case of taxable years beginning after 2002’’ in paragraph (1) and inserting ‘‘$125,000 in 

the case of taxable years beginning after 2006’’, and 

(2) by striking ‘‘$400,000 in the case of taxable years beginning after 2002’’ in paragraph (2) and inserting ‘‘$500,000 in 

the case of taxable years beginning after 2006’’. 

(c) INFLATION ADJUSTMENT.—Subparagraph (A) of section 

179(b)(5) is amended—

(1) by striking ‘‘2003’’ and inserting ‘‘2007’’, 

(2) by striking ‘‘$100,000 and $400,000’’ and inserting 

‘‘$125,000 and $500,000’’, and 

(3) by striking ‘‘2002’’ in clause (ii) and inserting ‘‘2006’’. 


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(d) EFFECTIVE DATE.—The amendments made by this section 

shall apply to taxable years beginning after December 31, 2006. 

SEC. 8213. DETERMINATION OF CREDIT FOR CERTAIN TAXES PAID 

WITH RESPECT TO EMPLOYEE CASH TIPS. 

(a) IN GENERAL.—Subparagraph (B) of section 45B(b)(1) is 

amended by inserting ‘‘as in effect on January 1, 2007, and’’ before ‘‘determined without regard to’’. (b) EFFECTIVE DATE.—The amendment made by this section shall 

apply to tips received for services performed after December 31, 

2006. 

SEC. 8214. WAIVER OF INDIVIDUAL AND CORPORATE ALTERNATIVE 

MINIMUM TAX LIMITS ON WORK OPPORTUNITY CREDIT 

AND CREDIT FOR TAXES PAID WITH RESPECT TO EMPLOYEE CASH TIPS. 

(a) ALLOWANCE AGAINST ALTERNATIVE MINIMUM TAX.—Subparagraph (B) of section 38(c)(4) is amended by striking ‘‘and’’ at the 

end of clause (i), by inserting a comma at the end of clause (ii), and 

by adding at the end the following new clauses: ‘‘(iii) the credit determined under section 45B, and 

‘‘(iv) the credit determined under section 51.’’. (b) EFFECTIVE DATE.—The amendments made by this section 

shall apply to credits determined under sections 45B and 51 of the 

Internal Revenue Code of 1986 in taxable years beginning after December 31, 2006, and to carrybacks of such credits. 

SEC. 8215. FAMILY BUSINESS TAX SIMPLIFICATION. 

(a) IN GENERAL.—Section 761 (defining terms for purposes of 

partnerships) is amended by redesignating subsection (f) as subsection (g) and by inserting after subsection (e) the following new 

subsection: ‘‘(f) QUALIFIED JOINT VENTURE.— ‘‘(1) IN GENERAL.—In the case of a qualified joint venture 

conducted by a husband and wife who file a joint return for the 

taxable year, for purposes of this title— ‘‘(A) such joint venture shall not be treated as a partnership, ‘‘(B) all items of income, gain, loss, deduction, and credit 

shall be divided between the spouses in accordance with 

their respective interests in the venture, and ‘‘(C) each spouse shall take into account such spouse’s 

respective share of such items as if they were attributable 

to a trade or business conducted by such spouse as a sole 

proprietor. 

‘‘(2) QUALIFIED JOINT VENTURE.—For purposes of paragraph 

(1), the term ‘qualified joint venture’ means any joint venture 

involving the conduct of a trade or business if—

‘‘(A) the only members of such joint venture are a husband and wife, 

‘‘(B) both spouses materially participate (within the 

meaning of section 469(h) without regard to paragraph (5) 

thereof) in such trade or business, and 

‘‘(C) both spouses elect the application of this subsection.’’. 

(b) NET EARNINGS FROM SELF-EMPLOYMENT.—

(1) Subsection (a) of section 1402 (defining net earnings from 

self-employment) is amended by striking ‘‘, and’’ at the end of 


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paragraph (15) and inserting a semicolon, by striking the period at the end of paragraph (16) and inserting ‘‘; and’’, and by 

inserting after paragraph (16) the following new paragraph: ‘‘(17) notwithstanding the preceding provisions of this subsection, each spouse’s share of income or loss from a qualified 

joint venture shall be taken into account as provided in section 

761(f) in determining net earnings from self-employment of 

such spouse.’’. (2) Subsection (a) of section 211 of the Social Security Act 

(defining net earnings from self-employment) is amended by 

striking ‘‘and’’ at the end of paragraph (14), by striking the period at the end of paragraph (15) and inserting ‘‘; and’’, and by 

inserting after paragraph (15) the following new paragraph: ‘‘(16) Notwithstanding the preceding provisions of this subsection, each spouse’s share of income or loss from a qualified 

joint venture shall be taken into account as provided in section 

761(f) of the Internal Revenue Code of 1986 in determining net 

earnings from self-employment of such spouse.’’. (c) EFFECTIVE DATE.—The amendments made by this section 

shall apply to taxable years beginning after December 31, 2006. 

Subpart B—Gulf Opportunity Zone Tax Incentives 

SEC. 8221. EXTENSION OF INCREASED EXPENSING FOR QUALIFIED 

SECTION 179 GULF OPPORTUNITY ZONE PROPERTY. 

Paragraph (2) of section 1400N(e) (relating to qualified section 

179 Gulf Opportunity Zone property) is amended— (1) by striking ‘‘this subsection, the term’’ and inserting: ‘‘this subsection— ‘‘(A) IN GENERAL.—The term’’, and 

(2) by adding at the end the following new subparagraph: ‘‘(B) EXTENSION FOR CERTAIN PROPERTY.—In the case of 

property substantially all of the use of which is in one or 

more specified portions of the GO Zone (as defined by subsection (d)(6)), such term shall include section 179 property 

(as so defined) which is described in subsection (d)(2), determined— ‘‘(i) without regard to subsection (d)(6), and 

‘‘(ii) by substituting ‘2008’ for ‘2007’ in subparagraph 

(A)(v) thereof.’’. 

SEC. 8222. EXTENSION AND EXPANSION OF LOW-INCOME HOUSING 

CREDIT RULES FOR BUILDINGS IN THE GO ZONES. 

(a) TIME FOR MAKING LOW-INCOME HOUSING CREDIT ALLOCATIONS.—Subsection (c) of section 1400N (relating to low-income 

housing credit) is amended by redesignating paragraph (5) as paragraph (6) and by inserting after paragraph (4) the following new 

paragraph: 

‘‘(5) TIME FOR MAKING LOW-INCOME HOUSING CREDIT ALLOCATIONS.—Section 42(h)(1)(B) shall not apply to an allocation of 

housing credit dollar amount to a building located in the Gulf 

Opportunity Zone, the Rita GO Zone, or the Wilma GO Zone, 

if such allocation is made in 2006, 2007, or 2008, and such 

building is placed in service before January 1, 2011.’’. 

(b) EXTENSION OF PERIOD FOR TREATING GO ZONES AS DIFFICULT

DEVELOPMENT AREAS.—


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(1) IN GENERAL.—Subparagraph (A) of section 1400N(c)(3) is 

amended by striking ‘‘2006, 2007, or 2008’’ and inserting ‘‘the 

period beginning on January 1, 2006, and ending on December 

31, 2010’’. 

(2) CONFORMING AMENDMENT.—Clause (ii) of section 

1400N(c)(3)(B) is amended by striking ‘‘such period’’ and inserting ‘‘the period described in subparagraph (A)’’. 

(c) COMMUNITY DEVELOPMENT BLOCK GRANTS NOT TAKEN INTO

ACCOUNT IN DETERMINING IF BUILDINGS ARE FEDERALLY SUBSIDIZED.—Subsection (c) of section 1400N (relating to low-income 

housing credit), as amended by this Act, is amended by redesignating paragraph (6) as paragraph (7) and by inserting after paragraph (5) the following new paragraph: 

‘‘(6) COMMUNITY DEVELOPMENT BLOCK GRANTS NOT TAKEN

INTO ACCOUNT IN DETERMINING IF BUILDINGS ARE FEDERALLY

SUBSIDIZED.—For purpose of applying section 42(i)(2)(D) to any 

building which is placed in service in the Gulf Opportunity 

Zone, the Rita GO Zone, or the Wilma GO Zone during the period beginning on January 1, 2006, and ending on December 

31, 2010, a loan shall not be treated as a below market Federal 

loan solely by reason of any assistance provided under section 

106, 107, or 108 of the Housing and Community Development 

Act of 1974 by reason of section 122 of such Act or any provision of the Department of Defense Appropriations Act, 2006, or 

the Emergency Supplemental Appropriations Act for Defense, 

the Global War on Terror, and Hurricane Recovery, 2006.’’. 

SEC. 8223. SPECIAL TAX-EXEMPT BOND FINANCING RULE FOR REPAIRS AND RECONSTRUCTIONS OF RESIDENCES IN THE 

GO ZONES. 

Subsection (a) of section 1400N (relating to tax-exempt bond financing) is amended by adding at the end the following new paragraph: 

‘‘(7) SPECIAL RULE FOR REPAIRS AND RECONSTRUCTIONS.—

‘‘(A) IN GENERAL.—For purposes of section 143 and this 

subsection, any qualified GO Zone repair or reconstruction 

shall be treated as a qualified rehabilitation. 

‘‘(B) QUALIFIED GO ZONE REPAIR OR RECONSTRUCTION.—

For purposes of subparagraph (A), the term ‘qualified GO 

Zone repair or reconstruction’ means any repair of damage 

caused by Hurricane Katrina, Hurricane Rita, or Hurricane Wilma to a building located in the Gulf Opportunity 

Zone, the Rita GO Zone, or the Wilma GO Zone (or reconstruction of such building in the case of damage constituting destruction) if the expenditures for such repair or 

reconstruction are 25 percent or more of the mortgagor’s 

adjusted basis in the residence. For purposes of the preceding sentence, the mortgagor’s adjusted basis shall be 

determined as of the completion of the repair or reconstruction or, if later, the date on which the mortgagor acquires the residence. 

‘‘(C) TERMINATION.—This paragraph shall apply only to 

owner-financing provided after the date of the enactment 

of this paragraph and before January 1, 2011.’’. 


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SEC. 8224. GAO STUDY OF PRACTICES EMPLOYED BY STATE AND 

LOCAL GOVERNMENTS IN ALLOCATING AND UTILIZING 

TAX INCENTIVES PROVIDED PURSUANT TO THE GULF OPPORTUNITY ZONE ACT OF 2005. 

(a) IN GENERAL.—The Comptroller General of the United States 

shall conduct a study of the practices employed by State and local 

governments, and subdivisions thereof, in allocating and utilizing 

tax incentives provided pursuant to the Gulf Opportunity Zone Act 

of 2005 and this Act. 

(b) SUBMISSION OF REPORT.—Not later than one year after the 

date of the enactment of this Act, the Comptroller General shall 

submit a report on the findings of the study conducted under subsection (a) and shall include therein recommendations (if any) relating to such findings. The report shall be submitted to the Committee on Ways and Means of the House of Representatives and 

the Committee on Finance of the Senate. 

(c) CONGRESSIONAL HEARINGS.—In the case that the report submitted under this section includes findings of significant fraud, 

waste or abuse, each Committee specified in subsection (b) shall, 

within 60 days after the date the report is submitted under subsection (b), hold a public hearing to review such findings. 

Subpart C—Subchapter S Provisions 

SEC. 8231. CAPITAL GAIN OF S CORPORATION NOT TREATED AS PASSIVE INVESTMENT INCOME. 

(a) IN GENERAL.—Section 1362(d)(3) is amended by striking subparagraphs (B), (C), (D), (E), and (F) and inserting the following 

new subparagraphs: 

‘‘(B) GROSS RECEIPTS FROM THE SALES OF CERTAIN ASSETS.—For purposes of this paragraph—

‘‘(i) in the case of dispositions of capital assets (other 

than stock and securities), gross receipts from such 

dispositions shall be taken into account only to the extent of the capital gain net income therefrom, and 

‘‘(ii) in the case of sales or exchanges of stock or securities, gross receipts shall be taken into account only 

to the extent of the gains therefrom. 

