II 

Calendar No. 146 

110TH CONGRESS 

1ST SESSION H. R. 2206 

IN THE SENATE OF THE UNITED STATES 

MAY 14, 2007 

Received; read twice and ordered to be placed on the calendar 

AN ACT 

Making emergency supplemental appropriations and additional supplemental appropriations for agricultural and 

other emergency assistance for the fiscal year ending 

September 30, 2007, and for other purposes. 

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


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1 DIVISION A—U.S. TROOP READI2 NESS, VETERANS’ CARE, 

3 KATRINA RECOVERY, AND 

4 IRAQ ACCOUNTABILITY AP5 PROPRIATIONS ACT, 2007 

6 SECTION 1. SHORT TITLE. 

7 This division may be cited as the ‘‘U.S. Troop Readi8 ness, Veterans’ Care, Katrina Recovery, and Iraq Ac9 countability Appropriations Act, 2007’’. 

10 SEC. 2. TABLE OF CONTENTS. 

11 The table of contents for this Act is as follows: 

DIVISION A—U.S. TROOP READINESS, VETERANS’ CARE, KATRINA 

RECOVERY, AND IRAQ ACCOUNTABILITY APPROPRIATIONS ACT, 

2007 

TITLE I—FUNDING FOR MILITARY OPERATIONS IN IRAQ AND AFGHANISTAN 

TITLE II—OTHER INTERNATIONAL AND SECURITY-RELATED 

FUNDING 

TITLE III—ADDITIONAL HURRICANE DISASTER RELIEF AND RECOVERY 

TITLE IV—OTHER EMERGENCY APPROPRIATIONS 

TITLE V—OTHER MATTERS 

TITLE VI—ELIMINATION OF SCHIP SHORTFALL AND OTHER 

HEALTH MATTERS 

TITLE VII—FAIR MINIMUM WAGE AND TAX RELIEF 

DIVISION B—AGRICULTURAL DISASTER ASSISTANCE AND WESTERN STATES EMERGENCY UNFINISHED BUSINESS APPROPRIATIONS ACT, 2007 

TITLE I—AGRICULTURAL ASSISTANCE 

TITLE II—EMERGENCY APPROPRIATIONS FOR WESTERN STATES 

12 SEC. 3. STATEMENT OF APPROPRIATIONS. 

13 The following sums in this division are appropriated, 

14 out of any money in the Treasury not otherwise appro15 priated, for the fiscal year ending September 30, 2007. 


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1 TITLE I—FUNDING FOR MILI2 TARY OPERATIONS IN IRAQ 

3 AND AFGHANISTAN 

4 CHAPTER 1—IMMEDIATE FUNDING NEEDS 

5 DEPARTMENT OF DEFENSE—MILITARY 

6 MILITARY PERSONNEL 

7 MILITARY PERSONNEL, ARMY

8 For an additional amount for ‘‘Military Personnel, 

9 Army’’, $4,528,215,000. 

10 MILITARY PERSONNEL, NAVY

11 For an additional amount for ‘‘Military Personnel, 

12 Navy’’, $754,347,000. 

13 MILITARY PERSONNEL, MARINE CORPS

14 For an additional amount for ‘‘Military Personnel, 

15 Marine Corps’’, $802,391,000. 

16 MILITARY PERSONNEL, AIR FORCE

17 For an additional amount for ‘‘Military Personnel, 

18 Air Force’’, $689,944,000. 

19 RESERVE PERSONNEL, ARMY

20 For an additional amount for ‘‘Reserve Personnel, 

21 Army’’, $73,622,000. 

22 RESERVE PERSONNEL, NAVY

23 For an additional amount for ‘‘Reserve Personnel, 

24 Navy’’, $44,623,000. 


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1 RESERVE PERSONNEL, MARINE CORPS

2 For an additional amount for ‘‘Reserve Personnel, 

3 Marine Corps’’, $5,660,000. 

4 RESERVE PERSONNEL, AIR FORCE

5 For an additional amount for ‘‘Reserve Personnel, 

6 Air Force’’, $7,573,000. 

7 NATIONAL GUARD PERSONNEL, ARMY

8 For an additional amount for ‘‘National Guard Per9 sonnel, Army’’, $314,091,000. 

10 NATIONAL GUARD PERSONNEL, AIR FORCE

11 For an additional amount for ‘‘National Guard Per12 sonnel, Air Force’’, $19,533,000. 

13 OPERATION AND MAINTENANCE 

14 OPERATION AND MAINTENANCE, ARMY

15 For an additional amount for ‘‘Operation and Main16 tenance, Army’’, $15,400,000,000. 

17 OPERATION AND MAINTENANCE, NAVY

18 For an additional amount for ‘‘Operation and Main19 tenance, Navy’’, $2,338,335,000. 

20 OPERATION AND MAINTENANCE, MARINE CORPS

21 For an additional amount for ‘‘Operation and Main22 tenance, Marine Corps’’, $573,297,000. 

23 OPERATION AND MAINTENANCE, AIR FORCE

24 For an additional amount for ‘‘Operation and Main25 tenance, Air Force’’, $3,325,441,000. 


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1 OPERATION AND MAINTENANCE, DEFENSE-WIDE

2 For an additional amount for ‘‘Operation and Main3 tenance, Defense-Wide’’, $1,357,244,000. 

4 OPERATION AND MAINTENANCE, ARMY RESERVE

5 For an additional amount for ‘‘Operation and Main6 tenance, Army Reserve’’, $37,025,000. 

7 OPERATION AND MAINTENANCE, NAVY RESERVE

8 For an additional amount for ‘‘Operation and Main9 tenance, Navy Reserve’’, $55,533,000. 

10 OPERATION AND MAINTENANCE, MARINE CORPS

11 RESERVE

12 For an additional amount for ‘‘Operation and Main13 tenance, Marine Corps Reserve’’, $6,796,000. 

14 OPERATION AND MAINTENANCE, AIR FORCE RESERVE

15 For an additional amount for ‘‘Operation and Main16 tenance, Air Force Reserve’’, $5,080,000. 

17 OPERATION AND MAINTENANCE, ARMY NATIONAL

18 GUARD

19 For an additional amount for ‘‘Operation and Main20 tenance, Army National Guard’’, $41,785,000. 

21 OPERATION AND MAINTENANCE, AIR NATIONAL GUARD

22 For an additional amount for ‘‘Operation and Main23 tenance, Air National Guard’’, $19,215,000. 


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1 AFGHANISTAN SECURITY FORCES FUND

2 For an additional amount for ‘‘Afghanistan Security 

3 Forces Fund’’, $2,953,200,000. 

4 IRAQ SECURITY FORCES FUND

5 For an additional amount for ‘‘Iraq Security Forces 

6 Fund’’, $1,921,150,000. 

7 JOINT IMPROVISED EXPLOSIVE DEVICE DEFEAT FUND

8 For an additional amount for ‘‘Joint Improvised Ex9 plosive Device Defeat Fund’’, $1,216,400,000, to remain 

10 available until September 30, 2008. 

11 PROCUREMENT 

12 OTHER PROCUREMENT, ARMY

13 For an additional amount for ‘‘Other Procurement, 

14 Army’’, $1,217,000,000, to remain available until Sep15 tember 30, 2009: Provided, That the amount provided 

16 under this heading shall be available only for the purchase 

17 of mine resistant ambush protected vehicles. 

18 OTHER PROCUREMENT, NAVY

19 For an additional amount for ‘‘Other Procurement, 

20 Navy’’, $130,040,000, to remain available until September 

21 30, 2009: Provided, That the amount provided under this 

22 heading shall be available only for the purchase of mine 

23 resistant ambush protected vehicles. 


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1 PROCUREMENT, MARINE CORPS

2 For an additional amount for ‘‘Procurement, Marine 

3 Corps’’, $1,263,360,000, to remain available until Sep4 tember 30, 2009: Provided, That the amount provided 

5 under this heading shall be available only for the purchase 

6 of mine resistant ambush protected vehicles. 

7 OTHER PROCUREMENT, AIR FORCE

8 For an additional amount for ‘‘Other Procurement, 

9 Air Force’’, $139,040,000, to remain available until Sep10 tember 30, 2009: Provided, That the amount provided 

11 under this heading shall be available only for the purchase 

12 of mine resistant ambush protected vehicles. 

13 PROCUREMENT, DEFENSE-WIDE

14 For an additional amount for ‘‘Procurement, De15 fense-Wide’’, $258,860,000, to remain available until Sep16 tember 30, 2009: Provided, That the amount provided 

17 under this heading shall be available only for the purchase 

18 of mine resistant ambush protected vehicles. 

19 OTHER DEPARTMENT OF DEFENSE PROGRAMS 

20 DEFENSE HEALTH PROGRAM

21 (INCLUDING TRANSFER OF FUNDS) 

22 For an additional amount for ‘‘Defense Health Pro23 gram’’, $3,251,853,000; of which $2,802,153,000 shall be 

24 for operation and maintenance, including $600,000,000 

25 which shall be available for the treatment of traumatic 


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1 brain injury and post-traumatic stress disorder and re2 main available until September 30, 2008; of which 

3 $118,000,000 shall be for procurement, to remain avail4 able until September 30, 2009; and of which 

5 $331,700,000 shall be for research, development, test and 

6 evaluation, to remain available until September 30, 2008: 

7 Provided, That the funds provided under this heading 

8 shall be allocated in accordance with the direction given 

9 in the joint explanatory statement accompanying the con10 ference report on H.R. 1591 of the 110th Congress (H. 

11 Rept. 110–107): Provided further, That if the Secretary 

12 of Defense determines that funds made available in this 

13 paragraph for the treatment of traumatic brain injury and 

14 post-traumatic stress disorder are in excess of the require15 ments of the Department of Defense, the Secretary may 

16 transfer amounts in excess of that requirement to the De17 partment of Veterans Affairs to be available only for the 

18 same purpose. 

19 CHAPTER 2—ADDITIONAL FUNDING 

20 DEPARTMENT OF DEFENSE—MILITARY 

21 MILITARY PERSONNEL 

22 MILITARY PERSONNEL, ARMY

23 For an additional amount for ‘‘Military Personnel, 

24 Army’’, $4,325,135,000. 


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1 MILITARY PERSONNEL, NAVY

2 For an additional amount for ‘‘Military Personnel, 

3 Navy’’, $346,063,000. 

4 MILITARY PERSONNEL, MARINE CORPS

5 For an additional amount for ‘‘Military Personnel, 

6 Marine Corps’’, $693,436,000. 

7 MILITARY PERSONNEL, AIR FORCE

8 For an additional amount for ‘‘Military Personnel, 

9 Air Force’’, $528,643,000. 

10 RESERVE PERSONNEL, ARMY

11 For an additional amount for ‘‘Reserve Personnel, 

12 Army’’, $98,163,000. 

13 RESERVE PERSONNEL, NAVY

14 For an additional amount for ‘‘Reserve Personnel, 

15 Navy’’, $41,400,000. 

16 RESERVE PERSONNEL, AIR FORCE

17 For an additional amount for ‘‘Reserve Personnel, 

18 Air Force’’, $4,000,000. 

19 NATIONAL GUARD PERSONNEL, ARMY

20 For an additional amount for ‘‘National Guard Per21 sonnel, Army’’, $231,195,000. 

22 NATIONAL GUARD PERSONNEL, AIR FORCE

23 For an additional amount for ‘‘National Guard Per24 sonnel, Air Force’’, $24,500,000. 


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1 OPERATION AND MAINTENANCE 

2 OPERATION AND MAINTENANCE, ARMY

3 For an additional amount for ‘‘Operation and Main4 tenance, Army’’, $4,973,379,000. 

5 OPERATION AND MAINTENANCE, NAVY

6 (INCLUDING TRANSFER OF FUNDS)

7 For an additional amount for ‘‘Operation and Main8 tenance, Navy’’, $2,313,794,000, of which up to 

9 $120,293,000 shall be transferred to Coast Guard, ‘‘Oper10 ating Expenses’’, for reimbursement for activities which 

11 support activities requested by the Navy. 

12 OPERATION AND MAINTENANCE, MARINE CORPS

13 For an additional amount for ‘‘Operation and Main14 tenance, Marine Corps’’, $573,297,000. 

15 OPERATION AND MAINTENANCE, AIR FORCE

16 For an additional amount for ‘‘Operation and Main17 tenance, Air Force’’, $3,325,441,000. 

18 OPERATION AND MAINTENANCE, DEFENSE-WIDE

19 For an additional amount for ‘‘Operation and Main20 tenance, Defense-Wide’’, $1,357,244,000, of which— 

21 (1) not to exceed $25,000,000 may be used for 

22 the Combatant Commander Initiative Fund, to be 

23 used in support of Operation Iraqi Freedom and Op24 eration Enduring Freedom; and 


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1 (2) not to exceed $200,000,000, to remain 

2 available until expended, may be used for payments 

3 to reimburse Pakistan, Jordan, and other key co4 operating nations, for logistical, military, and other 

5 support provided to United States military oper6 ations, notwithstanding any other provision of law: 

7 Provided, That such payments may be made in such 

8 amounts as the Secretary of Defense, with the con9 currence of the Secretary of State, and in consulta10 tion with the Director of the Office of Management 

11 and Budget, may determine, in his discretion, based 

12 on documentation determined by the Secretary of 

13 Defense to adequately account for the support pro14 vided, and such determination is final and conclusive 

15 upon the accounting officers of the United States, 

16 and 15 days following notification to the appropriate 

17 congressional committees: Provided further, That the 

18 Secretary of Defense shall provide quarterly reports 

19 to the congressional defense committees on the use 

20 of funds provided in this paragraph. 

21 OPERATION AND MAINTENANCE, ARMY RESERVE

22 For an additional amount for ‘‘Operation and Main23 tenance, Army Reserve’’, $37,025,000. 


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1 OPERATION AND MAINTENANCE, NAVY RESERVE

2 For an additional amount for ‘‘Operation and Main3 tenance, Navy Reserve’’, $55,533,000. 

4 OPERATION AND MAINTENANCE, MARINE CORPS

5 RESERVE

6 For an additional amount for ‘‘Operation and Main7 tenance, Marine Corps Reserve’’, $6,796,000. 

8 OPERATION AND MAINTENANCE, AIR FORCE RESERVE

9 For an additional amount for ‘‘Operation and Main10 tenance, Air Force Reserve’’, $5,080,000. 

11 OPERATION AND MAINTENANCE, ARMY NATIONAL

12 GUARD

13 For an additional amount for ‘‘Operation and Main14 tenance, Army National Guard’’, $41,785,000. 

15 OPERATION AND MAINTENANCE, AIR NATIONAL GUARD

16 For an additional amount for ‘‘Operation and Main17 tenance, Air National Guard’’, $19,215,000. 

18 AFGHANISTAN SECURITY FORCES FUND

19 For an additional amount for ‘‘Afghanistan Security 

20 Forces Fund’’, $2,953,200,000, to remain available until 

21 September 30, 2008. 

22 IRAQ SECURITY FORCES FUND

23 For an additional amount for ‘‘Iraq Security Forces 

24 Fund’’, $1,921,150,000, to remain available until Sep25 tember 30, 2008. 


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1 IRAQ FREEDOM FUND

2 (INCLUDING TRANSFER OF FUNDS)

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

4 $355,600,000, to remain available for transfer until Sep5 tember 30, 2008: Provided, That up to $50,000,000 may 

6 be obligated and expended for purposes of the Task Force 

7 to Improve Business and Stability Operations in Iraq. 

8 JOINT IMPROVISED EXPLOSIVE DEVICE DEFEAT FUND

9 For an additional amount for ‘‘Joint Improvised Ex10 plosive Device Defeat Fund’’, $1,216,400,000, to remain 

11 available until September 30, 2009. 

12 STRATEGIC RESERVE READINESS FUND

13 (INCLUDING TRANSFER OF FUNDS)

14 In addition to amounts provided in this or any other 

15 Act, for training, operations, repair of equipment, pur16 chases of equipment, and other expenses related to im17 proving the readiness of non-deployed United States mili18 tary forces, $2,000,000,000, to remain available until Sep19 tember 30, 2009; of which $1,000,000,000 shall be trans20 ferred to ‘‘National Guard and Reserve Equipment’’ for 

21 the purchase of equipment for the Army National Guard; 

22 and of which $1,000,000,000 shall be transferred by the 

23 Secretary of Defense only to appropriations for military 

24 personnel, operation and maintenance, procurement, and 

25 defense working capital funds to accomplish the purposes 


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1 provided herein: Provided, That the funds transferred 

2 shall be merged with and shall be available for the same 

3 purposes and for the same time period as the appropria4 tion to which transferred: Provided further, That the Sec5 retary of Defense shall, not fewer than thirty days prior 

6 to making transfers under this authority, notify the con7 gressional defense committees in writing of the details of 

8 any such transfers made pursuant to this authority: Pro9 vided further, That funds shall be transferred to the ap10 propriation accounts not later than 120 days after the en11 actment of this division: Provided further, That the trans12 fer authority provided in this paragraph is in addition to 

13 any other transfer authority available to the Department 

14 of Defense: Provided further, That upon a determination 

15 that all or part of the funds transferred from this appro16 priation are not necessary for the purposes provided here17 in, such amounts may be transferred back to this appro18 priation. 

19 PROCUREMENT 

20 AIRCRAFT PROCUREMENT, ARMY

21 For an additional amount for ‘‘Aircraft Procurement, 

22 Army’’, $619,750,000, to remain available until Sep23 tember 30, 2009. 


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1 MISSILE PROCUREMENT, ARMY

2 For an additional amount for ‘‘Missile Procurement, 

3 Army’’, $111,473,000, to remain available until Sep4 tember 30, 2009. 

5 PROCUREMENT OF WEAPONS AND TRACKED COMBAT

6 VEHICLES, ARMY

7 For an additional amount for ‘‘Procurement of Weap8 ons and Tracked Combat Vehicles, Army’’, 

9 $3,404,315,000, to remain available until September 30, 

10 2009. 

11 PROCUREMENT OF AMMUNITION, ARMY

12 For an additional amount for ‘‘Procurement of Am13 munition, Army’’, $681,500,000, to remain available until 

14 September 30, 2009. 

15 OTHER PROCUREMENT, ARMY

16 For an additional amount for ‘‘Other Procurement, 

17 Army’’, $9,859,137,000, to remain available until Sep18 tember 30, 2009. 

19 AIRCRAFT PROCUREMENT, NAVY

20 For an additional amount for ‘‘Aircraft Procurement, 

21 Navy’’, $1,090,287,000, to remain available until Sep22 tember 30, 2009. 


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1 WEAPONS PROCUREMENT, NAVY

2 For an additional amount for ‘‘Weapons Procure3 ment, Navy’’, $163,813,000, to remain available until 

4 September 30, 2009. 

5 PROCUREMENT OF AMMUNITION, NAVY AND MARINE

6 CORPS

7 For an additional amount for ‘‘Procurement of Am8 munition, Navy and Marine Corps’’, $159,833,000, to re9 main available until September 30, 2009. 

10 OTHER PROCUREMENT, NAVY

11 For an additional amount for ‘‘Other Procurement, 

12 Navy’’, $618,709,000, to remain available until September 

13 30, 2009. 

14 PROCUREMENT, MARINE CORPS

15 For an additional amount for ‘‘Procurement, Marine 

16 Corps’’, $989,389,000, to remain available until Sep17 tember 30, 2009. 

18 AIRCRAFT PROCUREMENT, AIR FORCE

19 For an additional amount for ‘‘Aircraft Procurement, 

20 Air Force’’, $2,106,468,000, to remain available until 

21 September 30, 2009. 

22 MISSILE PROCUREMENT, AIR FORCE

23 For an additional amount for ‘‘Missile Procurement, 

24 Air Force’’, $94,900,000, to remain available until Sep25 tember 30, 2009. 


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1 PROCUREMENT OF AMMUNITION, AIR FORCE

2 For an additional amount for ‘‘Procurement of Am3 munition, Air Force’’, $6,000,000, to remain available 

4 until September 30, 2009. 

5 OTHER PROCUREMENT, AIR FORCE

6 For an additional amount for ‘‘Other Procurement, 

7 Air Force’’, $1,957,160,000, to remain available until 

8 September 30, 2009. 

9 PROCUREMENT, DEFENSE-WIDE

10 For an additional amount for ‘‘Procurement, De11 fense-Wide’’, $721,190,000, to remain available until Sep12 tember 30, 2009. 

13 RESEARCH, DEVELOPMENT, TEST AND 

14 EVALUATION 

15 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 

16 ARMY

17 For an additional amount for ‘‘Research, Develop18 ment, Test and Evaluation, Army’’, $100,006,000, to re19 main available until September 30, 2008. 

20 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 

21 NAVY

22 For an additional amount for ‘‘Research, Develop23 ment, Test and Evaluation, Navy’’, $298,722,000, to re24 main available until September 30, 2008. 


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1 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 

2 AIR FORCE

3 For an additional amount for ‘‘Research, Develop4 ment, Test and Evaluation, Air Force’’, $187,176,000, to 

5 remain available until September 30, 2008. 

6 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 

7 DEFENSE-WIDE

8 For an additional amount for ‘‘Research, Develop9 ment, Test and Evaluation, Defense-Wide’’, 

10 $512,804,000, to remain available until September 30, 

11 2008. 

12 REVOLVING AND MANAGEMENT FUNDS 

13 DEFENSE WORKING CAPITAL FUNDS

14 For an additional amount for ‘‘Defense Working 

15 Capital Funds’’, $1,315,526,000. 

16 NATIONAL DEFENSE SEALIFT FUND

17 For an additional amount for ‘‘National Defense Sea18 lift Fund’’, $5,000,000. 

19 OTHER DEPARTMENT OF DEFENSE PROGRAMS 

20 DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES, 

21 DEFENSE

22 For an additional amount for ‘‘Drug Interdiction and 

23 Counter-Drug Activities, Defense’’, $254,665,000, to re24 main available until expended. 


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1 RELATED AGENCIES 

2 INTELLIGENCE COMMUNITY MANAGEMENT ACCOUNT

3 For an additional amount for ‘‘Intelligence Commu4 nity Management Account’’, $71,726,000. 

5 CHAPTER 3—GENERAL PROVISIONS, THIS 

6 TITLE 

7 SEC. 1301. Appropriations provided in this title are 

8 available for obligation until September 30, 2007, unless 

9 otherwise provided in this title. 

10 (TRANSFER OF FUNDS)

11 SEC. 1302. Upon his determination that such action 

12 is necessary in the national interest, the Secretary of De13 fense may transfer between appropriations up to 

14 $3,500,000,000 of the funds made available to the De15 partment of Defense in this title: Provided, That the Sec16 retary shall notify the Congress promptly of each transfer 

17 made pursuant to the authority in this section: Provided 

18 further, That the authority provided in this section is in 

19 addition to any other transfer authority available to the 

20 Department of Defense and is subject to the same terms 

21 and conditions as the authority provided in section 8005 

22 of the Department of Defense Appropriations Act, 2007 

23 (Public Law 109–289; 120 Stat. 1257), except for the 

24 fourth proviso: Provided further, That funds previously 

25 transferred to the ‘‘Joint Improvised Explosive Device De26 feat Fund’’ and the ‘‘Iraq Security Forces Fund’’ under 


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

2 transferred back to their source appropriations accounts 

3 shall not be taken into account for purposes of the limita4 tion on the amount of funds that may be transferred 

5 under section 8005. 

6 SEC. 1303. Funds appropriated in this title, or made 

7 available by the transfer of funds in or pursuant to this 

8 title, for intelligence activities are deemed to be specifically 

9 authorized by the Congress for purposes of section 

10 504(a)(1) of the National Security Act of 1947 (50 U.S.C. 

11 414(a)(1)). 

12 SEC. 1304. None of the funds provided in this title 

13 may be used to finance programs or activities denied by 

14 Congress in fiscal years 2006 or 2007 appropriations to 

15 the Department of Defense or to initiate a procurement 

16 or research, development, test and evaluation new start 

17 program without prior written notification to the congres18 sional defense committees. 

19 (TRANSFER OF FUNDS)

20 SEC. 1305. During fiscal year 2007, the Secretary 

21 of Defense may transfer not to exceed $6,300,000 of the 

22 amounts in or credited to the Defense Cooperation Ac23 count, pursuant to 10 U.S.C. 2608, to such appropriations 

24 or funds of the Department of Defense as he shall deter25 mine for use consistent with the purposes for which such 

26 funds were contributed and accepted: Provided, That such 


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1 amounts shall be available for the same time period as 

2 the appropriation to which transferred: Provided further, 

3 That the Secretary shall report to the Congress all trans4 fers made pursuant to this authority. 

5 SEC. 1306. (a) AUTHORITY TO PROVIDE SUP6 PORT.—Of the amount appropriated by this title under the 

7 heading, ‘‘Drug Interdiction and Counter-Drug Activities, 

8 Defense’’, not to exceed $60,000,000 may be used for sup9 port for counter-drug activities of the Governments of Af10 ghanistan and Pakistan: Provided, That such support 

11 shall be in addition to support provided for the counter12 drug activities of such Governments under any other pro13 vision of the law. 

14 (b) TYPES OF SUPPORT.— 

15 (1) Except as specified in subsection (b)(2) of 

16 this section, the support that may be provided under 

17 the authority in this section shall be limited to the 

18 types of support specified in section 1033(c)(1) of 

19 the National Defense Authorization Act for Fiscal 

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

21 Public Laws 106–398, 108–136, and 109–364) and 

22 conditions on the provision of support as contained 

23 in section 1033 shall apply for fiscal year 2007. 

24 (2) The Secretary of Defense may transfer ve25 hicles, aircraft, and detection, interception, moniVerDate Aug 31 2005 23:48 May 14, 2007 Jkt 059200 PO 00000 Frm 00021 Fmt 6652 Sfmt 6201 E:\BILLS\H2206.PCS H2206

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1 toring and testing equipment to said Governments 

2 for counter-drug activities. 

3 SEC. 1307. (a) From funds made available for oper4 ation and maintenance in this title to the Department of 

5 Defense, not to exceed $456,400,000 may be used, not6 withstanding any other provision of law, to fund the Com7 manders’ Emergency Response Program, for the purpose 

8 of enabling military commanders in Iraq and Afghanistan 

9 to respond to urgent humanitarian relief and reconstruc10 tion requirements within their areas of responsibility by 

11 carrying out programs that will immediately assist the 

12 Iraqi and Afghan people. 

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

14 after the end of each fiscal year quarter, the Secretary 

15 of Defense shall submit to the congressional defense com16 mittees a report regarding the source of funds and the 

17 allocation and use of funds during that quarter that were 

18 made available pursuant to the authority provided in this 

19 section or under any other provision of law for the pur20 poses of the programs under subsection (a). 

21 SEC. 1308. Section 9010 of division A of Public Law 

22 109–289 is amended by striking ‘‘2007’’ each place it ap23 pears and inserting ‘‘2008’’. 

24 SEC. 1309. During fiscal year 2007, supervision and 

25 administration costs associated with projects carried out 


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1 with funds appropriated to ‘‘Afghanistan Security Forces 

2 Fund’’ or ‘‘Iraq Security Forces Fund’’ in this title may 

3 be obligated at the time a construction contract is award4 ed: Provided, That for the purpose of this section, super5 vision and administration costs include all in-house Gov6 ernment costs. 

7 SEC. 1310. Section 1005(c)(2) of the National De8 fense Authorization Act, Fiscal Year 2007 (Public Law 

9 109–364) is amended by striking ‘‘$310,277,000’’ and in10 serting ‘‘$376,446,000’’. 

11 SEC. 1311. None of the funds appropriated or other12 wise made available by this or any other Act shall be obli13 gated or expended by the United States Government for 

14 a purpose as follows: 

15 (1) To establish any military installation or 

16 base for the purpose of providing for the permanent 

17 stationing of United States Armed Forces in Iraq. 

18 (2) To exercise United States control over any 

19 oil resource of Iraq. 

20 SEC. 1312. None of the funds made available in this 

21 division may be used in contravention of the following laws 

22 enacted or regulations promulgated to implement the 

23 United Nations Convention Against Torture and Other 

24 Cruel, Inhuman or Degrading Treatment or Punishment 

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


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

2 Code; 

3 (2) section 2242 of the Foreign Affairs Reform 

4 and Restructuring Act of 1998 (division G of Public 

5 Law 105–277; 112 Stat. 2681–822; 8 U.S.C. 1231 

6 note) and regulations prescribed thereto, including 

7 regulations under part 208 of title 8, Code of Fed8 eral Regulations, and part 95 of title 22, Code of 

9 Federal Regulations; and 

10 (3) sections 1002 and 1003 of the Department 

11 of Defense, Emergency Supplemental Appropriations 

12 to Address Hurricanes in the Gulf of Mexico, and 

13 Pandemic Influenza Act, 2006 (Public Law 109– 

14 148). 

15 SEC. 1313. (a) REPORT BY SECRETARY OF DE16 FENSE.—Not later than 30 days after the date of the en17 actment of this division, the Secretary of Defense shall 

18 submit to the congressional defense committees a report 

19 that contains individual transition readiness assessments 

20 by unit of Iraq and Afghan security forces. The Secretary 

21 of Defense shall submit to the congressional defense com22 mittees updates of the report required by this subsection 

23 every 90 days after the date of the submission of the re24 port until October 1, 2008. The report and updates of the 


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1 report required by this subsection shall be submitted in 

2 classified form. 

3 (b) REPORT BY OMB.— 

4 (1) The Director of the Office of Management 

5 and Budget, in consultation with the Secretary of 

6 Defense; the Commander, Multi-National Security 

7 Transition Command—Iraq; and the Commander, 

8 Combined Security Transition Command—Afghani9 stan, shall submit to the congressional defense com10 mittees not later than 120 days after the date of the 

11 enactment of this division and every 90 days there12 after a report on the proposed use of all funds under 

13 each of the headings ‘‘Iraq Security Forces Fund’’ 

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

15 project-by-project basis, for which the obligation of 

16 funds is anticipated during the three-month period 

17 from such date, including estimates by the com18 manders referred to in this paragraph of the costs 

19 required to complete each such project. 

20 (2) The report required by this subsection shall 

21 include the following: 

22 (A) The use of all funds on a project-by23 project basis for which funds appropriated 

24 under the headings referred to in paragraph (1) 

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1 port, including estimates by the commanders 

2 referred to in paragraph (1) of the costs to 

3 complete each project. 

4 (B) The use of all funds on a project-by5 project basis for which funds were appropriated 

6 under the headings referred to in paragraph (1) 

7 in prior appropriations Acts, or for which funds 

8 were made available by transfer, reprogram9 ming, or allocation from other headings in prior 

10 appropriations Acts, including estimates by the 

11 commanders referred to in paragraph (1) of the 

12 costs to complete each project. 

13 (C) An estimated total cost to train and 

14 equip the Iraq and Afghan security forces, 

15 disaggregated by major program and sub-ele16 ments by force, arrayed by fiscal year. 

17 (c) NOTIFICATION.—The Secretary of Defense shall 

18 notify the congressional defense committees of any pro19 posed new projects or transfers of funds between sub-ac20 tivity groups in excess of $15,000,000 using funds appro21 priated by this division under the headings ‘‘Iraq Security 

22 Forces Fund’’ and ‘‘Afghanistan Security Forces Fund’’. 

23 SEC. 1314. None of the funds appropriated or other24 wise made available by this title may be obligated or ex25 pended to provide award fees to any defense contractor 


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1 contrary to the provisions of section 814 of the National 

2 Defense Authorization Act, Fiscal Year 2007 (Public Law 

3 109–364). 

4 SEC. 1315. Not more than 85 percent of the funds 

5 appropriated in chapter 2 for operation and maintenance 

6 shall be available for obligation unless and until the Sec7 retary of Defense submits to the congressional defense 

8 committees a report detailing the use of Department of 

9 Defense funded service contracts conducted in the theater 

10 of operations in support of United States military and re11 construction activities in Iraq and Afghanistan: Provided, 

12 That the report shall provide detailed information speci13 fying the number of contracts and contract costs used to 

14 provide services in fiscal year 2006, with sub-allocations 

15 by major service categories: Provided further, That the re16 port also shall include estimates of the number of con17 tracts to be executed in fiscal year 2007: Provided further, 

18 That the report shall include the number of contractor 

19 personnel in Iraq and Afghanistan funded by the Depart20 ment of Defense: Provided further, That the report shall 

21 be submitted to the congressional defense committees not 

22 later than August 1, 2007. 

23 SEC. 1316. Section 1477 of title 10, United States 

24 Code, is amended— 


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1 (1) in subsection (a), by striking ‘‘A death gra2 tuity’’ and inserting ‘‘Subject to subsection (d), a 

3 death gratuity’’; 

4 (2) by redesignating subsection (d) as sub5 section (e) and, in such subsection, by striking ‘‘If 

6 an eligible survivor dies before he’’ and inserting ‘‘If 

7 a person entitled to all or a portion of a death gra8 tuity under subsection (a) or (d) dies before the per9 son’’; and 

10 (3) by inserting after subsection (c) the fol11 lowing new subsection (d): 

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

13 enactment of this subsection and ending on September 30, 

14 2007, a person covered by section 1475 or 1476 of this 

15 title may designate another person to receive not more 

16 than 50 percent of the amount payable under section 1478 

17 of this title. The designation shall indicate the percentage 

18 of the amount, to be specified only in 10 percent incre19 ments up to the maximum of 50 percent, that the des20 ignated person may receive. The balance of the amount 

21 of the death gratuity shall be paid to or for the living sur22 vivors of the person concerned in accordance with para23 graphs (1) through (5) of subsection (a).’’. 

