105
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 subsection (a), the amount obtained by 
multiplying the per unit loss determined under para-
graph (1) by the number of units affected by the 
quality loss shall be at least 25 percent of 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 1 or more marketing contracts (regardless of 
whether the contract is entered into by the pro-
ducers on the farm before or after harvest) and for 
which appropriate documentation exists, the quan-
tity designated in the contracts shall be eligible for
106
quality loss assistance based on the 1 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 con-
tinues to be owned by the producer, quality losses 
shall be based on the average local market discounts 
for reduced quality, as determined by the appro-
priate State committee of the Farm Service Agency. 
(7) QUALITY ADJUSTMENTS AND DISCOUNTS.—
The appropriate State committee of the Farm Serv-
ice Agency shall identify the appropriate quality ad-
justment and discount factors to be considered in 
carrying out this subsection, including—
(A) the average local discounts actually ap-
plied to a crop; and 
(B) the discount schedules applied to loans 
made by the Farm Service Agency or crop in-
surance coverage under the Federal Crop Insur-
ance 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, in-
cluding the production of fruits and vegetables, 
other specialty crops, and field crops.
107
(e) PAYMENT LIMITATIONS.—
(1) LIMIT ON AMOUNT OF ASSISTANCE.—As-
sistance provided under this section to a producer 
for losses to a crop, together with the amounts speci-
fied 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 limita-
tion in paragraph (1), the Secretary shall include the 
following: 
(A) Any crop insurance payment made 
under the Federal 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. 
(3) DUPLICATIVE
PAYMENTS.—The Secretary 
of Agriculture shall ensure, to the maximum extent 
practicable, that no producer on a farm receives du-
plicative payments under this section and any other 
Federal program for the same loss.
108
(f) ELIGIBILITY
REQUIREMENTS
AND
LIMITA-
TIONS.—The producers on a farm shall not be eligible for 
assistance under this section with respect to losses to an 
insurable commodity or noninsurable 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 in-
surable commodity under the Federal Crop Insur-
ance Act (7 U.S.C. 1501 et seq.) for the crop incur-
ring the losses; 
(2) in the case of a noninsurable commodity, 
did not file the required paperwork, and pay the ad-
ministrative fee by the applicable State filing dead-
line, for the noninsurable commodity under section 
196 of the Federal Agriculture Improvement 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 conservation and wetland conservation provi-
sions. 
(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
109
on the farm submit to the Secretary a completed ap-
plication for the payments. 
(2) INTEREST.—If the Secretary does not make 
payments to the producers on a farm by the date de-
scribed 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 dead-
line 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 ‘‘insur-
able commodity’’ means an agricultural commodity 
(excluding livestock) for which the producers on a 
farm are eligible to obtain a policy or plan of insur-
ance 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 assist-
ance under section 196 of the Federal Agriculture 
Improvement and Reform Act of 1996 (7 U.S.C. 
7333). 
SEC. 3102. LIVESTOCK ASSISTANCE. 
(a) LIVESTOCK COMPENSATION PROGRAM.—
110
(1) AVAILABILITY OF ASSISTANCE.—There are 
hereby appropriated to the Secretary of Agriculture 
such sums as are necessary, to remain available 
until expended, to carry out the livestock compensa-
tion program established under subpart B of part 
1416 of title 7, Code of Federal Regulations, as an-
nounced by the Secretary on February 12, 2007 (72 
Fed. Reg. 6443), to provide compensation for live-
stock losses during calendar years 2005 and 2006, 
and during calendar year 2007 before the date of 
the enactment of this Act, due to a disaster, as de-
termined by the Secretary, including wildfire in the 
State of Texas and other States and blizzards in the 
States of Colorado, Kansas, Nebraska, New Mexico, 
and Oklahoma. However, the payment rate for com-
pensation under this subsection shall be 75 percent 
of the payment rate otherwise applicable under such 
program. 
(2) ELIGIBLE
APPLICANTS.—In carrying out 
the program described in paragraph (1), the Sec-
retary shall provide assistance to any applicant 
that—
(A) conducts a livestock operation that is 
located in a disaster county with eligible live-
stock specified in paragraph (1) of section
111
1416.102(a) of title 7, Code of Federal Regula-
tions (72 Fed. Reg. 6444), an animal described 
in section 10806(a)(1) of the Farm Security 
and Rural Investment Act of 2002 (21 U.S.C. 
321d(a)(1)), or other animals designated by the 
Secretary as livestock for purposes of this sub-
section; and 
(B) meets the requirements of paragraphs 
(3) and (4) of section 1416.102(a) of title 7, 
Code of Federal Regulations, and all other eligi-
bility requirements established by the Secretary 
for the program. 
(3) ELECTION OF LOSSES.—If a producer in-
curred eligible livestock losses in more than one of 
the 2005, 2006, or 2007 calendar years, the pro-
ducer shall elect to receive payments under this sub-
section for losses incurred in only one of such cal-
endar years, and such losses must have been in-
curred in a county declared or designated as a dis-
aster county in that same calendar year. 
