H. R. 1591—52
performed. For contracts under the Integrated Deepwater Sys-
tems program, such requirement shall include a provision that 
links award fees to successful acquisition outcomes (which shall 
be defined in terms of cost, schedule, and performance). 
(6) A requirement that the Commandant of the Coast 
Guard assign an appropriate officer or employee of the Coast 
Guard to act as chair of each integrated product team and 
higher-level team assigned to the oversight of each integrated 
product team. 
(7) A requirement that the Commandant of the Coast 
Guard may not award or issue any contract, task or delivery 
order, letter contract modification thereof, or other similar con-
tract, for the acquisition or modification of an asset under 
a procurement subject to subsection (b) unless the Coast Guard 
and the contractor concerned have formally agreed to all terms 
and conditions or the head of contracting activity for the Coast 
Guard determines that a compelling need exists for the award 
or issue of such instrument. 
(b) CONTRACTS, SUBCONTRACTS, TASK AND DELIVERY ORDERS 
COVERED.—Subsection (a) applies to—
(1) any major procurement contract, first-tier subcontract, 
delivery or task order entered into by the Coast Guard; 
(2) any first-tier subcontract entered into under such a 
contract; and 
(3) any task or delivery order issued pursuant to such 
a contract or subcontract. 
(c) EXPENDITURE OF DEEPWATER FUNDS.—Of the funds avail-
able for the Integrated Deepwater Systems program, $650,000,000 
may not be obligated until the Committees on Appropriations of 
the Senate and the House of Representatives receive an expenditure 
plan directly from the Coast Guard that—
(1) defines activities, milestones, yearly costs, and life-
cycle costs for each procurement of a major asset, including 
an independent cost estimate for each; 
(2) identifies life-cycle staffing and training needs of Coast 
Guard project managers and of procurement and contract staff; 
(3) identifies competition to be conducted in each procure-
ment; 
(4) describes procurement plans that do not rely on a 
single industry entity or contract; 
(5) contains very limited indefinite delivery/indefinite 
quantity contracts and explains the need for any indefinite 
delivery/indefinite quantity contracts; 
(6) complies with all applicable acquisition rules, require-
ments, and guidelines, and incorporates the best systems 
acquisition management practices of the Federal Government; 
(7) complies with the capital planning and investment con-
trol requirements established by the Office of Management 
and Budget, including circular A–11, part 7; 
(8) includes a certification by the head of contracting 
activity for the Coast Guard and the Chief Procurement Officer 
of the Department of Homeland Security that the Coast Guard 
has established sufficient controls and procedures and has suffi-
cient staffing to comply with all contracting requirements, and 
that any conflicts of interest have been sufficiently addressed;
H. R. 1591—53
(9) includes a description of the process used to act upon 
deviations from the contractually specified performance require-
ments and clearly explains the actions taken on such deviations; 
(10) includes a certification that the Assistant Commandant 
of the Coast Guard for Engineering and Logistics is designated 
as the technical authority for all engineering, design, and logis-
tics decisions pertaining to the Integrated Deepwater Systems 
program; and 
(11) identifies progress in complying with the requirements 
of subsection (a). 
(d) REPORTS.—(1) Not later than 30 days after the date of 
enactment of this Act, the Commandant of the Coast Guard shall 
submit to the Committees on Appropriations of the Senate and 
the House of Representatives; the Committee on Commerce, Science 
and Transportation of the Senate; and the Committee on Transpor-
tation and Infrastructure of the House of Representatives: (i) a 
report on the resources (including training, staff, and expertise) 
required by the Coast Guard to provide appropriate management 
and oversight of the Integrated Deepwater Systems program; and 
(ii) a report on how the Coast Guard will utilize full and open 
competition for any contract that provides for the acquisition or 
modification of assets under, or in support of, the Integrated Deep-
water Systems program, entered into after the date of enactment 
of this Act. 
(2) Within 30 days following the submission of the expenditure 
plan required under subsection (c), the Government Accountability 
Office shall review the plan and brief the Committees on Appropria-
tions of the Senate and the House of Representatives on its findings. 
SEC. 4403. None of the funds provided in this Act or any 
other Act may be used to alter or reduce operations within the 
Civil Engineering Program of the Coast Guard nationwide, 
including the civil engineering units, facilities, design and construc-
tion centers, maintenance and logistics command centers, the Coast 
Guard Academy and the Coast Guard Research and Development 
Center, except as specifically authorized by a statute enacted after 
the date of enactment of this Act. 
(INCLUDING RESCISSIONS OF FUNDS) 
SEC. 4404. (a) RESCISSIONS.—The following unobligated bal-
ances made available pursuant to section 505 of Public Law 109–
90 are rescinded: $1,200,962 from the ‘‘Office of the Secretary 
and Executive Management’’; $512,855 from the ‘‘Office of the Under 
Secretary for Management’’; $461,874 from the ‘‘Office of the Chief 
Information Officer’’; $45,080 from the ‘‘Office of the Chief Financial 
Officer’’; $968,211 from Preparedness ‘‘Management and Adminis-
tration’’; $1,215,486 from Science and Technology ‘‘Management 
and Administration’’; $450,000 from United States Secret Service 
‘‘Salaries and Expenses’’; $450,000 from Federal Emergency 
Management Agency ‘‘Administrative and Regional Operations’’; 
and $25,595,532 from United States Coast Guard ‘‘Operating 
Expenses’’. 
