Pl 109

PUBLIC LAW 109–432—DEC. 20, 2006

TAX RELIEF AND HEALTH CARE ACT OF 2006

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120 STAT. 2922

PUBLIC LAW 109–432—DEC. 20, 2006

Public Law 109–432
109th Congress
An Act
Dec. 20, 2006
[H.R. 6111]
Tax Relief and
Health Care Act
of 2006.
26 USC 1 note.

To amend the Internal Revenue Code of 1986 to extend expiring provisions, and
for other purposes.

Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE, ETC.

(a) SHORT TITLE.—This Act may be cited as the ‘‘Tax Relief
and Health Care Act of 2006’’.
(b) TABLE OF CONTENTS.—The table of contents for this Act
is as follows:
Sec. 1. Short title, etc.
DIVISION A—EXTENSION AND EXPANSION OF CERTAIN TAX RELIEF
PROVISIONS, AND OTHER TAX PROVISIONS
Sec. 100. Reference.
TITLE I—EXTENSION AND MODIFICATION OF CERTAIN PROVISIONS
101. Deduction for qualified tuition and related expenses.
102. Extension and modification of new markets tax credit.
103. Election to deduct State and local general sales taxes.
104. Extension and modification of research credit.
105. Work opportunity tax credit and welfare-to-work credit.
106. Election to include combat pay as earned income for purposes of earned
income credit.
Sec. 107. Extension and modification of qualified zone academy bonds.
Sec. 108. Above-the-line deduction for certain expenses of elementary and secondary school teachers.
Sec. 109. Extension and expansion of expensing of brownfields remediation costs.
Sec. 110. Tax incentives for investment in the District of Columbia.
Sec. 111. Indian employment tax credit.
Sec. 112. Accelerated depreciation for business property on Indian reservations.
Sec. 113. Fifteen-year straight-line cost recovery for qualified leasehold improvements and qualified restaurant property.
Sec. 114. Cover over of tax on distilled spirits.
Sec. 115. Parity in application of certain limits to mental health benefits.
Sec. 116. Corporate donations of scientific property used for research and of computer technology and equipment.
Sec. 117. Availability of medical savings accounts.
Sec. 118. Taxable income limit on percentage depletion for oil and natural gas produced from marginal properties.
Sec. 119. American Samoa economic development credit.
Sec. 120. Extension of bonus depreciation for certain qualified Gulf Opportunity
Zone property.
Sec. 121. Authority for undercover operations.
Sec. 122. Disclosures of certain tax return information.
Sec. 123. Special rule for elections under expired provisions.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.

TITLE II—ENERGY TAX PROVISIONS
Sec. 201. Credit for electricity produced from certain renewable resources.
Sec. 202. Credit to holders of clean renewable energy bonds.
Sec. 203. Performance standards for sulfur dioxide removal in advanced coal-based
generation technology units designed to use subbituminous coal.

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PUBLIC LAW 109–432—DEC. 20, 2006
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.

120 STAT. 2923

204.
205.
206.
207.
208.
209.

Deduction for energy efficient commercial buildings.
Credit for new energy efficient homes.
Credit for residential energy efficient property.
Energy credit.
Special rule for qualified methanol or ethanol fuel.
Special depreciation allowance for cellulosic biomass ethanol plant property.
Sec. 210. Expenditures permitted from the Leaking Underground Storage Tank
Trust Fund.
Sec. 211. Treatment of coke and coke gas.
TITLE III—HEALTH SAVINGS ACCOUNTS
Short title.
FSA and HRA terminations to fund HSAs.
Repeal of annual deductible limitation on HSA contributions.
Modification of cost-of-living adjustment.
Contribution limitation not reduced for part-year coverage.
Exception to requirement for employers to make comparable health savings account contributions.
Sec. 307. One-time distribution from individual retirement plans to fund HSAs.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.

301.
302.
303.
304.
305.
306.

TITLE IV—OTHER PROVISIONS
Sec. 401. Deduction allowable with respect to income attributable to domestic production activities in Puerto Rico.
Sec. 402. Credit for prior year minimum tax liability made refundable after period
of years.
Sec. 403. Returns required in connection with certain options.
Sec. 404. Partial expensing for advanced mine safety equipment.
Sec. 405. Mine rescue team training tax credit.
Sec. 406. Whistleblower reforms.
Sec. 407. Frivolous tax submissions.
Sec. 408. Addition of meningococcal and human papillomavirus vaccines to list of
taxable vaccines.
Sec. 409. Clarification of taxation of certain settlement funds made permanent.
Sec. 410. Modification of active business definition under section 355 made permanent.
Sec. 411. Revision of State veterans limit made permanent.
Sec. 412. Capital gains treatment for certain self-created musical works made permanent.
Sec. 413. Reduction in minimum vessel tonnage which qualifies for tonnage tax
made permanent.
Sec. 414. Modification of special arbitrage rule for certain funds made permanent.
Sec. 415. Great Lakes domestic shipping to not disqualify vessel from tonnage tax.
Sec. 416. Use of qualified mortgage bonds to finance residences for veterans without regard to first-time homebuyer requirement.
Sec. 417. Exclusion of gain from sale of a principal residence by certain employees
of the intelligence community.
Sec. 418. Sale of property by judicial officers.
Sec. 419. Premiums for mortgage insurance.
Sec. 420. Modification of refunds for kerosene used in aviation.
Sec. 421. Regional income tax agencies treated as States for purposes of confidentiality and disclosure requirements.
Sec. 422. Designation of wines by semi-generic names.
Sec. 423. Modification of railroad track maintenance credit.
Sec. 424. Modification of excise tax on unrelated business taxable income of charitable remainder trusts.
Sec. 425. Loans to qualified continuing care facilities made permanent.
Sec. 426. Technical corrections.
DIVISION B—MEDICARE AND OTHER HEALTH PROVISIONS
Sec. 1. Short title of division.
TITLE I—MEDICARE IMPROVED QUALITY AND PROVIDER PAYMENTS
Sec. 101. Physician payment and quality improvement.
Sec. 102. Extension of floor on Medicare work geographic adjustment.
Sec. 103. Update to the composite rate component of the basic case-mix adjusted
prospective payment system for dialysis services.
Sec. 104. Extension of treatment of certain physician pathology services under
Medicare.
Sec. 105. Extension of Medicare reasonable costs payments for certain clinical diagnostic laboratory tests furnished to hospital patients in certain rural
areas.

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120 STAT. 2924

PUBLIC LAW 109–432—DEC. 20, 2006

Sec.
Sec.
Sec.
Sec.

106.
107.
108.
109.

Hospital Medicare reports and clarifications.
Payment for brachytherapy.
Payment process under the competitive acquisition program (CAP).
Quality reporting for hospital outpatient services and ambulatory surgical
center services.
Sec. 110. Reporting of anemia quality indicators for Medicare part B cancer antianemia drugs.
Sec. 111. Clarification of hospice satellite designation.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.

201.
202.
203.
204.
205.
206.

TITLE II—MEDICARE BENEFICIARY PROTECTIONS
Extension of exceptions process for Medicare therapy caps.
Payment for administration of part D vaccines.
OIG study of never events.
Medicare medical home demonstration project.
Medicare DRA technical corrections.
Limited continuous open enrollment of original medicare fee-for-service
enrollees into Medicare Advantage non-prescription drug plans.

TITLE III—MEDICARE PROGRAM INTEGRITY EFFORTS
Sec. 301. Offsetting adjustment in Medicare Advantage Stabilization Fund.
Sec. 302. Extension and expansion of recovery audit contractor program under the
Medicare Integrity Program.
Sec. 303. Funding for the Health Care Fraud and Abuse Control Account.
Sec. 304. Implementation funding.
TITLE IV—MEDICAID AND OTHER HEALTH PROVISIONS
Sec. 401. Extension of Transitional Medical Assistance (TMA) and abstinence education program.
Sec. 402. Grants for research on vaccine against Valley Fever.
Sec. 403. Change in threshold for Medicaid indirect hold harmless provision of
broad-based health care taxes.
Sec. 404. DSH allotments for fiscal year 2007 for Tennessee and Hawaii.
Sec. 405. Certain Medicaid DRA technical corrections.
DIVISION C—OTHER PROVISIONS
TITLE I—GULF OF MEXICO ENERGY SECURITY
Sec. 101. Short title.
Sec. 102. Definitions.
Sec. 103. Offshore oil and gas leasing in 181 Area and 181 south Area of Gulf of
Mexico.
Sec. 104. Moratorium on oil and gas leasing in certain areas of Gulf of Mexico.
Sec. 105. Disposition of qualified outer Continental Shelf revenues from 181 Area,
181 south Area, and 2002–2007 planning areas of Gulf of Mexico.
TITLE II—SURFACE MINING CONTROL AND RECLAMATION ACT
AMENDMENTS OF 2006
Sec. 200. Short title.
Subtitle A—Mining Control and Reclamation
Abandoned Mine Reclamation Fund and purposes.
Reclamation fee.
Objectives of Fund.
Reclamation of rural land.
Liens.
Certification.
Remining incentives.
Extension of limitation on application of prohibition on issuance of permit.
Sec. 209. Tribal regulation of surface coal mining and reclamation operations.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.

201.
202.
203.
204.
205.
206.
207.
208.

Subtitle B—Coal Industry Retiree Health Benefit Act
Sec. 211. Certain related persons and successors in interest relieved of liability if
premiums prepaid.
Sec. 212. Transfers to funds; premium relief.
Sec. 213. Other provisions.
TITLE III—WHITE PINE COUNTY CONSERVATION, RECREATION, AND
DEVELOPMENT
Sec. 301. Authorization of appropriations.

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PUBLIC LAW 109–432—DEC. 20, 2006

120 STAT. 2925

Sec. 302. Short title.
Sec. 303. Definitions.
Subtitle A—Land Disposal
Sec. 311. Conveyance of White Pine County, Nevada, land.
Sec. 312. Disposition of proceeds.
Subtitle B—Wilderness Areas
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.

321.
322.
323.
324.
325.
326.
327.
328.
329.
330.
331.

Short title.
Findings.
Additions to National Wilderness Preservation System.
Administration.
Adjacent management.
Military overflights.
Native American cultural and religious uses.
Release of wilderness study areas.
Wildlife management.
Wildfire, insect, and disease management.
Climatological data collection.

Sec.
Sec.
Sec.
Sec.

341.
342.
343.
344.

Transfer to the United States Fish and Wildlife Service.
Transfer to the Bureau of Land Management.
Transfer to the Forest Service.
Availability of map and legal descriptions.

Subtitle C—Transfers of Administrative Jurisdiction

Subtitle D—Public Conveyances
Sec. 351. Conveyance to the State of Nevada.
Sec. 352. Conveyance to White Pine County, Nevada.
Subtitle E—Silver State Off-Highway Vehicle Trail
Sec. 355. Silver State off-highway vehicle trail.
Subtitle F—Transfer of Land to Be Held in Trust for the Ely Shoshone Tribe.
Sec. 361. Transfer of land to be held in trust for the Ely Shoshone Tribe.
Subtitle G—Eastern Nevada Landscape Restoration Project.
Sec. 371. Findings; purposes.
Sec. 372. Definitions.
Sec. 373. Restoration project.
Subtitle H—Amendments to the Southern Nevada Public Land Management Act of
1998
Sec. 381. Findings.
Sec. 382. Availability of special account.
Subtitle I—Amendments to the Lincoln County Conservation, Recreation, and
Development Act of 2004
Sec. 391. Disposition of proceeds.
Subtitle J—All American Canal Projects
Sec. 395. All American Canal Lining Project.
Sec. 396. Regulated storage water facility.
Sec. 397. Application of law.
TITLE IV—OTHER PROVISIONS
Sec. 401. Tobacco personal use quantity exception to not apply to delivery sales.
Sec. 402. Ethanol Tariff Schedule.
Sec. 403. Withdrawal of certain Federal land and interests in certain Federal land
from location, entry, and patent under the mining laws and disposition
under the mineral and geothermal leasing laws.
Sec. 404. Continuing eligibility for certain students under District of Columbia
School Choice Program.
Sec. 405. Study on Establishing Uniform National Database on Elder Abuse.
Sec. 406. Temporary duty reductions for certain cotton shirting fabric.
Sec. 407. Cotton Trust Fund.

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120 STAT. 2926

PUBLIC LAW 109–432—DEC. 20, 2006

Sec. 408. Tax court review of requests for equitable relief from joint and several liability.
DIVISION D—TEMPORARILY MODIFY CERTAIN RATES OF DUTY AND MAKE
OTHER TECHNICAL AMENDMENTS TO THE TRADE LAWS, EXTEND CERTAIN TRADE PREFERENCE PROGRAMS, AND OTHER PURPOSES
Sec. 1. Table of contents.
TITLE I—TARIFF PROVISIONS
Sec. 1001. Reference; expired provisions.
Subtitle A—New Duty Suspensions and Reductions
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.

1111.
1112.
1113.
1114.
1115.
1116.
1117.
1118.
1119.
1120.
1121.
1122.
1123.
1124.
1125.
1126.
1127.
1128.
1129.
1130.
1131.
1132.
1133.
1134.
1135.
1136.
1137.
1138.
1139.
1140.
1141.
1142.
1143.
1144.
1145.
1146.

Sec. 1147.
Sec. 1148.
Sec. 1149.

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Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.

1150.
1151.
1152.
1153.
1154.
1155.
1156.
1157.
1158.
1159.

Sec.
Sec.
Sec.
Sec.

1160.
1161.
1162.
1163.

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CHAPTER 1—NEW DUTY SUSPENSIONS
Diethyl sulfate.
Sorafenib.
Prohexadione calcium.
Methyl methoxy acetate.
Methoxyacetic acid.
N-Methylpiperidine.
Quinclorac technical.
Pyridaben.
Certain rubber or plastic footwear.
Sodium ortho-phenylphenol.
Certain chemical.
Baypure CX.
Isoeicosane.
Isododecane.
Isohexadecane.
Aminoguanidine bicarbonate.
o-Chlorotoluene.
Bayderm bottom DLV-N.
2,3-Dichloronitrobenzene.
1-Methoxy-2-propanol.
Basic Red 1 dye.
Basic Red 1:1 dye.
Basic Violet 11 dye.
Basic Violet 11:1 dye.
N-Cyclohexylthiophthalimide.
4,4′-Dithiodimorpholine.
Tetraethylthiuram disulfide.
Certain tetramethylthiuram disulfide.
Certain aerosol valves.
4-Methyl-5-n-propoxy-2,4-dihydro-1,2,4-triazol-3-one.
Ethoxyquin.
Tricholorobenzene.
Benzoic acid, 3,4,5-trihydroxy-, propyl ester.
2-Cyanopyridine.
Mixed xylidines.
Certain reception apparatus not containing a clock or clock timer, incorporating only AM radio.
Pigment Yellow 219.
Pigment Blue 80.
1-Oxa-3,
20-diazadispiro-[5.1.11.2]
heneicosan-21-one
2,2,4,4tetramethyl-,hydrochloride, reaction products with epichloro-hydrin,
hydrolyzed and polymerized.
Isobutyl parahydroxybenzoic acid and its sodium salt.
Phosphinic acid, diethyl-, aluminum salt.
Exolit OP 1312.
Sodium hypophosphite.
Cyanuric chloride.
Certain leather footwear for persons other than men or women.
Certain other work footwear.
Certain turn or turned footwear.
Certain work footwear with outer soles of leather.
Certain footwear with outer soles of rubber or plastics and with open
toes or heels.
Certain athletic footwear.
Certain work footwear.
Certain footwear.
1-Naphthyl methylcarbamate.

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PUBLIC LAW 109–432—DEC. 20, 2006
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.

1164.
1165.
1166.
1167.
1168.
1169.

Sec. 1170.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.

1171.
1172.
1173.
1174.
1175.
1176.
1177.
1178.

Sec.
Sec.
Sec.
Sec.
Sec.

1179.
1180.
1181.
1182.
1183.

Sec. 1184.
Sec.
Sec.
Sec.
Sec.
Sec.

1185.
1186.
1187.
1188.
1189.

Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.

1190.
1191.
1192.
1193.
1194.
1195.
1196.
1197.
1198.
1199.
1200.
1201.
1202.
1203.
1204.
1205.
1206.
1207.
1208.
1209.
1210.
1211.
1212.
1213.
1214.
1215.
1216.
1217.

Sec. 1218.
Sec. 1219.
Sec. 1220.
Sec. 1221.
Sec. 1222.
Sec. 1223.
Sec. 1224.

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120 STAT. 2927

Certain 16-inch variable speed scroll saw machines.
3,4-Dimethoxybenzaldehyde.
2-Aminothiophenol.
Solvent Red 227.
Mixtures of formaldehyde polymer and toluene.
1,2-Bis(3-aminopropyl)ethylenediamine, polymer with N-butyl-2,2,6,6tetramethyl-4-piperidinamine and 2,4,6-trichloro-1,3,5-triazine.
Mixture of barium carbonate, strontium carbonate, calcium carbonate,
methoxy-2-propananolacetate-1, for use as emitter suspension cathode
coating.
Resin cement.
Phosphor yox, yttrium oxide phosphor, activated by europium.
Phosphor-bag-barium magnesium aluminate phosphor.
Yttrium vanadate phosphor.
Phosphor scap strontium chloroapatite-europium.
Phosphor zinc silicate.
Strontium magnesium phosphate-tin doped.
Phosphor-yof flu pdr yox; yttrium oxide phosphor, activated by europium.
Calcium chloride phosphate phosphor.
Ceramic frit powder.
Phosphor lite white and phosphor blue halo.
Phosphor-sca, strontium halophosphate doped with europium.
Phosphor-cool white small particle calcium halophosphate phosphor activated by manganese and antimony.
Phosphor lap lanthanum phosphate phosphor, activated by cerium and
terbium.
Kashmir.
Certain articles of platinum.
Nickel alloy wire.
Titanium mononitride.
High accuracy, metal, marine sextants, used for navigating by celestial
bodies.
Electrically operated pencil sharpeners.
Valve assemblies (vacuum relief).
Seals, aerodynamic, fireproof.
Wing illumination lights.
Exterior emergency lights.
Magnesium peroxide.
Certain footwear other than for men.
Grass shears with rotating blade.
Cerium sulfide pigments.
Kresoxim methyl.
4-piece or 5-piece fireplace tools of iron or steel.
RSD 1235.
MCPB acid and MCPB sodium salt.
Gibberellic acid.
Triphenyltin hydroxide.
Bromoxynil octonoate.
Methyl 3-(trifluoromethyl)benzoate.
4-(Trifluoromethoxy)phenyl isocyanate.
4-Methylbenzonitrile.
Diaminodecane.
Certain compounds of lanthanum phosphates.
Certain compounds of yttrium europium oxide coprecipitates.
Certain compounds of lanthanum, cerium, and terbium phosphates.
Certain compounds of yttrium cerium phosphates.
Canned, boiled oysters, not smoked.
Boots.
Vinylidene chloride-methyl methacrylate-acrylonitrile copolymer.
1-Propene, 1,1,2,3,3,3-hexafluoro-, oxidized, polymerized, reduced
hydrolyzed.
1-Propene,1,1,2,3,3,3-hexafluoro-oxidized, polymerized.
1-Propene, 1,1,2,3,3,3-hexafluoro-, telomer with chlorotrifluoroethene,
oxidized, reduced, ethyl ester, hydrolyzed.
Infrared absorbing dye.
1,1,2-2-Tetrafluoroethene, oxidized, polymerized.
Methoxycarbonyl-terminated
perfluorinated
polyoxymethylenepolyoxyethylene.
Ethene, tetrafluoro, oxidized, polymerized, reduced, decarboxylated.
Ethene, tetrafluoro, oxidized, polymerized reduced, methyl esters, reduced, ethoxylated.

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120 STAT. 2928

PUBLIC LAW 109–432—DEC. 20, 2006

Sec. 1225. Oxiranemethanol, polymers with reduced methyl esters of reduced polymerized oxidized tetrafluoroethylene.
Sec. 1226. Ethene, tetrafluoro, oxidized, polymerized reduced, methyl esters, reduced.
Sec. 1227. Certain light-absorbing photo dyes.
Sec. 1228. Certain specialty monomers.
Sec. 1229. Suspension of duty on exoflex F BX7011.
Sec. 1230. Triphenyl phosphine.
Sec. 1231. Certain golf bag bodies.
Sec. 1232. Dichlorprop-p acid, dichlorprop-p dimethylamine salt, and dichlorprop-p
2-ethylhexyl ester.
Sec. 1233. 2,4-db acid and 2,4-db dimethylamine salt.
Sec. 1234. Filament fiber tow of rayon.
Sec. 1235. Parts for use in the manufacture of certain high-performance loudspeakers.
Sec. 1236. Certain plastic lamp-holder housings containing sockets.
Sec. 1237. Certain porcelain lamp-holder housings containing sockets.
Sec. 1238. Certain aluminum lamp-holder housings containing sockets.
Sec. 1239. Certain brass lamp-holder housings containing sockets.
Sec. 1240. Staple fibers of viscose rayon, not carded.
Sec. 1241. Staple fibers of rayon, carded, combed, or otherwise processed.
Sec. 1242. Mini DVD camcorder with 680K pixel CCD.
Sec. 1243. Mini DVD camcorder with 20G HDD.
Sec. 1244. Metal halide lamp.
Sec. 1245. Hand-held electronic can openers.
Sec. 1246. Electric knives.
Sec. 1247. Toaster ovens with single-slot traditional toaster opening on top of oven.
Sec. 1248. Ice shavers.
Sec. 1249. Dual-press sandwich makers with floating upper lid and lock.
Sec. 1250. Electric juice extractors greater than 300 watts but less than 400 watts.
Sec. 1251. Electric juice extractors not less than 800 watts.
Sec. 1252. Open-top electric indoor grills.
Sec. 1253. Automatic drip coffeemakers other than those with clocks.
Sec. 1254. Automatic drip coffeemakers with electronic clocks.
Sec. 1255. Electric under-the-cabinet mounting can openers.
Sec. 1256. Dimethyl malonate.
Sec. 1257. Lightweight digital camera lenses.
Sec. 1258. Digital zoom camera lenses.
Sec. 1259. Color flat panel screen monitors.
Sec. 1260. Color monitors with a video display diagonal of 35.56 cm or greater.
Sec. 1261. Color monitors.
Sec. 1262. Black and white monitors.
Sec. 1263. 6 V lead-acid storage batteries.
Sec. 1264. Zirconyl chloride.
Sec. 1265. Naphthol AS-CA.
Sec. 1266. Naphthol AS-KB.
Sec. 1267. Basic Violet 1.
Sec. 1268. Basic Blue 7.
Sec. 1269. 3-Amino-4-methylbenzamide.
Sec. 1270. Acetoacetyl-2,5-dimethoxy-4-chloroanilide.
Sec. 1271. Phenyl salicylate (benzoic acid, 2-hydroxy-, phenyl ester).
Sec. 1272. Synthetic indigo powder.
Sec. 1273. 1,3,5-Triazine-2,4-diamine, 6-[2-(2-methyl-1H-imidazol-1-yl)ethyl]-.
Sec. 1274. 50/50 Mixture of 1,3,5-triazine-2,4,6(1H,3H,5H)-trione, 1,3,5-tris[(2r)oxiranylmethyl]- and 1,3,5,-triazine-2,4,6(1H,3H,5H)-trione, 1,3,5tris[(2s)-oxiranylmethyl]-.
Sec. 1275. 9H-Thioxanthene-2-carboxaldehyde, 9-oxo-, 2-(o-acetyloxime).
Sec. 1276. 1H-Imidazole, 2-ethyl-4-methyl-.
Sec. 1277. 1H-Imidazole-4-methanol, 5-methyl-2-phenyl-.
Sec. 1278. 4-Cyclohexene-1,2-dicarboxylic acid, compd. With 1,3,5-triazine-2,4,6-triamine (1:1).
Sec. 1279. 1,3,5,-Triazine-2,4-diamine, 6-[2-(2-undecyl-1H-imidazol-1-yl)ethyl]-.
Sec. 1280. Certain footwear valued over $20 a pair with coated or laminated textile
fabrics.
Sec. 1281. Certain women’s footwear with coated or laminated textile fabrics.
Sec. 1282. Certain men’s footwear with coated or laminated textile fabrics.
Sec. 1283. Certain men’s footwear valued over $20 a pair with coated or laminated
textile fabrics.
Sec. 1284. Certain women’s footwear valued over $20 a pair with coated or laminated textile fabrics.
Sec. 1285. Certain other footwear valued over $20 a pair with coated or laminated
textile fabrics.

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PUBLIC LAW 109–432—DEC. 20, 2006

120 STAT. 2929

Sec. 1286. Certain footwear with coated or laminated textile fabrics.
Sec. 1287. Certain other footwear covering the ankle with coated or laminated textile fabrics.
Sec. 1288. Certain women’s footwear covering the ankle with coated or laminated
textile fabrics.
Sec. 1289. Certain women’s footwear not covering the ankle with coated or laminated textile fabrics.
Sec. 1290. Felt-bottom boots for use in fishing waders.
Sec. 1291. Lug bottom boots for use in fishing waders.
Sec. 1292. Certain parts and accessories for measuring or checking instruments.
Sec. 1293. Certain printed circuit assemblies.
Sec. 1294. Certain subassemblies for measuring equipment for telecommunications.
Sec. 1295. Chloroneb.
Sec. 1296. p-Nitrobenzoic acid (PNBA).
Sec. 1297. Allyl pentaerythritol (APE).
Sec. 1298. Butyl ethyl propanediol (BEP).
Sec. 1299. BEPD70L.
Sec. 1300. Boltorn-1 (bolt-1).
Sec. 1301. Boltorn-2 (bolt-2).
Sec. 1302. Cyclic TMP formal (CTF).
Sec. 1303. DITMP.
Sec. 1304. Polyol DPP (DPP).
Sec. 1305. Hydroxypivalic acid (HPA).
Sec. 1306. TMPDE.
Sec. 1307. TMPME.
Sec. 1308. TMP oxetane (TMPO).
Sec. 1309. TMPO ethoxylate (TMPOE).
Sec. 1310. Amyl-anthraquinone.
Sec. 1311. T-butyl acrylate.
Sec. 1312. 3-Cyclohexene-1-carboxylic acid, 6-[(di-2-propenylamino)carbonyl]-, rel(1R,6R)-, reaction products with pentafluoroiodoethane-tetrafluoroethylene telomer, ammonium salt.
Sec. 1313. Mixtures of phosphate ammonium salt derivatives of a fluorochemical.
Sec. 1314. 1-(3H)-isobenzofuranone, 3,3-bis(2-methyl-1-octyl-1H-indol-3-yl)-.
Sec. 1315. Mixture of poly[[6-[(1,1,3,3-tetramethylbutyl)amino]-1,3,5-triazine-2,4diyl]
[2,2,6,6-tetramethyl-4-piperidinyl)imino]-1,6-hexanediyl[(2,2,6,6tetramethyl-4-piperidinyl)imino]])
and
bis(2,2,6,6-tetramethyl-4piperidyl) sebacate.
Sec. 1316. Certain bitumen-coated polyethylene sleeves specifically designed to protect in-ground wood posts.
Sec. 1317. Nylon woolpacks used to package wool.
Sec. 1318. Magnesium zinc aluminum hydroxide carbonate hydrate.
Sec. 1319. C12–18 alkenes.
Sec. 1320. Acrypet UT100.
Sec. 1321. 5-Amino-1-[2,6-dichloro-4-(trifluoromethyl)phenyl]-4-[(1R,S)–
(trifluoromethyl)-sulfinyl]-1H-pyrazole-3-carbonitrile (Fipronil).
Sec. 1322. 2,3-Pyridinedicarboxylic acid.
Sec. 1323. Mixtures of 2-amino-2,3-dimethylbutylnitrile and toluene.
Sec. 1324. 2,3-Quinolinedicarboxylic acid.
Sec. 1325. 3,5-Difluoroaniline.
Sec. 1326. Clomazone.
Sec. 1327. Chloropivaloyl chloride.
Sec. 1328. N,N′-Hexane-1,6-diylbis(3-(3,5-di-tert-butyl-4hydroxyphenylpropionamide)).
Sec. 1329. Reactive Red 268.
Sec. 1330. Reactive Red 270.
Sec. 1331. Certain glass thermo bulbs.
Sec. 1332. Pyriproxyfen.
Sec. 1333. Uniconazole-P.
Sec. 1334. Bispyribac-sodium.
Sec. 1335. Dinotefuran.
Sec. 1336. Etoxazole.
Sec. 1337. Bioallethrin.
Sec. 1338. S-Bioallethrin.
Sec. 1339. Tetramethrin.
Sec. 1340. Tralomethrin.
Sec. 1341. Flumiclorac-pentyl.
Sec. 1342. 1-Propene-2-methyl homopolymer.
Sec. 1343. Acronal-S-600.
Sec. 1344. Lucirin TPO.
Sec. 1345. Sokalan PG IME.
Sec. 1346. Lycopene 10 percent.

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Sec. 1347. Mixtures of CAS Nos. 181274–15–7 and 208465–21–8.
Sec. 1348. 2-Methyl-1-[4-(methylthio)phenyl]-2-(4-morpholinyl)–1-propanone.
Sec. 1349. 1,6-Hexanediamine, N,N- bis(2,2,6,6-tetramethyl-4- piperidinyl)-, polymer with 2,4,6-trichloro-1,3,5-triazine, reaction products with n-butyl-1butanamine and N-butyl- 2,2,6,6-tetramethyl-4- piperidinamine.
Sec. 1350. Vat Black 25.
Sec. 1351. Acid Orange 162.
Sec. 1352. Methyl salicylate.
Sec. 1353. 1,2-Octanediol.
Sec. 1354. Menthone glycerin acetal.
Sec. 1355. Pontamine Green 2b.
Sec. 1356. Bayderm bottom 10 UD.
Sec. 1357. Bayderm finish DLH.
Sec. 1358. Levagard DMPP.
Sec. 1359. Bayderm bottom DLV.
Sec. 1360. Certain ethylene-vinyl acetate copolymers.
Sec. 1361. Cyazofamid.
Sec. 1362. Flonicamid.
Sec. 1363. Zeta-cypermethrin.
Sec. 1364. 2-Ethylhexyl 4-methoxycinnamate.
Sec. 1365. Certain flame retardant plasticizers.
Sec. 1366. Baypure DS.
Sec. 1367. Bayowet C4.
Sec. 1368. Certain bicycle parts.
Sec. 1369. Other cycles.
Sec. 1370. Certain bicycle parts.
Sec. 1371. Certain bicycle parts.
Sec. 1372. (2-Chloroethyl)phosphonic acid (Ethephon).
Sec. 1373. Preparations containing, 2-(1-(((3-chloro-2-propenyl)oxy)imino)propyl)–5(2-(ethylthio)propyl)–3-hydroxy-2-cyclohexene-1-one (Clethodim).
Sec. 1374. Urea, polymer with formaldehyde (pergopak).
Sec. 1375. Ortho nitroaniline.
Sec. 1376. 2,2 -(2,5-thiophenediyl)bis(5-(1,1-dimethylethyl)benzoxazole).
Sec. 1377. Certain chemicals and chemical mixtures.
Sec. 1378. Acid Red 414.
Sec. 1379. Solvent Yellow 163.
Sec. 1380. 4-Amino-3,6-bis[[5-[[4-chloro-6-[methyl[2-(methylamino)–2oxoethyl]amino]-1,3,5-triazin-2-yl]amino]-2-sulfophenyl]azo]-5-hydroxy2,7-naphthalenedisulfonic acid, lithium potassium sodium salt.
Sec. 1381. Reactive Red 123.
Sec. 1382. Reactive Blue 250.
Sec. 1383. Reactive Black 5.
Sec. 1384. 5-[(2-Cyano-4-nitrophenyl)azo]-2-[[2-(2-hydroxyethoxy)ethyl]amino]-4methyl-6-(phenylamino)–3-pyridinecarbonitrile.
Sec. 1385. Cyano[3-[(6-methoxy-2-benzothiazolyl)amino]-1H-isoindol-1-ylidene]-acetic acid, pentyl ester.
Sec. 1386. [(9,10-Dihydro-9,10-dioxo-1,4-anthracenediyl)bis[imino[3-(2methylpropyl)–3,1-propanediyl]]]bisbenzenesulfonic acid, disodium salt.
Sec. 1387. [4-(2,6-Dihydro-2,6-dioxo-7-phenylbenzo[1,2-b:4,5-b′]difuran-3yl)phenoxy]-acetic acid, 2-ethoxyethyl ester.
Sec. 1388. 3-Phenyl-7-(4-propoxyphenyl)-benzo[1,2-b:4,5-b′]difuran-2,6-dione.
Sec. 1389. 2-[[[2, 5-Dichloro-4-[(2-methyl-1H-indol-3-yl)azo]phenyl]sulfonyl]amino]ethanesulfonic acid, monosodium salt.
Sec. 1390. 2,7-Naphthalenedisulfonic acid, 5-[[4-chloro-6-[(3-sulfophenyl)amino]1,3,5-triazin-2-yl]amino]-4-hydroxy-3-[[4-[[2(sulfoxy)ethyl]sulfonyl]phenyl]azo]-, sodium salt.
Sec. 1391. 7-[[2-[(Aminocarbonyl)amino]-4-[[4-[4-[2-[[4-[[3-[(aminocarbonyl) amino]4-[(3,6,8-trisulfo-2-naphthalenyl)azo]phenyl]amino]-6-chloro-1,3,5triazin-2-yl]amino]ethyl]1-piperazinyl]-6-chloro-1,3,5-triazin-2yl]amino]phenyl]azo]-1,3,6-naphthalenetrisulfonic acid, lithium potassium sodium salt.
Sec. 1392. 4-[[3-(Acetylamino)phenyl]amino]-1-amino-9,10-dihydro-9,10-dioxo-2anthracenesulfonic acid, monosodium salt.
Sec. 1393. [4-[2,6-Dihydro-2,6-dioxo-7-(4-propoxyphenyl)benzo[1,2-b:4,5-b ]difuran-3yl]phenoxy]-acetic acid, 2-ethoxyethyl ester.
Sec. 1394. Basic Yellow 40 chloride based.
Sec. 1395. Direct Yellow 119.
Sec. 1396. Naugard 412s.
Sec. 1397. Triacetonamine.
Sec. 1398. Ipconazole.
Sec. 1399. Omite tech.
Sec. 1400. Pantera technical.

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120 STAT. 2931

Sec. 1401. p-Toluenesulfonyl chloride.
Sec. 1402. Preformed pellets of a mixture of sodium iodide, thallium iodide, dysprosium tri-iodide, holmium tri-iodide, thulium tri-iodide, and sometimes
calcium iodide.
Sec. 1403. p-Aminobenzamide (4-aminobenzamide).
Sec. 1404. p-Chloroaniline.
Sec. 1405. 4-Chloro-2-nitroaniline.
Sec. 1406. o-Chloro-p-toluidine (3-chloro-4-methylaniline).
Sec. 1407. 2-Chloroacetoacetanilide.
Sec. 1408. p-Acetoacetanisidide.
Sec. 1409. 1-Hydroxy-2-naphthoic acid.
Sec. 1410. Pigment Green 7 crude, not ready for use as a pigment.
Sec. 1411. 1,8-Naphthalimide (1H-benz[de]isoquinoline-1,3(2H)-dione).
Sec. 1412. Diisopropyl succinate.
Sec. 1413. 2,4-Di-tert-butyl-6-(5-chlorobenzotriazol-2-yl)phenol.
Sec. 1414. Direct Black 22.
Sec. 1415. Methylene bis-benzotriazolyl tetramethylbutylphenol.
Sec. 1416. Bis-ethylhexyloxyphenol methoxyphenol triazine.
Sec. 1417. Reactive Orange 132.
Sec. 1418. Acid Black 244.
Sec. 1419. Certain cores used in remanufacture.
Sec. 1420. ADTP.
Sec. 1421. DCBTF.
Sec. 1422. Noviflumuron.
Sec. 1423. Parachlorobenzotrifluoride.
Sec. 1424. Mixtures of insecticide.
Sec. 1425. Mixture of fungicide.
Sec. 1426. 1,2-Benzisothiazol-3(2H)-one.
Sec. 1427. Styrene, ar-ethyl-, polymer with divinylbenzene and styrene (6CI) beads
with low ash.
Sec. 1428. Mixtures of fungicide.
Sec. 1429. 2-Methyl-4-chlorophenoxy-acetic acid, di-methylamine salt.
Sec. 1430. Charge control agent 7.
Sec. 1431. Pro-jet Black 820 liquid feed.
Sec. 1432. Pro-jet Magenta M700.
Sec. 1433. Pro-jet Fast Black 287 NA liquid feed.
Sec. 1434. Pro-jet Fast Black 286 stage.
Sec. 1435. Pro-jet Cyan 485 stage.
Sec. 1436. Pro-jet Black 661 liquid feed.
Sec. 1437. Pro-jet Black Cyan 854 liquid feed.
Sec. 1438. Erasers.
Sec. 1439. Artificial flowers.
Sec. 1440. Suspension system stabilizer bars.
Sec. 1441. Rattan webbing.
Sec. 1442. Tractor body parts.
Sec. 1443. AC electric motors of an output exceeding 74.6 W but not exceeding 85
W.
Sec. 1444. AC electric motors of an output exceeding 74.6 W but not exceeding 105
W.
Sec. 1445. AC electric motors of an output exceeding 74.6 W but not exceeding 95
W.
Sec. 1446. Certain AC electric motors.
Sec. 1447. Viscose rayon yarn.
Sec. 1448. Certain twisted yarn of viscose rayon.
Sec. 1449. Allyl ureido monomer.
Sec. 1450. Synthetic elastic staple fiber.
Sec. 1451. Certain fiberglass sheets.
Sec. 1452. Halophosphor calcium diphosphate.
Sec. 1453. Certain rayon staple fibers.
Sec. 1454. Synthetic quartz or fused silica photomask substrates.
Sec. 1455. Certain integrated machines for manufacturing pneumatic tires.
Sec. 1456. Tramway cars.
Sec. 1457. Certain artificial filament single yarn (other than sewingthread).
Sec. 1458. Certain electrical transformers rated at 25VA.
Sec. 1459. Certain electrical transformers rated at 40VA.
Sec.
Sec.
Sec.
Sec.

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1461.
1462.
1463.
1464.

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CHAPTER 2—REDUCTIONS
Floor coverings and mats of vulcanized rubber.
Manicure and pedicure sets.
Nitrocellulose.
Sulfentrazone technical.

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PUBLIC LAW 109–432—DEC. 20, 2006

Sec. 1465. Clock radio combos.
Sec. 1466. Thiamethoxam technical.
Sec. 1467. Staple fibers of viscose rayon, not carded, combed, or otherwise processed for spinning.
Sec. 1468. Certain men’s footwear covering the ankle with coated or laminated textile fabrics.
Sec. 1469. Certain footwear not covering the ankle with coated or laminated textile
fabrics.
Sec. 1470. Acrylic or modacrylic synthetic staple fibers, not carded, combed, or otherwise processed for spinning.
Sec. 1471. Certain women’s footwear.
Sec. 1472. Numerous other seals made of rubber or silicone, and covered with, or
reinforced with, a fabric material.
Sec. 1473. Tetrakis.
Sec. 1474. Glycine, N,N-bis[2-hydroxy-3-(2-propenyloxy)propyl]-, monosodium salt,
reaction
products
with
ammonium
hydroxide
and
pentafluoroiodoethane-tetrafluoroethylene telomer.
Sec. 1475. Diethyl ketone.
Sec. 1476. Acephate.
Sec. 1477. Flumioxazin.
Sec. 1478. Garenoxacin mesylate.
Sec. 1479. Butylated hydroxyethylbenzene.
Sec. 1480. Certain automotive catalytic converter mats.
Sec. 1481. 3,3′-Dichlorobenzidine dihydrochloride.
Sec. 1482. TMC114.
Sec. 1483. Biaxially oriented polypropylene dielectric film.
Sec. 1484. Biaxially oriented polyethylene terephthalate dielectric film.
Sec. 1485. Certain bicycle parts.
Sec. 1486. Certain bicycle parts.
Sec. 1487. Bifenthrin.
Sec. 1488. Reduced Vat 1.
Sec. 1489. 4-Chlorobenzonitrile.
Sec. 1490. Nail clippers and nail files.
Sec. 1491. Electric automatic shower cleaners.
Sec. 1492. Mesotrione technical.
Sec. 1493. Certain crank-gear and other bicycle parts.
Subtitle B—Existing Suspensions and Reductions
Sec. 1501. Extensions of existing suspensions and other modifications.
Subtitle C—Effective Date
Sec. 1511. Effective date.
TITLE II—RELIQUIDATIONS
Sec. 2001. Reliquidation of certain entries of certain small diameter carbon and
alloy seamless standard, line and pressure pipe from Romania.
Sec. 2002. Certain entries of pasta.
Sec. 2003. Clarification of reliquidation provision.
Sec. 2004. Reliquidation of certain drawback claim.
Sec. 2005. Payment of interest on amounts owed pursuant to reliquidation of certain entries.
TITLE III—TECHNICAL CORRECTIONS AND OTHER PROVISIONS
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.

3001.
3002.
3003.
3004.
3005.
3006.
3007.

Subtitle A—Technical corrections
Amendments to the HTS.
Technical correction to the Tariff Act of 1930.
Amendments to the Pension Protection Act of 2006.
NMSBA.
Certain monochrome glass envelopes.
Flexible magnets and composite goods containing flexible magnets.
Cellar treatment of wine.

Subtitle B—Other Provisions
Sec. 3011. Consideration of certain civil actions delayed because of the terrorist attacks of September 11, 2001.
Sec. 3012. Effective date of modifications to the Harmonized Tariff Schedule.
TITLE IV—EXTENSION OF NONDISCRIMINATORY TREATMENT (NORMAL
TRADE RELATIONS TREATMENT) TO THE PRODUCTS OF VIETNAM
Sec. 4001. Findings.

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120 STAT. 2933

Sec. 4002. Termination of application of title IV of the Trade Act of 1974 to Vietnam.
Sec. 4003. Procedure for determining prohibited subsidies by Vietnam.
Sec. 4004. Consultations upon initiation of investigation.
Sec. 4005. Public participation and consultation.
Sec. 4006. Arbitration and imposition of quotas.
Sec. 4007. Definitions.
TITLE V—HAITI
Sec.
Sec.
Sec.
Sec.

5001.
5002.
5003.
5004.

Short title.
Trade benefits for Haiti.
ITC study.
Sense of Congress on interpretation of textile and apparel provisions for
Haiti.
Sec. 5005. Technical amendments.
Sec. 5006. Effective date.
Sec.
Sec.
Sec.
Sec.

6001.
6002.
6003.
6004.

TITLE VI—AFRICAN GROWTH AND OPPORTUNITY ACT
Short title.
Preferential treatment of apparel products of lesser developed countries.
Technical corrections.
Effective date for AGOA.
TITLE VII—ANDEAN TRADE PREFERENCE ACT
Sec. 7001. Short title.
Sec. 7002. ATPA extension.
Sec. 7003. Technical amendments.
TITLE VIII—GENERALIZED SYSTEM OF PREFERENCES (GSP) PROGRAM
Sec. 8001. Limitations on waivers of competitive need limitation.
Sec. 8002. Extension of GSP program.

DIVISION A—EXTENSION AND EXPANSION OF CERTAIN TAX RELIEF PROVISIONS, AND OTHER TAX PROVISIONS
SEC. 100. REFERENCE.

Except as otherwise expressly provided, whenever in this division an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference
shall be considered to be made to a section or other provision
of the Internal Revenue Code of 1986.

TITLE I—EXTENSION AND MODIFICATION OF CERTAIN PROVISIONS
SEC.

101.

DEDUCTION FOR
EXPENSES.

QUALIFIED

TUITION

AND

RELATED

(a) IN GENERAL.—Section 222(e) is amended by striking ‘‘2005’’
and inserting ‘‘2007’’.
(b) CONFORMING AMENDMENTS.—Section 222(b)(2)(B) is
amended—
(1) by striking ‘‘a taxable year beginning in 2004 or 2005’’
and inserting ‘‘any taxable year beginning after 2003’’, and
(2) by striking ‘‘2004 AND 2005’’ in the heading and inserting
‘‘AFTER 2003’’.
(c) EFFECTIVE DATE.—The amendments made by this section
shall apply to taxable years beginning after December 31, 2005.

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26 USC 222.

26 USC 222 note.

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PUBLIC LAW 109–432—DEC. 20, 2006

SEC. 102. EXTENSION AND MODIFICATION OF NEW MARKETS TAX
CREDIT.

(a) EXTENSION.—Section 45D(f)(1)(D) is amended by striking
‘‘and 2007’’ and inserting ‘‘, 2007, and 2008’’.
(b) REGULATIONS REGARDING NON-METROPOLITAN COUNTIES.—
Section 45D(i) is amended by striking ‘‘and’’ at the end of paragraph
(4), by striking the period at the end of paragraph (5) and inserting
‘‘, and’’, and by adding at the end the following new paragraph:
‘‘(6) which ensure that non-metropolitan counties receive
a proportional allocation of qualified equity investments.’’.
(c) EFFECTIVE DATE.—The amendments made by this section
shall take effect on the date of the enactment of this Act.

26 USC 45D.

26 USC 45D
note.

SEC. 103. ELECTION TO DEDUCT STATE AND LOCAL GENERAL SALES
TAXES.

26 USC 164 note.

(a) IN GENERAL.—Section 164(b)(5)(I) is amended by striking
‘‘2006’’ and inserting ‘‘2008’’.
(b) EFFECTIVE DATE.—The amendments made by this section
shall apply to taxable years beginning after December 31, 2005.
SEC. 104. EXTENSION AND MODIFICATION OF RESEARCH CREDIT.

26 USC 41 note.

26 USC 41 note.

26 USC 41 note.

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(a) EXTENSION.—
(1) IN GENERAL.—Section 41(h)(1)(B) is amended by striking
‘‘2005’’ and inserting ‘‘2007’’.
(2) CONFORMING AMENDMENT.—Section 45C(b)(1)(D) is
amended by striking ‘‘2005’’ and inserting ‘‘2007’’.
(3) EFFECTIVE DATE.—The amendments made by this subsection shall apply to amounts paid or incurred after December
31, 2005.
(b) INCREASE IN RATES OF ALTERNATIVE INCREMENTAL
CREDIT.—
(1) IN GENERAL.—Subparagraph (A) of section 41(c)(4)
(relating to election of alternative incremental credit) is
amended—
(A) by striking ‘‘2.65 percent’’ and inserting ‘‘3 percent’’,
(B) by striking ‘‘3.2 percent’’ and inserting ‘‘4 percent’’,
and
(C) by striking ‘‘3.75 percent’’ and inserting ‘‘5 percent’’.
(2) EFFECTIVE DATE.—Except as provided in paragraph (3),
the amendments made by this subsection shall apply to taxable
years ending after December 31, 2006.
(3) TRANSITION RULE.—
(A) IN GENERAL.—In the case of a specified transitional
taxable year for which an election under section 41(c)(4)
of the Internal Revenue Code of 1986 applies, the credit
determined under section 41(a)(1) of such Code shall be
equal to the sum of—
(i) the applicable 2006 percentage multiplied by
the amount determined under section 41(c)(4)(A) of
such Code (as in effect for taxable years ending on
December 31, 2006), plus
(ii) the applicable 2007 percentage multiplied by
the amount determined under section 41(c)(4)(A) of
such Code (as in effect for taxable years ending on
January 1, 2007).
(B) DEFINITIONS.—For purposes of subparagraph (A)—

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120 STAT. 2935

(i) SPECIFIED TRANSITIONAL TAXABLE YEAR.—The
term ‘‘specified transitional taxable year’’ means any
taxable year which ends after December 31, 2006, and
which includes such date.
(ii) APPLICABLE 2006 PERCENTAGE.—The term
‘‘applicable 2006 percentage’’ means the number of
days in the specified transitional taxable year before
January 1, 2007, divided by the number of days in
such taxable year.
(iii) APPLICABLE 2007 PERCENTAGE.—The term
‘‘applicable 2007 percentage’’ means the number of
days in the specified transitional taxable year after
December 31, 2006, divided by the number of days
in such taxable year.
(c) ALTERNATIVE SIMPLIFIED CREDIT FOR QUALIFIED RESEARCH
EXPENSES.—
(1) IN GENERAL.—Subsection (c) of section 41 (relating to
base amount) is amended by redesignating paragraphs (5) and
(6) as paragraphs (6) and (7), respectively, and by inserting
after paragraph (4) the following new paragraph:
‘‘(5) ELECTION OF ALTERNATIVE SIMPLIFIED CREDIT.—
‘‘(A) IN GENERAL.—At the election of the taxpayer, the
credit determined under subsection (a)(1) shall be equal
to 12 percent of so much of the qualified research expenses
for the taxable year as exceeds 50 percent of the average
qualified research expenses for the 3 taxable years preceding the taxable year for which the credit is being determined.
‘‘(B) SPECIAL RULE IN CASE OF NO QUALIFIED RESEARCH
EXPENSES IN ANY OF 3 PRECEDING TAXABLE YEARS.—
‘‘(i)
TAXPAYERS
TO
WHICH
SUBPARAGRAPH
APPLIES.—The credit under this paragraph shall be
determined under this subparagraph if the taxpayer
has no qualified research expenses in any one of the
3 taxable years preceding the taxable year for which
the credit is being determined.
‘‘(ii) CREDIT RATE.—The credit determined under
this subparagraph shall be equal to 6 percent of the
qualified research expenses for the taxable year.
‘‘(C) ELECTION.—An election under this paragraph shall
apply to the taxable year for which made and all succeeding
taxable years unless revoked with the consent of the Secretary. An election under this paragraph may not be made
for any taxable year to which an election under paragraph
(4) applies.’’.
(2) TRANSITION RULE FOR DEEMED REVOCATION OF ELECTION
OF ALTERNATIVE INCREMENTAL CREDIT.—In the case of an election under section 41(c)(4) of the Internal Revenue Code of
1986 which applies to the taxable year which includes January
1, 2007, such election shall be treated as revoked with the
consent of the Secretary of the Treasury if the taxpayer makes
an election under section 41(c)(5) of such Code (as added by
this subsection) for such year.
(3) EFFECTIVE DATE.—Except as provided in paragraph (4),
the amendments made by this subsection shall apply to taxable
years ending after December 31, 2006.
(4) TRANSITION RULE FOR NONCALENDAR TAXABLE YEARS.—

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26 USC 41.

Applicability.

26 USC 41 note.

26 USC 41 note.

26 USC 41 note.

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120 STAT. 2936

PUBLIC LAW 109–432—DEC. 20, 2006
(A) IN GENERAL.—In the case of a specified transitional
taxable year for which an election under section 41(c)(5)
of the Internal Revenue Code of 1986 (as added by this
subsection) applies, the credit determined under section
41(a)(1) of such Code shall be equal to the sum of—
(i) the applicable 2006 percentage multiplied by
the amount determined under section 41(a)(1) of such
Code (as in effect for taxable years ending on December
31, 2006), plus
(ii) the applicable 2007 percentage multiplied by
the amount determined under section 41(c)(5) of such
Code (as in effect for taxable years ending on January
1, 2007).
(B) DEFINITIONS AND SPECIAL RULES.—For purposes
of subparagraph (A)—
(i) DEFINITIONS.—Terms used in this paragraph
which are also used in subsection (b)(3) shall have
the respective meanings given such terms in such subsection.
(ii) DUAL ELECTIONS PERMITTED.—Elections under
paragraphs (4) and (5) of section 41(c) of such Code
may both apply for the specified transitional taxable
year.
(iii) DEFERRAL OF DEEMED ELECTION REVOCATION.—Any election under section 41(c)(4) of the
Internal Revenue Code of 1986 treated as revoked
under paragraph (2) shall be treated as revoked for
the taxable year after the specified transitional taxable
year.

SEC. 105. WORK OPPORTUNITY TAX CREDIT AND WELFARE-TO-WORK
CREDIT.
26 USC 51, 51A.

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(a) IN GENERAL.—Sections 51(c)(4)(B) and 51A(f) are each
amended by striking ‘‘2005’’ and inserting ‘‘2007’’.
(b) ELIGIBILITY OF EX-FELONS DETERMINED WITHOUT REGARD
TO FAMILY INCOME.—Paragraph (4) of section 51(d) is amended
by adding ‘‘and’’ at the end of subparagraph (A), by striking ‘‘,
and’’ at the end of subparagraph (B) and inserting a period, and
by striking all that follows subparagraph (B).
(c) INCREASE IN MAXIMUM AGE FOR ELIGIBILITY OF FOOD STAMP
RECIPIENTS.—Clause (i) of section 51(d)(8)(A) is amended by striking
‘‘25’’ and inserting ‘‘40’’.
(d) EXTENSION OF PAPERWORK FILING DEADLINE.—Section
51(d)(12)(A)(ii)(II) is amended by striking ‘‘21st day’’ and inserting
‘‘28th day’’.
(e) CONSOLIDATION OF WORK OPPORTUNITY CREDIT WITH WELFARE-TO-WORK CREDIT.—
(1) IN GENERAL.—Paragraph (1) of section 51(d) is amended
by striking ‘‘or’’ at the end of subparagraph (G), by striking
the period at the end of subparagraph (H) and inserting ‘‘,
or’’, and by adding at the end the following new subparagraph:
‘‘(I) a long-term family assistance recipient.’’.
(2) LONG-TERM FAMILY ASSISTANCE RECIPIENT.—Subsection
(d) of section 51 is amended by redesignating paragraphs (10)
through (12) as paragraphs (11) through (13), respectively, and
by inserting after paragraph (9) the following new paragraph:

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‘‘(10) LONG-TERM FAMILY ASSISTANCE RECIPIENT.—The term
‘long-term family assistance recipient’ means any individual
who is certified by the designated local agency—
‘‘(A) as being a member of a family receiving assistance
under a IV–A program (as defined in paragraph (2)(B))
for at least the 18-month period ending on the hiring
date,
‘‘(B)(i) as being a member of a family receiving such
assistance for 18 months beginning after August 5, 1997,
and
‘‘(ii) as having a hiring date which is not more than
2 years after the end of the earliest such 18-month period,
or
‘‘(C)(i) as being a member of a family which ceased
to be eligible for such assistance by reason of any limitation
imposed by Federal or State law on the maximum period
such assistance is payable to a family, and
‘‘(ii) as having a hiring date which is not more than
2 years after the date of such cessation.’’.
(3) INCREASED CREDIT FOR EMPLOYMENT OF LONG-TERM
FAMILY ASSISTANCE RECIPIENTS.—Section 51 is amended by
inserting after subsection (d) the following new subsection:
‘‘(e) CREDIT FOR SECOND-YEAR WAGES FOR EMPLOYMENT OF
LONG-TERM FAMILY ASSISTANCE RECIPIENTS.—
‘‘(1) IN GENERAL.—With respect to the employment of a
long-term family assistance recipient—
‘‘(A) the amount of the work opportunity credit determined under this section for the taxable year shall include
50 percent of the qualified second-year wages for such
year, and
‘‘(B) in lieu of applying subsection (b)(3), the amount
of the qualified first-year wages, and the amount of qualified second-year wages, which may be taken into account
with respect to such a recipient shall not exceed $10,000
per year.
‘‘(2) QUALIFIED SECOND-YEAR WAGES.—For purposes of this
subsection, the term ‘qualified second-year wages’ means qualified wages—
‘‘(A) which are paid to a long-term family assistance
recipient, and
‘‘(B) which are attributable to service rendered during
the 1-year period beginning on the day after the last day
of the 1-year period with respect to such recipient determined under subsection (b)(2).
‘‘(3) SPECIAL RULES FOR AGRICULTURAL AND RAILWAY
LABOR.—If such recipient is an employee to whom subparagraph
(A) or (B) of subsection (h)(1) applies, rules similar to the
rules of such subparagraphs shall apply except that—
‘‘(A) such subparagraph (A) shall be applied by substituting ‘$10,000’ for ‘$6,000’, and
‘‘(B) such subparagraph (B) shall be applied by substituting ‘$833.33’ for ‘$500’.’’.
(4) REPEAL OF SEPARATE WELFARE-TO-WORK CREDIT.—
(A) IN GENERAL.—Section 51A is hereby repealed.
(B) CLERICAL AMENDMENT.—The table of sections for
subpart F of part IV of subchapter A of chapter 1 is
amended by striking the item relating to section 51A.

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PUBLIC LAW 109–432—DEC. 20, 2006
(f) EFFECTIVE DATES.—
(1) IN GENERAL.—Except as provided in paragraph (2), the
amendments made by this section shall apply to individuals
who begin work for the employer after December 31, 2005.
(2) CONSOLIDATION.—The amendments made by subsections (b), (c), (d), and (e) shall apply to individuals who
begin work for the employer after December 31, 2006.

26 USC 51 note.

SEC. 106. ELECTION TO INCLUDE COMBAT PAY AS EARNED INCOME
FOR PURPOSES OF EARNED INCOME CREDIT.
26 USC 32.
26 USC 32 note.

(a) IN GENERAL.—Section 32(c)(2)(B)(vi)(II) is amended by
striking ‘‘2007’’ and inserting ‘‘2008’’.
(b) EFFECTIVE DATE.—The amendment made by this section
shall apply to taxable years beginning after December 31, 2006.
SEC. 107. EXTENSION AND MODIFICATION OF QUALIFIED ZONE
ACADEMY BONDS.

(a) IN GENERAL.—Paragraph (1) of section 1397E(e) is amended
by striking ‘‘and 2005’’ and inserting ‘‘2005, 2006, and 2007’’.
(b) SPECIAL RULES RELATING TO EXPENDITURES, ARBITRAGE,
AND REPORTING.—
(1) IN GENERAL.—Section 1397E is amended—
(A) in subsection (d)(1), by striking ‘‘and’’ at the end
of subparagraph (C)(iii), by striking the period at the end
of subparagraph (D) and inserting ‘‘, and’’, and by adding
at the end the following new subparagraph:
‘‘(E) the issue meets the requirements of subsections
(f), (g), and (h).’’, and
(B) by redesignating subsections (f), (g), (h), and (i)
as subsections (i), (j), (k), and (l), respectively, and by
inserting after subsection (e) the following new subsections:
‘‘(f) SPECIAL RULES RELATING TO EXPENDITURES.—
‘‘(1) IN GENERAL.—An issue shall be treated as meeting
the requirements of this subsection if, as of the date of issuance,
the issuer reasonably expects—
‘‘(A) at least 95 percent of the proceeds from the sale
of the issue are to be spent for 1 or more qualified purposes
with respect to qualified zone academies within the 5year period beginning on the date of issuance of the qualified zone academy bond,
‘‘(B) a binding commitment with a third party to spend
at least 10 percent of the proceeds from the sale of the
issue will be incurred within the 6-month period beginning
on the date of issuance of the qualified zone academy
bond, and
‘‘(C) such purposes will be completed with due diligence
and the proceeds from the sale of the issue will be spent
with due diligence.
‘‘(2) EXTENSION OF PERIOD.—Upon submission of a request
prior to the expiration of the period described in paragraph
(1)(A), the Secretary may extend such period if the issuer
establishes that the failure to satisfy the 5-year requirement
is due to reasonable cause and the related purposes will continue to proceed with due diligence.
‘‘(3) FAILURE TO SPEND REQUIRED AMOUNT OF BOND PROCEEDS WITHIN 5 YEARS.—To the extent that less than 95 percent
of the proceeds of such issue are expended by the close of
the 5-year period beginning on the date of issuance (or if

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an extension has been obtained under paragraph (2), by the
close of the extended period), the issuer shall redeem all of
the nonqualified bonds within 90 days after the end of such
period. For purposes of this paragraph, the amount of the
nonqualified bonds required to be redeemed shall be determined
in the same manner as under section 142.
‘‘(g) SPECIAL RULES RELATING TO ARBITRAGE.—An issue shall
be treated as meeting the requirements of this subsection if the
issuer satisfies the arbitrage requirements of section 148 with
respect to proceeds of the issue.
‘‘(h) REPORTING.—Issuers of qualified academy zone bonds shall
submit reports similar to the reports required under section 149(e).’’.
(2) CONFORMING AMENDMENTS.—Sections 54(l)(3)(B) and
1400N(l)(7)(B)(ii) are each amended by striking ‘‘section
1397E(i)’’ and inserting ‘‘section 1397E(l)’’.
(c) EFFECTIVE DATES.—
(1) EXTENSION.—The amendment made by subsection (a)
shall apply to obligations issued after December 31, 2005.
(2) SPECIAL RULES.—The amendments made by subsection
(b) shall apply to obligations issued after the date of the enactment of this Act pursuant to allocations of the national zone
academy bond limitation for calendar years after 2005.

26 USC 54,
1400N.
26 USC 1397E
note.

SEC. 108. ABOVE-THE-LINE DEDUCTION FOR CERTAIN EXPENSES OF
ELEMENTARY AND SECONDARY SCHOOL TEACHERS.

(a) IN GENERAL.—Subparagraph (D) of section 62(a)(2) is
amended by striking ‘‘or 2005’’ and inserting ‘‘2005, 2006, or 2007’’.
(b) EFFECTIVE DATE.—The amendment made by this section
shall apply to taxable years beginning after December 31, 2005.
SEC.

109.

EXTENSION AND EXPANSION OF
BROWNFIELDS REMEDIATION COSTS.

EXPENSING

26 USC 62 note.

OF

(a) EXTENSION.—Subsection (h) of section 198 is amended by
striking ‘‘2005’’ and inserting ‘‘2007’’.
(b) EXPANSION.—Section 198(d)(1) (defining hazardous substance) is amended by striking ‘‘and’’ at the end of subparagraph
(A), by striking the period at the end of subparagraph (B) and
inserting ‘‘, and’’, and by adding at the end the following new
subparagraph:
‘‘(C) any petroleum product (as defined in section
4612(a)(3)).’’.
(c) EFFECTIVE DATE.—The amendments made by this section
shall apply to expenditures paid or incurred after December 31,
2005.

26 USC 198 note.

SEC. 110. TAX INCENTIVES FOR INVESTMENT IN THE DISTRICT OF
COLUMBIA.

(a) DESIGNATION OF ZONE.—
(1) IN GENERAL.—Subsection (f) of section 1400 is amended
by striking ‘‘2005’’ both places it appears and inserting ‘‘2007’’.
(2) EFFECTIVE DATE.—The amendments made by this subsection shall apply to periods beginning after December 31,
2005.
(b) TAX-EXEMPT ECONOMIC DEVELOPMENT BONDS.—
(1) IN GENERAL.—Subsection (b) of section 1400A is
amended by striking ‘‘2005’’ and inserting ‘‘2007’’.
(2) EFFECTIVE DATE.—The amendment made by this subsection shall apply to bonds issued after December 31, 2005.

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26 USC 1400
note.

26 USC 1400A
note.

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PUBLIC LAW 109–432—DEC. 20, 2006
(c) ZERO PERCENT CAPITAL GAINS RATE.—
(1) IN GENERAL.—Subsection (b) of section 1400B is
amended by striking ‘‘2006’’ each place it appears and inserting
‘‘2008’’.
(2) CONFORMING AMENDMENTS.—
(A) Section 1400B(e)(2) is amended—
(i) by striking ‘‘2010’’ and inserting ‘‘2012’’, and
(ii) by striking ‘‘2010’’ in the heading thereof and
inserting ‘‘2012’’.
(B) Section 1400B(g)(2) is amended by striking ‘‘2010’’
and inserting ‘‘2012’’.
(C) Section 1400F(d) is amended by striking ‘‘2010’’
and inserting ‘‘2012’’.
(3) EFFECTIVE DATES.—
(A) EXTENSION.—The amendments made by paragraph
(1) shall apply to acquisitions after December 31, 2005.
(B) CONFORMING AMENDMENTS.—The amendments
made by paragraph (2) shall take effect on the date of
the enactment of this Act.
(d) FIRST-TIME HOMEBUYER CREDIT.—
(1) IN GENERAL.—Subsection (i) of section 1400C is
amended by striking ‘‘2006’’ and inserting ‘‘2008’’.
(2) EFFECTIVE DATE.—The amendment made by this subsection shall apply to property purchased after December 31,
2005.

26 USC 1400B.

26 USC 1400B
note.

26 USC 1400C
note.

SEC. 111. INDIAN EMPLOYMENT TAX CREDIT.

26 USC 45A note.

(a) IN GENERAL.—Section 45A(f) is amended by striking ‘‘2005’’
and inserting ‘‘2007’’.
(b) EFFECTIVE DATE.—The amendment made by this section
shall apply to taxable years beginning after December 31, 2005.
SEC. 112. ACCELERATED DEPRECIATION FOR BUSINESS PROPERTY
ON INDIAN RESERVATIONS.

26 USC 168 note.

(a) IN GENERAL.—Section 168(j)(8) is amended by striking
‘‘2005’’ and inserting ‘‘2007’’.
(b) EFFECTIVE DATE.—The amendment made by this section
shall apply to property placed in service after December 31, 2005.
SEC. 113. FIFTEEN-YEAR STRAIGHT-LINE COST RECOVERY FOR QUALIFIED LEASEHOLD IMPROVEMENTS AND QUALIFIED RESTAURANT PROPERTY.

(a) IN GENERAL.—Clauses (iv) and (v) of section 168(e)(3)(E)
are each amended by striking ‘‘2006’’ and inserting ‘‘2008’’.
(b) EFFECTIVE DATE.—The amendments made by subsection
(a) shall apply to property placed in service after December 31,
2005.
SEC. 114. COVER OVER OF TAX ON DISTILLED SPIRITS.

26 USC 7652
note.

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(a) IN GENERAL.—Section 7652(f)(1) is amended by striking
‘‘2006’’ and inserting ‘‘2008’’.
(b) EFFECTIVE DATE.—The amendment made by subsection (a)
shall apply to articles brought into the United States after December
31, 2005.

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SEC. 115. PARITY IN APPLICATION OF CERTAIN LIMITS TO MENTAL
HEALTH BENEFITS.

(a) AMENDMENT TO THE INTERNAL REVENUE CODE OF 1986.—
Section 9812(f)(3) is amended by striking ‘‘2006’’ and inserting
‘‘2007’’.
(b) AMENDMENT TO THE EMPLOYEE RETIREMENT INCOME SECURITY ACT OF 1974.—Section 712(f) of the Employee Retirement
Income Security Act of 1974 (29 U.S.C. 1185a(f)) is amended by
striking ‘‘2006’’ and inserting ‘‘2007’’.
(c) AMENDMENT TO THE PUBLIC HEALTH SERVICE ACT.—Section
2705(f) of the Public Health Service Act (42 U.S.C. 300gg–5(f))
is amended by striking ‘‘2006’’ and inserting ‘‘2007’’.

26 USC 9812.

SEC. 116. CORPORATE DONATIONS OF SCIENTIFIC PROPERTY USED
FOR RESEARCH AND OF COMPUTER TECHNOLOGY AND
EQUIPMENT.

(a) EXTENSION OF COMPUTER TECHNOLOGY AND EQUIPMENT
DONATION.—
(1) IN GENERAL.—Section 170(e)(6)(G) is amended by
striking ‘‘2005’’ and inserting ‘‘2007’’.
(2) EFFECTIVE DATE.—The amendment made by paragraph
(1) shall apply to contributions made in taxable years beginning
after December 31, 2005.
(b) EXPANSION OF CHARITABLE CONTRIBUTION ALLOWED FOR
SCIENTIFIC PROPERTY USED FOR RESEARCH AND FOR COMPUTER
TECHNOLOGY AND EQUIPMENT USED FOR EDUCATIONAL PURPOSES.—
(1) SCIENTIFIC PROPERTY USED FOR RESEARCH.—
(A) IN GENERAL.—Clause (ii) of section 170(e)(4)(B)
(defining qualified research contributions) is amended by
inserting ‘‘or assembled’’ after ‘‘constructed’’.
(B) CONFORMING AMENDMENT.—Clause (iii) of section
170(e)(4)(B) is amended by inserting ‘‘or assembly’’ after
‘‘construction’’.
(2) COMPUTER TECHNOLOGY AND EQUIPMENT FOR EDUCATIONAL PURPOSES.—
(A) IN GENERAL.—Clause (ii) of section 170(e)(6)(B) is
amended by inserting ‘‘or assembled’’ after ‘‘constructed’’
and ‘‘or assembling’’ after ‘‘construction’’.
(B) CONFORMING AMENDMENT.—Subparagraph (D) of
section 170(e)(6) is amended by inserting ‘‘or assembled’’
after ‘‘constructed’’ and ‘‘or assembly’’ after ‘‘construction’’.
(3) EFFECTIVE DATE.—The amendments made by this subsection shall apply to taxable years beginning after December
31, 2005.

26 USC 170 note.

26 USC 170 note.

SEC. 117. AVAILABILITY OF MEDICAL SAVINGS ACCOUNTS.

(a) IN GENERAL.—Paragraphs (2) and (3)(B) of section 220(i)
are each amended by striking ‘‘2005’’ each place it appears in
the text and headings and inserting ‘‘2007’’.
(b) CONFORMING AMENDMENTS.—
(1) Paragraph (2) of section 220(j) is amended—
(A) in the text by striking ‘‘or 2004’’ each place it
appears and inserting ‘‘2004, 2005, or 2006’’, and
(B) in the heading by striking ‘‘OR 2004’’ and inserting
‘‘2004, 2005, OR 2006’’.
(2) Subparagraph (A) of section 220(j)(4) is amended by
striking ‘‘and 2004’’ and inserting ‘‘2004, 2005, and 2006’’.

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(c) TIME FOR FILING REPORTS, ETC.—
(1) The report required by section 220(j)(4) of the Internal
Revenue Code of 1986 to be made on August 1, 2005, or August
1, 2006, as the case may be, shall be treated as timely if
made before the close of the 90-day period beginning on the
date of the enactment of this Act.
(2) The determination and publication required by section
220(j)(5) of such Code with respect to calendar year 2005 or
calendar year 2006, as the case may be, shall be treated as
timely if made before the close of the 120-day period beginning
on the date of the enactment of this Act. If the determination
under the preceding sentence is that 2005 or 2006 is a cutoff year under section 220(i) of such Code, the cut-off date
under such section 220(i) shall be the last day of such 120day period.

26 USC 220 note.

SEC. 118. TAXABLE INCOME LIMIT ON PERCENTAGE DEPLETION FOR
OIL AND NATURAL GAS PRODUCED FROM MARGINAL
PROPERTIES.

26 USC 613A
note.

(a) IN GENERAL.—Section 613A(c)(6)(H) is amended by striking
‘‘2006’’ and inserting ‘‘2008’’.
(b) EFFECTIVE DATE.—The amendment made by subsection (a)
shall apply to taxable years beginning after December 31, 2005.

26 USC 30A note.

SEC. 119. AMERICAN SAMOA ECONOMIC DEVELOPMENT CREDIT.

Corporations.

(a) IN GENERAL.—For purposes of section 30A of the Internal
Revenue Code of 1986, a domestic corporation shall be treated
as a qualified domestic corporation to which such section applies
if such corporation—
(1) is an existing credit claimant with respect to American
Samoa, and
(2) elected the application of section 936 of the Internal
Revenue Code of 1986 for its last taxable year beginning before
January 1, 2006.
(b) SPECIAL RULES FOR APPLICATION OF SECTION.—The following rules shall apply in applying section 30A of the Internal
Revenue Code of 1986 for purposes of this section:
(1) AMOUNT OF CREDIT.—Notwithstanding section 30A(a)(1)
of such Code, the amount of the credit determined under section
30A(a)(1) of such Code for any taxable year shall be the amount
determined under section 30A(d) of such Code, except that
section 30A(d) shall be applied without regard to paragraph
(3) thereof.
(2) SEPARATE APPLICATION.—In applying section 30A(a)(3)
of such Code in the case of a corporation treated as a qualified
domestic corporation by reason of this section, section 30A
of such Code (and so much of section 936 of such Code as
relates to such section 30A) shall be applied separately with
respect to American Samoa.
(3) FOREIGN TAX CREDIT ALLOWED.—Notwithstanding section 30A(e) of such Code, the provisions of section 936(c) of
such Code shall not apply with respect to the credit allowed
by reason of this section.
(c) DEFINITIONS.—For purposes of this section, any term which
is used in this section which is also used in section 30A or 936
of such Code shall have the same meaning given such term by
such section 30A or 936.

26 USC 613A.

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(d) APPLICATION OF SECTION.—Notwithstanding section 30A(h)
or section 936(j) of such Code, this section (and so much of section
30A and section 936 of such Code as relates to this section) shall
apply to the first two taxable years of a corporation to which
subsection (a) applies which begin after December 31, 2005, and
before January 1, 2008.
SEC. 120. EXTENSION OF BONUS DEPRECIATION FOR CERTAIN QUALIFIED GULF OPPORTUNITY ZONE PROPERTY.

(a) IN GENERAL.—Subsection (d) of section 1400N is amended
by adding at the end the following new paragraph:
‘‘(6) EXTENSION FOR CERTAIN PROPERTY.—
‘‘(A) IN GENERAL.—In the case of any specified Gulf
Opportunity Zone extension property, paragraph (2)(A)
shall be applied without regard to clause (v) thereof.
‘‘(B) SPECIFIED GULF OPPORTUNITY ZONE EXTENSION
PROPERTY.—For purposes of this paragraph, the term ‘specified Gulf Opportunity Zone extension property’ means
property—
‘‘(i) substantially all of the use of which is in one
or more specified portions of the GO Zone, and
‘‘(ii) which is—
‘‘(I) nonresidential real property or residential
rental property which is placed in service by the
taxpayer on or before December 31, 2010, or
‘‘(II) in the case of a taxpayer who places a
building described in subclause (I) in service on
or before December 31, 2010, property described
in section 168(k)(2)(A)(i) if substantially all of the
use of such property is in such building and such
property is placed in service by the taxpayer not
later than 90 days after such building is placed
in service.
‘‘(C) SPECIFIED PORTIONS OF THE GO ZONE.—For purposes of this paragraph, the term ‘specified portions of
the GO Zone’ means those portions of the GO Zone which
are in any county or parish which is identified by the
Secretary as being a county or parish in which hurricanes
occurring during 2005 damaged (in the aggregate) more
than 60 percent of the housing units in such county or
parish which were occupied (determined according to the
2000 Census).
‘‘(D) ONLY PRE-JANUARY 1, 2010, BASIS OF REAL PROPERTY ELIGIBLE FOR ADDITIONAL ALLOWANCE.—In the case
of property which is qualified Gulf Opportunity Zone property solely by reason of subparagraph (B)(ii)(I), paragraph
(1) shall apply only to the extent of the adjusted basis
thereof attributable to manufacture, construction, or
production before January 1, 2010.’’.
(b) EXTENSION NOT APPLICABLE TO INCREASED SECTION 179
EXPENSING.—Paragraph (2) of section 1400N(e) is amended by
inserting ‘‘without regard to subsection (d)(6)’’ after ‘‘subsection
(d)(2)’’.
(c) EFFECTIVE DATE.—The amendments made by this section
shall take effect as if included in section 101 of the Gulf Opportunity
Zone Act of 2005.

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26 USC 1400N.

26 USC 1400N
note.

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SEC. 121. AUTHORITY FOR UNDERCOVER OPERATIONS.

Paragraph (6) of section 7608(c) (relating to application of section) is amended by striking ‘‘2007’’ both places it appears and
inserting ‘‘2008’’.

26 USC 7608.

SEC. 122. DISCLOSURES OF CERTAIN TAX RETURN INFORMATION.

(a) DISCLOSURES TO FACILITATE COMBINED EMPLOYMENT TAX
REPORTING.—
(1) IN GENERAL.—Subparagraph (B) of section 6103(d)(5)
(relating to termination) is amended by striking ‘‘2006’’ and
inserting ‘‘2007’’.
(2) EFFECTIVE DATE.—The amendment made by paragraph
(1) shall apply to disclosures after December 31, 2006.
(b) DISCLOSURES RELATING TO TERRORIST ACTIVITIES.—
(1) IN GENERAL.—Clause (iv) of section 6103(i)(3)(C) and
subparagraph (E) of section 6103(i)(7) are each amended by
striking ‘‘2006’’ and inserting ‘‘2007’’.
(2) EFFECTIVE DATE.—The amendments made by paragraph
(1) shall apply to disclosures after December 31, 2006.
(c) DISCLOSURES RELATING TO STUDENT LOANS.—
(1) IN GENERAL.—Subparagraph (D) of section 6103(l)(13)
(relating to termination) is amended by striking ‘‘2006’’ and
inserting ‘‘2007’’.
(2) EFFECTIVE DATE.—The amendment made by paragraph
(1) shall apply to requests made after December 31, 2006.

26 USC 6103
note.

26 USC 6103
note.

26 USC 6103
note.
26 USC 41 note.

SEC. 123. SPECIAL RULE FOR ELECTIONS UNDER EXPIRED PROVISIONS.

Deadline.

(a) RESEARCH CREDIT ELECTIONS.—In the case of any taxable
year ending after December 31, 2005, and before the date of the
enactment of this Act, any election under section 41(c)(4) or section
280C(c)(3)(C) of the Internal Revenue Code of 1986 shall be treated
as having been timely made for such taxable year if such election
is made not later than the later of April 15, 2007, or such time
as the Secretary of the Treasury, or his designee, may specify.
Such election shall be made in the manner prescribed by such
Secretary or designee.
(b) OTHER ELECTIONS.—Except as otherwise provided by such
Secretary or designee, a rule similar to the rule of subsection
(a) shall apply with respect to elections under any other expired
provision of the Internal Revenue Code of 1986 the applicability
of which is extended by reason of the amendments made by this
title.

TITLE II—ENERGY TAX PROVISIONS
SEC. 201. CREDIT FOR ELECTRICITY PRODUCED FROM CERTAIN
RENEWABLE RESOURCES.

Subsection (d) of section 45 is amended by striking ‘‘January
1, 2008’’ each place it appears and inserting ‘‘January 1, 2009’’.
SEC. 202. CREDIT TO HOLDERS OF CLEAN RENEWABLE ENERGY
BONDS.

(a) IN GENERAL.—Section 54 is amended—
(1) by striking ‘‘$800,000,000’’ in subsection (f)(1) and
inserting ‘‘$1,200,000,000’’,

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120 STAT. 2945

(2) by striking ‘‘$500,000,000’’ in subsection (f)(2) and
inserting ‘‘$750,000,000’’, and
(3) by striking ‘‘December 31, 2007’’ in subsection (m) and
inserting ‘‘December 31, 2008’’.
(b) EFFECTIVE DATES.—
(1) IN GENERAL.—The amendments made by paragraphs
(1) and (3) of subsection (a) shall apply to bonds issued after
December 31, 2006.
(2) ALLOCATIONS.—The amendment made by subsection
(a)(2) shall apply to allocations or reallocations after December
31, 2006.

26 USC 54 note.

SEC. 203. PERFORMANCE STANDARDS FOR SULFUR DIOXIDE REMOVAL
IN ADVANCED COAL-BASED GENERATION TECHNOLOGY
UNITS DESIGNED TO USE SUBBITUMINOUS COAL.

(a) IN GENERAL.—Paragraph (1) of section 48A(f) (relating to
advanced coal-based generation technology) is amended by adding
at the end the following new flush sentence:
‘‘For purposes of the performance requirement specified for
the removal of SO2 in the table contained in subparagraph
(B), the SO2 removal design level in the case of a unit designed
for the use of feedstock substantially all of which is subbituminous coal shall be 99 percent SO2 removal or the achievement
of an emission level of 0.04 pounds or less of SO2 per million
Btu, determined on a 30-day average.’’.
(b) EFFECTIVE DATE.—The amendment made by this section
shall take apply with respect to applications for certification under
section 48A(d)(2) of the Internal Revenue Code of 1986 submitted
after October 2, 2006.
SEC.

204.

DEDUCTION FOR
BUILDINGS.

ENERGY

EFFICIENT

26 USC 48A.

26 USC 48A note.

COMMERCIAL

Subsection (h) of section 179D is amended by striking
‘‘December 31, 2007’’ and inserting ‘‘December 31, 2008’’.
SEC. 205. CREDIT FOR NEW ENERGY EFFICIENT HOMES.

Subsection (g) of section 45L is amended by striking ‘‘December
31, 2007’’ and inserting ‘‘December 31, 2008’’.
SEC. 206. CREDIT FOR RESIDENTIAL ENERGY EFFICIENT PROPERTY.

(a) EXTENSION.—Subsection (g) of section 25D is amended by
striking ‘‘December 31, 2007’’ and inserting ‘‘December 31, 2008’’.
(b) CLARIFICATION OF TERM.—
(1) Subsections (a)(1), (b)(1)(A), and (e)(4)(A)(i) of section
25D are each amended by striking ‘‘qualified photovoltaic property expenditures’’ and inserting ‘‘qualified solar electric property expenditures’’.
(2) Section 25D(d)(2) is amended—
(A) by striking ‘‘qualified photovoltaic property
expenditure’’ and inserting ‘‘qualified solar electric property
expenditure’’, and
(B) in the heading by striking ‘‘QUALIFIED PHOTOVOLTAIC PROPERTY EXPENDITURE’’ and inserting ‘‘QUALIFIED
SOLAR ELECTRIC PROPERTY EXPENDITURE’’.
SEC. 207. ENERGY CREDIT.

Section 48 is amended—

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120 STAT. 2946

PUBLIC LAW 109–432—DEC. 20, 2006
(1) by striking ‘‘January 1, 2008’’ both places it appears
and inserting ‘‘January 1, 2009’’, and
(2) by striking ‘‘December 31, 2007’’ both places it appears
and inserting ‘‘December 31, 2008’’.

SEC. 208. SPECIAL RULE FOR QUALIFIED METHANOL OR ETHANOL
FUEL.
26 USC 4041.

(a) EXTENSION.—Subparagraph (D) of section 4041(b)(2) is
amended by striking ‘‘October 1, 2007’’ and inserting ‘‘January
1, 2009’’.
(b) APPLICABLE BLENDER RATE.—Section 4041(b)(2)(C)(ii) is
amended by striking ‘‘2007’’ and inserting ‘‘2008’’.
(c) CLERICAL AMENDMENT.—The heading for section
4041(b)(2)(B) is amended to read as follows: ‘‘QUALIFIED METHANOL
AND ETHANOL FUEL PRODUCED FROM COAL’’.
SEC. 209. SPECIAL DEPRECIATION ALLOWANCE FOR CELLULOSIC BIOMASS ETHANOL PLANT PROPERTY.

Deadline.

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(a) IN GENERAL.—Section 168 (relating to accelerated cost
recovery system) is amended by adding at the end the following:
‘‘(l) SPECIAL ALLOWANCE FOR CELLULOSIC BIOMASS ETHANOL
PLANT PROPERTY.—
‘‘(1) ADDITIONAL ALLOWANCE.—In the case of any qualified
cellulosic biomass ethanol plant property—
‘‘(A) the depreciation deduction provided by section
167(a) for the taxable year in which such property is placed
in service shall include an allowance equal to 50 percent
of the adjusted basis of such property, and
‘‘(B) the adjusted basis of such property shall be
reduced by the amount of such deduction before computing
the amount otherwise allowable as a depreciation deduction
under this chapter for such taxable year and any subsequent taxable year.
‘‘(2) QUALIFIED CELLULOSIC BIOMASS ETHANOL PLANT PROPERTY.—The term ‘qualified cellulosic biomass ethanol plant
property’ means property of a character subject to the allowance
for depreciation—
‘‘(A) which is used in the United States solely to
produce cellulosic biomass ethanol,
‘‘(B) the original use of which commences with the
taxpayer after the date of the enactment of this subsection,
‘‘(C) which is acquired by the taxpayer by purchase
(as defined in section 179(d)) after the date of the enactment of this subsection, but only if no written binding
contract for the acquisition was in effect on or before the
date of the enactment of this subsection, and
‘‘(D) which is placed in service by the taxpayer before
January 1, 2013.
‘‘(3) CELLULOSIC BIOMASS ETHANOL.—For purposes of this
subsection, the term ‘cellulosic biomass ethanol’ means ethanol
produced by enzymatic hydrolysis of any lignocellulosic or
hemicellulosic matter that is available on a renewable or recurring basis.
‘‘(4) EXCEPTIONS.—
‘‘(A) ALTERNATIVE DEPRECIATION PROPERTY.—Such
term shall not include any property described in section
168(k)(2)(D)(i).

