II 

Calendar No. 83 

110TH CONGRESS 

1ST SESSION S. 965 

[Report No. 110–37] 

Making emergency supplemental appropriations for the fiscal year ending 

September 30, 2007, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

MARCH 22, 2007 

Mr. BYRD, from the Committee on Appropriations, reported the following 

original bill, which was read twice and placed on the calendar 

A BILL 

Making emergency supplemental appropriations for the fiscal 

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

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

3 That the following sums are appropriated, out of any 

4 money in the Treasury not otherwise appropriated, for the 

5 fiscal year ending September 30, 2007, and for other pur6 poses, namely: 
2 

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1 TITLE I 

2 GLOBAL WAR ON TERROR SUPPLEMENTAL 

3 APPROPRIATIONS 

4 CHAPTER 1 

5 DEPARTMENT OF AGRICULTURE 

6 FOREIGN AGRICULTURAL SERVICE

7 PUBLIC LAW 480 TITLE II GRANTS

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

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

10 recoverable, and unrecovered prior years’ costs, including 

11 interest thereon, under the Agricultural Trade Develop12 ment and Assistance Act of 1954, for commodities sup13 plied in connection with dispositions abroad under title II 

14 of said Act, $475,000,000, to remain available until ex15 pended. 

16 GENERAL PROVISION—THIS CHAPTER 

17 SEC. 1101. There is hereby appropriated 

18 $82,000,000 to reimburse the Commodity Credit Corpora19 tion for the release of eligible commodities under section 

20 302(f)(2)(A) of the Bill Emerson Humanitarian Trust Act 

21 (7 U.S.C. 1736f–1): Provided, That any such funds made 

22 available to reimburse the Commodity Credit Corporation 

23 shall only be used to replenish the Bill Emerson Humani24 tarian Trust. 
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1 CHAPTER 2 

2 DEPARTMENT OF JUSTICE 

3 GENERAL ADMINISTRATION

4 OFFICE OF THE INSPECTOR GENERAL

5 For an additional amount for ‘‘Office of the Inspector 

6 General’’, $500,000, to remain available until September 

7 30, 2008. 

8 LEGAL ACTIVITIES

9 SALARIES AND EXPENSES, GENERAL LEGAL ACTIVITIES

10 For an additional amount for ‘‘Salaries and Ex11 penses, General Legal Activities’’, $4,093,000, to remain 

12 available until September 30, 2008. 

13 SALARIES AND EXPENSES, UNITED STATES ATTORNEYS

14 For an additional amount for ‘‘Salaries and Ex15 penses, United States Attorneys’’, $5,000,000, to remain 

16 available until September 30, 2008. 

17 UNITED STATES MARSHALS SERVICE

18 SALARIES AND EXPENSES, UNITED STATES MARSHALS

19 SERVICE

20 For an additional amount for ‘‘Salaries and Ex21 penses, United States Marshals Service’’, $25,000,000, to 

22 remain available until September 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’’, $348,260,000, of which $338,260,000 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’’. 

16 DRUG ENFORCEMENT ADMINISTRATION

17 SALARIES AND EXPENSES

18 For an additional amount for ‘‘Salaries and Ex19 penses’’, $25,100,000, to remain available until September 

20 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 3 

13 DEPARTMENT OF DEFENSE—MILITARY 

14 MILITARY PERSONNEL 

15 MILITARY PERSONNEL, ARMY

16 For an additional amount for ‘‘Military Personnel, 

17 Army’’, $8,870,270,000. 

18 MILITARY PERSONNEL, NAVY

19 For an additional amount for ‘‘Military Personnel, 

20 Navy’’, $1,100,410,000. 

21 MILITARY PERSONNEL, MARINE CORPS

22 For an additional amount for ‘‘Military Personnel, 

23 Marine Corps’’, $1,495,827,000. 
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1 MILITARY PERSONNEL, AIR FORCE

2 For an additional amount for ‘‘Military Personnel, 

3 Air Force’’, $1,218,587,000. 

4 RESERVE PERSONNEL, ARMY

5 For an additional amount for ‘‘Reserve Personnel, 

6 Army’’, $147,244,000. 

7 RESERVE PERSONNEL, NAVY

8 For an additional amount for ‘‘Reserve Personnel, 

9 Navy’’, $77,523,000. 

10 RESERVE PERSONNEL, AIR FORCE

11 For an additional amount for ‘‘Reserve Personnel, 

12 Air Force’’, $9,073,000. 

13 NATIONAL GUARD PERSONNEL, ARMY

14 For an additional amount for ‘‘National Guard Per15 sonnel, Army’’, $474,978,000. 

16 NATIONAL GUARD PERSONNEL, AIR FORCE

17 For an additional amount for ‘‘National Guard Per18 sonnel, Air Force’’, $41,533,000. 

19 OPERATION AND MAINTENANCE 

20 OPERATION AND MAINTENANCE, ARMY

21 For an additional amount for ‘‘Operation and Main22 tenance, Army’’, $20,373,379,000. 
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1 OPERATION AND MAINTENANCE, NAVY

2 (INCLUDING TRANSFER OF FUNDS)

3 For an additional amount for ‘‘Operation and Main4 tenance, Navy’’, $4,865,003,000, of which $120,293,000 

5 shall be transferred to Coast Guard, ‘‘Operating Ex6 penses’’, for reimbursement for activities in support of ac7 tivities requested by the Navy. 

8 OPERATION AND MAINTENANCE, MARINE CORPS

9 For an additional amount for ‘‘Operation and Main10 tenance, Marine Corps’’, $1,101,594,000. 

11 OPERATION AND MAINTENANCE, AIR FORCE

12 For an additional amount for ‘‘Operation and Main13 tenance, Air Force’’, $6,685,881,000. 

14 OPERATION AND MAINTENANCE, DEFENSE-WIDE

15 For an additional amount for ‘‘Operation and Main16 tenance, Defense-Wide’’, $2,790,669,000, of which— 

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

18 the Combatant Commander Initiative Fund, to be 

19 used in support of Operation Iraqi Freedom and Op20 eration Enduring Freedom; and 

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

22 available until expended, may be used for payments 

23 to reimburse Pakistan, Jordan, and other key co24 operating nations, for logistical, military, and other 

25 support provided to United States military oper-
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1 ations, notwithstanding any other provision of law: 

2 Provided, That such payments may be made in such 

3 amounts as the Secretary of Defense, with the con4 currence of the Secretary of State, and in consulta5 tion with the Director of the Office of Management 

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

7 on documentation determined by the Secretary of 

8 Defense to adequately account for the support pro9 vided, and such determination is final and conclusive 

10 upon the accounting officers of the United States, 

11 and 15 days following notification to the appropriate 

12 congressional committees: Provided further, That the 

13 Secretary of Defense shall provide quarterly reports 

14 to the congressional defense committees on the use 

15 of funds provided in this paragraph. 

16 OPERATION AND MAINTENANCE, ARMY RESERVE

17 For an additional amount for ‘‘Operation and Main18 tenance, Army Reserve’’, $74,049,000. 

19 OPERATION AND MAINTENANCE, NAVY RESERVE

20 For an additional amount for ‘‘Operation and Main21 tenance, Navy Reserve’’, $111,066,000. 

22 OPERATION AND MAINTENANCE, MARINE CORPS

23 RESERVE

24 For an additional amount for ‘‘Operation and Main25 tenance, Marine Corps Reserve’’, $13,591,000. 
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1 OPERATION AND MAINTENANCE, AIR FORCE RESERVE

2 For an additional amount for ‘‘Operation and Main3 tenance, Air Force Reserve’’, $10,160,000. 

4 OPERATION AND MAINTENANCE, ARMY NATIONAL

5 GUARD

6 For an additional amount for ‘‘Operation and Main7 tenance, Army National Guard’’, $83,569,000. 

8 OPERATION AND MAINTENANCE, AIR NATIONAL GUARD

9 For an additional amount for ‘‘Operation and Main10 tenance, Air National Guard’’, $38,429,000. 

11 AFGHANISTAN SECURITY FORCES FUND

12 For an additional amount for ‘‘Afghanistan Security 

13 Forces Fund’’, $5,906,400,000, to remain available until 

14 September 30, 2008. 

15 IRAQ SECURITY FORCES FUND

16 For an additional amount for ‘‘Iraq Security Forces 

17 Fund’’, $3,842,300,000, to remain available until Sep18 tember 30, 2008. 

19 IRAQ FREEDOM FUND

20 (INCLUDING TRANSFER OF FUNDS)

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

22 $455,600,000, to remain available for transfer until Sep23 tember 30, 2008. 
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1 JOINT IMPROVISED EXPLOSIVE DEVICE DEFEAT FUND

2 For an additional amount for ‘‘Joint Improvised Ex3 plosive Device Defeat Fund’’, $2,432,800,000, to remain 

4 available until September 30, 2009. 

5 PROCUREMENT 

6 AIRCRAFT PROCUREMENT, ARMY

7 For an additional amount for ‘‘Aircraft Procurement, 

8 Army’’, $619,750,000, to remain available until Sep9 tember 30, 2009. 

10 MISSILE PROCUREMENT, ARMY

11 For an additional amount for ‘‘Missile Procurement, 

12 Army’’, $111,473,000, to remain available until Sep13 tember 30, 2009. 

14 PROCUREMENT OF WEAPONS AND TRACKED COMBAT

15 VEHICLES, ARMY

16 For an additional amount for ‘‘Procurement of Weap17 ons and Tracked Combat Vehicles, Army’’, 

18 $3,400,315,000, to remain available until September 30, 

19 2009. 

20 PROCUREMENT OF AMMUNITION, ARMY

21 For an additional amount for ‘‘Procurement of Am22 munition, Army’’, $681,500,000, to remain available until 

23 September 30, 2009. 
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1 OTHER PROCUREMENT, ARMY

2 For an additional amount for ‘‘Other Procurement, 

3 Army’’, $10,589,272,000, to remain available until Sep4 tember 30, 2009. 

5 AIRCRAFT PROCUREMENT, NAVY

6 For an additional amount for ‘‘Aircraft Procurement, 

7 Navy’’, $963,903,000, to remain available until September 

8 30, 2009. 

9 WEAPONS PROCUREMENT, NAVY

10 For an additional amount for ‘‘Weapons Procure11 ment, Navy’’, $163,813,000, to remain available until 

12 September 30, 2009. 

13 PROCUREMENT OF AMMUNITION, NAVY AND MARINE

14 CORPS

15 For an additional amount for ‘‘Procurement of Am16 munition, Navy and Marine Corps’’, $159,833,000, to re17 main available until September 30, 2009. 

18 OTHER PROCUREMENT, NAVY

19 For an additional amount for ‘‘Other Procurement, 

20 Navy’’, $722,506,000, to remain available until September 

21 30, 2009. 

22 PROCUREMENT, MARINE CORPS

23 For an additional amount for ‘‘Procurement, Marine 

24 Corps’’, $1,703,389,000, to remain available until Sep25 tember 30, 2009. 
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1 AIRCRAFT PROCUREMENT, AIR FORCE

2 For an additional amount for ‘‘Aircraft Procurement, 

3 Air Force’’, $1,431,756,000, to remain available until 

4 September 30, 2009. 

5 MISSILE PROCUREMENT, AIR FORCE

6 For an additional amount for ‘‘Missile Procurement, 

7 Air Force’’, $78,900,000, to remain available until Sep8 tember 30, 2009. 

9 PROCUREMENT OF AMMUNITION, AIR FORCE

10 For an additional amount for ‘‘Procurement of Am11 munition, Air Force’’, $6,000,000, to remain available 

12 until September 30, 2009. 

13 OTHER PROCUREMENT, AIR FORCE

14 For an additional amount for ‘‘Other Procurement, 

15 Air Force’’, $1,972,131,000, to remain available until 

16 September 30, 2009. 

17 PROCUREMENT, DEFENSE-WIDE

18 For an additional amount for ‘‘Procurement, De19 fense-Wide’’, $903,092,000, to remain available until Sep20 tember 30, 2009. 

21 NATIONAL GUARD AND RESERVE EQUIPMENT

22 For an additional amount for ‘‘National Guard and 

23 Reserve Equipment’’, $1,000,000,000, to remain available 

24 until September 30, 2009. 
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1 RESEARCH, DEVELOPMENT, TEST AND 

2 EVALUATION 

3 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 

4 ARMY

5 For an additional amount for ‘‘Research, Develop6 ment, Test and Evaluation, Army’’, $125,576,000, to re7 main available until September 30, 2008. 

8 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 

9 NAVY

10 For an additional amount for ‘‘Research, Develop11 ment, Test and Evaluation, Navy’’, $308,212,000, to re12 main available until September 30, 2008. 

13 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 

14 AIR FORCE

15 For an additional amount for ‘‘Research, Develop16 ment, Test and Evaluation, Air Force’’, $233,869,000, to 

17 remain available until September 30, 2008. 

18 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 

19 DEFENSE-WIDE

20 For an additional amount for ‘‘Research, Develop21 ment, Test and Evaluation, Defense-Wide’’, 

22 $522,804,000, to remain available until September 30, 

23 2008. 
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1 REVOLVING AND MANAGEMENT FUNDS 

2 NATIONAL DEFENSE SEALIFT FUND

3 For an additional amount for ‘‘National Defense Sea4 lift Fund’’, $5,000,000. 

5 DEFENSE WORKING CAPITAL FUNDS

6 For an additional amount for ‘‘Defense Working 

7 Capital Funds’’, $1,315,526,000. 

8 OTHER DEPARTMENT OF DEFENSE PROGRAMS 

9 DEFENSE HEALTH PROGRAM

10 For an additional amount for ‘‘Defense Health Pro11 gram’’, $2,466,847,000; of which $2,277,147,000 shall be 

12 for operation and maintenance; of which $118,000,000, to 

13 remain available for obligation until September 30, 2009, 

14 shall be for Procurement; and of which $71,700,000, to 

15 remain available for obligation until September 30, 2008, 

16 shall be for Research, development, test and evaluation. 

17 DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES, 

18 DEFENSE

19 (INCLUDING TRANSFER OF FUNDS)

20 For an additional amount for ‘‘Drug Interdiction and 

21 Counter-Drug Activities, Defense’’, $254,665,000, to re22 main available until expended: Provided, That these funds 

23 may be used only for such activities related to Afghanistan 

24 and Central Asia: Provided further, That the Secretary of 

25 Defense may transfer such funds only to appropriations 
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1 for military personnel; operation and maintenance; pro2 curement; and research, development, test and evaluation: 

3 Provided further, That the funds transferred shall be 

4 merged with and be available for the same purposes and 

5 for the same time period as the appropriation to which 

6 transferred: Provided further, That the transfer authority 

7 provided in this paragraph is in addition to any other 

8 transfer authority available to the Department of Defense: 

9 Provided further, That upon a determination that all or 

10 part of the funds transferred from this appropriation are 

11 not necessary for the purposes provided herein, such 

12 amounts may be transferred back to this appropriation. 

13 RELATED AGENCY 

14 INTELLIGENCE COMMUNITY MANAGEMENT ACCOUNT

15 For an additional amount for ‘‘Intelligence Commu16 nity Management Account’’, $71,726,000. 

17 GENERAL PROVISIONS—THIS CHAPTER 

18 SEC. 1301. Appropriations provided in this chapter 

19 are available for obligation until September 30, 2007, un20 less otherwise provided in this chapter. 

21 (TRANSFER OF FUNDS)

22 SEC. 1302. Upon his determination that such action 

23 is necessary in the national interest, the Secretary of De24 fense may transfer between appropriations up to 

25 $3,500,000,000 of the funds made available to the De26 partment of Defense in this title: Provided, That the Sec-
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1 retary shall notify the Congress promptly of each transfer 

2 made pursuant to the authority in this section: Provided 

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

4 addition to any other transfer authority available to the 

5 Department of Defense and is subject to the same terms 

6 and conditions as the authority provided in section 8005 

7 of the Department of Defense Appropriations Act, 2007 

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

9 fourth proviso: Provided further, That funds previously 

10 transferred to the ‘‘Joint Improvised Explosive Device De11 feat Fund’’ and the ‘‘Iraq Security Forces Fund’’ under 

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

13 transferred back to their source appropriations accounts 

14 shall not be taken into account for purposes of the limita15 tion on the amount of funds that may be transferred 

16 under section 8005. 

17 SEC. 1303. Funds appropriated in this chapter, or 

18 made available by the transfer of funds in or pursuant 

19 to this chapter, for intelligence activities are deemed to 

20 be specifically authorized by the Congress for purposes of 

21 section 504(a)(1) of the National Security Act of 1947 

22 (50 U.S.C. 414(a)(1)). 

23 SEC. 1304. None of the funds provided in this chap24 ter may be used to finance programs or activities denied 

25 by Congress in fiscal years 2006 or 2007 appropriations 
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1 to the Department of Defense or to initiate a procurement 

2 or research, development, test and evaluation new start 

3 program without prior written notification to the congres4 sional defense committees. 

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

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

7 amounts in or credited to the Defense Cooperation Ac8 count, pursuant to 10 U.S.C. 2608, to such appropriations 

9 or funds of the Department of Defense as he shall deter10 mine for use consistent with the purposes for which such 

11 funds were contributed and accepted: Provided, That such 

12 amounts shall be available for the same time period as 

13 the appropriation to which transferred: Provided further, 

14 That the Secretary shall report to the Congress all trans15 fers made pursuant to this authority. 

16 SEC. 1306. (a) AUTHORITY TO PROVIDE SUPPORT.— 

17 Of the amount appropriated by this title under the head18 ing, ‘‘Drug Interdiction and Counter-Drug Activities, De19 fense’’, not to exceed $60,000,000 may be used for sup20 port for counter-drug activities of the Governments of Af21 ghanistan, Kazakhstan, and Pakistan: Provided, That 

22 such support shall be in addition to support provided for 

23 the counter-drug activities of such Governments under any 

24 other provision of the law. 

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

2 this section, the support that may be provided under 

3 the authority in this section shall be limited to the 

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

5 the National Defense Authorization Act for Fiscal 

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

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

8 conditions on the provision of support as contained 

9 in section 1033 shall apply for fiscal year 2007. 

10 (2) The Secretary of Defense may transfer ve11 hicles, aircraft, and detection, interception, moni12 toring and testing equipment to said Governments 

13 for counter-drug activities. 

14 SEC. 1307. (a) From funds made available for oper15 ations and maintenance in this title to the Department 

16 of Defense, not to exceed $456,400,000 may be used, not17 withstanding any other provision of law, to fund the Com18 mander’s Emergency Response Program, for the purpose 

19 of enabling military commanders in Iraq and Afghanistan 

20 to respond to urgent humanitarian relief and reconstruc21 tion requirements within their areas of responsibility by 

22 carrying out programs that will immediately assist the 

23 Iraqi and Afghan people. 

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

25 after the end of each fiscal year quarter, the Secretary 
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1 of Defense shall submit to the congressional defense com2 mittees a report regarding the source of funds and the 

3 allocation and use of funds during that quarter that were 

4 made available pursuant to the authority provided in this 

5 section or under any other provision of law for the pur6 poses of the programs under subsection (a). 

7 SEC. 1308. During fiscal year 2007, supervision and 

8 administration costs associated with projects carried out 

9 with funds appropriated to ‘‘Afghanistan Security Forces 

10 Fund’’ or ‘‘Iraq Security Forces Fund’’ in this chapter 

11 may be obligated at the time a construction contract is 

12 awarded: Provided, That for the purpose of this section, 

13 supervision and administration costs include all in-house 

14 Government costs. 

15 SEC. 1309. Section 1005(c)(2) of the National De16 fense Authorization Act, Fiscal Year 2007 (Public Law 

17 109–364) is amended by striking ‘‘$310,277,000’’ and in18 serting ‘‘$376,446,000’’. 

19 SEC. 1310. None of the funds appropriated or other20 wise made available by this or any other Act shall be obli21 gated or expended by the United States Government for 

22 a purpose as follows: 

23 (1) To establish any military installation or 

24 base for the purpose of providing for the permanent 

25 stationing of United States Armed Forces in Iraq. 
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1 (2) To exercise United States control over any 

2 oil resource of Iraq. 

3 SEC. 1311. None of the funds made available in this 

4 Act may be used in contravention of the following laws 

5 enacted or regulations promulgated to implement the 

6 United Nations Convention Against Torture and Other 

7 Cruel, Inhuman or Degrading Treatment or Punishment 

8 (done at New York on December 10, 1984): 

9 (1) Section 2340A of title 18, United States 

10 Code; 

11 (2) Section 2242 of the Foreign Affairs Reform 

12 and Restructuring Act of 1998 (division G of Public 

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

14 note) and regulations prescribed thereto, including 

15 regulations under part 208 of title 8, Code of Fed16 eral Regulations, and part 95 of title 22, Code of 

17 Federal Regulations; and 

18 (3) Sections 1002 and 1003 of the Department 

19 of Defense, Emergency Supplemental Appropriations 

20 to Address Hurricanes in the Gulf of Mexico, and 

21 Pandemic Influenza Act, 2006 (Public Law 109– 

22 148). 

23 SEC. 1312. Section 9007 of Public Law 109–289 is 

24 amended by striking ‘‘20’’ and inserting ‘‘287’’. 
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1 SEC. 1313. INSPECTION OF MILITARY MEDICAL

2 TREATMENT FACILITIES, MILITARY QUARTERS HOUSING

3 MEDICAL HOLD PERSONNEL, AND MILITARY QUARTERS

4 HOUSING MEDICAL HOLDOVER PERSONNEL.L (a) PERI5 ODIC INSPECTION REQUIRED.— 

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

7 after the date of the enactment of this Act, and an8 nually thereafter, the Secretary of Defense shall in9 spect each facility of the Department of Defense as 

10 follows: 

11 (A) Each military medical treatment facil12 ity. 

13 (B) Each military quarters housing med14 ical hold personnel. 

15 (C) Each military quarters housing med16 ical holdover personnel. 

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

18 under this subsection is to ensure that the facility or 

19 quarters concerned meets acceptable standards for 

20 the maintenance and operation of medical facilities, 

21 quarters housing medical hold personnel, or quarters 

22 housing medical holdover personnel, as applicable. 