24 SEC. 1317. Section 9007 of Public Law 109–289 is 

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


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1 SEC. 1318. (a) INSPECTION OF MILITARY MEDICAL

2 TREATMENT FACILITIES, MILITARY QUARTERS HOUSING

3 MEDICAL HOLD PERSONNEL, AND MILITARY QUARTERS

4 HOUSING MEDICAL HOLDOVER PERSONNEL.— 

5 (1) IN GENERAL.—Not later than 180 days 

6 after the date of the enactment of this division, and 

7 annually thereafter, the Secretary of Defense shall 

8 inspect each facility of the Department of Defense 

9 as follows: 

10 (A) Each military medical treatment facil11 ity. 

12 (B) Each military quarters housing med13 ical hold personnel. 

14 (C) Each military quarters housing med15 ical holdover personnel. 

16 (2) PURPOSE.—The purpose of an inspection 

17 under this subsection is to ensure that the facility or 

18 quarters concerned meets acceptable standards for 

19 the maintenance and operation of medical facilities, 

20 quarters housing medical hold personnel, or quarters 

21 housing medical holdover personnel, as applicable. 

22 (b) ACCEPTABLE STANDARDS.—For purposes of this 

23 section, acceptable standards for the operation and main24 tenance of military medical treatment facilities, military 

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1 ters housing medical holdover personnel are each of the 

2 following: 

3 (1) Generally accepted standards for the ac4 creditation of medical facilities, or for facilities used 

5 to quarter individuals with medical conditions that 

6 may require medical supervision, as applicable, in 

7 the United States. 

8 (2) Where appropriate, standards under the 

9 Americans with Disabilities Act of 1990 (42 U.S.C. 

10 12101 et seq.). 

11 (c) ADDITIONAL INSPECTIONS ON IDENTIFIED DEFI12 CIENCIES.— 

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

14 identified pursuant to subsection (a) at a facility or 

15 quarters described in paragraph (1) of that sub16 section— 

17 (A) the commander of such facility or 

18 quarters, as applicable, shall submit to the Sec19 retary a detailed plan to correct the deficiency; 

20 and 

21 (B) the Secretary shall reinspect such fa22 cility or quarters, as applicable, not less often 

23 than once every 180 days until the deficiency is 

24 corrected. 


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1 (2) CONSTRUCTION WITH OTHER INSPEC2 TIONS.—An inspection of a facility or quarters 

3 under this subsection is in addition to any inspection 

4 of such facility or quarters under subsection (a). 

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

6 the report on each inspection conducted under subsections 

7 (a) and (c) shall be submitted in unclassified form to the 

8 applicable military medical command and to the congres9 sional defense committees. 

10 (e) REPORT ON STANDARDS.—In the event no stand11 ards for the maintenance and operation of military med12 ical treatment facilities, military quarters housing medical 

13 hold personnel, or military quarters housing medical hold14 over personnel exist as of the date of the enactment of 

15 this division, or such standards as do exist do not meet 

16 acceptable standards for the maintenance and operation 

17 of such facilities or quarters, as the case may be, the Sec18 retary shall, not later than 30 days after that date, submit 

19 to the congressional defense committees a report setting 

20 forth the plan of the Secretary to ensure— 

21 (1) the adoption by the Department of stand22 ards for the maintenance and operation of military 

23 medical facilities, military quarters housing medical 

24 hold personnel, or military quarters housing medical 

25 holdover personnel, as applicable, that meet— 


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1 (A) acceptable standards for the mainte2 nance and operation of such facilities or quar3 ters, as the case may be; and 

4 (B) where appropriate, standards under 

5 the Americans with Disabilities Act of 1990; 

6 and 

7 (2) the comprehensive implementation of the 

8 standards adopted under paragraph (1) at the ear9 liest date practicable. 

10 SEC. 1319. From funds made available for the ‘‘Iraq 

11 Security Forces Fund’’ for fiscal year 2007, up to 

12 $155,500,000 may be used, notwithstanding any other 

13 provision of law, to provide assistance, with the concur14 rence of the Secretary of State, to the Government of Iraq 

15 to support the disarmament, demobilization, and re16 integration of militias and illegal armed groups. 

17 SEC. 1320. (a) INDEPENDENT ASSESSMENT OF CA18 PABILITIES OF IRAQI SECURITY FORCES.—Of the amount 

19 appropriated or otherwise made available for the Depart20 ment of Defense, $750,000 is provided to commission an 

21 independent, private-sector entity, which operates as a 

22 501(c)(3) with recognized credentials and expertise in 

23 military affairs, to prepare an independent report assess24 ing the following: 


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1 (1) The readiness of the Iraqi Security Forces 

2 (ISF) to assume responsibility for maintaining the 

3 territorial integrity of Iraq, denying international 

4 terrorists a safe haven, and bringing greater security 

5 to Iraq’s 18 provinces in the next 12–18 months, 

6 and bringing an end to sectarian violence to achieve 

7 national reconciliation. 

8 (2) The training; equipping; command, control 

9 and intelligence capabilities; and logistics capacity of 

10 the ISF. 

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

12 of preparedness to date, following years of training 

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

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

15 ISF to fulfill the missions outlined in subparagraph 

16 (1). 

17 (b) REPORT.—Not later than 120 days after passage 

18 of this division, the designated private sector entity shall 

19 provide an unclassified report, with a classified annex, 

20 containing its findings, to the House and Senate Commit21 tees on Armed Services, Appropriations, Foreign Rela22 tions, and Intelligence. 

23 SEC. 1321. (a) AWARD OF MEDAL OF HONOR TO

24 WOODROW W. KEEBLE FOR VALOR DURING KOREAN

25 WAR.—Notwithstanding any applicable time limitation 


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1 under section 3744 of title 10, United States Code, or any 

2 other time limitation with respect to the award of certain 

3 medals to individuals who served in the Armed Forces, the 

4 President may award to Woodrow W. Keeble the Medal 

5 of Honor under section 3741 of that title for the acts of 

6 valor described in subsection (b). 

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

8 in subsection (a) are the acts of Woodrow W. Keeble, then9 acting platoon leader, carried out on October 20, 1951, 

10 during the Korean War. 

11 (TRANSFER OF FUNDS)

12 SEC. 1322. Of the amount appropriated under the 

13 heading ‘‘Other Procurement, Army’’, in title III of divi14 sion A of Public Law 109–148, $6,250,000 shall be trans15 ferred to ‘‘Military Construction, Army’’. 

16 SEC. 1323. The Secretary of the Navy shall, notwith17 standing any other provision of law, transfer to the Sec18 retary of the Air Force, at no cost, all lands, easements, 

19 Air Installation Compatible Use Zones, and facilities at 

20 NASJRB Willow Grove designated for operation as a 

21 Joint Interagency Installation for use by the Pennsylvania 

22 National Guard and other Department of Defense compo23 nents, government agencies, and associated users to per24 form national defense, homeland security, and emergency 

25 preparedness missions. 


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1 (TRANSFER OF FUNDS)

2 SEC. 1324. Notwithstanding any other provision of 

3 law (except section 1331 of this division), not to exceed 

4 $110,000,000 may be transferred to the ‘‘Economic Sup5 port Fund’’, Department of State, for use in programs 

6 in Pakistan from amounts appropriated in chapter 2 as 

7 follows: 

8 ‘‘Military Personnel, Army’’, $70,000,000. 

9 ‘‘National Guard Personnel, Army’’, 

10 $13,183,000. 

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

12 SEC. 1325. The Secretary of Defense, notwith13 standing any other provision of law, acting through the 

14 Office of Economic Adjustment or the Office of Depend15 ents Education of the Department of Defense, shall use 

16 not less than $10,000,000 of funds made available in this 

17 title under the heading ‘‘Operations and Maintenance, De18 fense-Wide’’ to make grants and supplement other Federal 

19 funds to provide special assistance to local education agen20 cies in districts adversely affected by significant changes 

21 in the military population. 

22 SEC. 1326. (a) FINDINGS.—Congress finds the fol23 lowing: 


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1 (1) Congress has appropriated over $15 billion 

2 to train and equip the security forces of Iraq since 

3 April 2004. 

4 (2) The Administration has reported in the 

5 March 2007 report entitled ‘‘Measuring Stability 

6 and Security in Iraq’’ that the number of Iraqi secu7 rity forces nearing combat proficiency is 328,700. 

8 (3) The Iraqi security forces continue to be 

9 trained to achieve the highest level of combat effi10 ciency in order to provide for the security and sta11 bility of the Iraqi people. 

12 (b) SENSE OF CONGRESS.—It is the sense of Con13 gress that— 

14 (1) as battalions of the Iraqi security forces 

15 achieve a level of combat proficiency such that they 

16 can conduct independent combat operations without 

17 support from Coalition forces in Iraq, units of the 

18 United States Armed Forces should be redeployed 

19 from Iraq; and 

20 (2) regular, accurate accounts of the combat 

21 proficiency of battalions of the Iraqi security forces 

22 are necessary for the American public to gauge the 

23 development of the Iraqi security forces. 

24 (c) REPORT ON COMBAT PROFICIENCY OF IRAQI SE25 CURITY FORCES.—The President shall transmit to the apVerDate Aug 31 2005 23:48 May 14, 2007 Jkt 059200 PO 00000 Frm 00036 Fmt 6652 Sfmt 6201 E:\BILLS\H2206.PCS H2206

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1 propriate congressional committees each month a report 

2 in classified and unclassified form that contains an ac3 counting of the number of battalions of the security forces 

4 of Iraq at each level of combat proficiency described in 

5 subsection (d). 

6 (d) LEVELS OF COMBAT PROFICIENCY.—The levels 

7 of combat proficiency referred to in subsection (c) are the 

8 following: 

9 (1) Level 1 means a battalion that can conduct 

10 independent combat operations without support from 

11 Coalition forces in Iraq. 

12 (2) Level 2 means a battalion that can conduct 

13 independent combat operations, but only with 

14 logistical support, or non-combat-related support 

15 from Coalition forces in Iraq. 

16 (3) Level 3 means a battalion that can partici17 pate in combat operations alongside Coalition forces, 

18 but cannot conduct independent combat operations 

19 without direct combat support from Coalition forces 

20 in Iraq. 

21 (4) Level 4 means a battalion that cannot par22 ticipate in combat operations, even with support 

23 from Coalition forces in Iraq. 


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1 (e) COMPARISON OF DATA.—The report shall include 

2 a comparison of data from each previous report with re3 spect to each battalion of the security forces of Iraq. 

4 (f) PUBLIC NOTIFICATION.—The President shall en5 sure that the unclassified form of each report required by 

6 this section is made available on the main public Internet 

7 Web site of the Department of Defense not later than 10 

8 days after the date on which the report is transmitted to 

9 the appropriate congressional committees, and that a link 

10 to the accounting in the report is made available on the 

11 homepage of such Internet Web site. 

12 (g) DEFINITION.—As used in this section, the term 

13 ‘‘appropriate congressional committees’’ means— 

14 (1) the Committee on Appropriations, the Com15 mittee on Armed Services, and the Permanent Select 

16 Committee on Intelligence of the House of Rep17 resentatives; and 

18 (2) the Committee on Appropriations, the Com19 mittee on Armed Services, and the Select Committee 

20 on Intelligence of the Senate. 

21 (h) EFFECTIVE DATE.—The requirement to transmit 

22 and make available reports under this section shall apply 

23 with respect to the first month beginning after the date 

24 of the enactment of this division and to each subsequent 

25 month thereafter until the President determines and cerVerDate Aug 31 2005 23:48 May 14, 2007 Jkt 059200 PO 00000 Frm 00038 Fmt 6652 Sfmt 6201 E:\BILLS\H2206.PCS H2206

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1 tifies to the appropriate congressional committees that the 

2 security forces of Iraq have achieved combat proficiency 

3 to the extent necessary to combat the insurgency in Iraq. 

4 SEC. 1327. (a) Congress finds that it is Defense De5 partment policy that units should not be deployed for com6 bat unless they are rated ‘‘fully mission capable’’. 

7 (b) None of the funds appropriated or otherwise 

8 made available in this or any other Act may be used to 

9 deploy any unit of the Armed Forces to Iraq unless the 

10 President has certified in writing to the Committees on 

11 Appropriations and the Committees on Armed Services at 

12 least 15 days in advance of the deployment that the unit 

13 is fully mission capable. 

14 (c) For purposes of subsection (b), the term ‘‘fully 

15 mission capable’’ means capable of performing assigned 

16 mission essential tasks to prescribed standards under the 

17 conditions expected in the theater of operations, consistent 

18 with the guidelines set forth in the Department of Defense 

19 readiness reporting system. 

20 (d) The President, by certifying in writing to the 

21 Committees on Appropriations and the Committees on 

22 Armed Services that the deployment to Iraq of a unit that 

23 is not assessed fully mission capable is required for rea24 sons of national security and by submitting along with the 

25 certification a report in classified and unclassified form 


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1 detailing the particular reason or reasons why the unit’s 

2 deployment is necessary, may waive the limitation pre3 scribed in subsection (b) on a unit-by-unit basis. 

4 SEC. 1328. (a) Congress finds that it is Defense De5 partment policy that Army, Army Reserve, and National 

6 Guard units should not be deployed for combat beyond 

7 365 days or that Marine Corps and Marine Corps Reserve 

8 units should not be deployed for combat beyond 210 days. 

9 (b) None of the funds appropriated or otherwise 

10 made available in this or any other Act may be obligated 

11 or expended to initiate the development of, continue the 

12 development of, or execute any order that has the effect 

13 of extending the deployment for Operation Iraqi Freedom 

14 of— 

15 (1) any unit of the Army, Army Reserve or 

16 Army National Guard beyond 365 days; or 

17 (2) any unit of the Marine Corps or Marine 

18 Corps Reserve beyond 210 days. 

19 (c) The limitation prescribed in subsection (b) shall 

20 not be construed to require force levels in Iraq to be de21 creased below the total United States force levels in Iraq 

22 prior to January 10, 2007. 

23 (d) The President, by certifying in writing to the 

24 Committees on Appropriations and the Committees on 

25 Armed Services that the extension of a unit’s deployment 


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1 in Iraq beyond the periods specified in subsection (b) is 

2 required for reasons of national security and by submit3 ting along with the certification a report in classified and 

4 unclassified form detailing the particular reason or rea5 sons why the unit’s extended deployment is necessary, may 

6 waive the limitations prescribed in subsection (b) on a 

7 unit-by-unit basis. 

8 SEC. 1329. (a) Congress finds that it is Defense De9 partment policy that Army, Army Reserve, and National 

10 Guard units should not be redeployed for combat if the 

11 unit has been deployed within the previous 365 consecu12 tive days or that Marine Corps and Marine Corps Reserve 

13 units should not be redeployed for combat if the unit has 

14 been deployed within the previous 210 days. 

15 (b) None of the funds appropriated or otherwise 

16 made available in this or any other Act may be obligated 

17 or expended to initiate the development of, continue the 

18 development of, or execute any order that has the effect 

19 of deploying for Operation Iraqi Freedom of— 

20 (1) any unit of the Army, Army Reserve or 

21 Army National Guard if such unit has been deployed 

22 within the previous 365 consecutive days; or 

23 (2) any unit of the Marine Corps or Marine 

24 Corps Reserve if such unit has been deployed within 

25 the previous 210 consecutive days. 


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1 (c) The limitation prescribed in subsection (b) shall 

2 not be construed to require force levels in Iraq to be de3 creased below the total United States force levels in Iraq 

4 prior to January 10, 2007. 

5 (d) The President, by certifying in writing to the 

6 Committees on Appropriations and the Committees on 

7 Armed Services that the redeployment of a unit to Iraq 

8 in advance of the periods specified in subsection (b) is re9 quired for reasons of national security and by submitting 

10 along with the certification a report in classified and un11 classified form detailing the particular reason or reasons 

12 why the unit’s redeployment is necessary, may waive the 

13 limitations prescribed in subsection (b) on a unit-by-unit 

14 basis. 

15 SEC. 1330. The President shall transmit to the Con16 gress a report in classified and unclassified form, on or 

17 before July 13, 2007, detailing— 

18 (1) the progress the Government of Iraq has 

19 made in— 

20 (A) giving the United States Armed Forces 

21 and Iraqi Security Forces the authority to pur22 sue all extremists, including Sunni insurgents 

23 and Shiite militias; 


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1 (B) delivering necessary Iraqi Security 

2 Forces for Baghdad and protecting such Forces 

3 from political interference; 

4 (C) intensifying efforts to build balanced 

5 security forces throughout Iraq that provide 

6 even-handed security for all Iraqis; 

7 (D) ensuring that Iraq’s political authori8 ties are not undermining or making false accu9 sations against members of the Iraqi Security 

10 Forces; 

11 (E) eliminating militia control of local se12 curity; 

13 (F) establishing a strong militia disar14 mament program; 

15 (G) ensuring fair and just enforcement of 

16 laws; 

17 (H) establishing political, media, economic, 

18 and service committees in support of the Bagh19 dad Security Plan; 

20 (I) eradicating safe havens; 

21 (J) reducing the level of sectarian violence 

22 in Iraq; and 

23 (K) ensuring that the rights of minority 

24 political parties in the Iraqi Parliament are pro25 tected; and 


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1 (2) whether the Government of Iraq has— 

2 (A) enacted a broadly accepted hydro-car3 bon law that equitably shares oil revenues 

4 among all Iraqis; 

5 (B) adopted legislation necessary for the 

6 conduct of provincial and local elections, taken 

7 steps to implement such legislation, and set a 

8 schedule to conduct provincial and local elec9 tions; 

10 (C) reformed current laws governing the 

11 de-Baathification process to allow for more eq12 uitable treatment of individuals affected by 

13 such laws; 

14 (D) amended the Constitution of Iraq con15 sistent with the principles contained in article 

16 137 of such Constitution; and 

17 (E) allocated and begun expenditure of 

18 $10 billion in Iraqi revenues for reconstruction 

19 projects, including delivery of essential services, 

20 on an equitable basis. 

21 SEC. 1331. (a) LIMITATION ON AVAILABILITY OF

22 FUNDS.—None of the funds provided by chapter 2 shall 

23 be available for obligation or expenditure unless— 


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1 (1) the President submits to the Congress, on 

2 or before July 13, 2007, the report required by sec3 tion 1330; and 

4 (2) a joint resolution of approval is enacted into 

5 law. 

6 (b) JOINT RESOLUTION OF APPROVAL.—For pur7 poses of this section, the term ‘‘joint resolution of ap8 proval’’ means a joint resolution that is introduced by the 

9 chairman of the Committee on Appropriations of the 

10 House of Representatives or the Senate on the first legis11 lative day following the date on which the report of the 

12 President required by section 1330 is received by the Con13 gress, does not contain a preamble, and the sole matter 

14 after the resolving clause of which (other than as a result 

15 of the adoption of an amendment permitted under sub16 section (f)) is as follows: ‘‘That the Congress approves the 

17 obligation and expenditure of funds provided by chapter 

18 2 of title I of the U.S. Troop Readiness, Veterans’ Care, 

19 Katrina Recovery, and Iraq Accountability Appropriations 

20 Act, 2007.’’. 

21 (c) REFERRAL TO COMMITTEES.—A joint resolution 

22 of approval introduced in the House of Representatives 

23 shall be referred to the Committee on Appropriations of 

24 the House, and a joint resolution of approval introduced 


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1 in the Senate shall be referred to the Committee on Appro2 priations of the Senate. 

3 (d) CONSIDERATION BY COMMITTEES.—A joint reso4 lution of approval shall not be subject to amendment dur5 ing consideration by the Committee on Appropriations of 

6 the House of Representatives or the Senate. 

7 (e) DISCHARGE OF COMMITTEES.—If the committee 

8 of either House to which a joint resolution of approval has 

9 been referred has not reported the joint resolution at the 

10 end of 4 legislative days after its introduction, the com11 mittee shall be discharged from further consideration of 

12 the joint resolution, and the joint resolution shall be placed 

13 on the appropriate calendar of the House involved. 

14 (f) FLOOR CONSIDERATION IN HOUSE OF REP15 RESENTATIVES.—For purposes of the House of Rep16 resentatives: 

17 (1) IN GENERAL.—Not later than the second 

18 legislative day following the date on which the Com19 mittee on Appropriations has reported (or has been 

20 discharged from further consideration of) a joint res21 olution of approval, the Speaker shall, pursuant to 

22 clause 2(b) of rule XVIII, declare the House re23 solved into the Committee of the Whole House on 

24 the state of the Union for consideration of the joint 

25 resolution. The first reading of the joint resolution 


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1 shall be dispensed with. All points of order against 

2 the joint resolution and against its consideration 

3 shall be waived. General debate shall be confined to 

4 the joint resolution and shall not exceed 2 hours 

5 equally divided and controlled by the chairman and 

6 ranking minority member of the Committee on Ap7 propriations. After general debate, the joint resolu8 tion shall be considered for amendment under the 5- 

9 minute rule. No amendment to the joint resolution 

10 shall be in order, except the amendment specified in 

11 paragraph (2). Such amendment shall be considered 

12 as read, shall be debatable for 2 hours equally di13 vided and controlled by the proponent and an oppo14 nent, shall not be subject to amendment, and shall 

15 not be subject to a demand for division of the ques16 tion in the House or in the Committee of the Whole. 

17 All points of order against such amendment are 

18 waived. At the conclusion of consideration of the 

19 joint resolution for amendment, the Committee shall 

20 rise and report the joint resolution to the House 

21 with such amendment as may have been adopted. 

22 The previous question shall be considered as ordered 

23 on the joint resolution and amendment thereto to 

24 final passage without intervening motion. 


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1 (2) PERMITTED AMENDMENT.—The amend2 ment specified in paragraph (1) is an amendment 

3 the sole matter of which is as follows: providing that 

4 defense funding related to Iraq may only be used to 

5 plan and execute the redeployment of troops within 

6 180 days of enactment of the joint resolution of ap7 proval, with the exception of troops who are pro8 tecting American diplomatic facilities and American 

9 citizens (including members of the United States 

10 Armed Forces), serving in roles consistent with cus11 tomary diplomatic positions, engaging in targeted 

12 special actions limited in duration and scope to kill13 ing or capturing members of al-Qaeda and other ter14 rorist organizations with global reach, or training 

15 and equipping members of the Iraqi Security Forces. 

16 (3) PERMITTED MOTIONS.—During consider17 ation of a joint resolution of approval— 

18 (A) the Chairman of the Committee of the 

19 Whole may entertain a motion that the Com20 mittee rise only if offered by the chairman of 

21 the Committee on Appropriations or a designee; 

22 and 

23 (B) the Chairman of the Committee of the 

24 Whole may not entertain any motion to strike 


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1 out the resolving words of the joint resolution 

2 (as described in clause 9 of rule XVIII). 

3 (4) FURTHER CONSIDERATION.—If the Com4 mittee of the Whole rises and reports that it has 

5 come to no resolution on a joint resolution of ap6 proval, then on the next legislative day the House 

7 shall, immediately after the third daily order of busi8 ness under clause 1 of rule XIV, resolve into the 

9 Committee on the Whole for further consideration of 

10 the joint resolution. 

11 (5) APPEALS.—Appeals from the decisions of 

12 the Chair relating to the application of the rules of 

13 the House to the procedures relating to a joint reso14 lution of approval shall be decided without debate. 

15 (g) FLOOR CONSIDERATION IN SENATE.—For pur16 poses of the Senate: 

17 (1) IN GENERAL.—When the Committee on Ap18 propriations has reported (or has been discharged 

19 from further consideration of) a joint resolution of 

20 approval, it shall be in order (even though a previous 

21 motion to the same effect has been disagreed to) for 

22 any Senator to move to proceed to the consideration 

23 of the joint resolution. All points of order against 

24 the joint resolution (and against consideration of the 

25 joint resolution) shall be waived. The motion shall be 


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1 privileged and not debatable. The motion shall not 

2 be subject to amendment, a motion to postpone, or 

3 a motion to proceed to the consideration of other 

4 business. A motion to reconsider the vote by which 

5 the motion is agreed to or disagreed to shall not be 

6 in order. If a motion to proceed to the consideration 

7 of the joint resolution is agreed to, the joint resolu8 tion shall remain the unfinished business of the Sen9 ate until disposed of. 

10 (2) DEBATE.—Debate on a joint resolution of 

11 approval, and on all debatable motions and appeals 

12 in connection therewith, shall be limited to not more 

13 than 10 hours, which shall be equally divided and 

14 controlled by the chairman and ranking minority 

15 member of the Committee on Appropriations. A mo16 tion to further limit debate shall be in order and 

17 shall not be debatable, but such motion shall not be 

18 in order until after 5 hours of debate. An amend19 ment to the joint resolution shall not be in order. A 

20 motion to table, postpone, proceed to other business, 

21 or recommit the joint resolution shall not be in 

22 order. A motion to reconsider the vote by which the 

23 joint resolution is agreed to or disagreed to shall not 

24 be in order. 


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1 (3) FINAL PASSAGE.—Immediately following 

2 the conclusion of the debate on a joint resolution of 

3 approval, and a single quorum call at the conclusion 

4 of the debate if requested in accordance with the 

5 rules of the Senate, the vote on final passage of the 

6 joint resolution shall occur. 

7 (4) APPEALS.—Appeals from the decisions of 

8 the Chair relating to the application of the rules of 

9 the Senate relating to the procedures relating to a 

10 joint resolution of approval shall be decided without 

11 debate. 

12 (h) CONSIDERATION BY SENATE AFTER PASSAGE BY

13 HOUSE OF REPRESENTATIVES.— 

14 (1) PRIOR TO SENATE PASSAGE.—If, before 

15 passage by the Senate of a joint resolution of ap16 proval of the Senate, the Senate receives from the 

17 House of Representatives a joint resolution of ap18 proval, then the following procedures shall apply: 

19 (A) The joint resolution of the House shall 

20 not be referred to a committee. 

21 (B) With respect to a joint resolution of 

22 approval of the Senate— 

23 (i) the procedure in the Senate shall 

24 be the same as if no joint resolution had 

25 been received from the House; but 


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1 (ii) the vote on final passage shall be 

2 on the joint resolution of the House. 

3 (C) Upon disposition of the joint resolution 

4 received from the House, it shall no longer be 

5 in order to consider the joint resolution that 

6 originated in the Senate. 

7 (2) FOLLOWING SENATE PASSAGE.—If the Sen8 ate receives from the House of Representatives a 

9 joint resolution of approval after the Senate has dis10 posed of a Senate originated joint resolution, and 

11 the matter after the resolving clauses of the 2 joint 

12 resolutions are identical, the action of the Senate 

13 with regard to the disposition of the Senate origi14 nated joint resolution shall be deemed to be the ac15 tion of the Senate with regard to the House origi16 nated joint resolution. 

17 (i) RULES OF HOUSE OF REPRESENTATIVES AND

18 SENATE.—Subsections (b) through (h) are enacted by the 

19 Congress— 

20 (1) as an exercise of the rulemaking power of 

21 the House of Representatives and the Senate, re22 spectively, and as such is deemed a part of the rules 

23 of each House, respectively, and such procedures su24 persede other rules only to the extent that they are 

25 inconsistent with such other rules; and 


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1 (2) with the full recognition of the constitu2 tional right of either House to change the rules (so 

3 far as relating to the procedures of that House) at 

4 any time, in the same manner, and to the same ex5 tent as any other rule of that House. 

6 TITLE II—OTHER INTER7 NATIONAL AND SECURITY-RE8 LATED FUNDING 

9 CHAPTER 1 

10 DEPARTMENT OF JUSTICE 

11 LEGAL ACTIVITIES

12 SALARIES AND EXPENSES, GENERAL LEGAL ACTIVITIES

13 For an additional amount for ‘‘Salaries and Ex14 penses, General Legal Activities’’, $1,648,000, to remain 

15 available until September 30, 2008. 

16 SALARIES AND EXPENSES, UNITED STATES ATTORNEYS

17 For an additional amount for ‘‘Salaries and Ex18 penses, United States Attorneys’’, $5,000,000, to remain 

19 available until September 30, 2008. 

20 UNITED STATES MARSHALS SERVICE

21 SALARIES AND EXPENSES

22 For an additional amount for ‘‘Salaries and Ex23 penses’’, $6,450,000, to remain available until September 

24 30, 2008. 


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1 NATIONAL SECURITY DIVISION

2 SALARIES AND EXPENSES

3 For an additional amount for ‘‘Salaries and Ex4 penses’’, $1,736,000, to remain available until September 

5 30, 2008. 

6 FEDERAL BUREAU OF INVESTIGATION

7 SALARIES AND EXPENSES

8 For an additional amount for ‘‘Salaries and Ex9 penses’’, $268,000,000, of which $258,000,000 is to re10 main available until September 30, 2008 and $10,000,000 

11 is to remain available until expended to implement correc12 tive actions in response to the findings and recommenda13 tions in the Department of Justice Office of Inspector 

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

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

16 which $500,000 shall be transferred to and merged with 

17 ‘‘Department of Justice, Office of the Inspector General’’. 

18 DRUG ENFORCEMENT ADMINISTRATION

19 SALARIES AND EXPENSES

20 For an additional amount for ‘‘Salaries and Ex21 penses’’, $12,166,000, to remain available until September 

22 30, 2008. 


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1 BUREAU OF ALCOHOL, TOBACCO, FIREARMS AND

2 EXPLOSIVES

3 SALARIES AND EXPENSES

4 For an additional amount for ‘‘Salaries and Ex5 penses’’, $4,000,000, to remain available until September 

6 30, 2008. 

7 FEDERAL PRISON SYSTEM

8 SALARIES AND EXPENSES

9 For an additional amount for ‘‘Salaries and Ex10 penses’’, $17,000,000, to remain available until September 

11 30, 2008. 

12 CHAPTER 2 

13 DEPARTMENT OF ENERGY 

14 ATOMIC ENERGY DEFENSE ACTIVITIES 

15 NATIONAL NUCLEAR SECURITY ADMINISTRATION

16 DEFENSE NUCLEAR NONPROLIFERATION

17 For an additional amount for ‘‘Defense Nuclear Non18 proliferation’’, $150,000,000, to remain available until ex19 pended. 

20 GENERAL PROVISION—THIS CHAPTER 

21 (TRANSFER OF FUNDS)

22 SEC. 2201. The Administrator of the National Nu23 clear Security Administration is authorized to transfer up 

24 to $1,000,000 from Defense Nuclear Nonproliferation to 


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1 the Office of the Administrator during fiscal year 2007 

2 supporting nuclear nonproliferation activities. 

3 CHAPTER 3 

4 DEPARTMENT OF HOMELAND SECURITY 

5 ANALYSIS AND OPERATIONS

6 For an additional amount for ‘‘Analysis and Oper7 ations’’, $15,000,000, to remain available until September 

8 30, 2008, to be used for support of the State and Local 

9 Fusion Center program. 

10 UNITED STATES CUSTOMS AND BORDER PROTECTION

11 SALARIES AND EXPENSES

12 (INCLUDING TRANSFER OF FUNDS)

13 For an additional amount for ‘‘Salaries and Ex14 penses’’, $115,000,000, to remain available until Sep15 tember 30, 2008, to be used to increase the number of 

16 officers, intelligence analysts and support staff responsible 

17 for container security inspections, and for other efforts to 

18 improve supply chain security: Provided, That up to 

19 $5,000,000 shall be transferred to Federal Law Enforce20 ment Training Center ‘‘Salaries and Expenses’’, for basic 

21 training costs. 

22 AIR AND MARINE INTERDICTION, OPERATIONS, 

23 MAINTENANCE, AND PROCUREMENT

24 For an additional amount for ‘‘Air and Marine Inter25 diction, Operations, Maintenance, and Procurement’’, for 

26 air and marine operations on the Northern Border, includVerDate Aug 31 2005 23:48 May 14, 2007 Jkt 059200 PO 00000 Frm 00056 Fmt 6652 Sfmt 6201 E:\BILLS\H2206.PCS H2206

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1 ing the final Northern Border air wing, $120,000,000, to 

2 remain available until September 30, 2008. 

3 UNITED STATES IMMIGRATION AND CUSTOMS

4 ENFORCEMENT

5 SALARIES AND EXPENSES

6 For an additional amount for ‘‘Salaries and Ex7 penses’’, $10,000,000, to remain available until September 

8 30, 2008. 

9 TRANSPORTATION SECURITY ADMINISTRATION

10 AVIATION SECURITY

11 For an additional amount for ‘‘Aviation Security’’, 

12 $970,000,000; of which $815,000,000 shall be for pro13 curement and installation of checked baggage explosives 

14 detection systems, to remain available until expended; of 

15 which $45,000,000 shall be for expansion of checkpoint 

16 explosives detection pilot systems, to remain available until 

17 expended; and of which $110,000,000 shall be for air 

18 cargo security, to remain available until September 30, 

19 2009. 

20 FEDERAL AIR MARSHALS

21 For an additional amount for ‘‘Federal Air Mar22 shals’’, $8,000,000, to remain available until September 

23 30, 2008. 


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1 NATIONAL PROTECTION AND PROGRAMS

2 INFRASTRUCTURE PROTECTION AND INFORMATION

3 SECURITY

4 For an additional amount for ‘‘Infrastructure Protec5 tion and Information Security’’, $37,000,000, to remain 

6 available until September 30, 2008. 

7 OFFICE OF HEALTH AFFAIRS

8 For an additional amount for ‘‘Office of Health Af9 fairs’’ for nuclear event public health assessment and plan10 ning and other activities, $15,000,000, to remain available 

11 until September 30, 2008. 

12 FEDERAL EMERGENCY MANAGEMENT AGENCY

13 MANAGEMENT AND ADMINISTRATION

14 For expenses for management and administration of 

15 the Federal Emergency Management Agency, 

16 $25,000,000, to remain available until September 30, 

17 2008: Provided, That none of such funds made available 

18 under this heading may be obligated until the Committees 

19 on Appropriations of the Senate and the House of Rep20 resentatives receive and approve a plan for expenditure: 

21 Provided further, That unobligated amounts in the ‘‘Ad22 ministrative and Regional Operations’’ and ‘‘Readiness, 

23 Mitigation, Response, and Recovery’’ accounts shall be 

24 transferred to ‘‘Management and Administration’’ and 


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1 may be used for any purpose authorized for such amounts 

2 and subject to limitation on the use of such amounts. 