‘‘(C) PASSIVE INVESTMENT INCOME DEFINED.—

‘‘(i) IN GENERAL.—Except as otherwise provided in 

this subparagraph, the term ‘passive investment income’ means gross receipts derived from royalties, 

rents, dividends, interest, and annuities. 

‘‘(ii) EXCEPTION FOR INTEREST ON NOTES FROM SALES

OF INVENTORY.—The term ‘passive investment income’

shall not include interest on any obligation acquired in 

the ordinary course of the corporation’s trade or business from its sale of property described in section 

1221(a)(1). 

‘‘(iii) TREATMENT OF CERTAIN LENDING OR FINANCE

COMPANIES.—If the S corporation meets the requirements of section 542(c)(6) for the taxable year, the 

term ‘passive investment income’ shall not include 

gross receipts for the taxable year which are derived 

directly from the active and regular conduct of a lendVerDate Aug 31 2005 23:59 May 25, 2007 Jkt 059008 PO 00000 Frm 00069 Fmt 6659 Sfmt 6602 E:\HR\OC\HR168.XXX HR168

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ing or finance business (as defined in section 

542(d)(1)). 

‘‘(iv) TREATMENT OF CERTAIN DIVIDENDS.—If an S 

corporation holds stock in a C corporation meeting the 

requirements of section 1504(a)(2), the term ‘passive 

investment income’ shall not include dividends from 

such C corporation to the extent such dividends are attributable to the earnings and profits of such C corporation derived from the active conduct of a trade or 

business. 

‘‘(v) EXCEPTION FOR BANKS, ETC.—In the case of a 

bank (as defined in section 581) or a depository institution holding company (as defined in section 3(w)(1) 

of the Federal Deposit Insurance Act (12 U.S.C. 

1813(w)(1)), the term ‘passive investment income’ shall 

not include—

‘‘(I) interest income earned by such bank or 

company, or 

‘‘(II) dividends on assets required to be held by 

such bank or company, including stock in the Federal Reserve Bank, the Federal Home Loan Bank, 

or the Federal Agricultural Mortgage Bank or participation certificates issued by a Federal Intermediate Credit Bank.’’. 

(b) EFFECTIVE DATE.—The amendments made by this section 

shall apply to taxable years beginning after the date of the enactment of this Act. 

SEC. 8232. TREATMENT OF BANK DIRECTOR SHARES. 

(a) IN GENERAL.—Section 1361 (defining S corporation) is amended by adding at the end the following new subsection: 

‘‘(f) RESTRICTED BANK DIRECTOR STOCK.—

‘‘(1) IN GENERAL.—Restricted bank director stock shall not be 

taken into account as outstanding stock of the S corporation in 

applying this subchapter (other than section 1368(f)). 

‘‘(2) RESTRICTED BANK DIRECTOR STOCK.—For purposes of 

this subsection, the term ‘restricted bank director stock’ means 

stock in a bank (as defined in section 581) or a depository institution holding company (as defined in section 3(w)(1) of the 

Federal Deposit Insurance Act (12 U.S.C. 1813(w)(1)), if such 

stock—

‘‘(A) is required to be held by an individual under applicable Federal or State law in order to permit such individual to serve as a director, and 

‘‘(B) is subject to an agreement with such bank or company (or a corporation which controls (within the meaning 

of section 368(c)) such bank or company) pursuant to 

which the holder is required to sell back such stock (at the 

same price as the individual acquired such stock) upon 

ceasing to hold the office of director. 

‘‘(3) CROSS REFERENCE.—

‘‘For treatment of certain distributions with respect to restricted bank director stock, 

see section 1368(f).’’. 

(b) DISTRIBUTIONS.—Section 1368 (relating to distributions) is 

amended by adding at the end the following new subsection: 


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‘‘(f) RESTRICTED BANK DIRECTOR STOCK.—If a director receives a 

distribution (not in part or full payment in exchange for stock) from 

an S corporation with respect to any restricted bank director stock 

(as defined in section 1361(f)), the amount of such distribution—

‘‘(1) shall be includible in gross income of the director, and 

‘‘(2) shall be deductible by the corporation for the taxable 

year of such corporation in which or with which ends the taxable year in which such amount in included in the gross income of the director.’’. 

(c) EFFECTIVE DATES.—

(1) IN GENERAL.—The amendments made by this section 

shall apply to taxable years beginning after December 31, 

2006. 

(2) SPECIAL RULE FOR TREATMENT AS SECOND CLASS OF

STOCK.—In the case of any taxable year beginning after December 31, 1996, restricted bank director stock (as defined in 

section 1361(f) of the Internal Revenue Code of 1986, as added 

by this section) shall not be taken into account in determining 

whether an S corporation has more than 1 class of stock. 

SEC. 8233. SPECIAL RULE FOR BANK REQUIRED TO CHANGE FROM 

THE RESERVE METHOD OF ACCOUNTING ON BECOMING S 

CORPORATION. 

(a) IN GENERAL.—Section 1361, as amended by this Act, is 

amended by adding at the end the following new subsection: 

‘‘(g) SPECIAL RULE FOR BANK REQUIRED TO CHANGE FROM THE

RESERVE METHOD OF ACCOUNTING ON BECOMING S CORPORATION.—In the case of a bank which changes from the reserve method of accounting for bad debts described in section 585 or 593 for 

its first taxable year for which an election under section 1362(a) is 

in effect, the bank may elect to take into account any adjustments 

under section 481 by reason of such change for the taxable year immediately preceding such first taxable year.’’. 

(b) EFFECTIVE DATE.—The amendments made by this section 

shall apply to taxable years beginning after December 31, 2006. 

SEC. 8234. TREATMENT OF THE SALE OF INTEREST IN A QUALIFIED 

SUBCHAPTER S SUBSIDIARY. 

(a) IN GENERAL.—Subparagraph (C) of section 1361(b)(3) (relating to treatment of terminations of qualified subchapter S subsidiary status) is amended—

(1) by striking ‘‘For purposes of this title,’’ and inserting the 

following: 

‘‘(i) IN GENERAL.—For purposes of this title,’’, and 

(2) by inserting at the end the following new clause: 

‘‘(ii) TERMINATION BY REASON OF SALE OF STOCK.—If 

the failure to meet the requirements of subparagraph 

(B) is by reason of the sale of stock of a corporation 

which is a qualified subchapter S subsidiary, the sale 

of such stock shall be treated as if—

‘‘(I) the sale were a sale of an undivided interest 

in the assets of such corporation (based on the 

percentage of the corporation’s stock sold), and 

‘‘(II) the sale were followed by an acquisition by 

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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 ATTRIBUTABLE TO PRE-1983 YEARS FOR CERTAIN CORPORATIONS. 

In the case of a corporation which is—

(1) described in section 1311(a)(1) of the Small Business Job 

Protection Act of 1996, and 

(2) not described in section 1311(a)(2) of such Act, 

the amount of such corporation’s accumulated earnings and profits 

(for the first taxable year beginning after the date of the enactment 

of this Act) shall be reduced by an amount equal to the portion (if 

any) of such accumulated earnings and profits which were accumulated in any taxable year beginning before January 1, 1983, for 

which such corporation was an electing small business corporation 

under subchapter S of the Internal Revenue Code of 1986. 

SEC. 8236. DEDUCTIBILITY OF INTEREST EXPENSE ON INDEBTEDNESS 

INCURRED BY AN ELECTING SMALL BUSINESS TRUST TO 

ACQUIRE S CORPORATION STOCK. 

(a) IN GENERAL.—Subparagraph (C) of section 641(c)(2) (relating 

to modifications) is amended by inserting after clause (iii) the following new clause: 

‘‘(iv) Any interest expense paid or accrued on indebtedness incurred to acquire stock in an S corporation.’’. 

(b) EFFECTIVE DATE.—The amendment made by this section shall 

apply to taxable years beginning after December 31, 2006. 

PART 2—REVENUE PROVISIONS 

SEC. 8241. INCREASE IN AGE OF CHILDREN WHOSE UNEARNED INCOME IS TAXED AS IF PARENT’S INCOME. 

(a) IN GENERAL.—Subparagraph (A) of section 1(g)(2) (relating to 

child to whom subsection applies) is amended to read as follows: 

‘‘(A) such child—

‘‘(i) has not attained age 18 before the close of the 

taxable year, or 

‘‘(ii)(I) has attained age 18 before the close of the 

taxable year and meets the age requirements of section 152(c)(3) (determined without regard to subparagraph (B) thereof), and 

‘‘(II) whose earned income (as defined in section 

911(d)(2)) for such taxable year does not exceed onehalf of the amount of the individual’s support (within 

the meaning of section 152(c)(1)(D) after the application of section 152(f)(5) (without regard to subparagraph (A) thereof)) for such taxable year,’’. 

(b) CONFORMING AMENDMENT.—Subsection (g) of section 1 is 

amended by striking ‘‘MINOR’’ in the heading thereof. 

(c) EFFECTIVE DATE.—The amendment made by this section shall 

apply to taxable years beginning after the date of the enactment 

of this Act. 


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SEC. 8242. SUSPENSION OF CERTAIN PENALTIES AND INTEREST. 

(a) IN GENERAL.—Paragraphs (1)(A) and (3)(A) of section 6404(g) 

are each amended by striking ‘‘18-month period’’ and inserting ‘‘36- 

month period’’. 

(b) EFFECTIVE DATE.—The amendments made by this section 

shall apply to notices provided by the Secretary of the Treasury, or 

his delegate, after the date which is 6 months after the date of the 

enactment of this Act. 

SEC. 8243. MODIFICATION OF COLLECTION DUE PROCESS PROCEDURES FOR EMPLOYMENT TAX LIABILITIES. 

(a) IN GENERAL.—Section 6330(f) (relating to jeopardy and State 

refund collection) is amended— (1) by striking ‘‘; or’’ at the end of paragraph (1) and inserting a comma, 

(2) by adding ‘‘or’’ at the end of paragraph (2), and 

(3) by inserting after paragraph (2) the following new paragraph: ‘‘(3) the Secretary has served a disqualified employment tax 

levy,’’. (b) DISQUALIFIED EMPLOYMENT TAX LEVY.—Section 6330 of such 

Code (relating to notice and opportunity for hearing before levy) is 

amended by adding at the end the following new subsection: 

‘‘(h) DISQUALIFIED EMPLOYMENT TAX LEVY.—For purposes of subsection (f), a disqualified employment tax levy is any levy in connection with the collection of employment taxes for any taxable period if the person subject to the levy (or any predecessor thereof) 

requested a hearing under this section with respect to unpaid employment taxes arising in the most recent 2-year period before the 

beginning of the taxable period with respect to which the levy is 

served. For purposes of the preceding sentence, the term ‘employment taxes’ means any taxes under chapter 21, 22, 23, or 24.’’. 

(c) EFFECTIVE DATE.—The amendments made by this section 

shall apply to levies served on or after the date that is 120 days 

after the date of the enactment of this Act. 

SEC. 8244. PERMANENT EXTENSION OF IRS USER FEES. 

Section 7528 (relating to Internal Revenue Service user fees) is 

amended by striking subsection (c). 

SEC. 8245. INCREASE IN PENALTY FOR BAD CHECKS AND MONEY ORDERS. 

(a) IN GENERAL.—Section 6657 (relating to bad checks) is amended— (1) by striking ‘‘$750’’ and inserting ‘‘$1,250’’, and 

(2) by striking ‘‘$15’’ and inserting ‘‘$25’’. (b) EFFECTIVE DATE.—The amendments made by this section 

apply to checks or money orders received after the date of the enactment of this Act. 

SEC. 8246. UNDERSTATEMENT OF TAXPAYER LIABILITY BY RETURN 

PREPARERS. 

