I 

110TH CONGRESS 

1ST SESSION H. R. 2187 

To make emergency supplemental appropriations for Katrina recovery for 

the fiscal year ending September 30, 2007, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 7, 2007 

Mr. ALEXANDER introduced the following bill; which was referred to the Committee on Appropriations, and in addition to the Committee on the Budget, for a period to be subsequently determined by the Speaker, in each 

case for consideration of such provisions as fall within the jurisdiction of 

the committee concerned 

A BILL 

To make emergency supplemental appropriations for Katrina 

recovery for the fiscal year ending September 30, 2007, 

and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 That the following sums are appropriated, out of any 

4 money in the Treasury not otherwise appropriated, for the 

5 fiscal year ending September 30, 2007, and for other pur6 poses, namely: 


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1 CHAPTER 1 

2 DEPARTMENT OF AGRICULTURE 

3 GENERAL PROVISION—THIS CHAPTER 

4 SEC. 2101. Section 1231(k)(2) of the Food Security 

5 Act of 1985 (16 U.S.C. 3831(k)(2)) is amended by strik6 ing ‘‘During calendar year 2006, the’’ and inserting 

7 ‘‘The’’. 

8 CHAPTER 2 

9 DEPARTMENT OF JUSTICE 

10 OFFICE OF JUSTICE PROGRAMS

11 STATE AND LOCAL LAW ENFORCEMENT ASSISTANCE

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

13 Enforcement Assistance’’, for discretionary grants author14 ized by subpart 2 of part E, of title I of the Omnibus 

15 Crime Control and Safe Streets Act of 1968 as in effect 

16 on September 30, 2006, notwithstanding the provisions of 

17 section 511 of said Act, $50,000,000, to remain available 

18 until expended: Provided, That the amount made available 

19 under this heading shall be for local law enforcement ini20 tiatives in the Gulf Coast region related to the aftermath 

21 of Hurricanes Katrina and Rita: Provided further, That 

22 these funds shall be apportioned among the States in 

23 quotient to their level of violent crime as estimated by the 

24 Federal Bureau of Investigation’s Uniform Crime Report 

25 for the year 2005. 


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1 DEPARTMENT OF COMMERCE 

2 NATIONAL OCEANIC AND ATMOSPHERIC

3 ADMINISTRATION

4 OPERATIONS, RESEARCH, AND FACILITIES

5 For an additional amount for ‘‘Operations, Research, 

6 and Facilities’’, for necessary expenses related to the con7 sequences of Hurricanes Katrina and Rita on the shrimp 

8 and fishing industries, $110,000,000, to remain available 

9 until September 30, 2008. 

10 NATIONAL AERONAUTICS AND SPACE 

11 ADMINISTRATION 

12 EXPLORATION CAPABILITIES

13 For an additional amount for ‘‘Exploration Capabili14 ties’’ for necessary expenses related to the consequences 

15 of Hurricane Katrina, $35,000,000, to remain available 

16 until September 30, 2009. 

17 GENERAL PROVISION—THIS CHAPTER 

18 SEC. 2201. Up to $48,000,000 of amounts made 

19 available to the National Aeronautics and Space Adminis20 tration in Public Law 109–148 and Public Law 109–234 

21 for emergency hurricane and other natural disaster-re22 lated expenses may be used to reimburse hurricane-related 

23 costs incurred by NASA in fiscal year 2005. 


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1 CHAPTER 3 

2 DEPARTMENT OF DEFENSE—CIVIL 

3 DEPARTMENT OF THE ARMY 

4 CORPS OF ENGINEERS—CIVIL

5 CONSTRUCTION

6 For an additional amount for ‘‘Construction’’ for nec7 essary expenses related to the consequences of Hurricane 

8 Katrina and other hurricanes of the 2005 season, 

9 $25,300,000, to remain available until expended, which 

10 may be used to continue construction of projects related 

11 to interior drainage for the greater New Orleans metro12 politan area. 