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

24 section, acceptable standards for the operation and main25 tenance of military medical treatment facilities, military 
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1 quarters housing medical hold personnel, or military quar2 ters housing medical holdover personnel are each of the 

3 following: 

4 (1) Generally accepted standards for the ac5 creditation of non-military medical facilities, or for 

6 facilities used to quarter individuals with medical 

7 conditions that may require medical supervision, as 

8 applicable, in the United States. 

9 (2) Standards under the Americans with Dis10 abilities Act of 1990 (42 U.S.C. 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 Act, or such standards as do exist do not meet accept16 able standards for the maintenance and operation of such 

17 facilities or quarters, as the case may be, the Secretary 

18 shall, not later than 30 days after that date, submit to 

19 Congress a report setting forth the plan of the Secretary 

20 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) standards under the Americans with 

5 Disabilities Act of 1990; and 

6 (2) the comprehensive implementation of the 

7 standards adopted under paragraph (1) at the ear8 liest date practicable. 

9 SEC. 1314. From funds made available for the ‘‘Iraq 

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

11 $155,500,000 may be used, notwithstanding any other 

12 provision of law, to provide assistance, with the concur13 rence of the Secretary of State, to the Government of Iraq 

14 to support the disarmament, demobilization, and re15 integration of militias and illegal armed groups. 

16 SEC. 1315. REVISION OF UNITED STATES POLICY ON

17 IRAQ. (a) FINDINGS.—Congress makes the following find18 ings: 

19 (1) Congress and the American people will con20 tinue to support and protect the members of the 

21 United States Armed Forces who are serving or 

22 have served bravely and honorably in Iraq. 

23 (2) The circumstances referred to in the Au24 thorization for Use of Military Force Against Iraq 
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1 Resolution of 2002 (Public Law 107–243) have 

2 changed substantially. 

3 (3) United States troops should not be policing 

4 a civil war, and the current conflict in Iraq requires 

5 principally a political solution. 

6 (4) United States policy on Iraq must change 

7 to emphasize the need for a political solution by 

8 Iraqi leaders in order to maximize the chances of 

9 success and to more effectively fight the war on ter10 ror. 

11 (b) PROMPT COMMENCEMENT OF PHASED REDE12 PLOYMENT OF UNITED STATES FORCES FROM IRAQ.— 

13 (1) TRANSITION OF MISSION.—The President 

14 shall promptly transition the mission of United 

15 States forces in Iraq to the limited purposes set 

16 forth in paragraph (2). 

17 (2) COMMENCEMENT OF PHASED REDEPLOY18 MENT FROM IRAQ.—The President shall commence 

19 the phased redeployment of United States forces 

20 from Iraq not later than 120 days after the date of 

21 the enactment of this Act, with the goal of rede22 ploying, by March 31, 2008, all United States com23 bat forces from Iraq except for a limited number 

24 that are essential for the following purposes: 
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1 (A) Protecting United States and coalition 

2 personnel and infrastructure. 

3 (B) Training and equipping Iraqi forces. 

4 (C) Conducting targeted counter-terrorism 

5 operations. 

6 (3) COMPREHENSIVE STRATEGY.—Paragraph 

7 (2) shall be implemented as part of a comprehensive 

8 diplomatic, political, and economic strategy that in9 cludes sustained engagement with Iraq’s neighbors 

10 and the international community for the purpose of 

11 working collectively to bring stability to Iraq. 

12 (4) REPORTS REQUIRED.—Not later than 60 

13 days after the date of the enactment of this Act, and 

14 every 90 days thereafter, the President shall submit 

15 to Congress a report on the progress made in 

16 transitioning the mission of the United States forces 

17 in Iraq and implementing the phased redeployment 

18 of United States forces from Iraq as required under 

19 this subsection, as well as a classified campaign plan 

20 for Iraq, including strategic and operational bench21 marks and projected redeployment dates of United 

22 States forces from Iraq. 

23 (c) BENCHMARKS FOR THE GOVERNMENT OF

24 IRAQ.— 
27 

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1 (1) SENSE OF CONGRESS.—It is the sense of 

2 Congress that— 

3 (A) achieving success in Iraq is dependent 

4 on the Government of Iraq meeting specific 

5 benchmarks, as reflected in previous commit6 ments made by the Government of Iraq, includ7 ing— 

8 (i) deploying trained and ready Iraqi 

9 security forces in Baghdad; 

10 (ii) strengthening the authority of 

11 Iraqi commanders to make tactical and 

12 operational decisions without political 

13 intervention; 

14 (iii) disarming militias and ensuring 

15 that Iraqi security forces are accountable 

16 only to the central government and loyal to 

17 the constitution of Iraq; 

18 (iv) enacting and implementing legis19 lation to ensure that the energy resources 

20 of Iraq benefit all Iraqi citizens in an equi21 table manner; 

22 (v) enacting and implementing legisla23 tion that equitably reforms the de24 Ba’athification process in Iraq; 
28 

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1 (vi) ensuring a fair process for 

2 amending the constitution of Iraq so as to 

3 protect minority rights; and 

4 (vii) enacting and implementing rules 

5 to equitably protect the rights of minority 

6 political parties in the Iraqi Parliament; 

7 and 

8 (B) each benchmark set forth in subpara9 graph (A) should be completed expeditiously 

10 and pursuant to a schedule established by the 

11 Government of Iraq. 

12 (2) REPORT.—Not later than 30 days after the 

13 date of the enactment of this Act, and every 60 days 

14 thereafter, the Commander, Multi-National Forces15 Iraq shall submit to Congress a report describing 

16 and assessing in detail the current progress being 

17 made by the Government of Iraq in meeting the 

18 benchmarks set forth in paragraph (1)(A). 

19 CHAPTER 4 

20 DEPARTMENT OF ENERGY 

21 ATOMIC ENERGY DEFENSE ACTIVITIES 

22 NATIONAL NUCLEAR SECURITY ADMINISTRATION

23 DEFENSE NUCLEAR NONPROLIFERATION

24 For an additional amount for ‘‘Defense Nuclear Non25 proliferation’’, $63,000,000. 
29 

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1 CHAPTER 5 

2 DEPARTMENT OF HOMELAND SECURITY 

3 UNITED STATES CUSTOMS AND BORDER PROTECTION

4 SALARIES AND EXPENSES

5 For an additional amount for ‘‘Salaries and Ex6 penses’’, $140,000,000, to remain available until Sep7 tember 30, 2008. 

8 AIR AND MARINE INTERDICTION, OPERATIONS, 

9 MAINTENANCE, AND PROCUREMENT

10 For an additional amount for ‘‘Air and Marine Inter11 diction, Operations, Maintenance, and Procurement’’, for 

12 air and marine operations on the Northern Border and 

13 the Great Lakes, including the final Northern Border air 

14 wing, $75,000,000, to remain available until September 

15 30, 2008. 

16 IMMIGRATION AND CUSTOMS ENFORCEMENT

17 SALARIES AND EXPENSES

18 For an additional amount for ‘‘Salaries and Ex19 penses’’, $20,000,000, to remain available until September 

20 30, 2008. 

21 TRANSPORTATION SECURITY ADMINISTRATION

22 AVIATION SECURITY

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

24 $660,000,000; of which $600,000,000 shall be for pro25 curement and installation of checked baggage explosives 

26 detection systems, to remain available until expended; and 
30 

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1 $60,000,000 shall be for air cargo security, to remain 

2 available until September 30, 2008. 

3 FEDERAL AIR MARSHALS

4 For an additional amount for ‘‘Federal Air Mar5 shals’’, $15,000,000, to remain available until September 

6 30, 2008. 

7 PREPAREDNESS

8 MANAGEMENT AND ADMINISTRATION

9 For an additional amount for ‘‘Office of the Chief 

10 Medical Officer’’ for nuclear preparedness and other ac11 tivities, $18,000,000, to remain available until September 

12 30, 2008. 

13 INFRASTRUCTURE PROTECTION AND INFORMATION

14 SECURITY

15 For an additional amount for ‘‘Infrastructure Protec16 tion and Information Security’’ for chemical site security 

17 activities, $18,000,000, to remain available until Sep18 tember 30, 2008. 

19 FEDERAL EMERGENCY MANAGEMENT AGENCY

20 ADMINISTRATIVE AND REGIONAL OPERATIONS

21 For an additional amount for ‘‘Administrative and 

22 Regional Operations’’ for necessary expenses related to 

23 title V of the Homeland Security Act of 2002 (6 U.S.C. 

24 101 et seq. (as amended by section 611 of the Post25 Katrina Emergency Management Reform Act of 2006 (6 

26 U.S.C. 701 note; Public Law 109–295))), $20,000,000, 
31 

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1 to remain available until September 30, 2008: Provided, 

2 That none of the funds available under this heading may 

3 be obligated until the Committees on Appropriations of the 

4 Senate and the House of Representatives receive and ap5 prove a plan for expenditure. 

6 STATE AND LOCAL PROGRAMS

7 For an additional amount for ‘‘State and Local Pro8 grams’’, $850,000,000; of which $190,000,000 shall be for 

9 port security pursuant to section 70107(l) of title 46 

10 United States Code; $625,000,000 shall be for intercity 

11 rail passenger transportation, freight rail, and transit se12 curity grants; and $35,000,000 shall be for regional 

13 grants and technical assistance to high risk urban areas 

14 for catastrophic event planning and preparedness: Pro15 vided, That none of the funds made available under this 

16 heading may be obligated for such regional grants and 

17 technical assistance until the Committees on Appropria18 tions of the Senate and the House of Representatives re19 ceive and approve a plan for expenditure: Provided further, 

20 That funds for such regional grants and technical assist21 ance shall remain available until September 30, 2008. 

22 EMERGENCY MANAGEMENT PERFORMANCE GRANTS

23 For an additional amount for ‘‘Emergency Manage24 ment Performance Grants’’ for necessary expenses related 

25 to the Nationwide Plan Review, $100,000,000. 
32 

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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, $30,000,000, 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 research, 

22 $15,000,000, to remain available until expended. 
33 

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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 GENERAL PROVISIONS—THIS CHAPTER 

8 SEC. 1501. None of the funds provided in this Act, 

9 or Public Law 109–295, shall be available to carry out 

10 section 872 of Public Law 107–296. 

11 SEC. 1502. Section 550 of the Department of Home12 land Security Appropriations Act, 2007 (6 U.S.C. 121 

13 note) is amended by adding at the end the following: 

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

15 of any State or political subdivision thereof to adopt or 

16 enforce any regulation, requirement, or standard of per17 formance with respect to chemical facility security that is 

18 more stringent than a regulation, requirement, or stand19 ard of performance issued under this section, or otherwise 

20 impair any right or jurisdiction of any State with respect 

21 to chemical facilities within that State, unless there is an 

22 actual conflict between this section and the law of that 

23 State.’’. 
34 

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1 CHAPTER 6 

2 MILITARY CONSTRUCTION 

3 MILITARY CONSTRUCTION, ARMY

4 For an additional amount for ‘‘Military Construction, 

5 Army’’, $1,261,390,000, to remain available until Sep6 tember 30, 2008: Provided, That such funds may be obli7 gated and expended to carry out planning and design and 

8 military construction projects not otherwise authorized by 

9 law: Provided further, That of the funds provided under 

10 this heading, $280,300,000 shall not be obligated or ex11 pended until the Secretary of Defense certifies that none 

12 of the funds are to be used for the purpose of providing 

13 facilities for the permanent basing of U.S. military per14 sonnel in Iraq. 

15 MILITARY CONSTRUCTION, NAVY AND MARINE CORPS

16 For an additional amount for ‘‘Military Construction, 

17 Navy and Marine Corps’’, $347,890,000, to remain avail18 able until September 30, 2008: Provided, That such funds 

19 may be obligated and expended to carry out planning and 

20 design and military construction projects not otherwise 

21 authorized by law. 

22 MILITARY CONSTRUCTION, AIR FORCE

23 For an additional amount for ‘‘Military Construction, 

24 Air Force’’, $34,700,000, to remain available until Sep25 tember 30, 2008: Provided, That such funds may be obli-
35 

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1 gated and expended to carry out planning and design and 

2 military construction projects not otherwise authorized by 

3 law. 

4 CHAPTER 7 

5 DEPARTMENT OF STATE AND RELATED 

6 AGENCY 

7 DEPARTMENT OF STATE 

8 ADMINISTRATION OF FOREIGN AFFAIRS

9 DIPLOMATIC AND CONSULAR PROGRAMS

10 For an additional amount for ‘‘Diplomatic and Con11 sular Programs’’, $815,796,000, to remain available until 

12 September 30, 2008, of which $70,000,000 for World 

13 Wide Security Upgrades is available until expended: Pro14 vided, That of the funds appropriated under this heading, 

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

16 public diplomacy programs: Provided further, That prior 

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

18 the Secretary of State shall submit a report to the Com19 mittees on Appropriations describing a comprehensive 

20 public diplomacy strategy, with goals and expected results, 

21 for fiscal years 2007 and 2008: Provided further, That 

22 within 15 days of enactment of this Act, the Office of 

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

24 from amounts appropriated or otherwise made available 

25 by chapter 8 of title II of division B of Public Law 109– 
36 

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1 148 under the heading ‘‘Emergencies in the Diplomatic 

2 and Consular Service’’ for emergency evacuations: Pro3 vided further, That of the amount made available under 

4 this heading for Iraq, not to exceed $20,000,000 may be 

5 transferred to, and merged with, funds in the ‘‘Emer6 gencies in the Diplomatic and Consular Service’’ appro7 priations account, to be available only for emergency evac8 uations and terrorism rewards. 

9 OFFICE OF INSPECTOR GENERAL

10 For an additional amount for ‘‘Office of Inspector 

11 General’’, $36,500,000, to remain available until Decem12 ber 31, 2008: Provided, That of the funds appropriated 

13 under this heading, not less than $1,500,000 shall be 

14 made available for activities related to oversight of assist15 ance furnished for Iraq and Afghanistan with funds ap16 propriated in this Act and in prior appropriations Acts: 

17 Provided further, That $35,000,000 of these funds shall 

18 be transferred to the Special Inspector General for Iraq 

19 Reconstruction for reconstruction oversight. 

20 EDUCATIONAL AND CULTURAL EXCHANGE PROGRAMS

21 For an additional amount for ‘‘Educational and Cul22 tural Exchange Programs’’, $25,000,000, to remain avail23 able until expended. 
37 

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1 INTERNATIONAL ORGANIZATIONS

2 CONTRIBUTIONS TO INTERNATIONAL ORGANIZATIONS

3 For an additional amount for ‘‘Contributions to 

4 International Organizations’’, $59,000,000, to remain 

5 available until September 30, 2008. 

6 CONTRIBUTIONS FOR INTERNATIONAL PEACEKEEPING

7 ACTIVITIES

8 For an additional amount for ‘‘Contributions for 

9 International Peacekeeping Activities’’, $200,000,000, to 

10 remain available until September 30, 2008. 

11 RELATED AGENCY 

12 BROADCASTING BOARD OF GOVERNORS

13 INTERNATIONAL BROADCASTING OPERATIONS

14 For an additional amount for ‘‘International Broad15 casting Operations’’ for activities related to broadcasting 

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

17 September 30, 2008. 

18 FOREIGN OPERATIONS 

19 BILATERAL ECONOMIC ASSISTANCE 

20 FUNDS APPROPRIATED TO THE PRESIDENT 

21 UNITED STATES AGENCY FOR INTERNATIONAL

22 DEVELOPMENT

23 CHILD SURVIVAL AND HEALTH PROGRAMS FUND

24 For an additional amount for ‘‘Child Survival and 

25 Health Programs Fund’’, $161,000,000, to remain avail26 able until September 30, 2008: Provided, That notwith-
38 

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1 standing any other provision of law, funds made available 

2 under the heading ‘‘Millennium Challenge Corporation’’ 

3 and ‘‘Global HIV/AIDS Initiative’’ in prior Acts making 

4 appropriations for foreign operations, export financing 

5 and related programs may be made available to combat 

6 the avian influenza, subject to the regular notification pro7 cedures of the Committees on Appropriations. 

8 INTERNATIONAL DISASTER AND FAMINE ASSISTANCE

9 For an additional amount for ‘‘International Disaster 

10 and Famine Assistance’’, $187,000,000, to remain avail11 able until expended: Provided, That of the funds appro12 priated under this heading, not less than $65,000,000 

13 shall be made available for assistance for internally dis14 placed persons in Iraq, not less than $18,000,000 shall 

15 be made available for emergency shelter, fuel and other 

16 assistance for internally displaced persons in Afghanistan, 

17 not less than $10,000,000 shall be made available for as18 sistance for northern Uganda, not less than $10,000,000 

19 shall be made available for assistance for eastern Demo20 cratic Republic of the Congo, and not less than 

21 $10,000,000 shall be made available for assistance for 

22 Chad. 

23 OPERATING EXPENSES OF THE UNITED STATES AGENCY

24 FOR INTERNATIONAL DEVELOPMENT

25 For an additional amount for ‘‘Operating Expenses 

26 of the United States Agency for International Develop-
39 

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1 ment’’, $5,700,000, to remain available until September 

2 30, 2008. 

3 OPERATING EXPENSES OF THE UNITED STATES AGENCY

4 FOR INTERNATIONAL DEVELOPMENT OFFICE OF IN5 SPECTOR GENERAL

6 For an additional amount for ‘‘Operating Expenses 

7 of the United States Agency for International Develop8 ment Office of Inspector General’’, $4,000,000, to remain 

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

10 funds appropriated under this heading, not less than 

11 $3,000,000 shall be made available for activities related 

12 to oversight of assistance furnished for Iraq with funds 

13 appropriated in this Act and in prior appropriations Acts, 

14 and not less than $1,000,000 shall be made available for 

15 activities related to oversight of assistance furnished for 

16 Afghanistan with funds appropriated in this Act and in 

17 prior appropriations Acts. 

18 OTHER BILATERAL ECONOMIC ASSISTANCE 

19 ECONOMIC SUPPORT FUND

20 For an additional amount for ‘‘Economic Support 

21 Fund’’, $2,602,200,000, to remain available until Sep22 tember 30, 2008: Provided, That of the funds appro23 priated under this heading that are available for assistance 

24 for Iraq, not less than $100,000,000 shall be made avail25 able to the United States Agency for International Devel26 opment for continued support for its Community Action 
40 

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1 Program in Iraq, of which not less than $5,000,000 shall 

2 be made available for the fund established by section 2108 

3 of Public Law 109–13: Provided further, That of the funds 

4 appropriated under this heading that are available for as5 sistance for Afghanistan, not less than $10,000,000 shall 

6 be made available to the United States Agency for Inter7 national Development for continued support for its Afghan 

8 Civilian Assistance Program: Provided further, That of the 

9 funds appropriated under this heading, not less than 

10 $6,000,000 shall be made available for assistance for elec11 tions, reintegration of ex-combatants, and other assistance 

12 to support the peace process in Nepal: Provided further, 

13 That of the funds appropriated under this heading, not 

14 less than $3,200,000 shall be made available, notwith15 standing any other provision of law, for assistance for 

16 Vietnam for environmental remediation of dioxin storage 

17 sites and to support health programs in communities near 

18 those sites: Provided further, That funds made available 

19 pursuant to the previous proviso should be matched, to 

20 the maximum extent possible, with contributions from 

21 other governments, multilateral organizations, and private 

22 sources: Provided further, That of the funds made avail23 able under this heading, not less than $6,000,000 shall 

24 be made available for typhoon reconstruction assistance 

25 for the Philippines: Provided further, That of the funds 
41 

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1 made available under this heading, not less than 

2 $110,000,000 shall be made available for assistance for 

3 Pakistan, of which not less than $5,000,000 shall be made 

4 available for political party development and election mon5 itoring activities: Provided further, That of the funds ap6 propriated under this heading, not less than $2,000,000 

7 shall be made available to support the peace process in 

8 northern Uganda: Provided further, That of the funds 

9 made available under the heading ‘‘Economic Support 

10 Fund’’ in Public Law 109–234 for Iraq to promote democ11 racy, rule of law and reconciliation, $2,000,000 should be 

12 made available for the United States Institute of Peace 

13 for programs and activities in Afghanistan to remain 

14 available until September 30, 2008. 

15 DEPARTMENT OF STATE 

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’’, $214,000,000, to re20 main available until September 30, 2008, for assistance 

21 for Kosovo. 

22 DEMOCRACY FUND

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

24 $465,000,000, to remain available until September 30, 

25 2008: Provided, That of the funds appropriated under this 
42 

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1 heading, not less than $385,000,000 shall be made avail2 able for the Human Rights and Democracy Fund of the 

3 Bureau of Democracy, Human Rights and Labor, Depart4 ment of State, for democracy, human rights, and rule of 

5 law programs in Iraq: Provided further, That prior to the 

6 initial obligation of funds made available under this head7 ing for Iraq for the Political Participation Fund or the 

8 National Institutions Fund, the Secretary of State shall 

9 submit a report to the Committees on Appropriations de10 scribing a comprehensive, long-term strategy, with goals 

11 and expected results, for strengthening and advancing de12 mocracy in Iraq: Provided further, That of the funds ap13 propriated under this heading, not less than $5,000,000 

14 shall be made available for media and reconciliation pro15 grams in Somalia. 

16 INTERNATIONAL NARCOTICS CONTROL AND LAW

17 ENFORCEMENT

18 (INCLUDING RESCISSION OF FUNDS)

19 For an additional amount for ‘‘International Nar20 cotics Control and Law Enforcement’’, $210,000,000, to 

21 remain available until September 30, 2008. 

22 Of the amounts made available for procurement of 

23 a maritime patrol aircraft for the Colombian Navy under 

24 this heading in Public Law 109–234, $13,000,000 are re25 scinded. 
43 

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1 MIGRATION AND REFUGEE ASSISTANCE

2 For an additional amount for ‘‘Migration and Ref3 ugee Assistance’’, $143,000,000, to remain available until 

4 September 30, 2008: Provided, That of the funds appro5 priated under this heading, not less than $65,000,000 

6 shall be made available for assistance for Iraqi refugees 

7 including not less than $5,000,000 to rescue Iraqi schol8 ars, and not less than $18,000,000 shall be made available 

9 for assistance for Afghan refugees. 