(a) APPLICATION OF RETURN PREPARER PENALTIES TO ALL TAX

RETURNS.—

(1) DEFINITION OF TAX RETURN PREPARER.—Paragraph (36) of 

section 7701(a) (relating to income tax preparer) is amended—

(A) by striking ‘‘income’’ each place it appears in the 

heading and the text, and 


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(B) in subparagraph (A), by striking ‘‘subtitle A’’ each 

place it appears and inserting ‘‘this title’’. (2) CONFORMING AMENDMENTS.— (A)(i) Section 6060 is amended by striking ‘‘INCOME 

TAX RETURN PREPARERS’’ in the heading and inserting ‘‘TAX RETURN PREPARERS’’. (ii) Section 6060(a) is amended— (I) by striking ‘‘an income tax return preparer’’ each 

place it appears and inserting ‘‘a tax return preparer’’, (II) by striking ‘‘each income tax return preparer’’ and inserting ‘‘each tax return preparer’’, and 

(III) by striking ‘‘another income tax return preparer’’ and inserting ‘‘another tax return preparer’’. (iii) The item relating to section 6060 in the table of sections for subpart F of part III of subchapter A of chapter 

61 is amended by striking ‘‘income tax return preparers’’ and inserting ‘‘tax return preparers’’. (iv) Subpart F of part III of subchapter A of chapter 61 

is amended by striking ‘‘Income Tax Return Preparers’’ in the heading and inserting ‘‘Tax Return Preparers’’. (v) The item relating to subpart F in the table of subparts for part III of subchapter A of chapter 61 is amended 

by striking ‘‘income tax return preparers’’ and inserting ‘‘tax return preparers’’. (B) Section 6103(k)(5) is amended— (i) by striking ‘‘income tax return preparer’’ each 

place it appears and inserting ‘‘tax return preparer’’, and 

(ii) by striking ‘‘income tax return preparers’’ each 

place it appears and inserting ‘‘tax return preparers’’. (C)(i) Section 6107 is amended— (I) by striking ‘‘INCOME TAX RETURN PREPARER’’ in the heading and inserting ‘‘TAX RETURN PREPARER’’, 

(II) by striking ‘‘an income tax return preparer’’ each 

place it appears in subsections (a) and (b) and inserting ‘‘a tax return preparer’’, 

(III) by striking ‘‘INCOME TAX RETURN PREPARER’’ in 

the heading for subsection (b) and inserting ‘‘TAX RE- TURN 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—


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(I) by striking ‘‘INCOME TAX RETURN PREPARER’’ in the heading and inserting ‘‘TAX RETURN PREPARER’’, (II) by striking ‘‘an income tax return preparer’’ each 

place it appears and inserting ‘‘a tax return preparer’’, (III) in subsection (c)(2), by striking ‘‘the income tax 

return preparer’’ and inserting ‘‘the tax return preparer’’, (IV) in subsection (e), by striking ‘‘subtitle A’’ and 

inserting ‘‘this title’’, and 

(V) in subsection (f), by striking ‘‘income tax return 

preparer’’ and inserting ‘‘tax return preparer’’. (ii) The item relating to section 6694 in the table of sections for part I of subchapter B of chapter 68 is amended 

by striking ‘‘income tax return preparer’’ and inserting ‘‘tax return preparer’’. (G)(i) Section 6695 is amended— (I) by striking ‘‘INCOME’’ in the heading, and 

(II) by striking ‘‘an income tax return preparer’’ each 

place it appears and inserting ‘‘a tax return preparer’’. (ii) Section 6695(f) is amended—

(I) by striking ‘‘subtitle A’’ and inserting ‘‘this title’’, 

and 

(II) by striking ‘‘the income tax return preparer’’ and 

inserting ‘‘the tax return preparer’’. 

(iii) The item relating to section 6695 in the table of sections for part I of subchapter B of chapter 68 is amended 

by striking ‘‘income’’. 

(H) Section 6696(e) is amended by striking ‘‘subtitle A’’

each place it appears and inserting ‘‘this title’’. 

(I)(i) Section 7407 is amended— (I) by striking ‘‘INCOME TAX RETURN PREPARERS’’ in the heading and inserting ‘‘TAX RETURN PREPARERS’’, (II) by striking ‘‘an income tax return preparer’’ each 

place it appears and inserting ‘‘a tax return preparer’’, (III) by striking ‘‘income tax preparer’’ both places it 

appears in subsection (a) and inserting ‘‘tax return 

preparer’’, and 

(IV) by striking ‘‘income tax return’’ in subsection (a) 

and inserting ‘‘tax return’’. (ii) The item relating to section 7407 in the table of sections for subchapter A of chapter 76 is amended by striking ‘‘income tax return preparers’’ and inserting ‘‘tax return preparers’’. 

(J)(i) Section 7427 is amended—

(I) by striking ‘‘INCOME TAX RETURN PREPARERS’’ in the heading and inserting ‘‘TAX RETURN PREPARERS’’, 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.’’. 


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(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. 

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: 


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‘‘SEC. 6676. ERRONEOUS CLAIM FOR REFUND OR CREDIT. 

‘‘(a) CIVIL PENALTY.—If a claim for refund or credit with respect 

to income tax (other than a claim for a refund or credit relating to 

the earned income credit under section 32) is made for an excessive 

amount, unless it is shown that the claim for such excessive 

amount has a reasonable basis, the person making such claim shall 

be liable for a penalty in an amount equal to 20 percent of the excessive amount. 

‘‘(b) EXCESSIVE AMOUNT.—For purposes of this section, the term 

‘excessive amount’ means in the case of any person the amount by 

which the amount of the claim for refund or credit for any taxable 

year exceeds the amount of such claim allowable under this title 

for such taxable year. 

‘‘(c) COORDINATION WITH OTHER PENALTIES.—This section shall 

not apply to any portion of the excessive amount of a claim for refund or credit which is subject to a penalty imposed under part II 

of subchapter A of chapter 68.’’. 

(b) CONFORMING AMENDMENT.—The table of sections for part I of 

subchapter B of chapter 68 is amended by inserting after the item 

relating to section 6675 the following new item: 

‘‘Sec. 6676. Erroneous claim for refund or credit.’’. 

(c) EFFECTIVE DATE.—The amendments made by this section 

shall apply to any claim filed or submitted after the date of the enactment of this Act. 

SEC. 8248. TIME FOR PAYMENT OF CORPORATE ESTIMATED TAXES. 

Subparagraph (B) of section 401(1) of the Tax Increase Prevention and Reconciliation Act of 2005 is amended by striking ‘‘106.25 

percent’’ and inserting ‘‘114.25 percent’’. 

Subtitle C—Small Business Incentives 

SEC. 8301. SHORT TITLE. 

This subtitle may be cited as the ‘‘Small Business and Work Opportunity Act of 2007’’. 

SEC. 8302. ENHANCED COMPLIANCE ASSISTANCE FOR SMALL BUSINESSES. 

(a) IN GENERAL.—Section 212 of the Small Business Regulatory 

Enforcement Fairness Act of 1996 (5 U.S.C. 601 note) is amended 

by striking subsection (a) and inserting the following: 

‘‘(a) COMPLIANCE GUIDE.— ‘‘(1) IN GENERAL.—For each rule or group of related rules for 

which an agency is required to prepare a final regulatory flexibility analysis under section 605(b) of title 5, United States 

Code, the agency shall publish 1 or more guides to assist small 

entities in complying with the rule and shall entitle such publications ‘small entity compliance guides’. 

‘‘(2) PUBLICATION OF GUIDES.—The publication of each guide 

under this subsection shall include—

‘‘(A) the posting of the guide in an easily identified location on the website of the agency; and 

‘‘(B) distribution of the guide to known industry contacts, 

such as small entities, associations, or industry leaders affected by the rule. 


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‘‘(3) PUBLICATION DATE.—An agency shall publish each guide 

(including the posting and distribution of the guide as described under paragraph (2))— ‘‘(A) on the same date as the date of publication of the 

final rule (or as soon as possible after that date); and ‘‘(B) not later than the date on which the requirements 

of that rule become effective. ‘‘(4) COMPLIANCE ACTIONS.— ‘‘(A) IN GENERAL.—Each guide shall explain the actions 

a small entity is required to take to comply with a rule. ‘‘(B) EXPLANATION.—The explanation under subparagraph (A)— ‘‘(i) shall include a description of actions needed to 

meet the requirements of a rule, to enable a small entity to know when such requirements are met; and ‘‘(ii) if determined appropriate by the agency, may 

include a description of possible procedures, such as 

conducting tests, that may assist a small entity in 

meeting such requirements, except that, compliance 

with any procedures described pursuant to this section 

does not establish compliance with the rule, or establish a presumption or inference of such compliance. ‘‘(C) PROCEDURES.—Procedures described under subparagraph (B)(ii)— ‘‘(i) shall be suggestions to assist small entities; and 

‘‘(ii) shall not be additional requirements, or diminish requirements, relating to the rule. ‘‘(5) AGENCY PREPARATION OF GUIDES.—The agency shall, in 

its sole discretion, taking into account the subject matter of the 

rule and the language of relevant statutes, ensure that the 

guide is written using sufficiently plain language likely to be 

understood by affected small entities. Agencies may prepare 

separate guides covering groups or classes of similarly affected 

small entities and may cooperate with associations of small entities to develop and distribute such guides. An agency may 

prepare guides and apply this section with respect to a rule or 

a group of related rules. ‘‘(6) REPORTING.—Not later than 1 year after the date of enactment of the Fair Minimum Wage Act of 2007, and annually 

thereafter, the head of each agency shall submit a report to the 

Committee on Small Business and Entrepreneurship of the 

Senate, the Committee on Small Business of the House of Representatives, and any other committee of relevant jurisdiction 

describing the status of the agency’s compliance with paragraphs (1) through (5).’’. 

(b) TECHNICAL AND CONFORMING AMENDMENT.—Section 211(3) of 

the Small Business Regulatory Enforcement Fairness Act of 1996 

(5 U.S.C. 601 note) is amended by inserting ‘‘and entitled’’ after 

‘‘designated’’. 

SEC. 8303. SMALL BUSINESS CHILD CARE GRANT PROGRAM. 

(a) ESTABLISHMENT.—The Secretary of Health and Human Services (referred to in this section as the ‘‘Secretary’’) shall establish 

a program to award grants to States, on a competitive basis, to assist States in providing funds to encourage the establishment and 

operation of employer-operated child care programs. 


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(b) APPLICATION.—To be eligible to receive a grant under this section, a State shall prepare and submit to the Secretary an application at such time, in such manner, and containing such information 

as the Secretary may require, including an assurance that the 

funds required under subsection (e) will be provided. 

(c) AMOUNT AND PERIOD OF GRANT.—The Secretary shall determine the amount of a grant to a State under this section based on 

the population of the State as compared to the population of all 

States receiving grants under this section. The Secretary shall 

make the grant for a period of 3 years. 

(d) USE OF FUNDS.— (1) IN GENERAL.—A State shall use amounts provided under 

a grant awarded under this section to provide assistance to 

small businesses (or consortia formed in accordance with paragraph (3)) located in the State to enable the small businesses 

(or consortia) to establish and operate child care programs. 

Such assistance may include—

(A) technical assistance in the establishment of a child 

care program; 

(B) assistance for the startup costs related to a child 

care program; 

(C) assistance for the training of child care providers; 

(D) scholarships for low-income wage earners; 

(E) the provision of services to care for sick children or 

to provide care to school-aged children; 

(F) the entering into of contracts with local resource and 

referral organizations or local health departments; 

(G) assistance for care for children with disabilities; 

(H) payment of expenses for renovation or operation of 

a child care facility; or 

(I) assistance for any other activity determined appropriate by the State. 

(2) APPLICATION.—In order for a small business or consortium to be eligible to receive assistance from a State under this 

section, the small business involved shall prepare and submit 

to the State an application at such time, in such manner, and 

containing such information as the State may require. 

(3) PREFERENCE.— (A) IN GENERAL.—In providing assistance under this section, a State shall give priority to an applicant that desires 

to form a consortium to provide child care in a geographic 

area within the State where such care is not generally 

available or accessible. 