(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
112
reduce the average number of livestock the producer 
owned for grazing during the production year for 
which assistance is being provided. 
(5) LIMITATION.—The Secretary shall ensure, 
to the maximum extent practicable, that no producer 
on a farm receives duplicative payments under this 
subsection and another Federal program with re-
spect to any loss. 
(6) DEFINITIONS.—In this subsection: 
(A) DISASTER COUNTY.—The term ‘‘dis-
aster county’’ means—
(i) a county included in the geo-
graphic area covered by a natural disaster 
declaration; and 
(ii) each county contiguous to a coun-
ty described in clause (i). 
(B) NATURAL DISASTER DECLARATION.—
The 
term 
‘‘natural 
disaster 
declaration’’ 
means—
(i) a natural disaster declared by the 
Secretary during calendar year 2005 or 
2006, or calendar year 2007 before the 
date of the enactment of this Act, under 
section 321(a) of the Consolidated Farm
113
and Rural Development Act (7 U.S.C. 
1961(a)); or 
(ii) a major disaster or emergency 
designated by the President during cal-
endar year 2005 or 2006, or calendar year 
2007 before the date of the enactment of 
this Act, under the Robert T. Stafford Dis-
aster Relief and Emergency Assistance Act 
(42 U.S.C. 5121 et seq.). 
(b) LIVESTOCK INDEMNITY PAYMENTS.—
(1) AVAILABILITY OF ASSISTANCE.—There are 
hereby appropriated to the Secretary of Agriculture 
such sums as are necessary, to remain available 
until expended, to make livestock indemnity pay-
ments to producers on farms that have incurred live-
stock losses during calendar years 2005 and 2006, 
and during calendar year 2007 before the date of 
the enactment of this Act, due to a disaster, as de-
termined by the Secretary, including hurricanes, 
floods, anthrax, wildfires in the State of Texas and 
other States, and blizzards in the States of Colo-
rado, Kansas, Nebraska, New Mexico, and Okla-
homa. 
(2) ELECTION OF LOSSES.—If a producer in-
curred eligible livestock losses in more than one of
114
the 2005, 2006, or 2007 calendar years, the pro-
ducer shall elect to receive payments under this sub-
section for losses incurred in only one of such cal-
endar 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 deter-
mined by the Secretary. 
(4) LIVESTOCK DEFINED.—In this subsection, 
the term ‘‘livestock’’ means an animal that—
(A) is specified in clause (i) of section 
1416.203(a)(2) of title 7, Code of Federal Reg-
ulations (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. 
(c) LIMIT ON AMOUNT OF ASSISTANCE.—The Sec-
retary of Agriculture shall ensure, to the maximum extent 
practicable, that no producer on a farm receives duplica-
115
tive payments under this section and any other Federal 
program for the same loss. 
SEC. 3103. SPINACH. 
There is hereby appropriated to the Secretary of Ag-
riculture $25,000,000, to remain available until expended, 
to make payments to growers and first handlers, as de-
fined by the Secretary, of fresh spinach that were unable 
to market spinach crops as a result of the Food and Drug 
Administration Public Health Advisory issued on Sep-
tember 14, 2006. The payment made to a grower or first 
handler under this section shall not exceed 75 percent of 
the value of the unmarketed spinach crops. 
SEC. 3104. EMERGENCY CONSERVATION PROGRAM. 
There is hereby appropriated to the Secretary of Ag-
riculture $20,000,000, to remain available until expended, 
to provide assistance 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 restora-
tion of farmland damaged by freezing temperatures at any 
time during the period beginning on January 1, 2007, and 
ending on the date of the enactment of this Act. 
SEC. 3105. PAYMENT LIMITATIONS. 
(a) REDUCTION IN PAYMENTS TO REFLECT PAY-
MENTS FOR SAME OR SIMILAR LOSSES.—The amount of 
any payment for which a producer is eligible under sec-
116
tions 3101 and 3102 shall be reduced by any amount re-
ceived 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, and Pandemic Influenza Act, 
2006 (Public Law 109–148; 119 Stat. 2680); or 
(2) an agricultural disaster assistance provision 
contained in the announcement of the Secretary of 
Agriculture on January 26, 2006. 
(b) ADJUSTED GROSS INCOME LIMITATION.—Section 
1001D of the Food Security Act of 1985 (7 U.S.C. 1308–
3a) shall apply with respect to assistance provided under 
sections 3101, 3102, 3103, and 3104. 
SEC. 3106. ADMINISTRATION. 
(a) REGULATIONS.—The Secretary of Agriculture 
may promulgate such regulations as are necessary to im-
plement sections 3101 and 3102. 
(b) PROCEDURE.—The promulgation of the imple-
menting regulations and the administration of sections 
3101 and 3102 shall be made without regard to—
(1) the notice and comment provisions of sec-
tion 553 of title 5, United States Code; 
(2) the Statement of Policy of the Secretary of 
Agriculture effective July 24, 1971 (36 Fed. Reg.
117
13804), relating to notices of proposed rulemaking 
and public participation in rulemaking; and 
(3) chapter 35 of title 44, United States Code 
(commonly known as the ‘‘Paperwork Reduction 
Act’’). 
