II 

109TH CONGRESS 

2D SESSION S. 3860 

To provide emergency wildfire and agricultural disaster assistance, and for 

other purposes. 

IN THE SENATE OF THE UNITED STATES 

SEPTEMBER 6, 2006 

Mr. BURNS introduced the following bill; which was read twice and referred 

to the Committee on Agriculture, Nutrition, and Forestry 

A BILL 

To provide emergency wildfire and agricultural disaster 

assistance, 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 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Emergency Wildfire and Farm Relief Act of 2006’’. 

6 (b) TABLE OF CONTENTS.—The table of contents of 

7 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Definitions. 

TITLE I—WILDFIRE RELIEF 

Sec. 101. Emergency conservation program. 

Sec. 102. Environmental quality incentives program. 


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Sec. 103. Livestock assistance grant program. 

TITLE II—AGRICULTURAL PRODUCTION LOSSES 

Sec. 201. Crop disaster assistance. 

Sec. 202. Livestock assistance. 

Sec. 203. Sugar beet disaster assistance. 

Sec. 204. Bovine tuberculosis herd indemnification. 

Sec. 205. Reduction in payments. 

TITLE III—SUPPLEMENTAL NUTRITION AND AGRICULTURAL 

ECONOMIC DISASTER ASSISTANCE 

Sec. 301. Replenishment of Section 32. 

Sec. 302. Supplemental economic loss payments. 

TITLE IV—CONSERVATION 

Sec. 401. Emergency watershed protection program. 

TITLE V—FARM SERVICE AGENCY 

Sec. 501. Funding for additional personnel. 

TITLE VI—MISCELLANEOUS 

Sec. 601. Funding. 

Sec. 602. Regulations. 

TITLE VII—EMERGENCY DESIGNATION 

Sec. 701. Emergency designation. 

1 SEC. 2. DEFINITIONS. 

2 In this Act: 

3 (1) ADDITIONAL COVERAGE.—The term ‘‘addi4 tional coverage’’ has the meaning given the term in 

5 section 502(b)(1) of the Federal Crop Insurance Act 

6 (7 U.S.C. 1502(b)(1)). 

7 (2) DISASTER COUNTY.—The term ‘‘disaster 

8 county’’ means— 

9 (A) a county included in the geographic 

10 area covered by a natural disaster declaration; 

11 and 


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1 (B) each county contiguous to a county de2 scribed in subparagraph (A). 

3 (3) INSURABLE COMMODITY.—The term ‘‘insur4 able commodity’’ means an agricultural commodity 

5 (excluding livestock) for which the producers on a 

6 farm are eligible to obtain a policy or plan of insur7 ance under the Federal Crop Insurance Act (7 

8 U.S.C. 1501 et seq.). 

9 (4) LIVESTOCK.—The term ‘‘livestock’’ in10 cludes— 

11 (A) cattle (including dairy cattle); 

12 (B) bison; 

13 (C) sheep; 

14 (D) swine; and 

15 (E) other livestock, as determined by the 

16 Secretary. 

17 (5) NATURAL DISASTER DECLARATION.—The 

18 term ‘‘natural disaster declaration’’ means a natural 

19 disaster declared by the Secretary during calendar 

20 year 2005 or 2006 under section 321(a) of the Con21 solidated Farm and Rural Development Act (7 

22 U.S.C. 1961(a)). 

23 (6) NONINSURABLE COMMODITY.—The term 

24 ‘‘noninsurable commodity’’ means a crop for which 

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1 ance under section 196 of the Federal Agriculture 

2 Improvement and Reform Act of 1996 (7 U.S.C. 

3 7333). 

4 (7) SECRETARY.—The term ‘‘Secretary’’ means 

5 the Secretary of Agriculture. 

6 TITLE I—WILDFIRE RELIEF 

7 SEC. 101. EMERGENCY CONSERVATION PROGRAM. 

8 The Secretary shall use an additional $30,000,000 of 

9 funds of the Commodity Credit Corporation to carry out 

10 emergency measures identified by the Administrator of the 

11 Farm Service Agency as of the date of enactment of this 

12 Act through the emergency conservation program estab13 lished under title IV of the Agricultural Credit Act of 1978 

14 (16 U.S.C. 2201 et seq.), of which not less than 

15 $2,000,000 shall be used to carry out such measures in 

16 the State of Montana for the control of wildfires. 