(B) CONSORTIUM.—For purposes of subparagraph (A), a 

consortium shall be made up of 2 or more entities that 

shall include small businesses and that may include large 

businesses, nonprofit agencies or organizations, local governments, or other appropriate entities. 

(4) LIMITATIONS.—With respect to grant funds received 

under this section, a State may not provide in excess of 

$500,000 in assistance from such funds to any single applicant. 

(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 

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tion, the covered entity will make available (directly or through donations from public or private entities) non-Federal contributions to 

such costs in an amount equal to—

(1) for the first fiscal year in which the covered entity receives such assistance, not less than 50 percent of such costs 

($1 for each $1 of assistance provided to the covered entity 

under the grant); 

(2) for the second fiscal year in which the covered entity receives such assistance, not less than 662⁄3 percent of such costs 

($2 for each $1 of assistance provided to the covered entity 

under the grant); and 

(3) for the third fiscal year in which the covered entity receives such assistance, not less than 75 percent of such costs 

($3 for each $1 of assistance provided to the covered entity 

under the grant). 

(f) REQUIREMENTS OF PROVIDERS.—To be eligible to receive assistance under a grant awarded under this section, a child care 

provider— 

(1) who receives assistance from a State shall comply with 

all applicable State and local licensing and regulatory requirements and all applicable health and safety standards in effect 

in the State; and 

(2) who receives assistance from an Indian tribe or tribal organization shall comply with all applicable regulatory standards. 

(g) STATE-LEVEL ACTIVITIES.—A State may not retain more than 

3 percent of the amount described in subsection (c) for State administration and other State-level activities. 

(h) ADMINISTRATION.— 

(1) STATE RESPONSIBILITY.—A State shall have responsibility 

for administering a grant awarded for the State under this section and for monitoring covered entities that receive assistance 

under such grant. 

(2) AUDITS.—A State shall require each covered entity receiving assistance under the grant awarded under this section to 

conduct an annual audit with respect to the activities of the 

covered entity. Such audits shall be submitted to the State. 

(3) MISUSE OF FUNDS.— 

(A) REPAYMENT.—If the State determines, through an 

audit or otherwise, that a covered entity receiving assistance under a grant awarded under this section has misused the assistance, the State shall notify the Secretary of 

the misuse. The Secretary, upon such a notification, may 

seek from such a covered entity the repayment of an 

amount equal to the amount of any such misused assistance plus interest. 

(B) APPEALS PROCESS.—The Secretary shall by regulation provide for an appeals process with respect to repayments under this paragraph. 

(i) REPORTING REQUIREMENTS.— 

(1) 2-YEAR STUDY.— 

(A) IN GENERAL.—Not later than 2 years after the date 

on which the Secretary first awards grants under this section, the Secretary shall conduct a study to determine— 


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(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) 4-YEAR STUDY.—

(A) IN GENERAL.—Not later than 4 years after the date 

on which the Secretary first awards grants under this section, the Secretary shall conduct a study to determine the 

number of child care facilities that are funded through covered entities that received assistance through a grant 

awarded under this section and that remain in operation, 

and the extent to which such facilities are meeting the 

child care needs of the individuals served by such facilities. 

(B) REPORT.—Not later than 52 months after the date on 

which the Secretary first awards grants under this section, 

the Secretary shall prepare and submit to the appropriate 

committees of Congress a report on the results of the study 

conducted in accordance with subparagraph (A). 

(j) DEFINITIONS.—In this section: 

(1) COVERED ENTITY.—The term ‘‘covered entity’’ means a 

small business or a consortium formed in accordance with subsection (d)(3). 

(2) INDIAN COMMUNITY.—The term ‘‘Indian community’’

means a community served by an Indian tribe or tribal organization. 

(3) INDIAN TRIBE; TRIBAL ORGANIZATION.—The terms ‘‘Indian 

tribe’’ and ‘‘tribal organization’’ have the meanings given the 

terms in section 658P of the Child Care and Development 

Block Grant Act of 1990 (42 U.S.C. 9858n). 

(4) SMALL BUSINESS.—The term ‘‘small business’’ means an 

employer who employed an average of at least 2 but not more 

than 50 employees on the business days during the preceding 

calendar year. 

(5) STATE.—The term ‘‘State’’ has the meaning given the 

term in section 658P of the Child Care and Development Block 

Grant Act of 1990 (42 U.S.C. 9858n). 

(k) APPLICATION TO INDIAN TRIBES AND TRIBAL ORGANIZATIONS.—

In this section: 

(1) IN GENERAL.—Except as provided in subsection (f)(1), and 

in paragraphs (2) and (3), the term ‘‘State’’ includes an Indian 

tribe or tribal organization. 

(2) GEOGRAPHIC REFERENCES.—The term ‘‘State’’ includes an 

Indian community in subsections (c) (the second and third 

place the term appears), (d)(1) (the second place the term appears), (d)(3)(A) (the second place the term appears), and 

(i)(1)(A)(i). 


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(3) STATE-LEVEL ACTIVITIES.—The term ‘‘State-level activities’’ includes activities at the tribal level. 

(l) AUTHORIZATION OF APPROPRIATIONS.—

(1) IN GENERAL.—There is authorized to be appropriated to 

carry out this section, $50,000,000 for the period of fiscal years 

2008 through 2012. 

(2) STUDIES AND ADMINISTRATION.—With respect to the total 

amount appropriated for such period in accordance with this 

subsection, not more than $2,500,000 of that amount may be 

used for expenditures related to conducting studies required 

under, and the administration of, this section. 

(m) TERMINATION OF PROGRAM.—The program established under 

subsection (a) shall terminate on September 30, 2012. 

SEC. 8304. STUDY OF UNIVERSAL USE OF ADVANCE PAYMENT OF 

EARNED INCOME CREDIT. 

Not later than 180 days after the date of the enactment of this 

Act, the Secretary of the Treasury shall report to Congress on a 

study of the benefits, costs, risks, and barriers to workers and to 

businesses (with a special emphasis on small businesses) if the advance earned income tax credit program (under section 3507 of the 

Internal Revenue Code of 1986) included all recipients of the 

earned income tax credit (under section 32 of such Code) and what 

steps would be necessary to implement such inclusion. 

SEC. 8305. RENEWAL GRANTS FOR WOMEN’S BUSINESS CENTERS. 

(a) IN GENERAL.—Section 29 of the Small Business Act (15 

U.S.C. 656) is amended by adding at the end the following: 

‘‘(m) CONTINUED FUNDING FOR CENTERS.—

‘‘(1) IN GENERAL.—A nonprofit organization described in 

paragraph (2) shall be eligible to receive, subject to paragraph 

(3), a 3-year grant under this subsection. 

‘‘(2) APPLICABILITY.—A nonprofit organization described in 

this paragraph is a nonprofit organization that has received 

funding under subsection (b) or (l). 

‘‘(3) APPLICATION AND APPROVAL CRITERIA.—

‘‘(A) CRITERIA.—Subject to subparagraph (B), the Administrator shall develop and publish criteria for the consideration and approval of applications by nonprofit organizations under this subsection. 

‘‘(B) CONTENTS.—Except as otherwise provided in this 

subsection, the conditions for participation in the grant 

program under this subsection shall be the same as the 

conditions for participation in the program under subsection (l), as in effect on the date of enactment of this Act. 

‘‘(C) NOTIFICATION.—Not later than 60 days after the 

date of the deadline to submit applications for each fiscal 

year, the Administrator shall approve or deny any application under this subsection and notify the applicant for each 

such application. 

‘‘(4) AWARD OF GRANTS.—

‘‘(A) IN GENERAL.—Subject to the availability of appropriations, the Administrator shall make a grant for the 

Federal share of the cost of activities described in the application to each applicant approved under this subsection. 


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‘‘(B) AMOUNT.—A grant under this subsection shall be for not more than $150,000, for each year of that grant. ‘‘(C) FEDERAL SHARE.—The Federal share under this 

subsection shall be not more than 50 percent. ‘‘(D) PRIORITY.—In allocating funds made available for 

grants under this section, the Administrator shall give applications under this subsection or subsection (l) priority 

over first-time applications under subsection (b). ‘‘(5) RENEWAL.— ‘‘(A) IN GENERAL.—The Administrator may renew a 

grant under this subsection for additional 3-year periods, 

if the nonprofit organization submits an application for 

such renewal at such time, in such manner, and accompanied by such information as the Administrator may establish. ‘‘(B) UNLIMITED RENEWALS.—There shall be no limitation 

on the number of times a grant may be renewed under 

subparagraph (A). 

‘‘(n) PRIVACY REQUIREMENTS.—

‘‘(1) IN GENERAL.—A women’s business center may not disclose the name, address, or telephone number of any individual 

or small business concern receiving assistance under this section without the consent of such individual or small business 

concern, unless—

‘‘(A) the Administrator is ordered to make such a disclosure by a court in any civil or criminal enforcement action 

initiated by a Federal or State agency; or 

‘‘(B) the Administrator considers such a disclosure to be 

necessary for the purpose of conducting a financial audit 

of a women’s business center, but a disclosure under this 

subparagraph shall be limited to the information necessary 

for such audit. 

‘‘(2) ADMINISTRATION USE OF INFORMATION.—This subsection 

shall not—‘‘(A) restrict Administration access to program activity 

data; or ‘‘(B) prevent the Administration from using client information (other than the information described in subparagraph (A)) to conduct client surveys. ‘‘(3) REGULATIONS.—The Administrator shall issue regulations to establish standards for requiring disclosures during a 

financial audit under paragraph (1)(B).’’. 

(b) REPEAL.—Section 29(l) of the Small Business Act (15 U.S.C. 

656(l)) is repealed effective October 1 of the first full fiscal year 

after the date of enactment of this Act. 

(c) TRANSITIONAL RULE.—Notwithstanding any other provision of 

law, a grant or cooperative agreement that was awarded under 

subsection (l) of section 29 of the Small Business Act (15 U.S.C. 

656), on or before the day before the date described in subsection 

(b) of this section, shall remain in full force and effect under the 

terms, and for the duration, of such grant or agreement. 

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—


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84 

(1) by striking ‘‘Notwithstanding’’ and inserting the following: 

‘‘(a) IN GENERAL.—Notwithstanding’’; and 

(2) by adding at the end the following: 

‘‘(b) REPORTS.—

‘‘(1) IN GENERAL.—Not later than 180 days after the end of 

each of fiscal years 2007 through 2011, the head of each Federal agency shall submit to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Oversight and Government Reform of the House of 

Representatives a report on the amount of the acquisitions 

made by the agency in that fiscal year of articles, materials, 

or supplies purchased from entities that manufacture the articles, materials, or supplies outside of the United States. 

‘‘(2) CONTENTS OF REPORT.—The report required by paragraph (1) shall separately include, for the fiscal year covered 

by such report—

‘‘(A) the dollar value of any articles, materials, or supplies that were manufactured outside the United States; 

‘‘(B) an itemized list of all waivers granted with respect 

to such articles, materials, or supplies under this Act, and 

a citation to the treaty, international agreement, or other 

law under which each waiver was granted; 

‘‘(C) if any articles, materials, or supplies were acquired 

from entities that manufacture articles, materials, or supplies outside the United States, the specific exception 

under this section that was used to purchase such articles, 

materials, or supplies; and 

‘‘(D) a summary of—

‘‘(i) the total procurement funds expended on articles, materials, and supplies manufactured inside the 

United States; and ‘‘(ii) the total procurement funds expended on articles, materials, and supplies manufactured outside the 

United States. ‘‘(3) PUBLIC AVAILABILITY.—The head of each Federal agency 

submitting a report under paragraph (1) shall make the report 

publicly available to the maximum extent practicable. 

‘‘(4) EXCEPTION FOR INTELLIGENCE COMMUNITY.—This subsection shall not apply to acquisitions made by an agency, or 

component thereof, that is an element of the intelligence community as specified in, or designated under, section 3(4) of the 

National Security Act of 1947 (50 U.S.C. 401a(4)).’’. 

