210
grams, projects, or activities by $5,000,000 or 10 percent, 
whichever is less; or (7) creates, reorganizes, or restruc-
tures a branch, division, office, bureau, board, commis-
sion, agency, administration, or department different from 
the budget justifications submitted to the Committees on 
Appropriations or the table accompanying the statement 
of the managers accompanying this Act, whichever is more 
detailed, unless prior approval is received from the House 
and Senate Committees on Appropriations: Provided, That 
not later than 60 days after the date of enactment of this 
Act, each agency funded by this Act shall submit a report 
to the Committees on Appropriations of the Senate and 
of the House of Representatives to establish the baseline 
for application of reprogramming and transfer authorities 
for the current fiscal year: Provided further, That the re-
port shall include: (1) a table for each appropriation with 
a separate column to display the President’s budget re-
quest, adjustments made by Congress, adjustments due to 
enacted rescissions, if appropriate, and the fiscal year en-
acted level; (2) a delineation in the table for each appro-
priation both by object class and program, project, and 
activity as detailed in the budget appendix for the respec-
tive appropriation; and (3) an identification of items of 
special congressional interest: Provided further, That the 
amount appropriated or limited for salaries and expenses
211
for an agency shall be reduced by $100,000 per day for 
each day after the required date that the report has not 
been submitted to the Congress. 
SEC. 811. Except as otherwise specifically provided 
by law, not to exceed 50 percent of unobligated balances 
remaining available at the end of fiscal year 2007 from 
appropriations made available for salaries and expenses 
for fiscal year 2007 in this Act, shall remain available 
through September 30, 2008, for each such account for 
the purposes authorized: Provided, That a request shall 
be submitted to the Committees on Appropriations for ap-
proval prior to the expenditure of such funds: Provided 
further, That these requests shall be made in compliance 
with reprogramming guidelines. 
SEC. 812. None of the funds made available in this 
Act may be used by the Executive Office of the President 
to request from the Federal Bureau of Investigation any 
official background investigation report on any individual, 
except when—
(1) such individual has given his or her express 
written consent for such request not more than 6 
months prior to the date of such request and during 
the same presidential administration; or 
(2) such request is required due to extraor-
dinary circumstances involving national security.
212
SEC. 813. The cost accounting standards promul-
gated under section 26 of the Office of Federal Procure-
ment Policy Act (Public Law 93–400; 41 U.S.C. 422) 
shall not apply with respect to a contract under the Fed-
eral Employees Health Benefits Program established 
under chapter 89 of title 5, United States Code. 
SEC. 814. For the purpose of resolving litigation and 
implementing any settlement agreements regarding the 
nonforeign area cost-of-living allowance program, the Of-
fice of Personnel Management may accept and utilize 
(without regard to any restriction on unanticipated travel 
expenses imposed in an Appropriations Act) funds made 
available to the Office pursuant to court approval. 
SEC. 815. No funds appropriated by this Act shall 
be available to pay for an abortion, or the administrative 
expenses in connection with any health plan under the 
Federal employees health benefits program which provides 
any benefits or coverage for abortions. 
SEC. 816. The provision of section 815 shall not 
apply where the life of the mother would be endangered 
if the fetus were carried to term, or the pregnancy is the 
result of an act of rape or incest. 
SEC. 817. In order to promote Government access to 
commercial information technology, the restriction on pur-
chasing nondomestic articles, materials, and supplies set
213
forth in the Buy American Act (41 U.S.C. 10a et seq.), 
shall not apply to the acquisition by the Federal Govern-
ment of information technology (as defined in section 
11101 of title 40, United States Code), that is a commer-
cial item (as defined in section 4(12) of the Office of Fed-
eral Procurement Policy Act (41 U.S.C. 403(12)). 
SEC. 818. None of the funds made available in the 
Act may be used to finalize, implement, administer, or en-
force—
(1) the proposed rule relating to the determina-
tion that real estate brokerage is an activity that is 
financial in nature or incidental to a financial activ-
ity published in the Federal Register on January 3, 
2001 (66 Fed. Reg. 307 et seq.); or 
(2) the revision proposed in such rule to section 
1501.2 of title 12 of the Code of Federal Regula-
tions. 
SEC. 819. No funds in this Act may be used to sup-
port any Federal, State, or local projects that seek to use 
the power of eminent domain, unless eminent domain is 
employed only for a public use: Provided, That for pur-
poses of this section, public use shall not be construed to 
include economic development that primarily benefits pri-
vate entities: Provided further, That any use of funds for 
mass transit, railroad, airport, seaport or highway projects
214
as well as utility projects which benefit or serve the gen-
eral public (including energy-related, communication-re-
lated, water-related and wastewater-related infrastruc-
ture), other structures designated for use by the general 
public or which have other common-carrier or public-util-
ity functions that serve the general public and are subject 
to regulation and oversight by the government, and 
projects for the removal of an immediate threat to public 
health and safety or brownsfield as defined in the Small 
Business Liability Relief and Brownsfield Revitalization 
Act (Public Law 107–118) shall be considered a public 
use for purposes of eminent domain. 
TITLE IX—GENERAL PROVISIONS 
GOVERNMENT-WIDE 
DEPARTMENTS, AGENCIES, AND CORPORATIONS 
SEC. 901. Funds appropriated in this or any other 
Act may be used to pay travel to the United States for 
the immediate family of employees serving abroad in cases 
of death or life threatening illness of said employee. 
SEC. 902. No department, agency, or instrumentality 
of the United States receiving appropriated funds under 
this or any other Act for fiscal year 2007 shall obligate 
or expend any such funds, unless such department, agen-
cy, or instrumentality has in place, and will continue to 
administer in good faith, a written policy designed to en-