10 UNITED STATES EMERGENCY REFUGEE AND MIGRATION

11 ASSISTANCE FUND

12 For an additional amount for ‘‘United States Emer13 gency Refugee and Migration Assistance Fund’’, 

14 $55,000,000, to remain available until expended. 

15 NONPROLIFERATION, ANTI-TERRORISM, DEMINING AND

16 RELATED PROGRAMS

17 For an additional amount for ‘‘Nonproliferation, 

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

19 $27,500,000, to remain available until September 30, 

20 2008. 
44 

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1 DEPARTMENT OF THE TREASURY 

2 INTERNATIONAL AFFAIRS TECHNICAL ASSISTANCE

3 PROGRAM

4 For an additional amount for ‘‘International Affairs 

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

6 until September 30, 2008. 

7 MILITARY ASSISTANCE 

8 FUNDS APPROPRIATED TO THE PRESIDENT 

9 FOREIGN MILITARY FINANCING PROGRAM

10 For an additional amount for ‘‘Foreign Military Fi11 nancing Program’’, $220,000,000, to remain available 

12 until September 30, 2008, for assistance for Lebanon. 

13 PEACEKEEPING OPERATIONS

14 (INCLUDING TRANSFER OF FUNDS)

15 For an additional amount for ‘‘Peacekeeping Oper16 ations’’, $323,000,000, to remain available until Sep17 tember 30, 2008, of which up to $128,000,000 may be 

18 transferred, subject to the regular notification procedures 

19 of the Committees on Appropriations, to ‘‘Contributions 

20 to International Peacekeeping Activities’’, to be made 

21 available, notwithstanding any other provision of law, for 

22 assessed costs of United Nations Peacekeeping Missions: 

23 Provided, That of the funds appropriated under this head24 ing, not less than $45,000,000 shall be made available, 

25 notwithstanding section 660 of the Foreign Assistance Act 
45 

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1 of 1961, for assistance for Liberia for security sector re2 form. 

3 GENERAL PROVISIONS—THIS CHAPTER 

4 AUTHORIZATION OF FUNDS

5 SEC. 1701. Funds appropriated by this title may be 

6 obligated and expended notwithstanding section 10 of 

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

8 State Department Basic Authorities Act of 1956 (22 

9 U.S.C. 2680), section 313 of the Foreign Relations Au10 thorization Act, Fiscal Years 1994 and 1995 (22 U.S.C. 

11 6212), and section 504(a)(1) of the National Security Act 

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

13 EXTENSION OF AVAILABILITY OF FUNDS

14 SEC. 1702. Section 1302(a) of Public Law 109–234 

15 is amended by striking ‘‘one additional year’’ and inserting 

16 in lieu thereof ‘‘two additional years’’. 

17 EXTENSION OF OVERSIGHT AUTHORITY

18 SEC. 1703. Section 3001(o)(1)(B) of the Emergency 

19 Supplemental Appropriations Act for Defense and for the 

20 Reconstruction of Iraq and Afghanistan, 2004 (Public 

21 Law 108–106; 117 Stat. 1238; 5 U.S.C. App., note to sec22 tion 8G of Public Law 95–452), as amended by section 

23 1054(b) of the John Warner National Defense Authoriza24 tion Act for Fiscal Year 2007 (Public Law 109–364; 120 

25 Stat. 2397) and section 2 of the Iraq Reconstruction Ac26 countability Act of 2006 (Public Law 109–440), is amend-
46 

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1 ed by inserting ‘‘or fiscal year 2007’’ after ‘‘fiscal year 

2 2006’’. 

3 DEBT RESTRUCTURING

4 SEC. 1704. Amounts appropriated for fiscal year 

5 2007 for ‘‘Bilateral Economic Assistance—Department of 

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

7 Liberia in retiring its debt arrearages to the International 

8 Monetary Fund, the International Bank for Reconstruc9 tion and Development, and the African Development 

10 Bank. 

11 JORDAN

12 (INCLUDING TRANSFER OF FUNDS)

13 SEC. 1705. Of the funds appropriated by this Act for 

14 assistance for Iraq under the heading ‘‘Economic Support 

15 Fund’’ that are available to support Provincial Recon16 struction Team activities, up to $100,000,000 may be 

17 transferred to, and merged with, funds appropriated by 

18 this Act under the headings ‘‘Foreign Military Financing 

19 Program’’ and ‘‘Nonproliferation, Anti-terrorism, 

20 Demining and Related Programs’’ for assistance for Jor21 dan: Provided, That funds transferred pursuant to this 

22 section shall be subject to the regular notification proce23 dures of the Committees on Appropriations. 

24 LEBANON

25 SEC. 1706. Prior to the initial obligation of funds 

26 made available in this Act for assistance for Lebanon 
47 

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1 under the headings ‘‘Foreign Military Financing Pro2 gram’’ and ‘‘Nonproliferation, Anti-terrorism, Demining 

3 and Related Programs’’, the Secretary of State shall cer4 tify to the Committees on Appropriations that all prac5 ticable efforts have been made to ensure that such assist6 ance is not provided to or through any individual, or pri7 vate or government entity, that advocates, plans, sponsors, 

8 engages in, or has engaged in, terrorist activity: Provided, 

9 That this section shall be effective notwithstanding section 

10 534(a) of Public Law 109–102, which is made applicable 

11 to funds appropriated for fiscal year 2007 by the Con12 tinuing Appropriations Resolution, 2007, as amended. 

13 HUMAN RIGHTS AND DEMOCRACY FUND

14 SEC. 1707. The Assistant Secretary of State for De15 mocracy, Human Rights and Labor shall be responsible 

16 for all policy, funding, and programming decisions regard17 ing funds made available under this Act and prior Acts 

18 making appropriations for foreign operations, export fi19 nancing and related programs for the Human Rights and 

20 Democracy Fund of the Bureau of Democracy, Human 

21 Rights and Labor. 

22 INSPECTOR GENERAL OVERSIGHT OF IRAQ AND

23 AFGHANISTAN

24 SEC. 1708. (a) IN GENERAL.—Subject to paragraph 

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

26 the Broadcasting Board of Governors (referred to in this 
48 

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

2 services contracts to engage citizens of the United States 

3 to facilitate and support the Office of the Inspector Gen4 eral’s oversight of programs and operations related to Iraq 

5 and Afghanistan. Individuals engaged by contract to per6 form such services shall not, by virtue of such contract, 

7 be considered to be employees of the United States Gov8 ernment for purposes of any law administered by the Of9 fice of Personnel Management. The Secretary of State 

10 may determine the applicability to such individuals of any 

11 law administered by the Secretary concerning the perform12 ance of such services by such individuals. 

13 (b) CONDITIONS.—The authority under paragraph 

14 (1) is subject to the following conditions: 

15 (1) The Inspector General determines that ex16 isting personnel resources are insufficient. 

17 (2) The contract length for a personal services 

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

19 unless the Inspector General makes a finding that 

20 exceptional circumstances justify an extension of up 

21 to 2 additional years. 

22 (3) Not more than 20 individuals may be em23 ployed at any time as personal services contractors 

24 under the program. 
49 

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

2 award personal services contracts under this section shall 

3 terminate on December 31, 2008. A contract entered into 

4 prior to the termination date under this paragraph may 

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

6 (d) OTHER AUTHORITIES NOT AFFECTED.—The au7 thority under this section is in addition to any other au8 thority of the Inspector General to hire personal services 

9 contractors. 

10 FUNDING TABLES

11 SEC. 1709. (a) Funds provided in this Act for the 

12 following accounts shall be made available for programs 

13 and countries in the amounts contained in the respective 

14 tables included in the report accompanying this Act: 

15 ‘‘Diplomatic and Consular Programs’’. 

16 ‘‘Educational and Cultural Exchange Pro17 grams’’. 

18 ‘‘International Disaster and Famine Assist19 ance’’. 

20 ‘‘Economic Support Fund’’. 

21 ‘‘Assistance for Eastern Europe and Baltic 

22 States’’. 

23 ‘‘Democracy Fund’’. 

24 ‘‘Migration and Refugee Assistance’’. 

25 ‘‘Nonproliferation, Anti-Terrorism, Demining 

26 and Related Programs’’. 
50 

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1 ‘‘Peacekeeping Operations’’. 

2 (b) Any proposed increases or decreases to the 

3 amounts contained in the tables in the accompanying re4 port shall be subject to the regular notification procedures 

5 of the Committees on Appropriations and section 634A 

6 of the Foreign Assistance Act of 1961. 

7 BENCHMARKS FOR CERTAIN RECONSTRUCTION

8 ASSISTANCE FOR IRAQ

9 SEC. 1710. (a) BENCHMARKS.—Notwithstanding any 

10 other provision of law, fifty percent of the funds appro11 priated by this Act for assistance for Iraq under the head12 ings ‘‘Economic Support Fund’’ and ‘‘International Nar13 cotics and Law Enforcement’’ shall be withheld from obli14 gation until the President certifies to the Committees on 

15 Appropriations and Foreign Relations of the Senate and 

16 the Committees on Appropriations and Foreign Affairs of 

17 the House of Representatives that the Government of Iraq 

18 has— 

19 (1) enacted a broadly accepted hydro-carbon 

20 law that equitably shares oil revenues among all 

21 Iraqis; 

22 (2) adopted legislation necessary for the con23 duct of provincial and local elections, taken steps to 

24 implement such legislation, and set a schedule to 

25 conduct provincial and local elections; 
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1 (3) reformed current laws governing the de2 Baathification process to allow for more equitable 

3 treatment of individuals affected by such laws; 

4 (4) amended the Constitution of Iraq consistent 

5 with the principles contained in Article 137 of such 

6 constitution; and 

7 (5) allocated and begun expenditure of 

8 $10,000,000,000 in Iraqi revenues for reconstruc9 tion projects, including delivery of essential services, 

10 on an equitable basis. 

11 (b) EXEMPTIONS.—The requirement to withhold 

12 funds from obligation pursuant to subsection (a) shall not 

13 apply with respect to funds made available under the 

14 heading ‘‘Economic Support Fund’’ that are administered 

15 by the United States Agency for International Develop16 ment for continued support for the Community Action 

17 Program, assistance for civilian victims of the military op18 erations, and the Community Stabilization Program in 

19 Iraq, or for programs and activities to promote democracy, 

20 governance, human rights, and rule of law. 

21 (c) REPORT.—At the time the President certifies to 

22 the Committees on Appropriations and Foreign Relations 

23 of the Senate and the Committees on Appropriations and 

24 Foreign Affairs of the House of Representatives that the 

25 Government of Iraq has met the benchmarks described in 
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1 subsection (a), the President shall submit to such Commit2 tees a report that contains a detailed description of the 

3 specific actions that the Government of Iraq has taken to 

4 meet each of the benchmarks referenced in the certifi5 cation. 

6 RELIEF FOR IRAQI, HMONG AND OTHER REFUGEES WHO

7 DO NOT POSE A THREAT TO THE UNITED STATES

8 SEC. 1711. (a) AMENDMENT TO AUTHORITY TO DE9 TERMINE THE BAR TO ADMISSION INAPPLICABLE.—Sec10 tion 212(d)(3)(B)(i) of the Immigration and Nationality 

11 Act (8 U.S.C. 1182(d)(3)(B)(i)) is amended to read as 

12 follows: ‘‘The Secretary of State, after consultation with 

13 the Attorney General and the Secretary of Homeland Se14 curity, or the Secretary of Homeland Security, after con15 sultation with the Secretary of State and the Attorney 

16 General, may determine in such Secretary’s sole 

17 unreviewable discretion that subsection (a)(3)(B) shall not 

18 apply with respect to an alien within the scope of that 

19 subsection, or that subsection (a)(3)(B)(vi)(III) shall not 

20 apply to a group. Such a determination shall neither prej21 udice the ability of the United States Government to com22 mence criminal or civil proceedings involving a beneficiary 

23 of such a determination or any other person, nor create 

24 any substantive or procedural right or benefit for a bene25 ficiary of such a determination or any other person. Not26 withstanding any other provision of law (statutory or non- 
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1 statutory), including but not limited to section 2241 of 

2 title 28, or any other habeas corpus provision, and sections 

3 1361 and 1651 of such title, no court shall have jurisdic4 tion to review such a determination or revocation except 

5 in a proceeding for review of a final order of removal pur6 suant to section 242 and only to the extent provided in 

7 section 242(a)(2)(D). The Secretary of State may not ex8 ercise the discretion provided in this clause with respect 

9 to an alien at any time during which the alien is the sub10 ject of pending removal proceedings under section 1229a 

11 of title 8.’’. 

12 (b) AUTOMATIC RELIEF FOR THE HMONG AND

13 OTHER GROUPS THAT DO NOT POSE A THREAT TO THE

14 UNITED STATES.—Section 212(a)(3)(B) of the Immigra15 tion and Nationality Act (8 U.S.C. 1182(a)(3)(B)) is 

16 amended— 

17 (1) in clause (vi) in the matter preceding sec18 tion (I), by striking ‘‘As’’ and inserting ‘‘Except as 

19 provided in clause (vii), as’’; and 

20 (2) by adding at the end the following new 

21 clause: 

22 ‘‘(vii) Notwithstanding clause (vi), for 

23 purposes of this section the Hmong, the 

24 Montagnards, the Karen National Union/ 

25 Karen Liberation Army (KNU/KNLA), the 
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1 Chin National Front/Chin National Army 

2 (CNF/CNA), the Chin National League for 

3 Democracy (CNLD), the Kayan New Land 

4 Party (KNLP), the Arakan Liberation 

5 Party (ALP), the Mustangs, the Alzados, 

6 and the Karenni National Progressive 

7 Party shall not be considered to be a ter8 rorist organization on the basis of any act 

9 or event occurring before the date of enact10 ment of this section. Nothing in this sub11 section may be construed to alter or limit 

12 the authority of the Secretary of State and 

13 Secretary of Homeland Security to exercise 

14 their discretionary authority pursuant to 

15 212(d)(3)(B)(i) (8 U.S.C. 

16 1182(d)(3)(B)(i)).’’. 

17 (c) DURESS EXCEPTION.—Section 

18 212(a)(3)(B)(iv)(VI) of the Immigration and Nationality 

19 Act (8 U.S.C. 1182(a)(3)(B)(iv)(VI)) is amended by add20 ing ‘‘other than an act carried out under duress’’ after 

21 ‘‘act’’ and before ‘‘that the actor knows’’. 

22 (d) TECHNICAL CORRECTION.—Section 

23 212(a)(3)(B)(ii) of the Immigration and Nationality Act 

24 (8 U.S.C. 1182(a)(3)(B)(ii)) is amended by striking ‘‘Sub25 clause (VII)’’ and inserting ‘‘Subclause (IX)’’. 
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1 (e) REGULATIONS.—Section 212(d)(3)(B) of the Im2 migration and Nationality Act (8 U.S.C. 1182(d)(3)(B)) 

3 is amended by adding the following subsection: 

4 ‘‘(iii) Not later than 180 days after 

5 the date of enactment of this Act, the Sec6 retary of the Department of Homeland Se7 curity and Secretary of State shall each 

8 publish in the Federal Register regulations 

9 establishing the process by which the eligi10 bility of a refugee, asylum seeker, or indi11 vidual seeking to adjust his immigration 

12 status is considered eligible for any of the 

13 exceptions authorized by clause (i), includ14 ing a timeline for issuing a determina15 tion.’’. 

16 (f) EFFECTIVE DATE.—The amendments made by 

17 this section shall take effect on the date of enactment of 

18 this section, and these amendments and sections 

19 212(a)(3)(B) and 212(d)(3)(B) of the Immigration and 

20 Nationality Act (8 U.S.C. 1182(a)(3)(B) and 

21 1182(d)(3)(B)), as amended by these sections, shall apply 

22 to— 

23 (1) removal proceedings instituted before, on, or 

24 after the date of enactment of this section; and 
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1 (2) acts and conditions constituting a ground 

2 for inadmissibility, excludability, deportation, or re3 moval occurring or existing before, on, or after such 

4 date. 

5 SPENDING PLAN AND NOTIFICATION PROCEDURES

6 SEC. 1712. Not later than 45 days after enactment 

7 of this Act the Secretary of State shall submit to the Com8 mittees on Appropriations a report detailing planned ex9 penditures for funds appropriated under the headings in 

10 this chapter, except for funds appropriated under the 

11 headings ‘‘International Disaster and Famine Assist12 ance’’, ‘‘Office of the United States Agency for Inter13 national Development Inspector General’’, and ‘‘Office of 

14 the Inspector General’’: Provided, That funds appro15 priated under the headings in this chapter, except for 

16 funds appropriated under the headings named in this sec17 tion, shall be subject to the regular notification procedures 

18 of the Committees on Appropriations. 
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1 TITLE II 

2 KATRINA RECOVERY, VETERANS’ CARE AND 

3 FOR OTHER PURPOSES 

4 CHAPTER 1 

5 GENERAL PROVISION—THIS CHAPTER 

6 EMERGENCY FORESTRY CONSERVATION RESERVE

7 PROGRAM

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

9 Act of 1985 (16 U.S.C. 3831(k)(2)) is amended by strik10 ing ‘‘During calendar year 2006, the’’ and inserting 

11 ‘‘The’’. 

12 CHAPTER 2 

13 DEPARTMENT OF JUSTICE 

14 OFFICE OF JUSTICE PROGRAMS

15 STATE AND LOCAL LAW ENFORCEMENT ASSISTANCE

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

17 Enforcement Assistance’’, for discretionary grants author18 ized by subpart 2 of part E, of title I of the Omnibus 

19 Crime Control and Safe Streets Act of 1968, notwith20 standing the provisions of section 511 of said Act, 

21 $170,000,000, to remain available until September 30, 

22 2008: Provided, That of the amount made available under 

23 this heading, $70,000,000 shall be for local law enforce24 ment initiatives in the gulf coast region related to the 

25 aftermath of Hurricanes Katrina and Rita, of which no 
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1 less than $55,000,000 shall be for the State of Louisiana: 

2 Provided further, That of the amount made available 

3 under this heading, $100,000,000 shall be for reimbursing 

4 State and local law enforcement entities for security and 

5 related costs, including overtime, associated with the 2008 

6 Presidential Candidate Nominating Conventions, of which 

7 $50,000,000 shall be for the city of Denver, Colorado and 

8 $50,000,000 shall be for the city of St. Paul, Minnesota: 

9 Provided further, That the Department of Justice shall re10 port to the Committees on Appropriations of the House 

11 and the Senate on a quarterly basis on the expenditure 

12 of the funds provided in the previous proviso. 

13 DEPARTMENT OF COMMERCE 

14 NATIONAL OCEANIC AND ATMOSPHERIC

15 ADMINISTRATION

16 OPERATIONS, RESEARCH, AND FACILITIES

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

18 and Facilities’’, for necessary expenses related to fisheries 

19 disasters, $165,900,000, to remain available until Sep20 tember 30, 2008: Provided, That of the amount provided 

21 under this heading, the National Marine Fisheries Service 

22 shall cause $60,400,000 to be distributed among eligible 

23 recipients of assistance for the commercial fishery failure 

24 designated under section 312(a) of the Magnuson-Stevens 

25 Fishery Conservation and Management Act (16 U.S.C. 
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1 1861a(a)) and declared by the Secretary of Commerce on 

2 August 10, 2006: Provided further, That of the amount 

3 provided under this heading, $105,500,000 shall be for 

4 necessary expenses related to the consequences of Hurri5 canes Katrina and Rita on shrimp and fishing industries. 

6 PROCUREMENT, ACQUISITION, AND CONSTRUCTION

7 For an additional amount for ‘‘Procurement, Acquisi8 tion and Construction’’, for necessary expenses related to 

9 disaster response and preparedness of the Gulf of Mexico 

10 coast, $6,000,000, to remain available until September 30, 

11 2008. 

12 FISHERIES DISASTER MITIGATION FUND

13 For an additional amount for a ‘‘Fisheries Disaster 

14 Mitigation Fund’’, $50,000,000, to remain available until 

15 expended for use in mitigating the effects of commercial 

16 fisheries failures and fishery resource disasters as deter17 mined under the Magnuson Stevens Act (16 U.S.C. 1801 

18 et seq.) or the Interjurisdictional Fisheries Act (16 U.S.C. 

19 4101 et seq.): Provided, That the Secretary of Commerce 

20 shall obligate funds provided under this heading according 

21 to the Magnuson Stevens Conservation Act, as amended, 

22 the Interjurisdictional Fisheries Act, as amended, or other 

23 Acts as the Secretary determines to be appropriate. 

24 GENERAL PROVISION—THIS CHAPTER 

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

26 available to the National Aeronautics and Space Adminis-
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1 tration in Public Law 109–148 and Public Law 109–234 

2 for emergency hurricane and other natural disaster-re3 lated expenses may be used to reimburse hurricane-related 

4 costs incurred by NASA in fiscal year 2005. 

5 CHAPTER 3 

6 DEPARTMENT OF DEFENSE—CIVIL 

7 DEPARTMENT OF THE ARMY 

8 CORPS OF ENGINEERS—CIVIL

9 CONSTRUCTION

10 For an additional amount for ‘‘Construction’’ for nec11 essary expenses related to the consequences of Hurricane 

12 Katrina and other hurricanes of the 2005 season, 

13 $150,000,000, to remain available until expended, which 

14 may be used to continue construction of projects related 

15 to interior drainage for the greater New Orleans metro16 politan area. 

17 OPERATION AND MAINTENANCE

18 For an additional amount for ‘‘Operation and Main19 tenance’’ to dredge navigation channels related to the con20 sequences of Hurricane Katrina and other hurricanes of 

21 the 2005 season, $3,000,000, to remain available until ex22 pended. 

