IB 

Union Calendar No. 31 

110TH CONGRESS 

1ST SESSION H. R. 1591 

[Report No. 110–60] 

Making emergency supplemental appropriations for the fiscal year ending 

September 30, 2007, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 20, 2007 

Mr. OBEY, from the Committee on Appropriations, reported the following bill; 

which was committed to the Committee of the Whole House on the State 

of the Union and ordered to be printed 

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: 


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1 TITLE I—SUPPLEMENTAL APPROPRIATIONS 

2 FOR THE GLOBAL WAR ON TERROR 

3 CHAPTER 1 

4 DEPARTMENT OF AGRICULTURE 

5 FOREIGN AGRICULTURAL SERVICE 

6 PUBLIC LAW 480 TITLE II GRANTS

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

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

9 recoverable, and unrecovered prior years’ costs, including 

10 interest thereon, under the Agricultural Trade Develop11 ment and Assistance Act of 1954, for commodities sup12 plied in connection with dispositions abroad under title II 

13 of said Act, $450,000,000, to remain available until ex14 pended: Provided, That the amount provided under this 

15 heading is designated as making appropriations for contin16 gency operations directly related to the global war on ter17 rorism, and other unanticipated defense-related oper18 ations, pursuant to section 402 of H. Con. Res. 376 

19 (109th Congress), as made applicable to the House of 

20 Representatives by section 511(a)(4) of H. Res. 6 (110th 

21 Congress). 


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1 CHAPTER 2 

2 DEPARTMENT OF JUSTICE 

3 LEGAL ACTIVITIES

4 SALARIES AND EXPENSES, GENERAL LEGAL ACTIVITIES

5 For an additional amount for ‘‘Salaries and Ex6 penses, General Legal Activities’’, $1,648,000, to remain 

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

8 amount provided under this heading is designated as mak9 ing appropriations for contingency operations directly re10 lated to the global war on terrorism, and other unantici11 pated defense-related operations, pursuant to section 402 

12 of H. Con. Res. 376 (109th Congress), as made applicable 

13 to the House of Representatives by section 511(a)(4) of 

14 H. Res. 6 (110th Congress). 

15 SALARIES AND EXPENSES, UNITED STATES ATTORNEYS

16 For an additional amount for ‘‘Salaries and Ex17 penses, United States Attorneys’’, $5,000,000, to remain 

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

19 amount provided under this heading is designated as mak20 ing appropriations for contingency operations directly re21 lated to the global war on terrorism, and other unantici22 pated defense-related operations, pursuant to section 402 

23 of H. Con. Res. 376 (109th Congress), as made applicable 

24 to the House of Representatives by section 511(a)(4) of 

25 H. Res. 6 (110th Congress). 


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1 UNITED STATES MARSHALS SERVICE

2 SALARIES AND EXPENSES

3 For an additional amount for ‘‘Salaries and Ex4 penses’’, $2,750,000, to remain available until September 

5 30, 2008: Provided, That the amount provided under this 

6 heading is designated as making appropriations for contin7 gency operations directly related to the global war on ter8 rorism, and other unanticipated defense-related oper9 ations, pursuant to section 402 of H. Con. Res. 376 

10 (109th Congress), as made applicable to the House of 

11 Representatives by section 511(a)(4) of H. Res. 6 (110th 

12 Congress). 

13 NATIONAL SECURITY DIVISION

14 SALARIES AND EXPENSES

15 For an additional amount for ‘‘Salaries and Ex16 penses’’, $1,736,000, to remain available until September 

17 30, 2008: Provided, That the amount provided under this 

18 heading is designated as making appropriations for contin19 gency operations directly related to the global war on ter20 rorism, and other unanticipated defense-related oper21 ations, pursuant to section 402 of H. Con. Res. 376 

22 (109th Congress), as made applicable to the House of 

23 Representatives by section 511(a)(4) of H. Res. 6 (110th 

24 Congress). 


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1 FEDERAL BUREAU OF INVESTIGATION

2 SALARIES AND EXPENSES

3 For an additional amount for ‘‘Salaries and Ex4 penses’’, $118,260,000, to remain available until Sep5 tember 30, 2008: Provided, That the amount provided 

6 under this heading is designated as making appropriations 

7 for contingency operations directly related to the global 

8 war on terrorism, and other unanticipated defense-related 

9 operations, pursuant to section 402 of H. Con. Res. 376 

10 (109th Congress), as made applicable to the House of 

11 Representatives by section 511(a)(4) of H. Res. 6 (110th 

12 Congress). 

13 DRUG ENFORCEMENT ADMINISTRATION

14 SALARIES AND EXPENSES

15 For an additional amount for ‘‘Salaries and Ex16 penses’’, $8,468,000, to remain available until September 

17 30, 2008: Provided, That the amount provided under this 

18 heading is designated as making appropriations for contin19 gency operations directly related to the global war on ter20 rorism, and other unanticipated defense-related oper21 ations, pursuant to section 402 of H. Con. Res. 376 

22 (109th Congress), as made applicable to the House of 

23 Representatives by section 511(a)(4) of H. Res. 6 (110th 

24 Congress). 


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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: Provided, That the amount provided under this 

7 heading is designated as making appropriations for contin8 gency operations directly related to the global war on ter9 rorism, and other unanticipated defense-related oper10 ations, pursuant to section 402 of H. Con. Res. 376 

11 (109th Congress), as made applicable to the House of 

12 Representatives by section 511(a)(4) of H. Res. 6 (110th 

13 Congress). 

14 FEDERAL PRISON SYSTEM

15 SALARIES AND EXPENSES

16 For an additional amount for ‘‘Salaries and Ex17 penses’’, $17,000,000, to remain available until September 

18 30, 2008: Provided, That the amount provided under this 

19 heading is designated as making appropriations for contin20 gency operations directly related to the global war on ter21 rorism, and other unanticipated defense-related oper22 ations, pursuant to section 402 of H. Con. Res. 376 

23 (109th Congress), as made applicable to the House of 

24 Representatives by section 511(a)(4) of H. Res. 6 (110th 

25 Congress). 


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1 CHAPTER 3 

2 DEPARTMENT OF DEFENSE—MILITARY 

3 MILITARY PERSONNEL 

4 MILITARY PERSONNEL, ARMY

5 For an additional amount for ‘‘Military Personnel, 

6 Army’’, $8,878,899,000: Provided, That the amount pro7 vided under this heading is designated as making appro8 priations for contingency operations directly related to the 

9 global war on terrorism, and other unanticipated defense10 related operations, pursuant to section 402 of H. Con. 

11 Res. 376 (109th Congress), as made applicable to the 

12 House of Representatives by section 511(a)(4) of H. Res. 

13 6 (110th Congress). 

14 MILITARY PERSONNEL, NAVY

15 For an additional amount for ‘‘Military Personnel, 

16 Navy’’, $1,100,410,000: Provided, That the amount pro17 vided under this heading is designated as making appro18 priations for contingency operations directly related to the 

19 global war on terrorism, and other unanticipated defense20 related operations, pursuant to section 402 of H. Con. 

21 Res. 376 (109th Congress), as made applicable to the 

22 House of Representatives by section 511(a)(4) of H. Res. 

23 6 (110th Congress). 


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1 MILITARY PERSONNEL, MARINE CORPS

2 For an additional amount for ‘‘Military Personnel, 

3 Marine Corps’’, $1,495,828,000: Provided, That the 

4 amount provided under this heading is designated as mak5 ing appropriations for contingency operations directly re6 lated to the global war on terrorism, and other unantici7 pated defense-related operations, pursuant to section 402 

8 of H. Con. Res. 376 (109th Congress), as made applicable 

9 to the House of Representatives by section 511(a)(4) of 

10 H. Res. 6 (110th Congress). 

11 MILITARY PERSONNEL, AIR FORCE

12 For an additional amount for ‘‘Military Personnel, 

13 Air Force’’, $1,229,334,000: Provided, That the amount 

14 provided under this heading is designated as making ap15 propriations for contingency operations directly related to 

16 the global war on terrorism, and other unanticipated de17 fense-related operations, pursuant to section 402 of H. 

18 Con. Res. 376 (109th Congress), as made applicable to 

19 the House of Representatives by section 511(a)(4) of H. 

20 Res. 6 (110th Congress). 

21 RESERVE PERSONNEL, ARMY

22 For an additional amount for ‘‘Reserve Personnel, 

23 Army’’, $173,244,000: Provided, That the amount pro24 vided under this heading is designated as making appro25 priations for contingency operations directly related to the 


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1 global war on terrorism, and other unanticipated defense2 related operations, pursuant to section 402 of H. Con. 

3 Res. 376 (109th Congress), as made applicable to the 

4 House of Representatives by section 511(a)(4) of H. Res. 

5 6 (110th Congress). 

6 RESERVE PERSONNEL, NAVY

7 For an additional amount for ‘‘Reserve Personnel, 

8 Navy’’, $82,800,000: Provided, That the amount provided 

9 under this heading is designated as making appropriations 

10 for contingency operations directly related to the global 

11 war on terrorism, and other unanticipated defense-related 

12 operations, pursuant to section 402 of H. Con. Res. 376 

13 (109th Congress), as made applicable to the House of 

14 Representatives by section 511(a)(4) of H. Res. 6 (110th 

15 Congress). 

16 RESERVE PERSONNEL, MARINE CORPS

17 For an additional amount for ‘‘Reserve Personnel, 

18 Marine Corps’’, $15,000,000: Provided, That the amount 

19 provided under this heading is designated as making ap20 propriations for contingency operations directly related to 

21 the global war on terrorism, and other unanticipated de22 fense-related operations, pursuant to section 402 of H. 

23 Con. Res. 376 (109th Congress), as made applicable to 

24 the House of Representatives by section 511(a)(4) of H. 

25 Res. 6 (110th Congress). 


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1 RESERVE PERSONNEL, AIR FORCE

2 For an additional amount for ‘‘Reserve Personnel, 

3 Air Force’’, $14,100,000: Provided, That the amount pro4 vided under this heading is designated as making appro5 priations for contingency operations directly related to the 

6 global war on terrorism, and other unanticipated defense7 related operations, pursuant to section 402 of H. Con. 

8 Res. 376 (109th Congress), as made applicable to the 

9 House of Representatives by section 511(a)(4) of H. Res. 

10 6 (110th Congress). 

11 NATIONAL GUARD PERSONNEL, ARMY

12 For an additional amount for ‘‘National Guard Per13 sonnel, Army’’, $552,725,000: Provided, That the amount 

14 provided under this heading is designated as making ap15 propriations for contingency operations directly related to 

16 the global war on terrorism, and other unanticipated de17 fense-related operations, pursuant to section 402 of H. 

18 Con. Res. 376 (109th Congress), as made applicable to 

19 the House of Representatives by section 511(a)(4) of H. 

20 Res. 6 (110th Congress). 

21 NATIONAL GUARD PERSONNEL, AIR FORCE

22 For an additional amount for ‘‘National Guard Per23 sonnel, Air Force’’, $24,600,000: Provided, That the 

24 amount provided under this heading is designated as mak25 ing appropriations for contingency operations directly reVerDate Aug 31 2005 03:42 Mar 21, 2007 Jkt 059200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H1591.RH H1591

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1 lated to the global war on terrorism, and other unantici2 pated defense-related operations, pursuant to section 402 

3 of H. Con. Res. 376 (109th Congress), as made applicable 

4 to the House of Representatives by section 511(a)(4) of 

5 H. Res. 6 (110th Congress). 

6 OPERATION AND MAINTENANCE 

7 OPERATION AND MAINTENANCE, ARMY

8 For an additional amount for ‘‘Operation and Main9 tenance, Army’’, $20,897,672,000: Provided, That the 

10 amount provided under this heading is designated as mak11 ing appropriations for contingency operations directly re12 lated to the global war on terrorism, and other unantici13 pated defense-related operations, pursuant to section 402 

14 of H. Con. Res. 376 (109th Congress), as made applicable 

15 to the House of Representatives by section 511(a)(4) of 

16 H. Res. 6 (110th Congress). 

17 OPERATION AND MAINTENANCE, NAVY

18 (INCLUDING TRANSFER OF FUNDS)

19 For an additional amount for ‘‘Operation and Main20 tenance, Navy’’, $5,115,397,000, of which up to 

21 $120,293,000 may be transferred to Coast Guard ‘‘Oper22 ating Expenses’’, for reimbursement for activities which 

23 support activities requested by the Navy: Provided, That 

24 the amount provided under this heading is designated as 

25 making appropriations for contingency operations directly 


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1 related to the global war on terrorism, and other unantici2 pated defense-related operations, pursuant to section 402 

3 of H. Con. Res. 376 (109th Congress), as made applicable 

4 to the House of Representatives by section 511(a)(4) of 

5 H. Res. 6 (110th Congress). 

6 OPERATION AND MAINTENANCE, MARINE CORPS

7 For an additional amount for ‘‘Operation and Main8 tenance, Marine Corps’’, $1,503,694,000: Provided, That 

9 the amount provided under this heading is designated as 

10 making appropriations for contingency operations directly 

11 related to the global war on terrorism, and other unantici12 pated defense-related operations, pursuant to section 402 

13 of H. Con. Res. 376 (109th Congress), as made applicable 

14 to the House of Representatives by section 511(a)(4) of 

15 H. Res. 6 (110th Congress). 

16 OPERATION AND MAINTENANCE, AIR FORCE

17 For an additional amount for ‘‘Operation and Main18 tenance, Air Force’’, $6,909,259,000: Provided, That the 

19 amount provided under this heading is designated as mak20 ing appropriations for contingency operations directly re21 lated to the global war on terrorism, and other unantici22 pated defense-related operations, pursuant to section 402 

23 of H. Con. Res. 376 (109th Congress), as made applicable 

24 to the House of Representatives by section 511(a)(4) of 

25 H. Res. 6 (110th Congress). 


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1 OPERATION AND MAINTENANCE, DEFENSE-WIDE

2 For an additional amount for ‘‘Operation and Main3 tenance, Defense-Wide’’, $2,855,993,000, of which not to 

4 exceed $300,000,000, to remain available until expended, 

5 may be used for payments to reimburse Pakistan, Jordan, 

6 and other key cooperating nations, for logistical, military, 

7 and other support provided, or to be provided, to United 

8 States military operations, notwithstanding any other pro9 vision of law: Provided, That such payments may be made 

10 in such amounts as the Secretary of Defense, with the con11 currence of the Secretary of State, and in consultation 

12 with the Director of the Office of Management and Budg13 et, may determine, in his discretion, based on documenta14 tion determined by the Secretary of Defense to adequately 

15 account for the support provided, and such determination 

16 is final and conclusive upon the accounting officers of the 

17 United States, and 15 days following notification to the 

18 appropriate congressional committees: Provided further, 

19 That the Secretary of Defense shall provide quarterly re20 ports to the congressional defense committees on the use 

21 of funds provided in this paragraph: Provided further, 

22 That the amount provided under this heading is des23 ignated as making appropriations for contingency oper24 ations directly related to the global war on terrorism, and 

25 other unanticipated defense-related operations, pursuant 


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1 to section 402 of H. Con. Res. 376 (109th Congress), as 

2 made applicable to the House of Representatives by sec3 tion 511(a)(4) of H. Res. 6 (110th Congress). 

4 OPERATION AND MAINTENANCE, ARMY RESERVE

5 For an additional amount for ‘‘Operation and Main6 tenance, Army Reserve’’, $74,049,000: Provided, That the 

7 amount provided under this heading is designated as mak8 ing appropriations for contingency operations directly re9 lated to the global war on terrorism, and other unantici10 pated defense-related operations, pursuant to section 402 

11 of H. Con. Res. 376 (109th Congress), as made applicable 

12 to the House of Representatives by section 511(a)(4) of 

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

14 OPERATION AND MAINTENANCE, NAVY RESERVE

15 For an additional amount for ‘‘Operation and Main16 tenance, Navy Reserve’’, $111,066,000: Provided, That 

17 the amount provided under this heading is designated as 

18 making appropriations for contingency operations directly 

19 related to the global war on terrorism, and other unantici20 pated defense-related operations, pursuant to section 402 

21 of H. Con. Res. 376 (109th Congress), as made applicable 

22 to the House of Representatives by section 511(a)(4) of 

23 H. Res. 6 (110th Congress). 


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1 OPERATION AND MAINTENANCE, MARINE CORPS

2 RESERVE

3 For an additional amount for ‘‘Operation and Main4 tenance, Marine Corps Reserve’’, $13,591,000: Provided, 

5 That the amount provided under this heading is des6 ignated as making appropriations for contingency oper7 ations directly related to the global war on terrorism, and 

8 other unanticipated defense-related operations, pursuant 

9 to section 402 of H. Con. Res. 376 (109th Congress), as 

10 made applicable to the House of Representatives by sec11 tion 511(a)(4) of H. Res. 6 (110th Congress). 

12 OPERATION AND MAINTENANCE, AIR FORCE RESERVE

13 For an additional amount for ‘‘Operation and Main14 tenance, Air Force Reserve’’, $10,160,000: Provided, That 

15 the amount provided under this heading is designated as 

16 making appropriations for contingency operations directly 

17 related to the global war on terrorism, and other unantici18 pated defense-related operations, pursuant to section 402 

19 of H. Con. Res. 376 (109th Congress), as made applicable 

20 to the House of Representatives by section 511(a)(4) of 

21 H. Res. 6 (110th Congress). 

22 OPERATION AND MAINTENANCE, ARMY NATIONAL

23 GUARD

24 For an additional amount for ‘‘Operation and Main25 tenance, Army National Guard’’, $133,569,000: Provided, 


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1 That the amount provided under this heading is des2 ignated as making appropriations for contingency oper3 ations directly related to the global war on terrorism, and 

4 other unanticipated defense-related operations, pursuant 

5 to section 402 of H. Con. Res. 376 (109th Congress), as 

6 made applicable to the House of Representatives by sec7 tion 511(a)(4) of H. Res. 6 (110th Congress). 

8 OPERATION AND MAINTENANCE, AIR NATIONAL GUARD

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

11 That the amount provided under this heading is des12 ignated as making appropriations for contingency oper13 ations directly related to the global war on terrorism, and 

14 other unanticipated defense-related operations, pursuant 

15 to section 402 of H. Con. Res. 376 (109th Congress), as 

16 made applicable to the House of Representatives by sec17 tion 511(a)(4) of H. Res. 6 (110th Congress). 

18 AFGHANISTAN SECURITY FORCES FUND

19 For an additional amount for ‘‘Afghanistan Security 

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

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

22 under this heading is designated as making appropriations 

23 for contingency operations directly related to the global 

24 war on terrorism, and other unanticipated defense-related 

25 operations, pursuant to section 402 of H. Con. Res. 376 


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1 (109th Congress), as made applicable to the House of 

2 Representatives by section 511(a)(4) of H. Res. 6 (110th 

3 Congress). 

4 IRAQ SECURITY FORCES FUND

5 For an additional amount for ‘‘Iraq Security Forces 

6 Fund’’, $3,842,300,000, to remain available until Sep7 tember 30, 2008: Provided, That the amount provided 

8 under this heading is designated as making appropriations 

9 for contingency operations directly related to the global 

10 war on terrorism, and other unanticipated defense-related 

11 operations, pursuant to section 402 of H. Con. Res. 376 

12 (109th Congress), as made applicable to the House of 

13 Representatives by section 511(a)(4) of H. Res. 6 (110th 

14 Congress). 

15 IRAQ FREEDOM FUND

16 (INCLUDING TRANSFER OF FUNDS)

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

18 $155,600,000, to remain available for transfer until Sep19 tember 30, 2008: Provided, That the amount provided 

20 under this heading is designated as making appropriations 

21 for contingency operations directly related to the global 

22 war on terrorism, and other unanticipated defense-related 

23 operations, pursuant to section 402 of H. Con. Res. 376 

24 (109th Congress), as made applicable to the House of 


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1 Representatives by section 511(a)(4) of H. Res. 6 (110th 

2 Congress). 

3 JOINT IMPROVISED EXPLOSIVE DEVICE DEFEAT FUND

4 For an additional amount for ‘‘Joint Improvised Ex5 plosive Device Defeat Fund’’, $2,432,800,000, to remain 

6 available until September 30, 2009: Provided, That the 

7 amount provided under this heading is designated as mak8 ing appropriations for contingency operations directly re9 lated to the global war on terrorism, and other unantici10 pated defense-related operations, pursuant to section 402 

11 of H. Con. Res. 376 (109th Congress), as made applicable 

12 to the House of Representatives by section 511(a)(4) of 

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

14 STRATEGIC RESERVE READINESS FUND

15 (INCLUDING TRANSFER OF FUNDS)

16 In addition to amounts provided in this or any other 

17 Act, for training, operations, repair of equipment, pur18 chases of equipment, and other expenses related to im19 proving the readiness of non-deployed United States mili20 tary forces, $2,500,000,000, to remain available until ex21 pended: Provided, That the Secretary of Defense may 

22 transfer funds provided herein only to appropriations for 

23 military personnel, operation and maintenance, procure24 ment, and defense working capital funds to accomplish the 

25 purposes provided herein: Provided further, That the funds 


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1 transferred shall be merged with and shall be available for 

2 the same purposes and for the same time period as the 

3 appropriation to which transferred: Provided further, That 

4 the Secretary of Defense shall, not fewer than five days 

5 prior to making transfers under this authority, notify the 

6 congressional defense committees in writing of the details 

7 of any such transfers made pursuant to this authority: 

8 Provided further, That funds shall be transferred to the 

9 appropriation accounts not later than 120 days after the 

10 enactment of this Act: Provided further, That the transfer 

11 authority provided in this paragraph is in addition to any 

12 other transfer authority available to the Department of 

13 Defense: Provided further, That upon a determination that 

14 all or part of the funds transferred from this appropriation 

15 are not necessary for the purposes provided herein, such 

16 amounts may be transferred back to this appropriation: 

17 Provided further, That the amount provided under this 

18 heading is designated as making appropriations for contin19 gency operations directly related to the global war on ter20 rorism, and other unanticipated defense-related oper21 ations, pursuant to section 402 of H. Con. Res. 376 

22 (109th Congress), as made applicable to the House of 

23 Representatives by section 511(a)(4) of H. Res. 6 (110th 

24 Congress). 


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1 PROCUREMENT 

2 AIRCRAFT PROCUREMENT, ARMY

3 For an additional amount for ‘‘Aircraft Procurement, 

4 Army’’, $461,850,000, to remain available until Sep5 tember 30, 2009: Provided, That the amount provided 

6 under this heading is designated as making appropriations 

7 for contingency operations directly related to the global 

8 war on terrorism, and other unanticipated defense-related 

9 operations, pursuant to section 402 of H. Con. Res. 376 

10 (109th Congress), as made applicable to the House of 

11 Representatives by section 511(a)(4) of H. Res. 6 (110th 

12 Congress). 

13 MISSILE PROCUREMENT, ARMY

14 For an additional amount for ‘‘Missile Procurement, 

15 Army’’, $160,173,000, to remain available until Sep16 tember 30, 2009: Provided, That the amount provided 

17 under this heading is designated as making appropriations 

18 for contingency operations directly related to the global 

19 war on terrorism, and other unanticipated defense-related 

20 operations, pursuant to section 402 of H. Con. Res. 376 

21 (109th Congress), as made applicable to the House of 

22 Representatives by section 511(a)(4) of H. Res. 6 (110th 

23 Congress). 


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1 PROCUREMENT OF WEAPONS AND TRACKED COMBAT

2 VEHICLES, ARMY

3 For an additional amount for ‘‘Procurement of Weap4 ons and Tracked Combat Vehicles, Army’’, 

5 $3,474,389,000, to remain available until September 30, 

6 2009: Provided, That the amount provided under this 

7 heading is designated as making appropriations for contin8 gency operations directly related to the global war on ter9 rorism, and other unanticipated defense-related oper10 ations, pursuant to section 402 of H. Con. Res. 376 

11 (109th Congress), as made applicable to the House of 

12 Representatives by section 511(a)(4) of H. Res. 6 (110th 

13 Congress). 

14 PROCUREMENT OF AMMUNITION, ARMY

15 For an additional amount for ‘‘Procurement of Am16 munition, Army’’, $681,500,000, to remain available until 

17 September 30, 2009: Provided, That the amount provided 

18 under this heading is designated as making appropriations 

19 for contingency operations directly related to the global 

20 war on terrorism, and other unanticipated defense-related 

21 operations, pursuant to section 402 of H. Con. Res. 376 

22 (109th Congress), as made applicable to the House of 

23 Representatives by section 511(a)(4) of H. Res. 6 (110th 

24 Congress). 


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1 OTHER PROCUREMENT, ARMY

2 For an additional amount for ‘‘Other Procurement, 

3 Army’’, $10,197,399,000, to remain available until Sep4 tember 30, 2009: Provided, That the amount provided 

5 under this heading is designated as making appropriations 

6 for contingency operations directly related to the global 

7 war on terrorism, and other unanticipated defense-related 

8 operations, pursuant to section 402 of H. Con. Res. 376 

9 (109th Congress), as made applicable to the House of 

10 Representatives by section 511(a)(4) of H. Res. 6 (110th 

11 Congress). 

12 AIRCRAFT PROCUREMENT, NAVY

13 For an additional amount for ‘‘Aircraft Procurement, 

14 Navy’’, $995,797,000, to remain available until September 

15 30, 2009: Provided, That the amount provided under this 

16 heading is designated as making appropriations for contin17 gency operations directly related to the global war on ter18 rorism, and other unanticipated defense-related oper19 ations, pursuant to section 402 of H. Con. Res. 376 