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‘‘(B) TAX-EXEMPT BOND-FINANCED PROPERTY.—Such
term shall not include any property any portion of which
is financed with the proceeds of any obligation the interest
on which is exempt from tax under section 103.
‘‘(C) ELECTION OUT.—If a taxpayer makes an election
under this subparagraph with respect to any class of property for any taxable year, this subsection shall not apply
to all property in such class placed in service during such
taxable year.
‘‘(5) SPECIAL RULES.—For purposes of this subsection, rules
similar to the rules of subparagraph (E) of section 168(k)(2)
shall apply, except that such subparagraph shall be applied—
‘‘(A) by substituting ‘the date of the enactment of subsection (l)’ for ‘September 10, 2001’ each place it appears
therein,
‘‘(B) by substituting ‘January 1, 2013’ for ‘January
1, 2005’ in clause (i) thereof, and
‘‘(C) by substituting ‘qualified cellulosic biomass ethanol plant property’ for ‘qualified property’ in clause (iv)
thereof.
‘‘(6) ALLOWANCE AGAINST ALTERNATIVE MINIMUM TAX.—For
purposes of this subsection, rules similar to the rules of section
168(k)(2)(G) shall apply.
‘‘(7) RECAPTURE.—For purposes of this subsection, rules
similar to the rules under section 179(d)(10) shall apply with
respect to any qualified cellulosic biomass ethanol plant property which ceases to be qualified cellulosic biomass ethanol
plant property.
‘‘(8) DENIAL OF DOUBLE BENEFIT.—Paragraph (1) shall not
apply to any qualified cellulosic biomass ethanol plant property
with respect to which an election has been made under section
179C (relating to election to expense certain refineries).’’.
(b) EFFECTIVE DATE.—The amendment made by this section
shall apply to property placed in service after the date of the
enactment of this Act in taxable years ending after such date.

Applicability.

Applicability.

26 USC 168 note.

SEC. 210. EXPENDITURES PERMITTED FROM THE LEAKING UNDERGROUND STORAGE TANK TRUST FUND.

(a) IN GENERAL.—Subsection (c) of section 9508 is amended—
(1) by striking ‘‘section 9003(h)’’ and inserting ‘‘sections
9003(h), 9003(i), 9003(j), 9004(f), 9005(c), 9010, 9011, 9012,
and 9013’’, and
(2) by striking ‘‘Superfund Amendments and Reauthorization Act of 1986’’ and inserting ‘‘Public Law 109–168’’.
(b) CONFORMING AMENDMENTS.—Section 9014(2) of the Solid
Waste Disposal Act is amended by striking ‘‘Fund, notwithstanding
section 9508(c)(1) of the Internal Revenue Code of 1986’’ and
inserting ‘‘Fund’’.
(c) EFFECTIVE DATE.—The amendments made by this section
shall take effect on the date of the enactment of this Act.

26 USC 9508.

42 USC 6991m.

26 USC 9508
note.

SEC. 211. TREATMENT OF COKE AND COKE GAS.

(a) NONAPPLICATION OF PHASEOUT.—Section 45K(g)(2) is
amended by adding at the end the following new subparagraph:
‘‘(D) NONAPPLICATION OF PHASEOUT.—Subsection (b)(1)
shall not apply.’’.

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120 STAT. 2948

PUBLIC LAW 109–432—DEC. 20, 2006

(b) CLARIFICATION OF QUALIFYING FACILITY.—Section 45K(g)(1)
is amended by inserting ‘‘(other than from petroleum based products)’’ after ‘‘coke or coke gas’’.
(c) EFFECTIVE DATE.—The amendments made by this section
shall take effect as if included in section 1321 of the Energy Policy
Act of 2005.

26 USC 45K
note.

Health
Opportunity
Patient
Empowerment
Act of 2006.
26 USC 1 note.

TITLE III—HEALTH SAVINGS ACCOUNTS
SEC. 301. SHORT TITLE.

This title may be cited as the ‘‘Health Opportunity Patient
Empowerment Act of 2006’’.
SEC. 302. FSA AND HRA TERMINATIONS TO FUND HSAS.

26 USC 106.

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(a) IN GENERAL.—Section 106 (relating to contributions by
employer to accident and health plans) is amended by adding at
the end the following new subsection:
‘‘(e) FSA AND HRA TERMINATIONS TO FUND HSAS.—
‘‘(1) IN GENERAL.—A plan shall not fail to be treated as
a health flexible spending arrangement or health reimbursement arrangement under this section or section 105 merely
because such plan provides for a qualified HSA distribution.
‘‘(2) QUALIFIED HSA DISTRIBUTION.—The term ‘qualified
HSA distribution’ means a distribution from a health flexible
spending arrangement or health reimbursement arrangement
to the extent that such distribution—
‘‘(A) does not exceed the lesser of the balance in such
arrangement on September 21, 2006, or as of the date
of such distribution, and
‘‘(B) is contributed by the employer directly to the
health savings account of the employee before January
1, 2012.
Such term shall not include more than 1 distribution with
respect to any arrangement.
‘‘(3) ADDITIONAL TAX FOR FAILURE TO MAINTAIN HIGH
DEDUCTIBLE HEALTH PLAN COVERAGE.—
‘‘(A) IN GENERAL.—If, at any time during the testing
period, the employee is not an eligible individual, then
the amount of the qualified HSA distribution—
‘‘(i) shall be includible in the gross income of the
employee for the taxable year in which occurs the
first month in the testing period for which such
employee is not an eligible individual, and
‘‘(ii) the tax imposed by this chapter for such taxable year on the employee shall be increased by 10
percent of the amount which is so includible.
‘‘(B) EXCEPTION FOR DISABILITY OR DEATH.—Clauses
(i) and (ii) of subparagraph (A) shall not apply if the
employee ceases to be an eligible individual by reason
of the death of the employee or the employee becoming
disabled (within the meaning of section 72(m)(7)).
‘‘(4) DEFINITIONS AND SPECIAL RULES.—For purposes of this
subsection—
‘‘(A) TESTING PERIOD.—The term ‘testing period’ means
the period beginning with the month in which the qualified
HSA distribution is contributed to the health savings

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account and ending on the last day of the 12th month
following such month.
‘‘(B) ELIGIBLE INDIVIDUAL.—The term ‘eligible individual’ has the meaning given such term by section
223(c)(1).
‘‘(C) TREATMENT AS ROLLOVER CONTRIBUTION.—A qualified HSA distribution shall be treated as a rollover contribution described in section 223(f)(5).
‘‘(5) TAX TREATMENT RELATING TO DISTRIBUTIONS.—For purposes of this title—
‘‘(A) IN GENERAL.—A qualified HSA distribution shall
be treated as a payment described in subsection (d).
‘‘(B) COMPARABILITY EXCISE TAX.—
‘‘(i) IN GENERAL.—Except as provided in clause
(ii), section 4980G shall not apply to qualified HSA
distributions.
‘‘(ii) FAILURE TO OFFER TO ALL EMPLOYEES.—In
the case of a qualified HSA distribution to any
employee, the failure to offer such distribution to any
eligible individual covered under a high deductible
health plan of the employer shall (notwithstanding
section 4980G(d)) be treated for purposes of section
4980G as a failure to meet the requirements of section
4980G(b).’’.
(b) CERTAIN FSA COVERAGE DISREGARDED COVERAGE.—
Subparagraph (B) of section 223(c)(1) (relating to certain coverage
disregarded) is amended by striking ‘‘and’’ at the end of clause
(i), by striking the period at the end of clause (ii) and inserting
‘‘, and’’, and by inserting after clause (ii) the following new clause:
‘‘(iii) for taxable years beginning after December
31, 2006, coverage under a health flexible spending
arrangement during any period immediately following
the end of a plan year of such arrangement during
which unused benefits or contributions remaining at
the end of such plan year may be paid or reimbursed
to plan participants for qualified benefit expenses
incurred during such period if—
‘‘(I) the balance in such arrangement at the
end of such plan year is zero, or
‘‘(II) the individual is making a qualified HSA
distribution (as defined in section 106(e)) in an
amount equal to the remaining balance in such
arrangement as of the end of such plan year, in
accordance with rules prescribed by the Secretary.’’.
(c) APPLICATION OF SECTION.—
(1) SUBSECTION (a).—The amendment made by subsection
(a) shall apply to distributions on or after the date of the
enactment of this Act.
(2) SUBSECTION (b).—The amendment made by subsection
(b) shall take effect on the date of the enactment of this Act.

26 USC 106 note.

Effective date.
26 USC 223 note.

SEC. 303. REPEAL OF ANNUAL DEDUCTIBLE LIMITATION ON HSA CONTRIBUTIONS.

(a) IN GENERAL.—Paragraph (2) of section 223(b) (relating to
monthly limitation) is amended—

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120 STAT. 2950

26 USC 223 note.
Applicability.
Publication.
Deadline.

PUBLIC LAW 109–432—DEC. 20, 2006

(1) in subparagraph (A) by striking ‘‘the lesser of—’’ and
all that follows and inserting ‘‘$2,250.’’, and
(2) in subparagraph (B) by striking ‘‘the lesser of—’’ and
all that follows and inserting ‘‘$4,500.’’.
(b) CONFORMING AMENDMENT.—Section 223(d)(1)(A)(ii)(I) is
amended by striking ‘‘subsection (b)(2)(B)(ii)’’ and inserting ‘‘subsection (b)(2)(B)’’.
(c) EFFECTIVE DATE.—The amendments made by this section
shall apply to taxable years beginning after December 31, 2006.
SEC. 304. MODIFICATION OF COST-OF-LIVING ADJUSTMENT.

Paragraph (1) of section 223(g) (relating to cost-of-living adjustment) is amended by adding at the end the following new flush
sentence:
‘‘In the case of adjustments made for any taxable year beginning
after 2007, section 1(f)(4) shall be applied for purposes of this
paragraph by substituting ‘March 31’ for ‘August 31’, and the
Secretary shall publish the adjusted amounts under subsections
(b)(2) and (c)(2)(A) for taxable years beginning in any calendar
year no later than June 1 of the preceding calendar year.’’.
SEC. 305. CONTRIBUTION LIMITATION NOT REDUCED FOR PART-YEAR
COVERAGE.

(a) INCREASE IN LIMIT FOR INDIVIDUALS BECOMING ELIGIBLE
INDIVIDUALS AFTER BEGINNING OF THE YEAR.—Subsection (b) of
section 223 (relating to limitations) is amended by adding at the
end the following new paragraph:
‘‘(8) INCREASE IN LIMIT FOR INDIVIDUALS BECOMING ELIGIBLE
INDIVIDUALS AFTER THE BEGINNING OF THE YEAR.—
‘‘(A) IN GENERAL.—For purposes of computing the
limitation under paragraph (1) for any taxable year, an
individual who is an eligible individual during the last
month of such taxable year shall be treated—
‘‘(i) as having been an eligible individual during
each of the months in such taxable year, and
‘‘(ii) as having been enrolled, during each of the
months such individual is treated as an eligible individual solely by reason of clause (i), in the same high
deductible health plan in which the individual was
enrolled for the last month of such taxable year.
‘‘(B) FAILURE TO MAINTAIN HIGH DEDUCTIBLE HEALTH
PLAN COVERAGE.—
‘‘(i) IN GENERAL.—If, at any time during the testing
period, the individual is not an eligible individual,
then—
‘‘(I) gross income of the individual for the taxable year in which occurs the first month in the
testing period for which such individual is not
an eligible individual is increased by the aggregate
amount of all contributions to the health savings
account of the individual which could not have
been made but for subparagraph (A), and
‘‘(II) the tax imposed by this chapter for any
taxable year on the individual shall be increased
by 10 percent of the amount of such increase.
‘‘(ii) EXCEPTION FOR DISABILITY OR DEATH.—Subclauses (I) and (II) of clause (i) shall not apply if
the individual ceased to be an eligible individual by

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reason of the death of the individual or the individual
becoming disabled (within the meaning of section
72(m)(7)).
‘‘(iii) TESTING PERIOD.—The term ‘testing period’
means the period beginning with the last month of
the taxable year referred to in subparagraph (A) and
ending on the last day of the 12th month following
such month.’’.
(b) EFFECTIVE DATE.—The amendments made by this section
shall apply to taxable years beginning after December 31, 2006.

26 USC 223 note.

SEC. 306. EXCEPTION TO REQUIREMENT FOR EMPLOYERS TO MAKE
COMPARABLE HEALTH SAVINGS ACCOUNT CONTRIBUTIONS.

(a) IN GENERAL.—Section 4980G (relating to failure of employer
to make comparable health savings account contributions) is
amended by adding at the end the following new subsection:
‘‘(d) EXCEPTION.—For purposes of applying section 4980E to
a contribution to a health savings account of an employee who
is not a highly compensated employee (as defined in section 414(q)),
highly compensated employees shall not be treated as comparable
participating employees.’’.
(b) EFFECTIVE DATE.—The amendment made by this section
shall apply to taxable years beginning after December 31, 2006.

26 USC 4980G.

26 USC 4980G
note.

SEC. 307. ONE-TIME DISTRIBUTION FROM INDIVIDUAL RETIREMENT
PLANS TO FUND HSAs.

(a) IN GENERAL.—Subsection (d) of section 408 (relating to
taxability of beneficiary of employees’ trust) is amended by adding
at the end the following new paragraph:
‘‘(9) DISTRIBUTION FOR HEALTH SAVINGS ACCOUNT
FUNDING.—
‘‘(A) IN GENERAL.—In the case of an individual who
is an eligible individual (as defined in section 223(c)) and
who elects the application of this paragraph for a taxable
year, gross income of the individual for the taxable year
does not include a qualified HSA funding distribution to
the extent such distribution is otherwise includible in gross
income.
‘‘(B) QUALIFIED HSA FUNDING DISTRIBUTION.—For purposes of this paragraph, the term ‘qualified HSA funding
distribution’ means a distribution from an individual retirement plan (other than a plan described in subsection (k)
or (p)) of the employee to the extent that such distribution
is contributed to the health savings account of the individual in a direct trustee-to-trustee transfer.
‘‘(C) LIMITATIONS.—
‘‘(i) MAXIMUM DOLLAR LIMITATION.—The amount
excluded from gross income by subparagraph (A) shall
not exceed the excess of—
‘‘(I) the annual limitation under section 223(b)
computed on the basis of the type of coverage
under the high deductible health plan covering
the individual at the time of the qualified HSA
funding distribution, over
‘‘(II) in the case of a distribution described
in clause (ii)(II), the amount of the earlier qualified
HSA funding distribution.

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120 STAT. 2952

PUBLIC LAW 109–432—DEC. 20, 2006
‘‘(ii) ONE-TIME TRANSFER.—
‘‘(I) IN GENERAL.—Except as provided in subclause (II), an individual may make an election
under subparagraph (A) only for one qualified HSA
funding distribution during the lifetime of the individual. Such an election, once made, shall be irrevocable.
‘‘(II) CONVERSION FROM SELF-ONLY TO FAMILY
COVERAGE.—If a qualified HSA funding distribution is made during a month in a taxable year
during which an individual has self-only coverage
under a high deductible health plan as of the
first day of the month, the individual may elect
to make an additional qualified HSA funding distribution during a subsequent month in such taxable year during which the individual has family
coverage under a high deductible health plan as
of the first day of the subsequent month.
‘‘(D) FAILURE TO MAINTAIN HIGH DEDUCTIBLE HEALTH
PLAN COVERAGE.—
‘‘(i) IN GENERAL.—If, at any time during the testing
period, the individual is not an eligible individual,
then the aggregate amount of all contributions to the
health savings account of the individual made under
subparagraph (A)—
‘‘(I) shall be includible in the gross income
of the individual for the taxable year in which
occurs the first month in the testing period for
which such individual is not an eligible individual,
and
‘‘(II) the tax imposed by this chapter for any
taxable year on the individual shall be increased
by 10 percent of the amount which is so includible.
‘‘(ii) EXCEPTION FOR DISABILITY OR DEATH.—Subclauses (I) and (II) of clause (i) shall not apply if
the individual ceased to be an eligible individual by
reason of the death of the individual or the individual
becoming disabled (within the meaning of section
72(m)(7)).
‘‘(iii) TESTING PERIOD.—The term ‘testing period’
means the period beginning with the month in which
the qualified HSA funding distribution is contributed
to a health savings account and ending on the last
day of the 12th month following such month.
‘‘(E) APPLICATION OF SECTION 72.—Notwithstanding
section 72, in determining the extent to which an amount
is treated as otherwise includible in gross income for purposes of subparagraph (A), the aggregate amount distributed from an individual retirement plan shall be treated
as includible in gross income to the extent that such
amount does not exceed the aggregate amount which would
have been so includible if all amounts from all individual
retirement plans were distributed. Proper adjustments
shall be made in applying section 72 to other distributions
in such taxable year and subsequent taxable years.’’.

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(b) COORDINATION WITH LIMITATION ON CONTRIBUTIONS TO
HSAS.—Section 223(b)(4) (relating to coordination with other contributions) is amended by striking ‘‘and’’ at the end of subparagraph
(A), by striking the period at the end of subparagraph (B) and
inserting ‘‘, and’’, and by inserting after subparagraph (B) the
following new subparagraph:
‘‘(C) the aggregate amount contributed to health
savings accounts of such individual for such taxable year
under section 408(d)(9) (and such amount shall not be
allowed as a deduction under subsection (a)).’’.
(c) EFFECTIVE DATE.—The amendments made by this section
shall apply to taxable years beginning after December 31, 2006.

26 USC 223 note.

TITLE IV—OTHER PROVISIONS
SEC. 401. DEDUCTION ALLOWABLE WITH RESPECT TO INCOME ATTRIBUTABLE TO DOMESTIC PRODUCTION ACTIVITIES IN
PUERTO RICO.

(a) IN GENERAL.—Subsection (d) of section 199 (relating to
definitions and special rules) is amended by redesignating paragraph (8) as paragraph (9) and by inserting after paragraph (7)
the following new paragraph:
‘‘(8) TREATMENT OF ACTIVITIES IN PUERTO RICO.—
‘‘(A) IN GENERAL.—In the case of any taxpayer with
gross receipts for any taxable year from sources within
the Commonwealth of Puerto Rico, if all of such receipts
are taxable under section 1 or 11 for such taxable year,
then for purposes of determining the domestic production
gross receipts of such taxpayer for such taxable year under
subsection (c)(4), the term ‘United States’ shall include
the Commonwealth of Puerto Rico.
‘‘(B) SPECIAL RULE FOR APPLYING WAGE LIMITATION.—
In the case of any taxpayer described in subparagraph
(A), for purposes of applying the limitation under subsection
(b) for any taxable year, the determination of W–2 wages
of such taxpayer shall be made without regard to any
exclusion under section 3401(a)(8) for remuneration paid
for services performed in Puerto Rico.
‘‘(C) TERMINATION.—This paragraph shall apply only
with respect to the first 2 taxable years of the taxpayer
beginning after December 31, 2005, and before January
1, 2008.’’.
(b) EFFECTIVE DATE.—The amendments made by subsection
(a) shall apply to taxable years beginning after December 31, 2005.

26 USC 199.

26 USC 199 note.

SEC. 402. CREDIT FOR PRIOR YEAR MINIMUM TAX LIABILITY MADE
REFUNDABLE AFTER PERIOD OF YEARS.

(a) IN GENERAL.—Section 53 (relating to credit for prior year
minimum tax liability) is amended by adding at the end the following new subsection:
‘‘(e) SPECIAL RULE FOR INDIVIDUALS WITH LONG-TERM UNUSED
CREDITS.—
‘‘(1) IN GENERAL.—If an individual has a long-term unused
minimum tax credit for any taxable year beginning before
January 1, 2013, the amount determined under subsection (c)

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26 USC 6211.

26 USC 53 note.

PUBLIC LAW 109–432—DEC. 20, 2006

for such taxable year shall not be less than the AMT refundable
credit amount for such taxable year.
‘‘(2) AMT REFUNDABLE CREDIT AMOUNT.—For purposes of
paragraph (1)—
‘‘(A) IN GENERAL.—The term ‘AMT refundable credit
amount’ means, with respect to any taxable year, the
amount equal to the greater of—
‘‘(i) the lesser of—
‘‘(I) $5,000, or
‘‘(II) the amount of long-term unused minimum tax credit for such taxable year, or
‘‘(ii) 20 percent of the amount of such credit.
‘‘(B) PHASEOUT OF AMT REFUNDABLE CREDIT AMOUNT.—
‘‘(i) IN GENERAL.—In the case of an individual
whose adjusted gross income for any taxable year
exceeds the threshold amount (within the meaning
of section 151(d)(3)(C)), the AMT refundable credit
amount determined under subparagraph (A) for such
taxable year shall be reduced by the applicable percentage (within the meaning of section 151(d)(3)(B)).
‘‘(ii) ADJUSTED GROSS INCOME.—For purposes of
clause (i), adjusted gross income shall be determined
without regard to sections 911, 931, and 933.
‘‘(3) LONG-TERM UNUSED MINIMUM TAX CREDIT.—
‘‘(A) IN GENERAL.—For purposes of this subsection, the
term ‘long-term unused minimum tax credit’ means, with
respect to any taxable year, the portion of the minimum
tax credit determined under subsection (b) attributable to
the adjusted net minimum tax for taxable years before
the 3rd taxable year immediately preceding such taxable
year.
‘‘(B) FIRST-IN, FIRST-OUT ORDERING RULE.—For purposes of subparagraph (A), credits shall be treated as
allowed under subsection (a) on a first-in, first-out basis.
‘‘(4) CREDIT REFUNDABLE.—For purposes of this title (other
than this section), the credit allowed by reason of this subsection shall be treated as if it were allowed under subpart
C.’’.
(b) CONFORMING AMENDMENTS.—
(1) Section 6211(b)(4)(A) is amended by striking ‘‘and 34’’
and inserting ‘‘34, and 53(e)’’.
(2) Paragraph (2) of section 1324(b) of title 31, United
States Code, is amended by inserting ‘‘or 53(e)’’ after ‘‘section
35’’.
(c) EFFECTIVE DATE.—The amendments made by this section
shall apply to taxable years beginning after the date of the enactment of this Act.
SEC. 403. RETURNS REQUIRED IN CONNECTION WITH CERTAIN
OPTIONS.

(a) IN GENERAL.—So much of section 6039(a) as follows paragraph (2) is amended to read as follows:
‘‘shall, for such calendar year, make a return at such time and
in such manner, and setting forth such information, as the Secretary
may by regulations prescribe.’’.
(b) STATEMENTS TO PERSONS WITH RESPECT TO WHOM INFORMATION IS FURNISHED.—Section 6039 is amended by redesignating

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subsections (b) and (c) as subsections (c) and (d), respectively,
and by inserting after subsection (a) the following new subsection:
‘‘(b) STATEMENTS TO BE FURNISHED TO PERSONS WITH RESPECT
TO WHOM INFORMATION IS REPORTED.—Every corporation making
a return under subsection (a) shall furnish to each person whose
name is set forth in such return a written statement setting forth
such information as the Secretary may by regulations prescribe.
The written statement required under the preceding sentence shall
be furnished to such person on or before January 31 of the year
following the calendar year for which the return under subsection
(a) was made.’’.
(c) CONFORMING AMENDMENTS.—
(1) Section 6724(d)(1)(B) is amended by striking ‘‘or’’ at
the end of clause (xvii), by striking ‘‘and’’ at the end of clause
(xviii) and inserting ‘‘or’’, and by adding at the end the following
new clause:
‘‘(xix) section 6039(a) (relating to returns required
with respect to certain options), and’’.
(2) Section 6724(d)(2)(B) is amended by striking ‘‘section
6039(a)’’ and inserting ‘‘section 6039(b)’’.
(3) The heading of section 6039 and the item relating
to such section in the table of sections of subpart A of part
III of subchapter A of chapter 61 of such Code are each amended
by striking ‘‘Information’’ and inserting ‘‘Returns’’.
(4) The heading of subsection (a) of section 6039 is amended
by striking ‘‘FURNISHING OF INFORMATION’’ and inserting
‘‘REQUIREMENT OF REPORTING’’.
(d) EFFECTIVE DATE.—The amendments made by this section
shall apply to calendar years beginning after the date of the enactment of this Act.

Corporations.

Deadline.

26 USC 6724.

26 USC 6039
note.

SEC. 404. PARTIAL EXPENSING FOR ADVANCED MINE SAFETY EQUIPMENT.

(a) IN GENERAL.—Part VI of subchapter B of chapter 1 is
amended by inserting after section 179D the following new section:
‘‘SEC. 179E. ELECTION TO EXPENSE ADVANCED MINE SAFETY EQUIPMENT.

‘‘(a) TREATMENT AS EXPENSES.—A taxpayer may elect to treat
50 percent of the cost of any qualified advanced mine safety equipment property as an expense which is not chargeable to capital
account. Any cost so treated shall be allowed as a deduction for
the taxable year in which the qualified advanced mine safety equipment property is placed in service.
‘‘(b) ELECTION.—
‘‘(1) IN GENERAL.—An election under this section for any
taxable year shall be made on the taxpayer’s return of the
tax imposed by this chapter for the taxable year. Such election
shall specify the advanced mine safety equipment property
to which the election applies and shall be made in such manner
as the Secretary may by regulations prescribe.
‘‘(2) ELECTION IRREVOCABLE.—Any election made under this
section may not be revoked except with the consent of the
Secretary.
‘‘(c) QUALIFIED ADVANCED MINE SAFETY EQUIPMENT PROPERTY.—For purposes of this section, the term ‘qualified advanced
mine safety equipment property’ means any advanced mine safety

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26 USC 263.

PUBLIC LAW 109–432—DEC. 20, 2006

equipment property for use in any underground mine located in
the United States—
‘‘(1) the original use of which commences with the taxpayer,
and
‘‘(2) which is placed in service by the taxpayer after the
date of the enactment of this section.
‘‘(d) ADVANCED MINE SAFETY EQUIPMENT PROPERTY.—For purposes of this section, the term ‘advanced mine safety equipment
property’ means any of the following:
‘‘(1) Emergency communication technology or device which
is used to allow a miner to maintain constant communication
with an individual who is not in the mine.
‘‘(2) Electronic identification and location device which
allows an individual who is not in the mine to track at all
times the movements and location of miners working in or
at the mine.
‘‘(3) Emergency oxygen-generating, self-rescue device which
provides oxygen for at least 90 minutes.
‘‘(4) Pre-positioned supplies of oxygen which (in combination with self-rescue devices) can be used to provide each miner
on a shift, in the event of an accident or other event which
traps the miner in the mine or otherwise necessitates the
use of such a self-rescue device, the ability to survive for at
least 48 hours.
‘‘(5) Comprehensive atmospheric monitoring system which
monitors the levels of carbon monoxide, methane, and oxygen
that are present in all areas of the mine and which can detect
smoke in the case of a fire in a mine.
‘‘(e) COORDINATION WITH SECTION 179.—No expenditures shall
be taken into account under subsection (a) with respect to the
portion of the cost of any property specified in an election under
section 179.
‘‘(f) REPORTING.—No deduction shall be allowed under subsection (a) to any taxpayer for any taxable year unless such taxpayer
files with the Secretary a report containing such information with
respect to the operation of the mines of the taxpayer as the Secretary shall require.
‘‘(g) TERMINATION.—This section shall not apply to property
placed in service after December 31, 2008.’’.
(b) CONFORMING AMENDMENTS.—
(1) Section 263(a)(1) is amended by striking ‘‘or’’ at the
end of subparagraph (J), by striking the period at the end
of subparagraph (K) and inserting ‘‘, or’’, and by inserting
after subparagraph (K) the following new subparagraph:
‘‘(L) expenditures for which a deduction is allowed
under section 179E.’’.
(2) Section 312(k)(3)(B) is amended by striking ‘‘or 179D’’
each place it appears in the heading and text thereof and
inserting ‘‘179D, or 179E’’.
(3) Paragraphs (2)(C) and (3)(C) of section 1245(a) are
each amended by inserting ‘‘179E,’’ after ‘‘179D,’’.
(4) The table of sections for part VI of subchapter B of
chapter 1 is amended by inserting after the item relating to
section 179D the following new item:
‘‘Sec. 179E. Election to expense advanced mine safety equipment.’’.

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(c) EFFECTIVE DATE.—The amendments made by this section
shall apply to costs paid or incurred after the date of the enactment
of this Act.

26 USC 179E
note.

SEC. 405. MINE RESCUE TEAM TRAINING TAX CREDIT.

(a) IN GENERAL.—Subpart D of part IV of subchapter A of
chapter 1 (relating to business related credits) is amended by adding
at the end the following new section:
‘‘SEC. 45N. MINE RESCUE TEAM TRAINING CREDIT.

‘‘(a) AMOUNT OF CREDIT.—For purposes of section 38, the mine
rescue team training credit determined under this section with
respect to each qualified mine rescue team employee of an eligible
employer for any taxable year is an amount equal to the lesser
of—
‘‘(1) 20 percent of the amount paid or incurred by the
taxpayer during the taxable year with respect to the training
program costs of such qualified mine rescue team employee
(including wages of such employee while attending such program), or
‘‘(2) $10,000.
‘‘(b) QUALIFIED MINE RESCUE TEAM EMPLOYEE.—For purposes
of this section, the term ‘qualified mine rescue team employee’
means with respect to any taxable year any full-time employee
of the taxpayer who is—
‘‘(1) a miner eligible for more than 6 months of such taxable
year to serve as a mine rescue team member as a result
of completing, at a minimum, an initial 20-hour course of
instruction as prescribed by the Mine Safety and Health
Administration’s Office of Educational Policy and Development,
or
‘‘(2) a miner eligible for more than 6 months of such taxable
year to serve as a mine rescue team member by virtue of
receiving at least 40 hours of refresher training in such instruction.
‘‘(c) ELIGIBLE EMPLOYER.—For purposes of this section, the
term ‘eligible employer’ means any taxpayer which employs individuals as miners in underground mines in the United States.
‘‘(d) WAGES.—For purposes of this section, the term ‘wages’
has the meaning given to such term by subsection (b) of section
3306 (determined without regard to any dollar limitation contained
in such section).
‘‘(e) TERMINATION.—This section shall not apply to taxable years
beginning after December 31, 2008.’’.
(b) CREDIT MADE PART OF GENERAL BUSINESS CREDIT.—Section
38(b) is amended by striking ‘‘and’’ at the end of paragraph (29),
by striking the period at the end of paragraph (30) and inserting
‘‘, plus’’, and by adding at the end the following new paragraph:
‘‘(31) the mine rescue team training credit determined
under section 45N(a).’’.
(c) NO DOUBLE BENEFIT.—Section 280C is amended by adding
at the end the following new subsection:
‘‘(e) MINE RESCUE TEAM TRAINING CREDIT.—No deduction shall
be allowed for that portion of the expenses otherwise allowable
as a deduction for the taxable year which is equal to the amount
of the credit determined for the taxable year under section 45N(a).’’.

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26 USC 280C.

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PUBLIC LAW 109–432—DEC. 20, 2006

(d) CLERICAL AMENDMENT.—The table of sections for subpart
D of part IV of subchapter A of chapter 1 is amended by adding
at the end the following new item:
‘‘Sec. 45N. Mine rescue team training credit.’’.
26 USC 38 note.

(e) EFFECTIVE DATE.—The amendments made by this section
shall apply to taxable years beginning after December 31, 2005.
SEC. 406. WHISTLEBLOWER REFORMS.

(a) AWARDS TO WHISTLEBLOWERS.—
(1) IN GENERAL.—Section 7623 (relating to expenses of
detection of underpayments and fraud, etc.) is amended—
(A) by striking ‘‘The Secretary’’ and inserting ‘‘(a) IN
GENERAL.—The Secretary’’,
(B) by striking ‘‘and’’ at the end of paragraph (1) and
inserting ‘‘or’’,
(C) by striking ‘‘(other than interest)’’, and
(D) by adding at the end the following new subsection:
‘‘(b) AWARDS TO WHISTLEBLOWERS.—
‘‘(1) IN GENERAL.—If the Secretary proceeds with any
administrative or judicial action described in subsection (a)
based on information brought to the Secretary’s attention by
an individual, such individual shall, subject to paragraph (2),
receive as an award at least 15 percent but not more than
30 percent of the collected proceeds (including penalties,
interest, additions to tax, and additional amounts) resulting
from the action (including any related actions) or from any
settlement in response to such action. The determination of
the amount of such award by the Whistleblower Office shall
depend upon the extent to which the individual substantially
contributed to such action.
‘‘(2) AWARD IN CASE OF LESS SUBSTANTIAL CONTRIBUTION.—
‘‘(A) IN GENERAL.—In the event the action described
in paragraph (1) is one which the Whistleblower Office
determines to be based principally on disclosures of specific
allegations (other than information provided by the individual described in paragraph (1)) resulting from a judicial
or administrative hearing, from a governmental report,
hearing, audit, or investigation, or from the news media,
the Whistleblower Office may award such sums as it considers appropriate, but in no case more than 10 percent
of the collected proceeds (including penalties, interest, additions to tax, and additional amounts) resulting from the
action (including any related actions) or from any settlement in response to such action, taking into account the
significance of the individual’s information and the role
of such individual and any legal representative of such
individual in contributing to such action.
‘‘(B) NONAPPLICATION OF PARAGRAPH WHERE INDIVIDUAL IS ORIGINAL SOURCE OF INFORMATION.—Subparagraph (A) shall not apply if the information resulting in
the initiation of the action described in paragraph (1) was
originally provided by the individual described in paragraph (1).
‘‘(3) REDUCTION IN OR DENIAL OF AWARD.—If the Whistleblower Office determines that the claim for an award under
paragraph (1) or (2) is brought by an individual who planned

26 USC 7623.

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and initiated the actions that led to the underpayment of tax
or actions described in subsection (a)(2), then the Whistleblower
Office may appropriately reduce such award. If such individual
is convicted of criminal conduct arising from the role described
in the preceding sentence, the Whistleblower Office shall deny
any award.
‘‘(4) APPEAL OF AWARD DETERMINATION.—Any determination regarding an award under paragraph (1), (2), or (3) may,
within 30 days of such determination, be appealed to the Tax
Court (and the Tax Court shall have jurisdiction with respect
to such matter).
‘‘(5) APPLICATION OF THIS SUBSECTION.—This subsection
shall apply with respect to any action—
‘‘(A) against any taxpayer, but in the case of any individual, only if such individual’s gross income exceeds
$200,000 for any taxable year subject to such action, and
‘‘(B) if the tax, penalties, interest, additions to tax,
and additional amounts in dispute exceed $2,000,000.
‘‘(6) ADDITIONAL RULES.—
‘‘(A) NO CONTRACT NECESSARY.—No contract with the
Internal Revenue Service is necessary for any individual
to receive an award under this subsection.
‘‘(B) REPRESENTATION.—Any individual described in
paragraph (1) or (2) may be represented by counsel.
‘‘(C) SUBMISSION OF INFORMATION.—No award may be
made under this subsection based on information submitted
to the Secretary unless such information is submitted under
penalty of perjury.’’.
(2) ASSIGNMENT TO SPECIAL TRIAL JUDGES.—
(A) IN GENERAL.—Section 7443A(b) (relating to proceedings which may be assigned to special trial judges)
is amended by striking ‘‘and’’ at the end of paragraph
(5), by redesignating paragraph (6) as paragraph (7), and
by inserting after paragraph (5) the following new paragraph:
‘‘(6) any proceeding under section 7623(b)(4), and’’.
(B) CONFORMING AMENDMENT.—Section 7443A(c) is
amended by striking ‘‘or (5)’’ and inserting ‘‘(5), or (6)’’.
(3) DEDUCTION ALLOWED WHETHER OR NOT TAXPAYER
ITEMIZES.—Subsection (a) of section 62 (relating to general rule
defining adjusted gross income) is amended by inserting after
paragraph (20) the following new paragraph:
‘‘(21) ATTORNEYS FEES RELATING TO AWARDS TO WHISTLEBLOWERS.—Any deduction allowable under this chapter for
attorney fees and court costs paid by, or on behalf of, the
taxpayer in connection with any award under section 7623(b)
(relating to awards to whistleblowers). The preceding sentence
shall not apply to any deduction in excess of the amount includible in the taxpayer’s gross income for the taxable year on
account of such award.’’.
(b) WHISTLEBLOWER OFFICE.—
(1) IN GENERAL.—Not later than the date which is 12
months after the date of the enactment of this Act, the Secretary of the Treasury shall issue guidance for the operation
of a whistleblower program to be administered in the Internal
Revenue Service by an office to be known as the ‘‘Whistleblower
Office’’ which—

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26 USC 7443A.

26 USC 7623
note.
Deadline.
Guidance.

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26 USC 7623
note.

26 USC 62 note.

PUBLIC LAW 109–432—DEC. 20, 2006

(A) shall at all times operate at the direction of the
Commissioner of Internal Revenue and coordinate and consult with other divisions in the Internal Revenue Service
as directed by the Commissioner of Internal Revenue,
(B) shall analyze information received from any individual described in section 7623(b) of the Internal Revenue
Code of 1986 and either investigate the matter itself or
assign it to the appropriate Internal Revenue Service office,
and
(C) in its sole discretion, may ask for additional assistance from such individual or any legal representative of
such individual.
(2) REQUEST FOR ASSISTANCE.—The guidance issued under
paragraph (1) shall specify that any assistance requested under
paragraph (1)(C) shall be under the direction and control of
the Whistleblower Office or the office assigned to investigate
the matter under paragraph (1)(A). No individual or legal representative whose assistance is so requested may by reason
of such request represent himself or herself as an employee
of the Federal Government.
(c) REPORT BY SECRETARY.—The Secretary of the Treasury shall
each year conduct a study and report to Congress on the use
of section 7623 of the Internal Revenue Code of 1986, including—
(1) an analysis of the use of such section during the preceding year and the results of such use, and
(2) any legislative or administrative recommendations
regarding the provisions of such section and its application.
(d) EFFECTIVE DATE.—The amendments made by subsection
(a) shall apply to information provided on or after the date of
the enactment of this Act.
SEC. 407. FRIVOLOUS TAX SUBMISSIONS.

(a) CIVIL PENALTIES.—Section 6702 is amended to read as follows:
‘‘SEC. 6702. FRIVOLOUS TAX SUBMISSIONS.

‘‘(a) CIVIL PENALTY FOR FRIVOLOUS TAX RETURNS.—A person
shall pay a penalty of $5,000 if—
‘‘(1) such person files what purports to be a return of
a tax imposed by this title but which—
‘‘(A) does not contain information on which the substantial correctness of the self-assessment may be judged, or
‘‘(B) contains information that on its face indicates
that the self-assessment is substantially incorrect, and
‘‘(2) the conduct referred to in paragraph (1)—
‘‘(A) is based on a position which the Secretary has
identified as frivolous under subsection (c), or
‘‘(B) reflects a desire to delay or impede the administration of Federal tax laws.
‘‘(b) CIVIL PENALTY FOR SPECIFIED FRIVOLOUS SUBMISSIONS.—
‘‘(1) IMPOSITION OF PENALTY.—Except as provided in paragraph (3), any person who submits a specified frivolous submission shall pay a penalty of $5,000.
‘‘(2) SPECIFIED FRIVOLOUS SUBMISSION.—For purposes of
this section—
‘‘(A) SPECIFIED FRIVOLOUS SUBMISSION.—The term
‘specified frivolous submission’ means a specified submission if any portion of such submission—

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‘‘(i) is based on a position which the Secretary
has identified as frivolous under subsection (c), or
‘‘(ii) reflects a desire to delay or impede the
administration of Federal tax laws.
‘‘(B) SPECIFIED SUBMISSION.—The term ‘specified
submission’ means—
‘‘(i) a request for a hearing under—
‘‘(I) section 6320 (relating to notice and opportunity for hearing upon filing of notice of lien),
or
‘‘(II) section 6330 (relating to notice and opportunity for hearing before levy), and
‘‘(ii) an application under—
‘‘(I) section 6159 (relating to agreements for
payment of tax liability in installments),
‘‘(II) section 7122 (relating to compromises),
or
‘‘(III) section 7811 (relating to taxpayer assistance orders).
‘‘(3) OPPORTUNITY TO WITHDRAW SUBMISSION.—If the Secretary provides a person with notice that a submission is a
specified frivolous submission and such person withdraws such
submission within 30 days after such notice, the penalty
imposed under paragraph (1) shall not apply with respect to
such submission.
‘‘(c) LISTING OF FRIVOLOUS POSITIONS.—The Secretary shall
prescribe (and periodically revise) a list of positions which the
Secretary has identified as being frivolous for purposes of this
subsection. The Secretary shall not include in such list any position
that the Secretary determines meets the requirement of section
6662(d)(2)(B)(ii)(II).
‘‘(d) REDUCTION OF PENALTY.—The Secretary may reduce the
amount of any penalty imposed under this section if the Secretary
determines that such reduction would promote compliance with
and administration of the Federal tax laws.
‘‘(e) PENALTIES IN ADDITION TO OTHER PENALTIES.—The penalties imposed by this section shall be in addition to any other
penalty provided by law.’’.
(b) TREATMENT OF FRIVOLOUS REQUESTS FOR HEARINGS BEFORE
LEVY.—
(1) FRIVOLOUS REQUESTS DISREGARDED.—Section 6330
(relating to notice and opportunity for hearing before levy)
is amended by adding at the end the following new subsection:
‘‘(g) FRIVOLOUS REQUESTS FOR HEARING, ETC.—Notwithstanding
any other provision of this section, if the Secretary determines
that any portion of a request for a hearing under this section
or section 6320 meets the requirement of clause (i) or (ii) of section
6702(b)(2)(A), then the Secretary may treat such portion as if it
were never submitted and such portion shall not be subject to
any further administrative or judicial review.’’.
(2) PRECLUSION FROM RAISING FRIVOLOUS ISSUES AT
HEARING.—Section 6330(c)(4) is amended—
(A) by striking ‘‘(A)’’ and inserting ‘‘(A)(i)’’;
(B) by striking ‘‘(B)’’ and inserting ‘‘(ii)’’;
(C) by striking the period at the end of the first sentence and inserting ‘‘; or’’; and

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Deadline.

26 USC 6330.

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26 USC 6320.

PUBLIC LAW 109–432—DEC. 20, 2006

(D) by inserting after subparagraph (A)(ii) (as so
redesignated) the following:
‘‘(B) the issue meets the requirement of clause (i) or
(ii) of section 6702(b)(2)(A).’’.
(3) STATEMENT OF GROUNDS.—Section 6330(b)(1) is
amended by striking ‘‘under subsection (a)(3)(B)’’ and inserting
‘‘in writing under subsection (a)(3)(B) and states the grounds
for the requested hearing’’.
(c) TREATMENT OF FRIVOLOUS REQUESTS FOR HEARINGS UPON
FILING OF NOTICE OF LIEN.—Section 6320 is amended—
(1) in subsection (b)(1), by striking ‘‘under subsection
(a)(3)(B)’’ and inserting ‘‘in writing under subsection (a)(3)(B)
and states the grounds for the requested hearing’’, and
(2) in subsection (c), by striking ‘‘and (e)’’ and inserting
‘‘(e), and (g)’’.
(d) TREATMENT OF FRIVOLOUS APPLICATIONS FOR OFFERS-INCOMPROMISE AND INSTALLMENT AGREEMENTS.—Section 7122 is
amended by adding at the end the following new subsection:
‘‘(f) FRIVOLOUS SUBMISSIONS, ETC.—Notwithstanding any other
provision of this section, if the Secretary determines that any portion of an application for an offer-in-compromise or installment
agreement submitted under this section or section 6159 meets the
requirement of clause (i) or (ii) of section 6702(b)(2)(A), then the
Secretary may treat such portion as if it were never submitted
and such portion shall not be subject to any further administrative
or judicial review.’’.
(e) CLERICAL AMENDMENT.—The table of sections for part I
of subchapter B of chapter 68 is amended by striking the item
relating to section 6702 and inserting the following new item:
‘‘Sec. 6702. Frivolous tax submissions.’’.

26 USC 6320
note.

(f) EFFECTIVE DATE.—The amendments made by this section
shall apply to submissions made and issues raised after the date
on which the Secretary first prescribes a list under section 6702(c)
of the Internal Revenue Code of 1986, as amended by subsection
(a).
SEC.

26 USC 4132
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408.

ADDITION
OF
MENINGOCOCCAL
AND
HUMAN
PAPILLOMAVIRUS VACCINES TO LIST OF TAXABLE VACCINES.

(a) MENINGOCOCCAL VACCINE.—Section 4132(a)(1) (defining taxable vaccine) is amended by adding at the end the following new
subparagraph:
‘‘(O) Any meningococcal vaccine.’’.
(b) HUMAN PAPILLOMAVIRUS VACCINE.—Section 4132(a)(1), as
amended by subsection (a), is amended by adding at the end the
following new subparagraph:
‘‘(P) Any vaccine against the human papillomavirus.’’.
(c) EFFECTIVE DATE.—
(1) SALES, ETC.—The amendments made by this section
shall apply to sales and uses on or after the first day of
the first month which begins more than 4 weeks after the
date of the enactment of this Act.
(2) DELIVERIES.—For purposes of paragraph (1) and section
4131 of the Internal Revenue Code of 1986, in the case of
sales on or before the effective date described in such paragraph

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for which delivery is made after such date, the delivery date
shall be considered the sale date.
SEC. 409. CLARIFICATION OF TAXATION OF CERTAIN SETTLEMENT
FUNDS MADE PERMANENT.

(a) IN GENERAL.—Subsection (g) of section 468B is amended
by striking paragraph (3).
(b) EFFECTIVE DATE.—The amendment made by this section
shall take effect as if included in section 201 of the Tax Increase
Prevention and Reconciliation Act of 2005.

26 USC 468B.
26 USC 468B
note.

SEC. 410. MODIFICATION OF ACTIVE BUSINESS DEFINITION UNDER
SECTION 355 MADE PERMANENT.

(a) IN GENERAL.—Subparagraphs (A) and (D) of section
355(b)(3) are each amended by striking ‘‘and on or before December
31, 2010’’.
(b) EFFECTIVE DATE.—The amendments made by this section
shall take effect as if included in section 202 of the Tax Increase
Prevention and Reconciliation Act of 2005.

26 USC 355 note.

SEC. 411. REVISION OF STATE VETERANS LIMIT MADE PERMANENT.

(a) IN GENERAL.—Subparagraph (B) of section 143(l)(3) is
amended by striking clause (iv).
(b) EFFECTIVE DATE.—The amendment made by this section
shall take effect as if included in section 203 of the Tax Increase
Prevention and Reconciliation Act of 2005.

26 USC 143 note.

SEC. 412. CAPITAL GAINS TREATMENT FOR CERTAIN SELF-CREATED
MUSICAL WORKS MADE PERMANENT.

(a) IN GENERAL.—Paragraph (3) of section 1221(b) is amended
by striking ‘‘before January 1, 2011,’’.
(b) EFFECTIVE DATE.—The amendment made by this section
shall take effect as if included in section 204 of the Tax Increase
Prevention and Reconciliation Act of 2005.

26 USC 1221
note.

SEC. 413. REDUCTION IN MINIMUM VESSEL TONNAGE WHICH QUALIFIES FOR TONNAGE TAX MADE PERMANENT.

(a) IN GENERAL.—Paragraph (4) of section 1355(a) is amended
by striking ‘‘10,000 (6,000, in the case of taxable years beginning
after December 31, 2005, and ending before January 1, 2011)’’
and inserting ‘‘6,000’’.
(b) EFFECTIVE DATE.—The amendment made by this section
shall take effect as if included in section 205 of the Tax Increase
Prevention and Reconciliation Act of 2005.

26 USC 1355
note.

SEC. 414. MODIFICATION OF SPECIAL ARBITRAGE RULE FOR CERTAIN
FUNDS MADE PERMANENT.

(a) IN GENERAL.—Section 206 of the Tax Increase Prevention
and Reconciliation Act of 2005 is amended by striking ‘‘and before
August 31, 2009’’.
(b) EFFECTIVE DATE.—The amendment made by this section
shall take effect as if included in section 206 of the Tax Increase
Prevention and Reconciliation Act of 2005.
SEC. 415. GREAT LAKES DOMESTIC SHIPPING TO NOT DISQUALIFY
VESSEL FROM TONNAGE TAX.

(a) IN GENERAL.—Section 1355 (relating to definitions and special rules) is amended by redesignating subsection (g) as subsection

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(h) and by inserting after subsection (f) the following new subsection:
‘‘(g) GREAT LAKES DOMESTIC SHIPPING TO NOT DISQUALIFY
VESSEL.—
‘‘(1) IN GENERAL.—If the electing corporation elects (at such
time and in such manner as the Secretary may require) to
apply this subsection for any taxable year to any qualifying
vessel which is used in qualified zone domestic trade during
the taxable year—
‘‘(A) solely for purposes of subsection (a)(4), such use
shall be treated as use in United States foreign trade
(and not as use in United States domestic trade), and
‘‘(B) subsection (f) shall not apply with respect to such
vessel for such taxable year.
‘‘(2) EFFECT OF TEMPORARILY OPERATING VESSEL IN UNITED
STATES DOMESTIC TRADE.—In the case of a qualifying vessel
to which this subsection applies—
‘‘(A) IN GENERAL.—An electing corporation shall be
treated as using such vessel in qualified zone domestic
trade during any period of temporary use in the United
States domestic trade (other than qualified zone domestic
trade) if the electing corporation gives timely notice to
the Secretary stating—
‘‘(i) that it temporarily operates or has operated
in the United States domestic trade (other than qualified zone domestic trade) a qualifying vessel which
had been used in the United States foreign trade or
qualified zone domestic trade, and
‘‘(ii) its intention to resume operation of the vessel
in the United States foreign trade or qualified zone
domestic trade.
‘‘(B) NOTICE.—Notice shall be deemed timely if given
not later than the due date (including extensions) for the
corporation’s tax return for the taxable year in which the
temporary cessation begins.
‘‘(C) PERIOD DISREGARD IN EFFECT.—The period of temporary use under subparagraph (A) continues until the
earlier of the date of which—
‘‘(i) the electing corporation abandons its intention
to resume operations of the vessel in the United States
foreign trade or qualified zone domestic trade, or
‘‘(ii) the electing corporation resumes operation of
the vessel in the United States foreign trade or qualified zone domestic trade.
‘‘(D) NO DISREGARD IF DOMESTIC TRADE USE EXCEEDS
30 DAYS.—Subparagraph (A) shall not apply to any qualifying vessel which is operated in the United States domestic
trade (other than qualified zone domestic trade) for more
than 30 days during the taxable year.
‘‘(3) ALLOCATION OF INCOME AND DEDUCTIONS TO QUALIFYING SHIPPING ACTIVITIES.—In the case of a qualifying vessel
to which this subsection applies, the Secretary shall prescribe
rules for the proper allocation of income, expenses, losses, and
deductions between the qualified shipping activities and the
other activities of such vessel.
‘‘(4) QUALIFIED ZONE DOMESTIC TRADE.—For purposes of
this subsection—

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‘‘(A) IN GENERAL.—The term ‘qualified zone domestic
trade’ means the transportation of goods or passengers
between places in the qualified zone if such transportation
is in the United States domestic trade.
‘‘(B) QUALIFIED ZONE.—The term ‘qualified zone’ means
the Great Lakes Waterway and the St. Lawrence Seaway.’’.
(b) EFFECTIVE DATE.—The amendments made by this section
shall apply to taxable years beginning after the date of the enactment of this Act.

26 USC 1355
note.

SEC. 416. USE OF QUALIFIED MORTGAGE BONDS TO FINANCE RESIDENCES FOR VETERANS WITHOUT REGARD TO FIRSTTIME HOMEBUYER REQUIREMENT.

(a) IN GENERAL.—Section 143(d)(2) (relating to exceptions to
3-year requirement) is amended by striking ‘‘and’’ at the end of
subparagraph (B), by adding ‘‘and’’ at the end of subparagraph
(C), and by inserting after subparagraph (C) the following new
subparagraph:
‘‘(D) in the case of bonds issued after the date of
the enactment of this subparagraph and before January
1, 2008, financing of any residence for a veteran (as defined
in section 101 of title 38, United States Code), if such
veteran has not previously qualified for and received such
financing by reason of this subparagraph,’’.
(b) EFFECTIVE DATE.—The amendments made by this section
shall apply to bonds issued after the date of the enactment of
this Act.

26 USC 143.

26 USC 143 note.

SEC. 417. EXCLUSION OF GAIN FROM SALE OF A PRINCIPAL RESIDENCE BY CERTAIN EMPLOYEES OF THE INTELLIGENCE
COMMUNITY.

(a) IN GENERAL.—Subparagraph (A) of section 121(d)(9)
(relating to exclusion of gain from sale of principal residence) is
amended by striking ‘‘duty’’ and all that follows and inserting
the following:
‘‘duty—
‘‘(i) as a member of the uniformed services,
‘‘(ii) as a member of the Foreign Service of the
United States, or
‘‘(iii) as an employee of the intelligence community.’’.
(b) EMPLOYEE OF INTELLIGENCE COMMUNITY DEFINED.—
Subparagraph (C) of section 121(d)(9) is amended by redesignating
clause (iv) as clause (v) and by inserting after clause (iii) the
following new clause:
‘‘(iv) EMPLOYEE OF INTELLIGENCE COMMUNITY.—
The term ‘employee of the intelligence community’
means an employee (as defined by section 2105 of
title 5, United States Code) of—
‘‘(I) the Office of the Director of National Intelligence,
‘‘(II) the Central Intelligence Agency,
‘‘(III) the National Security Agency,
‘‘(IV) the Defense Intelligence Agency,
‘‘(V) the National Geospatial-Intelligence
Agency,
‘‘(VI) the National Reconnaissance Office,

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26 USC 121.

26 USC 121 note.

PUBLIC LAW 109–432—DEC. 20, 2006

‘‘(VII) any other office within the Department
of Defense for the collection of specialized national
intelligence through reconnaissance programs,
‘‘(VIII) any of the intelligence elements of the
Army, the Navy, the Air Force, the Marine Corps,
the Federal Bureau of Investigation, the Department of Treasury, the Department of Energy, and
the Coast Guard,
‘‘(IX) the Bureau of Intelligence and Research
of the Department of State, or
‘‘(X) any of the elements of the Department
of Homeland Security concerned with the analyses
of foreign intelligence information.’’.
(c) SPECIAL RULE.—Subparagraph (C) of section 121(d)(9), as
amended by subsection (b), is amended by adding at the end the
following new clause:
‘‘(vi) SPECIAL RULE RELATING TO INTELLIGENCE
COMMUNITY.—An employee of the intelligence community shall not be treated as serving on qualified
extended duty unless such duty is at a duty station
located outside the United States.’’.
(d) CONFORMING AMENDMENT.—The heading for section
121(d)(9) is amended to read as follows: ‘‘UNIFORMED SERVICES,
FOREIGN SERVICE, AND INTELLIGENCE COMMUNITY’’.
(e) EFFECTIVE DATE.—The amendments made by this section
shall apply to sales or exchanges after the date of the enactment
of this Act and before January 1, 2011.
SEC. 418. SALE OF PROPERTY BY JUDICIAL OFFICERS.

(a) IN GENERAL.—Section 1043(b) (relating to the sale of property to comply with conflict-of-interest requirements) is amended—
(1) in paragraph (1)—
(A) in subparagraph (A), by inserting ‘‘, or a judicial
officer,’’ after ‘‘an officer or employee of the executive
branch’’; and
(B) in subparagraph (B), by inserting ‘‘judicial canon,’’
after ‘‘any statute, regulation, rule,’’;
(2) in paragraph (2)—
(A) in subparagraph (A), by inserting ‘‘judicial canon,’’
after ‘‘any Federal conflict of interest statute, regulation,
rule,’’; and
(B) in subparagraph (B), by inserting after ‘‘the
Director of the Office of Government Ethics,’’ the following:
‘‘in the case of executive branch officers or employees, or
by the Judicial Conference of the United States (or its
designee), in the case of judicial officers,’’; and
(3) in paragraph (5)(B), by inserting ‘‘judicial canon,’’ after
‘‘any statute, regulation, rule,’’.
(b) JUDICIAL OFFICER DEFINED.—Section 1043(b) is amended
by adding at the end the following new paragraph:
‘‘(6) JUDICIAL OFFICER.—The term ‘judicial officer’ means
the Chief Justice of the United States, the Associate Justices
of the Supreme Court, and the judges of the United States
courts of appeals, United States district courts, including the
district courts in Guam, the Northern Mariana Islands, and
the Virgin Islands, Court of Appeals for the Federal Circuit,
Court of International Trade, Tax Court, Court of Federal

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Claims, Court of Appeals for Veterans Claims, United States
Court of Appeals for the Armed Forces, and any court created
by Act of Congress, the judges of which are entitled to hold
office during good behavior.’’.
(c) EFFECTIVE DATE.—The amendments made by this section
shall apply to sales after the date of enactment of this Act.

26 USC 1043
note.

SEC. 419. PREMIUMS FOR MORTGAGE INSURANCE.

(a) IN GENERAL.—Section 163(h)(3) (relating to qualified residence interest) is amended by adding at the end the following
new subparagraph:
‘‘(E) MORTGAGE INSURANCE PREMIUMS TREATED AS
INTEREST.—
‘‘(i) IN GENERAL.—Premiums paid or accrued for
qualified mortgage insurance by a taxpayer during the
taxable year in connection with acquisition indebtedness with respect to a qualified residence of the taxpayer shall be treated for purposes of this section as
interest which is qualified residence interest.
‘‘(ii) PHASEOUT.—The amount otherwise treated as
interest under clause (i) shall be reduced (but not
below zero) by 10 percent of such amount for each
$1,000 ($500 in the case of a married individual filing
a separate return) (or fraction thereof) that the taxpayer’s adjusted gross income for the taxable year
exceeds $100,000 ($50,000 in the case of a married
individual filing a separate return).
‘‘(iii) LIMITATION.—Clause (i) shall not apply with
respect to any mortgage insurance contracts issued
before January 1, 2007.
‘‘(iv) TERMINATION.—Clause (i) shall not apply to
amounts—
‘‘(I) paid or accrued after December 31, 2007,
or
‘‘(II) properly allocable to any period after such
date.’’.
(b) DEFINITION AND SPECIAL RULES.—Section 163(h)(4) (relating
to other definitions and special rules) is amended by adding at
the end the following new subparagraphs:
‘‘(E) QUALIFIED MORTGAGE INSURANCE.—The term
‘qualified mortgage insurance’ means—
‘‘(i) mortgage insurance provided by the Veterans
Administration, the Federal Housing Administration,
or the Rural Housing Administration, and
‘‘(ii) private mortgage insurance (as defined by section 2 of the Homeowners Protection Act of 1998 (12
U.S.C. 4901), as in effect on the date of the enactment
of this subparagraph).
‘‘(F) SPECIAL RULES FOR PREPAID QUALIFIED MORTGAGE
INSURANCE.—Any amount paid by the taxpayer for qualified
mortgage insurance that is properly allocable to any mortgage the payment of which extends to periods that are
after the close of the taxable year in which such amount
is paid shall be chargeable to capital account and shall
be treated as paid in such periods to which so allocated.
No deduction shall be allowed for the unamortized balance
of such account if such mortgage is satisfied before the

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26 USC 163.

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26 USC 6050H.

26 USC 163 note.

PUBLIC LAW 109–432—DEC. 20, 2006

end of its term. The preceding sentences shall not apply
to amounts paid for qualified mortgage insurance provided
by the Veterans Administration or the Rural Housing
Administration.’’.
(c) INFORMATION RETURNS RELATING TO MORTGAGE INSURANCE.—Section 6050H (relating to returns relating to mortgage
interest received in trade or business from individuals) is amended
by adding at the end the following new subsection:
‘‘(h) RETURNS RELATING TO MORTGAGE INSURANCE PREMIUMS.—
‘‘(1) IN GENERAL.—The Secretary may prescribe, by regulations, that any person who, in the course of a trade or business,
receives from any individual premiums for mortgage insurance
aggregating $600 or more for any calendar year, shall make
a return with respect to each such individual. Such return
shall be in such form, shall be made at such time, and shall
contain such information as the Secretary may prescribe.
‘‘(2) STATEMENT TO BE FURNISHED TO INDIVIDUALS WITH
RESPECT TO WHOM INFORMATION IS REQUIRED.—Every person
required to make a return under paragraph (1) shall furnish
to each individual with respect to whom a return is made
a written statement showing such information as the Secretary
may prescribe. Such written statement shall be furnished on
or before January 31 of the year following the calendar year
for which the return under paragraph (1) was required to
be made.
‘‘(3) SPECIAL RULES.—For purposes of this subsection—
‘‘(A) rules similar to the rules of subsection (c) shall
apply, and
‘‘(B) the term ‘mortgage insurance’ means—
‘‘(i) mortgage insurance provided by the Veterans
Administration, the Federal Housing Administration,
or the Rural Housing Administration, and
‘‘(ii) private mortgage insurance (as defined by section 2 of the Homeowners Protection Act of 1998 (12
U.S.C. 4901), as in effect on the date of the enactment
of this subsection).’’.
(d) EFFECTIVE DATE.—The amendments made by this section
shall apply to amounts paid or accrued after December 31, 2006.
SEC. 420. MODIFICATION OF REFUNDS FOR KEROSENE USED IN AVIATION.

(a) IN GENERAL.—Paragraph (4) of section 6427(l) (relating
to nontaxable uses of diesel fuel and kerosene) is amended to
read as follows:
‘‘(4) REFUNDS FOR KEROSENE USED IN AVIATION.—
‘‘(A) KEROSENE USED IN COMMERCIAL AVIATION.—In the
case of kerosene used in commercial aviation (as defined
in section 4083(b)) (other than supplies for vessels or aircraft within the meaning of section 4221(d)(3)), paragraph
(1) shall not apply to so much of the tax imposed by
section 4041 or 4081, as the case may be, as is attributable
to—
‘‘(i) the Leaking Underground Storage Tank Trust
Fund financing rate imposed by such section, and
‘‘(ii) so much of the rate of tax specified in section
4041(c) or 4081(a)(2)(A)(iii), as the case may be, as
does not exceed 4.3 cents per gallon.

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‘‘(B) KEROSENE USED IN NONCOMMERCIAL AVIATION.—
In the case of kerosene used in aviation that is not commercial aviation (as so defined) (other than any use which
is exempt from the tax imposed by section 4041(c) other
than by reason of a prior imposition of tax), paragraph
(1) shall not apply to—
‘‘(i) any tax imposed by subsection (c) or (d)(2)
of section 4041, and
‘‘(ii) so much of the tax imposed by section 4081
as is attributable to—
‘‘(I) the Leaking Underground Storage Tank
Trust Fund financing rate imposed by such section,
and
‘‘(II) so much of the rate of tax specified in
section 4081(a)(2)(A)(iii) as does not exceed the
rate specified in section 4081(a)(2)(C)(ii).
‘‘(C) PAYMENTS TO ULTIMATE, REGISTERED VENDOR.—
‘‘(i) IN GENERAL.—With respect to any kerosene
used in aviation (other than kerosene described in
clause (ii) or kerosene to which paragraph (5) applies),
if the ultimate purchaser of such kerosene waives (at
such time and in such form and manner as the Secretary shall prescribe) the right to payment under
paragraph (1) and assigns such right to the ultimate
vendor, then the Secretary shall pay the amount which
would be paid under paragraph (1) to such ultimate
vendor, but only if such ultimate vendor—
‘‘(I) is registered under section 4101, and
‘‘(II) meets the requirements of subparagraph
(A), (B), or (D) of section 6416(a)(1).
‘‘(ii) PAYMENTS FOR KEROSENE USED IN NONCOMMERCIAL AVIATION.—The amount which would be
paid under paragraph (1) with respect to any kerosene
to which subparagraph (B) applies shall be paid only
to the ultimate vendor of such kerosene. A payment
shall be made to such vendor if such vendor—
‘‘(I) is registered under section 4101, and
‘‘(II) meets the requirements of subparagraph
(A), (B), or (D) of section 6416(a)(1).’’.
(b) CONFORMING AMENDMENTS.—
(1) Section 6427(l) is amended by striking paragraph (5)
and by redesignating paragraph (6) as paragraph (5).
(2) Section 4082(d)(2)(B) is amended by striking ‘‘section
6427(l)(6)(B)’’ and inserting ‘‘section 6427(l)(5)(B)’’.
(3) Section 6427(i)(4)(A) is amended—
(A) by striking ‘‘paragraph (4)(B), (5), or (6)’’ each place
it appears and inserting ‘‘paragraph (4)(C) or (5)’’, and
(B) by striking ‘‘(l)(5), and (l)(6)’’ and inserting
‘‘(l)(4)(C)(ii), and (l)(5)’’.
(4) Section 6427(l)(1) is amended by striking ‘‘paragraph
(4)(B)’’ and inserting ‘‘paragraph (4)(C)(i)’’.
(5) Section 9502(d) is amended—
(A) in paragraph (2), by striking ‘‘and (l)(5)’’, and
(B) in paragraph (3), by striking ‘‘or (5)’’.
(6) Section 9503(c)(7) is amended—
(A) by amending subparagraphs (A) and (B) to read
as follows:

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26 USC 6427.

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26 USC 6427
note.

26 USC 6427
note.

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‘‘(A) 4.3 cents per gallon of kerosene subject to section
6427(l)(4)(A) with respect to which a payment has been
made by the Secretary under section 6427(l), and
‘‘(B) 21.8 cents per gallon of kerosene subject to section
6427(l)(4)(B) with respect to which a payment has been
made by the Secretary under section 6427(l).’’, and
(B) in the matter following subparagraph (B), by
striking ‘‘or (5)’’.
(c) EFFECTIVE DATE.—
(1) IN GENERAL.—The amendments made by this section
shall apply to kerosene sold after September 30, 2005.
(2) SPECIAL RULE FOR PENDING CLAIMS.—In the case of
kerosene sold for use in aviation (other than kerosene to which
section 6427(l)(4)(C)(ii) of the Internal Revenue Code of 1986
(as added by subsection (a)) applies or kerosene to which section
6427(l)(5) of such Code (as redesignated by subsection (b))
applies) after September 30, 2005, and before the date of the
enactment of this Act, the ultimate purchaser shall be treated
as having waived the right to payment under section 6427(l)(1)
of such Code and as having assigned such right to the ultimate
vendor if such ultimate vendor has met the requirements of
subparagraph (A), (B), or (D) of section 6416(a)(1) of such
Code.
(d) SPECIAL RULE FOR KEROSENE USED IN AVIATION ON A FARM
FOR FARMING PURPOSES.—
(1) REFUNDS FOR PURCHASES AFTER DECEMBER 31, 2004,
AND BEFORE OCTOBER 1, 2005.—The Secretary of the Treasury
shall pay to the ultimate purchaser of any kerosene which
is used in aviation on a farm for farming purposes and which
was purchased after December 31, 2004, and before October
1, 2005, an amount equal to the aggregate amount of tax
imposed on such fuel under section 4041 or 4081 of the Internal
Revenue Code of 1986, as the case may be, reduced by any
payment to the ultimate vendor under section 6427(l)(5)(C)
of such Code (as in effect on the day before the date of the
enactment of the Safe, Accountable, Flexible, Efficient
Transportation Equity Act: a Legacy for Users).
(2) USE ON A FARM FOR FARMING PURPOSES.—For purposes
of paragraph (1), kerosene shall be treated as used on a farm
for farming purposes if such kerosene is used for farming
purposes (within the meaning of section 6420(c)(3) of the
Internal Revenue Code of 1986) in carrying on a trade or
business on a farm situated in the United States. For purposes
of the preceding sentence, rules similar to the rules of section
6420(c)(4) of such Code shall apply.
(3) TIME FOR FILING CLAIMS.—No claim shall be allowed
under paragraph (1) unless the ultimate purchaser files such
claim before the date that is 3 months after the date of the
enactment of this Act.
(4) NO DOUBLE BENEFIT.—No amount shall be paid under
paragraph (1) or section 6427(l) of the Internal Revenue Code
of 1986 with respect to any kerosene described in paragraph
(1) to the extent that such amount is in excess of the tax
imposed on such kerosene under section 4041 or 4081 of such
Code, as the case may be.

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(5) APPLICABLE LAWS.—For purposes of this subsection,
rules similar to the rules of section 6427(j) of the Internal
Revenue Code of 1986 shall apply.
SEC. 421. REGIONAL INCOME TAX AGENCIES TREATED AS STATES FOR
PURPOSES OF CONFIDENTIALITY AND DISCLOSURE
REQUIREMENTS.

(a) IN GENERAL.—Paragraph (5) of section 6103(b) is amended
to read as follows:
‘‘(5) STATE.—
‘‘(A) IN GENERAL.—The term ‘State’ means—
‘‘(i) any of the 50 States, the District of Columbia,
the Commonwealth of Puerto Rico, the Virgin Islands,
the Canal Zone, Guam, American Samoa, and the
Commonwealth of the Northern Mariana Islands,
‘‘(ii) for purposes of subsections (a)(2), (b)(4), (d)(1),
(h)(4), and (p), any municipality—
‘‘(I) with a population in excess of 250,000
(as determined under the most recent decennial
United States census data available),
‘‘(II) which imposes a tax on income or wages,
and
‘‘(III) with which the Secretary (in his sole
discretion) has entered into an agreement
regarding disclosure, and
‘‘(iii) for purposes of subsections (a)(2), (b)(4), (d)(1),
(h)(4), and (p), any governmental entity—
‘‘(I) which is formed and operated by a qualified group of municipalities, and
‘‘(II) with which the Secretary (in his sole
discretion) has entered into an agreement
regarding disclosure.
‘‘(B) REGIONAL INCOME TAX AGENCIES.—For purposes
of subparagraph (A)(iii)—
‘‘(i) QUALIFIED GROUP OF MUNICIPALITIES.—The
term ‘qualified group of municipalities’ means, with
respect to any governmental entity, 2 or more
municipalities—
‘‘(I) each of which imposes a tax on income
or wages,
‘‘(II) each of which, under the authority of
a State statute, administers the laws relating to
the imposition of such taxes through such entity,
and
‘‘(III) which collectively have a population in
excess of 250,000 (as determined under the most
recent decennial United States census data available).
‘‘(ii) REFERENCES TO STATE LAW, ETC.—For purposes of applying subparagraph (A)(iii) to the subsections referred to in such subparagraph, any reference in such subsections to State law, proceedings,
or tax returns shall be treated as references to the
law, proceedings, or tax returns, as the case may be,
of the municipalities which form and operate the
governmental entity referred to in such subparagraph.

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PUBLIC LAW 109–432—DEC. 20, 2006
‘‘(iii) DISCLOSURE TO CONTRACTORS AND OTHER
AGENTS.—Notwithstanding any other provision of this

26 USC 6103
note.

section, no return or return information shall be disclosed to any contractor or other agent of a governmental entity referred to in subparagraph (A)(iii)
unless such entity, to the satisfaction of the Secretary—
‘‘(I) has requirements in effect which require
each such contractor or other agent which would
have access to returns or return information to
provide safeguards (within the meaning of subsection (p)(4)) to protect the confidentiality of such
returns or return information,
‘‘(II) agrees to conduct an on-site review every
3 years (or a mid-point review in the case of contracts or agreements of less than 3 years in duration) of each contractor or other agent to determine
compliance with such requirements,
‘‘(III) submits the findings of the most recent
review conducted under subclause (II) to the Secretary as part of the report required by subsection
(p)(4)(E), and
‘‘(IV) certifies to the Secretary for the most
recent annual period that such contractor or other
agent is in compliance with all such requirements.
The certification required by subclause (IV) shall
include the name and address of each contractor and
other agent, a description of the contract or agreement
with such contractor or other agent, and the duration
of such contract or agreement. The requirements of
this clause shall not apply to disclosures pursuant
to subsection (n) for purposes of Federal tax administration and a rule similar to the rule of subsection
(p)(8)(B) shall apply for purposes of this clause.’’.
(b) SPECIAL RULES FOR DISCLOSURE.—Subsection (d) of section
6103 is amended by adding at the end the following new paragraph:
‘‘(6) LIMITATION ON DISCLOSURE REGARDING REGIONAL
INCOME TAX AGENCIES TREATED AS STATES.—For purposes of
paragraph (1), inspection by or disclosure to an entity described
in subsection (b)(5)(A)(iii) shall be for the purpose of, and only
to the extent necessary in, the administration of the laws
of the member municipalities in such entity relating to the
imposition of a tax on income or wages. Such entity may not
redisclose any return or return information received pursuant
to paragraph (1) to any such member municipality.’’.
(c) EFFECTIVE DATE.—The amendments made by this section
shall apply to disclosures made after December 31, 2006.
SEC. 422. DESIGNATION OF WINES BY SEMI-GENERIC NAMES.

26 USC 5388.

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(a) IN GENERAL.—Subsection (c) of section 5388 (relating to
use of semi-generic designations) is amended by adding at the
end the following new paragraph:
‘‘(3) SPECIAL RULE FOR USE OF CERTAIN SEMI-GENERIC DESIGNATIONS.—
‘‘(A) IN GENERAL.—In the case of any wine to which
this paragraph applies—
‘‘(i) paragraph (1) shall not apply,

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120 STAT. 2973

‘‘(ii) in the case of wine of the European Community, designations referred to in subparagraph (C)(i)
may be used for such wine only if the requirement
of subparagraph (B)(ii) is met, and
‘‘(iii) in the case any other wine bearing a brand
name, or brand name and fanciful name, semi-generic
designations may be used for such wine only if the
requirements of clauses (i), (ii), and (iii) of subparagraph (B) are met.
‘‘(B) REQUIREMENTS.—
‘‘(i) The requirement of this clause is met if there
appears in direct conjunction with the semi-generic
designation an appropriate appellation of origin disclosing the origin of the wine.
‘‘(ii) The requirement of this clause is met if the
wine conforms to the standard of identity, if any, for
such wine contained in the regulations under this section or, if there is no such standard, to the trade
understanding of such class or type.
‘‘(iii) The requirement of this clause is met if the
person, or its successor in interest, using the semigeneric designation held a Certificate of Label Approval
or Certificate of Exemption from Label Approval issued
by the Secretary for a wine label bearing such brand
name, or brand name and fanciful name, before March
10, 2006, on which such semi-generic designation
appeared.
‘‘(C) WINES TO WHICH PARAGRAPH APPLIES.—
‘‘(i) IN GENERAL.—Except as provided in clause
(ii), this paragraph shall apply to any grape wine which
is designated as Burgundy, Claret, Chablis, Champagne, Chianti, Malaga, Marsala, Madeira, Moselle,
Port, Retsina, Rhine Wine or Hock, Sauterne, Haut
Sauterne, Sherry, or Tokay.
‘‘(ii) EXCEPTION.—This paragraph shall not apply
to wine which—
‘‘(I) contains less than 7 percent or more than
24 percent alcohol by volume,
‘‘(II) is intended for sale outside the United
States, or
‘‘(III) does not bear a brand name.’’.
(b) EFFECTIVE DATE.—The amendments made by this section
shall apply to wine imported or bottled in the United States on
or after the date of enactment of this Act.

26 USC 5388
note.

SEC. 423. MODIFICATION OF RAILROAD TRACK MAINTENANCE CREDIT.

(a) IN GENERAL.—Section 45G(d) (defining qualified railroad
track maintenance expenditures) is amended—
(1) by inserting ‘‘gross’’ after ‘‘means’’, and
(2) by inserting ‘‘(determined without regard to any consideration for such expenditures given by the Class II or Class
III railroad which made the assignment of such track)’’ after
‘‘Class II or Class III railroad’’.
(b) EFFECTIVE DATE.—The amendment made by this section
shall take effect as if included in the amendment made by section
245(a) of the American Jobs Creation Act of 2004.

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26 USC 45G
note.

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PUBLIC LAW 109–432—DEC. 20, 2006

SEC. 424. MODIFICATION OF EXCISE TAX ON UNRELATED BUSINESS
TAXABLE INCOME OF CHARITABLE REMAINDER TRUSTS.
26 USC 664.

26 USC 664 note.

(a) IN GENERAL.—Subsection (c) of section 664 (relating to
exemption from income taxes) is amended to read as follows:
‘‘(c) TAXATION OF TRUSTS.—
‘‘(1) INCOME TAX.—A charitable remainder annuity trust
and a charitable remainder unitrust shall, for any taxable
year, not be subject to any tax imposed by this subtitle.
‘‘(2) EXCISE TAX.—
‘‘(A) IN GENERAL.—In the case of a charitable
remainder annuity trust or a charitable remainder unitrust
which has unrelated business taxable income (within the
meaning of section 512, determined as if part III of subchapter F applied to such trust) for a taxable year, there
is hereby imposed on such trust or unitrust an excise
tax equal to the amount of such unrelated business taxable
income.
‘‘(B) CERTAIN RULES TO APPLY.—The tax imposed by
subparagraph (A) shall be treated as imposed by chapter
42 for purposes of this title other than subchapter E of
chapter 42.
‘‘(C) TAX COURT PROCEEDINGS.—For purposes of this
paragraph, the references in section 6212(c)(1) to section
4940 shall be deemed to include references to this paragraph.’’.
(b) EFFECTIVE DATE.—The amendment made by this section
shall apply to taxable years beginning after December 31, 2006.
SEC. 425. LOANS TO QUALIFIED CONTINUING CARE FACILITIES MADE
PERMANENT.

(a) IN GENERAL.—Subsection (h) of section 7872 (relating to
exception for loans to qualified continuing care facilities) is amended
by striking paragraph (4).
(b) EFFECTIVE DATE.—The amendment made by this section
shall take effect as if included in section 209 of the Tax Increase
Prevention and Reconciliation Act of 2005.

26 USC 7872
note.

SEC. 426. TECHNICAL CORRECTIONS.

Regulations.

26 USC 954 note.

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(a) TECHNICAL CORRECTION RELATING TO LOOK-THROUGH
TREATMENT OF PAYMENTS BETWEEN RELATED CONTROLLED FOREIGN
CORPORATIONS UNDER THE FOREIGN PERSONAL HOLDING COMPANY
RULES.—
(1) IN GENERAL.—
(A) The first sentence of section 954(c)(6)(A) is amended
by striking ‘‘which is not subpart F income’’ and inserting
‘‘which is neither subpart F income nor income treated
as effectively connected with the conduct of a trade or
business in the United States’’.
(B) Section 954(c)(6)(A) is amended by striking the
last sentence and inserting the following: ‘‘The Secretary
shall prescribe such regulations as may be necessary or
appropriate to carry out this paragraph, including such
regulations as may be necessary or appropriate to prevent
the abuse of the purposes of this paragraph.’’.
(2) EFFECTIVE DATE.—The amendments made by this subsection shall take effect as if included in section 103(b) of
the Tax Increase Prevention and Reconciliation Act of 2005.

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CISE

120 STAT. 2975

(b) TECHNICAL CORRECTION REGARDING AUTHORITY TO EXERREASONABLE CAUSE AND GOOD FAITH EXCEPTION.—
(1) IN GENERAL.—Section 903(d)(2)(B)(iii) of the American
Jobs Creation Act of 2004, as amended by section 303(a) of
the Gulf Opportunity Zone Act of 2005, is amended by inserting
‘‘or the Secretary’s delegate’’ after ‘‘the Secretary of the
Treasury’’.
(2) EFFECTIVE DATE.—The amendment made by this subsection shall take effect as if included in the provisions of
the American Jobs Creation Act of 2004 to which it relates.

DIVISION B—MEDICARE AND OTHER
HEALTH PROVISIONS
SEC. 1. SHORT TITLE OF DIVISION.

This division may be cited as the ‘‘Medicare Improvements
and Extension Act of 2006’’.

26 USC 6404
note.
26 USC 6404
note.

Medicare
Improvements
and Extension
Act of 2006.
42 USC 1305
note.

TITLE I—MEDICARE IMPROVED
QUALITY AND PROVIDER PAYMENTS
SEC. 101. PHYSICIAN PAYMENT AND QUALITY IMPROVEMENT.

(a) ONE-YEAR INCREASE IN MEDICARE PHYSICIAN FEE SCHEDULE
CONVERSION FACTOR.—Section 1848(d) of the Social Security Act
(42 U.S.C. 1395w–4(d)) is amended by adding at the end the following new paragraph:
‘‘(7) CONVERSION FACTOR FOR 2007.—
‘‘(A) IN GENERAL.—The conversion factor that would
otherwise be applicable under this subsection for 2007 shall
be the amount of such conversion factor divided by the
product of—
‘‘(i) 1 plus the Secretary’s estimate of the percentage increase in the MEI (as defined in section
1842(i)(3)) for 2007 (divided by 100); and
‘‘(ii) 1 plus the Secretary’s estimate of the update
adjustment factor under paragraph (4)(B) for 2007.
‘‘(B) NO EFFECT ON COMPUTATION OF CONVERSION
FACTOR FOR 2008.—The conversion factor under this subsection shall be computed under paragraph (1)(A) for 2008
as if subparagraph (A) had never applied.’’.
(b) QUALITY REPORTING SYSTEM.—Section 1848 of the Social
Security Act (42 U.S.C. 1395w–4) is amended by adding at the
end the following new subsection:
‘‘(k) QUALITY REPORTING SYSTEM.—
‘‘(1) IN GENERAL.—The Secretary shall implement a system
for the reporting by eligible professionals of data on quality
measures specified under paragraph (2). Such data shall be
submitted in a form and manner specified by the Secretary
(by program instruction or otherwise), which may include
submission of such data on claims under this part.
‘‘(2) USE OF CONSENSUS-BASED QUALITY MEASURES.—
‘‘(A) FOR 2007.—

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120 STAT. 2976
Website,
publication.
Deadline.

Website,
publication.

Deadline.
Federal Register,
publication.

Public comment.

Deadline.
Federal Register,
publication.