13 FLOOD CONTROL AND COASTAL EMERGENCIES

14 For an additional amount for ‘‘Flood Control and 

15 Coastal Emergencies’’, as authorized by section 5 of the 

16 Act of August 18, 1941 (33 U.S.C. 701n), for necessary 

17 expenses relating to the consequences of Hurricanes 

18 Katrina and Rita and for other purposes, $1,407,700,000, 

19 to remain available until expended: Provided, That 

20 $1,300,000,000 of the amount provided may be used by 

21 the Secretary of the Army to carry out projects and meas22 ures for the West Bank and Vicinity and Lake 

23 Ponchartrain and Vicinity, Louisiana, projects, as de24 scribed under the heading ‘‘Flood Control and Coastal 

25 Emergencies’’, in chapter 3 of Public Law 109–148: Pro26 vided further, That $107,700,000 of the amount provided 


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1 may be used to implement the projects for hurricane storm 

2 damage reduction, flood damage reduction, and ecosystem 

3 restoration within Hancock, Harrison, and Jackson Coun4 ties, Mississippi substantially in accordance with the Re5 port of the Chief of Engineers dated December 31, 2006, 

6 and entitled ‘‘Mississippi, Coastal Improvements Program 

7 Interim Report, Hancock, Harrison, and Jackson Coun8 ties, Mississippi’’: Provided further, That projects author9 ized for implementation under this Chief’s report shall be 

10 carried out at full Federal expense, except that the non11 Federal interests shall be responsible for providing for all 

12 costs associated with operation and maintenance of the 

13 project: Provided further, That any project using funds ap14 propriated under this heading shall be initiated only after 

15 non-Federal interests have entered into binding agree16 ments with the Secretary requiring the non-Federal inter17 ests to pay 100 percent of the operation, maintenance, re18 pair, replacement, and rehabilitation costs of the project 

19 and to hold and save the United States free from damages 

20 due to the construction or operation and maintenance of 

21 the project, except for damages due to the fault or neg22 ligence of the United States or its contractors: Provided 

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

24 Assistant Secretary of the Army for Civil Works, shall pro25 vide a monthly report to the House and Senate CommitVerDate Aug 31 2005 04:13 May 08, 2007 Jkt 059200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H2187.IH H2187

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1 tees on Appropriations detailing the allocation and obliga2 tion of these funds, beginning not later than 60 days after 

3 enactment of this Act. 

4 GENERAL PROVISIONS—THIS CHAPTER 

5 SEC. 2301. The Secretary is authorized and directed 

6 to determine the value of eligible reimbursable expenses 

7 incurred by local governments in storm-proofing pumping 

8 stations, constructing safe houses for operators, and other 

9 interim flood control measures in and around the New Or10 leans metropolitan area that the Secretary determines to 

11 be integral to the overall plan to ensure operability of the 

12 stations during hurricanes, storms and high water events 

13 and the flood control plan for the area. 

14 SEC. 2302. (a) The Secretary of the Army is author15 ized and directed to utilize funds remaining available for 

16 obligation from the amounts appropriated in chapter 3 of 

17 Public Law 109–234 under the heading ‘‘Flood Control 

18 and Coastal Emergencies’’ for projects in the greater New 

19 Orleans metropolitan area to prosecute these projects in 

20 a manner which promotes the goal of continuing work at 

21 an optimal pace, while maximizing, to the greatest extent 

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

23 damage to people and property. 

24 (b) The expenditure of funds as provided in sub25 section (a) may be made without regard to individual 


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1 amounts or purposes specified in chapter 3 of Public Law 

2 109–234. 

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

4 accomplish the goal established in subsection (a) are au5 thorized, subject to the approval of the House and Senate 

6 Committees on Appropriation. 

7 SEC. 2303. The Chief of Engineers shall investigate 

8 the overall technical advantages, disadvantages and oper9 ational effectiveness of operating the new pumping sta10 tions at the mouths of the 17th Street, Orleans Avenue 

11 and London Avenue canals in the New Orleans area di12 rected for construction in Public Law 109–234 concur13 rently or in series with existing pumping stations serving 

14 these canals and the advantages, disadvantages and tech15 nical operational effectiveness of removing the existing 

16 pumping stations and configuring the new pumping sta17 tions and associated canals to handle all needed dis18 charges; and the advantages, disadvantages and technical 

19 operational effectiveness of replacing or improving the 

20 floodwalls and levees adjacent to the three outfall canals: 

21 Provided, That the analysis should be conducted at Fed22 eral expense: Provided further, That the analysis shall be 

23 completed and furnished to the Congress not later than 

24 three months after enactment of this Act. 