3 STATE AND LOCAL PROGRAMS

4 For an additional amount for ‘‘State and Local Pro5 grams’’, $552,500,000; of which $190,000,000 shall be for 

6 port security grants pursuant to section 70107(l) of title 

7 46, United States Code; of which $325,000,000 shall be 

8 for intercity rail passenger transportation, freight rail, and 

9 transit security grants; of which $35,000,000 shall be for 

10 regional grants and regional technical assistance to high 

11 risk urban areas for catastrophic event planning and pre12 paredness; and of which $2,500,000 shall be for technical 

13 assistance: Provided, That none of the funds made avail14 able under this heading may be obligated for such regional 

15 grants and regional technical assistance until the Commit16 tees on Appropriations of the Senate and the House of 

17 Representatives receive and approve a plan for expendi18 ture: Provided further, That funds for such regional grants 

19 and regional technical assistance shall remain available 

20 until September 30, 2008. 

21 EMERGENCY MANAGEMENT PERFORMANCE GRANTS

22 For an additional amount for ‘‘Emergency Manage23 ment Performance Grants’’, $100,000,000. 


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1 UNITED STATES CITIZENSHIP AND IMMIGRATION

2 SERVICES

3 For an additional amount for expenses of ‘‘United 

4 States Citizenship and Immigration Services’’ to address 

5 backlogs of security checks associated with pending appli6 cations and petitions, $10,000,000, to remain available 

7 until September 30, 2008: Provided, That none of the 

8 funds made available under this heading shall be available 

9 for obligation until the Secretary of Homeland Security, 

10 in consultation with the United States Attorney General, 

11 submits to the Committees on Appropriations of the Sen12 ate and the House of Representatives a plan to eliminate 

13 the backlog of security checks that establishes information 

14 sharing protocols to ensure United States Citizenship and 

15 Immigration Services has the information it needs to carry 

16 out its mission. 

17 SCIENCE AND TECHNOLOGY

18 RESEARCH, DEVELOPMENT, ACQUISITION, AND

19 OPERATIONS

20 For an additional amount for ‘‘Research, Develop21 ment, Acquisition, and Operations’’ for air cargo security 

22 research, $10,000,000, to remain available until expended. 


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1 DOMESTIC NUCLEAR DETECTION OFFICE

2 RESEARCH, DEVELOPMENT, AND OPERATIONS

3 For an additional amount for ‘‘Research, Develop4 ment, and Operations’’ for non-container, rail, aviation 

5 and intermodal radiation detection activities, 

6 $39,000,000, to remain available until expended. 

7 SYSTEMS ACQUISITION

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

9 $223,500,000, to remain available until expended: Pro10 vided, That none of the funds appropriated under this 

11 heading shall be obligated for full scale procurement of 

12 Advanced Spectroscopic Portal Monitors until the Sec13 retary of Homeland Security has certified through a re14 port to the Committees on Appropriations of the Senate 

15 and the House of Representatives that a significant in16 crease in operational effectiveness will be achieved. 

17 GENERAL PROVISIONS—THIS CHAPTER 

18 SEC. 2301. (a) AMENDMENTS.—Section 550 of the 

19 Department of Homeland Security Appropriations Act, 

20 2007 (6 U.S.C. 121 note) is amended by— 

21 (1) in subsection (c), by striking ‘‘consistent 

22 with similar’’ and inserting ‘‘identical to the protec23 tions given’’; 

24 (2) in subsection (c), by striking ‘‘, site security 

25 plans, and other information submitted to or ob26 tained by the Secretary under this section, and reVerDate Aug 31 2005 23:48 May 14, 2007 Jkt 059200 PO 00000 Frm 00061 Fmt 6652 Sfmt 6201 E:\BILLS\H2206.PCS H2206

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1 lated vulnerability or security information, shall be 

2 treated as if the information were classified mate3 rial’’ and inserting ‘‘and site security plans shall be 

4 treated as sensitive security information (as that 

5 term is used in section 1520.5 of title 49, Code of 

6 Federal Regulations, or any subsequent regulations 

7 relating to the same matter)’’; and 

8 (3) by adding at the end of the section the fol9 lowing: 

10 ‘‘(h) This section shall not preclude or deny any right 

11 of any State or political subdivision thereof to adopt or 

12 enforce any regulation, requirement, or standard of per13 formance with respect to chemical facility security that is 

14 more stringent than a regulation, requirement, or stand15 ard of performance issued under this section, or otherwise 

16 impair any right or jurisdiction of any State with respect 

17 to chemical facilities within that State.’’. 

18 (b) REGULATORY CLARIFICATION.—Not later than 

19 60 days after the date of the enactment of this division, 

20 the Secretary of Homeland Security shall update the regu21 lations administered by the Secretary that govern sensitive 

22 security information, including 49 CFR 1520, to ensure 

23 the protection of all information required to be protected 

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1 curity Appropriations Act, 2007 (6 U.S.C. 121 note), as 

2 amended by paragraph (a). 

3 SEC. 2302. None of the funds provided in this divi4 sion, or Public Law 109–295, shall be available to carry 

5 out section 872 of Public Law 107–296. 

6 SEC. 2303. The Secretary of Homeland Security shall 

7 require that all contracts of the Department of Homeland 

8 Security that provide award fees link such fees to success9 ful acquisition outcomes (which outcomes shall be speci10 fied in terms of cost, schedule, and performance). 

11 CHAPTER 4 

12 LEGISLATIVE BRANCH 

13 HOUSE OF REPRESENTATIVES 

14 SALARIES AND EXPENSES

15 For an additional amount for ‘‘Salaries and Ex16 penses’’, $6,437,000, as follows: 

17 ALLOWANCES AND EXPENSES

18 For an additional amount for allowances and ex19 penses as authorized by House resolution or law, 

20 $6,437,000 for business continuity and disaster recovery, 

21 to remain available until expended. 


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1 GOVERNMENT ACCOUNTABILITY OFFICE 

2 SALARIES AND EXPENSES

3 For an additional amount for ‘‘Salaries and Ex4 penses’’ of the Government Accountability Office, 

5 $374,000, to remain available until September 30, 2008. 

6 CHAPTER 5 

7 DEPARTMENT OF DEFENSE 

8 MILITARY CONSTRUCTION, ARMY

9 For an additional amount for ‘‘Military Construction, 

10 Army’’, $1,255,890,000, to remain available until Sep11 tember 30, 2008: Provided, That notwithstanding any 

12 other provision of law, such funds may be obligated and 

13 expended to carry out planning and design and military 

14 construction projects not otherwise authorized by law: 

15 Provided further, That of the funds provided under this 

16 heading, not to exceed $173,700,000 shall be available for 

17 study, planning, design, and architect and engineer serv18 ices: Provided further, That of the funds made available 

19 under this heading, $369,690,000 shall not be obligated 

20 or expended until the Secretary of Defense submits a de21 tailed report explaining how military road construction is 

22 coordinated with NATO and coalition nations: Provided 

23 further, That of the funds made available under this head24 ing, $401,700,000 shall not be obligated or expended until 

25 the Secretary of Defense submits a detailed stationing 


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1 plan to support Army end-strength growth to the Commit2 tees on Appropriations of the House of Representatives 

3 and Senate: Provided further, That of the funds provided 

4 under this heading, $274,800,000 shall not be obligated 

5 or expended until the Secretary of Defense certifies that 

6 none of the funds are to be used for the purpose of pro7 viding facilities for the permanent basing of United States 

8 military personnel in Iraq. 

9 MILITARY CONSTRUCTION, NAVY AND MARINE CORPS

10 For an additional amount for ‘‘Military Construction, 

11 Navy and Marine Corps’’, $370,990,000, to remain avail12 able until September 30, 2008: Provided, That notwith13 standing any other provision of law, such funds may be 

14 obligated and expended to carry out planning and design 

15 and military construction projects not otherwise author16 ized by law: Provided further, That of the funds provided 

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

18 available for study, planning, design, and architect and en19 gineer services: Provided further, That of the funds made 

20 available under this heading, $324,270,000 shall not be 

21 obligated or expended until the Secretary of Defense sub22 mits a detailed stationing plan to support Marine Corps 

23 end-strength growth to the Committees on Appropriations 

24 of the House of Representatives and Senate. 


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1 MILITARY CONSTRUCTION, AIR FORCE

2 For an additional amount for ‘‘Military Construction, 

3 Air Force’’, $43,300,000, to remain available until Sep4 tember 30, 2008: Provided, That notwithstanding any 

5 other provision of law, such funds may be obligated and 

6 expended to carry out planning and design and military 

7 construction projects not otherwise authorized by law: 

8 Provided further, That of the funds provided under this 

9 heading, not to exceed $3,000,000 shall be available for 

10 study, planning, design, and architect and engineer serv11 ices. 

12 DEPARTMENT OF DEFENSE BASE CLOSURE ACCOUNT

13 2005 

14 For deposit into the Department of Defense Base 

15 Closure Account 2005, established by section 2906A(a)(1) 

16 of the Defense Base Closure and Realignment Act of 1990 

17 (10 U.S.C. 2687 note), $3,136,802,000, to remain avail18 able until expended: Provided, That within 30 days of the 

19 enactment of this division, the Secretary of Defense shall 

20 submit a detailed spending plan to the Committees on Ap21 propriations of the House of Representatives and Senate. 

22 GENERAL PROVISIONS—THIS CHAPTER 

23 SEC. 2501. Notwithstanding any other provision of 

24 law, none of the funds in this or any other Act may be 

25 used to close Walter Reed Army Medical Center until 


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1 equivalent medical facilities at the Walter Reed National 

2 Military Medical Center at Naval Medical Center, Be3 thesda, Maryland, and/or the Fort Belvoir, Virginia, Com4 munity Hospital have been constructed and equipped: Pro5 vided, That to ensure that the quality of care provided 

6 by the Military Health System is not diminished during 

7 this transition, the Walter Reed Army Medical Center 

8 shall be adequately funded, to include necessary renova9 tion and maintenance of existing facilities, to maintain the 

10 maximum level of inpatient and outpatient services. 

11 SEC. 2502. Notwithstanding any other provision of 

12 law, none of the funds in this or any other Act shall be 

13 used to reorganize or relocate the functions of the Armed 

14 Forces Institute of Pathology (AFIP) until the Secretary 

15 of Defense has submitted, not later than December 31, 

16 2007, a detailed plan and timetable for the proposed reor17 ganization and relocation to the Committees on Appro18 priations and Armed Services of the Senate and House 

19 of Representatives. The plan shall take into consideration 

20 the recommendations of a study being prepared by the 

21 Government Accountability Office (GAO), provided that 

22 such study is available not later than 45 days before the 

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

24 selected functions of AFIP among several locations, and 

25 the possibility of consolidating those functions at one locaVerDate Aug 31 2005 23:48 May 14, 2007 Jkt 059200 PO 00000 Frm 00067 Fmt 6652 Sfmt 6201 E:\BILLS\H2206.PCS H2206

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1 tion. The plan shall include an analysis of the options for 

2 the location and operation of the Program Management 

3 Office for second opinion consults that are consistent with 

4 the recommendations of the Base Realignment and Clo5 sure Commission, together with the rationale for the op6 tion selected by the Secretary. 

7 CHAPTER 6 

8 DEPARTMENT OF STATE AND RELATED 

9 AGENCY 

10 DEPARTMENT OF STATE 

11 ADMINISTRATION OF FOREIGN AFFAIRS

12 DIPLOMATIC AND CONSULAR PROGRAMS

13 (INCLUDING TRANSFER OF FUNDS)

14 For an additional amount for ‘‘Diplomatic and Con15 sular Programs’’, $870,658,000, to remain available until 

16 September 30, 2008, of which $96,500,000 for World 

17 Wide Security Upgrades is available until expended: Pro18 vided, That of the funds appropriated under this heading, 

19 not more than $20,000,000 shall be made available for 

20 public diplomacy programs: Provided further, That prior 

21 to the obligation of funds pursuant to the previous proviso, 

22 the Secretary of State shall submit a report to the Com23 mittees on Appropriations describing a comprehensive 

24 public diplomacy strategy, with goals and expected results, 

25 for fiscal years 2007 and 2008: Provided further, That of 

26 the amount available under this heading, $258,000 shall 


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1 be transferred to, and merged with, funds available in fis2 cal year 2007 for expenses for the United States Commis3 sion on International Religious Freedom: Provided further, 

4 That 20 percent of the amount available for Iraq oper5 ations shall not be obligated until the Committees on Ap6 propriations receive and approve a detailed plan for ex7 penditure, prepared by the Secretary of State, and sub8 mitted within 60 days after the date of enactment of this 

9 division: Provided further, That within 15 days of enact10 ment of this division, the Office of Management and 

11 Budget shall apportion $15,000,000 from amounts appro12 priated or otherwise made available by chapter 8 of title 

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

14 ‘‘Emergencies in the Diplomatic and Consular Service’’ for 

15 emergency evacuations: Provided further, That of the 

16 amount made available under this heading for Iraq, not 

17 to exceed $20,000,000 may be transferred to, and merged 

18 with, funds in the ‘‘Emergencies in the Diplomatic and 

19 Consular Service’’ appropriations account, to be available 

20 only for terrorism rewards. 

21 OFFICE OF THE INSPECTOR GENERAL

22 (INCLUDING TRANSFER OF FUNDS)

23 For an additional amount for ‘‘Office of Inspector 

24 General’’, $36,500,000, to remain available until Decem25 ber 31, 2008: Provided, That $35,000,000 shall be transVerDate Aug 31 2005 23:48 May 14, 2007 Jkt 059200 PO 00000 Frm 00069 Fmt 6652 Sfmt 6201 E:\BILLS\H2206.PCS H2206

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1 ferred to the Special Inspector General for Iraq Recon2 struction for reconstruction oversight. 

3 EDUCATIONAL AND CULTURAL EXCHANGE PROGRAMS

4 For an additional amount for ‘‘Educational and Cul5 tural Exchange Programs’’, $20,000,000, to remain avail6 able until expended. 

7 INTERNATIONAL ORGANIZATIONS

8 CONTRIBUTIONS TO INTERNATIONAL ORGANIZATIONS

9 For an additional amount for ‘‘Contributions to 

10 International Organizations’’, $50,000,000, to remain 

11 available until September 30, 2008. 

12 CONTRIBUTIONS FOR INTERNATIONAL PEACEKEEPING

13 ACTIVITIES

14 For an additional amount for ‘‘Contributions for 

15 International Peacekeeping Activities’’, $288,000,000, to 

16 remain available until September 30, 2008. 

17 RELATED AGENCY 

18 BROADCASTING BOARD OF GOVERNORS

19 INTERNATIONAL BROADCASTING OPERATIONS

20 For an additional amount for ‘‘International Broad21 casting Operations’’ for activities related to broadcasting 

22 to the Middle East, $10,000,000, to remain available until 

23 September 30, 2008. 


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1 BILATERAL ECONOMIC ASSISTANCE 

2 FUNDS APPROPRIATED TO THE PRESIDENT

3 UNITED STATES AGENCY FOR INTERNATIONAL

4 DEVELOPMENT

5 CHILD SURVIVAL AND HEALTH PROGRAMS FUND

6 (INCLUDING TRANSFER OF FUNDS)

7 For an additional amount for ‘‘Child Survival and 

8 Health Programs Fund’’, $161,000,000, to remain avail9 able until September 30, 2008: Provided, That notwith10 standing any other provision of law, if the President deter11 mines and reports to the Committees on Appropriations 

12 that the human-to-human transmission of the avian influ13 enza virus is efficient and sustained, and is spreading 

14 internationally, funds made available under the heading 

15 ‘‘Millennium Challenge Corporation’’ and ‘‘Global HIV/ 

16 AIDS Initiative’’ in prior Acts making appropriations for 

17 foreign operations, export financing, and related programs 

18 may be transferred to, and merged with, funds made avail19 able under this heading to combat avian influenza: Pro20 vided further, That funds made available pursuant to the 

21 authority of the previous proviso shall be subject to the 

22 regular notification procedures of the Committees on Ap23 propriations. 


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1 INTERNATIONAL DISASTER AND FAMINE ASSISTANCE

2 For an additional amount for ‘‘International Disaster 

3 and Famine Assistance’’, $165,000,000, to remain avail4 able until expended. 

5 OPERATING EXPENSES OF THE UNITED STATES AGENCY

6 FOR INTERNATIONAL DEVELOPMENT

7 For an additional amount for ‘‘Operating Expenses 

8 of the United States Agency for International Develop9 ment’’, $8,700,000, to remain available until September 

10 30, 2008. 

11 OPERATING EXPENSES OF THE UNITED STATES AGENCY

12 FOR INTERNATIONAL DEVELOPMENT OFFICE OF IN13 SPECTOR GENERAL

14 For an additional amount for ‘‘Operating Expenses 

15 of the United States Agency for International Develop16 ment Office of Inspector General’’, $3,500,000, to remain 

17 available until September 30, 2008. 

18 OTHER BILATERAL ECONOMIC ASSISTANCE

19 ECONOMIC SUPPORT FUND

20 For an additional amount for ‘‘Economic Support 

21 Fund’’, $2,649,300,000, to remain available until Sep22 tember 30, 2008: Provided, That of the funds appro23 priated under this heading, $57,400,000 shall be made 

24 available to nongovernmental organizations in Iraq for 

25 economic and social development programs and activities 

26 in areas of conflict: Provided further, That the responsiVerDate Aug 31 2005 23:48 May 14, 2007 Jkt 059200 PO 00000 Frm 00072 Fmt 6652 Sfmt 6201 E:\BILLS\H2206.PCS H2206

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1 bility for policy decisions and justifications for the use of 

2 funds appropriated by the previous proviso shall be the 

3 responsibility of the United States Chief of Mission in 

4 Iraq: Provided further, That none of the funds appro5 priated under this heading in this division or in prior Acts 

6 making appropriations for foreign operations, export fi7 nancing, and related programs may be made available for 

8 the Political Participation Fund and the National Institu9 tions Fund: Provided further, That of the funds made 

10 available under the heading ‘‘Economic Support Fund’’ in 

11 Public Law 109–234 for Iraq to promote democracy, rule 

12 of law and reconciliation, $2,000,000 should be made 

13 available for the United States Institute of Peace for pro14 grams and activities in Afghanistan to remain available 

15 until September 30, 2008. 

16 ASSISTANCE FOR EASTERN EUROPE AND THE BALTIC

17 STATES

18 For an additional amount for ‘‘Assistance for East19 ern Europe and the Baltic States’’, $229,000,000, to re20 main available until September 30, 2008, for assistance 

21 for Kosovo. 

22 DEPARTMENT OF STATE

23 DEMOCRACY FUND

24 For an additional amount for ‘‘Democracy Fund’’, 

25 $260,000,000, to remain available until September 30, 

26 2008: Provided, That of the funds appropriated under this 


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1 heading, not less than $190,000,000 shall be made avail2 able for the Human Rights and Democracy Fund of the 

3 Bureau of Democracy, Human Rights, and Labor, De4 partment of State, and not less than $60,000,000 shall 

5 be made available for the United States Agency for Inter6 national Development, for democracy, human rights and 

7 rule of law programs in Iraq: Provided further, That not 

8 later than 60 days after enactment of this division, the 

9 Secretary of State shall submit a report to the Committees 

10 on Appropriations describing a comprehensive, long-term 

11 strategy, with goals and expected results, for strength12 ening and advancing democracy in Iraq. 

13 INTERNATIONAL NARCOTICS CONTROL AND LAW

14 ENFORCEMENT

15 (INCLUDING RESCISSION OF FUNDS)

16 For an additional amount for ‘‘International Nar17 cotics Control and Law Enforcement’’, $257,000,000, to 

18 remain available until September 30, 2008. 

19 Of the amounts made available for procurement of 

20 a maritime patrol aircraft for the Colombian Navy under 

21 this heading in Public Law 109–234, $13,000,000 are re22 scinded. 

23 MIGRATION AND REFUGEE ASSISTANCE

24 For an additional amount for ‘‘Migration and Ref25 ugee Assistance’’, $130,500,000, to remain available until 


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1 September 30, 2008, of which not less than $5,000,000 

2 shall be made available to rescue Iraqi scholars. 

3 UNITED STATES EMERGENCY REFUGEE AND MIGRATION

4 ASSISTANCE FUND

5 For an additional amount for ‘‘United States Emer6 gency Refugee and Migration Assistance Fund’’, 

7 $55,000,000, to remain available until expended. 

8 NONPROLIFERATION, ANTI-TERRORISM, DEMINING AND

9 RELATED PROGRAMS

10 For an additional amount for ‘‘Nonproliferation, 

11 Anti-Terrorism, Demining and Related Programs’’, 

12 $57,500,000, to remain available until September 30, 

13 2008. 

14 DEPARTMENT OF THE TREASURY

15 INTERNATIONAL AFFAIRS TECHNICAL ASSISTANCE

16 For an additional amount for ‘‘International Affairs 

17 Technical Assistance’’, $2,750,000, to remain available 

18 until September 30, 2008. 

19 MILITARY ASSISTANCE 

20 FUNDS APPROPRIATED TO THE PRESIDENT

21 FOREIGN MILITARY FINANCING PROGRAM

22 For an additional amount for ‘‘Foreign Military Fi23 nancing Program’’, $265,000,000, to remain available 

24 until September 30, 2008. 


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1 PEACEKEEPING OPERATIONS

2 For an additional amount for ‘‘Peacekeeping Oper3 ations’’, $230,000,000, to remain available until Sep4 tember 30, 2008: Provided, That of the funds appro5 priated under this heading, not less than $40,000,000 

6 shall be made available, notwithstanding section 660 of 

7 the Foreign Assistance Act of 1961, for assistance for Li8 beria for security sector reform: Provided further, That not 

9 later than 30 days after enactment of this division and 

10 every 30 days thereafter until September 30, 2008, the 

11 Secretary of State shall submit a report to the Committees 

12 on Appropriations detailing the obligation and expenditure 

13 of funds made available under this heading in this division 

14 and in prior Acts making appropriations for foreign oper15 ations, export financing, and related programs. 

16 GENERAL PROVISIONS—THIS CHAPTER 

17 AUTHORIZATION OF FUNDS

18 SEC. 2601. Funds appropriated by this title may be 

19 obligated and expended notwithstanding section 10 of 

20 Public Law 91–672 (22 U.S.C. 2412), section 15 of the 

21 State Department Basic Authorities Act of 1956 (22 

22 U.S.C. 2680), section 313 of the Foreign Relations Au23 thorization Act, Fiscal Years 1994 and 1995 (22 U.S.C. 

24 6212), and section 504(a)(1) of the National Security Act 

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


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1 EXTENSION OF OVERSIGHT AUTHORITY

2 SEC. 2602. Section 3001(o)(1)(B) of the Emergency 

3 Supplemental Appropriations Act for Defense and for the 

4 Reconstruction of Iraq and Afghanistan, 2004 (Public 

5 Law 108–106; 117 Stat. 1238; 5 U.S.C. App., note to sec6 tion 8G of Public Law 95–452), as amended by section 

7 1054(b) of the John Warner National Defense Authoriza8 tion Act for Fiscal Year 2007 (Public Law 109–364; 120 

9 Stat. 2397) and section 2 of the Iraq Reconstruction Ac10 countability Act of 2006 (Public Law 109–440), is amend11 ed by inserting ‘‘or fiscal year 2007’’ after ‘‘fiscal year 

12 2006’’. 

13 LEBANON

14 SEC. 2603. (a) LIMITATION ON ECONOMIC SUPPORT

15 FUND ASSISTANCE FOR LEBANON.—None of the funds 

16 made available in this division under the heading ‘‘Eco17 nomic Support Fund’’ for cash transfer assistance for the 

18 Government of Lebanon may be made available for obliga19 tion until the Secretary of State reports to the Committees 

20 on Appropriations on Lebanon’s economic reform plan and 

21 on the specific conditions and verifiable benchmarks that 

22 have been agreed upon by the United States and the Gov23 ernment of Lebanon pursuant to the Memorandum of Un24 derstanding on cash transfer assistance for Lebanon. 

25 (b) LIMITATION ON FOREIGN MILITARY FINANCING

26 PROGRAM AND INTERNATIONAL NARCOTICS CONTROL


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1 AND LAW ENFORCEMENT ASSISTANCE FOR LEBANON.— 

2 None of the funds made available in this division under 

3 the heading ‘‘Foreign Military Financing Program’’ or 

4 ‘‘International Narcotics Control and Law Enforcement’’ 

5 for military or police assistance to Lebanon may be made 

6 available for obligation until the Secretary of State sub7 mits to the Committees on Appropriations a report on pro8 cedures established to determine eligibility of members 

9 and units of the armed forces and police forces of Lebanon 

10 to participate in United States training and assistance 

11 programs and on the end use monitoring of all equipment 

12 provided under such programs to the Lebanese armed 

13 forces and police forces. 

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

15 obligation of funds made available in this division for as16 sistance for Lebanon under the headings ‘‘Foreign Mili17 tary Financing Program’’ and ‘‘Nonproliferation, Anti18 Terrorism, Demining and Related Programs’’, the Sec19 retary of State shall certify to the Committees on Appro20 priations that all practicable efforts have been made to 

21 ensure that such assistance is not provided to or through 

22 any individual, or private or government entity, that advo23 cates, plans, sponsors, engages in, or has engaged in, ter24 rorist activity. 


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1 (d) REPORT REQUIRED.—Not later than 45 days 

2 after the date of the enactment of this division, the Sec3 retary of State shall submit to the Committees on Appro4 priations a report on the Government of Lebanon’s actions 

5 to implement section 14 of United Nations Security Coun6 cil Resolution 1701 (August 11, 2006). 

7 (e) SPECIAL AUTHORITY.—This section shall be ef8 fective notwithstanding section 534(a) of Public Law 109– 

9 102, which is made applicable to funds appropriated for 

10 fiscal year 2007 by the Continuing Appropriations Resolu11 tion, 2007 (division B of Public Law 109–289, as amend12 ed by Public Law 110–5). 

13 DEBT RESTRUCTURING

14 SEC. 2604. Amounts appropriated for fiscal year 

15 2007 for ‘‘Bilateral Economic Assistance—Department of 

16 the Treasury—Debt Restructuring’’ may be used to assist 

17 Liberia in retiring its debt arrearages to the International 

18 Monetary Fund, the International Bank for Reconstruc19 tion and Development, and the African Development 

20 Bank. 

21 GOVERNMENT ACCOUNTABILITY OFFICE

22 SEC. 2605. To facilitate effective oversight of pro23 grams and activities in Iraq by the Government Account24 ability Office (GAO), the Department of State shall pro25 vide GAO staff members the country clearances, life sup26 port, and logistical and security support necessary for 


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1 GAO personnel to establish a presence in Iraq for periods 

2 of not less than 45 days. 

3 HUMAN RIGHTS AND DEMOCRACY FUND

4 SEC. 2606. The Assistant Secretary of State for De5 mocracy, Human Rights, and Labor shall be responsible 

6 for all policy, funding, and programming decisions regard7 ing funds made available under this division and prior 

8 Acts making appropriations for foreign operations, export 

9 financing and related programs for the Human Rights and 

10 Democracy Fund of the Bureau of Democracy, Human 

11 Rights, and Labor. 

12 INSPECTOR GENERAL OVERSIGHT OF IRAQ AND

13 AFGHANISTAN

14 SEC. 2607. (a) IN GENERAL.—Subject to paragraph 

15 (2), the Inspector General of the Department of State and 

16 the Broadcasting Board of Governors (referred to in this 

17 section as the ‘‘Inspector General’’) may use personal 

18 services contracts to engage citizens of the United States 

19 to facilitate and support the Office of the Inspector Gen20 eral’s oversight of programs and operations related to Iraq 

21 and Afghanistan. Individuals engaged by contract to per22 form such services shall not, by virtue of such contract, 

23 be considered to be employees of the United States Gov24 ernment for purposes of any law administered by the Of25 fice of Personnel Management. The Secretary of State 

26 may determine the applicability to such individuals of any 


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1 law administered by the Secretary concerning the perform2 ance of such services by such individuals. 

3 (b) CONDITIONS.—The authority under paragraph 

4 (1) is subject to the following conditions: 

5 (1) The Inspector General determines that ex6 isting personnel resources are insufficient. 

7 (2) The contract length for a personal services 

8 contractor, including options, may not exceed 1 year, 

9 unless the Inspector General makes a finding that 

10 exceptional circumstances justify an extension of up 

11 to 1 additional year. 

12 (3) Not more than 10 individuals may be em13 ployed at any time as personal services contractors 

14 under the program. 

15 (c) TERMINATION OF AUTHORITY.—The authority to 

16 award personal services contracts under this section shall 

17 terminate on December 31, 2007. A contract entered into 

18 prior to the termination date under this paragraph may 

19 remain in effect until not later than December 31, 2009. 

20 (d) OTHER AUTHORITIES NOT AFFECTED.—The au21 thority under this section is in addition to any other au22 thority of the Inspector General to hire personal services 

23 contractors. 

24 FUNDING TABLES

25 SEC. 2608. (a) Funds provided in this division for 

26 the following accounts shall be made available for proVerDate Aug 31 2005 23:48 May 14, 2007 Jkt 059200 PO 00000 Frm 00081 Fmt 6652 Sfmt 6201 E:\BILLS\H2206.PCS H2206

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1 grams and countries in the amounts contained in the re2 spective tables included in the joint explanatory statement 

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

4 110th Congress (H. Rept. 110–107): 

5 ‘‘Diplomatic and Consular Programs’’. 

6 ‘‘Economic Support Fund’’. 

7 ‘‘Democracy Fund’’. 

8 ‘‘International Narcotics Control and Law En9 forcement’’. 

10 ‘‘Migration and Refugee Assistance’’. 

11 (b) Any proposed increases or decreases to the 

12 amounts contained in the tables in the accompanying re13 port shall be subject to the regular notification procedures 

14 of the Committees on Appropriations and section 634A 

15 of the Foreign Assistance Act of 1961. 

16 SPENDING PLAN AND NOTIFICATION PROCEDURES

17 SEC. 2609. Not later than 45 days after enactment 

18 of this division the Secretary of State shall submit to the 

19 Committees on Appropriations a report detailing planned 

20 expenditures for funds appropriated under the headings 

21 in this chapter, except for funds appropriated under the 

22 heading ‘‘International Disaster and Famine Assistance’’: 

23 Provided, That funds appropriated under the headings in 

24 this chapter, except for funds appropriated under the 

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1 ular notification procedures of the Committees on Appro2 priations. 

3 CONDITIONS ON ASSISTANCE FOR PAKISTAN

4 SEC. 2610. None of the funds made available for as5 sistance for the central Government of Pakistan under the 

6 heading ‘‘Economic Support Fund’’ in this title may be 

7 made available for non-project assistance until the Sec8 retary of State submits to the Committees on Appropria9 tions a report on the oversight mechanisms, performance 

10 benchmarks, and implementation processes for such 

11 funds: Provided, That notwithstanding any other provision 

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

13 pursuant to the previous proviso shall be subject to the 

14 regular notification procedures of the Committees on Ap15 propriations: Provided further, That of the funds made 

16 available for assistance for Pakistan under the heading 

17 ‘‘Economic Support Fund’’ in this title, $5,000,000 shall 

18 be made available for the Human Rights and Democracy 

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

20 Labor, Department of State, for political party develop21 ment and election observation programs. 

22 CIVILIAN RESERVE CORPS

23 SEC. 2611. Of the funds appropriated by this division 

24 under the heading ‘‘Diplomatic and Consular Programs’’, 

25 up to $50,000,000 may be made available to support and 

26 maintain a civilian reserve corps: Provided, That none of 


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1 the funds for a civilian reserve corps may be obligated 

2 without specific authorization in a subsequent Act of Con3 gress: Provided further, That funds made available under 

4 this section shall be subject to the regular notification pro5 cedures of the Committees on Appropriations. 

6 COORDINATOR FOR IRAQ ASSISTANCE

7 SEC. 2612. (a) COORDINATOR FOR IRAQ ASSIST8 ANCE.—Not later than 30 days after the date of the enact9 ment of this division, the President shall appoint a Coordi10 nator for Iraq Assistance (hereinafter in this section re11 ferred to as the ‘‘Coordinator’’), by and with the advice 

12 and consent of the Senate, who shall report directly to the 

13 President. 

14 (b) DUTIES.—The Coordinator shall be responsible 

15 for— 

16 (1) developing and implementing an overall 

17 strategy for political, economic, and military assist18 ance for Iraq; 

19 (2) coordinating and ensuring coherence of Iraq 

20 assistance programs and policy among all depart21 ments and agencies of the Government of the United 

22 States that are implementing assistance programs in 

23 Iraq, including the Department of State, the United 

24 States Agency for International Development, the 

25 Department of Defense, the Department of the 

26 Treasury, and the Department of Justice; 


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1 (3) working with the Government of Iraq in 

2 meeting the benchmarks described in section 

3 1904(a) of this division in order to ensure Iraq con4 tinues to be eligible to receive United States assist5 ance described in such section; 

6 (4) coordinating with other donors and inter7 national organizations that are providing assistance 

8 for Iraq; 

9 (5) ensuring adequate management and ac10 countability of United States assistance programs 

11 for Iraq; 

12 (6) resolving policy and program disputes 

13 among departments and agencies of the United 

14 States Government that are implementing assistance 

15 programs in Iraq; and 

16 (7) coordinating United States assistance pro17 grams with the reconstruction programs funded and 

18 implemented by the Government of Iraq. 

19 (c) RANK AND STATUS.—The Coordinator shall have 

20 the rank and status of ambassador. 


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1 CHAPTER 7 

2 DEPARTMENT OF AGRICULTURE 

3 FOREIGN AGRICULTURAL SERVICE

4 PUBLIC LAW 480 TITLE II GRANTS

5 For an additional amount for ‘‘Public Law 480 Title 

6 II Grants’’, during the current fiscal year, not otherwise 

7 recoverable, and unrecovered prior years’ costs, including 

8 interest thereon, under the Agricultural Trade Develop9 ment and Assistance Act of 1954, for commodities sup10 plied in connection with dispositions abroad under title II 

11 of said Act, $460,000,000, to remain available until ex12 pended. 