23 FLOOD CONTROL AND COASTAL EMERGENCIES

24 For an additional amount for ‘‘Flood Control and 

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

26 Act of August 18, 1941 (33 U.S.C. 701n), for necessary 
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1 expenses relating to the consequences of Hurricanes 

2 Katrina and Rita and for other purposes, $1,557,700,000, 

3 to remain available until expended: Provided, That 

4 $1,300,000,000 of the amount provided may be used by 

5 the Secretary of the Army to carry out projects and meas6 ures to provide the level of protection necessary to achieve 

7 the certification required for the 100-year level of flood 

8 protection in accordance with the national flood insurance 

9 program under the base flood elevations in existence at 

10 the time of construction of the enhancements for the West 

11 Bank and Vicinity and Lake Ponchartrain and Vicinity, 

12 Louisiana, projects, as described under the heading 

13 ‘‘Flood Control and Coastal Emergencies’’, in chapter 3 

14 of Public Law 109–148: Provided further, That 

15 $150,000,000 of the amount provided may be used to sup16 port emergency operations, repairs and other activities in 

17 response to flood, drought and earthquake emergencies as 

18 authorized by law: Provided further, That $107,700,000 

19 of the amount provided may be used to implement the 

20 projects for hurricane storm damage reduction, flood dam21 age reduction, and ecosystem restoration within Hancock, 

22 Harrison, and Jackson Counties, Mississippi substantially 

23 in accordance with the Report of the Chief of Engineers 

24 dated December 31, 2006, and entitled ‘‘Mississippi, 

25 Coastal Improvements Program Interim Report, Hancock, 
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1 Harrison, and Jackson Counties, Mississippi’’: Provided 

2 further, That projects authorized for implementation 

3 under this Chief’s report shall be carried out at full Fed4 eral expense, except that the non-Federal interests shall 

5 be responsible for providing any lands, easements, rights6 of-way, disposal areas, and relocations required for con7 struction of the project and for all costs associated with 

8 operation and maintenance of the project: Provided fur9 ther, That any project using funds appropriated under this 

10 heading shall be initiated only after non-Federal interests 

11 have entered into binding agreements with the Secretary 

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

13 the operation, maintenance, repair, replacement, and reha14 bilitation costs of the project and to hold and save the 

15 United States free from damages due to the construction 

16 or operation and maintenance of the project, except for 

17 damages due to the fault or negligence of the United 

18 States or its contractors. 

19 DEPARTMENT OF INTERIOR 

20 BUREAU OF RECLAMATION

21 WATER AND RELATED RESOURCES

22 For an additional amount for ‘‘Water and Related 

23 Resources’’, $18,000,000, to remain available until ex24 pended for drought assistance: Provided, That drought as25 sistance may be provided under the Reclamation States 
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1 Drought Emergency Act or other applicable Reclamation 

2 authorities to assist drought plagued areas of the West. 

3 GENERAL PROVISIONS—THIS CHAPTER 

4 SEC. 2301. The Secretary is authorized and directed 

5 to reimburse local governments for expenses they have in6 curred in storm-proofing pumping stations, constructing 

7 safe houses for operators, and other interim flood control 

8 measures in and around the New Orleans metropolitan 

9 area, provided the Secretary determines those elements of 

10 work and related expenses to be integral to the overall 

11 plan to ensure operability of the stations during hurri12 canes, storms and high water events and the flood control 

13 plan for the area. 

14 SEC. 2302. The limitation concerning total project 

15 costs in section 902 of the Water Resources Development 

16 Act of 1986, as amended (33 U.S.C. 2280), shall not 

17 apply during fiscal year 2008 to any water resources 

18 project for which funds were made available during fiscal 

19 year 2007. 

20 SEC. 2303. (a) The Secretary of the Army is author21 ized and directed to utilize funds remaining available for 

22 obligation from the amounts appropriated in chapter 3 of 

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

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

25 Orleans metropolitan area to prosecute these projects in 
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1 a manner which promotes the goal of continuing work at 

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

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

4 damage to people and property. 

5 (b) The expenditure of funds as provided in sub6 section (a) may be made without regard to individual 

7 amounts or purposes specified in chapter 3 of Public Law 

8 109–234. 

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

10 accomplish the goal established in subsection (a) are au11 thorized. Reallocation of funds in excess of $250,000,000 

12 or 50 percent, whichever is less, of the individual amounts 

13 specified in chapter 3 of Public Law 109–234 require noti14 fications of the House and Senate Committees on Appro15 priation. 

16 CHAPTER 4 

17 SMALL BUSINESS ADMINISTRATION 

18 DISASTER LOANS PROGRAM ACCOUNT

19 (INCLUDING TRANSFER OF FUNDS)

20 For an additional amount for ‘‘Disaster Loans Pro21 gram Account’’ for administrative expenses to carry out 

22 the disaster loan program, $25,069,000, to remain avail23 able until expended, which may be transferred to and 

24 merged with ‘‘Small Business Administration, Salaries 

25 and Expenses’’. 
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1 GENERAL PROVISIONS—THIS CHAPTER 

2 SEC. 2401. ECONOMIC INJURY DISASTER LOANS. (a) 

3 DEFINITIONS.—In this section— 

4 (1) the term ‘‘Administrator’’ means the Ad5 ministrator of the Small Business Administration; 

6 (2) the term ‘‘covered small business concern’’ 

7 means a small business concern— 

8 (A) that is located in any area in Lou9 isiana or Mississippi for which the President de10 clared a major disaster because of Hurricane 

11 Katrina of 2005 or Hurricane Rita of 2005; 

12 (B) that has not more than 50 full-time 

13 employees; and 

14 (C) that— 

15 (i)(I) suffered a substantial economic 

16 injury as a result of Hurricane Katrina of 

17 2005 or Hurricane Rita of 2005, because 

18 of a reduction in travel or tourism to the 

19 area described in subparagraph (A); and 

20 (II) demonstrates that, during the 1- 

21 year period ending on August 28, 2005, 

22 not less than 45 percent of the revenue of 

23 that small business concern resulted from 

24 tourism or travel related sales; or 
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1 (ii)(I) suffered a substantial economic 

2 injury as a result of Hurricane Katrina of 

3 2005 or Hurricane Rita of 2005; and 

4 (II) operates in a parish or county for 

5 which the population on the date of enact6 ment of this Act, as determined by the Ad7 ministrator, is not greater than 75 percent 

8 of the population of that parish or county 

9 before August 28, 2005, based on the most 

10 recent United States population estimate 

11 available before August 28, 2005; 

12 (3) the term ‘‘major disaster’’ has the meaning 

13 given that term in section 102 of the Robert T. 

14 Stafford Disaster Relief and Emergency Assistance 

15 Act (42 U.S.C. 5122); and 

16 (4) the term ‘‘small business concern’’ has the 

17 meaning given that term in section 3 of the Small 

18 Business Act (15 U.S.C. 632). 

19 (b) APPROPRIATION.— 

20 (1) IN GENERAL.—There are appropriated, out 

21 of any money in the Treasury not otherwise appro22 priated, $25,000,000 to the Administrator, which, 

23 except as provided in paragraph (2) or (3), shall be 

24 used for loans under section 7(b)(2) of the Small 
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1 Business Act (15 U.S.C. 636(b)(2)) to covered small 

2 business concerns. 

3 (2) ADMINISTRATIVE EXPENSES.—Of the 

4 amounts made available under paragraph (1), not 

5 more than $8,750,000 may be transferred to and 

6 merged with ‘‘Salaries and Expenses’’ to carry out 

7 the disaster loan program of the Small Business Ad8 ministration. 

9 (3) OTHER USES OF FUNDS.—The Adminis10 trator may use amounts made available under para11 graph (1) for other purposes authorized for amounts 

12 in the ‘‘Disaster Loans Program Account’’ or trans13 fer such amounts to and merge such amounts with 

14 ‘‘Salaries and Expenses’’, if— 

15 (A) such amounts are— 

16 (i) not obligated on the later of 5 

17 months after the date of enactment of this 

18 Act and August 29, 2007; or 

19 (ii) necessary to provide assistance in 

20 the event of a major disaster; and 

21 (B) not later than 5 days before any such 

22 use or transfer of amounts, the Administrator 

23 provides written notification of such use or 

24 transfer to the Committee on Appropriations of 
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1 the Senate and the Committee on Appropria2 tions of the House of Representatives. 

3 SEC. 2402. OTHER PROGRAMS. (a) HUBZONES.— 

4 Section 3(p) of the Small Business Act (15 U.S.C. 632(p)) 

5 is amended— 

6 (1) in paragraph (1)— 

7 (A) in subparagraph (D), by striking ‘‘or’’; 

8 (B) in subparagraph (E), by striking the 

9 period at the end and inserting ‘‘; or’’; and 

10 (C) by adding at the end the following: 

11 ‘‘(F) an area in which the President has 

12 declared a major disaster (as that term is de13 fined in section 102 of the Robert T. Stafford 

14 Disaster Relief and Emergency Assistance Act 

15 (42 U.S.C. 5122)) as a result of Hurricane 

16 Katrina of August 2005 or Hurricane Rita of 

17 September 2005, during the time period de18 scribed in paragraph (8).’’; and 

19 (2) by adding at the end the following: 

20 ‘‘(8) TIME PERIOD.—The time period for the 

21 purposes of paragraph (1)(F)— 

22 ‘‘(A) shall be the 2-year period beginning 

23 on the later of the date of enactment of this 

24 paragraph and August 29, 2007; and 
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1 ‘‘(B) may, at the discretion of the Admin2 istrator, be extended to be the 3-year period be3 ginning on the later of the date of enactment 

4 of this paragraph and August 29, 2007.’’. 

5 (b) RELIEF FROM TEST PROGRAM.—Section 711(d) 

6 of the Small Business Competitive Demonstration Pro7 gram Act of 1988 (15 U.S.C. 644 note) is amended— 

8 (1) by striking ‘‘The Program’’ and inserting 

9 the following: 

10 ‘‘(1) IN GENERAL.—Except as provided in para11 graph (2), the Program’’; and 

12 (2) by adding at the end the following: 

13 ‘‘(2) EXCEPTION.— 

14 ‘‘(A) IN GENERAL.—The Program shall 

15 not apply to any contract related to relief or re16 construction from Hurricane Katrina of 2005 

17 or Hurricane Rita of 2005 during the time pe18 riod described in subparagraph (B). 

19 ‘‘(B) TIME PERIOD.—The time period for 

20 the purposes of subparagraph (A)— 

21 ‘‘(i) shall be the 2-year period begin22 ning on the later of the date of enactment 

23 of this paragraph and August 29, 2007; 

24 and 
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1 ‘‘(ii) may, at the discretion of the Ad2 ministrator, be extended to be the 3-year 

3 period beginning on the later of the date of 

4 enactment of this paragraph and August 

5 29, 2007.’’. 

6 CHAPTER 5 

7 DEPARTMENT OF HOMELAND SECURITY 

8 FEDERAL EMERGENCY MANAGEMENT AGENCY

9 DISASTER RELIEF

10 For an additional amount for ‘‘Disaster Relief’’ for 

11 necessary expenses under the Robert T. Stafford Disaster 

12 Relief and Emergency Assistance Act (42 U.S.C. 5121 et 

13 seq.), $4,310,000,000, to remain available until expended. 

14 GENERAL PROVISIONS—THIS CHAPTER 

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

16 other provision of law, including any agreement, the Fed17 eral share of assistance, including direct Federal assist18 ance, provided for the States of Louisiana, Mississippi, 

19 Alabama, and Texas in connection with Hurricanes 

20 Katrina and Rita under sections 403, 406, 407, and 408 

21 of the Robert T. Stafford Disaster Relief and Emergency 

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

23 shall be 100 percent of the eligible costs under such sec24 tions. 

25 (b) APPLICABILITY.— 
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1 (1) IN GENERAL.—Subject to paragraph (2), 

2 the Federal share provided by subsection (a) shall 

3 apply to disaster assistance applied for before the 

4 date of enactment of this Act. 

5 (2) LIMITATION.—In the case of disaster assist6 ance provided under sections 403, 406, and 407 of 

7 the Robert T. Stafford Disaster Relief and Emer8 gency Assistance Act, the Federal share provided by 

9 subsection (a) shall be limited to assistance provided 

10 for projects for which applications have been pre11 pared for the Federal Emergency Management 

12 Agency before the date of enactment of this Act. 

13 SEC. 2502. (a) Section 2(a) of the Community Dis14 aster Loan Act of 2005 (Public Law 109–88; 119 Stat. 

15 2061) is amended by striking ‘‘: Provided further, That 

16 notwithstanding section 417(c)(1) of the Stafford Act, 

17 such loans may not be canceled’’. 

18 (b) Chapter 4 of title II of the Emergency Supple19 mental Appropriations Act for Defense, the Global War 

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

21 109–234; 120 Stat. 471) is amended under the heading 

22 ‘‘Disaster Assistance Direct Loan Program Account’’ 

23 under the heading ‘‘Federal Emergency Management 

24 Agency’’ under the heading ‘‘Department of Homeland 

25 Security’’, by striking ‘‘Provided further, That notwith-
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1 standing section 417(c)(1) of such Act, such loans may 

2 not be canceled:’’. 

3 SEC. 2503. Section 2401 of the Emergency Supple4 mental Appropriations Act for Defense, the Global War 

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

6 109–234; 120 Stat. 460) is amended by striking ‘‘12 

7 months’’ and inserting ‘‘24 months’’. 

8 CHAPTER 6 

9 DEPARTMENT OF THE INTERIOR 

10 BUREAU OF LAND MANAGEMENT

11 WILDLAND FIRE MANAGEMENT

12 (INCLUDING TRANSFER OF FUNDS)

13 For an additional amount for ‘‘Wildland Fire Man14 agement’’, $100,000,000, to remain available until ex15 pended, for urgent wildland fire suppression activities: 

16 Provided, That such funds shall only become available if 

17 funds previously provided for wildland fire suppression will 

18 be exhausted imminently and the Secretary of the Interior 

19 notifies the House and Senate Committees on Appropria20 tions in writing of the need for these additional funds: Pro21 vided further, That such funds are also available for repay22 ment to other appropriations accounts from which funds 

23 were transferred for wildfire suppression. 
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1 UNITED STATES FISH AND WILDLIFE SERVICE

2 RESOURCE MANAGEMENT

3 For an additional amount for ‘‘Resource Manage4 ment’’ for the detection of highly pathogenic avian influ5 enza in wild birds, including the investigation of morbidity 

6 and mortality events, targeted surveillance in live wild 

7 birds, and targeted surveillance in hunter-taken birds, 

8 $7,398,000, to remain available until September 30, 2008. 

9 NATIONAL PARK SERVICE

10 OPERATION OF THE NATIONAL PARK SYSTEM

11 For an additional amount for ‘‘Operation of the Na12 tional Park System’’ for the detection of highly pathogenic 

13 avian influenza in wild birds, including the investigation 

14 of morbidity and mortality events, $525,000, to remain 

15 available until September 30, 2008. 

16 HISTORIC PRESERVATION FUND

17 For an additional amount for the ‘‘Historic Preserva18 tion Fund’’ for necessary expenses related to the con19 sequences of Hurricane Katrina and other hurricanes of 

20 the 2005 season, $15,000,000, to remain available until 

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

22 under this heading shall be provided to the State Historic 

23 Preservation Officer, after consultation with the National 

24 Park Service, for grants for disaster relief in areas of Lou25 isiana impacted by Hurricanes Katrina or Rita: Provided 

26 further, That grants shall be for the preservation, sta-
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1 bilization, rehabilitation, and repair of historic properties 

2 listed in or eligible for the National Register of Historic 

3 Places, for planning and technical assistance: Provided 

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

5 the President determines to be a major disaster under sec6 tion 102(2) of the Robert T. Stafford Disaster Relief and 

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

8 Hurricanes Katrina or Rita: Provided further, That indi9 vidual grants shall not be subject to a non-Federal match10 ing requirement: Provided further, That no more than 5 

11 percent of funds provided under this heading for disaster 

12 relief grants may be used for administrative expenses. 

13 UNITED STATES GEOLOGICAL SURVEY

14 SURVEYS, INVESTIGATIONS, AND RESEARCH

15 For an additional amount for ‘‘Surveys, Investiga16 tions, and Research’’ for the detection of highly patho17 genic avian influenza in wild birds, including the investiga18 tion of morbidity and mortality events, targeted surveil19 lance in live wild birds, and targeted surveillance in 

20 hunter-taken birds, $5,270,000, to remain available until 

21 September 30, 2008. 
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1 DEPARTMENT OF AGRICULTURE 

2 FOREST SERVICE

3 NATIONAL FOREST SYSTEM

4 For an additional amount for ‘‘National Forest Sys5 tem’’ for the implementation of a nationwide initiative to 

6 increase protection of national forest lands from foreign 

7 drug-trafficking organizations, including funding for addi8 tional law enforcement personnel, training, equipment and 

9 cooperative agreements, $12,000,000, to remain available 

10 until expended. 

11 WILDLAND FIRE MANAGEMENT

12 (INCLUDING TRANSFER OF FUNDS)

13 For an additional amount for ‘‘Wildland Fire Man14 agement’’, $400,000,000, to remain available until ex15 pended, for urgent wildland fire suppression activities: 

16 Provided, That such funds shall only become available if 

17 funds provided previously for wildland fire suppression will 

18 be exhausted imminently and the Secretary of Agriculture 

19 notifies the House and Senate Committees on Appropria20 tions in writing of the need for these additional funds: Pro21 vided further, That such funds are also available for repay22 ment to other appropriation accounts from which funds 

23 were transferred for wildfire suppression. 

24 GENERAL PROVISIONS—THIS CHAPTER 

25 SEC. 2601. (a) For fiscal year 2007, payments shall 

26 be made from any revenues, fees, penalties, or miscella-
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1 neous receipts described in sections 102(b)(3) and 

2 103(b)(2) of the Secure Rural Schools and Community 

3 Self-Determination Act of 2000 (Public Law 106–393; 16 

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

5 payments shall be made, to the maximum extent prac6 ticable, in the same amounts, for the same purposes, and 

7 in the same manner as were made to States and counties 

8 in 2006 under that Act. 

9 (b) There is appropriated $425,000,000 to be used 

10 to cover any shortfall for payments made under this sec11 tion. 

12 (c) Titles II and III of Public Law 106–393 are 

13 amended, effective September 30, 2006, by striking 

14 ‘‘2006’’ and ‘‘2007’’ each place they appear and inserting 

15 ‘‘2007’’ and ‘‘2008’’, respectively. 

16 SEC. 2602. Disaster relief funds from Public Law 

17 109–234, 120 Stat. 418, 461, (June 30, 2006), chapter 

18 5, ‘‘National Park Service—Historic Preservation Fund,’’ 

19 for necessary expenses related to the consequences of Hur20 ricane Katrina and other hurricanes of the 2005 season, 

21 may be used to reconstruct destroyed properties that at 

22 the time of destruction were listed in the National Register 

23 of Historic Places and are otherwise qualified to receive 

24 these funds: Provided, That the State Historic Preserva25 tion Officer certifies that, for the community where that 
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1 destroyed property was located, that the property is iconic 

2 to or essential to illustrating that community’s historic 

3 identity, that no other property in that community with 

4 the same associative historic value has survived, and that 

5 sufficient historical documentation exists to ensure an ac6 curate reproduction. 

7 CHAPTER 7 

8 DEPARTMENT OF HEALTH AND HUMAN 

9 SERVICES 

10 CENTERS FOR DISEASE CONTROL AND PREVENTION

11 DISEASE CONTROL, RESEARCH AND TRAINING

12 For an additional amount for ‘‘Department of Health 

13 and Human Services, Centers for Disease Control and 

14 Prevention, Disease Control, Research and Training’’, to 

15 carry out section 501 of the Federal Mine Safety and 

16 Health Act of 1977 and section 6 of the Mine Improve17 ment and New Emergency Response Act of 2006, 

18 $13,000,000 for research to develop mine safety tech19 nology, including necessary repairs and improvements to 

20 leased laboratories: Provided, That progress reports on 

21 technology development shall be submitted to the House 

22 and Senate Committees on Appropriations and the Com23 mittee on Health, Education, Labor and Pensions of the 

24 Senate and the Committee on Education and Labor of the 

25 House of Representatives on a quarterly basis: Provided 
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1 further, That the amount provided under this heading 

2 shall remain available until September 30, 2008. 

3 ADMINISTRATION FOR CHILDREN AND FAMILIES

4 LOW-INCOME HOME ENERGY ASSISTANCE

5 For an additional amount for ‘‘Low-Income Home 

6 Energy Assistance’’ under section 2604(a) through (d) of 

7 the Low-Income Home Energy Assistance Act of 1981 (42 

8 U.S.C. 8623(a) through (d)), $320,000,000. 

9 For an additional amount for ‘‘Low-Income Home 

10 Energy Assistance’’ under section 2604(e) of the Low-In11 come Home Energy Assistance Act of 1981 (42 U.S.C. 

12 8623(e)), $320,000,000. 

13 OFFICE OF THE SECRETARY

14 PUBLIC HEALTH AND SOCIAL SERVICES EMERGENCY

15 FUND

16 (INCLUDING TRANSFER OF FUNDS)

17 For an additional amount for ‘‘Public Health and So18 cial Services Emergency Fund’’ to prepare for and re19 spond to an influenza pandemic, $820,000,000, to remain 

20 available until expended: Provided, That this amount shall 

21 be for activities including the development and purchase 

22 of vaccine, antivirals, necessary medical supplies, 

23 diagnostics, and other surveillance tools: Provided further, 

24 That products purchased with these funds may, at the dis25 cretion of the Secretary of Health and Human Services, 

26 be deposited in the Strategic National Stockpile: Provided 
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1 further, That notwithstanding section 496(b) of the Public 

2 Health Service Act, funds may be used for the construc3 tion or renovation of privately owned facilities for the pro4 duction of pandemic vaccine and other biologicals, where 

5 the Secretary finds such a contract necessary to secure 

6 sufficient supplies of such vaccines or biologicals: Provided 

7 further, That funds appropriated herein may be trans8 ferred to other appropriation accounts of the Department 

9 of Health and Human Services, as determined by the Sec10 retary to be appropriate, to be used for the purposes speci11 fied in this sentence. 

12 COVERED COUNTERMEASURE PROCESS FUND

13 For carrying out section 319F–4 of the Public Health 

14 Service Act (42 U.S.C. 247d–6e) to compensate individ15 uals for injuries caused by H5N1 vaccine, in accordance 

16 with the declaration regarding avian influenza viruses 

17 issued by the Secretary of Health and Human Services 

18 on January 26, 2007, pursuant to section 319F–3(b) of 

19 such Act (42 U.S.C. 247d–6d(b)), $50,000,000, to remain 

20 available until expended. 