TITLE IX—AGRICULTURAL ASSISTANCE 

SEC. 9001. CROP DISASTER ASSISTANCE. 

(a) ASSISTANCE AVAILABLE.—There are hereby appropriated to 

the Secretary of Agriculture such sums as are necessary, to remain 

available until expended, to make emergency financial assistance 

available to producers on a farm that incurred qualifying quantity 

or quality losses for the 2005, 2006, or 2007 crop, due to damaging 

weather or any related condition (including losses due to crop diseases, insects, and delayed planting), as determined by the SecVerDate Aug 31 2005 23:59 May 25, 2007 Jkt 059008 PO 00000 Frm 00084 Fmt 6659 Sfmt 6602 E:\HR\OC\HR168.XXX HR168

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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 damaging 

weather or any related condition. 

(b) ELECTION OF CROP YEAR.—If a producer incurred qualifying 

crop losses in more than one of the 2005, 2006, or 2007 crop years, 

the producer shall elect to receive assistance under this section for 

losses incurred in only one of such crop years. The producer may 

not receive assistance under this section for more than one crop 

year. 

(c) ADMINISTRATION.—

(1) IN GENERAL.—Except as provided in paragraph (2), the 

Secretary of Agriculture shall make assistance available under 

this section in the same manner as provided under section 815 

of the Agriculture, Rural Development, Food and Drug Administration and Related Agencies Appropriations Act, 2001 (Public Law 106–387; 114 Stat. 1549A–55), including using the 

same loss thresholds for quantity and economic losses as were 

used in administering that section, except that the payment 

rate shall be 42 percent of the established price, instead of 65 

percent. 

(2) LOSS THRESHOLDS FOR QUALITY LOSSES.—In the case of a 

payment for quality loss for a crop under subsection (a), the 

loss thresholds for quality loss for the crop shall be determined 

under subsection (d). 

(d) QUALITY LOSSES.—

(1) IN GENERAL.—Subject to paragraph (3), the amount of a 

payment made to producers on a farm for a quality loss for a 

crop under subsection (a) shall be equal to the amount obtained by multiplying—

(A) 65 percent of the payment quantity determined 

under paragraph (2); by 

(B) 42 percent of the payment rate determined under 

paragraph (3). 

(2) PAYMENT QUANTITY.—For the purpose of paragraph 

(1)(A), the payment quantity for quality losses for a crop of a 

commodity on a farm shall equal the lesser of—

(A) the actual production of the crop affected by a quality loss of the commodity on the farm; or 

(B) the quantity of expected production of the crop affected by a quality loss of the commodity on the farm, 

using the formula used by the Secretary of Agriculture to 

determine quantity losses for the crop of the commodity 

under subsection (a). 

(3) PAYMENT RATE.—For the purpose of paragraph (1)(B) and 

in accordance with paragraphs (5) and (6), the payment rate 

for quality losses for a crop of a commodity on a farm shall be 

equal to the difference between—

(A) the per unit market value that the units of the crop 

affected by the quality loss would have had if the crop had 

not suffered a quality loss; and 

(B) the per unit market value of the units of the crop affected by the quality loss. 


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(4) ELIGIBILITY.—For producers on a farm to be eligible to 

obtain a payment for a quality loss for a crop under subsection 

(a), the amount obtained by multiplying the per unit loss determined under paragraph (1) by the number of units affected by 

the quality loss shall be at least 25 percent of the value that 

all affected production of the crop would have had if the crop 

had not suffered a quality loss. 

(5) MARKETING CONTRACTS.—In the case of any production of 

a commodity that is sold pursuant to one or more marketing 

contracts (regardless of whether the contract is entered into by 

the producers on the farm before or after harvest) and for 

which appropriate documentation exists, the quantity designated in the contracts shall be eligible for quality loss assistance based on the one or more prices specified in the contracts. 

(6) OTHER PRODUCTION.—For any additional production of a 

commodity for which a marketing contract does not exist or for 

which production continues to be owned by the producer, quality losses shall be based on the average local market discounts 

for reduced quality, as determined by the appropriate State 

committee of the Farm Service Agency. 

(7) QUALITY ADJUSTMENTS AND DISCOUNTS.—The appropriate 

State committee of the Farm Service Agency shall identify the 

appropriate quality adjustment and discount factors to be considered in carrying out this subsection, including— (A) the average local discounts actually applied to a 

crop; and 

(B) the discount schedules applied to loans made by the 

Farm Service Agency or crop insurance coverage under the 

Federal Crop Insurance Act (7 U.S.C. 1501 et seq.). 

(8) ELIGIBLE PRODUCTION.—The Secretary of Agriculture 

shall carry out this subsection in a fair and equitable manner 

for all eligible production, including the production of fruits 

and vegetables, other specialty crops, and field crops. 

(e) PAYMENT LIMITATIONS.—

(1) LIMIT ON AMOUNT OF ASSISTANCE.—Assistance provided 

under this section to a producer for losses to a crop, together 

with the amounts specified in paragraph (2) applicable to the 

same crop, may not exceed 95 percent of what the value of the 

crop would have been in the absence of the losses, as estimated 

by the Secretary of Agriculture. 

(2) OTHER PAYMENTS.—In applying the limitation in paragraph (1), the Secretary shall include the following: 

(A) Any crop insurance payment made under the Federal 

Crop Insurance Act (7 U.S.C. 1501 et seq.) or payment 

under section 196 of the Federal Agriculture Improvement 

and Reform Act of 1996 (7 U.S.C. 7333) that the producer 

receives for losses to the same crop. 

(B) The value of the crop that was not lost (if any), as 

estimated by the Secretary. 

(f) ELIGIBILITY REQUIREMENTS AND LIMITATIONS.—The producers 

on a farm shall not be eligible for assistance under this section 

with respect to losses to an insurable commodity or noninsurable 

commodity if the producers on the farm— (1) in the case of an insurable commodity, did not obtain a 

policy or plan of insurance for the insurable commodity under 


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the Federal Crop Insurance Act (7 U.S.C. 1501 et seq.) for the 

crop incurring the losses; 

(2) in the case of a noninsurable commodity, did not file the 

required paperwork, and pay the administrative fee by the applicable State filing deadline, for the noninsurable commodity 

under section 196 of the Federal Agriculture Improvement and 

Reform Act of 1996 (7 U.S.C. 7333) for the crop incurring the 

losses; or 

(3) were not in compliance with highly erodible land conservation and wetland conservation provisions. 

(g) TIMING.— (1) IN GENERAL.—Subject to paragraph (2), the Secretary of 

Agriculture shall make payments to producers on a farm for a 

crop under this section not later than 60 days after the date 

the producers on the farm submit to the Secretary a completed 

application for the payments. 

(2) INTEREST.—If the Secretary does not make payments to 

the producers on a farm by the date described in paragraph 

(1), the Secretary shall pay to the producers on a farm interest 

on the payments at a rate equal to the current (as of the signup deadline established by the Secretary) market yield on outstanding, marketable obligations of the United States with maturities of 30 years. 

(h) DEFINITIONS.—In this section: 

(1) INSURABLE COMMODITY.—The term ‘‘insurable commodity’’ means an agricultural commodity (excluding livestock) 

for which the producers on a farm are eligible to obtain a policy or plan of insurance under the Federal Crop Insurance Act 

(7 U.S.C. 1501 et seq.). 

(2) NONINSURABLE COMMODITY.—The term ‘‘noninsurable 

commodity’’ means a crop for which the producers on a farm 

are eligible to obtain assistance under section 196 of the Federal Agriculture Improvement and Reform Act of 1996 (7 

U.S.C. 7333). 

SEC. 9002. LIVESTOCK ASSISTANCE. 

(a) LIVESTOCK COMPENSATION PROGRAM.— (1) AVAILABILITY OF ASSISTANCE.—There are hereby appropriated to the Secretary of Agriculture such sums as are necessary, to remain available until expended, to carry out the 

livestock compensation program established under subpart B of 

part 1416 of title 7, Code of Federal Regulations, as announced 

by the Secretary on February 12, 2007 (72 Fed. Reg. 6443), to 

provide compensation for livestock losses between January 1, 

2005 and February 28, 2007, due to a disaster, as determined 

by the Secretary (including losses due to blizzards that started 

in 2006 and continued into January 2007). However, the payment rate for compensation under this subsection shall be 61 

percent of the payment rate otherwise applicable under such 

program. In addition, section 1416.102(b)(2)(ii) of title 7, Code 

of Federal Regulations (72 Fed. Reg. 6444) shall not apply. 

(2) ELIGIBLE APPLICANTS.—In carrying out the program described in paragraph (1), the Secretary shall provide assistance 

to any applicant that—

(A) conducts a livestock operation that is located in a 

disaster county with eligible livestock specified in paraVerDate Aug 31 2005 23:59 May 25, 2007 Jkt 059008 PO 00000 Frm 00087 Fmt 6659 Sfmt 6602 E:\HR\OC\HR168.XXX HR168

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graph (1) of section 1416.102(a) of title 7, Code of Federal 

Regulations (72 Fed. Reg. 6444), an animal described in 

section 10806(a)(1) of the Farm Security and Rural Investment Act of 2002 (21 U.S.C. 321d(a)(1)), or other animals 

designated by the Secretary as livestock for purposes of 

this subsection; and 

(B) meets the requirements of paragraphs (3) and (4) of 

section 1416.102(a) of title 7, Code of Federal Regulations, 

and all other eligibility requirements established by the 

Secretary for the program. 

(3) ELECTION OF LOSSES.— (A) If a producer incurred eligible livestock losses in 

more than one of the 2005, 2006, or 2007 calendar years, 

the producer shall elect to receive payments under this 

subsection for losses incurred in only one of such calendar 

years, and such losses must have been incurred in a county declared or designated as a disaster county in that same 

calendar year. 

(B) Producers may elect to receive compensation for 

losses in the calendar year 2007 grazing season that are 

attributable to wildfires occurring during the applicable 

period, as determined by the Secretary. 

(4) MITIGATION.—In determining the eligibility for or amount 

of payments for which a producer is eligible under the livestock 

compensation program, the Secretary shall not penalize a producer that takes actions (recognizing disaster conditions) that 

reduce the average number of livestock the producer owned for 

grazing during the production year for which assistance is 

being provided. 

(5) DEFINITIONS.—In this subsection: 

(A) DISASTER COUNTY.—The term ‘‘disaster county’’ means—

(i) a county included in the geographic area covered 

by a natural disaster declaration; and 

(ii) each county contiguous to a county described in 

clause (i). 

(B) NATURAL DISASTER DECLARATION.—The term ‘‘natural disaster declaration’’ means— (i) a natural disaster declared by the Secretary between January 1, 2005 and February 28, 2007, under 

section 321(a) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1961(a)); 

(ii) a major disaster or emergency designated by the 

President between January 1, 2005 and February 28, 

2007, under the Robert T. Stafford Disaster Relief and 

Emergency Assistance Act (42 U.S.C. 5121 et seq.); or 

(iii) a determination of a Farm Service Agency Administrator’s Physical Loss Notice if such notice applies to a county included under (ii). 

(b) LIVESTOCK INDEMNITY PAYMENTS.— (1) AVAILABILITY OF ASSISTANCE.—There are hereby appropriated to the Secretary of Agriculture such sums as are necessary, to remain available until expended, to make livestock 

indemnity payments to producers on farms that have incurred 

livestock losses between January 1, 2005 and February 28, 


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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 for assistance, applicants must meet all eligibility requirements established by the Secretary for the program. 

(2) ELECTION OF LOSSES.—If a producer incurred eligible livestock losses in more than one of the 2005, 2006, or 2007 calendar years, the producer shall elect to receive payments 

under this subsection for losses incurred in only one of such 

calendar years. The producer may not receive payments under 

this subsection for more than one calendar year. 

(3) PAYMENT RATES.—Indemnity payments to a producer on 

a farm under paragraph (1) shall be made at a rate of not less 

than 26 percent of the market value of the applicable livestock 

on the day before the date of death of the livestock, as determined by the Secretary. 