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‘‘(i) IN GENERAL.—For purposes of applying this
subsection for the reporting of data on quality measures for covered professional services furnished during
the period beginning July 1, 2007, and ending
December 31, 2007, the quality measures specified
under this paragraph are the measures identified as
2007 physician quality measures under the Physician
Voluntary Reporting Program as published on the
public website of the Centers for Medicare & Medicaid
Services as of the date of the enactment of this subsection, except as may be changed by the Secretary
based on the results of a consensus-based process in
January of 2007, if such change is published on such
website by not later than April 1, 2007.
‘‘(ii) SUBSEQUENT REFINEMENTS IN APPLICATION
PERMITTED.—The Secretary may, from time to time
(but not later than July 1, 2007), publish on such
website (without notice or opportunity for public comment) modifications or refinements (such as code additions, corrections, or revisions) for the application of
quality measures previously published under clause
(i), but may not, under this clause, change the quality
measures under the reporting system.
‘‘(iii) IMPLEMENTATION.—Notwithstanding any
other provision of law, the Secretary may implement
by program instruction or otherwise this subsection
for 2007.
‘‘(B) FOR 2008.—
‘‘(i) IN GENERAL.—For purposes of reporting data
on quality measures for covered professional services
furnished during 2008, the quality measures specified
under this paragraph for covered professional services
shall be measures that have been adopted or endorsed
by a consensus organization (such as the National
Quality Forum or AQA), that include measures that
have been submitted by a physician specialty, and
that the Secretary identifies as having used a consensus-based process for developing such measures.
Such measures shall include structural measures, such
as the use of electronic health records and electronic
prescribing technology.
‘‘(ii) PROPOSED SET OF MEASURES.—Not later than
August 15, 2007, the Secretary shall publish in the
Federal Register a proposed set of quality measures
that the Secretary determines are described in clause
(i) and would be appropriate for eligible professionals
to use to submit data to the Secretary in 2008. The
Secretary shall provide for a period of public comment
on such set of measures.
‘‘(iii) FINAL SET OF MEASURES.—Not later than
November 15, 2007, the Secretary shall publish in
the Federal Register a final set of quality measures
that the Secretary determines are described in clause
(i) and would be appropriate for eligible professionals
to use to submit data to the Secretary in 2008.
‘‘(3) COVERED PROFESSIONAL SERVICES AND ELIGIBLE
PROFESSIONALS DEFINED.—For purposes of this subsection:

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‘‘(A) COVERED PROFESSIONAL SERVICES.—The term ‘covered professional services’ means services for which payment is made under, or is based on, the fee schedule
established under this section and which are furnished
by an eligible professional.
‘‘(B) ELIGIBLE PROFESSIONAL.—The term ‘eligible
professional’ means any of the following:
‘‘(i) A physician.
‘‘(ii) A practitioner described in section
1842(b)(18)(C).
‘‘(iii) A physical or occupational therapist or a
qualified speech-language pathologist.
‘‘(4) USE OF REGISTRY-BASED REPORTING.—As part of the
publication of proposed and final quality measures for 2008
under clauses (ii) and (iii) of paragraph (2)(B), the Secretary
shall address a mechanism whereby an eligible professional
may provide data on quality measures through an appropriate
medical registry (such as the Society of Thoracic Surgeons
National Database), as identified by the Secretary.
‘‘(5) IDENTIFICATION UNITS.—For purposes of applying this
subsection, the Secretary may identify eligible professionals
through billing units, which may include the use of the Provider
Identification Number, the unique physician identification
number (described in section 1833(q)(1)), the taxpayer identification number, or the National Provider Identifier. For purposes of applying this subsection for 2007, the Secretary shall
use the taxpayer identification number as the billing unit.
‘‘(6) EDUCATION AND OUTREACH.—The Secretary shall provide for education and outreach to eligible professionals on
the operation of this subsection.
‘‘(7) LIMITATIONS ON REVIEW.—There shall be no administrative or judicial review under section 1869, section 1878,
or otherwise, of the development and implementation of the
reporting system under paragraph (1), including identification
of quality measures under paragraph (2) and the application
of paragraphs (4) and (5).
‘‘(8) IMPLEMENTATION.—The Secretary shall carry out this
subsection acting through the Administrator of the Centers
for Medicare & Medicaid Services.’’.
(c) TRANSITIONAL BONUS INCENTIVE PAYMENTS FOR QUALITY
REPORTING IN 2007.—
(1) IN GENERAL.—With respect to covered professional services furnished during a reporting period (as defined in paragraph (6)(C)) by an eligible professional, if—
(A) there are any quality measures that have been
established under the physician reporting system that are
applicable to any such services furnished by such professional for such period, and
(B) the eligible professional satisfactorily submits (as
determined under paragraph (2)) to the Secretary data
on such quality measures in accordance with such reporting
system for such reporting period,
in addition to the amount otherwise paid under part B of
title XVIII of the Social Security Act, subject to paragraph
(3), there also shall be paid to the eligible professional (or
to an employer or facility in the cases described in clause
(A) of section 1842(b)(6) of the Social Security Act (42 U.S.C.

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42 USC 1395w–4
note.

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PUBLIC LAW 109–432—DEC. 20, 2006
1395u(b)(6))) from the Federal Supplementary Medical Insurance Trust Fund established under section 1841 of such Act
(42 U.S.C. 1395t) an amount equal to 1.5 percent of the Secretary’s estimate (based on claims submitted not later than
two months after the end of the reporting period) of the allowed
charges under such part for all such covered professional services furnished during the reporting period.
(2) SATISFACTORY REPORTING DESCRIBED.—For purposes of
paragraph (1), an eligible professional shall be treated as satisfactorily submitting data on quality measures for covered
professional services for a reporting period if quality measures
have been reported as follows:
(A) THREE OR FEWER QUALITY MEASURES APPLICABLE.—
If there are no more than 3 quality measures that are
provided under the physician reporting system and that
are applicable to such services of such professional furnished during the period, each such quality measure has
been reported under such system in at least 80 percent
of the cases in which such measure is reportable under
the system.
(B) FOUR OR MORE QUALITY MEASURES APPLICABLE.—
If there are 4 or more quality measures that are provided
under the physician reporting system and that are
applicable to such services of such professional furnished
during the period, at least 3 such quality measures have
been reported under such system in at least 80 percent
of the cases in which the respective measure is reportable
under the system.
(3) PAYMENT LIMITATION.—
(A) IN GENERAL.—In no case shall the total payment
made under this subsection to an eligible professional (or
to an employer or facility in the cases described in clause
(A) of section 1842(b)(6) of the Social Security Act) exceed
the product of—
(i) the total number of quality measures for which
data are submitted under the physician reporting
system for covered professional services of such professional that are furnished during the reporting period;
and
(ii) 300 percent of the average per measure payment amount specified in subparagraph (B).
(B) AVERAGE PER MEASURE PAYMENT AMOUNT SPECIFIED.—The average per measure payment amount specified
in this subparagraph is an amount, estimated by the Secretary (based on claims submitted not later than two
months after the end of the reporting period), equal to—
(i) the total of the amount of allowed charges under
part B of title XVIII of the Social Security Act for
all covered professional services furnished during the
reporting period on claims for which quality measures
are reported under the physician reporting system;
divided by
(ii) the total number of quality measures for which
data are reported under such system for covered professional services furnished during the reporting period.
(4) FORM OF PAYMENT.—The payment under this subsection
shall be in the form of a single consolidated payment.

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(5) APPLICATION.—
(A) PHYSICIAN REPORTING SYSTEM RULES.—Paragraphs
(5), (6), and (8) of section 1848(k) of the Social Security
Act, as added by subsection (b), shall apply for purposes
of this subsection in the same manner as they apply for
purposes of such section.
(B) COORDINATION WITH OTHER BONUS PAYMENTS.—
The provisions of this subsection shall not be taken into
account in applying subsections (m) and (u) of section 1833
of the Social Security Act (42 U.S.C. 1395l) and any payment under such subsections shall not be taken into
account in computing allowable charges under this subsection.
(C) IMPLEMENTATION.—Notwithstanding any other
provision of law, the Secretary may implement by program
instruction or otherwise this subsection.
(D) VALIDATION.—
(i) IN GENERAL.—Subject to the succeeding provisions of this subparagraph, for purposes of determining
whether a measure is applicable to the covered professional services of an eligible professional under paragraph (2), the Secretary shall presume that if an
eligible professional submits data for a measure, such
measure is applicable to such professional.
(ii) METHOD.—The Secretary shall validate (by
sampling or other means as the Secretary determines
to be appropriate) whether measures applicable to covered professional services of an eligible professional
have been reported.
(iii) DENIAL OF PAYMENT AUTHORITY.—If the Secretary determines that an eligible professional has not
reported measures applicable to covered professional
services of such professional, the Secretary shall not
pay the bonus incentive payment.
(E) LIMITATIONS ON REVIEW.—
(i) IN GENERAL.—There shall be no administrative
or judicial review under section 1869 or 1878 of the
Social Security Act or otherwise of—
(I) the determination of measures applicable
to services furnished by eligible professionals
under this subsection;
(II) the determination of satisfactory reporting
under paragraph (2);
(III) the determination of the payment limitation under paragraph (3); and
(IV) the determination of the bonus incentive
payment under this subsection.
(ii) TREATMENT OF DETERMINATIONS.—A determination under this subsection shall not be treated
as a determination for purposes of section 1869 of
the Social Security Act.
(6) DEFINITIONS.—For purposes of this subsection:
(A) ELIGIBLE PROFESSIONAL; COVERED PROFESSIONAL
SERVICES.—The terms ‘‘eligible professional’’ and ‘‘covered
professional services’’ have the meanings given such terms
in section 1848(k)(3) of the Social Security Act, as added
by subsection (b).

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(B) PHYSICIAN REPORTING SYSTEM.—The term ‘‘physician reporting system’’ means the system established under
section 1848(k) of the Social Security Act, as added by
subsection (b).
(C) REPORTING PERIOD.—The term ‘‘reporting period’’
means the period beginning on July 1, 2007, and ending
on December 31, 2007.
(D) SECRETARY.—The term ‘‘Secretary’’ means the Secretary of Health and Human Services.
(d) PHYSICIAN ASSISTANCE AND QUALITY INITIATIVE FUND.—
Section 1848 of the Social Security Act, as amended by subsection
(b), is further amended by adding at the end the following new
subsection:
‘‘(l) PHYSICIAN ASSISTANCE AND QUALITY INITIATIVE FUND.—
‘‘(1) ESTABLISHMENT.—The Secretary shall establish under
this subsection a Physician Assistance and Quality Initiative
Fund (in this subsection referred to as the ‘Fund’) which shall
be available to the Secretary for physician payment and quality
improvement initiatives, which may include application of an
adjustment to the update of the conversion factor under subsection (d).
‘‘(2) FUNDING.—
‘‘(A) AMOUNT AVAILABLE.—There shall be available to
the Fund for expenditures an amount equal to
$1,350,000,000.
‘‘(B) TIMELY OBLIGATION OF ALL AVAILABLE FUNDS FOR
SERVICES FURNISHED DURING 2008.—The Secretary shall
provide for expenditures from the Fund in a manner
designed to provide (to the maximum extent feasible) for
the obligation of the entire amount specified in subparagraph (A) for payment with respect to physicians’ services
furnished during 2008.
‘‘(C) PAYMENT FROM TRUST FUND.—The amount specified in subparagraph (A) shall be available to the Fund,
as expenditures are made from the Fund, from the Federal
Supplementary Medical Insurance Trust Fund under section 1841.
‘‘(D) FUNDING LIMITATION.—Amounts in the Fund shall
be available in advance of appropriations in accordance
with subparagraph (B) but only if the total amount obligated from the Fund does not exceed the amount available
to the Fund under subparagraph (A). The Secretary may
obligate funds from the Fund only if the Secretary determines (and the Chief Actuary of the Centers for Medicare
& Medicaid Services and the appropriate budget officer
certify) that there are available in the Fund sufficient
amounts to cover all such obligations incurred consistent
with the previous sentence.
‘‘(E) CONSTRUCTION.—In the case that expenditures
from the Fund are applied to, or otherwise affect, a conversion factor under subsection (d) for a year, the conversion
factor under such subsection shall be computed for a subsequent year as if such application or effect had never
occurred.’’.
(e) IMPLEMENTATION.—For purposes of implementing the provisions of, and amendments made by, this section, the Secretary
of Health and Human Services shall provide for the transfer, from

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the Federal Supplementary Medical Insurance Trust Fund established under section 1841 of the Social Security Act (42 U.S.C.
1395t), of $60,000,000 to the Centers for Medicare & Medicaid
Services Program Management Account for the period of fiscal
years 2007, 2008, and 2009.
SEC. 102. EXTENSION OF FLOOR ON MEDICARE WORK GEOGRAPHIC
ADJUSTMENT.

Section 1848(e)(1)(E) of the Social Security Act (42 U.S.C.
1395w–4(e)(1)(E)) is amended by striking ‘‘before January 1, 2007’’
and inserting ‘‘before January 1, 2008’’.
SEC. 103. UPDATE TO THE COMPOSITE RATE COMPONENT OF THE
BASIC CASE-MIX ADJUSTED PROSPECTIVE PAYMENT
SYSTEM FOR DIALYSIS SERVICES.

(a) IN GENERAL.—Section 1881(b)(12)(G) of the Social Security
Act (42 U.S.C. 1395rr(b)(12)(G)) is amended to read as follows:
‘‘(G) The Secretary shall increase the amount of the composite
rate component of the basic case-mix adjusted system under
subparagraph (B) for dialysis services—
‘‘(i) furnished on or after January 1, 2006, and before
April 1, 2007, by 1.6 percent above the amount of such composite rate component for such services furnished on December
31, 2005; and
‘‘(ii) furnished on or after April 1, 2007, by 1.6 percent
above the amount of such composite rate component for such
services furnished on March 31, 2007.’’.
(b) GAO REPORT ON HOME DIALYSIS PAYMENT.—Not later than
January 1, 2009, the Comptroller General of the United States
shall submit to Congress a report on the costs for home hemodialysis
treatment and patient training for both home hemodialysis and
peritoneal dialysis. Such report shall also include recommendations
for a payment methodology for payment under section 1881 of
the Social Security Act (42 U.S.C. 1395rr) that measures, and
is based on, the costs of providing such services and takes into
account the case mix of patients.
SEC.

104.

EXTENSION OF TREATMENT OF CERTAIN
PATHOLOGY SERVICES UNDER MEDICARE.

PHYSICIAN

Section 542(c) of the Medicare, Medicaid, and SCHIP Benefits
Improvement and Protection Act of 2000 (as enacted into law by
section 1(a)(6) of Public Law 106–554), as amended by section
732 of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 (Public Law 108–173), is amended by striking
‘‘and 2006’’ and inserting ‘‘, 2006, and 2007’’.
SEC. 105. EXTENSION OF MEDICARE REASONABLE COSTS PAYMENTS
FOR CERTAIN CLINICAL DIAGNOSTIC LABORATORY
TESTS FURNISHED TO HOSPITAL PATIENTS IN CERTAIN
RURAL AREAS.

Effective as if included in the enactment of section 416 of
the Medicare Prescription Drug, Improvement, and Modernization
Act of 2003 (42 U.S.C. 1395l–4), subsection (b) of such section
is amended by striking ‘‘2-year period’’ and inserting ‘‘3-year period’’.

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SEC. 106. HOSPITAL MEDICARE REPORTS AND CLARIFICATIONS.
42 USC 1395
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(a) CORRECTION OF MID-YEAR RECLASSIFICATION EXPIRATION.—
Notwithstanding any other provision of law, in the case of a subsection (d) hospital (as defined for purposes of section 1886 of
the Social Security Act (42 U.S.C. 1395ww)) with respect to which
a reclassification of its wage index for purposes of such section
would (but for this subsection) expire on March 31, 2007, such
reclassification of such hospital shall be extended through September 30, 2007. The previous sentence shall not be effected in
a budget-neutral manner.
(b) REVISION OF THE MEDICARE WAGE INDEX CLASSIFICATION
SYSTEM.—
(1) MEDPAC REPORT.—
(A) IN GENERAL.—The Medicare Payment Advisory
Commission shall submit to Congress, by not later than
June 30, 2007, a report on its study of the wage index
classification system applied under Medicare prospective
payment systems, including under section 1886(d)(3)(E) of
the Social Security Act (42 U.S.C. 1395ww(d)(3)(E)). Such
report shall include any alternatives the Commission recommends to the method to compute the wage index under
such section.
(B) FUNDING.—Out of any funds in the Treasury not
otherwise appropriated, there are appropriated to the Medicare Payment Advisory Commission, $2,000,000 for fiscal
year 2007 to carry out this paragraph.
(2) PROPOSAL TO REVISE THE HOSPITAL WAGE INDEX CLASSIFICATION SYSTEM.—The Secretary of Health and Human Services, taking into account the recommendations described in
the report under paragraph (1), shall include in the proposed
rule published under section 1886(e)(5)(A) of the Social Security
Act (42 U.S.C. 1395ww(e)(5)(A)) for fiscal year 2009 one or
more proposals to revise the wage index adjustment applied
under section 1886(d)(3)(E) of such Act (42 U.S.C.
1395ww(d)(3)(E)) for purposes of the Medicare prospective payment system for inpatient hospital services. Such proposal (or
proposals) shall consider each of the following:
(A) Problems associated with the definition of labor
markets for purposes of such wage index adjustment.
(B) The modification or elimination of geographic
reclassifications and other adjustments.
(C) The use of Bureau of Labor Statistics data, or
other data or methodologies, to calculate relative wages
for each geographic area involved.
(D) Minimizing variations in wage index adjustments
between and within Metropolitan Statistical Areas and
Statewide rural areas.
(E) The feasibility of applying all components of the
proposal to other settings, including home health agencies
and skilled nursing facilities.
(F) Methods to minimize the volatility of wage index
adjustments, while maintaining the principle of budget
neutrality in applying such adjustments.
(G) The effect that the implementation of the proposal
would have on health care providers and on each region
of the country.

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(H) Methods for implementing the proposal, including
methods to phase-in such implementation.
(I) Issues relating to occupational mix, such as staffing
practices and any evidence on the effect on quality of
care and patient safety and any recommendations for alternative calculations.
(c) ELIMINATION OF UNNECESSARY REPORT.—Section 1886 of
the Social Security Act (42 U.S.C. 1395ww) is amended—
(1) in subsection (d)(4)(C), by striking clause (iv); and
(2) in subsection (e), by striking paragraph (3).
SEC. 107. PAYMENT FOR BRACHYTHERAPY.

(a) EXTENSION OF PAYMENT RULE.—Section 1833(t)(16)(C) of
the Social Security Act (42 U.S.C. 1395l(t)(16)(C)) is amended by
striking ‘‘January 1, 2007’’ and inserting ‘‘January 1, 2008’’.
(b) ESTABLISHMENT OF SEPARATE PAYMENT GROUPS.—
(1) IN GENERAL.—Section 1833(t)(2)(H) of such Act (42
U.S.C. 1395l(t)(2)(H)) is amended by inserting ‘‘and for stranded
and non-stranded devices furnished on or after July 1, 2007’’
before the period at the end.
(2) IMPLEMENTATION.—The Secretary of Health and Human
Services may implement the amendment made by paragraph
(1) by program instruction or otherwise.

42 USC 1395l
note.

SEC. 108. PAYMENT PROCESS UNDER THE COMPETITIVE ACQUISITION
PROGRAM (CAP).

(a) IN GENERAL.—Section 1847B(a)(3) of the Social Security
Act (42 U.S.C. 1395w–3b(a)(3)) is amended—
(1) in subparagraph (A)(iii), by striking ‘‘and biologicals’’
and all that follows and inserting ‘‘and biologicals shall be
made only to such contractor upon receipt of a claim for a
drug or biological supplied by the contractor for administration
to a beneficiary.’’; and
(2) by adding at the end the following new subparagraph:
‘‘(D) POST-PAYMENT REVIEW PROCESS.—The Secretary
shall establish (by program instruction or otherwise) a
post-payment review process (which may include the use
of statistical sampling) to assure that payment is made
for a drug or biological under this section only if the drug
or biological has been administered to a beneficiary. The
Secretary shall recoup, offset, or collect any overpayments
determined by the Secretary under such process.’’.
(b) CONSTRUCTION.—Nothing in this section shall be construed
as—
(1) requiring the conduct of any additional competition
under subsection (b)(1) of section 1847B of the Social Security
Act (42 U.S.C. 1395w–3b); or
(2) requiring any additional process for elections by physicians under subsection (a)(1)(A)(ii) of such section or additional
selection by a selecting physician of a contractor under subsection (a)(5) of such section.
(c) EFFECTIVE DATE.—The amendments made by subsection
(a) shall apply to payment for drugs and biologicals supplied under
section 1847B of the Social Security Act (42 U.S.C. 1395w–3b)—
(1) on or after April 1, 2007; and
(2) on or after July 1, 2006, and before April 1, 2007,
for claims that are unpaid as of April 1, 2007.

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SEC. 109. QUALITY REPORTING FOR HOSPITAL OUTPATIENT SERVICES
AND AMBULATORY SURGICAL CENTER SERVICES.

(a) OUTPATIENT HOSPITAL SERVICES.—
(1) IN GENERAL.—Section 1833(t) of the Social Security
Act (42 U.S.C. 1395l(t)) is amended—
(A) in paragraph (3)(C)(iv), by inserting ‘‘subject to
paragraph (17),’’ after ‘‘For purposes of this subparagraph,’’;
and
(B) by adding at the end the following new paragraph:
‘‘(17) QUALITY REPORTING.—
‘‘(A) REDUCTION IN UPDATE FOR FAILURE TO REPORT.—
‘‘(i) IN GENERAL.—For purposes of paragraph
(3)(C)(iv) for 2009 and each subsequent year, in the
case of a subsection (d) hospital (as defined in section
1886(d)(1)(B)) that does not submit, to the Secretary
in accordance with this paragraph, data required to
be submitted on measures selected under this paragraph with respect to such a year, the OPD fee
schedule increase factor under paragraph (3)(C)(iv) for
such year shall be reduced by 2.0 percentage points.
‘‘(ii) NON-CUMULATIVE APPLICATION.—A reduction
under this subparagraph shall apply only with respect
to the year involved and the Secretary shall not take
into account such reduction in computing the OPD
fee schedule increase factor for a subsequent year.
‘‘(B) FORM AND MANNER OF SUBMISSION.—Each subsection (d) hospital shall submit data on measures selected
under this paragraph to the Secretary in a form and
manner, and at a time, specified by the Secretary for purposes of this paragraph.
‘‘(C) DEVELOPMENT OF OUTPATIENT MEASURES.—
‘‘(i) IN GENERAL.—The Secretary shall develop
measures that the Secretary determines to be appropriate for the measurement of the quality of care
(including medication errors) furnished by hospitals
in outpatient settings and that reflect consensus among
affected parties and, to the extent feasible and practicable, shall include measures set forth by one or
more national consensus building entities.
‘‘(ii) CONSTRUCTION.—Nothing in this paragraph
shall be construed as preventing the Secretary from
selecting measures that are the same as (or a subset
of) the measures for which data are required to be
submitted under section 1886(b)(3)(B)(viii).
‘‘(D) REPLACEMENT OF MEASURES.—For purposes of this
paragraph, the Secretary may replace any measures or
indicators in appropriate cases, such as where all hospitals
are effectively in compliance or the measures or indicators
have been subsequently shown not to represent the best
clinical practice.
‘‘(E) AVAILABILITY OF DATA.—The Secretary shall establish procedures for making data submitted under this paragraph available to the public. Such procedures shall ensure
that a hospital has the opportunity to review the data
that are to be made public with respect to the hospital
prior to such data being made public. The Secretary shall
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patients’ perspectives on care, efficiency, and costs of care
that relate to services furnished in outpatient settings in
hospitals on the Internet website of the Centers for Medicare & Medicaid Services.’’.
AMENDMENT.—Section
(2)
CONFORMING
1886(b)(3)(B)(viii)(III)
of
such
Act
(42
U.S.C.
1395ww(b)(3)(B)(viii)(III)) is amended by inserting ‘‘(including
medication errors)’’ after ‘‘quality of care’’.
(b) APPLICATION TO AMBULATORY SURGICAL CENTERS.—Section
1833(i) of such Act (42 U.S.C. 1935l(i)) is amended—
(1) in paragraph (2)(D), by redesignating clause (iv) as
clause (v) and by inserting after clause (iii) the following new
clause:
‘‘(iv) The Secretary may implement such system in a manner
so as to provide for a reduction in any annual update for failure
to report on quality measures in accordance with paragraph (7).’’;
and
(2) by adding at the end the following new paragraph:
‘‘(7)(A) For purposes of paragraph (2)(D)(iv), the Secretary may
provide, in the case of an ambulatory surgical center that does
not submit, to the Secretary in accordance with this paragraph,
data required to be submitted on measures selected under this
paragraph with respect to a year, any annual increase provided
under the system established under paragraph (2)(D) for such year
shall be reduced by 2.0 percentage points. A reduction under this
subparagraph shall apply only with respect to the year involved
and the Secretary shall not take into account such reduction in
computing any annual increase factor for a subsequent year.
‘‘(B) Except as the Secretary may otherwise provide, the provisions of subparagraphs (B), (C), (D), and (E) of paragraph (17)
of section 1833(t) shall apply with respect to services of ambulatory
surgical centers under this paragraph in a similar manner to the
manner in which they apply under such paragraph and, for purposes
of this subparagraph, any reference to a hospital, outpatient setting,
or outpatient hospital services is deemed a reference to an ambulatory surgical center, the setting of such a center, or services of
such a center, respectively.’’.
(c) EFFECTIVE DATE.—The amendments made by this section
shall apply to payment for services furnished on or after January
1, 2009.

42 USC 1395l
note.

SEC. 110. REPORTING OF ANEMIA QUALITY INDICATORS FOR MEDICARE PART B CANCER ANTI-ANEMIA DRUGS.

(a) IN GENERAL.—Section 1842 of the Social Security Act (42
U.S.C. 1395u) is amended by adding at the end the following
new subsection:
‘‘(u) Each request for payment, or bill submitted, for a drug
furnished to an individual for the treatment of anemia in connection
with the treatment of cancer shall include (in a form and manner
specified by the Secretary) information on the hemoglobin or
hematocrit levels for the individual.’’.
(b) EFFECTIVE DATE.—The amendment made by subsection (a)
shall apply to drugs furnished on or after January 1, 2008. The
Secretary of Health and Human Services shall address the
implementation of such amendment in the rulemaking process
under section 1848 of the Social Security Act (42 U.S.C. 1395w–

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4) for payment for physicians’ services for 2008, consistent with
the previous sentence.
SEC. 111. CLARIFICATION OF HOSPICE SATELLITE DESIGNATION.

Notwithstanding any other provision of law, for purposes of
calculating the hospice aggregate payment cap for 2004, 2005, and
2006 for a hospice program under section 1814(i)(2)(A) of the Social
Security Act (42 U.S.C. 1395f(i)(2)(A)) for hospice care provided
on or after November 1, 2003, and before December 27, 2005,
Medicare provider number 29–1511 is deemed to be a multiple
location of Medicare provider number 29–1500.

TITLE II—MEDICARE BENEFICIARY
PROTECTIONS
SEC. 201. EXTENSION OF EXCEPTIONS PROCESS FOR MEDICARE
THERAPY CAPS.

Section 1833(g)(5) of the Social Security Act (42 U.S.C.
1395l(g)(5)) is amended by striking ‘‘2006’’ and inserting ‘‘the period
beginning on January 1, 2006, and ending on December 31, 2007,’’.
SEC. 202. PAYMENT FOR ADMINISTRATION OF PART D VACCINES.
42 USC
1395w–102 note.

(a) TRANSITION FOR 2007.—Notwithstanding any other provision
of law, in the case of a vaccine that is a covered part D drug
under section 1860D–2(e) of the Social Security Act (42 U.S.C.
1395w–102(e)) and that is administered during 2007, the administration of such vaccine shall be paid under part B of title XVIII
of such Act as if it were the administration of a vaccine described
in section 1861(s)(10)(B) of such Act (42 U.S.C. 1395w(s)(10)(B)).
(b) ADMINISTRATION INCLUDED IN COVERAGE OF COVERED PART
D DRUGS BEGINNING IN 2008.—Section 1860D–2(e)(1) of the Social
Security Act (42 U.S.C. 1395w–102(e)(1)) is amended, in the matter
following subparagraph (B), by inserting ‘‘(and, for vaccines administered on or after January 1, 2008, its administration)’’ after ‘‘Public
Health Service Act’’.
SEC. 203. OIG STUDY OF NEVER EVENTS.

(a) STUDY.—
(1) IN GENERAL.—The Inspector General in the Department
of Health and Human Services shall conduct a study on—
(A) incidences of never events for Medicare beneficiaries, including types of such events and payments by
any party for such events;
(B) the extent to which the Medicare program paid,
denied payment, or recouped payment for services furnished in connection with such events and the extent to
which beneficiaries paid for such services; and
(C) the administrative processes of the Centers for
Medicare & Medicaid Services to detect such events and
to deny or recoup payments for services furnished in
connection with such an event.
(2) CONDUCT OF STUDY.—In conducting the study under
paragraph (1), the Inspector General—
(A) shall audit a representative sample of claims and
medical records of Medicare beneficiaries to identify never

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events and any payment (or recoupment) for services furnished in connection with such events;
(B) may request access to such claims and records
from any Medicare contractor; and
(C) shall not release individually identifiable information or facility-specific information.
(b) REPORT.—Not later than 2 years after the date of the
enactment of this Act, the Inspector General shall submit a report
to Congress on the study conducted under this section. Such report
shall include recommendations for such legislation and administrative action, such as a noncoverage policy or denial of payments,
as the Inspector General determines appropriate, including—
(1) recommendations on processes to identify never events
and to deny or recoup payments for services furnished in
connection with such events; and
(2) a recommendation on a potential process (or processes)
for public disclosure of never events which—
(A) will ensure protection of patient privacy; and
(B) will permit the use of the disclosed information
for a root cause analysis to inform the public and the
medical community about safety issues involved.
(c) FUNDING.—Out of any funds in the Treasury not otherwise
appropriated, there are appropriated to the Inspector General of
the Department of Health and Human Services $3,000,000 to carry
out this section, to be available until January 1, 2010.
(d) NEVER EVENTS DEFINED.—For purposes of this section, the
term ‘‘never event’’ means an event that is listed and endorsed
as a serious reportable event by the National Quality Forum as
of November 16, 2006.
SEC. 204. MEDICARE MEDICAL HOME DEMONSTRATION PROJECT.

(a) IN GENERAL.—The Secretary of Health and Human Services
(in this section referred to as the ‘‘Secretary’’) shall establish under
title XVIII of the Social Security Act a medical home demonstration
project (in this section referred to as the ‘‘project’’) to redesign
the health care delivery system to provide targeted, accessible,
continuous and coordinated, family-centered care to high-need populations and under which—
(1) care management fees are paid to persons performing
services as personal physicians; and
(2) incentive payments are paid to physicians participating
in practices that provide services as a medical home under
subsection (d).
For purposes of this subsection, the term ‘‘high-need population’’
means individuals with multiple chronic illnesses that require regular medical monitoring, advising, or treatment.
(b) DETAILS.—
(1) DURATION; SCOPE.—The project shall operate during
a period of three years and shall include urban, rural, and
underserved areas in a total of no more than 8 States.
(2) ENCOURAGING PARTICIPATION OF SMALL PHYSICIAN PRACTICES.—The project shall be designed to include the participation of physicians in practices with fewer than three full-time
equivalent physicians, as well as physicians in larger practices
particularly in rural and underserved areas.
(c) PERSONAL PHYSICIAN DEFINED.—

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(1) IN GENERAL.—For purposes of this section, the term
‘‘personal physician’’ means a physician (as defined in section
1861(r)(1) of the Social Security Act (42 U.S.C. 1395x(r)(1))
who—
(A) meets the requirements described in paragraph
(2); and
(B) performs the services described in paragraph (3).
Nothing in this paragraph shall be construed as preventing
such a physician from being a specialist or subspecialist for
an individual requiring ongoing care for a specific chronic condition or multiple chronic conditions (such as severe asthma,
complex diabetes, cardiovascular disease, rheumatologic disorder) or for an individual with a prolonged illness.
(2) REQUIREMENTS.—The requirements described in this
paragraph for a personal physician are as follows:
(A) The physician is a board certified physician who
provides first contact and continuous care for individuals
under the physician’s care.
(B) The physician has the staff and resources to manage the comprehensive and coordinated health care of each
such individual.
(3) SERVICES PERFORMED.—A personal physician shall perform or provide for the performance of at least the following
services:
(A) Advocates for and provides ongoing support, oversight, and guidance to implement a plan of care that provides an integrated, coherent, cross-discipline plan for
ongoing medical care developed in partnership with
patients and including all other physicians furnishing care
to the patient involved and other appropriate medical personnel or agencies (such as home health agencies).
(B) Uses evidence-based medicine and clinical decision
support tools to guide decision-making at the point-of-care
based on patient-specific factors.
(C) Uses health information technology, that may
include remote monitoring and patient registries, to monitor and track the health status of patients and to provide
patients with enhanced and convenient access to health
care services.
(D) Encourages patients to engage in the management
of their own health through education and support systems.
(d) MEDICAL HOME DEFINED.—For purposes of this section,
the term ‘‘medical home’’ means a physician practice that—
(1) is in charge of targeting beneficiaries for participation
in the project; and
(2) is responsible for—
(A) providing safe and secure technology to promote
patient access to personal health information;
(B) developing a health assessment tool for the individuals targeted; and
(C) providing training programs for personnel involved
in the coordination of care.
(e) PAYMENT MECHANISMS.—
(1) PERSONAL PHYSICIAN CARE MANAGEMENT FEE.—Under
the project, the Secretary shall provide for payment under
section 1848 of the Social Security Act (42 U.S.C. 1395w–
4) of a care management fee to personal physicians providing

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care management under the project. Under such section and
using the relative value scale update committee (RUC) process
under such section, the Secretary shall develop a care management fee code for such payments and a value for such code.
(2) MEDICAL HOME SHARING IN SAVINGS.—The Secretary
shall provide for payment under the project of a medical home
based on the payment methodology applied to physician group
practices under section 1866A of the Social Security Act (42
U.S.C. 1395cc–1). Under such methodology, 80 percent of the
reductions in expenditures under title XVIII of the Social Security Act resulting from participation of individuals that are
attributable to the medical home (as reduced by the total care
managements fees paid to the medical home under the project)
shall be paid to the medical home. The amount of such reductions in expenditures shall be determined by using assumptions
with respect to reductions in the occurrence of health complications, hospitalization rates, medical errors, and adverse drug
reactions.
(3) SOURCE.—Payments paid under the project shall be
made from the Federal Supplementary Medical Insurance Trust
Fund under section 1841 of the Social Security Act (42 U.S.C.
1395t).
(f) EVALUATIONS AND REPORTS.—
(1) ANNUAL INTERIM EVALUATIONS AND REPORTS.—For each
year of the project, the Secretary shall provide for an evaluation
of the project and shall submit to Congress, by a date specified
by the Secretary, a report on the project and on the evaluation
of the project for each such year.
(2) FINAL EVALUATION AND REPORT.—The Secretary shall
provide for an evaluation of the project and shall submit to
Congress, not later than one year after completion of the project,
a report on the project and on the evaluation of the project.
SEC. 205. MEDICARE DRA TECHNICAL CORRECTIONS.

(a) PACE CLARIFICATION.—Paragraph (7) of section 5302(c) of
the Deficit Reduction Act of 2005 (42 U.S.C. 1395eee note) is
amended to read as follows:
‘‘(7) APPROPRIATION.—
‘‘(A) IN GENERAL.—Out of funds in the Treasury not
otherwise appropriated, there are appropriated to the Secretary $10,000,000 to carry out this subsection for the
period of fiscal years 2006 through 2010.
appropriated
under
‘‘(B)
AVAILABILITY.—Funds
subparagraph (A) shall remain available for obligation
through fiscal year 2010.’’.
(b) MISCELLANEOUS TECHNICAL CORRECTIONS.—
(1) CORRECTION OF MARGIN (SECTION 5001).—Section
1886(b)(3)(B) of the Social Security Act (42 U.S.C.
1395ww(b)(3)(B)), as amended by section 5001(a) of the Deficit
Reduction Act of 2005 (Public Law 109–171), is amended by
moving clause (viii) (including subclauses (I) through (VII) of
such clause) 6 ems to the left.
(2) REFERENCE CORRECTION (SECTION 5114).—Section
5114(a)(2) of the Deficit Reduction Act of 2005 (Public Law
109–171), in the matter preceding subparagraph (A), is
amended by striking ‘‘1842(b)(6)(F) of such Act (42 U.S.C.

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PUBLIC LAW 109–432—DEC. 20, 2006

1395u(b)(6)(F))’’ and inserting ‘‘1842(b)(6) of such Act (42 U.S.C.
1395u(b)(6))’’.
(c) EFFECTIVE DATE.—The amendments made by this section
shall take effect as if included in the enactment of the Deficit
Reduction Act of 2005 (Public Law 109–171).
SEC. 206. LIMITED CONTINUOUS OPEN ENROLLMENT OF ORIGINAL
MEDICARE FEE-FOR-SERVICE ENROLLEES INTO MEDICARE ADVANTAGE NON-PRESCRIPTION DRUG PLANS.

(a) IN GENERAL.—Section 1851(e)(2) of the Social Security Act
(42 U.S.C. 1395w–21(e)(2)) is amended by adding at the end the
following new subparagraph:
‘‘(E) LIMITED CONTINUOUS OPEN ENROLLMENT OF
ORIGINAL FEE-FOR-SERVICE ENROLLEES IN MEDICARE ADVANTAGE NON-PRESCRIPTION DRUG PLANS.—
‘‘(i) IN GENERAL.—On any date during 2007 or
2008 on which a Medicare Advantage eligible individual is an unenrolled fee-for-service individual (as
defined in clause (ii)), the individual may elect under
subsection (a)(1) to enroll in a Medicare Advantage
plan that is not an MA–PD plan.
‘‘(ii) UNENROLLED FEE-FOR-SERVICE INDIVIDUAL
DEFINED.—In this subparagraph, the term ‘unenrolled
fee-for-service individual’ means, with respect to a date,
a Medicare Advantage eligible individual who—
‘‘(I) is receiving benefits under this title
through enrollment in the original medicare feefor-service program under parts A and B;
‘‘(II) is not enrolled in an MA plan on such
date; and
‘‘(III) as of such date is not otherwise eligible
to elect to enroll in an MA plan.
‘‘(iii) LIMITATION OF ONE CHANGE DURING YEAR.—
An individual may exercise the right under clause (i)
only once during the year.
‘‘(iv) NO EFFECT ON COVERAGE UNDER A PRESCRIPTION DRUG PLAN.—Nothing in this subparagraph shall
be construed as permitting an individual exercising
the right under clause (i)—
‘‘(I) who is enrolled in a prescription drug plan
under part D, to disenroll from such plan or to
enroll in a different prescription drug plan; or
‘‘(II) who is not enrolled in a prescription drug
plan, to enroll in such a plan.’’.
(b) CONFORMING AMENDMENT.—Section 1860D–1(b)(1)(B)(iii) of
the Social Security Act (42 U.S.C. 1395w–101(b)(1)(B)(iii)) is
amended by striking ‘‘subparagraphs (B) and (C)’’ and inserting
‘‘subparagraphs (B), (C), and (E)’’.

TITLE III—MEDICARE PROGRAM
INTEGRITY EFFORTS
SEC. 301. OFFSETTING ADJUSTMENT IN MEDICARE ADVANTAGE STABILIZATION FUND.

Section 1858(e)(2)(A)(i) of the Social Security Act (42 U.S.C.
1395w–27a(e)(2)(A)(i)) is amended by striking ‘‘2007,’’ and

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120 STAT. 2991

‘‘$10,000,000,000’’ and inserting ‘‘2012,’’ and ‘‘$3,500,000,000’’,
respectively.
SEC. 302. EXTENSION AND EXPANSION OF RECOVERY AUDIT CONTRACTOR PROGRAM UNDER THE MEDICARE INTEGRITY
PROGRAM.

(a) IN GENERAL.—Section 1893 of the Social Security Act (42
U.S.C. 1395ddd) is amended by adding at the end the following
new subsection:
‘‘(h) USE OF RECOVERY AUDIT CONTRACTORS.—
‘‘(1) IN GENERAL.—Under the Program, the Secretary shall
enter into contracts with recovery audit contractors in accordance with this subsection for the purpose of identifying underpayments and overpayments and recouping overpayments
under this title with respect to all services for which payment
is made under part A or B. Under the contracts—
‘‘(A) payment shall be made to such a contractor only
from amounts recovered;
‘‘(B) from such amounts recovered, payment—
‘‘(i) shall be made on a contingent basis for collecting overpayments; and
‘‘(ii) may be made in such amounts as the Secretary
may specify for identifying underpayments; and
‘‘(C) the Secretary shall retain a portion of the amounts
recovered which shall be available to the program management account of the Centers for Medicare & Medicaid Services for purposes of activities conducted under the recovery
audit program under this subsection.
‘‘(2) DISPOSITION OF REMAINING RECOVERIES.—The amounts
recovered under such contracts that are not paid to the contractor under paragraph (1) or retained by the Secretary under
paragraph (1)(C) shall be applied to reduce expenditures under
parts A and B.
‘‘(3) NATIONWIDE COVERAGE.—The Secretary shall enter
into contracts under paragraph (1) in a manner so as to provide
for activities in all States under such a contract by not later
than January 1, 2010.
‘‘(4) AUDIT AND RECOVERY PERIODS.—Each such contract
shall provide that audit and recovery activities may be conducted during a fiscal year with respect to payments made
under part A or B—
‘‘(A) during such fiscal year; and
‘‘(B) retrospectively (for a period of not more than
4 fiscal years prior to such fiscal year).
‘‘(5) WAIVER.—The Secretary shall waive such provisions
of this title as may be necessary to provide for payment of
recovery audit contractors under this subsection in accordance
with paragraph (1).
‘‘(6) QUALIFICATIONS OF CONTRACTORS.—
‘‘(A) IN GENERAL.—The Secretary may not enter into
a contract under paragraph (1) with a recovery audit contractor unless the contractor has staff that has the appropriate clinical knowledge of, and experience with, the payment rules and regulations under this title or the contractor
has, or will contract with, another entity that has such
knowledgeable and experienced staff.

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42 USC 1395ddd
note.

PUBLIC LAW 109–432—DEC. 20, 2006

‘‘(B) INELIGIBILITY OF CERTAIN CONTRACTORS.—The Secretary may not enter into a contract under paragraph
(1) with a recovery audit contractor to the extent the contractor is a fiscal intermediary under section 1816, a carrier
under section 1842, or a medicare administrative contractor
under section 1874A.
‘‘(C) PREFERENCE FOR ENTITIES WITH DEMONSTRATED
PROFICIENCY.—In awarding contracts to recovery audit contractors under paragraph (1), the Secretary shall give preference to those risk entities that the Secretary determines
have demonstrated more than 3 years direct management
experience and a proficiency for cost control or recovery
audits with private insurers, health care providers, health
plans, under the Medicaid program under title XIX, or
under this title.
‘‘(7) CONSTRUCTION RELATING TO CONDUCT OF INVESTIGATION OF FRAUD.—A recovery of an overpayment to a individual
or entity by a recovery audit contractor under this subsection
shall not be construed to prohibit the Secretary or the Attorney
General from investigating and prosecuting, if appropriate,
allegations of fraud or abuse arising from such overpayment.
‘‘(8) ANNUAL REPORT.—The Secretary shall annually submit
to Congress a report on the use of recovery audit contractors
under this subsection. Each such report shall include information on the performance of such contractors in identifying
underpayments and overpayments and recouping overpayments, including an evaluation of the comparative performance
of such contractors and savings to the program under this
title.’’.
(b) ACCESS TO COORDINATION OF BENEFITS CONTRACTOR DATABASE.—The Secretary of Health and Human Services shall provide
for access by recovery audit contractors conducting audit and
recovery activities under section 1893(h) of the Social Security
Act, as added by subsection (a), to the database of the Coordination
of Benefits Contractor of the Centers for Medicare & Medicaid
Services with respect to the audit and recovery periods described
in paragraph (4) of such section 1893(h).
(c) CONFORMING AMENDMENTS TO CURRENT DEMONSTRATION
PROJECT.—Section 306 of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 (Public Law 108–173; 117
Stat. 2256) is amended—
(1) in subsection (b)(2), by striking ‘‘last for not longer
than 3 years’’ and inserting ‘‘continue until contracts are
entered into under section 1893(h) of the Social Security Act’’;
and
(2) by striking subsection (f).
SEC. 303. FUNDING FOR THE HEALTH CARE FRAUD AND ABUSE CONTROL ACCOUNT.

(a) DEPARTMENTS

OF

HEALTH

AND

HUMAN SERVICES

AND

JUS-

TICE.—

(1) IN GENERAL.—Section 1817(k)(3)(A)(i) of the Social Security Act (42 U.S.C. 1395i(k)(3)(A)(i)) is amended—
(A) in the matter preceding subclause (I), by inserting
‘‘until expended’’ after ‘‘without further appropriation’’;
(B) in subclause (II), by striking ‘‘and’’ at the end;
(C) in subclause (III)—

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120 STAT. 2993

(i) by striking ‘‘for each fiscal year after fiscal
year 2003’’ and inserting ‘‘for each of fiscal years 2004,
2005, and 2006’’; and
(ii) by striking the period at the end and inserting
a semicolon; and
(D) by adding at the end the following new subclauses:
‘‘(IV) for each of fiscal years 2007, 2008, 2009,
and 2010, the limit under this clause for the preceding fiscal year, increased by the percentage
increase in the consumer price index for all urban
consumers (all items; United States city average)
over the previous year; and
‘‘(V) for each fiscal year after fiscal year 2010,
the limit under this clause for fiscal year 2010.’’.
(2) OFFICE OF THE INSPECTOR GENERAL OF THE DEPARTMENT
OF HEALTH AND HUMAN SERVICES.—Section 1817(k)(3)(A)(ii) of
such Act (42 U.S.C. 1395i(k)(3)(A)(ii)) is amended—
(A) in subclause (VI), by striking ‘‘and’’ at the end;
(B) in subclause (VII)—
(i) by striking ‘‘for each fiscal year after fiscal
year 2002’’ and inserting ‘‘for each of fiscal years 2003,
2004, 2005, and 2006’’; and
(ii) by striking the period at the end and inserting
a semicolon; and
(C) by adding at the end the following new subclauses:
‘‘(VIII) for fiscal year 2007, not less than
$160,000,000, increased by the percentage increase
in the consumer price index for all urban consumers (all items; United States city average) over
the previous year;
‘‘(IX) for each of fiscal years 2008, 2009, and
2010, not less than the amount required under
this clause for the preceding fiscal year, increased
by the percentage increase in the consumer price
index for all urban consumers (all items; United
States city average) over the previous year; and
‘‘(X) for each fiscal year after fiscal year 2010,
not less than the amount required under this
clause for fiscal year 2010.’’.
(b) FEDERAL BUREAU OF INVESTIGATION.—Section 1817(k)(3)(B)
of the Social Security Act (42 U.S.C. 1395i(k)(3)(B)) is amended—
(1) in the matter preceding clause (i), by inserting ‘‘until
expended’’ after ‘‘without further appropriation’’;
(2) in clause (vi), by striking ‘‘and’’ at the end;
(3) in clause (vii)—
(A) by striking ‘‘for each fiscal year after fiscal year
2002’’ and inserting ‘‘for each of fiscal years 2003, 2004,
2005, and 2006’’; and
(B) by striking the period at the end and inserting
a semicolon; and
(4) by adding at the end the following new clauses:
‘‘(viii) for each of fiscal years 2007, 2008, 2009,
and 2010, the amount to be appropriated under this
subparagraph for the preceding fiscal year, increased
by the percentage increase in the consumer price index
for all urban consumers (all items; United States city
average) over the previous year; and

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120 STAT. 2994

PUBLIC LAW 109–432—DEC. 20, 2006
‘‘(ix) for each fiscal year after fiscal year 2010,
the amount to be appropriated under this subparagraph for fiscal year 2010.’’.

SEC. 304. IMPLEMENTATION FUNDING.

For purposes of implementing the provisions of, and amendments made by, this title and titles I and II of this division,
other than section 203, the Secretary of Health and Human Services
shall provide for the transfer, in appropriate part from the Federal
Hospital Insurance Trust Fund established under section 1817 of
the Social Security Act (42 U.S.C. 1395i) and the Federal Supplementary Medical Insurance Trust Fund established under section
1841 of such Act (42 U.S.C. 1395t), of $45,000,000 to the Centers
for Medicare & Medicaid Services Program Management Account
for the period of fiscal years 2007 and 2008.

TITLE IV—MEDICAID AND OTHER
HEALTH PROVISIONS
SEC. 401. EXTENSION OF TRANSITIONAL MEDICAL ASSISTANCE (TMA)
AND ABSTINENCE EDUCATION PROGRAM.
Appropriations.

Activities authorized by sections 510 and 1925 of the Social
Security Act shall continue through June 30, 2007, in the manner
authorized for fiscal year 2006, notwithstanding section
1902(e)(1)(A) of such Act, and out of any money in the Treasury
of the United States not otherwise appropriated, there are hereby
appropriated such sums as may be necessary for such purpose.
Grants and payments may be made pursuant to this authority
through the third quarter of fiscal year 2007 at the level provided
for such activities through the third quarter of fiscal year 2006.

42 USC 300aa–2
note.

SEC. 402. GRANTS FOR RESEARCH ON VACCINE AGAINST VALLEY
FEVER.

(a) IN GENERAL.—In supporting research on the development
of vaccines against human diseases, the Secretary of Health and
Human Services shall make grants for the purpose of conducting
research toward the development of a vaccine against coccidioidomycosis (commonly known as Valley Fever).
(b) SUNSET.—No grant may be made under subsection (a) on
or after October 1, 2012. The preceding sentence does not have
any legal effect on payments under grants for which amounts appropriated under subsection (c) were obligated prior to such date.
(c) AUTHORIZATION OF APPROPRIATIONS.—For the purpose of
making grants under subsection (a), there are authorized to be
appropriated $40,000,000 for the period of fiscal years 2007 through
2012.
SEC. 403. CHANGE IN THRESHOLD FOR MEDICAID INDIRECT HOLD
HARMLESS PROVISION OF BROAD-BASED HEALTH CARE
TAXES.

Section 1903(w)(4)(C) of the Social Security Act (42 U.S.C.
1396b(w)(4)(C)) is amended—
(1) by inserting ‘‘(i)’’ after ‘‘(C)’’; and
(2) by adding at the end the following:

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120 STAT. 2995

‘‘(ii) For purposes of clause (i), a determination of the
existence of an indirect guarantee shall be made under paragraph (3)(i) of section 433.68(f) of title 42, Code of Federal
Regulations, as in effect on November 1, 2006, except that
for portions of fiscal years beginning on or after January 1,
2008, and before October 1, 2011, ‘5.5 percent’ shall be substituted for ‘6 percent’ each place it appears.’’.
SEC. 404. DSH ALLOTMENTS FOR FISCAL YEAR 2007 FOR TENNESSEE
AND HAWAII.

Section 1923(f)(6) of the Social Security Act (42 U.S.C. 1396r–
4(f)(6)) is amended to read as follows:
‘‘(6) ALLOTMENT ADJUSTMENTS FOR FISCAL YEAR 2007.—
‘‘(A) TENNESSEE.—
‘‘(i) IN GENERAL.—Only with respect to fiscal year
2007, the DSH allotment for Tennessee for such fiscal
year, notwithstanding the table set forth in paragraph
(2) or the terms of the TennCare Demonstration Project
in effect for the State, shall be the greater of—
‘‘(I) the amount that the Secretary determines
is equal to the Federal medical assistance percentage component attributable to disproportionate
share hospital payment adjustments for the demonstration year ending in 2006 that is reflected
in the budget neutrality provision of the TennCare
Demonstration Project; and
‘‘(II) $280,000,000.
‘‘(ii) LIMITATION ON AMOUNT OF PAYMENT ADJUSTMENTS ELIGIBLE FOR FEDERAL FINANCIAL PARTICIPATION.—Payment under section 1903(a) shall not be
made to Tennessee with respect to the aggregate
amount of any payment adjustments made under this
section for hospitals in the State for fiscal year 2007
that is in excess of 30 percent of the DSH allotment
for the State for such fiscal year determined pursuant
to clause (i).
‘‘(iii) STATE PLAN AMENDMENT.—The Secretary
shall permit Tennessee to submit an amendment to
its State plan under this title that describes the methodology to be used by the State to identify and make
payments to disproportionate share hospitals, including
children’s hospitals and institutions for mental diseases
or other mental health facilities. The Secretary may
not approve such plan amendment unless the methodology described in the amendment is consistent with
the requirements under this section for making payment adjustments to disproportionate share hospitals.
For purposes of demonstrating budget neutrality under
the TennCare Demonstration Project, payment adjustments made pursuant to a State plan amendment
approved in accordance with this subparagraph shall
be considered expenditures under such project.
‘‘(iv) OFFSET OF FEDERAL SHARE OF PAYMENT
ADJUSTMENTS FOR FISCAL YEAR 2007 AGAINST ESSENTIAL
ACCESS HOSPITAL SUPPLEMENTAL POOL PAYMENTS
UNDER THE TENNCARE DEMONSTRATION PROJECT.—

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120 STAT. 2996

PUBLIC LAW 109–432—DEC. 20, 2006
‘‘(I) The total amount of Essential Access Hospital supplemental pool payments that may be
made under the TennCare Demonstration Project
for fiscal year 2007 shall be reduced on a dollar
for dollar basis by the amount of any payments
made under section 1903(a) to Tennessee with
respect to payment adjustments made under this
section for hospitals in the State for such fiscal
year.
‘‘(II) The sum of the total amount of payments
made under section 1903(a) to Tennessee with
respect to payment adjustments made under this
section for hospitals in the State for fiscal year
2007 and the total amount of Essential Access
Hospital supplemental pool payments made under
the TennCare Demonstration Project for such fiscal
year shall not exceed the State’s DSH allotment
for such fiscal year established under clause (i).
‘‘(B) HAWAII.—
‘‘(i) IN GENERAL.—Only with respect to fiscal year
2007, the DSH allotment for Hawaii for such fiscal
year, notwithstanding the table set forth in paragraph
(2), shall be $10,000,000.
‘‘(ii) STATE PLAN AMENDMENT.—The Secretary shall
permit Hawaii to submit an amendment to its State
plan under this title that describes the methodology
to be used by the State to identify and make payments
to disproportionate share hospitals, including children’s
hospitals and institutions for mental diseases or other
mental health facilities. The Secretary may not approve
such plan amendment unless the methodology
described in the amendment is consistent with the
requirements under this section for making payment
adjustments to disproportionate share hospitals.’’.

SEC. 405. CERTAIN MEDICAID DRA TECHNICAL CORRECTIONS.

(a) TECHNICAL CORRECTIONS RELATING TO STATE OPTION FOR
ALTERNATIVE PREMIUMS AND COST SHARING (SECTIONS 6041
THROUGH 6043).—
(1) CLARIFICATION OF CONTINUED APPLICATION OF REGULAR
COST SHARING RULES FOR INDIVIDUALS WITH FAMILY INCOME
NOT EXCEEDING 100 PERCENT OF THE POVERTY LINE.—Section

42 USC 1396o–1.

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1916A of the Social Security Act, as inserted by section 6041(a)
of the Deficit Reduction Act of 2005 and amended by sections
6042 and 6043 of such Act, is amended—
(A) in subsection (a)(1)—
(i) by inserting ‘‘but subject to paragraph (2),’’ after
‘‘1902(a)(10)(B),’’; and
(ii) by inserting ‘‘and non-emergency services furnished in a hospital emergency department for which
cost sharing may be imposed under subsection (e)’’
after ‘‘(c)’’;
(B) by redesignating paragraph (2) of subsection (a)
as paragraph (3);
(C) in subsection (a), by inserting after paragraph (1)
the following:

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120 STAT. 2997

‘‘(2) EXEMPTION FOR INDIVIDUALS WITH FAMILY INCOME NOT
EXCEEDING 100 PERCENT OF THE POVERTY LINE.—
‘‘(A) IN GENERAL.—Paragraph (1) and subsection (d)
shall not apply, and sections 1916 and 1902(a)(10)(B) shall
continue to apply, in the case of an individual whose family
income does not exceed 100 percent of the poverty line
applicable to a family of the size involved.
‘‘(B) LIMIT ON AGGREGATE COST SHARING.—To the
extent cost sharing under subsections (c) and (e) or under
section 1916 is imposed against individuals described in
subparagraph (A), the limitation under subsection
(b)(1)(B)(ii) on the total aggregate amount of cost sharing
shall apply to such cost sharing for all individuals in a
family described in subparagraph (A) in the same manner
as such limitations apply to cost sharing and families
described in subsection (b)(1)(B)(ii).’’;
(D) in subsections (c)(2)(C) and (e)(2)(C), by inserting
‘‘under subsection (a)(2)(B) or’’ after ‘‘cap on cost sharing
applied’’; and
(E) in subsection (e)(2)(A), by inserting ‘‘who is not
described in subparagraph (B)’’ after ‘‘subsection (b)(1)’’.
(2) CLARIFICATION OF TREATMENT OF NON-PREFERRED DRUG
AND NON-EMERGENCY COST-SHARING.—Such section is further
amended—
(A) in subsections (b)(1) and (b)(2), by striking ‘‘, subject
to subsections (c)(2) and (e)(2)(A)’’;
(B) in subsection (c)(1), in the matter preceding
subparagraph (A), by striking ‘‘least (or less) costly effective’’ and inserting ‘‘most (or more) cost effective’’;
(C) in subsection (c)(1)(B), by striking ‘‘otherwise be
imposed under’’ and inserting ‘‘be imposed under subsection
(a) due to the application of’’;
(D) in subsection (c)(2)(B), by striking ‘‘otherwise not
subject to cost sharing due to the application of subsection
(b)(3)(B)’’ and inserting ‘‘not subject to cost sharing under
subsection (a) due to the application of paragraph (1)(B)’’;
(E) in subsection (e)(2)(A)—
(i) by amending the heading to read as follows:
‘‘INDIVIDUALS WITH FAMILY INCOME BETWEEN 100 AND
150 PERCENT OF THE POVERTY LINE.—’’; and
(ii) by striking ‘‘under subsection (b)(1)’’ and
inserting ‘‘under subsection (b)(1)(B)(ii)’’;
(F) in subsection (e)(2)(B), by striking ‘‘who is otherwise
not subject to cost sharing under subsection (b)(3)’’ and
inserting ‘‘described in subsection (a)(2)(A) or who is not
subject to cost sharing under subsection (b)(3)(B) with
respect to non-emergency services described in paragraph
(1)’’; and
(G) in subsection (e)(2)(C), by inserting ‘‘or section
1916’’ after ‘‘subsection (a)’’.
(3) CLARIFICATION OF COST SHARING RULES APPLICABLE TO
DISABLED CHILDREN PROVIDED MEDICAL ASSISTANCE UNDER THE
ELIGIBILITY CATEGORY ADDED BY THE FAMILY OPPORTUNITY
ACT.—Such section is further amended—

(A) in subsection (a)(1), in the second sentence, by
striking ‘‘section 1916(g)’’ and inserting ‘‘subsection (g) or
(i) of section 1916’’; and

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42 USC 1396o–1
note.

42 USC 1396p
note.

42 USC 1396b
note.

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PUBLIC LAW 109–432—DEC. 20, 2006

(B) in subsection (b)(3)—
(i) in subparagraph (A), by adding at the end the
following:
‘‘(vi) Disabled children who are receiving medical
assistance by virtue of the application of sections
1902(a)(10)(A)(ii)(XIX) and 1902(cc).’’; and
(ii) in subparagraph (B), by adding at the end
the following:
‘‘(ix) Services furnished to disabled children who
are receiving medical assistance by virtue of the
application of sections 1902(a)(10)(A)(ii)(XIX) and
1902(cc).’’.
(4) CORRECTION OF IV–B REFERENCES.—Such section is further amended in subsection (b)(3)—
(A) in subparagraph (A)(i), by striking ‘‘aid or assistance is made available under part B of title IV to children
in foster care’’ and inserting ‘‘child welfare services are
made available under part B of title IV on the basis of
being a child in foster care’’; and
(B) in subparagraph (B)(i), by striking ‘‘aid or assistance is made available under part B of title IV to children
in foster care’’ and inserting ‘‘child welfare services are
made available under part B of title IV on the basis of
being a child in foster care or’’.
(5) NON-EMERGENCY SERVICES.—Section 1916A(e)(4)(A) of
the Social Security Act, as added by section 6043(a) of the
Deficit Reduction Act of 2005, is amended by striking ‘‘the
physician determines’’.
(6) EFFECTIVE DATE.—The amendments made by this subsection shall take effect as if included in the amendments
made by sections 6041(a) of the Deficit Reduction Act of 2005,
except that insofar as such amendments are to, or relate to,
subsection (c) or (e) of section 1916A of the Social Security
Act, such amendments shall take effect as if included in the
amendments made by section 6042 or 6043, respectively, of
the Deficit Reduction Act of 2005.
(b) CLARIFYING TREATMENT OF CERTAIN ANNUITIES (SECTION
6012).—
(1) IN GENERAL.—Section 1917(c)(1)(F)(i) of the Social Security Act (42 U.S.C. 1396p(c)(1)(F)(i)), as added by section 6012(b)
of the Deficit Reduction Act of 2005, is amended by striking
‘‘annuitant’’ and inserting ‘‘institutionalized individual’’.
(2) EFFECTIVE DATE.—The amendment made by paragraph
(1) shall be effective as if included in the enactment of section
6012 of the Deficit Reduction Act of 2005.
(c) ADDITIONAL MISCELLANEOUS TECHNICAL CORRECTIONS.—
(1) DOCUMENTATION (SECTION 6036).—
(A) IN GENERAL.—Effective as if included in the amendment made by section 6036(a)(2) of the Deficit Reduction
Act of 2005, section 1903(x) of the Social Security Act
(42 U.S.C. 1396b(x)), as inserted by such section 6036(a)(2),
is amended—
(i) in paragraph (1), by striking ‘‘(i)(23)’’ and
inserting ‘‘(i)(22)’’;
(ii) in paragraph (2)—
(I) in the matter preceding subparagraph (A),
by striking ‘‘alien’’ and inserting ‘‘individual

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declaring to be a citizen or national of the United
States’’;
(II) by striking subparagraph (B) and inserting
the following:
‘‘(B) and is receiving—
‘‘(i) disability insurance benefits under section 223
or monthly insurance benefits under section 202 based
on such individual’s disability (as defined in section
223(d)); or
‘‘(ii) supplemental security income benefits under
title XVI;’’;
(III) in subparagraph (C)—
(aa) by striking ‘‘other’’; and
(bb) by striking ‘‘had’’ and inserting ‘‘has’’;
(IV) by redesignating subparagraph (C) as
subparagraph (D); and
(V) by inserting after subparagraph (B) the
following new subparagraph:
‘‘(C) and with respect to whom—
‘‘(i) child welfare services are made available under
part B of title IV on the basis of being a child in
foster care; or
‘‘(ii) adoption or foster care assistance is made
available under part E of title IV; or’’; and
(iii) in paragraph (3)(C)(iii), by striking ‘‘I–97’’ and
inserting ‘‘I–197’’.
(B) ASSURANCE OF STATE FOSTER CARE AGENCY
VERIFICATION OF CITIZENSHIP OR LEGAL STATUS.—
(i) STATE PLAN AMENDMENT.—Section 471(a) of the
Social Security Act (42 U.S.C. 671(a)) is amended—
(I) in paragraph (25), by striking ‘‘and’’ at the
end;
(II) in paragraph (26)(C), by striking the period
at the end and inserting ‘‘; and’’; and
(III) by adding at the end the following:
‘‘(27) provides that, with respect to any child in foster
care under the responsibility of the State under this part or
part B and without regard to whether foster care maintenance
payments are made under section 472 on behalf of the child,
the State has in effect procedures for verifying the citizenship
or immigration status of the child.’’.
(ii) INCLUSION IN REVIEWS OF CHILD AND FAMILY
SERVICES PROGRAMS.—Section 1123A(b)(2) of the Social
Security Act (42 U.S.C. 1320a–2a(b)(2)) is amended
by inserting ‘‘(which shall include determining whether
the State program is in conformity with the requirement of section 471(a)(27))’’ after ‘‘review’’.
(iii) EFFECTIVE DATE.—The amendments made by
this subparagraph shall take effect on the date that
is 6 months after the date of the enactment of this
Act.
(2) MISCELLANEOUS TECHNICAL CORRECTIONS.—
(A) Effective as if included in the enactment of the
Deficit Reduction Act of 2005 (Public Law 109–171), the
following sections of such Act are amended as follows:
(i) Section 5114(a)(2) is amended by striking ‘‘section
1842(b)(6)(F)
of
such
Act
(42
U.S.C.

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42 USC 671 note.

42 USC 1395u
note.

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PUBLIC LAW 109–432—DEC. 20, 2006
1395u(b)(6)(F))’’ and inserting ‘‘section 1842(b)(6) of
such Act (42 U.S.C. 1395u(b)(6))’’.
(ii) Section 6003(b)(2) is amended, by striking ‘‘subsection (k)’’ and inserting ‘‘subsection (k)(1)’’.
(iii) Sections 6031(b), 6032(b), and 6035(c) are each
amended by striking ‘‘section 6035(e)’’ and inserting
‘‘section 6034(e)’’.
(iv) Section 6034(b) is amended by striking ‘‘section
6033(a)’’ and inserting ‘‘section 6032(a)’’.
(v) Section 6036 is amended—
(I) in subsection (b), by striking ‘‘section
1903(z)’’ and inserting ‘‘section 1903(x)’’; and
(II) in subsection (c), by striking ‘‘(i)(23)’’ and
inserting ‘‘(i)(22)’’.
(B) Effective as if included in the amendment made
by section 6015(a)(1) of the Deficit Reduction Act of 2005,
section 1919(c)(5)(A)(i)(II) of the Social Security Act (42
U.S.C. 1396r(c)(5)(A)(i)(II)) is amended by striking ‘‘clause
(v)’’ and inserting ‘‘subparagraph (B)(v)’’.

Ante, p. 60.
Ante, p. 72.

Ante, p. 74.
Ante, p. 80.

42 USC 1396r
note.

DIVISION C—OTHER PROVISIONS
TITLE I—GULF OF MEXICO ENERGY
SECURITY

Gulf of Mexico
Energy Security
Act of 2006.

VerDate 14-DEC-2004

43 USC 1331
note.

SEC. 101. SHORT TITLE.

43 USC 1331
note.

SEC. 102. DEFINITIONS.

10:22 Jan 29, 2007

This title may be cited as the ‘‘Gulf of Mexico Energy Security
Act of 2006’’.
In this title:
(1) 181 AREA.—The term ‘‘181 Area’’ means the area identified in map 15, page 58, of the Proposed Final Outer Continental Shelf Oil and Gas Leasing Program for 1997–2002,
dated August 1996, of the Minerals Management Service, available in the Office of the Director of the Minerals Management
Service, excluding the area offered in OCS Lease Sale 181,
held on December 5, 2001.
(2) 181 SOUTH AREA.—The term ‘‘181 South Area’’ means
any area—
(A) located—
(i) south of the 181 Area;
(ii) west of the Military Mission Line; and
(iii) in the Central Planning Area;
(B) excluded from the Proposed Final Outer Continental Shelf Oil and Gas Leasing Program for 1997–2002,
dated August 1996, of the Minerals Management Service;
and
(C) included in the areas considered for oil and gas
leasing, as identified in map 8, page 37 of the document
entitled ‘‘Draft Proposed Program Outer Continental Shelf
Oil and Gas Leasing Program 2007–2012’’, dated February
2006.

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120 STAT. 3001

(3) BONUS OR ROYALTY CREDIT.—The term ‘‘bonus or royalty
credit’’ means a legal instrument or other written documentation, or an entry in an account managed by the Secretary,
that may be used in lieu of any other monetary payment
for—
(A) a bonus bid for a lease on the outer Continental
Shelf; or
(B) a royalty due on oil or gas production from any
lease located on the outer Continental Shelf.
(4) CENTRAL PLANNING AREA.—The term ‘‘Central Planning
Area’’ means the Central Gulf of Mexico Planning Area of
the outer Continental Shelf, as designated in the document
entitled ‘‘Draft Proposed Program Outer Continental Shelf Oil
and Gas Leasing Program 2007–2012’’, dated February 2006.
(5) EASTERN PLANNING AREA.—The term ‘‘Eastern Planning
Area’’ means the Eastern Gulf of Mexico Planning Area of
the outer Continental Shelf, as designated in the document
entitled ‘‘Draft Proposed Program Outer Continental Shelf Oil
and Gas Leasing Program 2007–2012’’, dated February 2006.
(6) 2002–2007 PLANNING AREA.—The term ‘‘2002–2007
planning area’’ means any area—
(A) located in—
(i) the Eastern Planning Area, as designated in
the Proposed Final Outer Continental Shelf Oil and
Gas Leasing Program 2002–2007, dated April 2002,
of the Minerals Management Service;
(ii) the Central Planning Area, as designated in
the Proposed Final Outer Continental Shelf Oil and
Gas Leasing Program 2002–2007, dated April 2002,
of the Minerals Management Service; or
(iii) the Western Planning Area, as designated in
the Proposed Final Outer Continental Shelf Oil and
Gas Leasing Program 2002–2007, dated April 2002,
of the Minerals Management Service; and
(B) not located in—
(i) an area in which no funds may be expended
to conduct offshore preleasing, leasing, and related
activities under sections 104 through 106 of the Department of the Interior, Environment, and Related Agencies Appropriations Act, 2006 (Public Law 109–54; 119
Stat. 521) (as in effect on August 2, 2005);
(ii) an area withdrawn from leasing under the
‘‘Memorandum on Withdrawal of Certain Areas of the
United States Outer Continental Shelf from Leasing
Disposition’’, from 34 Weekly Comp. Pres. Doc. 1111,
dated June 12, 1998; or
(iii) the 181 Area or 181 South Area.
(7) GULF PRODUCING STATE.—The term ‘‘Gulf producing
State’’ means each of the States of Alabama, Louisiana, Mississippi, and Texas.
(8) MILITARY MISSION LINE.—The term ‘‘Military Mission
Line’’ means the north-south line at 86°41′ W. longitude.
(9) QUALIFIED OUTER CONTINENTAL SHELF REVENUES.—
(A) IN GENERAL.—The term ‘‘qualified outer Continental Shelf revenues’’ means—
(i) in the case of each of fiscal years 2007 through
2016, all rentals, royalties, bonus bids, and other sums

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PUBLIC LAW 109–432—DEC. 20, 2006
due and payable to the United States from leases
entered into on or after the date of enactment of this
Act for—
(I) areas in the 181 Area located in the Eastern
Planning Area; and
(II) the 181 South Area; and
(ii) in the case of fiscal year 2017 and each fiscal
year thereafter, all rentals, royalties, bonus bids, and
other sums due and payable to the United States
received on or after October 1, 2016, from leases
entered into on or after the date of enactment of this
Act for—
(I) the 181 Area;
(II) the 181 South Area; and
(III) the 2002–2007 planning area.
(B) EXCLUSIONS.—The term ‘‘qualified outer Continental Shelf revenues’’ does not include—
(i) revenues from the forfeiture of a bond or other
surety securing obligations other than royalties, civil
penalties, or royalties taken by the Secretary in-kind
and not sold; or
(ii) revenues generated from leases subject to section 8(g) of the Outer Continental Shelf Lands Act
(43 U.S.C. 1337(g)).
(10) COASTAL POLITICAL SUBDIVISION.—The term ‘‘coastal
political subdivision’’ means a political subdivision of a Gulf
producing State any part of which political subdivision is—
(A) within the coastal zone (as defined in section 304
of the Coastal Zone Management Act of 1972 (16 U.S.C.
1453)) of the Gulf producing State as of the date of enactment of this Act; and
(B) not more than 200 nautical miles from the
geographic center of any leased tract.
(11) SECRETARY.—The term ‘‘Secretary’’ means the Secretary of the Interior.

43 USC 1331
note.

SEC. 103. OFFSHORE OIL AND GAS LEASING IN 181 AREA AND 181
SOUTH AREA OF GULF OF MEXICO.

(a) 181 AREA LEASE SALE.—Except as provided in section 104,
the Secretary shall offer the 181 Area for oil and gas leasing
pursuant to the Outer Continental Shelf Lands Act (43 U.S.C.
1331 et seq.) as soon as practicable, but not later than 1 year,
after the date of enactment of this Act.
(b) 181 SOUTH AREA LEASE SALE.—The Secretary shall offer
the 181 South Area for oil and gas leasing pursuant to the Outer
Continental Shelf Lands Act (43 U.S.C. 1331 et seq.) as soon as
practicable after the date of enactment of this Act.
(c) LEASING PROGRAM.—The 181 Area and 181 South Area
shall be offered for lease under this section notwithstanding the
omission of the 181 Area or the 181 South Area from any outer
Continental Shelf leasing program under section 18 of the Outer
Continental Shelf Lands Act (43 U.S.C. 1344).
(d) CONFORMING AMENDMENT.—Section 105 of the Department
of the Interior, Environment, and Related Agencies Appropriations
Act, 2006 (Public Law 109–54; 119 Stat. 522) is amended by
inserting ‘‘(other than the 181 South Area (as defined in section

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120 STAT. 3003

102 of the Gulf of Mexico Energy Security Act of 2006))’’ after
‘‘lands located outside Sale 181’’.

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SEC. 104. MORATORIUM ON OIL AND GAS LEASING IN CERTAIN AREAS
OF GULF OF MEXICO.

43 USC 1331
note.

(a) IN GENERAL.—Effective during the period beginning on the
date of enactment of this Act and ending on June 30, 2022, the
Secretary shall not offer for leasing, preleasing, or any related
activity—
(1) any area east of the Military Mission Line in the Gulf
of Mexico;
(2) any area in the Eastern Planning Area that is within
125 miles of the coastline of the State of Florida; or
(3) any area in the Central Planning Area that is—
(A) within—
(i) the 181 Area; and
(ii) 100 miles of the coastline of the State of
Florida; or
(B)(i) outside the 181 Area;
(ii) east of the western edge of the Pensacola Official
Protraction Diagram (UTM X coordinate 1,393,920 (NAD
27 feet)); and
(iii) within 100 miles of the coastline of the State
of Florida.
(b) MILITARY MISSION LINE.—Notwithstanding subsection (a),
the United States reserves the right to designate by and through
the Secretary of Defense, with the approval of the President,
national defense areas on the outer Continental Shelf pursuant
to section 12(d) of the Outer Continental Shelf Lands Act (43
U.S.C. 1341(d)).
(c) EXCHANGE OF CERTAIN LEASES.—
(1) IN GENERAL.—The Secretary shall permit any person
that, as of the date of enactment of this Act, has entered
into an oil or gas lease with the Secretary in any area described
in paragraph (2) or (3) of subsection (a) to exchange the lease
for a bonus or royalty credit that may only be used in the
Gulf of Mexico.
(2) VALUATION OF EXISTING LEASE.—The amount of the
bonus or royalty credit for a lease to be exchanged shall be
equal to—
(A) the amount of the bonus bid; and
(B) any rental paid for the lease as of the date the
lessee notifies the Secretary of the decision to exchange
the lease.
(3) REVENUE DISTRIBUTION.—No bonus or royalty credit
may be used under this subsection in lieu of any payment
due under, or to acquire any interest in, a lease subject to
the revenue distribution provisions of section 8(g) of the Outer
Continental Shelf Lands Act (43 U.S.C. 1337(g)).
(4) REGULATIONS.—Not later than 1 year after the date
of enactment of this Act, the Secretary shall promulgate regulations that shall provide a process for—
(A) notification to the Secretary of a decision to
exchange an eligible lease;
(B) issuance of bonus or royalty credits in exchange
for relinquishment of the existing lease;

Effective date.
Termination
date.

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120 STAT. 3004

PUBLIC LAW 109–432—DEC. 20, 2006
(C) transfer of the bonus or royalty credit to any other
person; and
(D) determining the proper allocation of bonus or royalty credits to each lease interest owner.

SEC. 105. DISPOSITION OF QUALIFIED OUTER CONTINENTAL SHELF
REVENUES FROM 181 AREA, 181 SOUTH AREA, AND 2002–
2007 PLANNING AREAS OF GULF OF MEXICO.

43 USC 1331
note.

Regulations.
Effective dates.

Effective dates.
Regulations.

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(a) IN GENERAL.—Notwithstanding section 9 of the Outer Continental Shelf Lands Act (43 U.S.C. 1338) and subject to the other
provisions of this section, for each applicable fiscal year, the Secretary of the Treasury shall deposit—
(1) 50 percent of qualified outer Continental Shelf revenues
in the general fund of the Treasury; and
(2) 50 percent of qualified outer Continental Shelf revenues
in a special account in the Treasury from which the Secretary
shall disburse—
(A) 75 percent to Gulf producing States in accordance
with subsection (b); and
(B) 25 percent to provide financial assistance to States
in accordance with section 6 of the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l–8), which shall
be considered income to the Land and Water Conservation
Fund for purposes of section 2 of that Act (16 U.S.C.
460l–5).
(b) ALLOCATION AMONG GULF PRODUCING STATES AND COASTAL
POLITICAL SUBDIVISIONS.—
(1) ALLOCATION AMONG GULF PRODUCING STATES FOR FISCAL
YEARS 2007 THROUGH 2016.—
(A) IN GENERAL.—Subject to subparagraph (B), effective
for each of fiscal years 2007 through 2016, the amount
made available under subsection (a)(2)(A) shall be allocated
to each Gulf producing State in amounts (based on a formula established by the Secretary by regulation) that are
inversely proportional to the respective distances between
the point on the coastline of each Gulf producing State
that is closest to the geographic center of the applicable
leased tract and the geographic center of the leased tract.
(B) MINIMUM ALLOCATION.—The amount allocated to
a Gulf producing State each fiscal year under subparagraph
(A) shall be at least 10 percent of the amounts available
under subsection (a)(2)(A).
(2) ALLOCATION AMONG GULF PRODUCING STATES FOR FISCAL
YEAR 2017 AND THEREAFTER.—
(A) IN GENERAL.—Subject to subparagraphs (B) and
(C), effective for fiscal year 2017 and each fiscal year
thereafter—
(i) the amount made available under subsection
(a)(2)(A) from any lease entered into within the 181
Area or the 181 South Area shall be allocated to each
Gulf producing State in amounts (based on a formula
established by the Secretary by regulation) that are
inversely proportional to the respective distances
between the point on the coastline of each Gulf producing State that is closest to the geographic center
of the applicable leased tract and the geographic center
of the leased tract; and

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120 STAT. 3005

(ii) the amount made available under subsection
(a)(2)(A) from any lease entered into within the 2002–
2007 planning area shall be allocated to each Gulf
producing State in amounts that are inversely proportional to the respective distances between the point
on the coastline of each Gulf producing State that
is closest to the geographic center of each historical
lease site and the geographic center of the historical
lease site, as determined by the Secretary.
(B) MINIMUM ALLOCATION.—The amount allocated to
a Gulf producing State each fiscal year under subparagraph
(A) shall be at least 10 percent of the amounts available
under subsection (a)(2)(A).
(C) HISTORICAL LEASE SITES.—
(i) IN GENERAL.—Subject to clause (ii), for purposes
of subparagraph (A)(ii), the historical lease sites in
the 2002–2007 planning area shall include all leases
entered into by the Secretary for an area in the Gulf
of Mexico during the period beginning on October 1,
1982 (or an earlier date if practicable, as determined
by the Secretary), and ending on December 31, 2015.
(ii) ADJUSTMENT.—Effective January 1, 2022, and
every 5 years thereafter, the ending date described
in clause (i) shall be extended for an additional 5
calendar years.
(3) PAYMENTS TO COASTAL POLITICAL SUBDIVISIONS.—
(A) IN GENERAL.—The Secretary shall pay 20 percent
of the allocable share of each Gulf producing State, as
determined under paragraphs (1) and (2), to the coastal
political subdivisions of the Gulf producing State.
(B) ALLOCATION.—The amount paid by the Secretary
to coastal political subdivisions shall be allocated to each
coastal political subdivision in accordance with subparagraphs (B), (C), and (E) of section 31(b)(4) of the Outer
Continental Shelf Lands Act (43 U.S.C. 1356a(b)(4)).
(c) TIMING.—The amounts required to be deposited under paragraph (2) of subsection (a) for the applicable fiscal year shall be
made available in accordance with that paragraph during the fiscal
year immediately following the applicable fiscal year.
(d) AUTHORIZED USES.—
(1) IN GENERAL.—Subject to paragraph (2), each Gulf producing State and coastal political subdivision shall use all
amounts received under subsection (b) in accordance with all
applicable Federal and State laws, only for 1 or more of the
following purposes:
(A) Projects and activities for the purposes of coastal
protection, including conservation, coastal restoration,
hurricane protection, and infrastructure directly affected
by coastal wetland losses.
(B) Mitigation of damage to fish, wildlife, or natural
resources.
(C) Implementation of a federally-approved marine,
coastal, or comprehensive conservation management plan.
(D) Mitigation of the impact of outer Continental Shelf
activities through the funding of onshore infrastructure
projects.

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PUBLIC LAW 109–432—DEC. 20, 2006

(E) Planning assistance and the administrative costs
of complying with this section.
(2) LIMITATION.—Not more than 3 percent of amounts
received by a Gulf producing State or coastal political subdivision under subsection (b) may be used for the purposes
described in paragraph (1)(E).
(e) ADMINISTRATION.—Amounts made available under subsection (a)(2) shall—
(1) be made available, without further appropriation, in
accordance with this section;
(2) remain available until expended; and
(3) be in addition to any amounts appropriated under—
(A) the Outer Continental Shelf Lands Act (43 U.S.C.
1331 et seq.);
(B) the Land and Water Conservation Fund Act of
1965 (16 U.S.C. 460l–4 et seq.); or
(C) any other provision of law.
(f) LIMITATIONS ON AMOUNT OF DISTRIBUTED QUALIFIED OUTER
CONTINENTAL SHELF REVENUES.—
(1) IN GENERAL.—Subject to paragraph (2), the total amount
of qualified outer Continental Shelf revenues made available
under subsection (a)(2) shall not exceed $500,000,000 for each
of fiscal years 2016 through 2055.
(2) EXPENDITURES.—For the purpose of paragraph (1), for
each of fiscal years 2016 through 2055, expenditures under
subsection (a)(2) shall be net of receipts from that fiscal year
from any area in the 181 Area in the Eastern Planning Area
and the 181 South Area.
(3) PRO RATA REDUCTIONS.—If paragraph (1) limits the
amount of qualified outer Continental Shelf revenue that would
be paid under subparagraphs (A) and (B) of subsection (a)(2)—
(A) the Secretary shall reduce the amount of qualified
outer Continental Shelf revenue provided to each recipient
on a pro rata basis; and
(B) any remainder of the qualified outer Continental
Shelf revenues shall revert to the general fund of the
Treasury.
Surface Mining
Control and
Reclamation Act
Amendments of
2006.
30 USC 1201
note.

TITLE II—SURFACE MINING CONTROL
AND RECLAMATION ACT AMENDMENTS OF 2006
SEC. 200. SHORT TITLE.

This title may be cited as the ‘‘Surface Mining Control and
Reclamation Act Amendments of 2006’’.

Subtitle A—Mining Control and
Reclamation
SEC. 201. ABANDONED MINE RECLAMATION FUND AND PURPOSES.

(a) IN GENERAL.—Section 401 of the Surface Mining Control
and Reclamation Act of 1977 (30 U.S.C. 1231) is amended—
(1) in subsection (c)—

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(A) by striking paragraphs (2) and (6); and
(B) by redesignating paragraphs (3), (4), and (5) and
paragraphs (7) through (13) as paragraphs (2) through
(11), respectively;
(2) by striking subsection (d) and inserting the following:
‘‘(d) AVAILABILITY OF MONEYS; NO FISCAL YEAR LIMITATION.—
‘‘(1) IN GENERAL.—Moneys from the fund for expenditures
under subparagraphs (A) through (D) of section 402(g)(3) shall
be available only when appropriated for those subparagraphs.
‘‘(2) NO FISCAL YEAR LIMITATION.—Appropriations described
in paragraph (1) shall be made without fiscal year limitation.
‘‘(3) OTHER PURPOSES.—Moneys from the fund shall be
available for all other purposes of this title without prior appropriation as provided in subsection (f).’’;
(3) in subsection (e)—
(A) in the second sentence, by striking ‘‘the needs of
such fund’’ and inserting ‘‘achieving the purposes of the
transfers under section 402(h)’’; and
(B) in the third sentence, by inserting before the period
the following: ‘‘for the purpose of the transfers under section
402(h)’’; and
(4) by adding at the end the following:
‘‘(f) GENERAL LIMITATION ON OBLIGATION AUTHORITY.—
‘‘(1) IN GENERAL.—From amounts deposited into the fund
under subsection (b), the Secretary shall distribute during each
fiscal year beginning after September 30, 2007, an amount
determined under paragraph (2).
‘‘(2) AMOUNTS.—
‘‘(A) FOR FISCAL YEARS 2008 THROUGH 2022.—For each
of fiscal years 2008 through 2022, the amount distributed
by the Secretary under this subsection shall be equal to—
‘‘(i) the amounts deposited into the fund under
paragraphs (1), (2), and (4) of subsection (b) for the
preceding fiscal year that were allocated under paragraphs (1) and (5) of section 402(g); plus
‘‘(ii) the amount needed for the adjustment under
section 402(g)(8) for the current fiscal year.
‘‘(B) FISCAL YEARS 2023 AND THEREAFTER.—For fiscal
year 2023 and each fiscal year thereafter, to the extent
that funds are available, the Secretary shall distribute
an amount equal to the amount distributed under subparagraph (A) during fiscal year 2022.
‘‘(3) DISTRIBUTION.—
‘‘(A) IN GENERAL.—Except as provided in subparagraph
(B), for each fiscal year, of the amount to be distributed
to States and Indian tribes pursuant to paragraph (2),
the Secretary shall distribute—
‘‘(i) the amounts allocated under paragraph (1)
of section 402(g), the amounts allocated under paragraph (5) of section 402(g), and any amount reallocated
under section 411(h)(3) in accordance with section
411(h)(2), for grants to States and Indian tribes under
section 402(g)(5); and
‘‘(ii) the amounts allocated under section 402(g)(8).
‘‘(B) EXCLUSION.—Beginning on October 1, 2007, certified States shall be ineligible to receive amounts under
section 402(g)(1).