20 (109th Congress), as made applicable to the House of 

21 Representatives by section 511(a)(4) of H. Res. 6 (110th 

22 Congress). 

23 WEAPONS PROCUREMENT, NAVY

24 For an additional amount for ‘‘Weapons Procure25 ment, Navy’’, $171,813,000, to remain available until 


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1 September 30, 2009: Provided, That the amount provided 

2 under this heading is designated as making appropriations 

3 for contingency operations directly related to the global 

4 war on terrorism, and other unanticipated defense-related 

5 operations, pursuant to section 402 of H. Con. Res. 376 

6 (109th Congress), as made applicable to the House of 

7 Representatives by section 511(a)(4) of H. Res. 6 (110th 

8 Congress). 

9 PROCUREMENT OF AMMUNITION, NAVY AND MARINE

10 CORPS

11 For an additional amount for ‘‘Procurement of Am12 munition, Navy and Marine Corps’’, $159,833,000, to re13 main available until September 30, 2009: Provided, That 

14 the amount provided under this heading is designated as 

15 making appropriations for contingency operations directly 

16 related to the global war on terrorism, and other unantici17 pated defense-related operations, pursuant to section 402 

18 of H. Con. Res. 376 (109th Congress), as made applicable 

19 to the House of Representatives by section 511(a)(4) of 

20 H. Res. 6 (110th Congress). 

21 OTHER PROCUREMENT, NAVY

22 For an additional amount for ‘‘Other Procurement, 

23 Navy’’, $937,407,000, to remain available until September 

24 30, 2009: Provided, That the amount provided under this 

25 heading is designated as making appropriations for continVerDate Aug 31 2005 03:42 Mar 21, 2007 Jkt 059200 PO 00000 Frm 00023 Fmt 6652 Sfmt 6201 E:\BILLS\H1591.RH H1591

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1 gency operations directly related to the global war on ter2 rorism, and other unanticipated defense-related oper3 ations, pursuant to section 402 of H. Con. Res. 376 

4 (109th Congress), as made applicable to the House of 

5 Representatives by section 511(a)(4) of H. Res. 6 (110th 

6 Congress). 

7 PROCUREMENT, MARINE CORPS

8 For an additional amount for ‘‘Procurement, Marine 

9 Corps’’, $1,885,383,000, to remain available until Sep10 tember 30, 2009: Provided, That the amount provided 

11 under this heading is designated as making appropriations 

12 for contingency operations directly related to the global 

13 war on terrorism, and other unanticipated defense-related 

14 operations, pursuant to section 402 of H. Con. Res. 376 

15 (109th Congress), as made applicable to the House of 

16 Representatives by section 511(a)(4) of H. Res. 6 (110th 

17 Congress). 

18 AIRCRAFT PROCUREMENT, AIR FORCE

19 For an additional amount for ‘‘Aircraft Procurement, 

20 Air Force’’, $2,474,916,000, to remain available until 

21 September 30, 2009: Provided, That the amount provided 

22 under this heading is designated as making appropriations 

23 for contingency operations directly related to the global 

24 war on terrorism, and other unanticipated defense-related 

25 operations, pursuant to section 402 of H. Con. Res. 376 


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1 (109th Congress), as made applicable to the House of 

2 Representatives by section 511(a)(4) of H. Res. 6 (110th 

3 Congress). 

4 MISSILE PROCUREMENT, AIR FORCE

5 For an additional amount for ‘‘Missile Procurement, 

6 Air Force’’, $140,300,000, to remain available until Sep7 tember 30, 2009: Provided, That the amount provided 

8 under this heading is designated as making appropriations 

9 for contingency operations directly related to the global 

10 war on terrorism, and other unanticipated defense-related 

11 operations, pursuant to section 402 of H. Con. Res. 376 

12 (109th Congress), as made applicable to the House of 

13 Representatives by section 511(a)(4) of H. Res. 6 (110th 

14 Congress). 

15 PROCUREMENT OF AMMUNITION, AIR FORCE

16 For an additional amount for ‘‘Procurement of Am17 munition, Air Force’’, $95,800,000, to remain available 

18 until September 30, 2009: Provided, That the amount pro19 vided under this heading is designated as making appro20 priations for contingency operations directly related to the 

21 global war on terrorism, and other unanticipated defense22 related operations, pursuant to section 402 of H. Con. 

23 Res. 376 (109th Congress), as made applicable to the 

24 House of Representatives by section 511(a)(4) of H. Res. 

25 6 (110th Congress). 


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1 OTHER PROCUREMENT, AIR FORCE

2 For an additional amount for ‘‘Other Procurement, 

3 Air Force’’, $2,042,183,000, to remain available until 

4 September 30, 2009: Provided, That the amount provided 

5 under this heading is designated as making appropriations 

6 for contingency operations directly related to the global 

7 war on terrorism, and other unanticipated defense-related 

8 operations, pursuant to section 402 of H. Con. Res. 376 

9 (109th Congress), as made applicable to the House of 

10 Representatives by section 511(a)(4) of H. Res. 6 (110th 

11 Congress). 

12 PROCUREMENT, DEFENSE-WIDE

13 For an additional amount for ‘‘Procurement, De14 fense-Wide’’, $934,930,000, to remain available until Sep15 tember 30, 2009: Provided, That the amount provided 

16 under this heading is designated as making appropriations 

17 for contingency operations directly related to the global 

18 war on terrorism, and other unanticipated defense-related 

19 operations, pursuant to section 402 of H. Con. Res. 376 

20 (109th Congress), as made applicable to the House of 

21 Representatives by section 511(a)(4) of H. Res. 6 (110th 

22 Congress). 


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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’’, $60,781,000, to re7 main available until September 30, 2008: Provided, That 

8 the amount provided under this heading is designated as 

9 making appropriations for contingency operations directly 

10 related to the global war on terrorism, and other unantici11 pated defense-related operations, pursuant to section 402 

12 of H. Con. Res. 376 (109th Congress), as made applicable 

13 to the House of Representatives by section 511(a)(4) of 

14 H. Res. 6 (110th Congress). 

15 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 

16 NAVY

17 For an additional amount for ‘‘Research, Develop18 ment, Test and Evaluation, Navy’’, $295,737,000, to re19 main available until September 30, 2008: Provided, That 

20 the amount provided under this heading is designated as 

21 making appropriations for contingency operations directly 

22 related to the global war on terrorism, and other unantici23 pated defense-related operations, pursuant to section 402 

24 of H. Con. Res. 376 (109th Congress), as made applicable 


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1 to the House of Representatives by section 511(a)(4) of 

2 H. Res. 6 (110th Congress). 

3 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 

4 AIR FORCE

5 For an additional amount for ‘‘Research, Develop6 ment, Test and Evaluation, Air Force’’, $132,928,000, to 

7 remain available until September 30, 2008: Provided, 

8 That the amount provided under this heading is des9 ignated as making appropriations for contingency oper10 ations directly related to the global war on terrorism, and 

11 other unanticipated defense-related operations, pursuant 

12 to section 402 of H. Con. Res. 376 (109th Congress), as 

13 made applicable to the House of Representatives by sec14 tion 511(a)(4) of H. Res. 6 (110th Congress). 

15 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 

16 DEFENSE-WIDE

17 For an additional amount for ‘‘Research, Develop18 ment, Test and Evaluation, Defense-Wide’’, 

19 $545,904,000, to remain available until September 30, 

20 2008: Provided, That the amount provided under this 

21 heading is designated as making appropriations for contin22 gency operations directly related to the global war on ter23 rorism, and other unanticipated defense-related oper24 ations, pursuant to section 402 of H. Con. Res. 376 

25 (109th Congress), as made applicable to the House of 


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1 Representatives by section 511(a)(4) of H. Res. 6 (110th 

2 Congress). 

3 REVOLVING AND MANAGEMENT FUNDS 

4 DEFENSE WORKING CAPITAL FUNDS

5 For an additional amount for ‘‘Defense Working 

6 Capital Funds’’, $1,315,526,000: Provided, That the 

7 amount provided under this heading is designated as mak8 ing appropriations for contingency operations directly re9 lated to the global war on terrorism, and other unantici10 pated defense-related operations, pursuant to section 402 

11 of H. Con. Res. 376 (109th Congress), as made applicable 

12 to the House of Representatives by section 511(a)(4) of 

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

14 NATIONAL DEFENSE SEALIFT FUND

15 For an additional amount for ‘‘National Defense Sea16 lift Fund’’, $5,000,000: Provided, That the amount pro17 vided under this heading is designated as making appro18 priations for contingency operations directly related to the 

19 global war on terrorism, and other unanticipated defense20 related operations, pursuant to section 402 of H. Con. 

21 Res. 376 (109th Congress), as made applicable to the 

22 House of Representatives by section 511(a)(4) of H. Res. 

23 6 (110th Congress). 


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1 OTHER DEPARTMENT OF DEFENSE PROGRAMS 

2 DEFENSE HEALTH PROGRAM

3 For an additional amount for ‘‘Defense Health Pro4 gram’’, $2,789,703,000; of which $2,289,703,000 shall be 

5 for operation and maintenance, which shall remain avail6 able until September 30, 2008; and of which 

7 $500,000,000 shall be for research, development, test and 

8 evaluation, which shall remain available until September 

9 30, 2009: Provided, That the amount provided under this 

10 heading is designated as making appropriations for contin11 gency operations directly related to the global war on ter12 rorism, and other unanticipated defense-related oper13 ations, pursuant to section 402 of H. Con. Res. 376 

14 (109th Congress), as made applicable to the House of 

15 Representatives by section 511(a)(4) of H. Res. 6 (110th 

16 Congress). 

17 DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES, 

18 DEFENSE

19 For an additional amount for ‘‘Drug Interdiction and 

20 Counter-Drug Activities, Defense’’, $259,115,000, to re21 main available until expended: Provided, That the amount 

22 provided under this heading is designated as making ap23 propriations for contingency operations directly related to 

24 the global war on terrorism, and other unanticipated de25 fense-related operations, pursuant to section 402 of H. 


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1 Con. Res. 376 (109th Congress), as made applicable to 

2 the House of Representatives by section 511(a)(4) of H. 

3 Res. 6 (110th Congress). 

4 RELATED AGENCIES 

5 INTELLIGENCE COMMUNITY MANAGEMENT ACCOUNT

6 For an additional amount for ‘‘Intelligence Commu7 nity Management Account’’, $57,426,000: Provided, That 

8 the amount provided under this heading is designated as 

9 making appropriations for contingency operations directly 

10 related to the global war on terrorism, and other unantici11 pated defense-related operations, pursuant to section 402 

12 of H. Con. Res. 376 (109th Congress), as made applicable 

13 to the House of Representatives by section 511(a)(4) of 

14 H. Res. 6 (110th Congress). 

15 GENERAL PROVISIONS—THIS CHAPTER 

16 SEC. 1301. Appropriations provided in this chapter 

17 are available for obligation until September 30, 2007, un18 less otherwise provided in this chapter. 

19 (TRANSFER OF FUNDS)

20 SEC. 1302. Upon his determination that such action 

21 is necessary in the national interest, the Secretary of De22 fense may transfer between appropriations up to 

23 $3,500,000,000 of the funds made available to the De24 partment of Defense in this chapter: Provided, That the 

25 Secretary shall notify the Congress promptly of each 

26 transfer made pursuant to the authority in this section: 


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1 Provided further, That the authority provided in this sec2 tion is in addition to any other transfer authority available 

3 to the Department of Defense and is subject to the same 

4 terms and conditions as the authority provided in section 

5 8005 of the Department of Defense Appropriations Act, 

6 2007 (Public Law 109–289; 120 Stat. 1257), except for 

7 the fourth proviso. 

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

9 made available by the transfer of funds in or pursuant 

10 to this chapter, for intelligence activities are deemed to 

11 be specifically authorized by the Congress for purposes of 

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

13 (50 U.S.C. 414(a)(1)). 

14 SEC. 1304. None of the funds provided in this chap15 ter may be used to finance programs or activities denied 

16 by Congress in fiscal years 2006 or 2007 appropriations 

17 to the Department of Defense or to initiate a procurement 

18 or research, development, test and evaluation new start 

19 program without prior written notification to the congres20 sional defense committees. 

21 (TRANSFER OF FUNDS)

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

23 of Defense may transfer amounts in or credited to the De24 fense Cooperation Account, pursuant to 10 U.S.C. 2608, 

25 to such appropriations or funds of the Department of De26 fense as he shall determine for use consistent with the purVerDate Aug 31 2005 03:42 Mar 21, 2007 Jkt 059200 PO 00000 Frm 00032 Fmt 6652 Sfmt 6201 E:\BILLS\H1591.RH H1591

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1 poses for which such funds were contributed and accepted: 

2 Provided, That such amounts shall be available for the 

3 same time period as the appropriation to which trans4 ferred: Provided further, That the Secretary shall report 

5 to the Congress all transfers made pursuant to this au6 thority: Provided further, That funds made available pur7 suant to this section are designated as making appropria8 tions for contingency operations directly related to the 

9 global war on terrorism, and other unanticipated defense10 related operations, pursuant to section 402 of H. Con. 

11 Res. 376 (109th Congress), as made applicable to the 

12 House of Representatives by section 511(a)(4) of H. Res. 

13 6 (110th Congress). 

14 SEC. 1306. (a) AUTHORITY TO PROVIDE SUP15 PORT.—Of the amount appropriated by this chapter under 

16 the heading, ‘‘Drug Interdiction and Counter-Drug Activi17 ties, Defense’’, not to exceed $100,000,000 may be used 

18 for support for counter-drug activities of the Governments 

19 of Afghanistan and Pakistan: Provided, That such support 

20 shall be in addition to support provided for the counter21 drug activities of such Governments under any other pro22 vision of the law. 

23 (b) TYPES OF SUPPORT.— 

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

25 this section, the support that may be provided under 


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1 the authority in this section shall be limited to the 

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

3 the National Defense Authorization Act for Fiscal 

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

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

6 conditions on the provision of support as contained 

7 in section 1033 shall apply for fiscal year 2007. 

8 (2) The Secretary of Defense may transfer ve9 hicles, aircraft, and detection, interception, moni10 toring and testing equipment to said Governments 

11 for counter-drug activities. 

12 SEC. 1307. (a) From funds made available for oper13 ation and maintenance in this chapter to the Department 

14 of Defense, not to exceed $456,000,000 may be used, not15 withstanding any other provision of law, to fund the Com16 mander’s Emergency Response Program, for the purpose 

17 of enabling military commanders in Iraq and Afghanistan 

18 to respond to urgent humanitarian relief and reconstruc19 tion requirements within their areas of responsibility by 

20 carrying out programs that will immediately assist the 

21 Iraqi and Afghan people. 

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

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

24 of Defense shall submit to the congressional defense com25 mittees a report regarding the source of funds and the 


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1 allocation and use of funds during that quarter that were 

2 made available pursuant to the authority provided in this 

3 section or under any other provision of law for the pur4 poses of the programs under subsection (a). 

5 SEC. 1308. Supervision and administration costs as6 sociated with a construction project funded with appro7 priations available for operation and maintenance, and ex8 ecuted in direct support of the Global War on Terrorism 

9 only in Iraq and Afghanistan, may be obligated at the time 

10 a construction contract is awarded: Provided, That for the 

11 purpose of this section, supervision and administration 

12 costs include all in-house Government costs. 

13 SEC. 1309. Section 9010 of division A of Public Law 

14 109–289 is amended by striking ‘‘2007’’ each place it ap15 pears and inserting ‘‘2008’’. 

16 SEC. 1310. Section 1005(c)(2) of the National De17 fense Authorization Act, FY 2007 (Public Law 109–364) 

18 is amended by striking ‘‘$310,277,000’’ and inserting 

19 ‘‘$376,446,000’’. 

20 SEC. 1311. None of the funds appropriated or other21 wise made available by this or any other Act shall be obli22 gated or expended by the United States Government for 

23 a purpose as follows: 


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1 (1) To establish any military installation or 

2 base for the purpose of providing for the permanent 

3 stationing of United States Armed Forces in Iraq. 

4 (2) To exercise United States control over any 

5 oil resource of Iraq. 

6 (TRANSFER OF FUNDS)

7 SEC. 1312. (a) Of the funds appropriated or made 

8 available in this chapter under the heading ‘‘Operation 

9 and Maintenance, Defense-Wide’’, up to $100,000,000 

10 may be made available for transfer to the Department of 

11 State ‘‘Economic Support Fund’’ account to support pro12 vincial reconstruction teams in Iraq and Afghanistan: Pro13 vided, That these funds may be transferred by the Sec14 retary of Defense only if he determines such amounts are 

15 required to assist in reconstruction efforts in Iraq and Af16 ghanistan. 

17 (b) The transfer authority in this section is in addi18 tion to any other transfer authority available to the De19 partment of Defense. 

20 (c) The Secretary shall, not fewer than five days prior 

21 to making transfers under this authority, notify the con22 gressional defense committees in writing of the details of 

23 such transfer. 

24 SEC. 1313. None of the funds made available in this 

25 Act may be used in contravention of the following laws 

26 enacted or regulations promulgated to implement the 


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1 United Nations Convention Against Torture and Other 

2 Cruel, Inhuman or Degrading Treatment or Punishment 

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

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

5 Code; 

6 (2) Section 2242 of the Foreign Affairs Reform 

7 and Restructuring Act of 1998 (division G of Public 

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

9 note) and regulations prescribed thereto, including 

10 regulations under part 208 of title 8, Code of Fed11 eral Regulations, and part 95 of title 22, Code of 

12 Federal Regulations; 

13 (3) Sections 1002 and 1003 of the Department 

14 of Defense, Emergency Supplemental Appropriations 

15 to Address Hurricanes in the Gulf of Mexico, and 

16 Pandemic Influenza Act, 2006 (Public Law 109– 

17 148); and 

18 (4) The limitation included in this section also 

19 applies to renditions. 

20 SEC. 1314. (a) Not more than 50 percent of the 

21 amount of the funds appropriated by this Act under each 

22 of the headings ‘‘Iraq Security Forces Fund’’ and ‘‘Af23 ghanistan Security Forces Fund’’ shall be available for ob24 ligation or expenditure until the Secretary of Defense sub25 mits the initial report required by subsection (b) and the 


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1 Director of the Office of Management and Budget submits 

2 the initial report required by subsection (c). 

3 (b) REPORT BY SECRETARY OF DEFENSE.— 

4 (1) The Secretary of Defense shall submit to 

5 the congressional defense committees a report that 

6 contains individual transition readiness assessments 

7 by unit of Iraq and Afghan security forces. The Sec8 retary of Defense shall submit to the congressional 

9 defense committees updates of the report required 

10 by this subsection on a monthly basis until October 

11 1, 2008. The report and updates of the report re12 quired by this subsection shall be submitted in clas13 sified form. 

14 (2) In this subsection, the term ‘‘congressional 

15 defense committees’’ means the Committees on Ap16 propriations and Armed Services of the House of 

17 Representatives and the Committees on Appropria18 tions and Armed Services of the Senate. 

19 (c) REPORT BY OMB.— 

20 (1) The Director of the Office of Management 

21 and Budget, in consultation with the Secretary of 

22 Defense; the Commander, Multi-National Security 

23 Transition Command—Iraq; the Commander, Com24 bined Security Transition Command—Afghanistan; 

25 and the Committees on Appropriations of the House 


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1 of Representatives and the Senate, shall submit to 

2 the Committees on Appropriations not later than 60 

3 days after the date of the enactment of this Act and 

4 every 90 days thereafter a report on the proposed 

5 use of all funds under each of the headings ‘‘Iraq 

6 Security Forces Fund’’ and ‘‘Afghanistan Security 

7 Forces Fund’’ on a project-by-project basis, for 

8 which the obligation of funds is anticipated during 

9 the three month period from such date, including es10 timates by the commanders referred to in this para11 graph of the costs required to complete each such 

12 project. 

13 (2) The report required by this subsection shall 

14 include the following: 

15 (A) The use of all funds on a project-by16 project basis for which funds appropriated 

17 under the headings referred to in paragraph (1) 

18 were obligated prior to the submission of the re19 port, including estimates by the commanders 

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

21 complete each project. 

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

24 under the headings referred to in paragraph (1) 

25 in prior appropriations Acts, or for which funds 


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1 were made available by transfer, reprogram2 ming, or allocation from other headings in prior 

3 appropriations Acts, including estimates by the 

4 commanders referred to in paragraph (1) of the 

5 costs to complete each project. 

6 (C) An estimated total cost to train and 

7 equip the Iraq and Afghan security forces, 

8 disaggregated by major program and sub-ele9 ments by force, arrayed by fiscal year. 

10 (d) NOTIFICATION.—The Secretary of Defense shall 

11 notify the Committees on Appropriations of the House of 

12 Representatives and the Senate of any proposed new 

13 projects or transfers of funds between sub-activity groups 

14 in excess of $15,000,000 using funds appropriated by this 

15 Act under the headings ‘‘Iraq Security Forces Fund’’ and 

16 ‘‘Afghanistan Security Forces Fund’’. 

17 SEC. 1315. None of the funds appropriated or other18 wise made available by this chapter may be obligated or 

19 expended to provide award fees to any defense contractor 

20 contrary to the provisions of section 814 of the National 

21 Defense Authorization Act, FY 2007 (Public Law 109– 

22 364). 

23 SEC. 1316. (a) Not more than 90 percent of the 

24 funds appropriated in this chapter for operation and main25 tenance shall be available for obligation unless and until 


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1 the Secretary of Defense submits to the congressional de2 fense committees a report detailing the use of contracted 

3 services in support of United States military and recon4 struction activities in Iraq and Afghanistan: Provided, 

5 That the Secretary of Defense shall prepare the report in 

6 consultation with the Director of the Office of Manage7 ment and Budget and the Secretary of State: Provided 

8 further, That the report shall provide detailed information 

9 specifying the number of contracts, private contractors, 

10 and contractor personnel used to provide services in fiscal 

11 year 2006, with sub-allocations by major service cat12 egories: Provided further, That the report also shall in13 clude estimates of the number of contracts to be executed 

14 in fiscal year 2007 with the associated number of contrac15 tors and contractor personnel, and provide information re16 garding the Federal department(s) or agency(s) respon17 sible for executing these contracts: Provided further, That 

18 the report shall be submitted to the congressional defense 

19 committees not later than 90 days after enactment of this 

20 Act. 

21 (b) Amounts appropriated for operation and mainte22 nance in this chapter are hereby reduced by $815,000,000 

23 to reflect savings attributable to efficiencies and manage24 ment improvements in the funding of contracts in the mili25 tary departments: Provided, That the Secretary of Defense 


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1 shall allocate this reduction proportionally to each oper2 ation and maintenance account contained in this chapter: 

3 Provided further, That the Secretary of Defense shall, not 

4 fewer than five days prior to making such reductions, no5 tify the congressional defense committees in writing of the 

6 details of such reductions. 

7 SEC. 1317. Section 1477 of title 10, United States 

8 Code, is amended— 

9 (1) in subsection (a), by striking ‘‘A death gra10 tuity’’ and inserting ‘‘Subject to subsection (d), a 

11 death gratuity’’; 

12 (2) by redesignating subsection (d) as sub13 section (e) and, in such subsection, by striking ‘‘If 

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

15 a person entitled to all or a portion of a death gra16 tuity under subsection (a) or (d) dies before the per17 son’’ ; and 

18 (3) by inserting after subsection (c) the fol19 lowing new subsection (d): 

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

21 enactment of this subsection and ending on September 30, 

22 2007, a person covered by section 1475 or 1476 of this 

23 title may designate another person to receive not more 

24 than 50 percent of the amount payable under section 1478 

25 of this title. The designation shall indicate the percentage 


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1 of the amount, to be specified only in 10 percent incre2 ments up to the maximum of 50 percent, that the des3 ignated person may receive. The balance of the amount 

4 of the death gratuity shall be paid to or for the living sur5 vivors of the person concerned in accordance with para6 graphs (1) through (5) of subsection (a).’’. 

7 SEC. 1318. Section 9007 of division A of Public Law 

8 109–289 is amended by striking ‘‘20’’ and inserting 

9 ‘‘170’’. 

10 SEC. 1319. Section 1403(a) of the Floyd D. Spence 

11 National Defense Authorization Act for Fiscal Year 2001 

12 (as enacted into law by Public Law 106–398), as amended 

13 by section 1052 of the National Defense Authorization Act 

14 for Fiscal Year 2006 (Public Law 109–163) and section 

15 1073 of the John Warner National Defense Authorization 

16 Act for Fiscal Year 2007 (Public Law 109–364), is 

17 amended by striking ‘‘September 30, 2007’’ and inserting 

18 ‘‘June 30, 2008’’. 

19 SEC. 1320. There is appropriated to the Secretary of 

20 Defense such sums as may be necessary to implement the 

21 recommendations of the Army Inspector General with re22 gard to trained military attorneys dedicated to rep23 resenting soldiers who are pursuing claims before physical 

24 evaluation boards and earlier in the Army disability eval25 uation system process. 