(4) LIVESTOCK DEFINED.—In this subsection, the term ‘‘livestock’’ means an animal that—

(A) is specified in clause (i) of section 1416.203(a)(2) of 

title 7, Code of Federal Regulations (72 Fed. Reg. 6445), or 

is designated by the Secretary as livestock for purposes of 

this subsection; and 

(B) meets the requirements of clauses (iii) and (iv) of 

such section. 

(5) DEFINITIONS.—In this subsection: 

(A) DISASTER COUNTY.—The term ‘‘disaster county’’

means—

(i) a county included in the geographic area covered 

by a natural disaster declaration; and 

(ii) each county contiguous to a county described in 

clause (i). 

(B) NATURAL DISASTER DECLARATION.—The term ‘‘natural disaster declaration’’ means—

(i) a natural disaster declared by the Secretary between January 1, 2005 and February 28, 2007, under 

section 321(a) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1961(a)); 

(ii) a major disaster or emergency designated by the 

President between January 1, 2005 and February 28, 

2007, under the Robert T. Stafford Disaster Relief and 

Emergency Assistance Act (42 U.S.C. 5121 et seq.); or 

(iii) a determination of a Farm Service Agency Administrator’s Physical Loss Notice if such notice applies to a county included under (ii). 

SEC. 9003. EMERGENCY CONSERVATION PROGRAM. 

There is hereby appropriated to the Secretary of Agriculture 

$16,000,000, to remain available until expended, to provide assistance under the Emergency Conservation Program under title IV of 

the Agriculture Credit Act of 1978 (16 U.S.C. 2201 et seq.) for the 

cleanup and restoration of farm and agricultural production lands. 

SEC. 9004. PAYMENT LIMITATIONS. 

(a) REDUCTION IN PAYMENTS TO REFLECT PAYMENTS FOR SAME

OR SIMILAR LOSSES.—The amount of any payment for which a producer is eligible under sections 9001 and 9002 shall be reduced by 


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any amount received by the producer for the same loss or any similar loss under— (1) the Department of Defense, Emergency Supplemental Appropriations to Address Hurricanes in the Gulf of Mexico, and 

Pandemic Influenza Act, 2006 (Public Law 109–148; 119 Stat. 

2680); 

(2) an agricultural disaster assistance provision contained in 

the announcement of the Secretary on January 26, 2006 or August 29, 2006; or 

(3) the Emergency Supplemental Appropriations Act for Defense, the Global War on Terror, and Hurricane Recovery, 2006 

(Public Law 109–234; 120 Stat. 418). 

(b) ADJUSTED GROSS INCOME LIMITATION.—Section 1001D of the 

Food Security Act of 1985 (7 U.S.C. 1308–3a) shall apply with respect to assistance provided under sections 9001, 9002, and 9003. 

SEC. 9005. ADMINISTRATION. 

(a) REGULATIONS.—The Secretary of Agriculture may promulgate 

such regulations as are necessary to implement sections 9001 and 

9002. 

(b) PROCEDURE.—The promulgation of the implementing regulations and the administration of sections 9001 and 9002 shall be 

made without regard to—

(1) the notice and comment provisions of section 553 of title 

5, United States Code; 

(2) the Statement of Policy of the Secretary of Agriculture effective July 24, 1971 (36 Fed. Reg. 13804), relating to notices 

of proposed rulemaking and public participation in rulemaking; 

and 

(3) chapter 35 of title 44, United States Code (commonly 

known as the ‘‘Paperwork Reduction Act’’). 

(c) CONGRESSIONAL REVIEW OF AGENCY RULEMAKING.—In carrying out this section, the Secretary of Agriculture shall use the authority provided under section 808 of title 5, United States Code. 

(d) USE OF COMMODITY CREDIT CORPORATION; LIMITATION.—In 

implementing sections 9001 and 9002, the Secretary of Agriculture 

may use the facilities, services, and authorities of the Commodity 

Credit Corporation. The Corporation shall not make any expenditures to carry out sections 9001 and 9002 unless funds have been 

specifically appropriated for such purpose. 

SEC. 9006. MILK INCOME LOSS CONTRACT PROGRAM. 

(a) Section 1502(c)(3) of the Farm Security and Rural Investment 

Act of 2002 (7 U.S.C. 7982(c)(3)) is amended—

(1) in subparagraph (A), by adding ‘‘and’’ at the end; 

(2) in subparagraph (B), by striking ‘‘August’’ and all that 

follows through the end and inserting ‘‘September 30, 2007, 34 

percent.’’; and 

(3) by striking subparagraph (C). 

(b) Section 10002 of this Act shall not apply to this section except 

with respect to fiscal years 2007 and 2008. 

SEC. 9007. DAIRY ASSISTANCE. 

There is hereby appropriated $16,000,000 to make payments to 

dairy producers for dairy production losses in disaster counties, as 

defined in section 9002 of this title, to remain available until expended. 


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91 

SEC. 9008. NONINSURED CROP ASSISTANCE PROGRAM. 

For states in which there is a shortage of claims adjustors, as determined by the Secretary, the Secretary shall permit the use of 

one claims adjustor certified by the Secretary in carrying out 7 

CFR 1437.401. 

SEC. 9009. EMERGENCY GRANTS TO ASSIST LOW-INCOME MIGRANT 

AND SEASONAL FARMWORKERS. 

There is hereby appropriated $16,000,000 to carry out section 

2281 of the Food, Agriculture, Conservation and Trade Act of 1990 

(42 U.S.C. 5177a), to remain available until expended. 

SEC. 9010. CONSERVATION SECURITY PROGRAM. 

Section 20115 of Public Law 110–5 is amended by striking ‘‘section 726’’ and inserting in lieu thereof ‘‘section 726; section 741’’. 

SEC. 9011. ADMINISTRATIVE EXPENSES. 

There is hereby appropriated $22,000,000 for the ‘‘Farm Service 

Agency, Salaries and Expenses’’, to remain available until September 30, 2008. 

SEC. 9012. CONTRACT WAIVER. 

In carrying out crop disaster and livestock assistance in this 

title, the Secretary shall require forage producers to have participated in a crop insurance pilot program or the Non-Insured Crop 

Disaster Assistance Program during the crop year for which compensation is received. 

TITLE X—GENERAL PROVISIONS 

SEC. 10001. No part of any appropriation contained in this Act 

shall remain available for obligation beyond the current fiscal year 

unless expressly so provided herein. 

SEC. 10002. Amounts in this Act (other than in titles VI and 

VIII) are designated as emergency requirements and necessary to 

meet emergency needs pursuant to subsections (a) and (b) of section 204 of S. Con. Res. 21 (110th Congress), the concurrent resolution on the budget for fiscal year 2008. 

Amend the title so as to read: ‘‘An Act making supplemental appropriations for the fiscal year ending September 30, 2007, and for 

other purposes.’’. 

TEXT OF THE HOUSE AMENDMENT NO. 2 TO THE SENATE AMENDMENT

TO H.R. 2206 MADE IN ORDER UNDER THE RULE

AMENDMENT 2 TO THE SENATE AMENDMENT TO H.R. 2206 

In lieu of titles I and II of House amendment 1 (or, if such 

amendment has not been agreed to, in lieu of the matter proposed 

to be inserted by the Senate amendment), insert the following: 


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

CHAPTER 1 

DEPARTMENT OF AGRICULTURE 

FOREIGN AGRICULTURAL SERVICE

PUBLIC LAW 480 TITLE II GRANTS

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

during the current fiscal year, not otherwise recoverable, and unrecovered prior years’ costs, including interest thereon, under the Agricultural Trade Development and Assistance Act of 1954, for commodities supplied in connection with dispositions abroad under title 

II of said Act, $350,000,000, to remain available until expended. 

CHAPTER 2 

DEPARTMENT OF JUSTICE 

LEGAL ACTIVITIES

SALARIES AND EXPENSES, GENERAL LEGAL ACTIVITIES

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

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

30, 2008. 

SALARIES AND EXPENSES, UNITED STATES ATTORNEYS

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

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

30, 2008. 

UNITED STATES MARSHALS SERVICE

SALARIES AND EXPENSES

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

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

NATIONAL SECURITY DIVISION

SALARIES AND EXPENSES

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

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

FEDERAL BUREAU OF INVESTIGATION

SALARIES AND EXPENSES

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

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


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DRUG ENFORCEMENT ADMINISTRATION

SALARIES AND EXPENSES

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

$8,468,000, to remain available until September 30, 2008. 

BUREAU OF ALCOHOL, TOBACCO, FIREARMS AND EXPLOSIVES

SALARIES AND EXPENSES

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

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

FEDERAL PRISON SYSTEM

SALARIES AND EXPENSES

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

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

GENERAL PROVISIONS—THIS CHAPTER 

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

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

shall be made available according to the language relating to such 

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

107). 

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

Justice, Legal Activities, Salaries and Expenses, General Legal Activities’’, shall be made available according to the language relating 

to such account in the joint explanatory statement accompanying 

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

110–107). 

CHAPTER 3 

DEPARTMENT OF DEFENSE—MILITARY 

MILITARY PERSONNEL 

MILITARY PERSONNEL, ARMY

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

$8,510,270,000. 

MILITARY PERSONNEL, NAVY

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

$692,127,000. 

MILITARY PERSONNEL, MARINE CORPS

For an additional amount for ‘‘Military Personnel, Marine 

Corps’’, $1,386,871,000. 

MILITARY PERSONNEL, AIR FORCE

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

$1,079,287,000. 


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RESERVE PERSONNEL, ARMY

For an additional amount for ‘‘Reserve Personnel, Army’’, 

$147,244,000. 

RESERVE PERSONNEL, NAVY

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

$77,800,000. 

RESERVE PERSONNEL, AIR FORCE

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

$5,500,000. 

NATIONAL GUARD PERSONNEL, ARMY

For an additional amount for ‘‘National Guard Personnel, Army’’, 

$436,025,000. 

NATIONAL GUARD PERSONNEL, AIR FORCE

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

Force’’, $24,500,000. 

OPERATION AND MAINTENANCE 

OPERATION AND MAINTENANCE, ARMY

For an additional amount for ‘‘Operation and Maintenance, 

Army’’, $20,373,379,000. 

OPERATION AND MAINTENANCE, NAVY

(INCLUDING TRANSFER OF FUNDS)

For an additional amount for ‘‘Operation and Maintenance, 

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

for activities which support activities requested by the Navy. 

OPERATION AND MAINTENANCE, MARINE CORPS

For an additional amount for ‘‘Operation and Maintenance, Marine Corps’’, $1,146,594,000. 

OPERATION AND MAINTENANCE, AIR FORCE

For an additional amount for ‘‘Operation and Maintenance, Air 

Force’’, $6,650,881,000. 

OPERATION AND MAINTENANCE, DEFENSE-WIDE

For an additional amount for ‘‘Operation and Maintenance, Defense-Wide’’, $2,714,487,000, of which—

(1) not to exceed $25,000,000 may be used for the Combatant 

Commander Initiative Fund, to be used in support of Operation 

Iraqi Freedom and Operation Enduring Freedom; and 

(2) not to exceed $200,000,000, to remain available until expended, may be used for payments to reimburse Pakistan, Jordan, and other key cooperating nations, for logistical, military, 


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95 

and other support provided to United States military operations, notwithstanding any other provision of law: Provided, 

That such payments may be made in such amounts as the Secretary of Defense, with the concurrence of the Secretary of 

State, and in consultation with the Director of the Office of 

Management and Budget, may determine, in his discretion, 

based on documentation determined by the Secretary of Defense to adequately account for the support provided, and such 

determination is final and conclusive upon the accounting officers of the United States, and 15 days following notification to 

the appropriate congressional committees: Provided further, 

That the Secretary of Defense shall provide quarterly reports 

to the congressional defense committees on the use of funds 

provided in this paragraph. 

OPERATION AND MAINTENANCE, ARMY RESERVE

For an additional amount for ‘‘Operation and Maintenance, Army 

Reserve’’, $74,049,000. 