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‘‘(4) AVAILABILITY.—Amounts in the fund available to the
Secretary for obligation under this subsection shall be available
until expended.
‘‘(5) ADDITION.—
‘‘(A) IN GENERAL.—Subject to subparagraph (B), the
amount distributed under this subsection for each fiscal
year shall be in addition to the amount appropriated from
the fund during the fiscal year.
‘‘(B) EXCEPTIONS.—Notwithstanding paragraph (3), the
amount distributed under this subsection for the first 4
fiscal years beginning on and after October 1, 2007, shall
be equal to the following percentage of the amount otherwise required to be distributed:
‘‘(i) 50 percent in fiscal year 2008.
‘‘(ii) 50 percent in fiscal year 2009.
‘‘(iii) 75 percent in fiscal year 2010.
‘‘(iv) 75 percent in fiscal year 2011.’’.
(b) CONFORMING AMENDMENT.—Section 712(b) of the Surface
Mining Control and Reclamation Act of 1977 (30 U.S.C. 1302(b))
is amended by striking ‘‘section 401(c)(11)’’ and inserting ‘‘section
401(c)(9)’’.
SEC. 202. RECLAMATION FEE.
Effective dates.
30 USC 1232
note.

30 USC 1232
note.

Effective date.
30 USC 1232
note.

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(a) AMOUNTS.—
(1) FISCAL YEARS 2008–2012.—Effective October 1, 2007, section 402(a) of the Surface Mining Control and Reclamation
Act of 1977 (30 U.S.C. 1232(a)) is amended—
(A) by striking ‘‘35’’ and inserting ‘‘31.5’’;
(B) by striking ‘‘15’’ and inserting ‘‘13.5’’; and
(C) by striking ‘‘10 cents’’ and inserting ‘‘9 cents’’.
(2) FISCAL YEARS 2013–2021.—Effective October 1, 2012, section 402(a) of the Surface Mining Control and Reclamation
Act of 1977 (30 U.S.C. 1232(a)) (as amended by paragraph
(1)) is amended—
(A) by striking ‘‘31.5’’ and inserting ‘‘28’’;
(B) by striking ‘‘13.5’’ and inserting ‘‘12’’; and
(C) by striking ‘‘9 cents’’ and inserting ‘‘8 cents’’.
(b) DURATION.—Effective September 30, 2007, section 402(b)
of the Surface Mining Control and Reclamation Act of 1977 (30
U.S.C. 1232(b)) (as amended by section 7007 of the Emergency
Supplemental Appropriations Act for Defense, the Global War on
Terror, and Hurricane Recovery, 2006 (Public Law 109–234; 120
Stat. 484)) is amended by striking ‘‘September 30, 2007’’ and all
that follows through the end of the sentence and inserting ‘‘September 30, 2021.’’.
(c) ALLOCATION OF FUNDS.—Section 402(g) of the Surface
Mining Control and Reclamation Act of 1977 (30 U.S.C. 1232(g))
is amended—
(1) in paragraph (1)(D)—
(A) by inserting ‘‘(except for grants awarded during
fiscal years 2008, 2009, and 2010 to the extent not
expended within 5 years)’’ after ‘‘this paragraph’’; and
(B) by striking ‘‘in any area under paragraph (2), (3),
(4), or (5)’’ and inserting ‘‘under paragraph (5)’’;
(2) by striking paragraph (2) and inserting:
‘‘(2) In making the grants referred to in paragraph (1)(C) and
the grants referred to in paragraph (5), the Secretary shall ensure

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strict compliance by the States and Indian tribes with the priorities
described in section 403(a) until a certification is made under section
411(a).’’;
(3) in paragraph (3)—
(A) in the matter preceding subparagraph (A), by
striking ‘‘paragraphs (2) and’’ and inserting ‘‘paragraph’’;
(B) in subparagraph (A), by striking ‘‘401(c)(11)’’ and
inserting ‘‘401(c)(9)’’; and
(C) by adding at the end the following:
‘‘(E) For the purpose of paragraph (8).’’;
(4) in paragraph (5)—
(A) by inserting ‘‘(A)’’ after ‘‘(5)’’;
(B) in the first sentence, by striking ‘‘40’’ and inserting
‘‘60’’;
(C) in the last sentence, by striking ‘‘Funds allocated
or expended by the Secretary under paragraphs (2), (3),
or (4)’’ and inserting ‘‘Funds made available under paragraph (3) or (4)’’; and
(D) by adding at the end the following:
‘‘(B) Any amount that is reallocated and available under section
411(h)(3) shall be in addition to amounts that are allocated under
subparagraph (A).’’; and
(5) by striking paragraphs (6) through (8) and inserting
the following:
‘‘(6)(A) Any State with an approved abandoned mine reclamation program pursuant to section 405 may receive and retain, without regard to the 3-year limitation referred to in paragraph (1)(D),
up to 30 percent of the total of the grants made annually to
the State under paragraphs (1) and (5) if those amounts are deposited into an acid mine drainage abatement and treatment fund
established under State law, from which amounts (together with
all interest earned on the amounts) are expended by the State
for the abatement of the causes and the treatment of the effects
of acid mine drainage in a comprehensive manner within qualified
hydrologic units affected by coal mining practices.
‘‘(B) In this paragraph, the term ‘qualified hydrologic unit’
means a hydrologic unit—
‘‘(i) in which the water quality has been significantly
affected by acid mine drainage from coal mining practices in
a manner that adversely impacts biological resources; and
‘‘(ii) that contains land and water that are—
‘‘(I) eligible pursuant to section 404 and include any
of the priorities described in section 403(a); and
‘‘(II) the subject of expenditures by the State from
the forfeiture of bonds required under section 509 or from
other States sources to abate and treat acid mine drainage.
‘‘(7) In complying with the priorities described in section 403(a),
any State or Indian tribe may use amounts available in grants
made annually to the State or tribe under paragraphs (1) and
(5) for the reclamation of eligible land and water described in
section 403(a)(3) before the completion of reclamation projects under
paragraphs (1) and (2) of section 403(a) only if the expenditure
of funds for the reclamation is done in conjunction with the expenditure before, on, or after the date of enactment of the Surface
Mining Control and Reclamation Act Amendments of 2006 of funds
for reclamation projects under paragraphs (1) and (2) of section
403(a).

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Applicability.
Tennessee.
Missouri.

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‘‘(8)(A) In making funds available under this title, the Secretary
shall ensure that the grant awards total not less than $3,000,000
annually to each State and each Indian tribe having an approved
abandoned mine reclamation program pursuant to section 405 and
eligible land and water pursuant to section 404, so long as an
allocation of funds to the State or tribe is necessary to achieve
the priorities stated in paragraphs (1) and (2) of section 403(a).
‘‘(B) Notwithstanding any other provision of law, this paragraph
applies to the States of Tennessee and Missouri.’’.
(d) TRANSFERS OF INTEREST EARNED BY ABANDONED MINE RECLAMATION FUND.—Section 402 of the Surface Mining Control and
Reclamation Act of 1977 (30 U.S.C. 1232) is amended by striking
subsection (h) and inserting the following:
‘‘(h) TRANSFERS OF INTEREST EARNED BY FUND.—
‘‘(1) IN GENERAL.—
‘‘(A) TRANSFERS TO COMBINED BENEFIT FUND.—As soon
as practicable after the beginning of fiscal year 2007 and
each fiscal year thereafter, and before making any allocation with respect to the fiscal year under subsection (g),
the Secretary shall use an amount not to exceed the amount
of interest that the Secretary estimates will be earned
and paid to the fund during the fiscal year to transfer
to the Combined Benefit Fund such amounts as are estimated by the trustees of such fund to offset the amount
of any deficit in net assets in the Combined Benefit Fund
as of October 1, 2006, and to make the transfer described
in paragraph (2)(A).
‘‘(B) TRANSFERS TO 1992 AND 1993 PLANS.—As soon as
practicable after the beginning of fiscal year 2008 and
each fiscal year thereafter, and before making any allocation with respect to the fiscal year under subsection (g),
the Secretary shall use an amount not to exceed the amount
of interest that the Secretary estimates will be earned
and paid to the fund during the fiscal year (reduced by
the amount used under subparagraph (A)) to make the
transfers described in paragraphs (2)(B) and (2)(C).
‘‘(2) TRANSFERS DESCRIBED.—The transfers referred to in
paragraph (1) are the following:
‘‘(A) UNITED MINE WORKERS OF AMERICA COMBINED BENEFIT FUND.—A transfer to the United Mine Workers of
America Combined Benefit Fund equal to the amount that
the trustees of the Combined Benefit Fund estimate will
be expended from the fund for the fiscal year in which
the transfer is made, reduced by—
‘‘(i) the amount the trustees of the Combined Benefit Fund estimate the Combined Benefit Fund will
receive during the fiscal year in—
‘‘(I) required premiums; and
‘‘(II) payments paid by Federal agencies in
connection with benefits provided by the Combined
Benefit Fund; and
‘‘(ii) the amount the trustees of the Combined Benefit Fund estimate will be expended during the fiscal
year to provide health benefits to beneficiaries who
are unassigned beneficiaries solely as a result of the
application of section 9706(h)(1) of the Internal Revenue Code of 1986, but only to the extent that such

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amount does not exceed the amounts described in subsection (i)(1)(A) that the Secretary estimates will be
available to pay such estimated expenditures.
‘‘(B) UNITED MINE WORKERS OF AMERICA 1992 BENEFIT
PLAN.—A transfer to the United Mine Workers of America
1992 Benefit Plan, in an amount equal to the difference
between—
‘‘(i) the amount that the trustees of the 1992
UMWA Benefit Plan estimate will be expended from
the 1992 UMWA Benefit Plan during the next calendar
year to provide the benefits required by the 1992
UMWA Benefit Plan on the date of enactment of this
subparagraph; minus
‘‘(ii) the amount that the trustees of the 1992
UMWA Benefit Plan estimate the 1992 UMWA Benefit
Plan will receive during the next calendar year in—
‘‘(I) required monthly per beneficiary premiums, including the amount of any security provided to the 1992 UMWA Benefit Plan that is
available for use in the provision of benefits; and
‘‘(II) payments paid by Federal agencies in
connection with benefits provided by the 1992
UMWA Benefit Plan.
‘‘(C) MULTIEMPLOYER HEALTH BENEFIT PLAN.—A
transfer to the Multiemployer Health Benefit Plan established after July 20, 1992, by the parties that are the
settlors of the 1992 UMWA Benefit Plan referred to in
subparagraph (B) (referred to in this subparagraph and
subparagraph (D) as ‘the Plan’), in an amount equal to
the excess (if any) of—
‘‘(i) the amount that the trustees of the Plan estimate will be expended from the Plan during the next
calendar year, to provide benefits no greater than those
provided by the Plan as of December 31, 2006; over
‘‘(ii) the amount that the trustees estimated the
Plan will receive during the next calendar year in
payments paid by Federal agencies in connection with
benefits provided by the Plan.
Such excess shall be calculated by taking into account
only those beneficiaries actually enrolled in the Plan as
of December 31, 2006, who are eligible to receive benefits
under the Plan on the first day of the calendar year for
which the transfer is made.
‘‘(D) INDIVIDUALS CONSIDERED ENROLLED.—For purposes of subparagraph (C), any individual who was eligible
to receive benefits from the Plan as of the date of enactment
of this subsection, even though benefits were being provided
to the individual pursuant to a settlement agreement
approved by order of a bankruptcy court entered on or
before September 30, 2004, will be considered to be actually
enrolled in the Plan and shall receive benefits from the
Plan beginning on December 31, 2006.
‘‘(3) ADJUSTMENT.—If, for any fiscal year, the amount of
a transfer under subparagraph (A), (B), or (C) of paragraph
(2) is more or less than the amount required to be transferred
under that subparagraph, the Secretary shall appropriately

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adjust the amount transferred under that subparagraph for
the next fiscal year.
‘‘(4) ADDITIONAL AMOUNTS.—
‘‘(A) PREVIOUSLY CREDITED INTEREST.—Notwithstanding any other provision of law, any interest credited
to the fund that has not previously been transferred to
the Combined Benefit Fund referred to in paragraph (2)(A)
under this section—
‘‘(i) shall be held in reserve by the Secretary until
such time as necessary to make the payments under
subparagraphs (A) and (B) of subsection (i)(1), as
described in clause (ii); and
‘‘(ii) in the event that the amounts described in
subsection (i)(1) are insufficient to make the maximum
payments described in subparagraphs (A) and (B) of
subsection (i)(1), shall be used by the Secretary to
supplement the payments so that the maximum
amount permitted under those paragraphs is paid.
‘‘(B) PREVIOUSLY ALLOCATED AMOUNTS.—All amounts
allocated under subsection (g)(2) before the date of enactment of this subparagraph for the program described in
section 406, but not appropriated before that date, shall
be available to the Secretary to make the transfers
described in paragraph (2).
‘‘(C) ADEQUACY OF PREVIOUSLY CREDITED INTEREST.—
The Secretary shall—
‘‘(i) consult with the trustees of the plans described
in paragraph (2) at reasonable intervals; and
‘‘(ii) notify Congress if a determination is made
that the amounts held in reserve under subparagraph
(A) are insufficient to meet future requirements under
subparagraph (A)(ii).
‘‘(D) ADDITIONAL RESERVE AMOUNTS.—In addition to
amounts held in reserve under subparagraph (A), there
is authorized to be appropriated such sums as may be
necessary for transfer to the fund to carry out the purposes
of subparagraph (A)(ii).
‘‘(E) INAPPLICABILITY OF CAP.—The limitation described
in subsection (i)(3)(A) shall not apply to payments made
from the reserve fund under this paragraph.
‘‘(5) LIMITATIONS.—
‘‘(A) AVAILABILITY OF FUNDS FOR NEXT FISCAL YEAR.—
The Secretary may make transfers under subparagraphs
(B) and (C) of paragraph (2) for a calendar year only
if the Secretary determines, using actuarial projections provided by the trustees of the Combined Benefit Fund
referred to in paragraph (2)(A), that amounts will be available under paragraph (1), after the transfer, for the next
fiscal year for making the transfer under paragraph (2)(A).
‘‘(B) RATE OF CONTRIBUTIONS OF OBLIGORS.—
‘‘(i) IN GENERAL.—
‘‘(I) RATE.—A transfer under paragraph (2)(C)
shall not be made for a calendar year unless the
persons that are obligated to contribute to the
plan referred to in paragraph (2)(C) on the date
of the transfer are obligated to make the contributions at rates that are no less than those in effect

Consultation.
Notification.

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on the date which is 30 days before the date of
enactment of this subsection.
‘‘(II)
APPLICATION.—The
contributions
described in subclause (I) shall be applied first
to the provision of benefits to those plan beneficiaries who are not described in paragraph
(2)(C)(ii).
‘‘(ii) INITIAL CONTRIBUTIONS.—
‘‘(I) IN GENERAL.—From the date of enactment
of the Surface Mining Control and Reclamation
Act Amendments of 2006 through December 31,
2010, the persons that, on the date of enactment
of that Act, are obligated to contribute to the plan
referred to in paragraph (2)(C) shall be obligated,
collectively, to make contributions equal to the
amount described in paragraph (2)(C), less the
amount actually transferred due to the operation
of subparagraph (C).
‘‘(II) FIRST CALENDAR YEAR.—Calendar year
2006 is the first calendar year for which contributions are required under this clause.
‘‘(III) AMOUNT OF CONTRIBUTION FOR 2006.—
Except as provided in subclause (IV), the amount
described in paragraph (2)(C) for calendar year
2006 shall be calculated as if paragraph (2)(C)
had been in effect during 2005.
‘‘(IV) LIMITATION.—The contributions required
under this clause for calendar year 2006 shall
not exceed the amount necessary for solvency of
the plan described in paragraph (2)(C), measured
as of December 31, 2006, and taking into account
all assets held by the plan as of that date.
‘‘(iii) DIVISION.—The collective annual contribution
obligation required under clause (ii) shall be divided
among the persons subject to the obligation, and
applied uniformly, based on the hours worked for which
contributions referred to in clause (i) would be owed.
‘‘(C) PHASE-IN OF TRANSFERS.—For each of calendar
years 2008 through 2010, the transfers required under
subparagraphs (B) and (C) of paragraph (2) shall equal
the following amounts:
‘‘(i) For calendar year 2008, the Secretary shall
make transfers equal to 25 percent of the amounts
that would otherwise be required under subparagraphs
(B) and (C) of paragraph (2).
‘‘(ii) For calendar year 2009, the Secretary shall
make transfers equal to 50 percent of the amounts
that would otherwise be required under subparagraphs
(B) and (C) of paragraph (2).
‘‘(iii) For calendar year 2010, the Secretary shall
make transfers equal to 75 percent of the amounts
that would otherwise be required under subparagraphs
(B) and (C) of paragraph (2).
‘‘(i) FUNDING.—
‘‘(1) IN GENERAL.—Subject to paragraph (3), out of any
funds in the Treasury not otherwise appropriated, the Secretary

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of the Treasury shall transfer to the plans described in subsection (h)(2) such sums as are necessary to pay the following
amounts:
‘‘(A) To the Combined Fund (as defined in section
9701(a)(5) of the Internal Revenue Code of 1986 and
referred to in this paragraph as the ‘Combined Fund’),
the amount that the trustees of the Combined Fund estimate will be expended from premium accounts maintained
by the Combined Fund for the fiscal year to provide benefits
for beneficiaries who are unassigned beneficiaries solely
as a result of the application of section 9706(h)(1) of the
Internal Revenue Code of 1986, subject to the following
limitations:
‘‘(i) For fiscal year 2008, the amount paid under
this subparagraph shall equal—
‘‘(I) the amount described in subparagraph (A);
minus
‘‘(II) the amounts required under section
9706(h)(3)(A) of the Internal Revenue Code of
1986.
‘‘(ii) For fiscal year 2009, the amount paid under
this subparagraph shall equal—
‘‘(I) the amount described in subparagraph (A);
minus
‘‘(II) the amounts required under section
9706(h)(3)(B) of the Internal Revenue Code of
1986.
‘‘(iii) For fiscal year 2010, the amount paid under
this subparagraph shall equal—
‘‘(I) the amount described in subparagraph (A);
minus
‘‘(II) the amounts required under section
9706(h)(3)(C) of the Internal Revenue Code of
1986.
‘‘(B) On certification by the trustees of any plan
described in subsection (h)(2) that the amount available
for transfer by the Secretary pursuant to this section (determined after application of any limitation under subsection
(h)(5)) is less than the amount required to be transferred,
to the plan the amount necessary to meet the requirement
of subsection (h)(2).
‘‘(C) To the Combined Fund, $9,000,000 on October
1, 2007, $9,000,000 on October 1, 2008, and $9,000,000
on October 1, 2009 (which amounts shall not be exceeded)
to provide a refund of any premium (as described in section
9704(a) of the Internal Revenue Code of 1986) paid on
or before September 7, 2000, to the Combined Fund, plus
interest on the premium calculated at the rate of 7.5 percent per year, on a proportional basis and to be paid
not later than 60 days after the date on which each payment is received by the Combined Fund, to those signatory
operators (to the extent that the Combined Fund has not
previously returned the premium amounts to the operators), or any related persons to the operators (as defined
in section 9701(c) of the Internal Revenue Code of 1986),
or their heirs, successors, or assigns who have been denied

Certification.

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the refunds as the result of final judgments or settlements
if—
‘‘(i) prior to the date of enactment of this paragraph, the signatory operator (or any related person
to the operator)—
‘‘(I) had all of its beneficiary assignments made
under section 9706 of the Internal Revenue Code
of 1986 voided by the Commissioner of the Social
Security Administration; and
‘‘(II) was subject to a final judgment or final
settlement of litigation adverse to a claim by the
operator that the assignment of beneficiaries under
section 9706 of the Internal Revenue Code of 1986
was unconstitutional as applied to the operator;
and
‘‘(ii) on or before September 7, 2000, the signatory
operator (or any related person to the operator) had
paid to the Combined Fund any premium amount that
had not been refunded.
‘‘(2) PAYMENTS TO STATES AND INDIAN TRIBES.—Subject to
paragraph (3), out of any funds in the Treasury not otherwise
appropriated, the Secretary of the Treasury shall transfer to
the Secretary of the Interior for distribution to States and
Indian tribes such sums as are necessary to pay amounts
described in paragraphs (1)(A) and (2)(A) of section 411(h).
‘‘(3) LIMITATIONS.—
‘‘(A) CAP.—The total amount transferred under this
subsection for any fiscal year shall not exceed $490,000,000.
‘‘(B) INSUFFICIENT AMOUNTS.—In a case in which the
amount required to be transferred without regard to this
paragraph exceeds the maximum annual limitation in
subparagraph (A), the Secretary shall adjust the transfers
of funds so that—
‘‘(i) each transfer for the fiscal year is a percentage
of the amount described;
‘‘(ii) the amount is determined without regard to
subsection (h)(5)(A); and
‘‘(iii) the percentage transferred is the same for
all transfers made under this subsection for the fiscal
year.
‘‘(4) AVAILABILITY OF FUNDS.—Funds shall be transferred
under paragraphs (1) and (2) beginning in fiscal year 2008
and each fiscal year thereafter, and shall remain available
until expended.’’.
SEC. 203. OBJECTIVES OF FUND.

Section 403 of the Surface Mining Control and Reclamation
Act of 1977 (30 U.S.C. 1233) is amended—
(1) in subsection (a)—
(A) in paragraph (1)—
(i) by striking ‘‘(1) the protection’’ and inserting
the following:
‘‘(1)(A) the protection;’’;
(ii) in subparagraph (A) (as designated by clause
(i)), by striking ‘‘general welfare,’’; and
(iii) by adding at the end the following:

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‘‘(B) the restoration of land and water resources and the
environment that—
‘‘(i) have been degraded by the adverse effects of coal
mining practices; and
‘‘(ii) are adjacent to a site that has been or will be
remediated under subparagraph (A);’’;
(B) in paragraph (2)—
(i) by striking ‘‘(2) the protection’’ and inserting
the following:
‘‘(2)(A) the protection’’;
(ii) in subparagraph (A) (as designated by clause
(i), by striking ‘‘health, safety, and general welfare’’
and inserting ‘‘health and safety’’; and
(iii) by adding at the end the following:
‘‘(B) the restoration of land and water resources and the
environment that—
‘‘(i) have been degraded by the adverse effects of coal
mining practices; and
‘‘(ii) are adjacent to a site that has been or will be
remediated under subparagraph (A); and’’;
(C) in paragraph (3), by striking the semicolon at the
end and inserting a period; and
(D) by striking paragraphs (4) and (5);
(2) in subsection (b)—
(A) by striking the subsection heading and inserting
‘‘WATER SUPPLY RESTORATION.—’’; and
(B) in paragraph (1), by striking ‘‘up to 30 percent
of the’’; and
(3) in the second sentence of subsection (c), by inserting
‘‘, subject to the approval of the Secretary,’’ after ‘‘amendments’’.

SEC. 204. RECLAMATION OF RURAL LAND.

(a) ADMINISTRATION.—Section 406(h) of the Surface Mining
Control and Reclamation Act of 1977 (30 U.S.C. 1236(h)) is amended
by striking ‘‘Soil Conservation Service’’ and inserting ‘‘Natural
Resources Conservation Service’’.
(b) AUTHORIZATION OF APPROPRIATIONS FOR CARRYING OUT
RURAL LAND RECLAMATION.—Section 406 of the Surface Mining
Control and Reclamation Act of 1977 (30 U.S.C. 1236) is amended
by adding at the end the following:
‘‘(i) There are authorized to be appropriated to the Secretary
of Agriculture, from amounts in the Treasury other than amounts
in the fund, such sums as may be necessary to carry out this
section.’’.
SEC. 205. LIENS.

Section 408(a) of the Surface Mining Control and Reclamation
Act of 1977 (30 U.S.C. 1238) is amended in the last sentence
by striking ‘‘who owned the surface prior to May 2, 1977, and’’.
SEC. 206. CERTIFICATION.

Section 411 of the Surface Mining Control and Reclamation
Act of 1977 (30 U.S.C. 1240a) is amended—
(1) in subsection (a)—
(A) by inserting ‘‘(1)’’ before the first sentence; and
(B) by adding at the end the following:
‘‘(2)(A) The Secretary may, on the initiative of the Secretary,
make the certification referred to in paragraph (1) on behalf of

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any State or Indian tribe referred to in paragraph (1) if on the
basis of the inventory referred to in section 403(c) all reclamation
projects relating to the priorities described in section 403(a) for
eligible land and water pursuant to section 404 in the State or
tribe have been completed.
‘‘(B) The Secretary shall only make the certification after notice
in the Federal Register and opportunity for public comment.’’; and
(2) by adding at the end the following:
‘‘(h) PAYMENTS TO STATES AND INDIAN TRIBES.—
‘‘(1) IN GENERAL.—
‘‘(A) PAYMENTS.—
‘‘(i)
IN
GENERAL.—Notwithstanding
section
401(f)(3)(B), from funds referred to in section 402(i)(2),
the Secretary shall make payments to States or Indian
tribes for the amount due for the aggregate unappropriated amount allocated to the State or Indian tribe
under subparagraph (A) or (B) of section 402(g)(1).
‘‘(ii) CONVERSION AS EQUIVALENT PAYMENTS.—
Amounts allocated under subparagraph (A) or (B) of
section 402(g)(1) shall be reallocated to the allocation
established in section 402(g)(5) in amounts equivalent
to payments made to States or Indian tribes under
this paragraph.
‘‘(B) AMOUNT DUE.—In this paragraph, the term
‘amount due’ means the unappropriated amount allocated
to a State or Indian tribe before October 1, 2007, under
subparagraph (A) or (B) of section 402(g)(1).
‘‘(C) SCHEDULE.—Payments under subparagraph (A)
shall be made in 7 equal annual installments, beginning
with fiscal year 2008.
‘‘(D) USE OF FUNDS.—
‘‘(i) CERTIFIED STATES AND INDIAN TRIBES.—A State
or Indian tribe that makes a certification under subsection (a) in which the Secretary concurs shall use
any amounts provided under this paragraph for the
purposes established by the State legislature or tribal
council of the Indian tribe, with priority given for
addressing the impacts of mineral development.
‘‘(ii) UNCERTIFIED STATES AND INDIAN TRIBES.—A
State or Indian tribe that has not made a certification
under subsection (a) in which the Secretary has concurred shall use any amounts provided under this paragraph for the purposes described in section 403.
‘‘(2) SUBSEQUENT STATE AND INDIAN TRIBE SHARE FOR CERTIFIED STATES AND INDIAN TRIBES.—
‘‘(A)
IN
GENERAL.—Notwithstanding
section
401(f)(3)(B), from funds referred to in section 402(i)(2),
the Secretary shall pay to each certified State or Indian
tribe an amount equal to the sum of the aggregate unappropriated amount allocated on or after October 1, 2007, to
the certified State or Indian tribe under subparagraph
(A) or (B) of section 402(g)(1).
‘‘(B) CERTIFIED STATE OR INDIAN TRIBE DEFINED.—In
this paragraph the term ‘certified State or Indian tribe’
means a State or Indian tribe for which a certification
is made under subsection (a) in which the Secretary concurs.

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publication.
Public comment.

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‘‘(3) MANNER OF PAYMENT.—
‘‘(A) IN GENERAL.—Subject to subparagraph (B), payments to States or Indian tribes under this subsection
shall be made without regard to any limitation in section
401(d) and concurrently with payments to States under
that section.
‘‘(B) INITIAL PAYMENTS.—The first 3 payments made
to any State or Indian tribe shall be reduced to 25 percent,
50 percent, and 75 percent, respectively, of the amounts
otherwise required under paragraph (2)(A).
‘‘(C) INSTALLMENTS.—Amounts withheld from the first
3 annual installments as provided under subparagraph
(B) shall be paid in 2 equal annual installments beginning
with fiscal year 2018.
‘‘(4) REALLOCATION.—
‘‘(A) IN GENERAL.—The amount allocated to any State
or Indian tribe under subparagraph (A) or (B) of section
402(g)(1) that is paid to the State or Indian tribe as a
result of a payment under paragraph (1) or (2) shall be
reallocated and available for grants under section 402(g)(5).
‘‘(B) ALLOCATION.—The grants shall be allocated based
on the amount of coal historically produced before August
3, 1977, in the same manner as under section 402(g)(5).’’.

Grants.

SEC. 207. REMINING INCENTIVES.

Title IV of the Surface Mining Control and Reclamation Act
of 1977 (30 U.S.C. 1231 et seq.) is amended by adding at the
end the following:
30 USC 1244.

‘‘SEC. 415. REMINING INCENTIVES.

‘‘(a) IN GENERAL.—Notwithstanding any other provision of this
Act, the Secretary may, after opportunity for public comment,
promulgate regulations that describe conditions under which
amounts in the fund may be used to provide incentives to promote
remining of eligible land under section 404 in a manner that
leverages the use of amounts from the fund to achieve more reclamation with respect to the eligible land than would be achieved
without the incentives.
‘‘(b) REQUIREMENTS.—Any regulations promulgated under subsection (a) shall specify that the incentives shall apply only if
the Secretary determines, with the concurrence of the State regulatory authority referred to in title V, that, without the incentives,
the eligible land would not be likely to be remined and reclaimed.
‘‘(c) INCENTIVES.—
‘‘(1) IN GENERAL.—Incentives that may be considered for
inclusion in the regulations promulgated under subsection (a)
include, but are not limited to—
‘‘(A) a rebate or waiver of the reclamation fees required
under section 402(a); and
‘‘(B) the use of amounts in the fund to provide financial
assurance for remining operations in lieu of all or a portion
of the performance bonds required under section 509.
‘‘(2) LIMITATIONS.—
‘‘(A) USE.—A rebate or waiver under paragraph (1)(A)
shall be used only for operations that—
‘‘(i) remove or reprocess abandoned coal mine
waste; or

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‘‘(ii) conduct remining activities that meet the
priorities specified in paragraph (1) or (2) of section
403(a).
‘‘(B) AMOUNT.—The amount of a rebate or waiver provided as an incentive under paragraph (1)(A) to remine
or reclaim eligible land shall not exceed the estimated
cost of reclaiming the eligible land under this section.’’.
SEC. 208. EXTENSION OF LIMITATION ON APPLICATION OF PROHIBITION ON ISSUANCE OF PERMIT.

Section 510(e) of the Surface Mining Control and Reclamation
Act of 1977 (30 U.S.C. 1260(e)) is amended by striking the last
sentence.
SEC. 209. TRIBAL REGULATION OF SURFACE COAL MINING AND RECLAMATION OPERATIONS.

(a) IN GENERAL.—Section 710 of the Surface Mining Control
and Reclamation Act of 1977 (30 U.S.C. 1300) is amended by
adding at the end the following:
‘‘(j) TRIBAL REGULATORY AUTHORITY.—
‘‘(1) TRIBAL REGULATORY PROGRAMS.—
‘‘(A) IN GENERAL.—Notwithstanding any other provision of law, an Indian tribe may apply for, and obtain
the approval of, a tribal program under section 503 regulating in whole or in part surface coal mining and reclamation operations on reservation land under the jurisdiction
of the Indian tribe using the procedures of section 504(e).
‘‘(B) REFERENCES TO STATE.—For purposes of this subsection and the implementation and administration of a
tribal program under title V, any reference to a ‘State’
in this Act shall be considered to be a reference to a
‘tribe’.
‘‘(2) CONFLICTS OF INTEREST.—
‘‘(A) IN GENERAL.—The fact that an individual is a
member of an Indian tribe does not in itself constitute
a violation of section 201(f).
‘‘(B) EMPLOYEES OF TRIBAL REGULATORY AUTHORITY.—
Any employee of a tribal regulatory authority shall not
be eligible for a per capita distribution of any proceeds
from coal mining operations conducted on Indian reservation lands under this Act.
‘‘(3) SOVEREIGN IMMUNITY.—To receive primary regulatory
authority under section 504(e), an Indian tribe shall waive
sovereign immunity for purposes of section 520 and paragraph
(4).
‘‘(4) JUDICIAL REVIEW.—
‘‘(A) CIVIL ACTIONS.—
‘‘(i) IN GENERAL.—After exhausting all tribal remedies with respect to a civil action arising under a
tribal program approved under section 504(e), an
interested party may file a petition for judicial review
of the civil action in the United States circuit court
for the circuit in which the surface coal mining operation named in the petition is located.
‘‘(ii) SCOPE OF REVIEW.—
‘‘(I) QUESTIONS OF LAW.—The United States
circuit court shall review de novo any questions
of law under clause (i).

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‘‘(II) FINDINGS OF FACT.—The United States
circuit court shall review findings of fact under
clause (i) using a clearly erroneous standard.
‘‘(B) CRIMINAL ACTIONS.—Any criminal action brought
under section 518 with respect to surface coal mining or
reclamation operations on Indian reservation lands shall
be brought in—
‘‘(i) the United States District Court for the District
of Columbia; or
‘‘(ii) the United States district court in which the
criminal activity is alleged to have occurred.
‘‘(5) GRANTS.—
‘‘(A) IN GENERAL.—Except as provided in subparagraph
(B), grants for developing, administering, and enforcing
tribal programs approved in accordance with section 504(e)
shall be provided to an Indian tribe in accordance with
section 705.
‘‘(B) EXCEPTION.—Notwithstanding subparagraph (A),
the Federal share of the costs of developing, administering,
and enforcing an approved tribal program shall be 100
percent.
‘‘(6) REPORT.—Not later than 18 months after the date
on which a tribal program is approved under subsection (e)
of section 504, the Secretary shall submit to the appropriate
committees of Congress a report, developed in cooperation with
the applicable Indian tribe, on the tribal program that includes
a recommendation of the Secretary on whether primary regulatory authority under that subsection should be expanded
to include additional Indian lands.’’.
(b) CONFORMING AMENDMENT.—Section 710(i) of the Surface
Mining Control and Reclamation Act of 1977 (30 U.S.C. 1300(i))
is amended in the first sentence by striking ‘‘, except’’ and all
that follows through ‘‘section 503’’.

Subtitle B—Coal Industry Retiree Health
Benefit Act
SEC. 211. CERTAIN RELATED PERSONS AND SUCCESSORS IN INTEREST
RELIEVED OF LIABILITY IF PREMIUMS PREPAID.
26 USC 9704.

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(a) COMBINED BENEFIT FUND.—Section 9704 of the Internal
Revenue Code of 1986 (relating to liability of assigned operators)
is amended by adding at the end the following new subsection:
‘‘(j) PREPAYMENT OF PREMIUM LIABILITY.—
‘‘(1) IN GENERAL.—If—
‘‘(A) a payment meeting the requirements of paragraph
(3) is made to the Combined Fund by or on behalf of—
‘‘(i) any assigned operator to which this subsection
applies, or
‘‘(ii) any related person to any assigned operator
described in clause (i), and
‘‘(B) the common parent of the controlled group of
corporations described in paragraph (2)(B) is jointly and
severally liable for any premium under this section which
(but for this subsection) would be required to be paid
by the assigned operator or related person,

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then such common parent (and no other person) shall be liable
for such premium.
‘‘(2) ASSIGNED OPERATORS TO WHICH SUBSECTION APPLIES.—
‘‘(A) IN GENERAL.—This subsection shall apply to any
assigned operator if—
‘‘(i) the assigned operator (or a related person to
the assigned operator)—
‘‘(I) made contributions to the 1950 UMWA
Benefit Plan and the 1974 UMWA Benefit Plan
for employment during the period covered by the
1988 agreement; and
‘‘(II) is not a 1988 agreement operator,
‘‘(ii) the assigned operator (and all related persons
to the assigned operator) are not actively engaged in
the production of coal as of July 1, 2005, and
‘‘(iii) the assigned operator was, as of July 20,
1992, a member of a controlled group of corporations
described in subparagraph (B).
‘‘(B) CONTROLLED GROUP OF CORPORATIONS.—A controlled group of corporations is described in this subparagraph if the common parent of such group is a corporation
the shares of which are publicly traded on a United States
exchange.
‘‘(C) COORDINATION WITH REPEAL OF ASSIGNMENTS.—
A person shall not fail to be treated as an assigned operator
to which this subsection applies solely because the person
ceases to be an assigned operator by reason of section
9706(h)(1) if the person otherwise meets the requirements
of this subsection and is liable for the payment of premiums
under section 9706(h)(3).
‘‘(D) CONTROLLED GROUP.—For purposes of this subsection, the term ‘controlled group of corporations’ has the
meaning given such term by section 52(a).
‘‘(3) REQUIREMENTS.—A payment meets the requirements
of this paragraph if—
‘‘(A) the amount of the payment is not less than the
present value of the total premium liability under this
chapter with respect to the Combined Fund of the assigned
operators or related persons described in paragraph (1)
or their assignees, as determined by the operator’s or
related person’s enrolled actuary (as defined in section
7701(a)(35)) using actuarial methods and assumptions each
of which is reasonable and which are reasonable in the
aggregate, as determined by such enrolled actuary;
‘‘(B) such enrolled actuary files with the Secretary
of Labor a signed actuarial report containing—
‘‘(i) the date of the actuarial valuation applicable
to the report; and
‘‘(ii) a statement by the enrolled actuary signing
the report that, to the best of the actuary’s knowledge,
the report is complete and accurate and that in the
actuary’s opinion the actuarial assumptions used are
in the aggregate reasonably related to the experience
of the operator and to reasonable expectations; and
‘‘(C) 90 calendar days have elapsed after the report
required by subparagraph (B) is filed with the Secretary
of Labor, and the Secretary of Labor has not notified the

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120 STAT. 3022

26 USC 9711.

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assigned operator in writing that the requirements of this
paragraph have not been satisfied.
‘‘(4) USE OF PREPAYMENT.—The Combined Fund shall—
‘‘(A) establish and maintain an account for each
assigned operator or related person by, or on whose behalf,
a payment described in paragraph (3) was made,
‘‘(B) credit such account with such payment (and any
earnings thereon), and
‘‘(C) use all amounts in such account exclusively to
pay premiums that would (but for this subsection) be
required to be paid by the assigned operator.
Upon termination of the obligations for the premium liability
of any assigned operator or related person for which such
account is maintained, all funds remaining in such account
(and earnings thereon) shall be refunded to such person as
may be designated by the common parent described in paragraph (1)(B).’’.
(b) INDIVIDUAL EMPLOYER PLANS.—Section 9711(c) of the
Internal Revenue Code of 1986 (relating to joint and several
liability) is amended to read as follows:
‘‘(c) JOINT AND SEVERAL LIABILITY OF RELATED PERSONS.—
‘‘(1) IN GENERAL.—Except as provided in paragraph (2),
each related person of a last signatory operator to which subsection (a) or (b) applies shall be jointly and severally liable
with the last signatory operator for the provision of health
care coverage described in subsection (a) or (b).
‘‘(2) LIABILITY LIMITED IF SECURITY PROVIDED.—If—
‘‘(A) security meeting the requirements of paragraph
(3) is provided by or on behalf of—
‘‘(i) any last signatory operator which is an
assigned operator described in section 9704(j)(2), or
‘‘(ii) any related person to any last signatory operator described in clause (i), and
‘‘(B) the common parent of the controlled group of
corporations described in section 9704(j)(2)(B) is jointly and
severally liable for the provision of health care under this
section which, but for this paragraph, would be required
to be provided by the last signatory operator or related
person,
then, as of the date the security is provided, such common
parent (and no other person) shall be liable for the provision
of health care under this section which the last signatory operator or related person would otherwise be required to provide.
Security may be provided under this paragraph without regard
to whether a payment was made under section 9704(j).
‘‘(3) SECURITY.—Security meets the requirements of this
paragraph if—
‘‘(A) the security—
‘‘(i) is in the form of a bond, letter of credit, or
cash escrow,
‘‘(ii) is provided to the trustees of the 1992 UMWA
Benefit Plan solely for the purpose of paying premiums
for beneficiaries who would be described in section
9712(b)(2)(B) if the requirements of this section were
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‘‘(iii) is in an amount equal to 1 year of liability
of the last signatory operator under this section, determined by using the average cost of such operator’s
liability during the prior 3 calendar years;
‘‘(B) the security is in addition to any other security
required under any other provision of this title; and
‘‘(C) the security remains in place for 5 years.
‘‘(4) REFUNDS OF SECURITY.—The remaining amount of any
security provided under this subsection (and earnings thereon)
shall be refunded to the last signatory operator as of the earlier
of—
‘‘(A) the termination of the obligations of the last signatory operator under this section, or
‘‘(B) the end of the 5-year period described in paragraph
(4)(C).’’.
(c) 1992 UMWA BENEFIT PLAN.—Section 9712(d)(4) of the
Internal Revenue Code of 1986 (relating to joint and several
liability) is amended by adding at the end the following new sentence: ‘‘The provisions of section 9711(c)(2) shall apply to any last
signatory operator described in such section (without regard to
whether security is provided under such section, a payment is
made under section 9704(j), or both) and if security meeting the
requirements of section 9711(c)(3) is provided, the common parent
described in section 9711(c)(2)(B) shall be exclusively responsible
for any liability for premiums under this section which, but for
this sentence, would be required to be paid by the last signatory
operator or any related person.’’.
(d) SUCCESSOR IN INTEREST.—Section 9701(c) of the Internal
Revenue Code of 1986 (relating to terms relating to operators)
is amended by adding at the end the following new paragraph:
‘‘(8) SUCCESSOR IN INTEREST.—
‘‘(A) SAFE HARBOR.—The term ‘successor in interest’
shall not include any person who—
‘‘(i) is an unrelated person to an eligible seller
described in subparagraph (C); and
‘‘(ii) purchases for fair market value assets, or
all of the stock, of a related person to such seller,
in a bona fide, arm’s-length sale.
‘‘(B) UNRELATED PERSON.—The term ‘unrelated person’
means a purchaser who does not bear a relationship to
the eligible seller described in section 267(b).
‘‘(C) ELIGIBLE SELLER.—For purposes of this paragraph,
the term ‘eligible seller’ means an assigned operator
described in section 9704(j)(2) or a related person to such
assigned operator.’’.
(e) EFFECTIVE DATE.—The amendments made by this section
shall take effect on the date of the enactment of this Act, except
that the amendment made by subsection (d) shall apply to transactions after the date of the enactment of this Act.

Applicability.
26 USC 9712.

26 USC 9701
note.

SEC. 212. TRANSFERS TO FUNDS; PREMIUM RELIEF.

(a) COMBINED FUND.—
(1) FEDERAL TRANSFERS.—Section 9705(b) of the Internal
Revenue Code of 1986 (relating to transfers from Abandoned
Mine Reclamation Fund) is amended—
(A) in paragraph (1), by striking ‘‘section 402(h)’’ and
inserting ‘‘subsections (h) and (i) of section 402’’;

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120 STAT. 3024

(B) by striking paragraph (2) and inserting the following new paragraph:
‘‘(2) USE OF FUNDS.—Any amount transferred under paragraph (1) for any fiscal year shall be used to pay benefits
and administrative costs of beneficiaries of the Combined Fund
or for such other purposes as are specifically provided in the
Acts described in paragraph (1).’’; and
(C) by striking ‘‘FROM ABANDONED MINE RECLAMATION
FUND’’ in the heading thereof.
(2) MODIFICATIONS OF PREMIUMS TO REFLECT FEDERAL
TRANSFERS.—
(A) ELIMINATION OF UNASSIGNED BENEFICIARIES PREMIUM.—Section
9704(d) of such Code (establishing
unassigned beneficiaries premium) is amended to read as
follows:
‘‘(d) UNASSIGNED BENEFICIARIES PREMIUM.—
‘‘(1) PLAN YEARS ENDING ON OR BEFORE SEPTEMBER 30,
2006.—For plan years ending on or before September 30, 2006,
the unassigned beneficiaries premium for any assigned operator
shall be equal to the applicable percentage of the product
of the per beneficiary premium for the plan year multiplied
by the number of eligible beneficiaries who are not assigned
under section 9706 to any person for such plan year.
‘‘(2) PLAN YEARS BEGINNING ON OR AFTER OCTOBER 1, 2006.—
‘‘(A) IN GENERAL.—For plan years beginning on or after
October 1, 2006, subject to subparagraph (B), there shall
be no unassigned beneficiaries premium, and benefit costs
with respect to eligible beneficiaries who are not assigned
under section 9706 to any person for any such plan year
shall be paid from amounts transferred under section
9705(b).
‘‘(B) INADEQUATE TRANSFERS.—If, for any plan year
beginning on or after October 1, 2006, the amounts transferred under section 9705(b) are less than the amounts
required to be transferred to the Combined Fund under
subsection (h)(2)(A) or (i) of section 402 of the Surface
Mining Control and Reclamation Act of 1977 (30 U.S.C.
1232)), then the unassigned beneficiaries premium for any
assigned operator shall be equal to the operator’s applicable
percentage of the amount required to be so transferred
which was not so transferred.’’.
(B) PREMIUM ACCOUNTS.—
(i) CREDITING OF ACCOUNTS.—Section 9704(e)(1) of
such Code (relating to premium accounts; adjustments)
is amended by inserting ‘‘and amounts transferred
under section 9705(b)’’ after ‘‘premiums received’’.
(ii)
SURPLUSES
ATTRIBUTABLE
TO
PUBLIC
FUNDING.—Section 9704(e)(3)(A) of such Code is
amended by adding at the end the following new sentence: ‘‘Amounts credited to an account from amounts
transferred under section 9705(b) shall not be taken
into account in determining whether there is a surplus
in the account for purposes of this paragraph.’’.
(C) APPLICABLE PERCENTAGE.—Section 9704(f)(2) of
such Code (relating to annual adjustments) is amended
by adding at the end the following new subparagraph:

26 USC 9704.

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‘‘(C) In the case of plan years beginning on or after
October 1, 2007, the total number of assigned eligible beneficiaries shall be reduced by the eligible beneficiaries whose
assignments have been revoked under section 9706(h).’’.
(3) ASSIGNMENTS AND REASSIGNMENT.—Section 9706 of the
Internal Revenue Code of 1986 (relating to assignment of
eligible beneficiaries) is amended by adding at the end the
following:
‘‘(h) ASSIGNMENTS AS OF OCTOBER 1, 2007.—
‘‘(1) IN GENERAL.—Subject to the premium obligation set
forth in paragraph (3), the Commissioner of Social Security
shall—
‘‘(A) revoke all assignments to persons other than 1988
agreement operators for purposes of assessing premiums
for plan years beginning on and after October 1, 2007;
and
‘‘(B) make no further assignments to persons other
than 1988 agreement operators, except that no individual
who becomes an unassigned beneficiary by reason of
subparagraph (A) may be assigned to a 1988 agreement
operator.
‘‘(2) REASSIGNMENT UPON PURCHASE.—This subsection shall
not be construed to prohibit the reassignment under subsection
(b)(2) of an eligible beneficiary.
‘‘(3) LIABILITY OF PERSONS DURING THREE FISCAL YEARS
BEGINNING ON AND AFTER OCTOBER 1, 2007.—In the case of
each of the fiscal years beginning on October 1, 2007, 2008,
and 2009, each person other than a 1988 agreement operator
shall pay to the Combined Fund the following percentage of
the amount of annual premiums that such person would otherwise be required to pay under section 9704(a), determined
on the basis of assignments in effect without regard to the
revocation of assignments under paragraph (1)(A):
‘‘(A) For the fiscal year beginning on October 1, 2007,
55 percent.
‘‘(B) For the fiscal year beginning on October 1, 2008,
40 percent.
‘‘(C) For the fiscal year beginning on October 1, 2009,
15 percent.’’.
(4) EFFECTIVE DATE.—The amendments made by this subsection shall apply to plan years of the Combined Fund beginning after September 30, 2006.
(b) 1992 UMWA BENEFIT AND OTHER PLANS.—
(1) TRANSFERS TO PLANS.—Section 9712(a) of the Internal
Revenue Code of 1986 (relating to the establishment and coverage of the 1992 UMWA Benefit Plan) is amended by adding
at the end the following:
‘‘(3) TRANSFERS UNDER OTHER FEDERAL STATUTES.—
‘‘(A) IN GENERAL.—The 1992 UMWA Benefit Plan shall
include any amount transferred to the plan under subsections (h) and (i) of section 402 of the Surface Mining
Control and Reclamation Act of 1977 (30 U.S.C. 1232).
‘‘(B) USE OF FUNDS.—Any amount transferred under
subparagraph (A) for any fiscal year shall be used to provide the health benefits described in subsection (c) with

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26 USC 9706.

26 USC 9704
note.

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120 STAT. 3026

respect to any beneficiary for whom no monthly per beneficiary premium is paid pursuant to paragraph (1)(A) or
(3) of subsection (d).
‘‘(4) SPECIAL RULE FOR 1993 PLAN.—
‘‘(A) IN GENERAL.—The plan described in section
402(h)(2)(C) of the Surface Mining Control and Reclamation
Act of 1977 (30 U.S.C. 1232(h)(2)(C)) shall include any
amount transferred to the plan under subsections (h) and
(i) of the Surface Mining Control and Reclamation Act
of 1977 (30 U.S.C. 1232).
‘‘(B) USE OF FUNDS.—Any amount transferred under
subparagraph (A) for any fiscal year shall be used to provide the health benefits described in section 402(h)(2)(C)(i)
of the Surface Mining Control and Reclamation Act of
1977 (30 U.S.C. 1232(h)(2)(C)(i)) to individuals described
in section 402(h)(2)(C) of such Act (30 U.S.C.
1232(h)(2)(C)).’’.
(2) PREMIUM ADJUSTMENTS.—
(A) IN GENERAL.—Section 9712(d)(1) of such Code
(relating to guarantee of benefits) is amended to read as
follows:
‘‘(1) IN GENERAL.—All 1988 last signatory operators shall
be responsible for financing the benefits described in subsection
(c) by meeting the following requirements in accordance with
the contribution requirements established in the 1992 UMWA
Benefit Plan:
‘‘(A) The payment of a monthly per beneficiary premium by each 1988 last signatory operator for each eligible
beneficiary of such operator who is described in subsection
(b)(2) and who is receiving benefits under the 1992 UMWA
Benefit Plan.
‘‘(B) The provision of a security (in the form of a
bond, letter of credit, or cash escrow) in an amount equal
to a portion of the projected future cost to the 1992 UMWA
Benefit Plan of providing health benefits for eligible and
potentially eligible beneficiaries attributable to the 1988
last signatory operator.
‘‘(C) If the amounts transferred under subsection (a)(3)
are less than the amounts required to be transferred to
the 1992 UMWA Benefit Plan under subsections (h) and
(i) of section 402 of the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1232), the payment of
an additional backstop premium by each 1988 last signatory operator which is equal to such operator’s share of
the amounts required to be so transferred but which were
not so transferred, determined on the basis of the number
of eligible and potentially eligible beneficiaries attributable
to the operator.’’.
(B) CONFORMING AMENDMENTS.—Section 9712(d) of
such Code is amended—
(i) in paragraph (2)(B), by striking ‘‘prefunding’’
and inserting ‘‘backstop’’, and
(ii) in paragraph (3), by striking ‘‘paragraph (1)(B)’’
and inserting ‘‘paragraph (1)(A)’’.
(C) EFFECTIVE DATE.—The amendments made by this
paragraph shall apply to fiscal years beginning on or after
October 1, 2010.

26 USC 9712.

26 USC 9712
note.

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SEC. 213. OTHER PROVISIONS.

(a) BOARD OF TRUSTEES.—Section 9702(b) of the Internal Revenue Code of 1986 (relating to board of trustees of the Combined
Fund) is amended to read as follows:
‘‘(b) BOARD OF TRUSTEES.—
‘‘(1) IN GENERAL.—For purposes of subsection (a), the board
of trustees for the Combined Fund shall be appointed as
follows—
‘‘(A) 2 individuals who represent employers in the coal
mining industry shall be designated by the BCOA;
‘‘(B) 2 individuals designated by the United Mine
Workers of America; and
‘‘(C) 3 individuals selected by the individuals appointed
under subparagraphs (A) and (B).
‘‘(2) SUCCESSOR TRUSTEES.—Any successor trustee shall be
appointed in the same manner as the trustee being succeeded.
The plan establishing the Combined Fund shall provide for
the removal of trustees.
‘‘(3) SPECIAL RULE.—If the BCOA ceases to exist, any
trustee or successor under paragraph (1)(A) shall be designated
by the 3 employers who were members of the BCOA on the
enactment date and who have been assigned the greatest
number of eligible beneficiaries under section 9706.’’.
(b) ENFORCEMENT OF OBLIGATIONS.—
(1) FAILURE TO PAY PREMIUMS.—Section 9707(a) of the
Internal Revenue Code of 1986 is amended to read as follows:
‘‘(a) FAILURES TO PAY.—
‘‘(1) PREMIUMS FOR ELIGIBLE BENEFICIARIES.—There is
hereby imposed a penalty on the failure of any assigned operator to pay any premium required to be paid under section
9704 with respect to any eligible beneficiary.
‘‘(2) CONTRIBUTIONS REQUIRED UNDER THE MINING LAWS.—
There is hereby imposed a penalty on the failure of any person
to make a contribution required under section 402(h)(5)(B)(ii)
of the Surface Mining Control and Reclamation Act of 1977
to a plan referred to in section 402(h)(2)(C) of such Act. For
purposes of applying this section, each such required monthly
contribution for the hours worked of any individual shall be
treated as if it were a premium required to be paid under
section 9704 with respect to an eligible beneficiary.’’.
(2) CIVIL ENFORCEMENT.—Section 9721 of such Code is
amended to read as follows:

26 USC 9702.

Penalty.

‘‘SEC. 9721. CIVIL ENFORCEMENT.

‘‘The provisions of section 4301 of the Employee Retirement
Income Security Act of 1974 shall apply, in the same manner
as any claim arising out of an obligation to pay withdrawal liability
under subtitle E of title IV of such Act, to any claim—
‘‘(1) arising out of an obligation to pay any amount required
to be paid by this chapter; or
‘‘(2) arising out of an obligation to pay any amount required
by section 402(h)(5)(B)(ii) of the Surface Mining Control and
Reclamation Act of 1977 (30 U.S.C. 1232(h)(5)(B)(ii)).’’.

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120 STAT. 3028
White Pine
County
Conservation,
Recreation, and
Development Act
of 2006.
Nevada.

PUBLIC LAW 109–432—DEC. 20, 2006

TITLE III—WHITE PINE COUNTY CONSERVATION, RECREATION, AND DEVELOPMENT
SEC. 301. AUTHORIZATION OF APPROPRIATIONS.

There are authorized to be appropriated such sums as are
necessary to carry out this title.
16 USC 1241
note.

SEC. 302. SHORT TITLE.

16 USC 1244
note.

SEC. 303. DEFINITIONS.

This title may be cited as the ‘‘White Pine County Conservation,
Recreation, and Development Act of 2006’’.
In this title:
(1) COUNTY.—The term ‘‘County’’ means White Pine
County, Nevada.
(2) SECRETARY.—The term ‘‘Secretary’’ means—
(A) with respect to land in the National Forest System,
the Secretary of Agriculture; and
(B) with respect to other Federal land, the Secretary
of the Interior.
(3) STATE.—The term ‘‘State’’ means the State of Nevada.

Subtitle A—Land Disposal
SEC. 311. CONVEYANCE OF WHITE PINE COUNTY, NEVADA, LAND.

(a) IN GENERAL.—Notwithstanding sections 202 and 203 of
the Federal Land Policy and Management Act of 1976 (43 U.S.C.
1712, 1713), the Secretary, in cooperation with the County, in
accordance with that Act, this subtitle, and other applicable law
and subject to valid existing rights, shall, at such time as the
parcels of Federal land become available for disposal, conduct sales
of the parcels of Federal land described in subsection (b) to qualified
bidders.
(b) DESCRIPTION OF LAND.—The parcels of Federal land referred
to in subsection (a) consist of not more than 45,000 acres of Bureau
of Land Management land in the County that—
(1) is not segregated or withdrawn on or after the date
of enactment of this Act, unless the land is withdrawn in
accordance with subsection (h); and
(2) is identified for disposal by the Bureau of Land Management through—
(A) the Ely Resource Management Plan; or
(B) a subsequent amendment to the management plan
that is undertaken with full public involvement.
(c) AVAILABILITY.—The map and any legal descriptions of the
Federal land conveyed under this section shall be on file and available for public inspection in—
(1) the Office of the Director of the Bureau of Land Management;
(2) the Office of the Nevada State Director of the Bureau
of Land Management; and
(3) the Ely Field Office of the Bureau of Land Management.

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(d) JOINT SELECTION REQUIRED.—The Secretary and the County
shall jointly select which parcels of Federal land described in subsection (b) to offer for sale under subsection (a).
(e) COMPLIANCE WITH LOCAL PLANNING AND ZONING LAWS.—
Before a sale of Federal land under subsection (a), the County
shall submit to the Secretary a certification that qualified bidders
have agreed to comply with—
(1) County and city zoning ordinances; and
(2) any master plan for the area approved by the County.
(f) METHOD OF SALE; CONSIDERATION.—The sale of Federal
land under subsection (a) shall be—
(1) consistent with subsections (d) and (f) of section 203
of the Federal Land Management Policy Act of 1976 (43 U.S.C.
1713);
(2) unless otherwise determined by the Secretary, through
a competitive bidding process; and
(3) for not less than fair market value.
(g) RECREATION AND PUBLIC PURPOSES ACT CONVEYANCES.—
(1) IN GENERAL.—Not later than 30 days before land is
offered for sale under subsection (a), the State or County may
elect to obtain any of the land for local public purposes in
accordance with the Act of June 14, 1926 (commonly known
as the ‘‘Recreation and Public Purposes Act’’) (43 U.S.C. 869
et seq.).
(2) RETENTION.—Pursuant to an election made under paragraph (1), the Secretary shall retain the elected land for conveyance to the State or County in accordance with the Act of
June 14, 1926 (commonly known as the ‘‘Recreation and Public
Purposes Act’’) (43 U.S.C. 869 et seq.).
(h) WITHDRAWAL.—
(1) IN GENERAL.—Subject to valid existing rights and except
as provided in paragraph (2), the Federal land described in
subsection (b) is withdrawn from—
(A) all forms of entry and appropriation under the
public land laws and mining laws;
(B) location and patent under the mining laws; and
(C) operation of the mineral laws, geothermal leasing
laws, and mineral material laws.
(2) EXCEPTION.—Paragraph (1)(A) shall not apply to sales
made consistent with this section or an election by the County
or the State to obtain the land described in subsection (b)
for public purposes under the Act of June 14, 1926 (commonly
known as the ‘‘Recreation and Public Purposes Act’’) (43 U.S.C.
869 et seq.).
(i) DEADLINE FOR SALE.—
(1) IN GENERAL.—Except as provided in paragraph (2), not
later than 1 year after the date of the signing of the record
of decision authorizing the implementation of the Ely Resource
Management Plan and annually thereafter until the Federal
land described in subsection (b) is disposed of or the County
requests a postponement under paragraph (2), the Secretary
shall offer for sale the Federal land described in subsection
(b).
(2) POSTPONEMENT; EXCLUSION FROM SALE.—
(A) REQUEST BY COUNTY FOR POSTPONEMENT OR EXCLUSION.—At the request of the County, the Secretary shall

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120 STAT. 3030

PUBLIC LAW 109–432—DEC. 20, 2006
postpone or exclude from the sale all or a portion of the
land described in subsection (b).
(B) INDEFINITE POSTPONEMENT.—Unless specifically
requested by the County, a postponement under subparagraph (A) shall not be indefinite.

SEC. 312. DISPOSITION OF PROCEEDS.

Of the proceeds from the sale of Federal land described in
section 311(b)—
(1) 5 percent shall be paid directly to the State for use
in the general education program of the State;
(2) 10 percent shall be paid to the County for use for
fire protection, law enforcement, education, public safety,
housing, social services, transportation, and planning; and
(3) the remainder shall be deposited in a special account
in the Treasury of the United States, to be known as the
‘‘White Pine County Special Account’’ (referred to in this subtitle
as the ‘‘special account’’), and shall be available without further
appropriation to the Secretary until expended for—
(A) the reimbursement of costs incurred by the Nevada
State office and the Ely Field Office of the Bureau of
Land Management for preparing for the sale of Federal
land described in section 311(b), including the costs of
surveys and appraisals and compliance with the National
Environmental Policy Act of 1969 (42 U.S.C. 4321) and
sections 202 and 203 of the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1712, 1713);
(B) the inventory, evaluation, protection, and management of unique archaeological resources (as defined in section 3 of the Archaeological Resources Protection Act of
1979 (16 U.S.C. 470bb)) of the County;
(C) the reimbursement of costs incurred by the Department of the Interior for preparing and carrying out the
transfers of land to be held in trust by the United States
under section 361;
(D) conducting a study of routes for the Silver State
Off-Highway Vehicle Trail as required by section 355(a);
(E) developing and implementing the Silver State OffHighway Vehicle Trail management plan described in section 355(c);
(F) wilderness protection and processing wilderness
designations, including the costs of appropriate fencing,
signage, public education, and enforcement for the wilderness areas designated;
(G) if the Secretary determines necessary, developing
and implementing conservation plans for endangered or
at risk species in the County; and
(H) carrying out a study to assess non-motorized recreation opportunities on Federal land in the County.

Subtitle B—Wilderness Areas

Pam White
Wilderness Act of
2006.

SEC. 321. SHORT TITLE.

This subtitle may be cited as the ‘‘Pam White Wilderness Act
of 2006’’.

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120 STAT. 3031

SEC. 322. FINDINGS.

Congress finds that—
(1) public land in the County contains unique and spectacular natural resources, including—
(A) priceless habitat for numerous species of plants
and wildlife; and
(B) thousands of acres of land that remain in a natural
state; and
(2) continued preservation of those areas would benefit
the County and all of the United States by—
(A) ensuring the conservation of ecologically diverse
habitat;
(B) protecting prehistoric cultural resources;
(C) conserving primitive recreational resources; and
(D) protecting air and water quality.
SEC. 323. ADDITIONS TO NATIONAL WILDERNESS PRESERVATION
SYSTEM.

(a) ADDITIONS.—The following land in the State is designated
as wilderness and as components of the National Wilderness
Preservation System:
(1) MT. MORIAH WILDERNESS ADDITION.—Certain Federal
land managed by the Forest Service and the Bureau of Land
Management, comprising approximately 11,261 acres, as generally depicted on the map entitled ‘‘Eastern White Pine
County’’ and dated November 29, 2006, is incorporated in,
and shall be managed as part of, the Mt. Moriah Wilderness,
as designated by section 2(13) of the Nevada Wilderness Protection Act of 1989 (16 U.S.C. 1132 note; Public Law 101–195).
(2) MOUNT GRAFTON WILDERNESS.—Certain Federal land
managed by the Bureau of Land Management, comprising
approximately 78,754 acres, as generally depicted on the map
entitled ‘‘Southern White Pine County’’ and dated November
29, 2006, which shall be known as the ‘‘Mount Grafton Wilderness’’.
(3) SOUTH EGAN RANGE WILDERNESS.—Certain Federal land
managed by the Bureau of Land Management, comprising
approximately 67,214 acres, as generally depicted on the map
entitled ‘‘Southern White Pine County’’ and dated November
29, 2006, which shall be known as the ‘‘South Egan Range
Wilderness’’.
(4) HIGHLAND RIDGE WILDERNESS.—Certain Federal land
managed by the Bureau of Land Management and the Forest
Service, comprising approximately 68,627 acres, as generally
depicted on the map entitled ‘‘Southern White Pine County’’
and dated November 29, 2006, which shall be known as the
‘‘Highland Ridge Wilderness’’.
(5) GOVERNMENT PEAK WILDERNESS.—Certain Federal land
managed by the Bureau of Land Management, comprising
approximately 6,313 acres, as generally depicted on the map
entitled ‘‘Eastern White Pine County’’ and dated November
29, 2006, which shall be known as the ‘‘Government Peak
Wilderness’’.
(6) CURRANT MOUNTAIN WILDERNESS ADDITION.—Certain
Federal land managed by the Forest Service, comprising
approximately 10,697 acres, as generally depicted on the map
entitled ‘‘Western White Pine County’’ and dated November

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16 USC 1132
note.

16 USC 1132
note.

16 USC 1132
note.

16 USC 1132
note.

16 USC 1132
note.

16 USC 1132
note.

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120 STAT. 3032

16 USC 1132
note.

16 USC 1132
note.

16 USC 1132
note.

16 USC 1132
note.

16 USC 1132
note.

16 USC 1132
note.

16 USC 1132
note.

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note.

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29, 2006, is incorporated in, and shall be managed as part
of, the ‘‘Currant Mountain Wilderness’’, as designated by section
2(4) of the Nevada Wilderness Protection Act of 1989 (16 U.S.C.
1132 note; Public Law 101–195).
(7) RED MOUNTAIN WILDERNESS.—Certain Federal land
managed by the Forest Service, comprising approximately
20,490 acres, as generally depicted on the map entitled
‘‘Western White Pine County’’ and dated November 29, 2006,
which shall be known as the ‘‘Red Mountain Wilderness’’.
(8) BALD MOUNTAIN WILDERNESS.—Certain Federal land
managed by the Bureau of Land Management and the Forest
Service, comprising approximately 22,366 acres, as generally
depicted on the map entitled ‘‘Western White Pine County’’
and dated November 29, 2006, which shall be known as the
‘‘Bald Mountain Wilderness’’.
(9) WHITE PINE RANGE WILDERNESS.—Certain Federal land
managed by the Forest Service, comprising approximately
40,013 acres, as generally depicted on the map entitled
‘‘Western White Pine County’’ and dated November 29, 2006,
which shall be known as the ‘‘White Pine Range Wilderness’’.
(10) SHELLBACK WILDERNESS.—Certain Federal land managed by the Forest Service, comprising approximately 36,143
acres, as generally depicted on the map entitled ‘‘Western White
Pine County’’ and dated November 29, 2006, which shall be
known as the ‘‘Shellback Wilderness’’.
(11) HIGH SCHELLS WILDERNESS.—Certain Federal land
managed by the Forest Service, comprising approximately
121,497 acres, as generally depicted on the map entitled
‘‘Eastern White Pine County’’ and dated November 29, 2006,
which shall be known as the ‘‘High Schells Wilderness’’.
(12) BECKY PEAK WILDERNESS.—Certain Federal land managed by the Bureau of Land Management, comprising approximately 18,119 acres, as generally depicted on the map entitled
‘‘Northern White Pine County’’ and dated November 29, 2006,
which shall be known as the ‘‘Becky Peak Wilderness’’.
(13) GOSHUTE CANYON WILDERNESS.—Certain Federal land
managed by the Bureau of Land Management, comprising
approximately 42,544 acres, as generally depicted on the map
entitled ‘‘Northern White Pine County’’ and dated November
29, 2006, which shall be known as the ‘‘Goshute Canyon Wilderness’’.
(14) BRISTLECONE WILDERNESS.—Certain Federal land
managed by the Bureau of Land Management, comprising
approximately 14,095 acres, as generally depicted on the map
entitled ‘‘Eastern White Pine County’’ and dated November
29, 2006, which shall be known as the ‘‘Bristlecone Wilderness’’.
(b) BOUNDARY.—The boundary of any portion of a wilderness
area designated by subsection (a) that is bordered by a road shall
be at least 100 feet from the edge of the road to allow public
access.
(c) MAP AND LEGAL DESCRIPTION.—
(1) IN GENERAL.—As soon as practicable after the date
of enactment of this Act, the Secretary shall file a map and
legal description of each wilderness area designated by subsection (a) with the Committee on Energy and Natural
Resources of the Senate and the Committee on Resources of
the House of Representatives.

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120 STAT. 3033

(2) EFFECT.—Each map and legal description shall have
the same force and effect as if included in this section, except
that the Secretary may correct clerical and typographical errors
in the map or legal description.
(3) AVAILABILITY.—Each map and legal description shall
be on file and available for public inspection in the appropriate
offices of—
(A) the Bureau of Land Management;
(B) the Forest Service; and
(C) the National Park Service.
(d) WITHDRAWAL.—Subject to valid existing rights, the wilderness areas designated by subsection (a) are withdrawn from—
(1) all forms of entry, appropriation, and disposal under
the public land laws;
(2) location, entry, and patent under the mining laws;
and
(3) operation of the mineral leasing and geothermal leasing
laws.
(e) MT. MORIAH WILDERNESS BOUNDARY ADJUSTMENT.—The
boundary of the Mt. Moriah Wilderness established under section
2(13) of the Nevada Wilderness Protection Act of 1989 (16 U.S.C.
1132 note; Public Law 101–195) is adjusted to include only the
land identified as the ‘‘Mount Moriah Wilderness Area’’ and ‘‘Mount
Moriah Additions’’ on the map entitled ‘‘Eastern White Pine County’’
and dated November 29, 2006.
SEC. 324. ADMINISTRATION.

(a) MANAGEMENT.—Subject to valid existing rights, each area
designated as wilderness by this subtitle shall be administered
by the Secretary in accordance with the Wilderness Act (16 U.S.C.
1131 et seq.), except that—
(1) any reference in that Act to the effective date shall
be considered to be a reference to the date of enactment of
this Act; and
(2) any reference in that Act to the Secretary of Agriculture
shall be considered to be a reference to the Secretary of Agriculture or the Secretary of the Interior, as appropriate.
(b) LIVESTOCK.—Within the wilderness areas designated under
this subtitle that are administered by the Bureau of Land Management and the Forest Service, the grazing of livestock in areas
in which grazing is established as of the date of enactment of
this Act shall be allowed to continue—
(1) subject to such reasonable regulations, policies, and
practices that the Secretary considers necessary; and
(2) consistent with section 4(d)(4) of the Wilderness Act
(16 U.S.C. 1133(d)(4)), including the guidelines set forth in
Appendix A of House Report 101–405.
(c) INCORPORATION OF ACQUIRED LAND AND INTERESTS.—Any
land or interest in land within the boundaries of an area designated
as wilderness by this subtitle that is acquired by the United States
after the date of enactment of this Act shall be added to and
administered as part of the wilderness area within which the
acquired land or interest is located.
(d) WATER RIGHTS.—
(1) FINDINGS.—Congress finds that—
(A) the land designated as wilderness by this subtitle
is located—

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PUBLIC LAW 109–432—DEC. 20, 2006
(i) in the semiarid region of the Great Basin; and
(ii) at the headwaters of the streams and rivers
on land with respect to which there are few if any—
(I) actual or proposed water resource facilities
located upstream; and
(II) opportunities for diversion, storage, or
other uses of water occurring outside the land
that would adversely affect the wilderness values
of the land;
(B) the land designated as wilderness by this subtitle
is generally not suitable for use or development of new
water resource facilities; and
(C) because of the unique nature of the land designated
as wilderness by this subtitle, it is possible to provide
for proper management and protection of the wilderness
and other values of land in ways different from those
used in other laws.
(2) PURPOSE.—The purpose of this section is to protect
the wilderness values of the land designated as wilderness
by this subtitle by means other than a federally reserved water
right.
(3) STATUTORY CONSTRUCTION.—Nothing in this subtitle—
(A) shall constitute or be construed to constitute either
an express or implied reservation by the United States
of any water or water rights with respect to a wilderness
designated by this subtitle;
(B) shall affect any water rights in the State (including
any water rights held by the United States) in existence
on the date of enactment of this Act;
(C) shall be construed as establishing a precedent with
regard to any future wilderness designations;
(D) shall affect the interpretation of, or any designation
made pursuant to, any other Act; or
(E) shall be construed as limiting, altering, modifying,
or amending any interstate compact or equitable apportionment decree that apportions water among and between
the State and other States.
(4) NEVADA WATER LAW.—The Secretary shall follow the
procedural and substantive requirements of State law in order
to obtain and hold any water rights not in existence on the
date of enactment of this Act with respect to the wilderness
areas designated by this subtitle.
(5) NEW PROJECTS.—
(A) DEFINITION OF WATER RESOURCE FACILITY.—In this
paragraph, the term ‘‘water resource facility’’—
(i) means irrigation and pumping facilities, reservoirs, water conservation works, aqueducts, canals,
ditches, pipelines, wells, hydropower projects, transmission and other ancillary facilities, and other water
diversion, storage, and carriage structures; and
(ii) does not include wildlife guzzlers.
(B) RESTRICTION ON NEW WATER RESOURCE FACILITIES.—Except as otherwise provided in this title, on or
after the date of enactment of this Act, neither the President nor any other officer, employee, or agent of the United
States shall fund, assist, authorize, or issue a license or
permit for the development of any new water resource

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facility within a wilderness area that is wholly or partially
within the County.
SEC. 325. ADJACENT MANAGEMENT.

(a) IN GENERAL.—Congress does not intend for the designation
of wilderness in the State by this subtitle to lead to the creation
of protective perimeters or buffer zones around any such wilderness
area.
(b) NONWILDERNESS ACTIVITIES.—The fact that nonwilderness
activities or uses can be seen or heard from areas within a wilderness designated under this subtitle shall not preclude the conduct
of those activities or uses outside the boundary of the wilderness
area.
SEC. 326. MILITARY OVERFLIGHTS.

Nothing in this subtitle restricts or precludes—
(1) low-level overflights of military aircraft over the areas
designated as wilderness by this subtitle, including military
overflights that can be seen or heard within the wilderness
areas;
(2) flight testing and evaluation; or
(3) the designation or creation of new units of special
use airspace, or the establishment of military flight training
routes, over the wilderness areas.
SEC. 327. NATIVE AMERICAN CULTURAL AND RELIGIOUS USES.

Nothing in this subtitle shall be construed to diminish—
(1) the rights of any Indian tribe; or
(2) tribal rights regarding access to Federal land for tribal
activities, including spiritual, cultural, and traditional foodgathering activities.
SEC. 328. RELEASE OF WILDERNESS STUDY AREAS.

(a) FINDING.—Congress finds that, for the purposes of section
603 of the Federal Land Policy and Management Act of 1976 (43
U.S.C. 1782), the Bureau of Land Management land has been
adequately studied for wilderness designation in any portion of
the wilderness study areas or instant study areas—
(1) not designated as wilderness by section 323(a),
excluding the portion of the Goshute Canyon Wilderness Study
Area located outside of the County; and
(2) depicted as released on the maps entitled—
(A) ‘‘Eastern White Pine County’’ and dated November
29, 2006;
(B) ‘‘Northern White Pine County’’ and dated November
29, 2006;
(C) ‘‘Southern White Pine County’’ and dated November
29, 2006; and
(D) ‘‘Western White Pine County’’ and dated November
29, 2006.
(b) RELEASE.—
(1) IN GENERAL.—Any public land described in subsection
(a) that is not designated as wilderness by this subtitle—
(A) is no longer subject to section 603(c) of the Federal
Land Policy and Management Act of 1976 (43 U.S.C.
1782(c));
(B) shall be managed in accordance with—

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(i) land management plans adopted under section
202 of that Act (43 U.S.C. 1712); and
(ii) cooperative conservation agreements in existence on the date of enactment of this Act; and
(C) shall be subject to the Endangered Species Act
of 1973 (16 U.S.C. 1531 et seq.).
(2) EXCEPTION.—The requirements described in paragraph
(1) shall not apply to the portion of the Goshute Canyon Wilderness Study Area located outside of the County.

SEC. 329. WILDLIFE MANAGEMENT.

(a) IN GENERAL.—In accordance with section 4(d)(7) of the
Wilderness Act (16 U.S.C. 1133(d)(7)), nothing in this subtitle affects
the jurisdiction of the State with respect to fish and wildlife management, including the regulation of hunting, fishing, and trapping,
in the wilderness areas designated by this subtitle.
(b) MANAGEMENT ACTIVITIES.—In furtherance of the purposes
and principles of the Wilderness Act (16 U.S.C. 1131 et seq.),
the Secretary may conduct such management activities as are necessary to maintain or restore fish and wildlife populations and
habitats in the wilderness areas designated by this subtitle if those
activities are conducted—
(1) consistent with relevant wilderness management plans;
and
(2) in accordance with—
(A) the Wilderness Act (16 U.S.C. 1131 et seq.); and
(B) appropriate policies such as those set forth in
Appendix B of House Report 101–405, including the occasional and temporary use of motorized vehicles if the use,
as determined by the Secretary, would promote healthy,
viable, and more naturally distributed wildlife populations
that would enhance wilderness values and accomplish those
tasks with the minimal impact necessary to reasonably
accomplish those tasks.
(c) EXISTING ACTIVITIES.—Consistent with section 4(d)(1) of the
Wilderness Act (16 U.S.C. 1133(d)(1)) and in accordance with appropriate policies such as those set forth in Appendix B of House
Report 101–405, the State may continue to use aircraft, including
helicopters, to survey, capture, transplant, monitor, and provide
water for wildlife populations, including bighorn sheep, and feral
stock, feral horses, and feral burros.
(d) WILDLIFE WATER DEVELOPMENT PROJECTS.—Subject to subsection (f), the Secretary shall authorize structures and facilities,
including existing structures and facilities, for wildlife water
development projects, including guzzlers, in the wilderness areas
designated by this subtitle if—
(1) the structures and facilities will, as determined by
the Secretary, enhance wilderness values by promoting healthy,
viable, and more naturally distributed wildlife populations; and
(2) the visual impacts of the structures and facilities on
the wilderness areas can reasonably be minimized.
(e) HUNTING, FISHING, AND TRAPPING.—
(1) IN GENERAL.—The Secretary may designate by regulation areas in which, and establish periods during which, for
reasons of public safety, administration, or compliance with
applicable laws, no hunting, fishing, or trapping will be permitted in the wilderness areas designated by this subtitle.

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(2) CONSULTATION.—Except in emergencies, the Secretary
shall consult with the appropriate State agency before promulgating regulations under paragraph (1).
(f) COOPERATIVE AGREEMENT.—
(1) IN GENERAL.—The State (including a designee of the
State) may conduct wildlife management activities in the
wilderness areas designated by this subtitle—
(A) in accordance with the terms and conditions specified in the cooperative agreement between the Secretary
and the State, entitled ‘‘Memorandum of Understanding
between the Bureau of Land Management and the Nevada
Department of Wildlife Supplement No. 9,’’ and signed
November and December 2003, including any amendments
to the cooperative agreement agreed to by the Secretary
and the State; and
(B) subject to all applicable laws and regulations.
(2) REFERENCES.—
(A) CLARK COUNTY.—For purposes of this subsection,
any references to Clark County in the cooperative agreement described in paragraph (1)(A) shall be considered
to be references to White Pine County, Nevada.
(B) BUREAU OF LAND MANAGEMENT.—For purposes of
this subsection, any references to the Bureau of Land
Management in the cooperative agreement described in
paragraph (1)(A) shall also be considered to be references
to the Forest Service.
SEC. 330. WILDFIRE, INSECT, AND DISEASE MANAGEMENT.

Consistent with section 4(d)(1) of the Wilderness Act (16 U.S.C.
1133(d)(1)), the Secretary may take such measures as may be
necessary in the control of fire, insects, and diseases, including
coordination with a State or local agency, as the Secretary deems
appropriate.
SEC. 331. CLIMATOLOGICAL DATA COLLECTION.

If the Secretary determines that hydrologic, meteorologic, or
climatological collection devices are appropriate to further the scientific, educational, and conservation purposes of the wilderness
areas designated by this subtitle, nothing in this subtitle precludes
the installation and maintenance of the collection devices within
the wilderness areas.

Subtitle C—Transfers of Administrative
Jurisdiction
SEC. 341. TRANSFER TO THE UNITED STATES FISH AND WILDLIFE
SERVICE.

(a) IN GENERAL.—Administrative jurisdiction over the land
described in subsection (b) is transferred from the Bureau of Land
Management to the United States Fish and Wildlife Service for
inclusion in the Ruby Lake National Wildlife Refuge.
(b) DESCRIPTION OF LAND.—The parcel of land referred to in
subsection (a) is approximately 645 acres of land administered
by the Bureau of Land Management and identified on the map
entitled ‘‘Ruby Lake Land Transfer’’ and dated July 10, 2006, as
‘‘Lands to be transferred to the Fish and Wildlife Service’’.

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SEC. 342. TRANSFER TO THE BUREAU OF LAND MANAGEMENT.

(a) IN GENERAL.—Subject to subsection (c), administrative jurisdiction over the parcels of land described in subsection (b) is transferred from the Forest Service to the Bureau of Land Management.
(b) DESCRIPTION OF LAND.—The parcels of land referred to
in subsection (a) are—
(1) the land administered by the Forest Service and identified on the map entitled ‘‘Southern White Pine County’’ and
dated November 29, 2006, as ‘‘Withdrawal Area’’;
(2) the land administered by the Forest Service and identified on the map entitled ‘‘Southern White Pine County’’ and
dated November 29, 2006, as ‘‘Highland Ridge Wilderness’’;
and
(3) all other Federal land administered by the Forest
Service that is located adjacent to the Highland Ridge Wilderness.
(c) CONTINUATION OF COOPERATIVE AGREEMENTS.—Any existing
Forest Service cooperative agreement or permit in effect on the
date of enactment of this Act relating to a parcel of land to which
administrative jurisdiction is transferred by subsection (a) shall
be continued by the Bureau of Land Management unless there
is reasonable cause to terminate the agreement or permit, as determined by the Secretary.
(d) WITHDRAWAL.—Subject to valid existing rights, all Federal
land within the Withdrawal Area is withdrawn from all forms
of—
(1) entry, appropriation, or disposal under the public land
laws;
(2) location, entry, and patent under the mining laws;
and
(3) operation of the mineral laws, geothermal leasing laws,
and mineral materials laws.
(e) MOTORIZED AND MECHANICAL VEHICLES.—Use of motorized
and mechanical vehicles in the withdrawal area designated by
this subtitle shall be permitted only on roads and trails designated
for their use, unless the use of those vehicles is needed—
(1) for administrative purposes; or
(2) to respond to an emergency.
SEC. 343. TRANSFER TO THE FOREST SERVICE.

(a) IN GENERAL.—Subject to subsection (c), administrative jurisdiction over the parcels of land described in subsection (b) is transferred from the Bureau of Land Management to the Forest Service.
(b) DESCRIPTION OF LAND.—The parcels of land referred to
in subsection (a) are the approximately 5,799 acres of land administered by the Bureau of Land Management and identified on the
map entitled ‘‘Western White Pine County’’, dated November 29,
2006, as the BLM Public Land Transfer to the US Forest Service.
(c) CONTINUATION OF COOPERATIVE AGREEMENTS.—Any existing
Bureau of Land Management cooperative agreement or permit in
effect on the date of enactment of this Act relating to a parcel
of land to which administrative jurisdiction is transferred by subsection (a) shall be continued by the Forest Service unless there
is reasonable cause to terminate the agreement or permit, as determined by the Secretary.

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SEC. 344. AVAILABILITY OF MAP AND LEGAL DESCRIPTIONS.

The maps of the land transferred by this subtitle shall be
on file and available for public inspection in the appropriate offices
of—
(1) the Bureau of Land Management;
(2) the Forest Service;
(3) the National Park Service; and
(4) the United States Fish and Wildlife Service.