21 DEPARTMENT OF EDUCATION 

22 HIGHER EDUCATION

23 For an additional amount under part B of title VII 

24 of the Higher Education Act of 1965 (‘‘HEA’’) for institu25 tions of higher education (as defined in section 102 of that 

26 Act) that are located in an area in which a major disaster 
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1 was declared in accordance with section 401 of the Robert 

2 T. Stafford Disaster Relief and Emergency Assistance Act 

3 related to hurricanes in the Gulf of Mexico in calendar 

4 year 2005, $30,000,000: Provided, That such funds shall 

5 be available to the Secretary of Education only for pay6 ments to help defray the expenses (which may include lost 

7 revenue, reimbursement for expenses already incurred, 

8 and construction) incurred by such institutions of higher 

9 education that were forced to close, relocate or signifi10 cantly curtail their activities as a result of damage directly 

11 caused by such hurricanes and for payments to enable 

12 such institutions to provide grants to students who attend 

13 such institutions for academic years beginning on or after 

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

15 be made in accordance with criteria established by the Sec16 retary and made publicly available without regard to sec17 tion 437 of the General Education Provisions Act, section 

18 553 of title 5, United States Code, or part B of title VII 

19 of the HEA. 

20 GENERAL PROVISIONS—THIS CHAPTER 

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

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

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

24 authorized by section 102 of this Act, the waiver authority 
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1 in subsection (a) of this section shall be available until 

2 the end of fiscal year 2008.’’ 

3 (INCLUDING RESCISSION)

4 SEC. 2702. (a) From unexpended balances of the 

5 amounts made available in the 2001 Emergency Supple6 mental Appropriations Act for Recovery from and Re7 sponse to Terrorist Attacks on the United States (Public 

8 Law 107–38) for the Employment Training Administra9 tion, Training and Employment Services under the De10 partment of Labor, $3,589,000 are rescinded. 

11 (b) For an additional amount for the Centers for Dis12 ease Control and Prevention for carrying out activities 

13 under section 5011(b) of the Emergency Supplemental 

14 Appropriations Act to Address Hurricanes in the Gulf of 

15 Mexico and Pandemic Influenza, 2006 (Public Law 109– 

16 148), $3,589,000. 

17 SEC. 2703. Notwithstanding section 2002(c) of the 

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

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

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

21 for expenditure by the States through the end of fiscal 

22 year 2008. 

23 SEC. 2704. ELIMINATION OF REMAINDER OF SCHIP 

24 FUNDING SHORTFALLS FOR FISCAL YEAR 2007. (a) 

25 ELIMINATION OF REMAINDER OF FUNDING SHORTFALLS, 

26 TIERED MATCH, AND OTHER LIMITATION ON EXPENDI-
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1 TURES.—Section 2104(h) of the Social Security Act (42 

2 U.S.C. 1397dd(h)), as added by section 201(a) of the Na3 tional Institutes of Health Reform Act of 2006 (Public 

4 Law 109–482), is amended— 

5 (1) in the heading for paragraph (2), by strik6 ing ‘‘REMAINDER OF REDUCTION’’ and inserting 

7 ‘‘PART’’; and 

8 (2) by striking paragraph (4) and inserting the 

9 following: 

10 ‘‘(4) ADDITIONAL AMOUNTS TO ELIMINATE RE11 MAINDER OF FISCAL YEAR 2007 FUNDING SHORT12 FALLS.— 

13 ‘‘(A) IN GENERAL.—The Secretary shall 

14 allot to each remaining shortfall State described 

15 in subparagraph (B) such amount as the Sec16 retary determines will eliminate the estimated 

17 shortfall described in such subparagraph for the 

18 State for fiscal year 2007. 

19 ‘‘(B) REMAINING SHORTFALL STATE DE20 SCRIBED.—For purposes of subparagraph (A), 

21 a remaining shortfall State is a State with a 

22 State child health plan approved under this title 

23 for which the Secretary estimates, on the basis 

24 of the most recent data available to the Sec25 retary as of the date of the enactment of this 
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1 paragraph, that the projected federal expendi2 tures under such plan for the State for fiscal 

3 year 2007 will exceed the sum of— 

4 ‘‘(i) the amount of the State’s allot5 ments for each of fiscal years 2005 and 

6 2006 that will not be expended by the end 

7 of fiscal year 2006; 

8 ‘‘(ii) the amount of the State’s allot9 ment for fiscal year 2007; and 

10 ‘‘(iii) the amounts, if any, that are to 

11 be redistributed to the State during fiscal 

12 year 2007 in accordance with paragraphs 

13 (1) and (2). 

14 ‘‘(C) APPROPRIATION; ALLOTMENT AU15 THORITY.—For the purpose of providing addi16 tional allotments to remaining shortfall States 

17 under this paragraph there is appropriated, out 

18 of any funds in the Treasury not otherwise ap19 propriated, such sums as are necessary for fis20 cal year 2007.’’. 

21 (b) CONFORMING AMENDMENTS.—Section 2104(h) 

22 of such Act (42 U.S.C. 1397dd(h)) (as so added), is 

23 amended— 

24 (1) in paragraph (1)(B), by striking ‘‘subject to 

25 paragraph (4)(B) and’’; 
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1 (2) in paragraph (2)(B), by striking ‘‘subject to 

2 paragraph (4)(B) and’’; 

3 (3) in paragraph (5)(A), by striking ‘‘and (3)’’ 

4 and inserting ‘‘(3), and (4)’’; and 

5 (4) in paragraph (6)— 

6 (A) in the first sentencel 

7 (i) by inserting ‘‘or allotted’’ after 

8 ‘‘redistributed’’; and 

9 (ii) by inserting ‘‘or allotments’’ after 

10 ‘‘redistributions’’; and 

11 (B) by striking ‘‘and (3)’’ and inserting 

12 ‘‘(3), and (4)’’. 

13 (c) GENERAL EFFECTIVE DATE; APPLICABILITY.— 

14 Except as otherwise provided, the amendments made by 

15 this section take effect on the date of enactment of this 

16 Act and apply without fiscal year limitation. 

17 SEC. 2705. Notwithstanding any other provision of 

18 law, the Secretary of Health and Human Services shall 

19 not, prior to the date that is 2 years after the date of 

20 enactment of this Act, take any action to finalize, or other21 wise implement provisions— 

22 (1) contained in the proposed rule published on 

23 January 18, 2007, on pages 2236 through 2258 of 

24 volume 72, Federal Register (relating to parts 433, 

25 447, and 457 of title 42, Code of Federal Regula-
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1 tions) or any other rule that would affect the Med2 icaid program established under title XIX of the So3 cial Security Act or the State Children’s Health In4 surance Program established under title XXI of such 

5 Act in a similar manner; or 

6 (2) restricting payments for graduate medical 

7 education under the Medicaid program. 

8 (b) INCREASE IN BASIC REBATE FOR SINGLE

9 SOURCE DRUGS AND INNOVATOR MULTIPLE SOURCE

10 DRUGS.—Section 1927(c)(1)(B)(i) of the Social Security 

11 Act (42 U.S.C. 1396r–8(c)(1)(B)(i)) is amended— 

12 (1) in subclause (IV), by striking ‘‘and’’ after 

13 the semicolon; 

14 (2) in subclause (V)— 

15 (A) by inserting ‘‘and before April 1, 

16 2007,’’ after ‘‘1995,’’; and 

17 (B) by striking the period and inserting ‘‘; 

18 and’’; and 

19 (3) by adding at the end the following: 

20 ‘‘(VI) after March 31, 2007, is 

21 20 percent.’’. 

22 SEC. 2706. (a) For grant years beginning in 2006– 

23 2007, the Secretary of Health and Human Services may 

24 waive the requirements of, with respect to Louisiana, Mis25 sissippi, Alabama, and Texas and any eligible metropolitan 
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1 area in Louisiana, Mississippi, Alabama, and Texas, the 

2 following sections of the Public Health Service Act: 

3 (1) Section 2612(e)(1) of such Act (42 U.S.C. 

4 300ff–21(b)(1)). 

5 (2) Section 2617(b)(7)(E) of such Act (42 

6 U.S.C. 300ff–27(b)(7)(E)). 

7 (3) Section 2617(d) of such Act (42 U.S.C. 

8 300ff–27(d)), except that such waiver shall apply so 

9 that the matching requirement is reduced to $1 for 

10 each $4 of Federal funds provided under the grant 

11 involved. 

12 (b) If the Secretary of Health and Human Services 

13 grants a waiver under subsection (b), the Secretary— 

14 (1) may not prevent Louisiana, Mississippi, 

15 Alabama, and Texas or any eligible metropolitan 

16 area in Louisiana, Mississippi, Alabama, and Texas 

17 from receiving or utilizing, or both, funds granted or 

18 distributed, or both, pursuant to title XXVI of the 

19 Public Health Service Act (42 U.S.C. 300ff–11 et 

20 seq.) because of the failure of Louisiana, Mississippi, 

21 Alabama, and Texas or any eligible metropolitan 

22 area in Louisiana, Mississippi, Alabama, and Texas 

23 to comply with the requirements of the sections list24 ed in paragraphs (1) through (3) of subsection (a); 
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1 (2) may not take action due to such noncompli2 ance; and 

3 (3) shall assess, evaluate, and review Louisiana, 

4 Mississippi, Alabama, and Texas or any eligible met5 ropolitan area’s eligibility for funds under such title 

6 XXVI as if Louisiana, Mississippi, Alabama, and 

7 Texas or such eligible metropolitan area had fully 

8 complied with the requirements of the sections listed 

9 in paragraphs (1) through (3) of subsection (a). 

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

11 Mississippi, Alabama, and Texas and any eligible metro12 politan area in Louisiana, Mississippi, Alabama, and 

13 Texas shall comply with each of the applicable require14 ments under title XXVI of the Public Health Service Act 

15 (42 U.S.C. 300ff–11 et seq.). 

16 CHAPTER 8 

17 LEGISLATIVE BRANCH 

18 ARCHITECT OF THE CAPITOL 

19 CAPITOL POWER PLANT

20 For an additional amount for ‘‘Capitol Power Plant’’, 

21 $25,000,000, for emergency utility tunnel repairs and as22 bestos abatement, to remain available until September 30, 

23 2011: Provided, That the Architect of the Capitol may not 

24 obligate any of the funds appropriated under this heading 

25 without approval of an obligation plan by the Committees 
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1 on Appropriations of the Senate and House of Representa2 tives. 

3 GOVERNMENT ACCOUNTABILITY OFFICE 

4 SALARIES AND EXPENSES

5 For an additional amount for ‘‘Salaries and Ex6 penses’’ of the Government Accountability Office, 

7 $374,000, to remain available until expended. 

8 CHAPTER 9 

9 DEPARTMENT OF DEFENSE 

10 MILITARY CONSTRUCTION 

11 MILITARY CONSTRUCTION, AIR FORCE RESERVE

12 (INCLUDING RESCISSION OF FUNDS)

13 For an additional amount for ‘‘Military Construction, 

14 Air Force Reserve’’, $3,096,000, to remain available until 

15 September 30, 2011: Provided, That such funds may be 

16 obligated and expended to carry out planning and design 

17 and military construction projects not otherwise author18 ized by law. 

19 Of the funds appropriated for ‘‘Military Construction, 

20 Air Force Reserve’’ under Public Law 109–114, 

21 $3,096,000 are hereby rescinded. 

22 DEPARTMENT OF DEFENSE BASE CLOSURE ACCOUNT, 

23 2005 

24 For deposit into the Department of Defense Base 

25 Closure Account 2005, established by section 2906(a)(1) 
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1 of the Defense Base Closure and Realignment Act of 1990 

2 (10 U.S.C. 2687 note), $3,136,802,000, to remain avail3 able until expended. 

4 DEPARTMENT OF VETERANS AFFAIRS 

5 VETERANS HEALTH ADMINISTRATION

6 MEDICAL SERVICES

7 For an additional amount for ‘‘Medical Services’’, 

8 $454,131,000, to remain available until expended, of 

9 which $50,000,000 shall be for the establishment of new 

10 Level I comprehensive polytrauma centers; $9,440,000 

11 shall be for the establishment of polytrauma residential 

12 transitional rehabilitation programs; $20,000,000 shall be 

13 for additional transition caseworkers; $30,000,000 shall 

14 be for substance abuse treatment programs; $20,000,000 

15 for readjustment counseling; $10,000,000 shall be for 

16 blind rehabilitation services; $100,000,000 shall be for en17 hancements to mental health services; $8,000,000 shall be 

18 for polytrauma support clinic teams; $5,356,000 for addi19 tional polytrauma points of contacts; and $201,335,000 

20 shall be for treatment of Operation Enduring Freedom 

21 and Operation Iraqi Freedom veterans. 

22 MEDICAL ADMINISTRATION

23 For an additional amount for ‘‘Medical Administra24 tion’’, $250,000,000, to remain available until expended. 
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1 MEDICAL FACILITIES

2 For an additional amount for ‘‘Medical Facilities’’, 

3 $595,000,000, to remain available until expended, of 

4 which $45,000,000 shall be used for facility and equip5 ment upgrades at the Department of Veterans Affairs 

6 polytrauma rehabilitation centers and the polytrauma net7 work sites; and $550,000,000 shall be for non-recurring 

8 maintenance as identified in the Department of Veterans 

9 Affairs Facility Condition Assessment report: Provided, 

10 That the amount provided under this heading for non-re11 curring maintenance shall be allocated in a manner out12 side of the Veterans Equitable Resource Allocation and 

13 specific to the needs and geographic distribution of Oper14 ation Enduring Freedom and Operation Iraqi Freedom 

15 veterans: Provided further, That within 30 days of enact16 ment of this Act the Secretary shall submit to the Com17 mittees on Appropriations of both Houses of Congress an 

18 expenditure plan for non-recurring maintenance prior to 

19 obligation. 

20 MEDICAL AND PROSTHETIC RESEARCH

21 For an additional amount for ‘‘Medical and Pros22 thetic Research’’, $30,000,000, to remain available until 

23 expended, which shall be used for research related to the 

24 unique medical needs of returning Operation Enduring 

25 Freedom and Operation Iraqi Freedom veterans. 
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1 DEPARTMENTAL ADMINISTRATION

2 GENERAL OPERATING EXPENSES

3 For an additional amount for ‘‘General Operating 

4 Expenses’’, $46,000,000, to remain available until ex5 pended, for the hiring and training of new pension and 

6 compensation claims processing personnel. 

7 INFORMATION TECHNOLOGY SYSTEMS

8 For an additional amount for ‘‘Information Tech9 nology Systems’’, $36,100,000, to remain available until 

10 expended, of which $20,000,000 shall be for information 

11 technology support and improvements for processing of 

12 OIF/OEF veterans benefits claims, including making elec13 tronic DOD medical records available for claims proc14 essing and enabling electronic benefits applications by vet15 erans; $1,000,000 shall be for the digitization of benefits 

16 records; and $15,100,000 shall be for electronic data 

17 breach and remediation and prevention. 

18 CONSTRUCTION, MINOR PROJECTS

19 For an additional amount for ‘‘Construction, Minor 

20 Projects’’, $355,907,000, to remain available until ex21 pended, of which $36,000,000 shall be for construction 

22 costs associated with the establishment of polytrauma resi23 dential transitional rehabilitation programs. 

24 GENERAL PROVISIONS—THIS CHAPTER 

25 SEC. 2901. (a) Notwithstanding any other provision 

26 of law, none of the funds in this or any other Act shall 
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1 be used to downsize staff or to close, realign or phase out 

2 essential services at Walter Reed Army Medical Center 

3 until equivalent medical facilities at the Walter Reed Na4 tional Military Medical Center at Naval Medical Center, 

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

6 Community Hospital have been constructed and equipped, 

7 and until the Secretary of Defense has certified in writing 

8 to the Congress that: 

9 (1) the new facilities at Walter Reed National 

10 Military Medical Center at Bethesda and/or the Fort 

11 Belvoir Community Hospital are complete and fully 

12 operational, and 

13 (2) replacement medical facilities at Walter 

14 Reed National Military Medical Center at Bethesda 

15 have adequate capacity to meet both the existing 

16 and projected demand for complex medical care and 

17 services, including outpatient and medical hold facili18 ties, for combat veterans and other military per19 sonnel. 

20 (b) Not later than 30 days after enactment of this 

21 Act, the Secretary of Defense shall provide to the Commit22 tees on Appropriations of the Senate and House of Rep23 resentatives a report and proposed timetable outlining the 

24 Department’s plan to transition patients, staff and med25 ical services to the new facilities at Bethesda and Fort 
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1 Belvoir without compromising patient care, staffing re2 quirements or facility maintenance at the Walter Reed 

3 Medical Center. 

4 (c) To ensure that the quality of care provided by 

5 the Military Health System is not diminished during this 

6 transition, the Walter Reed Army Medical Center shall be 

7 adequately funded, to include necessary renovation and 

8 maintenance of existing facilities, to continue the max9 imum level of inpatient and outpatient services. 

10 SEC. 2902. Within existing funds appropriated to De11 partmental Administration, General Operating Expenses 

12 for fiscal year 2007, and within 30 days after enactment 

13 of this Act, the Department of Veterans Affairs shall con14 tract with the National Academy of Public Administration 

15 for the purpose of conducting an independent study and 

16 analysis of the organizational structure, management and 

17 coordination processes, including Seamless Transition, uti18 lized by the Department of Veterans affairs to: 

19 (1) provide health care to active duty and vet20 erans of Operation Enduring Freedom and Oper21 ation Iraqi Freedom; and 

22 (2) provide benefits to veterans of Operation 

23 Enduring Freedom and Operation Iraqi Freedom. 

24 SEC. 2903. The Director of the Congressional Budget 

25 Office shall, not later than November 15, 2007, submit 
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1 to the Committees on Appropriations of the House of Rep2 resentatives and the Senate a report projecting appropria3 tions necessary for the Departments of Defense and Vet4 erans Affairs to continue providing necessary health care 

5 to veterans of the conflicts in Iraq and Afghanistan. The 

6 projections should span several scenarios for the duration 

7 and number of forces deployed in Iraq and Afghanistan, 

8 and more generally, for the long-term health care needs 

9 of deployed troops engaged in the global war on terrorism 

10 over the next ten years. 

11 CHAPTER 10 

12 DEPARTMENT OF TRANSPORTATION 

13 FEDERAL HIGHWAY ADMINISTRATION

14 FEDERAL-AID HIGHWAYS

15 EMERGENCY RELIEF PROGRAM

16 (INCLUDING RESCISSION OF FUNDS)

17 For an additional amount for the Emergency Relief 

18 Program as authorized under section 125 of title 23, 

19 United States Code, $388,903,000, to remain available 

20 until expended: Provided, That of the unobligated balances 

21 of funds apportioned to each State under chapter 1 of title 

22 23, United States Code, $388,903,000 are rescinded: Pro23 vided further, That such rescission shall not apply to the 

24 funds distributed in accordance with sections 130(f) and 

25 104(b)(5) of title 23, United States Code; sections 

26 133(d)(1) and 163 of such title, as in effect on the day 
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1 before the date of enactment of Public Law 109–59; and 

2 the first sentence of section 133(d)(3)(A) of such title: 

3 Provided further, That section 4103 of title III of this Act 

4 shall not apply to the first proviso under this paragraph. 

5 FEDERAL TRANSIT ADMINISTRATION

6 FORMULA GRANTS

7 For an additional amount to be allocated by the Sec8 retary to recipients of assistance under chapter 53 of title 

9 49, United States Code, directly affected by Hurricanes 

10 Katrina and Rita, $75,000,000, for the operating and cap11 ital costs of transit services, to remain available until ex12 pended: Provided, That the Federal share for any project 

13 funded from this amount shall be 100 percent. 

14 DEPARTMENT OF HOUSING AND URBAN 

15 DEVELOPMENT 

16 OFFICE OF INSPECTOR GENERAL

17 For an additional amount for the Office of Inspector 

18 General, for the necessary costs related to the con19 sequences of Hurricanes Katrina and Rita, $5,000,000, 

20 to remain available until expended. 

21 GENERAL PROVISIONS—THIS CHAPTER 

22 SEC. 3001. Notwithstanding part 750 of title 23, 

23 Code of Federal Regulations (or a successor regulation), 

24 if permitted by State law, a nonconforming sign that is 

25 or has been damaged, destroyed, abandoned, or discon-
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1 tinued as a result of a hurricane that is determined to 

2 be an act of God (as defined by State law) may be re3 paired, replaced, or reconstructed if the replacement sign 

4 has the same dimensions as the original sign, and said 

5 sign is located within a State found within Federal Emer6 gency Management Agency Region IV or VI. The provi7 sions of this section shall cease to be in effect twenty-four 

8 months following the date of enactment of this Act. 

9 SEC. 3002. Section 21033 of the Continuing Appro10 priations Resolution, 2007 (division B of Public Law 109– 

11 289, as amended by Public Law 110–5) is amended by 

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

13 notwithstanding the previous proviso, except for applying 

14 the 2007 Annual Adjustment Factor and making any 

15 other specified adjustments, public housing agencies that 

16 are eligible for assistance under section 901 in Public Law 

17 109–148 (119 Stat. 2781) shall receive funding for cal18 endar year 2007 based on the amount such public housing 

19 agencies were eligible to receive in calendar year 2006’’. 
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1 TITLE III 

2 OTHER MATTERS 

3 CHAPTER 1 

4 DEPARTMENT OF AGRICULTURE 

5 FARM SERVICE AGENCY

6 SALARIES AND EXPENSES

7 For an additional amount for ‘‘Salaries and Ex8 penses’’ of the Farm Service Agency, $75,000,000, to re9 main available until expended: Provided, That this amount 

10 shall only be available for the modernization and repair 

11 of the computer systems used by the Farm Service Agency 

12 (including all software, hardware, and personnel required 

13 for modernization and repair): Provided further, That of 

14 this amount $27,000,000 shall be made available 60 days 

15 after the date on which the Farm Service Agency submits 

16 to the Committee on Appropriations of the Senate, the 

17 Committee on Appropriations of the House of Representa18 tives, and the Government Accountability Office a spend19 ing plan for the funds. 