13 GENERAL PROVISION—THIS CHAPTER 

14 SEC. 2701. There is hereby appropriated 

15 $40,000,000 to reimburse the Commodity Credit Corpora16 tion for the release of eligible commodities under section 

17 302(f)(2)(A) of the Bill Emerson Humanitarian Trust Act 

18 (7 U.S.C. 1736f–1): Provided, That any such funds made 

19 available to reimburse the Commodity Credit Corporation 

20 shall only be used to replenish the Bill Emerson Humani21 tarian Trust. 


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1 TITLE III—ADDITIONAL HURRI2 CANE DISASTER RELIEF AND 

3 RECOVERY 

4 CHAPTER 1 

5 DEPARTMENT OF AGRICULTURE 

6 GENERAL PROVISION—THIS CHAPTER 

7 SEC. 3101. Section 1231(k)(2) of the Food Security 

8 Act of 1985 (16 U.S.C. 3831(k)(2)) is amended by strik9 ing ‘‘During calendar year 2006, the’’ and inserting 

10 ‘‘The’’. 

11 CHAPTER 2 

12 DEPARTMENT OF JUSTICE 

13 OFFICE OF JUSTICE PROGRAMS

14 STATE AND LOCAL LAW ENFORCEMENT ASSISTANCE

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

16 Enforcement Assistance’’, for discretionary grants author17 ized by subpart 2 of part E, of title I of the Omnibus 

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

19 on September 30, 2006, notwithstanding the provisions of 

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

21 until expended: Provided, That the amount made available 

22 under this heading shall be for local law enforcement ini23 tiatives in the Gulf Coast region related to the aftermath 

24 of Hurricanes Katrina and Rita: Provided further, That 

25 these funds shall be apportioned among the States in 


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

2 Federal Bureau of Investigation’s Uniform Crime Report 

3 for the year 2005. 

4 DEPARTMENT OF COMMERCE 

5 NATIONAL OCEANIC AND ATMOSPHERIC

6 ADMINISTRATION

7 OPERATIONS, RESEARCH, AND FACILITIES

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

9 and Facilities’’, for necessary expenses related to the con10 sequences of Hurricanes Katrina and Rita on the shrimp 

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

12 until September 30, 2008. 

13 NATIONAL AERONAUTICS AND SPACE 

14 ADMINISTRATION 

15 EXPLORATION CAPABILITIES

16 For an additional amount for ‘‘Exploration Capabili17 ties’’ for necessary expenses related to the consequences 

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

19 until September 30, 2009. 

20 GENERAL PROVISION—THIS CHAPTER 

21 SEC. 3201. Up to $48,000,000 of amounts made 

22 available to the National Aeronautics and Space Adminis23 tration in Public Law 109–148 and Public Law 109–234 

24 for emergency hurricane and other natural disaster-reVerDate Aug 31 2005 23:48 May 14, 2007 Jkt 059200 PO 00000 Frm 00088 Fmt 6652 Sfmt 6201 E:\BILLS\H2206.PCS H2206

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1 lated expenses may be used to reimburse hurricane-related 

2 costs incurred by NASA in fiscal year 2005. 

3 CHAPTER 3 

4 DEPARTMENT OF DEFENSE—CIVIL 

5 DEPARTMENT OF THE ARMY 

6 CORPS OF ENGINEERS—CIVIL

7 CONSTRUCTION

8 For an additional amount for ‘‘Construction’’ for nec9 essary expenses related to the consequences of Hurricane 

10 Katrina and other hurricanes of the 2005 season, 

11 $25,300,000, to remain available until expended, which 

12 may be used to continue construction of projects related 

13 to interior drainage for the greater New Orleans metro14 politan area. 

15 FLOOD CONTROL AND COASTAL EMERGENCIES

16 For an additional amount for ‘‘Flood Control and 

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

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

19 expenses relating to the consequences of Hurricanes 

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

21 to remain available until expended: Provided, That 

22 $1,300,000,000 of the amount provided may be used by 

23 the Secretary of the Army to carry out projects and meas24 ures for the West Bank and Vicinity and Lake 

25 Ponchartrain and Vicinity, Louisiana, projects, as de26 scribed under the heading ‘‘Flood Control and Coastal 


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1 Emergencies’’, in chapter 3 of Public Law 109–148: Pro2 vided further, That $107,700,000 of the amount provided 

3 may be used to implement the projects for hurricane storm 

4 damage reduction, flood damage reduction, and ecosystem 

5 restoration within Hancock, Harrison, and Jackson Coun6 ties, Mississippi substantially in accordance with the Re7 port of the Chief of Engineers dated December 31, 2006, 

8 and entitled ‘‘Mississippi, Coastal Improvements Program 

9 Interim Report, Hancock, Harrison, and Jackson Coun10 ties, Mississippi’’: Provided further, That projects author11 ized for implementation under this Chief’s report shall be 

12 carried out at full Federal expense, except that the non13 Federal interests shall be responsible for providing for all 

14 costs associated with operation and maintenance of the 

15 project: Provided further, That any project using funds ap16 propriated under this heading shall be initiated only after 

17 non-Federal interests have entered into binding agree18 ments with the Secretary requiring the non-Federal inter19 ests to pay 100 percent of the operation, maintenance, re20 pair, replacement, and rehabilitation costs of the project 

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

22 due to the construction or operation and maintenance of 

23 the project, except for damages due to the fault or neg24 ligence of the United States or its contractors: Provided 

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


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1 Assistant Secretary of the Army for Civil Works, shall pro2 vide a monthly report to the House and Senate Commit3 tees on Appropriations detailing the allocation and obliga4 tion of these funds, beginning not later than 60 days after 

5 enactment of this division. 

6 GENERAL PROVISIONS—THIS CHAPTER 

7 SEC. 3301. The Secretary is authorized and directed 

8 to determine the value of eligible reimbursable expenses 

9 incurred by local governments in storm-proofing pumping 

10 stations, constructing safe houses for operators, and other 

11 interim flood control measures in and around the New Or12 leans metropolitan area that the Secretary determines to 

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

14 stations during hurricanes, storms and high water events 

15 and the flood control plan for the area. 

16 SEC. 3302. (a) The Secretary of the Army is author17 ized and directed to utilize funds remaining available for 

18 obligation from the amounts appropriated in chapter 3 of 

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

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

21 Orleans metropolitan area to prosecute these projects in 

22 a manner which promotes the goal of continuing work at 

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

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

25 damage to people and property. 


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1 (b) The expenditure of funds as provided in sub2 section (a) may be made without regard to individual 

3 amounts or purposes specified in chapter 3 of Public Law 

4 109–234. 

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

6 accomplish the goal established in subsection (a) are au7 thorized, subject to the approval of the House and Senate 

8 Committees on Appropriation. 

9 SEC. 3303. The Chief of Engineers shall investigate 

10 the overall technical advantages, disadvantages and oper11 ational effectiveness of operating the new pumping sta12 tions at the mouths of the 17th Street, Orleans Avenue 

13 and London Avenue canals in the New Orleans area di14 rected for construction in Public Law 109–234 concur15 rently or in series with existing pumping stations serving 

16 these canals and the advantages, disadvantages and tech17 nical operational effectiveness of removing the existing 

18 pumping stations and configuring the new pumping sta19 tions and associated canals to handle all needed dis20 charges; and the advantages, disadvantages and technical 

21 operational effectiveness of replacing or improving the 

22 floodwalls and levees adjacent to the three outfall canals: 

23 Provided, That the analysis should be conducted at Fed24 eral expense: Provided further, That the analysis shall be 


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1 completed and furnished to the Congress not later than 

2 three months after enactment of this division. 

3 SEC. 3304. Using funds made available in Chapter 

4 3 under title II of Public Law 109–234, under the heading 

5 ‘‘Investigations’’, the Secretary of the Army, in consulta6 tion with other agencies and the State of Louisiana shall 

7 accelerate completion as practicable the final report of the 

8 Chief of Engineers recommending a comprehensive plan 

9 to deauthorize deep draft navigation on the Mississippi 

10 River Gulf Outlet: Provided, That the plan shall incor11 porate and build upon the Interim Mississippi River Gulf 

12 Outlet Deep-Draft De-Authorization Report submitted to 

13 Congress in December 2006 pursuant to Public Law 109– 

14 234. 

15 CHAPTER 4 

16 SMALL BUSINESS ADMINISTRATION 

17 DISASTER LOANS PROGRAM ACCOUNT

18 (INCLUDING TRANSFER OF FUNDS)

19 Of the unobligated balances under the heading 

20 ‘‘Small Business Administration, Disaster Loans Program 

21 Account’’, $25,069,000, to remain available until ex22 pended, shall be used for administrative expenses to carry 

23 out the disaster loan program, which may be transferred 

24 to and merged with ‘‘Small Business Administration, Sal25 aries and Expenses’’. 


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1 Of the unobligated balances under the heading 

2 ‘‘Small Business Administration, Disaster Loans Program 

3 Account’’, $25,000,000 shall be used for loans under sec4 tion 7(b)(2) of the Small Business Act for businesses lo5 cated in an area for which the President declared a major 

6 disaster because of the hurricanes in the Gulf of Mexico 

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

8 is for direct administrative expenses and may be trans9 ferred to and merged with ‘‘Small Business Administra10 tion, Salaries and Expenses’’ to carry out the disaster loan 

11 program of the Small Business Administration. 

12 CHAPTER 5 

13 DEPARTMENT OF HOMELAND SECURITY 

14 FEDERAL EMERGENCY MANAGEMENT AGENCY

15 DISASTER RELIEF

16 (INCLUDING TRANSFER OF FUNDS)

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

18 $4,610,000,000, to remain available until expended: Pro19 vided, That $4,000,000 shall be transferred to ‘‘Office of 

20 Inspector General’’. 

21 GENERAL PROVISIONS—THIS CHAPTER 

22 SEC. 3501. (a) IN GENERAL.—Notwithstanding any 

23 other provision of law, including any agreement, the Fed24 eral share of assistance, including direct Federal assist25 ance, provided for the States of Louisiana, Mississippi, 

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1 canes Katrina, Wilma, Dennis, and Rita under sections 

2 403, 406, 407, and 408 of the Robert T. Stafford Disaster 

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

4 5172, 5173, and 5174) shall be 100 percent of the eligible 

5 costs under such sections. 

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

7 subsection (a) shall apply to disaster assistance applied 

8 for before the date of enactment of this division. 

9 SEC. 3502. (a) COMMUNITY DISASTER LOAN ACT.— 

10 (1) IN GENERAL.—Section 2(a) of the Commu11 nity Disaster Loan Act of 2005 (Public Law 109– 

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

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

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

15 (2) EFFECTIVE DATE.—The amendment made 

16 by paragraph (1) shall be effective on the date of en17 actment of the Community Disaster Loan Act of 

18 2005 (Public Law 109–88). 

19 (b) EMERGENCY SUPPLEMENTAL APPROPRIATIONS

20 ACT.— 

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

22 Emergency Supplemental Appropriations Act for 

23 Defense, the Global War on Terror, and Hurricane 

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

25 under Federal Emergency Management Agency, 


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1 ‘‘Disaster Assistance Direct Loan Program Ac2 count’’ by striking ‘‘Provided further, That notwith3 standing section 417(c)(1) of such Act, such loans 

4 may not be canceled:’’. 

5 (2) EFFECTIVE DATE.—The amendment made 

6 by paragraph (1) shall be effective on the date of en7 actment of the Emergency Supplemental Appropria8 tions Act for Defense, the Global War on Terror, 

9 and Hurricane Recovery, 2006 (Public Law 109– 

10 234). 

11 SEC. 3503. (a) IN GENERAL.—Section 2401 of the 

12 Emergency Supplemental Appropriations Act for Defense, 

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

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

15 months’’ and inserting ‘‘24 months’’. 

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

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

18 the Emergency Supplemental Appropriations Act for De19 fense, the Global War on Terror, and Hurricane Recovery, 

20 2006 (Public Law 109–234). 


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1 CHAPTER 6 

2 DEPARTMENT OF THE INTERIOR 

3 NATIONAL PARK SERVICE

4 HISTORIC PRESERVATION FUND

5 For an additional amount for the ‘‘Historic Preserva6 tion Fund’’ for necessary expenses related to the con7 sequences of Hurricane Katrina and other hurricanes of 

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

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

10 under this heading shall be provided to the State Historic 

11 Preservation Officer, after consultation with the National 

12 Park Service, for grants for disaster relief in areas of Lou13 isiana impacted by Hurricanes Katrina or Rita: Provided 

14 further, That grants shall be for the preservation, sta15 bilization, rehabilitation, and repair of historic properties 

16 listed in or eligible for the National Register of Historic 

17 Places, for planning and technical assistance: Provided 

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

19 the President determines to be a major disaster under sec20 tion 102(2) of the Robert T. Stafford Disaster Relief and 

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

22 Hurricanes Katrina or Rita: Provided further, That indi23 vidual grants shall not be subject to a non-Federal match24 ing requirement: Provided further, That no more than 5 


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1 percent of funds provided under this heading for disaster 

2 relief grants may be used for administrative expenses. 

3 GENERAL PROVISION—THIS CHAPTER 

4 (INCLUDING TRANSFER OF FUNDS)

5 SEC. 3601. Of the disaster relief funds from Public 

6 Law 109–234, 120 Stat. 418, 461, (June 30, 2006), chap7 ter 5, ‘‘National Park Service—Historic Preservation 

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

9 of Hurricane Katrina and other hurricanes of the 2005 

10 season that were allocated to the State of Mississippi by 

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

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

13 Preservation’’ appropriation: Provided, That these funds 

14 may be used to reconstruct destroyed properties that at 

15 the time of destruction were listed in the National Register 

16 of Historic Places and are otherwise qualified to receive 

17 these funds: Provided further, That the State Historic 

18 Preservation Officer certifies that, for the community 

19 where that destroyed property was located, the property 

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

21 historic identity, that no other property in that community 

22 with the same associative historic value has survived, and 

23 that sufficient historical documentation exists to ensure 

24 an accurate reproduction. 


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1 CHAPTER 7 

2 DEPARTMENT OF EDUCATION 

3 HIGHER EDUCATION

4 For an additional amount under part B of title VII 

5 of the Higher Education Act of 1965 (‘‘HEA’’) for institu6 tions of higher education (as defined in section 101 or sec7 tion 102(c) of that Act) that are located in an area in 

8 which a major disaster was declared in accordance with 

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

10 Emergency Assistance Act related to Hurricanes Katrina 

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

12 available to the Secretary of Education only for payments 

13 to help defray the expenses (which may include lost rev14 enue, reimbursement for expenses already incurred, and 

15 construction) incurred by such institutions of higher edu16 cation that were forced to close, relocate or significantly 

17 curtail their activities as a result of damage directly 

18 caused by such hurricanes and for payments to enable 

19 such institutions to provide grants to students who attend 

20 such institutions for academic years beginning on or after 

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

22 be made in accordance with criteria established by the Sec23 retary and made publicly available without regard to sec24 tion 437 of the General Education Provisions Act, section 


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1 553 of title 5, United States Code, or part B of title VII 

2 of the HEA. 

3 HURRICANE EDUCATION RECOVERY

4 For carrying out activities authorized by subpart 1 

5 of part D of title V of the Elementary and Secondary Edu6 cation Act of 1965, $30,000,000, to remain available until 

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

8 and Alabama primarily for recruiting, retaining, and com9 pensating new and current teachers, school principals, as10 sistant principals, principal resident directors, assistant 

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

12 at least three years in school-based positions in public ele13 mentary and secondary schools located in an area with re14 spect to which a major disaster was declared under section 

15 401 of the Robert T. Stafford Disaster Relief and Emer16 gency Assistance Act (42 U.S.C. 5170) by reason of Hur17 ricane Katrina or Hurricane Rita, including through such 

18 mechanisms as paying salary premiums, performance bo19 nuses, housing subsidies, signing bonuses, and relocation 

20 costs and providing loan forgiveness, with priority given 

21 to teachers and school-based school principals, assistant 

22 principals, principal resident directors, assistant directors, 

23 and other educators who previously worked or lived in one 

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

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


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1 after those disasters, and commit to continue that employ2 ment for at least 3 years, Provided, That funds available 

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

4 1 or more of the following activities: (1) to build the capac5 ity, knowledge, and skill of teachers and school-based 

6 school principals, assistant principals, principal resident 

7 directors, assistant directors, and other educators in such 

8 public elementary and secondary schools to provide an ef9 fective education, including the design, adaptation, and 

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

11 the establishment of partnerships with nonprofit entities 

12 with a demonstrated track record in recruiting and retain13 ing outstanding teachers and other school-based school 

14 principals, assistant principals, principal resident direc15 tors, and assistant directors; and (3) paid release time for 

16 teachers and principals to identify and replicate successful 

17 practices from the fastest-improving and highest-per18 forming schools: Provided further, That the Secretary of 

19 Education shall allocate amounts available under this 

20 heading among such States that submit applications; that 

21 such allocation shall be based on the number of public ele22 mentary and secondary schools in each State that were 

23 closed for 19 days or more during the period beginning 

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

25 due to Hurricane Katrina or Hurricane Rita; and that 


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1 such States shall in turn allocate funds to local edu2 cational agencies, with priority given first to such agencies 

3 with the highest percentages of public elementary and sec4 ondary schools that are closed as a result of such hurri5 canes as of the date of enactment of this division and then 

6 to such agencies with the highest percentages of public 

7 elementary and secondary schools with a student-teacher 

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

9 to be distributed to such agencies with demonstrated need, 

10 as determined by the State Superintendent of Education: 

11 Provided further, That, in the case of any State that choos12 es to use amounts available under this heading for per13 formance bonuses, not later than 60 days after the date 

14 of enactment of this division, and in collaboration with 

15 local educational agencies, teachers’ unions, local prin16 cipals’ organizations, local parents’ organizations, local 

17 business organizations, and local charter schools organiza18 tions, the State educational agency shall develop a plan 

19 for a rating system for performance bonuses, and if no 

20 agreement has been reached that is satisfactory to all con21 sulting entities by such deadline, the State educational 

22 agency shall immediately send a letter notifying Congress 

23 and shall, not later than 30 days after such notification, 

24 establish and implement a rating system that shall be 

25 based on classroom observation and feedback more than 


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1 once annually, conducted by multiple sources (including, 

2 but not limited to, principals and master teachers), and 

3 evaluated against research-based rubrics that use plan4 ning, instructional, and learning environment standards to 

5 measure teacher performance, except that the require6 ments of this proviso shall not apply to a State that has 

7 enacted a State law in 2006 authorizing performance pay 

8 for teachers. 

9 PROGRAMS TO RESTART SCHOOL OPERATIONS

10 Funds made available under section 102 of the Hur11 ricane Education Recovery Act (title IV of division B of 

12 Public Law 109–148) may be used by the States of Lou13 isiana, Mississippi, Alabama, and Texas, in addition to the 

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

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

16 current teachers, school principals, assistant principals, 

17 principal resident directors, assistant directors, and other 

18 educators for school-based positions in public elementary 

19 and secondary schools impacted by Hurricane Katrina or 

20 Hurricane Rita, including through such mechanisms as 

21 paying salary premiums, performance bonuses, housing 

22 subsidies, signing bonuses, and relocation costs and pro23 viding loan forgiveness; (2) activities to build the capacity, 

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

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1 tors, assistant directors, and other educators in such pub2 lic elementary and secondary schools to provide an effec3 tive education, including the design, adaptation, and im4 plementation of high-quality formative assessments; (3) 

5 the establishment of partnerships with nonprofit entities 

6 with a demonstrated track record in recruiting and retain7 ing outstanding teachers and school-based school prin8 cipals, assistant principals, principal resident directors, 

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

10 teachers and principals to identify and replicate successful 

11 practices from the fastest-improving and highest-per12 forming schools. 

13 GENERAL PROVISIONS—THIS CHAPTER 

14 SEC. 3701. Section 105(b) of title IV of division B 

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

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

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

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

19 the end of fiscal year 2008.’’. 

20 SEC. 3702. Notwithstanding section 2002(c) of the 

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

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

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

24 for expenditure by the States through the end of fiscal 

25 year 2009. 


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1 SEC. 3703. (a) In the event that Louisiana, Mis2 sissippi, Alabama, or Texas fails to meet its match re3 quirement with funds appropriated in fiscal years 2006 

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

5 of Health and Human Services may waive the application 

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

7 Louisiana, Mississippi, Alabama, and Texas. 

8 (b) The Secretary may not exercise the waiver au9 thority available under subsection (a) to allow a grantee 

10 to provide less than a 25 percent matching grant. 

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

12 Mississippi, Alabama, and Texas and any eligible metro13 politan area in Louisiana, Mississippi, Alabama, and 

14 Texas shall comply with each of the applicable require15 ments under title XXVI of the Public Health Service Act 

16 (42 U.S.C. 300ff–11 et seq.). 

17 CHAPTER 8 

18 DEPARTMENT OF TRANSPORTATION 

19 FEDERAL HIGHWAY ADMINISTRATION

20 FEDERAL-AID HIGHWAYS

21 EMERGENCY RELIEF PROGRAM

22 (INCLUDING RESCISSION OF FUNDS)

23 For an additional amount for the Emergency Relief 

24 Program as authorized under section 125 of title 23, 

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

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


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1 23, United States Code, shall not apply to emergency re2 lief projects that respond to damage caused by the 2005– 

3 2006 winter storms in the State of California: Provided 

4 further, That of the unobligated balances of funds appor5 tioned to each State under chapter 1 of title 23, United 

6 States Code, $682,942,000 are rescinded: Provided fur7 ther, That such rescission shall not apply to the funds dis8 tributed in accordance with sections 130(f) and 104(b)(5) 

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

10 163 of such title, as in effect on the day before the date 

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

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

13 FEDERAL TRANSIT ADMINISTRATION

14 FORMULA GRANTS

15 For an additional amount to be allocated by the Sec16 retary to recipients of assistance under chapter 53 of title 

17 49, United States Code, directly affected by Hurricanes 

18 Katrina and Rita, $35,000,000, for the operating and cap19 ital costs of transit services, to remain available until ex20 pended: Provided, That the Federal share for any project 

21 funded from this amount shall be 100 percent. 


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1 DEPARTMENT OF HOUSING AND URBAN 

2 DEVELOPMENT 

3 OFFICE OF INSPECTOR GENERAL

4 For an additional amount for the Office of Inspector 

5 General, for the necessary costs related to the con6 sequences of Hurricanes Katrina and Rita, $7,000,000, 

7 to remain available until expended. 

8 GENERAL PROVISIONS—THIS CHAPTER 

9 SEC. 3801. The third proviso under the heading ‘‘De10 partment of Housing and Urban Development—Public 

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

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

13 148 (119 Stat. 2779) is amended by striking ‘‘for up to 

14 18 months’’ and inserting ‘‘until December 31, 2007’’. 

15 SEC. 3802. Section 21033 of the Continuing Appro16 priations Resolution, 2007 (division B of Public Law 109– 

17 289, as amended by Public Law 110–5) is amended by 

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

19 notwithstanding the previous proviso, except for applying 

20 the 2007 Annual Adjustment Factor and making any 

21 other specified adjustments, public housing agencies speci22 fied in category 1 below shall receive funding for calendar 

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

24 would receive under the previous proviso or the amounts 

25 the agencies received in calendar year 2006, and public 


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1 housing agencies specified in categories 2 and 3 below 

2 shall receive funding for calendar year 2007 equal to the 

3 amounts the agencies received in calendar year 2006, ex4 cept that public housing agencies specified in categories 

5 1 and 2 below shall receive funding under this proviso only 

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

7 submits a plan, approved by the Secretary, that dem8 onstrates that the agency can effectively use within 12 

9 months the funding that the agency would receive under 

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

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

12 housing agencies that are eligible for assistance under sec13 tion 901 in Public Law 109–148 (119 Stat. 2781) or are 

14 located in the same counties as those eligible under section 

15 901 and operate voucher programs under section 8(o) of 

16 the United States Housing Act of 1937 but do not operate 

17 public housing under section 9 of such Act, and any public 

18 housing agency that otherwise qualifies under this cat19 egory must demonstrate that they have experienced a loss 

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

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

22 under the previous proviso than they would receive under 

23 this proviso and that have been placed in receivership or 

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

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


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1 housing agencies that spent more in calendar year 2006 

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

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

4 amount of any such public housing agency’s available 

5 housing assistance payments undesignated funds balance 

6 from calendar year 2005 and the amount of any such pub7 lic housing agency’s available administrative fees undesig8 nated funds balance through calendar year 2006’’. 

9 SEC. 3803. Section 901 of Public Law 109–148 is 

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

11 ‘‘calendar years 2006 and 2007’’. 

12 TITLE IV—OTHER EMERGENCY 

13 APPROPRIATIONS 

14 CHAPTER 1 

15 DEPARTMENT OF DEFENSE—CIVIL 

16 DEPARTMENT OF THE ARMY 

17 CORPS OF ENGINEERS—CIVIL

18 INVESTIGATIONS

19 For an additional amount for ‘‘Investigations’’ for 

20 flood damage reduction studies to address flooding associ21 ated with disasters covered by Presidential Disaster Dec22 laration FEMA–1692–DR, $8,165,000, to remain avail23 able until expended. 

24 CONSTRUCTION

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

26 flood damage reduction activities associated with disasters 


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1 covered by Presidential Disaster Declaration FEMA– 

2 1692–DR, $500,000 to remain available until expended. 

3 OPERATION AND MAINTENANCE

4 For an additional amount for ‘‘Operation and Main5 tenance’’ to dredge navigation channels related to the con6 sequences of hurricanes of the 2005 season, $3,000,000, 

7 to remain available until expended. 

8 FLOOD CONTROL AND COASTAL EMERGENCIES

9 For an additional amount for ‘‘Flood Control and 

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

11 Act of August 18, 1941 (33 U.S.C. 701n), to support 

12 emergency operations, repairs and other activities in re13 sponse to flood, drought and earthquake emergencies as 

14 authorized by law, $153,300,000, to remain available until 

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

16 through the Assistant Secretary of the Army for Civil 

17 Works, shall provide a monthly report to the House and 

18 Senate Committees on Appropriations detailing the alloca19 tion and obligation of these funds, beginning not later 

20 than 60 days after enactment of this division. 

21 DEPARTMENT OF THE INTERIOR 

22 BUREAU OF RECLAMATION

23 WATER AND RELATED RESOURCES

24 For an additional amount for ‘‘Water and Related 

25 Resources’’, $18,000,000, to remain available until ex26 pended for drought assistance: Provided, That drought asVerDate Aug 31 2005 23:48 May 14, 2007 Jkt 059200 PO 00000 Frm 00110 Fmt 6652 Sfmt 6201 E:\BILLS\H2206.PCS H2206

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1 sistance may be provided under the Reclamation States 

2 Drought Emergency Act or other applicable Reclamation 

3 authorities to assist drought plagued areas of the West. 

4 CHAPTER 2 

5 DEPARTMENT OF THE INTERIOR 

6 UNITED STATES FISH AND WILDLIFE SERVICE

7 RESOURCE MANAGEMENT

8 For an additional amount for ‘‘Resource Manage9 ment’’ for the detection of highly pathogenic avian influ10 enza in wild birds, including the investigation of morbidity 

11 and mortality events, targeted surveillance in live wild 

12 birds, and targeted surveillance in hunter-taken birds, 

13 $7,398,000, to remain available until September 30, 2008. 

14 NATIONAL PARK SERVICE

15 OPERATION OF THE NATIONAL PARK SYSTEM

16 For an additional amount for ‘‘Operation of the Na17 tional Park System’’ for the detection of highly pathogenic 

18 avian influenza in wild birds, including the investigation 

19 of morbidity and mortality events, $525,000, to remain 

20 available until September 30, 2008. 

21 UNITED STATES GEOLOGICAL SURVEY

22 SURVEYS, INVESTIGATIONS, AND RESEARCH

23 For an additional amount for ‘‘Surveys, Investiga24 tions, and Research’’ for the detection of highly patho25 genic avian influenza in wild birds, including the investigaVerDate Aug 31 2005 23:48 May 14, 2007 Jkt 059200 PO 00000 Frm 00111 Fmt 6652 Sfmt 6201 E:\BILLS\H2206.PCS H2206

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1 tion of morbidity and mortality events, targeted surveil2 lance in live wild birds, and targeted surveillance in 

3 hunter-taken birds, $5,270,000, to remain available until 

4 September 30, 2008. 

5 DEPARTMENT OF AGRICULTURE 

6 FOREST SERVICE

7 NATIONAL FOREST SYSTEM

8 For an additional amount for ‘‘National Forest Sys9 tem’’ for the implementation of a nationwide initiative to 

10 increase protection of national forest lands from drug-traf11 ficking organizations, including funding for additional law 

12 enforcement personnel, training, equipment and coopera13 tive agreements, $12,000,000, to remain available until 

14 expended. 

15 CHAPTER 3 

16 DEPARTMENT OF HEALTH AND HUMAN 

17 SERVICES 

18 CENTERS FOR DISEASE CONTROL AND PREVENTION

19 DISEASE CONTROL, RESEARCH AND TRAINING

20 For an additional amount for ‘‘Department of Health 

21 and Human Services, Centers for Disease Control and 

22 Prevention, Disease Control, Research and Training’’, to 

23 carry out section 501 of the Federal Mine Safety and 

24 Health Act of 1977 and section 6 of the Mine Improve25 ment and New Emergency Response Act of 2006, 


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1 $13,000,000 for research to develop mine safety tech2 nology, including necessary repairs and improvements to 

3 leased laboratories: Provided, That progress reports on 

4 technology development shall be submitted to the House 

5 and Senate Committees on Appropriations and the Com6 mittee on Health, Education, Labor and Pensions of the 

7 Senate and the Committee on Education and Labor of the 

8 House of Representatives on a quarterly basis: Provided 

9 further, That the amount provided under this heading 

10 shall remain available until September 30, 2008. 

11 For an additional amount for ‘‘Department of Health 

12 and Human Services, Centers for Disease Control and 

13 Prevention, Disease Control, Research and Training’’, to 

14 carry out activities under section 5011(b) of the Emer15 gency Supplemental Appropriations Act to Address Hurri16 canes in the Gulf of Mexico and Pandemic Influenza, 2006 

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

18 until expended. 

19 ADMINISTRATION FOR CHILDREN AND FAMILIES

20 LOW-INCOME HOME ENERGY ASSISTANCE

21 For an additional amount for ‘‘Low-Income Home 

22 Energy Assistance’’ under section 2604(a) through (d) of 

23 the Low-Income Home Energy Assistance Act of 1981 (42 

24 U.S.C. 8623(a) through (d)), $200,000,000. 


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1 For an additional amount for ‘‘Low-Income Home 

2 Energy Assistance’’ under section 2604(e) of the Low-In3 come Home Energy Assistance Act of 1981 (42 U.S.C. 

4 8623(e)), $200,000,000. 

5 OFFICE OF THE SECRETARY

6 PUBLIC HEALTH AND SOCIAL SERVICES EMERGENCY

7 FUND

8 (INCLUDING TRANSFER OF FUNDS)

9 For an additional amount for ‘‘Public Health and So10 cial Services Emergency Fund’’ to prepare for and re11 spond to an influenza pandemic, $625,000,000, to remain 

12 available until expended: Provided, That this amount shall 

13 be for activities including the development and purchase 

14 of vaccine, antivirals, necessary medical supplies, 

15 diagnostics, and other surveillance tools: Provided further, 

16 That products purchased with these funds may, at the dis17 cretion of the Secretary of Health and Human Services, 

18 be deposited in the Strategic National Stockpile: Provided 

19 further, That notwithstanding section 496(b) of the Public 

20 Health Service Act, funds may be used for the construc21 tion or renovation of privately owned facilities for the pro22 duction of pandemic vaccine and other biologicals, where 

23 the Secretary finds such a contract necessary to secure 

24 sufficient supplies of such vaccines or biologicals: Provided 

25 further, That funds appropriated herein may be trans26 ferred to other appropriation accounts of the Department 


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1 of Health and Human Services, as determined by the Sec2 retary to be appropriate, to be used for the purposes speci3 fied in this sentence. 

4 COVERED COUNTERMEASURE PROCESS FUND

5 For carrying out section 319F–4 of the Public Health 

6 Service Act (42 U.S.C. 247d–6e) to compensate individ7 uals for injuries caused by H5N1 vaccine, in accordance 

8 with the declaration regarding avian influenza viruses 

9 issued by the Secretary of Health and Human Services 

10 on January 26, 2007, pursuant to section 319F–3(b) of 

11 such Act (42 U.S.C. 247d–6d(b)), $25,000,000, to remain 

12 available until expended. 

13 GENERAL PROVISIONS—THIS CHAPTER 

14 (INCLUDING RESCISSIONS)

15 SEC. 4301. (a). From unexpended balances available 

16 for the Training and Employment Services account under 

17 the Department of Labor, the following amounts are here18 by rescinded— 

19 (1) $3,589,000 transferred pursuant to the 

20 2001 Emergency Supplemental Appropriations Act 

21 for Recovery from and Response to Terrorist At22 tacks on the United States (Public Law 107–38); 

23 (2) $834,000 transferred pursuant to the 

24 Emergency Supplemental Appropriations Act of 

25 1994 (Public Law 103–211); and 


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1 (3) $71,000 for the Consortium for Worker 

2 Education pursuant to the Emergency Supplemental 

3 Act, 2002 (Public Law 107–117). 

4 (b) From unexpended balances available for the State 

5 Unemployment Insurance and Employment Service Oper6 ations account under the Department of Labor pursuant 

7 to the Emergency Supplemental Act, 2002 (Public Law 

8 107–117), $4,100,000 are hereby rescinded. 