(b) ADDITIONAL APPROPRIATIONS.—
(1) For an additional amount for United States Coast Guard 
‘‘Acquisition, Construction, and Improvements’’, $30,000,000, 
to remain available until September 30, 2009, to mitigate the 
Service’s patrol boat operational gap; and
H. R. 1591—54
(2) For an additional amount for the ‘‘Office of the Under 
Secretary for Management’’, $900,000, for an independent study 
to compare the Department of Homeland Security senior career 
and political staffing levels and senior career training programs 
with those of similarly structured cabinet-level agencies. 
SEC. 4405. (a) IN GENERAL.—With respect to contracts entered 
into after June 1, 2007, and except as provided in subsection (b), 
no entity performing lead system integrator functions in the acquisi-
tion of a major system by the Department of Homeland Security 
may have any direct financial interest in the development or 
construction of any individual system or element of any system 
of systems. 
(b) EXCEPTION.—An entity described in subsection (a) may have 
a direct financial interest in the development or construction of 
an individual system or element of a system of systems if—
(1) the Secretary of Homeland Security certifies to the 
Committees on Appropriations of the Senate and the House 
of Representatives, the Committee on Homeland Security of 
the House of Representatives, the Committee on Transportation 
and Infrastructure of the House of Representatives, the Com-
mittee on Homeland Security and Governmental Affairs of the 
Senate, and the Committee on Commerce, Science and 
Transportation of the Senate that—
(A) the entity was selected by the Department of Home-
land Security as a contractor to develop or construct the 
system or element concerned through the use of competitive 
procedures; and 
(B) the Department took appropriate steps to prevent 
any organizational conflict of interest in the selection 
process; or 
(2) the entity was selected by a subcontractor to serve 
as a lower-tier subcontractor, through a process over which 
the entity exercised no control. 
(c) CONSTRUCTION.—Nothing in this section shall be construed 
to preclude an entity described in subsection (a) from performing 
work necessary to integrate two or more individual systems or 
elements of a system of systems with each other. 
(d) REGULATIONS UPDATE.—Not later than June 1, 2007, the 
Secretary of Homeland Security shall update the acquisition regula-
tions of the Department of Homeland Security in order to specify 
fully in such regulations the matters with respect to lead system 
integrators set forth in this section. Included in such regulations 
shall be: (1) a precise and comprehensive definition of the term 
‘‘lead system integrator’’, modeled after that used by the Depart-
ment of Defense; and (2) a specification of various types of contracts 
and fee structures that are appropriate for use by lead system 
integrators in the production, fielding, and sustainment of complex 
systems. 
CHAPTER 5
GENERAL PROVISIONS—THIS CHAPTER 
SEC. 4501. Section 20515 of the Continuing Appropriations 
Resolution, 2007 (division B of Public Law 109–289, as amended 
by Public Law 110–5) is amended by inserting before the period: 
‘‘; and of which, not to exceed $143,628,000 shall be available
H. R. 1591—55
for contract support costs under the terms and conditions contained 
in Public Law 109–54’’. 
SEC. 4502. Section 20512 of the Continuing Appropriations 
Resolution, 2007 (division B of Public Law 109–289, as amended 
by Public Law 110–5) is amended by inserting after the first dollar 
amount: ‘‘, of which not to exceed $7,300,000 shall be transferred 
to the ‘Indian Health Facilities’ account; the amount in the second 
proviso shall be $18,000,000; the amount in the third proviso shall 
be $525,099,000; the amount in the ninth proviso shall be 
$269,730,000; and the $15,000,000 allocation of funding under the 
eleventh proviso shall not be required’’. 
SEC. 4503. Section 20501 of the Continuing Appropriations 
Resolution, 2007 (division B of Public Law 109–289, as amended 
by Public Law 110–5) is amended by inserting after ‘‘$55,663,000’’ 
the following: ‘‘of which $13,000,000 shall be for Save America’s 
Treasures’’. 
SEC. 4504. Funds made available to the United States Fish 
and Wildlife Service for fiscal year 2007 under the heading ‘‘Land 
Acquisition’’ may be used for land conservation partnerships author-
ized by the Highlands Conservation Act of 2004. 
CHAPTER 6
DEPARTMENT OF HEALTH AND HUMAN SERVICES 
NATIONAL INSTITUTES OF HEALTH 
NATIONAL INSTITUTE OF ALLERGY AND INFECTIOUS DISEASES 
(TRANSFER OF FUNDS) 
Of the amount provided by the Continuing Appropriations Reso-
lution, 2007 (division B of Public Law 109–289, as amended by 
Public Law 110–5) for ‘‘National Institute of Allergy and Infectious 
Diseases’’, $49,500,000 shall be transferred to ‘‘Public Health and 
Social Services Emergency Fund’’ to carry out activities relating 
to advanced research and development as provided by section 319L 
of the Public Health Service Act. 