Subtitle D—Public Conveyances
SEC. 351. CONVEYANCE TO THE STATE OF NEVADA.

(a) CONVEYANCE.—Notwithstanding section 202 of the Federal
Land Policy and Management Act of 1976 (43 U.S.C. 1712), the
Secretary shall convey to the State, subject to valid existing rights,
for no consideration, all right, title, and interest of the United
States in and to the parcels of land described in subsection (b)
if the State and the County enter into a written agreement supporting the conveyance.
(b) DESCRIPTION OF LAND.—The parcels of land referred to
in subsection (a) are—
(1) the approximately 6,281 acres of Bureau of Land
Management land identified as ‘‘Steptoe Valley Wildlife
Management Area Expansion Proposal’’ on the map entitled
‘‘Ely, Nevada Area’’ and dated November 29, 2006;
(2) the approximately 658 acres of Bureau of Land Management land identified as ‘‘Ward Charcoal Ovens Expansion’’
on the map entitled ‘‘Ely, Nevada Area’’ and dated November
29, 2006; and
(3) the approximately 2,960 acres of Forest Service identified as ‘‘Cave Lake State Park Expansion’’ on the map entitled
‘‘Ely, Nevada Area’’ and dated November 29, 2006.
(c) COSTS.—Any costs relating to a conveyance under subsection
(a), including costs for surveys and other administrative costs, shall
be paid by the State.
(d) USE OF LAND.—
(1) IN GENERAL.—Any parcel of land conveyed to the State
under subsection (a) shall be used only for—
(A) the conservation of wildlife or natural resources;
or
(B) a public park.
(2) FACILITIES.—Any facility on a parcel of land conveyed
under subsection (a) shall be constructed and managed in a
manner consistent with the uses described in paragraph (1).
(e) REVERSION.—If a parcel of land conveyed under subsection
(a) is used in a manner that is inconsistent with the uses described
in subsection (d), the parcel of land shall, at the discretion of
the Secretary, revert to the United States.

Contracts.

SEC. 352. CONVEYANCE TO WHITE PINE COUNTY, NEVADA.

(a) IN GENERAL.—Notwithstanding section 202 of the Federal
Land Policy and Management Act of 1976 (43 U.S.C. 1712), the
Secretary shall convey to the County, without consideration, all
right, title, and interest of the United States in and to the parcels
of land described in subsection (b).

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(b) DESCRIPTION OF LAND.—The parcels of land referred to
in subsection (a) are—
(1) the approximately 1,551 acres of land identified on
the map entitled ‘‘Ely, Nevada Area’’, dated November 29,
2006, as the Airport Expansion; and
(2) the approximately 202 acres of land identified on the
map entitled ‘‘Ely, Nevada Area’’, dated November 29, 2006,
as the Industrial Park Expansion.
(c) AUTHORIZED USES.—
(1) AIRPORT EXPANSION.—The parcel of land described in
subsection (b)(1) shall be used by the County to expand the
Ely Airport.
(2) INDUSTRIAL PARK EXPANSION.—The parcel of land
described in subsection (b)(2) shall be used by the County
to expand the White Pine County Industrial Park.
(3) USE OF CERTAIN LAND FOR NONRESIDENTIAL DEVELOPMENT.—
(A) IN GENERAL.—After conveyance to the County of
the land described in subsection (b), the County may sell,
lease, or otherwise convey any portion of the land conveyed
for purposes of nonresidential development relating to the
authorized uses described in paragraphs (1) and (2).
(B) METHOD OF SALE.—The sale, lease, or conveyance
of land under subparagraph (A) shall be—
(i) through a competitive bidding process; and
(ii) for not less than fair market value.
(C) DISPOSITION OF PROCEEDS.—The gross proceeds
from the sale, lease, or conveyance of land under subparagraph (A) shall be distributed in accordance with section
312.
(d) REVERSION.—If a parcel of land conveyed under subsection
(a) is used in a manner that is inconsistent with the use described
for the parcel in paragraph (1), (2), or (3) of subsection (c), the
parcel of land shall, at the discretion of the Secretary, revert to
the United States.

Subtitle E—Silver State Off-Highway
Vehicle Trail
16 USC 1244
note.

SEC. 355. SILVER STATE OFF-HIGHWAY VEHICLE TRAIL.

(a) STUDY.—
(1) IN GENERAL.—Not later than 3 years after the date
of enactment of this Act, the Secretary shall complete a study
of routes (with emphasis on roads and trails in existence on
the date of enactment of this Act) in accordance with the
National Environmental Policy Act of 1969 (42 U.S.C. 4321
et seq.) for the Silver State Off-Highway Vehicle Trail (referred
to in this section as the ‘‘Trail’’).
(2) PREFERRED ROUTE.—Based on the study conducted
under paragraph (1), the Secretary, in consultation with the
State, the County, and any interested persons, shall identify
the preferred route for the Trail.
(b) DESIGNATION OF TRAIL.—
(1) IN GENERAL.—Subject to paragraph (2), not later than
90 days after the date on which the study is completed under
subsection (a), the Secretary shall designate the Trail.

Deadline.

Deadline.

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(2) LIMITATIONS.—The Secretary shall designate the Trail
only if the Secretary—
(A) determines that the route of the Trail would not
have significant negative impacts on wildlife, natural or
cultural resources, or traditional uses; and
(B) ensures that the Trail designation—
(i) is an effort to extend the Silver State OffHighway Vehicle Trail designated under section 401(b)
of the Lincoln County Conservation, Recreation, and
Development Act of 2004 (16 U.S.C. 1244 note; Public
Law 108–424); and
(ii) is limited to—
(I) 1 route that generally runs in a northsouth direction; and
(II) 1 potential spur running west.
(c) MANAGEMENT.—
(1) IN GENERAL.—The Secretary shall manage the Trail
in a manner that—
(A) is consistent with any motorized and mechanized
uses of the Trail that are authorized on the date of enactment of this Act under applicable Federal and State laws
(including regulations);
(B) ensures the safety of the individuals who use the
Trail; and
(C) does not damage sensitive wildlife habitat, natural,
or cultural resources.
(2) MANAGEMENT PLAN.—
(A) IN GENERAL.—Not later than 2 years after the
date of designation of the Trail, the Secretary, in consultation with the State, the County, and any other interested
persons, shall complete a management plan for the Trail.
(B) COMPONENTS.—The management plan shall—
(i) describe the appropriate uses and management
of the Trail;
(ii) authorize the use of motorized and mechanized
vehicles on the Trail; and
(iii) describe actions carried out to periodically
evaluate and manage the appropriate levels of use
and location of the Trail to minimize environmental
impacts and prevent damage to cultural resources from
the use of the Trail.
(3) MONITORING AND EVALUATION.—
(A) ANNUAL ASSESSMENT.—The Secretary shall
annually assess—
(i) the effects of the use of off-highway vehicles
on the Trail to minimize environmental impacts and
prevent damage to cultural resources from the use
of the Trail; and
(ii) in consultation with the Nevada Department
of Wildlife, the effects of the Trail on wildlife and
wildlife habitat to minimize environmental impacts
from the use of the Trail.
(B) CLOSURE.—The Secretary, in consultation with the
State and the County and subject to subparagraph (C),
may temporarily close or permanently reroute a portion
of the Trail if the Secretary determines that—
(i) the Trail is having an adverse impact on—

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(I) wildlife habitats;
(II) natural resources;
(III) cultural resources; or
(IV) traditional uses;
(ii) the Trail threatens public safety;
(iii) closure of the Trail is necessary to repair
damage to the Trail; or
(iv) closure of the Trail is necessary to repair
resource damage.
(C) REROUTING.—Any portion of the Trail that is
temporarily closed may be permanently rerouted along
existing roads and trails on public land open to motorized
use if the Secretary determines that rerouting the portion
of the Trail would not significantly increase or decrease
the length of the Trail.
(D) NOTICE.—The Secretary shall provide information
to the public with respect to any routes on the Trail that
are closed under subparagraph (B), including through the
provision of appropriate signage along the Trail.
(4) NOTICE OF OPEN ROUTES.—The Secretary shall ensure
that visitors to the Trail have access to adequate notice relating
to the routes on the Trail that are open through—
(A) the provision of appropriate signage along the Trail;
and
(B) the distribution of maps, safety education materials, and any other information that the Secretary determines to be appropriate.
(d) NO EFFECT ON NON-FEDERAL LAND AND INTERESTS IN
LAND.—Nothing in this section affects the ownership or management of, or other rights relating to, non-Federal land or interests
in non-Federal land.

Subtitle F—Transfer of Land to Be Held in
Trust for the Ely Shoshone Tribe.
SEC. 361. TRANSFER OF LAND TO BE HELD IN TRUST FOR THE ELY
SHOSHONE TRIBE.

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(a) IN GENERAL.—Subject to valid existing rights, all right,
title, and interest of the United States in and to the land described
in subsection (b)—
(1) shall be held in trust by the United States for the
benefit of the Ely Shoshone Tribe (referred to in this section
as the ‘‘Tribe’’); and
(2) shall be part of the reservation of the Tribe.
(b) DESCRIPTION OF LAND.—The land referred to in subsection
(a) consists of parcels 1, 2, 3, and 4, totaling the approximately
3,526 acres of land that are identified on—
(1) the Ely, Nevada Area map dated November 29, 2006;
and
(2) the Eastern White Pine County map dated November
29, 2006, as the ‘‘Ely Shoshone Expansion’’.
(c) SURVEY.—Not later than 180 days after the date of enactment of this Act, the Bureau of Land Management shall complete
a survey of the boundary lines to establish the boundaries of the
trust land.
(d) CONDITIONS.—

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(1) GAMING.—Land taken into trust under subsection (a)
shall not be—
(A) considered to have been taken into trust for gaming
(as that term is used in the Indian Gaming Regulatory
Act (25 U.S.C. 2701 et seq.)); and
(B) used for gaming.
(2) TRUST LAND FOR CEREMONIAL USE.—With respect to
the use of the land identified on the map as ‘‘Ely Shoshone
Expansion’’ and marked as ‘‘3’’, the Tribe—
(A) shall limit the use of the surface of the land to
traditional and customary uses and stewardship conservation for the benefit of the Tribe; and
(B) shall not permit any permanent residential or recreational development on, or commercial use of, the surface
of the land, including commercial development or gaming.
(3) THINNING; LANDSCAPE RESTORATION.—With respect to
land taken into trust under subsection (a), the Forest Service
and the Bureau of Land Management may, in consultation
and coordination with the Tribe, carry out any thinning and
other landscape restoration work on the trust land that is
beneficial to the Tribe and the Forest Service or the Bureau
of Land Management.

Subtitle G—Eastern Nevada Landscape
Restoration Project.
SEC. 371. FINDINGS; PURPOSES.

(a) FINDINGS.—Congress finds that—
(1) there is an increasing threat of wildfire in the Great
Basin;
(2) those wildfires—
(A) endanger homes and communities;
(B) damage or destroy watersheds and soils; and
(C) pose a serious threat to the habitat of threatened
and endangered species;
(3) forest land and rangeland in the Great Basin are
degraded as a direct consequence of land management practices
(including practices to control and prevent wildfires) that disrupt the occurrence of frequent low-intensity fires that have
periodically removed flammable undergrowth; and
(4) additional scientific information is needed in the Great
Basin for—
(A) the design, implementation, and adaptation of landscape-scale restoration treatments; and
(B) the improvement of wildfire management technology and practices.
(b) PURPOSES.—The purposes of this subtitle are to—
(1) support the Great Basin Restoration Initiative through
the implementation of the Eastern Nevada Landscape Restoration Project; and
(2) ensure resilient and healthy ecosystems in the Great
Basin by restoring native plant communities and natural
mosaics on the landscape that function within the parameters
of natural fire regimes.

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SEC. 372. DEFINITIONS.

In this subtitle:
(1) INITIATIVE.—The term ‘‘Initiative’’ means the Great
Basin Restoration Initiative.
(2) PROJECT.—The term ‘‘Project’’ means the Eastern
Nevada Landscape Restoration Project authorized under section
373(a).
(3) SECRETARIES.—The term ‘‘Secretaries’’ means the Secretary of Agriculture and the Secretary of the Interior.
(4) STATE.—The term ‘‘State’’ means the State of Nevada.
SEC. 373. RESTORATION PROJECT.

(a) IN GENERAL.—In accordance with all applicable Federal
laws, the Secretaries shall carry out the Eastern Nevada Landscape
Restoration Project to—
(1) implement the Initiative; and
(2) restore native rangelands and native woodland
(including riparian and aspen communities) in White Pine and
Lincoln Counties in the State.
(b) GRANTS; COOPERATIVE AGREEMENT.—In carrying out the
Project—
(1) the Secretaries may make grants to the Eastern Nevada
Landscape Coalition, the Great Basin Institute, and other entities for the study and restoration of rangeland and other land
in the Great Basin—
(A) to assist in—
(i) reducing hazardous fuels; and
(ii) restoring native rangeland and woodland; and
(B) for other related purposes; and
(2) notwithstanding sections 6301 through 6308, of title
31, United States Code, the Director of the Bureau of Land
Management and the Chief of the Forest Service may enter
into an agreement with the Eastern Nevada Landscape Coalition, the Great Basin Institute, and other entities to provide
for the conduct of scientific analyses, hazardous fuels and
mechanical treatments, and related work.
(c) RESEARCH FACILITY.—The Secretaries may conduct a feasibility study on the potential establishment of an interagency science
center, including a research facility and experimental rangeland
in the eastern portion of the State.
(d) FUNDING.—Section 4(e)(3)(A) of the Southern Nevada Public
Land Management Act of 1998 (Public Law 105–263; 112 Stat.
2346; 116 Stat. 2007; 118 Stat. 2414) is amended—
(1) by redesignating clause (viii) as clause (ix); and
(2) by inserting after clause (vii) the following:
‘‘(viii) to carry out the Eastern Nevada Landscape
Restoration Project in White Pine County, Nevada and
Lincoln County, Nevada; and’’.

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Subtitle H—Amendments to the Southern
Nevada Public Land Management Act of
1998
SEC. 381. FINDINGS.

Section 2(a)(3) of the Southern Nevada Public Land Management Act of 1998 (Public Law 105–263; 112 Stat. 2343) is amended
by inserting ‘‘the Sloan Canyon National Conservation Area,’’ before
‘‘and the Spring Mountains’’.
SEC. 382. AVAILABILITY OF SPECIAL ACCOUNT.

Section 4(e) of the Southern Nevada Public Land Management
Act of 1998 (Public Law 105–263; 112 Stat. 2346; 116 Stat. 2007;
117 Stat. 1317; 118 Stat. 2414) is amended—
(1) in paragraph (3)—
(A) in subparagraph (A)—
(i) by striking ‘‘may be expended’’ and inserting
‘‘shall be expended’’;
(ii) in clause (ii)—
(I) by inserting ‘‘, the Great Basin National
Park,’’ after ‘‘the Red Rock Canyon National Conservation Area’’;
(II) by inserting ‘‘and the Forest Service’’ after
‘‘the Bureau of Land Management’’; and
(III) by striking ‘‘Clark and Lincoln Counties’’
and inserting ‘‘Clark, Lincoln, and White Pine
Counties’’;
(iii) in clause (iii), by inserting ‘‘and implementation’’ before ‘‘of a multispecies habitat’’;
(iv) in clause (iv), by striking ‘‘Clark and Lincoln
Counties,’’ and inserting ‘‘Clark, Lincoln, and White
Pine Counties and Washoe County (subject to paragraph (4)),’’;
(v) in clause (v), by striking ‘‘Clark and Lincoln
Counties’’ and inserting ‘‘Clark, Lincoln, and White
Pine Counties’’;
(vi) in clause (vii)—
(I) by striking ‘‘for development’’ and inserting
‘‘development’’; and
(II) by striking ‘‘and’’ at the end;
(vii) by redesignating clauses (viii) and (ix) (as
amended by section 373(d)) as clauses (x) and (xi),
respectively; and
(viii) by inserting after clause (vii) the following:
‘‘(viii) reimbursement of any costs incurred by the
Bureau of Land Management to clear debris from and
protect land that is—
‘‘(I) located in the disposal boundary described
in subsection (a); and
‘‘(II) reserved for affordable housing;
‘‘(ix) development and implementation of comprehensive, cost-effective, multijurisdictional hazardous fuels reduction and wildfire prevention plans
(including sustainable biomass and biofuels energy
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Tahoe Basin (to be developed in conjunction with the
Tahoe Regional Planning Agency), the Carson Range
in Douglas and Washoe Counties and Carson City in
the State, and the Spring Mountains in the State,
that are—
‘‘(I) subject to approval by the Secretary; and
‘‘(II) not more than 10 years in duration;’’;
and
(B) by inserting after subparagraph (C) the following:
‘‘(D) TRANSFER REQUIREMENT.—Subject to such terms
and conditions as the Secretary may prescribe, and notwithstanding any other provision of law—
‘‘(i) for amounts that have been authorized for
expenditure under subparagraph (A)(iv) but not transferred as of the date of enactment of this subparagraph,
the Secretary shall, not later than 60 days after a
request for funds from the applicable unit of local
government or regional governmental entity, transfer
to the applicable unit of local government or regional
governmental entity the amount authorized for the
expenditure; and
‘‘(ii) for expenditures authorized under subparagraph (A)(iv) that are approved by the Secretary, the
Secretary shall, not later than 60 days after a request
for funds from the applicable unit of local government
or regional governmental entity, transfer to the
applicable unit of local government or regional governmental entity the amount approved for expenditure.’’;
and
(2) by adding at the end the following:
‘‘(4) LIMITATION FOR WASHOE COUNTY.—Until December 31,
2011, Washoe County shall be eligible to nominate for expenditure amounts to acquire land (not to exceed 250 acres) and
develop 1 regional park and natural area.’’.

Subtitle I—Amendments to the Lincoln
County Conservation, Recreation, and
Development Act of 2004
SEC. 391. DISPOSITION OF PROCEEDS.

Section 103(b)(2) of the Lincoln County Conservation, Recreation, and Development Act of 2004 (Public Law 108–424; 118
Stat. 2405) is amended by inserting ‘‘education, planning,’’ after
‘‘social services,’’.

Subtitle J—All American Canal Projects
SEC. 395. ALL AMERICAN CANAL LINING PROJECT.

(a) DUTIES OF THE SECRETARY.—Notwithstanding any other
provision of law, upon the date of enactment of this Act, the Secretary shall, without delay, carry out the All American Canal Lining
Project identified—
(1) as the preferred alternative in the record of decision
for that project, dated July 29, 1994; and

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(2) in the allocation agreement allocating water from the
All American Canal Lining Project, entered into as of October
10, 2003.
(b) DUTIES OF COMMISSIONER OF RECLAMATION.—
(1) IN GENERAL.—Subject to paragraph (2), if a State conducts a review or study of the implications of the All American
Canal Lining Project as carried out under subsection (a), upon
request from the Governor of the State, the Commissioner
of Reclamation shall cooperate with the State, to the extent
practicable, in carrying out the review or study.
(2) RESTRICTION OF DELAY.—A review or study conducted
by a State under paragraph (1) shall not delay the carrying
out by the Secretary of the All American Canal Lining Project.
SEC. 396. REGULATED STORAGE WATER FACILITY.

(a) CONSTRUCTION, OPERATION, AND MAINTENANCE OF
FACILITY.—Notwithstanding any other provision of law, upon the
date of enactment of this Act, the Secretary shall, without delay,
pursuant to the Act of January 1, 1927 (44 Stat. 1010, chapter
47) (commonly known as the ‘‘River and Harbor Act of 1927’’),
as amended, design and provide for the construction, operation,
and maintenance of a regulated water storage facility (including
all incidental works that are reasonably necessary to operate the
storage facility) to provide additional storage capacity to reduce
nonstorable flows on the Colorado River below Parker Dam.
(b) LOCATION OF FACILITY.—The storage facility (including all
incidental works) described in subsection (a) shall be located at
or near the All American Canal.
SEC. 397. APPLICATION OF LAW.

Mexico.

The Treaty between the United States of America and Mexico
relating to the utilization of waters of the Colorado and Tijuana
Rivers and of the Rio Grande, and supplementary protocol signed
November 14, 1944, signed at Washington February 3, 1944 (59
Stat. 1219) is the exclusive authority for identifying, considering,
analyzing, or addressing impacts occurring outside the boundary
of the United States of works constructed, acquired, or used within
the territorial limits of the United States.

TITLE IV—OTHER PROVISIONS
SEC. 401. TOBACCO PERSONAL USE QUANTITY EXCEPTION TO NOT
APPLY TO DELIVERY SALES.

(a) DEFINITIONS.—Section 801 of the Tariff Act of 1930 (19
U.S.C. 1681) is amended by adding at the end the following:
‘‘(3) DELIVERY SALE.—The term ‘delivery sale’ means any
sale of cigarettes or a smokeless tobacco product to a consumer
if—
‘‘(A) the consumer submits the order for such sale
by means of a telephone or other method of voice transmission, the mail, or the Internet or other online service,
or the seller is otherwise not in the physical presence
of the buyer when the request for purchase or order is
made; or
‘‘(B) the cigarettes or smokeless tobacco product is
delivered by use of a common carrier, private delivery
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PUBLIC LAW 109–432—DEC. 20, 2006

presence of the buyer when the buyer obtains personal
possession of the delivered cigarettes or smokeless tobacco
product.’’.
(b) INAPPLICABILITY OF EXEMPTIONS FROM REQUIREMENTS FOR
ENTRY OF CERTAIN CIGARETTES AND SMOKELESS TOBACCO PRODUCTS.—Section 802(b)(1) of the Tariff Act of 1930 (19 U.S.C.
1681a(b)(1)) is amended by adding at the end the following new
sentence: ‘‘The preceding sentence shall not apply to any cigarettes
or smokeless tobacco products sold in connection with a delivery
sale.’’.
(c) STATE ACCESS TO CUSTOMS CERTIFICATIONS.—Section 802
of the Tariff Act of 1930 (19 U.S.C. 1681a) is amended by adding
at the end the following new subsection:
‘‘(d) STATE ACCESS TO CUSTOMS CERTIFICATIONS.—A State,
through its Attorney General, shall be entitled to obtain copies
of any certification required under subsection (c) directly—
‘‘(1) upon request to the agency of the United States responsible for collecting such certification; or
‘‘(2) upon request to the importer, manufacturer, or authorized official of such importer or manufacturer.’’.
(d) ENFORCEMENT PROVISIONS.—Section 803(b) of the Tariff
Act of 1930 (19 U.S.C. 1681b(b)) is amended—
(1) in the first sentence, by inserting before the period
at the end the following: ‘‘, or to any State in which such
tobacco product, cigarette papers, or tube is found’’; and
(2) in the second sentence, by inserting ‘‘, or to any State,’’
after ‘‘the United States’’.
(e) INCLUSION OF SMOKELESS TOBACCO.—
(1) Sections 802 and 803(a) of the Tariff Act of 1930 (19
U.S.C. 1681a and 1681b(a)) (other than the last sentence of
section 802(b)(1), as added by subsection (b) of this section)
are further amended by inserting ‘‘or smokeless tobacco products’’ after ‘‘cigarettes’’ each place it appears.
(2) Section 802 of such Act is further amended—
(A) in subsection (a)—
(i) in paragraph (1), by inserting ‘‘or section 4
of the Comprehensive Smokeless Tobacco Health Education Act of 1986 (15 U.S.C. 4403), as the case may
be’’ after ‘‘section 7 of the Federal Cigarette Labeling
and Advertising Act (15 U.S.C. 1335a)’’;
(ii) in paragraph (2), by inserting ‘‘or section 3
of the Comprehensive Smokeless Tobacco Health Education Act of 1986 (15 U.S.C. 4402), as the case may
be,’’ after ‘‘section 4 of the Federal Cigarette Labeling
and Advertising Act (15 U.S.C. 1333)’’; and
(iii) in paragraph (3), by inserting ‘‘or section 3(d)
of the Comprehensive Smokeless Tobacco Health Education Act of 1986 (15 U.S.C. 4402(d)), as the case
may be’’ after ‘‘section 4(c) of the Federal Cigarette
Labeling and Advertising Act (15 U.S.C. 1333(c))’’;
(B) in subsection (b)—
(i) in the heading of paragraph (1), by inserting
‘‘OR SMOKELESS TOBACCO PRODUCTS’’ after ‘‘CIGARETTES’’; and
(ii) in the heading of paragraphs (2) and (3), by
inserting ‘‘OR SMOKELESS TOBACCO PRODUCTS’’ after
‘‘CIGARETTES’’; and

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(C) in subsection (c)—
(i) in the heading, by inserting ‘‘OR SMOKELESS
TOBACCO PRODUCT’’ after ‘‘CIGARETTE’’;
(ii) in paragraph (1), by inserting ‘‘or section 4
of the Comprehensive Smokeless Tobacco Health Education Act of 1986 (15 U.S.C. 4403), as the case may
be’’ after ‘‘section 7 of the Federal Cigarette Labeling
and Advertising Act (15 U.S.C. 1335a)’’;
(iii) in paragraph (2)(A), by inserting ‘‘or section
3 of the Comprehensive Smokeless Tobacco Health
Education Act of 1986 (15 U.S.C. 4402), as the case
may be,’’ after ‘‘section 4 of the Federal Cigarette
Labeling and Advertising Act (15 U.S.C. 1333)’’; and
(iv) in paragraph (2)(B), by inserting ‘‘or section
3(d) of the Comprehensive Smokeless Tobacco Health
Education Act of 1986 (15 U.S.C. 4402(d)), as the case
may be’’ after ‘‘section 4(c) of the Federal Cigarette
Labeling and Advertising Act (15 U.S.C. 1333(c))’’.
(3) Section 803(b) of such Act, as amended by subsection
(d)(1) of this section, is further amended by inserting ‘‘, or
any smokeless tobacco product,’’ after ‘‘or tube’’ the first place
it appears.
(4)(A) The heading of title VIII of such Act is amended
by inserting ‘‘AND SMOKELESS TOBACCO PRODUCTS’’
after ‘‘CIGARETTES’’.
(B) The heading of section 802 of such Act is amended
by inserting ‘‘AND SMOKELESS TOBACCO PRODUCTS’’ after
‘‘CIGARETTES’’.
(f) APPLICATION OF CIVIL PENALTIES TO RELANDINGS OF
TOBACCO PRODUCTS SOLD IN A DELIVERY SALE.—
(1) IN GENERAL.—Section 5761 of the Internal Revenue
Code of 1986 (relating to civil penalties) is amended by redesignating subsections (d) and (e) as subsections (e) and (f), respectively, and inserting after subsection (c) the following new
subsection:
‘‘(d) PERSONAL USE QUANTITIES.—
‘‘(1) IN GENERAL.—No quantity of tobacco products other
than the quantity referred to in paragraph (2) may be relanded
or received as a personal use quantity.
‘‘(2) EXCEPTION FOR PERSONAL USE QUANTITY.—Subsection
(c) and section 5754 shall not apply to any person who relands
or receives tobacco products in the quantity allowed entry free
of tax and duty under chapter 98 of the Harmonized Tariff
Schedule of the United States, and such person may voluntarily
relinquish to the Secretary at the time of entry any excess
of such quantity without incurring the penalty under subsection
(c).
‘‘(3) SPECIAL RULE FOR DELIVERY SALES.—
‘‘(A) IN GENERAL.—Paragraph (2) shall not apply to
any tobacco product sold in connection with a delivery
sale.
‘‘(B) DELIVERY SALE.—For purposes of subparagraph
(A), the term ‘delivery sale’ means any sale of a tobacco
product to a consumer if—
‘‘(i) the consumer submits the order for such sale
by means of a telephone or other method of voice
transmission, the mail, or the Internet or other online

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note.

PUBLIC LAW 109–432—DEC. 20, 2006

service, or the seller is otherwise not in the physical
presence of the buyer when the request for purchase
or order is made, or
‘‘(ii) the tobacco product is delivered by use of
a common carrier, private delivery service, or the mail,
or the seller is not in the physical presence of the
buyer when the buyer obtains personal possession of
the tobacco product.’’.
(2) CONFORMING AMENDMENTS.—
(A) Subsection (c) of section 5761 of such Code is
amended by striking the last two sentences.
(B) Paragraph (1) of section 5754(c) of such Code is
amended by striking ‘‘section 5761(c)’’ and inserting ‘‘section 5761(d)’’.
(g) EFFECTIVE DATE.—The amendments made by this section
shall apply with respect to goods entered, or withdrawn from warehouse for consumption, on or after the 15th day after the date
of the enactment of this Act.
SEC. 402. ETHANOL TARIFF SCHEDULE.

Headings 9901.00.50 and 9901.00.52 of the Harmonized Tariff
Schedule of the United States are each amended in the effective
period column by striking ‘‘10/1/2007’’ each place it appears and
inserting ‘‘1/1/2009’’.
SEC. 403. WITHDRAWAL OF CERTAIN FEDERAL LAND AND INTERESTS
IN CERTAIN FEDERAL LAND FROM LOCATION, ENTRY,
AND PATENT UNDER THE MINING LAWS AND DISPOSITION UNDER THE MINERAL AND GEOTHERMAL LEASING
LAWS.

(a) DEFINITIONS.—In this section:
(1) BUREAU OF LAND MANAGEMENT LAND.—The term
‘‘Bureau of Land Management land’’ means the Bureau of Land
Management land and any federally-owned minerals located
south of the Blackfeet Indian Reservation and east of the Lewis
and Clark National Forest to the eastern edge of R. 8 W.,
beginning in T. 29 N. down to and including T. 19 N. and
all of T. 18 N., R. 7 W.
(2) ELIGIBLE FEDERAL LAND.—The term ‘‘eligible Federal
land’’ means the Bureau of Land Management land and the
Forest Service land, as generally depicted on the map.
(3) FOREST SERVICE LAND.—The term ‘‘Forest Service land’’
means—
(A) the Forest Service land and any federally-owned
minerals located in the Rocky Mountain Division of the
Lewis and Clark National Forest, including the approximately 356,111 acres of land made unavailable for leasing
by the August 28, 1997, Record of Decision for the Lewis
and Clark National Forest Oil and Gas Leasing Environmental Impact Statement and that is located from T. 31
N. to T. 16 N. and R. 13 W. to R. 7 W.; and
(B) the Forest Service land and any federally-owned
minerals located within the Badger Two Medicine area
of the Flathead National Forest, including—
(i) the land located in T. 29 N. from the western
edge of R. 16 W. to the eastern edge of R. 13 W.;
and

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(ii) the land located in T. 28 N., Rs. 13 and 14
W.
(4) MAP.—The term ‘‘map’’ means the map entitled ‘‘Rocky
Mountain Front Mineral Withdrawal Area’’ and dated
December 31, 2006.
(b) WITHDRAWAL.—
(1) IN GENERAL.—Subject to valid existing rights, the
eligible Federal land (including any interest in the eligible
Federal land) is withdrawn from—
(A) all forms of location, entry, and patent under the
mining laws; and
(B) disposition under all laws relating to mineral and
geothermal leasing.
(2) AVAILABILITY OF MAP.—The map shall be on file and
available for inspection in the Office of the Chief of the Forest
Service.
(c) TAX INCENTIVE FOR SALE OF EXISTING MINERAL AND GEOTHERMAL RIGHTS TO TAX-EXEMPT ENTITIES.—
(1) EXCLUSION.—For purposes of the Internal Revenue Code
of 1986, gross income shall not include 25 percent of the qualifying gain from a conservation sale of a qualifying mineral
or geothermal interest.
(2) QUALIFYING GAIN.—For purposes of this subsection, the
term ‘‘qualifying gain’’ means any gain which would be recognized as long-term capital gain under such Code.
(3) CONSERVATION SALE.—For purposes of this subsection,
the term ‘‘conservation sale’’ means a sale which meets the
following requirements:
(A) TRANSFEREE IS AN ELIGIBLE ENTITY.—The transferee of the qualifying mineral or geothermal interest is
an eligible entity.
(B) QUALIFYING LETTER OF INTENT REQUIRED.—At the
time of the sale, such transferee provides the taxpayer
with a qualifying letter of intent.
(C) NONAPPLICATION TO CERTAIN SALES.—The sale is
not made pursuant to an order of condemnation or eminent
domain.
(4) QUALIFYING MINERAL OR GEOTHERMAL INTEREST.—For
purposes of this subsection—
(A) IN GENERAL.—The term ‘‘qualifying mineral or geothermal interest’’ means an interest in any mineral or
geothermal deposit located on eligible Federal land which
constitutes a taxpayer’s entire interest in such deposit.
(B) ENTIRE INTEREST.—For purposes of subparagraph
(A)—
(i) an interest in any mineral or geothermal deposit
is not a taxpayer’s entire interest if such interest in
such mineral or geothermal deposit was divided in
order to avoid the requirements of such subparagraph
or section 170(f)(3)(A) of such Code, and
(ii) a taxpayer’s entire interest in such deposit
does not fail to satisfy such subparagraph solely
because the taxpayer has retained an interest in other
deposits, even if the other deposits are contiguous with
such certain deposit and were acquired by the taxpayer
along with such certain deposit in a single conveyance.
(5) OTHER DEFINITIONS.—For purposes of this subsection—

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120 STAT. 3052

PUBLIC LAW 109–432—DEC. 20, 2006
(A) ELIGIBLE ENTITY.—The term ‘‘eligible entity’’
means—
(i) a governmental unit referred to in section
170(c)(1) of such Code, or an agency or department
thereof operated primarily for 1 or more of the conservation purposes specified in clause (i), (ii), or (iii)
of section 170(h)(4)(A) of such Code, or
(ii) an entity which is—
(I) described in section 170(b)(1)(A)(vi) or section 170(h)(3)(B) of such Code, and
(II) organized and at all times operated primarily for 1 or more of the conservation purposes
specified in clause (i), (ii), or (iii) of section
170(h)(4)(A) of such Code.
(B) QUALIFYING LETTER OF INTENT.—The term ‘‘qualifying letter of intent’’ means a written letter of intent
which includes the following statement: ‘‘The transferee’s
intent is that this acquisition will serve 1 or more of
the conservation purposes specified in clause (i), (ii), or
(iii) of section 170(h)(4)(A) of the Internal Revenue Code
of 1986, that the transferee’s use of the deposits so acquired
will be consistent with section 170(h)(5) of such Code, and
that the use of the deposits will continue to be consistent
with such section, even if ownership or possession of such
deposits is subsequently transferred to another person.’’.
(6) TAX ON SUBSEQUENT TRANSFERS.—
(A) IN GENERAL.—A tax is hereby imposed on any
subsequent transfer by an eligible entity of ownership or
possession, whether by sale, exchange, or lease, of an
interest acquired directly or indirectly in—
(i) a conservation sale described in paragraph (1),
or
(ii) a transfer described in clause (i), (ii), or (iii)
of subparagraph (D).
(B) AMOUNT OF TAX.—The amount of tax imposed by
subparagraph (A) on any transfer shall be equal to the
sum of—
(i) 20 percent of the fair market value (determined
at the time of the transfer) of the interest the ownership or possession of which is transferred, plus
(ii) the product of—
(I) the highest rate of tax specified in section
11 of such Code, times
(II) any gain or income realized by the transferor as a result of the transfer.
(C) LIABILITY.—The tax imposed by subparagraph (A)
shall be paid by the transferor.
(D) RELIEF FROM LIABILITY.—The person (otherwise
liable for any tax imposed by subparagraph (A)) shall be
relieved of liability for the tax imposed by subparagraph
(A) with respect to any transfer if—
(i) the transferee is an eligible entity which provides such person, at the time of transfer, a qualifying
letter of intent,
(ii) in any case where the transferee is not an
eligible entity, it is established to the satisfaction of
the Secretary of the Treasury, that the transfer of

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ownership or possession, as the case may be, will be
consistent with section 170(h)(5) of such Code, and
the transferee provides such person, at the time of
transfer, a qualifying letter of intent, or
(iii) tax has previously been paid under this paragraph as a result of a prior transfer of ownership
or possession of the same interest.
(E) ADMINISTRATIVE PROVISIONS.—For purposes of subtitle F of such Code, the taxes imposed by this paragraph
shall be treated as excise taxes with respect to which
the deficiency procedures of such subtitle apply.
(7) REPORTING.—The Secretary of the Treasury may require
such reporting as may be necessary or appropriate to further
the purpose under this subsection that any conservation use
be in perpetuity.
(d) EFFECTIVE DATES.—
(1) MORATORIUM.—Subsection (b) shall take effect on the
date of the enactment of this Act.
(2) TAX INCENTIVE.—Subsection (c) shall apply to sales
occurring on or after the date of the enactment of this Act.
SEC. 404. CONTINUING ELIGIBILITY FOR CERTAIN STUDENTS UNDER
DISTRICT OF COLUMBIA SCHOOL CHOICE PROGRAM.

(a) IN GENERAL.—Section 307(a)(4) of the DC School Choice
Incentive Act of 2003 (sec. 38–1851.06(a)(4), D.C. Official Code)
is amended by striking ‘‘200 percent’’ and inserting the following:
‘‘200 percent (or, in the case of an eligible student whose first
year of participation in the program is an academic year ending
in June 2005 or June 2006 and whose second or succeeding year
is an academic year ending on or before June 2009, 300 percent)’’.
(b) EFFECTIVE DATE.—The amendment made by subsection (a)
shall take effect as if included in the enactment of the DC School
Choice Incentive Act of 2003.
SEC. 405. STUDY ON ESTABLISHING UNIFORM NATIONAL DATABASE
ON ELDER ABUSE.

(a) STUDY.—
(1) IN GENERAL.—The Secretary of Health and Human
Services, in consultation with the Attorney General, shall conduct a study on establishing a uniform national database on
elder abuse.
(2) ISSUES STUDIED.—The study conducted under paragraph
(1) may consider the following:
(A) Current methodologies used for collecting data on
elder abuse, including a determination of the shortcomings,
strengths, and commonalities of existing data collection
efforts and reporting forms, and how a uniform national
database would capitalize on such efforts.
(B) The process by which uniform national standards
for reporting on elder abuse could be implemented,
including the identification and involvement of necessary
stakeholders, financial resources needed, timelines, and the
treatment of existing standards with respect to elder abuse.
(C) Potential conflicts in Federal, State, and local laws,
and enforcement and jurisdictional issues that could occur
as a result of the creation of a uniform national database
on elder abuse.

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(D) The scope, purpose, and variability of existing
definitions used by Federal, State, and local agencies with
respect to elder abuse.
(3) DURATION.—The study conducted under paragraph (1)
shall be conducted for a period not to exceed 2 years.
(b) REPORT.—Not later than 180 days after the completion
of the study conducted under subsection (a)(1), the Secretary of
Health and Human Services shall submit a report to the Committee
on Finance of the Senate and the Committee on Ways and Means
of the House of Representatives containing the findings of the
study, together with recommendations on how to implement a uniform national database on elder abuse.
(c) AUTHORIZATION.—There are authorized to be appropriated
to carry out this section, $500,000 for each of fiscal years 2007
and 2008.
SEC. 406. TEMPORARY DUTY REDUCTIONS FOR CERTAIN COTTON
SHIRTING FABRIC.

(a) CERTAIN COTTON SHIRTING FABRICS.—
(1) IN GENERAL.—Subchapter II of chapter 99 of the Harmonized Tariff Schedule of the United States is amended by
inserting in numerical sequence the following new headings:

‘‘

9902.52.08

Woven fabrics of cotton, of a type
described in subheading 5208.21,
of average yarn number exceeding
135 metric, other than fabrics provided for in headings 9902.52.20
through 9902.52.31, certified by
the importer to be suitable for use
in men’s and boys’ shirts, the foregoing imported by or for the benefit of a manufacturer of men’s and
boys’ shirts under the terms of
U.S. Notes 18 and 19 of this subchapter. ............................................

Free

No change

No change

On or before
12/31/2009

9902.52.09

Woven fabrics of cotton, of a type
described in subheading 5208.22,
of average yarn number exceeding
135 metric, other than fabrics provided for in headings 9902.52.20
through 9902.52.31, certified by
the importer to be suitable for use
in men’s and boys’ shirts, the foregoing imported by or for the benefit of a manufacturer of men’s and
boys’ shirts under the terms of
U.S. Notes 18 and 19 of this subchapter. ............................................

Free

No change

No change

On or before
12/31/2009

Woven fabrics of cotton, of a type
described in subheading 5208.29,
of average yarn number exceeding
135 metric, other than fabrics provided for in headings 9902.52.20
through 9902.52.31, certified by
the importer to be suitable for use
in men’s and boys’ shirts, the foregoing imported by or for the benefit of a manufacturer of men’s and
boys’ shirts under the terms of
U.S. Notes 18 and 19 of this subchapter. ............................................

Free

No change

No change

On or before
12/31/2009

9902.52.10

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9902.52.11

Woven fabrics of cotton, of a type
described in subheading 5208.31,
of average yarn number exceeding
135 metric, other than fabrics provided for in headings 9902.52.20
through 9902.52.31, certified by
the importer to be suitable for use
in men’s and boys’ shirts, the foregoing imported by or for the benefit of a manufacturer of men’s and
boys’ shirts under the terms of
U.S. Notes 18 and 19 of this subchapter. ............................................

Free

No change

No change

On or before
12/31/2009

9902.52.12

Woven fabrics of cotton, of a type
described in subheading 5208.32,
of average yarn number exceeding
135 metric, other than fabrics provided for in headings 9902.52.20
through 9902.52.31, certified by
the importer to be suitable for use
in men’s and boys’ shirts, the foregoing imported by or for the benefit of a manufacturer of men’s and
boys’ shirts under the terms of
U.S. Notes 18 and 19 of this subchapter. ............................................

Free

No change

No change

On or before
12/31/2009

9902.52.13

Woven fabrics of cotton, of a type
described in subheading 5208.39,
of average yarn number exceeding
135 metric, other than fabrics provided for in headings 9902.52.20
through 9902.52.31, certified by
the importer to be suitable for use
in men’s and boys’ shirts, the foregoing imported by or for the benefit of a manufacturer of men’s and
boys’ shirts under the terms of
U.S. Notes 18 and 19 of this subchapter. ............................................

Free

No change

No change

On or before
12/31/2009

Woven fabrics of cotton, of a type
described in subheading 5208.41,
of average yarn number exceeding
135 metric, other than fabrics provided for in headings 9902.52.20
through 9902.52.31, certified by
the importer to be suitable for use
in men’s and boys’ shirts, the foregoing imported by or for the benefit of a manufacturer of men’s and
boys’ shirts under the terms of
U.S. Notes 18 and 19 of this subchapter. ............................................

Free

No change

No change

On or before
12/31/2009

Woven fabrics of cotton, of a type
described in subheading 5208.42,
of average yarn number exceeding
135 metric, other than fabrics provided for in headings 9902.52.20
through 9902.52.31, certified by
the importer to be suitable for use
in men’s and boys’ shirts, the foregoing imported by or for the benefit of a manufacturer of men’s and
boys’ shirts under the terms of
U.S. Notes 18 and 19 of this subchapter. ............................................

Free

No change

No change

On or before
12/31/2009

9902.52.14

9902.52.15

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9902.52.16

Woven fabrics of cotton, of a type
described in subheading 5208.49,
of average yarn number exceeding
135 metric, other than fabrics provided for in headings 9902.52.20
through 9902.52.31, certified by
the importer to be suitable for use
in men’s and boys’ shirts, the foregoing imported by or for the benefit of a manufacturer of men’s and
boys’ shirts under the terms of
U.S. Notes 18 and 19 of this subchapter. ............................................

Free

No change

No change

On or before
12/31/2009

9902.52.17

Woven fabrics of cotton, of a type
described in subheading 5208.51,
of average yarn number exceeding
135 metric, other than fabrics provided for in headings 9902.52.20
through 9902.52.31, certified by
the importer to be suitable for use
in men’s and boys’ shirts, the foregoing imported by or for the benefit of a manufacturer of men’s and
boys’ shirts under the terms of
U.S. Notes 18 and 19 of this subchapter. ............................................

Free

No change

No change

On or before
12/31/2009

9902.52.18

Woven fabrics of cotton, of a type
described in subheading 5208.52,
of average yarn number exceeding
135 metric, other than fabrics provided for in headings 9902.52.20
through 9902.52.31, certified by
the importer to be suitable for use
in men’s and boys’ shirts, the foregoing imported by or for the benefit of a manufacturer of men’s and
boys’ shirts under the terms of
U.S. Notes 18 and 19 of this subchapter. ............................................

Free

No change

No change

On or before
12/31/2009

Woven fabrics of cotton, of a type
described in subheading 5208.59,
of average yarn number exceeding
135 metric, other than fabrics provided for in headings 9902.52.20
through 9902.52.31, certified by
the importer to be suitable for use
in men’s and boys’ shirts, the foregoing imported by or for the benefit of a manufacturer of men’s and
boys’ shirts under the terms of
U.S. Notes 18 and 19 of this subchapter. ............................................

Free

No change

No change

On or before
12/31/2009

Woven fabrics of cotton of a type
described in subheading 5208.21,
of average yarn number exceeding
135 metric, certified by the importer to be wholly of pima cotton
grown in the United States and to
be suitable for use in men’s and
boys’ shirts, the foregoing imported
by or for the benefit of a manufacturer of men’s and boys’ shirts
under the terms of U.S. Note 18 of
this subchapter. ...............................

Free

No change

No change

On or before
12/31/2009

9902.52.19

9902.52.20

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9902.52.21

9902.52.22

9902.52.23

9902.52.24

9902.52.25

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10:22 Jan 29, 2007

120 STAT. 3057

Woven fabrics of cotton of a type
described in subheading 5208.22,
of average yarn number exceeding
135 metric, certified by the importer to be wholly of pima cotton
grown in the United States and to
be suitable for use in men’s and
boys’ shirts, the foregoing imported
by or for the benefit of a manufacturer of men’s and boys’ shirts
under the terms of U.S. Note 18 of
this subchapter. ...............................

Free

No change

No change

On or before
12/31/2009

Woven fabrics of cotton of a type
described in subheading 5208.29,
of average yarn number exceeding
135 metric, certified by the importer to be wholly of pima cotton
grown in the United States and to
be suitable for use in men’s and
boys’ shirts, the foregoing imported
by or for the benefit of a manufacturer of men’s and boys’ shirts
under the terms of U.S. Note 18 of
this subchapter. ...............................

Free

No change

No change

On or before
12/31/2009

Woven fabrics of cotton of a type
described in subheading 5208.31,
of average yarn number exceeding
135 metric, certified by the importer to be wholly of pima cotton
grown in the United States and to
be suitable for use in men’s and
boys’ shirts, the foregoing imported
by or for the benefit of a manufacturer of men’s and boys’ shirts
under the terms of U.S. Note 18 of
this subchapter. ...............................

Free

No change

No change

On or before
12/31/2009

Woven fabrics of cotton of a type
described in subheading 5208.32,
of average yarn number exceeding
135 metric, certified by the importer to be wholly of pima cotton
grown in the United States and to
be suitable for use in men’s and
boys’ shirts, the foregoing imported
by or for the benefit of a manufacturer of men’s and boys’ shirts
under the terms of U.S. Note 18 of
this subchapter. ...............................

Free

No change

No change

On or before
12/31/2009

Woven fabrics of cotton of a type
described in subheading 5208.39,
of average yarn number exceeding
135 metric, certified by the importer to be wholly of pima cotton
grown in the United States and to
be suitable for use in men’s and
boys’ shirts, the foregoing imported
by or for the benefit of a manufacturer of men’s and boys’ shirts
under the terms of U.S. Note 18 of
this subchapter. ...............................

Free

No change

No change

On or before
12/31/2009

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120 STAT. 3058

PUBLIC LAW 109–432—DEC. 20, 2006

9902.52.26

9902.52.27

9902.52.28

9902.52.29

9902.52.30

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Woven fabrics of cotton of a type
described in subheading 5208.41,
of average yarn number exceeding
135 metric, certified by the importer to be wholly of pima cotton
grown in the United States and to
be suitable for use in men’s and
boys’ shirts, the foregoing imported
by or for the benefit of a manufacturer of men’s and boys’ shirts
under the terms of U.S. Note 18 of
this subchapter. ...............................

Free

No change

No change

On or before
12/31/2009

Woven fabrics of cotton of a type
described in subheading 5208.42,
of average yarn number exceeding
135 metric, certified by the importer to be wholly of pima cotton
grown in the United States and to
be suitable for use in men’s and
boys’ shirts, the foregoing imported
by or for the benefit of a manufacturer of men’s and boys’ shirts
under the terms of U.S. Note 18 of
this subchapter. ...............................

Free

No change

No change

On or before
12/31/2009

Woven fabrics of cotton of a type
described in subheading 5208.49,
of average yarn number exceeding
135 metric, certified by the importer to be wholly of pima cotton
grown in the United States and to
be suitable for use in men’s and
boys’ shirts, the foregoing imported
by or for the benefit of a manufacturer of men’s and boys’ shirts
under the terms of U.S. Note 18 of
this subchapter. ...............................

Free

No change

No change

On or before
12/31/2009

Woven fabrics of cotton of a type
described in subheading 5208.51,
of average yarn number exceeding
135 metric, certified by the importer to be wholly of pima cotton
grown in the United States and to
be suitable for use in men’s and
boys’ shirts, the foregoing imported
by or for the benefit of a manufacturer of men’s and boys’ shirts
under the terms of U.S. Note 18 of
this subchapter. ...............................

Free

No change

No change

On or before
12/31/2009

Woven fabrics of cotton of a type
described in subheading 5208.52,
of average yarn number exceeding
135 metric, certified by the importer to be wholly of pima cotton
grown in the United States and to
be suitable for use in men’s and
boys’ shirts, the foregoing imported
by or for the benefit of a manufacturer of men’s and boys’ shirts
under the terms of U.S. Note 18 of
this subchapter. ...............................

Free

No change

No change

On or before
12/31/2009

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PUBLIC LAW 109–432—DEC. 20, 2006

9902.52.31

Woven fabrics of cotton of a type
described in subheading 5208.59,
of average yarn number exceeding
135 metric, certified by the importer to be wholly of pima cotton
grown in the United States and to
be suitable for use in men’s and
boys’ shirts, the foregoing imported
by or for the benefit of a manufacturer of men’s and boys’ shirts
under the terms of U.S. Note 18 of
this subchapter. ...............................

Free

No change

(2) DEFINITIONS AND LIMITATION
IMPORTS.—The U.S. Notes to subchapter

No change

ON

120 STAT. 3059

On or before
12/31/2009

QUANTITY

’’.

OF

II of chapter 99 of
the Harmonized Tariff Schedule of the United States are
amended by adding at the end the following:
‘‘18. For purposes of headings 9902.52.08 through 9902.52.31,
the term ‘manufacturer’ means a person or entity that cuts and
sews men’s and boys’ shirts in the United States.
‘‘19. The aggregate quantity of fabrics entered under headings
9902.52.08 through 9902.52.19 from January 1 to December 31
of each year, inclusive, by or on behalf of each manufacturer of
men’s and boys’ shirts shall be limited to 85 percent of the total
square meter equivalents of all imported woven fabrics of cotton
containing 85 percent or more by weight of cotton used by such
manufacturer in cutting and sewing men’s and boys’ cotton shirts
in the United States and purchased by such manufacturer during
calendar year 2000.’’.
(b) DETERMINATION OF TARIFF-RATE QUOTAS.—
(1) AUTHORITY TO ISSUE LICENSES AND LICENSE USE.—In
order to implement the limitation on the quantity of cotton
woven fabrics that may be entered under headings 9902.52.08
through 9902.52.19 of the Harmonized Tariff Schedule of the
United States, as required by U.S. Note 19 to subchapter II
of chapter 99 of such Schedule, the Secretary of Commerce
shall issue licenses to eligible manufacturers under such
headings 9902.52.08 through 9902.52.19, specifying the restrictions under each such license on the quantity of cotton woven
fabrics that may be entered each year by or on behalf of
the manufacturer. A licensee may assign the authority (in
whole or in part) under the license to import fabric under
headings 9902.52.08 through 9902.52.19 of such Schedule.
(2) LICENSES UNDER U.S. NOTE 19.—For purposes of U.S.
Note 19 to subchapter II of chapter 99 of the Harmonized
Tariff Schedule of the United States, the Secretary of Commerce
shall issue a license to a manufacturer within 60 days after
the manufacturer files with the Secretary of Commerce an
application containing a notarized affidavit from an officer of
the manufacturer that the manufacturer is eligible to receive
a license and stating the quantity of imported woven fabrics
of cotton containing 85 percent or more by weight of cotton
purchased during calendar year 2000 for use in the cutting
and sewing men’s and boys’ shirts in the United States.
(3) AFFIDAVITS.—For purposes of an affidavit described in
this subsection, the date of purchase shall be—
(A) the invoice date if the manufacturer is not the
importer of record; and

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120 STAT. 3060

PUBLIC LAW 109–432—DEC. 20, 2006
(B) the date of entry if the manufacturer is the
importer of record.

SEC. 407. COTTON TRUST FUND.

Effective date.

Effective date.

VerDate 14-DEC-2004

10:22 Jan 29, 2007

(a) ESTABLISHMENT OF TRUST FUND.—There is established in
the Treasury of the United States a trust fund to be known as
the ‘‘Pima Cotton Trust Fund’’ (in this section referred to as the
‘‘Trust Fund’’), consisting of such amounts as may be transferred
to the Trust Fund under subsection (b).
(b) TRANSFER OF AMOUNTS.—
(1) IN GENERAL.—Beginning October 1, 2006, the Secretary
of the Treasury shall transfer to the Trust Fund, from the
general fund of the Treasury, amounts determined by the Secretary of the Treasury to be equivalent to the amounts received
in the general fund that are attributable to duties received
since January 1, 1994, on articles under subheadings
5208.21.60, 5208.22.80, 5208.29.80, 5208.31.80, 5208.32.50,
5208.39.80, 5208.41.80, 5208.42.50, 5208.49.80, 5208.51.80,
5208.52.50, and 5208.59.80 of the Harmonized Tariff Schedule
of the United States, subject to the limitation in paragraph
(2).
(2) LIMITATION.—The Secretary may not transfer more than
$16,000,000 to the Trust Fund in any fiscal year, and may
not transfer any amount beginning on or after October 1, 2008.
(c) DISTRIBUTION OF FUNDS.—From amounts in the Trust Fund,
the Commissioner of the Bureau of Customs and Border Protection
shall make the following payments annually beginning in fiscal
year 2007:
(1) 25 percent of the amounts in the Trust Fund shall
be paid annually to a nationally recognized association established for the promotion of pima cotton grown in the United
States for the use in textile and apparel goods.
(2) 25 percent of the amounts in the Trust Fund shall
be paid annually to yarn spinners of pima cotton grown in
the United States, and shall be allocated to each spinner in
an amount that bears the same ratio as—
(A) the spinner’s production of ring spun cotton yarns,
measuring less than 83.33 decitex (exceeding 120 metric
number) from pima cotton grown in the United States
in single and plied form during the period January 1,
1998, through December 31, 2003 (as evidenced by an
affidavit provided by the spinner) bears to—
(B) the production of the yarns described in subparagraph (A) during the period January 1, 1998, through
December 31, 2003, for all spinners who qualify under
this paragraph.
(3) 50 percent of the amounts in the Trust Fund shall
be paid annually to those manufacturers who cut and sew
cotton shirts in the United States who certify that they used
imported cotton fabric during the period January 1, 1998,
through July 1, 2003, and shall be allocated to each such
manufacturer in an amount that bears the same ratio as—
(A) the dollar value (excluding duty, shipping, and
related costs) of imported woven cotton shirting fabric of
80s or higher count and 2-ply in warp purchased by the
manufacturer during calendar year 2002 (as evidenced by

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PUBLIC LAW 109–432—DEC. 20, 2006

120 STAT. 3061

an affidavit from the manufacturer that meets the requirements of subsection (d)) used in the manufacturing of men’s
and boys’ cotton shirts, bears to—
(B) the dollar value (excluding duty, shipping, and
related costs) of the fabric described in subparagraph (A)
purchased during calendar year 2002 by all manufacturers
who qualify under this paragraph.
(d) AFFIDAVIT OF SHIRTING MANUFACTURERS.—The affidavit
required by subsection (c)(3)(A) is a notarized affidavit provided
by an officer of the manufacturer of men’s and boys’ shirts concerned
that affirms—
(1) that the manufacturer used imported cotton fabric
during the period January 1, 1998, through July 1, 2003, to
cut and sew men’s and boys’ woven cotton shirts in the United
States;
(2) the dollar value of imported woven cotton shirting fabric
of 80s or higher count and 2-ply in warp purchased during
calendar year 2002;
(3) that the manufacturer maintains invoices along with
other supporting documentation (such as price lists and other
technical descriptions of the fabric qualities) showing the dollar
value of such fabric purchased, the date of purchase, and
evidencing the fabric as woven cotton fabric of 80s or higher
count and 2-ply in warp; and
(4) that the fabric was suitable for use in the manufacturing
of men’s and boys’ cotton shirts.
(e) DATE OF PURCHASE.—For purposes of the affidavit under
subsection (d), the date of purchase shall be the invoice date,
and the dollar value shall be determined excluding duty, shipping,
and related costs.
(f) AFFIDAVIT OF YARN SPINNERS.—The affidavit required by
subsection (c)(2)(A) is a notarized affidavit provided by an officer
of the producer of ring spun yarns that affirms—
(1) that the producer used pima cotton grown in the United
States during the period January 1, 2002, through December
31, 2002, to produce ring spun cotton yarns, measuring less
than 83.33 decitex (exceeding 120 metric number), in single
and plied form during 2002;
(2) the quantity, measured in pounds, of ring spun cotton
yarns, measuring less than 83.33 decitex (exceeding 120 metric
number), in single and plied form during calendar year 2002;
and
(3) that the producer maintains supporting documentation
showing the quantity of such yarns produced, and evidencing
the yarns as ring spun cotton yarns, measuring less than 83.33
decitex (exceeding 120 metric number), in single and plied
form during calendar year 2002.
(g) NO APPEAL.—Any amount paid by the Commissioner of
the Bureau of Customs and Border Protection under this section
shall be final and not subject to appeal or protest.
SEC. 408. TAX COURT REVIEW OF REQUESTS FOR EQUITABLE RELIEF
FROM JOINT AND SEVERAL LIABILITY.

(a) IN GENERAL.—Paragraph (1) of section 6015(e) of the
Internal Revenue Code of 1986 (relating to petition for tax court
review) is amended by inserting ‘‘, or in the case of an individual

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26 USC 6015.

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120 STAT. 3062

26 USC 6015
note.

PUBLIC LAW 109–432—DEC. 20, 2006

who requests equitable relief under subsection (f)’’ after ‘‘who elects
to have subsection (b) or (c) apply’’.
(b) CONFORMING AMENDMENTS.—
(1) Section 6015(e)(1)(A)(i)(II) of such Code is amended
by inserting ‘‘or request is made’’ after ‘‘election is filed’’.
(2) Section 6015(e)(1)(B)(i) of such Code is amended—
(A) by inserting ‘‘or requesting equitable relief under
subsection (f)’’ after ‘‘making an election under subsection
(b) or (c)’’, and
(B) by inserting ‘‘or request’’ after ‘‘to which such election’’.
(3) Section 6015(e)(1)(B)(ii) of such Code is amended by
inserting ‘‘or to which the request under subsection (f) relates’’
after ‘‘to which the election under subsection (b) or (c) relates’’.
(4) Section 6015(e)(4) of such Code is amended by inserting
‘‘or the request for equitable relief under subsection (f)’’ after
‘‘the election under subsection (b) or (c)’’.
(5) Section 6015(e)(5) of such Code is amended by inserting
‘‘or who requests equitable relief under subsection (f)’’ after
‘‘who elects the application of subsection (b) or (c)’’.
(6) Section 6015(g)(2) of such Code is amended by inserting
‘‘or of any request for equitable relief under subsection (f)’’
after ‘‘any election under subsection (b) or (c)’’.
(7) Section 6015(h)(2) of such Code is amended by inserting
‘‘or a request for equitable relief made under subsection (f)’’
after ‘‘with respect to an election made under subsection (b)
or (c)’’.
(c) EFFECTIVE DATE.—The amendments made by this section
shall apply with respect to liability for taxes arising or remaining
unpaid on or after the date of the enactment of this Act.

DIVISION D—TEMPORARILY MODIFY
CERTAIN RATES OF DUTY AND MAKE
OTHER TECHNICAL AMENDMENTS TO
THE TRADE LAWS, EXTEND CERTAIN
TRADE
PREFERENCE
PROGRAMS,
AND OTHER PURPOSES
SEC. 1. TABLE OF CONTENTS.

The table of contents for this division is as follows:
DIVISION D—TEMPORARILY MODIFY CERTAIN RATES OF DUTY AND MAKE
OTHER TECHNICAL AMENDMENTS TO THE TRADE LAWS, EXTEND CERTAIN TRADE PREFERENCE PROGRAMS, AND OTHER PURPOSES
Sec. 1. Table of contents.
TITLE I—TARIFF PROVISIONS
Sec. 1001. Reference; expired provisions.
Subtitle A—New Duty Suspensions and Reductions
Sec.
Sec.
Sec.
Sec.

VerDate 14-DEC-2004

10:22 Jan 29, 2007

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1111.
1112.
1113.
1114.

CHAPTER 1—NEW DUTY SUSPENSIONS
Diethyl sulfate.
Sorafenib.
Prohexadione calcium.
Methyl methoxy acetate.

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PUBLIC LAW 109–432—DEC. 20, 2006
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.

1115.
1116.
1117.
1118.
1119.
1120.
1121.
1122.
1123.
1124.
1125.
1126.
1127.
1128.
1129.
1130.
1131.
1132.
1133.
1134.
1135.
1136.
1137.
1138.
1139.
1140.
1141.
1142.
1143.
1144.
1145.
1146.

Sec. 1147.
Sec. 1148.
Sec. 1149.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.

1150.
1151.
1152.
1153.
1154.
1155.
1156.
1157.
1158.
1159.

Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.

1160.
1161.
1162.
1163.
1164.
1165.
1166.
1167.
1168.
1169.

Sec. 1170.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.

VerDate 14-DEC-2004

1171.
1172.
1173.
1174.
1175.
1176.
1177.
1178.

10:22 Jan 29, 2007

120 STAT. 3063

Methoxyacetic acid.
N-Methylpiperidine.
Quinclorac technical.
Pyridaben.
Certain rubber or plastic footwear.
Sodium ortho-phenylphenol.
Certain chemical.
Baypure CX.
Isoeicosane.
Isododecane.
Isohexadecane.
Aminoguanidine bicarbonate.
o-Chlorotoluene.
Bayderm bottom DLV-N.
2,3-Dichloronitrobenzene.
1-Methoxy-2-propanol.
Basic Red 1 dye.
Basic Red 1:1 dye.
Basic Violet 11 dye.
Basic Violet 11:1 dye.
N-Cyclohexylthiophthalimide.
4,4′-Dithiodimorpholine.
Tetraethylthiuram disulfide.
Certain tetramethylthiuram disulfide.
Certain aerosol valves.
4-Methyl-5-n-propoxy-2,4-dihydro-1,2,4-triazol-3-one.
Ethoxyquin.
Tricholorobenzene.
Benzoic acid, 3,4,5-trihydroxy-, propyl ester.
2-Cyanopyridine.
Mixed xylidines.
Certain reception apparatus not containing a clock or clock timer, incorporating only AM radio.
Pigment Yellow 219.
Pigment Blue 80.
1-Oxa-3,
20-diazadispiro-[5.1.11.2]
heneicosan-21-one
2,2,4,4tetramethyl-,hydrochloride, reaction products with epichloro-hydrin,
hydrolyzed and polymerized.
Isobutyl parahydroxybenzoic acid and its sodium salt.
Phosphinic acid, diethyl-, aluminum salt.
Exolit OP 1312.
Sodium hypophosphite.
Cyanuric chloride.
Certain leather footwear for persons other than men or women.
Certain other work footwear.
Certain turn or turned footwear.
Certain work footwear with outer soles of leather.
Certain footwear with outer soles of rubber or plastics and with open
toes or heels.
Certain athletic footwear.
Certain work footwear.
Certain footwear.
1-Naphthyl methylcarbamate.
Certain 16-inch variable speed scroll saw machines.
3,4-Dimethoxybenzaldehyde.
2-Aminothiophenol.
Solvent Red 227.
Mixtures of formaldehyde polymer and toluene.
1,2-Bis(3-aminopropyl)ethylenediamine, polymer with N-butyl-2,2,6,6tetramethyl-4-piperidinamine and 2,4,6-trichloro-1,3,5-triazine.
Mixture of barium carbonate, strontium carbonate, calcium carbonate,
methoxy-2-propananolacetate-1, for use as emitter suspension cathode
coating.
Resin cement.
Phosphor yox, yttrium oxide phosphor, activated by europium.
Phosphor-bag-barium magnesium aluminate phosphor.
Yttrium vanadate phosphor.
Phosphor scap strontium chloroapatite-europium.
Phosphor zinc silicate.
Strontium magnesium phosphate-tin doped.
Phosphor-yof flu pdr yox; yttrium oxide phosphor, activated by europium.

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120 STAT. 3064
Sec.
Sec.
Sec.
Sec.
Sec.

PUBLIC LAW 109–432—DEC. 20, 2006
1179.
1180.
1181.
1182.
1183.

Sec. 1184.
Sec.
Sec.
Sec.
Sec.
Sec.

1185.
1186.
1187.
1188.
1189.

Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.

1190.
1191.
1192.
1193.
1194.
1195.
1196.
1197.
1198.
1199.
1200.
1201.
1202.
1203.
1204.
1205.
1206.
1207.
1208.
1209.
1210.
1211.
1212.
1213.
1214.
1215.
1216.
1217.

Sec. 1218.
Sec. 1219.
Sec. 1220.
Sec. 1221.
Sec. 1222.
Sec. 1223.
Sec. 1224.
Sec. 1225.
Sec. 1226.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.

1227.
1228.
1229.
1230.
1231.
1232.

Sec. 1233.
Sec. 1234.
Sec. 1235.
Sec.
Sec.
Sec.
Sec.

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10:22 Jan 29, 2007

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1236.
1237.
1238.
1239.

Calcium chloride phosphate phosphor.
Ceramic frit powder.
Phosphor lite white and phosphor blue halo.
Phosphor-sca, strontium halophosphate doped with europium.
Phosphor-cool white small particle calcium halophosphate phosphor activated by manganese and antimony.
Phosphor lap lanthanum phosphate phosphor, activated by cerium and
terbium.
Kashmir.
Certain articles of platinum.
Nickel alloy wire.
Titanium mononitride.
High accuracy, metal, marine sextants, used for navigating by celestial
bodies.
Electrically operated pencil sharpeners.
Valve assemblies (vacuum relief).
Seals, aerodynamic, fireproof.
Wing illumination lights.
Exterior emergency lights.
Magnesium peroxide.
Certain footwear other than for men.
Grass shears with rotating blade.
Cerium sulfide pigments.
Kresoxim methyl.
4-piece or 5-piece fireplace tools of iron or steel.
RSD 1235.
MCPB acid and MCPB sodium salt.
Gibberellic acid.
Triphenyltin hydroxide.
Bromoxynil octonoate.
Methyl 3-(trifluoromethyl)benzoate.
4-(Trifluoromethoxy)phenyl isocyanate.
4-Methylbenzonitrile.
Diaminodecane.
Certain compounds of lanthanum phosphates.
Certain compounds of yttrium europium oxide coprecipitates.
Certain compounds of lanthanum, cerium, and terbium phosphates.
Certain compounds of yttrium cerium phosphates.
Canned, boiled oysters, not smoked.
Boots.
Vinylidene chloride-methyl methacrylate-acrylonitrile copolymer.
1-Propene, 1,1,2,3,3,3-hexafluoro-, oxidized, polymerized, reduced
hydrolyzed.
1-Propene,1,1,2,3,3,3-hexafluoro-oxidized, polymerized.
1-Propene, 1,1,2,3,3,3-hexafluoro-, telomer with chlorotrifluoroethene,
oxidized, reduced, ethyl ester, hydrolyzed.
Infrared absorbing dye.
1,1,2-2-Tetrafluoroethene, oxidized, polymerized.
Methoxycarbonyl-terminated
perfluorinated
polyoxymethylenepolyoxyethylene.
Ethene, tetrafluoro, oxidized, polymerized, reduced, decarboxylated.
Ethene, tetrafluoro, oxidized, polymerized reduced, methyl esters, reduced, ethoxylated.
Oxiranemethanol, polymers with reduced methyl esters of reduced polymerized oxidized tetrafluoroethylene.
Ethene, tetrafluoro, oxidized, polymerized reduced, methyl esters, reduced.
Certain light-absorbing photo dyes.
Certain specialty monomers.
Suspension of duty on exoflex F BX7011.
Triphenyl phosphine.
Certain golf bag bodies.
Dichlorprop-p acid, dichlorprop-p dimethylamine salt, and dichlorprop-p
2-ethylhexyl ester.
2,4-db acid and 2,4-db dimethylamine salt.
Filament fiber tow of rayon.
Parts for use in the manufacture of certain high-performance loudspeakers.
Certain plastic lamp-holder housings containing sockets.
Certain porcelain lamp-holder housings containing sockets.
Certain aluminum lamp-holder housings containing sockets.
Certain brass lamp-holder housings containing sockets.

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PUBLIC LAW 109–432—DEC. 20, 2006
Sec.
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1240.
1241.
1242.
1243.
1244.
1245.
1246.
1247.
1248.
1249.
1250.
1251.
1252.
1253.
1254.
1255.
1256.
1257.
1258.
1259.
1260.
1261.
1262.
1263.
1264.
1265.
1266.
1267.
1268.
1269.
1270.
1271.
1272.
1273.
1274.

Sec.
Sec.
Sec.
Sec.

1275.
1276.
1277.
1278.

Sec. 1279.
Sec. 1280.
Sec. 1281.
Sec. 1282.
Sec. 1283.
Sec. 1284.
Sec. 1285.
Sec. 1286.
Sec. 1287.
Sec. 1288.
Sec. 1289.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.

VerDate 14-DEC-2004

1290.
1291.
1292.
1293.
1294.
1295.
1296.
1297.
1298.
1299.
1300.
1301.

10:22 Jan 29, 2007

120 STAT. 3065

Staple fibers of viscose rayon, not carded.
Staple fibers of rayon, carded, combed, or otherwise processed.
Mini DVD camcorder with 680K pixel CCD.
Mini DVD camcorder with 20G HDD.
Metal halide lamp.
Hand-held electronic can openers.
Electric knives.
Toaster ovens with single-slot traditional toaster opening on top of oven.
Ice shavers.
Dual-press sandwich makers with floating upper lid and lock.
Electric juice extractors greater than 300 watts but less than 400 watts.
Electric juice extractors not less than 800 watts.
Open-top electric indoor grills.
Automatic drip coffeemakers other than those with clocks.
Automatic drip coffeemakers with electronic clocks.
Electric under-the-cabinet mounting can openers.
Dimethyl malonate.
Lightweight digital camera lenses.
Digital zoom camera lenses.
Color flat panel screen monitors.
Color monitors with a video display diagonal of 35.56 cm or greater.
Color monitors.
Black and white monitors.
6 V lead-acid storage batteries.
Zirconyl chloride.
Naphthol AS-CA.
Naphthol AS-KB.
Basic Violet 1.
Basic Blue 7.
3-Amino-4-methylbenzamide.
Acetoacetyl-2,5-dimethoxy-4-chloroanilide.
Phenyl salicylate (benzoic acid, 2-hydroxy-, phenyl ester).
Synthetic indigo powder.
1,3,5-Triazine-2,4-diamine, 6-[2-(2-methyl-1H-imidazol-1-yl)ethyl]-.
50/50 Mixture of 1,3,5-triazine-2,4,6(1H,3H,5H)-trione, 1,3,5-tris[(2r)oxiranylmethyl]- and 1,3,5,-triazine-2,4,6(1H,3H,5H)-trione, 1,3,5tris[(2s)-oxiranylmethyl]-.
9H-Thioxanthene-2-carboxaldehyde, 9-oxo-, 2-(o-acetyloxime).
1H-Imidazole, 2-ethyl-4-methyl-.
1H-Imidazole-4-methanol, 5-methyl-2-phenyl-.
4-Cyclohexene-1,2-dicarboxylic acid, compd. With 1,3,5-triazine-2,4,6-triamine (1:1).
1,3,5,-Triazine-2,4-diamine, 6-[2-(2-undecyl-1H-imidazol-1-yl)ethyl]-.
Certain footwear valued over $20 a pair with coated or laminated textile
fabrics.
Certain women’s footwear with coated or laminated textile fabrics.
Certain men’s footwear with coated or laminated textile fabrics.
Certain men’s footwear valued over $20 a pair with coated or laminated
textile fabrics.
Certain women’s footwear valued over $20 a pair with coated or laminated textile fabrics.
Certain other footwear valued over $20 a pair with coated or laminated
textile fabrics.
Certain footwear with coated or laminated textile fabrics.
Certain other footwear covering the ankle with coated or laminated textile fabrics.
Certain women’s footwear covering the ankle with coated or laminated
textile fabrics.
Certain women’s footwear not covering the ankle with coated or laminated textile fabrics.
Felt-bottom boots for use in fishing waders.
Lug bottom boots for use in fishing waders.
Certain parts and accessories for measuring or checking instruments.
Certain printed circuit assemblies.
Certain subassemblies for measuring equipment for telecommunications.
Chloroneb.
p-Nitrobenzoic acid (PNBA).
Allyl pentaerythritol (APE).
Butyl ethyl propanediol (BEP).
BEPD70L.
Boltorn-1 (bolt-1).
Boltorn-2 (bolt-2).

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120 STAT. 3066
Sec.
Sec.
Sec.
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Sec.
Sec.
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Sec.
Sec.
Sec.

PUBLIC LAW 109–432—DEC. 20, 2006
1302.
1303.
1304.
1305.
1306.
1307.
1308.
1309.
1310.
1311.
1312.

Sec. 1313.
Sec. 1314.
Sec. 1315.

Sec. 1316.

VerDate 14-DEC-2004

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Sec.
Sec.
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Sec.

1317.
1318.
1319.
1320.
1321.

Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.

1322.
1323.
1324.
1325.
1326.
1327.
1328.

Sec.
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Sec.
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1329.
1330.
1331.
1332.
1333.
1334.
1335.
1336.
1337.
1338.
1339.
1340.
1341.
1342.
1343.
1344.
1345.
1346.
1347.
1348.
1349.

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1350.
1351.
1352.
1353.
1354.
1355.
1356.
1357.
1358.
1359.
1360.
1361.
1362.
1363.

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Cyclic TMP formal (CTF).
DITMP.
Polyol DPP (DPP).
Hydroxypivalic acid (HPA).
TMPDE.
TMPME.
TMP oxetane (TMPO).
TMPO ethoxylate (TMPOE).
Amyl-anthraquinone.
T-butyl acrylate.
3-Cyclohexene-1-carboxylic acid, 6-[(di-2-propenylamino)carbonyl]-, rel(1R,6R)-, reaction products with pentafluoroiodoethane-tetrafluoroethylene telomer, ammonium salt.
Mixtures of phosphate ammonium salt derivatives of a fluorochemical.
1-(3H)-isobenzofuranone, 3,3-bis(2-methyl-1-octyl-1H-indol-3-yl)-.
Mixture of poly[[6-[(1,1,3,3-tetramethylbutyl)amino]-1,3,5-triazine-2,4diyl]
[2,2,6,6-tetramethyl-4-piperidinyl)imino]-1,6-hexanediyl[(2,2,6,6tetramethyl-4-piperidinyl)imino]])
and
bis(2,2,6,6-tetramethyl-4piperidyl) sebacate.
Certain bitumen-coated polyethylene sleeves specifically designed to protect in-ground wood posts.
Nylon woolpacks used to package wool.
Magnesium zinc aluminum hydroxide carbonate hydrate.
C12–18 alkenes.
Acrypet UT100.
5-Amino-1-[2,6-dichloro-4-(trifluoromethyl)phenyl]-4-[(1R,S)–
(trifluoromethyl)-sulfinyl]-1H-pyrazole-3-carbonitrile (Fipronil).
2,3-Pyridinedicarboxylic acid.
Mixtures of 2-amino-2,3-dimethylbutylnitrile and toluene.
2,3-Quinolinedicarboxylic acid.
3,5-Difluoroaniline.
Clomazone.
Chloropivaloyl chloride.
N,N′-Hexane-1,6-diylbis(3-(3,5-di-tert-butyl-4hydroxyphenylpropionamide)).
Reactive Red 268.
Reactive Red 270.
Certain glass thermo bulbs.
Pyriproxyfen.
Uniconazole-P.
Bispyribac-sodium.
Dinotefuran.
Etoxazole.
Bioallethrin.
S-Bioallethrin.
Tetramethrin.
Tralomethrin.
Flumiclorac-pentyl.
1-Propene-2-methyl homopolymer.
Acronal-S-600.
Lucirin TPO.
Sokalan PG IME.
Lycopene 10 percent.
Mixtures of CAS Nos. 181274–15–7 and 208465–21–8.
2-Methyl-1-[4-(methylthio)phenyl]-2-(4-morpholinyl)–1-propanone.
1,6-Hexanediamine, N,N- bis(2,2,6,6-tetramethyl-4- piperidinyl)-, polymer with 2,4,6-trichloro-1,3,5-triazine, reaction products with n-butyl-1butanamine and N-butyl- 2,2,6,6-tetramethyl-4- piperidinamine.
Vat Black 25.
Acid Orange 162.
Methyl salicylate.
1,2-Octanediol.
Menthone glycerin acetal.
Pontamine Green 2b.
Bayderm bottom 10 UD.
Bayderm finish DLH.
Levagard DMPP.
Bayderm bottom DLV.
Certain ethylene-vinyl acetate copolymers.
Cyazofamid.
Flonicamid.
Zeta-cypermethrin.

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PUBLIC LAW 109–432—DEC. 20, 2006
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Sec.
Sec.
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1364.
1365.
1366.
1367.
1368.
1369.
1370.
1371.
1372.
1373.

Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.

1374.
1375.
1376.
1377.
1378.
1379.
1380.

Sec.
Sec.
Sec.
Sec.

1381.
1382.
1383.
1384.

Sec. 1385.
Sec. 1386.
Sec. 1387.
Sec. 1388.
Sec. 1389.
Sec. 1390.
Sec. 1391.

Sec. 1392.
Sec. 1393.

VerDate 14-DEC-2004

Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.

1394.
1395.
1396.
1397.
1398.
1399.
1400.
1401.
1402.

Sec.
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Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.

1403.
1404.
1405.
1406.
1407.
1408.
1409.
1410.
1411.
1412.
1413.
1414.
1415.
1416.
1417.

10:22 Jan 29, 2007

120 STAT. 3067

2-Ethylhexyl 4-methoxycinnamate.
Certain flame retardant plasticizers.
Baypure DS.
Bayowet C4.
Certain bicycle parts.
Other cycles.
Certain bicycle parts.
Certain bicycle parts.
(2-Chloroethyl)phosphonic acid (Ethephon).
Preparations containing, 2-(1-(((3-chloro-2-propenyl)oxy)imino)propyl)–5(2-(ethylthio)propyl)–3-hydroxy-2-cyclohexene-1-one (Clethodim).
Urea, polymer with formaldehyde (pergopak).
Ortho nitroaniline.
2,2 -(2,5-thiophenediyl)bis(5-(1,1-dimethylethyl)benzoxazole).
Certain chemicals and chemical mixtures.
Acid Red 414.
Solvent Yellow 163.
4-Amino-3,6-bis[[5-[[4-chloro-6-[methyl[2-(methylamino)–2oxoethyl]amino]-1,3,5-triazin-2-yl]amino]-2-sulfophenyl]azo]-5-hydroxy2,7-naphthalenedisulfonic acid, lithium potassium sodium salt.
Reactive Red 123.
Reactive Blue 250.
Reactive Black 5.
5-[(2-Cyano-4-nitrophenyl)azo]-2-[[2-(2-hydroxyethoxy)ethyl]amino]-4methyl-6-(phenylamino)–3-pyridinecarbonitrile.
Cyano[3-[(6-methoxy-2-benzothiazolyl)amino]-1H-isoindol-1-ylidene]-acetic acid, pentyl ester.
[(9,10-Dihydro-9,10-dioxo-1,4-anthracenediyl)bis[imino[3-(2methylpropyl)–3,1-propanediyl]]]bisbenzenesulfonic acid, disodium salt.
[4-(2,6-Dihydro-2,6-dioxo-7-phenylbenzo[1,2-b:4,5-b′]difuran-3yl)phenoxy]-acetic acid, 2-ethoxyethyl ester.
3-Phenyl-7-(4-propoxyphenyl)-benzo[1,2-b:4,5-b′]difuran-2,6-dione.
2-[[[2, 5-Dichloro-4-[(2-methyl-1H-indol-3-yl)azo]phenyl]sulfonyl]amino]ethanesulfonic acid, monosodium salt.
2,7-Naphthalenedisulfonic acid, 5-[[4-chloro-6-[(3-sulfophenyl)amino]1,3,5-triazin-2-yl]amino]-4-hydroxy-3-[[4-[[2(sulfoxy)ethyl]sulfonyl]phenyl]azo]-, sodium salt.
7-[[2-[(Aminocarbonyl)amino]-4-[[4-[4-[2-[[4-[[3-[(aminocarbonyl) amino]4-[(3,6,8-trisulfo-2-naphthalenyl)azo]phenyl]amino]-6-chloro-1,3,5triazin-2-yl]amino]ethyl]1-piperazinyl]-6-chloro-1,3,5-triazin-2yl]amino]phenyl]azo]-1,3,6-naphthalenetrisulfonic acid, lithium potassium sodium salt.
4-[[3-(Acetylamino)phenyl]amino]-1-amino-9,10-dihydro-9,10-dioxo-2anthracenesulfonic acid, monosodium salt.
[4-[2,6-Dihydro-2,6-dioxo-7-(4-propoxyphenyl)benzo[1,2-b:4,5-b ]difuran-3yl]phenoxy]-acetic acid, 2-ethoxyethyl ester.
Basic Yellow 40 chloride based.
Direct Yellow 119.
Naugard 412s.
Triacetonamine.
Ipconazole.
Omite tech.
Pantera technical.
p-Toluenesulfonyl chloride.
Preformed pellets of a mixture of sodium iodide, thallium iodide, dysprosium tri-iodide, holmium tri-iodide, thulium tri-iodide, and sometimes
calcium iodide.
p-Aminobenzamide (4-aminobenzamide).
p-Chloroaniline.
4-Chloro-2-nitroaniline.
o-Chloro-p-toluidine (3-chloro-4-methylaniline).
2-Chloroacetoacetanilide.
p-Acetoacetanisidide.
1-Hydroxy-2-naphthoic acid.
Pigment Green 7 crude, not ready for use as a pigment.
1,8-Naphthalimide (1H-benz[de]isoquinoline-1,3(2H)-dione).
Diisopropyl succinate.
2,4-Di-tert-butyl-6-(5-chlorobenzotriazol-2-yl)phenol.
Direct Black 22.
Methylene bis-benzotriazolyl tetramethylbutylphenol.
Bis-ethylhexyloxyphenol methoxyphenol triazine.
Reactive Orange 132.

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PUBLIC LAW 109–432—DEC. 20, 2006

Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.

1418.
1419.
1420.
1421.
1422.
1423.
1424.
1425.
1426.
1427.

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1428.
1429.
1430.
1431.
1432.
1433.
1434.
1435.
1436.
1437.
1438.
1439.
1440.
1441.
1442.
1443.

Sec. 1444.
Sec. 1445.
Sec.
Sec.
Sec.
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Sec.
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Sec.
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1446.
1447.
1448.
1449.
1450.
1451.
1452.
1453.
1454.
1455.
1456.
1457.
1458.
1459.

Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.

1461.
1462.
1463.
1464.
1465.
1466.
1467.