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1 SEC. 2304. Using funds made available in Chapter 

2 3 under title II of Public Law 109–234, under the heading 

3 ‘‘Investigations’’, the Secretary of the Army, in consulta4 tion with other agencies and the State of Louisiana shall 

5 accelerate completion as practicable the final report of the 

6 Chief of Engineers recommending a comprehensive plan 

7 to deauthorize deep draft navigation on the Mississippi 

8 River Gulf Outlet: Provided, That the plan shall incor9 porate and build upon the Interim Mississippi River Gulf 

10 Outlet Deep-Draft De-Authorization Report submitted to 

11 Congress in December 2006 pursuant to Public Law 109– 

12 234. 

13 CHAPTER 4 

14 SMALL BUSINESS ADMINISTRATION 

15 DISASTER LOANS PROGRAM ACCOUNT

16 (INCLUDING TRANSFER OF FUNDS)

17 Of the unobligated balances under the heading 

18 ‘‘Small Business Administration, Disaster Loans Program 

19 Account’’, $25,069,000, to remain available until ex20 pended, shall be used for administrative expenses to carry 

21 out the disaster loan program, which may be transferred 

22 to and merged with ‘‘Small Business Administration, Sal23 aries and Expenses’’. 

24 Of the unobligated balances under the heading 

25 ‘‘Small Business Administration, Disaster Loans Program 


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1 Account’’, $25,000,000 shall be used for loans under sec2 tion 7(b)(2) of the Small Business Act for businesses lo3 cated in an area for which the President declared a major 

4 disaster because of the hurricanes in the Gulf of Mexico 

5 in calendar year 2005, of which not to exceed $8,750,000 

6 is for direct administrative expenses and may be trans7 ferred to and merged with ‘‘Small Business Administra8 tion, Salaries and Expenses’’ to carry out the disaster loan 

9 program of the Small Business Administration. 

10 CHAPTER 5 

11 DEPARTMENT OF HOMELAND SECURITY 

12 FEDERAL EMERGENCY MANAGEMENT AGENCY

13 DISASTER RELIEF

14 (INCLUDING TRANSFER OF FUNDS)

15 For an additional amount for ‘‘Disaster Relief’’, 

16 $4,610,000,000, to remain available until expended: Pro17 vided, That $4,000,000 shall be transferred to ‘‘Office of 

18 Inspector General’’. 

19 GENERAL PROVISIONS—THIS CHAPTER 

20 SEC. 2501. (a) IN GENERAL.—Notwithstanding any 

21 other provision of law, including any agreement, the Fed22 eral share of assistance, including direct Federal assist23 ance, provided for the States of Louisiana, Mississippi, 

24 Florida, Alabama, and Texas in connection with Hurri25 canes Katrina, Wilma, Dennis, and Rita under sections 

26 403, 406, 407, and 408 of the Robert T. Stafford Disaster 


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1 Relief and Emergency Assistance Act (42 U.S.C. 5170b, 

2 5172, 5173, and 5174) shall be 100 percent of the eligible 

3 costs under such sections. 

4 (b) APPLICABILITY.—The Federal share provided by 

5 subsection (a) shall apply to disaster assistance applied 

6 for before the date of enactment of this Act. 

7 SEC. 2502. (a) COMMUNITY DISASTER LOAN ACT.— 

8 (1) IN GENERAL.—Section 2(a) of the Commu9 nity Disaster Loan Act of 2005 (Public Law 109– 

10 88) is amended by striking ‘‘Provided further, That 

11 notwithstanding section 417(c)(1) of the Stafford 

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

13 (2) EFFECTIVE DATE.—The amendment made 

14 by paragraph (1) shall be effective on the date of en15 actment of the Community Disaster Loan Act of 

16 2005 (Public Law 109–88). 

17 (b) EMERGENCY SUPPLEMENTAL APPROPRIATIONS

18 ACT.— 

19 (1) IN GENERAL.—Chapter 4 of title II of the 

20 Emergency Supplemental Appropriations Act for 

21 Defense, the Global War on Terror, and Hurricane 

22 Recovery, 2006 (Public Law 109–234) is amended 

23 under Federal Emergency Management Agency, 

24 ‘‘Disaster Assistance Direct Loan Program Ac25 count’’ by striking ‘‘Provided further, That notwithVerDate Aug 31 2005 04:13 May 08, 2007 Jkt 059200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H2187.IH H2187

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1 standing section 417(c)(1) of such Act, such loans 

2 may not be canceled:’’. 

3 (2) EFFECTIVE DATE.—The amendment made 

4 by paragraph (1) shall be effective on the date of en5 actment of the Emergency Supplemental Appropria6 tions Act for Defense, the Global War on Terror, 

7 and Hurricane Recovery, 2006 (Public Law 109– 

8 234). 