(c) CONGRESSIONAL REVIEW
OF AGENCY RULE-
MAKING.—In carrying out this section, the Secretary of 
Agriculture shall use the authority provided under section 
808 of title 5, United States Code. 
(d) USE
OF COMMODITY CREDIT CORPORATION; 
LIMITATION.—In implementing sections 3101 and 3102, 
the Secretary of Agriculture may use the facilities, serv-
ices, and authorities of the Commodity Credit Corpora-
tion. The Corporation shall not make any expenditures to 
carry out sections 3101 and 3102 unless funds have been 
specifically appropriated for such purpose. 
SEC. 3107. MILK INCOME LOSS CONTRACT PROGRAM. 
Notwithstanding subsections (c)(3), (f), and (g) of 
section 1502 of the Farm Security and Rural Investment 
Act of 2002 (7 U.S.C. 7982), there is hereby appropriated 
$283,000,000, to remain available until expended, for pay-
ments under such section, using the payment rate speci-
fied in subsection (c)(3)(B) of such section, from Sep-
tember 1, 2007, through September 30, 2008. Of such 
amount, $252,000,000 shall be available only on or after
118
September 30, 2007, and only so long as an Act to provide 
for the continuation of agricultural programs for fiscal 
years after 2007, including such section 1502, is not en-
acted. 
SEC. 3108. PEANUT STORAGE COSTS. 
Notwithstanding subsection (a)(6) of section 1307 of 
the Farm Security and Rural Investment Act of 2002 (7 
U.S.C. 7957), there is hereby appropriated $74,000,000, 
to remain available until expended, for the payment of 
storage, handling, and other associated costs for the 2007 
crop of peanuts to ensure proper storage of peanuts for 
which a loan is made under such section. Of such amount, 
$74,000,000 shall be available only on or after September 
30, 2007, and only so long as an Act to provide for the 
continuation of agricultural programs for fiscal years after 
2007, including such section 1307, is not enacted. 
SEC. 3109. LOSSES DUE TO APHIS EMERGENCY ORDER. 
There is hereby appropriated to the Secretary of Ag-
riculture $5,000,000, to remain available until expended, 
to provide compensation to aquaculture operations and 
other persons in the United States engaged in the business 
of breeding, rearing, or transporting live fish to cover all 
or a portion of the economic losses incurred by the oper-
ation or person as a result of the emergency order issued 
by the Animal and Plant Health Inspection Service on Oc-
119
tober 24, 2006, prohibiting the importation of specified 
species of live fish from Ontario and Quebec, Canada, and 
the interstate movement of these same species of fish from 
New York, Pennsylvania, Ohio, Michigan, Indiana, Illi-
nois, Minnesota, or Wisconsin due to outbreaks of viral 
hemorrhagic septicemia. The operation or person seeking 
compensation shall be required to document to the satis-
faction of the Secretary the economic losses so incurred 
as a result of the emergency order. 
SEC. 3110. EMERGENCY DESIGNATION. 
The amounts provided in this title are designated as 
an emergency requirement 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 IV—OTHER MATTERS 
CHAPTER 1
DEPARTMENT OF AGRICULTURE 
FARM SERVICE AGENCY 
SALARIES AND EXPENSES 
For an additional amount for ‘‘Salaries and Ex-
penses’’, $48,000,000. 
GENERAL PROVISIONS—THIS CHAPTER 
SEC. 4101. Of the funds made available through ap-
propriations to the Food and Drug Administration for fis-
120
cal year 2007, not less than $4,000,000 shall be for the 
Office of Women’s Health of such Administration. 
SEC. 4102. None of the funds made available to the 
Department of Agriculture for fiscal year 2007 may be 
used for a risk-based inspection program for poultry or 
meat unless the Secretary of Agriculture considers such 
program to be a rule under chapter 5 of title 5, United 
States Code.
CHAPTER 2
DEPARTMENT OF COMMERCE 
NATIONAL OCEANIC AND ATMOSPHERIC 
ADMINISTRATION 
OPERATIONS, RESEARCH, AND FACILITIES 
For an additional amount for ‘‘Operations, Research, 
and Facilities’’, National Marine Fisheries Service, 
$60,400,000, to remain available until September 30, 
2008: Provided, That the National Marine Fisheries Serv-
ice shall cause such amounts to be distributed among fish-
ing communities, Indian tribes, individuals, small busi-
nesses, including fishermen, fish processors, and related 
businesses, and other persons for assistance to mitigate 
the economic and other social effects caused by the com-
mercial fishery failure as determined by the Secretary on 
August 10, 2006: Provided further, That the amount pro-
vided under this heading is designated as an emergency
121
requirement 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). 
CHAPTER 3
SEC. 4301. (a) Section 102(a)(3)(B) of the Help 
America Vote Act of 2002 (42 U.S.C. 15302(a)(3)(B)) is 
amended by striking ‘‘January 1, 2006’’ and inserting 
‘‘January 1, 2008’’. 