OFFICE OF THE DIRECTOR 
(TRANSFER OF FUNDS) 
Of the amount provided by the Continuing Appropriations Reso-
lution, 2007 (division B of Public Law 109–289, as amended by 
Public Law 110–5) for ‘‘Office of the Director’’, $49,500,000 shall 
be transferred to ‘‘Public Health and Social Services Emergency 
Fund’’ to carry out activities relating to advanced research and 
development as provided by section 319L of the Public Health 
Service Act. 
NATIONAL COUNCIL ON DISABILITY 
SALARIES AND EXPENSES 
For an additional amount for ‘‘Salaries and Expenses’’, 
$300,000, to remain available until expended, for necessary 
expenses related to the requirements of the Post-Katrina Emergency 
Management Reform Act of 2006, as enacted by the Department
H. R. 1591—56
of Homeland Security Appropriations Act, 2007 (Public Law 109–
295). 
GENERAL PROVISIONS—THIS CHAPTER 
(INCLUDING TRANSFERS OF FUNDS AND RESCISSION) 
SEC. 4601. Section 20602 of the Continuing Appropriations 
Resolution, 2007 (division B of Public Law 109–289, as amended 
by Public Law 110–5) is amended by inserting the following after 
‘‘$5,000,000’’: ‘‘(together with an additional $7,000,000 which shall 
be transferred by the Pension Benefit Guaranty Corporation as 
an authorized administrative cost), to remain available through 
September 30, 2008,’’. 
SEC. 4602. Section 20607 of the Continuing Appropriations 
Resolution, 2007 (division B of Public Law 109–289, as amended 
by Public Law 110–5) is amended by inserting ‘‘of which $9,666,000 
shall be for the Women’s Bureau,’’ after ‘‘for child labor activities,’’. 
SEC. 4603. Of the amount provided for ‘‘Department of Health 
and Human Services, Health Resources and Services Administra-
tion, Health Resources and Services’’ in the Continuing Appropria-
tions Resolution, 2007 (division B of Public Law 109–289, as 
amended by Public Law 110–5), $23,000,000 shall be for Poison 
Control Centers. 
SEC. 4604. From the amounts made available by the Continuing 
Appropriations Resolution, 2007 (division B of Public Law 109–
289, as amended by Public Law 110–5) for the Office of the Sec-
retary, General Departmental Management under the Department 
of Health and Human Services, $1,000,000 are rescinded. 
SEC. 4605. Section 20625(b)(1) of the Continuing Appropriations 
Resolution, 2007 (division B of Public Law 109–289, as amended 
by Public Law 110–5) is amended by—
(1) 
striking 
‘‘$7,172,994,000’’ 
and 
inserting 
‘‘$7,176,431,000’’; 
(2) amending subparagraph (A) to read as follows: ‘‘(A) 
$5,454,824,000 shall be for basic grants under section 1124 
of the Elementary and Secondary Education Act of 1965 
(ESEA), of which up to $3,437,000 shall be available to the 
Secretary of Education on October 1, 2006, to obtain annually 
updated educational-agency-level census poverty data from the 
Bureau of the Census;’’; and 
(3) amending subparagraph (C) to read as follows: ‘‘(C) 
not to exceed $2,352,000 may be available for section 1608 
of the ESEA and for a clearinghouse on comprehensive school 
reform under part D of title V of the ESEA;’’. 
SEC. 4606. The provision in the first proviso under the heading 
‘‘Rehabilitation Services and Disability Research’’ in the Department 
of Education Appropriations Act, 2006, relating to alternative 
financing programs under section 4(b)(2)(D) of the Assistive Tech-
nology Act of 1998 shall not apply to funds appropriated by the 
Continuing Appropriations Resolution, 2007. 
SEC. 4607. Notwithstanding sections 20639 and 20640 of the 
Continuing Appropriations Resolution, 2007, as amended by section 
2 of the Revised Continuing Appropriations Resolution, 2007 (Public 
Law 110–5), the Chief Executive Officer of the Corporation for 
National and Community Service may transfer an amount of not 
more than $1,360,000 from the account under the heading ‘‘National 
and Community Service Programs, Operating Expenses’’ under the
H. R. 1591—57
heading ‘‘Corporation for National and Community Service’’, to the 
account under the heading ‘‘Salaries and Expenses’’ under the 
heading ‘‘Corporation for National and Community Service’’. 
SEC. 4608. (a) Section 1310.12(a) of title 45, Code of Federal 
Regulations, shall take effect 30 days after the date of enactment 
of this Act. 