9 SEC. 2503. (a) IN GENERAL.—Section 2401 of the 

10 Emergency Supplemental Appropriations Act for Defense, 

11 the Global War on Terror, and Hurricane Recovery, 2006 

12 (Public Law 109–234) is amended by striking ‘‘12 

13 months’’ and inserting ‘‘24 months’’. 

14 (b) EFFECTIVE DATE.—The amendment made by 

15 this section shall be effective on the date of enactment of 

16 the Emergency Supplemental Appropriations Act for De17 fense, the Global War on Terror, and Hurricane Recovery, 

18 2006 (Public Law 109–234). 

19 CHAPTER 6 

20 DEPARTMENT OF THE INTERIOR 

21 NATIONAL PARK SERVICE

22 HISTORIC PRESERVATION FUND

23 For an additional amount for the ‘‘Historic Preserva24 tion Fund’’ for necessary expenses related to the con25 sequences of Hurricane Katrina and other hurricanes of 


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1 the 2005 season, $10,000,000, to remain available until 

2 September 30, 2008: Provided, That the funds provided 

3 under this heading shall be provided to the State Historic 

4 Preservation Officer, after consultation with the National 

5 Park Service, for grants for disaster relief in areas of Lou6 isiana impacted by Hurricanes Katrina or Rita: Provided 

7 further, That grants shall be for the preservation, sta8 bilization, rehabilitation, and repair of historic properties 

9 listed in or eligible for the National Register of Historic 

10 Places, for planning and technical assistance: Provided 

11 further, That grants shall only be available for areas that 

12 the President determines to be a major disaster under sec13 tion 102(2) of the Robert T. Stafford Disaster Relief and 

14 Emergency Assistance Act (42 U.S.C. 5122(2)) due to 

15 Hurricanes Katrina or Rita: Provided further, That indi16 vidual grants shall not be subject to a non-Federal match17 ing requirement: Provided further, That no more than 5 

18 percent of funds provided under this heading for disaster 

19 relief grants may be used for administrative expenses. 

20 GENERAL PROVISION—THIS CHAPTER 

21 (INCLUDING TRANSFER OF FUNDS)

22 SEC. 2601. Of the disaster relief funds from Public 

23 Law 109–234, 120 Stat. 418, 461, (June 30, 2006), chap24 ter 5, ‘‘National Park Service—Historic Preservation 

25 Fund’’, for necessary expenses related to the consequences 


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1 of Hurricane Katrina and other hurricanes of the 2005 

2 season that were allocated to the State of Mississippi by 

3 the National Park Service, $500,000 is hereby transferred 

4 to the ‘‘National Park Service—National Recreation and 

5 Preservation’’ appropriation: Provided, That these funds 

6 may be used to reconstruct destroyed properties that at 

7 the time of destruction were listed in the National Register 

8 of Historic Places and are otherwise qualified to receive 

9 these funds: Provided further, That the State Historic 

10 Preservation Officer certifies that, for the community 

11 where that destroyed property was located, the property 

12 is iconic to or essential to illustrating that community’s 

13 historic identity, that no other property in that community 

14 with the same associative historic value has survived, and 

15 that sufficient historical documentation exists to ensure 

16 an accurate reproduction. 

17 CHAPTER 7 

18 DEPARTMENT OF EDUCATION 

19 HIGHER EDUCATION

20 For an additional amount under part B of title VII 

21 of the Higher Education Act of 1965 (‘‘HEA’’) for institu22 tions of higher education (as defined in section 101 or sec23 tion 102(c) of that Act) that are located in an area in 

24 which a major disaster was declared in accordance with 

25 section 401 of the Robert T. Stafford Disaster Relief and 


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1 Emergency Assistance Act related to Hurricanes Katrina 

2 or Rita, $30,000,000: Provided, That such funds shall be 

3 available to the Secretary of Education only for payments 

4 to help defray the expenses (which may include lost rev5 enue, reimbursement for expenses already incurred, and 

6 construction) incurred by such institutions of higher edu7 cation that were forced to close, relocate or significantly 

8 curtail their activities as a result of damage directly 

9 caused by such hurricanes and for payments to enable 

10 such institutions to provide grants to students who attend 

11 such institutions for academic years beginning on or after 

12 July 1, 2006: Provided further, That such payments shall 

13 be made in accordance with criteria established by the Sec14 retary and made publicly available without regard to sec15 tion 437 of the General Education Provisions Act, section 

16 553 of title 5, United States Code, or part B of title VII 

17 of the HEA. 