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1 CHAPTER 4 

2 DEPARTMENT OF ENERGY 

3 ATOMIC ENERGY DEFENSE ACTIVITIES 

4 NATIONAL NUCLEAR SECURITY ADMINISTRATION

5 DEFENSE NUCLEAR NONPROLIFERATION

6 For an additional amount for ‘‘Defense Nuclear Non7 proliferation’’, $150,000,000, to remain available until ex8 pended: Provided, That the amount provided under this 

9 heading is designated as making appropriations for contin10 gency operations directly related to the global war on ter11 rorism, and other unanticipated defense-related oper12 ations, pursuant to section 402 of H. Con. Res. 376 

13 (109th Congress), as made applicable to the House of 

14 Representatives by section 511(a)(4) of H. Res. 6 (110th 

15 Congress). 

16 CHAPTER 5 

17 DEPARTMENT OF HOMELAND SECURITY 

18 DEPARTMENTAL MANAGEMENT AND OPERATIONS

19 ANALYSIS AND OPERATIONS

20 For an additional amount for ‘‘Analysis and Oper21 ations’’, $35,000,000, to remain available until September 

22 30, 2008, to be used for expansion of the State and Local 

23 Fusion Center program: Provided, That the amount pro24 vided under this heading is designated as making appro25 priations for contingency operations directly related to the 


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1 global war on terrorism, and other unanticipated defense2 related operations, pursuant to section 402 of H. Con. 

3 Res. 376 (109th Congress), as made applicable to the 

4 House of Representatives by section 511(a)(4) of H. Res. 

5 6 (110th Congress). 

6 CUSTOMS AND BORDER PROTECTION

7 SALARIES AND EXPENSES

8 (INCLUDING TRANSFER OF FUNDS)

9 For an additional amount for ‘‘Salaries and Ex10 penses’’, $100,000,000, to remain available until Sep11 tember 30, 2008, to be used to increase the number of 

12 inspectors, intelligence analysts and support staff respon13 sible for container security inspections, and for other ef14 forts to improve supply chain security: Provided, That up 

15 to $1,000,000 shall be transferred to ‘‘Salaries and Ex16 penses, Federal Law Enforcement Training Center’’ for 

17 basic training costs: Provided further, That the amount 

18 provided under this heading is designated as making ap19 propriations for contingency operations directly related to 

20 the global war on terrorism, and other unanticipated de21 fense-related operations, pursuant to section 402 of H. 

22 Con. Res. 376 (109th Congress), as made applicable to 

23 the House of Representatives by section 511(a)(4) of H. 

24 Res. 6 (110th Congress). 


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1 AIR AND MARINE INTERDICTION, OPERATIONS, 

2 MAINTENANCE, AND PROCUREMENT

3 For an additional amount for ‘‘Air and Marine Inter4 diction, Operations, Maintenance, and Procurement’’, 

5 $150,000,000, to remain available until September 30, 

6 2008, to be used to complete and expand airwings on the 

7 Northern Border: Provided, That the amount provided 

8 under this heading is designated as making appropriations 

9 for contingency operations directly related to the global 

10 war on terrorism, and other unanticipated defense-related 

11 operations, pursuant to section 402 of H. Con. Res. 376 

12 (109th Congress), as made applicable to the House of 

13 Representatives by section 511(a)(4) of H. Res. 6 (110th 

14 Congress). 

15 TRANSPORTATION SECURITY ADMINISTRATION

16 AVIATION SECURITY

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

18 $1,250,000,000, to remain available until expended: Pro19 vided, That of the total amount provided under this head20 ing, $1,000,000,000 shall be for explosive detection pro21 curement and installation, $90,000,000 shall be for expan22 sion of checkpoint explosive detection pilot systems, and 

23 $160,000,000 shall be for screening of cargo carried on 

24 passenger aircraft: Provided further, That the amount pro25 vided under this heading is designated as making appro26 priations for contingency operations directly related to the 


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1 global war on terrorism, and other unanticipated defense2 related operations, pursuant to section 402 of H. Con. 

3 Res. 376 (109th Congress), as made applicable to the 

4 House of Representatives by section 511(a)(4) of H. Res. 

5 6 (110th Congress). 

6 NATIONAL PROTECTION AND PROGRAMS

7 INFRASTRUCTURE PROTECTION AND INFORMATION

8 SECURITY

9 For an additional amount for ‘‘Infrastructure Protec10 tion and Information Security’’, $25,000,000, to remain 

11 available until September 30, 2008, to be used for develop12 ment of State and local interoperability plans in conjunc13 tion with the SAFECOM program office: Provided, That 

14 the amount provided under this heading is designated as 

15 making appropriations for contingency operations directly 

16 related to the global war on terrorism, and other unantici17 pated defense-related operations, pursuant to section 402 

18 of H. Con. Res. 376 (109th Congress), as made applicable 

19 to the House of Representatives by section 511(a)(4) of 

20 H. Res. 6 (110th Congress). 

21 FEDERAL EMERGENCY MANAGEMENT AGENCY

22 SALARIES AND EXPENSES

23 For salaries and expenses of the Federal Emergency 

24 Management Agency, $25,000,000, to remain available 

25 until September 30, 2008, for regional disaster commuVerDate Aug 31 2005 03:42 Mar 21, 2007 Jkt 059200 PO 00000 Frm 00047 Fmt 6652 Sfmt 6201 E:\BILLS\H1591.RH H1591

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1 nications capability and support for mutual aid agree2 ments: Provided, That the amount provided under this 

3 heading is designated as making appropriations for contin4 gency operations directly related to the global war on ter5 rorism, and other unanticipated defense-related oper6 ations, pursuant to section 402 of H. Con. Res. 376 

7 (109th Congress), as made applicable to the House of 

8 Representatives by section 511(a)(4) of H. Res. 6 (110th 

9 Congress). 

10 STATE AND LOCAL PROGRAMS

11 For an additional amount for ‘‘State and Local Pro12 grams’’, $415,000,000, of which $190,000,000 shall be for 

13 port security grants and $225,000,000 shall be for inter14 city rail passenger transportation, freight rail, and transit 

15 security grants: Provided, That the amount provided 

16 under this heading is designated as making appropriations 

17 for contingency operations directly related to the global 

18 war on terrorism, and other unanticipated defense-related 

19 operations, pursuant to section 402 of H. Con. Res. 376 

20 (109th Congress), as made applicable to the House of 

21 Representatives by section 511(a)(4) of H. Res. 6 (110th 

22 Congress). 

23 EMERGENCY MANAGEMENT PERFORMANCE GRANTS

24 For an additional amount for ‘‘Emergency Manage25 ment Performance Grants’’, $100,000,000: Provided, 

26 That the amount provided under this heading is desVerDate Aug 31 2005 03:42 Mar 21, 2007 Jkt 059200 PO 00000 Frm 00048 Fmt 6652 Sfmt 6201 E:\BILLS\H1591.RH H1591

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1 ignated as making appropriations for contingency oper2 ations directly related to the global war on terrorism, and 

3 other unanticipated defense-related operations, pursuant 

4 to section 402 of H. Con. Res. 376 (109th Congress), as 

5 made applicable to the House of Representatives by sec6 tion 511(a)(4) of H. Res. 6 (110th Congress). 

7 DOMESTIC NUCLEAR DETECTION OFFICE

8 SYSTEMS ACQUISITION

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

10 $400,000,000, to remain available until expended: Pro11 vided, That the amount provided under this heading is 

12 designated as making appropriations for contingency oper13 ations directly related to the global war on terrorism, and 

14 other unanticipated defense-related operations, pursuant 

15 to section 402 of H. Con. Res. 376 (109th Congress), as 

16 made applicable to the House of Representatives by sec17 tion 511(a)(4) of H. Res. 6 (110th Congress). 

18 GENERAL PROVISIONS—THIS CHAPTER 

19 SEC. 1501. (a) LIMITATION ON USE OF FUNDS.— 

20 (1) IN GENERAL.—None of the funds made 

21 available in this or any other Act shall be used by 

22 the Secretary of Homeland Security to approve a 

23 site security plan for a chemical facility, unless the 

24 facility meets or exceeds security standards or re25 quirements established for such a facility by the 


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1 State or local government for the area where the fa2 cility is located. 

3 (2) DEFINITIONS.—In this subsection, each of 

4 the terms ‘‘site security plan’’ and ‘‘chemical facil5 ity’’ has the meaning that the term has in section 

6 550 of the Department of Homeland Security Ap7 propriations Act, 2007 (Public Law 109–295; 120 

8 Stat. 1388). 

9 (b) AMENDMENTS.—Section 550 of the Department 

10 of Homeland Security Appropriations Act, 2007 (Public 

11 Law 109–295; 120 Stat. 1388) is amended— 

12 (1) in subsection (a), by striking ‘‘the Secretary 

13 may not disapprove a site security plan submitted 

14 under this section based on the presence or absence 

15 of a particular security measure, but’’; 

16 (2) in subsection (c), by striking ‘‘consistent 

17 with similar’’ and inserting ‘‘identical to the protec18 tions given’’; 

19 (3) in subsection (c), by striking ‘‘, site security 

20 plans, and other information submitted to or ob21 tained by the Secretary under this section, and re22 lated vulnerability or security information, shall be 

23 treated as if the information were classified mate24 rial’’ and inserting ‘‘and site security plans shall be 

25 treated as sensitive security information (as that 


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

2 Federal Regulations)’’; and 

3 (4) in subsection (d), by striking ‘‘: Provided, 

4 That nothing in this section confers upon any person 

5 except the Secretary a right of action against an 

6 owner or operator of a chemical facility to enforce 

7 any provision of this section’’. 

8 CHAPTER 6 

9 LEGISLATIVE BRANCH 

10 HOUSE OF REPRESENTATIVES 

11 SALARIES AND EXPENSES

12 For an additional amount for ‘‘Salaries and Ex13 penses’’, $6,437,000, as follows: 

14 ALLOWANCES AND EXPENSES

15 For an additional amount for allowances and ex16 penses as authorized by House resolution or law, 

17 $6,437,000 for business continuity and disaster recovery, 

18 to remain available until expended: Provided, That the 

19 amount provided under this heading is designated as mak20 ing appropriations for contingency operations directly re21 lated to the global war on terrorism, and other unantici22 pated defense-related operations, pursuant to section 402 

23 of H. Con. Res. 376 (109th Congress), as made applicable 

24 to the House of Representatives by section 511(a)(4) of 

25 H. Res. 6 (110th Congress). 


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1 CHAPTER 7 

2 DEPARTMENT OF DEFENSE 

3 MILITARY CONSTRUCTION, ARMY

4 For an additional amount for ‘‘Military Construction, 

5 Army’’, $1,329,240,000, to remain available until Sep6 tember 30, 2008: Provided, That notwithstanding any 

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

8 expended to carry out planning and design and military 

9 construction projects not otherwise authorized by law: 

10 Provided further, That of the funds provided under this 

11 heading, not to exceed $168,200,000 shall be available for 

12 study, planning, design, and architect and engineer serv13 ices: Provided further, That of the funds provided under 

14 this heading, $25,600,000 shall not be obligated or ex15 pended until the Secretary of Defense submits an updated 

16 1391 form that addresses the actual housing requirement 

17 for the Consolidated Compound in Kabul, Afghanistan, to 

18 the Committees on Appropriations of the House of Rep19 resentatives and Senate and an approval is issued: Pro20 vided further, That of the funds made available under this 

21 heading, $369,690,000 shall not be obligated or expended 

22 until the Secretary of Defense submits a detailed report 

23 explaining how military road construction is coordinated 

24 with NATO and coalition nations: Provided further, That 

25 of the funds made available under this heading, 


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1 $401,700,000 shall not be obligated or expended until the 

2 Secretary of Defense submits a detailed spending plan, in3 cluding a 1391 form for each project, to support Army 

4 end-strength growth to the Committees on Appropriations 

5 of the House of Representatives and Senate and an ap6 proval is issued: Provided further, That the amount pro7 vided under this heading is designated as making appro8 priations for contingency operations directly related to the 

9 global war on terrorism, and other unanticipated defense10 related operations, pursuant to section 402 of H. Con. 

11 Res. 376 (109th Congress), as made applicable to the 

12 House of Representatives by section 511(a)(4) of H. Res. 

13 6 (110th Congress). 

14 MILITARY CONSTRUCTION, NAVY AND MARINE CORPS

15 For an additional amount for ‘‘Military Construction, 

16 Navy and Marine Corps’’, $389,300,000, to remain avail17 able until September 30, 2008: Provided, That notwith18 standing any other provision of law, such funds may be 

19 obligated and expended to carry out planning and design 

20 and military construction projects not otherwise author21 ized by law: Provided further, That of the funds provided 

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

23 available for study, planning, design, and architect and en24 gineer services: Provided further, That of the funds made 

25 available under this heading, $200,000,000 shall not be 


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1 obligated or expended until the Secretary of Defense sub2 mits a detailed spending plan, including a 1391 form, for 

3 each project to support Marine Corps end-strength growth 

4 to the Committees on Appropriations of the House of Rep5 resentatives and Senate and an approval is issued: Pro6 vided further, That the amount provided under this head7 ing is designated as making appropriations for contin8 gency operations directly related to the global war on ter9 rorism, and other unanticipated defense-related oper10 ations, pursuant to section 402 of H. Con. Res. 376 

11 (109th Congress), as made applicable to the House of 

12 Representatives by section 511(a)(4) of H. Res. 6 (110th 

13 Congress). 

14 MILITARY CONSTRUCTION, AIR FORCE

15 For an additional amount for ‘‘Military Construction, 

16 Air Force’’, $60,200,000, to remain available until Sep17 tember 30, 2008: Provided, That notwithstanding any 

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

19 expended to carry out planning and design and military 

20 construction projects not otherwise authorized by law: 

21 Provided further, That of the funds provided under this 

22 heading, not to exceed $3,900,000 shall be available for 

23 study, planning, design, and architect and engineer serv24 ices: Provided further, That the amount provided under 

25 this heading is designated as making appropriations for 


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1 contingency operations directly related to the global war 

2 on terrorism, and other unanticipated defense-related op3 erations, pursuant to section 402 of H. Con. Res. 376 

4 (109th Congress), as made applicable to the House of 

5 Representatives by section 511(a)(4) of H. Res. 6 (110th 

6 Congress). 

7 DEPARTMENT OF DEFENSE BASE CLOSURE ACCOUNT

8 2005 

9 For deposit into the Department of Defense Base 

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

11 of the Defense Base Closure and Realignment Act of 1990 

12 (10 U.S.C. 2687 note), $3,136,802,000, to remain avail13 able until expended: Provided, That within 30 days of the 

14 enactment of this Act, the Secretary of Defense shall sub15 mit a detailed spending plan to the Committees on Appro16 priations of the House of Representatives and Senate: 

17 Provided further, That the amount provided under this 

18 heading is designated as making appropriations for contin19 gency operations directly related to the global war on ter20 rorism, and other unanticipated defense-related oper21 ations, pursuant to section 402 of H. Con. Res. 376 

22 (109th Congress), as made applicable to the House of 

23 Representatives by section 511(a)(4) of H. Res. 6 (110th 

24 Congress). 


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1 DEPARTMENT OF VETERANS AFFAIRS 

2 VETERANS BENEFITS ADMINISTRATION

3 COMPENSATION AND PENSIONS

4 For an additional amount for ‘‘Compensation and 

5 Pensions’’, $20,000,000, to remain available until ex6 pended, for a pilot program for disability examinations as 

7 authorized by law (38 U.S.C. 5101 note). 

8 VETERANS HEALTH ADMINISTRATION

9 MEDICAL SERVICES

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

11 $414,982,000, to remain available until expended, of 

12 which $30,000,000 shall be for a new Level I comprehen13 sive polytrauma center; $56,000,000 shall be for pros14 thetics; $100,000,000 shall be for contract mental health 

15 care when appointment waiting times exceed 30 days; and 

16 $228,982,000 shall be for treatment of veterans of the 

17 global war on terror: Provided, That the amount provided 

18 under this heading is designated as making appropriations 

19 for contingency operations directly related to the global 

20 war on terrorism, and other unanticipated defense-related 

21 operations, pursuant to section 402 of H. Con. Res. 376 

22 (109th Congress), as made applicable to the House of 

23 Representatives by section 511(a)(4) of H. Res. 6 (110th 

24 Congress). 


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1 MEDICAL ADMINISTRATION

2 For an additional amount for ‘‘Medical Administra3 tion’’, $256,300,000, to remain available until expended, 

4 of which $6,300,000 shall be used for polytrauma support 

5 clinic teams for case management: Provided, That the 

6 amount provided under this heading is designated as mak7 ing appropriations for contingency operations directly re8 lated to the global war on terrorism, and other unantici9 pated defense-related operations, pursuant to section 402 

10 of H. Con. Res. 376 (109th Congress), as made applicable 

11 to the House of Representatives by section 511(a)(4) of 

12 H. Res. 6 (110th Congress). 

13 MEDICAL FACILITIES

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

15 $595,000,000, to remain available until expended, of 

16 which $45,000,000 shall be used for upgrades to 

17 polytrauma care centers; and $550,000,000 shall be for 

18 non-recurring maintenance as identified in the Depart19 ment of Veterans Affairs Facility Condition Assessment 

20 report: Provided, That the amount provided under this 

21 heading is designated as making appropriations for contin22 gency operations directly related to the global war on ter23 rorism, and other unanticipated defense-related oper24 ations, pursuant to section 402 of H. Con. Res. 376 

25 (109th Congress), as made applicable to the House of 


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1 Representatives by section 511(a)(4) of H. Res. 6 (110th 

2 Congress). 

3 MEDICAL AND PROSTHETIC RESEARCH

4 For an additional amount for ‘‘Medical and Pros5 thetic Research’’, $35,000,000, to remain available until 

6 expended, which shall be used for research initiatives re7 lated to Operation Iraqi Freedom/Operation Enduring 

8 Freedom survivors: Provided, That the amount provided 

9 under this heading is designated as making appropriations 

10 for contingency operations directly related to the global 

11 war on terrorism, and other unanticipated defense-related 

12 operations, pursuant to section 402 of H. Con. Res. 376 

13 (109th Congress), as made applicable to the House of 

14 Representatives by section 511(a)(4) of H. Res. 6 (110th 

15 Congress). 

16 DEPARTMENTAL ADMINISTRATION

17 GENERAL OPERATING EXPENSES

18 For an additional amount for ‘‘General Operating 

19 Expenses’’, $62,000,000, to remain available until ex20 pended, of which $1,250,000 shall be for digitization of 

21 records and $60,750,000 shall be for expenses related to 

22 hiring and training new claims processing personnel: Pro23 vided, That the amount provided under this heading is 

24 designated as making appropriations for contingency oper25 ations directly related to the global war on terrorism, and 

26 other unanticipated defense-related operations, pursuant 


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1 to section 402 of H. Con. Res. 376 (109th Congress), as 

2 made applicable to the House of Representatives by sec3 tion 511(a)(4) of H. Res. 6 (110th Congress). 

4 INFORMATION TECHNOLOGY SYSTEMS

5 For an additional amount for ‘‘Information Tech6 nology Systems’’, $35,000,000, to remain available until 

7 expended, for system development upgrades to address 

8 global war on terror requirements: Provided, That the 

9 amount provided under this heading is designated as mak10 ing appropriations for contingency operations directly re11 lated to the global war on terrorism, and other unantici12 pated defense-related operations, pursuant to section 402 

13 of H. Con. Res. 376 (109th Congress), as made applicable 

14 to the House of Representatives by section 511(a)(4) of 

15 H. Res. 6 (110th Congress). 

16 CONSTRUCTION, MAJOR PROJECTS

17 For an additional amount for ‘‘Construction, Major 

18 Projects’’, $23,800,000, to remain available until ex19 pended, which shall be for the authorized completion of 

20 a spinal cord injury center: Provided, That the amount 

21 provided under this heading is designated as making ap22 propriations for contingency operations directly related to 

23 the global war on terrorism, and other unanticipated de24 fense-related operations, pursuant to section 402 of H. 

25 Con. Res. 376 (109th Congress), as made applicable to 


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1 the House of Representatives by section 511(a)(4) of H. 

2 Res. 6 (110th Congress). 

3 CONSTRUCTION, MINOR PROJECTS

4 For an additional amount for ‘‘Construction, Minor 

5 Projects’’, $260,000,000, to remain available until ex6 pended: Provided, That the amount provided under this 

7 heading is designated as making appropriations for contin8 gency operations directly related to the global war on ter9 rorism, and other unanticipated defense-related oper10 ations, pursuant to section 402 of H. Con. Res. 376 

11 (109th Congress), as made applicable to the House of 

12 Representatives by section 511(a)(4) of H. Res. 6 (110th 

13 Congress). 

14 CHAPTER 8 

15 DEPARTMENT OF STATE 

16 ADMINISTRATION OF FOREIGN AFFAIRS

17 DIPLOMATIC AND CONSULAR PROGRAMS

18 (INCLUDING TRANSFER OF FUNDS)

19 For an additional amount for ‘‘Diplomatic and Con20 sular Programs’’, $966,954,000, to remain available until 

21 September 30, 2008, of which $102,155,000 for World 

22 Wide Security Upgrades is available until expended: Pro23 vided, That of the amount available under this heading, 

24 $258,000 shall be transferred to, and merged with, funds 

25 available in fiscal year 2007 for expenses for the United 

26 States Commission on International Religious Freedom: 


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1 Provided further, That $395,000,000 of the amount avail2 able for Iraq operations shall not be obligated until the 

3 Committee on Appropriations of the House of Representa4 tives receives and approves a detailed plan for expenditure, 

5 prepared by the Secretary of State, and submitted within 

6 60 days after the date of enactment of this Act: Provided 

7 further, That up to $50,000,000 may be made available 

8 to establish and maintain a civilian reserve corps: Provided 

9 further, That none of the funds for a civilian reserve corps 

10 may be obligated without specific authorization in a subse11 quent Act of Congress: Provided further, That the amount 

12 provided under this heading is designated as making ap13 propriations for contingency operations directly related to 

14 the global war on terrorism, and other unanticipated de15 fense-related operations, pursuant to section 402 of H. 

16 Con. Res. 376 (109th Congress), as made applicable to 

17 the House of Representatives by section 511(a)(4) of H. 

18 Res. 6 (110th Congress). 

19 OFFICE OF THE INSPECTOR GENERAL

20 (INCLUDING TRANSFER OF FUNDS)

21 For an additional amount for ‘‘Office of Inspector 

22 General’’, $46,800,000, to remain available until Decem23 ber 31, 2008: Provided, That $45,500,000 shall be trans24 ferred to the Special Inspector General for Iraq Recon25 struction for reconstruction oversight: Provided further, 

26 That the amount provided under this heading is desVerDate Aug 31 2005 03:42 Mar 21, 2007 Jkt 059200 PO 00000 Frm 00061 Fmt 6652 Sfmt 6201 E:\BILLS\H1591.RH H1591

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1 ignated as making appropriations for contingency oper2 ations directly related to the global war on terrorism, and 

3 other unanticipated defense-related operations, pursuant 

4 to section 402 of H. Con. Res. 376 (109th Congress), as 

5 made applicable to the House of Representatives by sec6 tion 511(a)(4) of H. Res. 6 (110th Congress). 

7 EDUCATIONAL AND CULTURAL EXCHANGE PROGRAMS

8 For an additional amount for ‘‘Educational and Cul9 tural Exchange Programs’’, $20,000,000, to remain avail10 able until expended: Provided, That the amount provided 

11 under this heading is designated as making appropriations 

12 for contingency operations directly related to the global 

13 war on terrorism, and other unanticipated defense-related 

14 operations, pursuant to section 402 of H. Con. Res. 376 

15 (109th Congress), as made applicable to the House of 

16 Representatives by section 511(a)(4) of H. Res. 6 (110th 

17 Congress). 

18 INTERNATIONAL ORGANIZATIONS

19 CONTRIBUTIONS FOR INTERNATIONAL PEACEKEEPING

20 ACTIVITIES

21 For an additional amount for ‘‘Contributions for 

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

23 remain available until September 30, 2008: Provided, 

24 That the amount provided under this heading is des25 ignated as making appropriations for contingency operVerDate Aug 31 2005 03:42 Mar 21, 2007 Jkt 059200 PO 00000 Frm 00062 Fmt 6652 Sfmt 6201 E:\BILLS\H1591.RH H1591

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1 ations directly related to the global war on terrorism, and 

2 other unanticipated defense-related operations, pursuant 

3 to section 402 of H. Con. Res. 376 (109th Congress), as 

4 made applicable to the House of Representatives by sec5 tion 511(a)(4) of H. Res. 6 (110th Congress). 