(b)(1) Notwithstanding subsection (a), any vehicle used to trans-
port children for a Head Start program as of January 1, 2007, 
shall not be subject to a requirement under such section (including 
a requirement based on the definitions set forth or referenced 
in section 1310.3 or any other provision set forth or referenced 
in part 1310 of such title, or any corresponding similar regulation 
or ruling) regarding rear emergency exit doors, for 1 year after 
that date of enactment. 
(2) Not later than 60 days after the National Highway Traffic 
Safety Administration of the Department of Transportation submits 
its study on occupant protection on Head Start transit vehicles 
(related to Government Accountability Office report GAO–06–767R), 
the Secretary of Health and Human Services shall review and 
shall revise as necessary the allowable alternate vehicle standards 
described in that part 1310 (or any corresponding similar regulation 
or ruling) relating to allowable alternate vehicles used to transport 
children for a Head Start program. In making any such revision, 
the Secretary shall revise the standards to be consistent with the 
findings contained in such study, including making a determination 
on the exemption of such a vehicle from Federal seat spacing 
requirements, and Federal supporting seating requirements related 
to compartmentalization, if such vehicle meets all other applicable 
Federal motor vehicle safety standards, including standards for 
seating systems, occupant crash protection, seat belt assemblies, 
and child restraint anchorage systems consistent with that part 
1310 (or any corresponding similar regulation or ruling). 
(3) Notwithstanding subsection (a), until such date as the Sec-
retary of Health and Human Services completes the review and 
any necessary revision specified in paragraph (2), the provisions 
of section 1310.12(a) relating to Federal seat spacing requirements, 
and 
Federal 
supporting 
seating 
requirements 
related 
to 
compartmentalization, for allowable alternate vehicles used to 
transport children for a Head Start program, shall not apply to 
such a vehicle if such vehicle meets all other applicable Federal 
motor vehicle safety standards, as described in paragraph (2). 
CHAPTER 7
LEGISLATIVE BRANCH 
HOUSE OF REPRESENTATIVES 
PAYMENT TO WIDOWS AND HEIRS OF DECEASED MEMBERS OF 
CONGRESS 
For payment to Gloria W. Norwood, widow of Charles W. Nor-
wood, Jr., late a Representative from the State of Georgia, $165,200.
H. R. 1591—58
CHAPTER 8
GENERAL PROVISIONS—THIS CHAPTER 
TECHNICAL AMENDMENT 
SEC. 4801. (a) Notwithstanding any other provision of law, 
subsection (c) under the heading ‘‘Assistance for the Independent 
States of the Former Soviet Union’’ in Public Law 109–102, shall 
not apply to funds appropriated by the Continuing Appropriations 
Resolution, 2007 (Public Law 109–289, division B) as amended 
by Public Laws 109–369, 109–383, and 110–5. 
(b) Section 534(k) of the Foreign Operations, Export Financing, 
and Related Programs Appropriations Act, 2006 (Public Law 109–
102) is amended, in the second proviso, by inserting after ‘‘sub-
section (b) of that section’’ the following: ‘‘and the requirement 
that a majority of the members of the board of directors be United 
States citizens provided in subsection (d)(3)(B) of that section’’. 
(c) Subject to section 101(c)(2) of the Continuing Appropriations 
Resolution, 2007 (division B of Public Law 109–289, as amended 
by Public Law 110–5), the amount of funds appropriated for ‘‘For-
eign Military Financing Program’’ pursuant to such Resolution shall 
be construed to be the total of the amount appropriated for such 
program by section 20401 of that Resolution and the amount made 
available for such program by section 591 of the Foreign Operations, 
Export Financing, and Related Programs Appropriations Act, 2006 
(Public Law 109–102) which is made applicable to the fiscal year 
2007 by the provisions of such Resolution. 
SEC. 4802. Notwithstanding any provision of title I of division 
B of the Continuing Appropriations Resolution, 2007 (division B 
of Public Law 109–289, as amended by Public Laws 109–369, 109–
383, and 110–5), the dollar amount limitation of the first proviso 
under the heading, ‘‘Administration of Foreign Affairs, Diplomatic 
and Consular Programs’’, in title IV of the Science, State, Justice, 
Commerce, and Related Agencies Appropriations Act, 2006 (Public 
Law 109–108; 119 Stat. 2319) shall not apply to funds appropriated 
under such heading for fiscal year 2007. 
CHAPTER 9
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT 
OFFICE OF FEDERAL HOUSING ENTERPRISE OVERSIGHT 
SALARIES AND EXPENSES 
(INCLUDING TRANSFER OF FUNDS) 
For an additional amount to carry out the Federal Housing 
Enterprises Financial Safety and Soundness Act of 1992, 
$6,150,000, to remain available until expended, to be derived from 
the Federal Housing Enterprises Oversight Fund and to be subject 
to the same terms and conditions pertaining to funds provided 
under this heading in Public Law 109–115: Provided, That not 
to exceed the total amount provided for these activities for fiscal 
year 2007 shall be available from the general fund of the Treasury 
to the extent necessary to incur obligations and make expenditures 
pending the receipt of collections to the Fund: Provided further,
H. R. 1591—59
That the general fund amount shall be reduced as collections are 
received during the fiscal year so as to result in a final appropriation 
from the general fund estimated at not more than $0. 