(b) The amendment made by subsection (a) shall take 
effect as if included in the enactment of the Help America 
Vote Act of 2002. 
CHAPTER 4
DEPARTMENT OF HOMELAND SECURITY 
GENERAL PROVISIONS 
(RESCISSION) 
SEC. 4401. Of the unobligated balances made avail-
able pursuant to section 505 of Public Law 109–90, 
$89,800,000 are rescinded. 
SEC. 4402. The last two provisos under the heading 
‘‘Department of Homeland Security, Customs and Border 
Protection—Salaries and Expenses’’ in Public Law 109–
90 shall remain in effect through September 30, 2007.
122
SEC. 4403. (a) IN GENERAL.—Any contract, sub-
contract, or task order described in subsection (b) shall 
contain the following: 
(1) A requirement for a technical review of all 
designs, design changes, and engineering change 
proposals, and a requirement to specifically address 
all engineering concerns identified in the review be-
fore the obligation of further funds may occur. 
(2) A requirement that the Coast Guard main-
tain technical warrant holder authority, or the equiv-
alent, for major assets. 
(3) A requirement for independent cost esti-
mates of major changes. 
(4) A requirement for measurement of con-
tractor and subcontractor performance based on the 
status of all work performed. 
(b) CONTRACTS, SUBCONTRACTS, AND TASK ORDERS 
COVERED.—Subsection (a) applies to—
(1) any major procurement contract entered 
into by the Coast Guard; 
(2) any subcontract entered into under such a 
contract; and 
(3) any task order issued pursuant to such a 
contract or subcontract.
123
(c) PLAN
FOR
EXPENDITURE
OF
DEEPWATER 
FUNDS.—The funds appropriated in Public Law 109–295 
for the Integrated Deepwater Systems program may not 
be obligated until the Committees on Appropriations of the 
Senate and the House of Representatives receive and ap-
prove a plan for expenditure that—
(1) defines activities, milestones, yearly costs, 
and lifecycle costs for each procurement of a major 
asset, including an independent cost estimate for 
each; 
(2) identifies lifecycle staffing and training 
needs of Coast Guard project managers and of pro-
curement and contract staff; 
(3) identifies all Integrated Product Teams that 
are not chaired by Coast Guard personnel and ex-
plains why the Coast Guard does not chair; 
(4) identifies competition to be conducted in 
each procurement; 
(5) does not rely on a single industry entity or 
contract; 
(6) contains very limited indefinite delivery/in-
definite quantity contracts and explains the need for 
any indefinite delivery/indefinite quantity contracts; 
(7) complies with all applicable acquisition 
rules, requirements, and guidelines, and incorporates
124
the best systems acquisition management practices 
of the Federal Government; 
(8) complies with the capital planning and in-
vestment control requirements established by the Of-
fice of Management and Budget, including circular 
A–11, part 7; 
(9) includes a certification by the Chief Pro-
curement Officer of the Department of Homeland 
Security that the Coast Guard has established suffi-
cient controls and procedures to comply with all con-
tracting requirements and that any apparent con-
flicts of interest have been sufficiently addressed; 
(10) includes a description of the process used 
to act upon deviations from the contractually speci-
fied performance requirements and clearly explains 
the actions taken on such deviations; and 
(11) is reviewed by the Government Account-
ability Office. 
SEC. 4404. (a) IN GENERAL.—With respect to con-
tracts entered into after May 1, 2007, and except as pro-
vided in subsection (b), no entity performing lead system 
integrator functions in the acquisition of a major system 
by the Department of Homeland Security may have any 
direct financial interest in the development or construction
125
of any individual system or element of any system of sys-
tems. 
(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 cer-
tifies to the Committees on Appropriations of the 
Senate and the House of Representatives and the 
House Committee on Homeland Security that—
(A) the entity was selected by the Depart-
ment of Homeland Security as a contractor to 
develop or construct the system or element con-
cerned through the use of competitive proce-
dures; 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
126
individual systems or elements of a system of systems with 
each other. 
(d) REGULATIONS UPDATE.—Not later than May 1, 
2007, the Secretary of Homeland Security shall update 
the acquisition regulations of the Department of Home-
land 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 
Department 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, field-
ing, and sustainment of complex systems. 
CHAPTER 5
DEPARTMENT OF THE INTERIOR 
BUREAU OF LAND MANAGEMENT 
WILDLAND FIRE MANAGEMENT 
(INCLUDING TRANSFER OF FUNDS) 
For an additional amount for ‘‘Wildland Fire Man-
agement’’, $100,000,000, to remain available until ex-
pended, for urgent wildland fire suppression activities: 
Provided, That such funds shall only become available if 
funds previously provided for wildland fire suppression will 
be exhausted imminently and the Secretary of the Interior 
notifies the House and Senate Committees on Appropria-
127
tions in writing of the need for these additional funds: Pro-
vided further, That such funds are also available for repay-
ment to other appropriation accounts from which funds 
were transferred for wildfire suppression: Provided further, 
That the amount provided under this heading is des-
ignated as an emergency requirement pursuant to section 
501 of H. Con. Res. 376 (109th Congress), as made appli-
cable to the House of Representatives by section 511(a)(4) 
of H. Res. 6 (110th Congress). 