6 RELATED AGENCY 

7 BROADCASTING BOARD OF GOVERNORS

8 INTERNATIONAL BROADCASTING OPERATIONS

9 For an additional amount for ‘‘International Broad10 casting Operations’’, for activities related to broadcasting 

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

12 September 30, 2008: Provided, That the amount provided 

13 under this heading is designated as making appropriations 

14 for contingency operations directly related to the global 

15 war on terrorism, and other unanticipated defense-related 

16 operations, pursuant to section 402 of H. Con. Res. 376 

17 (109th Congress), as made applicable to the House of 

18 Representatives by section 511(a)(4) of H. Res. 6 (110th 

19 Congress). 

20 BILATERAL ECONOMIC ASSISTANCE 

21 FUNDS APPROPRIATED TO THE PRESIDENT

22 UNITED STATES AGENCY FOR INTERNATIONAL

23 DEVELOPMENT

24 CHILD SURVIVAL AND HEALTH PROGRAMS FUND

25 For an additional amount for ‘‘Child Survival and 

26 Health Programs Fund’’, $161,000,000, to remain availVerDate Aug 31 2005 03:42 Mar 21, 2007 Jkt 059200 PO 00000 Frm 00063 Fmt 6652 Sfmt 6201 E:\BILLS\H1591.RH H1591

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1 able until September 30, 2008: Provided, That the amount 

2 provided under this heading is designated as making ap3 propriations for contingency operations directly related to 

4 the global war on terrorism, and other unanticipated de5 fense-related operations, pursuant to section 402 of H. 

6 Con. Res. 376 (109th Congress), as made applicable to 

7 the House of Representatives by section 511(a)(4) of H. 

8 Res. 6 (110th Congress). 

9 INTERNATIONAL DISASTER AND FAMINE ASSISTANCE

10 For an additional amount for ‘‘International Disaster 

11 and Famine Assistance’’, $135,000,000, to remain avail12 able until expended: Provided, That the amount provided 

13 under this heading is designated as making appropriations 

14 for contingency operations directly related to the global 

15 war on terrorism, and other unanticipated defense-related 

16 operations, pursuant to section 402 of H. Con. Res. 376 

17 (109th Congress), as made applicable to the House of 

18 Representatives by section 511(a)(4) of H. Res. 6 (110th 

19 Congress). 

20 OPERATING EXPENSES OF THE UNITED STATES AGENCY

21 FOR INTERNATIONAL DEVELOPMENT

22 For an additional amount for ‘‘Operating Expenses 

23 of the United States Agency for International Develop24 ment’’, $10,700,000, to remain available until September 

25 30, 2008: Provided, That the amount provided under this 

26 heading is designated as making appropriations for continVerDate Aug 31 2005 03:42 Mar 21, 2007 Jkt 059200 PO 00000 Frm 00064 Fmt 6652 Sfmt 6201 E:\BILLS\H1591.RH H1591

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1 gency operations directly related to the global war on ter2 rorism, and other unanticipated defense-related oper3 ations, pursuant to section 402 of H. Con. Res. 376 

4 (109th Congress), as made applicable to the House of 

5 Representatives by section 511(a)(4) of H. Res. 6 (110th 

6 Congress). 

7 OPERATING EXPENSES OF THE UNITED STATES AGENCY

8 FOR INTERNATIONAL DEVELOPMENT OFFICE OF IN9 SPECTOR GENERAL

10 For an additional amount for ‘‘Operating Expenses 

11 of the United States Agency for International Develop12 ment Office of Inspector General’’, $3,500,000, to remain 

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

14 amount provided under this heading is designated as mak15 ing appropriations for contingency operations directly re16 lated to the global war on terrorism, and other unantici17 pated defense-related operations, pursuant to section 402 

18 of H. Con. Res. 376 (109th Congress), as made applicable 

19 to the House of Representatives by section 511(a)(4) of 

20 H. Res. 6 (110th Congress). 

21 OTHER BILATERAL ECONOMIC ASSISTANCE

22 ECONOMIC SUPPORT FUND

23 For an additional amount for ‘‘Economic Support 

24 Fund’’, $2,953,000,000, to remain available until Sep25 tember 30, 2008: Provided, That the amount provided 

26 under this heading is designated as making appropriations 


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1 for contingency operations directly related to the global 

2 war on terrorism, and other unanticipated defense-related 

3 operations, pursuant to section 402 of H. Con. Res. 376 

4 (109th Congress), as made applicable to the House of 

5 Representatives by section 511(a)(4) of H. Res. 6 (110th 

6 Congress). 

7 ASSISTANCE FOR EASTERN EUROPE AND THE BALTIC

8 STATES

9 For an additional amount for ‘‘Assistance for East10 ern Europe and the Baltic States’’, $239,000,000, to re11 main available until September 30, 2008: Provided, That 

12 the amount provided under this heading is designated as 

13 making appropriations for contingency operations directly 

14 related to the global war on terrorism, and other unantici15 pated defense-related operations, pursuant to section 402 

16 of H. Con. Res. 376 (109th Congress), as made applicable 

17 to the House of Representatives by section 511(a)(4) of 

18 H. Res. 6 (110th Congress). 

19 DEPARTMENT OF STATE

20 INTERNATIONAL NARCOTICS CONTROL AND LAW

21 ENFORCEMENT

22 For an additional amount for ‘‘International Nar23 cotics Control and Law Enforcement’’, $334,500,000, to 

24 remain available until September 30, 2008: Provided, 

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1 ations directly related to the global war on terrorism, and 

2 other unanticipated defense-related operations, pursuant 

3 to section 402 of H. Con. Res. 376 (109th Congress), as 

4 made applicable to the House of Representatives by sec5 tion 511(a)(4) of H. Res. 6 (110th Congress). 

6 MIGRATION AND REFUGEE ASSISTANCE

7 For an additional amount for ‘‘Migration and Ref8 ugee Assistance’’, $111,500,000, to remain available until 

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

10 under this heading is designated as making appropriations 

11 for contingency operations directly related to the global 

12 war on terrorism, and other unanticipated defense-related 

13 operations, pursuant to section 402 of H. Con. Res. 376 

14 (109th Congress), as made applicable to the House of 

15 Representatives by section 511(a)(4) of H. Res. 6 (110th 

16 Congress). 

17 UNITED STATES EMERGENCY REFUGEE AND MIGRATION

18 ASSISTANCE FUND

19 For an additional amount for ‘‘United States Emer20 gency Refugee and Migration Assistance Fund’’, 

21 $35,000,000, to remain available until expended: Pro22 vided, That the amount provided under this heading is 

23 designated as making appropriations for contingency oper24 ations directly related to the global war on terrorism, and 

25 other unanticipated defense-related operations, pursuant 

26 to section 402 of H. Con. Res. 376 (109th Congress), as 


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1 made applicable to the House of Representatives by sec2 tion 511(a)(4) of H. Res. 6 (110th Congress). 

3 NONPROLIFERATION, ANTITERRORISM, DEMINING AND

4 RELATED PROGRAMS

5 For an additional amount for ‘‘Nonproliferation, 

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

7 $87,500,000, to remain available until September 30, 

8 2008: Provided, That the amount provided under this 

9 heading is designated as making appropriations for contin10 gency operations directly related to the global war on ter11 rorism, and other unanticipated defense-related oper12 ations, pursuant to section 402 of H. Con. Res. 376 

13 (109th Congress), as made applicable to the House of 

14 Representatives by section 511(a)(4) of H. Res. 6 (110th 

15 Congress). 

16 DEPARTMENT OF THE TREASURY

17 INTERNATIONAL AFFAIRS TECHNICAL ASSISTANCE

18 For an additional amount for ‘‘International Affairs 

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

20 until September 30, 2008: Provided, That the amount pro21 vided under this heading is designated as making appro22 priations for contingency operations directly related to the 

23 global war on terrorism, and other unanticipated defense24 related operations, pursuant to section 402 of H. Con. 

25 Res. 376 (109th Congress), as made applicable to the 


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1 House of Representatives by section 511(a)(4) of H. Res. 

2 6 (110th Congress). 

3 MILITARY ASSISTANCE 

4 FUNDS APPROPRIATED TO THE PRESIDENT

5 FOREIGN MILITARY FINANCING PROGRAM

6 For an additional amount for ‘‘Foreign Military Fi7 nancing Program’’, $260,000,000: Provided, That the 

8 amount provided under this heading is designated as mak9 ing appropriations for contingency operations directly re10 lated to the global war on terrorism, and other unantici11 pated defense-related operations, pursuant to section 402 

12 of H. Con. Res. 376 (109th Congress), as made applicable 

13 to the House of Representatives by section 511(a)(4) of 

14 H. Res. 6 (110th Congress). 

15 PEACEKEEPING OPERATIONS

16 For an additional amount for ‘‘Peacekeeping Oper17 ations’’, $225,000,000, to remain available until Sep18 tember 30, 2008: Provided, That the amount provided 

19 under this heading is designated as making appropriations 

20 for contingency operations directly related to the global 

21 war on terrorism, and other unanticipated defense-related 

22 operations, pursuant to section 402 of H. Con. Res. 376 

23 (109th Congress), as made applicable to the House of 

24 Representatives by section 511(a)(4) of H. Res. 6 (110th 

25 Congress). 


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1 GENERAL PROVISIONS—THIS CHAPTER 

2 SEC. 1801. Section 3001(o)(1)(B) of the Emergency 

3 Supplemental Appropriations Act for Defense and for the 

4 Reconstruction of Iraq and Afghanistan, 2004 (Public 

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

7 ‘‘fiscal year 2006’’ and inserting ‘‘fiscal years 2006, 2007, 

8 or 2008’’. 

9 SEC. 1802. (a) LIMITATION ON ECONOMIC SUPPORT

10 FUND ASSISTANCE FOR LEBANON.—None of the funds 

11 made available in this Act under the heading ‘‘ECO12 NOMIC SUPPORT FUND’’ for cash transfer assistance 

13 for the Government of Lebanon may be made available 

14 for obligation until the Secretary of State reports to the 

15 Committees on Appropriations of the House of Represent16 atives and the Senate on Lebanon’s economic reform plan 

17 and on the specific conditions and verifiable benchmarks 

18 that have been agreed upon by the United States and the 

19 Government of Lebanon pursuant to the Memorandum of 

20 Understanding on cash transfer assistance for Lebanon. 

21 (b) LIMITATION ON FOREIGN MILITARY FINANCING

22 PROGRAM AND INTERNATIONAL NARCOTICS CONTROL

23 AND LAW ENFORCEMENT ASSISTANCE FOR LEBANON.— 

24 None of the funds made available in this Act under the 

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1 GRAM’’ or ‘‘INTERNATIONAL NARCOTICS CON2 TROL AND LAW ENFORCEMENT’’ for military or po3 lice assistance to Lebanon may be made available for obli4 gation until the Secretary of State submits to the Commit5 tees on Appropriations of the House of Representatives 

6 and the Senate a report on procedures established to de7 termine eligibility of members and units of the armed 

8 forces and police forces of Lebanon to participate in 

9 United States training and assistance programs and on 

10 the end use monitoring of all equipment provided under 

11 such programs to the Lebanese armed forces and police 

12 forces. 

13 (c) REPORT REQUIRED.—Not later than 45 days 

14 after the date of the enactment of this Act, the Secretary 

15 of State shall submit to the Committees on Appropriations 

16 of the House of Representatives and the Senate a report 

17 on the Government of Lebanon’s actions to implement sec18 tion 14 of United Nations Security Council Resolution 

19 1701 (August 11, 2006). 

20 CHAPTER 9 

21 GENERAL PROVISIONS—THIS TITLE 

22 SEC. 1901. (a) Congress finds that it is Defense De23 partment policy that units should not be deployed for com24 bat unless they are rated ‘‘fully mission capable’’. 


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1 (b) None of the funds appropriated or otherwise 

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

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

4 chief of the military department concerned has certified 

5 in writing to the Committees on Appropriations and the 

6 Committees on Armed Services at least 15 days in advance 

7 of the deployment that the unit is fully mission capable. 

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

9 mission capable’’ means capable of performing assigned 

10 mission essential tasks to prescribed standards under the 

11 conditions expected in the theater of operations, consistent 

12 with the guidelines set forth in the Department of Defense 

13 readiness reporting system. 

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

15 Committees on Appropriations and the Committees on 

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

17 is not assessed fully mission capable is required for rea18 sons of national security and by submitting along with the 

19 certification a report in classified and unclassified form 

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

21 deployment is necessary despite the chief of the military 

22 department’s assessment that the unit is not fully mission 

23 capable, may waive the limitation prescribed in subsection 

24 (b) on a unit-by-unit basis. 


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1 SEC. 1902. (a) Congress finds that it is Defense De2 partment policy that Army, Army Reserve, and National 

3 Guard units should not be deployed for combat beyond 

4 365 days or that Marine Corps and Marine Corps Reserve 

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

6 (b) None of the funds appropriated or otherwise 

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

8 or expended to initiate the development of, continue the 

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

10 of extending the deployment for Operation Iraqi Freedom 

11 of— 

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

13 Army National Guard beyond 365 days; or 

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

15 Corps Reserve beyond 210 days. 

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

17 not be construed to require force levels in Iraq to be de18 creased below the total United States force levels in Iraq 

19 prior to January 10, 2007. 

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

21 Committees on Appropriations and the Committees on 

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

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

24 required for reasons of national security and by submit25 ting along with the certification a report in classified and 


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1 unclassified form detailing the particular reason or rea2 sons why the unit’s extended deployment is necessary, may 

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

4 unit-by-unit basis. 

5 SEC. 1903. (a) Congress finds that it is Defense De6 partment policy that Army, Army Reserve, and National 

7 Guard units should not be redeployed for combat if the 

8 unit has been deployed within the previous 365 consecu9 tive days or that Marine Corps and Marine Corps Reserve 

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

11 been deployed within the previous 210 days. 

12 (b) None of the funds appropriated or otherwise 

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

14 or expended to initiate the development of, continue the 

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

16 of deploying for Operation Iraqi Freedom of— 

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

18 Army National Guard if such unit has been deployed 

19 within the previous 365 consecutive days; or 

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

21 Corps Reserve if such unit has been deployed within 

22 the previous 210 consecutive days. 

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

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1 creased below the total United States force levels in Iraq 

2 prior to January 10, 2007. 

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

4 Committees on Appropriations and the Committees on 

5 Armed Services that the redeployment of a unit to Iraq 

6 in advance of the periods specified in subsection (b) is re7 quired for reasons of national security and by submitting 

8 along with the certification a report in classified and un9 classified form detailing the particular reason or reasons 

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

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

12 basis. 

13 SEC. 1904. (a) The President shall make and trans14 mit to Congress the following determinations, along with 

15 reports in classified and unclassified form detailing the 

16 basis for each determination, on or before July 1, 2007: 

17 (1) whether the Government of Iraq has given 

18 United States Armed Forces and Iraqi Security 

19 Forces the authority to pursue all extremists, includ20 ing Sunni insurgents and Shiite militias, and is 

21 making substantial progress in delivering necessary 

22 Iraqi Security Forces for Baghdad and protecting 

23 such Forces from political interference; intensifying 

24 efforts to build balanced security forces throughout 

25 Iraq that provide even-handed security for all Iraqis; 


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1 ensuring that Iraq’s political authorities are not un2 dermining or making false accusations against mem3 bers of the Iraqi Security Forces; eliminating militia 

4 control of local security; establishing a strong militia 

5 disarmament program; ensuring fair and just en6 forcement of laws; establishing political, media, eco7 nomic, and service committees in support of the 

8 Baghdad Security Plan; and eradicating safe havens; 

9 (2) whether the Government of Iraq is making 

10 substantial progress in meeting its commitment to 

11 pursue reconciliation initiatives, including enactment 

12 of a hydro-carbon law; adoption of legislation nec13 essary for the conduct of provincial and local elec14 tions; reform of current laws governing the de15 Baathification process; amendment of the Constitu16 tion of Iraq; and allocation of Iraqi revenues for re17 construction projects; and 

18 (3) whether the Government of Iraq and United 

19 States Armed Forces are making substantial 

20 progress in reducing the level of sectarian violence in 

21 Iraq. 

22 (b) On or before October 1, 2007, the President— 

23 (1) shall certify to the Congress that the Gov24 ernment of Iraq has enacted a broadly accepted 

25 hydro-carbon law that equitably shares oil revenues 


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1 among all Iraqis; adopted legislation necessary for 

2 the conduct of provincial and local elections, taken 

3 steps to implement such legislation, and set a sched4 ule to conduct provincial and local elections; re5 formed current laws governing the de-Baathification 

6 process to allow for more equitable treatment of in7 dividuals affected by such laws; amended the Con8 stitution of Iraq consistent with the principles con9 tained in article 137 of such constitution; and allo10 cated and begun expenditure of $10 billion in Iraqi 

11 revenues for reconstruction projects, including deliv12 ery of essential services, on an equitable basis; or 

13 (2) shall report to the Congress that he is un14 able to make such certification. 

15 (c) If in the transmissions to Congress required by 

16 subsection (a) the President determines that any of the 

17 conditions specified in such subsection have not been met, 

18 or if the President is unable to make the certification spec19 ified in subsection (b) by the required date, the Secretary 

20 of Defense shall commence the redeployment of the Armed 

21 Forces from Iraq and complete such redeployment within 

22 180 days. 

23 (d) If the President makes the certification specified 

24 in subsection (b), the Secretary of Defense shall commence 

25 the redeployment of the Armed Forces from Iraq not later 


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1 than March 1, 2008, and complete such redeployment 

2 within 180 days. 

3 (e) Notwithstanding any other provision of law, funds 

4 appropriated or otherwise made available in this or any 

5 other Act are immediately available for obligation and ex6 penditure to plan and execute a safe and orderly redeploy7 ment of the Armed Forces from Iraq, as specified in sub8 sections (c) and (d). 

9 (f) After the conclusion of the 180-day period for re10 deployment specified in subsections (c) and (d), the Sec11 retary of Defense may not deploy or maintain members 

12 of the Armed Forces in Iraq for any purpose other than 

13 the following: 

14 (1) Protecting American diplomatic facilities 

15 and American citizens, including members of the 

16 U.S. Armed Forces. 

17 (2) Serving in roles consistent with customary 

18 diplomatic positions. 

19 (3) Engaging in targeted special actions limited 

20 in duration and scope to killing or capturing mem21 bers of al-Qaeda and other terrorist organizations 

22 with global reach. 

23 (4) Training members of the Iraqi Security 

24 Forces. 


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1 (g) Notwithstanding any other provision of law, 50 

2 percent of the funds appropriated by title I of this Act 

3 for assistance to Iraq under each of the headings ‘‘IRAQ 

4 SECURITY FORCES FUND’’, ‘‘ECONOMIC SUP5 PORT FUND’’, and ‘‘INTERNATIONAL NARCOTICS 

6 CONTROL AND LAW ENFORCEMENT’’ shall be with7 held from obligation until the President has made a certifi8 cation to Congress regarding the matters specified in sub9 section (b)(1). 

10 (h) The requirement to withhold funds from obliga11 tion pursuant to subsection (g) shall not apply with re12 spect to funds made available under the heading ‘‘ECO13 NOMIC SUPPORT FUND’’ for continued support for 

14 the Community Action Program and Community Sta15 bilization Program in Iraq administered by the United 

16 States Agency for International Development or for pro17 grams and activities to promote democracy in Iraq. 

18 SEC. 1905. (a) COORDINATOR FOR IRAQ ASSIST19 ANCE.—Not later than 30 days after the date of the enact20 ment of this Act, the President shall appoint a Coordi21 nator for Iraq Assistance (hereinafter in this section re22 ferred to as the ‘‘Coordinator’’), by and with the advice 

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

24 President. 


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

2 for— 

3 (1) Developing and implementing an overall 

4 strategy for political, economic, and military assist5 ance for Iraq; 

6 (2) Coordinating and ensuring coherence of 

7 Iraq assistance programs and policy among all de8 partments and agencies of the Government of the 

9 United States that are implementing assistance pro10 grams in Iraq, including the Department of State, 

11 the United States Agency for International Develop12 ment, the Department of Defense, the Department 

13 of the Treasury, and the Department of Justice; 

14 (3) Working with the Government of Iraq in 

15 meeting the benchmarks described in section 

16 1904(b) of this Act in order to ensure Iraq con17 tinues to be eligible to receive United States assist18 ance described in such section; 

19 (4) Coordinating with other donors and inter20 national organizations that are providing assistance 

21 for Iraq; 

22 (5) Ensuring adequate management and ac23 countability of United States assistance programs 

24 for Iraq; 


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1 (6) Resolving policy and program disputes 

2 among departments and agencies of the United 

3 States Government that are implementing assistance 

4 programs in Iraq; and 

5 (7) Coordinating United States assistance pro6 grams with the reconstruction programs funded and 

7 implemented by the Government of Iraq. 

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

9 the rank and status of ambassador. 

10 SEC. 1906. Notwithstanding any other provision of 

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

12 used to close Walter Reed Army Medical Center. 

13 SEC. 1907. CONGRESSIONAL PLEDGE TO FULLY SUPPORT 

14 MEMBERS OF THE ARMED FORCES IN HARM’S 

15 WAY. 

16 (a) FINDINGS.—Congress makes the following find17 ings: 

18 (1) On September 14, 2001, both the Senate 

19 and the House of Representatives passed S.J. Res. 

20 23 of the 107th Congress, which became Public Law 

21 107–40 and authorized the use of military force in 

22 Afghanistan. 

23 (2) On October 10, 2002, the House of Rep24 resentatives passed H.J. Res. 114 of the 107th ConVerDate Aug 31 2005 03:42 Mar 21, 2007 Jkt 059200 PO 00000 Frm 00081 Fmt 6652 Sfmt 6201 E:\BILLS\H1591.RH H1591

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1 gress, which authorized the use of military force in 

2 Iraq. 

3 (3) After passage by the Senate, H.J. Res. 114 

4 became Public Law 107–243, the Authorization for 

5 Use of Military Force Against Iraq Resolution of 

6 2002. 

7 (4) Members of the United States Armed 

8 Forces have served honorably in their mission to 

9 fight terrorism and protect the greater security of 

10 the United States. 

11 (5) These members of the Armed Forces and 

12 their families have made many sacrifices, in many 

13 cases the ultimate sacrifice, to protect the security 

14 of the United States and the freedom Americans 

15 hold dear. 

16 (6) Congress and the American people are for17 ever grateful to the members of the Armed Forces 

18 for the service they have provided to the United 

19 States. 

20 (b) FAITHFUL SUPPORT OF CONGRESS.—Congress 

21 will fully support the needs of members of the Armed 

22 Forces who the Commander in Chief has deployed in 

23 harm’s way in support of Operation Iraqi Freedom and 

24 Operation Enduring Freedom, and their families. 


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1 SEC. 1908. SENSE OF THE CONGRESS REGARDING PRESI2 DENT AS COMMANDER IN CHIEF AND CON3 GRESSIONAL POWER TO DECLARE WAR. 

4 (a) It is the sense of Congress that Congress acknowl5 edges the President as the Commander in Chief, and that 

6 role is granted solely to the President by article II, section 

7 2, of the United States Constitution. 

8 (b) It is further the sense of Congress that Congress 

9 has the power solely to declare war under article I, section 

10 8, clause 11, of the United States Constitution. 

11 SEC. 1909. SENSE OF CONGRESS REGARDING CONDUCT OF 

12 IRAQ WAR BY COMMANDERS. 

13 It is the sense of Congress that, because the com14 manders of the United States Armed Forces in Iraq have 

15 the training, experience, and first-hand knowledge of the 

16 situation on the ground— 

17 (1) the commanders should be allowed to con18 duct the war and manage the movements of the 

19 troops; and 

20 (2) Congress should remain focused on exe21 cuting its oversight role. 


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1 TITLE II—ADDITIONAL HURRICANE DISASTER 

2 RELIEF AND RECOVERY 

3 CHAPTER 1 

4 DEPARTMENT OF AGRICULTURE 

5 GENERAL PROVISIONS—THIS CHAPTER 

6 SEC. 2101. In addition to the funds provided else7 where in this Act, $25,000,000 is appropriated to the Sec8 retary of Agriculture, to remain available through Sep9 tember 30, 2008, to resume the 2005 Hurricanes Live10 stock Indemnity Program to provide additional compensa11 tion to livestock producers in the geographic area covered 

12 by the natural disaster declaration related to Hurricane 

13 Katrina or Hurricane Rita that suffered losses in excess 

14 of the maximum amount of assistance authorized under 

15 the 2005 Hurricanes Livestock Indemnity Program. The 

16 total amount of assistance that an eligible producer may 

17 receive for such additional livestock losses under this sec18 tion, the 2005 Hurricanes Livestock Indemnity Program, 

19 or any other provision of law may not exceed twice the 

20 maximum amount of assistance authorized under the 2005 

21 Hurricanes Livestock Indemnity Program. The amount 

22 provided under this section is designated as an emergency 

23 requirement pursuant to section 501 of H. Con. Res. 376 

24 (109th Congress), as made applicable to the House of 


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1 Representatives by section 511(a)(4) of H. Res. 6 (110th 

2 Congress). 

3 SEC. 2102. In addition to the funds provided else4 where in the Act, $15,000,000 is appropriated to the Sec5 retary of Agriculture, to remain available through Sep6 tember 30, 2008, for the purpose of providing assistance, 

7 in connection with the provision of emergency financial as8 sistance for losses for 2005 or 2006 crops due to dam9 aging weather or any related condition, to producers with 

10 respect to irrigated crops in the geographic area covered 

11 by the natural disaster declaration related to Hurricane 

12 Katrina or Hurricane Rita that, due to contamination by 

13 saltwater intrusion resulting from Hurricane Katrina or 

14 Hurricane Rita, were planted in 2006 and suffered a loss 

15 or were prevented from being planted. However, the fac16 tors otherwise applicable under section 1480.12(g) of title 

17 7, Code of Federal Regulations, shall not apply to the pro18 vision of such assistance. The amount provided under this 

19 section is designated as an emergency requirement pursu20 ant to section 501 of H. Con. Res. 376 (109th Congress), 

21 as made applicable to the House of Representatives by sec22 tion 511(a)(4) of H. Res. 6 (110th Congress). 