18 HURRICANE EDUCATION RECOVERY

19 For carrying out activities authorized by subpart 1 

20 of part D of title V of the Elementary and Secondary Edu21 cation Act of 1965, $30,000,000, to remain available until 

22 expended, for use by the States of Louisiana, Mississippi, 

23 and Alabama primarily for recruiting, retaining, and com24 pensating new and current teachers, school principals, as25 sistant principals, principal resident directors, assistant 


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1 directors, and other educators, who commit to work for 

2 at least three years in school-based positions in public ele3 mentary and secondary schools located in an area with re4 spect to which a major disaster was declared under section 

5 401 of the Robert T. Stafford Disaster Relief and Emer6 gency Assistance Act (42 U.S.C. 5170) by reason of Hur7 ricane Katrina or Hurricane Rita, including through such 

8 mechanisms as paying salary premiums, performance bo9 nuses, housing subsidies, signing bonuses, and relocation 

10 costs and providing loan forgiveness, with priority given 

11 to teachers and school-based school principals, assistant 

12 principals, principal resident directors, assistant directors, 

13 and other educators who previously worked or lived in one 

14 of the affected areas, are currently employed (or become 

15 employed) in such a school in any of the affected areas 

16 after those disasters, and commit to continue that employ17 ment for at least 3 years, Provided, That funds available 

18 under this heading to such States may also be used for 

19 1 or more of the following activities: (1) to build the capac20 ity, knowledge, and skill of teachers and school-based 

21 school principals, assistant principals, principal resident 

22 directors, assistant directors, and other educators in such 

23 public elementary and secondary schools to provide an ef24 fective education, including the design, adaptation, and 

25 implementation of high-quality formative assessments; (2) 


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1 the establishment of partnerships with nonprofit entities 

2 with a demonstrated track record in recruiting and retain3 ing outstanding teachers and other school-based school 

4 principals, assistant principals, principal resident direc5 tors, and assistant directors; and (3) paid release time for 

6 teachers and principals to identify and replicate successful 

7 practices from the fastest-improving and highest-per8 forming schools: Provided further, That the Secretary of 

9 Education shall allocate amounts available under this 

10 heading among such States that submit applications; that 

11 such allocation shall be based on the number of public ele12 mentary and secondary schools in each State that were 

13 closed for 19 days or more during the period beginning 

14 on August 29, 2005, and ending on December 31, 2005, 

15 due to Hurricane Katrina or Hurricane Rita; and that 

16 such States shall in turn allocate funds to local edu17 cational agencies, with priority given first to such agencies 

18 with the highest percentages of public elementary and sec19 ondary schools that are closed as a result of such hurri20 canes as of the date of enactment of this Act and then 

21 to such agencies with the highest percentages of public 

22 elementary and secondary schools with a student-teacher 

23 ratio of at least 25 to 1, and with any remaining amounts 

24 to be distributed to such agencies with demonstrated need, 

25 as determined by the State Superintendent of Education: 


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1 Provided further, That, in the case of any State that choos2 es to use amounts available under this heading for per3 formance bonuses, not later than 60 days after the date 

4 of enactment of this Act, and in collaboration with local 

5 educational agencies, teachers’ unions, local principals’ or6 ganizations, local parents’ organizations, local business or7 ganizations, and local charter schools organizations, the 

8 State educational agency shall develop a plan for a rating 

9 system for performance bonuses, and if no agreement has 

10 been reached that is satisfactory to all consulting entities 

11 by such deadline, the State educational agency shall imme12 diately send a letter notifying Congress and shall, not later 

13 than 30 days after such notification, establish and imple14 ment a rating system that shall be based on classroom 

15 observation and feedback more than once annually, con16 ducted by multiple sources (including, but not limited to, 

17 principals and master teachers), and evaluated against re18 search-based rubrics that use planning, instructional, and 

19 learning environment standards to measure teacher per20 formance, except that the requirements of this proviso 

21 shall not apply to a State that has enacted a State law 

22 in 2006 authorizing performance pay for teachers. 