UNITED STATES FISH AND WILDLIFE SERVICE 
RESOURCE MANAGEMENT 
For an additional amount for ‘‘Resource Manage-
ment’’ for the detection of highly pathogenic avian influ-
enza in wild birds, including the investigation of morbidity 
and mortality events, targeted surveillance in live wild 
birds, and targeted surveillance in hunter-taken birds, 
$7,398,000, to remain available until September 30, 2008. 
NATIONAL PARK SERVICE 
OPERATION OF THE NATIONAL PARK SYSTEM 
For an additional amount for ‘‘Operation of the Na-
tional Park System’’ for the detection of highly pathogenic 
avian influenza in wild birds, including the investigation 
of morbidity and mortality events, $525,000, to remain 
available until September 30, 2008.
128
U.S. GEOLOGICAL SURVEY 
SURVEYS, INVESTIGATIONS, AND RESEARCH 
For an additional amount for ‘‘Surveys, Investiga-
tions, and Research’’ for the detection of highly patho-
genic avian influenza in wild birds, including the investiga-
tion of morbidity and mortality events, targeted surveil-
lance in live wild birds, and targeted surveillance in 
hunter-taken birds, $5,270,000, to remain available until 
September 30, 2008. 
DEPARTMENT OF AGRICULTURE 
FOREST SERVICE 
WILDLAND FIRE MANAGEMENT 
(INCLUDING TRANSFER OF FUNDS) 
For an additional amount for ‘‘Wildland Fire Man-
agement’’, $400,000,000, to remain available until ex-
pended, for urgent wildland fire suppression activities: 
Provided, That such funds shall only become available if 
funds provided previously for wildland fire suppression will 
be exhausted imminently and the Secretary of Agriculture 
notifies the House and Senate Committees on Appropria-
tions in writing of the need for these additional funds: Pro-
vided further, That such funds are also available for repay-
ment to other appropriation accounts from which funds 
were transferred for wildfire suppression: Provided further, 
That the amount provided under this heading is des-
ignated as an emergency requirement pursuant to section
129
501 of H. Con. Res. 376 (109th Congress), as made appli-
cable to the House of Representatives by section 511(a)(4) 
of H. Res. 6 (110th Congress). 
GENERAL PROVISIONS—THIS CHAPTER 
SEC. 4501. There is appropriated not to exceed 
$400,000,000 to the Department of Agriculture, to be 
used for one-time payments to be allocated, to the max-
imum extent practicable, in the same amounts and in the 
same manner as were paid to States and others in 2006 
under the Secure Rural Schools and Community Self-De-
termination Act of 2000 (Public Law 106–393; 16 U.S.C. 
500 note): Provided, That the amount provided under this 
heading is designated as an emergency requirement pursu-
ant to section 501 of H. Con. Res. 376 (109th Congress), 
as made applicable to the House of Representatives by sec-
tion 511(a)(4) of H. Res. 6 (110th Congress). 
SEC. 4502. Section 20515 of the Continuing Appro-
priations 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 
$9,019,000 shall be available, in addition to amounts oth-
erwise available, for contract support costs’’. 
SEC. 4503. Section 20512 of the Continuing Appro-
priations Resolution, 2007 (division B of Public Law 109–
289, as amended by Public Law 110–5) is amended by
130
inserting after the first dollar amount: ‘‘, of which, not 
to exceed $5,000,000 shall be available, in addition to 
amounts otherwise available, for contract support costs; 
and of which, not to exceed $7,300,000 may be trans-
ferred to the ‘Indian Health Facilities’ account,’’. 
SEC. 4504. Section 20501 of the Continuing Appro-
priations Resolution, 2007 (division B of Public Law 109–
289, as amended by Public Law 110–5) is amended by 
inserting after $55,663,000 ‘‘of which $13,000,000 shall 
be for Save America’s Treasures’’.
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 Appro-
priations Resolution, 2007 (division B of Public Law 109–
289, as amended by Public Law 110–5) for ‘‘National In-
stitute 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 ad-
vanced research and development as provided by section 
319L of the Public Health Service Act.
131
ADMINISTRATION FOR CHILDREN AND FAMILIES 
LOW-INCOME HOME ENERGY ASSISTANCE 
For an additional amount to make payments under 
section 2604(a)–(d) of the Low-Income Home Energy As-
sistance 
Act 
of 
1981 
(42 
U.S.C. 
8623(a)–(d)), 
$200,000,000: Provided, That grantees may obligate the 
funds made available by this paragraph through Sep-
tember 30, 2008, to meet the home energy assistance 
needs arising from an emergency as defined in section 
2603(1) of such Act (42 U.S.C. 8622(1)) or for energy 
crisis intervention under section 2604(c) of such Act (42 
U.S.C. 8623(c)) except that, in carrying out this para-
graph, the Governor of a State (or equivalent authority 
in the case of grantee other than a State) shall be treated 
as the Secretary for purposes of such section 2603(1): 
Provided further, That the amount provided by this para-
graph is designated as an emergency requirement pursu-
ant to section 501 of H. Con. Res. 376 (109th Congress), 
as made applicable to the House of Representatives by sec-
tion 511(a)(4) of H. Res. 6 (110th Congress). 