17 SEC. 102. ENVIRONMENTAL QUALITY INCENTIVES PRO18 GRAM. 

19 The Secretary shall use an additional $200,000,000 

20 of funds of the Commodity Credit Corporation to carry 

21 out emergency measures identified by the Secretary as of 

22 the date of enactment of this Act through the environ23 mental quality incentives program established under chap24 ter 4 of subtitle D of title XII of the Food Security Act 

25 of 1985 (16 U.S.C. 3839aa et seq.), of which not less than 


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1 $10,000,000 shall be used to carry out such measures in 

2 the State of Montana for the control of wildfires. 

3 SEC. 103. LIVESTOCK ASSISTANCE GRANT PROGRAM. 

4 The Secretary shall use an additional $100,000,000 

5 of funds of the Commodity Credit Corporation to carry 

6 out the Livestock Assistance Grant Program announced 

7 by the Secretary on August 29, 2006, in the same manner 

8 as the Program announced by the Secretary except that 

9 counties adversely impacted by wildfires shall be eligible 

10 to participate in the Program. 

11 TITLE II—AGRICULTURAL 

12 PRODUCTION LOSSES 

13 SEC. 201. CROP DISASTER ASSISTANCE. 

14 (a) IN GENERAL.—The Secretary shall use such 

15 sums as are necessary of funds of the Commodity Credit 

16 Corporation to make emergency financial assistance au17 thorized under this section available to producers on a 

18 farm that have incurred qualifying losses described in sub19 section (c). 

20 (b) ADMINISTRATION.— 

21 (1) IN GENERAL.—Except as provided in para22 graph (2), the Secretary shall make assistance avail23 able under this section in the same manner as pro24 vided under section 815 of the Agriculture, Rural 

25 Development, Food and Drug Administration and 


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1 Related Agencies Appropriations Act, 2001 (Public 

2 Law 106–387; 114 Stat. 1549A–55), including 

3 using the same loss thresholds for quantity and eco4 nomic losses as were used in administering that sec5 tion, except that the payment rate shall be 50 per6 cent of the established price, instead of 65 percent. 

7 (2) NONINSURED PRODUCERS.—For producers 

8 on a farm that were eligible to acquire crop insur9 ance for the applicable production loss and failed to 

10 do so or failed to submit an application for the non11 insured assistance program for the loss, the Sec12 retary shall make assistance in accordance with 

13 paragraph (1), except that the payment rate shall be 

14 35 percent of the established price, instead of 50 

15 percent. 

16 (c) QUALIFYING LOSSES.—Assistance under this sec17 tion shall be made available to producers on farms, other 

18 than producers of sugar beets, that incurred qualifying 

19 quantity or quality losses for the 2005 or 2006 crop due 

20 to damaging weather or any related condition (including 

21 losses due to crop diseases, insects, and delayed harvest), 

22 as determined by the Secretary. 

23 (d) QUALITY LOSSES.— 

24 (1) IN GENERAL.—In addition to any payment 

25 received under subsection (b), the Secretary shall 


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1 use such sums as are necessary of funds of the Com2 modity Credit Corporation to make payments to pro3 ducers on a farm described in subsection (a) that in4 curred a quality loss for the 2005 or 2006 crop, or 

5 both, of a commodity in an amount equal to the 

6 product obtained by multiplying— 

7 (A) the payment quantity determined 

8 under paragraph (2); 

9 (B)(i) in the case of an insurable com10 modity, the coverage level elected by the insured 

11 under the policy or plan of insurance under the 

12 Federal Crop Insurance Act (7 U.S.C. 1501 et 

13 seq.); or 

14 (ii) in the case of a noninsurable com15 modity, the applicable coverage level for the 

16 payment quantity determined under paragraph 

17 (2); by 

18 (C) 50 percent of the payment rate deter19 mined under paragraph (3). 

20 (2) PAYMENT QUANTITY.—For the purpose of 

21 paragraph (1)(A), the payment quantity for quality 

22 losses for a crop of a commodity on a farm shall 

23 equal the lesser of— 


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1 (A) the actual production of the crop af2 fected by a quality loss of the commodity on the 

3 farm; or 

4 (B)(i) in the case of an insurable com5 modity, the actual production history for the 

6 commodity by the producers on the farm under 

7 the Federal Crop Insurance Act (7 U.S.C. 1501 

8 et seq.); or 

9 (ii) in the case of a noninsurable com10 modity, the established yield for the crop for 

11 the producers on the farm under section 196 of 

12 the Federal Agriculture Improvement and Re13 form Act of 1996 (7 U.S.C. 7333). 