GENERAL PROVISIONS—THIS CHAPTER 
SEC. 4901. Hereafter, funds limited or appropriated for the 
Department of Transportation may be obligated or expended to 
grant authority to a Mexican motor carrier to operate beyond United 
States municipalities and commercial zones on the United States-
Mexico border only to the extent that—
(1) granting such authority is first tested as part of a 
pilot program; 
(2) such pilot program complies with the requirements 
of section 350 of Public Law 107–87 and the requirements 
of section 31315(c) of title 49, United States Code, related 
to pilot programs; and 
(3) simultaneous and comparable authority to operate 
within Mexico is made available to motor carriers domiciled 
in the United States. 
SEC. 4902. Funds provided for the ‘‘National Transportation 
Safety Board, Salaries and Expenses’’ in section 21031 of the Con-
tinuing Appropriations Resolution, 2007 (division B of Public Law 
109–289, as amended by Public Law 110–5) include amounts nec-
essary to make lease payments due in fiscal year 2007 only, on 
an obligation incurred in 2001 under a capital lease. 
SEC. 4903. Section 21033 of the Continuing Appropriations 
Resolution, 2007 (division B of Public Law 109–289, as amended 
by Public Law 110–5) is amended by adding after the second proviso: 
‘‘: Provided further, That paragraph (2) under such heading in 
Public Law 109–115 (119 Stat. 2441) shall be funded at 
$149,300,000, but additional section 8 tenant protection rental 
assistance costs may be funded in 2007 by using unobligated bal-
ances, notwithstanding the purposes for which such amounts were 
appropriated, including recaptures and carryover, remaining from 
funds appropriated to the Department of Housing and Urban 
Development under this heading, the heading ‘Annual Contributions 
for Assisted Housing’, the heading ‘Housing Certificate Fund’, and 
the heading ‘Project-Based Rental Assistance’ for fiscal year 2006 
and prior fiscal years: Provided further, That paragraph (3) under 
such heading in Public Law 109–115 (119 Stat. 2441) shall be 
funded at $47,500,000: Provided further, That paragraph (4) under 
such heading in Public Law 109–115 (119 Stat. 2441) shall be 
funded at $5,900,000: Provided further, That paragraph (5) under 
such heading in Public Law 109–115 (119 Stat. 2441) shall be 
funded at $1,281,100,000, of which $1,251,100,000 shall be allocated 
for the calendar year 2007 funding cycle on a pro rata basis to 
public housing agencies based on the amount public housing agen-
cies were eligible to receive in calendar year 2006, and of which 
up to $30,000,000 shall be available to the Secretary to allocate 
to public housing agencies that need additional funds to administer 
their section 8 programs, with up to $20,000,000 to be for fees 
associated with section 8 tenant protection rental assistance’’. 
SEC. 4904. Section 232(b) of the Departments of Veterans 
Affairs and Housing and Urban Development, and Independent 
Agencies Appropriations Act, 2001 (Public Law 106–377) is amended 
to read as follows:
H. R. 1591—60
‘‘(b) APPLICABILITY.—In the case of any dwelling unit that, 
upon the date of the enactment of this Act, is assisted under 
a housing assistance payment contract under section 8(o)(13) as 
in effect before such enactment, or under section 8(d)(2) of the 
United States Housing Act of 1937 (42 U.S.C. 1437f(d)(2)) as in 
effect before the enactment of the Quality Housing and Work 
Responsibility Act of 1998 (title V of Public Law 105–276), assist-
ance may be renewed or extended under such section 8(o)(13), 
as amended by subsection (a), provided that the initial contract 
term and rent of such renewed or extended assistance shall be 
determined pursuant to subparagraphs (F) and (H), and subpara-
graphs (C) and (D) of such section shall not apply to such extensions 
or renewals.’’. 
CHAPTER 10
GENERAL PROVISIONS—THIS ACT 
AVAILABILITY OF FUNDS 
SEC. 4950. No part of any appropriation contained in this 
Act shall remain available for obligation beyond the current fiscal 
year unless expressly so provided herein. 
DESIGNATION FOR TITLE I 
SEC. 4951. Amounts in title I are designated as emergency 
requirements pursuant to section 402 of H. Con. Res. 95 (109th 
Congress), and as making appropriations for contingency operations 
directly related to the global war on terrorism and other unantici-
pated defense-related operations pursuant to section 402 of H. Con. 
Res. 376 (109th Congress) as made applicable to the House of 
Representatives by section 511(a)(4) of H. Res. 6 (110th Congress). 
EMERGENCY DESIGNATION FOR OTHER TITLES 
SEC. 4952. Amounts in titles II, III, V, and VI are designated 
as emergency requirements pursuant to section 402 of H. Con. 
Res. 95 (109th Congress), and pursuant to section 501 of H. Con. 
Res. 376 (109th Congress) as made applicable to the House of 
Representatives by section 511(a)(4) of H. Res. 6 (110th Congress). 