OPERATION AND MAINTENANCE, NAVY RESERVE

For an additional amount for ‘‘Operation and Maintenance, Navy 

Reserve’’, $111,066,000. 

OPERATION AND MAINTENANCE, MARINE CORPS RESERVE

For an additional amount for ‘‘Operation and Maintenance, Marine Corps Reserve’’, $13,591,000. 

OPERATION AND MAINTENANCE, AIR FORCE RESERVE

For an additional amount for ‘‘Operation and Maintenance, Air 

Force Reserve’’, $10,160,000. 

OPERATION AND MAINTENANCE, ARMY NATIONAL GUARD

For an additional amount for ‘‘Operation and Maintenance, Army 

National Guard’’, $83,569,000. 

OPERATION AND MAINTENANCE, AIR NATIONAL GUARD

For an additional amount for ‘‘Operation and Maintenance, Air 

National Guard’’, $38,429,000. 

AFGHANISTAN SECURITY FORCES FUND

For an additional amount for ‘‘Afghanistan Security Forces 

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

2008. 

IRAQ SECURITY FORCES FUND

For an additional amount for ‘‘Iraq Security Forces Fund’’, 

$3,842,300,000, to remain available until September 30, 2008. 


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IRAQ FREEDOM FUND

(INCLUDING TRANSFER OF FUNDS)

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

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

2008: Provided, That up to $50,000,000 may be obligated and expended for purposes of the Task Force to Improve Business and 

Stability Operations in Iraq. 

JOINT IMPROVISED EXPLOSIVE DEVICE DEFEAT FUND

For an additional amount for ‘‘Joint Improvised Explosive Device 

Defeat Fund’’, $2,432,800,000, to remain available until September 

30, 2009. 

PROCUREMENT 

AIRCRAFT PROCUREMENT, ARMY

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

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

MISSILE PROCUREMENT, ARMY

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

$111,473,000, to remain available until September 30, 2009. 

PROCUREMENT OF WEAPONS AND TRACKED COMBAT VEHICLES, 

ARMY

For an additional amount for ‘‘Procurement of Weapons and 

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

PROCUREMENT OF AMMUNITION, ARMY

For an additional amount for ‘‘Procurement of Ammunition, 

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

2009. 

OTHER PROCUREMENT, ARMY

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

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

AIRCRAFT PROCUREMENT, NAVY

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

$1,090,287,000, to remain available until September 30, 2009. 

WEAPONS PROCUREMENT, NAVY

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

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

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. 


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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. 

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. 


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REVOLVING AND MANAGEMENT FUNDS 

DEFENSE WORKING CAPITAL FUNDS

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

NATIONAL DEFENSE SEALIFT FUND

For an additional amount for ‘‘National Defense Sealift Fund’’, $5,000,000. 

OTHER DEPARTMENT OF DEFENSE PROGRAMS 

DEFENSE HEALTH PROGRAM

For an additional amount for ‘‘Defense Health Program’’, $1,123,147,000. 

DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES, DEFENSE

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

expended. 

RELATED AGENCIES 

INTELLIGENCE COMMUNITY MANAGEMENT ACCOUNT

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

GENERAL PROVISIONS—THIS CHAPTER 

SEC. 1301. Appropriations provided in this Act are available for 

obligation until September 30, 2007, unless otherwise provided 

herein. 

(TRANSFER OF FUNDS)

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

in the national interest, the Secretary of Defense may transfer between appropriations up to $3,500,000,000 of the funds made available to the Department of Defense (except for military construction) 

in this Act: Provided, That the Secretary shall notify the Congress 

promptly of each transfer made pursuant to the authority in this 

section: Provided further, That the authority provided in this section is in addition to any other transfer authority available to the 

Department of Defense and is subject to the same terms and conditions as the authority provided in section 8005 of the Department 

of Defense Appropriations Act, 2007 (Public Law 109–289; 120 

Stat. 1257), except for the fourth proviso: Provided further, That 

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

authority of section 8005 of Public Law 109–289 and transferred 

back to their source appropriations accounts shall not be taken into 

account for purposes of the limitation on the amount of funds that 

may be transferred under section 8005. 

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

the transfer of funds in or pursuant to this Act, for intelligence acVerDate Aug 31 2005 23:59 May 25, 2007 Jkt 059008 PO 00000 Frm 00098 Fmt 6659 Sfmt 6602 E:\HR\OC\HR168.XXX HR168

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99 

tivities are deemed to be specifically authorized by the Congress for 

purposes of section 504(a)(1) of the National Security Act of 1947 

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

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

to finance programs or activities denied by Congress in fiscal years 

2006 or 2007 appropriations to the Department of Defense (except 

for military construction) or to initiate a procurement or research, 

development, test and evaluation new start program without prior 

written notification to the congressional defense committees. 

(TRANSFER OF FUNDS)

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

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

such appropriations or funds of the Department of Defense as he 

shall determine for use consistent with the purposes for which such 

funds were contributed and accepted: Provided, That such amounts 

shall be available for the same time period as the appropriation to 

which transferred: Provided further, That the Secretary shall report to the Congress all transfers made pursuant to this authority. 

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

appropriated by this Act under the heading, ‘‘Drug Interdiction and 

Counter-Drug Activities, Defense’’, not to exceed $60,000,000 may 

be used for support for counter-drug activities of the Governments 

of Afghanistan and Pakistan: Provided, That such support shall be 

in addition to support provided for the counter-drug activities of 

such Governments under any other provision of the law. 

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

support that may be provided under the authority in this section shall be limited to the types of support specified in section 

1033(c)(1) of the National Defense Authorization Act for Fiscal 

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

106–398, 108–136, and 109–364) and conditions on the provision of support as contained in section 1033 shall apply for fiscal year 2007. 

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

and detection, interception, monitoring and testing equipment 

to said Governments for counter-drug activities. 

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

maintenance in this Act to the Department of Defense, not to exceed $456,400,000 may be used, notwithstanding any other provision of law, to fund the Commanders’ Emergency Response Program, for the purpose of enabling military commanders in Iraq and 

Afghanistan to respond to urgent humanitarian relief and reconstruction requirements within their areas of responsibility by carrying out programs that will immediately assist the Iraqi and Afghan people. 

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

of each fiscal year quarter, the Secretary of Defense shall submit 

to the congressional defense committees a report regarding the 

source of funds and the allocation and use of funds during that 

quarter that were made available pursuant to the authority provided in this section or under any other provision of law for the 

purposes of the programs under subsection (a). 


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SEC. 1308. Section 9010 of division A of Public Law 109–289 is 

amended by striking ‘‘2007’’ each place it appears and inserting ‘‘2008’’. SEC. 1309. During fiscal year 2007, supervision and administration costs associated with projects carried out with funds appropriated to ‘‘Afghanistan Security Forces Fund’’ or ‘‘Iraq Security 

Forces Fund’’ in this Act may be obligated at the time a construction contract is awarded: Provided, That for the purpose of this section, supervision and administration costs include all in-house Government costs. 

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

striking ‘‘$310,277,000’’ and inserting ‘‘$376,446,000’’. SEC. 1311. Section 9007 of Public Law 109–289 is amended by 

striking ‘‘20’’ and inserting ‘‘287’’. SEC. 1312. From funds made available for the ‘‘Iraq Security 

Forces Fund’’ for fiscal year 2007, up to $155,500,000 may be used, 

notwithstanding any other provision of law, to provide assistance, 

with the concurrence of the Secretary of State, to the Government 

of Iraq to support the disarmament, demobilization, and reintegration of militias and illegal armed groups. 

(TRANSFER OF FUNDS)

SEC. 1313. Notwithstanding any other provision of law, not to ex- ceed $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 ES- TABLISHMENT 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, 

together with components of the other branches of the military, 

are performing their missions while under enormous strain 

from multiple, extended deployments to Iraq and Afghanistan. 

These deployments, and those that will follow, will have a lasting impact on future recruiting, retention, and readiness of our 

Nation’s all volunteer force. 

(4) Iraq is experiencing a deteriorating problem of sectarian 

and intrasectarian violence based upon political distrust and 

cultural differences among factions of the Sunni and Shia populations. 

(5) Iraqis must reach political and economic settlements in 

order to achieve reconciliation, for there is no military solution. 


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The failure of the Iraqis to reach such settlements to support 

a truly unified government greatly contributes to the increasing violence in Iraq. 

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

sectarian violence rests with the sovereign Government of Iraq. 

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

issued a valuable report, suggesting a comprehensive strategy 

that includes new and enhanced diplomatic and political efforts 

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

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

begin to move its combat forces out of Iraq responsibly. 

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

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

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

contrary impression that exists. 

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

out measurable and achievable benchmarks and President 

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

approach to help the Iraqi government as it works to meet 

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

Committee on National Security agreed upon a set of political, 

security, and economic benchmarks and an associated timeline 

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

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

site. 

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

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

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

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

reconciliation will be an important element of our evaluation’’. (12) The President’s January 10, 2007 address had three 

components: political, military, and economic. Given that significant time has passed since his statement, and recognizing 

the overall situation is ever changing, Congress must have 

timely reports to evaluate and execute its constitutional oversight responsibilities. 

(b) CONDITIONING OF FUTURE UNITED STATES STRATEGY IN IRAQ

ON THE IRAQI GOVERNMENT’S RECORD OF PERFORMANCE ON ITS

BENCHMARKS.—

(1) IN GENERAL.—

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

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

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

Chairman of the Joint Chiefs of Staff, and reflected in the 

Iraqi Government’s commitments to the United States, 

and to the international community, including: 

(i) Forming a Constitutional Review Committee and 

then completing the constitutional review. 

(ii) Enacting and implementing legislation on deBaathification. 

(iii) Enacting and implementing legislation to ensure 

the equitable distribution of hydrocarbon resources of 


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the people of Iraq without regard to the sect or ethnicity of recipients, and enacting and implementing 

legislation to ensure that the energy resources of Iraq 

benefit Sunni Arabs, Shia Arabs, Kurds, and other 

Iraqi citizens in an equitable manner. 

(iv) Enacting and implementing legislation on procedures to form semi-autonomous regions. 

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

provincial elections law, provincial council authorities, 

and a date for provincial elections. 

(vi) Enacting and implementing legislation addressing amnesty. 

(vii) Enacting and implementing legislation establishing a strong militia disarmament program to ensure that such security forces are accountable only to 

the central government and loyal to the Constitution 

of Iraq. 

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

Baghdad Security Plan. 

(ix) Providing three trained and ready Iraqi brigades 

to support Baghdad operations. 

(x) Providing Iraqi commanders with all authorities 

to execute this plan and to make tactical and operational decisions, in consultation with U.S commanders, without political intervention, to include the 

authority to pursue all extremists, including Sunni insurgents and Shiite militias. 

(xi) Ensuring that the Iraqi Security Forces are providing even handed enforcement of the law. 

(xii) Ensuring that, according to President Bush, 

Prime Minister Maliki said ‘‘the Baghdad security 

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

(xiii) Reducing the level of sectarian violence in Iraq 

and eliminating militia control of local security. 

(xiv) Establishing all of the planned joint security 

stations in neighborhoods across Baghdad. 

(xv) Increasing the number of Iraqi security forces 

units capable of operating independently. 

(xvi) Ensuring that the rights of minority political 

parties in the Iraqi legislature are protected. 

(xvii) Allocating and spending $10 billion in Iraqi 

revenues for reconstruction projects, including delivery 

of essential services, on an equitable basis. 

(xviii) Ensuring that Iraq’s political authorities are 

not undermining or making false accusations against 

members of the Iraqi Security Forces. 

(B) The President shall submit reports to Congress on 

how the sovereign Government of Iraq is, or is not, achieving progress towards accomplishing the aforementioned 

benchmarks, and shall advise the Congress on how that 

assessment requires, or does not require, changes to the 

strategy announced on January 10, 2007. 