14 (3) PAYMENT RATE.— 

15 (A) IN GENERAL.—For the purpose of 

16 paragraph (1)(B), the payment rate for quality 

17 losses for a crop of a commodity on a farm 

18 shall be equal to the difference between (as de19 termined by the applicable State committee of 

20 the Farm Service Agency)— 

21 (i) the per unit market value that the 

22 units of the crop affected by the quality 

23 loss would have had if the crop had not 

24 suffered a quality loss; and 


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1 (ii) the per unit market value of the 

2 units of the crop affected by the quality 

3 loss. 

4 (B) FACTORS.—In determining the pay5 ment rate for quality losses for a crop of a com6 modity on a farm, the applicable State com7 mittee of the Farm Service Agency shall take 

8 into account— 

9 (i) the average local market quality 

10 discounts that purchasers applied to the 

11 commodity during the first 2 months fol12 lowing the normal harvest period for the 

13 commodity; 

14 (ii) the loan rate and repayment rate 

15 established for the commodity under the 

16 marketing loan program established for the 

17 commodity under subtitle B of title I of 

18 the Farm Security and Rural Investment 

19 Act of 2002 (7 U.S.C. 7931 et seq.); 

20 (iii) the market value of the com21 modity if sold into a secondary market; 

22 and 

23 (iv) other factors determined appro24 priate by the committee. 

25 (4) ELIGIBILITY.— 


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1 (A) IN GENERAL.—For producers on a 

2 farm to be eligible to obtain a payment for a 

3 quality loss for a crop under this subsection— 

4 (i) the amount obtained by multi5 plying the per unit loss determined under 

6 paragraph (1) by the number of units af7 fected by the quality loss shall be reduced 

8 by the amount of any indemnification re9 ceived by the producers on the farm for 

10 quality loss adjustment for the commodity 

11 under a policy or plan of insurance under 

12 the Federal Crop Insurance Act (7 U.S.C. 

13 1501 et seq.); and 

14 (ii) the remainder shall be at least 25 

15 percent of the value that all affected pro16 duction of the crop would have had if the 

17 crop had not suffered a quality loss. 

18 (B) INELIGIBILITY.—If the amount of a 

19 quality loss payment for a commodity for the 

20 producers on a farm determined under this 

21 paragraph is equal to or less than zero, the pro22 ducers on the farm shall be ineligible for assist23 ance for the commodity under this subsection. 

24 (5) ELIGIBLE PRODUCTION.—The Secretary 

25 shall carry out this subsection in a fair and equitable 


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1 manner for all eligible production, including the pro2 duction of fruits and vegetables, other specialty 

3 crops, and field crops. 

4 (e) TIMING.— 

5 (1) IN GENERAL.—Subject to paragraph (2), 

6 the Secretary shall make payments to producers on 

7 a farm for a crop under this section not later than 

8 60 days after the date the producers on the farm 

9 submit to the Secretary a completed application for 

10 the payments. 

11 (2) INTEREST.—If the Secretary does not make 

12 payments to the producers on a farm by the date de13 scribed in paragraph (1), the Secretary shall pay to 

14 the producers on a farm interest on the payments at 

15 a rate equal to the current (as of the sign-up dead16 line established by the Secretary) market yield on 

17 outstanding, marketable obligations of the United 

18 States with maturities of 30 years. 

19 SEC. 202. LIVESTOCK ASSISTANCE. 

20 (a) LIVESTOCK COMPENSATION PROGRAM.— 

21 (1) USE OF COMMODITY CREDIT CORPORATION

22 FUNDS.—Effective beginning on the date of enact23 ment of this Act, the Secretary shall use funds of 

24 the Commodity Credit Corporation to carry out the 

25 2002 Livestock Compensation Program announced 


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1 by the Secretary on October 10, 2002 (67 Fed. Reg. 