23 PROGRAMS TO RESTART SCHOOL OPERATIONS

24 Funds made available under section 102 of the Hur25 ricane Education Recovery Act (title IV of division B of 

26 Public Law 109–148) may be used by the States of LouVerDate Aug 31 2005 04:13 May 08, 2007 Jkt 059200 PO 00000 Frm 00017 Fmt 6652 Sfmt 6201 E:\BILLS\H2187.IH H2187

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1 isiana, Mississippi, Alabama, and Texas, in addition to the 

2 uses of funds described in section 102(e), for the following 

3 costs: (1) recruiting, retaining, and compensating new and 

4 current teachers, school principals, assistant principals, 

5 principal resident directors, assistant directors, and other 

6 educators for school-based positions in public elementary 

7 and secondary schools impacted by Hurricane Katrina or 

8 Hurricane Rita, including through such mechanisms as 

9 paying salary premiums, performance bonuses, housing 

10 subsidies, signing bonuses, and relocation costs and pro11 viding loan forgiveness; (2) activities to build the capacity, 

12 knowledge, and skills of teachers and school-based school 

13 principals, assistant principals, principal resident direc14 tors, assistant directors, and other educators in such pub15 lic elementary and secondary schools to provide an effec16 tive education, including the design, adaptation, and im17 plementation of high-quality formative assessments; (3) 

18 the establishment of partnerships with nonprofit entities 

19 with a demonstrated track record in recruiting and retain20 ing outstanding teachers and school-based school prin21 cipals, assistant principals, principal resident directors, 

22 and assistant directors; and (4) paid release time for 

23 teachers and principals to identify and replicate successful 

24 practices from the fastest-improving and highest-per25 forming schools. 


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1 GENERAL PROVISIONS—THIS CHAPTER 

2 SEC. 2701. Section 105(b) of title IV of division B 

3 of Public Law 109–148 is amended by adding at the end 

4 the following new sentence: ‘‘With respect to the program 

5 authorized by section 102 of this Act, the waiver authority 

6 in subsection (a) of this section shall be available until 

7 the end of fiscal year 2008.’’. 

8 SEC. 2702. Notwithstanding section 2002(c) of the 

9 Social Security Act (42 U.S.C. 1397a(c)), funds made 

10 available under the heading ‘‘Social Services Block Grant’’ 

11 in division B of Public Law 109–148 shall be available 

12 for expenditure by the States through the end of fiscal 

13 year 2009. 

14 SEC. 2703. (a) In the event that Louisiana, Mis15 sissippi, Alabama, or Texas fails to meet its match re16 quirement with funds appropriated in fiscal years 2006 

17 or 2007, for fiscal years 2008 and 2009, the Secretary 

18 of Health and Human Services may waive the application 

19 of section 2617(d)(4) of the Public Health Service Act for 

20 Louisiana, Mississippi, Alabama, and Texas. 

21 (b) The Secretary may not exercise the waiver au22 thority available under subsection (a) to allow a grantee 

23 to provide less than a 25 percent matching grant. 

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

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1 politan area in Louisiana, Mississippi, Alabama, and 

2 Texas shall comply with each of the applicable require3 ments under title XXVI of the Public Health Service Act 

4 (42 U.S.C. 300ff–11 et seq.). 

5 CHAPTER 8 

6 DEPARTMENT OF TRANSPORTATION 

7 FEDERAL HIGHWAY ADMINISTRATION

8 FEDERAL-AID HIGHWAYS

9 EMERGENCY RELIEF PROGRAM

10 (INCLUDING RESCISSION OF FUNDS)

11 For an additional amount for the Emergency Relief 

12 Program as authorized under section 125 of title 23, 

13 United States Code, $682,942,000, to remain available 

14 until expended: Provided, That section 125(d)(1) of title 

15 23, United States Code, shall not apply to emergency re16 lief projects that respond to damage caused by the 2005– 

17 2006 winter storms in the State of California: Provided 

18 further, That of the unobligated balances of funds appor19 tioned to each State under chapter 1 of title 23, United 

20 States Code, $682,942,000 are rescinded: Provided fur21 ther, That such rescission shall not apply to the funds dis22 tributed in accordance with sections 130(f) and 104(b)(5) 

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

24 163 of such title, as in effect on the day before the date 

25 of enactment of Public Law 109–59; and the first sentence 

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


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1 FEDERAL TRANSIT ADMINISTRATION

2 FORMULA GRANTS

3 For an additional amount to be allocated by the Sec4 retary to recipients of assistance under chapter 53 of title 

5 49, United States Code, directly affected by Hurricanes 

6 Katrina and Rita, $35,000,000, for the operating and cap7 ital costs of transit services, to remain available until ex8 pended: Provided, That the Federal share for any project 

9 funded from this amount shall be 100 percent. 