20 GENERAL PROVISIONS—THIS CHAPTER 

21 (RESCISSION)

22 SEC. 3101. Of the unobligated balances of funds 

23 made available pursuant to section 298(a) of the Trade 

24 Act of 1974 (19 U.S.C. 2401G(a)), $75,000,000 are re25 scinded. 
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1 SEC. 3102. (a) Section 1237A(f) of the Food Security 

2 Act of 1985 (16 U.S.C. 3837a(f)) is amended in the first 

3 sentence by striking ‘‘fair market value of the land less 

4 the fair market value of such land encumbered by the 

5 easement’’ and inserting ‘‘fair market value of the land 

6 as determined in accordance with the method of valuation 

7 used by the Secretary as of January 1, 2003’’. 

8 (b) Section 1238I(c)(1) of the Food Security Act of 

9 1985 (16 U.S.C. 3838i(c)(1)) is amended by inserting at 

10 the end the following: 

11 ‘‘(C) VALUATION.—The Secretary shall de12 termine fair market value under this paragraph 

13 in accordance with the method of valuation 

14 used by the Secretary as of January 1, 2003.’’. 

15 SEC. 3103. Subsection (b)(1) of section 313A of the 

16 Rural Electrification Act shall not apply in the case of 

17 a cooperative lender that has previously received a guar18 antee under section 313A and such additional guarantees 

19 shall not exceed the amount provided for in Public Law 

20 110–5. 

21 CHAPTER 2 

22 GENERAL PROVISIONS—THIS CHAPTER 

23 SEC. 3201. Section 20314 of the Continuing Appro24 priations Resolution, 2007 (division B of Public Law 109– 

25 289, as amended by Public Law 110–5) is amended by 
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1 striking ‘‘Resources.’’ and inserting in lieu thereof: ‘‘Re2 sources: Provided, That $22,762,000 of the amount pro3 vided be for geothermal research and development activi4 ties.’’. 

5 SEC. 3202. Hereafter, federal employees at the Na6 tional Energy Technology Laboratory shall be classified 

7 as inherently governmental for the purpose of the Federal 

8 Activities Inventory Reform Act of 1998 (31 U.S.C. 501 

9 note). 

10 SEC. 3203. PROHIBITION ON CERTAIN USES OF

11 FUNDS BY BPA. None of the funds made available under 

12 this or any other Act shall be used during fiscal year 2007 

13 to make, or plan or prepare to make, any payment on 

14 bonds issued by the Administrator of the Bonneville Power 

15 Administration (referred in this section as the ‘‘Adminis16 trator’’) or for an appropriated Federal Columbia River 

17 Power System investment, if the payment is both— 

18 (1) greater, during any fiscal year, than the 

19 payments calculated in the rate hearing of the Ad20 ministrator to be made during that fiscal year using 

21 the repayment method used to establish the rates of 

22 the Administrator as in effect on October 1, 2006; 

23 and 
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1 (2) based or conditioned on the actual or ex2 pected net secondary power sales receipts of the Ad3 ministrator. 

4 CHAPTER 3 

5 GENERAL PROVISIONS—THIS CHAPTER 

6 SEC. 3301. The structure of any of the offices or 

7 components within the Office of National Drug Control 

8 Policy shall remain as they were on October 1, 2006. None 

9 of the funds appropriated or otherwise made available in 

10 the Continuing Appropriations Resolution, 2007 (Public 

11 Law 110–5) may be used to implement a reorganization 

12 of offices within the Office of National Drug Control Pol13 icy without the explicit approval of the Committees on Ap14 propriations of the House of Representatives and the Sen15 ate. 

16 SEC. 3302. Funds made available in section 21075 

17 of the Continuing Appropriations Resolution, 2007 (Public 

18 Law 110–5) shall be made available to a 501(c)(3) entity: 

19 (1) with a wide anti-drug coalition network and member20 ship base, and one with a demonstrated track record and 

21 specific expertise in providing technical assistance, train22 ing, evaluation, research, and capacity building to commu23 nity anti-drug coalitions; (2) with authorization from Con24 gress, both prior to fiscal year 2007, and in fiscal years 

25 2008 through 2012, to perform the duties described in 
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1 subsection (1) of this section; and (3) that has previously 

2 received funding from Congress, including through a com3 petitive process as well as direct funding, for providing the 

4 duties described in subsection (1) of this section: Provided, 

5 That funds appropriated in section 21075 shall be obli6 gated within sixty days after enactment of this Act. 

7 SEC. 3303. Funds made available under section 613 

8 of Public Law 109–108 (119 Stat. 2338) for Nevada’s 

9 Commission on Economic Development shall be made 

10 available to the Nevada Center for Entrepreneurship and 

11 Technology (CET). 

12 SEC. 3304. From the amount provided by section 

13 21067 of the Continuing Appropriations Resolution, 2007 

14 (Public Law 110–5), the National Archives and Records 

15 Administration may obligate monies necessary to carry out 

16 the activities of the Public Interest Declassification Board. 

17 SEC. 3305. None of the funds appropriated or other18 wise made available in section 21063 of the Continuing 

19 Appropriations Resolution, 2007 (Public Law 110–5) for 

20 the ‘‘General Services Administration, Real Property Ac21 tivities, Federal Buildings Fund’’, may be obligated for 

22 design, construction, or acquisition until the House and 

23 Senate Committees on Appropriations approve a revised 

24 detailed plan, by project, on the use of such funds: Pro25 vided, That the new plan shall include funding for comple-
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1 tion of courthouse construction projects which received 

2 funding in fiscal year 2006 above a level of $5,000,000: 

3 Provided further, That such plan shall be provided by the 

4 Administrator of the General Services Administration to 

5 the House of Representatives and the Senate Committees 

6 on Appropriations within seven days of enactment. 

7 SEC. 3306. Notwithstanding the notice requirement 

8 of the Transportation, Treasury, Housing and Urban De9 velopment, the Judiciary, the District of Columbia, and 

10 Independent Agencies Appropriations Act, 2006, 119 

11 Stat. 2509 (Public Law 109–115), as continued in section 

12 104 of the Continuing Appropriations Resolution, 2007 

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

14 reallocate not more than $1,000,000 of the funds provided 

15 for fiscal year 2007 under the Federal Payment to the 

16 District of Columbia Courts for facilities among the items 

17 and entities funded under that heading for operations. 

18 SEC. 3307. (a) Not later than 90 days after the date 

19 of enactment of this Act, the Secretary of the Treasury, 

20 in coordination with the Securities and Exchange Commis21 sion and in consultation with the Departments of State 

22 and Energy, shall prepare and submit to the Senate Com23 mittee on Appropriations, the House of Representatives 

24 Committee on Appropriations, the Senate Foreign Rela25 tions Committee, and the House Foreign Affairs Com-
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1 mittee an unclassified report, suitable to be made public, 

2 that contains the names of (1) all companies trading in 

3 securities that are registered under section 12 of the Secu4 rities Exchange Act of 1934 (15 U.S.C. 781) which either 

5 directly or through a parent or subsidiary company, in6 cluding partly-owned subsidiaries, conduct business oper7 ations in Sudan relating to natural resource extraction, 

8 including oil-related activities and mining of minerals; and 

9 (2) the names of all other companies, which either directly 

10 or through a parent or subsidiary company, including 

11 partly-owned subsidiaries, conduct business operations in 

12 Sudan relating to natural resource extraction, including 

13 oil-related activities and mining of minerals. The reporting 

14 provision shall not apply to companies operating under li15 censes from the Office of Foreign Assets Control or other16 wise expressly exempted under United States law from 

17 having to obtain such licenses in order to operate in 

18 Sudan. 

19 (b) Not later than 20 days after enactment, the Sec20 retary of the Treasury shall inform the aforementioned 

21 committees of Congress of any statutory or other legal im22 pediments to the successful completion of this report. 

23 (c) Not later than 45 days following the submission 

24 to Congress of the list of companies conducting business 

25 operations in Sudan relating to natural resource extrac-
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1 tion required above, the General Services Administration 

2 shall determine whether the United States Government 

3 has an active contract for the procurement of goods or 

4 services with any of the identified companies, and provide 

5 notification to the appropriate committees of Congress of 

6 the companies, nature of the contract, and dollar amounts 

7 involved. 

8 (INCLUDING RESCISSION)

9 SEC. 3308. (a) Of the funds provided for the General 

10 Services Administration, ‘‘Office of Inspector General’’ in 

11 section 21061 of the Continuing Appropriations Resolu12 tion, 2007 (division B of Public Law 109–289, as amend13 ed by Public Law 110–5), $8,000,000 are rescinded. 

14 (b) For an additional amount for the General Serv15 ices Administration, ‘‘Office of Inspector General’’, 

16 $8,000,000, to remain available until September 30, 2008. 

17 SEC. 3309. Section 21073 of the Continuing Appro18 priations Resolution, 2007 (Public Law 110–5) is amend19 ed by adding a new subsection (j) as follows: 

20 ‘‘(j) Notwithstanding section 101, any appropriation 

21 or funds made available to the District of Columbia pursu22 ant to this division for ‘Federal Payment for Foster Care 

23 Improvement in the District of Columbia’ shall be avail24 able in accordance with an expenditure plan submitted by 

25 the Mayor of the District of Columbia not later than 60 
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1 days after the enactment of this section which details the 

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

3 CHAPTER 4 

4 GENERAL PROVISIONS—THIS CHAPTER 

5 SEC. 3401. Any unobligated balances remaining from 

6 prior appropriations for United States Coast Guard, ‘‘Re7 tired Pay’’ shall remain available until expended in the 

8 account and for the purposes for which the appropriations 

9 were provided, including the payment of obligations other10 wise chargeable to lapsed or current appropriations for 

11 this purpose. 

12 SEC. 3402. INTEGRATED DEEPWATER SYSTEM. (a) 

13 COMPETITION FOR ACQUISITION AND MODIFICATION OF

14 ASSETS.— 

15 (1) IN GENERAL.—The Commandant of the 

16 Coast Guard shall utilize full and open competition 

17 for any contract entered into after the date of enact18 ment of this Act that provides for the acquisition or 

19 modification of assets under, or in support of, the 

20 Integrated Deepwater System Program of the Coast 

21 Guard. 

22 (2) EXCEPTIONS.—Paragraph (1) shall not 

23 apply to the following: 

24 (A) The acquisition or modification of the 

25 following asset classes for which assets of the 
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1 class and related systems and components 

2 under the Integrated Deepwater System are 

3 under a contract for production: 

4 (i) National Security Cutter; 

5 (ii) Maritime Patrol Aircraft; 

6 (iii) Deepwater Command, Control, 

7 Communications, Computer, Intelligence, 

8 Surveillance, and Reconnaissance (C4ISR) 

9 System; and 

10 (iv) HC–130J Fleet Introduction. 

11 (B) The modification of any legacy asset 

12 class under the Integrated Deepwater System 

13 Program being performed by a Coast Guard en14 tity. 

15 (b) CHAIR OF PRODUCT AND OVERSIGHT TEAMS.— 

16 The Commandant of the Coast Guard shall assign an ap17 propriate officer or employee of the Coast Guard to act 

18 as chair of each of the following: 

19 (1) Each integrated product team under the In20 tegrated Deepwater System Program. 

21 (2) Each higher-level team assigned to the over22 sight of a product team referred to in paragraph (1). 

23 (c) LIFE-CYCLE COST ESTIMATE.—The Com24 mandant of the Coast Guard may not enter into a contract 

25 for lead asset production under the Integrated Deepwater 
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1 System Program until the Commandant obtains an inde2 pendent estimate of life-cycle costs of the asset concerned. 

3 (d) REVIEW OF ACQUISITIONS AND MAJOR DESIGN

4 CHANGES.— 

5 (1) IN GENERAL.—With the exception of assets 

6 covered under (a)(2) of this section, the Com7 mandant of the Coast Guard may not carry out an 

8 action described in paragraph (2) unless an inde9 pendent third party with no financial interest in the 

10 development, construction, or modification of any 

11 component of the Integrated Deepwater System Pro12 gram, selected by the Commandant for purposes of 

13 the subsection, determines that such action is advis14 able. 

15 (2) COVERED ACTIONS.—The actions described 

16 in the paragraph are as follows: 

17 (A) The acquisition or modification of an 

18 asset under the Integrated Deepwater System 

19 Program. 

20 (B) The implementation of a major design 

21 change for an asset under the Integrated Deep22 water System Program. 

23 (e) LINKING OF AWARD FEES TO SUCCESSFUL AC24 QUISITION OUTCOMES.—The Commandant of the Coast 

25 Guard shall require that all contracts under the Integrated 
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1 Deepwater System Program that provide award fees link 

2 such fees to successful acquisition outcomes (which shall 

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

4 (f) CONTRACTUAL AGREEMENTS.— 

5 (1) IN GENERAL.—The Commandant of the 

6 Coast Guard may not award or issue any contract, 

7 task or delivery order, letter contract modification 

8 thereof, or other similar contract, for the acquisition 

9 or modification of an asset under the Integrated 

10 Deepwater System Program unless the Coast Guard 

11 and the contractor concerned have formally agreed 

12 to all terms and conditions. 

13 (2) EXCEPTION.—A contract, task or delivery 

14 order, letter contract, modification thereof, or other 

15 similar contract described in paragraph (1) may be 

16 awarded or issued if the head of contracting activity 

17 of the Coast Guard determines that a compelling 

18 need exists for the award or issue of such instru19 ment. 

20 (g) DESIGNATION OF TECHNICAL AUTHORITY.—The 

21 Commandant of the Coast Guard shall designate the As22 sistant Commandant of the Coast Guard for Engineering 

23 and Logistics as the technical authority for all engineer24 ing, design, and logistics decisions pertaining to the Inte25 grated Deepwater System Program. 
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1 (h) REPORT ON PERSONNEL REQUIRED FOR ACQUI2 SITION MANAGEMENT.—Not later than 30 days after the 

3 date of the enactment of this Act, the Commandant of 

4 the Coast Guard shall submit to the Committees on Ap5 propriations of the Senate and the House of Representa6 tives; the Committee on Commerce, Science and Transpor7 tation of the Senate; and the Committee on Transpor8 tation and Infrastructure of the House of Representatives 

9 a report on the resources (including training, staff, and 

10 expertise) required by the Coast Guard to provide appro11 priate management and oversight of the Integrated Deep12 water System Program. 

13 (i) COMPTROLLER GENERAL REPORT ON

14 PROGRESS.—Not later than 60 days after the date of en15 actment of this Act, the Comptroller General of the United 

16 States shall submit to the Committees on Appropriations 

17 of the Senate and the House of Representatives; the Com18 mittee on Commerce, Science and Transportation of the 

19 Senate; and the Committee on Transportation and Infra20 structure of the House of Representatives a report de21 scribing and assessing the progress of the Coast Guard 

22 in complying with the requirements of this section. 

23 SEC. 3403. None of the funds provided in this Act 

24 or any other Act may be used to alter or reduce operations 

25 within the Civil Engineering Program of the Coast Guard 
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1 nationwide, including the civil engineering units, facilities, 

2 design and construction centers, maintenance and logistics 

3 command centers, the Coast Guard Academy and the 

4 Coast Guard Research and Development Center, except as 

5 specifically authorized by a statute enacted after the date 

6 of enactment of this Act. 

7 CHAPTER 5 

8 GENERAL PROVISIONS—THIS CHAPTER 

9 SEC. 3501. Section 20515 of the Continuing Appro10 priations Resolution, 2007 (division B of Public Law 109– 

11 289, as amended by Public Law 110–5) is amended by 

12 inserting before the period: ‘‘; and of which, not to exceed 

13 $143,628,000 shall be available for contract support costs 

14 under the terms and conditions contained in Public Law 

15 109-54’’. 

16 SEC. 3502. Section 20512 of the Continuing Appro17 priations Resolution, 2007 (division B of Public Law 109– 

18 289, as amended by Public Law 110–5) is amended by 

19 inserting after the first dollar amount: ‘‘, of which not to 

20 exceed $7,300,000 shall be transferred to the ‘Indian 

21 Health Facilities’ account; the amount in the second pro22 viso shall be $18,000,000; the amount in the third proviso 

23 shall be $525,099,000; the amount in the ninth proviso 

24 shall be $269,730,000; and the $15,000,000 allocation of 

25 funding under the eleventh proviso shall not be required’’. 
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1 SEC. 3503. 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: ‘‘of which $13,000,000 shall 

5 be for Save America’s Treasures’’. 

6 SEC. 3504. Of the funds made available to the United 

7 States Fish and Wildlife Service for fiscal year 2007 under 

8 the heading ‘‘Land Acquisition’’, not to exceed $1,980,000 

9 may be used for land conservation partnerships authorized 

10 by the Highlands Conservation Act of 2004. 

11 SEC. 3505. The Administrator of the Environmental 

12 Protection Agency shall grant to the Water Environment 

13 Research Foundation (WERF) such sums as were di14 rected in fiscal year 2005 and fiscal year 2006 for the 

15 On-Farm Assessment and Environmental Review pro16 gram: Provided, That not less than 95 percent of funds 

17 made available shall be used by WERF to award competi18 tively a contract to perform the program’s environmental 

19 assessments: Provided further, That WERF shall not re20 tain more than 5 percent of such sums for administrative 

21 expenses. 
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1 CHAPTER 6 

2 DEPARTMENT OF HEALTH AND HUMAN 

3 SERVICES 

4 NATIONAL INSTITUTES OF HEALTH

5 NATIONAL INSTITUTE OF ALLERGY AND INFECTIOUS

6 DISEASES

7 (TRANSFER OF FUNDS)

8 Of the amount provided by the Continuing Appro9 priations Resolution, 2007 for ‘‘National Institute of Al10 lergy and Infectious Diseases’’, $49,500,000 shall be 

11 transferred to ‘‘Public Health and Social Services Emer12 gency Fund’’ to carry out activities relating to advanced 

13 research and development as provided by section 319L of 

14 the Public Health Service Act. 

15 GENERAL PROVISIONS—THIS CHAPTER 

16 (TRANSFER OF FUNDS)

17 SEC. 3601. Section 20602 of the Continuing Appro18 priations Resolution, 2007 (division B of Public Law 109– 

19 289, as amended by Public Law 110–5) is amended by 

20 inserting the following after ‘‘$5,000,000’’: ‘‘(together 

21 with an additional $7,000,000 which shall be transferred 

22 by the Pension Benefit Guaranty Corporation as an au23 thorized administrative cost)’’. 

24 SEC. 3602. Section 20625(b)(1) of the Continuing 

25 Appropriations Resolution, 2007 (division B of Public 
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1 Law 109–289, as amended by Public Law 110–5) is 

2 amended by— 

3 (1) striking ‘‘$7,172,994,000’’ and inserting 

4 ‘‘$7,176,431,000’’; 

5 (2) amending subparagraph (A) to read as fol6 lows: 

7 ‘‘(A) $5,454,824,000 shall be for basic 

8 grants under section 1124 of the Elementary 

9 and Secondary Education Act of 1965 (ESEA), 

10 of which up to $3,437,000 shall be available to 

11 the Secretary of Education on October 1, 2006, 

12 to obtain annually updated educational-agency13 level census poverty data from the Bureau of 

14 the Census;’’; and 

15 (3) amending subparagraph (C) to read as fol16 lows: 

17 ‘‘(C) not to exceed $2,352,000 may be 

18 available for section 1608 of the ESEA and for 

19 a clearinghouse on comprehensive school reform 

20 under part D of title V of the ESEA;’’. 

21 SEC. 3603. (a) From the amounts available for De22 partment of Education, Safe Schools and Citizenship Edu23 cation as provided by the Continuing Appropriations Reso24 lution, 2007, $321,500,000 shall be available for Safe and 

25 Drug-Free Schools State Grants and $247,335,000 shall 
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1 be available for Safe and Drug-Free Schools National Pro2 grams. 

3 (b) Of the amount available for Safe and Drug-Free 

4 National Programs, not less than $25,000,000 shall be for 

5 competitive grants to local educational agencies to address 

6 youth violence and related issues. 

7 (c) The competition under subsection (b) shall be lim8 ited to local educational agencies that operate schools cur9 rently identified as persistently dangerous under section 

10 9532 of the Elementary and Secondary Education Act of 

11 1965. 

12 SEC. 3604. The provision in the first proviso under 

13 the heading ‘‘Rehabilitation Services and Disability Re14 search’’ in the Department of Education Appropriations 

15 Act, 2006, relating to alternative financing programs 

16 under section 4(b)(2)(D) of the Assistive Technology Act 

17 of 1998 shall not apply to funds appropriated by the Con18 tinuing Appropriations Resolution, 2007. 

19 (TRANSFER OF FUNDS)

20 SEC. 3605. Notwithstanding sections 20639 and 

21 20640 of the Continuing Appropriations Resolution, 2007, 

22 as amended by section 2 of the Revised Continuing Appro23 priations Resolution, 2007 (Public Law 110–5), the Chief 

24 Executive Officer of the Corporation for National and 

25 Community Service may transfer an amount of not more 

26 than $1,360,000 from the account under the heading 
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1 ‘‘National and Community Service Programs, Operating 

2 Expenses’’ under the heading ‘‘Corporation for National 

3 and Community Service’’, to the account under the head4 ing ‘‘Salaries and Expenses’’ under the heading ‘‘Corpora5 tion for National and Community Service’’. 

6 SEC. 3606. Section 1310.12(a) of title 45 of the Code 

7 of Federal Regulations (October 1, 2004) shall be effective 

8 30 days after enactment of this Act except that any vehi9 cles in use to transport Head Start children as of January 

10 1, 2007, shall not be subject to a requirement under that 

11 part regarding rear emergency exit doors for two years 

12 after the date of enactment. 