9 SEC. 4302. (a) For an additional amount under ‘‘De10 partment of Education, Safe Schools and Citizenship Edu11 cation’’, $8,594,000 shall be available for Safe and Drug12 Free Schools National Programs for competitive grants to 

13 local educational agencies to address youth violence and 

14 related issues. 

15 (b) The competition under subsection (a) shall be lim16 ited to local educational agencies that operate schools cur17 rently identified as persistently dangerous under section 

18 9532 of the Elementary and Secondary Education Act of 

19 1965. 


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1 CHAPTER 4 

2 LEGISLATIVE BRANCH 

3 CAPITOL POLICE 

4 GENERAL EXPENSES

5 For an additional amount for ‘‘Capitol Police, Gen6 eral Expenses’’, $15,000,000 for a radio modernization 

7 program, to remain available until expended. 

8 ARCHITECT OF THE CAPITOL 

9 CAPITOL POWER PLANT

10 For an additional amount for ‘‘Capitol Power Plant’’, 

11 $50,000,000, for utility tunnel repairs and asbestos abate12 ment, to remain available until September 30, 2011: Pro13 vided, That the Architect of the Capitol may not obligate 

14 any of the funds appropriated under this heading without 

15 approval of an obligation plan by the Committees on Ap16 propriations of the Senate and House of Representatives. 

17 CHAPTER 5 

18 DEPARTMENT OF VETERANS AFFAIRS 

19 VETERANS HEALTH ADMINISTRATION

20 MEDICAL SERVICES

21 For an additional amount for ‘‘Medical Services’’, 

22 $466,778,000, to remain available until expended, of 

23 which $30,000,000 shall be for the establishment of at 

24 least one new Level I comprehensive polytrauma center; 

25 $9,440,000 shall be for the establishment of polytrauma 


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1 residential transitional rehabilitation programs; 

2 $10,000,000 shall be for additional transition case3 workers; $20,000,000 shall be for substance abuse treat4 ment programs; $20,000,000 shall be for readjustment 

5 counseling; $10,000,000 shall be for blind rehabilitation 

6 services; $100,000,000 shall be for enhancements to men7 tal health services; $8,000,000 shall be for polytrauma 

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

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

10 treatment of Operation Enduring Freedom and Operation 

11 Iraqi Freedom veterans; and $25,000,000 shall be for 

12 prosthetics. 

13 MEDICAL ADMINISTRATION

14 For an additional amount for ‘‘Medical Administra15 tion’’, $250,000,000, to remain available until expended. 

16 MEDICAL FACILITIES

17 For an additional amount for ‘‘Medical Facilities’’, 

18 $595,000,000, to remain available until expended, of 

19 which $45,000,000 shall be used for facility and equip20 ment upgrades at the Department of Veterans Affairs 

21 polytrauma network sites; and $550,000,000 shall be for 

22 non-recurring maintenance as identified in the Depart23 ment of Veterans Affairs Facility Condition Assessment 

24 report: Provided, That the amount provided under this 

25 heading for non-recurring maintenance shall be allocated 

26 in a manner not subject to the Veterans Equitable ReVerDate Aug 31 2005 23:48 May 14, 2007 Jkt 059200 PO 00000 Frm 00118 Fmt 6652 Sfmt 6201 E:\BILLS\H2206.PCS H2206

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1 source Allocation: Provided further, That within 30 days 

2 of enactment of this division the Secretary shall submit 

3 to the Committees on Appropriations of both Houses of 

4 Congress an expenditure plan, by project, for non-recur5 ring maintenance prior to obligation: Provided further, 

6 That semi-annually, on October 1 and April 1, the Sec7 retary shall submit to the Committees on Appropriations 

8 of both Houses of Congress a report on the status of fund9 ing for non-recurring maintenance, including obligations 

10 and unobligated balances for each project identified in the 

11 expenditure plan. 

12 MEDICAL AND PROSTHETIC RESEARCH

13 For an additional amount for ‘‘Medical and Pros14 thetic Research’’, $32,500,000, to remain available until 

15 expended, which shall be used for research related to the 

16 unique medical needs of returning Operation Enduring 

17 Freedom and Operation Iraqi Freedom veterans. 

18 DEPARTMENTAL ADMINISTRATION

19 GENERAL OPERATING EXPENSES

20 (INCLUDING TRANSFER OF FUNDS)

21 For an additional amount for ‘‘General Operating 

22 Expenses’’, $83,200,000, to remain available until ex23 pended, of which $1,250,000 shall be for digitization of 

24 military records; $60,750,000 shall be for expenses related 

25 to hiring and training new claims processing personnel; 

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1 zational structure, management and coordination proc2 esses, including seamless transition, utilized by the De3 partment of Veterans Affairs to provide health care and 

4 benefits to active duty personnel and veterans, including 

5 those returning Operation Enduring Freedom and Oper6 ation Iraqi Freedom veterans; and $20,000,000 shall be 

7 for disability examinations: Provided, That not to exceed 

8 $1,250,000 of the amount appropriated under this head9 ing may be transferred to the Department of Defense for 

10 the digitization of military records used to verify stressors 

11 for benefits claims. 

12 INFORMATION TECHNOLOGY SYSTEMS

13 For an additional amount for ‘‘Information Tech14 nology Systems’’, $35,100,000, to remain available until 

15 expended, of which $20,000,000 shall be for information 

16 technology support and improvements for processing of 

17 Operation Enduring Freedom and Operation Iraqi Free18 dom veterans benefits claims, including making electronic 

19 Department of Defense medical records available for 

20 claims processing and enabling electronic benefits applica21 tions by veterans; and $15,100,000 shall be for electronic 

22 data breach remediation and prevention. 

23 CONSTRUCTION, MINOR PROJECTS

24 For an additional amount for ‘‘Construction, Minor 

25 Projects’’, $326,000,000, to remain available until ex26 pended, of which up to $36,000,000 shall be for construcVerDate Aug 31 2005 23:48 May 14, 2007 Jkt 059200 PO 00000 Frm 00120 Fmt 6652 Sfmt 6201 E:\BILLS\H2206.PCS H2206

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1 tion costs associated with the establishment of polytrauma 

2 residential transitional rehabilitation programs. 

3 GENERAL PROVISIONS—THIS CHAPTER 

4 SEC. 4501. The Director of the Congressional Budget 

5 Office shall, not later than November 15, 2007, submit 

6 to the Committees on Appropriations of the House of Rep7 resentatives and the Senate a report projecting appropria8 tions necessary for the Departments of Defense and Vet9 erans Affairs to continue providing necessary health care 

10 to veterans of the conflicts in Iraq and Afghanistan. The 

11 projections should span several scenarios for the duration 

12 and number of forces deployed in Iraq and Afghanistan, 

13 and more generally, for the long-term health care needs 

14 of deployed troops engaged in the global war on terrorism 

15 over the next ten years. 

16 SEC. 4502. Notwithstanding any other provision of 

17 law, appropriations made by Public Law 110–5, which the 

18 Secretary of Veterans Affairs contributes to the Depart19 ment of Defense/Department of Veterans Affairs Health 

20 Care Sharing Incentive Fund under the authority of sec21 tion 8111(d) of title 38, United States Code, shall remain 

22 available until expended for any purpose authorized by 

23 section 8111 of title 38, United States Code. 

24 SEC. 4503. (a)(1) Notwithstanding any other provi25 sion of law, the Secretary of Veterans Affairs (referred 


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1 to in this section as the ‘‘Secretary’’) may convey to the 

2 State of Texas, without consideration, all right, title, and 

3 interest of the United States in and to the parcel of real 

4 property comprising the location of the Marlin, Texas, De5 partment of Veterans Affairs Medical Center. 

6 (2) The property conveyed under paragraph (1) shall 

7 be used by the State of Texas for the purposes of a prison. 

8 (b) In carrying out the conveyance under subsection 

9 (a), the Secretary— 

10 (1) shall not be required to comply with, and 

11 shall not be held liable under, any Federal law (in12 cluding a regulation) relating to the environment or 

13 historic preservation; but 

14 (2) may, at the discretion of the Secretary, con15 duct environmental cleanup on the parcel to be con16 veyed, at a cost not to exceed $500,000, using 

17 amounts made available for environmental cleanup 

18 of sites under the jurisdiction of the Secretary. 

19 TITLE V—OTHER MATTERS 

20 CHAPTER 1 

21 DEPARTMENT OF AGRICULTURE 

22 FARM SERVICE AGENCY

23 SALARIES AND EXPENSES

24 For an additional amount for ‘‘Salaries and Ex25 penses’’ of the Farm Service Agency, $37,500,000, to reVerDate Aug 31 2005 23:48 May 14, 2007 Jkt 059200 PO 00000 Frm 00122 Fmt 6652 Sfmt 6201 E:\BILLS\H2206.PCS H2206

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1 main available until September 30, 2008: Provided, That 

2 this amount shall only be available for network and data3 base/application stabilization. 

4 GENERAL PROVISIONS—THIS CHAPTER 

5 SEC. 5101. Of the funds made available through ap6 propriations to the Food and Drug Administration for fis7 cal year 2007, not less than $4,000,000 shall be for the 

8 Office of Women’s Health of such Administration. 

9 SEC. 5102. None of the funds made available to the 

10 Department of Agriculture for fiscal year 2007 may be 

11 used to implement the risk-based inspection program in 

12 the 30 prototype locations announced on February 22, 

13 2007, by the Under Secretary for Food Safety, or at any 

14 other locations, until the USDA Office of Inspector Gen15 eral has provided its findings to the Food Safety and In16 spection Service and the Committees on Appropriations of 

17 the House of Representatives and the Senate on the data 

18 used in support of the development and design of the risk19 based inspection program and FSIS has addressed and 

20 resolved issues identified by OIG. 

21 CHAPTER 2 

22 GENERAL PROVISIONS—THIS CHAPTER 

23 SEC. 5201. Hereafter, federal employees at the Na24 tional Energy Technology Laboratory shall be classified 

25 as inherently governmental for the purpose of the Federal 


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1 Activities Inventory Reform Act of 1998 (31 U.S.C. 501 

2 note). 

3 SEC. 5202. None of the funds made available under 

4 this or any other Act shall be used during fiscal year 2007 

5 to make, or plan or prepare to make, any payment on 

6 bonds issued by the Administrator of the Bonneville Power 

7 Administration (referred in this section as the ‘‘Adminis8 trator’’) or for an appropriated Federal Columbia River 

9 Power System investment, if the payment is both— 

10 (1) greater, during any fiscal year, than the 

11 payments calculated in the rate hearing of the Ad12 ministrator to be made during that fiscal year using 

13 the repayment method used to establish the rates of 

14 the Administrator as in effect on October 1, 2006; 

15 and 

16 (2) based or conditioned on the actual or ex17 pected net secondary power sales receipts of the Ad18 ministrator. 

19 CHAPTER 3 

20 GENERAL PROVISIONS—THIS CHAPTER 

21 SEC. 5301. (a) Section 102(a)(3)(B) of the Help 

22 America Vote Act of 2002 (42 U.S.C. 15302(a)(3)(B)) is 

23 amended by striking ‘‘January 1, 2006’’ and inserting 

24 ‘‘March 1, 2008’’. 


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1 (b) The amendment made by subsection (a) shall take 

2 effect as if included in the enactment of the Help America 

3 Vote Act of 2002. 

4 SEC. 5302. The structure of any of the offices or 

5 components within the Office of National Drug Control 

6 Policy shall remain as they were on October 1, 2006. None 

7 of the funds appropriated or otherwise made available in 

8 the Continuing Appropriations Resolution, 2007 (Public 

9 Law 110–5) may be used to implement a reorganization 

10 of offices within the Office of National Drug Control Pol11 icy without the explicit approval of the Committees on Ap12 propriations of the House of Representatives and the Sen13 ate. 

14 SEC. 5303. From the amount provided by section 

15 21067 of the Continuing Appropriations Resolution, 2007 

16 (Public Law 110–5), the National Archives and Records 

17 Administration may obligate monies necessary to carry out 

18 the activities of the Public Interest Declassification Board. 

19 SEC. 5304. Notwithstanding the notice requirement 

20 of the Transportation, Treasury, Housing and Urban De21 velopment, the Judiciary, the District of Columbia, and 

22 Independent Agencies Appropriations Act, 2006, 119 

23 Stat. 2509 (Public Law 109–115), as continued in section 

24 104 of the Continuing Appropriations Resolution, 2007 

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


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1 reallocate not more than $1,000,000 of the funds provided 

2 for fiscal year 2007 under the Federal Payment to the 

3 District of Columbia Courts for facilities among the items 

4 and entities funded under that heading for operations. 

5 SEC. 5305. (a) Not later than 90 days after the date 

6 of enactment of this division, the Secretary of the Treas7 ury, in coordination with the Securities and Exchange 

8 Commission and in consultation with the Departments of 

9 State and Energy, shall prepare and submit to the Senate 

10 Committee on Appropriations, the House Committee on 

11 Appropriations, the Senate Committee on Banking, Hous12 ing, and Urban Affairs, the House Committee on Finan13 cial Services, the Senate Foreign Relations Committee, 

14 and the House Foreign Affairs Committee a written re15 port, which may include a classified annex, containing the 

16 names of companies which either directly or through a 

17 parent or subsidiary company, including partly-owned sub18 sidiaries, are known to conduct significant business oper19 ations in Sudan relating to natural resource extraction, 

20 including oil-related activities and mining of minerals. The 

21 reporting provision shall not apply to companies operating 

22 under licenses from the Office of Foreign Assets Control 

23 or otherwise expressly exempted under United States law 

24 from having to obtain such licenses in order to operate 

25 in Sudan. 


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1 (b) Not later than 45 days following the submission 

2 to Congress of the list of companies conducting business 

3 operations in Sudan relating to natural resource extrac4 tion as required above, the General Services Administra5 tion shall determine whether the United States Govern6 ment has an active contract for the procurement of goods 

7 or services with any of the identified companies, and pro8 vide notification to the appropriate committees of Con9 gress, which may include a classified annex, regarding the 

10 companies, nature of the contract, and dollar amounts in11 volved. 

12 (INCLUDING RESCISSION)

13 SEC. 5306. (a) Of the funds provided for the General 

14 Services Administration, ‘‘Office of Inspector General’’ in 

15 section 21061 of the Continuing Appropriations Resolu16 tion, 2007 (division B of Public Law 109–289, as amend17 ed by Public Law 110–5), $4,500,000 are rescinded. 

18 (b) For an additional amount for the General Serv19 ices Administration, ‘‘Office of Inspector General’’, 

20 $4,500,000, to remain available until September 30, 2008. 

21 SEC. 5307. Section 21073 of the Continuing Appro22 priations Resolution, 2007 (Public Law 110–5) is amend23 ed by adding a new subsection (j) as follows: 

24 ‘‘(j) Notwithstanding section 101, any appropriation 

25 or funds made available to the District of Columbia pursu26 ant to this division for ‘Federal Payment for Foster Care 


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1 Improvement in the District of Columbia’ shall be avail2 able in accordance with an expenditure plan submitted by 

3 the Mayor of the District of Columbia not later than 60 

4 days after the enactment of this section which details the 

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

6 CHAPTER 4 

7 DEPARTMENT OF HOMELAND SECURITY 

8 GENERAL PROVISIONS—THIS CHAPTER 

9 SEC. 5401. Not to exceed $30,000,000 from unobli10 gated balances remaining from prior appropriations for 

11 United States Coast Guard, ‘‘Retired Pay’’, shall remain 

12 available until expended in the account and for the pur13 poses for which the appropriations were provided, includ14 ing the payment of obligations otherwise chargeable to 

15 lapsed or current appropriations for this purpose. 

16 SEC. 5402. (a) IN GENERAL.—Any contract, sub17 contract, task or delivery order described in subsection (b) 

18 shall contain the following: 

19 (1) A requirement for a technical review of all 

20 designs, design changes, and engineering change 

21 proposals, and a requirement to specifically address 

22 all engineering concerns identified in the review be23 fore the obligation of further funds may occur. 


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1 (2) A requirement that the Coast Guard main2 tain technical warrant holder authority, or the equiv3 alent, for major assets. 

4 (3) A requirement that no procurement subject 

5 to subsection (b) for lead asset production or the im6 plementation of a major design change shall be en7 tered into unless an independent third party with no 

8 financial interest in the development, construction, 

9 or modification of any component of the asset, se10 lected by the Commandant, determines that such ac11 tion is advisable. 

12 (4) A requirement for independent life-cycle 

13 cost estimates of lead assets and major design and 

14 engineering changes. 

15 (5) A requirement for the measurement of con16 tractor and subcontractor performance based on the 

17 status of all work performed. For contracts under 

18 the Integrated Deepwater Systems program, such 

19 requirement shall include a provision that links 

20 award fees to successful acquisition outcomes (which 

21 shall be defined in terms of cost, schedule, and per22 formance). 

23 (6) A requirement that the Commandant of the 

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1 tegrated product team and higher-level team as2 signed to the oversight of each integrated product 

3 team. 

4 (7) A requirement that the Commandant of the 

5 Coast Guard may not award or issue any contract, 

6 task or delivery order, letter contract modification 

7 thereof, or other similar contract, for the acquisition 

8 or modification of an asset under a procurement 

9 subject to subsection (b) unless the Coast Guard and 

10 the contractor concerned have formally agreed to all 

11 terms and conditions or the head of contracting ac12 tivity for the Coast Guard determines that a compel13 ling need exists for the award or issue of such in14 strument. 

15 (b) CONTRACTS, SUBCONTRACTS, TASK AND DELIV16 ERY ORDERS COVERED.—Subsection (a) applies to— 

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

18 subcontract, delivery or task order entered into by 

19 the Coast Guard; 

20 (2) any first-tier subcontract entered into under 

21 such a contract; and 

22 (3) any task or delivery order issued pursuant 

23 to such a contract or subcontract. 

24 (c) EXPENDITURE OF DEEPWATER FUNDS.—Of the 

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1 gram, $650,000,000 may not be obligated until the Com2 mittees on Appropriations of the Senate and the House 

3 of Representatives receive an expenditure plan directly 

4 from the Coast Guard that— 

5 (1) defines activities, milestones, yearly costs, 

6 and life-cycle costs for each procurement of a major 

7 asset, including an independent cost estimate for 

8 each; 

9 (2) identifies life-cycle staffing and training 

10 needs of Coast Guard project managers and of pro11 curement and contract staff; 

12 (3) identifies competition to be conducted in 

13 each procurement; 

14 (4) describes procurement plans that do not 

15 rely on a single industry entity or contract; 

16 (5) contains very limited indefinite delivery/in17 definite quantity contracts and explains the need for 

18 any indefinite delivery/indefinite quantity contracts; 

19 (6) complies with all applicable acquisition 

20 rules, requirements, and guidelines, and incorporates 

21 the best systems acquisition management practices 

22 of the Federal Government; 

23 (7) complies with the capital planning and in24 vestment control requirements established by the OfVerDate Aug 31 2005 23:48 May 14, 2007 Jkt 059200 PO 00000 Frm 00131 Fmt 6652 Sfmt 6201 E:\BILLS\H2206.PCS H2206

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1 fice of Management and Budget, including circular 

2 A–11, part 7; 

3 (8) includes a certification by the head of con4 tracting activity for the Coast Guard and the Chief 

5 Procurement Officer of the Department of Home6 land Security that the Coast Guard has established 

7 sufficient controls and procedures and has sufficient 

8 staffing to comply with all contracting requirements, 

9 and that any conflicts of interest have been suffi10 ciently addressed; 

11 (9) includes a description of the process used to 

12 act upon deviations from the contractually specified 

13 performance requirements and clearly explains the 

14 actions taken on such deviations; 

15 (10) includes a certification that the Assistant 

16 Commandant of the Coast Guard for Engineering 

17 and Logistics is designated as the technical author18 ity for all engineering, design, and logistics decisions 

19 pertaining to the Integrated Deepwater Systems pro20 gram; and 

21 (11) identifies progress in complying with the 

22 requirements of subsection (a). 

23 (d) REPORTS.—(1) Not later than 30 days after the 

24 date of enactment of this division, the Commandant of the 

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1 priations of the Senate and the House of Representatives; 

2 the Committee on Commerce, Science and Transportation 

3 of the Senate; and the Committee on Transportation and 

4 Infrastructure of the House of Representatives: (i) a re5 port on the resources (including training, staff, and exper6 tise) required by the Coast Guard to provide appropriate 

7 management and oversight of the Integrated Deepwater 

8 Systems program; and (ii) a report on how the Coast 

9 Guard will utilize full and open competition for any con10 tract that provides for the acquisition or modification of 

11 assets under, or in support of, the Integrated Deepwater 

12 Systems program, entered into after the date of enactment 

13 of this division. 

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

15 expenditure plan required under subsection (c), the Gov16 ernment Accountability Office shall review the plan and 

17 brief the Committees on Appropriations of the Senate and 

18 the House of Representatives on its findings. 

19 SEC. 5403. None of the funds provided in this divi20 sion or any other Act may be used to alter or reduce oper21 ations within the Civil Engineering Program of the Coast 

22 Guard nationwide, including the civil engineering units, 

23 facilities, design and construction centers, maintenance 

24 and logistics command centers, the Coast Guard Academy 

25 and the Coast Guard Research and Development Center, 


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1 except as specifically authorized by a statute enacted after 

2 the date of enactment of this division. 

3 (INCLUDING RESCISSIONS OF FUNDS)

4 SEC. 5404. (a) RESCISSIONS.—The following unobli5 gated balances made available pursuant to section 505 of 

6 Public Law 109–90 are rescinded: $1,200,962 from the 

7 ‘‘Office of the Secretary and Executive Management’’; 

8 $512,855 from the ‘‘Office of the Under Secretary for 

9 Management’’; $461,874 from the ‘‘Office of the Chief In10 formation Officer’’; $45,080 from the ‘‘Office of the Chief 

11 Financial Officer’’; $968,211 from Preparedness ‘‘Man12 agement and Administration’’; $1,215,486 from Science 

13 and Technology ‘‘Management and Administration’’; 

14 $450,000 from United States Secret Service ‘‘Salaries and 

15 Expenses’’; $450,000 from Federal Emergency Manage16 ment Agency ‘‘Administrative and Regional Operations’’; 

17 and $25,595,532 from United States Coast Guard ‘‘Oper18 ating Expenses’’. 

19 (b) ADDITIONAL APPROPRIATIONS.— 

20 (1) For an additional amount for United States 

21 Coast Guard ‘‘Acquisition, Construction, and Im22 provements’’, $30,000,000, to remain available until 

23 September 30, 2009, to mitigate the Service’s patrol 

24 boat operational gap; and 

25 (2) For an additional amount for the ‘‘Office of 

26 the Under Secretary for Management’’, $900,000, 


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1 for an independent study to compare the Depart2 ment of Homeland Security senior career and polit3 ical staffing levels and senior career training pro4 grams with those of similarly structured cabinet-level 

5 agencies. 

6 SEC. 5405. (a) IN GENERAL.—With respect to con7 tracts entered into after June 1, 2007, and except as pro8 vided in subsection (b), no entity performing lead system 

9 integrator functions in the acquisition of a major system 

10 by the Department of Homeland Security may have any 

11 direct financial interest in the development or construction 

12 of any individual system or element of any system of sys13 tems. 

14 (b) EXCEPTION.—An entity described in subsection 

15 (a) may have a direct financial interest in the development 

16 or construction of an individual system or element of a 

17 system of systems if— 

18 (1) the Secretary of Homeland Security cer19 tifies to the Committees on Appropriations of the 

20 Senate and the House of Representatives, the Com21 mittee on Homeland Security of the House of Rep22 resentatives, the Committee on Transportation and 

23 Infrastructure of the House of Representatives, the 

24 Committee on Homeland Security and Governmental 

25 Affairs of the Senate, and the Committee on ComVerDate Aug 31 2005 23:48 May 14, 2007 Jkt 059200 PO 00000 Frm 00135 Fmt 6652 Sfmt 6201 E:\BILLS\H2206.PCS H2206

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1 merce, Science and Transportation of the Senate 

2 that— 

3 (A) the entity was selected by the Depart4 ment of Homeland Security as a contractor to 

5 develop or construct the system or element con6 cerned through the use of competitive proce7 dures; and 

8 (B) the Department took appropriate steps 

9 to prevent any organizational conflict of interest 

10 in the selection process; or 

11 (2) the entity was selected by a subcontractor 

12 to serve as a lower-tier subcontractor, through a 

13 process over which the entity exercised no control. 

14 (c) CONSTRUCTION.—Nothing in this section shall be 

15 construed to preclude an entity described in subsection (a) 

16 from performing work necessary to integrate two or more 

17 individual systems or elements of a system of systems with 

18 each other. 

19 (d) REGULATIONS UPDATE.—Not later than June 1, 

20 2007, the Secretary of Homeland Security shall update 

21 the acquisition regulations of the Department of Home22 land Security in order to specify fully in such regulations 

23 the matters with respect to lead system integrators set 

24 forth in this section. Included in such regulations shall be: 

25 (1) a precise and comprehensive definition of the term 


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1 ‘‘lead system integrator’’, modeled after that used by the 

2 Department of Defense; and (2) a specification of various 

3 types of contracts and fee structures that are appropriate 

4 for use by lead system integrators in the production, field5 ing, and sustainment of complex systems. 

6 CHAPTER 5 

7 GENERAL PROVISIONS—THIS CHAPTER 

8 SEC. 5501. Section 20515 of the Continuing Appro9 priations Resolution, 2007 (division B of Public Law 109– 

10 289, as amended by Public Law 110–5) is amended by 

11 inserting before the period: ‘‘; and of which, not to exceed 

12 $143,628,000 shall be available for contract support costs 

13 under the terms and conditions contained in Public Law 

14 109–54’’. 

15 SEC. 5502. Section 20512 of the Continuing Appro16 priations Resolution, 2007 (division B of Public Law 109– 

17 289, as amended by Public Law 110–5) is amended by 

18 inserting after the first dollar amount: ‘‘, of which not to 

19 exceed $7,300,000 shall be transferred to the ‘Indian 

20 Health Facilities’ account; the amount in the second pro21 viso shall be $18,000,000; the amount in the third proviso 

22 shall be $525,099,000; the amount in the ninth proviso 

23 shall be $269,730,000; and the $15,000,000 allocation of 

24 funding under the eleventh proviso shall not be required’’. 


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1 SEC. 5503. Section 20501 of the Continuing Appro2 priations Resolution, 2007 (division B of Public Law 109– 

3 289, as amended by Public Law 110–5) is amended by 

4 inserting after ‘‘$55,663,000’’ the following: ‘‘of which 

5 $13,000,000 shall be for Save America’s Treasures’’. 

6 SEC. 5504. Funds made available to the United 

7 States Fish and Wildlife Service for fiscal year 2007 under 

8 the heading ‘‘Land Acquisition’’ may be used for land con9 servation partnerships authorized by the Highlands Con10 servation Act of 2004. 

11 CHAPTER 6 

12 DEPARTMENT OF HEALTH AND HUMAN 

13 SERVICES 

14 NATIONAL INSTITUTES OF HEALTH

15 NATIONAL INSTITUTE OF ALLERGY AND INFECTIOUS

16 DISEASES

17 (TRANSFER OF FUNDS)

18 Of the amount provided by the Continuing Appro19 priations Resolution, 2007 (division B of Public Law 109– 

20 289, as amended by Public Law 110–5) for ‘‘National In21 stitute of Allergy and Infectious Diseases’’, $49,500,000 

22 shall be transferred to ‘‘Public Health and Social Services 

23 Emergency Fund’’ to carry out activities relating to ad24 vanced research and development as provided by section 

25 319L of the Public Health Service Act. 


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1 OFFICE OF THE DIRECTOR

2 (TRANSFER OF FUNDS)

3 Of the amount provided by the Continuing Appro4 priations Resolution, 2007 (division B of Public Law 109– 

5 289, as amended by Public Law 110–5) for ‘‘Office of the 

6 Director’’, $49,500,000 shall be transferred to ‘‘Public 

7 Health and Social Services Emergency Fund’’ to carry out 

8 activities relating to advanced research and development 

9 as provided by section 319L of the Public Health Service 

10 Act. 

11 NATIONAL COUNCIL ON DISABILITY

12 SALARIES AND EXPENSES

13 For an additional amount for ‘‘Salaries and Ex14 penses’’, $300,000, to remain available until expended, for 

15 necessary expenses related to the requirements of the 

16 Post-Katrina Emergency Management Reform Act of 

17 2006, as enacted by the Department of Homeland Secu18 rity Appropriations Act, 2007 (Public Law 109–295). 

19 GENERAL PROVISIONS—THIS CHAPTER 

20 (INCLUDING TRANSFERS OF FUNDS AND RESCISSION)

21 SEC. 5601. Section 20602 of the Continuing Appro22 priations Resolution, 2007 (division B of Public Law 109– 

23 289, as amended by Public Law 110–5) is amended by 

24 inserting the following after ‘‘$5,000,000’’: ‘‘(together 

25 with an additional $7,000,000 which shall be transferred 

26 by the Pension Benefit Guaranty Corporation as an auVerDate Aug 31 2005 23:48 May 14, 2007 Jkt 059200 PO 00000 Frm 00139 Fmt 6652 Sfmt 6201 E:\BILLS\H2206.PCS H2206

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1 thorized administrative cost), to remain available through 

2 September 30, 2008,’’. 

3 SEC. 5602. Section 20607 of the Continuing Appro4 priations Resolution, 2007 (division B of Public Law 109– 

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

6 inserting ‘‘of which $9,666,000 shall be for the Women’s 

7 Bureau,’’ after ‘‘for child labor activities,’’. 

8 SEC. 5603. Of the amount provided for ‘‘Department 

9 of Health and Human Services, Health Resources and 

10 Services Administration, Health Resources and Services’’ 

11 in the Continuing Appropriations Resolution, 2007 (divi12 sion B of Public Law 109–289, as amended by Public Law 

13 110–5), $23,000,000 shall be for Poison Control Centers. 

14 SEC. 5604. From the amounts made available by the 

15 Continuing Appropriations Resolution, 2007 (division B of 

16 Public Law 109–289, as amended by Public Law 110– 

17 5) for the Office of the Secretary, General Departmental 

18 Management under the Department of Health and Human 

19 Services, $1,000,000 are rescinded. 

20 SEC. 5605. Section 20625(b)(1) of the Continuing 

21 Appropriations Resolution, 2007 (division B of Public 

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

23 amended by— 

24 (1) striking ‘‘$7,172,994,000’’ and inserting 

25 ‘‘$7,176,431,000’’; 


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1 (2) amending subparagraph (A) to read as fol2 lows: ‘‘(A) $5,454,824,000 shall be for basic grants 

3 under section 1124 of the Elementary and Sec4 ondary Education Act of 1965 (ESEA), of which up 

5 to $3,437,000 shall be available to the Secretary of 

6 Education on October 1, 2006, to obtain annually 

7 updated educational-agency-level census poverty data 

8 from the Bureau of the Census;’’; and 

9 (3) amending subparagraph (C) to read as fol10 lows: ‘‘(C) not to exceed $2,352,000 may be avail11 able for section 1608 of the ESEA and for a clear12 inghouse on comprehensive school reform under part 

13 D of title V of the ESEA;’’. 

14 SEC. 5606. The provision in the first proviso under 

15 the heading ‘‘Rehabilitation Services and Disability Re16 search’’ in the Department of Education Appropriations 

17 Act, 2006, relating to alternative financing programs 

18 under section 4(b)(2)(D) of the Assistive Technology Act 

19 of 1998 shall not apply to funds appropriated by the Con20 tinuing Appropriations Resolution, 2007. 

21 SEC. 5607. Notwithstanding sections 20639 and 

22 20640 of the Continuing Appropriations Resolution, 2007, 

23 as amended by section 2 of the Revised Continuing Appro24 priations Resolution, 2007 (Public Law 110–5), the Chief 

25 Executive Officer of the Corporation for National and 


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1 Community Service may transfer an amount of not more 

2 than $1,360,000 from the account under the heading 

3 ‘‘National and Community Service Programs, Operating 

4 Expenses’’ under the heading ‘‘Corporation for National 

5 and Community Service’’, to the account under the head6 ing ‘‘Salaries and Expenses’’ under the heading ‘‘Corpora7 tion for National and Community Service’’. 

8 SEC. 5608. (a) Section 1310.12(a) of title 45, Code 

9 of Federal Regulations, shall take effect 30 days after the 

10 date of enactment of this division. 

11 (b)(1) Notwithstanding subsection (a), any vehicle 

12 used to transport children for a Head Start program as 

13 of January 1, 2007, shall not be subject to a requirement 

14 under such section (including a requirement based on the 

15 definitions set forth or referenced in section 1310.3 or any 

16 other provision set forth or referenced in part 1310 of 

17 such title, or any corresponding similar regulation or rul18 ing) regarding rear emergency exit doors, for 1 year after 

19 that date of enactment. 

20 (2) Not later than 60 days after the National High21 way Traffic Safety Administration of the Department of 

22 Transportation submits its study on occupant protection 

23 on Head Start transit vehicles (related to Government Ac24 countability Office report GAO–06–767R), the Secretary 

25 of Health and Human Services shall review and shall reVerDate Aug 31 2005 23:48 May 14, 2007 Jkt 059200 PO 00000 Frm 00142 Fmt 6652 Sfmt 6201 E:\BILLS\H2206.PCS H2206

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1 vise as necessary the allowable alternate vehicle standards 

2 described in that part 1310 (or any corresponding similar 

3 regulation or ruling) relating to allowable alternate vehi4 cles used to transport children for a Head Start program. 

5 In making any such revision, the Secretary shall revise 

6 the standards to be consistent with the findings contained 

7 in such study, including making a determination on the 

8 exemption of such a vehicle from Federal seat spacing re9 quirements, and Federal supporting seating requirements 

10 related to compartmentalization, if such vehicle meets all 

11 other applicable Federal motor vehicle safety standards, 

12 including standards for seating systems, occupant crash 

13 protection, seat belt assemblies, and child restraint an14 chorage systems consistent with that part 1310 (or any 

15 corresponding similar regulation or ruling). 