2 63070), to provide compensation for livestock losses 

3 during calendar years 2005 and 2006 for losses due 

4 to a disaster, as determined by the Secretary, except 

5 that the payment rate shall be 75 percent of the 

6 payment rate established for the 2002 Livestock 

7 Compensation Program. 

8 (2) ELIGIBLE APPLICANTS.—In carrying out 

9 the program described in paragraph (1), the Sec10 retary shall provide assistance to any applicant for 

11 livestock losses during calendar year 2005 or 2006, 

12 or both, that— 

13 (A)(i) conducts a livestock operation that 

14 is located in a disaster county, including any 

15 applicant conducting a livestock operation with 

16 eligible livestock (within the meaning of the 

17 livestock assistance program under section 

18 101(b) of division B of Public Law 108–324 

19 (118 Stat. 1234)); or 

20 (ii) produces an animal described in sec21 tion 10806(a)(1) of the Farm Security and 

22 Rural Investment Act of 2002 (21 U.S.C. 

23 321d(a)(1)); 

24 (B) demonstrates to the Secretary that the 

25 applicant suffered a material loss of pasture or 


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1 hay production, or experienced substantially in2 creased feed costs, due to damaging weather or 

3 a related condition during the calendar year, as 

4 determined by the Secretary; and 

5 (C) meets all other eligibility requirements 

6 established by the Secretary for the program. 

7 (3) MITIGATION.—In determining the eligibility 

8 for or amount of payments for which a producer is 

9 eligible under the livestock compensation program, 

10 the Secretary shall not penalize a producer that 

11 takes actions (recognizing disaster conditions) that 

12 reduce the average number of livestock the producer 

13 owned for grazing during the production year for 

14 which assistance is being provided. 

15 (b) LIVESTOCK INDEMNITY PAYMENTS.— 

16 (1) IN GENERAL.—The Secretary shall use such 

17 sums as are necessary of funds of the Commodity 

18 Credit Corporation to make livestock indemnity pay19 ments to producers on farms that have incurred live20 stock losses during calendar years 2005 and 2006 

21 for losses that occurred prior to the date of enact22 ment of this Act (including wildfire disaster losses in 

23 the States of Montana and Texas and other States) 

24 due to a disaster, as determined by the Secretary, 


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1 including losses due to hurricanes, floods, anthrax, 

2 and wildfires. 

3 (2) PAYMENT RATES.—Indemnity payments to 

4 a producer on a farm under paragraph (1) shall be 

5 made at a rate of not less than 30 percent of the 

6 market value of the applicable livestock on the day 

7 before the date of death of the livestock, as deter8 mined by the Secretary. 

9 (c) EWE LAMB REPLACEMENT AND RETENTION.— 

10 (1) IN GENERAL.—The Secretary shall use 

11 $13,000,000 of funds of the Commodity Credit Cor12 poration to make payments under the Ewe Lamb 

13 Replacement and Retention Payment Program 

14 under part 784 of title 7, Code of Federal Regula15 tions (or a successor regulation) for each qualifying 

16 ewe lamb retained or purchased during the period 

17 beginning on January 1, 2006, and ending on De18 cember 31, 2006. 

19 (2) INELIGIBILITY FOR OTHER ASSISTANCE.—A 

20 producer that receives assistance under this sub21 section shall not be eligible to receive assistance 

22 under subsection (a). 

23 SEC. 203. SUGAR BEET DISASTER ASSISTANCE. 

24 (a) IN GENERAL.—The Secretary shall use 

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1 tion to provide assistance to sugar beet producers that suf2 fered production losses (including quality losses) for the 

3 2005 crop year. 

4 (b) REQUIREMENT.—The Secretary shall make pay5 ments under subsection (a) in the same manner as pay6 ments were made under section 208 of the Agricultural 

7 Assistance Act of 2003 (Public Law 108–7; 117 Stat. 

8 544), including using the same indemnity benefits as were 

9 used in carrying out that section. 

10 SEC. 204. BOVINE TUBERCULOSIS HERD INDEMNIFICA11 TION. 

12 The Secretary shall use $2,000,000 of funds of the 

13 Commodity Credit Corporation to indemnify producers 

14 that suffered losses to herds of cattle due to bovine tuber15 culosis during calendar year 2005. 