Sec. 1468.
Sec. 1469.
Sec. 1470.
Sec. 1471.
Sec. 1472.
Sec. 1473.
Sec. 1474.
Sec. 1475.
Sec. 1476.

VerDate 14-DEC-2004

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Jkt 059139

Acid Black 244.
Certain cores used in remanufacture.
ADTP.
DCBTF.
Noviflumuron.
Parachlorobenzotrifluoride.
Mixtures of insecticide.
Mixture of fungicide.
1,2-Benzisothiazol-3(2H)-one.
Styrene, ar-ethyl-, polymer with divinylbenzene and styrene (6CI) beads
with low ash.
Mixtures of fungicide.
2-Methyl-4-chlorophenoxy-acetic acid, di-methylamine salt.
Charge control agent 7.
Pro-jet Black 820 liquid feed.
Pro-jet Magenta M700.
Pro-jet Fast Black 287 NA liquid feed.
Pro-jet Fast Black 286 stage.
Pro-jet Cyan 485 stage.
Pro-jet Black 661 liquid feed.
Pro-jet Black Cyan 854 liquid feed.
Erasers.
Artificial flowers.
Suspension system stabilizer bars.
Rattan webbing.
Tractor body parts.
AC electric motors of an output exceeding 74.6 W but not exceeding 85
W.
AC electric motors of an output exceeding 74.6 W but not exceeding 105
W.
AC electric motors of an output exceeding 74.6 W but not exceeding 95
W.
Certain AC electric motors.
Viscose rayon yarn.
Certain twisted yarn of viscose rayon.
Allyl ureido monomer.
Synthetic elastic staple fiber.
Certain fiberglass sheets.
Halophosphor calcium diphosphate.
Certain rayon staple fibers.
Synthetic quartz or fused silica photomask substrates.
Certain integrated machines for manufacturing pneumatic tires.
Tramway cars.
Certain artificial filament single yarn (other than sewingthread).
Certain electrical transformers rated at 25VA.
Certain electrical transformers rated at 40VA.
CHAPTER 2—REDUCTIONS
Floor coverings and mats of vulcanized rubber.
Manicure and pedicure sets.
Nitrocellulose.
Sulfentrazone technical.
Clock radio combos.
Thiamethoxam technical.
Staple fibers of viscose rayon, not carded, combed, or otherwise processed for spinning.
Certain men’s footwear covering the ankle with coated or laminated textile fabrics.
Certain footwear not covering the ankle with coated or laminated textile
fabrics.
Acrylic or modacrylic synthetic staple fibers, not carded, combed, or otherwise processed for spinning.
Certain women’s footwear.
Numerous other seals made of rubber or silicone, and covered with, or
reinforced with, a fabric material.
Tetrakis.
Glycine, N,N-bis[2-hydroxy-3-(2-propenyloxy)propyl]-, monosodium salt,
reaction
products
with
ammonium
hydroxide
and
pentafluoroiodoethane-tetrafluoroethylene telomer.
Diethyl ketone.
Acephate.

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PUBLIC LAW 109–432—DEC. 20, 2006
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.

1477.
1478.
1479.
1480.
1481.
1482.
1483.
1484.
1485.
1486.
1487.
1488.
1489.
1490.
1491.
1492.
1493.

120 STAT. 3069

Flumioxazin.
Garenoxacin mesylate.
Butylated hydroxyethylbenzene.
Certain automotive catalytic converter mats.
3,3′-Dichlorobenzidine dihydrochloride.
TMC114.
Biaxially oriented polypropylene dielectric film.
Biaxially oriented polyethylene terephthalate dielectric film.
Certain bicycle parts.
Certain bicycle parts.
Bifenthrin.
Reduced Vat 1.
4-Chlorobenzonitrile.
Nail clippers and nail files.
Electric automatic shower cleaners.
Mesotrione technical.
Certain crank-gear and other bicycle parts.

Subtitle B—Existing Suspensions and Reductions
Sec. 1501. Extensions of existing suspensions and other modifications.
Subtitle C—Effective Date
Sec. 1511. Effective date.
TITLE II—RELIQUIDATIONS
Sec. 2001. Reliquidation of certain entries of certain small diameter carbon and
alloy seamless standard, line and pressure pipe from Romania.
Sec. 2002. Certain entries of pasta.
Sec. 2003. Clarification of reliquidation provision.
Sec. 2004. Reliquidation of certain drawback claim.
Sec. 2005. Payment of interest on amounts owed pursuant to reliquidation of certain entries.
TITLE III—TECHNICAL CORRECTIONS AND OTHER PROVISIONS
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.

3001.
3002.
3003.
3004.
3005.
3006.
3007.

Subtitle A—Technical corrections
Amendments to the HTS.
Technical correction to the Tariff Act of 1930.
Amendments to the Pension Protection Act of 2006.
NMSBA.
Certain monochrome glass envelopes.
Flexible magnets and composite goods containing flexible magnets.
Cellar treatment of wine.

Subtitle B—Other Provisions
Sec. 3011. Consideration of certain civil actions delayed because of the terrorist attacks of September 11, 2001.
Sec. 3012. Effective date of modifications to the Harmonized Tariff Schedule.
TITLE IV—EXTENSION OF NONDISCRIMINATORY TREATMENT (NORMAL
TRADE RELATIONS TREATMENT) TO THE PRODUCTS OF VIETNAM
Sec. 4001. Findings.
Sec. 4002. Termination of application of title IV of the Trade Act of 1974 to Vietnam.
Sec. 4003. Procedure for determining prohibited subsidies by Vietnam.
Sec. 4004. Consultations upon initiation of investigation.
Sec. 4005. Public participation and consultation.
Sec. 4006. Arbitration and imposition of quotas.
Sec. 4007. Definitions.
TITLE V—HAITI
Short title.
Trade benefits for Haiti.
ITC study.
Sense of Congress on interpretation of textile and apparel provisions for
Haiti.
Sec. 5005. Technical amendments.
Sec. 5006. Effective date.
Sec.
Sec.
Sec.
Sec.

5001.
5002.
5003.
5004.

TITLE VI—AFRICAN GROWTH AND OPPORTUNITY ACT
Sec. 6001. Short title.

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PUBLIC LAW 109–432—DEC. 20, 2006

Sec. 6002. Preferential treatment of apparel products of lesser developed countries.
Sec. 6003. Technical corrections.
Sec. 6004. Effective date for AGOA.
TITLE VII—ANDEAN TRADE PREFERENCE ACT
Sec. 7001. Short title.
Sec. 7002. ATPA extension.
Sec. 7003. Technical amendments.
TITLE VIII—GENERALIZED SYSTEM OF PREFERENCES (GSP) PROGRAM
Sec. 8001. Limitations on waivers of competitive need limitation.
Sec. 8002. Extension of GSP program.

TITLE I—TARIFF PROVISIONS
SEC. 1001. REFERENCE; EXPIRED PROVISIONS.

(a) REFERENCE.—Except as otherwise expressly provided, whenever in this title, title II, and title III an amendment or repeal
is expressed in terms of an amendment to, or repeal of, a chapter,
subchapter, note, additional U.S. note, heading, subheading, or
other provision, the reference shall be considered to be made to
a chapter, subchapter, note, additional U.S. note, heading, subheading, or other provision of the Harmonized Tariff Schedule of
the United States (19 U.S.C. 3007).
(b) EXPIRED PROVISIONS.—Subchapter II of chapter 99 is
amended by striking the following headings:

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PUBLIC LAW 109–432—DEC. 20, 2006

9902.05.34
9902.06.01
9902.06.62
9902.08.10
9902.19.80
9902.20.05
9902.21.06
9902.21.42
9902.26.11
9902.28.40
9902.28.94
9902.29.01
9902.29.04
9902.29.05
9902.29.06 (relating to racemic dl-menthol)
9902.29.13
9902.29.14
9902.29.27
9902.29.30
9902.29.31
9902.29.33
9902.29.39
9902.29.40
9902.29.41
9902.29.42
9902.29.47
9902.29.56
9902.29.63
9902.29.68
9902.29.69
9902.29.75
9902.29.76
9902.29.78
9902.29.79
9902.29.84
9902.29.85
9902.29.86
9902.29.88
9902.29.92
9902.29.94
9902.29.96
9902.29.97
9902.29.99
9902.30.08
9902.30.11
9902.30.13
9902.30.46
9902.32.05
9902.32.06
9902.32.09
9902.32.10
9902.32.15
9902.32.17

120 STAT. 3071

9902.32.20
9902.32.23
9902.32.24
9902.32.25
9902.32.44 (relating to CAS No. 201932–24–3)
9902.32.44 (relating to CAS No. 186537–30–4)
9902.32.46
9902.32.50
9902.32.53
9902.32.58
9902.32.59
9902.32.60
9902.32.64
9902.32.65
9902.32.66
9902.32.67
9902.32.80
9902.32.81
9902.32.84
9902.32.86
9902.32.88
9902.32.96
9902.32.98
9902.37.01
9902.37.02
9902.38.00
9902.38.01
9902.38.02
9902.38.03
9902.38.13
9902.38.20
9902.38.22
9902.38.24
9902.38.29
9902.38.30
9902.38.50
9902.38.51
9902.38.53
9902.39.07
9902.39.31
9902.39.32
9902.52.01
9902.52.03
9902.70.01
9902.84.00
9902.84.16
9902.84.19
9902.84.30
9902.84.40
9902.84.70
9902.85.00
9902.90.20
9902.98.07

Subtitle A—New Duty Suspensions and
Reductions
CHAPTER 1—NEW DUTY SUSPENSIONS
SEC. 1111. DIETHYL SULFATE.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

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120 STAT. 3072
‘‘

PUBLIC LAW 109–432—DEC. 20, 2006
9902.22.01

Diethyl sulfate
(CAS No. 64–67–5)
(provided for in
subheading
2920.90.50) .............

Free

No change

No change

On or before 12/31/
2009

’’.

SEC. 1112. SORAFENIB.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
‘‘

9902.22.02

4-(4-{3-[4-Chloro-3(trifluoromethyl)
phenyl]ureido}phenoxy)N-2-methylpyridine2-carboxamide 4methylbenzenesulfonate (Sorafenib
tosylate) (CAS No.
475207–59–1) (provided for in subheading 2933.39.41)

Free

No change

No change

On or before 12/31/
2009

’’.

SEC. 1113. PROHEXADIONE CALCIUM.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
‘‘

9902.22.03

Prohexadione calcium (calcium 3oxido-5-oxo-4propionylcyclohexa3-enecarboxylate)
(CAS No. 127277–
53–6) (provided for
in subheading
2918.30.90) .............

Free

No change

No change

On or before 12/31/
2009

’’.

SEC. 1114. METHYL METHOXYACETATE.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
‘‘

9902.22.04

Methyl
methoxyacetate
(CAS No. 6290–49–
9) (provided for in
subheading
2918.90.50) .............

Free

No change

No change

On or before 12/31/
2009

’’.

SEC. 1115. METHOXYACETIC ACID.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

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PUBLIC LAW 109–432—DEC. 20, 2006
‘‘

9902.22.05

Methoxyacetic acid
(CAS No. 625–45–6)
(provided for in
subheading
2918.90.50) .............

Free

No change

No change

120 STAT. 3073

On or before 12/31/
2009

’’.

SEC. 1116. N-METHYLPIPERIDINE.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
‘‘

9902.22.06

N-Methylpiperidine
(CAS No. 626–67–5)
(provided for in
subheading
2933.39.61) .............

Free

No change

No change

On or before 12/31/
2009

’’.

SEC. 1117. QUINCLORAC TECHNICAL.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
‘‘

9902.22.07

3,7Dichloroquinoline-8carboxylic acid
(Quinclorac) (CAS
No. 84087–01–4)
(provided for in
subheading
2933.49.30) .............

Free

No change

No change

On or before 12/31/
2009

’’.

SEC. 1118. PYRIDABEN.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
‘‘

9902.22.08

2-Tert-butyl-5-(4tertbutylbenzylthio)-4chloropyridazin3(2H)-one
(Pyridaben) (CAS
No. 96489–71–3)
(provided for in
subheading
2933.99.22) .............

Free

No change

No change

On or before 12/31/
2009

’’.

SEC. 1119. CERTAIN RUBBER OR PLASTIC FOOTWEAR.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

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120 STAT. 3074
‘‘

PUBLIC LAW 109–432—DEC. 20, 2006
9902.22.09

Footwear for persons other than
women, with outer
soles of leather or
composition leather
and with uppers of
textile materials
(provided for in
subheading
6404.20.60) .............

Free

No change

No change

On or before 12/31/
2009

’’.

SEC. 1120. SODIUM ORTHO-PHENYLPHENOL.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
‘‘

9902.22.10

2-Phenylphenol sodium salt (CAS No.
132–27–4) (provided
for in subheading
2907.19.80) .............

Free

No change

No change

On or before 12/31/
2009

’’.

SEC. 1121. CERTAIN CHEMICAL.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
‘‘

9902.22.11

Adsorbent resin
comprised of a
macroporous polymer of
diethenylbenzene
(CAS No. 9003–69–
4) (provided for in
subheading
3911.90.90) .............

Free

No change

No change

On or before 12/31/
2009

’’.

SEC. 1122. BAYPURE CX.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
‘‘

9902.22.12

Iminodisuccinic
acid, triammonium
salt, in aqueous solutions (CAS No.
415719–09–04)
(provided for in
subheading
2922.49.80) .............

Free

No change

No change

On or before 12/31/
2009

’’.

SEC. 1123. ISOEICOSANE.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

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PUBLIC LAW 109–432—DEC. 20, 2006
‘‘

9902.22.13

Isoeicosane (CAS
No. 93685–79–1)
(provided for in
subheading
2710.19.90) .............

Free

No change

No change

120 STAT. 3075

On or before 12/31/
2009

’’.

SEC. 1124. ISODODECANE.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
‘‘

9902.22.14

Isododecane (CAS
No. 31807–55–3)
(provided for in
subheading
2710.11.90) .............

Free

No change

No change

On or before 12/31/
2009

’’.

SEC. 1125. ISOHEXADECANE.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
‘‘

9902.22.15

Isohexadecane (CAS
No. 60908–77–2)
(provided for in
subheading
2710.19.90) .............

Free

No change

No change

On or before 12/31/
2009

’’.

SEC. 1126. AMINOGUANIDINE BICARBONATE.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
‘‘

9902.22.16

Aminoguanidine bicarbonate (CAS No.
2582–30–1) (provided for in subheading 2928.00.50)

Free

No change

No change

On or before 12/31/
2009

’’.

SEC. 1127. O-CHLOROTOLUENE.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new headings:
‘‘

9902.22.17

9902.22.18

VerDate 14-DEC-2004

10:22 Jan 29, 2007

2-Chlorotoluene
(CAS No. 95–49–8)
(provided for in
subheading
2903.69.80) .............

Free

No change

No change

On or before 12/31/
2009

Chloromethylbenzene (CAS No. 25168–
05–2) (provided for
in subheading
2903.69.80) .............

Free

No change

No change

On or before 12/31/
2009

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120 STAT. 3076

PUBLIC LAW 109–432—DEC. 20, 2006

SEC. 1128. BAYDERM BOTTOM DLV-N.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
‘‘

9902.22.19

Aqueous polyurethane dispersions containing 38
percent to 42 percent solids content of propanoic
acid, 3-hydroxy-2(hydroxymethyl)-2-methyl,polymer with 2-[(2aminoethyl)amino]ethanesulfonic
acid monosodium salt, 1,6diisocyanatohexane, dimethyl carbonate, 1,2ethanediamine, 1,6hexanediol, hydrazine,
and α- hydro-ωhydroxypoly[oxy(methyl1,2-ethanediyl)], polyethylene-polypropylene
glycol monobutyl ether
blocked (CAS No. 841251–
36–3) (provided for in subheading 3909.50.50) .........

Free

No change

No change

On or before
12/31/2009

’’.

SEC. 1129. 2,3-DICHLORONITROBENZENE.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
‘‘

9902.22.20

2,3Dichloronitrobenzene (CAS No. 3209–
22–1) (provided for
in subheading
2904.90.47) .............

Free

No change

No change

On or before 12/31/
2009

’’.

SEC. 1130. 1-METHOXY-2-PROPANOL.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
‘‘

9902.22.21

1-Methoxy-2-propanol (CAS No.
107–98–2) (provided
for in subheading
2909.49.60) .............

Free

No change

No change

On or before 12/31/
2009

’’.

SEC. 1131. BASIC RED 1 DYE.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
‘‘

VerDate 14-DEC-2004

10:22 Jan 29, 2007

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9902.22.22

PO 00432

Basic Red 1 (CAS
No. 989–38–8) (provided for in subheading 3204.13.80)

Frm 00156

Fmt 6580

Free

Sfmt 6581

No change

No change

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On or before 12/31/
2009

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PUBLIC LAW 109–432—DEC. 20, 2006

120 STAT. 3077

SEC. 1132. BASIC RED 1:1 DYE.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
‘‘

9902.22.23

Basic Red 1:1 (CAS
No. 3068–39–1)
(provided for in
subheading
3204.13.80) .............

Free

No change

No change

On or before 12/31/
2009

’’.

SEC. 1133. BASIC VIOLET 11 DYE.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
‘‘

9902.22.24

Basic Violet 11
(CAS No. 2390–63–
8) (provided for in
subheading
3204.13.80) .............

Free

No change

No change

On or before 12/31/
2009

’’.

SEC. 1134. BASIC VIOLET 11:1 DYE.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
‘‘

9902.22.25

Basic Violet 11:1
(CAS No. 39393–
39–0) (provided for
in subheading
3204.13.80) .............

Free

No change

No change

On or before 12/31/
2009

’’.

SEC. 1135. N-CYCLOHEXYLTHIOPHTHALIMIDE.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
‘‘

9902.22.26

NCyclohexylthiophthalimide (CAS No.
17796–82–6) (provided for in subheading 2930.90.24)

Free

No change

No change

On or before 12/31/
2009

’’.

SEC. 1136. 4,4′-DITHIODIMORPHOLINE.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
‘‘

VerDate 14-DEC-2004

9902.22.27

10:22 Jan 29, 2007

4,4′Dithiodimorpholine
(CAS No. 103–34–4)
(provided for in
subheading
2930.90.90) .............

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Frm 00157

No change

Fmt 6580

No change

Sfmt 6581

On or before 12/31/
2009

E:\PUBLAW\PUBL432.109

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120 STAT. 3078

PUBLIC LAW 109–432—DEC. 20, 2006

SEC. 1137. TETRAETHYLTHIURAM DISULFIDE.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
‘‘

9902.22.28

Tetraethylthiuram
disulfide (CAS No.
97–77–8) (provided
for in subheading
2930.30.60) .............

Free

No change

No change

On or before 12/31/
2009

’’.

SEC. 1138. CERTAIN TETRAMETHYLTHIURAM DISULFIDE.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
‘‘

9902.22.29

Tetramethylthiuram disulfide (CAS
No. 137–26–8) (provided for in subheading 2930.30.60)

Free

No change

No change

On or before 12/31/
2009

’’.

SEC. 1139. CERTAIN AEROSOL VALVES.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
‘‘

9902.22.30

Aerosol valves designed to deliver a
metered dose (50
microliters) of a
pressurized liquid
pharmaceutical
product, having a
mounting cup with
inside diameter of
20.1 mm and height
(skirt to shoulder)
of 7.49 mm with a
stem outside diameter of 2.79 mm,
with such components of stainless
steel and buna rubber and with a retaining cup of aluminum (provided
for in subheading
8481.80.30) .............

Free

No change

No change

On or before 12/31/
2009

’’.

SEC. 1140. 4-METHYL-5-N-PROPOXY-2,4-DIHYDRO-1,2,4-TRIAZOL-3-ONE.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

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PUBLIC LAW 109–432—DEC. 20, 2006
‘‘

9902.22.31

4-Methyl-5-npropoxy-2,4dihydro-1,2,4triazol-3-one (CAS
No. 145027–96–9)
(provided for in
subheading
2933.99.97) .............

Free

No change

No change

120 STAT. 3079

On or before 12/31/
2009

’’.

SEC. 1141. ETHOXYQUIN.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
‘‘

9902.22.32

Ethoxyquin (1,2dihydro-6-ethoxy2,2,4trimethylquinoline)
(CAS No. 91–53–2)
(provided for in
subheading
2933.49.10) .............

Free

No change

No change

On or before 12/31/
2009

’’.

SEC. 1142. TRICHOLOROBENZENE.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
‘‘

9902.22.33

1,2,4Trichlorobenzene
(CAS No. 120–82–1)
(provided for in
subheading
2903.69.10) .............

Free

No change

No change

On or before 12/31/
2009

’’.

SEC. 1143. BENZOIC ACID, 3,4,5-TRIHYDROXY-, PROPYL ESTER.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
‘‘

9902.22.34

Benzoic acid, 3,4,5trihydroxy-, propyl
ester (CAS No.
121–79–9) (propyl
gallate) (provided
for in subheading
2918.29.75) .............

Free

No change

No change

On or before 12/31/
2009

’’.

SEC. 1144. 2-CYANOPYRIDINE.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

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120 STAT. 3080
‘‘

PUBLIC LAW 109–432—DEC. 20, 2006
9902.22.35

2-Cyanopyridine
(CAS No. 100–70–9)
(provided for in
subheading
2933.39.91) .............

Free

No change

No change

On or before 12/31/
2009

’’.

SEC. 1145. MIXED XYLIDINES.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘

9902.22.36

Mixed xylidines (CAS No. 1300–73–8)
(provided
for
in
subheading
2921.49.50) .............................................

Free

No change

No change

On or before
12/31/2009

’’.

SEC. 1146. CERTAIN RECEPTION APPARATUS NOT CONTAINING A
CLOCK OR CLOCK TIMER, INCORPORATING ONLY AM
RADIO.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
‘‘

9902.22.37

Radiobroadcast receivers capable of
operating without
an external source
of power, not containing a clock or
clock timer in the
same housing, each
containing only an
AM radiobroadcast
receiver (provided
for in subheading
8527.19.50) .............

Free

No change

No change

On or before 12/31/
2009

’’.

SEC. 1147. PIGMENT YELLOW 219.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
‘‘

9902.22.38

Pigment Yellow 219
(CAS No. 347174–
87–2) (provided for
in subheading
3204.17.60) .............

Free

No change

No change

On or before 12/31/
2009

’’.

SEC. 1148. PIGMENT BLUE 80.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

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PUBLIC LAW 109–432—DEC. 20, 2006
‘‘

9902.22.39

SEC.

1149.

Pigment Blue 80
(CAS No. 391663–
82–4) (provided for
in subheading
3204.17.60) .............

Free

No change

No change

120 STAT. 3081

On or before 12/31/
2009

’’.

1-OXA-3, 20-DIAZADISPIRO-[5.1.11.2]-HENEICOSAN-21-ONE,
2,2,4,4-TETRAMETHYL-,HYDROCHLORIDE,
REACTION
PRODUCTS WITH EPICHLOROHYDRIN, HYDROLYZED,
POLYMERIZED.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
‘‘

9902.22.40

1-Oxa-3,20-diazadispiro[5.1.11.2]-heneicosan-21one,2,2,4,4-tetramethyl,hydrochloride, reaction
products with
epichlorohydrin,
hydrolyzed, polymerized
(CAS No. 202483–55–4)
(provided for in subheading 3911.90.25) .........

Free

No change

No change

On or before
12/31/2009

’’.

SEC. 1150. ISOBUTYL PARAHYDROXYBENZOIC ACID AND ITS SODIUM
SALT.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘

9902.22.41

Isobutyl 4-hydroxybenzoate (CAS
No. 4247–02–3) and its sodium salt
(CAS No. 84930–15–4) (provided
for in subheading 2918.29.65) ........

Free

No change

No change

On or before
12/31/2009

’’.

SEC. 1151. PHOSPHINIC ACID, DIETHYL-, ALUMINUM SALT.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
‘‘

9902.22.42

Phosphinic acid, diethyl-,
aluminum salt (CAS No.
225789–38–8) (provided
for in subheading
2931.00.90) ........................

Free

No change

No change

On or before
12/31/2009

’’.

SEC. 1152. EXOLIT OP 1312.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

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120 STAT. 3082
‘‘

PUBLIC LAW 109–432—DEC. 20, 2006
9902.22.43

Phosphinic acid,
diethyl-, aluminum
salt (CAS No.
225789–38–8) with
synergists and encapsulating agents
(provided for in
subheading
3824.90.91) .............

Free

No change

No change

On or before 12/31/
2009

’’.

SEC. 1153. SODIUM HYPOPHOSPHITE.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
‘‘

9902.22.44

Sodium
hypophosphite
monohydrate (CAS
No. 10039–56–2)
(provided for in
subheading
2835.10.00) .............

Free

No change

No change

On or before 12/31/
2009

’’.

SEC. 1154. CYANURIC CHLORIDE.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
‘‘

9902.22.45

Cyanuric chloride
(CAS No. 108–77–0)
(provided for in
subheading
2933.69.60) .............

Free

No change

No change

On or before 12/31/
2009

’’.

SEC. 1155. CERTAIN LEATHER FOOTWEAR FOR PERSONS OTHER THAN
MEN OR WOMEN.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
‘‘

9902.22.46

Other footwear with
uppers of leather or
composition leather,
for persons other
than for men or
women (provided
for in subheading
6405.10.00) .............

Free

No change

No change

On or before 12/31/
2009

’’.

SEC. 1156. CERTAIN OTHER WORK FOOTWEAR.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

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PUBLIC LAW 109–432—DEC. 20, 2006
‘‘

9902.22.47

Other work footwear for women,
with outer soles
and uppers of rubber or plastics,
other than house
slippers and other
than tennis shoes,
basketball shoes,
gym shoes, training
shoes and the like
(provided for in
subheading
6402.99.18) .............

Free

No change

No change

120 STAT. 3083

On or before 12/31/
2009

’’.

SEC. 1157. CERTAIN TURN OR TURNED FOOTWEAR.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
‘‘

9902.22.48

Turn or turned footwear with outer
soles of leather and
uppers of leather,
other than for men
or women (provided
for in subheading
6403.59.15) .............

Free

No change

No change

On or before 12/31/
2009

’’.

SEC. 1158. CERTAIN WORK FOOTWEAR WITH OUTER SOLES OF
LEATHER.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
‘‘

9902.22.49

Footwear with
outer soles of leather and uppers of
leather, covering
the ankle, other
than for women
(provided for in
subheading
6403.51.90) .............

Free

No change

No change

On or before 12/31/
2009

’’.

SEC. 1159. CERTAIN FOOTWEAR WITH OUTER SOLES OF RUBBER OR
PLASTICS AND WITH OPEN TOES OR HEELS.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

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120 STAT. 3084
‘‘

PUBLIC LAW 109–432—DEC. 20, 2006
9902.22.50

Footwear with
outer soles of rubber or plastics and
uppers of textile
materials other
than of vegetable fibers, with open toes
or open heels, the
foregoing other
than house slippers
and other than footwear for women
(provided for in
subheading
6404.19.30) .............

Free

No change

No change

On or before 12/31/
2009

’’.

SEC. 1160. CERTAIN ATHLETIC FOOTWEAR.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
‘‘

9902.22.51

Footwear with
outer soles of leather or composition
leather and uppers
of textile materials,
valued over $2.50
per pair, the foregoing other than for
men or women (provided for in subheading 6404.20.40)

Free

No change

No change

On or before 12/31/
2009

’’.

SEC. 1161. CERTAIN WORK FOOTWEAR.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
‘‘

9902.22.52

Work footwear with
outer soles of rubber, plastics, leather or composition
leather and uppers
of leather, not covering the ankle
(provided for in
subheading
6403.99.60 or
6403.99.90) .............

Free

No change

No change

On or before 12/31/
2009

’’.

SEC. 1162. CERTAIN FOOTWEAR.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

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PUBLIC LAW 109–432—DEC. 20, 2006
‘‘

9902.22.53

Footwear with
outer soles and uppers of rubber or
plastics, incorporating a protective metal toecap,
having uppers of
which over 90 percent of the external
surface area (including any accessories or reinforcements such as those
mentioned in note
4(a) to chapter 64)
is rubber or plastics
(provided for in
subheading
6402.30.30) .............

Free

No change

No change

120 STAT. 3085

On or before 12/31/
2009

’’.

SEC. 1163. 1-NAPHTHYL METHYLCARBAMATE.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘

9902.22.54

1-Naphthyl
methylcarbamate
(Carbaryl) (CAS No. 63-25-2) (provided
for in subheading 2924.29.47) ..............

Free

No change

No change

On or before
12/31/2009

’’.

SEC. 1164. CERTAIN 16-INCH VARIABLE SPEED SCROLL SAW MACHINES.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘

9902.22.55

Variable speed scroll sawing machines
each having a throat depth of approximately 406 mm, new (provided for in
subheading 8465.91.00) .........................

Free

No change

No change

On or before
12/31/2009

’’.

SEC. 1165. 3,4-DIMETHOXYBENZALDEHYDE.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘

9902.22.56

3,4-Dimethoxybenzaldehyde (CAS No.
120–14–9) (provided for in subheading
2912.49.25) .............................................

Free

No change

No change

On or before
12/31/2009

’’.

SEC. 1166. 2-AMINOTHIOPHENOL.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

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120 STAT. 3086

‘‘

PUBLIC LAW 109–432—DEC. 20, 2006

9902.22.57

2-Aminothiophenol (CAS No. 137–07–
5) (provided for in subheading
2930.90.29) .............................................

Free

No change

No change

On or before
12/31/2009

’’.

SEC. 1167. SOLVENT RED 227.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘

9902.22.58

Solvent Red 227 (CI 60510) (provided
for in subheading 3204.19.25) ..............

Free

No change

No change

On or before
12/31/2009

’’.

SEC. 1168. MIXTURES OF FORMALDEHYDE POLYMER AND TOLUENE.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘

9902.22.59

SEC.

1169.

Formaldehyde, polymer with toluene
(CAS No. 25155–81–1) (provided for in
subheading 3911.90.25) .........................

Free

No change

No change

On or before
12/31/2009

’’.

1,2-BIS(3-AMINOPROPYL)ETHYLENEDIAMINE, POLYMER
WITH N-BUTYL-2,2,6,6-TETRAMETHYL-4-PIPERIDINAMINE
AND 2,4,6-TRICHLORO-1,3,5-TRIAZINE.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘

9902.22.60

1,2-Bis(3aminopropyl)ethylenediamine, polymer
with
N-butyl-2,2,6,6-tetramethyl-4piperidinamine and 2,4,6-trichloro1,3,5-triazine (CAS No. 136504–96–6)
(provided
for
in
subheading
3812.30.60) .............................................

Free

No change

No change

On or before
12/31/2009

’’.

SEC. 1170. MIXTURE OF BARIUM CARBONATE, STRONTIUM CARBONATE,
CALCIUM
CARBONATE,
1-METHOXY-2PROPANANOL ACETATE, FOR USE AS EMITTER SUSPENSION CATHODE COATING.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
‘‘

VerDate 14-DEC-2004

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PO 00432

A mixture of barium carbonate, strontium carbonate, calcium carbonate,
and 1-methoxy-2-propanol
acetate, for use as emitter
suspension cathode coating (CAS Nos. 513–77–9,
1633–05–2, 471–34–1, and
108–65–6) (provided for in
subheading 3824.90.91) ....

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12/31/2009

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PUBLIC LAW 109–432—DEC. 20, 2006

120 STAT. 3087

SEC. 1171. RESIN CEMENT.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
‘‘

9902.22.62

Resin cement based on
calcium carbonate and silicone resins (CAS Nos.
471–34–1 and 68037–83–
2) (provided for in subheading 3214.10.00) .........

Free

No change

No change

On or before
12/31/2009

’’.

SEC. 1172. PHOSPHOR YOX, YTTRIUM OXIDE PHOSPHOR, ACTIVATED
BY EUROPIUM.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
‘‘

9902.22.63

Yttrium oxide phosphor,
activated by europium of
a kind used as a
luminophore (CAS No.
68585–82–0) (provided for
in subheading 3206.50.00)

Free

No change

No change

On or before
12/31/2009

’’.

SEC. 1173. PHOSPHOR-BAG-BARIUM MAGNESIUM ALUMINATE PHOSPHOR.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
‘‘

9902.22.64

Compound of barium
magnesium aluminate
phosphor, activated by europium or manganese, of
a kind used as
luminophores (CAS Nos.
63774–55–0 and 1308–96–
9) (provided for in subheading 3206.50.00) .........

Free

No change

No change

On or before
12/31/2009

’’.

SEC. 1174. YTTRIUM VANADATE PHOSPHOR.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
‘‘

9902.22.65

Yttrium vanadate phosphor, of a kind used as a
luminophore (CAS No.
6874–82–7) (provided for
in subheading 3206.50.00)

Free

No change

No change

On or before
12/31/2009

’’.

SEC. 1175. PHOSPHOR SCAP STRONTIUM CHLOROAPATITE-EUROPIUM.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
‘‘

VerDate 14-DEC-2004

9902.22.66

10:22 Jan 29, 2007

Compound of strontium
chloroapatite-europium, of
a kind used as a
luminophore (CAS No.
68784–77–0) (provided for
in subheading 3206.50.00)

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120 STAT. 3088

PUBLIC LAW 109–432—DEC. 20, 2006

SEC. 1176. PHOSPHOR ZINC SILICATE.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
‘‘

9902.22.67

Phosphor of zinc silicate,
of a kind used as a
luminophore (CAS No.
68611–47–2) (provided for
in subheading 3206.50.00)

Free

No change

No change

On or before
12/31/2009

’’.

SEC. 1177. STRONTIUM MAGNESIUM PHOSPHATE-TIN DOPED.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
‘‘

9902.22.68

Strontium magnesium
phosphate-tin doped inorganic products of a kind
used as luminophores
(CAS Nos. 1314–11–0,
1314–56–3, 1309–48–4,
and 18282–10–5) (provided for in subheading
3206.50.00) ........................

Free

No change

No change

On or before
12/31/2009

’’.

SEC. 1178. PHOSPHOR-YOF FLU PDR YOX; YTTRIUM OXIDE PHOSPHOR,
ACTIVATED BY EUROPIUM.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
‘‘

9902.22.69

Yttrium oxide phosphor,
activated by europium
used as a luminophore
(CAS No. 68585–82–0)
(provided for in subheading 3206.50.00) .........

Free

No change

No change

On or before
12/31/2009

’’.

SEC. 1179. CALCIUM CHLORIDE PHOSPHATE PHOSPHOR.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
‘‘

9902.22.70

Calcium chloride phosphate phosphor activated
by manganese and antimony used as a
luminophore (CAS No.
75535–31–8) (provided for
in subheading 3206.50.00)

Free

No change

No change

On or before
12/31/2009

’’.

SEC. 1180. CERAMIC FRIT POWDER.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

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PUBLIC LAW 109–432—DEC. 20, 2006

‘‘

9902.22.71

A mixture of aluminum
oxide, calcium oxide, barium oxide, magnesium
oxide, boron oxide,
butylmethacrylate resin
and C.I. Solvent Red 24
used in the manufacture
of ceramic arc tubes (CAS
Nos. 1344–28–1, 1305–78–
8, 1304–28–5, 1309–48–4,
1303–86–2, 9003–63–8,
and 85–83–6) (provided
for in subheading
3824.90.91) ........................

Free

No change

No change

120 STAT. 3089

On or before
12/31/2009

’’.

SEC. 1181. PHOSPHOR LITE WHITE AND PHOSPHOR BLUE HALO.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
‘‘

9902.22.72

Calcium chloride phosphate phosphor used as a
luminophore (CAS No.
75535–31–8) (provided for
in subheading 3206.50.00)

Free

No change

No change

On or before
12/31/2009

’’.

SEC. 1182. PHOSPHOR-SCA, STRONTIUM HALOPHOSPHATE DOPED
WITH EUROPIUM.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
‘‘

9902.22.73

SEC.

1183.

Strontium halophosphate
doped with europium used
as a luminophore (CAS
Nos. 109037–74–3 and
1312–81–8) (provided for
in subheading 3206.50.00)

Free

No change

No change

On or before
12/31/2009

’’.

PHOSPHOR-COOL WHITE SMALL PARTICLE CALCIUM
HALOPHOSPHATE PHOSPHOR ACTIVATED BY MANGANESE AND ANTIMONY.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
‘‘

9902.22.74

Small particle calcium
chloride phosphate phosphor activated by manganese and antimony used
as a luminophore (CAS
No. 75535–31–8) (provided for in subheading
3206.50.00) ........................

Free

No change

No change

On or before
12/31/2009

’’.

SEC. 1184. PHOSPHOR LAP LANTHANUM PHOSPHATE PHOSPHOR, ACTIVATED BY CERIUM AND TERBIUM.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

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120 STAT. 3090

‘‘

PUBLIC LAW 109–432—DEC. 20, 2006

9902.22.75

Lanthanum phosphate
phosphor, activated by cerium and terbium, inorganic used as
luminophores (CAS Nos.
13778–59–1, 13454–71–2,
and 13863–48–4 or
95823–34–0) (provided for
in subheading 3206.50.00)

Free

No change

No change

On or before
12/31/2009

’’.

SEC. 1185. KASHMIR.

(a) IN GENERAL.—Subchapter II of chapter 99 is amended by
inserting in numerical sequence the following new headings:
‘‘

‘‘

9902.22.76

9902.22.77

Fine animal
hair of Kashmir (cashmere) goats,
not processed in any
manner beyond the
degreased or
carbonized
condition
(provided for
in subheading
5102.11.10) ..

Free

No change

No change

On or before
12/31/2009

Fine animal
hair of Kashmir (cashmere) goats
(provided for
in subheading
5102.11.90) ..

Free

No change

No change

On or before
12/31/2009

’’.

(b) CONFORMING AMENDMENT.—Subchapter II of chapter 99
is amended by striking headings 9902.51.15 (relating to articles
provided for in subheading 5102.11.10) and 9902.51.16 (relating
to articles provided for in subheading 5102.11.90).
SEC. 1186. CERTAIN ARTICLES OF PLATINUM.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘

9902.22.78

Spheres of platinum, containing approximately 18 percent by weight of
iridium, of a kind used in manufacturing electrodes for spark plugs (provided for in subheading 7115.90.60) ....

Free

No change

No change

On or before
12/31/2009

’’.

SEC. 1187. NICKEL ALLOY WIRE.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

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PUBLIC LAW 109–432—DEC. 20, 2006

‘‘

9902.22.79

Cold-formed wire of nickel alloys containing 0.09 percent or more but not
more than 1.6 percent by weight of silicon, certified by the importer to be
used in the manufacture of spark plug
electrodes, the foregoing either round
wire measuring 1.7 mm or more but
not over 4.9 mm in cross-sectional diameter or flat wire of rectangular
cross section measuring 0.9 mm or
more but not over 2.2 mm in thickness
and 1.7 mm or more but not over 3.3
mm in width (provided for in subheading 7505.22.10) ...............................

Free

No change

No change

120 STAT. 3091

On or before
12/31/2009

’’.

SEC. 1188. TITANIUM MONONITRIDE.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘

9902.22.80

Titanium mononitride (CAS No.
25583–20–4) (provided for in subheading 2850.00.07) ...............................

Free

No change

No change

On or before
12/31/2009

’’.

SEC. 1189. HIGH ACCURACY, METAL, MARINE SEXTANTS, USED FOR
NAVIGATING BY CELESTIAL BODIES.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘

9902.22.81

Marine sextants of metal, designed for
use in navigating by celestial bodies
(provided
for
in
subheading
9014.80.10) .............................................

Free

No change

No change

On or before
12/31/2009

’’.

SEC. 1190. ELECTRICALLY OPERATED PENCIL SHARPENERS.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
‘‘

9902.22.82

Electrically operated pencil sharpeners (provided
for in subheading
8472.90.40) ........................

Free

No change

No change

On or before
12/31/2009

’’.

SEC. 1191. VALVE ASSEMBLIES (VACUUM RELIEF).

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘

VerDate 14-DEC-2004

9902.22.83

10:22 Jan 29, 2007

Pedestal assemblies for vacuum relief
valves, designed for use in aircraft
(provided
for
in
subheading
8481.40.00) .............................................

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On or before
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120 STAT. 3092

PUBLIC LAW 109–432—DEC. 20, 2006

SEC. 1192. SEALS, AERODYNAMIC, FIREPROOF.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘

9902.22.84

Seals of polyester fabric bonded over a
silicone core, designed for use in airplanes (provided for in subheading
3926.90.00 or 5911.90.00) .....................

Free

No change

No change

On or before
12/31/2009

’’.

SEC. 1193. WING ILLUMINATION LIGHTS.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘

9902.22.85

Wing illumination lights, designed for
use on airplanes (provided for in subheading 9405.60.40) ...............................

Free

No change

No change

On or before
12/31/2009

’’.

SEC. 1194. EXTERIOR EMERGENCY LIGHTS.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘

9902.22.86

Exterior emergency lights, designed
for use on airplanes (provided for in
subheading 9405.60.40) .........................

Free

No change

No change

On or before
12/31/2009

’’.

SEC. 1195. MAGNESIUM PEROXIDE.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
‘‘

9902.22.87

Magnesium peroxide, minimum 25 percent purity
(CAS No. 1335–26–8)
(provided for in subheading 2816.10.00) .........

Free

No change

No change

On or before
12/31/2009

’’.

SEC. 1196. CERTAIN FOOTWEAR OTHER THAN FOR MEN.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
‘‘

9902.22.88

Footwear, other than for
men, with outer soles of
leather or composition
leather and uppers of textile materials, valued not
over $2.50 per pair (provided for in subheading
6404.20.20) ........................

Free

No change

No change

On or before
12/31/2009

’’.

SEC. 1197. GRASS SHEARS WITH ROTATING BLADE.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

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PUBLIC LAW 109–432—DEC. 20, 2006

‘‘

9902.22.89

Grass shears with swiveling heads and
with rotating vertical and horizontal
cutting blades of steel (provided for in
subheading 8201.90.30) .........................

Free

No change

No change

120 STAT. 3093

On or before
12/31/2009

’’.

SEC. 1198. CERIUM SULFIDE PIGMENTS.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘

9902.22.90

Cerium sulfide pigments (CAS Nos.
12014–93–6 and 12031–49–1) (provided for in subheading 3206.49.50) ....

Free

No change

No change

On or before
12/31/2009

’’.

SEC. 1199. KRESOXIM METHYL.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘

9902.22.91

Mixtures of methyl (E)-methoxyimino[α-(o-tolyloxy)-o-tolyl]acetate
(Kresoxim methyl) (CAS No. 143390–
89–0) and application adjuvants (provided for in subheading 3808.20.15) ....

Free

No change

No change

On or before
12/31/2009

’’.

SEC. 1200. 4-PIECE OR 5-PIECE FIREPLACE TOOLS OF IRON OR STEEL.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘

9902.22.92

Packages containing 4 or 5 different
fireplace tools, such tools of iron or
steel, intended for sale to the ultimate
consumer in such packages (provided
for in subheading 8205.51.30) ..............

Free

No change

No change

On or before
12/31/2009

’’.

SEC. 1201. RSD 1235.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘

9902.22.93

3-Pyrrolidinol,
1-[(1R,2R)-2-[2-(3,4dimethoxyphenyl)ethoxy]cyclohexyl],hydrochloride, (3R) (CAS No. 748810–
28–8) (provided for in subheading
2933.99.53) .............................................

Free

No change

No change

On or before
12/31/2009

’’.

SEC. 1202. MCPB ACID AND MCPB SODIUM SALT.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

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120 STAT. 3094

‘‘

PUBLIC LAW 109–432—DEC. 20, 2006

9902.22.94

4-(4-Chloro-2-methylphenoxy) butanoic
acid (CAS No. 94–81–5); 4-(4-chloro-2methylphenoxy)butanoic acid, sodium
salt (CAS No. 6062–26–6) (provided for
in subheading 2918.90.20) ....................

Free

No change

No change

On or before
12/31/2009

’’.

SEC. 1203. GIBBERELLIC ACID.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘

9902.22.95

Gibberellic acid (GA3) (CAS No. 77–
06–5) and a mixture of gibberellin A4
(CAS No. 468–44–0) and gibberellin
A7 (CAS No. 510–75–8) (provided for
in subheading 2932.29.50) ....................

Free

No change

No change

On or before
12/31/2009

’’.

SEC. 1204. TRIPHENYLTIN HYDROXIDE.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘

9902.22.96

Triphenyltin hydroxide (CAS No. 76–
87–9) (provided for in subheading
2931.00.25) .............................................

Free

No change

No change

On or before
12/31/2009

’’.

SEC. 1205. BROMOXYNIL OCTONOATE.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘

9902.22.97

3,5-Dibromo-4-hydroxybenzonitrile
octonoate (CAS No. 1689–84–5) (provided for in subheading 2926.90.25) ....

Free

No change

No change

On or before
12/31/2009

’’.

SEC. 1206. METHYL 3-(TRIFLUOROMETHYL)BENZOATE.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘

9902.22.98

Methyl
3-(trifluoromethyl)benzoate
(CAS No. 2557–13–3) (provided for in
subheading 2916.39.45) .........................

Free

No change

No change

On or before
12/31/2009

’’.

SEC. 1207. 4-(TRIFLUOROMETHOXY)PHENYL ISOCYANATE.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘

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4-(Trifluoromethoxy)phenyl isocyanate
(CAS No. 35037–73–1) (provided for in
subheading 2929.10.55) .........................

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No change

E:\PUBLAW\PUBL432.109

On or before
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PUBLIC LAW 109–432—DEC. 20, 2006

120 STAT. 3095

SEC. 1208. 4-METHYLBENZONITRILE.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘

9902.23.01

4-Methylbenzonitrile (CAS No. 104–
85–8) (provided for in subheading
2926.90.43) .............................................

Free

No change

No change

On or before
12/31/2009

’’.

SEC. 1209. DIAMINODECANE.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘

9902.23.02

Diaminodecane (CAS No. 646–25–3)
(provided
for
in
subheading
2921.29.00) .............................................

Free

No change

No change

On or before
12/31/2009

’’.

SEC. 1210. CERTAIN COMPOUNDS OF LANTHANUM PHOSPHATES.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘

9902.23.03

Lanthanum phosphate (CAS No.
13778–59–1) (provided for in subheading 2846.90.80) ...............................

Free

No change

No change

On or before
12/31/2009

’’.

SEC. 1211. CERTAIN COMPOUNDS OF YTTRIUM EUROPIUM OXIDE COPRECIPITATES.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘

9902.23.04

Mixtures or coprecipitates of yttrium
oxide (CAS No. 1314–36–9) and europium oxide (CAS No. 1308–96–9) having a yttrium oxide content of at least
90 percent (provided for in subheading
2846.90.80) .............................................

Free

No change

No change

On or before
12/31/2009

’’.

SEC. 1212. CERTAIN COMPOUNDS OF LANTHANUM, CERIUM, AND TERBIUM PHOSPHATES.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘

VerDate 14-DEC-2004

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10:22 Jan 29, 2007

Mixtures or coprecipitates of lanthanum phosphate, cerium phosphate,
and terbium phosphate (CAS Nos.
13778–59–1, 13454–71–2, and 13863–
48–4 or 95823–34–0) (provided for in
subheadings
2846.10.00
and
2846.90.80) .............................................

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120 STAT. 3096

PUBLIC LAW 109–432—DEC. 20, 2006

SEC. 1213. CERTAIN COMPOUNDS OF YTTRIUM CERIUM PHOSPHATES.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘

9902.23.06

Mixtures or coprecipitates of yttrium
phosphate (CAS No. 13990–54–0) and
cerium phosphate (CAS No. 13454–71–
2) (provided for in subheadings
2846.10.00 and 2846.90.80) ..................

Free

No change

No change

On or before
12/31/2009

’’.

SEC. 1214. CANNED, BOILED OYSTERS, NOT SMOKED.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘

9902.23.07

Oysters (other than smoked), prepared
or preserved (provided for in subheading 1605.90.50) ...............................

Free

No change

No change

On or before
12/31/2009

’’.

SEC. 1215. BOOTS.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘

9902.23.08

Boots constructed by hand of natural
rubber, the foregoing with steel toes
and incorporating ballistic nylon for
cut protection, with self-cleaning lug
soles or with ‘‘caulked’’ soles for slip
and fall protection (provided for in
subheading 6401.10.00) .........................

Free

No change

No change

On or before
12/31/2009

’’.

SEC. 1216. VINYLIDENE CHLORIDE-METHYL METHACRYLATE-ACRYLONITRILE COPOLYMER.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘

9902.23.09

Vinylidene chloride-methyl methacrylate-acrylonitrile copolymer (CAS No.
25214–39–5) (provided for in subheading 3904.50.00) ...............................

Free

No change

No change

On or before
12/31/2009

’’.

SEC. 1217. 1-PROPENE, 1,1,2,3,3,3-HEXAFLUORO-, OXIDIZED, POLYMERIZED, REDUCED HYDROLYZED.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘

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PO 00432

1-Propene,
1,1,2,3,3,3-hexafluoro-,
oxidized,
polymerized,
reduced
hydrolyzed (CAS No. 161075–14–5)
(provided
for
in
subheading
3907.20.00) .............................................

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PUBLIC LAW 109–432—DEC. 20, 2006
SEC.

1218.

1-PROPENE,1,1,2,3,3,3-HEXAFLUORO-,
ERIZED.

120 STAT. 3097

OXIDIZED,

POLYM-

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘

9902.23.11

SEC.

1-Propene,
1,1,2,3,3,3-hexafluoro-,
oxidized,
polymerized
(CAS
No.
69991–67–9) (provided for in subheading 3907.20.00) ...............................

1219.

Free

No change

No change

On or before
12/31/2009

’’.

1-PROPENE, 1,1,2,3,3,3-HEXAFLUORO-, TELOMER WITH
CHLOROTRIFLUOROETHENE,
OXIDIZED,
REDUCED,
ETHYL ESTER, HYDROLYZED.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘

9902.23.12

1-Propene,
1,1,2,3,3,3,-hexafluoro-,
telomer with chlorotrifluoroethene,
oxidized,
reduced,
ethyl
ester,
hydrolyzed (CAS No. 220182–27–4)
(provided
for
in
subheading
3907.20.00) .............................................

Free

No change

No change

On or before
12/31/2009

’’.

SEC. 1220. INFRARED ABSORBING DYE.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘

9902.23.13

1H-Benz[e]indolium, 2-[2-[2-chloro-3[(1,3-dihydro-1,1,3-trimethyl-2Hbenz[e]indol-2-ylidene)ethylidene]-1cyclohexen-1-yl]ethenyl]-1,1,3trimethyl-,
salt
with
4methylbenzenesulfonic acid (1:1) (CAS
No. 134127–48–3) (provided for in subheading 2934.99.90) ...............................

Free

No change

No change

On or before
12/31/2009

’’.

SEC. 1221. 1,1,2-2-TETRAFLUOROETHENE, OXIDIZED, POLYMERIZED.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘

9902.23.14

SEC.

1,1,2-2-Tetrafluoroethene, oxidized, polymerized (CAS No. 69991–61–3) (provided for in subheading 3907.20.00) ....

1222.

Free

No change

No change

On or before
12/31/2009

’’.

METHOXYCARBONYL-TERMINATED PERFLUORINATED
POLYOXYMETHYLENE-POLYOXYETHYLENE.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

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120 STAT. 3098

‘‘

PUBLIC LAW 109–432—DEC. 20, 2006

9902.23.15

SEC.

1223.

Methoxycarbonyl-terminated
perfluorinated
polyoxymethylenepolyoxyethylene (CAS No. 107852–49–
3) (provided for in subheading
3907.20.00) .............................................

Free

No change

No change

ETHENE, TETRAFLUORO, OXIDIZED,
REDUCED, DECARBOXYLATED.

On or before
12/31/2009

’’.

POLYMERIZED,

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘

9902.23.16

SEC.

1224.

Ethene, tetrafluoro, oxidized, polymerized, reduced, decarboxylated (CAS
No. 161075–02–1) (provided for in subheading 3824.90.91) ...............................

Free

No change

No change

On or before
12/31/2009

’’.

ETHENE, TETRAFLUORO, OXIDIZED, POLYMERIZED
REDUCED, METHYL ESTERS, REDUCED, ETHOXYLATED.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘

9902.23.17

Ethene, tetrafluoro, oxidized, polymerized reduced, methyl esters, reduced,
ethoxylated (CAS No. 162492–15–1)
(provided
for
in
subheading
3907.20.00) .............................................

Free

No change

No change

On or before
12/31/2009

’’.

SEC. 1225. OXIRANEMETHANOL, POLYMERS WITH REDUCED METHYL
ESTERS OF REDUCED POLYMERIZED OXIDIZED TETRAFLUOROETHYLENE.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘

9902.23.18

SEC.

1226.

Oxiranemethanol, polymers with reduced methyl esters of reduced polymerized oxidized tetrafluoroethylene
(CAS No. 156559–18–1) (provided for
in subheading 3907.20.00) ....................

Free

No change

No change

ETHENE, TETRAFLUORO, OXIDIZED,
REDUCED, METHYL ESTERS, REDUCED.

On or before
12/31/2009

’’.

POLYMERIZED

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘

VerDate 14-DEC-2004

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9902.23.19

PO 00432

Ethene, tetrafluoro, oxidized, polymerized reduced, methyl esters, reduced
(CAS No. 88645–29–8) (provided for in
subheading 3907.20.00) .........................

Frm 00178

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No change

No change

E:\PUBLAW\PUBL432.109

On or before
12/31/2009

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PUBLIC LAW 109–432—DEC. 20, 2006

120 STAT. 3099

SEC. 1227. CERTAIN LIGHT-ABSORBING PHOTO DYES.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘

9902.23.20

Morpholine, 4-[4,5-dihydro-4-[3-[5-hydroxy-1-methyl-3-(4morpholinylcarbonyl)-1H-pyrazol-4-yl]2-propenylidene]-1-methyl-5-oxo-1Hpyrazol-3-yl]carbonyl]-, potassium salt
(CAS No. 183196–57–8) (provided for
in
subheading
2934.99.90);
1,4benzenedisulfonic acid, 2-[4-[5-[1-(2,5disulfophenyl)-1,5-dihydro-3[(methylamino)carbonyl]-5-oxo-4Hpyrazol-4-ylidene]-3-(2-oxo-1pyrrolidinyl)-1,3-pentadienyl]-5-hydroxy-3-[(methylamino)carbonyl]-1Hpyrazol-1-yl]-, pentapotassium salt
(CAS No. 202482–44–8) (provided for
in subheading 2933.79.08) ....................

Free

No change

No change

On or before
12/31/2009

’’.

SEC. 1228. CERTAIN SPECIALTY MONOMERS.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘

9902.23.21

3,4-Dimethylbenzene,
1,1′-[2,2,2trifluoro-1(trifluoromethyl)ethylidene]bis- (CAS
No. 65294–20–4) (provided for in subheading 2903.69.80) ...............................

Free

No change

No change

On or before
12/31/2009

’’.

SEC. 1229. SUSPENSION OF DUTY ON EXOFLEX F BX7011.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘

9902.23.22

1,4-Benzenedicarboxylic acid, dimethyl
ester, polymer with 1,4-butanediol and
hexanedioic acid (CAS No. 55231–08–
8) (provided for in subheading
3907.99.00) .............................................

Free

No change

No change

On or before
12/31/2009

’’.

SEC. 1230. TRIPHENYL PHOSPHINE.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘

9902.23.23

Triphenyl phosphine (CAS No. 603–
35–0) (provided for in subheading
2931.00.90) .............................................

Free

No change

No change

On or before
12/31/2009

’’.

SEC. 1231. CERTAIN GOLF BAG BODIES.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

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120 STAT. 3100

‘‘

PUBLIC LAW 109–432—DEC. 20, 2006

9902.23.24

Golf bag bodies made of woven fabrics
of nylon or polyester, sewn together
with rainhoods, pockets, dividers, and
graphite shaft protection (provided for
in subheading 6307.90.98) ....................

Free

No change

No change

On or before
12/31/2009

’’.

SEC. 1232. DICHLORPROP-P ACID, DICHLORPROP-P DIMETHYLAMINE
SALT, AND DICHLORPROP-P 2-ETHYLHEXYL ESTER.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘

9902.23.25

(+)-(R)-2-(2,4-Dichlorophenoxy)
propanoic acid (CAS No. 15165–67–0); (+)(R)-2-(2,4-dichlorophenoxy) propanoic
acid, 2-ethylhexyl ester (CAS No.
79270–78–3) (provided for in subheading 2918.90.20), and (+)-(R)-2-(2,4dichlorophenoxy)propanoic acid, dimethylamine salt (CAS No. 104786–
87–0) (provided for in subheading
2921.19.60) .............................................

Free

No change

No change

On or before
12/31/2009

’’.

SEC. 1233. 2,4-DB ACID AND 2,4-DB DIMETHYLAMINE SALT.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘

9902.23.26

4-(2,4-Dichlorophenoxy) butyric acid
(CAS No. 94–82–6) (provided for in
subheading 2918.90.20); and 4-(2,4dichlorophenoxy)butyric
acid,
dimethylamine salt (CAS No. 2758–42–
1) (provided for in subheading
2921.19.60) .............................................

Free

No change

No change

On or before
12/31/2009

’’.

SEC. 1234. FILAMENT FIBER TOW OF RAYON.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘

9902.23.27

Filament tow of rayon (provided for in
heading 5502.00.00) ...............................

Free

No change

No change

On or before
12/31/2009

’’.

SEC. 1235. PARTS FOR USE IN THE MANUFACTURE OF CERTAIN HIGHPERFORMANCE LOUDSPEAKERS.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

VerDate 14-DEC-2004

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PUBLIC LAW 109–432—DEC. 20, 2006

‘‘

9902.23.28

Parts (provided for in subheading
8518.90.80) certified by the importer
as for use exclusively in the manufacture of loudspeakers which (when not
mounted in their enclosures) meet a
performance standard of not more
than 1.5 dB for the average level of 3
or more octave bands when tested in a
reverberant chamber .............................

Free

No change

No change

120 STAT. 3101

On or before
12/31/2009

’’.

SEC. 1236. CERTAIN PLASTIC LAMP-HOLDER HOUSINGS CONTAINING
SOCKETS.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘

9902.23.29

Lamp-holder housings of plastics, containing sockets (provided for in subheading 8536.61.00) ...............................

Free

No change

No change

On or before
12/31/2009

’’.

SEC. 1237. CERTAIN PORCELAIN LAMP-HOLDER HOUSINGS CONTAINING SOCKETS.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘

9902.23.30

SEC.

1238.

Lamp-holder housings of porcelain,
containing sockets (provided for in
subheading 8536.61.00) .........................

CERTAIN ALUMINUM
TAINING SOCKETS.

Free

No change

No change

LAMP-HOLDER

On or before
12/31/2009

HOUSINGS

’’.

CON-

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘

9902.23.31

Lamp-holder housings of aluminum,
containing sockets (provided for in
subheading 8536.61.00) .........................

Free

No change

No change

On or before
12/31/2009

’’.

SEC. 1239. CERTAIN BRASS LAMP-HOLDER HOUSINGS CONTAINING
SOCKETS.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘

9902.23.32

Lamp-holder housings of brass, containing sockets (provided for in subheading 8536.61.00) ...............................

Free

No change

No change

On or before
12/31/2009

’’.

SEC. 1240. STAPLE FIBERS OF VISCOSE RAYON, NOT CARDED.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

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120 STAT. 3102

‘‘

PUBLIC LAW 109–432—DEC. 20, 2006

9902.23.33

Staple fibers of viscose rayon, not
carded, combed, or otherwise processed
for spinning, measuring 1.67 to 16.67
decitex and having a fiber length each
measuring 20 mm or more but not
over 150 mm (provided for in subheading 5504.10.00) ...............................

Free

No change

No change

On or before
12/31/2009

’’.

SEC. 1241. STAPLE FIBERS OF RAYON, CARDED, COMBED, OR OTHERWISE PROCESSED.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘

9902.23.34

Staple fibers of rayon, carded, combed,
or otherwise processed for spinning,
the foregoing presented in the form of
top
(provided
for
in
heading
5507.00.00) .............................................

Free

No change

No change

On or before
12/31/2009

’’.

SEC. 1242. MINI DVD CAMCORDER WITH 680K PIXEL CCD.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘

9902.23.35

Camcorders each capable of recording
and reproducing video images on miniDVD media in all the following formats: DVD–R, DVD–RW, DVD–RAM,
or DVD+RW, the foregoing each with
25 power optical zoom and a lens diameter of 34 mm (provided for in subheading 8525.40.80) ...............................

Free

No change

No change

On or before
12/31/2009

’’.

SEC. 1243. MINI DVD CAMCORDER WITH 20G HDD.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘

9902.23.36

Camcorders each capable of recording
and reproducing video images on miniDVD media in all the following formats: DVD–R, DVD–RW, DVD–RAM,
or DVD+RW, the foregoing each with
an internal 20 gigabyte (20G) hard
disk drive and a USB 2.0 port (provided for in subheading 8525.40.80) ....

Free

No change

No change

On or before
12/31/2009

’’.

SEC. 1244. METAL HALIDE LAMP.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘

VerDate 14-DEC-2004

10:22 Jan 29, 2007

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9902.23.37

PO 00432

Metal halide lamps designed for use in
video projectors (provided for in subheading 8539.32.00) ...............................

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No change

E:\PUBLAW\PUBL432.109

On or before
12/31/2009

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PUBLIC LAW 109–432—DEC. 20, 2006

120 STAT. 3103

SEC. 1245. HAND-HELD ELECTRONIC CAN OPENERS.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘

9902.23.38

Hand-held
electromechanical
can
openers, with self-contained electric
motor (provided for in subheading
8509.80.00) .............................................

Free

No change

No change

On or before
12/31/2009

’’.

SEC. 1246. ELECTRIC KNIVES.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘

9902.23.39

SEC.

Electromechanical knives, with selfcontained electric motor (provided for
in subheading 8509.80.00) ....................

1247.

Free

No change

No change

TOASTER OVENS WITH SINGLE-SLOT
TOASTER OPENING ON TOP OF OVEN.

On or before
12/31/2009

’’.

TRADITIONAL

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘

9902.23.40

Electrothermic toaster ovens, each incorporating a single-slot toaster opening on top of the oven (provided for in
subheading 8516.72.00) .........................

Free

No change

No change

On or before
12/31/2009

’’.

SEC. 1248. ICE SHAVERS.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘

9902.23.41

Electromechanical ice shavers, with
self-contained electric motor (provided
for in subheading 8509.40.00) ..............

Free

No change

No change

On or before
12/31/2009

’’.

SEC. 1249. DUAL-PRESS SANDWICH MAKERS WITH FLOATING UPPER
LID AND LOCK.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘

VerDate 14-DEC-2004

9902.23.42

10:22 Jan 29, 2007

Dual-grid electric sandwich grillers,
each with lock and floating upper lid
(provided
for
in
subheading
8516.60.60) .............................................

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On or before
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E:\PUBLAW\PUBL432.109

’’.

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120 STAT. 3104

PUBLIC LAW 109–432—DEC. 20, 2006

SEC. 1250. ELECTRIC JUICE EXTRACTORS GREATER THAN 300 WATTS
BUT LESS THAN 400 WATTS.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘

9902.23.43

Electromechanical juice extractors,
each with a self-contained 2-speed
electric motor rated over 300 W but
not over 400 W (provided for in subheading 8509.40.00) ...............................

Free

No change

No change

On or before
12/31/2009

’’.

SEC. 1251. ELECTRIC JUICE EXTRACTORS NOT LESS THAN 800 WATTS.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘

9902.23.44

Electromechanical juice extractors,
each with a self-contained 2-speed
electric motor rated at 800 W or higher (provided for in subheading
8509.40.00) .............................................

Free

No change

No change

On or before
12/31/2009

’’.

SEC. 1252. OPEN-TOP ELECTRIC INDOOR GRILLS.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘

9902.23.45

Open-top electric grills designed for indoor use (provided for in subheading
8516.60.60) .............................................

Free

No change

No change

On or before
12/31/2009

’’.

SEC. 1253. AUTOMATIC DRIP COFFEEMAKERS OTHER THAN THOSE
WITH CLOCKS.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘

9902.23.46

Electrothermic
automatic
drip
coffeemakers without electronic clock,
each with self-contained coffee holding
chamber and designed to be used without separate carafe (provided for in
subheading 8516.71.00) .........................

Free

No change

No change

On or before
12/31/2009

’’.

SEC. 1254. AUTOMATIC DRIP COFFEEMAKERS WITH ELECTRONIC
CLOCKS.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

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PUBLIC LAW 109–432—DEC. 20, 2006

‘‘

9902.23.47

Electrothermic
automatic
drip
coffeemakers each with electronic clock
and with self-contained coffee holding
chamber, the foregoing designed to be
used without separate carafe (provided
for in subheading 8516.71.00) ..............

Free

No change

No change

120 STAT. 3105

On or before
12/31/2009

’’.

SEC. 1255. ELECTRIC UNDER-THE-CABINET MOUNTING CAN OPENERS.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘

9902.23.48

Electromechanical can openers, with
self-contained electric motor, the foregoing designed to be mounted below
kitchen cabinets (provided for in subheading 8509.80.00) ...............................

Free

No change

No change

On or before
12/31/2009

’’.

SEC. 1256. DIMETHYL MALONATE.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘

9902.23.49

Dimethyl malonate (CAS No. 108–59–
8) (provided for in subheading
2917.19.70) .............................................

Free

No change

No change

On or before
12/31/2009

’’.

SEC. 1257. LIGHTWEIGHT DIGITAL CAMERA LENSES.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘

9902.23.50

Lenses designed for digital cameras,
the foregoing with focal length 55 mm
or more but not over 200 mm and not
exceeding 255.2 g in weight (provided
for in subheading 9002.11.90) ..............

Free

No change

No change

On or before
12/31/2009

’’.

SEC. 1258. DIGITAL ZOOM CAMERA LENSES.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘

9902.23.51

Lenses designed for digital cameras,
the foregoing with focal length 17 mm
or more but not over 55 mm and not
exceeding 765.5 g in weight (provided
for in subheading 9002.11.90) ..............

Free

No change

No change

On or before
12/31/2009

’’.

SEC. 1259. COLOR FLAT PANEL SCREEN MONITORS.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

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120 STAT. 3106

‘‘

PUBLIC LAW 109–432—DEC. 20, 2006

9902.23.52

Color video monitors each having a
flat panel screen, BNC input connection and video loop-thru connector, the
foregoing with a video display diagonal
of either 41.9 cm or more but not more
than 44.5 cm, or 47 cm or more but
not more than 49.5 cm (provided for in
subheading 8528.21.70) .........................

Free

No change

No change

On or before
12/31/2009

’’.

SEC. 1260. COLOR MONITORS WITH A VIDEO DISPLAY DIAGONAL OF
35.56 CM OR GREATER.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘

9902.23.53

Color video monitors each having a
cathode-ray tube and a video display
diagonal exceeding 35.56 cm (provided
for in subheading 8528.21.39) ..............

Free

No change

No change

On or before
12/31/2009

’’.

SEC. 1261. COLOR MONITORS.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘

9902.23.54

Color video monitors, each having a
cathode-ray tube and a video display
diagonal of more than 34.29 cm but
not more than 35.56 cm (provided for
in subheading 8528.21.29) ....................

Free

No change

No change

On or before
12/31/2009

’’.

SEC. 1262. BLACK AND WHITE MONITORS.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘

9902.23.55

Black and white or other monochrome
monitors with cathode-ray tubes, the
foregoing each with a video display diagonal of either 21.6 cm or more but
not more than 24.1 cm, 29.2 cm or
more but not more than 31.8 cm or
41.9 cm or more but not more than
44.5 cm (provided for in subheading
8528.22.00) .............................................

Free

No change

No change

On or before
12/31/2009

’’.

SEC. 1263. 6 V LEAD-ACID STORAGE BATTERIES.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

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PUBLIC LAW 109–432—DEC. 20, 2006

‘‘

9902.23.56

6 V lead-acid storage batteries with a
maximum length of 8.89 cm, maximum width of 5.08 cm and maximum
height of 11.43 cm, rated at less than
10 ampere-hours, certified by the importer as intended for use as the auxiliary source of power for burglar or fire
alarms and similar apparatus of subheading 8531.10.00 (provided for in
subheading 8507.20.80) .........................

Free

No change

No change

120 STAT. 3107

On or before
12/31/2009

’’.

SEC. 1264. ZIRCONYL CHLORIDE.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘

9902.23.57

Zirconium oxychloride (zirconyl chloride or zirconium dichloride oxide)
(CAS No. 15461–27–5) (provided for in
subheading 2827.49.50) .........................

Free

No change

No change

On or before
12/31/2009

’’.

SEC. 1265. NAPHTHOL AS-CA.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘

9902.23.58

5′-Chloro-3-hydroxy-2′-methoxy-2naphthanilide (CAS No. 137–52–0)
(provided
for
in
subheading
2924.29.36) .............................................

Free

No change

No change

On or before
12/31/2009

’’.

SEC. 1266. NAPHTHOL AS-KB.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘

9902.23.59

5′-Chloro-3-hydroxy-2′-methyl-2naphthanilide (CAS No. 135–63–7)
(provided
for
in
subheading
2924.29.36) .............................................

Free

No change

No change

On or before
12/31/2009

’’.

SEC. 1267. BASIC VIOLET 1.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘

9902.23.60

Basic Violet 1 (CAS No. 8004–87–3)
(provided
for
in
subheading
3204.13.80) .............................................

Free

No change

No change

On or before
12/31/2009

’’.

SEC. 1268. BASIC BLUE 7.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

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120 STAT. 3108

‘‘

PUBLIC LAW 109–432—DEC. 20, 2006

9902.23.61

Basic Blue 7 (CAS No. 2390–60–5)
(provided
for
in
subheading
3204.13.80) .............................................

Free

No change

No change

On or before
12/31/2009

’’.

SEC. 1269. 3-AMINO-4-METHYLBENZAMIDE.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘

9902.23.63

3-Amino-4-methylbenzamide (CAS No.
19406–86–1) (provided for in subheading 2924.29.76) ...............................

Free

No change

No change

On or before
12/31/2009

’’.

SEC. 1270. ACETOACETYL-2,5-DIMETHOXY-4-CHLOROANILIDE.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘

9902.23.64

Acetoacetyl-2,5-dimethoxy-4chloroanilide (CAS No. 4433–79–8)
(provided
for
in
subheading
2924.29.76) .............................................

Free

No change

No change

On or before
12/31/2009

’’.

SEC. 1271. PHENYL SALICYLATE (BENZOIC ACID, 2-HYDROXY-, PHENYL
ESTER).

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘

9902.23.65

Phenyl salicylate (benzoic acid, 2-hydroxy-, phenyl ester) (CAS No. 118–
55–8) (provided for in subheading
2918.23.10) .............................................

Free

No change

No change

On or before
12/31/2009

’’.

SEC. 1272. SYNTHETIC INDIGO POWDER.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘

9902.23.66

Synthetic indigo powder, (3H-indol-3one,
2-(1,3-dihydro-3-oxo-2H-indol-2ylidene)-1,2-dihydro-) (CAS No. 482–
89–3) (provided for in subheading
3204.15.10) .............................................

Free

No change

No change

On or before
12/31/2009

’’.

SEC. 1273. 1,3,5-TRIAZINE-2,4-DIAMINE, 6-[2-(2-METHYL-1H-IMIDAZOL-1YL)ETHYL]-.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

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PUBLIC LAW 109–432—DEC. 20, 2006

‘‘

9902.23.67

1,3,5-Triazine-2,4-diamine,
6-[2-(2methyl-1H-imidazol-1-yl)ethyl]- (CAS
No. 38668–46–1) (provided for in subheading 2933.69.60) ...............................

Free

No change

No change

120 STAT. 3109

On or before
12/31/2009

’’.

SEC. 1274. 50/50 MIXTURE OF 1,3,5-TRIAZINE-2,4,6(1H,3H,5H)-TRIONE,
1,3,5-TRIS[(2R)-OXIRANYLMETHYL]- AND 1,3,5,-TRIAZINE2,4,6(1H,3H,5H)-TRIONE,
1,3,5-TRIS[(2S)OXIRANYLMETHYL]-.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘

9902.23.68

SEC.

50/50
Mixture
of
1,3,5-triazine2,4,6(1H,3H,5H)-trione, 1,3,5-tris[(2R)oxiranylmethyl]- and 1,3,5,-triazine2,4,6(1H,3H,5H)-trione, 1,3,5-tris[(2S)oxirianylmethyl]- (CAS Nos. 240408–
78–0 and 240408–81–5) (provided for
in subheading 2933.69.60) ....................

1275.

Free

No change

No change

9H-THIOXANTHENE-2-CARBOXALDEHYDE,
ACETYLOXIME).

On or before
12/31/2009

9-OXO-,

’’.

2-(O-

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘

9902.23.69

9H-Thioxanthene-2-carboxaldehyde, 9oxo-, 2-(o-acetyloxime) (CAS No.
362624–80–4) (provided for in subheading 2934.99.39) ...............................

Free

No change

No change

On or before
12/31/2009

’’.

SEC. 1276. 1H-IMIDAZOLE, 2-ETHYL-4-METHYL-.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘

9902.23.70

1H-Imidazole, 2-ethyl-4-methyl- (CAS
No. 931–36–2) (provided for in subheading 2933.29.90) ...............................

Free

No change

No change

On or before
12/31/2009

’’.

SEC. 1277. 1H-IMIDAZOLE-4-METHANOL, 5-METHYL-2-PHENYL-.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘

VerDate 14-DEC-2004

9902.23.71

10:22 Jan 29, 2007

1H-Imidazole-4-methanol, 5-methyl-2phenyl- (CAS No. 13682–32–1) (provided for in subheading 2933.29.90) ....

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No change

Fmt 6580

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On or before
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E:\PUBLAW\PUBL432.109

’’.

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120 STAT. 3110

PUBLIC LAW 109–432—DEC. 20, 2006

SEC. 1278. 4-CYCLOHEXENE-1,2-DICARBOXYLIC ACID, COMPD. WITH
1,3,5-TRIAZINE-2,4,6-TRIAMINE (1:1).

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘

9902.23.72

4-Cyclohexene-1,2-dicarboxylic
acid,
compd. with 1,3,5-triazine-2,4,6-triamine (1:1) (provided for in subheading 2933.69.60) ...............................

Free

No change

No change

On or before
12/31/2009

’’.

SEC. 1279. 1,3,5,-TRIAZINE-2,4-DIAMINE, 6-[2-(2-UNDECYL-1H-IMIDAZOL1-YL)ETHYL]-.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘

9902.23.73

1,3,5,-Triazine-2,4-diamine,
6-[2-(2undecyl-1H-imidazol-1-yl)ethyl]- (CAS
No. 50729–75–4) (provided for in subheading 2933.69.60) ...............................

Free

No change

No change

On or before
12/31/2009

’’.

SEC. 1280. CERTAIN FOOTWEAR VALUED OVER $20 A PAIR WITH
COATED OR LAMINATED TEXTILE FABRICS.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
‘‘

9902.23.74

Footwear (other than for
men or women, and other
than vulcanized footwear
and footwear with waterproof molded bottoms, including bottoms comprising an outer sole and
all or part of the upper),
valued over $20/pair,
whose height from the
bottom of the outer sole to
the top of the upper does
not exceed 7 inches (17.78
cm), designed to be worn
in lieu of, but not over,
other footwear as a protection against water, oil,
grease or chemicals or
cold or inclement weather
where such protection includes protection against
water that is imparted by
the use of a coated or laminated textile fabric (provided for in subheading
6402.91.50) ........................

Free

No change

No change

On or before
12/31/2009

’’.

SEC. 1281. CERTAIN WOMEN’S FOOTWEAR WITH COATED OR LAMINATED TEXTILE FABRICS.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

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PUBLIC LAW 109–432—DEC. 20, 2006

‘‘

9902.23.75

Women’s footwear with
outer soles and uppers of
rubber or plastics (except
footwear of vulcanized
rubber and footwear with
waterproof molded bottoms, including bottoms
comprising an outer sole
and all or part of the
upper), valued over $20/
pair, covering the ankle,
whose height from the
bottom of the outer sole to
the top of the upper does
not exceed 8 inches (20.32
cm), such footwear designed to be worn in lieu
of, but not over, other
footwear as a protection
against water, oil, grease
or chemicals or cold or inclement weather where
such protection includes
protection against water
that is imparted by the
use of a coated or laminated textile fabric (provided for in subheading
6402.91.50) ........................

Free

No change

No change

120 STAT. 3111

On or before
12/31/2009

’’.

SEC. 1282. CERTAIN MEN’S FOOTWEAR WITH COATED OR LAMINATED
TEXTILE FABRICS.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
‘‘

9902.23.76

Men’s footwear (except
vulcanized footwear and
footwear with waterproof
molded bottoms, including
bottoms comprising an
outer sole and all or part
of the upper), valued over
$20/pair, whose height
from the bottom of the
outer sole to the top of the
upper does not exceed 8
inches (20.32 cm), designed to be worn in lieu
of, but not over, other
footwear as a protection
against water, oil, grease
or chemicals or cold or inclement weather where
such protection includes
protection against water
that is imparted by the
use of a coated or laminated textile fabric (provided for in subheading
6402.91.50) ........................

Free

No change

No change

On or before
12/31/2009

’’.

SEC. 1283. CERTAIN MEN’S FOOTWEAR VALUED OVER $20 A PAIR WITH
COATED OR LAMINATED TEXTILE FABRICS.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

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120 STAT. 3112

‘‘

PUBLIC LAW 109–432—DEC. 20, 2006

9902.23.77

Men’s footwear (except
vulcanized footwear and
footwear with waterproof
molded bottoms, including
bottoms comprising an
outer sole and all or part
of the upper), valued over
$20/pair, designed to be
worn in lieu of, but not
over, other footwear as a
protection against water,
oil, grease or chemicals or
cold or inclement weather
where such protection includes protection against
water that is imparted by
the use of a coated or laminated textile fabric (provided for in subheading
6402.99.20) ........................

Free

No change

No change

On or before
12/31/2009

’’.

SEC. 1284. CERTAIN WOMEN’S FOOTWEAR VALUED OVER $20 A PAIR
WITH COATED OR LAMINATED TEXTILE FABRICS.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
‘‘

9902.23.78

Women’s footwear (except
vulcanized footwear and
footwear with waterproof
molded bottoms, including
bottoms comprising an
outer sole and all or part
of the upper), valued over
$20/pair, designed to be
worn in lieu of, but not
over, other footwear as a
protection against water,
oil, grease or chemicals or
cold or inclement weather
where such protection includes protection against
water that is imparted by
the use of a coated or laminated textile fabric (provided for in subheading
6402.99.20) ........................

Free

No change

No change

On or before
12/31/2009

’’.

SEC. 1285. CERTAIN OTHER FOOTWEAR VALUED OVER $20 A PAIR WITH
COATED OR LAMINATED TEXTILE FABRICS.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

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PUBLIC LAW 109–432—DEC. 20, 2006

‘‘

9902.23.79

Footwear (other than for
men or women, and other
than vulcanized footwear
and footwear with waterproof molded bottoms, including bottoms comprising an outer sole and
all or part of the upper),
valued over $20/pair, designed to be worn in lieu
of, but not over, other
footwear as a protection
against water, oil, grease
or chemicals or cold or inclement weather where
such protection includes
protection against water
that is imparted by the
use of a coated or laminated textile fabric (provided for in subheading
6402.99.20) ........................

Free

No change

No change

120 STAT. 3113

On or before
12/31/2009

’’.

SEC. 1286. CERTAIN FOOTWEAR WITH COATED OR LAMINATED TEXTILE FABRICS.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
‘‘

9902.23.80

Footwear (other than for
men or women and other
than vulcanized footwear
and footwear with waterproof molded bottoms, including bottoms comprising an outer sole and
all or part of the upper),
valued over $20/pair, not
covering the ankle, designed to be worn in lieu
of, but not over, other
footwear as a protection
against water, oil, grease
or chemicals or cold or inclement weather where
such protection includes
protection against water
that is imparted by the
use of a coated or laminated textile fabric (provided for in subheading
6404.19.20) ........................

Free

No change

No change

On or before
12/31/2009

’’.

SEC. 1287. CERTAIN OTHER FOOTWEAR COVERING THE ANKLE WITH
COATED OR LAMINATED TEXTILE FABRICS.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

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120 STAT. 3114

‘‘

PUBLIC LAW 109–432—DEC. 20, 2006

9902.23.81

Footwear (other than for
men or women, and other
than vulcanized footwear
and footwear with waterproof molded bottoms, including bottoms comprising an outer sole and
all or part of the upper),
valued over $20/pair, covering the ankle, whose
height from the bottom of
the outer sole to the top of
the upper does not exceed
7 inches (17.78 cm), designed to be worn in lieu
of, but not over, other
footwear as a protection
against water, oil, grease
or chemicals or cold or inclement weather where
such protection includes
protection against water
that is imparted by the
use of a coated or laminated textile fabric (provided for in subheading
6404.19.20) ........................

Free

No change

No change

On or before
12/31/2009

’’.

SEC. 1288. CERTAIN WOMEN’S FOOTWEAR COVERING THE ANKLE WITH
COATED OR LAMINATED TEXTILE FABRICS.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
‘‘

9902.23.82

Women’s footwear (except
vulcanized footwear and
footwear with waterproof
molded bottoms, including
bottoms comprising an
outer sole and all or part
of the upper), valued over
$20/pair, covering the
ankle, whose height from
the bottom of the outer
sole to the top of the
upper does not exceed 8
inches (20.32 cm), such
footwear designed to be
worn in lieu of, but not
over, other footwear as a
protection against water,
oil, grease or chemicals or
cold or inclement weather
where such protection includes protection against
water that is imparted by
the use of a coated or laminated textile fabric (provided for in subheading
6404.19.20) ........................

Free

No change

No change

On or before
12/31/2009

’’.

SEC. 1289. CERTAIN WOMEN’S FOOTWEAR NOT COVERING THE ANKLE
WITH COATED OR LAMINATED TEXTILE FABRICS.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

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PUBLIC LAW 109–432—DEC. 20, 2006

‘‘

9902.23.83

Women’s footwear (except
vulcanized footwear and
footwear with waterproof
molded bottoms, including
bottoms comprising an
outer sole and all or part
of the upper), valued over
$20/pair, not covering the
ankle, designed to be
worn in lieu of, but not
over, other footwear as a
protection against water,
oil, grease or chemicals or
cold or inclement weather
where such protection includes protection against
water that is imparted by
the use of a coated or laminated textile fabric (provided for in subheading
6404.19.20) ........................

Free

No change

No change

120 STAT. 3115

On or before
12/31/2009

’’.

SEC. 1290. FELT-BOTTOM BOOTS FOR USE IN FISHING WADERS.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘

9902.23.84

Vulcanized rubber felt-bottom boots
for actual use in fishing waders (provided for in subheading 6405.90.90) ..

Free

No change

No change

On or before
12/31/2009

’’.

SEC. 1291. LUG BOTTOM BOOTS FOR USE IN FISHING WADERS.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘

9902.23.85

Vulcanized rubber lug bottom boots
for actual use in fishing waders (provided for in subheading 6401.92.90) ..

Free

No change

No change

On or before
12/31/2009

’’.

SEC. 1292. CERTAIN PARTS AND ACCESSORIES FOR MEASURING OR
CHECKING INSTRUMENTS.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘

9902.23.86

Parts or accessories of instruments or
apparatus for measuring or checking
electrical quantities, such instruments
or apparatus specially designed for
telecommunications (provided for in
subheading 9030.90.88) (but not including subassemblies containing one
or more printed circuit assemblies for
such instruments or apparatus (provided for in subheading 9030.90.88)) ...

Free

No change

No change

On or before
12/31/2009

’’.

SEC. 1293. CERTAIN PRINTED CIRCUIT ASSEMBLIES.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

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120 STAT. 3116

‘‘

PUBLIC LAW 109–432—DEC. 20, 2006

9902.23.87

Printed circuit assemblies for instruments or apparatus for measuring or
checking electrical quantities, such instruments or apparatus specially designed for telecommunications (provided for in subheading 9030.90.68) ....