13 The Secretary of Health and Human Services shall 

14 revise the allowable alternate vehicle standards described 

15 in that part 1310 (or any corresponding similar regulation 

16 or ruling) to exempt from Federal seat spacing require17 ments and supporting seating requirements related to 

18 compartmentalization any vehicle used to transport chil19 dren for a Head Start program if the vehicle meets federal 

20 motor vehicle safety standards for seating systems, occu21 pant crash protection, seat belt assemblies, and child re22 straint anchorage systems consistent with that part 1310 

23 (or any corresponding similar regulation or ruling). Such 

24 revision shall be made in a manner consistent with the 

25 findings of the National Highway Traffic Safety Adminis-
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1 tration, pursuant to its study on occupant protection on 

2 Head Start transit vehicles, related to the Government Ac3 countability Office report GAO–06–767R. 

4 (INCLUDING RESCISSION)

5 SEC. 3607. (a) From the amounts made available by 

6 the Continuing Appropriations Resolution, 2007 (Public 

7 Law 109–289, as amended by the Revised Continuing Ap8 propriations Resolution, 2007 (Public Law 110–5)) for 

9 the Office of the Secretary, General Departmental Man10 agement under the Department of Health and Human 

11 Services, $1,000,000 are rescinded. 

12 (b) For the activities carried out by the Secretary of 

13 Education under section 3(a) of Public Law 108–406 (42 

14 U.S.C. 15001 note), $1,000,000. 

15 (INCLUDING RESCISSION)

16 SEC. 3608. (a) From the amounts made available by 

17 the Continuing Appropriations Resolution, 2007 for ‘‘De18 partment of Education, Student Aid Administration’’, 

19 $2,000,000 are rescinded. 

20 (b) For an additional amount for ‘‘Department of 

21 Education, Higher Education’’ under part B of title VII 

22 of the Higher Education Act of 1965 which shall be used 

23 to make a grant to the University of Vermont for the Edu24 cational Excellence Program, $2,000,000. 

25 SEC. 3609. Section 1820 of the Social Security Act 

26 (42 U.S.C. 1395i–4) is amended— 
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1 (1) by redesignating subsection (j) as sub2 section (k); and 

3 (2) by inserting after subsection (i) the fol4 lowing new subsection: 

5 ‘‘(j) DELTA HEALTH INITIATIVE.— 

6 ‘‘(1) IN GENERAL.—The Secretary is authorized 

7 to award a grant to the Delta Health Alliance, a 

8 nonprofit alliance of academic institutions in the 

9 Mississippi Delta region, to solicit and fund pro10 posals from local governments, hospitals, health care 

11 clinics, academic institutions, and rural public 

12 health-related entities and organizations for research 

13 development, educational programs, health care serv14 ices, job training, planning, construction, and the 

15 equipment of public health-related facilities in the 

16 Mississippi Delta region. 

17 ‘‘(2) FEDERAL INTEREST IN PROPERTY.—With 

18 respect to funds used under this subsection for con19 struction or alteration of property, the Federal inter20 est in the property shall last for a period of 1 year 

21 following completion or until the Federal Govern22 ment is compensated for its proportionate interest in 

23 the property if the property use changes or the prop24 erty is transferred or sold, whichever time period is 
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1 less. At the conclusion of such period, the Notice of 

2 Federal Interest in such property shall be removed. 

3 ‘‘(3) AUTHORIZATION OF APPROPRIATIONS.— 

4 There are authorized to be appropriated such sums 

5 as may be necessary to carry out this subsection in 

6 fiscal year 2007 and in each of the five succeeding 

7 fiscal years.’’. 

8 CHAPTER 7 

9 GENERAL PROVISIONS—THIS CHAPTER 

10 SEC. 3701. Section 2(c) of the Legislative Branch 

11 Appropriations Act, 1993 (2 U.S.C. 121d(c)) is amended 

12 by adding at the end the following: 

13 ‘‘(3) The Secretary of the Senate may transfer 

14 from the fund to the Senate Employee Child Care 

15 Center proceeds from the sale of holiday ornaments 

16 by the Senate Gift Shop for the purpose of funding 

17 necessary activities and expenses of the Center, in18 cluding scholarships, educational supplies, and 

19 equipment.’’. 

20 (INCLUDING RESCISSION)

21 SEC. 3702. (a) Of the funds provided for the ‘‘Capitol 

22 Guide Service and Special Services Office’’ in section 

23 20703(a) of the Continuing Appropriations Resolution, 

24 2007 (as added by section 2 of the Revised Continuing 

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

26 $3,500,000 are rescinded. 
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1 (b) For an additional amount for ‘‘Capitol Guide 

2 Service and Special Services Office’’, $3,500,000, to re3 main available until September 30, 2008. 

4 CHAPTER 8 

5 GENERAL PROVISION—THIS CHAPTER 

6 SEC. 3801. Notwithstanding any other provision of 

7 law, appropriations made by Public Law 110–5, or any 

8 other Act, which the Secretary of Veterans Affairs contrib9 utes to the Department of Defense/Department of Vet10 erans Affairs Health Care Sharing Incentive Fund under 

11 the authority of section 8111(d) of title 38, United States 

12 Code, shall remain available until expended for any pur13 pose authorized by section 8111 of title 38, United States 

14 Code. 

15 CHAPTER 9 

16 GENERAL PROVISIONS—THIS CHAPTER 

17 CONSULTATION REQUIREMENT

18 SEC. 3901. Of the funds provided in the Revised Con19 tinuing Appropriations Resolution, 2007 (Public Law 

20 110–5) for the United States-China Economic and Secu21 rity Review Commission, $1,000,000 shall be available for 

22 obligation only in accordance with a spending plan sub23 mitted to and approved by the Committees on Appropria24 tions which addresses the recommendations of the Govern25 ment Accountability Office’s audit of the Commission. 
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1 TECHNICAL AMENDMENT

2 SEC. 3902. (a) Notwithstanding any other provision 

3 of law, subsection (c) under the heading ‘‘Assistance for 

4 the Independent States of the Former Soviet Union’’ in 

5 Public Law 109–102, shall not apply to funds appro6 priated by the Continuing Appropriations Resolution, 

7 2007 (Public Law 109–289, division B) as amended by 

8 Public Laws 109–369, 109–383, and 110–5. 

9 (b) Section 534(k) of the Foreign Operations, Export 

10 Financing, and Related Programs Appropriations Act, 

11 2006 (Public Law 109–102) is amended, in the second 

12 proviso, by inserting after ‘‘subsection (b) of that section’’ 

13 the following: ‘‘and the requirement that a majority of the 

14 members of the board of directors be United States citi15 zens provided in subsection (d)(3)(B) of that section’’. 

16 (c) Subject to section 101(c)(2) of the Continuing 

17 Appropriations Resolution, 2007 (division B of Public 

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

19 amount of funds appropriated for ‘‘Foreign Military Fi20 nancing Program’’ pursuant to such Resolution shall be 

21 construed to be the total of the amount appropriated for 

22 such program by section 20401 of that Resolution and the 

23 amount made available for such program by section 591 

24 of the Foreign Operations, Export Financing, and Related 

25 Programs Appropriations Act, 2006 (Public Law 109– 
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1 102) which is made applicable to the fiscal year 2007 by 

2 the provisions of such Resolution. 

3 CHAPTER 10 

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, $4,800,000, 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. 4001. 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. 4002. Section 21033 of the Continuing Appro15 priations Resolution, 2007 (division B of Public Law 109– 

16 289, as amended by Public Law 110–5) is amended by 

17 adding after the second proviso: ‘‘: Provided further, That 

18 paragraph (2) under such heading in Public Law 109– 

19 115 (119 Stat. 2441) shall be funded at $149,300,000, 

20 but additional section 8 tenant protection rental assistance 

21 costs may be funded in 2007 by using unobligated bal22 ances, notwithstanding the purposes for which such 

23 amounts were appropriated, including recaptures and car24 ryover, remaining from funds appropriated to the Depart25 ment of Housing and Urban Development under this 
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1 heading, the heading ‘‘Annual Contributions for Assisted 

2 Housing’’, the heading ‘‘Housing Certificate Fund’’, and 

3 the heading ‘‘Project-Based Rental Assistance’’ for fiscal 

4 year 2006 and prior fiscal years: Provided further, That 

5 paragraph (3) under such heading in Public Law 109– 

6 115 (119 Stat. 2441) shall be funded at $47,500,000: 

7 Provided further, That paragraph (4) under such heading 

8 in Public Law 109–115 (119 Stat. 2441) shall be funded 

9 at $5,900,000: Provided further, That paragraph (5) 

10 under such heading in Public Law 109–115 (119 Stat. 

11 2441) shall be funded at $1,281,100,000, of which 

12 $1,251,100,000 shall be allocated for the calendar year 

13 2007 funding cycle on a pro rata basis to public housing 

14 agencies based on the amount public housing agencies 

15 were eligible to receive in calendar year 2006, and of which 

16 up to $30,000,000 shall be available to the Secretary to 

17 allocate to public housing agencies that need additional 

18 funds to administer their section 8 programs, with up to 

19 $20,000,000 to be for fees associated with section 8 tenant 

20 protection rental assistance’’. 

21 SEC. 4003. The dates for subsidy reductions and 

22 demonstrations for discontinuance of reductions in oper23 ating subsidy under the new operating fund formula, pur24 suant to HUD regulations at 24 CFR 990.230, shall be 

25 moved forward so that the first demonstration date for 
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1 asset management compliance shall be September 1, 2007, 

2 and reductions in subsidy for calendar year 2007 shall be 

3 limited to the 5 percent amount referred to in such regula4 tions. Any public housing agency that has filed informa5 tion to demonstrate compliance on or prior to April 15, 

6 2007 shall be permitted to re-file the same or different 

7 information to demonstrate such compliance on or before 

8 September 1, 2007. 

9 CHAPTER 11 

10 GENERAL PROVISIONS—THIS ACT 

11 AVAILABILITY OF FUNDS

12 SEC. 4101. No part of any appropriation contained 

13 in this Act shall remain available for obligation beyond 

14 the current fiscal year unless expressly so provided herein. 

15 EMERGENCY DESIGNATION FOR TITLE I

16 SEC. 4102. Amounts provided in title I of this Act 

17 are designated as emergency requirements pursuant to 

18 section 402 of H. Con. Res. 95 (109th Congress), the con19 current resolution on the budget for fiscal year 2006. 

20 EMERGENCY DESIGNATION FOR TITLE II

21 SEC. 4103. Amounts provided in title II of this Act 

22 are designated as emergency requirements pursuant to 

23 section 402 of H. Con. Res. 95 (109th Congress), the con24 current resolution on the budget for fiscal year 2006. 
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1 TITLE IV—EMERGENCY FARM 

2 RELIEF 

3 SEC. 401. SHORT TITLE. 

4 This title may be cited as the ‘‘Emergency Farm Re5 lief Act of 2007’’. 

6 SEC. 402. DEFINITIONS. 

7 In this title: 

8 (1) ADDITIONAL COVERAGE.—The term ‘‘addi9 tional coverage’’ has the meaning given the term in 

10 section 502(b)(1) of the Federal Crop Insurance Act 

11 (7 U.S.C. 1502(b)(1)). 

12 (2) APPLICABLE CROP.—The term ‘‘applicable 

13 crop’’ means 1 or more crops planted, or prevented 

14 from being planted, during, as elected by the pro15 ducers on a farm, 1 of— 

16 (A) the 2005 crop year; 

17 (B) the 2006 crop year; or 

18 (C) that part of the 2007 crop year that 

19 takes place before the end of the applicable pe20 riod. 

21 (3) APPLICABLE PERIOD.—The term ‘‘applica22 ble period’’ means the period beginning on January 

23 1, 2005 and ending on February 28, 2007. 

24 (4) DISASTER COUNTY.—The term ‘‘disaster 

25 county’’ means— 
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1 (A) a county included in the geographic 

2 area covered by a natural disaster declaration; 

3 and 

4 (B) each county contiguous to a county de5 scribed in subparagraph (A). 

6 (5) HURRICANE-AFFECTED COUNTY.—The term 

7 ‘‘hurricane-affected county’’ means— 

8 (A) a county included in the geographic 

9 area covered by a natural disaster declaration 

10 related to Hurricane Katrina, Hurricane Rita, 

11 Hurricane Wilma, or a related condition; and 

12 (B) each county contiguous to a county de13 scribed in subparagraph (A). 

14 (6) INSURABLE COMMODITY.—The term ‘‘insur15 able commodity’’ means an agricultural commodity 

16 (excluding livestock) for which the producers on a 

17 farm are eligible to obtain a policy or plan of insur18 ance under the Federal Crop Insurance Act (7 

19 U.S.C. 1501 et seq.). 

20 (7) LIVESTOCK.—The term ‘‘livestock’’ in21 cludes— 

22 (A) cattle (including dairy cattle); 

23 (B) bison; 

24 (C) poultry; 

25 (D) sheep; 
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1 (E) swine; and 

2 (F) other livestock, as determined by the 

3 Secretary. 

4 (8) NATURAL DISASTER DECLARATION.—The 

5 term ‘‘natural disaster declaration’’ means a natural 

6 disaster declared by the Secretary during the appli7 cable period under section 321(a) of the Consoli8 dated Farm and Rural Development Act (7 U.S.C. 

9 1961(a)). 

10 (9) NONINSURABLE COMMODITY.—The term 

11 ‘‘noninsurable commodity’’ means a crop for which 

12 the producers on a farm are eligible to obtain assist13 ance under section 196 of the Federal Agriculture 

14 Improvement and Reform Act of 1996 (7 U.S.C. 

15 7333). 

16 (10) SECRETARY.—The term ‘‘Secretary’’ 

17 means the Secretary of Agriculture. 

18 Subtitle A—Agricultural 

19 Production Losses 

20 SEC. 411. CROP DISASTER ASSISTANCE. 

21 (a) IN GENERAL.—The Secretary shall use such 

22 sums as are necessary of funds of the Commodity Credit 

23 Corporation to make emergency financial assistance au24 thorized under this section available to producers on a 
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1 farm that have incurred qualifying losses described in sub2 section (c). 

3 (b) ADMINISTRATION.— 

4 (1) IN GENERAL.—Except as provided in para5 graph (2), the Secretary shall make assistance avail6 able under this section in the same manner as pro7 vided under section 815 of the Agriculture, Rural 

8 Development, Food and Drug Administration and 

9 Related Agencies Appropriations Act, 2001 (Public 

10 Law 106–387; 114 Stat. 1549A–55), including 

11 using the same loss thresholds for quantity and eco12 nomic losses as were used in administering that sec13 tion, except that the payment rate shall be 55 per14 cent of the established price, instead of 65 percent. 

15 (2) NONINSURED PRODUCERS.—For producers 

16 on a farm that were eligible to acquire crop insur17 ance for the applicable production loss and failed to 

18 do so or failed to submit an application for the non19 insured assistance program for the loss, the Sec20 retary shall make assistance in accordance with 

21 paragraph (1), except that the payment rate shall be 

22 20 percent of the established price, instead of 50 

23 percent. 

24 (c) QUALIFYING LOSSES.—Assistance under this sec25 tion shall be made available to producers on farms, other 
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1 than producers of sugar beets, that incurred qualifying 

2 quantity or quality losses for the applicable crop due to 

3 damaging weather or any related condition (including 

4 losses due to crop diseases, insects, and delayed harvest), 

5 as determined by the Secretary. 

6 (d) QUALITY LOSSES.— 

7 (1) IN GENERAL.—In addition to any payment 

8 received under subsection (b), the Secretary shall 

9 use such sums as are necessary of funds of the Com10 modity Credit Corporation to make payments to pro11 ducers on a farm described in subsection (a) that in12 curred a quality loss for the applicable crop of a 

13 commodity in an amount equal to the product ob14 tained by multiplying— 

15 (A) the payment quantity determined 

16 under paragraph (2); 

17 (B)(i) in the case of an insurable com18 modity, the coverage level elected by the insured 

19 under the policy or plan of insurance under the 

20 Federal Crop Insurance Act (7 U.S.C. 1501 et 

21 seq.); or 

22 (ii) in the case of a noninsurable com23 modity, the applicable coverage level for the 

24 payment quantity determined under paragraph 

25 (2); by 
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1 (C) 55 percent of the payment rate deter2 mined under paragraph (3). 

3 (2) PAYMENT QUANTITY.—For the purpose of 

4 paragraph (1)(A), the payment quantity for quality 

5 losses for a crop of a commodity on a farm shall 

6 equal the lesser of— 

7 (A) the actual production of the crop af8 fected by a quality loss of the commodity on the 

9 farm; or 

10 (B)(i) in the case of an insurable com11 modity, the actual production history for the 

12 commodity by the producers on the farm under 

13 the Federal Crop Insurance Act (7 U.S.C. 1501 

14 et seq.); or 

15 (ii) in the case of a noninsurable com16 modity, the established yield for the crop for 

17 the producers on the farm under section 196 of 

18 the Federal Agriculture Improvement and Re19 form Act of 1996 (7 U.S.C. 7333). 

20 (3) PAYMENT RATE.— 

21 (A) IN GENERAL.—For the purpose of 

22 paragraph (1)(B), the payment rate for quality 

23 losses for a crop of a commodity on a farm 

24 shall be equal to the difference between (as de-
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1 termined by the applicable State committee of 

2 the Farm Service Agency)— 

3 (i) the per unit market value that the 

4 units of the crop affected by the quality 

5 loss would have had if the crop had not 

6 suffered a quality loss; and 

7 (ii) the per unit market value of the 

8 units of the crop affected by the quality 

9 loss. 

10 (B) FACTORS.—In determining the pay11 ment rate for quality losses for a crop of a com12 modity on a farm, the applicable State com13 mittee of the Farm Service Agency shall take 

14 into account— 

15 (i) the average local market quality 

16 discounts that purchasers applied to the 

17 commodity during the first 2 months fol18 lowing the normal harvest period for the 

19 commodity; 

20 (ii) the loan rate and repayment rate 

21 established for the commodity under the 

22 marketing loan program established for the 

23 commodity under subtitle B of title I of 

24 the Farm Security and Rural Investment 

25 Act of 2002 (7 U.S.C. 7931 et seq.); 
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1 (iii) the market value of the com2 modity if sold into a secondary market; 

3 and 

4 (iv) other factors determined appro5 priate by the committee. 

6 (4) ELIGIBILITY.— 

7 (A) IN GENERAL.—For producers on a 

8 farm to be eligible to obtain a payment for a 

9 quality loss for a crop under this subsection— 

10 (i) the amount obtained by multi11 plying the per unit loss determined under 

12 paragraph (1) by the number of units af13 fected by the quality loss shall be reduced 

14 by the amount of any indemnification re15 ceived by the producers on the farm for 

16 quality loss adjustment for the commodity 

17 under a policy or plan of insurance under 

18 the Federal Crop Insurance Act (7 U.S.C. 

19 1501 et seq.); and 

20 (ii) the remainder shall be at least 25 

21 percent of the value that all affected pro22 duction of the crop would have had if the 

23 crop had not suffered a quality loss. 

24 (B) INELIGIBILITY.—If the amount of a 

25 quality loss payment for a commodity for the 
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1 producers on a farm determined under this 

2 paragraph is equal to or less than zero, the pro3 ducers on the farm shall be ineligible for assist4 ance for the commodity under this subsection. 

5 (5) ELIGIBLE PRODUCTION.—The Secretary 

6 shall carry out this subsection in a fair and equitable 

7 manner for all eligible production, including the pro8 duction of fruits and vegetables, other specialty 

9 crops, and field crops. 

10 (e) ELECTION OF CROP YEAR.—If a producer in11 curred qualifying crop losses in more than 1 of the crop 

12 years during the applicable period, the producers on a 

13 farm shall elect to receive assistance under this section 

14 for losses incurred in only 1 of the crop years. 

15 (f) PAYMENT LIMITATION.— 

16 (1) LIMITATION.—Assistance provided under 

17 this section to the producers on a farm for losses to 

18 a crop, together with the amounts specified in para19 graph (2) applicable to the same crop, may not ex20 ceed 95 percent of what the value of the crop would 

21 have been in the absence of the losses, as estimated 

22 by the Secretary. 

23 (2) OTHER PAYMENTS.—In applying the limita24 tion in paragraph (1), the Secretary shall include the 

25 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 producers on the farm receive for losses to 

7 the same crop. 

8 (B) The value of the crop that was not lost 

9 (if any), as estimated by the Secretary. 

10 (g) TIMING.— 

11 (1) IN GENERAL.—Subject to paragraph (2), 

12 the Secretary shall make payments to producers on 

13 a farm for a crop under this section not later than 

14 60 days after the date the producers on the farm 

15 submit to the Secretary a completed application for 

16 the payments. 

17 (2) INTEREST.—If the Secretary does not make 

18 payments to the producers on a farm by the date de19 scribed in paragraph (1), the Secretary shall pay to 

20 the producers on a farm interest on the payments at 

21 a rate equal to the current (as of the sign-up dead22 line established by the Secretary) market yield on 

23 outstanding, marketable obligations of the United 

24 States with maturities of 30 years. 
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1 SEC. 412. DAIRY ASSISTANCE. 

2 The Secretary shall use $95,000,000 of funds of the 

3 Commodity Credit Corporation to make payments to dairy 

4 producers for dairy production losses in disaster counties. 

5 SEC. 413. MILK INCOME LOSS CONTRACT PROGRAM. 

6 Section 1502(c)(3) of the Farm Security and Rural 

7 Investment Act of 2002 (7 U.S.C. 7982(c)(3)) is amend8 ed— 

9 (1) in subparagraph (A), by adding ‘‘and’’ at 

10 the end; 

11 (2) in subparagraph (B), by striking ‘‘August’’ 

12 and all that follows through the end and inserting 

13 ‘‘September 30, 2007, 34 percent.’’; and 

14 (3) by striking subparagraph (C). 

15 SEC. 414. LIVESTOCK ASSISTANCE. 

16 (a) LIVESTOCK COMPENSATION PROGRAM.— 

17 (1) USE OF COMMODITY CREDIT CORPORATION

18 FUNDS.—Effective beginning on the date of enact19 ment of this Act, the Secretary shall use funds of 

20 the Commodity Credit Corporation to carry out the 

21 2002 Livestock Compensation Program announced 

22 by the Secretary on October 10, 2002 (67 Fed. Reg. 