10 DEPARTMENT OF HOUSING AND URBAN 

11 DEVELOPMENT 

12 OFFICE OF INSPECTOR GENERAL

13 For an additional amount for the Office of Inspector 

14 General, for the necessary costs related to the con15 sequences of Hurricanes Katrina and Rita, $7,000,000, 

16 to remain available until expended. 

17 GENERAL PROVISIONS—THIS CHAPTER 

18 SEC. 2801. The third proviso under the heading ‘‘De19 partment of Housing and Urban Development—Public 

20 and Indian Housing—Tenant-Based Rental Assistance’’ 

21 in chapter 9 of title I of division B of Public Law 109– 

22 148 (119 Stat. 2779) is amended by striking ‘‘for up to 

23 18 months’’ and inserting ‘‘until December 31, 2007’’. 

24 SEC. 2802. Section 21033 of the Continuing Appro25 priations Resolution, 2007 (division B of Public Law 109– 


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1 289, as amended by Public Law 110–5) is amended by 

2 adding after the third proviso: ‘‘: Provided further, That 

3 notwithstanding the previous proviso, except for applying 

4 the 2007 Annual Adjustment Factor and making any 

5 other specified adjustments, public housing agencies speci6 fied in category 1 below shall receive funding for calendar 

7 year 2007 based on the higher of the amounts the agencies 

8 would receive under the previous proviso or the amounts 

9 the agencies received in calendar year 2006, and public 

10 housing agencies specified in categories 2 and 3 below 

11 shall receive funding for calendar year 2007 equal to the 

12 amounts the agencies received in calendar year 2006, ex13 cept that public housing agencies specified in categories 

14 1 and 2 below shall receive funding under this proviso only 

15 if, and to the extent that, any such public housing agency 

16 submits a plan, approved by the Secretary, that dem17 onstrates that the agency can effectively use within 12 

18 months the funding that the agency would receive under 

19 this proviso that is in addition to the funding that the 

20 agency would receive under the previous proviso: (1) public 

21 housing agencies that are eligible for assistance under sec22 tion 901 in Public Law 109–148 (119 Stat. 2781) or are 

23 located in the same counties as those eligible under section 

24 901 and operate voucher programs under section 8(o) of 

25 the U.S. Housing Act of 1937 but do not operate public 


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1 housing under section 9 of such Act, and any public hous2 ing agency that otherwise qualifies under this category 

3 must demonstrate that they have experienced a loss of 

4 rental housing stock as a result of the 2005 hurricanes; 

5 (2) public housing agencies that would receive less funding 

6 under the previous proviso than they would receive under 

7 this proviso and that have been placed in receivership or 

8 the Secretary has declared to be in breach of an Annual 

9 Contributions Contract by June 1, 2007; and (3) public 

10 housing agencies that spent more in calendar year 2006 

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

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

13 amount of any such public housing agency’s available 

14 housing assistance payments undesignated funds balance 

15 from calendar year 2005 and the amount of any such pub16 lic housing agency’s available administrative fees undesig17 nated funds balance through calendar year 2006’’. 

18 SEC. 2803. Section 901 of Public Law 109–148 is 

19 amended by deleting ‘‘calendar year 2006’’ and inserting 

20 ‘‘calendar years 2006 and 2007’’. 


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24 

•HR 2187 IH 

1 CHAPTER 9 

2 GENERAL PROVISIONS—THIS ACT 

3 AVAILABILITY OF FUNDS

4 SEC. 2901. No part of any appropriation contained 

5 in this Act shall remain available for obligation beyond 

6 the current fiscal year unless expressly so provided herein. 

7 EMERGENCY DESIGNATION

8 SEC. 2902. Amounts in this Act are designated as 

9 emergency requirements pursuant to section 402 of H. 

10 Con. Res. 95 (109th Congress), and pursuant to section 

11 501 of H. Con. Res. 376 (109th Congress) as made appli12 cable to the House of Representatives by section 511(a)(4) 

13 of H. Res. 6 (110th Congress). 

14 This Act may be cited as the ‘‘Katrina Recovery Sup15 plemental Appropriations Act, 2007’’. 

Æ 


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