Free

No change

No change

On or before
12/31/2009

’’.

SEC. 1294. CERTAIN SUBASSEMBLIES FOR MEASURING EQUIPMENT
FOR TELECOMMUNICATIONS.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘

9902.23.88

Subassemblies containing one or more
printed circuit assemblies for instruments or apparatus for measuring or
checking electrical quantities, such instruments or apparatus specially designed for telecommunications (provided for in subheading 9030.90.88) ....

Free

No change

No change

On or before
12/31/2009

’’.

SEC. 1295. CHLORONEB.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
‘‘

9902.23.89

1,4-Dichloro-2,5dimethoxybenzene
(Chloroneb) (CAS No.
2675–77–6) (provided for
in subheading 2909.30.30)

Free

No change

No change

On or before
12/31/2009

’’.

SEC. 1296. P-NITROBENZOIC ACID (PNBA).

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
‘‘

9902.23.90

p-Nitrobenzoic acid (CAS
No. 62–23–7) (provided for
in subheading 2916.39.75)

Free

No change

No change

On or before
12/31/2009

’’.

SEC. 1297. ALLYL PENTAERYTHRITOL (APE).

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
‘‘

9902.23.91

Allyl pentaerythritol (CAS
No. 91648–24–7) (provided for in subheading
2909.49.60) ........................

Free

No change

No change

On or before
12/31/2009

’’.

SEC. 1298. BUTYL ETHYL PROPANEDIOL (BEP).

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

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PUBLIC LAW 109–432—DEC. 20, 2006

‘‘

9902.23.92

2-Butyl-2-ethylpropane1,3-diol (CAS No. 115–84–
4) (provided for in subheading 2905.39.90) .........

Free

No change

No change

120 STAT. 3117

On or before
12/31/2009

’’.

SEC. 1299. BEPD70L.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
‘‘

9902.23.93

Mixture of 2-butyl-2ethylpropane-1,3-diol
(CAS No. 115–84–4) and
neopentyl glycol (CAS No.
126–30–7) (provided for in
subheading 3824.90.91) ....

Free

No change

No change

On or before
12/31/2009

’’.

SEC. 1300. BOLTORN-1 (BOLT-1).

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
‘‘

9902.23.94

Polymers of propanoic
acid, 3-hydroxy-2(hydroxymethyl)–2-methyl-with 2,2bis(hydroxymethyl)–1,3propanediol and oxirane
(CAS No. 326794–48–3)
(provided for in subheading 3907.99.00) .........

Free

No change

No change

On or before
12/31/2009

’’.

SEC. 1301. BOLTORN-2 (BOLT-2).

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
‘‘

9902.23.95

Polymer of propanoic acid,
3-hydroxy-2(hydroxymethyl)–2-methyl-polymer with 2,2bis(hydroxymethyl)–1,3propanediol and oxirane,
decanoate octanoate (CAS
No. 326794–49–4) (provided for in subheading
3907.99.00) ........................

Free

No change

No change

On or before
12/31/2009

’’.

SEC. 1302. CYCLIC TMP FORMAL (CTF).

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
‘‘

9902.23.96

1,3-Dioxane-5-methanol,
5-ethyl- (CAS No. 5187–
23–5) (provided for in subheading 2932.99.90) .........

Free

No change

No change

On or before
12/31/2009

’’.

SEC. 1303. DITMP.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

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120 STAT. 3118

‘‘

PUBLIC LAW 109–432—DEC. 20, 2006

9902.23.97

Ditrimethylol propane
(CAS No. 23235–61–2)
(provided for in subheading 2909.49.60) .........

Free

No change

No change

On or before
12/31/2009

’’.

SEC. 1304. POLYOL DPP (DPP).

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
‘‘

9902.23.98

Poly(oxy-1,2-ethanediyl),
α-hydro-ω-hydroxy-ether
with 2,2’(oxybis(methylene)) bis(2hydroxymethyl)–1,3propanediol) (6:1) (CAS
No. 50977–32–7) (provided for in subheading
3907.20.00) ........................

Free

No change

No change

On or before
12/31/2009

’’.

SEC. 1305. HYDROXYPIVALIC ACID (HPA).

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
‘‘

9902.23.99

Hydroxypivalic acid (CAS
No. 4835–90–9) (provided
for in subheading
2918.19.90) ........................

Free

No change

No change

On or before
12/31/2009

’’.

SEC. 1306. TMPDE.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
‘‘

9902.24.01

Trimethylolpropane
diallyl ether (CAS No.
682–09–7) (provided for in
subheading 2909.49.60) ....

Free

No change

No change

On or before
12/31/2009

’’.

SEC. 1307. TMPME.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
‘‘

9902.24.02

Trimethylolpropane
monoallyl ether (CAS No.
682–11–1) (provided for in
subheading 2909.49.60) ....

Free

No change

No change

On or before
12/31/2009

’’.

SEC. 1308. TMP OXETANE (TMPO).

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
‘‘

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3-Ethyl-3oxetanemethanol
(trimethylolpropane
oxetane) (CAS No. 3047–
32–3) (provided for in subheading 2932.99.90) .........

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PUBLIC LAW 109–432—DEC. 20, 2006

120 STAT. 3119

SEC. 1309. TMPO ETHOXYLATE (TMPOE).

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
‘‘

9902.24.04

Poly(oxy-1,2-ethanediyl),
α-((3-ethyl-3-oxetanyl)
methyl)-ω-hydroxy- (CAS
No. 76996–65–1) (provided for in subheading
3907.20.00) ........................

Free

No change

No change

On or before
12/31/2009

’’.

SEC. 1310. AMYL-ANTHRAQUINONE.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
‘‘

9902.24.05

9, 10-Anthracenedione, 2
pentyl- (CAS No. 13936–
21–5) (provided for in subheading 2914.69.90) or in
organic solution (provided
for in subheading
3824.90.28) ........................

Free

No change

No change

On or before
12/31/2009

’’.

SEC. 1311. T-BUTYL ACRYLATE.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
‘‘

9902.24.06

SEC.

Acrylic acid, tert-butyl
ester (CAS No. 1663–39–
4) (provided for in subheading 2916.12.50) .........

Free

No change

No change

On or before
12/31/2009

’’.

1312.
3-CYCLOHEXENE-1-CARBOXYLIC
ACID,
6-[(DI-2PROPENYLAMINO)CARBONYL]-, REL-(1R,6R)-, REACTION
PRODUCTS WITH PENTAFLUOROIODOETHANE-TETRAFLUOROETHYLENE TELOMER, AMMONIUM SALT.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
‘‘

9902.24.07

3-Cyclohexene-1-carboxylic acid, 6-[(di-2propenylamino)carbonyl]-,
rel-(1R,6R)-, reaction
products with
pentafluoroiodoethanetetrafluoroethylene
telomer, ammonium salt
(CAS No. 392286–82–7)
(provided for in subheading 3809.92.50) .........

Free

No change

No change

On or before
12/31/2009

’’.

SEC. 1313. MIXTURES OF PHOSPHATE AMMONIUM SALT DERIVATIVES
OF A FLUOROCHEMICAL.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

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120 STAT. 3120

‘‘

PUBLIC LAW 109–432—DEC. 20, 2006

9902.24.08

5,5-Bis[(γ,ω-perfluoro(C4–
20)alkylthio)methyl]-2-hydroxy-2-oxo-1,3,2dioxaphosphorinane, ammonium salt (CAS No.
148240–85–1) and 2,2bis[(γ,ω-perfluoro(C4–
20)alkylthio)methyl]-3hydroxypropyl phosphate,
diammonium salt (CAS
No. 148240–87–3) and di[2,2-bis[(γ,ω-perfluoro(C4–
20)alkylthio)methyl]]-3hydroxypropyl phosphate,
ammonium salt (CAS No.
148240–89–5) and 2,2bis[(γ,ω-perfluoro(C4–
20)alkylthio)methyl]-1,3di(dihydrogenphosphate)propane,
tetraammonium salt (provided for in subheading
3809.92.50) ........................

Free

No change

No change

On or before
12/31/2009

’’.

SEC. 1314. 1-(3H)-ISOBENZOFURANONE, 3,3-BIS(2-METHYL-1-OCTYL-1HINDOL-3-YL)-.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
‘‘

9902.24.09

1-(3H)-Isobenzofuranone,
3,3-bis(2-methyl-1-octyl1H-indol-3-yl)- (CAS No.
50292–95–0) (provided for
in subheading 3204.19.40)

Free

No change

No change

On or before
12/31/2009

’’.

SEC. 1315. MIXTURE OF POLY[[6-[(1,1,3,3-TETRAMETHYLBUTYL)AMINO]1,3,5-TRIAZINE-2,4-DIYL]
[2,2,6,6-TETRAMETHYL-4PIPERIDINYL)IMINO]-1,6-HEXANEDIYL[(2,2,6,6TETRAMETHYL-4-PIPERIDINYL)IMINO]]) AND BIS(2,2,6,6TETRAMETHYL-4-PIPERIDYL) SEBACATE.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
‘‘

9902.24.10

Mixture of poly[[6[(1,1,3,3tetramethylbutyl)amino]1,3,5-triazine-2,4-diyl]
[2,2,6,6-tetramethyl-4piperidinyl)imino]-1,6hexanediyl[(2,2,6,6tetramethyl-4piperidinyl)imino]]) and
bis(2,2,6,6-tetramethyl-4piperidyl) sebacate (CAS
Nos. 71878–19–8 and
52829–07–9) (provided for
in subheading 3812.30.90)

Free

No change

No change

On or before
12/31/2009

’’.

SEC. 1316. CERTAIN BITUMEN-COATED POLYETHYLENE SLEEVES
SPECIFICALLY DESIGNED TO PROTECT IN-GROUND
WOOD POSTS.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

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PUBLIC LAW 109–432—DEC. 20, 2006

‘‘

9902.24.11

Bitumen-coated shrinkwrap polyethylene boots
for the protection of inground wood posts (provided for in subheading
3926.90.98) ........................

Free

No change

No change

120 STAT. 3121

On or before
12/31/2009

’’.

SEC. 1317. NYLON WOOLPACKS USED TO PACKAGE WOOL.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
‘‘

9902.24.12

Sacks and bags, of undyed
woven fabric of nylon
multifilament yarns not to
exceed 10 decitex, used for
packing wool for transport, storage, or sale (provided for in subheading
6305.39.00) ........................

Free

No change

No change

On or before
12/31/2009

’’.

SEC. 1318. MAGNESIUM ZINC ALUMINUM HYDROXIDE CARBONATE
HYDRATE.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
‘‘

9902.24.13

Magnesium zinc aluminum hydroxide carbonate hydrate (CAS No.
169314–88–9) coated with
an organic fatty acid (provided for in subheading
3812.30.90) ........................

Free

No change

No change

On or before
12/31/2009

’’.

SEC. 1319. C12–18 ALKENES.

(a) IN GENERAL.—Subchapter II of chapter 99 is amended by
inserting in numerical sequence the following new heading:
‘‘

9902.24.14

C12–18 alkenes, polymers
(TPX) with 4-methyl-1pentene (CAS Nos. 25155–
83–3, 81229–87–0, and
103908–22–1) (provided
for in subheading
3902.90.00) ........................

Free

No change

No change

On or before
12/31/2009

’’.

(b) CONFORMING AMENDMENT.—Subchapter II of chapter 99
is amended by striking heading 9902.03.86.
SEC. 1320. ACRYPET UT100.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

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120 STAT. 3122

‘‘

PUBLIC LAW 109–432—DEC. 20, 2006

9902.24.15

2-Propenoic acid, 2-methyl-, methyl ester, polymer
with 1-cyclohexyl-1Hpyrrole-2,5dione,ethenylbenzene and
(1-methylethenyl)benzene
(CAS No. 107194–09–2)
(provided for in subheading 3906.90.20) .........

Free

No change

No change

On or before
12/31/2009

’’.

SEC. 1321. 5-AMINO-1-[2,6-DICHLORO-4-(TRIFLUOROMETHYL)PHENYL]-4[(1R,S)–(TRIFLUOROMETHYL)-SULFINYL]-1H-PYRAZOLE-3CARBONITRILE (FIPRONIL).

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
‘‘

9902.24.16

5-Amino-1-[2,6-dichloro-4(trifluoromethyl)phenyl]-4[(1R,S)–(trifluoromethyl)sulfinyl]-1H-pyrazole-3carbonitrile (Fipronil)
(CAS No. 120068–37–3)
(provided for in subheading 2933.19.23) .........

Free

No change

No change

On or before
12/31/2009

’’.

SEC. 1322. 2,3-PYRIDINEDICARBOXYLIC ACID.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
‘‘

9902.24.17

2,3-Pyridinedicarboxylic
acid (CAS No. 89–00–9)
(provided for in subheading 2933.39.61) .........

Free

No change

No change

On or before
12/31/2009

’’.

SEC. 1323. MIXTURES OF 2-AMMINO-2,3-DIMETHYLBUTYLNITRILE AND
TOLUENE.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
‘‘

9902.24.18

Mixtures of 2-amino-2,3dimethylbutanenitrile
(CAS No. 13893–53–3)
and toluene (provided for
in subheading 3824.90.28)

Free

No change

No change

On or before
12/31/2009

’’.

SEC. 1324. 2,3-QUINOLINEDICARBOXYLIC ACID.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
‘‘

9902.24.19

2,3-Quinolinedicarboxylic
acid (CAS No. 643–38–9)
(provided for in subheading 2933.49.60) .........

Free

No change

No change

On or before
12/31/2009

’’.

SEC. 1325. 3,5-DIFLUOROANILINE.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

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PUBLIC LAW 109–432—DEC. 20, 2006

‘‘

9902.24.20

3,5-Difluoroaniline (CAS
No. 372–39–4) (provided
for in subheading
2921.42.65) ........................

Free

No change

No change

120 STAT. 3123

On or before
12/31/2009

’’.

SEC. 1326. CLOMAZONE.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
‘‘

9902.24.21

2-[(2Chlorophenyl)methyl]-4,4dimethyl-3-isoxazolidinone
(Clomazone) (CAS No.
81777–89–1) (provided for
in subheading 2934.99.15)

Free

No change

No change

On or before
12/31/2009

’’.

SEC. 1327. CHLOROPIVALOYL CHLORIDE.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
‘‘

9902.24.22

SEC.

3-Chloropivaloyl chloride
(CAS No. 4300–97–4)
(provided for in subheading 2915.90.50) .........

Free

No change

No change

On or before
12/31/2009

’’.

1328.
N,N′-HEXANE-1,6-DIYLBIS(3-(3,5-DI-TERT-BUTYL-4HYDROXYPHENYLPROPIONAMIDE)).

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
‘‘

9902.24.23

N,N′-Hexane-1,6-diylbis(3(3,5-di-tert-butyl-4hydroxyphenylpropionamide)) (CAS No. 23128–74–
7) (provided for in subheading 2924.29.31) .........

Free

No change

No change

On or before
12/31/2009

’’.

SEC. 1329. REACTIVE RED 268.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
‘‘

9902.24.24

Reactive Red 268 (CAS
No. 152397–21–2) (provided for in subheading
3204.16.30) ........................

Free

No change

No change

On or before
12/31/2009

’’.

SEC. 1330. REACTIVE RED 270.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
‘‘

VerDate 14-DEC-2004

9902.24.25

10:22 Jan 29, 2007

Reactive Red 270 (CAS
No. 155522–05–7) (provided for in subheading
3204.16.30) ........................

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Frm 00203

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120 STAT. 3124

PUBLIC LAW 109–432—DEC. 20, 2006

SEC. 1331. CERTAIN GLASS THERMO BULBS.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
‘‘

9902.24.26

Liquid-filled glass bulbs
designed for sprinkler systems and other release devices (provided for in subheading 7020.00.60) .........

Free

No change

No change

On or before
12/31/2009

’’.

SEC. 1332. PYRIPROXYFEN.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
‘‘

9902.24.27

2-[1-Methyl-2-(4phenoxyphenoxy)
ethoxy]pyridine
(Pyriproxyfen) (CAS No.
95737–68–1) (provided for
in subheading 2933.39.27)

Free

No change

No change

On or before
12/31/2009

’’.

SEC. 1333. UNICONAZOLE-P.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
‘‘

9902.24.28

(E)–(+)–(S)–1-(4Chlorophenyl)–4,4-dimethyl-2-(1H-1,2,4-triazol1-yl)pent-1-en-3-ol
(Uniconazole-P) (CAS No.
83657–17–4) (provided for
in subheading 2933.69.60)

Free

No change

No change

On or before
12/31/2009

’’.

SEC. 1334. BISPYRIBAC-SODIUM.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
‘‘

9902.24.29

Sodium 2,6-bis[(4,6dimethoxypyrimidin-2yl)oxy]benzoate
(Bispyribac-sodium) (CAS
No. 125401–92–5) (provided for in subheading
2933.59.10) ........................

Free

No change

No change

On or before
12/31/2009

’’.

SEC. 1335. DINOTEFURAN.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
‘‘

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N-Methyl-N′ -nitro-N″
-[(tetrahydro-3furanyl)methyl]guanidine
(Dinotefuran) (CAS No.
165252–70–0) (provided
for in subheading
2932.19.50) ........................

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PUBLIC LAW 109–432—DEC. 20, 2006

120 STAT. 3125

SEC. 1336. ETOXAZOLE.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
‘‘

9902.24.31

2-(2,6-Difluorophenyl)–4[4-(1,1-dimethylethyl)–2ethoxyphenyl]-4,5dihydrooxazole (Etoxazole)
(CAS No. 153233–91–1)
(provided for in subheading 2934.99.18) .........

Free

No change

No change

On or before
12/31/2009

’’.

SEC. 1337. BIOALLETHRIN.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
‘‘

9902.24.32

[1RS-[1α(S*),3β]]-2-Methyl-4-oxo-3-(2-propenyl)–2cyclopenten-1-yl 2,2-dimethyl-3-(2-methyl-1-propenyl)
cyclopropanecarboxylate
(Bioallethrin) (CAS No.
584–79–2) (provided for in
subheading 2916.20.50) ....

Free

No change

No change

On or before
12/31/2009

’’.

SEC. 1338. S-BIOALLETHRIN.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
‘‘

9902.24.33

[1R-[1a(S*),3b]]-2-Methyl4-oxo-3-(2-propenyl)–2cyclopenten-1-yl 2,2-dimethyl-3-(2-methylprop-1enyl)cyclopropane
carboxylate (SBioallethrin) (CAS No.
28434–00–6) (provided for
in subheading 2916.20.50)

Free

No change

No change

On or before
12/31/2009

’’.

SEC. 1339. TETRAMETHRIN.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
‘‘

9902.24.34

(1,3,4,5,6,7-Hexahydro1,3-dioxo-2H-isoindol-2yl)methyl 2,2-dimethyl-3(2-methylprop-1enyl)cyclopropane
carboxylate (CAS No.
7696–12–0)
(Tetramethrin) (provided
for in subheading
2925.19.90) ........................

Free

No change

No change

On or before
12/31/2009

’’.

SEC. 1340. TRALOMETHRIN.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

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120 STAT. 3126

‘‘

PUBLIC LAW 109–432—DEC. 20, 2006

9902.24.35

Cyano(3phenoxyphenyl)methyl
2,2-dimethyl-3-(1,2,2,2tetrabromoethyl)cyclopropanecarboxylate
(Tralomethrin) (CAS No.
66841–25–6) and application adjuvants (provided
for in subheading
3808.10.25) ........................

Free

No change

No change

On or before
12/31/2009

’’.

SEC. 1341. FLUMICLORAC-PENTYL.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
‘‘

9902.24.36

Pentyl [2-chloro-5(cyclohex-1-ene-1,2dicarboximido)–4fluorophenoxy]acetate
(Flumiclorac-pentyl) (CAS
No. 87547–04–4) (provided for in subheading
2926.90.25) ........................

Free

No change

No change

On or before
12/31/2009

’’.

SEC. 1342. 1-PROPENE-2-METHYL HOMOPOLYMER.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
‘‘

9902.24.37

1-Propene-2-methyl
homopolymer (CAS No.
9003–27–4) (provided for
in subheading 3902.30.00)

Free

No change

No change

On or before
12/31/2009

’’.

SEC. 1343. ACRONAL-S-600.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
‘‘

9902.24.38

2-Propenoic acid, polymer
with ethenylbenzene and
2-ethylhexyl 2-propenoate
(CAS No. 25085–19–2)
(provided for in subheading 3903.90.50) .........

Free

No change

No change

On or before
12/31/2009

’’.

SEC. 1344. LUCIRIN TPO.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
‘‘

9902.24.39

Diphenyl (2,4,6trimethylbenzoyl)
phosphine oxide (CAS No.
75980–60–8) (provided for
in subheading 2931.00.30)

Free

No change

No change

On or before
12/31/2009

’’.

SEC. 1345. SOKALAN PG IME.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

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PUBLIC LAW 109–432—DEC. 20, 2006

‘‘

9902.24.40

1H-Imidazole, polymer
with (chloromethyl)
oxirane (CAS No. 68797–
57–9) (provided for in subheading 3911.90.90) .........

Free

No change

No change

120 STAT. 3127

On or before
12/31/2009

’’.

SEC. 1346. LYCOPENE 10 PERCENT.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
‘‘

9902.24.41

Lycopene 10 percent (CAS
No. 502–65–8) (provided
for in subheading
2106.90.95) ........................

Free

No change

No change

On or before
12/31/2009

’’.

SEC. 1347. MIXTURES OF CAS NOS. 181274–15–7 AND 208465–21–8.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
‘‘

9902.24.42

Mixtures of methyl 2-(4,5dihydro-4-methyl-5-oxo-3propoxy-1H-1,2,4-triazol1-yl)
carboxamidosulfonylbenzoate, sodium salt
(Propoxycarbazone-sodium) (CAS No. 181274–
15–7), 2-[(4,6dimethoxypyrimidin-2ylcarbamoyl)sulfamoyl]-α(methanesulfonamido)-ptoluic acid, methyl ester
(Mesosulfuron-methyl)
(CAS No. 208465–21–8),
and application adjuvants
(provided for in subheading 3808.30.15) .........

Free

No change

No change

On or before
12/31/2009

’’.

SEC. 1348. 2-METHYL-1-[4-(METHYLTHIO)PHENYL]-2-(4-MORPHOLINYL)–
1-PROPANONE.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
‘‘

9902.24.43

SEC.

2-Methyl-1-[4(methylthio)phenyl]-2-(4morpholinyl)–1-propanone
(CAS No. 71868–10–5)
(provided for in subheading 2934.99.39) .........

1349.

Free

No change

No change

On or before
12/31/2009

’’.

1,6-HEXANEDIAMINE, N,N- BIS(2,2,6,6-TETRAMETHYL-4PIPERIDINYL)-, POLYMER WITH 2,4,6-TRICHLORO-1,3,5TRIAZINE, REACTION PRODUCTS WITH N-BUTYL-1BUTANAMINE AND N-BUTYL- 2,2,6,6-TETRAMETHYL-4PIPERIDINAMINE.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

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120 STAT. 3128

‘‘

PUBLIC LAW 109–432—DEC. 20, 2006

9902.24.44

1,6-Hexanediamine, N,Nbis(2,2,6,6-tetramethyl-4piperidinyl)-, polymer
with 2,4,6-trichloro-1,3,5triazine, reaction products
with N-butyl-1butanamine and N-butyl2,2,6,6-tetramethyl-4piperidinamine (CAS No.
192268–64–7) (provided
for in subheading
3911.90.90) ........................

Free

No change

No change

On or before
12/31/2009

’’.

SEC. 1350. VAT BLACK 25.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
‘‘

9902.24.45

Vat Black 25 (CAS No.
4395–53–3) (provided for
in subheading 3204.15.80)

Free

No change

No change

On or before
12/31/2009

’’.

SEC. 1351. ACID ORANGE 162.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
‘‘

9902.24.46

Acid Orange 162 (CAS No.
73612–40–5) (provided for
in subheading 3204.12.45)

Free

No change

No change

On or before
12/31/2009

’’.

SEC. 1352. METHYL SALICYLATE.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
‘‘

9902.24.47

Methyl salicylate (CAS
No. 119–36–8) (provided
for in subheading
2918.23.20) ........................

Free

No change

No change

On or before
12/31/2009

’’.

SEC. 1353. 1,2-OCTANEDIOL.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
‘‘

9902.24.48

1,2-Octanediol (CAS No.
1117–86–8) (provided for
in subheading 2905.39.90)

Free

No change

No change

On or before
12/31/2009

’’.

SEC. 1354. MENTHONE GLYCERIN ACETAL.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
‘‘

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PO 00432

Menthone glycerin acetal
(CAS No. 63187–91–7)
(provided for in subheading 2932.99.90) .........

Frm 00208

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PUBLIC LAW 109–432—DEC. 20, 2006

120 STAT. 3129

SEC. 1355. PONTAMINE GREEN 2B.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
‘‘

9902.24.50

Dyestuff containing as active ingredient 2,7naphthalenedisulfonic
acid, 3,3’[carbonylbis(imino-4,1phenyleneazo)]bis[4amino-5-hydroxy-6(phenylazo)-, tetrasodium
salt (CAS No. 59262–64–
5) (provided for in subheading 3204.14.50) .........

Free

No change

No change

On or before
12/31/2009

’’.

SEC. 1356. BAYDERM BOTTOM 10 UD.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
‘‘

9902.24.51

Aqueous polyurethane dispersions containing 29
percent to 31 percent solids content of hexanedioic
acid, polymer with N-(2aminoethyl)–1,2ethanediamine, 2-butene1,4-diol, 1,6diisocyanatohexane, 1,2ethanediol, 1,3isobenzofurandione,
methyloxirane, oxirane
and sodium hydrogen sulfite, 2-(2butoxyethoxy)ethanolblocked (CAS No. 100486–
94–0) (provided for in subheading 3909.50.50) .........

Free

No change

No change

On or before
12/31/2009

’’.

SEC. 1357. BAYDERM FINISH DLH.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
‘‘

9902.24.52

Hexanedioic acid, polymer
with 1,4-butanediol, 1,6diisocyanatohexane and
1,6-hexanediol, 2-((2aminoethyl)amino)
ethanesulfonic acid, of 38
to 42 percent solids content in aqueous dispersion
(CAS No. 68037–41–2)
(provided for in subheading 3909.50.50) .........

Free

No change

No change

On or before
12/31/2009

’’.

SEC. 1358. LEVAGARD DMPP.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

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120 STAT. 3130

‘‘

PUBLIC LAW 109–432—DEC. 20, 2006

9902.24.53

Dimethyl
propylphosphonate (CAS
No. 18755–43–6) (provided for in subheading
2931.00.90) ........................

Free

No change

No change

On or before
12/31/2009

’’.

SEC. 1359. BAYDERM BOTTOM DLV.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
‘‘

9902.24.54

Aqueous polyurethane dispersions containing 38
percent to 42 percent solids content of propanoic
acid, 3-hydroxy-2(hydroxymethyl)–2-methyl-, polymer with 2-[(2aminoethyl)
amino]ethanesulfonic acid,
monosodium salt, 1,6diisocyanatohexane, diphenyl carbonate, 1,2ethanediamine, 1,6hexanediol, hydrazine,
methyloxirane, oxirane
and 1,2-propanediol, 2-(2butoxyethoxy)ethanolblocked (CAS No. 137898–
95–4) (provided for in subheading 3909.50.50) .........

Free

No change

No change

On or before
12/31/2009

’’.

SEC. 1360. CERTAIN ETHYLENE-VINYL ACETATE COPOLYMERS.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
‘‘

9902.24.55

Ethylene-vinyl acetate copolymers, other than
those in aqueous dispersions, containing 50 percent or more by weight
vinyl acetate monomer
(CAS No. 24937–78–8)
(provided for in subheading 3905.29.00) .........

Free

No change

No change

On or before
12/31/2009

’’.

SEC. 1361. CYAZOFAMID.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
‘‘

9902.24.56

Mixtures of 4-chloro-2cyano-N,N-dimethyl-5-(4methylphenyl)–1H-imidazole-1-sulfonamide
(Cyazofamid) (CAS No.
120116–88–3) and application adjuvants (provided
for in subheading
3808.20.15) ........................

Free

No change

No change

On or before
12/31/2009

’’.

SEC. 1362. FLONICAMID.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

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PUBLIC LAW 109–432—DEC. 20, 2006

‘‘

9902.24.57

N-(Cyanomethyl)–4(trifluoromethyl)–3pyridinecarboxamide
(Flonicamid) (CAS No.
158062–67–0) (provided
for in subheading
2933.39.27) ........................

Free

No change

No change

120 STAT. 3131

On or before
12/31/2009

’’.

SEC. 1363. ZETA-CYPERMETHRIN.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
‘‘

9902.24.58

(S)-Cyano-(3phenoxyphenyl)methyl
(+)cis-3-(2,2dichloroethenyl)–2,2dimethylcyclopropanecarboxylate and (S)-cyano-(3phenoxyphenyl)methyl
(+)trans-3-(2,2dichloroethenyl)–2,2dimethylcyclopropanecarboxylate (Zetacypermethrin) (CAS No.
52315–07–8) (provided for
in subheading 2926.90.30)

Free

No change

No change

On or before
12/31/2009

’’.

SEC. 1364. 2-ETHYLHEXYL 4-METHOXYCINNAMATE.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
‘‘

9902.24.60

2-Ethylhexyl 4methoxycinnamate (CAS
No. 5466–77–3) (provided
for in subheading
2918.90.43) ........................

Free

No change

No change

On or before
12/31/2009

’’.

SEC. 1365. CERTAIN FLAME RETARDANT PLASTICIZERS.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new headings:
‘‘

9902.24.61

Plasticizers containing diphenyl cresyl phosphate
(CAS No. 26444–49–5),
triphenyl phosphate (CAS
No. 115–86–6), tricresyl
phosphate (CAS No.
1330–78–5), and phenyl
dicresyl phosphate (CAS
No. 26446–73–1) (provided for in subheading
3812.20.10) ........................

Free

No change

No change

On or before
12/31/2009

9902.24.62

Phosphoric acid, tris (2ethylhexyl) ester (CAS No.
78–42–2) (provided for in
subheading 2919.00.50) ....

Free

No change

No change

On or before
12/31/2009

’’.

SEC. 1366. BAYPURE DS.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

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120 STAT. 3132

‘‘

PUBLIC LAW 109–432—DEC. 20, 2006

9902.24.63

Polyaspartic acid, sodium
salt, in aqueous solution
(CAS No. 181828–06–8)
(provided for in subheading 3911.90.90) .........

Free

No change

No change

On or before
12/31/2009

’’.

SEC. 1367. BAYOWET C4.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
‘‘

9902.24.64

1,1,2,2,3,3,4,4,4Nonafluorobutanesulfonic
acid, potassium salt (CAS
No. 29420–49–3) (provided for in subheading
2904.90.50) ........................

Free

No change

No change

On or before
12/31/2009

’’.

SEC. 1368. CERTAIN BICYCLE PARTS.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
‘‘

9902.24.65

Bicycle speedometers (provided for in subheading
9029.20.20) ........................

Free

No change

No change

On or before
12/31/2009

’’.

SEC. 1369. OTHER CYCLES.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
‘‘

9902.24.67

Unicycles (provided for in
subheading 8712.00.50) ....

Free

No change

No change

On or before
12/31/2009

’’.

SEC. 1370. CERTAIN BICYCLE PARTS.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
‘‘

9902.24.68

Sets of steel tubing cut to
exact length and each set
having the number of
tubes needed for the assembly (with other parts)
into the frame and fork of
one bicycle (provided for
in subheading 8714.91.50)

Free

No change

No change

On or before
12/31/2009

’’.

SEC. 1371. CERTAIN BICYCLE PARTS.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
‘‘

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Brakes designed for bicycles (other than drum
brakes, caliper and cantilever brakes, and coaster
brakes) and parts thereof
(provided in subheading
8714.94.90) ........................

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PUBLIC LAW 109–432—DEC. 20, 2006

120 STAT. 3133

SEC. 1372. (2-CHLOROETHYL)PHOSPHONIC ACID (ETHEPHON).

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
‘‘

9902.24.73

SEC.

(2-Chloroethyl)phosphonic
acid (Ethephon) (CAS No.
16672–87–0) (provided for
in subheading 2931.00.90)

1373.

Free

No change

No change

On or before
12/31/2009

’’.

PREPARATIONS CONTAINING 2-(1-(((3-CHLORO-2-PROPENYL)OXY)IMINO)PROPYL)–5-(2-(ETHYLTHIO)PROPYL)–3HYDROXY-2-CYCLOHEXENE-1-ONE (CLETHODIM).

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
‘‘

9902.24.74

Preparations containing 2(1-(((3-chloro-2-propenyl)oxy)imino)propyl)–5(2-(ethylthio)propyl)–3-hydroxy-2-cyclohexene-1-one
(Clethodim) (CAS No.
99129–21–2) and application adjuvants (provided
for in subheading
3808.30.20) ........................

Free

No change

No change

On or before
12/31/2009

’’.

SEC. 1374. UREA, POLYMER WITH FORMALDEHYDE (PERGOPAK).

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
‘‘

9902.24.75

Urea, polymer with formaldehyde (Pergopak) (CAS
No. 9011–05–6) (provided
for in subheading
3909.10.00) ........................

Free

No change

No change

On or before
12/31/2009

’’.

SEC. 1375. ORTHO NITROANILINE.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
‘‘

9902.24.76

SEC.

2-Nitroaniline (CAS No.
88–74–4) (provided for in
subheading 2921.42.90) ....

Free

No change

No change

On or before
12/31/2009

’’.

1376.
2,2
-(2,5-THIOPHENEDIYL)BIS(5-(1,1DIMETHYLETHYL)BENZOXAZOLE).

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
‘‘

VerDate 14-DEC-2004

9902.24.77

10:22 Jan 29, 2007

2,2 -(2,5Thiophenediyl)bis(5-(1,1dimethylethyl)benzoxazole) (CAS No.
7128–64–5) (provided for
in subheading 3204.20.80)

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120 STAT. 3134

PUBLIC LAW 109–432—DEC. 20, 2006

SEC. 1377. CERTAIN CHEMICALS AND CHEMICAL MIXTURES.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new headings:
‘‘

9902.24.78

9902.24.79

9902.24.80

9902.24.81

9902.24.82

VerDate 14-DEC-2004

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3-[(2-Chloro-5-thiazolyl)
methyl]tetrahydro-5-methyl-N-nitro-4H-1,3,5oxadiazin-4-imine
(Thiamethoxam) (CAS No.
153719–23–4) (provided
for in subheading
2934.10.90) ........................

Free

No change

No change

On or before
12/31/2009

Mixtures of ( ± )-(cis and
trans)-1-(2-(2,4Dichlorophenyl)-4-propyl1,3-dioxalan-2-yl)methyl)1H-1,2,4-triazole
(Propiconazole) (CAS No.
60207–90–1) and 3-iodo-2propynyl butylcarbamate
(CAS No. 55406–53–6),
and application adjuvants
(provided for in subheading 3808.20.15) .........

Free

No change

No change

On or before
12/31/2009

Mixtures of 4,6-dimethylN-phenyl-2pyrimidinamine
(Pyrimethanil) (CAS No.
53112–28–0), ( ± )–1-[2(2,4-dichlorophenyl)–2-(2propenyloxy)ethyl]-1-Himidazole sulfate (Imazalil
Sulfate) (CAS No. 58595–
72–2) and application adjuvants (provided for in
subheading 3808.20.15) ....

Free

No change

No change

On or before
12/31/2009

( ± )–3-[2-[4-(6-Fluoro-1,2benzisoxazol-3-yl)–1piperidinyl]ethyl]-6,7,8,9tetrahydro-9-hydroxy-2methyl-4H-pyrido[1,2a]pyrimidin-4-one (CAS
No. 144598–75–4) (provided for in subheading
2934.99.39) ........................

Free

No change

No change

On or before
12/31/2009

3-Benzo[b]thien-2-yl-5, 6dihydro-1,4,2-oxathiazine
4-oxide (Bethoxazin) (CAS
No. 163269–30–5) (provided for in subheading
2934.99.12) ........................

Free

No change

No change

On or before
12/31/2009

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PUBLIC LAW 109–432—DEC. 20, 2006

‘‘

9902.24.83

9902.24.84

9902.24.85

4-Bromo-2-(4chlorophenyl)–1(ethoxymethyl)–5(trifluoromethyl)–1Hpyrrole-3-carbonitrile
(Chlorfenapyr) (CAS No.
122453–73–0) (provided
for in subheading
2933.99.17) ........................

Free

No change

No change

On or before
12/31/2009

2-(p-Chlorophenyl)–3cyano-4-bromo-5trifluoromethylpyrrole
(Tralopyril) (CAS No.
122454–29–9) (provided
for in subheading
2933.99.22) ........................

Free

No change

No change

On or before
12/31/2009

Mixtures of 4,6-dimethylN- phenyl-2pyrimidinamine
(Pyrimethanil) (CAS No.
53112–28–0) and application adjuvants (provided
for in subheading
3808.20.15) ........................

Free

No change

No change

On or before
12/31/2009

120 STAT. 3135

’’.

SEC. 1378. ACID RED 414.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
‘‘

9902.24.86

Acid Red 414 (CAS No.
152287–09–7) (provided
for in subheading
3204.12.45) ........................

Free

No change

No change

On or before
12/31/2009

’’.

SEC. 1379. SOLVENT YELLOW 163.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
‘‘

9902.24.87

SEC.

Solvent Yellow 163 (CAS
No. 13676–91–0) (provided for in subheading
3204.19.20) ........................

Free

No change

No change

On or before
12/31/2009

’’.

1380.
4-AMINO-3,6-BIS[[5-[[4-CHLORO-6-[METHYL[2(METHYLAMINO)–2-OXOETHYL]AMINO]-1,3,5-TRIAZIN-2YL]AMINO]-2-SULFOPHENYL]AZO]-5-HYDROXY-2,7NAPHTHALENEDISULFONIC ACID, LITHIUM POTASSIUM
SODIUM SALT.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

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120 STAT. 3136

‘‘

PUBLIC LAW 109–432—DEC. 20, 2006

9902.24.88

4-Amino-3,6-bis[[5-[[4chloro-6-[methyl[2(methylamino)–2oxoethyl]amino]-1,3,5triazin-2-yl]amino]-2sulfophenyl]azo]-5-hydroxy-2,7naphthalenedisulfonic
acid, lithium potassium
sodium salt (CAS No.
205764–96–1) (provided
for in subheading
3204.16.30) ........................

Free

No change

No change

On or before
12/31/2009

’’.

SEC. 1381. REACTIVE RED 123.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
‘‘

9902.24.89

Reactive Red 123 (CAS
No. 85391–83–9) (provided for in subheading
3204.16.20) ........................

Free

No change

No change

On or before
12/31/2009

’’.

SEC. 1382. REACTIVE BLUE 250.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
‘‘

9902.24.90

Reactive Blue 250 (CAS
No. 93951–21–4) (provided for in subheading
3204.16.30) ........................

Free

No change

No change

On or before
12/31/2009

’’.

SEC. 1383. REACTIVE BLACK 5.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
‘‘

9902.24.91

SEC.

Reactive Black 5 (CAS No.
17095–24–8) (provided for
in subheading 3204.16.50)

Free

No change

No change

On or before
12/31/2009

’’.

1384.
5-[(2-CYANO-4-NITROPHENYL)AZO]-2-[[2-(2HYDROXYETHOXY)ETHYL]AMINO]-4-METHYL-6(PHENYLAMINO)–3-PYRIDINECARBONITRILE.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
‘‘

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5-[(2-Cyano-4-nitrophenyl)
azo]-2-[[2-(2hydroxyethoxy)
ethyl]amino]-4-methyl-6(phenylamino)–3pyridinecarbonitrile (CAS
No. 149988–44–3) (provided for in subheading
3204.11.50) ........................

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PUBLIC LAW 109–432—DEC. 20, 2006
SEC.

1385.

120 STAT. 3137

CYANO[3-[(6-METHOXY-2-BENZOTHIAZOLYL)AMINO]-1HISOINDOL-1-YLIDENE]-ACETIC ACID, PENTYL ESTER.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
‘‘

9902.24.94

SEC.

Cyano[3-[(6-methoxy-2benzothiazolyl)amino]-1Hisoindol-1-ylidene]acetic
acid, pentyl ester (CAS
No. 173285–74–0) (provided for in subheading
3204.11.50) ........................

Free

No change

No change

On or before
12/31/2009

’’.

1386.
[(9,10-DIHYDRO-9,10-DIOXO-1,4ANTHRACENEDIYL)BIS[IMINO[3-(2-METHYLPROPYL)–3,1PROPANEDIYL]]]BISBENZENESULFONIC ACID, DISODIUM
SALT.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
‘‘

9902.24.95

SEC.

[(9,10-Dihydro-9,10-dioxo1,4anthracenediyl)bis[imino[3-(2methylpropyl)–3,1propanediyl]]]
bisbenzenesulfonic acid,
disodium salt (CAS No.
72749–90–7) (provided for
in subheading 3204.12.20)

Free

No change

No change

On or before
12/31/2009

’’.

1387.
[4-(2,6-DIHYDRO-2,6-DIOXO-7-PHENYLBENZO[1,2-B:4,5B′]DIFURAN-3-YL)PHENOXY]ACETIC
ACID,
2ETHOXYETHYL ESTER.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
‘‘

9902.24.96

SEC.

[4-(2,6-Dihydro-2,6-dioxo7-phenylbenzo[1,2-b:4,5b′]difuran-3yl)phenoxy]acetic acid, 2ethoxyethyl ester (CAS
No. 126877–05–2) (provided for in subheading
3204.11.35) ........................

Free

No change

No change

On or before
12/31/2009

’’.

1388.
3-PHENYL-7-(4-PROPOXYPHENYL)BENZO[1,2-B:4,5B′]DIFURAN-2,6-DIONE.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
‘‘

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10:22 Jan 29, 2007

3-Phenyl-7-(4propoxyphenyl)benzo[1,2b:4,5-b′]difuran-2,6-dione
(CAS No. 79694–17–0)
(provided for in subheading 3204.11.35) .........

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120 STAT. 3138

PUBLIC LAW 109–432—DEC. 20, 2006

SEC.

1389.
2-[[[2,
5-DICHLORO-4-[(2-METHYL-1H-INDOL-3YL)AZO]PHENYL]SULFONYL]AMINO]-ETHANESULFONIC
ACID, MONOSODIUM SALT.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
‘‘

9902.24.98

2-[[[2, 5-Dichloro-4-[(2methyl-1H-indol-3yl)azo]phenyl]
sulfonyl]amino]ethanesulfonic acid, monosodium salt (CAS No.
68959–19–3) (provided for
in subheading 3204.12.45)

Free

No change

No change

On or before
12/31/2009

’’.

SEC. 1390. 2,7-NAPHTHALENEDISULFONIC ACID, 5-[[4-CHLORO-6-[(3SULFOPHENYL)AMINO]-1,3,5-TRIAZIN-2-YL]AMINO]-4HYDROXY-3-[[4-[[2(SULFOXY)ETHYL]SULFONYL]PHENYL]AZO]-,
SODIUM
SALT.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
‘‘

9902.24.99

SEC.

2,7-Naphthalenedisulfonic
acid, 5-[[4-chloro-6-[(3sulfophenyl)amino]-1,3,5triazin-2-yl]amino]-4-hydroxy-3-[[4-[[2(sulfoxy)ethyl]
sulfonyl]phenyl]azo]-, sodium salt. (CAS No.
78952–61–1) (provided for
in subheading 3204.16.30)

Free

No change

No change

On or before
12/31/2009

’’.

1391.
7-[[2-[(AMINOCARBONYL)AMINO]-4-[[4-[4-[2-[[4-[[3[(AMINOCARBONYL)
AMINO]-4-[(3,6,8-TRISULFO-2NAPHTHALENYL)AZO]PHENYL]AMINO]-6-CHLORO-1,3,5TRIAZIN-2-YL]AMINO]ETHYL]- 1-PIPERAZINYL]-6-CHLORO1,3,5-TRIAZIN-2-YL]AMINO]PHENYL]AZO]-1,3,6NAPHTHALENETRISULFONIC ACID, LITHIUM POTASSIUM
SODIUM SALT.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
‘‘

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7-[[2[(Aminocarbonyl)amino]-4[[4-[4-[2-[[4-[[3[(aminocarbonyl) amino]4-[(3,6,8-trisulfo-2naphthalenyl)
azo]phenyl]amino]-6chloro-1,3,5-triazin-2yl]amino]ethyl]- 1piperazinyl]-6-chloro-1,3,5triazin-2-yl]amino]
phenyl]azo]-1,3,6naphthalenetrisulfonic
acid, lithium potassium
sodium salt (CAS No.
202667–43–4) (provided
for in subheading
3204.16.30) ........................

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PUBLIC LAW 109–432—DEC. 20, 2006
SEC.

120 STAT. 3139

1392.
4-[[3-(ACETYLAMINO)PHENYL]AMINO]-1-AMINO-9,10DIHYDRO-9,10-DIOXO-2-ANTHRACENESULFONIC
ACID,
MONOSODIUM SALT.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
‘‘

9902.25.02

4-[[3(Acetylamino)phenyl]amino]-1-amino9,10-dihydro-9,10-dioxo-2anthracenesulfonic acid,
monosodium salt (CAS
No. 70571–81–2) (provided for in subheading
3204.12.45) ........................

Free

No change

No change

On or before
12/31/2009

’’.

SEC. 1393. [4-[2,6-DIHYDRO-2,6-DIOXO-7-(4-PROPOXYPHENYL)BENZO[1,2B:4,5-B
]DIFURAN-3-YL]PHENOXY]ACETIC
ACID,
2ETHOXYETHYL ESTER.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
‘‘

9902.25.03

[4-[2,6-Dihydro-2,6-dioxo7-(4propoxyphenyl)benzo[1,2b:4,5-b ]difuran-3yl]phenoxy]acetic acid, 2ethoxyethyl ester (CAS
No. 126877–06–3) (provided for in subheading
3204.11.35) ........................

Free

No change

No change

On or before
12/31/2009

’’.

SEC. 1394. BASIC YELLOW 40 CHLORIDE BASED.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
‘‘

9902.25.04

Basic Yellow 40 chloride
based (CAS No. 29556–
33–0) (provided for in subheading 3204.13.10) .........

Free

No change

No change

On or before
12/31/2009

’’.

SEC. 1395. DIRECT YELLOW 119.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
‘‘

9902.25.05

Direct Yellow 119 (CAS
No. 4121–67–9) (provided
for in subheading
3204.14.50) ........................

Free

No change

No change

On or before
12/31/2009

’’.

SEC. 1396. NAUGARD 412S.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

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120 STAT. 3140

‘‘

PUBLIC LAW 109–432—DEC. 20, 2006

9902.25.06

Pentaerythritol tetrakis[3(dodecylthio)propionate]
(CAS No. 29598–76–3)
(provided for in subheading 2930.90.90) .........

Free

No change

No change

On or before
12/31/2009

’’.

SEC. 1397. TRIACETONAMINE.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
‘‘

9902.25.07

2,2,6,6-Tetramethyl-4piperidinone (CAS No.
826–36–8) (provided for in
subheading 2933.39.61) ....

Free

No change

No change

On or before
12/31/2009

’’.

SEC. 1398. IPCONAZOLE.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
‘‘

9902.25.08

2-[(4Chlorophenyl)methyl]-5(1-methylethyl)–1-(1H1,2,4-triazol-1-ylmethyl)
cyclopentanol (Ipconazole)
(CAS No. 125225–28–7)
(provided for in subheading 2933.99.22) .........

Free

No change

No change

On or before
12/31/2009

’’.

SEC. 1399. OMITE TECH.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
‘‘

9902.25.09

2-(4-Tertbutylphenoxy)cyclohexylprop-2-ynyl
sulfite (Propargite) (CAS
No. 2312–35–8) (provided
for in subheading
2920.90.10) ........................

Free

No change

No change

On or before
12/31/2009

’’.

SEC. 1400. PANTERA TECHNICAL.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
‘‘

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(+)-Tetrahydrofurfuryl)(R)-2-[4-(6chloroquinoxalin-2yloxy)phenoxy]propionoate
(Quizalofop p-tefuryl)
(CAS No. 119738–06–6)
(provided for in subheading 2934.99.15) and
any formulations containing such compound
(provided for in subheading 3808.30.15) .........

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PUBLIC LAW 109–432—DEC. 20, 2006

120 STAT. 3141

SEC. 1401. P-TOLUENESULFONYL CHLORIDE.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
‘‘

9902.25.11

p-Toluenesulfonyl chloride
(CAS No. 98–59–9) (provided for in subheading
2904.10.10) ........................

Free

No change

No change

On or before
12/31/2009

’’.

SEC. 1402. PREFORMED PELLETS OF A MIXTURE OF SODIUM IODIDE,
THALLIUM IODIDE, DYSPROSIUM TRI-IODIDE, HOLMIUM
TRI-IODIDE, THULIUM TRI-IODIDE, AND SOMETIMES CALCIUM IODIDE.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
‘‘

9902.25.12

Preformed pellets of a
mixture of sodium iodide,
thallium iodide, dysprosium tri-iodide, holmium
tri-iodide, thulium tri-iodide, and sometimes calcium iodide (CAS Nos.
7681–82–5, 7790–30–9,
15474–63–2, 13813–41–7,
1381–43–9, or 10102–68–
8) (provided for in subheading 2827.60.50) .........

Free

No change

No change

On or before
12/31/2009

’’.

SEC. 1403. P-AMINOBENZAMIDE (4-AMINOBENZAMIDE).

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
‘‘

9902.25.13

p-Aminobenzamide (4aminobenzamide) (CAS
No. 2835–68–9) (provided
for in subheading
2924.29.76) ........................

Free

No change

No change

On or before
12/31/2009

’’.

SEC. 1404. P-CHLOROANILINE.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
‘‘

9902.25.14

p-Chloroaniline (CAS No.
106–47–8) (provided for in
subheading 2921.42.90) ....

Free

No change

No change

On or before
12/31/2009

’’.

SEC. 1405. 4-CHLORO-2-NITROANILINE.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
‘‘

VerDate 14-DEC-2004

9902.25.15

10:22 Jan 29, 2007

4-Chloro-2-nitroaniline
(CAS No. 89–63–4) (provided for in subheading
2921.42.55) ........................

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120 STAT. 3142

PUBLIC LAW 109–432—DEC. 20, 2006

SEC. 1406. O-CHLORO-P-TOLUIDINE (3-CHLORO-4-METHYLANILINE).

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
‘‘

9902.25.16

o-Chloro-p-toluidine (3chloro-4-methylaniline)
(CAS No. 95–74–9) (provided for in subheading
2921.43.90) ........................

Free

No change

No change

On or before
12/31/2009

’’.

SEC. 1407. 2-CHLOROACETOACETANILIDE.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
‘‘

9902.25.17

2-Chloroacetoacetanilide
(CAS No. 93–70–9) (provided for in subheading
2924.29.76) ........................

Free

No change

No change

On or before
12/31/2009

’’.

SEC. 1408. P-ACETOACETANISIDIDE.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
‘‘

9902.25.18

p-Acetoacetanisidide (CAS
No. 5437–98–9) (provided
for in subheading
2924.29.71) ........................

Free

No change

No change

On or before
12/31/2009

’’.

SEC. 1409. 1-HYDROXY-2-NAPHTHOIC ACID.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
‘‘

9902.25.19

1-Hydroxy-2-naphthoic
acid (CAS No. 86–48–6)
(provided for in subheading 2918.29.04) .........

Free

No change

No change

On or before
12/31/2009

’’.

SEC. 1410. PIGMENT GREEN 7 CRUDE, NOT READY FOR USE AS A PIGMENT.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
‘‘

9902.25.20

Copper Phthalocyanine
Green 7, Crude (CAS No.
1328–53–6) (provided for
in subheading 3204.17.90)

Free

No change

No change

On or before
12/31/2009

’’.

SEC. 1411. 1,8-NAPHTHALIMIDE (1H-BENZ[DE]ISOQUINOLINE-1,3(2H)DIONE).

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

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PUBLIC LAW 109–432—DEC. 20, 2006

‘‘

9902.25.21

1,8-Naphthalimide (1Hbenz[de]isoquinoline1,3(2H)-dione) (CAS No.
81–83–4) (provided for in
subheading 2925.19.42) ....

Free

No change

No change

120 STAT. 3143

On or before
12/31/2009

’’.

SEC. 1412. DIISOPROPYL SUCCINATE.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
‘‘

9902.25.22

SEC.

Diisopropyl succinate
(CAS No. 924–88–9) (provided for in subheading
2917.19.70) ........................

Free

No change

No change

On or before
12/31/2009

’’.

1413.
2,4-DI-TERT-BUTYL-6-(5-CHLOROBENZOTRIAZOL-2YL)PHENOL.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
‘‘

9902.25.23

2,4-Di-tert-butyl-6-(5chlorobenzotriazol-2yl)phenol (CAS No. 3864–
99–1) (provided for in subheading 2933.99.12) .........

Free

No change

No change

On or before
12/31/2009

’’.

SEC. 1414. DIRECT BLACK 22.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
‘‘

9902.25.25

SEC.

Direct Black 22 (CAS No.
6473–13–8) (provided for
in subheading 3204.14.50)

Free

No change

1415.
METHYLENE
TETRAMETHYLBUTYLPHENOL.

No change

On or before
12/31/2009

’’.

BIS-BENZOTRIAZOLYL

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
‘‘

9902.25.26

2,2′-Methylenebis[6-(2Hbenzotriazol-2-yl)-4(1,1,3,3tetramethylbutyl)phenol]
(CAS No. 103597–45–1)
(provided for in subheading 3824.90.28) .........

Free

No change

No change

On or before
12/31/2009

’’.

SEC. 1416. BIS-ETHYLHEXYLOXYPHENOL METHOXYPHENOL TRIAZINE.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

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120 STAT. 3144

‘‘

PUBLIC LAW 109–432—DEC. 20, 2006

9902.25.27

2,2′-(6-(4-Methoxyphenyl)1,3,5-triazine-2,4diyl)bis(5-((2ethylhexyl)oxy)phenol)
(CAS No. 187393–00–6)
(provided for in subheading 2933.69.60) .........

Free

No change

No change

On or before
12/31/2009

’’.

SEC. 1417. REACTIVE ORANGE 132.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
‘‘

9902.25.28

Reactive Orange 132 (CAS
No. 149850–31–7) (provided for in subheading
3204.16.30) ........................

Free

No change

No change

On or before
12/31/2009

’’.

SEC. 1418. ACID BLACK 244.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
‘‘

9902.25.29

Acid Black 244 (CAS No.
30785–74–1) (provided for
in subheading 3204.12.45)

Free

No change

No change

On or before
12/31/2009

’’.

SEC. 1419. CERTAIN CORES USED IN REMANUFACTURE.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new headings:
‘‘

9902.25.30

9902.25.31

9902.25.32

Used fuel, lubricating or
cooling medium pumps for
internal combustion piston engines (provided for
in subheading 8413.30.10
or 8413.30.90) ...................
Used compression-ignition
internal combustion piston engines to be installed
in vehicles of subheading
8701.20 or heading 8704
(provided for in subheading 8408.20.20) .........
Used gear boxes for the
vehicles of subheading
8701.20 or heading 8704
(provided for in subheading 8708.40.10) .........

Free

Free

Free

No change

No change

No change

No change

No change

No change

On or before
12/31/2009

......

On or before
12/31/2009

......

On or before
12/31/2009

’’.

SEC. 1420. ADTP.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
‘‘

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9902.25.33

PO 00432

2-Amino-5,8-dimethoxy(1,2,4)triazolo(1,5c)pyrimidine (CAS No.
219715–62–5) (provided
for in subheading
2933.59.95) ........................

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PUBLIC LAW 109–432—DEC. 20, 2006

120 STAT. 3145

SEC. 1421. DCBTF.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
‘‘

9902.25.34

3,4Dichlorobenzotrifluoride
(CAS No. 328–84–7) (provided for in subheading
2903.69.08) ........................

Free

No change

No change

On or before
12/31/2009

’’.

SEC. 1422. NOVIFLUMURON.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
‘‘

9902.25.35

N-[[[3,5-Dichloro-2-fluoro4-(1,1,2,3,3,3hexafluoropropoxy)
phenyl]amino]carbonyl]2,6-difluorobenzamide
(Noviflumuron) (CAS No.
121451–02–3) (provided
for in subheading
2924.29.52) ........................

Free

No change

No change

On or before
12/31/2009

’’.

SEC. 1423. PARACHLOROBENZOTRIFLUORIDE.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
‘‘

9902.25.36

1-Chloro-4(trifluoromethyl) benzene
(CAS No. 98–56–6) (provided for in subheading
2903.69.08) ........................

Free

No change

No change

On or before
12/31/2009

’’.

SEC. 1424. MIXTURES OF INSECTICIDE.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
‘‘

9902.25.37

Mixtures of insecticide
containing gammacyhalothrin ((S)-α-cyano-3phenoxybenzyl (Z)–(1R,
3R)–3-(2-chloro-3,3,3trifluoropropenyl)–2,2-dimethyl
cyclopropanecarboxylate)
as the active ingredient
and application adjuvants
(CAS No. 76703–62–3)
(provided for in subheading 3808.10.25) .........

Free

No change

No change

On or before
12/31/2009

’’.

SEC. 1425. MIXTURE OF FUNGICIDE.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

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120 STAT. 3146

‘‘

PUBLIC LAW 109–432—DEC. 20, 2006

9902.25.38

Mixture of quinoxyfen
(5,7-dichloro-4-(4fluorophenoxyquinoline))
and application adjuvants
(CAS No. 124495–18–7)
(provided for in subheading 3808.20.15) .........

Free

No change

No change

On or before
12/31/2009

’’.

SEC. 1426. 1,2-BENZISOTHIAZOL-3(2H)-ONE.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
‘‘

9902.25.39

1,2-Benzisothiazol-3(2H)one (CAS No. 2634–33–5)
(provided for in subheading 3808.40.10) .........

Free

No change

No change

On or before
12/31/2009

’’.

SEC. 1427. STYRENE, AR-ETHYL-, POLYMER WITH DIVINYLBENZENE
AND STYRENE (6CI) BEADS WITH LOW ASH.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
‘‘

9902.25.40

Styrene, ar-ethyl-, polymer with divinylbenzene
and styrene beads having
low ash content and specifically manufactured for
use as a specialty filler in
lost wax mold casting applications and in a variety
of other specialty filler applications (CAS No. 9052–
95–3) (provided for in subheading 3903.90.50) .........

Free

No change

No change

On or before
12/31/2009

’’.

SEC. 1428. MIXTURES OF FUNGICIDE.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
‘‘

9902.25.41

Mixtures of myclobutanil
(α-Butyl-α-(4chlorophenyl)-1H-1,2,4-triazole-1-propanenitrile,
and application adjuvants
(CAS No. 88671–89–0)
(provided for in subheading 3808.20.15) .........

Free

No change

No change

On or before
12/31/2009

’’.

SEC. 1429. 2-METHYL-4-CHLOROPHENOXY-ACETIC ACID, DI-METHYLAMINE SALT.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
‘‘

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2-Methyl-4-chlorophenoxyacetic acid, dimethylamine
salt (CAS No. 2039–46–5)
(provided for in subheading 2921.11.00) .........

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PUBLIC LAW 109–432—DEC. 20, 2006

120 STAT. 3147

SEC. 1430. CHARGE CONTROL AGENT 7.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
‘‘

9902.25.43

Charge control agent 7
Chromate(1-),bis{1-{(5chloro-2hydroxyphenyl)azo}-2napthalenolato(2-)}-hydrogen (provided for in subheading 2942.00.10) .........

Free

No change

No change

On or before
12/31/2009

’’.

SEC. 1431. PRO-JET BLACK 820 LIQUID FEED.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
‘‘

9902.25.44

Substituted naphthalene
[[substituted pyridinyl
azo] alkoxyphenyl azo]azo,
potassium / sodium salt
(PMN No. P04–390) (provided for in subheading
3204.14.30) ........................

Free

No change

No change

On or before
12/31/2009

’’.

SEC. 1432. PRO-JET MAGENTA M700.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
‘‘

9902.25.45

Nickel [substituted
naphthenyl azo] substituted triazole, sodium
salt (PMN No. P–03–307)
(provided for in subheading 3204.14.30) .........

Free

No change

No change

On or before
12/31/2009

’’.

SEC. 1433. PRO-JET FAST BLACK 287 NA LIQUID FEED.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
‘‘

9902.25.46

Pro-jet fast black 287 NA
liquid feed ([(substituted
naphthalenylazo) substituted naphthalenyl azo]
carboxyphenylene, sodium
salt) (PMN No. P–90–391)
(provided for in subheading 3204.14.30) .........

Free

No change

No change

On or before
12/31/2009

’’.

SEC. 1434. PRO-JET FAST BLACK 286 STAGE.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

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120 STAT. 3148

‘‘

PUBLIC LAW 109–432—DEC. 20, 2006

9902.25.47

Pro-jet fast black 286
stage [(substituted
naphthalenylazo) substituted naphthalenyl azo]
carboxyphenylene, sodium
salt (PMN No. P–90–394)
(provided for in subheading 3204.14.30) .........

Free

No change

No change

On or before
12/31/2009

’’.

SEC. 1435. PRO-JET CYAN 485 STAGE.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
‘‘

9902.25.48

Copper phthalocyanine
substituted with sulphonic
acids and alkyl
sulphonoamides, sodium
salt (PMN No. P–99–105)
(provided for in subheading 3204.14.30) .........

Free

No change

No change

On or before
12/31/2009

’’.

SEC. 1436. PRO-JET BLACK 661 LIQUID FEED.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
‘‘

9902.25.49

Aryl substituted
pyrazonyl [[[substituted
phenyl azo]substituted
naphthenyl] Azo
phenyl]azo, sodium salt
(PMN No. P–03–78) (provided for in subheading
3204.14.30) ........................

Free

No change

No change

On or before
12/31/2009

’’.

SEC. 1437. PRO-JET BLACK CYAN 854 LIQUID FEED.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
‘‘

9902.25.50

Copper phthalocyanine
substituted with sulphonic
acids and alkyl
sulphonoamides, sodium/
ammonium salts (PMN
No. P02–893) (provided
for in subheading
3204.14.30) ........................

Free

No change

No change

On or before
12/31/2009

’’.

SEC. 1438. ERASERS.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
‘‘

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Erasers of vulcanized rubber other than hard rubber or cellular rubber
(provided for in subheading 4016.92.00) .........

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PUBLIC LAW 109–432—DEC. 20, 2006

120 STAT. 3149

SEC. 1439. ARTIFICIAL FLOWERS.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
‘‘

9902.25.65

Artificial flowers of manmade fibers (provided for
in subheading 6702.90.35)

Free

No change

No change

On or before
12/31/2009

’’.

SEC. 1440. SUSPENSION SYSTEM STABILIZER BARS.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘

9902.25.77

Suspension system stabilizer bars of
alloy steel of Japanese JIS grade
SCM525S (26CrMo4) or SCM435H
(34CrMo4), each weighing approximately 42 kg, comprising one rod
measuring approximately 98.8 cm in
length at each end of which is welded
at approximately right angles to a rod
measuring approximately 51 cm in
length (provided for in subheading
8708.99.70), the foregoing designed for
use in Class 7 and 8 trucks only ..........

Free

No change

No change

On or before
12/31/2009

’’.

SEC. 1441. RATTAN WEBBING.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
‘‘

9902.25.78

Rattan webbing (provided
for in subheading
4601.91.20) ........................

Free

No change

No change

On or before
12/31/2009

’’.

SEC. 1442. TRACTOR BODY PARTS.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
‘‘

9902.25.79

Parts and accessories of
bodies (including cabs) for
tractors for agricultural
use (provided for in subheadings 8708.29.10,
8708.29.15, 8708.29.25, or
8708.29.50) ........................

Free

No change

No change

On or before
12/31/2009

’’.

SEC. 1443. AC ELECTRIC MOTORS OF AN OUTPUT EXCEEDING 74.6 W
BUT NOT EXCEEDING 85 W.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

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120 STAT. 3150

‘‘

PUBLIC LAW 109–432—DEC. 20, 2006

9902.85.06

AC electric motors of an output exceeding 74.6 W but not exceeding 85
W, single phase; each equipped with a
capacitor, a speed control mechanism,
a motor mount of plastics and a selfcontained gear mechanism for oscillation (provided for in subheading
8501.40.40) .............................................

Free

No change

No change

On or before
12/31/2009

’’.

SEC. 1444. AC ELECTRIC MOTORS OF AN OUTPUT EXCEEDING 74.6 W
BUT NOT EXCEEDING 105 W.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘

9902.85.07

AC electric motors of an output exceeding 74.6 W but not exceeding 105
W, single phase; each equipped with a
capacitor, a rotary speed control mechanism, and a motor mounting cooling
ring (provided for in subheading
8501.40.40) .............................................

Free

No change

No change

On or before
12/31/2009

’’.

SEC. 1445. AC ELECTRIC MOTORS OF AN OUTPUT EXCEEDING 74.6 W
BUT NOT EXCEEDING 95 W.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘

9902.85.08

AC electric motors of an output exceeding 74.6 W but not exceeding 95
W, single phase, each equipped with a
capacitor and a speed control mechanism (provided for in subheading
8501.40.40) .............................................

Free

No change

No change

On or before
12/31/2009

’’.

SEC. 1446. CERTAIN AC ELECTRIC MOTORS.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘

9902.85.09

AC electric motors of an output exceeding 37.5 W but not exceeding 72
W, single phase; each equipped with a
capacitor, a speed control mechanism,
a motor mount of plastics and a selfcontained gear mechanism for oscillation (provided for in subheading
8501.40.20) .............................................

Free

No change

No change

On or before
12/31/2009

’’.

SEC. 1447. VISCOSE RAYON YARN.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

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PUBLIC LAW 109–432—DEC. 20, 2006

‘‘

9902.54.03

Single yarn of viscose rayon, untwisted
or with a twist not exceeding 120
turns/m (provided for in subheading
5403.31.00) .............................................

Free

No change

No change

120 STAT. 3151

On or before
12/31/2009

’’.

SEC. 1448. CERTAIN TWISTED YARN OF VISCOSE RAYON.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘

9902.54.04

Single yarn of viscose rayon, with a
twist exceeding 120 turns/m (provided
for in subheading 5403.32.00) ..............

Free

No change

No change

On or before
12/31/2009

’’.

SEC. 1449. ALLYL UREIDO MONOMER.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘

9902.06.02

2-Imidazolidinone, 1-(2aminoethyl)-, reaction
product with oxirane, ((2propenyloxy)methyl)(CAS No. 90412–00–3)
(provided for in subheading 2933.29.90) .........

Free

No change

No change

On or before
12/31/2007

’’.

SEC. 1450. SYNTHETIC ELASTIC STAPLE FIBER.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘

9902.55.03

Bi-component
staple
fibers
of
elasterell-p, measuring less than 3.5
decitex (provided for in subheading
5503.20.00) .............................................

Free

No change

No change

On or before
12/31/2009

’’.

SEC. 1451. CERTAIN FIBERGLASS SHEETS.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘

9902.70.19

Thin smooth nonwoven fiberglass
sheets, approximately .0125 inches
thick, comprised principally of glass fibers bound together in a polyvinyl alcohol matrix, of a type primarily used
as acoustical facing for ceiling panels
provided for in subheading 7019.32.00)

Free

No change

No change

On or before
12/31/2009

’’.

SEC. 1452. HALOPHOSPHOR CALCIUM DIPHOSPHATE.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

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120 STAT. 3152

‘‘

PUBLIC LAW 109–432—DEC. 20, 2006

9902.32.33

Halophosphor calcium
diphosphate; inorganic
product of a kind used as
luminophores (CAS No.
7790–76–3) (provided for
in subheading 3206.50.00)

Free

No change

No change

On or before
12/31/2009

’’.

SEC. 1453. CERTAIN RAYON STAPLE FIBERS.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘

9902.55.04

Viscose rayon filaments having a
decitex of less than 5.0 and a multilimbed cross-section, the limbs having
a length-to-width aspect ratio of at
least 2:1 (provided for in subheading
5504.10.00) .............................................

Free

No change

No change

On or before
12/31/2008

’’.

SEC. 1454. SYNTHETIC QUARTZ OR FUSED SILICA PHOTOMASK SUBSTRATES.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘

9902.70.60

Synthetic fused silica (100 percent
SiO2) photomask blank substrates in
squares having a surface area of 150
cm2 or more but not over 522 cm2 and
a thickness of 2.2 mm or more but not
over 6.45 mm (provided for in subheading 7006.00.40) ...............................

Free

No change

No change

On or before
12/31/2008

’’.

SEC. 1455. CERTAIN INTEGRATED MACHINES FOR MANUFACTURING
PNEUMATIC TIRES.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
‘‘

9902.84.10

Machines for molding or
forming pneumatic tires,
the forgoing containing in
a single housing both
components for processing
rubber, for positioning
and assembling tire components (including but not
limited to belts, cords, and
other reinforcing materials) and for curing
‘‘green tires’’ to produce
finished pneumatic tires
of heading 4011; parts of
such machines (including
molds); or molds entered
separately (provided for in
8477.59.80, 8477.90.85, or
8480.71.80, respectively) ..

Free

No change

No change

On or before
12/31/2009

’’.

SEC. 1456. TRAMWAY CARS.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new headings:

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PUBLIC LAW 109–432—DEC. 20, 2006

‘‘

9902.26.01

9902.26.02

120 STAT. 3153

Tramway cars imported
pursuant to contract by or
on behalf of the City of
Seattle (provided for in
subheading 8603.10.00) ....

Free

No change

No change

On or before
12/31/2009

Parts imported pursuant
to contract by or on behalf
of the City of Seattle, to
be used in the tramway
cars described in heading
9902.26.01, whether or
not such parts are principally used as parts of
such articles and whether
or not covered by a specific provision within the
meaning of additional
United States rule of interpretation 1(c) (however:
provided for in the tariff
schedule) ............................

Free

No change

No change

On or before
12/31/2009

’’.

SEC. 1457. CERTAIN ARTIFICIAL FILAMENT SINGLE YARN (OTHER
THAN SEWING THREAD).

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘

9902.26.12

Artificial filament single yarn (other
than sewing thread), not put up for retail sale, of viscose rayon, untwisted or
with a twist not exceeding 120 turns/m
(provided for in subheading 5403.31) ...

Free

No change

No change

On or before
12/31/2009

’’.

SEC. 1458. CERTAIN ELECTRICAL TRANSFORMERS RATED AT 25VA.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘

9902.85.05

120 volt/60 Hz electrical transformers,
each with dimensions of 77 mm by 61
mm by 50 mm, containing a layered
and uncut round core with two balanced bobbins, the foregoing rated at
25VA (provided for in subheading
8504.31.40) .............................................

Free

No change

No change

On or before
12/31/2009

’’.

SEC. 1459. CERTAIN ELECTRICAL TRANSFORMERS RATED AT 40VA.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘

VerDate 14-DEC-2004

9902.85.06

10:22 Jan 29, 2007

120 volt/60 Hz electrical transformers,
each with dimensions of 80 mm by 71
mm by 59 mm, containing a layered
and uncut round core with two balanced bobbins, the foregoing rated at
40VA (provided for in subheading
8504.31.40) .............................................

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120 STAT. 3154

PUBLIC LAW 109–432—DEC. 20, 2006
CHAPTER 2—REDUCTIONS

SEC. 1461. FLOOR COVERINGS AND MATS OF VULCANIZED RUBBER.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
‘‘

9902.25.54

Floor coverings and mats
of vulcanized rubber (provided for in subheading
4016.91.00) ........................

2.17%

No change

No change

On or before
12/31/2009

’’.

SEC. 1462. MANICURE AND PEDICURE SETS.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
‘‘

9902.25.55

Manicure and pedicure
sets, and combinations
thereof, whether or not
shrink-wrapped for retail
display, the foregoing
other than such sets or
combinations in leather
cases or other immediate
cases or containers (provided for in subheading
8214.20.90) ........................

2.3%

No change

No change

On or before
12/31/2009

’’.

SEC. 1463. NITROCELLULOSE.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
‘‘

9902.25.56

Cellulose nitrate (nitrocellulose) (CAS No. 9004–
70–0) (provided for in subheading 3912.20.00) .........

4.4%

No change

No change

On or before
12/31/2009

’’.

SEC. 1464. SULFENTRAZONE TECHNICAL.

Subchapter II of chapter 99 of the Harmonized Tariff Schedule
of the United States is amended by inserting in numerical sequence
the following new heading:

‘‘

9902.25.57

N-[2,4-Dichloro-5-[4(difluoromethyl)-4,5dihydro-3-methyl-5-oxo1H-1,2,4-triazol-1yl]phenyl]methanesulfonamide (Sulfentrazone)
(CAS No. 122836–35–5)
(provided for in subheading 2935.00.75) .........

1.2%

No change

No change

On or before
12/31/2009

’’.

SEC. 1465. CLOCK RADIO COMBOS.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

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PUBLIC LAW 109–432—DEC. 20, 2006

‘‘

9902.25.58

Radiobroadcast receivers
capable of operating without an external source of
power, incorporating a
clock or clock timer (provided for in subheading
8527.19.50) ........................

0.7%

No change

No change

120 STAT. 3155

On or before
12/31/2009

’’.

SEC. 1466. THIAMETHOXAM TECHNICAL.

(a) CALENDAR YEARS 2007–2008.—
(1) IN GENERAL.—Heading 9902.03.11 of the Harmonized
Tariff Schedule of the United States (relating to Thiamethoxam
Technical) is amended—
(A) by striking ‘‘3.0%’’ and inserting ‘‘Free’’; and
(B) by striking ‘‘12/31/2009’’ and inserting ‘‘12/31/2008’’.
(2) EFFECTIVE DATE.—The amendments made by paragraph
(1) shall take effect on January 1, 2007.
(b) CALENDAR YEAR 2009.—
(1) IN GENERAL.—Heading 9902.03.11, as amended by subsection (a), is further amended—
(A) by striking ‘‘Free’’ and inserting ‘‘1.8%’’; and
(B) by striking ‘‘12/31/2008’’ and inserting ‘‘12/31/2009’’.
(2) EFFECTIVE DATE.—The amendments made by paragraph
(1) shall take effect on January 1, 2009.
SEC. 1467. STAPLE FIBERS OF VISCOSE RAYON, NOT CARDED, COMBED,
OR OTHERWISE PROCESSED FOR SPINNING.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘

9902.25.59

Staple fibers of viscose rayon, not
carded, combed, or otherwise processed for spinning (provided for in
subheading 5504.10.00) .......................

3.4%

No change

No change

On or before
12/31/2009

’’.

SEC. 1468. CERTAIN MEN’S FOOTWEAR COVERING THE ANKLE WITH
COATED OR LAMINATED TEXTILE FABRICS.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

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120 STAT. 3156

‘‘

PUBLIC LAW 109–432—DEC. 20, 2006

9902.25.60

Men’s footwear (except
vulcanized footwear and
footwear with waterproof
molded bottoms, including
bottoms comprising an
outer sole and all or part
of the upper), valued over
$20/pair, covering the
ankle, whose height from
the bottom of the outer
sole to the top of the
upper does not exceed 8
inches (20.32 cm), designed to be worn in lieu
of, but not over, other
footwear as a protection
against water, oil, grease
or chemicals or cold or inclement weather where
such protection includes
protection against water
that is imparted by the
use of a coated or laminated textile fabric (provided for in subheading
6404.19.20) ........................

12.8%

No change

No change

On or before
12/31/2009

’’.

SEC. 1469. CERTAIN FOOTWEAR NOT COVERING THE ANKLE WITH
COATED OR LAMINATED TEXTILE FABRICS.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
‘‘

9902.25.61

Men’s footwear (except
vulcanized footwear and
footwear with waterproof
molded bottoms, including
bottoms comprising an
outer sole and all or part
of the upper), valued over
$20/pair, not covering the
ankle, designed to be
worn in lieu of, but not
over, other footwear as a
protection against water,
oil, grease or chemicals or
cold or inclement weather
where such protection includes protection against
water that is imparted by
the use of a coated or laminated textile fabric (provided for in subheading
6404.19.20) ........................

15.2%

No change

No change

On or before
12/31/2009

’’.

SEC. 1470. ACRYLIC OR MODACRYLIC SYNTHETIC STAPLE FIBERS, NOT
CARDED, COMBED, OR OTHERWISE PROCESSED FOR
SPINNING.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
‘‘

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Acrylic or modacrylic staple fibers, not carded,
combed, or otherwise processed for spinning (provided for in subheading
5503.30.00) ........................

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PUBLIC LAW 109–432—DEC. 20, 2006

120 STAT. 3157

SEC. 1471. CERTAIN WOMEN’S FOOTWEAR.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
‘‘

9902.25.63

Footwear for women with
outer soles of rubber or
plastics and uppers of textile materials other than
of vegetable fibers, with
open toes or open heels or
of the slip-on type (provided for in subheading
6404.19.30) ........................

1.5%

No change

No change

On or before
12/31/2009

’’.

SEC. 1472. NUMEROUS OTHER SEALS MADE OF RUBBER OR SILICONE,
AND COVERED WITH, OR REINFORCED WITH, A FABRIC
MATERIAL.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘

9902.25.64

Seals of textile material or fabric
covering or reinforcing a core of rubber or silicone, the foregoing designed for use in airplanes (provided
for in subheading 5911.90.00) ...........

3.0%

No change

No change

On or before
12/31/2009

’’.

SEC. 1473. TETRAKIS.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
‘‘

9902.25.65

Tetrakis(2,4-di-tertbutylphenyl) 4,4’biphenyldiphosphinate
(CAS No. 38613–77–3)
(provided for in subheading 2931.00.30) .........

3.6%

No change

No change

On or before
12/31/2009

’’.

SEC. 1474. GLYCINE, N,N-BIS[2-HYDROXY-3-(2-PROPENYLOXY)PROPYL], MONOSODIUM SALT, REACTION PRODUCTS WITH AMMONIUM HYDROXIDE AND PENTAFLUOROIODOETHANETETRAFLUOROETHYLENE TELOMER.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
‘‘

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10:22 Jan 29, 2007

Glycine, N,N-bis[2-hydroxy-3-(2propenyloxy)propyl]-,
monosodium salt, reaction
products with ammonium
hydroxide and
pentafluoroiodoethanetetrafluoroethylene
telomer (CAS number
220459–70–1) (provided
for in subheading
3809.92.50) ........................

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120 STAT. 3158

PUBLIC LAW 109–432—DEC. 20, 2006

SEC. 1475. DIETHYL KETONE.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
‘‘

9902.25.67

Diethyl ketone (CAS No.
96–22–0) (provided for in
subheading 2914.19.00) ....

1.3%

No change

No change

On or before
12/31/2009

’’.

SEC. 1476. ACEPHATE.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
‘‘

9902.25.68

O,S-Dimethyl
acetylphosphoramidothioate (Acephate) (CAS No.
30560–19–1) (provided for
in subheading 2930.90.44)

1.8%

No change

No change

On or before
12/31/2009

’’.

SEC. 1477. FLUMIOXAZIN.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
‘‘

9902.25.69

2-[7-Fluoro-3,4-dihydro-3oxo-4-(2-propynyl)–2H-1,4benzoxazin-6-yl]-4,5,6,7tetrahydro-1H-isoindole1,3(2H)-dione
(Flumioxazin)(CAS No.
103361–09–7) (provided
for in subheading
2934.99.15) ........................

5.3%

No change

No change

On or before
12/31/2009

’’.

SEC. 1478. GARENOXACIN MESYLATE.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
‘‘

9902.25.70

1-Cyclopropyl-8(difluoromethoxy)–7[(1R)–1-methyl-2,3dihydro-1H-5-isoindolyl]4-oxo-1,4dihydroquinoline-3-carboxylic acid
monoethanesulfonate
monohydrate
(Garenoxacin mesylate)
(CAS No. 223652–90–2)
(provided for in subheading 2933.49.26) .........

3.1%

No change

No change

On or before
12/31/2009

’’.

SEC. 1479. BUTYLATED HYDROXYETHYLBENZENE.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
‘‘

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2,6-Di-tert-butyl-4ethylphenol (CAS No.
4130–42–1) (provided for
in subheading 2907.19.20)

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PUBLIC LAW 109–432—DEC. 20, 2006

120 STAT. 3159

SEC. 1480. CERTAIN AUTOMOTIVE CATALYTIC CONVERTER MATS.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
‘‘

9902.25.72

Catalytic converter mats
of ceramic fibers containing over 65 percent by
weight of aluminum oxide,
the foregoing 4.7625 mm
or more in thickness, in
bulk, sheets or rolls and
designed for motor vehicles of heading 8703 (provided for in subheading
6806.10.00) ........................

1.5%

No change

No change

On or before
12/31/2009

’’.

SEC. 1481. 3,3′-DICHLOROBENZIDINE DIHYDROCHLORIDE.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
‘‘

9902.25.73

3,3′-Dichlorobenzidine
dihydrochloride ([1,1′biphenyl]-4,4′-diamino,
3,3′-dichloro-) (CAS No.
612–83–9) (provided for in
subheading 2921.59.80) ....

5.9%

No change

No change

On or before
12/31/2009

’’.

SEC. 1482. TMC114.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
‘‘

9902.25.74

3-[4Aminobenzensulfonyl)isobutylamino]-1-[benzyl2-hydroxypropyl]carbamic
acid, hexahydrofuro[2,3b]furan-3-yl ester
ethanolate (CAS No.
206361–99–1) (provided
for in subheading
2932.99.61) ........................

6.4%

No change

No change

On or before
12/31/2009

’’.

SEC. 1483. BIAXIALLY ORIENTED POLYPROPYLENE DIELECTRIC FILM.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
‘‘

9902.25.75

Biaxially oriented polypropylene film, certified
by the importer as intended for use in capacitors and as produced from
solvent-washed low ash
content (<50 ppm) polymer resin (CAS No. 9003–
07–0) (provided for in subheading 3920.20.00) .........

3.7%

No change

No change

On or before
12/31/2009

’’.

SEC. 1484. BIAXIALLY ORIENTED POLYETHYLENE TEREPHTHALATE
DIELECTRIC FILM.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

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120 STAT. 3160

‘‘

PUBLIC LAW 109–432—DEC. 20, 2006

9902.25.76

Biaxially oriented polyethylene terephthalate
film, certified by the importer as intended for use
in capacitors and as produced from solventwashed low ash content
(<300 ppm) polymer resin
(CAS No. 25038–59–9)
(provided for in subheading 3920.62.00) .........

3.4%

No change

No change

On or before
12/31/2009

’’.

SEC. 1485. CERTAIN BICYCLE PARTS.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
‘‘

9902.24.66

Child carriers, chain tension adjustors, chain covers, mechanical grips with
2.223 cm internal diameter, air horns, wide-angle
reflectors, saddle covers of
plastics, chain tensioners,
toe clips, head sets or seat
posts, all the foregoing designed for use on bicycles
(provided for in subheading 8714.99.80) .........

9.2%

No change

No change

On or before
12/31/2009

’’.

SEC. 1486. CERTAIN BICYCLE PARTS.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
‘‘

9902.24.69

Bicycle wheel rims (provided for in subheading
8714.92.10) ........................

1.8%

No change

No change

On or before
12/31/2009

’’.

SEC. 1487. BIFENTHRIN.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
‘‘

9902.24.72

(2-Methyl[1,1’-biphenyl]-3yl)methyl-3-(2-chloro3,3,3-trifluoro-1-propenyl)–2,2dimethylcyclopropanecarboxylate (Bifenthrin) (CAS
No. 82657–04–3) (provided for in subheading
2916.20.50) ........................

0.7%

No change

No change

On or before
12/31/2009

’’.