TITLE V 
AGRICULTURAL ASSISTANCE 
SEC. 5101. CROP DISASTER ASSISTANCE. 
(a) ASSISTANCE AVAILABLE.—There are hereby appropriated to 
the Secretary of Agriculture such sums as are necessary, to remain 
available until expended, to make emergency financial assistance 
available to producers on a farm that incurred qualifying quantity 
or quality losses for the 2005 or 2006 crop, or that part of the 
2007 crop year before February 28, 2007, due to damaging weather 
or any related condition (including losses due to crop diseases, 
insects, and delayed planting), as determined by the Secretary. 
However, to be eligible for assistance, the crop subject to the loss 
must have been planted before February 28, 2007 or, in the case 
of prevented planting or other total loss, would have been planted
H. R. 1591—61
before February 28, 2007 in the absence of the damaging weather 
or any related condition. 
(b) ELECTION OF CROP YEAR.—If a producer incurred qualifying 
crop losses in more than one of the 2005, 2006, or 2007 crop 
years, the producer shall elect to receive assistance under this 
section for losses incurred in only one of such crop years. The 
producer may not receive assistance under this section for more 
than one crop year. 
(c) ADMINISTRATION.—
(1) IN GENERAL.—Except as provided in paragraph (2), the 
Secretary of Agriculture shall make assistance available under 
this section in the same manner as provided under section 
815 of the Agriculture, Rural Development, Food and Drug 
Administration and Related Agencies Appropriations Act, 2001 
(Public Law 106–387; 114 Stat. 1549A–55), including using 
the same loss thresholds for quantity and economic losses as 
were used in administering that section, except that the pay-
ment rate shall be 50 percent of the established price, instead 
of 65 percent. 
(2) LOSS THRESHOLDS FOR QUALITY LOSSES.—In the case 
of a payment for quality loss for a crop under subsection (a), 
the loss thresholds for quality loss for the crop shall be deter-
mined under subsection (d). 
(d) QUALITY LOSSES.—
(1) IN
GENERAL.—Subject to paragraph (3), the amount 
of a payment made to producers on a farm for a quality loss 
for a crop under subsection (a) shall be equal to the amount 
obtained by multiplying—
(A) 65 percent of the payment quantity determined 
under paragraph (2); by 
(B) 50 percent of the payment rate determined under 
paragraph (3). 
(2) PAYMENT
QUANTITY.—For the purpose of paragraph 
(1)(A), the payment quantity for quality losses for a crop of 
a commodity on a farm shall equal the lesser of—
(A) the actual production of the crop affected by a 
quality loss of the commodity on the farm; or 
(B) the quantity of expected production of the crop 
affected by a quality loss of the commodity on the farm, 
using the formula used by the Secretary of Agriculture 
to determine quantity losses for the crop of the commodity 
under subsection (a). 
(3) PAYMENT RATE.—For the purpose of paragraph (1)(B) 
and in accordance with paragraphs (5) and (6), the payment 
rate for quality losses for a crop of a commodity on a farm 
shall be equal to the difference between—
(A) the per unit market value that the units of the 
crop affected by the quality loss would have had if the 
crop had not suffered a quality loss; and 
(B) the per unit market value of the units of the 
crop affected by the quality loss. 
(4) ELIGIBILITY.—For producers on a farm to be eligible 
to obtain a payment for a quality loss for a crop under sub-
section (a), the amount obtained by multiplying the per unit 
loss determined under paragraph (1) by the number of units 
affected by the quality loss shall be at least 25 percent of
H. R. 1591—62
the value that all affected production of the crop would have 
had if the crop had not suffered a quality loss. 
(5) MARKETING CONTRACTS.—In the case of any production 
of a commodity that is sold pursuant to one or more marketing 
contracts (regardless of whether the contract is entered into 
by the producers on the farm before or after harvest) and 
for which appropriate documentation exists, the quantity des-
ignated in the contracts shall be eligible for quality loss assist-
ance based on the one or more prices specified in the contracts. 
(6) OTHER PRODUCTION.—For any additional production of 
a commodity for which a marketing contract does not exist 
or for which production continues to be owned by the producer, 
quality losses shall be based on the average local market dis-
counts for reduced quality, as determined by the appropriate 
State committee of the Farm Service Agency. 
(7) QUALITY
ADJUSTMENTS
AND
DISCOUNTS.—The appro-
priate State committee of the Farm Service Agency shall iden-
tify the appropriate quality adjustment and discount factors 
to be considered in carrying out this subsection, including—
(A) the average local discounts actually applied to a 
crop; and 
(B) the discount schedules applied to loans made by 
the Farm Service Agency or crop insurance coverage under 
the Federal Crop Insurance Act (7 U.S.C. 1501 et seq.). 
(8) ELIGIBLE PRODUCTION.—The Secretary of Agriculture 
shall carry out this subsection in a fair and equitable manner 
for all eligible production, including the production of fruits 
and vegetables, other specialty crops, and field crops. 