23 SEC. 2103. In addition to the funds provided else24 where in this Act, $100,000,000 is appropriated to the 

25 Secretary of Agriculture, to remain available through SepVerDate Aug 31 2005 03:42 Mar 21, 2007 Jkt 059200 PO 00000 Frm 00085 Fmt 6652 Sfmt 6201 E:\BILLS\H1591.RH H1591

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1 tember 30, 2008, to resume the 2005 Hurricanes Citrus 

2 Program to provide additional compensation to citrus pro3 ducers in the geographic area covered by the natural dis4 aster declaration related to Hurricane Katrina or Hurri5 cane Rita that suffered losses in excess of the maximum 

6 amount of assistance authorized under the 2005 Hurri7 canes Citrus Program. The total amount of assistance 

8 that an eligible producer may receive for such additional 

9 citrus losses under this section, the 2005 Hurricanes Cit10 rus Program, or any other provision of law may not exceed 

11 twice the maximum amount of assistance authorized under 

12 the 2005 Hurricanes Citrus Program. The amount pro13 vided under this section is designated as an emergency re14 quirement pursuant to section 501 of H. Con. Res. 376 

15 (109th Congress), as made applicable to the House of 

16 Representatives by section 511(a)(4) of H. Res. 6 (110th 

17 Congress). 

18 CHAPTER 2 

19 DEPARTMENT OF COMMERCE 

20 NATIONAL OCEANIC AND ATMOSPHERIC

21 ADMINISTRATION

22 OPERATIONS, RESEARCH, AND FACILITIES

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

24 and Facilities’’ for necessary expenses related to the con25 sequences of Hurricane Katrina on the shrimp and menVerDate Aug 31 2005 03:42 Mar 21, 2007 Jkt 059200 PO 00000 Frm 00086 Fmt 6652 Sfmt 6201 E:\BILLS\H1591.RH H1591

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1 haden fishing industries, $120,000,000, to remain avail2 able until September 30, 2008: Provided, That the amount 

3 provided under this heading is designated as an emergency 

4 requirement pursuant to section 501 of H. Con. Res. 376 

5 (109th Congress), as made applicable to the House of 

6 Representatives by section 511(a)(4) of H. Res. 6 (110th 

7 Congress). 

8 NATIONAL AERONAUTICS AND SPACE 

9 ADMINISTRATION 

10 EXPLORATION CAPABILITIES

11 For an additional amount for ‘‘Exploration Capabili12 ties’’ for necessary expenses related to the consequences 

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

14 until September 30, 2009: Provided, That the amount pro15 vided under this heading is designated as an emergency 

16 requirement pursuant to section 501 of H. Con. Res. 376 

17 (109th Congress), as made applicable to the House of 

18 Representatives by section 511(a)(4) of H. Res. 6 (110th 

19 Congress). 

20 GENERAL PROVISION—THIS CHAPTER 

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

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

24 for emergency hurricane and other natural disaster-re25 lated expenses may be used to reimburse hurricane-related 


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1 costs incurred by NASA in fiscal year 2005: Provided, 

2 That the amount provided under this heading is des3 ignated as an emergency requirement pursuant to section 

4 501 of H. Con. Res. 376 (109th Congress), as made appli5 cable to the House of Representatives by section 511(a)(4) 

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

7 CHAPTER 3 

8 DEPARTMENT OF DEFENSE—CIVIL 

9 DEPARTMENT OF THE ARMY 

10 CORPS OF ENGINEERS—CIVIL

11 CONSTRUCTION

12 For an additional amount for ‘‘Construction’’ to re13 duce the risk of hurricane and storm damage to the Mis14 sissippi coastal area, $37,080,000, to remain available 

15 until expended: Provided, That such sums shall be subject 

16 to authorization: Provided further, That the amount pro17 vided under this heading is designated as an emergency 

18 requirement pursuant to section 501 of H. Con. Res. 376 

19 (109th Congress), as made applicable to the House of 

20 Representatives by section 511(a)(4) of H. Res. 6 (110th 

21 Congress). 

22 FLOOD CONTROL AND COASTAL EMERGENCIES

23 For an additional amount for ‘‘Flood Control and 

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

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

26 expenses related to the consequences of Hurricane 


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1 Katrina, $1,300,000,000, to remain available until ex2 pended: Provided, That this amount shall be used to re3 store the flood damage reduction and hurricane and storm 

4 damage reduction projects, and related works, to provide 

5 the level of protection for which they were designed, and 

6 to accelerate completion of unconstructed portions of au7 thorized hurricane, storm damage reduction and flood con8 trol projects in the greater New Orleans and south Lou9 isiana area at full Federal expense: Provided further, That 

10 the Chief of Engineers, acting through the Assistant Sec11 retary of the Army for Civil Works, shall provide, at a 

12 minimum, a monthly report to the House and Senate 

13 Committees on Appropriations detailing the allocation and 

14 obligation of these funds, beginning not later than July 

15 30, 2007: Provided further, That the amount provided 

16 under this heading is designated as an emergency require17 ment pursuant to section 501 of H. Con. Res. 376 (109th 

18 Congress), as made applicable to the House of Representa19 tives by section 511(a)(4) of H. Res. 6 (110th Congress). 

20 GENERAL PROVISION—THIS CHAPTER 

21 SEC. 2301. Up to $650,000,000 of the appropriations 

22 made available under the heading ‘‘Flood Control and 

23 Coastal Emergencies’’ in title II, Chapter 3 of Public Law 

24 109–234, for projects in the greater New Orleans metro25 politan area that remain available as of the date of enactVerDate Aug 31 2005 03:42 Mar 21, 2007 Jkt 059200 PO 00000 Frm 00089 Fmt 6652 Sfmt 6201 E:\BILLS\H1591.RH H1591

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1 ment of this Act may be used by the Secretary of the Army 

2 to improve protection at the Inner Harbor Navigation 

3 Canal, as described under the heading ‘‘Flood Control and 

4 Coastal Emergencies’’, in Chapter 3 of Public Law 109– 

5 234: Provided, That the obligation of these funds may be 

6 made without regard to individual amounts specified in 

7 title II, Chapter 3 of Public Law 109–234: Provided fur8 ther, That the expenditure of such funds shall not be con9 sidered a transfer or reprogramming under any provision 

10 of law and shall be carried out in accordance with the 

11 terms and conditions specified in an Act making appro12 priations for energy and water development or any other 

13 appropriations Act making additional funds available for 

14 energy and water development: Provided further, That the 

15 amount provided under this heading is designated as an 

16 emergency requirement pursuant to section 501 of H. 

17 Con. Res. 376 (109th Congress), as made applicable to 

18 the House of Representatives by section 511(a)(4) of H. 

19 Res. 6 (110th Congress). 

20 CHAPTER 4 

21 SMALL BUSINESS ADMINISTRATION 

22 DISASTER LOANS PROGRAM ACCOUNT

23 For an additional amount for ‘‘Disaster Loans Pro24 gram Account’’ for administrative expenses to carry out 

25 the disaster loan program, $25,069,000, to remain availVerDate Aug 31 2005 03:42 Mar 21, 2007 Jkt 059200 PO 00000 Frm 00090 Fmt 6652 Sfmt 6201 E:\BILLS\H1591.RH H1591

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1 able until expended, which may be transferred to and 

2 merged with ‘‘Small Business Administration, Salaries 

3 and Expenses’’: Provided, That the amount provided 

4 under this heading is designated as an emergency require5 ment pursuant to section 501 of H. Con. Res. 376 (109th 

6 Congress), as made applicable to the House of Representa7 tives by section 511(a)(4) of H. Res. 6 (110th Congress). 

8 CHAPTER 5 

9 DEPARTMENT OF HOMELAND SECURITY 

10 FEDERAL EMERGENCY MANAGEMENT AGENCY

11 DISASTER RELIEF

12 (INCLUDING TRANSFER OF FUNDS)

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

14 $4,310,000,000, to remain available until expended: Pro15 vided, That $4,000,000 shall be transferred to ‘‘Office of 

16 Inspector General’’: Provided further, That the amount 

17 provided under this heading is designated as an emergency 

18 requirement pursuant to section 501 of H. Con. Res. 376 

19 (109th Congress), as made applicable to the House of 

20 Representatives by section 511(a)(4) of H. Res. 6 (110th 

21 Congress). 

22 GENERAL PROVISIONS—THIS CHAPTER 

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

24 other provision of law, including any agreement, the Fed25 eral share of assistance, including direct Federal assist26 ance, provided for the States of Louisiana, Mississippi, 


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1 Florida, and Texas in connection with Hurricanes 

2 Katrina, Wilma, Dennis, and Rita under sections 403, 

3 406, 407, and 408 of the Robert T. Stafford Disaster Re4 lief and Emergency Assistance Act (42 U.S.C. 5170b, 

5 5172, 5173, and 5174) shall be 100 percent of the eligible 

6 costs under such sections. 

7 (b) APPLICABILITY.— 

8 (1) IN GENERAL.—Subject to paragraph (2), 

9 the Federal share provided by subsection (a) shall 

10 apply to disaster assistance provided before the date 

11 of enactment of this Act. 

12 (2) LIMITATION.—In the case of disaster assist13 ance provided under sections 403, 406, and 407 of 

14 the Robert T. Stafford Disaster Relief and Emer15 gency Assistance Act, the Federal share provided by 

16 subsection (a) shall be limited to assistance provided 

17 for projects for which project worksheets have been 

18 approved by the Federal Emergency Management 

19 Agency before the date of enactment of this Act. 

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

21 (1) IN GENERAL.—Section 2(a) of the Commu22 nity Disaster Loan Act of 2005 (Public Law 109– 

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

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

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


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1 (2) EFFECTIVE DATE.—The amendment made 

2 by paragraph (1) shall be effective on the date of en3 actment of the Community Disaster Loan Act of 

4 2005 (Public Law 109–88). 

5 (b) EMERGENCY SUPPLEMENTAL APPROPRIATIONS

6 ACT.— 

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

8 Emergency Supplemental Appropriations Act for 

9 Defense, the Global War on Terror, and Hurricane 

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

11 under the heading ‘‘Federal Emergency Manage12 ment Agency Disaster Assistance Direct Loan Pro13 gram Account’’ by striking ‘‘Provided further, That 

14 notwithstanding section 417(c)(1) of such Act, such 

15 loans may not be canceled:’’. 

16 (2) EFFECTIVE DATE.—The amendment made 

17 by paragraph (1) shall be effective on the date of en18 actment of the Emergency Supplemental Appropria19 tions Act for Defense, the Global War on Terror, 

20 and Hurricane Recovery, 2006 (Public Law 109– 

21 234). 

22 (c) The amounts provided in this section are des23 ignated as emergency requirements pursuant to section 

24 501 of H. Con. Res. 376 (109th Congress), as made appliVerDate Aug 31 2005 03:42 Mar 21, 2007 Jkt 059200 PO 00000 Frm 00093 Fmt 6652 Sfmt 6201 E:\BILLS\H1591.RH H1591

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1 cable to the House of Representatives by section 511(a)(4) 

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

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

4 Emergency Supplemental Appropriations Act for Defense, 

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

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

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

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

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

10 the Emergency Supplemental Appropriations Act for De11 fense, the Global War on Terror, and Hurricane Recovery, 

12 2006 (Public Law 109–234). 

13 CHAPTER 6 

14 DEPARTMENT OF HEALTH AND HUMAN 

15 SERVICES 

16 ADMINISTRATION FOR CHILDREN AND FAMILIES

17 SOCIAL SERVICES BLOCK GRANT

18 Notwithstanding section 2002(c) of the Social Secu19 rity Act (42 U.S.C. 1397a(c)), funds made available under 

20 the heading ‘‘Social Services Block Grant’’ in division B 

21 of Public Law 109–148 shall be available for expenditure 

22 by the States through the end of fiscal year 2008: Pro23 vided, That the amount provided under this heading is 

24 designated as an emergency requirement pursuant to sec25 tion 501 of H. Con. Res. 376 (109th Congress), as made 


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1 applicable to the House of Representatives by section 

2 511(a)(4) of H. Res. 6 (110th Congress). 

3 DEPARTMENT OF EDUCATION 

4 INNOVATION AND IMPROVEMENT

5 For carrying out activities authorized by subpart 1 

6 of part D of title V of the Elementary and Secondary Edu7 cation Act of 1965, $30,000,000, to remain available until 

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

9 and Alabama for the following costs: (1) recruiting and 

10 compensating teachers, principals, other school adminis11 trators, and other educators for positions in reopening 

12 public elementary and secondary schools impacted by Hur13 ricane Katrina or Hurricane Rita, including through such 

14 mechanisms as paying salary premiums, performance bo15 nuses, housing subsidies and relocation costs; and (2) ac16 tivities to build the capacity of reopening such public ele17 mentary and secondary schools to provide an effective edu18 cation, including the design, adaptation, and implementa19 tion of high-quality formative assessments; the establish20 ment of partnerships with nonprofit entities with a dem21 onstrated track record in recruiting and retaining out22 standing teachers and other school leaders; and paid re23 lease time for teachers and principals to identify and rep24 licate successful practices from the fastest-improving and 

25 highest-performing schools: Provided, That the Secretary 


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1 of Education shall allocate such funds among such States 

2 that submit applications; that such allocation shall be 

3 based on the number of public elementary and secondary 

4 schools in each State that were closed for 30 days or more 

5 during the period beginning on August 29, 2005, and end6 ing on December 31, 2005, due to Hurricane Katrina or 

7 Hurricane Rita; and that such States shall in turn allocate 

8 funds, on a competitive basis, to local education agencies, 

9 giving priority to such agencies with the highest percent10 ages of public elementary and secondary schools that are 

11 closed as a result of such hurricanes as of the date of en12 actment of this Act and the highest percentages of public 

13 elementary and secondary schools with a student-teacher 

14 ratio of at least 25 to 1: Provided further, That not later 

15 than 60 days after the date of enactment of this Act, the 

16 State educational agency, in cooperation with local edu17 cational agencies, teachers’ unions, local principals’ orga18 nizations, local parents’ organizations, local business orga19 nizations, and local charter schools organizations, shall de20 velop a plan for a rating system for performance bonuses 

21 and if the State educational agency has failed to reach 

22 such an agreement that is satisfactory to all consulting 

23 entities by such deadline, the State educational agency 

24 shall immediately notify Congress of such failure and rea25 sons for it and shall, not later than 30 days after such 


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1 notification, establish and implement a rating system that 

2 shall be based on strong learning gains for students and 

3 growth in student achievement, based on classroom obser4 vation and feedback at least 4 times annually, conducted 

5 by multiple sources (including principals and master 

6 teachers), and evaluated against research-validated ru7 brics that use planning, instructional, and learning envi8 ronment standards to measure teaching performance: Pro9 vided further, That the amount provided under this head10 ing is designated as an emergency requirement pursuant 

11 to section 501 of H. Con. Res. 376 (109th Congress), as 

12 made applicable to the House of Representatives by sec13 tion 511(a)(4) of H. Res. 6 (110th Congress). 

14 HURRICANE EDUCATION RECOVERY

15 PROGRAMS TO RESTART SCHOOL OPERATIONS

16 Funds made available under section 102 of the Hur17 ricane Education Recovery Act (title IV of division B of 

18 Public Law 109–148) may be used by the States of Lou19 isiana, Mississippi, Alabama, and Texas, in addition to the 

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

21 costs: (1) recruiting and compensating teachers, prin22 cipals, other school administrators, and other educators 

23 for positions in reopening public elementary and secondary 

24 schools impacted by Hurricane Katrina or Hurricane Rita, 

25 including through such mechanisms as paying salary preVerDate Aug 31 2005 03:42 Mar 21, 2007 Jkt 059200 PO 00000 Frm 00097 Fmt 6652 Sfmt 6201 E:\BILLS\H1591.RH H1591

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1 miums, performance bonuses, housing subsidies and relo2 cation costs; and (2) activities to build the capacity of re3 opening such public elementary and secondary schools to 

4 provide an effective education, including the design, adap5 tation, and implementation of high-quality formative as6 sessments; the establishment of partnerships with non7 profit entities with a demonstrated track record in recruit8 ing and retaining outstanding teachers and other school 

9 leaders; and paid release time for teachers and principals 

10 to identify and replicate successful practices from the fast11 est-improving and highest-performing schools: Provided, 

12 That not later than 60 days after the date of enactment 

13 of this Act, the State educational agency, in cooperation 

14 with local educational agencies, teachers’ unions, local 

15 principals’ organizations, local parents’ organizations, 

16 local business organizations, and local charter schools or17 ganizations, shall develop a plan for a rating system for 

18 performance bonuses and if the State educational agency 

19 has failed to reach such an agreement that is satisfactory 

20 to all consulting entities by such deadline, the State edu21 cational agency shall immediately notify Congress of such 

22 failure and reasons for it and shall, not later than 30 days 

23 after such notification, establish and implement a rating 

24 system that shall be based on strong learning gains for 

25 students and growth in student achievement, based on 


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1 classroom observation and feedback at least 4 times annu2 ally, conducted by multiple sources (including principals 

3 and master teachers), and evaluated against research-vali4 dated rubrics that use planning, instructional, and learn5 ing environment standards to measure teaching perform6 ance: Provided further, That the amount provided under 

7 this heading is designated as an emergency requirement 

8 pursuant to section 501 of H. Con. Res. 376 (109th Con9 gress), as made applicable to the House of Representatives 

10 by section 511(a)(4) of H. Res. 6 (110th Congress). 

11 HIGHER EDUCATION

12 For an additional amount under part B of title VII 

13 of the Higher Education Act of 1965 (‘‘HEA’’) for institu14 tions of higher education (as defined in section 102 of that 

15 Act) that are located in an area in which a major disaster 

16 was declared in accordance with section 401 of the Robert 

17 T. Stafford Disaster Relief and Emergency Assistance Act 

18 related to hurricanes in the Gulf of Mexico in calendar 

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

20 be available to the Secretary of Education only for pay21 ments to help defray the expenses (which may include lost 

22 revenue, reimbursement for expenses already incurred, 

23 and construction) incurred by such institutions of higher 

24 education that were forced to close for at least 30 consecu25 tive calendar days between August 25, 2005, and January 


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1 1, 2006, as a result of damage directly caused by such 

2 hurricanes and for payments to enable such institutions 

3 to provide grants to students who attend such institutions 

4 for academic years beginning on or after July 1, 2006: 

5 Provided further, That such payments shall be made in 

6 accordance with criteria established by the Secretary and 

7 made publicly available without regard to section 437 of 

8 the General Education Provisions Act, section 553 of title 

9 5, United States Code, or part B of title VII of the HEA: 

10 Provided further, That the amount provided under this 

11 heading is designated as an emergency requirement pursu12 ant to section 501 of H. Con. Res. 376 (109th Congress), 

13 as made applicable to the House of Representatives by sec14 tion 511(a)(4) of H. Res. 6 (110th Congress). 

15 GENERAL PROVISION—THIS CHAPTER 

16 SEC. 2601. Section 105(b) of title IV of division B 

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

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

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

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

21 the end of fiscal year 2008.’’. 


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1 CHAPTER 7 

2 DEPARTMENT OF HOUSING AND URBAN 

3 DEVELOPMENT 

4 PUBLIC AND INDIAN HOUSING

5 TENANT-BASED RENTAL ASSISTANCE

6 For an additional amount for the purposes specified 

7 under, and subject to the provisions of, this heading in 

8 chapter 9 of title I of division B of Public Law 109–148 

9 (119 Stat. 2779), $80,000,000, to remain available until 

10 December 31, 2007: Provided, That the third proviso 

11 under such heading in Public Law 109–148 shall be ap12 plied to amounts made available under this heading and 

13 under such heading in Public Law 109–148 by sub14 stituting ‘‘until December 31, 2007’’ for ‘‘for up to 18 

15 months’’: Provided further, That $80,000,000 shall be re16 scinded from unobligated balances remaining from the 

17 amounts made available under such heading in Public Law 

18 109–148: Provided further, That the amount provided 

19 under this heading is designated as an emergency require20 ment pursuant to section 501 of H. Con. Res. 376 (109th 

21 Congress), as made applicable to the House of Representa22 tives by section 511(a)(4) of H. Res. 6 (110th Congress). 

23 OFFICE OF INSPECTOR GENERAL

24 For an additional amount for ‘‘Office of Inspector 

25 General’’ for necessary expenses related to the conVerDate Aug 31 2005 03:42 Mar 21, 2007 Jkt 059200 PO 00000 Frm 00101 Fmt 6652 Sfmt 6201 E:\BILLS\H1591.RH H1591

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1 sequences of Hurricane Katrina and other hurricanes of 

2 the 2005 season, $10,240,000, to remain available until 

3 September 30, 2007: Provided, That the amount provided 

4 under this heading is designated as an emergency require5 ment pursuant to section 501 of H. Con. Res. 376 (109th 

6 Congress), as made applicable to the House of Representa7 tives by section 511(a)(4) of H. Res. 6 (110th Congress). 

8 TITLE III—AGRICULTURAL ASSISTANCE 

9 SEC. 3101. CROP DISASTER ASSISTANCE. 

10 (a) ASSISTANCE AVAILABLE.—There are hereby ap11 propriated to the Secretary of Agriculture such sums as 

12 are necessary, to remain available until expended, to make 

13 emergency financial assistance available to producers on 

14 a farm that incurred qualifying quantity or quality losses 

15 for the 2005 or 2006 crop, or for the 2007 crop before 

16 the date of the enactment of this Act, due to damaging 

17 weather or any related condition (including losses due to 

18 crop diseases, insects, and delayed harvest), as determined 

19 by the Secretary. However, to be eligible for assistance, 

20 the crop subject to the loss must have been harvested be21 fore the date of the enactment of this Act or, in the case 

22 of prevented planting or other total loss, would have been 

23 harvested before the date of the enactment of this Act in 

24 the absence of the damaging weather or any related condi25 tion. 


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1 (b) ELECTION OF CROP YEAR.—If a producer in2 curred qualifying crop losses in more than one of the 

3 2005, 2006, or 2007 crop years, the producer shall elect 

4 to receive assistance under this section for losses incurred 

5 in only one of such crop years. The producer may not re6 ceive assistance under this section for more than one crop 

7 year. 

8 (c) ADMINISTRATION.— 

9 (1) IN GENERAL.—Except as provided in para10 graph (2), the Secretary of Agriculture shall make 

11 assistance available under this section in the same 

12 manner as provided under section 815 of the Agri13 culture, Rural Development, Food and Drug Admin14 istration and Related Agencies Appropriations Act, 

15 2001 (Public Law 106–387; 114 Stat. 1549A–55), 

16 including using the same loss thresholds for quantity 

17 and economic losses as were used in administering 

18 that section, except that the payment rate shall be 

19 50 percent of the established price, instead of 65 

20 percent. 

21 (2) LOSS THRESHOLDS FOR QUALITY

22 LOSSES.—In the case of a payment for quality loss 

23 for a crop under subsection (a), the loss thresholds 

24 for quality loss for the crop shall be determined 

25 under subsection (d). 


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1 (d) QUALITY LOSSES.— 

2 (1) IN GENERAL.—Subject to paragraph (3), 

3 the amount of a payment made to producers on a 

4 farm for a quality loss for a crop under subsection 

5 (a) shall be equal to the amount obtained by multi6 plying— 

7 (A) 65 percent of the payment quantity de8 termined under paragraph (2); by 

9 (B) 50 percent of the payment rate deter10 mined under paragraph (3). 

11 (2) PAYMENT QUANTITY.—For the purpose of 

12 paragraph (1)(A), the payment quantity for quality 

13 losses for a crop of a commodity on a farm shall 

14 equal the lesser of— 

15 (A) the actual production of the crop af16 fected by a quality loss of the commodity on the 

17 farm; or 

18 (B) the quantity of expected production of 

19 the crop affected by a quality loss of the com20 modity on the farm, using the formula used by 

21 the Secretary of Agriculture to determine quan22 tity losses for the crop of the commodity under 

23 subsection (a). 

24 (3) PAYMENT RATE.—For the purpose of para25 graph (1)(B) and in accordance with paragraphs (5) 


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1 and (6), the payment rate for quality losses for a 

2 crop of a commodity on a farm shall be equal to the 

3 difference between— 

4 (A) the per unit market value that the 

5 units of the crop affected by the quality loss 

6 would have had if the crop had not suffered a 

7 quality loss; and 

8 (B) the per unit market value of the units 

9 of the crop affected by the quality loss. 

10 (4) ELIGIBILITY.—For producers on a farm to 

11 be eligible to obtain a payment for a quality loss for 

12 a crop under subsection (a), the amount obtained by 

13 multiplying the per unit loss determined under para14 graph (1) by the number of units affected by the 

15 quality loss shall be at least 25 percent of the value 

16 that all affected production of the crop would have 

17 had if the crop had not suffered a quality loss. 