16 (3) Notwithstanding subsection (a), until such date 

17 as the Secretary of Health and Human Services completes 

18 the review and any necessary revision specified in para19 graph (2), the provisions of section 1310.12(a) relating 

20 to Federal seat spacing requirements, and Federal sup21 porting seating requirements related to 

22 compartmentalization, for allowable alternate vehicles 

23 used to transport children for a Head Start program, shall 

24 not apply to such a vehicle if such vehicle meets all other 


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1 applicable Federal motor vehicle safety standards, as de2 scribed in paragraph (2). 

3 SEC. 5609. (a)(1) Section 3(37)(G) of the Employee 

4 Retirement Income Security Act of 1974 (29 U.S.C. 

5 1002(37)(G)) (as amended by section 1106(a) of the Pen6 sion Protection Act of 2006) is amended— 

7 (A) in clause (i)(II)(aa), by striking ‘‘for each 

8 of the 3 plan years immediately before the date of 

9 the enactment of the Pension Protection Act of 

10 2006,’’ and inserting ‘‘for each of the 3 plan years 

11 immediately preceding the first plan year for which 

12 the election under this paragraph is effective with 

13 respect to the plan,’’; 

14 (B) in clause (ii), by striking ‘‘starting with the 

15 first plan year ending after the date of the enact16 ment of the Pension Protection Act of 2006’’ and in17 serting ‘‘starting with any plan year beginning on or 

18 after January 1, 1999, and ending before January 

19 1, 2008, as designated by the plan in the election 

20 made under clause (i)(II)’’; and 

21 (C) by adding at the end the following new 

22 clause: 

23 ‘‘(vii) For purposes of this Act and the Internal Rev24 enue Code of 1986, a plan making an election under this 

25 subparagraph shall be treated as maintained pursuant to 


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1 a collective bargaining agreement if a collective bargaining 

2 agreement, expressly or otherwise, provides for or permits 

3 employer contributions to the plan by one or more employ4 ers that are signatory to such agreement, or participation 

5 in the plan by one or more employees of an employer that 

6 is signatory to such agreement, regardless of whether the 

7 plan was created, established, or maintained for such em8 ployees by virtue of another document that is not a collec9 tive bargaining agreement.’’. 

10 (2) Paragraph (6) of section 414(f) of the Internal 

11 Revenue Code of 1986 (relating to election with regard 

12 to multiemployer status) (as amended by section 1106(b) 

13 of the Pension Protection Act of 2006) is amended— 

14 (A) in subparagraph (A)(ii)(I), by striking ‘‘for 

15 each of the 3 plan years immediately before the date 

16 of enactment of the Pension Protection Act of 

17 2006,’’ and inserting ‘‘for each of the 3 plan years 

18 immediately preceding the first plan year for which 

19 the election under this paragraph is effective with 

20 respect to the plan,’’; 

21 (B) in subparagraph (B), by striking ‘‘starting 

22 with the first plan year ending after the date of the 

23 enactment of the Pension Protection Act of 2006’’ 

24 and inserting ‘‘starting with any plan year beginning 

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1 uary 1, 2008, as designated by the plan in the elec2 tion made under subparagraph (A)(ii)’’; and 

3 (C) by adding at the end the following new sub4 paragraph: 

5 ‘‘(F) MAINTENANCE UNDER COLLECTIVE

6 BARGAINING AGREEMENT.—For purposes of 

7 this title and the Employee Retirement Income 

8 Security Act of 1974, a plan making an election 

9 under this paragraph shall be treated as main10 tained pursuant to a collective bargaining 

11 agreement if a collective bargaining agreement, 

12 expressly or otherwise, provides for or permits 

13 employer contributions to the plan by one or 

14 more employers that are signatory to such 

15 agreement, or participation in the plan by one 

16 or more employees of an employer that is signa17 tory to such agreement, regardless of whether 

18 the plan was created, established, or maintained 

19 for such employees by virtue of another docu20 ment that is not a collective bargaining agree21 ment.’’. 

22 (b)(1) Clause (vi) of section 3(37)(G) of the Em23 ployee Retirement Income Security Act of 1974 (as 

24 amended by section 1106(a) of the Pension Protection Act 

25 of 2006) is amended by striking ‘‘if it is a plan—’’ and 


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1 all that follows and inserting the following: ‘‘if it is a plan 

2 sponsored by an organization which is described in section 

3 501(c)(5) of the Internal Revenue Code of 1986 and ex4 empt from tax under section 501(a) of such Code and 

5 which was established in Chicago, Illinois, on August 12, 

6 1881.’’. 

7 (2) Subparagraph (E) of section 414(f)(6) of the In8 ternal Revenue Code of 1986 (as amended by section 

9 1106(b) of the Pension Protection Act of 2006) is amend10 ed by striking ‘‘if it is a plan—’’ and all that follows and 

11 inserting the following: ‘‘if it is a plan sponsored by an 

12 organization which is described in section 501(c)(5) and 

13 exempt from tax under section 501(a) and which was es14 tablished in Chicago, Illinois, on August 12, 1881.’’. 

15 (c) The amendments made by this section shall take 

16 effect as if included in section 1106 of the Pension Protec17 tion Act of 2006. 

18 SEC. 5610. (a) Subclause (III) of section 

19 420(f)(2)(E)(i) of the Internal Revenue Code of 1986 is 

20 amended by striking ‘‘subsection (c)(2)(E)(ii)(II)’’ and in21 serting ‘‘subsection (c)(3)(E)(ii)(II)’’. 

22 (b) Section 420(e)(2)(B) of the Internal Revenue 

23 Code of 1986 is amended by striking ‘‘funding shortfall’’ 

24 and inserting ‘‘funding target’’. 


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1 (c) The amendments made by this section shall take 

2 effect as if included in the provisions of the Pension Pro3 tection Act of 2006 to which they relate. 

4 SEC. 5611. (a) Subparagraph (A) of section 

5 420(c)(3) of the Internal Revenue Code of 1986 is amend6 ed by striking ‘‘transfer.’’ and inserting ‘‘transfer or, in 

7 the case of a transfer which involves a plan maintained 

8 by an employer described in subsection (f)(2)(E)(i)(III), 

9 if the plan meets the requirements of subsection 

10 (f)(2)(D)(i)(II).’’. 

11 (b) The amendment made by subsection (a) shall 

12 apply to transfers after the date of the enactment of this 

13 division. 

14 SEC. 5612. (a) Section 402(i)(1) of the Pension Pro15 tection Act of 2006 is amended by striking ‘‘December 28, 

16 2007’’ and inserting ‘‘January 1, 2008’’. 

17 (b) The amendment made by subsection (a) shall take 

18 effect as if included in section 402 of the Pension Protec19 tion Act of 2006. 


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1 CHAPTER 7 

2 LEGISLATIVE BRANCH 

3 HOUSE OF REPRESENTATIVES 

4 PAYMENT TO WIDOWS AND HEIRS OF DECEASED

5 MEMBERS OF CONGRESS

6 For payment to Gloria W. Norwood, widow of Charles 

7 W. Norwood, Jr., late a Representative from the State of 

8 Georgia, $165,200. 

9 For payment to James McDonald, Jr., widower of 

10 Juanita Millender-McDonald, late a Representative from 

11 the State of California, $165,200. 

12 CHAPTER 8 

13 GENERAL PROVISIONS—THIS CHAPTER 

14 TECHNICAL AMENDMENT

15 SEC. 5801. (a) Notwithstanding any other provision 

16 of law, subsection (c) under the heading ‘‘Assistance for 

17 the Independent States of the Former Soviet Union’’ in 

18 Public Law 109–102, shall not apply to funds appro19 priated by the Continuing Appropriations Resolution, 

20 2007 (Public Law 109–289, division B) as amended by 

21 Public Laws 109–369, 109–383, and 110–5. 

22 (b) Section 534(k) of the Foreign Operations, Export 

23 Financing, and Related Programs Appropriations Act, 

24 2006 (Public Law 109–102) is amended, in the second 

25 proviso, by inserting after ‘‘subsection (b) of that section’’ 


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1 the following: ‘‘and the requirement that a majority of the 

2 members of the board of directors be United States citi3 zens provided in subsection (d)(3)(B) of that section’’. 

4 (c) Subject to section 101(c)(2) of the Continuing 

5 Appropriations Resolution, 2007 (division B of Public 

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

7 amount of funds appropriated for ‘‘Foreign Military Fi8 nancing Program’’ pursuant to such Resolution shall be 

9 construed to be the total of the amount appropriated for 

10 such program by section 20401 of that Resolution and the 

11 amount made available for such program by section 591 

12 of the Foreign Operations, Export Financing, and Related 

13 Programs Appropriations Act, 2006 (Public Law 109– 

14 102) which is made applicable to the fiscal year 2007 by 

15 the provisions of such Resolution. 

16 SEC. 5802. Notwithstanding any provision of title I 

17 of division B of the Continuing Appropriations Resolution, 

18 2007 (division B of Public Law 109–289, as amended by 

19 Public Laws 109–369, 109–383, and 110–5), the dollar 

20 amount limitation of the first proviso under the heading, 

21 ‘‘Administration of Foreign Affairs, Diplomatic and Con22 sular Programs’’, in title IV of the Science, State, Justice, 

23 Commerce, and Related Agencies Appropriations Act, 

24 2006 (Public Law 109–108; 119 Stat. 2319) shall not 


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1 apply to funds appropriated under such heading for fiscal 

2 year 2007. 

3 CHAPTER 9 

4 DEPARTMENT OF HOUSING AND URBAN 

5 DEVELOPMENT 

6 OFFICE OF FEDERAL HOUSING ENTERPRISE OVERSIGHT

7 SALARIES AND EXPENSES

8 (INCLUDING TRANSFER OF FUNDS)

9 For an additional amount to carry out the Federal 

10 Housing Enterprises Financial Safety and Soundness Act 

11 of 1992, $6,150,000, to remain available until expended, 

12 to be derived from the Federal Housing Enterprises Over13 sight Fund and to be subject to the same terms and condi14 tions pertaining to funds provided under this heading in 

15 Public Law 109–115: Provided, That not to exceed the 

16 total amount provided for these activities for fiscal year 

17 2007 shall be available from the general fund of the Treas18 ury to the extent necessary to incur obligations and make 

19 expenditures pending the receipt of collections to the 

20 Fund: Provided further, That the general fund amount 

21 shall be reduced as collections are received during the fis22 cal year so as to result in a final appropriation from the 

23 general fund estimated at not more than $0. 

24 GENERAL PROVISIONS—THIS CHAPTER 

25 SEC. 5901. Hereafter, funds limited or appropriated 

26 for the Department of Transportation may be obligated 


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1 or expended to grant authority to a Mexican motor carrier 

2 to operate beyond United States municipalities and com3 mercial zones on the United States-Mexico border only to 

4 the extent that— 

5 (1) granting such authority is first tested as 

6 part of a pilot program; 

7 (2) such pilot program complies with the re8 quirements of section 350 of Public Law 107–87 

9 and the requirements of section 31315(c) of title 49, 

10 United States Code, related to pilot programs; and 

11 (3) simultaneous and comparable authority to 

12 operate within Mexico is made available to motor 

13 carriers domiciled in the United States. 

14 SEC. 5902. Funds provided for the ‘‘National Trans15 portation Safety Board, Salaries and Expenses’’ in section 

16 21031 of the Continuing Appropriations Resolution, 2007 

17 (division B of Public Law 109–289, as amended by Public 

18 Law 110–5) include amounts necessary to make lease pay19 ments due in fiscal year 2007 only, on an obligation in20 curred in 2001 under a capital lease. 

21 SEC. 5903. Section 21033 of the Continuing Appro22 priations Resolution, 2007 (division B of Public Law 109– 

23 289, as amended by Public Law 110–5) is amended by 

24 adding after the second proviso: ‘‘: Provided further, That 

25 paragraph (2) under such heading in Public Law 109– 


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1 115 (119 Stat. 2441) shall be funded at $149,300,000, 

2 but additional section 8 tenant protection rental assistance 

3 costs may be funded in 2007 by using unobligated bal4 ances, notwithstanding the purposes for which such 

5 amounts were appropriated, including recaptures and car6 ryover, remaining from funds appropriated to the Depart7 ment of Housing and Urban Development under this 

8 heading, the heading ‘Annual Contributions for Assisted 

9 Housing’, the heading ‘Housing Certificate Fund’, and the 

10 heading ‘Project-Based Rental Assistance’ for fiscal year 

11 2006 and prior fiscal years: Provided further, That para12 graph (3) under such heading in Public Law 109–115 

13 (119 Stat. 2441) shall be funded at $47,500,000: Pro14 vided further, That paragraph (4) under such heading in 

15 Public Law 109–115 (119 Stat. 2441) shall be funded at 

16 $5,900,000: Provided further, That paragraph (5) under 

17 such heading in Public Law 109–115 (119 Stat. 2441) 

18 shall be funded at $1,281,100,000, of which 

19 $1,251,100,000 shall be allocated for the calendar year 

20 2007 funding cycle on a pro rata basis to public housing 

21 agencies based on the amount public housing agencies 

22 were eligible to receive in calendar year 2006, and of which 

23 up to $30,000,000 shall be available to the Secretary to 

24 allocate to public housing agencies that need additional 

25 funds to administer their section 8 programs, with up to 


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1 $20,000,000 to be for fees associated with section 8 tenant 

2 protection rental assistance’’. 

3 SEC. 5904. Section 232(b) of the Departments of 

4 Veterans Affairs and Housing and Urban Development, 

5 and Independent Agencies Appropriations Act, 2001 

6 (Public Law 106–377) is amended to read as follows: 

7 ‘‘(b) APPLICABILITY.—In the case of any dwelling 

8 unit that, upon the date of the enactment of this Act, is 

9 assisted under a housing assistance payment contract 

10 under section 8(o)(13) as in effect before such enactment, 

11 or under section 8(d)(2) of the United States Housing Act 

12 of 1937 (42 U.S.C. 1437f(d)(2)) as in effect before the 

13 enactment of the Quality Housing and Work Responsi14 bility Act of 1998 (title V of Public Law 105–276), assist15 ance may be renewed or extended under such section 

16 8(o)(13), as amended by subsection (a), provided that the 

17 initial contract term and rent of such renewed or extended 

18 assistance shall be determined pursuant to subparagraphs 

19 (F) and (H), and subparagraphs (C) and (D) of such sec20 tion shall not apply to such extensions or renewals.’’. 


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1 CHAPTER 10 

2 GENERAL PROVISIONS—THIS DIVISION 

3 AVAILABILITY OF FUNDS

4 SEC. 5951. No part of any appropriation contained 

5 in this division shall remain available for obligation beyond 

6 the current fiscal year unless expressly so provided herein. 

7 DESIGNATION FOR TITLES I AND II

8 SEC. 5952. Amounts in titles I and II are designated 

9 as emergency requirements pursuant to section 402 of H. 

10 Con. Res. 95 (109th Congress), and as making appropria11 tions for contingency operations directly related to the 

12 global war on terrorism and other unanticipated defense13 related operations pursuant to section 402 of H. Con. Res. 

14 376 (109th Congress) as made applicable to the House 

15 of Representatives by section 511(a)(4) of H. Res. 6 

16 (110th Congress). 

17 EMERGENCY DESIGNATION FOR OTHER TITLES

18 SEC. 5953. Amounts in titles III, IV, and VI are des19 ignated as emergency requirements pursuant to section 

20 402 of H. Con. Res. 95 (109th Congress), and pursuant 

21 to section 501 of H. Con. Res. 376 (109th Congress) as 

22 made applicable to the House of Representatives by sec23 tion 511(a)(4) of H. Res. 6 (110th Congress). 


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1 TITLE VI—ELIMINATION OF 

2 SCHIP SHORTFALL AND 

3 OTHER HEALTH MATTERS 

4 DEPARTMENT OF HEALTH AND HUMAN 

5 SERVICES 

6 CENTERS FOR MEDICARE AND MEDICAID SERVICES

7 STATE CHILDREN’S HEALTH INSURANCE FUND

8 For an additional amount to provide additional allot9 ments to remaining shortfall States under section 

10 2104(h)(4) of the Social Security Act, as inserted by sec11 tion 6001, such sums as may be necessary, but not to ex12 ceed $650,000,000 for fiscal year 2007, to remain avail13 able until expended. 

14 GENERAL PROVISIONS—THIS TITLE 

15 SEC. 6001. (a) ELIMINATION OF REMAINDER OF

16 SCHIP FUNDING SHORTFALLS, TIERED MATCH, AND

17 OTHER LIMITATION ON EXPENDITURES.—Section 

18 2104(h) of the Social Security Act (42 U.S.C. 1397dd(h)), 

19 as added by section 201(a) of the National Institutes of 

20 Health Reform Act of 2006 (Public Law 109–482), is 

21 amended— 

22 (1) in the heading for paragraph (2), by strik23 ing ‘‘REMAINDER OF REDUCTION’’ and inserting 

24 ‘‘PART’’; and 


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1 (2) by striking paragraph (4) and inserting the 

2 following: 

3 ‘‘(4) ADDITIONAL AMOUNTS TO ELIMINATE RE4 MAINDER OF FISCAL YEAR 2007 FUNDING SHORT5 FALLS.— 

6 ‘‘(A) IN GENERAL.—From the amounts 

7 provided in advance in appropriations Acts, the 

8 Secretary shall allot to each remaining shortfall 

9 State described in subparagraph (B) such 

10 amount as the Secretary determines will elimi11 nate the estimated shortfall described in such 

12 subparagraph for the State for fiscal year 2007. 

13 ‘‘(B) REMAINING SHORTFALL STATE DE14 SCRIBED.—For purposes of subparagraph (A), 

15 a remaining shortfall State is a State with a 

16 State child health plan approved under this title 

17 for which the Secretary estimates, on the basis 

18 of the most recent data available to the Sec19 retary as of the date of the enactment of this 

20 paragraph, that the projected Federal expendi21 tures under such plan for the State for fiscal 

22 year 2007 will exceed the sum of— 

23 ‘‘(i) the amount of the State’s allot24 ments for each of fiscal years 2005 and 


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1 2006 that will not be expended by the end 

2 of fiscal year 2006; 

3 ‘‘(ii) the amount of the State’s allot4 ment for fiscal year 2007; and 

5 ‘‘(iii) the amounts, if any, that are to 

6 be redistributed to the State during fiscal 

7 year 2007 in accordance with paragraphs 

8 (1) and (2).’’. 

9 (b) CONFORMING AMENDMENTS.—Section 2104(h) 

10 of such Act (42 U.S.C. 1397dd(h)) (as so added), is 

11 amended— 

12 (1) in paragraph (1)(B), by striking ‘‘subject to 

13 paragraph (4)(B) and’’; 

14 (2) in paragraph (2)(B), by striking ‘‘subject to 

15 paragraph (4)(B) and’’; 

16 (3) in paragraph (5)(A), by striking ‘‘and (3)’’ 

17 and inserting ‘‘(3), and (4)’’; and 

18 (4) in paragraph (6)— 

19 (A) in the first sentence— 

20 (i) by inserting ‘‘or allotted’’ after 

21 ‘‘redistributed’’; and 

22 (ii) by inserting ‘‘or allotments’’ after 

23 ‘‘redistributions’’; and 

24 (B) by striking ‘‘and (3)’’ and inserting 

25 ‘‘(3), and (4)’’. 


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1 SEC. 6002. (a) PROHIBITION.— 

2 (1) LIMITATION ON SECRETARIAL AUTHOR3 ITY.—Notwithstanding any other provision of law, 

4 the Secretary of Health and Human Services shall 

5 not, prior to the date that is 1 year after the date 

6 of enactment of this division, take any action 

7 (through promulgation of regulation, issuance of 

8 regulatory guidance, or other administrative action) 

9 to— 

10 (A) finalize or otherwise implement provi11 sions contained in the proposed rule published 

12 on January 18, 2007, on pages 2236 through 

13 2248 of volume 72, Federal Register (relating 

14 to parts 433, 447, and 457 of title 42, Code of 

15 Federal Regulations); 

16 (B) promulgate or implement any rule or 

17 provisions similar to the provisions described in 

18 subparagraph (A) pertaining to the Medicaid 

19 program established under title XIX of the So20 cial Security Act or the State Children’s Health 

21 Insurance Program established under title XXI 

22 of such Act; or 

23 (C) promulgate or implement any rule or 

24 provisions restricting payments for graduate 

25 medical education under the Medicaid program. 


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1 (2) CONTINUATION OF OTHER SECRETARIAL

2 AUTHORITY.—The Secretary of Health and Human 

3 Service shall not be prohibited during the period de4 scribed in paragraph (1) from taking any action 

5 (through promulgation of regulation, issuance of 

6 regulatory guidance, or other administrative action) 

7 to enforce a provision of law in effect as of the date 

8 of enactment of this division with respect to the 

9 Medicaid program or the State Children’s Health In10 surance Program, or to promulgate or implement a 

11 new rule or provision during such period with re12 spect to such programs, other than a rule or provi13 sion described in paragraph (1) and subject to the 

14 prohibition set forth in that paragraph. 

15 (b) REQUIREMENT FOR USE OF TAMPER-RESISTANT

16 PRESCRIPTION PADS UNDER THE MEDICAID PRO17 GRAM.— 

18 (1) IN GENERAL.—Section 1903(i) of the Social 

19 Security Act (42 U.S.C. 1396b(i)) is amended— 

20 (A) by striking ‘‘or’’ at the end of para21 graph (21); 

22 (B) by striking the period at the end of 

23 paragraph (22) and inserting ‘‘; or’’; and 

24 (C) by inserting after paragraph (22) the 

25 following new paragraph: 


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1 ‘‘(23) with respect to amounts expended for 

2 medical assistance for covered outpatient drugs (as 

3 defined in section 1927(k)(2)) for which the pre4 scription was executed in written (and non-elec5 tronic) form unless the prescription was executed on 

6 a tamper-resistant pad.’’. 

7 (2) EFFECTIVE DATE.—The amendments made 

8 by paragraph (1) shall apply to prescriptions exe9 cuted after September 30, 2007. 

10 (c) EXTENSION OF CERTAIN PHARMACY PLUS WAIV11 ERS.— 

12 (1) AUTHORITY TO CONTINUE TO OPERATE

13 WAIVERS.—Notwithstanding any other provision of 

14 law, any State that is operating a Pharmacy Plus 

15 waiver described in paragraph (2) which would oth16 erwise expire on June 30, 2007, may elect to con17 tinue to operate the waiver through December 31, 

18 2009. 

19 (2) PHARMACY PLUS WAIVER DESCRIBED.—For 

20 purposes of paragraph (1), a Pharmacy Plus waiver 

21 described in this paragraph is a waiver approved by 

22 the Secretary of Health and Human Services under 

23 the authority of section 1115 of the Social Security 

24 Act (42 U.S.C. 1315) that provides coverage for pre25 scription drugs for individuals who have attained age 


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1 65 and whose family income does not exceed 200 

2 percent of the poverty line (as defined in section 

3 2110(c)(5) of such Act (42 U.S.C. 1397jj(c)(5)). 

4 TITLE VII—FAIR MINIMUM WAGE 

5 AND TAX RELIEF 

6 Subtitle A—Fair Minimum Wage 

7 SEC. 7101. SHORT TITLE. 

8 This subtitle may be cited as the ‘‘Fair Minimum 

9 Wage Act of 2007’’. 

10 SEC. 7102. MINIMUM WAGE. 

11 (a) IN GENERAL.—Section 6(a)(1) of the Fair Labor 

12 Standards Act of 1938 (29 U.S.C. 206(a)(1)) is amended 

13 to read as follows: 

14 ‘‘(1) except as otherwise provided in this sec15 tion, not less than— 

16 ‘‘(A) $5.85 an hour, beginning on the 60th 

17 day after the date of enactment of the Fair 

18 Minimum Wage Act of 2007; 

19 ‘‘(B) $6.55 an hour, beginning 12 months 

20 after that 60th day; and 

21 ‘‘(C) $7.25 an hour, beginning 24 months 

22 after that 60th day;’’. 

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

24 subsection (a) shall take effect 60 days after the date of 

25 enactment of this division. 


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1 SEC. 7103. APPLICABILITY OF MINIMUM WAGE TO AMER2 ICAN SAMOA AND THE COMMONWEALTH OF 

3 THE NORTHERN MARIANA ISLANDS. 

4 (a) IN GENERAL.—Section 6 of the Fair Labor 

5 Standards Act of 1938 (29 U.S.C. 206) shall apply to 

6 American Samoa and the Commonwealth of the Northern 

7 Mariana Islands. 

8 (b) TRANSITION.—Notwithstanding subsection (a)— 

9 (1) the minimum wage applicable to the Com10 monwealth of the Northern Mariana Islands under 

11 section 6(a)(1) of the Fair Labor Standards Act of 

12 1938 (29 U.S.C. 206(a)(1)) shall be— 

13 (A) $3.55 an hour, beginning on the 60th 

14 day after the date of enactment of this division; 

15 and 

16 (B) increased by $0.50 an hour (or such 

17 lesser amount as may be necessary to equal the 

18 minimum wage under section 6(a)(1) of such 

19 Act), beginning 1 year after the date of enact20 ment of this division and each year thereafter 

21 until the minimum wage applicable to the Com22 monwealth of the Northern Mariana Islands 

23 under this paragraph is equal to the minimum 

24 wage set forth in such section; and 

25 (2) the minimum wage applicable to American 

26 Samoa under section 6(a)(1) of the Fair Labor 


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1 Standards Act of 1938 (29 U.S.C. 206(a)(1)) shall 

2 be— 

3 (A) the applicable wage rate in effect for 

4 each industry and classification under section 

5 697 of title 29, Code of Federal Regulations, on 

6 the date of enactment of this division; 

7 (B) increased by $0.50 an hour, beginning 

8 on the 60th day after the date of enactment of 

9 this division; and 

10 (C) increased by $0.50 an hour (or such 

11 lesser amount as may be necessary to equal the 

12 minimum wage under section 6(a)(1) of such 

13 Act), beginning 1 year after the date of enact14 ment of this division and each year thereafter 

15 until the minimum wage applicable to American 

16 Samoa under this paragraph is equal to the 

17 minimum wage set forth in such section. 

18 (c) CONFORMING AMENDMENTS.— 

19 (1) IN GENERAL.—The Fair Labor Standards 

20 Act of 1938 is amended— 

21 (A) by striking sections 5 and 8; and 

22 (B) in section 6(a), by striking paragraph 

23 (3) and redesignating paragraphs (4) and (5) 

24 as paragraphs (3) and (4), respectively. 


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1 (2) EFFECTIVE DATE.—The amendments made 

2 by this subsection shall take effect 60 days after the 

3 date of enactment of this division. 

4 SEC. 7104. STUDY ON PROJECTED IMPACT. 

5 (a) STUDY.—Beginning on the date that is 26 

6 months after the date of enactment of this division, the 

7 Secretary of Labor shall, through the Bureau of Labor 

8 Statistics, conduct a study to— 

9 (1) assess the assess the impact of the wage in10 creases required by this division through such date; 

11 and 

12 (2) to project the impact of any further wage 

13 increase, 

14 on living standards and rates of employment in American 

15 Samoa and the Commonwealth of the Northern Mariana 

16 Islands. 

17 (b) REPORT.—Not later than the date that is 32 

18 months after the date of enactment of this division, the 

19 Secretary of Labor shall transmit to Congress a report 

20 on the findings of the study required by subsection (a). 


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1 Subtitle B—Small Business Tax 

2 Incentives 

3 SEC. 7201. SHORT TITLE; AMENDMENT OF CODE; TABLE OF 

4 CONTENTS. 

5 (a) SHORT TITLE.—This subtitle may be cited as the 

6 ‘‘Small Business and Work Opportunity Tax Act of 

7 2007’’. 

8 (b) AMENDMENT OF 1986 CODE.—Except as other9 wise expressly provided, whenever in this subtitle an 

10 amendment or repeal is expressed in terms of an amend11 ment to, or repeal of, a section or other provision, the ref12 erence shall be considered to be made to a section or other 

13 provision of the Internal Revenue Code of 1986. 

14 (c) TABLE OF CONTENTS.—The table of contents of 

15 this subtitle is as follows: 

Sec. 7201. Short title; amendment of Code; table of contents. 

PART 1—SMALL BUSINESS TAX RELIEF PROVISIONS

SUBPART A—GENERAL PROVISIONS

Sec. 7211. Extension and modification of work opportunity tax credit. 

Sec. 7212. Extension and increase of expensing for small business. 

Sec. 7213. Determination of credit for certain taxes paid with respect to employee cash tips. 

Sec. 7214. 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. 7215. Family business tax simplification. 

SUBPART B—GULF OPPORTUNITY ZONE TAX INCENTIVES

Sec. 7221. Extension of increased expensing for qualified section 179 Gulf Opportunity Zone property. 

Sec. 7222. Extension and expansion of low-income housing credit rules for 

buildings in the GO Zones. 

Sec. 7223. Special tax-exempt bond financing rule for repairs and reconstructions of residences in the GO Zones. 


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Sec. 7224. 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. 7231. Capital gain of S corporation not treated as passive investment income. 

Sec. 7232. Treatment of bank director shares. 

Sec. 7233. Special rule for bank required to change from the reserve method 

of accounting on becoming S corporation. 

Sec. 7234. Treatment of the sale of interest in a qualified subchapter S subsidiary. 

Sec. 7235. Elimination of all earnings and profits attributable to pre-1983 

years for certain corporations. 

Sec. 7236. Deductibility of interest expense on indebtedness incurred by an 

electing small business trust to acquire S corporation stock. 

PART 2—REVENUE PROVISIONS

Sec. 7241. Increase in age of children whose unearned income is taxed as if 

parent’s income. 

Sec. 7242. Suspension of certain penalties and interest. 

Sec. 7243. Modification of collection due process procedures for employment 

tax liabilities. 

Sec. 7244. Permanent extension of IRS user fees. 

Sec. 7245. Increase in penalty for bad checks and money orders. 

Sec. 7246. Understatement of taxpayer liability by return preparers. 

Sec. 7247. Penalty for filing erroneous refund claims. 

Sec. 7248. Time for payment of corporate estimated taxes. 

1 PART 1—SMALL BUSINESS TAX RELIEF 

2 PROVISIONS 

3 Subpart A—General Provisions 

4 SEC. 7211. EXTENSION AND MODIFICATION OF WORK OP5 PORTUNITY TAX CREDIT. 

6 (a) EXTENSION.—Section 51(c)(4)(B) (relating to 

7 termination) is amended by striking ‘‘December 31, 2007’’ 

8 and inserting ‘‘August 31, 2011’’. 

9 (b) INCREASE IN MAXIMUM AGE FOR DESIGNATED

10 COMMUNITY RESIDENTS.— 

11 (1) IN GENERAL.—Paragraph (5) of section 

12 51(d) is amended to read as follows: 


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1 ‘‘(5) DESIGNATED COMMUNITY RESIDENTS.— 

2 ‘‘(A) IN GENERAL.—The term ‘designated 

3 community resident’ means any individual who 

4 is certified by the designated local agency— 

5 ‘‘(i) as having attained age 18 but not 

6 age 40 on the hiring date, and 

7 ‘‘(ii) as having his principal place of 

8 abode within an empowerment zone, enter9 prise community, renewal community, or 

10 rural renewal county. 

11 ‘‘(B) INDIVIDUAL MUST CONTINUE TO RE12 SIDE IN ZONE, COMMUNITY, OR COUNTY.—In 

13 the case of a designated community resident, 

14 the term ‘qualified wages’ shall not include 

15 wages paid or incurred for services performed 

16 while the individual’s principal place of abode is 

17 outside an empowerment zone, enterprise com18 munity, renewal community, or rural renewal 

19 county. 

20 ‘‘(C) RURAL RENEWAL COUNTY.—For pur21 poses of this paragraph, the term ‘rural renewal 

22 county’ means any county which— 

23 ‘‘(i) is outside a metropolitan statis24 tical area (defined as such by the Office of 

25 Management and Budget), and 


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1 ‘‘(ii) during the 5-year periods 1990 

2 through 1994 and 1995 through 1999 had 

3 a net population loss.’’. 

4 (2) CONFORMING AMENDMENT.—Subparagraph 

5 (D) of section 51(d)(1) is amended to read as fol6 lows: 

7 ‘‘(D) a designated community resident,’’. 

8 (c) CLARIFICATION OF TREATMENT OF INDIVIDUALS

9 UNDER INDIVIDUAL WORK PLANS.—Subparagraph (B) 

10 of section 51(d)(6) (relating to vocational rehabilitation 

11 referral) is amended by striking ‘‘or’’ at the end of clause 

12 (i), by striking the period at the end of clause (ii) and 

13 inserting ‘‘, or’’, and by adding at the end the following 

14 new clause: 

15 ‘‘(iii) an individual work plan devel16 oped and implemented by an employment 

17 network pursuant to subsection (g) of sec18 tion 1148 of the Social Security Act with 

19 respect to which the requirements of such 

20 subsection are met.’’. 

21 (d) TREATMENT OF DISABLED VETERANS UNDER

22 THE WORK OPPORTUNITY TAX CREDIT.— 

23 (1) DISABLED VETERANS TREATED AS MEM24 BERS OF TARGETED GROUP.— 


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1 (A) IN GENERAL.—Subparagraph (A) of 

2 section 51(d)(3) (relating to qualified veteran) 

3 is amended by striking ‘‘agency as being a 

4 member of a family’’ and all that follows and 

5 inserting ‘‘agency as— 

6 ‘‘(i) being a member of a family re7 ceiving assistance under a food stamp pro8 gram under the Food Stamp Act of 1977 

9 for at least a 3-month period ending dur10 ing the 12-month period ending on the hir11 ing date, or 

12 ‘‘(ii) entitled to compensation for a 

13 service-connected disability, and— 

14 ‘‘(I) having a hiring date which is 

15 not more that 1 year after having 

16 been discharged or released from ac17 tive duty in the Armed Forces of the 

18 United States, or 

19 ‘‘(II) having aggregate periods of 

20 unemployment during the 1-year pe21 riod ending on the hiring date which 

22 equal or exceed 6 months.’’. 