16 SEC. 205. REDUCTION IN PAYMENTS. 

17 The amount of any payment for which a producer is 

18 eligible under this title shall be reduced by any amount 

19 received by the producer for the same loss or any similar 

20 loss under— 

21 (1) the Department of Defense, Emergency 

22 Supplemental Appropriations to Address Hurricanes 

23 in the Gulf of Mexico, and Pandemic Influenza Act, 

24 2006 (Public Law 109–148; 119 Stat. 2680); 


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1 (2) an agricultural disaster assistance provision 

2 contained in the announcement of the Secretary on 

3 January 26, 2006, or August 29, 2006; or 

4 (3) the Emergency Supplemental Appropria5 tions Act for Defense, the Global War on Terror, 

6 and Hurricane Recovery, 2006 (Public Law 109- 

7 234; 120 Stat. 418). 

8 TITLE III—SUPPLEMENTAL NU9 TRITION AND AGRICULTURAL 

10 ECONOMIC DISASTER ASSIST11 ANCE 

12 SEC. 301. REPLENISHMENT OF SECTION 32. 

13 (a) DEFINITION OF SPECIALTY CROP.—In this sec14 tion: 

15 (1) IN GENERAL.—The term ‘‘specialty crop’’ 

16 means any agricultural crop. 

17 (2) EXCEPTION.—The term ‘‘specialty crop’’ 

18 does not include— 

19 (A) wheat; 

20 (B) feed grains; 

21 (C) oilseeds; 

22 (D) cotton; 

23 (E) rice; 

24 (F) peanuts; or 

25 (G) milk. 


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1 (b) BASE STATE GRANTS.— 

2 (1) IN GENERAL.—The Secretary shall use 

3 $25,000,000 of funds of the Commodity Credit Cor4 poration to make grants to the several States to be 

5 used to support activities that promote agriculture. 

6 (2) AMOUNTS.—The amount of the grants shall 

7 be $500,000 to each of the several States. 

8 (c) GRANTS FOR VALUE OF PRODUCTION.—The Sec9 retary shall use $74,500,000 of funds of the Commodity 

10 Credit Corporation to make a grant to each of the several 

11 States in an amount equal to the product obtained by mul12 tiplying— 

13 (1) the share of the State of the total value of 

14 specialty crop and livestock of the United States for 

15 the 2004 crop year, as determined by the Secretary; 

16 by 

17 (2) $74,500,000. 

18 (d) SPECIAL CROP AND LIVESTOCK PRIORITY.—As 

19 a condition on the receipt of a grant under this section, 

20 a State shall agree to give priority to the support of spe21 cialty crops and livestock in the use of the grant funds. 

22 (e) USE OF FUNDS.—A State may use funds from 

23 a grant awarded under this section— 

24 (1) to supplement State food bank programs or 

25 other nutrition assistance programs; 


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1 (2) to promote the purchase, sale, or consump2 tion of agricultural products; 

3 (3) to provide economic assistance to agricul4 tural producers, giving a priority to the support of 

5 specialty crops and livestock; or 

6 (4) for other purposes as determined by the 

7 Secretary. 

8 SEC. 302. SUPPLEMENTAL ECONOMIC LOSS PAYMENTS. 

9 (a) IN GENERAL.—Subject to subsection (b), the Sec10 retary shall make a supplemental economic loss payment 

11 to— 

12 (1) any producers on a farm that received a di13 rect payment for crop year 2005 under title I of the 

14 Farm Security and Rural Investment Act of 2002 (7 

15 U.S.C. 7901 et seq.); and 

16 (2) any dairy producer that was eligible to re17 ceive a payment during the 2005 calendar year 

18 under section 1502 of the Farm Security and Rural 

19 Investment Act of 2002 (7 U.S.C. 7982). 

20 (b) AMOUNT.— 

21 (1) COVERED COMMODITIES.—Subject to para22 graph (3), the amount of a supplemental economic 

23 loss payment made to the producers on a farm 

24 under subsection (a)(1) shall be equal to the product 

25 obtained by multiplying— 


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1 (A) 30 percent of the direct payment rate 

2 in effect for the covered commodity of the pro3 ducers on the farm; 

4 (B) 85 percent of the base acres of the 

5 covered commodity of the producers on the 

6 farm; and 

7 (C) the payment yield for each covered 

8 commodity of the producers on the farm. 