18 (5) MARKETING CONTRACTS.—In the case of 

19 any production of a commodity that is sold pursuant 

20 to 1 or more marketing contracts (regardless of 

21 whether the contract is entered into by the pro22 ducers on the farm before or after harvest) and for 

23 which appropriate documentation exists, the quan24 tity designated in the contracts shall be eligible for 


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1 quality loss assistance based on the 1 or more prices 

2 specified in the contracts. 

3 (6) OTHER PRODUCTION.—For any additional 

4 production of a commodity for which a marketing 

5 contract does not exist or for which production con6 tinues to be owned by the producer, quality losses 

7 shall be based on the average local market discounts 

8 for reduced quality, as determined by the appro9 priate State committee of the Farm Service Agency. 

10 (7) QUALITY ADJUSTMENTS AND DISCOUNTS.— 

11 The appropriate State committee of the Farm Serv12 ice Agency shall identify the appropriate quality ad13 justment and discount factors to be considered in 

14 carrying out this subsection, including— 

15 (A) the average local discounts actually ap16 plied to a crop; and 

17 (B) the discount schedules applied to loans 

18 made by the Farm Service Agency or crop in19 surance coverage under the Federal Crop Insur20 ance Act (7 U.S.C. 1501 et seq.). 

21 (8) ELIGIBLE PRODUCTION.—The Secretary of 

22 Agriculture shall carry out this subsection in a fair 

23 and equitable manner for all eligible production, in24 cluding the production of fruits and vegetables, 

25 other specialty crops, and field crops. 


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1 (e) PAYMENT LIMITATIONS.— 

2 (1) LIMIT ON AMOUNT OF ASSISTANCE.—As3 sistance provided under this section to a producer 

4 for losses to a crop, together with the amounts speci5 fied in paragraph (2) applicable to the same crop, 

6 may not exceed 95 percent of what the value of the 

7 crop would have been in the absence of the losses, 

8 as estimated by the Secretary of Agriculture. 

9 (2) OTHER PAYMENTS.—In applying the limita10 tion in paragraph (1), the Secretary shall include the 

11 following: 

12 (A) Any crop insurance payment made 

13 under the Federal Crop Insurance Act (7 

14 U.S.C. 1501 et seq.) or payment under section 

15 196 of the Federal Agricultural Improvement 

16 and Reform Act of 1996 (7 U.S.C. 7333) that 

17 the producer receives for losses to the same 

18 crop. 

19 (B) The value of the crop that was not lost 

20 (if any), as estimated by the Secretary. 

21 (3) DUPLICATIVE PAYMENTS.—The Secretary 

22 of Agriculture shall ensure, to the maximum extent 

23 practicable, that no producer on a farm receives du24 plicative payments under this section and any other 

25 Federal program for the same loss. 


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1 (f) ELIGIBILITY REQUIREMENTS AND LIMITA2 TIONS.—The producers on a farm shall not be eligible for 

3 assistance under this section with respect to losses to an 

4 insurable commodity or noninsurable commodity if the 

5 producers on the farm— 

6 (1) in the case of an insurable commodity, did 

7 not obtain a policy or plan of insurance for the in8 surable commodity under the Federal Crop Insur9 ance Act (7 U.S.C. 1501 et seq.) for the crop incur10 ring the losses; 

11 (2) in the case of a noninsurable commodity, 

12 did not file the required paperwork, and pay the ad13 ministrative fee by the applicable State filing dead14 line, for the noninsurable commodity under section 

15 196 of the Federal Agriculture Improvement and 

16 Reform Act of 1996 (7 U.S.C. 7333) for the crop 

17 incurring the losses; or 

18 (3) were not in compliance with highly erodible 

19 land conservation and wetland conservation provi20 sions. 

21 (g) TIMING.— 

22 (1) IN GENERAL.—Subject to paragraph (2), 

23 the Secretary of Agriculture shall make payments to 

24 producers on a farm for a crop under this section 

25 not later than 60 days after the date the producers 


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1 on the farm submit to the Secretary a completed ap2 plication for the payments. 

3 (2) INTEREST.—If the Secretary does not make 

4 payments to the producers on a farm by the date de5 scribed in paragraph (1), the Secretary shall pay to 

6 the producers on a farm interest on the payments at 

7 a rate equal to the current (as of the sign-up dead8 line established by the Secretary) market yield on 

9 outstanding, marketable obligations of the United 

10 States with maturities of 30 years. 

11 (h) DEFINITIONS.—In this section: 

12 (1) INSURABLE COMMODITY.—The term ‘‘insur13 able commodity’’ means an agricultural commodity 

14 (excluding livestock) for which the producers on a 

15 farm are eligible to obtain a policy or plan of insur16 ance under the Federal Crop Insurance Act (7 

17 U.S.C. 1501 et seq.). 

18 (2) NONINSURABLE COMMODITY.—The term 

19 ‘‘noninsurable commodity’’ means a crop for which 

20 the producers on a farm are eligible to obtain assist21 ance under section 196 of the Federal Agriculture 

22 Improvement and Reform Act of 1996 (7 U.S.C. 

23 7333). 

24 SEC. 3102. LIVESTOCK ASSISTANCE. 

25 (a) LIVESTOCK COMPENSATION PROGRAM.— 


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1 (1) AVAILABILITY OF ASSISTANCE.—There are 

2 hereby appropriated to the Secretary of Agriculture 

3 such sums as are necessary, to remain available 

4 until expended, to carry out the livestock compensa5 tion program established under subpart B of part 

6 1416 of title 7, Code of Federal Regulations, as an7 nounced by the Secretary on February 12, 2007 (72 

8 Fed. Reg. 6443), to provide compensation for live9 stock losses during calendar years 2005 and 2006, 

10 and during calendar year 2007 before the date of 

11 the enactment of this Act, due to a disaster, as de12 termined by the Secretary, including wildfire in the 

13 State of Texas and other States and blizzards in the 

14 States of Colorado, Kansas, Nebraska, New Mexico, 

15 and Oklahoma. However, the payment rate for com16 pensation under this subsection shall be 75 percent 

17 of the payment rate otherwise applicable under such 

18 program. 

19 (2) ELIGIBLE APPLICANTS.—In carrying out 

20 the program described in paragraph (1), the Sec21 retary shall provide assistance to any applicant 

22 that— 

23 (A) conducts a livestock operation that is 

24 located in a disaster county with eligible live25 stock specified in paragraph (1) of section 


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1 1416.102(a) of title 7, Code of Federal Regula2 tions (72 Fed. Reg. 6444), an animal described 

3 in section 10806(a)(1) of the Farm Security 

4 and Rural Investment Act of 2002 (21 U.S.C. 

5 321d(a)(1)), or other animals designated by the 

6 Secretary as livestock for purposes of this sub7 section; and 

8 (B) meets the requirements of paragraphs 

9 (3) and (4) of section 1416.102(a) of title 7, 

10 Code of Federal Regulations, and all other eligi11 bility requirements established by the Secretary 

12 for the program. 

13 (3) ELECTION OF LOSSES.—If a producer in14 curred eligible livestock losses in more than one of 

15 the 2005, 2006, or 2007 calendar years, the pro16 ducer shall elect to receive payments under this sub17 section for losses incurred in only one of such cal18 endar years, and such losses must have been in19 curred in a county declared or designated as a dis20 aster county in that same calendar year. 

21 (4) MITIGATION.—In determining the eligibility 

22 for or amount of payments for which a producer is 

23 eligible under the livestock compensation program, 

24 the Secretary shall not penalize a producer that 

25 takes actions (recognizing disaster conditions) that 


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1 reduce the average number of livestock the producer 

2 owned for grazing during the production year for 

3 which assistance is being provided. 

4 (5) LIMITATION.—The Secretary shall ensure, 

5 to the maximum extent practicable, that no producer 

6 on a farm receives duplicative payments under this 

7 subsection and another Federal program with re8 spect to any loss. 

9 (6) DEFINITIONS.—In this subsection: 

10 (A) DISASTER COUNTY.—The term ‘‘dis11 aster county’’ means— 

12 (i) a county included in the geo13 graphic area covered by a natural disaster 

14 declaration; and 

15 (ii) each county contiguous to a coun16 ty described in clause (i). 

17 (B) NATURAL DISASTER DECLARATION.— 

18 The term ‘‘natural disaster declaration’’ 

19 means— 

20 (i) a natural disaster declared by the 

21 Secretary during calendar year 2005 or 

22 2006, or calendar year 2007 before the 

23 date of the enactment of this Act, under 

24 section 321(a) of the Consolidated Farm 


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1 and Rural Development Act (7 U.S.C. 

2 1961(a)); or 

3 (ii) a major disaster or emergency 

4 designated by the President during cal5 endar year 2005 or 2006, or calendar year 

6 2007 before the date of the enactment of 

7 this Act, under the Robert T. Stafford Dis8 aster Relief and Emergency Assistance Act 

9 (42 U.S.C. 5121 et seq.). 

10 (b) LIVESTOCK INDEMNITY PAYMENTS.— 

11 (1) AVAILABILITY OF ASSISTANCE.—There are 

12 hereby appropriated to the Secretary of Agriculture 

13 such sums as are necessary, to remain available 

14 until expended, to make livestock indemnity pay15 ments to producers on farms that have incurred live16 stock losses during calendar years 2005 and 2006, 

17 and during calendar year 2007 before the date of 

18 the enactment of this Act, due to a disaster, as de19 termined by the Secretary, including hurricanes, 

20 floods, anthrax, wildfires in the State of Texas and 

21 other States, and blizzards in the States of Colo22 rado, Kansas, Nebraska, New Mexico, and Okla23 homa. 

24 (2) ELECTION OF LOSSES.—If a producer in25 curred eligible livestock losses in more than one of 


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1 the 2005, 2006, or 2007 calendar years, the pro2 ducer shall elect to receive payments under this sub3 section for losses incurred in only one of such cal4 endar years. The producer may not receive payments 

5 under this subsection for more than one calendar 

6 year. 

7 (3) PAYMENT RATES.—Indemnity payments to 

8 a producer on a farm under paragraph (1) shall be 

9 made at a rate of not less than 30 percent of the 

10 market value of the applicable livestock on the day 

11 before the date of death of the livestock, as deter12 mined by the Secretary. 

13 (4) LIVESTOCK DEFINED.—In this subsection, 

14 the term ‘‘livestock’’ means an animal that— 

15 (A) is specified in clause (i) of section 

16 1416.203(a)(2) of title 7, Code of Federal Reg17 ulations (72 Fed. Reg. 6445), or is designated 

18 by the Secretary as livestock for purposes of 

19 this subsection; and 

20 (B) meets the requirements of clauses (iii) 

21 and (iv) of such section. 

22 (c) LIMIT ON AMOUNT OF ASSISTANCE.—The Sec23 retary of Agriculture shall ensure, to the maximum extent 

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1 tive payments under this section and any other Federal 

2 program for the same loss. 

3 SEC. 3103. SPINACH. 

4 There is hereby appropriated to the Secretary of Ag5 riculture $25,000,000, to remain available until expended, 

6 to make payments to growers and first handlers, as de7 fined by the Secretary, of fresh spinach that were unable 

8 to market spinach crops as a result of the Food and Drug 

9 Administration Public Health Advisory issued on Sep10 tember 14, 2006. The payment made to a grower or first 

11 handler under this section shall not exceed 75 percent of 

12 the value of the unmarketed spinach crops. 

13 SEC. 3104. EMERGENCY CONSERVATION PROGRAM. 

14 There is hereby appropriated to the Secretary of Ag15 riculture $20,000,000, to remain available until expended, 

16 to provide assistance under the Emergency Conservation 

17 Program under title IV of the Agriculture Credit Act of 

18 1978 (16 U.S.C. 2201 et seq.) for the cleanup and restora19 tion of farmland damaged by freezing temperatures at any 

20 time during the period beginning on January 1, 2007, and 

21 ending on the date of the enactment of this Act. 

22 SEC. 3105. PAYMENT LIMITATIONS. 

23 (a) REDUCTION IN PAYMENTS TO REFLECT PAY24 MENTS FOR SAME OR SIMILAR LOSSES.—The amount of 

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1 tions 3101 and 3102 shall be reduced by any amount re2 ceived by the producer for the same loss or any similar 

3 loss under— 

4 (1) the Department of Defense, Emergency 

5 Supplemental Appropriations to Address Hurricanes 

6 in the Gulf of Mexico, and Pandemic Influenza Act, 

7 2006 (Public Law 109–148; 119 Stat. 2680); or 

8 (2) an agricultural disaster assistance provision 

9 contained in the announcement of the Secretary of 

10 Agriculture on January 26, 2006. 

11 (b) ADJUSTED GROSS INCOME LIMITATION.—Section 

12 1001D of the Food Security Act of 1985 (7 U.S.C. 1308– 

13 3a) shall apply with respect to assistance provided under 

14 sections 3101, 3102, 3103, and 3104. 

15 SEC. 3106. ADMINISTRATION. 

16 (a) REGULATIONS.—The Secretary of Agriculture 

17 may promulgate such regulations as are necessary to im18 plement sections 3101 and 3102. 

19 (b) PROCEDURE.—The promulgation of the imple20 menting regulations and the administration of sections 

21 3101 and 3102 shall be made without regard to— 

22 (1) the notice and comment provisions of sec23 tion 553 of title 5, United States Code; 

24 (2) the Statement of Policy of the Secretary of 

25 Agriculture effective July 24, 1971 (36 Fed. Reg. 


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1 13804), relating to notices of proposed rulemaking 

2 and public participation in rulemaking; and 

3 (3) chapter 35 of title 44, United States Code 

4 (commonly known as the ‘‘Paperwork Reduction 

5 Act’’). 

6 (c) CONGRESSIONAL REVIEW OF AGENCY RULE7 MAKING.—In carrying out this section, the Secretary of 

8 Agriculture shall use the authority provided under section 

9 808 of title 5, United States Code. 

10 (d) USE OF COMMODITY CREDIT CORPORATION; 

11 LIMITATION.—In implementing sections 3101 and 3102, 

12 the Secretary of Agriculture may use the facilities, serv13 ices, and authorities of the Commodity Credit Corpora14 tion. The Corporation shall not make any expenditures to 

15 carry out sections 3101 and 3102 unless funds have been 

16 specifically appropriated for such purpose. 

17 SEC. 3107. MILK INCOME LOSS CONTRACT PROGRAM. 

18 Notwithstanding subsections (c)(3), (f), and (g) of 

19 section 1502 of the Farm Security and Rural Investment 

20 Act of 2002 (7 U.S.C. 7982), there is hereby appropriated 

21 $283,000,000, to remain available until expended, for pay22 ments under such section, using the payment rate speci23 fied in subsection (c)(3)(B) of such section, from Sep24 tember 1, 2007, through September 30, 2008. Of such 

25 amount, $252,000,000 shall be available only on or after 


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1 September 30, 2007, and only so long as an Act to provide 

2 for the continuation of agricultural programs for fiscal 

3 years after 2007, including such section 1502, is not en4 acted. 

5 SEC. 3108. PEANUT STORAGE COSTS. 

6 Notwithstanding subsection (a)(6) of section 1307 of 

7 the Farm Security and Rural Investment Act of 2002 (7 

8 U.S.C. 7957), there is hereby appropriated $74,000,000, 

9 to remain available until expended, for the payment of 

10 storage, handling, and other associated costs for the 2007 

11 crop of peanuts to ensure proper storage of peanuts for 

12 which a loan is made under such section. Of such amount, 

13 $74,000,000 shall be available only on or after September 

14 30, 2007, and only so long as an Act to provide for the 

15 continuation of agricultural programs for fiscal years after 

16 2007, including such section 1307, is not enacted. 

17 SEC. 3109. LOSSES DUE TO APHIS EMERGENCY ORDER. 

18 There is hereby appropriated to the Secretary of Ag19 riculture $5,000,000, to remain available until expended, 

20 to provide compensation to aquaculture operations and 

21 other persons in the United States engaged in the business 

22 of breeding, rearing, or transporting live fish to cover all 

23 or a portion of the economic losses incurred by the oper24 ation or person as a result of the emergency order issued 

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1 tober 24, 2006, prohibiting the importation of specified 

2 species of live fish from Ontario and Quebec, Canada, and 

3 the interstate movement of these same species of fish from 

4 New York, Pennsylvania, Ohio, Michigan, Indiana, Illi5 nois, Minnesota, or Wisconsin due to outbreaks of viral 

6 hemorrhagic septicemia. The operation or person seeking 

7 compensation shall be required to document to the satis8 faction of the Secretary the economic losses so incurred 

9 as a result of the emergency order. 

10 SEC. 3110. EMERGENCY DESIGNATION. 

11 The amounts provided in this title are designated as 

12 an emergency requirement pursuant to section 501 of H. 

13 Con. Res. 376 (109th Congress), as made applicable to 

14 the House of Representatives by section 511(a)(4) of H. 

15 Res. 6 (110th Congress). 

16 TITLE IV—OTHER MATTERS 

17 CHAPTER 1 

18 DEPARTMENT OF AGRICULTURE 

19 FARM SERVICE AGENCY

20 SALARIES AND EXPENSES

21 For an additional amount for ‘‘Salaries and Ex22 penses’’, $48,000,000. 

23 GENERAL PROVISIONS—THIS CHAPTER 

24 SEC. 4101. Of the funds made available through ap25 propriations to the Food and Drug Administration for fisVerDate Aug 31 2005 03:42 Mar 21, 2007 Jkt 059200 PO 00000 Frm 00119 Fmt 6652 Sfmt 6201 E:\BILLS\H1591.RH H1591

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1 cal year 2007, not less than $4,000,000 shall be for the 

2 Office of Women’s Health of such Administration. 

3 SEC. 4102. None of the funds made available to the 

4 Department of Agriculture for fiscal year 2007 may be 

5 used for a risk-based inspection program for poultry or 

6 meat unless the Secretary of Agriculture considers such 

7 program to be a rule under chapter 5 of title 5, United 

8 States Code. 

9 CHAPTER 2 

10 DEPARTMENT OF COMMERCE 

11 NATIONAL OCEANIC AND ATMOSPHERIC

12 ADMINISTRATION

13 OPERATIONS, RESEARCH, AND FACILITIES

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

15 and Facilities’’, National Marine Fisheries Service, 

16 $60,400,000, to remain available until September 30, 

17 2008: Provided, That the National Marine Fisheries Serv18 ice shall cause such amounts to be distributed among fish19 ing communities, Indian tribes, individuals, small busi20 nesses, including fishermen, fish processors, and related 

21 businesses, and other persons for assistance to mitigate 

22 the economic and other social effects caused by the com23 mercial fishery failure as determined by the Secretary on 

24 August 10, 2006: Provided further, That the amount pro25 vided under this heading is designated as an emergency 


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1 requirement pursuant to section 501 of H. Con. Res. 376 

2 (109th Congress), as made applicable to the House of 

3 Representatives by section 511(a)(4) of H. Res. 6 (110th 

4 Congress). 

5 CHAPTER 3 

6 SEC. 4301. (a) Section 102(a)(3)(B) of the Help 

7 America Vote Act of 2002 (42 U.S.C. 15302(a)(3)(B)) is 

8 amended by striking ‘‘January 1, 2006’’ and inserting 

9 ‘‘January 1, 2008’’. 

10 (b) The amendment made by subsection (a) shall take 

11 effect as if included in the enactment of the Help America 

12 Vote Act of 2002. 

13 CHAPTER 4 

14 DEPARTMENT OF HOMELAND SECURITY 

15 GENERAL PROVISIONS

16 (RESCISSION)

17 SEC. 4401. Of the unobligated balances made avail18 able pursuant to section 505 of Public Law 109–90, 

19 $89,800,000 are rescinded. 

20 SEC. 4402. The last two provisos under the heading 

21 ‘‘Department of Homeland Security, Customs and Border 

22 Protection—Salaries and Expenses’’ in Public Law 109– 

23 90 shall remain in effect through September 30, 2007. 


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1 SEC. 4403. (a) IN GENERAL.—Any contract, sub2 contract, or task order described in subsection (b) shall 

3 contain the following: 

4 (1) A requirement for a technical review of all 

5 designs, design changes, and engineering change 

6 proposals, and a requirement to specifically address 

7 all engineering concerns identified in the review be8 fore the obligation of further funds may occur. 

9 (2) A requirement that the Coast Guard main10 tain technical warrant holder authority, or the equiv11 alent, for major assets. 

12 (3) A requirement for independent cost esti13 mates of major changes. 

14 (4) A requirement for measurement of con15 tractor and subcontractor performance based on the 

16 status of all work performed. 

17 (b) CONTRACTS, SUBCONTRACTS, AND TASK ORDERS

18 COVERED.—Subsection (a) applies to— 

19 (1) any major procurement contract entered 

20 into by the Coast Guard; 

21 (2) any subcontract entered into under such a 

22 contract; and 

23 (3) any task order issued pursuant to such a 

24 contract or subcontract. 


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1 (c) PLAN FOR EXPENDITURE OF DEEPWATER

2 FUNDS.—The funds appropriated in Public Law 109–295 

3 for the Integrated Deepwater Systems program may not 

4 be obligated until the Committees on Appropriations of the 

5 Senate and the House of Representatives receive and ap6 prove a plan for expenditure that— 

7 (1) defines activities, milestones, yearly costs, 

8 and lifecycle costs for each procurement of a major 

9 asset, including an independent cost estimate for 

10 each; 

11 (2) identifies lifecycle staffing and training 

12 needs of Coast Guard project managers and of pro13 curement and contract staff; 

14 (3) identifies all Integrated Product Teams that 

15 are not chaired by Coast Guard personnel and ex16 plains why the Coast Guard does not chair; 

17 (4) identifies competition to be conducted in 

18 each procurement; 

19 (5) does not rely on a single industry entity or 

20 contract; 

21 (6) contains very limited indefinite delivery/in22 definite quantity contracts and explains the need for 

23 any indefinite delivery/indefinite quantity contracts; 

24 (7) complies with all applicable acquisition 

25 rules, requirements, and guidelines, and incorporates 


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1 the best systems acquisition management practices 

2 of the Federal Government; 

3 (8) complies with the capital planning and in4 vestment control requirements established by the Of5 fice of Management and Budget, including circular 

6 A–11, part 7; 

7 (9) includes a certification by the Chief Pro8 curement Officer of the Department of Homeland 

9 Security that the Coast Guard has established suffi10 cient controls and procedures to comply with all con11 tracting requirements and that any apparent con12 flicts of interest have been sufficiently addressed; 

13 (10) includes a description of the process used 

14 to act upon deviations from the contractually speci15 fied performance requirements and clearly explains 

16 the actions taken on such deviations; and 

17 (11) is reviewed by the Government Account18 ability Office. 

19 SEC. 4404. (a) IN GENERAL.—With respect to con20 tracts entered into after May 1, 2007, and except as pro21 vided in subsection (b), no entity performing lead system 

22 integrator functions in the acquisition of a major system 

23 by the Department of Homeland Security may have any 

24 direct financial interest in the development or construction 


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1 of any individual system or element of any system of sys2 tems. 

3 (b) EXCEPTION.—An entity described in subsection 

4 (a) may have a direct financial interest in the development 

5 or construction of an individual system or element of a 

6 system of systems if— 

7 (1) the Secretary of Homeland Security cer8 tifies to the Committees on Appropriations of the 

9 Senate and the House of Representatives and the 

10 House Committee on Homeland Security that— 

11 (A) the entity was selected by the Depart12 ment of Homeland Security as a contractor to 

13 develop or construct the system or element con14 cerned through the use of competitive proce15 dures; and 

16 (B) the Department took appropriate steps 

17 to prevent any organizational conflict of interest 

18 in the selection process; or 

19 (2) the entity was selected by a subcontractor 

20 to serve as a lower-tier subcontractor, through a 

21 process over which the entity exercised no control. 

22 (c) CONSTRUCTION.—Nothing in this section shall be 

23 construed to preclude an entity described in subsection (a) 

24 from performing work necessary to integrate two or more 


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1 individual systems or elements of a system of systems with 

2 each other. 

3 (d) REGULATIONS UPDATE.—Not later than May 1, 

4 2007, the Secretary of Homeland Security shall update 

5 the acquisition regulations of the Department of Home6 land Security in order to specify fully in such regulations 

7 the matters with respect to lead system integrators set 

8 forth in this section. Included in such regulations shall be 

9 (1) a precise and comprehensive definition of the term 

10 ‘‘lead system integrator’’, modeled after that used by the 

11 Department of Defense, and (2) a specification of various 

12 types of contracts and fee structures that are appropriate 

13 for use by lead system integrators in the production, field14 ing, and sustainment of complex systems. 