For an additional amount to make payments under 
section 2604(e) of the Low-Income Home Energy Assist-
ance Act of 1981 (42 U.S.C. 8623(e)), $200,000,000: Pro-
vided, That the amount provided by this paragraph is des-
ignated as an emergency requirement pursuant to section
132
501 of H. Con. Res. 376 (109th Congress), as made appli-
cable to the House of Representatives by section 511(a)(4) 
of H. Res. 6 (110th Congress). 
OFFICE OF THE SECRETARY 
PUBLIC HEALTH AND SOCIAL SERVICES EMERGENCY 
FUND 
(INCLUDING TRANSFER OF FUNDS) 
For an additional amount for ‘‘Public Health and So-
cial Services Emergency Fund’’ to prepare for and re-
spond to an influenza pandemic, $969,650,000 to remain 
available until expended: Provided, That $870,000,000 
shall be for activities including the development and pur-
chase of vaccine, antivirals, necessary medical supplies, 
diagnostics, and other surveillance tools: Provided further, 
That products purchased with these funds may, at the dis-
cretion of the Secretary of Health and Human Services, 
be deposited in the Strategic National Stockpile: Provided 
further, That notwithstanding section 496(b) of the Public 
Health Service Act, funds may be used for the construc-
tion or renovation of privately owned facilities for the pro-
duction of pandemic vaccine and other biologicals, where 
the Secretary finds such a contract necessary to secure 
sufficient supplies of such vaccines or biologicals: Provided 
further, That funds appropriated herein may be trans-
ferred to other appropriation accounts of the Department 
of Health and Human Services, as determined by the Sec-
133
retary to be appropriate, to be used for the purposes speci-
fied in this sentence: Provided further, That not less than 
$34,650,000 shall be for the Centers for Disease Control 
and Prevention for laboratory diagnostics and analytical 
capabilities: Provided further, That the amount provided 
under this heading is designated as an emergency require-
ment pursuant to section 501 of H. Con. Res. 376 (109th 
Congress), as made applicable to the House of Representa-
tives by section 511(a)(4) of H. Res. 6 (110th Congress). 
COVERED COUNTERMEASURE PROCESS FUND 
For carrying out section 319F–4 of the Public Health 
Service Act (42 U.S.C. 247d–6e) to compensate individ-
uals for injuries caused by H5N1 vaccine, in accordance 
with the declaration regarding avian influenza viruses 
issued by the Secretary of Health and Human Services 
on January 26, 2007, pursuant to section 319F–3(b) of 
such Act (42 U.S.C. 247d–6d(b)), $50,000,000 to remain 
available until expended: Provided, That the amount pro-
vided under this heading is designated as an emergency 
requirement 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).
134
GENERAL PROVISIONS—THIS CHAPTER 
(INCLUDING TRANSFER OF FUNDS) 
SEC. 4601. Section 20602 of the Continuing Appro-
priations Resolution, 2007 (division B of Public Law 109–
289, as amended by Public Law 110–5) is amended by 
striking ‘‘of which no less than $5,000,000 shall be’’ and 
inserting the following: ‘‘of which $7,500,000 (together 
with an additional $7,000,000 which shall be transferred 
by the Pension Benefit Guaranty Corporation as an au-
thorized administrative cost) shall be available when need-
ed through September 30, 2008,’’. 
SEC. 4602. Section 20608(a) of the Continuing Ap-
propriations Resolution, 2007 (division B of Public Law 
109–289, as amended by Public Law 110–5) is amended 
by inserting ‘‘and which shall be available for obligation 
by the States through December 31, 2007,’’ after ‘‘Public 
Law 103–353,’’. 
SEC. 4603. 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 fol-
lows: ‘‘(A) $5,454,824,000 shall be for basic grants
135
under section 1124 of the Elementary and Sec-
ondary 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 fol-
lows: ‘‘(C) not to exceed $2,352,000 may be avail-
able for section 1608 of the ESEA and for a clear-
inghouse on comprehensive school reform under part 
D of title V of the ESEA;’’. 
SEC. 4604. The provision in the first proviso under 
the heading ‘‘Rehabilitation Services and Disability Re-
search’’ in the Department of Education Appropriations 
Act, 2006, relating to alternative financing programs 
under section 4(b)(2)(D) of the Assistive Technology Act 
of 1998 shall not apply to funds appropriated by the Con-
tinuing Appropriations Resolution, 2007. 
CHAPTER 7
LEGISLATIVE BRANCH 
PAYMENT TO WIDOWS AND HEIRS OF 
DECEASED MEMBERS OF CONGRESS 
For payment to Gloria W. Norwood, widow of Charles 
W. Norwood, Jr., late a Representative from the State of 
Georgia, $165,200.