9 (2) DAIRY PAYMENTS.— 

10 (A) DISTRIBUTION.—Supplemental eco11 nomic loss payments under subsection (a)(2) 

12 shall be distributed in a manner that is con13 sistent with section 1502 of the Farm and 

14 Rural Investment Act of 2002 (7 U.S.C. 7982). 

15 (B) MAXIMUM AMOUNT.—Subject to para16 graph (3), the total amount available for sup17 plemental economic loss payments under sub18 section (a)(2) shall not exceed $147,000,000. 

19 (3) LIMITATIONS.— 

20 (A) IN GENERAL.—Subject to subpara21 graph (B), the Secretary shall ensure that no 

22 person receives supplemental economic loss pay23 ments under— 

24 (i) subsection (a)(1) in excess of the 

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1 son that receives payments described in 

2 subsection (a)(1); and 

3 (ii) subsection (a)(2) in excess of the 

4 per dairy operation limitation applicable to 

5 producers on a dairy farm described in 

6 subsection (a)(2). 

7 (B) ADMINISTRATION.—In carrying out 

8 subparagraph (A), the Secretary— 

9 (i) shall establish separate limitations 

10 for supplemental economic loss payments 

11 received under this section; and 

12 (ii) shall not include the supplemental 

13 economic loss payments in applying pay14 ment limitations under section 1001 of the 

15 Food Security Act of 1985 (7 U.S.C. 

16 1001) for payments made pursuant to the 

17 underlying normal operation of the pro18 gram described in subsection (a)(1) or sec19 tion 1502 of the Farm and Rural Invest20 ment Act of 2002 (7 U.S.C. 7982). 

21 TITLE IV—CONSERVATION 

22 SEC. 401. EMERGENCY WATERSHED PROTECTION PRO23 GRAM. 

24 The Secretary shall use an additional $60,000,000 of 

25 funds of the Commodity Credit Corporation to carry out 


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1 emergency measures identified by the Chief of the Natural 

2 Resources Conservation Service as of the date of enact3 ment of this Act through the emergency watershed protec4 tion program established under section 403 of the Agricul5 tural Credit Act of 1978 (16 U.S.C. 2203). 

6 TITLE V—FARM SERVICE 

7 AGENCY 

8 SEC. 501. FUNDING FOR ADDITIONAL PERSONNEL. 

9 The Secretary shall use $30,000,000 of funds of the 

10 Commodity Credit Corporation to hire additional County 

11 Farm Service Agency personnel— 

12 (1) to expedite the implementation of, and de13 livery under, the agricultural disaster and economic 

14 assistance programs under this Act; and 

15 (2) as the Secretary determines to be necessary 

16 to carry out other agriculture and disaster assist17 ance programs. 

18 TITLE VI—MISCELLANEOUS 

19 SEC. 601. FUNDING. 

20 The Secretary shall use the funds, facilities, and au21 thorities of the Commodity Credit Corporation to carry 

22 out this Act, to remain available until expended. 

23 SEC. 602. REGULATIONS. 

24 (a) IN GENERAL.—The Secretary may promulgate 

25 such regulations as are necessary to implement this Act. 


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1 (b) PROCEDURE.—The promulgation of the regula2 tions and administration of this Act shall be made without 

3 regard to— 

4 (1) the notice and comment provisions of sec5 tion 553 of title 5, United States Code; 

6 (2) the Statement of Policy of the Secretary of 

7 Agriculture effective July 24, 1971 (36 Fed. Reg. 

8 13804), relating to notices of proposed rulemaking 

9 and public participation in rulemaking; and 

10 (3) chapter 35 of title 44, United States Code 

11 (commonly known as the ‘‘Paperwork Reduction 

12 Act’’). 

13 (c) CONGRESSIONAL REVIEW OF AGENCY RULE14 MAKING.—In carrying out this section, the Secretary shall 

15 use the authority provided under section 808 of title 5, 

16 United States Code. 

17 TITLE VII—EMERGENCY 

18 DESIGNATION 

19 SEC. 701. EMERGENCY DESIGNATION. 

20 The amounts provided in this Act are designated as 

21 an emergency requirement pursuant to section 402 of S. 

22 Con. Res. 83 (109th Congress), the concurrent resolution 

23 on the budget for fiscal year 2007, as made applicable in 

24 the Senate by section 7035 of Public Law 109–234. 

Æ 


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