15 CHAPTER 5 

16 DEPARTMENT OF THE INTERIOR 

17 BUREAU OF LAND MANAGEMENT

18 WILDLAND FIRE MANAGEMENT

19 (INCLUDING TRANSFER OF FUNDS)

20 For an additional amount for ‘‘Wildland Fire Man21 agement’’, $100,000,000, to remain available until ex22 pended, for urgent wildland fire suppression activities: 

23 Provided, That such funds shall only become available if 

24 funds previously provided for wildland fire suppression will 

25 be exhausted imminently and the Secretary of the Interior 

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1 tions in writing of the need for these additional funds: Pro2 vided further, That such funds are also available for repay3 ment to other appropriation accounts from which funds 

4 were transferred for wildfire suppression: Provided further, 

5 That the amount provided under this heading is des6 ignated as an emergency requirement pursuant to section 

7 501 of H. Con. Res. 376 (109th Congress), as made appli8 cable to the House of Representatives by section 511(a)(4) 

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

10 UNITED STATES FISH AND WILDLIFE SERVICE

11 RESOURCE MANAGEMENT

12 For an additional amount for ‘‘Resource Manage13 ment’’ for the detection of highly pathogenic avian influ14 enza in wild birds, including the investigation of morbidity 

15 and mortality events, targeted surveillance in live wild 

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

17 $7,398,000, to remain available until September 30, 2008. 

18 NATIONAL PARK SERVICE

19 OPERATION OF THE NATIONAL PARK SYSTEM

20 For an additional amount for ‘‘Operation of the Na21 tional Park System’’ for the detection of highly pathogenic 

22 avian influenza in wild birds, including the investigation 

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

24 available until September 30, 2008. 


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1 U.S. GEOLOGICAL SURVEY

2 SURVEYS, INVESTIGATIONS, AND RESEARCH

3 For an additional amount for ‘‘Surveys, Investiga4 tions, and Research’’ for the detection of highly patho5 genic avian influenza in wild birds, including the investiga6 tion of morbidity and mortality events, targeted surveil7 lance in live wild birds, and targeted surveillance in 

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

9 September 30, 2008. 

10 DEPARTMENT OF AGRICULTURE 

11 FOREST SERVICE

12 WILDLAND FIRE MANAGEMENT

13 (INCLUDING TRANSFER OF FUNDS)

14 For an additional amount for ‘‘Wildland Fire Man15 agement’’, $400,000,000, to remain available until ex16 pended, for urgent wildland fire suppression activities: 

17 Provided, That such funds shall only become available if 

18 funds provided previously for wildland fire suppression will 

19 be exhausted imminently and the Secretary of Agriculture 

20 notifies the House and Senate Committees on Appropria21 tions in writing of the need for these additional funds: Pro22 vided further, That such funds are also available for repay23 ment to other appropriation accounts from which funds 

24 were transferred for wildfire suppression: Provided further, 

25 That the amount provided under this heading is des26 ignated as an emergency requirement pursuant to section 


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1 501 of H. Con. Res. 376 (109th Congress), as made appli2 cable to the House of Representatives by section 511(a)(4) 

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

4 GENERAL PROVISIONS—THIS CHAPTER 

5 SEC. 4501. There is appropriated not to exceed 

6 $400,000,000 to the Department of Agriculture, to be 

7 used for one-time payments to be allocated, to the max8 imum extent practicable, in the same amounts and in the 

9 same manner as were paid to States and others in 2006 

10 under the Secure Rural Schools and Community Self-De11 termination Act of 2000 (Public Law 106–393; 16 U.S.C. 

12 500 note): Provided, That the amount provided under this 

13 heading is designated as an emergency requirement pursu14 ant to section 501 of H. Con. Res. 376 (109th Congress), 

15 as made applicable to the House of Representatives by sec16 tion 511(a)(4) of H. Res. 6 (110th Congress). 

17 SEC. 4502. Section 20515 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 before the period: ‘‘; and of which, not to exceed 

21 $9,019,000 shall be available, in addition to amounts oth22 erwise available, for contract support costs’’. 

23 SEC. 4503. Section 20512 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 inserting after the first dollar amount: ‘‘, of which, not 

2 to exceed $5,000,000 shall be available, in addition to 

3 amounts otherwise available, for contract support costs; 

4 and of which, not to exceed $7,300,000 may be trans5 ferred to the ‘Indian Health Facilities’ account,’’. 

6 SEC. 4504. Section 20501 of the Continuing Appro7 priations Resolution, 2007 (division B of Public Law 109– 

8 289, as amended by Public Law 110–5) is amended by 

9 inserting after $55,663,000 ‘‘of which $13,000,000 shall 

10 be for Save America’s Treasures’’. 

11 CHAPTER 6 

12 DEPARTMENT OF HEALTH AND HUMAN 

13 SERVICES 

14 NATIONAL INSTITUTES OF HEALTH

15 NATIONAL INSTITUTE OF ALLERGY AND INFECTIOUS

16 DISEASES

17 (TRANSFER OF FUNDS)

18 Of the amount provided by the Continuing Appro19 priations Resolution, 2007 (division B of Public Law 109– 

20 289, as amended by Public Law 110–5) for ‘‘National In21 stitute of Allergy and Infectious Diseases’’, $49,500,000 

22 shall be transferred to ‘‘Public Health and Social Services 

23 Emergency Fund’’ to carry out activities relating to ad24 vanced research and development as provided by section 

25 319L of the Public Health Service Act. 


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1 ADMINISTRATION FOR CHILDREN AND FAMILIES

2 LOW-INCOME HOME ENERGY ASSISTANCE

3 For an additional amount to make payments under 

4 section 2604(a)–(d) of the Low-Income Home Energy As5 sistance Act of 1981 (42 U.S.C. 8623(a)–(d)), 

6 $200,000,000: Provided, That grantees may obligate the 

7 funds made available by this paragraph through Sep8 tember 30, 2008, to meet the home energy assistance 

9 needs arising from an emergency as defined in section 

10 2603(1) of such Act (42 U.S.C. 8622(1)) or for energy 

11 crisis intervention under section 2604(c) of such Act (42 

12 U.S.C. 8623(c)) except that, in carrying out this para13 graph, the Governor of a State (or equivalent authority 

14 in the case of grantee other than a State) shall be treated 

15 as the Secretary for purposes of such section 2603(1): 

16 Provided further, That the amount provided by this para17 graph is designated as an emergency requirement pursu18 ant to section 501 of H. Con. Res. 376 (109th Congress), 

19 as made applicable to the House of Representatives by sec20 tion 511(a)(4) of H. Res. 6 (110th Congress). 

21 For an additional amount to make payments under 

22 section 2604(e) of the Low-Income Home Energy Assist23 ance Act of 1981 (42 U.S.C. 8623(e)), $200,000,000: Pro24 vided, That the amount provided by this paragraph is des25 ignated as an emergency requirement pursuant to section 


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1 501 of H. Con. Res. 376 (109th Congress), as made appli2 cable to the House of Representatives by section 511(a)(4) 

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

4 OFFICE OF THE SECRETARY

5 PUBLIC HEALTH AND SOCIAL SERVICES EMERGENCY

6 FUND

7 (INCLUDING TRANSFER OF FUNDS)

8 For an additional amount for ‘‘Public Health and So9 cial Services Emergency Fund’’ to prepare for and re10 spond to an influenza pandemic, $969,650,000 to remain 

11 available until expended: Provided, That $870,000,000 

12 shall be for activities including the development and pur13 chase of vaccine, antivirals, necessary medical supplies, 

14 diagnostics, and other surveillance tools: Provided further, 

15 That products purchased with these funds may, at the dis16 cretion of the Secretary of Health and Human Services, 

17 be deposited in the Strategic National Stockpile: Provided 

18 further, That notwithstanding section 496(b) of the Public 

19 Health Service Act, funds may be used for the construc20 tion or renovation of privately owned facilities for the pro21 duction of pandemic vaccine and other biologicals, where 

22 the Secretary finds such a contract necessary to secure 

23 sufficient supplies of such vaccines or biologicals: Provided 

24 further, That funds appropriated herein may be trans25 ferred to other appropriation accounts of the Department 

26 of Health and Human Services, as determined by the SecVerDate Aug 31 2005 03:42 Mar 21, 2007 Jkt 059200 PO 00000 Frm 00132 Fmt 6652 Sfmt 6201 E:\BILLS\H1591.RH H1591

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1 retary to be appropriate, to be used for the purposes speci2 fied in this sentence: Provided further, That not less than 

3 $34,650,000 shall be for the Centers for Disease Control 

4 and Prevention for laboratory diagnostics and analytical 

5 capabilities: Provided further, That the amount provided 

6 under this heading is designated as an emergency require7 ment pursuant to section 501 of H. Con. Res. 376 (109th 

8 Congress), as made applicable to the House of Representa9 tives by section 511(a)(4) of H. Res. 6 (110th Congress). 

10 COVERED COUNTERMEASURE PROCESS FUND

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

12 Service Act (42 U.S.C. 247d–6e) to compensate individ13 uals for injuries caused by H5N1 vaccine, in accordance 

14 with the declaration regarding avian influenza viruses 

15 issued by the Secretary of Health and Human Services 

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

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

18 available until expended: Provided, That the amount pro19 vided under this heading is designated as an emergency 

20 requirement pursuant to section 501 of H. Con. Res. 376 

21 (109th Congress), as made applicable to the House of 

22 Representatives by section 511(a)(4) of H. Res. 6 (110th 

23 Congress). 


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1 GENERAL PROVISIONS—THIS CHAPTER 

2 (INCLUDING TRANSFER OF FUNDS)

3 SEC. 4601. Section 20602 of the Continuing Appro4 priations Resolution, 2007 (division B of Public Law 109– 

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

6 striking ‘‘of which no less than $5,000,000 shall be’’ and 

7 inserting the following: ‘‘of which $7,500,000 (together 

8 with an additional $7,000,000 which shall be transferred 

9 by the Pension Benefit Guaranty Corporation as an au10 thorized administrative cost) shall be available when need11 ed through September 30, 2008,’’. 

12 SEC. 4602. Section 20608(a) of the Continuing Ap13 propriations Resolution, 2007 (division B of Public Law 

14 109–289, as amended by Public Law 110–5) is amended 

15 by inserting ‘‘and which shall be available for obligation 

16 by the States through December 31, 2007,’’ after ‘‘Public 

17 Law 103–353,’’. 

18 SEC. 4603. Section 20625(b)(1) of the Continuing 

19 Appropriations Resolution, 2007 (division B of Public 

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

21 amended by— 

22 (1) striking ‘‘$7,172,994,000’’ and inserting 

23 ‘‘$7,176,431,000’’; 

24 (2) amending subparagraph (A) to read as fol25 lows: ‘‘(A) $5,454,824,000 shall be for basic grants 


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1 under section 1124 of the Elementary and Sec2 ondary Education Act of 1965 (ESEA), of which up 

3 to $3,437,000 shall be available to the Secretary of 

4 Education on October 1, 2006, to obtain annually 

5 updated educational-agency-level census poverty data 

6 from the Bureau of the Census;’’; and 

7 (3) amending subparagraph (C) to read as fol8 lows: ‘‘(C) not to exceed $2,352,000 may be avail9 able for section 1608 of the ESEA and for a clear10 inghouse on comprehensive school reform under part 

11 D of title V of the ESEA;’’. 

12 SEC. 4604. 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 CHAPTER 7 

20 LEGISLATIVE BRANCH 

21 PAYMENT TO WIDOWS AND HEIRS OF 

22 DECEASED MEMBERS OF CONGRESS 

23 For payment to Gloria W. Norwood, widow of Charles 

24 W. Norwood, Jr., late a Representative from the State of 

25 Georgia, $165,200. 


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1 ARCHITECT OF THE CAPITOL 

2 CAPITOL POWER PLANT 

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

4 $50,000,000, for asbestos abatement and other improve5 ments, to remain available until September 30, 2011: Pro6 vided, That the amount provided under this heading is 

7 designated as an emergency requirement pursuant to sec8 tion 501 of H. Con. Res. 376 (109th Congress), as made 

9 applicable to the House of Representatives by section 

10 511(a)(4) of H. Res. 6 (110th Congress). 

11 CHAPTER 8 

12 DEPARTMENT OF STATE 

13 INTERNATIONAL COMMISSIONS

14 INTERNATIONAL BOUNDARY AND WATER COMMISSION, 

15 UNITED STATES AND MEXICO

16 CONSTRUCTION

17 For an additional amount for ‘‘International Bound18 ary and Water Commission, United States and Mexico, 

19 Construction’’, $10,000,000, to remain available until ex20 pended, as authorized. 

21 GENERAL PROVISIONS—THIS CHAPTER 

22 SEC. 4801. (a) MIDDLE EAST FOUNDATION.—Sec23 tion 534(k) of the Foreign Operations, Export Financing, 

24 and Related Programs Appropriations Act, 2006 (Public 

25 Law 109–102) is amended, in the second proviso, by in26 serting after ‘‘subsection (b) of that section’’ the following: 


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1 ‘‘and the requirement that a majority of the members of 

2 the board of directors be United States citizens provided 

3 in subsection (d)(3)(B) of that section’’. 

4 SEC. 4802. Notwithstanding any provision of title I 

5 of division B of the Continuing Appropriations Resolution, 

6 2007 (division B of Public Law 109–289, as amended by 

7 Public Laws 109–369, 109–383, and 110–5), the dollar 

8 amount limitation of the first proviso under the heading, 

9 ‘‘Administration of Foreign Affairs, Diplomatic and Con10 sular Programs’’, in title IV of the Science, State, Justice, 

11 Commerce, and Related Agencies Appropriations Act, 

12 2006 (Public Law 109–108; 119 Stat. 2319) shall not 

13 apply to funds appropriated under such heading for fiscal 

14 year 2007. 

15 SEC. 4803. Amounts appropriated for fiscal year 

16 2007 for ‘‘Bilateral Economic Assistance—Department of 

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

18 Liberia in retiring its debt arrearages to the International 

19 Monetary Fund, the International Bank for Reconstruc20 tion and Development, and the African Development 

21 Bank. 

22 CHAPTER 9 

23 SEC. 4901. Funds provided for the ‘‘National Trans24 portation Safety Board, Salaries and Expenses’’ in section 

25 21031 of the Continuing Appropriations Resolution, 2007 


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1 (division B of Public Law 109–289, as amended by Public 

2 Law 110–5) include amounts necessary to make lease pay3 ments due in fiscal year 2007 on an obligation incurred 

4 in 2001 under a capital lease. 

5 SEC. 4902. Section 21033 of the Continuing Appro6 priations Resolution, 2007 (division B of Public Law 109– 

7 289, as amended by Public Law 110–5) is amended by 

8 adding after the second proviso: ‘‘: Provided further, That 

9 paragraph (2) under such heading in Public Law 109– 

10 115 (119 Stat. 2441) shall be funded at $149,300,000, 

11 but additional section 8 tenant protection rental assistance 

12 costs may be funded in 2007 by using unobligated bal13 ances, notwithstanding the purposes for which such 

14 amounts were appropriated, including recaptures and car15 ryover, remaining from funds appropriated to the Depart16 ment of Housing and Urban Development under this 

17 heading, the heading ‘Annual Contributions for Assisted 

18 Housing’, the heading ‘Housing Certificate Fund’, and the 

19 heading ‘Project-Based Rental Assistance’ for fiscal year 

20 2006 and prior fiscal years: Provided further, That para21 graph (3) under such heading in Public Law 109–115 

22 (119 Stat. 2441) shall be funded at $47,500,000: Pro23 vided further, That paragraph (4) under such heading in 

24 Public Law 109–115 (119 Stat. 2441) shall be funded at 

25 $5,900,000: Provided further, That paragraph (5) under 


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1 such heading in Public Law 109–115 (119 Stat. 2441) 

2 shall be funded at $1,281,100,000, of which 

3 $1,251,100,000 shall be allocated for the calendar year 

4 2007 funding cycle on a pro rata basis to public housing 

5 agencies based on the amount public housing agencies 

6 were eligible to receive in calendar year 2006, and of which 

7 up to $30,000,000 shall be available to the Secretary to 

8 allocate to public housing agencies that need additional 

9 funds to administer their section 8 programs, with up to 

10 $20,000,000 to be for fees associated with section 8 tenant 

11 protection rental assistance’’. 

12 SEC. 4903. Section 21033 of the Continuing Appro13 priations Resolution, 2007 (division B of Public Law 109– 

14 289, as amended by Public Law 110–5) is amended (prior 

15 to amendment by the preceding section of this chapter) 

16 by adding after the third proviso: ‘‘: Provided further, That 

17 notwithstanding the previous proviso, except for applying 

18 the 2007 Annual Adjustment Factor and making any 

19 other specified adjustments, public housing agencies in the 

20 following categories shall receive renewal funding for cal21 endar year 2007 equal to the amounts, prior to prorations, 

22 such public housing agencies were eligible to receive in cal23 endar year 2006, prorated at the calendar year 2006 rate: 

24 (1) public housing agencies that would receive less funding 

25 under the previous proviso than they would receive under 


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1 this proviso and that are located in any area declared a 

2 major disaster under the Robert T. Stafford Disaster Re3 lief and Emergency Act (42 U.S.C. 1521 et seq.) with re4 spect to hurricanes that occurred in calendar years 2004 

5 and 2005; (2) public housing agencies participating in the 

6 Moving to Work Demonstration; (3) public housing agen7 cies that, during calendar year 2007 but prior to June 

8 1, 2007, are in receivership, or the Department of Hous9 ing and Urban Development has declared to be in breach 

10 of an Annual Contributions Contract; or (4) public hous11 ing agencies that overspent their allocation for calendar 

12 year 2006 and available housing assistance payments bal13 ance from calendar year 2005’’. 

14 SEC. 4904. Chapter 10 of title II of the Continuing 

15 Appropriations Resolution, 2007 (division B of Public 

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

17 amended by inserting after section 21041 the following 

18 new section: 

19 ‘‘SEC. 21041A. The provisions under the heading 

20 ‘Department of Housing and Urban Development, Office 

21 of Federal Housing Enterprise Oversight, Salaries and 

22 Expenses’ in title III of division A of Public Law 109– 

23 115 shall be applied to funds appropriated by this division 

24 by substituting ‘$67,568,000’ for ‘$60,000,000’.’’. 


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1 SEC. 4905. Section 21033 of the Continuing Appro2 priations Resolution, 2007 (division B of Public Law 109– 

3 289, as amended by Public Law 110–5) is amended (prior 

4 to amendment by the preceding sections of this chapter) 

5 by striking the sixth proviso. 

6 SEC. 4906. Section 232(b) of the Departments of 

7 Veterans Affairs and Housing and Urban Development, 

8 and Independent Agencies Appropriations Act, 2001 

9 (Public Law 106–377) is amended to read as follows: 

10 ‘‘(b) APPLICABILITY.—In the case of any dwelling 

11 unit that, upon the date of the enactment of this Act, is 

12 assisted under a housing assistance payment contract 

13 under section 8(o)(13) as in effect before such enactment, 

14 or under section 8(d)(2) of the United States Housing Act 

15 of 1937 (42 U.S.C. 1437f(d)(2)) as in effect before the 

16 enactment of the Quality Housing and Work Responsi17 bility Act of 1998 (title V of Public Law 105–276), assist18 ance may be renewed or extended under such section 

19 8(o)(13), as amended by subsection (a), provided that the 

20 initial contract term and rent of such renewed or extended 

21 assistance shall be determined pursuant to subparagraphs 

22 (F) and (H), and subparagraphs (C) and (D) of such sec23 tion shall not apply to such extensions or renewals.’’. 


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1 GENERAL PROVISION—THIS ACT 

2 SEC. 4910. No part of any appropriation contained 

3 in this Act shall remain available for obligation beyond 

4 the current fiscal year unless expressly so provided herein. 

5 TITLE V—CONTRACTING REFORM 

6 SEC. 5001. MINIMIZING SOLE-SOURCE CONTRACTS. 

7 (a) PLANS REQUIRED.—Subject to subsection (c), 

8 the head of each executive agency covered by title III of 

9 the Federal Property and Administrative Services Act of 

10 1949 (41 U.S.C. 251 et seq.) and the head of each agency 

11 covered by chapter 137 of title 10, United States Code, 

12 shall develop and implement a plan to minimize the use 

13 of contracts entered into using procedures other than com14 petitive procedures by the agency concerned. The plan 

15 shall contain measurable goals and shall be completed and 

16 submitted to the Committee on Oversight and Government 

17 Reform of the House of Representatives and the Com18 mittee on Homeland Security and Governmental Affairs 

19 of the Senate, the Committees on Appropriations of the 

20 House of Representatives and the Senate, with a copy pro21 vided to the Comptroller General, not later than 1 year 

22 after the date of the enactment of this Act. 

23 (b) COMPTROLLER GENERAL REVIEW.—The Comp24 troller General shall review the plans provided under sub25 section (a) and submit a report to Congress on the plans 


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1 not later than 18 months after the date of the enactment 

2 of this Act. 

3 (c) REQUIREMENT LIMITED TO CERTAIN AGEN4 CIES.—The requirement of subsection (a) shall apply only 

5 to those agencies that awarded contracts in a total amount 

6 of at least $1,000,000,000 in the fiscal year preceding the 

7 fiscal year in which the report is submitted. 

8 SEC. 5002. MINIMIZING COST-REIMBURSEMENT TYPE CON9 TRACTS. 

10 (a) PLANS REQUIRED.—Subject to subsection (c), 

11 the head of each executive agency covered by title III of 

12 the Federal Property and Administrative Services Act of 

13 1949 (41 U.S.C. 251 et seq.) and the head of each agency 

14 covered by chapter 137 of title 10, United States Code, 

15 shall develop and implement a plan to minimize the use 

16 of cost-reimbursement type contracts by the agency con17 cerned. The plan shall contain measurable goals and shall 

18 be completed and submitted to the Committee on Over19 sight and Government Reform of the House of Represent20 atives and the Committee on Homeland Security and Gov21 ernmental Affairs of the Senate, the Committees on Ap22 propriations of the House of Representatives and the Sen23 ate, with a copy provided to the Comptroller General, not 

24 later than 1 year after the date of the enactment of this 

25 Act. 


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1 (b) COMPTROLLER GENERAL REVIEW.—The Comp2 troller General shall review the plans provided under sub3 section (a) and submit a report to Congress on the plans 

4 not later than 18 months after the date of the enactment 

5 of this Act. 

6 (c) REQUIREMENT LIMITED TO CERTAIN AGEN7 CIES.—The requirement of subsection (a) shall apply only 

8 to those agencies that awarded contracts in a total amount 

9 of at least $1,000,000,000 in the fiscal year preceding the 

10 fiscal year in which the report is submitted. 

11 SEC. 5003. PUBLIC DISCLOSURE OF JUSTIFICATION AND 

12 APPROVAL DOCUMENTS FOR NONCOMPETI13 TIVE CONTRACTS. 

14 (a) CIVILIAN AGENCY CONTRACTS.—Section 303 of 

15 the Federal Property and Administrative Services Act of 

16 1949 (41 U.S.C. 253) is amended by adding at the end 

17 the following new subsection: 

18 ‘‘(j)(1) In the case of a procurement permitted by 

19 subsection (c), the head of an executive agency shall make 

20 publicly available, within 14 days after the award of the 

21 contract, the documents containing the justification and 

22 approval required by subsection (f)(1) with respect to the 

23 procurement. 


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1 ‘‘(2) The documents shall be made available on the 

2 website of the agency and through the Federal Procure3 ment Data System. 

4 ‘‘(3) This subsection does not require the public avail5 ability of information that is exempt from public disclosure 

6 under section 552(b) of title 5, United States Code.’’. 

7 (b) DEFENSE AGENCY CONTRACTS.—Section 2304 

8 of title 10, United States Code, is amended by adding at 

9 the end the following new subsection: 

10 ‘‘(l)(1) In the case of a procurement permitted by 

11 subsection (c), the head of an agency shall make publicly 

12 available, within 14 days after the award of the contract, 

13 the documents containing the justification and approval 

14 required by subsection (f)(1) with respect to the procure15 ment. 

16 ‘‘(2) The documents shall be made available on the 

17 website of the agency and through the Federal Procure18 ment Data System. 

19 ‘‘(3) This subsection does not require the public avail20 ability of information that is exempt from public disclosure 

21 under section 552(b) of title 5, United States Code.’’. 

22 SEC. 5004. DISCLOSURE OF GOVERNMENT CONTRACTOR 

23 OVERCHARGES. 

24 (a) QUARTERLY REPORT TO CONGRESS.— 


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1 (1) The head of each Federal agency or depart2 ment shall submit to the chairman and ranking 

3 member of each committee specified in paragraph 

4 (2) on a quarterly basis a report that includes the 

5 following: 

6 (A) A list of audits or other reports issued 

7 during the applicable quarter that describe con8 tractor costs in excess of $1,000,000 that have 

9 been identified as unjustified, unsupported, 

10 questioned, or unreasonable under any contract, 

11 task or delivery order, or subcontract. 

12 (B) The specific amounts of costs identi13 fied as unjustified, unsupported, questioned, or 

14 unreasonable and the percentage of their total 

15 value of the contract, task or delivery order, or 

16 subcontract. 

17 (C) A list of audits or other reports issued 

18 during the applicable quarter that identify sig19 nificant or substantial deficiencies in the per20 formance of any contractor or in any business 

21 system of any contractor under any contract, 

22 task or delivery order, or subcontract. 

23 (2) The report described in paragraph (1) shall 

24 be submitted to the Committee on Oversight and 

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1 tives, the Committee on Homeland Security and 

2 Governmental Affairs of the Senate, the Committees 

3 on Appropriations of the House of Representatives 

4 and the Senate, and other committees of jurisdic5 tion. 