(e) PAYMENT LIMITATIONS.—
(1) LIMIT ON AMOUNT OF ASSISTANCE.—Assistance provided 
under this section to a producer for losses to a crop, together 
with the amounts specified in paragraph (2) applicable to the 
same crop, may not exceed 95 percent of what the value of 
the crop would have been in the absence of the losses, as 
estimated by the Secretary of Agriculture. 
(2) OTHER PAYMENTS.—In applying the limitation in para-
graph (1), the Secretary shall include the following: 
(A) Any crop insurance payment made under the Fed-
eral Crop Insurance Act (7 U.S.C. 1501 et seq.) or payment 
under section 196 of the Federal Agricultural Improvement 
and Reform Act of 1996 (7 U.S.C. 7333) that the producer 
receives for losses to the same crop. 
(B) The value of the crop that was not lost (if any), 
as estimated by the Secretary. 
(f) ELIGIBILITY REQUIREMENTS
AND LIMITATIONS.—The pro-
ducers on a farm shall not be eligible for assistance under this 
section with respect to losses to an insurable commodity or non-
insurable commodity if the producers on the farm—
(1) in the case of an insurable commodity, did not obtain 
a policy or plan of insurance for the insurable commodity under 
the Federal Crop Insurance Act (7 U.S.C. 1501 et seq.) for 
the crop incurring the losses; 
(2) in the case of a noninsurable commodity, did not file 
the required paperwork, and pay the administrative fee by
H. R. 1591—63
the applicable State filing deadline, for the noninsurable com-
modity under section 196 of the Federal Agriculture Improve-
ment and Reform Act of 1996 (7 U.S.C. 7333) for the crop 
incurring the losses; or 
(3) were not in compliance with highly erodible land con-
servation and wetland conservation provisions. 
(g) TIMING.—
(1) IN GENERAL.—Subject to paragraph (2), the Secretary 
of Agriculture shall make payments to producers on a farm 
for a crop under this section not later than 60 days after 
the date the producers on the farm submit to the Secretary 
a completed application for the payments. 
(2) INTEREST.—If the Secretary does not make payments 
to the producers on a farm by the date described in paragraph 
(1), the Secretary shall pay to the producers on a farm interest 
on the payments at a rate equal to the current (as of the 
sign-up deadline established by the Secretary) market yield 
on outstanding, marketable obligations of the United States 
with maturities of 30 years. 
(h) DEFINITIONS.—In this section: 
(1) INSURABLE
COMMODITY.—The term ‘‘insurable com-
modity’’ means an agricultural commodity (excluding livestock) 
for which the producers on a farm are eligible to obtain a 
policy or plan of insurance under the Federal Crop Insurance 
Act (7 U.S.C. 1501 et seq.). 
(2) NONINSURABLE COMMODITY.—The term ‘‘noninsurable 
commodity’’ means a crop for which the producers on a farm 
are eligible to obtain assistance under section 196 of the Federal 
Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 
7333). 
SEC. 5102. LIVESTOCK ASSISTANCE. 
(a) LIVESTOCK COMPENSATION PROGRAM.—
(1) AVAILABILITY OF ASSISTANCE.—There are hereby appro-
priated to the Secretary of Agriculture such sums as are nec-
essary, to remain available until expended, to carry out the 
livestock compensation program established under subpart B 
of part 1416 of title 7, Code of Federal Regulations, as 
announced by the Secretary on February 12, 2007 (72 Fed. 
Reg. 6443), to provide compensation for livestock losses between 
January 1, 2005 and February 28, 2007, due to a disaster, 
as determined by the Secretary (including losses due to bliz-
zards that started in 2006 and continued into January 2007). 
However, the payment rate for compensation under this sub-
section shall be 70 percent of the payment rate otherwise 
applicable 
under 
such 
program. 
In 
addition, 
section 
1416.102(b)(2)(ii) of title 7, Code of Federal Regulations (72 
Fed. Reg. 6444) shall not apply. 
(2) ELIGIBLE
APPLICANTS.—In carrying out the program 
described in paragraph (1), the Secretary shall provide assist-
ance to any applicant that—
(A) conducts a livestock operation that is located in 
a disaster county with eligible livestock specified in para-
graph (1) of section 1416.102(a) of title 7, Code of Federal 
Regulations (72 Fed. Reg. 6444), an animal described in 
section 10806(a)(1) of the Farm Security and Rural Invest-
ment Act of 2002 (21 U.S.C. 321d(a)(1)), or other animals
H. R. 1591—64
designated by the Secretary as livestock for purposes of 
this subsection; and 
(B) meets the requirements of paragraphs (3) and (4) 
of section 1416.102(a) of title 7, Code of Federal Regula-
tions, and all other eligibility requirements established by 
the Secretary for the program. 
(3) ELECTION OF LOSSES.—
(A) If a producer incurred eligible livestock losses in 
more than one of the 2005, 2006, or 2007 calendar years, 
the producer shall elect to receive payments under this 
subsection for losses incurred in only one of such calendar 
years, and such losses must have been incurred in a county 
declared or designated as a disaster county in that same 
calendar year. 