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(2) REPORTS REQUIRED.— (A) The President shall submit an initial report, in classified and unclassified format, to the Congress, not later 

than July 15, 2007, assessing the status of each of the specific benchmarks established above, and declaring, in his 

judgment, whether satisfactory progress toward meeting 

these benchmarks is, or is not, being achieved. 

(B) The President, having consulted with the Secretary 

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

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

prepare the report and submit the report to Congress. 

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

benchmarks established above is unsatisfactory, the President shall include in that report a description of such revisions to the political, economic, regional, and military components of the strategy, as announced by the President on 

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

in the report, the advisability of implementing such aspects of the bipartisan Iraq Study Group, as he deems appropriate. 

(D) The President shall submit a second report to the 

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

same procedures and criteria outlined above. 

(E) The reporting requirement detailed in section 1227 

of the National Defense Authorization Act for Fiscal Year 

2006 is waived from the date of the enactment of this Act 

through the period ending September 15, 2007. 

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

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

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

the Administration, the United States Ambassador to Iraq and 

the Commander, Multi-National Forces Iraq will be made 

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

(c) LIMITATIONS ON AVAILABILITY OF FUNDS.— (1) LIMITATION.—No funds appropriated or otherwise made 

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

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

subsection (b)(2)(A) and makes a further certification in the report outlined in subsection (b)(2)(D) that Iraq is making 

progress on each of the benchmarks set forth in subsection 

(b)(1)(A). 

(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 


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

acting in strict accordance with their respective powers given by 

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

directing a redeployment of U.S. forces. 

(e) INDEPENDENT ASSESSMENTS.—

(1) ASSESSMENT BY THE COMPTROLLER GENERAL.—

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

General of the United States shall submit to Congress an 

independent report setting forth—

(i) the status of the achievement of the benchmarks 

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

(ii) the Comptroller General’s assessment of whether 

or not each such benchmark has been met. 

(2) ASSESSMENT OF THE CAPABILITIES OF IRAQI SECURITY

FORCES.—

(A) IN GENERAL.—There is hereby authorized to be appropriated for the Department of Defense, $750,000, that 

the Department, in turn, will commission an independent, 

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

recognized credentials and expertise in military affairs, to 

prepare an independent report assessing the following: 

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

to assume responsibility for maintaining the territorial 

integrity of Iraq, denying international terrorists a 

safe haven, and bringing greater security to Iraq’s 18 

provinces in the next 12 to 18 months, and bringing 

an end to sectarian violence to achieve national reconciliation. 

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

intelligence capabilities, and logistics capacity of the 

ISF. 

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

preparedness to date, following years of training and 

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

troops will contribute to the readiness of the ISF to 

fulfill the missions outlined in clause (i). 

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

provide an unclassified report, with a classified annex, containing its findings, to the House and Senate Committees 

on Armed Services, Appropriations, Foreign Relations/ 

International Relations, and Intelligence. 

CHAPTER 4 

DEPARTMENT OF ENERGY 

ATOMIC ENERGY DEFENSE ACTIVITIES 

NATIONAL NUCLEAR SECURITY ADMINISTRATION

DEFENSE NUCLEAR NONPROLIFERATION

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


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CHAPTER 5 

DEPARTMENT OF DEFENSE 

MILITARY CONSTRUCTION, ARMY

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

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

may be obligated and expended to carry out planning and design 

and military construction projects not otherwise authorized by law: 

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

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

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

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

not be obligated or expended until the Secretary of Defense submits 

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

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

not be obligated or expended until the Secretary of Defense submits 

a detailed stationing plan to support Army end-strength growth to 

the Committees on Appropriations of the House of Representatives 

and the Senate: Provided further, That of the funds provided under 

this heading, $274,800,000 shall not be obligated or expended until 

the Secretary of Defense certifies that none of the funds are to be 

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

MILITARY CONSTRUCTION, NAVY AND MARINE CORPS

For an additional amount for ‘‘Military Construction, Navy and 

Marine Corps’’, $370,990,000, to remain available until September 

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

law, such funds may be obligated and expended to carry out planning and design and military construction projects not otherwise 

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

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

study, planning, design, and architect and engineer services: Provided further, That of the funds made available under this heading, 

$324,270,000 shall not be obligated or expended until the Secretary 

of Defense submits a detailed stationing plan to support Marine 

Corps end-strength growth to the Committees on Appropriations of 

the House of Representatives and the Senate. 

MILITARY CONSTRUCTION, AIR FORCE

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

$43,300,000, to remain available until September 30, 2008: Provided, That notwithstanding any other provision of law, such funds 

may be obligated and expended to carry out planning and design 

and military construction projects not otherwise authorized by law: 

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

not to exceed $3,000,000 shall be available for study, planning, design, and architect and engineer services. 


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GENERAL PROVISION—THIS CHAPTER 

SEC. 1501. (a) Funds provided in this Act for the following accounts shall be made available for programs under the conditions 

contained in the language of the joint explanatory statement of 

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

110th Congress (H. Rept. 110–107): 

‘‘Military Construction, Army’’. 

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

‘‘Military Construction, Air Force’’. 

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

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

CHAPTER 6 

DEPARTMENT OF STATE AND RELATED AGENCY 

DEPARTMENT OF STATE 

ADMINISTRATION OF FOREIGN AFFAIRS

DIPLOMATIC AND CONSULAR PROGRAMS

(INCLUDING TRANSFER OF FUNDS)

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

2008, of which $64,655,000 for World Wide Security Upgrades is 

available until expended: Provided, That of the funds appropriated 

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

available for public diplomacy programs: Provided further, That 

prior to the obligation of funds pursuant to the previous proviso, 

the Secretary of State shall submit a report to the Committees on 

Appropriations describing a comprehensive public diplomacy strategy, with goals and expected results, for fiscal years 2007 and 

2008: Provided further, That 20 percent of the amount available for 

Iraq operations shall not be obligated until the Committees on Appropriations receive and approve a detailed plan for expenditure, 

prepared by the Secretary of State, and submitted within 60 days 

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

the amount made available under this heading for Iraq, not to exceed $20,000,000 may be transferred to, and merged with, funds in 

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

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. 


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EDUCATIONAL AND CULTURAL EXCHANGE PROGRAMS

For an additional amount for ‘‘Educational and Cultural Exchange Programs’’, $20,000,000, to remain available until expended. 

INTERNATIONAL ORGANIZATIONS

CONTRIBUTIONS FOR INTERNATIONAL PEACEKEEPING ACTIVITIES

For an additional amount for ‘‘Contributions for International 

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

September 30, 2008. 

RELATED AGENCY 

BROADCASTING BOARD OF GOVERNORS

INTERNATIONAL BROADCASTING OPERATIONS

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

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

BILATERAL ECONOMIC ASSISTANCE 

FUNDS APPROPRIATED TO THE PRESIDENT

UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT

CHILD SURVIVAL AND HEALTH PROGRAMS FUND

(INCLUDING TRANSFER OF FUNDS)

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

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

law, if the President determines and reports to the Committees on 

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

influenza virus is efficient and sustained, and is spreading internationally, funds made available under the heading ‘‘Millennium 

Challenge Corporation’’ and ‘‘Global HIV/AIDS Initiative’’ in prior 

Acts making appropriations for foreign operations, export financing, and related programs may be transferred to, and merged with, 

funds made available under this heading to combat avian influenza: Provided further, That funds made available pursuant to the 

authority of the previous proviso shall be subject to the regular notification procedures of the Committees on Appropriations. 

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. 


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108 

OTHER BILATERAL ECONOMIC ASSISTANCE

ECONOMIC SUPPORT FUND

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

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

$57,400,000 shall be made available to nongovernmental organizations in Iraq for economic and social development programs and activities in areas of conflict: Provided further, That the responsibility 

for policy decisions and justifications for the use of funds appropriated by the previous proviso shall be the responsibility of the 

United States Chief of Mission in Iraq: Provided further, That none 

of the funds appropriated under this heading in this Act or in prior 

Acts making appropriations for foreign operations, export financing, and related programs may be made available for the Political 

Participation Fund and the National Institutions Fund: Provided 

further, That of the funds made available under the heading ‘‘Economic Support Fund’’ in Public Law 109–234 for Iraq to promote 

democracy, rule of law and reconciliation, $2,000,000 should be 

made available for the United States Institute of Peace for programs and activities in Afghanistan to remain available until September 30, 2008. 

ASSISTANCE FOR EASTERN EUROPE AND THE BALTIC STATES

For an additional amount for ‘‘Assistance for Eastern Europe and 

the Baltic States’’, $214,000,000, to remain available until September 30, 2008, for assistance for Kosovo. 

DEPARTMENT OF STATE

DEMOCRACY FUND

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

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

funds appropriated under this heading, not less than $190,000,000 

shall be made available for the Human Rights and Democracy 

Fund of the Bureau of Democracy, Human Rights, and Labor, Department of State, and not less than $60,000,000 shall be made 

available for the United States Agency for International Development, for democracy, human rights and rule of law programs in 

Iraq: Provided further, That not later than 60 days after enactment 

of this Act, the Secretary of State shall submit a report to the Committees on Appropriations describing a comprehensive, long-term 

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

INTERNATIONAL NARCOTICS CONTROL AND LAW ENFORCEMENT

For an additional amount for ‘‘International Narcotics Control 

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

September 30, 2008. 

MIGRATION AND REFUGEE ASSISTANCE

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


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

Iraqi scholars. 

UNITED STATES EMERGENCY REFUGEE AND MIGRATION ASSISTANCE

FUND

For an additional amount for ‘‘United States Emergency Refugee 

and Migration Assistance Fund’’, $30,000,000, to remain available 

until expended. 

NONPROLIFERATION, ANTI-TERRORISM, DEMINING AND RELATED

PROGRAMS

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

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

until September 30, 2008. 

DEPARTMENT OF THE TREASURY

INTERNATIONAL AFFAIRS TECHNICAL ASSISTANCE

For an additional amount for ‘‘International Affairs Technical Assistance’’, $2,750,000, to remain available until September 30, 

2008. 

MILITARY ASSISTANCE 

FUNDS APPROPRIATED TO THE PRESIDENT

FOREIGN MILITARY FINANCING PROGRAM

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

PEACEKEEPING OPERATIONS

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

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

every 30 days thereafter until September 30, 2008, the Secretary 

of State shall submit a report to the Committees on Appropriations 

detailing the obligation and expenditure of funds made available 

under this heading in this Act and in prior Acts making appropriations for foreign operations, export financing, and related programs. 

GENERAL PROVISION—THIS CHAPTER 

AUTHORIZATION OF FUNDS

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

expended notwithstanding section 10 of Public Law 91–672 (22 

U.S.C. 2412), section 15 of the State Department Basic Authorities 

Act of 1956 (22 U.S.C. 2680), section 313 of the Foreign Relations 

Authorization Act, Fiscal Years 1994 and 1995 (22 U.S.C. 6212), 

and section 504(a)(1) of the National Security Act of 1947 (50 

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


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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. 


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If House amendment 1 has not been agreed to, insert after title 

II of the provisions inserted by this amendment the following: 

TITLE III—GENERAL PROVISIONS 

SEC. 3001. 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. 3002. Amounts in this Act 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. 

If House amendment 1 has not been agreed to, insert before title 

I of the provisions inserted by this amendment the following: 

SECTION 1. SHORT TITLE. 

This Act may be cited as the ‘‘Supplemental Appropriations Act 

for Defense, International Affairs, Other Security-Related Needs, 

and Hurricane Katrina Recovery, 2007’’. 

SEC. 2. TABLE OF CONTENTS. 

The table of contents for this Act is as follows: 

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

TITLE II—HURRICANE KATRINA RECOVERY 

TITLE III—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. 

If House amendment 1 has been agreed to, conform the table of 

contents in section 2 to reflect the titles inserted by the provisions 

of this amendment. 

Amend the title so as to read (if not already so amended by 

House amendment 1): ‘‘An Act making supplemental appropriations for the fiscal year ending September 30, 2007, and for other 

purposes.’’. 

Æ 


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