6 (3) Paragraph (1) shall not apply to an agency 

7 or department with respect to a calendar quarter if 

8 no audits or other reports described in paragraph 

9 (1) were issued during that quarter. 

10 (b) SUBMISSION OF INDIVIDUAL AUDITS.—The head 

11 of each Federal agency or department shall provide, within 

12 14 days after a request in writing by the chairman or 

13 ranking member of any of the committees described in 

14 subsection (a)(2), a full and unredacted copy of any audit 

15 or other report described in subsection (a)(1). 

16 TITLE VI—ELIMINATION OF SCHIP SHORTFALL 

17 DEPARTMENT OF HEALTH AND HUMAN 

18 SERVICES 

19 CENTERS FOR MEDICARE AND MEDICAID SERVICES

20 STATE CHILDREN’S HEALTH INSURANCE FUND

21 For an additional amount to provide additional allot22 ments to remaining shortfall States under section 

23 2104(h)(4) of the Social Security Act, as inserted by sec24 tion 6001, $750,000,000, to remain available until ex25 pended: Provided, That the amount provided under this 


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1 heading is designated as an emergency requirement pursu2 ant to section 501 of H. Con. Res. 376 (109th Congress), 

3 as made applicable to the House of Representatives by sec4 tion 511(a)(4) of H. Res. 6 (110th Congress). 

5 SEC. 6001. ELIMINATION OF REMAINDER OF SCHIP FUND6 ING SHORTFALLS FOR FISCAL YEAR 2007. 

7 (a) ELIMINATION OF REMAINDER OF FUNDING

8 SHORTFALLS, TIERED MATCH, AND OTHER LIMITATION

9 ON EXPENDITURES.—Section 2104(h) of the Social Secu10 rity Act (42 U.S.C. 1397dd(h)), as added by section 

11 201(a) of the National Institutes of Health Reform Act 

12 of 2006 (Public Law 109–482), is amended— 

13 (1) in the heading for paragraph (2), by strik14 ing ‘‘REMAINDER OF REDUCTION’’ and inserting 

15 ‘‘PART’’; and 

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

17 following: 

18 ‘‘(4) ADDITIONAL AMOUNTS TO ELIMINATE RE19 MAINDER OF FISCAL YEAR 2007 FUNDING SHORT20 FALLS.— 

21 ‘‘(A) IN GENERAL.—From the amounts 

22 provided in advance in appropriations Acts, the 

23 Secretary shall allot to each remaining shortfall 

24 State described in subparagraph (B) such 

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1 nate the estimated shortfall described in such 

2 subparagraph for the State for fiscal year 2007. 

3 ‘‘(B) REMAINING SHORTFALL STATE DE4 SCRIBED.—For purposes of subparagraph (A), 

5 a remaining shortfall State is a State with a 

6 State child health plan approved under this title 

7 for which the Secretary estimates, on the basis 

8 of the most recent data available to the Sec9 retary as of the date of the enactment of this 

10 paragraph, that the projected Federal expendi11 tures under such plan for the State for fiscal 

12 year 2007 will exceed the sum of— 

13 ‘‘(i) the amount of the State’s allot14 ments for each of fiscal years 2005 and 

15 2006 that will not be expended by the end 

16 of fiscal year 2006; 

17 ‘‘(ii) the amount of the State’s allot18 ment for fiscal year 2007; and 

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

20 be redistributed to the State during fiscal 

21 year 2007 in accordance with paragraphs 

22 (1) and (2).’’. 

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

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

25 amended— 


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

2 paragraph (4)(B) and’’; 

3 (2) in paragraph (2)(B), by striking ‘‘subject to 

4 paragraph (4)(B) and’’; 

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

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

7 (4) in paragraph (6), by striking ‘‘and (3)’’ and 

8 inserting ‘‘(3), and (4)’’. 

9 TITLE VII—MINIMUM WAGE INCREASE AND 

10 SMALL BUSINESS TAX RELIEF 

11 CHAPTER 1 

12 SEC. 7101. SHORT TITLE. 

13 This chapter may be cited as the ‘‘Fair Minimum 

14 Wage Act of 2007’’. 

15 SEC. 7102. MINIMUM WAGE. 

16 (a) IN GENERAL.—Section 6(a)(1) of the Fair Labor 

17 Standards Act of 1938 (29 U.S.C. 206(a)(1)) is amended 

18 to read as follows: 

19 ‘‘(1) except as otherwise provided in this sec20 tion, not less than— 

21 ‘‘(A) $5.85 an hour, beginning on the 60th 

22 day after the date of enactment of the Fair 

23 Minimum Wage Act of 2007; 

24 ‘‘(B) $6.55 an hour, beginning 12 months 

25 after that 60th day; and 


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1 ‘‘(C) $7.25 an hour, beginning 24 months 

2 after that 60th day;’’. 

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

4 subsection (a) shall take effect 60 days after the date of 

5 enactment of this Act. 

6 SEC. 7103. APPLICABILITY OF MINIMUM WAGE TO THE 

7 COMMONWEALTH OF THE NORTHERN MAR8 IANA ISLANDS. 

9 (a) IN GENERAL.—Section 6 of the Fair Labor 

10 Standards Act of 1938 (29 U.S.C. 206) shall apply to the 

11 Commonwealth of the Northern Mariana Islands. 

12 (b) TRANSITION.—Notwithstanding subsection (a), 

13 the minimum wage applicable to the Commonwealth of the 

14 Northern Mariana Islands under section 6(a)(1) of the 

15 Fair Labor Standards Act of 1938 (29 U.S.C. 206(a)(1)) 

16 shall be— 

17 (1) $3.55 an hour, beginning on the 60th day 

18 after the date of enactment of this Act; and 

19 (2) increased by $0.50 an hour (or such lesser 

20 amount as may be necessary to equal the minimum 

21 wage under section 6(a)(1) of such Act), beginning 

22 6 months after the date of enactment of this Act 

23 and every 6 months thereafter until the minimum 

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1 ern Mariana Islands under this subsection is equal 

2 to the minimum wage set forth in such section. 

3 SEC. 7104. APPLICABILITY OF MINIMUM WAGE TO AMER4 ICAN SAMOA. 

5 (a) APPLICABILITY.— 

6 (1) IN GENERAL.—Section 6 of the Fair Labor 

7 Standards Act of 1938 (29 U.S.C. 206) shall apply 

8 to American Samoa. 

9 (2) CONFORMING AMENDMENT.—Section 6(a) 

10 of the Fair Labor Standards Act of 1938 (29 U.S.C. 

11 206(a)) is amended by striking paragraph (3) and 

12 redesignating paragraphs (4) and (5) as paragraphs 

13 (3) and (4), respectively. 

14 (b) TRANSITION.— 

15 (1) IN GENERAL.—Notwithstanding subsection 

16 (a), the minimum wage applicable to American 

17 Samoa under section 6(a)(1) of the Fair Labor 

18 Standards Act of 1938 (29 U.S.C. 206(a)(1)) shall 

19 be— 

20 (A) $3.55 an hour, beginning on the 60th 

21 day after the date of enactment of this Act; and 

22 (B) increased by $0.50 an hour (or such 

23 lesser amount as may be necessary to equal the 

24 minimum wage under section 6(a)(1) of such 

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1 actment of this Act and every 6 months there2 after until the minimum wage applicable to 

3 American Samoa under this paragraph is equal 

4 to the minimum wage set forth in such section. 

5 (2) SPECIAL RULE.—Notwithstanding para6 graph (1), if an employee is employed in an industry 

7 in American Samoa that, on the date of enactment 

8 of this Act, is required to pay a minimum wage rate 

9 under section 697 of title 29, Code of Federal Regu10 lations, that is higher than the minimum wage rate 

11 required under paragraph (1)(A), the minimum 

12 wage applicable to such employee shall be— 

13 (A) the minimum wage rate required for 

14 such an industry under such section on the date 

15 of enactment of this Act; and 

16 (B) increased by $0.50 an hour (or such 

17 lesser amount as may be necessary to equal the 

18 minimum wage under section 6(a)(1) of such 

19 Act), beginning 6 months after the date of en20 actment of this Act and every 6 months there21 after until the minimum wage applicable to 

22 American Samoa under this subsection is equal 

23 to the minimum wage set forth in such section. 


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1 CHAPTER 2 

2 SEC. 7201. SHORT TITLE; AMENDMENT OF 1986 CODE; 

3 TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This chapter may be cited as the 

5 ‘‘Small Business Tax Relief Act of 2007’’. 

6 (b) AMENDMENT OF 1986 CODE.—Except as other7 wise expressly provided, whenever in this chapter an 

8 amendment or repeal is expressed in terms of an amend9 ment to, or repeal of, a section or other provision, the ref10 erence shall be considered to be made to a section or other 

11 provision of the Internal Revenue Code of 1986. 

12 (c) TABLE OF CONTENTS.—The table of contents of 

13 this chapter is as follows: 

Sec. 7201. Short title; amendment of 1986 Code; table of contents. 

Sec. 7202. Extension and modification of work opportunity tax credit. 

Sec. 7203. Extension and increase of expensing for small business. 

Sec. 7204. Determination of credit for certain taxes paid with respect to employee cash tips. 

Sec. 7205. Waiver of individual and corporate alternative minimum tax limits 

on work opportunity credit and credit for taxes paid with respect to employee cash tips. 

Sec. 7206. Family business tax simplification. 

Sec. 7207. Denial of lowest capital gains rate for certain dependents. 

Sec. 7208. Suspension of certain penalties and interest. 

Sec. 7209. Time for payment of corporate estimated taxes. 

14 SEC. 7202. EXTENSION AND MODIFICATION OF WORK OP15 PORTUNITY TAX CREDIT. 

16 (a) EXTENSION.—Section 51(c)(4)(B) (relating to 

17 termination) is amended by striking ‘‘2007’’ and inserting 

18 ‘‘2008’’. 

19 (b) INCREASE IN MAXIMUM AGE FOR DESIGNATED

20 COMMUNITY RESIDENTS.— 


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1 (1) IN GENERAL.—Paragraph (5) of section 

2 51(d) is amended to read as follows: 

3 ‘‘(5) DESIGNATED COMMUNITY RESIDENTS.— 

4 ‘‘(A) IN GENERAL.—The term ‘designated 

5 community resident’ means any individual who 

6 is certified by the designated local agency— 

7 ‘‘(i) as having attained age 18 but not 

8 age 40 on the hiring date, and 

9 ‘‘(ii) as having his principal place of 

10 abode within an empowerment zone, enter11 prise community, or renewal community. 

12 ‘‘(B) INDIVIDUAL MUST CONTINUE TO RE13 SIDE IN ZONE OR COMMUNITY.—In the case of 

14 a designated community resident, the term 

15 ‘qualified wages’ shall not include wages paid or 

16 incurred for services performed while the indi17 vidual’s principal place of abode is outside an 

18 empowerment zone, enterprise community, or 

19 renewal community.’’. 

20 (2) CONFORMING AMENDMENT.—Subparagraph 

21 (D) of section 51(d)(1) is amended to read as fol22 lows: 

23 ‘‘(D) a designated community resident,’’. 

24 (c) CLARIFICATION OF TREATMENT OF INDIVIDUALS

25 UNDER INDIVIDUAL WORK PLANS.—Subparagraph (B) 


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1 of section 51(d)(6) (relating to vocational rehabilitation 

2 referral) is amended by striking ‘‘or’’ at the end of clause 

3 (i), by striking the period at the end of clause (ii) and 

4 inserting ‘‘, or’’, and by adding at the end the following 

5 new clause: 

6 ‘‘(iii) an individual work plan devel7 oped and implemented by an employment 

8 network pursuant to subsection (g) of sec9 tion 1148 of the Social Security Act with 

10 respect to which the requirements of such 

11 subsection are met.’’. 

12 (d) TREATMENT OF DISABLED VETERANS UNDER

13 THE WORK OPPORTUNITY TAX CREDIT.— 

14 (1) DISABLED VETERANS TREATED AS MEM15 BERS OF TARGETED GROUP.— 

16 (A) IN GENERAL.—Subparagraph (A) of 

17 section 51(d)(3) (relating to qualified veteran) 

18 is amended by striking ‘‘agency as being a 

19 member of a family’’ and all that follows and 

20 inserting ‘‘agency as— 

21 ‘‘(i) being a member of a family re22 ceiving assistance under a food stamp pro23 gram under the Food Stamp Act of 1977 

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1 ing the 12-month period ending on the hir2 ing date, or 

3 ‘‘(ii) entitled to compensation for a 

4 service-connected disability, and— 

5 ‘‘(I) having a hiring date which is 

6 not more that 1 year after having 

7 been discharged or released from ac8 tive duty in the Armed Forces of the 

9 United States, or 

10 ‘‘(II) having aggregate periods of 

11 unemployment during the 1-year pe12 riod ending on the hiring date which 

13 equal or exceed 6 months.’’. 

14 (B) DEFINITIONS.—Paragraph (3) of sec15 tion 51(d) is amended by adding at the end the 

16 following new subparagraph: 

17 ‘‘(C) OTHER DEFINITIONS.—For purposes 

18 of subparagraph (A), the terms ‘compensation’ 

19 and ‘service-connected’ have the meanings given 

20 such terms under section 101 of title 38, 

21 United States Code.’’. 

22 (2) INCREASE IN AMOUNT OF WAGES TAKEN

23 INTO ACCOUNT FOR DISABLED VETERANS.—Para24 graph (3) of section 51(b) is amended— 


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1 (A) by inserting ‘‘($12,000 per year in the 

2 case of any individual who is a qualified veteran 

3 by reason of subsection (d)(3)(A)(ii))’’ before 

4 the period at the end, and 

5 (B) by striking ‘‘ONLY FIRST $6,000 OF’’ in 

6 the heading and inserting ‘‘LIMITATION ON’’. 

7 (e) EFFECTIVE DATE.—The amendments made by 

8 this section shall apply to individuals who begin work for 

9 the employer after the date of the enactment of this Act. 

10 SEC. 7203. EXTENSION AND INCREASE OF EXPENSING FOR 

11 SMALL BUSINESS. 

12 (a) EXTENSION.—Subsections (b)(1), (b)(2), (b)(5), 

13 (c)(2), and (d)(1)(A)(ii) of section 179 (relating to election 

14 to expense certain depreciable business assets) are each 

15 amended by striking ‘‘2010’’ and inserting ‘‘2011’’. 

16 (b) INCREASE IN LIMITATIONS.—Subsection (b) of 

17 section 179 is amended— 

18 (1) by striking ‘‘$100,000 in the case of taxable 

19 years beginning after 2002’’ in paragraph (1) and 

20 inserting ‘‘$125,000 in the case of taxable years be21 ginning after 2006’’, and 

22 (2) by striking ‘‘$400,000 in the case of taxable 

23 years beginning after 2002’’ in paragraph (2) and 

24 inserting ‘‘$500,000 in the case of taxable years be25 ginning after 2006’’. 


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1 (c) INFLATION ADJUSTMENT.—Subparagraph (A) of 

2 section 179(b)(5) is amended— 

3 (1) by striking ‘‘2003’’ and inserting ‘‘2007’’, 

4 (2) by striking ‘‘$100,000 and $400,000’’ and 

5 inserting ‘‘$125,000 and $500,000’’, and 

6 (3) by striking ‘‘2002’’ in clause (ii) and insert7 ing ‘‘2006’’. 

8 (d) EFFECTIVE DATE.—The amendments made by 

9 this section shall apply to taxable years beginning after 

10 December 31, 2006. 

11 SEC. 7204. DETERMINATION OF CREDIT FOR CERTAIN 

12 TAXES PAID WITH RESPECT TO EMPLOYEE 

13 CASH TIPS. 

14 (a) IN GENERAL.—Subparagraph (B) of section 

15 45B(b)(1) is amended by inserting ‘‘as in effect on Janu16 ary 1, 2007, and’’ before ‘‘determined without regard to’’. 

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

18 this section shall apply to tips received for services per19 formed after December 31, 2006. 


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1 SEC. 7205. WAIVER OF INDIVIDUAL AND CORPORATE AL2 TERNATIVE MINIMUM TAX LIMITS ON WORK 

3 OPPORTUNITY CREDIT AND CREDIT FOR 

4 TAXES PAID WITH RESPECT TO EMPLOYEE 

5 CASH TIPS. 

6 (a) ALLOWANCE AGAINST ALTERNATIVE MINIMUM

7 TAX.—Subparagraph (B) of section 38(c)(4) is amended 

8 by striking ‘‘and’’ at the end of clause (i), by inserting 

9 a comma at the end of clause (ii), and by adding at the 

10 end the following new clauses: 

11 ‘‘(iii) the credit determined under sec12 tion 45B, and 

13 ‘‘(iv) the credit determined under sec14 tion 51.’’. 

15 (b) EFFECTIVE DATE.—The amendments made by 

16 this section shall apply to credits determined under sec17 tions 45B and 51 of the Internal Revenue Code of 1986 

18 in taxable years beginning after December 31, 2006, and 

19 to carrybacks of such credits. 

20 SEC. 7206. FAMILY BUSINESS TAX SIMPLIFICATION. 

21 (a) IN GENERAL.—Section 761 (defining terms for 

22 purposes of partnerships) is amended by redesignating 

23 subsection (f) as subsection (g) and by inserting after sub24 section (e) the following new subsection: 

25 ‘‘(f) QUALIFIED JOINT VENTURE.— 


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1 ‘‘(1) IN GENERAL.—In the case of a qualified 

2 joint venture conducted by a husband and wife who 

3 file a joint return for the taxable year, for purposes 

4 of this title— 

5 ‘‘(A) such joint venture shall not be treat6 ed as a partnership, 

7 ‘‘(B) all items of income, gain, loss, deduc8 tion, and credit shall be divided between the 

9 spouses in accordance with their respective in10 terests in the venture, and 

11 ‘‘(C) each spouse shall take into account 

12 such spouse’s respective share of such items as 

13 if they were attributable to a trade or business 

14 conducted by such spouse as a sole proprietor. 

15 ‘‘(2) QUALIFIED JOINT VENTURE.—For pur16 poses of paragraph (1), the term ‘qualified joint ven17 ture’ means any joint venture involving the conduct 

18 of a trade or business if— 

19 ‘‘(A) the only members of such joint ven20 ture are a husband and wife, 

21 ‘‘(B) both spouses materially participate 

22 (within the meaning of section 469(h) without 

23 regard to paragraph (5) thereof) in such trade 

24 or business, and 


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1 ‘‘(C) both spouses elect the application of 

2 this subsection.’’. 

3 (b) NET EARNINGS FROM SELF-EMPLOYMENT.— 

4 (1) Subsection (a) of section 1402 (defining net 

5 earnings from self-employment) is amended by strik6 ing ‘‘, and’’ at the end of paragraph (15) and insert7 ing a semicolon, by striking the period at the end of 

8 paragraph (16) and inserting ‘‘; and’’, and by insert9 ing after paragraph (16) the following new para10 graph: 

11 ‘‘(17) notwithstanding the preceding provisions 

12 of this subsection, each spouse’s share of income or 

13 loss from a qualified joint venture shall be taken 

14 into account as provided in section 761(f) in deter15 mining net earnings from self-employment of such 

16 spouse.’’. 

17 (2) Subsection (a) of section 211 of the Social 

18 Security Act (defining net earnings from self-em19 ployment) is amended by striking ‘‘and’’ at the end 

20 of paragraph (14), by striking the period at the end 

21 of paragraph (15) and inserting ‘‘; and’’, and by in22 serting after paragraph (15) the following new para23 graph: 

24 ‘‘(16) Notwithstanding the preceding provisions 

25 of this subsection, each spouse’s share of income or 


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1 loss from a qualified joint venture shall be taken 

2 into account as provided in section 761(f) of the In3 ternal Revenue Code of 1986 in determining net 

4 earnings from self-employment of such spouse.’’. 

5 (c) EFFECTIVE DATE.—The amendments made by 

6 this section shall apply to taxable years beginning after 

7 December 31, 2006. 

8 SEC. 7207. DENIAL OF LOWEST CAPITAL GAINS RATE FOR 

9 CERTAIN DEPENDENTS. 

10 (a) IN GENERAL.—Subsection (h) of section 1 is 

11 amended by adding at the end the following new para12 graph: 

13 ‘‘(12) CERTAIN INDIVIDUALS NOT ELIGIBLE

14 FOR LOWEST RATE.— 

15 ‘‘(A) IN GENERAL.—In the case of an indi16 vidual described in subparagraph (B)— 

17 ‘‘(i) the amount determined under 

18 paragraph (1)(A)(ii)(II) shall not be less 

19 than the amount of taxable income which 

20 would (without regard to this subsection) 

21 be taxed at a rate below 15 percent, and 

22 ‘‘(ii) the sum of the amounts deter23 mined under subparagraphs (B) and (C) of 

24 paragraph (1) shall be an amount equal to 

25 the rate of tax specified in paragraph 


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1 (1)(C) multiplied by so much of the ad2 justed net capital gain (or, if less, taxable 

3 income) as exceeds the excess (if any) of— 

4 ‘‘(I) the amount of taxable in5 come which would (without regard to 

6 this subsection) be taxed at a rate 

7 below 15 percent, over 

8 ‘‘(II) the taxable income reduced 

9 by the adjusted net capital gain. 

10 ‘‘(B) INDIVIDUALS TO WHOM PARAGRAPH

11 APPLIES.— 

12 ‘‘(i) IN GENERAL.—For purposes of 

13 this paragraph, an individual is described 

14 in this subparagraph if— 

15 ‘‘(I) such individual meets the 

16 age requirements of section 152(c)(3) 

17 (determined without regard to sub18 paragraph (B) thereof), and 

19 ‘‘(II) such individual’s earned in20 come (as defined in section 911(d)(2)) 

21 for the taxable year does not exceed 

22 one-half of such individual’s support 

23 (within the meaning of section 152) 

24 for such taxable year. 


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1 ‘‘(ii) SPECIAL RULES FOR JOINT RE2 TURNS.—In the case of a joint return— 

3 ‘‘(I) the taxpayer and the tax4 payer’s spouse shall be treated as a 

5 single individual for purposes of ap6 plying subclause (II) of clause (i), and 

7 ‘‘(II) the taxpayer shall be treat8 ed as an individual described in this 

9 subparagraph only if the taxpayer and 

10 the taxpayer’s spouse are described in 

11 clause (i) (determined after applica12 tion of subclause (I)).’’. 

13 (b) ALTERNATIVE MINIMUM TAX.—Section 55 is 

14 amended by adding at the end the following new sub15 section: 

16 ‘‘(f) CERTAIN INDIVIDUALS NOT ELIGIBLE FOR

17 LOWEST RATE.—In the case of an individual described in 

18 section 1(h)(12)(B), no amount shall be determined under 

19 subsection (b)(3)(B).’’. 

20 (c) COORDINATION WITH SUNSET OF PROVISIONS OF

21 THE JOBS AND GROWTH TAX RELIEF RECONCILIATION

22 ACT OF 2003.—Subparagraph (A) of section 1(h)(12), as 

23 added by this section, is amended by striking ‘‘and’’ at 

24 the end of clause (i), by striking the period at the end 


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1 of clause (ii) and inserting ‘‘, and’’, and by adding at the 

2 end the following new clause: 

3 ‘‘(iii) no amount of qualified 5-year 

4 gain shall be taken into account under sub5 paragraph (A) of paragraph (2) (as in ef6 fect after the application of section 303 of 

7 the Jobs and Growth Tax Relief Reconcili8 ation Act of 2003).’’. 

9 (d) EFFECTIVE DATE.— 

10 (1) IN GENERAL.—Except as provided in para11 graph (2), the amendments made by this section 

12 shall apply to taxable years beginning after Decem13 ber 31, 2006. 

14 (2) SUNSET OF JGTRRA.—The amendment 

15 made by subsection (c) shall apply to taxable years 

16 beginning after the date specified in section 303 of 

17 the Jobs and Growth Tax Relief Reconciliation Act 

18 of 2003. 

19 SEC. 7208. SUSPENSION OF CERTAIN PENALTIES AND IN20 TEREST. 

21 (a) IN GENERAL.—Paragraphs (1)(A) and (3)(A) of 

22 section 6404(g) are each amended by striking ‘‘18-month 

23 period’’ and inserting ‘‘22-month period’’. 

24 (b) EFFECTIVE DATE.—The amendments made by 

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1 retary of the Treasury, or his delegate, after the date 

2 which is 6 months after the date of the enactment of this 

3 Act. 

4 SEC. 7209. TIME FOR PAYMENT OF CORPORATE ESTIMATED 

5 TAXES. 

6 Subparagraph (B) of section 401(1) of the Tax In7 crease Prevention and Reconciliation Act of 2005 is 

8 amended by striking ‘‘106.25 percent’’ and inserting 

9 ‘‘112.75 percent’’. 

10 This Act may be cited as the ‘‘U.S. Troop Readiness, 

11 Veterans’ Health, and Iraq Accountability Act, 2007’’. 


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Union Calendar No. 31 

110TH CONGRESS 

1ST SESSION H. R. 1591 

[Report No. 110

–60] 

A BILL 

Making emergency supplemental appropriations for 

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

MARCH 20, 2007 

Committed to the Committee of the Whole House on the 

State of the Union and ordered to be printed 


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