136
ARCHITECT OF THE CAPITOL 
CAPITOL POWER PLANT 
For an additional amount for ‘‘Capitol Power Plant’’, 
$50,000,000, for asbestos abatement and other improve-
ments, to remain available until September 30, 2011: Pro-
vided, That the amount provided under this heading is 
designated as an emergency requirement pursuant to sec-
tion 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). 
CHAPTER 8
DEPARTMENT OF STATE 
INTERNATIONAL COMMISSIONS 
INTERNATIONAL BOUNDARY AND WATER COMMISSION, 
UNITED STATES AND MEXICO 
CONSTRUCTION 
For an additional amount for ‘‘International Bound-
ary and Water Commission, United States and Mexico, 
Construction’’, $10,000,000, to remain available until ex-
pended, as authorized. 
GENERAL PROVISIONS—THIS CHAPTER 
SEC. 4801. (a) MIDDLE EAST FOUNDATION.—Sec-
tion 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 in-
serting after ‘‘subsection (b) of that section’’ the following:
137
‘‘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’’. 
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 Con-
sular 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. 
SEC. 4803. Amounts appropriated for fiscal year 
2007 for ‘‘Bilateral Economic Assistance—Department of 
the Treasury—Debt Restructuring’’ may be used to assist 
Liberia in retiring its debt arrearages to the International 
Monetary Fund, the International Bank for Reconstruc-
tion and Development, and the African Development 
Bank. 
CHAPTER 9
SEC. 4901. Funds provided for the ‘‘National Trans-
portation Safety Board, Salaries and Expenses’’ in section 
21031 of the Continuing Appropriations Resolution, 2007
138
(division B of Public Law 109–289, as amended by Public 
Law 110–5) include amounts necessary to make lease pay-
ments due in fiscal year 2007 on an obligation incurred 
in 2001 under a capital lease. 
SEC. 4902. Section 21033 of the Continuing Appro-
priations 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 car-
ryover, remaining from funds appropriated to the Depart-
ment 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 para-
graph (3) under such heading in Public Law 109–115 
(119 Stat. 2441) shall be funded at $47,500,000: Pro-
vided 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
139
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 agencies 
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. 4903. Section 21033 of the Continuing Appro-
priations Resolution, 2007 (division B of Public Law 109–
289, as amended by Public Law 110–5) is amended (prior 
to amendment by the preceding section of this chapter) 
by adding after the third proviso: ‘‘: Provided further, That 
notwithstanding the previous proviso, except for applying 
the 2007 Annual Adjustment Factor and making any 
other specified adjustments, public housing agencies in the 
following categories shall receive renewal funding for cal-
endar year 2007 equal to the amounts, prior to prorations, 
such public housing agencies were eligible to receive in cal-
endar year 2006, prorated at the calendar year 2006 rate: 
(1) public housing agencies that would receive less funding 
under the previous proviso than they would receive under
140
this proviso and that are located in any area declared a 
major disaster under the Robert T. Stafford Disaster Re-
lief and Emergency Act (42 U.S.C. 1521 et seq.) with re-
spect to hurricanes that occurred in calendar years 2004 
and 2005; (2) public housing agencies participating in the 
Moving to Work Demonstration; (3) public housing agen-
cies that, during calendar year 2007 but prior to June 
1, 2007, are in receivership, or the Department of Hous-
ing and Urban Development has declared to be in breach 
of an Annual Contributions Contract; or (4) public hous-
ing agencies that overspent their allocation for calendar 
year 2006 and available housing assistance payments bal-
ance from calendar year 2005’’. 
SEC. 4904. Chapter 10 of title II 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 section 21041 the following 
new section: 
‘‘SEC. 21041A. The provisions under the heading 
‘Department of Housing and Urban Development, Office 
of Federal Housing Enterprise Oversight, Salaries and 
Expenses’ in title III of division A of Public Law 109–
115 shall be applied to funds appropriated by this division 
by substituting ‘$67,568,000’ for ‘$60,000,000’.’’.
141
SEC. 4905. Section 21033 of the Continuing Appro-
priations Resolution, 2007 (division B of Public Law 109–
289, as amended by Public Law 110–5) is amended (prior 
to amendment by the preceding sections of this chapter) 
by striking the sixth proviso. 
SEC. 4906. 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: 
‘‘(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 Responsi-
bility 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 subparagraphs (C) and (D) of such sec-
tion shall not apply to such extensions or renewals.’’.
142
GENERAL PROVISION—THIS ACT 
SEC. 4910. No part of any appropriation contained 
in this Act shall remain available for obligation beyond 
the current fiscal year unless expressly so provided herein.
TITLE V—CONTRACTING REFORM 
SEC. 5001. MINIMIZING SOLE-SOURCE CONTRACTS. 