23 63070), to provide compensation for livestock losses 

24 during the applicable period for losses (including 

25 losses due to blizzards that began in calendar year 

26 2006 and continued in January 2007) due to a dis-
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1 aster, as determined by the Secretary, except that 

2 the payment rate shall be 80 percent of the payment 

3 rate established for the 2002 Livestock Compensa4 tion Program. 

5 (2) ELIGIBLE APPLICANTS.—In carrying out 

6 the program described in paragraph (1), the Sec7 retary shall provide assistance to any applicant for 

8 livestock losses during the applicable period that— 

9 (A)(i) conducts a livestock operation that 

10 is located in a disaster county, including any 

11 applicant conducting a livestock operation with 

12 eligible livestock (within the meaning of the 

13 livestock assistance program under section 

14 101(b) of division B of Public Law 108–324 

15 (118 Stat. 1234)); or 

16 (ii) produces an animal described in sec17 tion 10806(a)(1) of the Farm Security and 

18 Rural Investment Act of 2002 (21 U.S.C. 

19 321d(a)(1)); 

20 (B) demonstrates to the Secretary that the 

21 applicant suffered a material loss of pasture or 

22 hay production, or experienced substantially in23 creased feed costs, due to damaging weather or 

24 a related condition during the calendar year, as 

25 determined by the Secretary; and 
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1 (C) meets all other eligibility requirements 

2 established by the Secretary for the program. 

3 (3) MITIGATION.—In determining the eligibility 

4 for or amount of payments for which a producer is 

5 eligible under the livestock compensation program, 

6 the Secretary shall not penalize a producer that 

7 takes actions (recognizing disaster conditions) that 

8 reduce the average number of livestock the producer 

9 owned for grazing during the production year for 

10 which assistance is being provided. 

11 (4) PAYMENTS FOR REDUCTION IN GRAZING ON

12 FEDERAL LAND.— 

13 (A) IN GENERAL.—In carrying out this 

14 subsection, the Secretary shall make payments 

15 to livestock producers that are in proportion to 

16 any reduction during calendar year 2007 in 

17 grazing on Federal land in a disaster county 

18 leased by the producers a result of actions de19 scribed in subparagraph (B). 

20 (B) FEDERAL ACTIONS.—Actions referred 

21 to in subparagraph (A) are actions taken dur22 ing calendar year 2007 by the Bureau of Land 

23 Management or other Federal agency to restrict 

24 or prohibit grazing otherwise allowed under the 

25 terms of the lease of the producers in order to 
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1 expedite the recovery of the Federal land from 

2 drought, wildfire, or other natural disaster de3 clared by the Secretary during the applicable 

4 period. 

5 (5) LIMITATION.—The Secretary shall ensure, 

6 to the maximum extent practicable, that producers 

7 on a farm do not receive duplicative payments under 

8 this subsection and another Federal program with 

9 respect to any loss. 

10 (b) LIVESTOCK INDEMNITY PAYMENTS.— 

11 (1) IN GENERAL.—The Secretary shall use such 

12 sums as are necessary of funds of the Commodity 

13 Credit Corporation to make livestock indemnity pay14 ments to producers on farms that have incurred live15 stock losses during the applicable period (including 

16 losses due to blizzards that began in calendar year 

17 2006 and continued in January 2007) due to a dis18 aster, as determined by the Secretary, including 

19 losses due to hurricanes, floods, anthrax, wildfires, 

20 and extreme heat. 

21 (2) PAYMENT RATES.—Indemnity payments to 

22 a producer on a farm under paragraph (1) shall be 

23 made at a rate of not less than 30 percent of the 

24 market value of the applicable livestock on the day 
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1 before the date of death of the livestock, as deter2 mined by the Secretary. 

3 (c) EWE LAMB REPLACEMENT AND RETENTION.— 

4 (1) IN GENERAL.—The Secretary shall use 

5 $13,000,000 of funds of the Commodity Credit Cor6 poration to make payments to producers located in 

7 disaster counties under the Ewe Lamb Replacement 

8 and Retention Payment Program under part 784 of 

9 title 7, Code of Federal Regulations (or a successor 

10 regulation) for each qualifying ewe lamb retained or 

11 purchased during the period beginning on January 

12 1, 2006, and ending on December 31, 2006, by the 

13 producers. 

14 (2) INELIGIBILITY FOR OTHER ASSISTANCE.—A 

15 producer that receives assistance under this sub16 section shall not be eligible to receive assistance 

17 under subsection (a). 

18 (d) ELECTION OF PRODUCTION YEAR.—If a pro19 ducer incurred qualifying production losses in more than 

20 one of the production years, the producers on a farm shall 

21 elect to receive assistance under this section in only one 

22 of the production years. 

23 (e) EXCEPTION.—Notwithstanding any other provi24 sion of this section, livestock producers on a farm shall 

25 be eligible to receive assistance under subsection (a) or 
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1 livestock indemnity payments under subsection (b) if the 

2 producers on a farm— 

3 (1) have livestock operations in a county in4 cluded in the geographic area covered by a major 

5 disaster or emergency designated by the President 

6 under the Robert T. Stafford Disaster Relief and 

7 Emergency Assistance Act (42 U.S.C. 5121 et seq.) 

8 due to blizzards, ice storms, or other winter–related 

9 causes during the period of December 2006 through 

10 January 2007; and 

11 (2) meet all eligibility requirements for the as12 sistance or payments other than the requirements 

13 relating to disaster declarations by the Secretary 

14 under subsections (a) and (b)(1). 

15 SEC. 415. FLOODED CROP AND GRAZING LAND. 

16 (a) IN GENERAL.—The Secretary shall compensate 

17 eligible owners of flooded crop and grazing land in the 

18 State of North Dakota. 

19 (b) ELIGIBILITY.— 

20 (1) IN GENERAL.—To be eligible to receive 

21 compensation under this section, an owner shall own 

22 land described in subsection (a) that, during the 2 

23 crop years preceding receipt of compensation, was 

24 rendered incapable of use for the production of an 

25 agricultural commodity or for grazing purposes (in 
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1 a manner consistent with the historical use of the 

2 land) as the result of flooding, as determined by the 

3 Secretary. 

4 (2) INCLUSIONS.—Land described in paragraph 

5 (1) shall include— 

6 (A) land that has been flooded; 

7 (B) land that has been rendered inacces8 sible due to flooding; and 

9 (C) a reasonable buffer strip adjoining the 

10 flooded land, as determined by the Secretary. 

11 (3) ADMINISTRATION.—The Secretary may es12 tablish— 

13 (A) reasonable minimum acreage levels for 

14 individual parcels of land for which owners may 

15 receive compensation under this section; and 

16 (B) the location and area of adjoining 

17 flooded land for which owners may receive com18 pensation under this section. 

19 (c) SIGN-UP.—The Secretary shall establish a sign20 up program for eligible owners to apply for compensation 

21 from the Secretary under this section. 

22 (d) COMPENSATION PAYMENTS.— 

23 (1) IN GENERAL.—Subject to paragraphs (2) 

24 and (3), the rate of an annual compensation pay25 ment under this section shall be equal to 90 percent 
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1 of the average annual per acre rental payment rate 

2 (at the time of entry into the contract) for com3 parable crop or grazing land that has not been flood4 ed and remains in production in the county where 

5 the flooded land is located, as determined by the 

6 Secretary. 

7 (2) REDUCTION.—An annual compensation 

8 payment under this section shall be reduced by the 

9 amount of any conservation program rental pay10 ments or Federal agricultural commodity program 

11 payments received by the owner for the land during 

12 any crop year for which compensation is received 

13 under this section. 

14 (3) EXCLUSION.—During any year in which an 

15 owner receives compensation for flooded land under 

16 this section, the owner shall not be eligible to par17 ticipate in or receive benefits for the flooded land 

18 under— 

19 (A) the Federal crop insurance program 

20 established under the Federal Crop Insurance 

21 Act (7 U.S.C. 1501 et seq.); 

22 (B) the noninsured crop assistance pro23 gram established under section 196 of the Fed24 eral Agriculture Improvement and Reform Act 

25 of 1996 (7 U.S.C. 7333); or 
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1 (C) any Federal agricultural crop disaster 

2 assistance program. 

3 (e) RELATIONSHIP TO AGRICULTURAL COMMODITY

4 PROGRAMS.—The Secretary, by regulation, shall provide 

5 for the preservation of cropland base, allotment history, 

6 and payment yields applicable to land described in sub7 section (a) that was rendered incapable of use for the pro8 duction of an agricultural commodity or for grazing pur9 poses as the result of flooding. 

10 (f) USE OF LAND.— 

11 (1) IN GENERAL.—An owner that receives com12 pensation under this section for flooded land shall 

13 take such actions as are necessary to not degrade 

14 any wildlife habitat on the land that has naturally 

15 developed as a result of the flooding. 

16 (2) RECREATIONAL ACTIVITIES.—To encourage 

17 owners that receive compensation for flooded land to 

18 allow public access to and use of the land for rec19 reational activities, as determined by the Secretary, 

20 the Secretary may— 

21 (A) offer an eligible owner additional com22 pensation; and 

23 (B) provide compensation for additional 

24 acreage under this section. 

25 (g) FUNDING.— 
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1 (1) IN GENERAL.—The Secretary shall use 

2 $6,000,000 of funds of the Commodity Credit Cor3 poration to carry out this section. 

4 (2) PRO-RATED PAYMENTS.—In a case in which 

5 the amount made available under paragraph (1) for 

6 a fiscal year is insufficient to compensate all eligible 

7 owners under this section, the Secretary shall pro8 rate payments for that fiscal year on a per acre 

9 basis. 

10 SEC. 416. SUGAR BEET AND SUGAR CANE DISASTER ASSIST11 ANCE. 

12 (a) IN GENERAL.—The Secretary shall use 

13 $24,000,000 of funds of the Commodity Credit Corpora14 tion to provide assistance to sugar beet producers that suf15 fered production losses (including quality losses) for the 

16 applicable crop. 

17 (b) REQUIREMENT.—The Secretary shall make pay18 ments under subsection (a) in the same manner as pay19 ments were made under section 208 of the Agricultural 

20 Assistance Act of 2003 (Public Law 108–7; 117 Stat. 

21 544), including using the same indemnity benefits as were 

22 used in carrying out that section. 

23 (c) HAWAII.—The Secretary shall use $3,000,000 of 

24 funds of the Commodity Credit Corporation to assist sug25 arcane growers in Hawaii by making a payment in that 
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1 amount to an agricultural transportation cooperative in 

2 Hawaii, the members of which are eligible to obtain a loan 

3 under section 156(a) of the Federal Agriculture Improve4 ment and Reform Act of 1996 (7 U.S.C. 7272(a)). 

5 (d) ELECTION OF CROP YEAR.—If a producer in6 curred qualifying crop losses in more than one of the crop 

7 years during the applicable period, the producers on a 

8 farm shall elect to receive assistance under this section 

9 for losses incurred in only one of the crop years. 

10 SEC. 417. NONINSURED CROP ASSISTANCE PROGRAM. 

11 Section 196(c) of the Federal Agriculture Improve12 ment and Reform Act of 1996 (7 U.S.C. 7333(c)) is 

13 amended by adding at the end the following: 

14 ‘‘(5) LOSS ASSESSMENT FOR GRAZING.—The 

15 Secretary shall permit the use of 1 claims adjustor 

16 certified by the Secretary to assess the quantity of 

17 loss on the acreage or allotment of a producer de18 voted to grazing for livestock under this section.’’. 

19 SEC. 418. REDUCTION IN PAYMENTS. 

20 The amount of any payment for which a producer is 

21 eligible under this subtitle shall be reduced by any amount 

22 received by the producer for the same loss or any similar 

23 loss under— 

24 (1) the Department of Defense, Emergency 

25 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; 

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); or 

10 (4) the Livestock Assistance Grant Program 

11 announced by the Secretary on August 29, 2006. 

12 Subtitle B—Small Business 

13 Economic Loss Grant Program 

14 SEC. 421. SMALL BUSINESS ECONOMIC LOSS GRANT PRO15 GRAM. 

16 (a) DEFINITION OF QUALIFIED STATE.—In this sec17 tion, the term ‘‘qualified State’’ means a State in which 

18 at least 50 percent of the counties of the State were de19 clared to be primary agricultural disaster areas by the 

20 Secretary during the applicable period. 

21 (b) GRANTS TO QUALIFIED STATES.— 

22 (1) IN GENERAL.—The Secretary shall use 

23 $100,000,000 of funds of the Commodity Credit 

24 Corporation to make grants to State departments of 
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1 agriculture or comparable State agencies in qualified 

2 States. 

3 (2) AMOUNT.— 

4 (A) IN GENERAL.—Subject to subpara5 graph (B), the Secretary shall allocate grants 

6 among qualified States described in paragraph 

7 (1) based on the average value of agricultural 

8 sector production in the qualified State, deter9 mined as a percentage of the gross domestic 

10 product of the qualified State. 

11 (B) MINIMUM AMOUNT.—The minimum 

12 amount of a grant under this subsection shall 

13 be $500,000. 

14 (3) REQUIREMENT.—To be eligible to receive a 

15 grant under this subsection, a qualified State shall 

16 agree to carry out an expedited disaster assistance 

17 program to provide direct payments to qualified 

18 small businesses in accordance with subsection (c). 

19 (c) DIRECT PAYMENTS TO QUALIFIED SMALL BUSI20 NESSES.— 

21 (1) IN GENERAL.—In carrying out an expedited 

22 disaster assistance program described in subsection 

23 (b)(3), a qualified State shall provide direct pay24 ments to eligible small businesses in the qualified 

25 State that suffered material economic losses during 
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1 the applicable period as a direct result of weather2 related agricultural losses to the crop or livestock 

3 production sectors of the qualified State, as deter4 mined by the Secretary. 

5 (2) ELIGIBILITY.— 

6 (A) IN GENERAL.—To be eligible to receive 

7 a direct payment under paragraph (1), a small 

8 business shall— 

9 (i) have less than $15,000,000 in av10 erage annual gross income from all busi11 ness activities, at least 75 percent of which 

12 shall be directly related to production agri13 culture or agriculture support industries, 

14 as determined by the Secretary; 

15 (ii) verify the amount of economic loss 

16 attributable to weather-related agricultural 

17 losses using such documentation as the 

18 Secretary and the head of the qualified 

19 State agency may require; 

20 (iii) have suffered losses attributable 

21 to weather-related agricultural disasters 

22 that equal at least 50 percent of the total 

23 economic loss of the small business for 

24 each year a grant is requested; and 
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1 (iv) demonstrate that the grant will 

2 materially improve the likelihood the busi3 ness will— 

4 (I) recover from the disaster; and 

5 (II) continue to service and sup6 port production agriculture. 

7 (B) EMERGENCY GRANTS TO ASSIST LOW8 INCOME MIGRANT AND SEASONAL FARM9 WORKERS.— 

10 (i) Funds made available by this sub11 title may be used to carry out assistance 

12 programs in States that are consistent 

13 with the purpose and intent of the pro14 gram authorized at section 2281 of the 

15 Food, Agriculture, Conservation and Trade 

16 Act of 1990 (42 U.S.C. 5177a). 

17 (ii) In carrying out this subparagraph, 

18 a qualified State may waive the gross in19 come requirement at subparagraph (A)(i) 

20 of this paragraph. 

21 (3) REQUIREMENTS.—A direct payment to 

22 small business under this subsection shall— 

23 (A) be limited to not more than 2 years of 

24 documented losses; and 
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1 (B) be in an amount of not more than 75 

2 percent of the documented average economic 

3 loss attributable to weather-related agriculture 

4 disasters for each eligible year in the qualified 

5 State. 

6 (4) INSUFFICIENT FUNDING.—If the grant 

7 funds received by a qualified State agency under 

8 subsection (b) are insufficient to fund the direct 

9 payments of the qualified State agency under this 

10 subsection, the qualified State agency may apply a 

11 proportional reduction to all of the direct payments. 

12 Subtitle C—Forestry 

13 SEC. 431. TREE ASSISTANCE PROGRAM. 

14 (a) DEFINITION OF TREE.—In this section, the term 

15 ‘‘tree’’ includes— 

16 (1) a tree (including a Christmas tree, orna17 mental tree, nursery tree, and potted tree); 

18 (2) a bush (including a shrub, nursery shrub, 

19 nursery bush, ornamental bush, ornamental shrub, 

20 potted bush, and potted shrub); and 

21 (3) a vine (including a nursery vine and orna22 mental vine). 

23 (b) PROGRAM.—Except as otherwise provided in this 

24 section, the Secretary shall use such sums as are necessary 

25 of the funds of the Commodity Credit Corporation to pro-
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1 vide assistance under the terms and conditions of the tree 

2 assistance program established under subtitle C of title X 

3 of the Farm Security and Rural Investment Act of 2002 

4 (7 U.S.C. 8201 et seq.) to— 

5 (1) producers who suffered tree losses in dis6 aster counties; and 

7 (2) fruit and tree nut producers in disaster 

8 counties. 

9 (c) COSTS.—Funds made available under this section 

10 shall also be made available to cover costs associated with 

11 tree pruning, tree rehabilitation, and other appropriate 

12 tree-related activities as determined by the Secretary. 

13 (d) SCOPE OF ASSISTANCE.—Assistance under this 

14 section shall compensate for losses resulting from disas15 ters during the applicable period. 

16 Subtitle D—Conservation 

17 SEC. 441. EMERGENCY CONSERVATION PROGRAM. 

18 The Secretary shall use an additional $35,000,000 of 

19 funds of the Commodity Credit Corporation to carry out 

20 emergency measures, including wildfire recovery efforts in 

21 Montana and other States, identified by the Administrator 

22 of the Farm Service Agency as of the date of enactment 

23 of this Act through the emergency conservation program 

24 established under title IV of the Agricultural Credit Act 

25 of 1978 (16 U.S.C. 2201 et seq.), of which $3,000,000 
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1 shall be to repair broken irrigation pipelines and damaged 

2 and collapsed water tanks, $1,000,000 to provide emer3 gency loans for losses of agricultural income, and 

4 $2,000,000 to repair ditch irrigation systems in conjunc5 tion with the Presidential declaration of a major disaster 

6 (FEMA–1664–DR), dated October 17, 2006, and related 

7 determinations issued under the authority of the Robert 

8 T. Stafford Disaster Relief and Emergency Assistance 

9 Act, 42 U.S.C. 5121–5206 (the Stafford Act): Provided, 

10 That the Secretary may transfer a portion of these funds 

11 to the Natural Resources Conservation Service, to include 

12 Resource Conservation and Development councils. 

13 SEC. 442. EMERGENCY WATERSHED PROTECTION PRO14 GRAM. 

15 The Secretary shall use an additional $50,000,000 of 

16 funds of the Commodity Credit Corporation to carry out 

17 emergency measures identified by the Chief of the Natural 

18 Resources Conservation Service as of the date of enact19 ment of this Act through the emergency watershed protec20 tion program established under section 403 of the Agricul21 tural Credit Act of 1978 (16 U.S.C. 2203). 

22 SEC. 443. CONSERVATION SECURITY PROGRAM. 

23 Section 20115 of Public Law 110–5 is amended by 

24 striking ‘‘section 726’’ and inserting in lieu thereof ‘‘sec25 tion 726; section 741’’. 
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1 Subtitle E—Farm Service Agency 

2 SEC. 451. FUNDING FOR ADDITIONAL PERSONNEL AND AD3 MINISTRATIVE SUPPORT. 

4 The Secretary shall use $30,000,000 of funds of the 

5 Commodity Credit Corporation— 

6 (1) of which $9,000,000 shall be used to hire 

7 additional County Farm Service Agency personnel to 

8 expedite the implementation of, and delivery under, 

9 the agricultural disaster and economic assistance 

10 programs under this title; and 

11 (2) to be used as the Secretary determines to 

12 be necessary to carry out this and other agriculture 

13 and disaster assistance programs. 

14 Subtitle F—Miscellaneous 

15 SEC. 461. CONTRACT WAIVER. 

16 In carrying out this title and section 101(a)(5) of the 

17 Emergency Supplemental Appropriations for Hurricane 

18 Disasters Assistance Act, 2005 (Public Law 108–324; 118 

19 Stat. 1233), the Secretary shall not require participation 

20 in a crop insurance pilot program relating to forage. 

21 SEC. 462. INSECT INFESTATIONS. 

22 (a) IN GENERAL.—The Secretary, acting through the 

23 Administrator of the Animal and Plant Health Inspection 

24 Service, shall use not less than $20,000,000 of funds made 

25 available from the Commodity Credit Corporation for the 
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1 Animal and Plant Health Inspection Service to survey and 

2 control insect infestations in the States of Nevada, Idaho, 

3 and Utah. 

4 (b) USE OF FUNDS.—Funds described in subsection 

5 (a) shall be used in a manner that promotes cooperative 

6 efforts between Federal programs (including the plant 

7 protection and quarantine program of the Animal and 

8 Plant Health Inspection Service) and State and local pro9 grams carried out, in whole or in part, with Federal funds 

10 to fight insect outbreaks. 

11 SEC. 463. FUNDING. 

12 The Secretary shall use the funds, facilities, and au13 thorities of the Commodity Credit Corporation to carry 

14 out this title, to remain available until expended. 

15 SEC. 464. REGULATIONS. 

16 (a) IN GENERAL.—The Secretary may promulgate 

17 such regulations as are necessary to implement this title. 

18 (b) PROCEDURE.—The promulgation of the regula19 tions and administration of this title shall be made without 

20 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 shall 

8 use the authority provided under section 808 of title 5, 

9 United States Code. 

10 Subtitle G—Emergency 

11 Designation 

12 SEC. 471. EMERGENCY DESIGNATION. 

13 The amounts provided under this title are designated 

14 as an emergency requirement pursuant to section 402 of 

15 H. Con. Res. 95 (109th Congress). 

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

17 Veterans’ Care, Katrina Recovery, and Iraq Accountability 

18 Appropriations Act, 2007’’. 

Calendar No. 83 

110TH CONGRESS 

1ST SESSION S. 965 

[Report No. 110–37] 

A BILL 

Making emergency supplemental appropriations for 

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

MARCH 22, 2007 

Read twice and placed on the calendar