(B) Producers may elect to receive compensation for 
losses in the calendar year 2007 grazing season that are 
attributable to wildfires occurring during the applicable 
period, as determined by the Secretary. 
(4) MITIGATION.—In determining the eligibility for or 
amount of payments for which a producer is eligible under 
the livestock compensation program, the Secretary shall not 
penalize a producer that takes actions (recognizing disaster 
conditions) that reduce the average number of livestock the 
producer owned for grazing during the production year for 
which assistance is being provided. 
(5) DEFINITIONS.—In this subsection: 
(A) DISASTER
COUNTY.—The term ‘‘disaster county’’ 
means—
(i) a county included in the geographic area covered 
by a natural disaster declaration; and 
(ii) each county contiguous to a county described 
in clause (i). 
(B) NATURAL DISASTER DECLARATION.—The term ‘‘nat-
ural disaster declaration’’ means—
(i) a natural disaster declared by the Secretary 
between January 1, 2005 and February 28, 2007, under 
section 321(a) of the Consolidated Farm and Rural 
Development Act (7 U.S.C. 1961(a)); 
(ii) a major disaster or emergency designated by 
the President between January 1, 2005 and February 
28, 2007, under the Robert T. Stafford Disaster Relief 
and Emergency Assistance Act (42 U.S.C. 5121 et seq.); 
or 
(iii) a determination of a Farm Service Agency 
Administrator’s Physical Loss Notice if such notice 
applies to a county included under (ii). 
(b) LIVESTOCK INDEMNITY PAYMENTS.—
(1) AVAILABILITY OF ASSISTANCE.—There are hereby appro-
priated to the Secretary of Agriculture such sums as are nec-
essary, to remain available until expended, to make livestock 
indemnity payments to producers on farms that have incurred 
livestock losses between January 1, 2005 and February 28, 
2007, due to a disaster, as determined by the Secretary 
(including losses due to blizzards that started in 2006 and 
continued into January 2007) in a disaster county. To be eligible 
for assistance, applicants must meet all eligibility requirements 
established by the Secretary for the program.
H. R. 1591—65
(2) ELECTION OF LOSSES.—If a producer incurred eligible 
livestock losses in more than one of the 2005, 2006, or 2007 
calendar years, the producer shall elect to receive payments 
under this subsection for losses incurred in only one of such 
calendar years. The producer may not receive payments under 
this subsection for more than one calendar year. 
(3) PAYMENT RATES.—Indemnity payments to a producer 
on a farm under paragraph (1) shall be made at a rate of 
not less than 30 percent of the market value of the applicable 
livestock on the day before the date of death of the livestock, 
as determined by the Secretary. 
(4) LIVESTOCK DEFINED.—In this subsection, the term ‘‘live-
stock’’ means an animal that—
(A) is specified in clause (i) of section 1416.203(a)(2) 
of title 7, Code of Federal Regulations (72 Fed. Reg. 6445), 
or is designated by the Secretary as livestock for purposes 
of this subsection; and 
(B) meets the requirements of clauses (iii) and (iv) 
of such section. 
(5) DEFINITIONS.—In this subsection: 
(A) DISASTER
COUNTY.—The term ‘‘disaster county’’ 
means—
(i) a county included in the geographic area covered 
by a natural disaster declaration; and 
(ii) each county contiguous to a county described 
in clause (i). 
(B) NATURAL DISASTER DECLARATION.—The term ‘‘nat-
ural disaster declaration’’ means—
(i) a natural disaster declared by the Secretary 
between January 1, 2005 and February 28, 2007 under 
section 321(a) of the Consolidated Farm and Rural 
Development Act (7 U.S.C. 1961(a)); 
(ii) a major disaster or emergency designated by 
the President between January 1, 2005 and February 
28, 2007 under the Robert T. Stafford Disaster Relief 
and Emergency Assistance Act (42 U.S.C. 5121 et seq.); 
or 
(iii) a determination of a Farm Service Agency 
Administrator’s Physical Loss Notice if such notice 
applies to a county included under (ii). 
SEC. 5103. EMERGENCY CONSERVATION PROGRAM. 
There is hereby appropriated to the Secretary of Agriculture 
$20,000,000, to remain available until expended, to provide assist-
ance under the Emergency Conservation Program under title IV 
of the Agriculture Credit Act of 1978 (16 U.S.C. 2201 et seq.) 
for the cleanup and restoration of farm and agricultural production 
lands. 
SEC. 5104. PAYMENT LIMITATIONS. 
(a) REDUCTION IN PAYMENTS TO REFLECT PAYMENTS FOR SAME 
OR SIMILAR LOSSES.—The amount of any payment for which a 
producer is eligible under sections 5101 and 5102 shall be reduced 
by any amount received by the producer for the same loss or 
any similar loss under—
(1) the Department of Defense, Emergency Supplemental 
Appropriations to Address Hurricanes in the Gulf of Mexico,