23 (B) DEFINITIONS.—Paragraph (3) of sec24 tion 51(d) is amended by adding at the end the 

25 following new subparagraph: 


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1 ‘‘(C) OTHER DEFINITIONS.—For purposes 

2 of subparagraph (A), the terms ‘compensation’ 

3 and ‘service-connected’ have the meanings given 

4 such terms under section 101 of title 38, 

5 United States Code.’’. 

6 (2) INCREASE IN AMOUNT OF WAGES TAKEN

7 INTO ACCOUNT FOR DISABLED VETERANS.—Para8 graph (3) of section 51(b) is amended— 

9 (A) by inserting ‘‘($12,000 per year in the 

10 case of any individual who is a qualified veteran 

11 by reason of subsection (d)(3)(A)(ii))’’ before 

12 the period at the end, and 

13 (B) by striking ‘‘ONLY FIRST $6,000 OF’’ in 

14 the heading and inserting ‘‘LIMITATION ON’’. 

15 (e) EFFECTIVE DATE.—The amendments made by 

16 this section shall apply to individuals who begin work for 

17 the employer after the date of the enactment of this divi18 sion. 

19 SEC. 7212. EXTENSION AND INCREASE OF EXPENSING FOR 

20 SMALL BUSINESS. 

21 (a) EXTENSION.—Subsections (b)(1), (b)(2), (b)(5), 

22 (c)(2), and (d)(1)(A)(ii) of section 179 (relating to election 

23 to expense certain depreciable business assets) are each 

24 amended by striking ‘‘2010’’ and inserting ‘‘2011’’. 


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1 (b) INCREASE IN LIMITATIONS.—Subsection (b) of 

2 section 179 is amended— 

3 (1) by striking ‘‘$100,000 in the case of taxable 

4 years beginning after 2002’’ in paragraph (1) and 

5 inserting ‘‘$125,000 in the case of taxable years be6 ginning after 2006’’, and 

7 (2) by striking ‘‘$400,000 in the case of taxable 

8 years beginning after 2002’’ in paragraph (2) and 

9 inserting ‘‘$500,000 in the case of taxable years be10 ginning after 2006’’. 

11 (c) INFLATION ADJUSTMENT.—Subparagraph (A) of 

12 section 179(b)(5) is amended— 

13 (1) by striking ‘‘2003’’ and inserting ‘‘2007’’, 

14 (2) by striking ‘‘$100,000 and $400,000’’ and 

15 inserting ‘‘$125,000 and $500,000’’, and 

16 (3) by striking ‘‘2002’’ in clause (ii) and insert17 ing ‘‘2006’’. 

18 (d) EFFECTIVE DATE.—The amendments made by 

19 this section shall apply to taxable years beginning after 

20 December 31, 2006. 


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1 SEC. 7213. DETERMINATION OF CREDIT FOR CERTAIN 

2 TAXES PAID WITH RESPECT TO EMPLOYEE 

3 CASH TIPS. 

4 (a) IN GENERAL.—Subparagraph (B) of section 

5 45B(b)(1) is amended by inserting ‘‘as in effect on Janu6 ary 1, 2007, and’’ before ‘‘determined without regard to’’. 

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

8 this section shall apply to tips received for services per9 formed after December 31, 2006. 

10 SEC. 7214. WAIVER OF INDIVIDUAL AND CORPORATE AL11 TERNATIVE MINIMUM TAX LIMITS ON WORK 

12 OPPORTUNITY CREDIT AND CREDIT FOR 

13 TAXES PAID WITH RESPECT TO EMPLOYEE 

14 CASH TIPS. 

15 (a) ALLOWANCE AGAINST ALTERNATIVE MINIMUM

16 TAX.—Subparagraph (B) of section 38(c)(4) is amended 

17 by striking ‘‘and’’ at the end of clause (i), by inserting 

18 a comma at the end of clause (ii), and by adding at the 

19 end the following new clauses: 

20 ‘‘(iii) the credit determined under sec21 tion 45B, and 

22 ‘‘(iv) the credit determined under sec23 tion 51.’’. 

24 (b) EFFECTIVE DATE.—The amendments made by 

25 this section shall apply to credits determined under sec26 tions 45B and 51 of the Internal Revenue Code of 1986 


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1 in taxable years beginning after December 31, 2006, and 

2 to carrybacks of such credits. 

3 SEC. 7215. FAMILY BUSINESS TAX SIMPLIFICATION. 

4 (a) IN GENERAL.—Section 761 (defining terms for 

5 purposes of partnerships) is amended by redesignating 

6 subsection (f) as subsection (g) and by inserting after sub7 section (e) the following new subsection: 

8 ‘‘(f) QUALIFIED JOINT VENTURE.— 

9 ‘‘(1) IN GENERAL.—In the case of a qualified 

10 joint venture conducted by a husband and wife who 

11 file a joint return for the taxable year, for purposes 

12 of this title— 

13 ‘‘(A) such joint venture shall not be treat14 ed as a partnership, 

15 ‘‘(B) all items of income, gain, loss, deduc16 tion, and credit shall be divided between the 

17 spouses in accordance with their respective in18 terests in the venture, and 

19 ‘‘(C) each spouse shall take into account 

20 such spouse’s respective share of such items as 

21 if they were attributable to a trade or business 

22 conducted by such spouse as a sole proprietor. 

23 ‘‘(2) QUALIFIED JOINT VENTURE.—For pur24 poses of paragraph (1), the term ‘qualified joint venVerDate Aug 31 2005 23:48 May 14, 2007 Jkt 059200 PO 00000 Frm 00174 Fmt 6652 Sfmt 6201 E:\BILLS\H2206.PCS H2206

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1 ture’ means any joint venture involving the conduct 

2 of a trade or business if— 

3 ‘‘(A) the only members of such joint ven4 ture are a husband and wife, 

5 ‘‘(B) both spouses materially participate 

6 (within the meaning of section 469(h) without 

7 regard to paragraph (5) thereof) in such trade 

8 or business, and 

9 ‘‘(C) both spouses elect the application of 

10 this subsection.’’. 

11 (b) NET EARNINGS FROM SELF-EMPLOYMENT.— 

12 (1) Subsection (a) of section 1402 (defining net 

13 earnings from self-employment) is amended by strik14 ing ‘‘, and’’ at the end of paragraph (15) and insert15 ing a semicolon, by striking the period at the end of 

16 paragraph (16) and inserting ‘‘; and’’, and by insert17 ing after paragraph (16) the following new para18 graph: 

19 ‘‘(17) notwithstanding the preceding provisions 

20 of this subsection, each spouse’s share of income or 

21 loss from a qualified joint venture shall be taken 

22 into account as provided in section 761(f) in deter23 mining net earnings from self-employment of such 

24 spouse.’’. 


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1 (2) Subsection (a) of section 211 of the Social 

2 Security Act (defining net earnings from self-em3 ployment) is amended by striking ‘‘and’’ at the end 

4 of paragraph (14), by striking the period at the end 

5 of paragraph (15) and inserting ‘‘; and’’, and by in6 serting after paragraph (15) the following new para7 graph: 

8 ‘‘(16) Notwithstanding the preceding provisions 

9 of this subsection, each spouse’s share of income or 

10 loss from a qualified joint venture shall be taken 

11 into account as provided in section 761(f) of the In12 ternal Revenue Code of 1986 in determining net 

13 earnings from self-employment of such spouse.’’. 

14 (c) EFFECTIVE DATE.—The amendments made by 

15 this section shall apply to taxable years beginning after 

16 December 31, 2006. 

17 Subpart B—Gulf Opportunity Zone Tax Incentives 

18 SEC. 7221. EXTENSION OF INCREASED EXPENSING FOR 

19 QUALIFIED SECTION 179 GULF OPPORTUNITY 

20 ZONE PROPERTY. 

21 Paragraph (2) of section 1400N(e) (relating to quali22 fied section 179 Gulf Opportunity Zone property) is 

23 amended— 

24 (1) by striking ‘‘this subsection, the term’’ and 

25 inserting: 


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1 ‘‘this subsection— 

2 ‘‘(A) IN GENERAL.—The term’’, and 

3 (2) by adding at the end the following new sub4 paragraph: 

5 ‘‘(B) EXTENSION FOR CERTAIN PROP6 ERTY.—In the case of property substantially all 

7 of the use of which is in one or more specified 

8 portions of the GO Zone (as defined by sub9 section (d)(6)), such term shall include section 

10 179 property (as so defined) which is described 

11 in subsection (d)(2), determined— 

12 ‘‘(i) without regard to subsection 

13 (d)(6), and 

14 ‘‘(ii) by substituting ‘2008’ for ‘2007’ 

15 in subparagraph (A)(v) thereof.’’. 

16 SEC. 7222. EXTENSION AND EXPANSION OF LOW-INCOME 

17 HOUSING CREDIT RULES FOR BUILDINGS IN 

18 THE GO ZONES. 

19 (a) TIME FOR MAKING LOW-INCOME HOUSING

20 CREDIT ALLOCATIONS.—Subsection (c) of section 1400N 

21 (relating to low-income housing credit) is amended by re22 designating paragraph (5) as paragraph (6) and by insert23 ing after paragraph (4) the following new paragraph: 

24 ‘‘(5) TIME FOR MAKING LOW-INCOME HOUSING

25 CREDIT ALLOCATIONS.—Section 42(h)(1)(B) shall 


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1 not apply to an allocation of housing credit dollar 

2 amount to a building located in the Gulf Oppor3 tunity Zone, the Rita GO Zone, or the Wilma GO 

4 Zone, if such allocation is made in 2006, 2007, or 

5 2008, and such building is placed in service before 

6 January 1, 2011.’’. 

7 (b) EXTENSION OF PERIOD FOR TREATING GO 

8 ZONES AS DIFFICULT DEVELOPMENT AREAS.— 

9 (1) IN GENERAL.—Subparagraph (A) of section 

10 1400N(c)(3) is amended by striking ‘‘2006, 2007, or 

11 2008’’ and inserting ‘‘the period beginning on Janu12 ary 1, 2006, and ending on December 31, 2010’’. 

13 (2) CONFORMING AMENDMENT.—Clause (ii) of 

14 section 1400N(c)(3)(B) is amended by striking 

15 ‘‘such period’’ and inserting ‘‘the period described in 

16 subparagraph (A)’’. 

17 (c) COMMUNITY DEVELOPMENT BLOCK GRANTS NOT

18 TAKEN INTO ACCOUNT IN DETERMINING IF BUILDINGS

19 ARE FEDERALLY SUBSIDIZED.—Subsection (c) of section 

20 1400N (relating to low-income housing credit), as amend21 ed by this division, is amended by redesignating paragraph 

22 (6) as paragraph (7) and by inserting after paragraph (5) 

23 the following new paragraph: 

24 ‘‘(6) COMMUNITY DEVELOPMENT BLOCK

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1 MINING IF BUILDINGS ARE FEDERALLY SUB2 SIDIZED.—For purpose of applying section 

3 42(i)(2)(D) to any building which is placed in serv4 ice in the Gulf Opportunity Zone, the Rita GO Zone, 

5 or the Wilma GO Zone during the period beginning 

6 on January 1, 2006, and ending on December 31, 

7 2010, a loan shall not be treated as a below market 

8 Federal loan solely by reason of any assistance pro9 vided under section 106, 107, or 108 of the Housing 

10 and Community Development Act of 1974 by reason 

11 of section 122 of such Act or any provision of the 

12 Department of Defense Appropriations Act, 2006, or 

13 the Emergency Supplemental Appropriations Act for 

14 Defense, the Global War on Terror, and Hurricane 

15 Recovery, 2006.’’. 

16 SEC. 7223. SPECIAL TAX-EXEMPT BOND FINANCING RULE 

17 FOR REPAIRS AND RECONSTRUCTIONS OF 

18 RESIDENCES IN THE GO ZONES. 

19 Subsection (a) of section 1400N (relating to tax-ex20 empt bond financing) is amended by adding at the end 

21 the following new paragraph: 

22 ‘‘(7) SPECIAL RULE FOR REPAIRS AND RECON23 STRUCTIONS.— 

24 ‘‘(A) IN GENERAL.—For purposes of sec25 tion 143 and this subsection, any qualified GO 


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1 Zone repair or reconstruction shall be treated 

2 as a qualified rehabilitation. 

3 ‘‘(B) QUALIFIED GO ZONE REPAIR OR RE4 CONSTRUCTION.—For purposes of subpara5 graph (A), the term ‘qualified GO Zone repair 

6 or reconstruction’ means any repair of damage 

7 caused by Hurricane Katrina, Hurricane Rita, 

8 or Hurricane Wilma to a building located in the 

9 Gulf Opportunity Zone, the Rita GO Zone, or 

10 the Wilma GO Zone (or reconstruction of such 

11 building in the case of damage constituting de12 struction) if the expenditures for such repair or 

13 reconstruction are 25 percent or more of the 

14 mortgagor’s adjusted basis in the residence. 

15 For purposes of the preceding sentence, the 

16 mortgagor’s adjusted basis shall be determined 

17 as of the completion of the repair or reconstruc18 tion or, if later, the date on which the mort19 gagor acquires the residence. 

20 ‘‘(C) TERMINATION.—This paragraph shall 

21 apply only to owner-financing provided after the 

22 date of the enactment of this paragraph and be23 fore January 1, 2011.’’. 


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1 SEC. 7224. GAO STUDY OF PRACTICES EMPLOYED BY STATE 

2 AND LOCAL GOVERNMENTS IN ALLOCATING 

3 AND UTILIZING TAX INCENTIVES PROVIDED 

4 PURSUANT TO THE GULF OPPORTUNITY 

5 ZONE ACT OF 2005. 

6 (a) IN GENERAL.—The Comptroller General of the 

7 United States shall conduct a study of the practices em8 ployed by State and local governments, and subdivisions 

9 thereof, in allocating and utilizing tax incentives provided 

10 pursuant to the Gulf Opportunity Zone Act of 2005 and 

11 this division. 

12 (b) SUBMISSION OF REPORT.—Not later than one 

13 year after the date of the enactment of this division, the 

14 Comptroller General shall submit a report on the findings 

15 of the study conducted under subsection (a) and shall in16 clude therein recommendations (if any) relating to such 

17 findings. The report shall be submitted to the Committee 

18 on Ways and Means of the House of Representatives and 

19 the Committee on Finance of the Senate. 

20 (c) CONGRESSIONAL HEARINGS.—In the case that 

21 the report submitted under this section includes findings 

22 of significant fraud, waste or abuse, each Committee spec23 ified in subsection (b) shall, within 60 days after the date 

24 the report is submitted under subsection (b), hold a public 

25 hearing to review such findings. 


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1 Subpart C—Subchapter S Provisions 

2 SEC. 7231. CAPITAL GAIN OF S CORPORATION NOT TREAT3 ED AS PASSIVE INVESTMENT INCOME. 

4 (a) IN GENERAL.—Section 1362(d)(3) is amended by 

5 striking subparagraphs (B), (C), (D), (E), and (F) and 

6 inserting the following new subparagraphs: 

7 ‘‘(B) GROSS RECEIPTS FROM THE SALES

8 OF CERTAIN ASSETS.—For purposes of this 

9 paragraph— 

10 ‘‘(i) in the case of dispositions of cap11 ital assets (other than stock and securi12 ties), gross receipts from such dispositions 

13 shall be taken into account only to the ex14 tent of the capital gain net income there15 from, and 

16 ‘‘(ii) in the case of sales or exchanges 

17 of stock or securities, gross receipts shall 

18 be taken into account only to the extent of 

19 the gains therefrom. 

20 ‘‘(C) PASSIVE INVESTMENT INCOME DE21 FINED.— 

22 ‘‘(i) IN GENERAL.—Except as other23 wise provided in this subparagraph, the 

24 term ‘passive investment income’ means 

25 gross receipts derived from royalties, rents, 

26 dividends, interest, and annuities. 


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1 ‘‘(ii) EXCEPTION FOR INTEREST ON

2 NOTES FROM SALES OF INVENTORY.—The 

3 term ‘passive investment income’ shall not 

4 include interest on any obligation acquired 

5 in the ordinary course of the corporation’s 

6 trade or business from its sale of property 

7 described in section 1221(a)(1). 

8 ‘‘(iii) TREATMENT OF CERTAIN LEND9 ING OR FINANCE COMPANIES.—If the S 

10 corporation meets the requirements of sec11 tion 542(c)(6) for the taxable year, the 

12 term ‘passive investment income’ shall not 

13 include gross receipts for the taxable year 

14 which are derived directly from the active 

15 and regular conduct of a lending or finance 

16 business (as defined in section 542(d)(1)). 

17 ‘‘(iv) TREATMENT OF CERTAIN DIVI18 DENDS.—If an S corporation holds stock 

19 in a C corporation meeting the require20 ments of section 1504(a)(2), the term ‘pas21 sive investment income’ shall not include 

22 dividends from such C corporation to the 

23 extent such dividends are attributable to 

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1 tion derived from the active conduct of a 

2 trade or business. 

3 ‘‘(v) EXCEPTION FOR BANKS, ETC.— 

4 In the case of a bank (as defined in section 

5 581) or a depository institution holding 

6 company (as defined in section 3(w)(1) of 

7 the Federal Deposit Insurance Act (12 

8 U.S.C. 1813(w)(1)), the term ‘passive in9 vestment income’ shall not include— 

10 ‘‘(I) interest income earned by 

11 such bank or company, or 

12 ‘‘(II) dividends on assets required 

13 to be held by such bank or company, 

14 including stock in the Federal Reserve 

15 Bank, the Federal Home Loan Bank, 

16 or the Federal Agricultural Mortgage 

17 Bank or participation certificates 

18 issued by a Federal Intermediate 

19 Credit Bank.’’. 

20 (b) EFFECTIVE DATE.—The amendments made by 

21 this section shall apply to taxable years beginning after 

22 the date of the enactment of this division. 


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1 SEC. 7232. TREATMENT OF BANK DIRECTOR SHARES. 

2 (a) IN GENERAL.—Section 1361 (defining S corpora3 tion) is amended by adding at the end the following new 

4 subsection: 

5 ‘‘(f) RESTRICTED BANK DIRECTOR STOCK.— 

6 ‘‘(1) IN GENERAL.—Restricted bank director 

7 stock shall not be taken into account as outstanding 

8 stock of the S corporation in applying this sub9 chapter (other than section 1368(f)). 

10 ‘‘(2) RESTRICTED BANK DIRECTOR STOCK.— 

11 For purposes of this subsection, the term ‘restricted 

12 bank director stock’ means stock in a bank (as de13 fined in section 581) or a depository institution 

14 holding company (as defined in section 3(w)(1) of 

15 the Federal Deposit Insurance Act (12 U.S.C. 

16 1813(w)(1)), if such stock— 

17 ‘‘(A) is required to be held by an individual 

18 under applicable Federal or State law in order 

19 to permit such individual to serve as a director, 

20 and 

21 ‘‘(B) is subject to an agreement with such 

22 bank or company (or a corporation which con23 trols (within the meaning of section 368(c)) 

24 such bank or company) pursuant to which the 

25 holder is required to sell back such stock (at 

26 the same price as the individual acquired such 


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1 stock) upon ceasing to hold the office of direc2 tor. 

3 ‘‘(3) CROSS REFERENCE.— 

‘‘For treatment of certain distributions with respect to restricted bank director 

stock, see section 1368(f).’’. 

4 (b) DISTRIBUTIONS.—Section 1368 (relating to dis5 tributions) is amended by adding at the end the following 

6 new subsection: 

7 ‘‘(f) RESTRICTED BANK DIRECTOR STOCK.—If a di8 rector receives a distribution (not in part or full payment 

9 in exchange for stock) from an S corporation with respect 

10 to any restricted bank director stock (as defined in section 

11 1361(f)), the amount of such distribution— 

12 ‘‘(1) shall be includible in gross income of the 

13 director, and 

14 ‘‘(2) shall be deductible by the corporation for 

15 the taxable year of such corporation in which or with 

16 which ends the taxable year in which such amount 

17 in included in the gross income of the director.’’. 

18 (c) EFFECTIVE DATES.— 

19 (1) IN GENERAL.—The amendments made by 

20 this section shall apply to taxable years beginning 

21 after December 31, 2006. 

22 (2) SPECIAL RULE FOR TREATMENT AS SECOND

23 CLASS OF STOCK.—In the case of any taxable year 

24 beginning after December 31, 1996, restricted bank 


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1 director stock (as defined in section 1361(f) of the 

2 Internal Revenue Code of 1986, as added by this 

3 section) shall not be taken into account in deter4 mining whether an S corporation has more than 1 

5 class of stock. 

6 SEC. 7233. SPECIAL RULE FOR BANK REQUIRED TO 

7 CHANGE FROM THE RESERVE METHOD OF 

8 ACCOUNTING ON BECOMING S CORPORA9 TION. 

10 (a) IN GENERAL.—Section 1361, as amended by this 

11 division, is amended by adding at the end the following 

12 new subsection: 

13 ‘‘(g) SPECIAL RULE FOR BANK REQUIRED TO

14 CHANGE FROM THE RESERVE METHOD OF ACCOUNTING

15 ON BECOMING S CORPORATION.—In the case of a bank 

16 which changes from the reserve method of accounting for 

17 bad debts described in section 585 or 593 for its first tax18 able year for which an election under section 1362(a) is 

19 in effect, the bank may elect to take into account any ad20 justments under section 481 by reason of such change for 

21 the taxable year immediately preceding such first taxable 

22 year.’’. 

23 (b) EFFECTIVE DATE.—The amendments made by 

24 this section shall apply to taxable years beginning after 

25 December 31, 2006. 


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1 SEC. 7234. TREATMENT OF THE SALE OF INTEREST IN A 

2 QUALIFIED SUBCHAPTER S SUBSIDIARY. 

3 (a) IN GENERAL.—Subparagraph (C) of section 

4 1361(b)(3) (relating to treatment of terminations of quali5 fied subchapter S subsidiary status) is amended— 

6 (1) by striking ‘‘For purposes of this title,’’ and 

7 inserting the following: 

8 ‘‘(i) IN GENERAL.—For purposes of 

9 this title,’’, and 

10 (2) by inserting at the end the following new 

11 clause: 

12 ‘‘(ii) TERMINATION BY REASON OF

13 SALE OF STOCK.—If the failure to meet 

14 the requirements of subparagraph (B) is 

15 by reason of the sale of stock of a corpora16 tion which is a qualified subchapter S sub17 sidiary, the sale of such stock shall be 

18 treated as if— 

19 ‘‘(I) the sale were a sale of an 

20 undivided interest in the assets of 

21 such corporation (based on the per22 centage of the corporation’s stock 

23 sold), and 

24 ‘‘(II) the sale were followed by an 

25 acquisition by such corporation of all 

26 of its assets (and the assumption by 


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1 such corporation of all of its liabil2 ities) in a transaction to which section 

3 351 applies.’’. 

4 (b) EFFECTIVE DATE.—The amendments made by 

5 this section shall apply to taxable years beginning after 

6 December 31, 2006. 

7 SEC. 7235. ELIMINATION OF ALL EARNINGS AND PROFITS 

8 ATTRIBUTABLE TO PRE-1983 YEARS FOR CER9 TAIN CORPORATIONS. 

10 In the case of a corporation which is— 

11 (1) described in section 1311(a)(1) of the Small 

12 Business Job Protection Act of 1996, and 

13 (2) not described in section 1311(a)(2) of such 

14 Act, 

15 the amount of such corporation’s accumulated earnings 

16 and profits (for the first taxable year beginning after the 

17 date of the enactment of this division) shall be reduced 

18 by an amount equal to the portion (if any) of such accu19 mulated earnings and profits which were accumulated in 

20 any taxable year beginning before January 1, 1983, for 

21 which such corporation was an electing small business cor22 poration under subchapter S of the Internal Revenue Code 

23 of 1986. 


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1 SEC. 7236. DEDUCTIBILITY OF INTEREST EXPENSE ON IN2 DEBTEDNESS INCURRED BY AN ELECTING 

3 SMALL BUSINESS TRUST TO ACQUIRE S COR4 PORATION STOCK. 

5 (a) IN GENERAL.—Subparagraph (C) of section 

6 641(c)(2) (relating to modifications) is amended by insert7 ing after clause (iii) the following new clause: 

8 ‘‘(iv) Any interest expense paid or ac9 crued on indebtedness incurred to acquire 

10 stock in an S corporation.’’. 

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

12 this section shall apply to taxable years beginning after 

13 December 31, 2006. 

14 PART 2—REVENUE PROVISIONS 

15 SEC. 7241. INCREASE IN AGE OF CHILDREN WHOSE UN16 EARNED INCOME IS TAXED AS IF PARENT’S 

17 INCOME. 

18 (a) IN GENERAL.—Subparagraph (A) of section 

19 1(g)(2) (relating to child to whom subsection applies) is 

20 amended to read as follows: 

21 ‘‘(A) such child— 

22 ‘‘(i) has not attained age 18 before 

23 the close of the taxable year, or 

24 ‘‘(ii)(I) has attained age 18 before the 

25 close of the taxable year and meets the age 

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1 mined without regard to subparagraph (B) 

2 thereof), and 

3 ‘‘(II) whose earned income (as defined 

4 in section 911(d)(2)) for such taxable year 

5 does not exceed one-half of the amount of 

6 the individual’s support (within the mean7 ing of section 152(c)(1)(D) after the appli8 cation of section 152(f)(5) (without regard 

9 to subparagraph (A) thereof)) for such 

10 taxable year,’’. 

11 (b) CONFORMING AMENDMENT.—Subsection (g) of 

12 section 1 is amended by striking ‘‘MINOR’’ in the heading 

13 thereof. 

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

15 this section shall apply to taxable years beginning after 

16 the date of the enactment of this division. 

17 SEC. 7242. SUSPENSION OF CERTAIN PENALTIES AND IN18 TEREST. 

19 (a) IN GENERAL.—Paragraphs (1)(A) and (3)(A) of 

20 section 6404(g) are each amended by striking ‘‘18-month 

21 period’’ and inserting ‘‘36-month period’’. 

22 (b) EFFECTIVE DATE.—The amendments made by 

23 this section shall apply to notices provided by the Sec24 retary of the Treasury, or his delegate, after the date 


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1 which is 6 months after the date of the enactment of this 

2 division. 

3 SEC. 7243. MODIFICATION OF COLLECTION DUE PROCESS 

4 PROCEDURES FOR EMPLOYMENT TAX LI5 ABILITIES. 

6 (a) IN GENERAL.—Section 6330(f) (relating to jeop7 ardy and State refund collection) is amended— 

8 (1) by striking ‘‘; or’’ at the end of paragraph 

9 (1) and inserting a comma, 

10 (2) by adding ‘‘or’’ at the end of paragraph (2), 

11 and 

12 (3) by inserting after paragraph (2) the fol13 lowing new paragraph: 

14 ‘‘(3) the Secretary has served a disqualified em15 ployment tax levy,’’. 

16 (b) DISQUALIFIED EMPLOYMENT TAX LEVY.—Sec17 tion 6330 of such Code (relating to notice and opportunity 

18 for hearing before levy) is amended by adding at the end 

19 the following new subsection: 

20 ‘‘(h) DISQUALIFIED EMPLOYMENT TAX LEVY.—For 

21 purposes of subsection (f), a disqualified employment tax 

22 levy is any levy in connection with the collection of employ23 ment taxes for any taxable period if the person subject 

24 to the levy (or any predecessor thereof) requested a hear25 ing under this section with respect to unpaid employment 


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1 taxes arising in the most recent 2-year period before the 

2 beginning of the taxable period with respect to which the 

3 levy is served. For purposes of the preceding sentence, the 

4 term ‘employment taxes’ means any taxes under chapter 

5 21, 22, 23, or 24.’’. 

6 (c) EFFECTIVE DATE.—The amendments made by 

7 this section shall apply to levies served on or after the date 

8 that is 120 days after the date of the enactment of this 

9 division. 

10 SEC. 7244. PERMANENT EXTENSION OF IRS USER FEES. 

11 Section 7528 (relating to Internal Revenue Service 

12 user fees) is amended by striking subsection (c). 

13 SEC. 7245. INCREASE IN PENALTY FOR BAD CHECKS AND 

14 MONEY ORDERS. 

15 (a) IN GENERAL.—Section 6657 (relating to bad 

16 checks) is amended— 

17 (1) by striking ‘‘$750’’ and inserting ‘‘$1,250’’, 

18 and 

19 (2) by striking ‘‘$15’’ and inserting ‘‘$25’’. 

20 (b) EFFECTIVE DATE.—The amendments made by 

21 this section apply to checks or money orders received after 

22 the date of the enactment of this division. 


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1 SEC. 7246. UNDERSTATEMENT OF TAXPAYER LIABILITY BY 

2 RETURN PREPARERS. 

3 (a) APPLICATION OF RETURN PREPARER PENALTIES

4 TO ALL TAX RETURNS.— 

5 (1) DEFINITION OF TAX RETURN PREPARER.— 

6 Paragraph (36) of section 7701(a) (relating to in7 come tax preparer) is amended— 

8 (A) by striking ‘‘income’’ each place it ap9 pears in the heading and the text, and 

10 (B) in subparagraph (A), by striking ‘‘sub11 title A’’ each place it appears and inserting 

12 ‘‘this title’’. 

13 (2) CONFORMING AMENDMENTS.— 

14 (A)(i) Section 6060 is amended by striking 

15 ‘‘INCOME TAX RETURN PREPARERS’’ in the 

16 heading and inserting ‘‘TAX RETURN PRE17 PARERS’’. 

18 (ii) Section 6060(a) is amended— 

19 (I) by striking ‘‘an income tax return 

20 preparer’’ each place it appears and insert21 ing ‘‘a tax return preparer’’, 

22 (II) by striking ‘‘each income tax re23 turn preparer’’ and inserting ‘‘each tax re24 turn preparer’’, and 


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1 (III) by striking ‘‘another income tax 

2 return preparer’’ and inserting ‘‘another 

3 tax return preparer’’. 

4 (iii) The item relating to section 6060 in 

5 the table of sections for subpart F of part III 

6 of subchapter A of chapter 61 is amended by 

7 striking ‘‘income tax return preparers’’ and in8 serting ‘‘tax return preparers’’. 

9 (iv) Subpart F of part III of subchapter A 

10 of chapter 61 is amended by striking ‘‘Income 

11 Tax Return Preparers’’ in the heading 

12 and inserting ‘‘Tax Return Preparers’’. 

13 (v) The item relating to subpart F in the 

14 table of subparts for part III of subchapter A 

15 of chapter 61 is amended by striking ‘‘income 

16 tax return preparers’’ and inserting ‘‘tax return 

17 preparers’’. 

18 (B) Section 6103(k)(5) is amended— 

19 (i) by striking ‘‘income tax return pre20 parer’’ each place it appears and inserting 

21 ‘‘tax return preparer’’, and 

22 (ii) by striking ‘‘income tax return 

23 preparers’’ each place it appears and in24 serting ‘‘tax return preparers’’. 

25 (C)(i) Section 6107 is amended— 


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1 (I) by striking ‘‘INCOME TAX RE2 TURN PREPARER’’ in the heading and in3 serting ‘‘TAX RETURN PREPARER’’, 

4 (II) by striking ‘‘an income tax return 

5 preparer’’ each place it appears in sub6 sections (a) and (b) and inserting ‘‘a tax 

7 return preparer’’, 

8 (III) by striking ‘‘INCOME TAX RE9 TURN PREPARER’’ in the heading for sub10 section (b) and inserting ‘‘TAX RETURN

11 PREPARER’’, and 

12 (IV) in subsection (c), by striking ‘‘in13 come tax return preparers’’ and inserting 

14 ‘‘tax return preparers’’. 

15 (ii) The item relating to section 6107 in 

16 the table of sections for subchapter B of chap17 ter 61 is amended by striking ‘‘Income tax re18 turn preparer’’ and inserting ‘‘Tax return pre19 parer’’. 

20 (D) Section 6109(a)(4) is amended— 

21 (i) by striking ‘‘an income tax return 

22 preparer’’ and inserting ‘‘a tax return pre23 parer’’, and 


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1 (ii) by striking ‘‘INCOME RETURN

2 PREPARER’’ in the heading and inserting 

3 ‘‘TAX RETURN PREPARER’’. 

4 (E) Section 6503(k)(4) is amended by 

5 striking ‘‘Income tax return preparers’’ and in6 serting ‘‘Tax return preparers’’. 

7 (F)(i) Section 6694 is amended— 

8 (I) by striking ‘‘INCOME TAX RE9 TURN PREPARER’’ in the heading and in10 serting ‘‘TAX RETURN PREPARER’’, 

11 (II) by striking ‘‘an income tax return 

12 preparer’’ each place it appears and insert13 ing ‘‘a tax return preparer’’, 

14 (III) in subsection (c)(2), by striking 

15 ‘‘the income tax return preparer’’ and in16 serting ‘‘the tax return preparer’’, 

17 (IV) in subsection (e), by striking 

18 ‘‘subtitle A’’ and inserting ‘‘this title’’, and 

19 (V) in subsection (f), by striking ‘‘in20 come tax return preparer’’ and inserting 

21 ‘‘tax return preparer’’. 

22 (ii) The item relating to section 6694 in 

23 the table of sections for part I of subchapter B 

24 of chapter 68 is amended by striking ‘‘income 


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1 tax return preparer’’ and inserting ‘‘tax return 

2 preparer’’. 

3 (G)(i) Section 6695 is amended— 

4 (I) by striking ‘‘INCOME’’ in the 

5 heading, and 

6 (II) by striking ‘‘an income tax return 

7 preparer’’ each place it appears and insert8 ing ‘‘a tax return preparer’’. 