(a) PLANS REQUIRED.—Subject to subsection (c), 
the head of each executive agency covered by title III of 
the Federal Property and Administrative Services Act of 
1949 (41 U.S.C. 251 et seq.) and the head of each agency 
covered by chapter 137 of title 10, United States Code, 
shall develop and implement a plan to minimize the use 
of contracts entered into using procedures other than com-
petitive procedures by the agency concerned. The plan 
shall contain measurable goals and shall be completed and 
submitted to the Committee on Oversight and Government 
Reform of the House of Representatives and the Com-
mittee on Homeland Security and Governmental Affairs 
of the Senate, the Committees on Appropriations of the 
House of Representatives and the Senate, with a copy pro-
vided to the Comptroller General, not later than 1 year 
after the date of the enactment of this Act. 
(b) COMPTROLLER GENERAL REVIEW.—The Comp-
troller General shall review the plans provided under sub-
section (a) and submit a report to Congress on the plans
143
not later than 18 months after the date of the enactment 
of this Act. 
(c) REQUIREMENT LIMITED
TO CERTAIN AGEN-
CIES.—The requirement of subsection (a) shall apply only 
to those agencies that awarded contracts in a total amount 
of at least $1,000,000,000 in the fiscal year preceding the 
fiscal year in which the report is submitted. 
SEC. 5002. MINIMIZING COST-REIMBURSEMENT TYPE CON-
TRACTS. 
(a) PLANS REQUIRED.—Subject to subsection (c), 
the head of each executive agency covered by title III of 
the Federal Property and Administrative Services Act of 
1949 (41 U.S.C. 251 et seq.) and the head of each agency 
covered by chapter 137 of title 10, United States Code, 
shall develop and implement a plan to minimize the use 
of cost-reimbursement type contracts by the agency con-
cerned. The plan shall contain measurable goals and shall 
be completed and submitted to the Committee on Over-
sight and Government Reform of the House of Represent-
atives and the Committee on Homeland Security and Gov-
ernmental Affairs of the Senate, the Committees on Ap-
propriations of the House of Representatives and the Sen-
ate, with a copy provided to the Comptroller General, not 
later than 1 year after the date of the enactment of this 
Act.
144
(b) COMPTROLLER GENERAL REVIEW.—The Comp-
troller General shall review the plans provided under sub-
section (a) and submit a report to Congress on the plans 
not later than 18 months after the date of the enactment 
of this Act. 
(c) REQUIREMENT LIMITED
TO CERTAIN AGEN-
CIES.—The requirement of subsection (a) shall apply only 
to those agencies that awarded contracts in a total amount 
of at least $1,000,000,000 in the fiscal year preceding the 
fiscal year in which the report is submitted. 
SEC. 5003. PUBLIC DISCLOSURE OF JUSTIFICATION AND 
APPROVAL DOCUMENTS FOR NONCOMPETI-
TIVE CONTRACTS. 
(a) CIVILIAN AGENCY CONTRACTS.—Section 303 of 
the Federal Property and Administrative Services Act of 
1949 (41 U.S.C. 253) is amended by adding at the end 
the following new subsection: 
‘‘(j)(1) In the case of a procurement permitted by 
subsection (c), the head of an executive agency shall make 
publicly available, within 14 days after the award of the 
contract, the documents containing the justification and 
approval required by subsection (f)(1) with respect to the 
procurement.
145
‘‘(2) The documents shall be made available on the 
website of the agency and through the Federal Procure-
ment Data System. 
‘‘(3) This subsection does not require the public avail-
ability of information that is exempt from public disclosure 
under section 552(b) of title 5, United States Code.’’. 
(b) DEFENSE AGENCY CONTRACTS.—Section 2304 
of title 10, United States Code, is amended by adding at 
the end the following new subsection: 
‘‘(l)(1) In the case of a procurement permitted by 
subsection (c), the head of an agency shall make publicly 
available, within 14 days after the award of the contract, 
the documents containing the justification and approval 
required by subsection (f)(1) with respect to the procure-
ment. 
‘‘(2) The documents shall be made available on the 
website of the agency and through the Federal Procure-
ment Data System. 
‘‘(3) This subsection does not require the public avail-
ability of information that is exempt from public disclosure 
under section 552(b) of title 5, United States Code.’’. 
SEC. 5004. DISCLOSURE OF GOVERNMENT CONTRACTOR 
OVERCHARGES. 
(a) QUARTERLY REPORT TO CONGRESS.—
146
(1) The head of each Federal agency or depart-
ment shall submit to the chairman and ranking 
member of each committee specified in paragraph 
(2) on a quarterly basis a report that includes the 
following: 
(A) A list of audits or other reports issued 
during the applicable quarter that describe con-
tractor costs in excess of $1,000,000 that have 
been identified as unjustified, unsupported, 
questioned, or unreasonable under any contract, 
task or delivery order, or subcontract. 
(B) The specific amounts of costs identi-
fied as unjustified, unsupported, questioned, or 
unreasonable and the percentage of their total 
value of the contract, task or delivery order, or 
subcontract. 
(C) A list of audits or other reports issued 
during the applicable quarter that identify sig-
nificant or substantial deficiencies in the per-
formance of any contractor or in any business 
system of any contractor under any contract, 
task or delivery order, or subcontract. 
(2) The report described in paragraph (1) shall 
be submitted to the Committee on Oversight and 
Government Reform of the House of Representa-