9 (ii) Section 6695(f) is amended— 

10 (I) by striking ‘‘subtitle A’’ and in11 serting ‘‘this title’’, and 

12 (II) by striking ‘‘the income tax re13 turn preparer’’ and inserting ‘‘the tax re14 turn preparer’’. 

15 (iii) The item relating to section 6695 in 

16 the table of sections for part I of subchapter B 

17 of chapter 68 is amended by striking ‘‘income’’. 

18 (H) Section 6696(e) is amended by strik19 ing ‘‘subtitle A’’ each place it appears and in20 serting ‘‘this title’’. 

21 (I)(i) Section 7407 is amended— 

22 (I) by striking ‘‘INCOME TAX RE23 TURN PREPARERS’’ in the heading and 

24 inserting ‘‘TAX RETURN PREPARERS’’, 


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1 (II) by striking ‘‘an income tax return 

2 preparer’’ each place it appears and insert3 ing ‘‘a tax return preparer’’, 

4 (III) by striking ‘‘income tax pre5 parer’’ both places it appears in subsection 

6 (a) and inserting ‘‘tax return preparer’’, 

7 and 

8 (IV) by striking ‘‘income tax return’’ 

9 in subsection (a) and inserting ‘‘tax re10 turn’’. 

11 (ii) The item relating to section 7407 in 

12 the table of sections for subchapter A of chap13 ter 76 is amended by striking ‘‘income tax re14 turn preparers’’ and inserting ‘‘tax return pre15 parers’’. 

16 (J)(i) Section 7427 is amended— 

17 (I) by striking ‘‘INCOME TAX RE18 TURN PREPARERS’’ in the heading and 

19 inserting ‘‘TAX RETURN PREPARERS’’, 

20 and 

21 (II) by striking ‘‘an income tax return 

22 preparer’’ and inserting ‘‘a tax return pre23 parer’’. 


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1 (ii) The item relating to section 7427 in 

2 the table of sections for subchapter B of chap3 ter 76 is amended to read as follows: 

‘‘Sec. 7427. Tax return preparers.’’. 

4 (b) MODIFICATION OF PENALTY FOR UNDERSTATE5 MENT OF TAXPAYER’S LIABILITY BY TAX RETURN PRE6 PARER.—Subsections (a) and (b) of section 6694 are 

7 amended to read as follows: 

8 ‘‘(a) UNDERSTATEMENT DUE TO UNREASONABLE

9 POSITIONS.— 

10 ‘‘(1) IN GENERAL.—Any tax return preparer 

11 who prepares any return or claim for refund with re12 spect to which any part of an understatement of li13 ability is due to a position described in paragraph 

14 (2) shall pay a penalty with respect to each such re15 turn or claim in an amount equal to the greater of— 

16 ‘‘(A) $1,000, or 

17 ‘‘(B) 50 percent of the income derived (or 

18 to be derived) by the tax return preparer with 

19 respect to the return or claim. 

20 ‘‘(2) UNREASONABLE POSITION.—A position is 

21 described in this paragraph if— 

22 ‘‘(A) the tax return preparer knew (or rea23 sonably should have known) of the position, 


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1 ‘‘(B) there was not a reasonable belief that 

2 the position would more likely than not be sus3 tained on its merits, and 

4 ‘‘(C)(i) the position was not disclosed as 

5 provided in section 6662(d)(2)(B)(ii), or 

6 ‘‘(ii) there was no reasonable basis for the 

7 position. 

8 ‘‘(3) REASONABLE CAUSE EXCEPTION.—No 

9 penalty shall be imposed under this subsection if it 

10 is shown that there is reasonable cause for the un11 derstatement and the tax return preparer acted in 

12 good faith. 

13 ‘‘(b) UNDERSTATEMENT DUE TO WILLFUL OR

14 RECKLESS CONDUCT.— 

15 ‘‘(1) IN GENERAL.—Any tax return preparer 

16 who prepares any return or claim for refund with re17 spect to which any part of an understatement of li18 ability is due to a conduct described in paragraph 

19 (2) shall pay a penalty with respect to each such re20 turn or claim in an amount equal to the greater of— 

21 ‘‘(A) $5,000, or 

22 ‘‘(B) 50 percent of the income derived (or 

23 to be derived) by the tax return preparer with 

24 respect to the return or claim. 


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1 ‘‘(2) WILLFUL OR RECKLESS CONDUCT.—Con2 duct described in this paragraph is conduct by the 

3 tax return preparer which is— 

4 ‘‘(A) a willful attempt in any manner to 

5 understate the liability for tax on the return or 

6 claim, or 

7 ‘‘(B) a reckless or intentional disregard of 

8 rules or regulations. 

9 ‘‘(3) REDUCTION IN PENALTY.—The amount of 

10 any penalty payable by any person by reason of this 

11 subsection for any return or claim for refund shall 

12 be reduced by the amount of the penalty paid by 

13 such person by reason of subsection (a).’’. 

14 (c) EFFECTIVE DATE.—The amendments made by 

15 this section shall apply to returns prepared after the date 

16 of the enactment of this division. 

17 SEC. 7247. PENALTY FOR FILING ERRONEOUS REFUND 

18 CLAIMS. 

19 (a) IN GENERAL.—Part I of subchapter B of chapter 

20 68 (relating to assessable penalties) is amended by insert21 ing after section 6675 the following new section: 

22 ‘‘SEC. 6676. ERRONEOUS CLAIM FOR REFUND OR CREDIT. 

23 ‘‘(a) CIVIL PENALTY.—If a claim for refund or credit 

24 with respect to income tax (other than a claim for a refund 

25 or credit relating to the earned income credit under section 


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1 32) is made for an excessive amount, unless it is shown 

2 that the claim for such excessive amount has a reasonable 

3 basis, the person making such claim shall be liable for a 

4 penalty in an amount equal to 20 percent of the excessive 

5 amount. 

6 ‘‘(b) EXCESSIVE AMOUNT.—For purposes of this sec7 tion, the term ‘excessive amount’ means in the case of any 

8 person the amount by which the amount of the claim for 

9 refund or credit for any taxable year exceeds the amount 

10 of such claim allowable under this title for such taxable 

11 year. 

12 ‘‘(c) COORDINATION WITH OTHER PENALTIES.— 

13 This section shall not apply to any portion of the excessive 

14 amount of a claim for refund or credit which is subject 

15 to a penalty imposed under part II of subchapter A of 

16 chapter 68.’’. 

17 (b) CONFORMING AMENDMENT.—The table of sec18 tions for part I of subchapter B of chapter 68 is amended 

19 by inserting after the item relating to section 6675 the 

20 following new item: 

‘‘Sec. 6676. Erroneous claim for refund or credit.’’. 

21 (c) EFFECTIVE DATE.—The amendments made by 

22 this section shall apply to any claim filed or submitted 

23 after the date of the enactment of this division. 


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1 SEC. 7248. TIME FOR PAYMENT OF CORPORATE ESTIMATED 

2 TAXES. 

3 Subparagraph (B) of section 401(1) of the Tax In4 crease Prevention and Reconciliation Act of 2005 is 

5 amended by striking ‘‘106.25 percent’’ and inserting 

6 ‘‘114.25 percent’’. 

7 DIVISION B—AGRICULTURAL 

8 DISASTER ASSISTANCE AND 

9 WESTERN STATES EMER10 GENCY UNFINISHED BUSI11 NESS APPROPRIATIONS ACT, 

12 2007 

13 SECTION 1. SHORT TITLE. 

14 This division may be cited as the ‘‘Agricultural Dis15 aster Assistance and Western States Emergency Unfin16 ished Business Appropriations Act, 2007’’. 

17 SEC. 2. STATEMENT OF APPROPRIATIONS. 

18 The following sums in this division are appropriated, 

19 out of any money in the Treasury not otherwise appro20 priated, for the fiscal year ending September 30, 2007. 

21 TITLE I—AGRICULTURAL 

22 ASSISTANCE 

23 SEC. 1001. CROP DISASTER ASSISTANCE. 

24 (a) ASSISTANCE AVAILABLE.—There are hereby ap25 propriated to the Secretary of Agriculture such sums as 

26 are necessary, to remain available until expended, to make 


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1 emergency financial assistance available to producers on 

2 a farm that incurred qualifying quantity or quality losses 

3 for the 2005 or 2006 crop, or that part of the 2007 crop 

4 year before February 28, 2007, due to damaging weather 

5 or any related condition (including losses due to crop dis6 eases, insects, and delayed planting), as determined by the 

7 Secretary. However, to be eligible for assistance, the crop 

8 subject to the loss must have been planted before Feb9 ruary 28, 2007, or, in the case of prevented planting or 

10 other total loss, would have been planted before February 

11 28, 2007, in the absence of the damaging weather or any 

12 related condition. 

13 (b) ELECTION OF CROP YEAR.—If a producer in14 curred qualifying crop losses in more than one of the 

15 2005, 2006, or 2007 crop years, the producer shall elect 

16 to receive assistance under this section for losses incurred 

17 in only one of such crop years. The producer may not re18 ceive assistance under this section for more than one crop 

19 year. 

20 (c) ADMINISTRATION.— 

21 (1) IN GENERAL.—Except as provided in para22 graph (2), the Secretary of Agriculture shall make 

23 assistance available under this section in the same 

24 manner as provided under section 815 of the Agri25 culture, Rural Development, Food and Drug AdminVerDate Aug 31 2005 23:48 May 14, 2007 Jkt 059200 PO 00000 Frm 00205 Fmt 6652 Sfmt 6201 E:\BILLS\H2206.PCS H2206

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1 istration and Related Agencies Appropriations Act, 

2 2001 (Public Law 106–387; 114 Stat. 1549A–55), 

3 including using the same loss thresholds for quantity 

4 and economic losses as were used in administering 

5 that section, except that the payment rate shall be 

6 50 percent of the established price, instead of 65 

7 percent. 

8 (2) LOSS THRESHOLDS FOR QUALITY

9 LOSSES.—In the case of a payment for quality loss 

10 for a crop under subsection (a), the loss thresholds 

11 for quality loss for the crop shall be determined 

12 under subsection (d). 

13 (d) QUALITY LOSSES.— 

14 (1) IN GENERAL.—Subject to paragraph (3), 

15 the amount of a payment made to producers on a 

16 farm for a quality loss for a crop under subsection 

17 (a) shall be equal to the amount obtained by multi18 plying— 

19 (A) 65 percent of the payment quantity de20 termined under paragraph (2); by 

21 (B) 50 percent of the payment rate deter22 mined under paragraph (3). 

23 (2) PAYMENT QUANTITY.—For the purpose of 

24 paragraph (1)(A), the payment quantity for quality 


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1 losses for a crop of a commodity on a farm shall 

2 equal the lesser of— 

3 (A) the actual production of the crop af4 fected by a quality loss of the commodity on the 

5 farm; or 

6 (B) the quantity of expected production of 

7 the crop affected by a quality loss of the com8 modity on the farm, using the formula used by 

9 the Secretary of Agriculture to determine quan10 tity losses for the crop of the commodity under 

11 subsection (a). 

12 (3) PAYMENT RATE.—For the purpose of para13 graph (1)(B) and in accordance with paragraphs (5) 

14 and (6), the payment rate for quality losses for a 

15 crop of a commodity on a farm shall be equal to the 

16 difference between— 

17 (A) the per unit market value that the 

18 units of the crop affected by the quality loss 

19 would have had if the crop had not suffered a 

20 quality loss; and 

21 (B) the per unit market value of the units 

22 of the crop affected by the quality loss. 

23 (4) ELIGIBILITY.—For producers on a farm to 

24 be eligible to obtain a payment for a quality loss for 

25 a crop under subsection (a), the amount obtained by 


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1 multiplying the per unit loss determined under para2 graph (1) by the number of units affected by the 

3 quality loss shall be at least 25 percent of the value 

4 that all affected production of the crop would have 

5 had if the crop had not suffered a quality loss. 

6 (5) MARKETING CONTRACTS.—In the case of 

7 any production of a commodity that is sold pursuant 

8 to one or more marketing contracts (regardless of 

9 whether the contract is entered into by the pro10 ducers on the farm before or after harvest) and for 

11 which appropriate documentation exists, the quan12 tity designated in the contracts shall be eligible for 

13 quality loss assistance based on the one or more 

14 prices specified in the contracts. 

15 (6) OTHER PRODUCTION.—For any additional 

16 production of a commodity for which a marketing 

17 contract does not exist or for which production con18 tinues to be owned by the producer, quality losses 

19 shall be based on the average local market discounts 

20 for reduced quality, as determined by the appro21 priate State committee of the Farm Service Agency. 

22 (7) QUALITY ADJUSTMENTS AND DISCOUNTS.— 

23 The appropriate State committee of the Farm Serv24 ice Agency shall identify the appropriate quality adVerDate Aug 31 2005 23:48 May 14, 2007 Jkt 059200 PO 00000 Frm 00208 Fmt 6652 Sfmt 6201 E:\BILLS\H2206.PCS H2206

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1 justment and discount factors to be considered in 

2 carrying out this subsection, including— 

3 (A) the average local discounts actually ap4 plied to a crop; and 

5 (B) the discount schedules applied to loans 

6 made by the Farm Service Agency or crop in7 surance coverage under the Federal Crop Insur8 ance Act (7 U.S.C. 1501 et seq.). 

9 (8) ELIGIBLE PRODUCTION.—The Secretary of 

10 Agriculture shall carry out this subsection in a fair 

11 and equitable manner for all eligible production, in12 cluding the production of fruits and vegetables, 

13 other specialty crops, and field crops. 

14 (e) PAYMENT LIMITATIONS.— 

15 (1) LIMIT ON AMOUNT OF ASSISTANCE.—As16 sistance provided under this section to a producer 

17 for losses to a crop, together with the amounts speci18 fied in paragraph (2) applicable to the same crop, 

19 may not exceed 95 percent of what the value of the 

20 crop would have been in the absence of the losses, 

21 as estimated by the Secretary of Agriculture. 

22 (2) OTHER PAYMENTS.—In applying the limita23 tion in paragraph (1), the Secretary shall include the 

24 following: 


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1 (A) Any crop insurance payment made 

2 under the Federal Crop Insurance Act (7 

3 U.S.C. 1501 et seq.) or payment under section 

4 196 of the Federal Agricultural Improvement 

5 and Reform Act of 1996 (7 U.S.C. 7333) that 

6 the producer receives for losses to the same 

7 crop. 

8 (B) The value of the crop that was not lost 

9 (if any), as estimated by the Secretary. 

10 (f) ELIGIBILITY REQUIREMENTS AND LIMITA11 TIONS.—The producers on a farm shall not be eligible for 

12 assistance under this section with respect to losses to an 

13 insurable commodity or noninsurable commodity if the 

14 producers on the farm— 

15 (1) in the case of an insurable commodity, did 

16 not obtain a policy or plan of insurance for the in17 surable commodity under the Federal Crop Insur18 ance Act (7 U.S.C. 1501 et seq.) for the crop incur19 ring the losses; 

20 (2) in the case of a noninsurable commodity, 

21 did not file the required paperwork, and pay the ad22 ministrative fee by the applicable State filing dead23 line, for the noninsurable commodity under section 

24 196 of the Federal Agriculture Improvement and 


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1 Reform Act of 1996 (7 U.S.C. 7333) for the crop 

2 incurring the losses; or 

3 (3) were not in compliance with highly erodible 

4 land conservation and wetland conservation provi5 sions. 

6 (g) TIMING.— 

7 (1) IN GENERAL.—Subject to paragraph (2), 

8 the Secretary of Agriculture shall make payments to 

9 producers on a farm for a crop under this section 

10 not later than 60 days after the date the producers 

11 on the farm submit to the Secretary a completed ap12 plication for the payments. 

13 (2) INTEREST.—If the Secretary does not make 

14 payments to the producers on a farm by the date de15 scribed in paragraph (1), the Secretary shall pay to 

16 the producers on a farm interest on the payments at 

17 a rate equal to the current (as of the sign-up dead18 line established by the Secretary) market yield on 

19 outstanding, marketable obligations of the United 

20 States with maturities of 30 years. 

21 (h) DEFINITIONS.—In this section: 

22 (1) INSURABLE COMMODITY.—The term ‘‘insur23 able commodity’’ means an agricultural commodity 

24 (excluding livestock) for which the producers on a 

25 farm are eligible to obtain a policy or plan of insurVerDate Aug 31 2005 23:48 May 14, 2007 Jkt 059200 PO 00000 Frm 00211 Fmt 6652 Sfmt 6201 E:\BILLS\H2206.PCS H2206

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1 ance under the Federal Crop Insurance Act (7 

2 U.S.C. 1501 et seq.). 

3 (2) NONINSURABLE COMMODITY.—The term 

4 ‘‘noninsurable commodity’’ means a crop for which 

5 the producers on a farm are eligible to obtain assist6 ance under section 196 of the Federal Agriculture 

7 Improvement and Reform Act of 1996 (7 U.S.C. 

8 7333). 

9 SEC. 1002. LIVESTOCK ASSISTANCE. 

10 (a) LIVESTOCK COMPENSATION PROGRAM.— 

11 (1) AVAILABILITY OF ASSISTANCE.—There are 

12 hereby appropriated to the Secretary of Agriculture 

13 such sums as are necessary, to remain available 

14 until expended, to carry out the livestock compensa15 tion program established under subpart B of part 

16 1416 of title 7, Code of Federal Regulations, as an17 nounced by the Secretary on February 12, 2007 (72 

18 Fed. Reg. 6443), to provide compensation for live19 stock losses between January 1, 2005 and February 

20 28, 2007, due to a disaster, as determined by the 

21 Secretary (including losses due to blizzards that 

22 started in 2006 and continued into January 2007). 

23 However, the payment rate for compensation under 

24 this subsection shall be 70 percent of the payment 

25 rate otherwise applicable under such program. In 


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1 addition, section 1416.102(b)(2)(ii) of title 7, Code 

2 of Federal Regulations (72 Fed. Reg. 6444) shall 

3 not apply. 

4 (2) ELIGIBLE APPLICANTS.—In carrying out 

5 the program described in paragraph (1), the Sec6 retary shall provide assistance to any applicant 

7 that— 

8 (A) conducts a livestock operation that is 

9 located in a disaster county with eligible live10 stock specified in paragraph (1) of section 

11 1416.102(a) of title 7, Code of Federal Regula12 tions (72 Fed. Reg. 6444), an animal described 

13 in section 10806(a)(1) of the Farm Security 

14 and Rural Investment Act of 2002 (21 U.S.C. 

15 321d(a)(1)), or other animals designated by the 

16 Secretary as livestock for purposes of this sub17 section; and 

18 (B) meets the requirements of paragraphs 

19 (3) and (4) of section 1416.102(a) of title 7, 

20 Code of Federal Regulations, and all other eligi21 bility requirements established by the Secretary 

22 for the program. 

23 (3) ELECTION OF LOSSES.— 

24 (A) If a producer incurred eligible livestock 

25 losses in more than one of the 2005, 2006, or 


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1 2007 calendar years, the producer shall elect to 

2 receive payments under this subsection for 

3 losses incurred in only one of such calendar 

4 years, and such losses must have been incurred 

5 in a county declared or designated as a disaster 

6 county in that same calendar year. 

7 (B) Producers may elect to receive com8 pensation for losses in the calendar year 2007 

9 grazing season that are attributable to wildfires 

10 occurring during the applicable period, as deter11 mined by the Secretary. 

12 (4) MITIGATION.—In determining the eligibility 

13 for or amount of payments for which a producer is 

14 eligible under the livestock compensation program, 

15 the Secretary shall not penalize a producer that 

16 takes actions (recognizing disaster conditions) that 

17 reduce the average number of livestock the producer 

18 owned for grazing during the production year for 

19 which assistance is being provided. 

20 (5) DEFINITIONS.—In this subsection: 

21 (A) DISASTER COUNTY.—The term ‘‘dis22 aster county’’ means— 

23 (i) a county included in the geo24 graphic area covered by a natural disaster 

25 declaration; and 


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1 (ii) each county contiguous to a coun2 ty described in clause (i). 

3 (B) NATURAL DISASTER DECLARATION.— 

4 The term ‘‘natural disaster declaration’’ 

5 means— 

6 (i) a natural disaster declared by the 

7 Secretary between January 1, 2005 and 

8 February 28, 2007, under section 321(a) 

9 of the Consolidated Farm and Rural De10 velopment Act (7 U.S.C. 1961(a)); 

11 (ii) a major disaster or emergency 

12 designated by the President between Janu13 ary 1, 2005 and February 28, 2007, under 

14 the Robert T. Stafford Disaster Relief and 

15 Emergency Assistance Act (42 U.S.C. 

16 5121 et seq.); or 

17 (iii) a determination of a Farm Serv18 ice Agency Administrator’s Physical Loss 

19 Notice if such notice applies to a county 

20 included under (ii). 

21 (b) LIVESTOCK INDEMNITY PAYMENTS.— 

22 (1) AVAILABILITY OF ASSISTANCE.—There are 

23 hereby appropriated to the Secretary of Agriculture 

24 such sums as are necessary, to remain available 

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1 ments to producers on farms that have incurred live2 stock losses between January 1, 2005 and February 

3 28, 2007, due to a disaster, as determined by the 

4 Secretary (including losses due to blizzards that 

5 started in 2006 and continued into January 2007) 

6 in a disaster county. To be eligible for assistance, 

7 applicants must meet all eligibility requirements es8 tablished by the Secretary for the program. 

9 (2) ELECTION OF LOSSES.—If a producer in10 curred eligible livestock losses in more than one of 

11 the 2005, 2006, or 2007 calendar years, the pro12 ducer shall elect to receive payments under this sub13 section for losses incurred in only one of such cal14 endar years. The producer may not receive payments 

15 under this subsection for more than one calendar 

16 year. 

17 (3) PAYMENT RATES.—Indemnity payments to 

18 a producer on a farm under paragraph (1) shall be 

19 made at a rate of not less than 30 percent of the 

20 market value of the applicable livestock on the day 

21 before the date of death of the livestock, as deter22 mined by the Secretary. 

23 (4) LIVESTOCK DEFINED.—In this subsection, 

24 the term ‘‘livestock’’ means an animal that— 


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1 (A) is specified in clause (i) of section 

2 1416.203(a)(2) of title 7, Code of Federal Reg3 ulations (72 Fed. Reg. 6445), or is designated 

4 by the Secretary as livestock for purposes of 

5 this subsection; and 

6 (B) meets the requirements of clauses (iii) 

7 and (iv) of such section. 

8 (5) DEFINITIONS.—In this subsection: 

9 (A) DISASTER COUNTY.—The term ‘‘dis10 aster county’’ means— 

11 (i) a county included in the geo12 graphic area covered by a natural disaster 

13 declaration; and 

14 (ii) each county contiguous to a coun15 ty described in clause (i). 

16 (B) NATURAL DISASTER DECLARATION.— 

17 The term ‘‘natural disaster declaration’’ 

18 means— 

19 (i) a natural disaster declared by the 

20 Secretary between January 1, 2005 and 

21 February 28, 2007, under section 321(a) 

22 of the Consolidated Farm and Rural De23 velopment Act (7 U.S.C. 1961(a)); 

24 (ii) a major disaster or emergency 

25 designated by the President between JanuVerDate Aug 31 2005 23:48 May 14, 2007 Jkt 059200 PO 00000 Frm 00217 Fmt 6652 Sfmt 6201 E:\BILLS\H2206.PCS H2206

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1 ary 1, 2005 and February 28, 2007, under 

2 the Robert T. Stafford Disaster Relief and 

3 Emergency Assistance Act (42 U.S.C. 

4 5121 et seq.); or 

5 (iii) a determination of a Farm Serv6 ice Agency Administrator’s Physical Loss 

7 Notice if such notice applies to a county 

8 included under (ii). 

9 SEC. 1003. EMERGENCY CONSERVATION PROGRAM. 

10 There is hereby appropriated to the Secretary of Ag11 riculture $20,000,000, to remain available until expended, 

12 to provide assistance under the Emergency Conservation 

13 Program under title IV of the Agriculture Credit Act of 

14 1978 (16 U.S.C. 2201 et seq.) for the cleanup and restora15 tion of farm and agricultural production lands. 

16 SEC. 1004. PAYMENT LIMITATIONS. 

17 (a) REDUCTION IN PAYMENTS TO REFLECT PAY18 MENTS FOR SAME OR SIMILAR LOSSES.—The amount of 

19 any payment for which a producer is eligible under sec20 tions 1001 and 1002 shall be reduced by any amount re21 ceived by the producer for the same loss or any similar 

22 loss under— 

23 (1) the Department of Defense, Emergency 

24 Supplemental Appropriations to Address Hurricanes 


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1 in the Gulf of Mexico, and Pandemic Influenza Act, 

2 2006 (Public Law 109–148; 119 Stat. 2680); 

3 (2) an agricultural disaster assistance provision 

4 contained in the announcement of the Secretary on 

5 January 26, 2006 or August 29, 2006; or 

6 (3) the Emergency Supplemental Appropria7 tions Act for Defense, the Global War on Terror, 

8 and Hurricane Recovery, 2006 (Public Law 109– 

9 234; 120 Stat. 418). 

10 (b) ADJUSTED GROSS INCOME LIMITATION.—Section 

11 1001D of the Food Security Act of 1985 (7 U.S.C. 1308– 

12 3a) shall apply with respect to assistance provided under 

13 sections 1001, 1002, and 1003. 

14 SEC. 1005. ADMINISTRATION. 

15 (a) REGULATIONS.—The Secretary of Agriculture 

16 may promulgate such regulations as are necessary to im17 plement sections 1001 and 1002. 

18 (b) PROCEDURE.—The promulgation of the imple19 menting regulations and the administration of sections 

20 1001 and 1002 shall be made without regard to— 

21 (1) the notice and comment provisions of sec22 tion 553 of title 5, United States Code; 

23 (2) the Statement of Policy of the Secretary of 

24 Agriculture effective July 24, 1971 (36 Fed. Reg. 


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1 13804), relating to notices of proposed rulemaking 

2 and public participation in rulemaking; and 

3 (3) chapter 35 of title 44, United States Code 

4 (commonly known as the ‘‘Paperwork Reduction 

5 Act’’). 

6 (c) CONGRESSIONAL REVIEW OF AGENCY RULE7 MAKING.—In carrying out this section, the Secretary of 

8 Agriculture shall use the authority provided under section 

9 808 of title 5, United States Code. 

10 (d) USE OF COMMODITY CREDIT CORPORATION; 

11 LIMITATION.—In implementing sections 1001 and 1002, 

12 the Secretary of Agriculture may use the facilities, serv13 ices, and authorities of the Commodity Credit Corpora14 tion. The Corporation shall not make any expenditures to 

15 carry out sections 1001 and 1002 unless funds have been 

16 specifically appropriated for such purpose. 

17 SEC. 1006. MILK INCOME LOSS CONTRACT PROGRAM. 

18 Section 1502(c)(3) of the Farm Security and Rural 

19 Investment Act of 2002 (7 U.S.C. 7982(c)(3)) is amend20 ed— 

21 (1) in subparagraph (A), by adding ‘‘and’’ at 

22 the end; 

23 (2) in subparagraph (B), by striking ‘‘August’’ 

24 and all that follows through the end and inserting 

25 ‘‘September 30, 2007, 34 percent.’’; and 


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1 (3) by striking subparagraph (C). 

2 SEC. 1007. DAIRY ASSISTANCE. 

3 There is hereby appropriated $20,000,000 to make 

4 payments to dairy producers for dairy production losses 

5 in disaster counties, as defined in section 1002 of this 

6 title, to remain available until expended. 

7 SEC. 1008. NONINSURED CROP ASSISTANCE PROGRAM. 

8 For states in which there is a shortage of claims ad9 justors, as determined by the Secretary, the Secretary 

10 shall permit the use of one claims adjustor certified by 

11 the Secretary in carrying out 7 CFR 1437.401. 

12 SEC. 1009. EMERGENCY GRANTS TO ASSIST LOW-INCOME 

13 MIGRANT AND SEASONAL FARMWORKERS. 

14 There is hereby appropriated $21,000,000 to carry 

15 out section 2281 of the Food, Agriculture, Conservation 

16 and Trade Act of 1990 (42 U.S.C. 5177a), to remain 

17 available until expended. 

18 SEC. 1010. CONSERVATION SECURITY PROGRAM. 

19 Section 20115 of Public Law 110–5 is amended by 

20 striking ‘‘section 726’’ and inserting in lieu thereof ‘‘sec21 tion 726; section 741’’. 

22 SEC. 1011. ADMINISTRATIVE EXPENSES. 

23 There is hereby appropriated $30,000,000 for the 

24 ‘‘Farm Service Agency, Salaries and Expenses’’, to remain 

25 available until September 30, 2008. 


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1 SEC. 1012. CONTRACT WAIVER. 

2 In carrying out crop disaster and livestock assistance 

3 in this title, the Secretary shall require forage producers 

4 to have participated in a crop insurance pilot program or 

5 the Non-Insured Crop Disaster Assistance Program dur6 ing the crop year for which compensation is received. 

7 SEC. 1013. EMERGENCY DESIGNATION. 

8 Amounts in this title are designated as emergency re9 quirements pursuant to section 402 of H. Con. Res. 95 

10 (109th Congress), and pursuant to section 501 of H. Con. 

11 Res. 376 (109th Congress) as made applicable to the 

12 House of Representatives by section 511(a)(4) of H. Res. 

13 6 (110th Congress). 

14 TITLE II—EMERGENCY APPRO15 PRIATIONS FOR WESTERN 

16 STATES 

17 CHAPTER 1—FISHERIES DISASTER 

18 ASSISTANCE 

19 DEPARTMENT OF COMMERCE 

20 NATIONAL OCEANIC AND ATMOSPHERIC

21 ADMINISTRATION

22 OPERATIONS, RESEARCH, AND FACILITIES

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

24 and Facilities’’, $60,400,000, to remain available until 

25 September 30, 2008: Provided, That the National Marine 

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1 uted among eligible recipients of assistance for the com2 mercial fishery failure designated under section 312(a) of 

3 the Magnuson-Stevens Fishery Conservation and Manage4 ment Act (16 U.S.C. 1861a(a)) and declared by the Sec5 retary of Commerce on August 10, 2006. 

6 CHAPTER 2—WILDLAND FIREFIGHTING 

7 AND RURAL SCHOOLS 

8 DEPARTMENT OF THE INTERIOR 

9 BUREAU OF LAND MANAGEMENT

10 WILDLAND FIRE MANAGEMENT

11 (INCLUDING TRANSFER OF FUNDS) 

12 For an additional amount for ‘‘Wildland Fire Man13 agement’’, $100,000,000, to remain available until ex14 pended, for urgent wildland fire suppression activities: 

15 Provided, That such funds shall only become available if 

16 funds previously provided for wildland fire suppression will 

17 be exhausted imminently and the Secretary of the Interior 

18 notifies the House and Senate Committees on Appropria19 tions in writing of the need for these additional funds: Pro20 vided further, That such funds are also available for repay21 ment to other appropriations accounts from which funds 

22 were transferred for wildfire suppression. 


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1 DEPARTMENT OF AGRICULTURE 

2 FOREST SERVICE

3 WILDLAND FIRE MANAGEMENT

4 (INCLUDING TRANSFER OF FUNDS) 

5 For an additional amount for ‘‘Wildland Fire Man6 agement’’, $400,000,000, to remain available until ex7 pended, for urgent wildland fire suppression activities: 

8 Provided, That such funds shall only become available if 

9 funds provided previously for wildland fire suppression will 

10 be exhausted imminently and the Secretary of Agriculture 

11 notifies the House and Senate Committees on Appropria12 tions in writing of the need for these additional funds: Pro13 vided further, That such funds are also available for repay14 ment to other appropriation accounts from which funds 

15 were transferred for wildfire suppression. 

16 GENERAL PROVISION, THIS CHAPTER 

17 SEC. 2201. SECURE RURAL SCHOOLS. 

18 (a) For fiscal year 2007, payments shall be made 

19 from any revenues, fees, penalties, or miscellaneous re20 ceipts described in sections 102(b)(3) and 103(b)(2) of the 

21 Secure Rural Schools and Community Self-Determination 

22 Act of 2000 (Public Law 106–393; 16 U.S.C. 500 note), 

23 not to exceed $100,000,000, and the payments shall be 

24 made, to the maximum extent practicable, in the same 

25 amounts, for the same purposes, and in the same manner 


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1 as were made to States and counties in 2006 under that 

2 Act. 

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

4 available until December 31, 2007, to be used to cover 

5 any shortfall for payments made under this section from 

6 funds not otherwise appropriated. 

7 (c) Titles II and III of Public Law 106–393 are 

8 amended, effective September 30, 2006, by striking 

9 ‘‘2006’’ and ‘‘2007’’ each place they appear and inserting 

10 ‘‘2007’’ and ‘‘2008’’, respectively. 

11 CHAPTER 3—GENERAL PROVISION, THIS 

12 TITLE 

13 SEC. 2301. EMERGENCY DESIGNATION. 

14 Amounts in this title are designated as emergency re15 quirements pursuant to section 402 of H. Con. Res. 95 

16 (109th Congress), and pursuant to section 501 of H. Con. 

17 Res. 376 (109th Congress) as made applicable to the 

18 House of Representatives by section 511(a)(4) of H. Res. 

19 6 (110th Congress). 

Passed the House of Representatives May 10, 2007. 

Attest: LORRAINE C. MILLER, 

Clerk. 


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Calendar No. 146 

110TH CONGRESS 

1ST SESSION H. R. 2206 

AN ACT 

Making emergency supplemental appropriations and 

other purposes. fiscal year ending September 30, 2007, and for cultural and other emergency assistance for the additional supplemental appropriations for agriMAY 14, 2007 

Received; read twice and ordered to be placed on the 

calendar 


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