SEC. 1488. REDUCED VAT 1.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
‘‘

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Reduced Vat 1 (CAS No.
207692–02–2) (provided
for in subheading
3204.15.40) ........................

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PUBLIC LAW 109–432—DEC. 20, 2006

120 STAT. 3161

SEC. 1489. 4-CHLOROBENZONITRILE.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
‘‘

9902.25.24

p-Chlorobenzonitrile (CAS
No. 623–03–0) (provided
for in subheading
2926.90.14) ........................

1.5%

No change

No change

On or before
12/31/2009

’’.

SEC. 1490. NAIL CLIPPERS AND NAIL FILES.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
‘‘

9902.25.52

Nail nippers and clippers
and nail files (provided for
in subheading 8214.20.30)

3.2%

No change

No change

On or before
12/31/2009

’’.

SEC. 1491. ELECTRIC AUTOMATIC SHOWER CLEANERS.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
‘‘

9902.98.08

Electromechanical bath or
shower cleaner devices,
each designed to dispense
a dilute solution of bleach
substitutes and detergents
using a button-activated,
battery-powered piston
pump controlled by a
microchip to release a
measured quantity of such
solution (provided for in
subheading 8509.80.00) ....

2.1%

No change

No change

On or before
12/31/2009

’’.

SEC. 1492. MESOTRIONE TECHNICAL.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
‘‘

9902.25.80

2-[4-(Methylsulfonyl)–2nitrobenzoyl]-1,3cyclohexanedione
(Mesotrione) (CAS No.
104206–82–8) (provided
for in subheading
2930.90.10) ........................

6.04%

No change

No change

On or before
12/31/2006

’’.

SEC. 1493. CERTAIN CRANK-GEAR AND OTHER BICYCLE PARTS.

Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
‘‘

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10:22 Jan 29, 2007

Crank-gear and parts
thereof (other than
cotterless-type crank sets
and parts thereof) (provided for in subheading
8714.96.90) ........................

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120 STAT. 3162

PUBLIC LAW 109–432—DEC. 20, 2006

Subtitle B—Existing Suspensions and
Reductions
SEC. 1501. EXTENSIONS OF EXISTING SUSPENSIONS AND OTHER MODIFICATIONS.

(a) EXTENSIONS.—Each of the following headings is amended
by striking the date in the effective period column and inserting
‘‘12/31/2009’’:
(1)
Heading
9902.02.29
(relating
to
10,10′oxybisphenoxarsine).
(2) Heading 9902.84.88 (relating to certain manufacturing
equipment).
(3)
Heading
9902.02.48
(relating
to
1,5Naphthalenedisulfonic
acid,
2-[[8[[4-[[3-[[[2(ethenylsulfonyl)ethyl] amino]carbonyl]phenyl]amino]-6-fluoro1,3,5-triazin2-yl]amino]-1-hydroxy3,6-disulfo-2naphthalenyl]azo]-, tetrasodium salt (CAS No. 116912–36–8)
(provided for in subheading 3204.16.30).
(4) Heading 9902.02.47 (relating to cuprate(3-), [2-[[[[3-[[4[[2-[2(ethenylsulfonyl)ethoxy]ethyl]amino]-6-fluoro-1,3,5triazin-2-yl]amino]-2-(hydroxy-κ.o)-5-sulfophenyl]azoκ.n2]phenylmethyl]azo-κ.n1]-4-sulfobenzoato(5-)-κ.o],
trisodium).
(5)
Heading
9902.02.44
(relating
to
2,7naphthalenedisulfonic acid, 5-[[4-chloro-6-[[2-[[4-fluoro-6-[[5hydroxy-6-[(4-methoxy-2-sulfophenyl)azo]-7-sulfo-2naphthalenyl]amino]-1,3,5-triazin-2-yl]
amino]-1methylethyl]amino]-1,3,5-triazin-2-yl]amino]-3-[[4(ethenylsulfonyl)phenyl]azo]-4-hydrox′-, sodium salt).
(6)
Heading
9902.02.46
(relating
to
7,7′-[1,3propanediylbis[imino(6-fluoro-1,3,5-triazine-4,2-diyl)imino[2[(aminocarbonyl)amino]-4,1-phenylene]azo]]bis-, sodium salt).
(7) Heading 9902.03.79 (relating to thiophanate-methyl fungicide 70 percent wettable powder).
(8) Heading 9902.84.81 (relating to certain manufacturing
equipment).
(9) Heading 9902.84.91 (relating to certain sawing
machines).
(10) Heading 9902.84.85 (relating to certain extruders used
in the production of radial tires).
(11) Heading 9902.84.83 (relating to certain manufacturing
equipment).
(12) Heading 9902.28.20 (relating to ammonium bifluoride).
(13) Heading 9902.05.05 (relating to p-acetanisole).
(14) Heading 9902.04.15 (relating to mixture (1:1) of
polyricinoleic
acid
homopolymer,
3(dimethylamino)propylamide, dimethylsulfate, quaternized and
polyricinoleic acid).
(15)
Heading
9902.03.21
(relating
to
12hydroxyoctadecanoic acid, reaction product with N,N-dimethyl1,3-propanediamine, dimethyl sulfate, quaternized).
(16) Heading 9902.03.24 (relating to 2-oxepanone, polymer
with aziridine and tetrahydro-2H-pyran-2-one, dodecanoate
ester).
(17) Heading 9902.02.49 (relating to p-(trifluoromethyl
benzaldehyde)).

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PUBLIC LAW 109–432—DEC. 20, 2006

120 STAT. 3163

(18) Heading 9902.32.22 (relating to Pigment Red 187).
(19) Heading 9902.32.72 (relating to Solvent Blue 104).
(20) Heading 9902.29.73 (relating to 4-amino-2,5dimethoxy-N-phenylbenzene sulfonamide).
(21) Heading 9902.02.25 (relating to electrical radio broadcast receivers not combined with a clock).
(22) Heading 9902.02.24 (relating to electrical radio broadcast receivers combined with a clock).
(23) Heading 9902.02.23 (relating to hand-held radio scanners).
(24) Heading 9902.01.36 (relating to sodium methylate
powder).
(25) Heading 9902.01.41 (relating to allyl isosulfocyanate).
(26) Heading 9902.02.87 (relating to asulam sodium salt).
(27) Heading 9902.01.92 (relating to ink jet textile printing
machinery).
(28) Heading 9902.04.21 (relating to Cyan 1 special liquid
feed).
(29) Heading 9902.04.19 (relating to Fast Yellow 2 Stage).
(30)
Heading
9902.29.91
(relating
to
methyl-4trifluoromethoxyphenyl-N-(chlorocarbonyl)).
(31) Heading 9902.01.85 (relating to certain epoxy molding
compounds).
(32) Heading 9902.01.14 (relating to 5-MPDC).
(33) Heading 9902.01.60 (relating to 2-mercaptoethanol).
(34) Heading 9902.01.61 (relating to bifenazate).
(35) Heading 9902.01.59 (relating to terrazole).
(36) Heading 9902.03.89 (relating to artichokes prepared
or preserved otherwise than by vinegar or acetic acid, not
frozen).
(37) Heading 9902.01.62 (relating to fluoropolymers containing 95 percent or more by weight of the 3 monomer units
tetrafluoroethylene, hexafluoropropylene, and vinylidene fluoride).
(38) Heading 9902.33.63 (relating to 3-(ethylsulfonly)-2pyridinesulfonamide).
(39) Heading 9902.03.22 (relating to 40 percent polymer
acid salt/polymer amide 60 percent butyl acetate).
(40) Heading 9902.01.55 (relating to (Z)–(1RS,3RS)–3-(2chloro-3,3,3-trifluoro-1-propenyl)–2,2dimethylcyclopropanecarboxylic acid).
(41) Heading 9902.01.57 (relating to (S)-alpha-hydroxy-3phenoxybenzeneacetonitrile).
(42) Heading 9902.02.98 (relating to polytetramethylene
ether glycol).
(43) Heading 9902.02.99 (relating to cis-3-hexen-1-ol).
(44) Heading 9902.01.75 (relating to Acid Black 172).
(45) Heading 9902.01.76 (relating to 9,10-anthracenedione,
1,5-dihydroxy-4-nitro-8-(phenylamino)
and
9,10anthracenedione, 1,8-dihydroxy-4-nitro-5-(phenylamino)-).
(46) Heading 9902.05.22 (relating to fenpropathrin).
(47) Heading 9902.01.64 (relating to 2-azetidinone, 1-(4fluorophenyl)–3-[(3S)–3-(4-fluorophenyl)–3-hydroxypropyl]-4-(4hydroxyphenyl)-, (3R,4S)–(ezetimibe)).
(48) Heading 9902.01.38 (relating to p-methylacetophenone).

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120 STAT. 3164

PUBLIC LAW 109–432—DEC. 20, 2006
(49)
Heading
9902.01.35
(relating
to
2phenylbenzimidazole-5-sulfonic acid).
(50) Heading 9902.05.04 (relating to methyl cinnamate).
(51) Heading 9902.01.43 (relating to thymol).
(52) Heading 9902.01.40 (relating to menthyl anthranilate).
(53) Heading 9902.01.42 (relating to 5-methyl-2(methylethyl)cyclohexyl-2-hydroxypropanoate).
(54) Heading 9902.29.25 (relating to 2-phenylphenol).
(55) Heading 9902.38.10 (relating to mixtures of sodium
salts).
(56) Heading 9902.01.47 (relating to helium).
(57) Heading 9902.03.87 (relating to certain 12V lead-acid
storage batteries).
(58) Heading 9902.01.01 (relating to bitolylene diisocyanate
(TODI)).
(59) Heading 9902.04.14 (relating to 1,1’-(methylimino)
dipropan-2-ol).
(60) Heading 9902.28.01 (relating to thionyl chloride).
(61) Heading 9902.02.14 (relating to Mondur P).
(62) Heading 9902.02.16 (relating to P-phenylphenol).
(63) Heading 9902.32.12 (relating to DEMT).
(64) Heading 9902.02.15 (relating to Bayowet FT–248).
(65) Heading 9902.29.23 (relating to PNTOSA).
(66) Heading 9902.04.03 (relating to Baysilone Fluid).
(67) Heading 9902.32.62 (relating to iron chloro-5,6diamino-1,3-naphthalenedisulfonate complexes).
(68) Heading 9902.32.85 (relating to bis(4-fluorophenyl)
methanone).
(69) Heading 9902.29.37 (relating to polymethine photosensitizing dyes).
(70) Heading 9902.29.07 (relating to 4-hexylresorcinol).
(71) Heading 9902.85.42 (relating to certain cathode ray
tubes).
(72) Heading 9902.85.41 (relating to certain cathode ray
tubes).
(73) Heading 9902.32.14 (relating to 2-methyl-4,6bis[(octylthio)methyl]phenol).
(74) Heading 9902.32.30 (relating to 4-[[4,6-bis(octylthio)–
1,3,5-traizine-2-yl]amino]-2,6-bis(1,1-dimethylethyl)phenol).
(75) Heading 9902.03.51 (relating to Disperse Blue 77).
(76) Heading 9902.01.65 (relating to p-cresidine sulfonic
acid).
(77) Heading 9902.01.66 (relating to 2,4 disulfo benzaldehyde).
(78) Heading 9902.01.68 (relating to benzenesulfonic acid,
3-[(ethylphenylamino) methyl]-).
(79)
Heading
9902.01.67
(relating
to
mhydroxybenzaldehyde).
(80) Heading 9902.02.38 (relating to 2 amino 5 sulfobenzoic
acid).
(81) Heading 9902.02.37 (relating to 2-amino-6-nitrophenol4-sulfonic acid).
(82) Heading 9902.02.39 (relating to 2,5 bis benzene sulfonic acid).
(83) Heading 9902.02.40 (relating to 4 [(4 amino phenyl)
azo] benzene sulfonic acid, monosodium salt).

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PUBLIC LAW 109–432—DEC. 20, 2006

120 STAT. 3165

(84) Heading 9902.02.41 (relating to 4-[(4-aminophenyl)
azo] benzenesulfonic acid).
(85) Heading 9902.05.03 (relating to trimethyl cyclo
hexanol).
(86) Heading 9902.01.39 (relating to 2,2-dimethyl-3-(3methylphenyl)proponal).
(87) Heading 9902.29.08 (relating to 3-amino-5-mercapto1,2,4-triazole).
(88) Heading 9902.32.92 (relating to β-bromo-βnitrostyrene).
(89) Heading 9902.32.90 (relating to diiodomethyl-ptolylsulfone).
(90) Heading 9902.02.95 (relating to 2-propenoic acid,
polymer with diethenylbenzene).
(91) Heading 9902.29.59 (relating to N-butyl-N-ethyl-α,α,αtrifluoro-2,6-dinitro-p-toluidine).
(92) Heading 9902.29.17 (relating to 2,6-dichloroaniline).
(93)
Heading
9902.02.85
(relating
to
3,
4dichlorobenzonitrile).
(94) Heading 9902.29.58 (relating to O,O-diethyl
phosphorochlorodothioate).
(95)
Heading
9902.02.92
(relating
to
1,2benzenedicarboxaldehyde).
(96) Heading 9902.33.92 (relating to 2,2-dithiobis(8-fluoro5-methoxy)–1,2,4-triazolo[1,5-c] pyrimidine).
(97) Heading 9902.29.26 (relating to 1,3-dimethyl-2imidazolidinone).
(98) Heading 9902.02.96 (relating to N-[3-(1-ethyl-1methylpropyl)–5-isoxazolyl]-2,6-dimethoxybenzamide
(isoxaben)).
(99) Heading 9902.02.90 (relating to halofenozide).
(100) Heading 9902.02.89 (relating to propanamide, N-(3,
4-dichlorophenyl)-.
(101) Heading 9902.29.61 (relating to quinoline).
(102) Heading 9902.05.17 (relating to tebufenozide).
(103) Heading 9902.02.93 (relating to mixed isomers of
1,3-dichloropropene).
(104) Heading 9902.29.16 (relating to 4,4-dimethoxy-2butanone).
(105) Heading 9902.02.94 (relating to methacrylamide).
(106) Heading 9902.32.87 (relating to fenbuconazole).
(107) Heading 9902.29.02 (relating to 2-acetylnicotinic
acid).
(108) Heading 9902.29.06 (relating to diphenyl sulfide).
(109) Heading 9902.02.12 (relating to difenacanazole).
(110) Heading 9902.84.89 (relating to certain manufacturing equipment).
(b) EXTENSIONS AND OTHER MODIFICATIONS.—
(1) SNOWBOARD BOOTS.—Heading 9902.64.04 is amended—
(A) by striking the article description and inserting
the following: ‘‘Ski boots, cross country ski footwear or
snowboard boots, the foregoing valued over $12/pair, with
outer soles of rubber, plastics, leather or composition
leather and uppers of textile materials (provided for in
subheading 6404.11.90)’’;
(B) by striking ‘‘4%’’ and inserting ‘‘Free’’; and
(C) by striking ‘‘12/31/2006’’ and inserting ‘‘12/31/2009’’.

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PUBLIC LAW 109–432—DEC. 20, 2006
(2) BENTAZON.—Heading 9902.05.10 (relating to Bentazon)
is amended—
(A) by striking ‘‘(bentazon, sodium salt)’’ and inserting
‘‘(Bentazon, sodium salt)’’; and
(B) by striking ‘‘12/31/2006’’ and inserting ‘‘12/31/2009’’.
(3) METHYL N-(2-[[1-(4-CHLOROPHENYL)-1H-PYRAZOL-3-YL]OXYMETHYL]PHENYL)-N-METHOXYCARBANOSE
(PYRACLOSTROBIN).—Heading 9902.01.21 (relating to methyl N(2-[[1-(4-chlorophenyl)-1H-pyrazol-3-yl]oxymethyl]phenyl)-Nmethoxycarbanose (Pyraclostrobin)) is amended—
(A) by striking the article description and inserting
the following: ‘‘Methyl N-(2-[[1-(4-chlorophenyl)pyrazol-3yl]oxymethyl]phenyl)-(N-methoxy)carbamate
(Pyraclostrobin) (CAS No. 175013-18-0) (provided for in
subheading 2933.19.23)’’;
(B) by striking ‘‘Free’’ and inserting ‘‘6%’’; and
(C) by striking ‘‘12/31/2006’’ and inserting ‘‘12/31/2009’’.
(4) EXTENSION AND MODIFICATION RELATING TO COMBED
CASHMERE.—
(A) IN GENERAL.—Heading 9902.03.01 (relating to yarn
of combed Kashmir (cashmere) or yarn of camel hair) is
amended by striking the date in the effective period column
and inserting ‘‘12/31/2009’’.
(B) OTHER MODIFICATIONS.—Heading 9902.03.02 is
amended—
(i) by striking ‘‘of 6 run or finer (equivalent to
19.35 metric yarn system)’’ and inserting ‘‘of 19.35
metric yarn count or finer’’; and
(ii) by striking ‘‘12/31/2006’’ and inserting ‘‘12/31/
2009’’.
(5) FLUOROBENZENE.—Heading 9902.03.05 (relating to
fluorobenzene) is amended—
(A) by striking ‘‘2903.69.70’’ and inserting ‘‘2903.69.80’’;
and
(B) by striking ‘‘12/31/2006’’ and inserting ‘‘12/31/2009’’.
(6) CERTAIN NEUTRALIZED PHOSPHATED POLYESTER
POLYMER.—Heading 9902.03.25 (relating to 50 percent amine
neutralized phosphated polyester polymer) is amended—
(A) by striking ‘‘50 percent solvesso 100’’ and inserting
‘‘in solvesso 100’’;
(B) by striking ‘‘P–99–1218,’’; and
(C) by striking ‘‘12/31/2006’’ and inserting ‘‘12/31/2009’’.
(7) VINCLOZOLIN.—Heading 9902.01.19 (relating to
Vinclozolin) is amended—
(A) by striking ‘‘oxazolidineidione (vinclozolin)’’ and
inserting ‘‘oxazolidinedione (Vinclozolin)’’; and
(B) by striking ‘‘12/31/2006’’ and inserting ‘‘12/31/2009’’.
(8) FAST YELLOW 746 STAGE.—Heading 9902.04.26 (relating
to Fast Yellow 746 Stage) is amended—
(A) by striking ‘‘Bipyridirium’’ and inserting
‘‘Bipyridinium’’;
(B) by inserting ‘‘(Fast Yellow 746 Stage)’’ after ‘‘salt’’;
and
(C) by striking ‘‘12/31/2006’’ and inserting ‘‘12/31/2009’’.
(9) YELLOW 1 STAGE.—Heading 9902.04.24 (relating to Yellow 1 Stage) is amended—
(A) by inserting ‘‘(Yellow 1 Stage)’’ after ‘‘salt’’; and

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PUBLIC LAW 109–432—DEC. 20, 2006

120 STAT. 3167

(B) by striking ‘‘12/31/2006’’ and inserting ‘‘12/31/2009’’.
(10) MAGENTA 3B–OA STAGE.—Heading 9902.04.28 (relating
to magenta 3B–OA stage) is amended—
(A) by inserting ‘‘(Magenta 3B–OA Stage)’’ after ‘‘salts’’;
and
(B) by striking ‘‘12/31/2006’’ and inserting ‘‘12/31/2009’’.
(11) CERTAIN ARTICHOKES.—Heading 9902.03.90 (relating
to artichokes prepared or preserved by vinegar or acetic acid)
is amended—
(A) by striking ‘‘7.5%’’ and inserting ‘‘7.9%’’; and
(B) by striking ‘‘12/31/2006’’ and inserting ‘‘12/31/2009’’.
(12) TEXTURED ROLLED GLASS SHEETS.—Heading 9902.70.03
(relating to textured rolled glass sheets) is amended—
(A) by striking ‘‘Free’’ and inserting ‘‘0.7%’’; and
(B) by striking ‘‘12/31/2003’’ and inserting ‘‘12/31/2009’’.
(13) MAGNESIUM ALUMINUM HYDROXIDE CARBONATE
HYDRATE.—Heading 9902.05.32 is amended—
(A) by inserting ‘‘(CAS No. 12539–23–0)’’ after ‘‘organic
fatty acid’’; and
(B) by striking ‘‘12/31/2006’’ and inserting ‘‘12/31/2009’’.
(14) MIXTURES OF SODIUM SALTS.—Heading 9902.29.83 is
amended—
(A) by inserting ‘‘, whether or not in water’’ after
‘‘iminodisuccinic acid’’; and
(B) by striking ‘‘12/31/2006’’ and inserting ‘‘12/31/2009’’.
(15) A CERTAIN ULTRAVIOLET DYE.—Heading 9902.28.19 is
amended—
(A) by inserting ‘‘(CAS No. 313482–99–4)’’ after ‘‘methyl ester’’; and
(B) by striking ‘‘12/31/2006’’ and inserting ‘‘12/31/2009’’.
(16) CARFENTRAZONE.—Heading 9902.01.54 is amended—
(A) by striking ‘‘4.9%’’ and inserting ‘‘Free’’; and
(B) by striking ‘‘12/31/2006’’ and inserting ‘‘12/31/2009’’.
(17) CERTAIN EDUCATIONAL DEVICES.—Heading 9902.85.43
is amended—
(A) by striking ‘‘1.67%’’ and inserting ‘‘0.55%’’; and
(B) by striking ‘‘12/31/2006’’ and inserting ‘‘12/31/2009’’.
(18) CYHALOFOP.—Heading 9902.02.86 is amended—
(A) by striking ‘‘Free’’ and inserting ‘‘1.5%’’; and
(B) by striking ‘‘12/31/2006’’ and inserting ‘‘12/31/2009’’.
(19) α,α,α-TRIFLUORO-2,6-DINITRO-p-TOLUIDINE.—Heading
9902.05.33 is amended—
(A) by striking ‘‘Free’’ and inserting ‘‘2.6%’’; and
(B) by striking ‘‘12/31/2006’’ and inserting ‘‘12/31/2009’’.
(20) CERTAIN MIXTURES OF FLORASULAM.—Heading
9902.02.88 is amended—
(A) by striking ‘‘Free’’ and inserting ‘‘1.5%’’; and
(B) by striking ‘‘12/31/2006’’ and inserting ‘‘12/31/2009’’.
(21)
METHOXYFENOZIDE.—Heading
9902.32.93
is
amended—
(A) by striking ‘‘Free’’ and inserting ‘‘1.0%’’; and
(B) striking ‘‘12/31/2006’’ and inserting ‘‘12/31/2009’’.
(22) MYCLOBUTANIL.—Heading 9902.02.91 is amended—
(A) by striking ‘‘1.9%’’ and inserting ‘‘3.0%’’; and
(B) by striking ‘‘12/31/2006’’ and inserting ‘‘12/31/2009’’.
(23) FLUOROXYPYR.—Heading 9902.29.77 is amended—
(A) by striking ‘‘1.5%’’ and inserting ‘‘2.5%’’; and

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120 STAT. 3168

PUBLIC LAW 109–432—DEC. 20, 2006
(B) by striking ‘‘12/31/2006’’ and inserting ‘‘12/31/2009’’.
(24) PRO-JET BLACK 263 STAGE.—Heading 9902.03.09 is
amended—
(A) by striking the article description and inserting
‘‘[[Substituted naphthalenylazol] alkoxyl phenyl azo]
carboxyphenylene, lithium salt (PMN No. P–00–351) (provided for in subheading 3204.14.30)’’; and
(B) by striking ‘‘12/31/2006’’ and inserting ‘‘12/31/2009’’.
(25) ETHALFLURALIN.—Heading 9902.30.49 is amended—
(A) by inserting ‘‘(Ethalfluralin)’’ after ‘‘benzenamine’’;
and
(B) by striking ‘‘12/31/2006’’ and inserting ‘‘12/31/2009’’.
(26) DIRECT BLACK 175.—Heading 9902.03.56 is amended
by striking ‘‘subheading 3204.12.50’’ and inserting ‘‘subheading
3204.14.50’’.
(27) CERTAIN ORGANIC PIGMENTS AND DYES.—Heading
9902.32.07 is amended—
(A) by inserting ‘‘, and excluding the dyestuff bearing
the CAS No. 6359–10–0’’ after ‘‘fluorescent pigments and
dyes’’; and
(B) by striking ‘‘12/31/2006’’ and inserting ‘‘12/31/2009’’.
(28) COPPER 8-HYDROXYQUINOLINE (OXINE COPPER).—
Heading 9902.02.31 is amended—
(A) in the article description, by striking ‘‘Copper 8quinolinolate (oxine copper)’’ and inserting ‘‘Copper 8hydroxyquinoline (oxine copper)’’; and
(B) by striking ‘‘12/31/2006’’ and inserting ‘‘12/31/2009’’.

Subtitle C—Effective Date
SEC. 1511. EFFECTIVE DATE.

Except as otherwise provided in this title, the amendments
made by this title apply to goods entered, or withdrawn from
warehouse for consumption, on or after the date that is 15 days
after the date of enactment of this Act.

TITLE II—RELIQUIDATIONS
SEC. 2001. RELIQUIDATION OF CERTAIN ENTRIES OF CERTAIN SMALL
DIAMETER CARBON AND ALLOY SEAMLESS STANDARD,
LINE AND PRESSURE PIPE FROM ROMANIA.
Deadline.

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12:03 Feb 27, 2007

(a) RELIQUIDATION OF ENTRIES.—Notwithstanding sections 514
and 520 of the Tariff Act of 1930 (19 U.S.C. 1514 and 1520)
or any other provision of law, the Bureau of Customs and Border
Protection shall, not later than 90 days after the date of the enactment of this Act—
(1) reliquidate the entries of certain small diameter carbon
and alloy seamless standard, line and pressure pipe from
Romania produced by S.C. Silcotub S.A. (Silcotub), imported
by Duferco Steel, Inc., listed in subsection (b) in accordance
with the final results of the antidumping duty administrative
review of the Department of Commerce (68 Fed. Reg. 12672
(March 17, 2003)) and Message No. 3087205, dated March
28, 2003, issued by the Bureau of Customs and Border Protection; and

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(2) refund any antidumping duties with interest which
were previously paid on such entries not later than 90 days
after the date of reliquidation.
(b) AFFECTED ENTRIES.—The entries referred to in subsection
(a) are the following:
Entry number

Date of entry

558–1171537–8 .....................
558–2014403–2 .....................

01/20/01
07/24/00

Port
Houston
Mobile

SEC. 2002. CERTAIN ENTRIES OF PASTA.

Deadlines.

(a) IN GENERAL.—Notwithstanding section 514 of the Tariff
Act of 1930 (19 U.S.C. 1514) or any other provision of law, the
Bureau of Customs and Border Protection of the Department of
Homeland Security shall, not later than 90 days after the receipt
of the request described in subsection (b), liquidate or reliquidate
each entry described in subsection (d) in accordance with Department of Commerce case A–475–818 for the period 7/1/2001 through
6/30/2002 under Customs Service message numbered 4068201.
(b) REQUESTS.—Liquidation or reliquidation may be made under
subsection (a) with respect to an entry described in subsection
(d) only if a request therefor is filed with the Bureau of Customs
and Border Protection within 90 days after the date of the enactment of this Act.
(c) PAYMENT OF AMOUNTS OWED.—Any amounts owed by the
United States pursuant to the liquidation or reliquidation of an
entry under subsection (a) shall be paid not later than 90 days
after the date of such liquidation or reliquidation.
(d) ENTRIES.—The entries referred to in subsection (a) are
the following:
Entry number

Date of entry

Date of liquidation

FD630105373
FD630105399
FD630105415
FD630110282
FD630110274
FD630110860
FD630112338
FD630115208
FD630114128
FD630114110
FD630116537
FD630122402
FD630123533
FD630126577
FD630129712
FD630132088
FD630133987
FD630134043
FD630136972
FD630136998
FD630136980
FD630137806
FD630137822
FD630137814

07/06/2001
07/06/2001
07/06/2001
07/26/2001
07/26/2001
07/30/2001
08/09/2001
08/15/2001
08/15/2001
08/21/2001
08/22/2001
09/26/2001
10/03/2001
10/17/2001
10/31/2001
11/20/2001
11/29/2001
12/05/2001
12/14/2001
12/14/2001
12/14/2001
12/14/2001
12/27/2001
12/27/2001

11/22/2002
11/22/2002
11/22/2002
11/22/2002
11/22/2002
11/22/2002
11/22/2002
11/22/2002
11/22/2002
11/22/2002
11/22/2002
11/22/2002
11/22/2002
11/22/2002
11/22/2002
11/22/2002
11/22/2002
11/22/2002
11/22/2002
11/22/2002
11/22/2002
11/22/2002
11/22/2002
11/22/2002

SEC. 2003. CLARIFICATION OF RELIQUIDATION PROVISION.

(a) INCLUSION OF INTEREST.—The term ‘‘any amounts owed’’
in section 1511(b) of the Miscellaneous Trade and Technical Corrections Act of 2004 (118 Stat. 2542; Public Law 108–429), includes
interest accrued from the date of deposit of duties made in connection with entries described in section 1511(c) of that Act, to the

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Deadline.

Deadlines.

PUBLIC LAW 109–432—DEC. 20, 2006

date of the reliquidation of the entries pursuant to section 1511
of that Act.
(b) RELIQUIDATIONS WITH INTEREST.—Notwithstanding section
514 of the Tariff Act of 1930 (19 U.S.C. 1514) or any other provision
of law, to the extent that the entries listed in section 1511(d)
of the Act referred to in subsection (a) were reliquidated by the
Bureau of Customs and Border Protection, before the date of the
enactment of this Act, without the payment of interest required
under subsection (a), the Bureau shall, within 90 days after the
date of the enactment of this Act, reliquidate the affected entries
with the interest required under subsection (a), calculated at the
interest rates provided for in section 505(c) of the Tariff Act of
1930 (19 U.S.C. 1505(c)).
SEC. 2004. RELIQUIDATION OF CERTAIN DRAWBACK CLAIM.

(a) IN GENERAL.—Notwithstanding section 514 of the Tariff
Act of 1930 (19 U.S.C. 1514) or any other provision of law, the
Bureau of Customs and Border Protection shall, not later than
90 days after the date of the enactment of this Act, liquidate
or reliquidate the drawback claim described in subsection (c).
(b) PAYMENT OF AMOUNTS DUE.—Any amounts due pursuant
to the liquidation or reliquidation of the claim described in subsection (c) shall be paid not later than 90 days after the date
of such liquidation or reliquidation.
(c) DRAWBACK CLAIM.—The drawback claim referred to in subsection (a) is the following: drawback claim number, AA6–0303556–
6, filed on December 2, 1997.
SEC. 2005. PAYMENT OF INTEREST ON AMOUNTS OWED PURSUANT
TO RELIQUIDATION OF CERTAIN ENTRIES.

Deadline.

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(a) AMENDMENTS.—Sections 1404(b), 1405(b), and subsection
(c) of each of sections 1408 through 1411 of the Tariff Suspension
and Trade Act of 2000 (Public Law 106–476; 19 U.S.C. 1654 note)
and subsection (c) of each of sections 1517 through 1536 of the
Miscellaneous Trade and Technical Corrections Act of 2004 (Public
Law 108-429; 19 U.S.C. 1654 note) are amended by inserting ‘‘,
with interest provided for by law on the liquidation or reliquidation
of the entries,’’ after ‘‘under subsection (a)’’.
(b) RELIQUIDATION AND PAYMENT OF INTEREST.—Not later than
90 days after the date of the enactment of this Act, the Commissioner of the Bureau of Customs and Border Protection of the
Department of Homeland Security shall—
(1) reliquidate each of the entries specified in the provisions
of law amended by subsection (a); and
(2) provide payment of interest owed by the United States
by reason of the amendments made by subsection (a) for the
period beginning on the date of deposit of estimated duties
and ending on the date of reliquidation under paragraph (1).

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TITLE III—TECHNICAL CORRECTIONS
AND OTHER PROVISIONS
Subtitle A—Technical Corrections
SEC. 3001. AMENDMENTS TO THE HTS.

(a) CORRECTIONS TO THE COLUMN 1 SPECIAL RATE OF DUTY
COLUMN.—Each of the following headings is amended by striking
‘‘Free’’ in the column 1 special rate of duty column and inserting
‘‘No change’’:
(1) Heading 9902.01.59.
(2) Heading 9902.01.60.
(3) Heading 9902.01.61.
(4) Heading 9902.01.86.
(5) Heading 9902.01.87.
(6) Heading 9902.01.90.
(7) Heading 9902.01.91.
(8) Heading 9902.03.20.
(9) Heading 9902.03.40.
(10) Heading 9902.03.41.
(11) Heading 9902.03.43.
(12) Heading 9902.04.05.
(13) Heading 9902.04.06.
(14) Heading 9902.04.07.
(15) Heading 9902.05.18.
(16) Heading 9902.05.19.
(17) Heading 9902.05.21.
(18) Heading 9902.05.35.
(19) Heading 9902.28.01.
(20) Heading 9902.29.03.
(b) CORRECTIONS TO THE COLUMN 2 RATE OF DUTY COLUMN.—
Each of the following headings is amended by striking ‘‘Free’’ in
the column 2 rate of duty column and inserting ‘‘No change’’:
(1) Heading 9902.03.78.
(2) Heading 9902.05.08.
(3) Heading 9902.05.09.
(4) Heading 9902.05.10.
(c) ADDITIONAL CORRECTIONS.—
(1) The article description for heading 9902.01.12 is
amended—
(A) by striking ‘‘32846–21–2), acid red’’ and inserting
‘‘66786–14–5), acid red’’; and
(B) by striking ‘‘67786–14–5) (provided for’’ and
inserting ‘‘32846–21–2) (provided for’’.
(2) Heading 9902.01.49 is amended to read as follows:

‘‘

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9902.01.49

10:22 Jan 29, 2007

(S)-α,-Cyano-3phenoxybenzyl
(1R,3R)-3-(2,2dibromovinyl)-2,2-dimethyl cyclo- propanecarb- oxylate
(Deltamethrin) (CAS No. 52918–63–5)
in bulk or unmixed in forms or
packings for retail sale (provided for in
subheading 2926.90.30 or 3808.10.25).

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PUBLIC LAW 109–432—DEC. 20, 2006
(3) The article description for heading 9902.01.61 is
amended by striking ‘‘methoxy-[1,1-’’ and inserting ‘‘methoxy[1,1′-’’.
(4) The article description for heading 9902.01.69 is
amended—
(A) by striking ‘‘2-8 percent water’’ and inserting ‘‘28 percent by weight of water’’; and
(B) by striking ‘‘denier’’ and inserting ‘‘decitex’’.
(5) The article description for heading 9902.01.75 is
amended—
(A) by striking ‘‘Acid black 194’’ and inserting ‘‘Acid
Black 172’’; and
(B) by striking ‘‘subheading 3204.12.20’’ and inserting
‘‘subheading 3204.12.45’’.
(6) The article description for heading 9902.01.90 is
amended by striking ‘‘between 4 and 68’’ and inserting ‘‘from
4 through 68’’.
(7) The article description for heading 9902.01.91 is
amended by striking ‘‘between 4 and 68’’ and inserting ‘‘from
4 through 68’’.
(8) Heading 9902.02.17 is amended to read as follows:

‘‘

9902.02.17

Boots with outer
soles and uppers of
rubber, extending
above the ankle but
below the knee, specifically designed for
horseback riding,
and having a spur
rest on the heel
counter (provided for
in subheading
6401.92.90) ...............

Free

No change

No change

On or before
12/31/2009

’’.

(9) The article description for heading 9902.02.28 is
amended—
(A) by striking ‘‘polymide’’ and inserting ‘‘polyimide’’;
and
(B) by striking ‘‘3911.90.35 or’’.
(10) The article description for heading 9902.02.59 is
amended by striking ‘‘A mixture’’ and inserting ‘‘Mixture’’.
(11) The article description for heading 9902.02.65 is
amended—
(A) by striking ‘‘bis(3’’ and inserting ‘‘bis(3′′’’; and
(B) by striking ‘‘4-amino-)’’ and inserting ‘‘4-amino-))’’.
(12) The article description for headings 9902.84.81,
9902.84.83, 9902.84.85, 9902.84.88, and 9902.84.89 are each
amended—
(A) by inserting ‘‘4011.62.00,’’ after ‘‘4011.61.00,’’; and
(B) by striking ‘‘or parts thereof’’ and inserting ‘‘and
parts thereof’’.
(13) The article description for heading 9902.03.40 is
amended by striking ‘‘subheading 2835.29.50’’ and inserting
‘‘subheading 2931.00.30’’.
(14) Heading 9902.03.60 (relating to acid black 172) is
repealed.
(15) The article description for heading 9902.03.99 is
amended by striking ‘‘subheading 2933.99.12’’ and inserting
‘‘subheading 2933.99.22’’.

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120 STAT. 3173

(16) Heading 9902.04.02 is amended to read as follows:
‘‘

9902.04.02

Polysiloxane, dimethyl (CAS No.
63148–62–9) solution, greater than 85
percent, with less than 15 percent paraffin (mineral) oil (CAS No 8042–47–
5), less than 5 percent magnesium stearate (CAS No. 557–04–0) and less
than 5 percent finely dispersed metal
ethoxylated phosphoric ester (provided
for in subheading 3910.00.00) ..............

Free

No change

No change

On or before
12/31/2006

’’.

(17) Heading 9902.05.21 is repealed.
(18) Heading 9902.05.29 is amended to read as follows:
‘‘

9902.05.29

3-[2-Chloro-4(trifluoromethyl)phenoxy]benzoic
acid, sodium salt
(CAS No. 95251–52–
8) (provided for in
subheading
2918.90.43) ...............

Free

No change

No change

On or before
12/31/2006

’’.

(19) Heading 9902.29.26 is amended by striking the chemical name in the article description and inserting ‘‘1,3-Dimethyl2-imidazolidinone’’.
(20) The article description for heading 9902.84.14 (relating
to ceiling fans) is amended by striking ‘‘8414.51.00’’ and
inserting ‘‘8414.51.30’’.
(21) The article description for heading 9902.86.11 is
amended by striking ‘‘specifications each, having’’ and inserting
‘‘specifications, each having’’.
SEC. 3002. TECHNICAL CORRECTION TO THE TARIFF ACT OF 1930.

Section 516A(g)(1)(B) of the Tariff Act of 1930 (19 U.S.C.
151a(g)(1)(B)) is amended by striking ‘‘or (vi)’’ and inserting ‘‘(vi),
or (vii)’’.

19 USC 1516a.

SEC. 3003. AMENDMENTS TO THE PENSION PROTECTION ACT OF 2006.

(a) IN GENERAL.—Subtitle A of chapter 1 of title XIV of the
Pension Protection Act of 2006 (Public Law 109–280) is amended—
(1) in section 1412—
(A) by striking ‘‘vehicles provided for in’’ and inserting
‘‘vehicles of’’; and
(B) by striking ‘‘in that’’ and inserting ‘‘over’’;
(2) in section 1413, by amending the article description
to read as follows: ‘‘Acrylic or modacrylic filament tow (provided
for in subheading 5501.30.00)’’;
(3) in section 1414, by amending the article description
to read as follows: ‘‘Acrylic or modacrylic staple fibers, carded
combed or otherwise processed for spinning (provided for in
subheading 5506.30.00)’’;
(4) in section 1418, by striking ‘‘vinegar’’ and inserting
‘‘vinegar,’’;
(5) in section 1420, by striking ‘‘vinegar’’ and inserting
‘‘vinegar,’’;
(6) in section 1433, by striking ‘‘90–04–4’’ and inserting
‘‘90–04–0’’;
(7) in section 1456, by striking ‘‘2929.90.20’’ and inserting
‘‘2928.00.25’’;

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Ante, p. 1114.

Ante, p. 1115.

Ante, p. 1115.

Ante, p. 1116.
Ante, p. 1116.
Ante, p. 1119.
Ante, p. 1123.

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PUBLIC LAW 109–432—DEC. 20, 2006
(8) in section 1510, by inserting ‘‘in solvents’’ after ‘‘Hexane,
1,6-diisocyanato-,
homopolymer,
3,5-dimethyl-1H-pyrazoleblocked’’;
(9) in section 1511, by amending the article description
to read as follows: ‘‘Polyisocyanate cross linking agent products
containing triphenylmethane triisocyanate in solvents (provided
for in subheading 3824.90.28)’’;
(10) in section 1518, by striking ‘‘4402.12.80’’ and inserting
‘‘4202.12.80’’;
(11) in section 1542, by striking ‘‘hair’’ and inserting ‘‘hair,’’;
(12) in section 1548, by striking ‘‘107’’ and inserting ‘‘10-7’’;
(13) in section 1549, by striking ‘‘107’’ and inserting ‘‘10-7’’;
(14) in section 1555, by striking ‘‘2933.39.91’’ and inserting
‘‘2933.39.20’’;
(15) in section 1572, by striking ‘‘, rubber, or synthetic’’
and inserting ‘‘or rubber’’;
(16) in section 1597—
(A) in the heading, by striking ‘‘WORK FOOTWEAR’’
and inserting ‘‘HOUSE SLIPPERS’’; and
(B) by striking ‘‘; Sports footwear; tennis shoes, basketball shoes, gym shoes, training shoes and the like, all
the foregoing with outer soles of rubber or plastics and
uppers of textile materials for women (provided for in subheading 6404.11.20)’’;
(17) in section 1598, by striking ‘‘50 mm’’ and inserting
‘‘60 mm’’;
(18) in section 1605—
(A) in the article description, by striking ‘‘Device’’ and
inserting ‘‘Display’’; and
(B) in the heading, by striking ‘‘DEVICE’’ and inserting
‘‘DISPLAY’’;
(19) in section 1606—
(A) in subsection (a), by striking ‘‘facilities’’ and
inserting ‘‘facilities,’’; and
(B) in subsection (b), by striking ‘‘reactors’’ and
inserting ‘‘reactors,’’;
(20) by adding at the end of such subtitle the following:

Ante, p. 1135.

Ante, p. 1135.

Ante, p. 1136.
Ante, p. 1141.
Ante, p. 1142.
Ante, p. 1143.
Ante, p. 1144.
Ante, p. 1149.
Ante, p. 1155.

Ante, p. 1155.
Ante, p. 1156.

Ante, p. 1156.

‘‘SEC. 1607. CERTAIN SPORTS FOOTWEAR FOR WOMEN.

‘‘Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:
‘‘

Ante, p. 1160.

Ante, p. 780.

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9902.90.01

Sports footwear; tennis
shoes, basketball shoes,
gym shoes, training shoes
and the like, all the foregoing with outer soles of
rubber or plastics and uppers of textile materials
for women (provided for in
subheading 6404.11.20) ....

Free

No change

No change

On or before
12/31/2009

’’

; and
(21) in section 1621, by striking ‘‘December 31, 2006’’ and
inserting ‘‘March 31, 2007’’.
(b) APPLICABILITY.—The amendments made by subsection (a)
shall apply as if included in the enactment of the Pension Protection
Act of 2006 (Public Law 109–280).

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PUBLIC LAW 109–432—DEC. 20, 2006

120 STAT. 3175

SEC. 3004. NMSBA

(a) IN GENERAL.—Section 1434 (b) and (c) of the Miscellaneous
Trade and Technical Corrections Act of 2004 (Public Law 108–
429; 118 Stat. 2524) are amended to read as follows:
‘‘(b) CALENDAR YEAR 2005.—
‘‘(1) IN GENERAL.—Heading 9902.05.30, as added by subsection (a), is amended—
‘‘(A) by striking ‘‘0.28%’’ and inserting ‘‘0.16%’’; and
‘‘(B) by striking ‘‘On or before 12/31/2004’’ and inserting
‘‘On or before 12/31/2005’’.
‘‘(2) APPLICABILITY.—The amendments made by paragraph
(1) shall apply to goods entered on or after January 1, 2005,
and before January 1, 2006.
‘‘(c) CALENDAR YEARS 2006 THROUGH 2008.—
‘‘(1) IN GENERAL.—Heading 9902.05.30, as added by subsection (a) and amended by subsection (b), is further amended—
‘‘(A) by striking ‘‘0.16%’’ and inserting ‘‘1.1%’’; and
‘‘(B) by striking ‘‘On or before 12/31/2005’’ and inserting
‘‘on or before 12/31/2008’’.
‘‘(2) APPLICABILITY.—The amendments made by paragraph
(1) shall apply to goods entered on or after January 1, 2006.’’.
(b) EFFECTIVE DATE.—
(1) IN GENERAL.—The amendment made by this section
shall take effect as if included in the enactment of section
1434 of the Miscellaneous Trade and Technical Corrections
Act of 2004 (Public Law 108–429).
(2) RETROACTIVE APPLICATION.—Notwithstanding section
514 of the Tariff Act of 1930 (19 U.S.C. 1514) or any other
provision of law, upon proper request filed with the Bureau
of Customs and Border Protection before the 90th day after
the date of the enactment of this Act, any entry, or withdrawal
from warehouse for consumption, of any good—
(A) that was made on or after January 1, 2005 and
before the date of the enactment of this Act; and
(B) with respect to which there would have been a
lower rate of duty if the amendment made by this subsection applied to such entry or withdrawal, shall be liquidated or reliquidated as if such amendment applied to
such entry or withdrawal.
SEC. 3005. CERTAIN MONOCHROME GLASS ENVELOPES.

(a) AMENDMENT TO SUBHEADING 7011.20.40.—The article
description of subheading 7011.20.40 is amended to read as follows:
‘‘Monochrome glass envelopes, the foregoing certified by the
importer as being for actual use in automatic data processing
machine data or graphic display cathode ray tubes’’.
(b) CONFORMING AMENDMENTS.—(1) Subheading 7011.20.40, as
amended by subsection (a), is redesignated as subheading
7011.20.45.
(2) Subheading 7011.20.80 is redesignated as subheading
7011.20.85.
(3) Heading 9902.02.97 is amended in the article description
column by striking ‘‘7011.20.80’’ and inserting ‘‘7011.20.85’’.
(c) STAGED RATE REDUCTIONS.—Any staged rate reduction of
a rate of duty proclaimed by the President before the date of
the enactment of this Act, that—

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120 STAT. 3176

PUBLIC LAW 109–432—DEC. 20, 2006
(1) would take effect on or after such date of enactment;
and

(2) would, but for the amendment made by subsection
(b)(2), apply to subheading 7011.20.80,
applies to the corresponding rate of duty set forth in subheading
7011.20.85 (as added by subsection (b)(2)).
SEC. 3006. FLEXIBLE MAGNETS AND COMPOSITE GOODS CONTAINING
FLEXIBLE MAGNETS.

(a) IN GENERAL.—Chapter 85 is amended by striking subheadings 8505.19.10, 8505.19.20, and 8505.19.30 and inserting the
following new subheadings, with the article description for subheading 8505.19 having the same degree of indentation as the
article description for subheading 8505.11.00:

‘‘

8505.19
8505.19.10

Other:
Flexible magnets ...........

4.9%

Free (A, AU,
BH, CA, CL, E,
IL, J, JO, MA,
MX, P, SG)

45%

8505.19.20

Composite goods containing flexible magnets

4.9%

45%

Other ..............................

4.9%

Free (A, AU,
BH, CA, CL, E,
IL, J, JO, MA,
MX, P, SG)
Free (A, AU,
BH, CA, CL, E,
IL, J, JO, MA,
MX, P, SG)

8505.19.30

45%

’’.

19 USC 1654
note.

(b) STAGED RATE REDUCTIONS.—Any staged reduction of a rate
of duty proclaimed by the President before the date of the enactment
of the Miscellaneous Trade and Technical Corrections Act of 2004
(Public Law 108–429), that—
(1) takes effect on or after such date of enactment; and
(2) would, but for the amendment made by this section,
apply to subheading 8505.19, applies to the corresponding rate
of duty set forth in subheadings 8505.19.10, 8505.19.20, and
8505.19.30 of such Schedule (as added by subsection (a)).
(c) APPLICABILITY.—The amendments made by this section shall
take effect as if included in the enactment of the Miscellaneous
Trade and Technical Corrections Act of 2004 (Public Law 108–
429).
SEC. 3007. CELLAR TREATMENT OF WINE.

26 USC 5382.

Section 5382(a)(1)(A) of the Internal Revenue Code of 1986
(relating to cellar treatment of natural wine) is amended by striking
‘‘stabilize’’ and inserting ‘‘correct or stabilize’’.

Subtitle B—Other Provisions
SEC. 3011. CONSIDERATION OF CERTAIN CIVIL ACTIONS DELAYED
BECAUSE OF THE TERRORIST ATTACKS OF SEPTEMBER
11, 2001.

(a) IN GENERAL.—Notwithstanding any period of limitations,
lapse of time, or any other provision of law, the United States
Court of International Trade shall treat any civil action contesting
the denial of a protest described in subsection (b) as having been
filed in accordance with section 514 of the Tariff Act of 1930

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PUBLIC LAW 109–432—DEC. 20, 2006

120 STAT. 3177

(19 U.S.C. 1514) and within the time limit provided in section
2636 of title 28, United States Code.
(b) AFFECTED PROTESTS.—The protests referred to in subsection
(a) are as follows:
Entry Number

Protest Number

Protest Date

Denial Date

2704.01.100001
2704.00.103269
2704.00.103270
2704.01.100002
2704.01.100003
2704.01.100009
2704.01.100033
2704.01.100034
2704.01.100035
2704.01.100036
2704.01.100038
2704.01.100039
2704.01.100042
2704.01.100043
2704.01.100072
2704.01.100073
2704.01.100074
2704.01.100392
2704.01.100400
2704.01.100401
2704.01.100403
2704.01.100411
2704.01.100422
2704.01.100423
2704.01.100424
2704.01.100425
2704.01.100427
2704.01.100723
2704.01.100725
2704.01.100726
2704.01.100727
2704.01.100728

12/22/00
12/12/00
12/12/00
12/22/00
12/22/00
12/22/00
01/03/01
01/03/01
01/03/01
01/03/01
01/03/01
01/03/01
01/03/01
12/22/00
12/22/00
12/22/00
12/22/00
02/09/01
02/06/01
02/06/01
02/06/01
02/05/01
02/05/01
02/05/01
02/05/01
02/05/01
02/05/01
03/13/01
03/13/01
03/13/01
03/13/01
03/13/01

03/23/01
03/23/01
03/23/01
03/23/01
03/23/01
03/23/01
03/23/01
03/23/01
03/23/01
03/23/01
03/23/01
03/23/01
03/23/01
03/23/01
03/27/01
03/27/01
03/27/01
03/23/01
03/27/01
03/27/01
04/05/01
03/27/01
03/26/01
03/23/01
03/23/01
03/23/01
03/23/01
04/05/01
04/05/01
04/05/01
04/05/01
04/05/01

2704-442-1562415-4
2704-442-1559965-3
2704-442-1561096-3
2704-442-1562411-3
2704-442-1562408-9
2704-442-1562416-2
2704-442-1564132-3
2704-442-1564387-3
2704-442-1564389-9
2704-442-1564390-7
2704-442-1564870-8
2704-442-1565099-3
2704-442-1563549-9
2704-442-1554152-3
2704-442-1562418-8
2704-442-1562419-6
2704-442-1562872-6
2704-442-1570239-8
2704-442-1570423-8
2704-442-1570431-1
2704-442-1571191-0
2704-442-1565424-3
2704-442-1565513-3
2704-442-1565516-6
2704-442-1565518-2
2704-442-1566265-9
2704-442-1567197-3
2704-442-1573049-8
2704-442-1572011-9
2704-442-1572003-6
2704-442-1572000-2
2704-442-1571470-8

SEC. 3012. EFFECTIVE DATE OF MODIFICATIONS TO THE HARMONIZED
TARIFF SCHEDULE.

Section 1206(c) of the Omnibus Trade and Competitiveness
Act of 1988 (19 U.S.C. 3006(c)) is amended by striking ‘‘15th’’ and
inserting ‘‘30th’’.

TITLE IV—EXTENSION OF NONDISCRIMINATORY
TREATMENT
(NORMAL
TRADE RELATIONS TREATMENT) TO
THE PRODUCTS OF VIETNAM
SEC. 4001. FINDINGS.

Congress finds the following:
(1) In July 1995, President Bill Clinton announced the
formal normalization of diplomatic relations between the United
States and Vietnam.
(2) Vietnam has taken cooperative steps with the United
States under the United States Joint POW/MIA Accounting
Command (formerly the Joint Task Force-Full Accounting)

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19 USC 2434
note.

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120 STAT. 3178

PUBLIC LAW 109–432—DEC. 20, 2006
established in 1992 by President George H.W. Bush to provide
the fullest possible accounting of MIA and POW cases.
(3) In 2000, the United States and Vietnam concluded
a bilateral trade agreement that included commitments on
goods, services, intellectual property rights, and investment.
The agreement was approved by joint resolution enacted pursuant to section 405(c) of the Trade Act of 1974 (19 U.S.C.
2435(c)), and entered into force in December 2001.
(4) Since 2001, normal trade relations treatment has
consistently been extended to Vietnam pursuant to title IV
of the Trade Act of 1974.
(5) Vietnam has undertaken significant market-based economic reforms, including the reduction of government subsidies,
tariffs and nontariff barriers, and extensive legal reform. These
measures have dramatically improved Vietnam’s business and
investment climate.
(6) Vietnam has completed its negotiations to join the World
Trade Organization (WTO). On May 31, 2006, the United States
and Vietnam signed a comprehensive bilateral agreement providing greater market access for goods and services and other
trade liberalizing commitments. On November 7, 2006, the
WTO General Council approved Vietnam’s membership. Vietnam’s National Assembly ratified Vietnam’s WTO accession
commitments on November 28, 2006, and Vietnam will become
the 150th Member of the WTO 30 days thereafter.
(7) On November 13, 2006, the Department of State
removed Vietnam from its list of Countries of Particular Concern (CPC) for severe violations of religious freedom. In
reaching this determination, the Department of State cited
significant improvements in Vietnam toward advancing religious freedom, though problems remain that merit immediate
attention and important work remains to be done to fully
protect religious freedom in Vietnam.

19 USC 2434
note.

SEC. 4002. TERMINATION OF APPLICATION OF TITLE IV OF THE TRADE
ACT OF 1974 TO VIETNAM.

(a) PRESIDENTIAL DETERMINATIONS AND EXTENSION OF NONDISCRIMINATORY TREATMENT.—Notwithstanding any provision of
title IV of the Trade Act of 1974 (19 U.S.C. 2431 et seq.), the
President may—
(1) determine that such title should no longer apply to
Vietnam; and
(2) after making a determination under paragraph (1) with
respect to Vietnam, proclaim the extension of nondiscriminatory
treatment (normal trade relations treatment) to the products
of that country.
(b) TERMINATION OF THE APPLICABILITY OF TITLE IV.—On and
after the effective date of the extension of nondiscriminatory treatment to the products of Vietnam under subsection (a), title IV
of the Trade Act of 1974 shall cease to apply to that country.
SEC. 4003. PROCEDURE FOR DETERMINING PROHIBITED SUBSIDIES
BY VIETNAM.

(a) AUTHORITY OF TRADE REPRESENTATIVE.—The Trade Representative may conduct proceedings under this section to determine
whether the Government of Vietnam is providing, on or after the
date on which Vietnam accedes to the World Trade Organization,
a prohibited subsidy to its textile or apparel industry, if such

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proceedings are begun, and consultations under section 4004 are
initiated, during the 1-year period beginning on the date on which
Vietnam accedes to the World Trade Organization.
(b) PETITIONS.—
(1) FILING.—Any interested person may file a petition with
the Trade Representative requesting that the Trade Representative make a determination under subsection (a). The petition
shall set forth the allegations in support of the request.
(2) REVIEW BY TRADE REPRESENTATIVE.—The Trade Representative shall review the allegations in any petition filed
under paragraph (1) and, not later than 20 days after the
date on which the Trade Representative receives the petition,
shall determine whether to initiate proceedings to make a
determination under subsection (a).
(3) PROCEDURES.—
(A) DETERMINATION TO INITIATE PROCEEDINGS.—If the
Trade Representative makes an affirmative determination
under paragraph (2) with respect to a petition, the Trade
Representative shall publish a summary of the petition
in the Federal Register and notice of the initiation of proceedings under this section.
(B) DETERMINATION NOT TO INITIATE PROCEEDINGS.—
If the Trade Representative determines not to initiate proceedings with respect to a petition, the Trade Representative shall inform the petitioner of the reasons therefor
and shall publish notice of the determination, together
with a summary of those reasons, in the Federal Register.
(c) INITIATION OF PROCEEDINGS BY OTHER MEANS.—If the Trade
Representative determines, in the absence of a petition, that proceedings should be initiated under this section, the Trade Representative shall publish in the Federal Register that determination,
together with the reasons therefor, and notice of the initiation
of proceedings under this section.
SEC. 4004. CONSULTATIONS UPON INITIATION OF INVESTIGATION.

Deadline.

Federal Register,
publication.
Notice.

Federal Register,
publication.
Notice.

Notification.

If the Trade Representative initiates a proceeding under subsection (b)(3)(A) or (c) of section 4003, the Trade Representative,
on behalf of the United States, shall, on the day on which notice
thereof is published under the applicable subsection, so notify the
Government of Vietnam and request consultations with that government regarding the subsidy.
SEC. 4005. PUBLIC PARTICIPATION AND CONSULTATION.

(a) PUBLIC PARTICIPATION.—In the notice published under subsection (b)(3)(A) or (c) of section 4003, the Trade Representative
shall provide an opportunity to the public for the presentation
of views concerning the issues—
(1) within the 30-day period beginning on the date of the
notice (or on a date after such period if agreed to by the
petitioner), or
(2) at such other time if a timely request therefor is made
by the petitioner or by any interested person,
with a public hearing if requested by an interested person.
(b) CONSULTATION.—The Trade Representative shall consult
with the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate, and with
the appropriate advisory committees established under section 135
of the Trade Act of 1974 (19 U.S.C. 2155), with respect to whether

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Deadline.

PUBLIC LAW 109–432—DEC. 20, 2006

to initiate proceedings under section 4003 and, if proceedings are
conducted, with respect to making the determination under subsection (c).
(c) DETERMINATION.—After considering all comments submitted,
and within 30 days after the close of the comment period under
subsection (a), the Trade Representative shall determine whether
the Government of Vietnam is providing, on or after the date
on which Vietnam accedes to the World Trade Organization, a
prohibited subsidy to its textile or apparel industry. The Trade
Representative shall publish that determination in the Federal
Register, together with the justification for the determination.
(d) RECORD.—The Trade Representative shall make available
to the public a complete record of all nonconfidential information
presented in proceedings conducted under this section, together
with a summary of confidential information so submitted.
SEC. 4006. ARBITRATION AND IMPOSITION OF QUOTAS.

Deadline.

Limitations.

Deadline.

Termination
date.

(a) ARBITRATION.—If, within 60 days after consultations are
requested under section 4004, in a case in which the Trade Representative makes an affirmative determination under section
4005(c), the matter in dispute is not resolved, the Trade Representative shall request arbitration of the matter under the Dispute
Settlement Understanding.
(b) IMPOSITION OF QUOTAS.—
(1) IN GENERAL.—The Trade Representative shall impose,
for a period of not more than 1 year, the quantitative limitations
described in paragraph (2) on textile and apparel products
of Vietnam—
(A) if, pursuant to arbitration under subsection (a),
the arbitrator determines that the Government of Vietnam
is providing, on or after the date on which Vietnam accedes
to the World Trade Organization, a prohibited subsidy to
its textile or apparel industry; or
(B) if the arbitrator does not issue a decision within
120 days after the request for arbitration, in which case
the limitations cease to be effective if the arbitrator, after
such limitations are imposed, determines that the Government of Vietnam is not providing, on or after the date
on which Vietnam accedes to the World Trade Organization, a prohibited subsidy to its textile or apparel industry.
(2) LIMITATIONS DESCRIBED.—The quantitative limitations
referred to in paragraph (1) are those quantitative limitations
that were in effect under the Bilateral Textile Agreement
during the most recent full calendar year in which the Bilateral
Textile Agreement was in effect.
(c) DETERMINATION OF COMPLIANCE.—If, after imposing quantitative limitations under subsection (b) because of a prohibited
subsidy, the Trade Representative determines that the Government
of Vietnam is not providing, on or after the date on which Vietnam
accedes to the World Trade Organization, a prohibited subsidy
to its textile or apparel industry, the quantitative limitations shall
cease to be effective on the date on which that determination
is made.
SEC. 4007. DEFINITIONS.

In this title:
(1) BILATERAL TEXTILE AGREEMENT.—The term ‘‘Bilateral
Textile Agreement’’ means the Agreement Relating to Trade

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in Cotton, Wool, Man-Made Fiber, Non-Cotton Vegetable Fiber
and Silk Blend Textiles and Textile Products Between the
Governments of the United States of America and the Socialist
Republic of Vietnam, entered into on July 17, 2003.
(2) DISPUTE SETTLEMENT UNDERSTANDING.—The term ‘‘Dispute Settlement Understanding’’ means the Understanding on
Rules and Procedures Governing the Settlement of Disputes
referred to in section 101(d)(16) of the Uruguay Round Agreements Act (19 U.S.C. 3511(d)(16)).
(3) INTERESTED PERSON.—The term ‘‘interested person’’
includes, but is not limited to, domestic firms and workers,
representatives of consumer interests, United States product
exporters, and any industrial user of any goods or services
that may be affected by action taken under section 4006(b).
(4) PROHIBITED SUBSIDY.—
(A) IN GENERAL.—The term ‘‘prohibited subsidy’’ means
a subsidy described in article 3.1 of the Agreement on
Subsidies and Countervailing Measures.
(B) SUBSIDY.—The term ‘‘subsidy’’ means a subsidy
within the meaning of article 1.1 of the Agreement on
Subsidies and Countervailing Measures.
(C) AGREEMENT ON SUBSIDIES AND COUNTERVAILING
MEASURES.—The term ‘‘Agreement on Subsidies and
Countervailing Measures’’ means the Agreement on Subsidies and Countervailing Measures referred to in section
101(d)(12) of the Uruguay Round Agreements Act (19
U.S.C. 3511(d)(12)).
(5) TEXTILE OR APPAREL PRODUCT.—The term ‘‘textile or
apparel product’’ means a good listed in the Annex to the
Agreement on Textiles and Clothing referred to in section
101(d)(4) of the Uruguay Round Agreements Act (19 U.S.C.
3511(d)(4)).
(6) TRADE REPRESENTATIVE.—The term ‘‘Trade Representative’’ means the United States Trade Representative.

TITLE V—HAITI
SEC. 5001. SHORT TITLE.

This title may be cited as the ‘‘Haitian Hemispheric Opportunity
through Partnership Encouragement Act of 2006’’.
SEC. 5002. TRADE BENEFITS FOR HAITI.

(a) IN GENERAL.—The Caribbean Basin Economic Recovery Act
(19 U.S.C. 2701 et seq.) is amended by inserting after section
213 the following new section:
‘‘SEC. 213A. SPECIAL RULES FOR HAITI.

Haitian
Hemispheric
Opportunity
through
Partnership
Encouragement
Act of 2006.
19 USC 2701
note.

19 USC 2703a.

‘‘(a) DEFINITIONS.—In this section:
‘‘(1) APPLICABLE 1-YEAR PERIOD.—
‘‘(A) IN GENERAL.—The term ‘‘applicable 1-year period’’
means each of the 1-year periods described in subparagraphs (B) through (F).
‘‘(B) INITIAL APPLICABLE 1-YEAR PERIOD.—The term ‘initial applicable 1-year period’ means the 1-year period beginning on the date of the enactment of the Haitian Hemispheric Opportunity through Partnership Encouragement
Act of 2006.

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PUBLIC LAW 109–432—DEC. 20, 2006
‘‘(C) SECOND APPLICABLE 1-YEAR PERIOD.—The term
‘second applicable 1-year period’ means the 1-year period
beginning on the day after the last day of the initial
applicable 1-year period.
‘‘(D) THIRD APPLICABLE 1-YEAR PERIOD.—The term
‘third applicable 1-year period’ means the 1-year period
beginning on the day after the last day of the second
applicable 1-year period.
‘‘(E) FOURTH APPLICABLE 1-YEAR PERIOD.—The term
‘fourth applicable 1-year period’ means the 1-year period
beginning on the day after the last day of the third
applicable 1-year period.
‘‘(F) FIFTH APPLICABLE 1-YEAR PERIOD.—The term ‘fifth
applicable 1-year period’ means the 1-year period beginning
on the day after the last day of the fourth applicable
1-year period.
‘‘(2) ENTER; ENTRY.—The terms ‘enter’ and ‘entry’ refer
to the entry, or withdrawal from warehouse for consumption,
in the customs territory of the United States.
‘‘(b) APPAREL ARTICLES.—
‘‘(1) IN GENERAL.—In addition to any other preferential
treatment under this title, apparel articles described in paragraph (2) of a producer or entity controlling production that
are imported directly from Haiti shall enter the United States
free of duty during an applicable 1-year period, subject to
the limitations set forth in paragraphs (2) and (3), if Haiti
has met the requirements of subsections (d) and (e).
‘‘(2) APPAREL ARTICLES DESCRIBED.—
‘‘(A) IN GENERAL.—In any applicable 1-year period,
apparel articles described in this paragraph are apparel
articles that are wholly assembled, or are knit-to-shape,
in Haiti from any combination of fabrics, fabric components,
components knit-to-shape, and yarns, only if, for each entry
in the applicable 1-year period, the sum of—
‘‘(i) the cost or value of the materials produced
in Haiti or one or more countries described in subparagraph (C), or any combination thereof, plus
‘‘(ii) the direct costs of processing operations (as
defined in section 213(a)(3)) performed in Haiti or one
or more countries described in subparagraph (C), or
any combination thereof,
is not less than the applicable percentage (as defined in
subparagraph (E)(i)) of the declared customs value of such
apparel articles.
‘‘(B) DEDUCTIONS.—In calculating cost or value under
subparagraph (A)(i), there shall be deducted the cost or
value of—
‘‘(i) any foreign materials that are used in the
production of the apparel articles in Haiti; and
‘‘(ii) any foreign materials that are used in the
production of the materials described in subparagraph
(A)(i).
‘‘(C) COUNTRIES DESCRIBED.—The countries referred to
in subparagraph (A) are the following:
‘‘(i) The United States.
‘‘(ii) Any country that is a party to a free trade
agreement with the United States that is in effect

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on the date of the enactment of the Haitian Hemispheric Opportunity through Partnership Encouragement Act of 2006, or that enters into force under the
Bipartisan Trade Promotion Authority Act of 2002 (19
U.S.C. 3801 et seq.).
‘‘(iii) Any country designated as a beneficiary
country under section 213(b)(5)(B) of this Act.
‘‘(iv) Any country designated as a beneficiary
country under section 506A(a)(1) of the Trade Act of
1974 (19 U.S.C. 2466a(a)(1)), if a finding has been
made by the President or the President’s designee,
and published in the Federal Register, that the country
has satisfied the requirements of section 113 of the
African Growth and Opportunity Act (19 U.S.C. 3722).
‘‘(v) Any country designated as a beneficiary
country under section 204(b)(6)(B) of the Andean Trade
Preference Act (19 U.S.C. 3203(b)(6)(B)).
‘‘(D) ANNUAL AGGREGATION.—
‘‘(i) INITIAL APPLICABLE 1-YEAR PERIOD.—In the initial applicable 1-year period, the requirements under
subparagraph (A) relating to applicable percentage
may also be met for articles of a producer or an entity
controlling production that enter during the initial
applicable 1-year period by aggregating—
‘‘(I) the cost or value of materials under clause
(i) of subparagraph (A), and
‘‘(II) the direct costs of processing operations
under clause (ii) of subparagraph (A),
of all apparel articles of that producer or entity controlling production that are wholly assembled, or are knitto-shape, in Haiti and are entered during the initial
applicable 1-year period.
‘‘(ii) OTHER APPLICABLE 1-YEAR PERIODS.—In each
of the second, third, fourth, and fifth applicable 1year periods, the requirements under subparagraph
(A) relating to applicable percentage may also be met
for articles of a producer or an entity controlling
production that enter during the applicable 1-year
period by aggregating—
‘‘(I) the cost or value of materials under clause
(i) of subparagraph (A), and
‘‘(II) the direct costs of processing operations
under clause (ii) of subparagraph (A),
of all apparel articles of that producer or entity controlling production that are wholly assembled, or are knitto-shape, in Haiti and are entered during the preceding
applicable 1-year period.
‘‘(iii) DEDUCTIONS.—In calculating cost or value
under clause (i)(I) or (ii)(I), there shall be deducted
the cost or value of—
‘‘(I) any foreign materials that are used in
the production of the apparel articles in Haiti;
and
‘‘(II) any foreign materials that are used in
the production of the materials described in clause
(i)(I) or (ii)(I) (as the case may be).

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President.
Federal Register,
publication.

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120 STAT. 3184

PUBLIC LAW 109–432—DEC. 20, 2006
‘‘(iv) INCLUSION IN CALCULATION OF OTHER ARTICLES RECEIVING PREFERENTIAL TREATMENT.—(I) The
entry of a woven apparel article receiving preferential
treatment under paragraph (4) is not included in an
annual aggregation under clause (i) or (ii).
‘‘(II) Entries of articles receiving preferential treatment under paragraph (5) are not included in an
annual aggregation under clause (i) or (ii) unless the
producer or entity controlling production elects, at the
time the annual aggregation calculation is made, to
include such entries in such aggregation.
‘‘(III) Entries of apparel articles that receive preferential treatment under any provision of law other
than this subsection or are subject to the ‘General’
column 1 rate of duty under the HTS are not included
in an annual aggregation under clause (i) or (ii) unless
the producer or entity controlling production elects,
at the time the annual aggregation calculation is made,
to include such entries in such aggregation.
‘‘(E) DEFINITIONS.—In this paragraph:
‘‘(i)
APPLICABLE
PERCENTAGE.—The
term
‘applicable percentage’ means—
‘‘(I) 50 percent or more during the initial
applicable 1-year period, the second applicable 1year period, and the third applicable 1-year period;
‘‘(II) 55 percent or more during the fourth
applicable 1-year period; and
‘‘(III) 60 percent or more during the fifth
applicable 1-year period.
‘‘(ii) FOREIGN MATERIAL.—The term ‘foreign material’ means a material produced in a country other
than Haiti or any country described in subparagraph
(C).
‘‘(F) DEVELOPMENT OF PROCEDURE TO ENSURE COMPLIANCE.—
‘‘(i) IN GENERAL.—The Bureau of Customs and
Border Protection of the Department of Homeland
Security shall develop and implement methods and
procedures to ensure ongoing compliance with the
requirements set forth in subparagraphs (A) and (D).
‘‘(ii) NONCOMPLIANCE.—If the Bureau of Customs
and Border Protection finds that a producer or an
entity controlling production has not satisfied such
requirements in any applicable 1-year period, either
for individual entries entered pursuant to subparagraph (A) or for entries entered in aggregate pursuant
to subparagraph (D), then apparel articles described
in subparagraph (A) of that producer or entity shall
be ineligible for preferential treatment under paragraph (1) during any succeeding applicable 1-year
period until—
‘‘(I) the cost or value of materials under clause
(i) of subparagraph (A), plus
‘‘(II) the direct costs of processing operations
under clause (ii) of subparagraph (A),

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PUBLIC LAW 109–432—DEC. 20, 2006

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of that producer or entity controlling production, is
not less than the applicable percentage under subparagraph (E)(i), plus 10 percent, of the aggregate declared
customs value of all apparel articles of that producer
or entity controlling production that are wholly assembled, or are knit-to-shape, in Haiti and are entered
during the preceding applicable 1-year period.
‘‘(iii) RETROACTIVE APPLICATION OF DUTY-FREE
TREATMENT.—If—
‘‘(I) a producer or an entity controlling production is ineligible for preferential treatment under
paragraph (1) in an applicable 1-year period
because that producer or entity controlling production did not satisfy the requirements of subparagraph (A) or (D), and
‘‘(II) that producer or entity controlling production satisfies the requirements of clause (ii) of
this subparagraph in that applicable 1-year period,
then, notwithstanding section 514 of the Tariff Act
of 1930 (19 U.S.C. 1514) or any other provision of
law, upon proper request filed with the Bureau of
Customs and Border Protection before the 90th day
after the Bureau of Customs and Border Protection
determines that subclause (II) applies, the entry of
any articles—
‘‘(aa) that was made during that applicable
1-year period, and
‘‘(bb) with respect to which there would have
been preferential treatment under paragraph (1)
if the producer or entity controlling production
had satisfied the requirements in subparagraph
(A) or (D) (as the case may be),
shall be liquidated or reliquidated as though such preferential treatment under paragraph (1) applied to such
entry.
‘‘(G) FABRICS NOT AVAILABLE IN COMMERCIAL QUANTITIES.—
‘‘(i) IN GENERAL.—For purposes of determining the
applicable percentage under subparagraph (A) or (D),
there may be included in that percentage—
‘‘(I) the cost of fabrics or yarns to the extent
that apparel articles of such fabrics or yarns would
be eligible for preferential treatment, without
regard to the source of the fabrics or yarns, under
Annex 401 of the NAFTA; and
‘‘(II) the cost of fabrics or yarns that are designated as not being available in commercial quantities for purposes of—
‘‘(aa) section 213(b)(2)(A)(v) of this Act,
‘‘(bb) section 112(b)(5) of the African
Growth and Opportunity Act,
‘‘(cc) section 204(b)(3)(B)(i)(III) or (ii) of
the Andean Trade Preference Act, or
‘‘(dd) any other provision, relating to
determining whether a textile or apparel
article is an originating good eligible for preferential treatment, of a law that implements

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120 STAT. 3186

a free trade agreement that enters into force
under the Bipartisan Trade Promotion
Authority Act of 2002,
without regard to the source of the fabrics or yarns.
‘‘(ii) REMOVAL OF DESIGNATION OF FABRICS OR
YARNS NOT AVAILABLE IN COMMERCIAL QUANTITIES.—
If the President determines that—
‘‘(I) any fabric or yarn described in clause (i)(I)
was determined to be eligible for preferential treatment, or
‘‘(II) any fabric or yarn described in clause
(i)(II) was designated as not being available in
commercial quantities,
on the basis of fraud, the President is authorized to
remove the eligibility or designation (as the case may
be) of that fabric or yarn with respect to articles
entered after such removal.
‘‘(3) QUANTITATIVE LIMITATIONS.—The preferential treatment described in paragraph (1) shall be extended, during
each of the applicable 1-year periods set forth in the following
table, to not more than the corresponding percentage of the
aggregate square meter equivalents of all apparel articles
imported into the United States in the most recent 12-month
period for which data are available:

President.

‘‘During the:

the corresponding percentage is:

‘‘initial applicable 1-year period .............................
‘‘second applicable 1-year period ............................
‘‘third applicable 1-year period ..............................
‘‘fourth applicable 1-year period ............................
‘‘fifth applicable 1-year period ................................

1 percent.
1.25 percent.
1.5 percent.
1.75 percent.
2 percent.

No preferential treatment shall be provided under paragraph
(1) after the last day of the fifth applicable 1-year period.
‘‘(4) SPECIAL RULE FOR WOVEN APPAREL.—In the case of
apparel articles classifiable under chapter 62 of the HTS (other
than articles classifiable under subheading 6212.10 of the HTS),
as in effect on the date of the enactment of the Haitian Hemispheric Opportunity through Partnership Encouragement Act
of 2006, that do not qualify for preferential treatment under
paragraph (1) because they do not meet the percentage requirements under paragraph (2)(A), (2)(B), or (2)(D), the preferential
treatment under paragraph (1)—
‘‘(A) shall be extended, in addition to the quantities
permitted under paragraph (3) to—
‘‘(i) not more than 50,000,000 square meter equivalents of such apparel articles for the initial applicable
1-year period;
‘‘(ii) not more than 50,000,000 square meter
equivalents of such apparel articles for the second
applicable 1-year period; and
‘‘(iii) not more than 33,500,000 square meter
equivalents for the third applicable 1-year period; and
‘‘(B) may not be extended to such apparel articles after
the last day of the third applicable 1-year period.
‘‘(5) SPECIAL RULE FOR BRASSIERES.—The preferential treatment under paragraph (1) shall, subject to the limitations under

Extension.
Deadlines.

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paragraph (3), be extended to any article classifiable under
heading 6212.10 of the HTS, if the article is both cut and
sewn or otherwise assembled in Haiti or the United States,
or both, without regard to the source of the fabric or components
from which the article is made, and if Haiti has met the
requirements of subsections (d) and (e).
‘‘(c) SPECIAL RULE FOR CERTAIN WIRE HARNESS AUTOMOTIVE
COMPONENTS.—
(1) IN GENERAL.—Any wire harness automotive component
that is the product or manufacture of Haiti and is imported
directly from Haiti into the customs territory of the United
States shall enter the United States free of duty, during the
5-year period beginning on the date of the enactment of the
Haitian Hemispheric Opportunity through Partnership
Encouragement Act of 2006, if Haiti has met the requirements
of subsection (d) and if the sum of—
‘‘(A) the cost or value of the materials produced in
Haiti or one or more countries described in subsection
(b)(2)(C), or any combination thereof, plus
‘‘(B) the direct costs of processing operations (as defined
in section 213(a)(3)) performed in Haiti or the United
States, or both,
is not less than 50 percent of the declared customs value
of such wire harness automotive component.
‘‘(2) WIRE HARNESS AUTOMOTIVE COMPONENT.—For purposes of this subsection, the term ‘‘wire harness automotive
component’’ means any article provided for in subheading
8544.30.00 of the HTS, as in effect on the date of the enactment
of the Haitian Hemispheric Opportunity through Partnership
Encouragement Act of 2006.
‘‘(d) ELIGIBILITY REQUIREMENTS.—
‘‘(1) IN GENERAL.—Haiti shall be eligible for preferential
treatment under this section if the President determines and
certifies to Congress that Haiti—
‘‘(A) has established, or is making continual progress
toward establishing—
‘‘(i) a market-based economy that protects private
property rights, incorporates an open rules-based
trading system, and minimizes government interference in the economy through measures such as price
controls, subsidies, and government ownership of economic assets;
‘‘(ii) the rule of law, political pluralism, and the
right to due process, a fair trial, and equal protection
under the law;
‘‘(iii) the elimination of barriers to United States
trade and investment, including by—
‘‘(I) the provision of national treatment and
measures to create an environment conducive to
domestic and foreign investment;
‘‘(II) the protection of intellectual property; and
‘‘(III) the resolution of bilateral trade and
investment disputes;
‘‘(iv) economic policies to reduce poverty, increase
the availability of health care and educational
opportunities, expand physical infrastructure, promote
the development of private enterprise, and encourage

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President.
Certification.

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120 STAT. 3188

President.

President.
Termination.

President.
Certification.

Reports.

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the formation of capital markets through microcredit
or other programs;
‘‘(v) a system to combat corruption and bribery,
such as signing and implementing the Convention on
Combating Bribery of Foreign Public Officials in International Business Transactions; and
‘‘(vi) protection of internationally recognized
worker rights, including the right of association, the
right to organize and bargain collectively, a prohibition
on the use of any form of forced or compulsory labor,
a minimum age for the employment of children, and
acceptable conditions of work with respect to minimum
wages, hours of work, and occupational safety and
health;
‘‘(B) does not engage in activities that undermine
United States national security or foreign policy interests;
and
‘‘(C) does not engage in gross violations of internationally recognized human rights or provide support for acts
of international terrorism and cooperates in international
efforts to eliminate human rights violations and terrorist
activities.
‘‘(2) TIME LIMIT FOR DETERMINATION.—The President shall
determine whether Haiti meets the requirements of paragraph
(1) not later than 90 days after the date of the enactment
of the Haitian Hemispheric Opportunity through Partnership
Encouragement Act of 2006.
‘‘(3) CONTINUING COMPLIANCE.—If the President determines
that Haiti is not making continual progress in meeting the
requirements described in paragraph (1)(A), the President shall
terminate the preferential treatment under this section.
‘‘(e) CONDITIONS REGARDING ENFORCEMENT OF CIRCUMVENTION.—
‘‘(1) IN GENERAL.—The preferential treatment under subsection (b)(1) shall not apply unless the President certifies
to Congress that Haiti is meeting the following conditions:
‘‘(A) Haiti has adopted an effective visa system,
domestic laws, and enforcement procedures applicable to
articles described in subsection (b) to prevent unlawful
transshipment of the articles and the use of counterfeit
documents relating to the importation of the articles into
the United States.
‘‘(B) Haiti has enacted legislation or promulgated regulations that would permit the Bureau of Customs and
Border Protection verification teams to have the access
necessary to investigate thoroughly allegations of transshipment through such country.
‘‘(C) Haiti agrees to report, on a timely basis, at the
request of the Bureau of Customs and Border Protection,
on the total exports from and imports into that country
of articles described in subsection (b), consistent with the
manner in which the records are kept by Haiti.
‘‘(D) Haiti agrees to cooperate fully with the United
States to address and take action necessary to prevent
circumvention as provided in Article 5 of the Agreement
on Textiles and Clothing.

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‘‘(E) Haiti agrees to require all producers and exporters
of articles described in subsection (b) in that country to
maintain complete records of the production and the export
of such articles, including materials used in the production,
for at least 5 years after the production or export (as
the case may be).
‘‘(F) Haiti agrees to report, on a timely basis, at the
request of the Bureau of Customs and Border Protection,
documentation establishing the country of origin of articles
described in subsection (b) as used by that country in
implementing an effective visa system.
‘‘(2) DEFINITION OF TRANSSHIPMENT.—Transshipment
within the meaning of this subsection has occurred when preferential treatment for a textile or apparel article under this
section has been claimed on the basis of material false information concerning the country of origin, manufacture, processing,
or assembly of the article or any of its components. For purposes
of this paragraph, false information is material if disclosure
of the true information would mean or would have meant
that the article is or was ineligible for preferential treatment
under this section.
‘‘(f) REGULATIONS.—The President shall issue regulations to
carry out this section not later than 180 days after the date of
the enactment of the Haitian Hemispheric Opportunity through
Partnership Encouragement Act of 2006. The President shall consult
with the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate in preparing
such regulations.’’.

Records.

Reports.

President.
Deadline.

SEC. 5003. ITC STUDY.

The International Trade Commission shall, not later than 18
months after the date of the enactment of this Act, submit a
report to Congress on the effects of the amendments made by
this Act on the trade markets and industries, involving textile
and apparel articles, of Haiti, the countries described in clauses
(ii) and (iii) of section 213A(b)(2)(C) of the Caribbean Basin Economic Recovery Act (as added by section 5002 of this Act), and
the United States.

Reports.

SEC. 5004. SENSE OF CONGRESS ON INTERPRETATION OF TEXTILE
AND APPAREL PROVISIONS FOR HAITI.

It is the sense of the Congress that the executive branch,
particularly the Committee for the Implementation of Textile Agreements (CITA), the Bureau of Customs and Border Protection of
the Department of Homeland Security, and the Department of
Commerce, should interpret, implement, and enforce the provisions
of section 213A(b) of the Caribbean Basin Economic Recovery Act,
as added by section 5002 of this Act, relating to preferential treatment of textile and apparel articles, broadly in order to expand
trade by maximizing opportunities for imports of such articles from
Haiti.
SEC. 5005. TECHNICAL AMENDMENTS.

(a) CBI.—Section 213(b)(2)(A)(v) of the Caribbean Basin Economic Recovery Act (19 U.S.C. 2703(b)(2)(A)(v)) is amended by
adding at the end the following new subclause:
‘‘(III) If the President determines that any fabric
or yarn was determined to be eligible for preferential

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President.

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120 STAT. 3190

treatment under subclause (I) on the basis of fraud,
the President is authorized to remove that designation
from that fabric or yarn with respect to articles entered
after such removal.’’.
(b) ATPA.—Section 204(b)(3)(B) of the Andean Trade Preference
Act (19 U.S.C. 3202(b)(3)(B)) is amended by adding at the end
the following new clause:
‘‘(viii) REMOVAL OF DESIGNATION OF FABRICS OR
YARNS NOT AVAILABLE IN COMMERCIAL QUANTITIES.—
If the President determines that any fabric or yarn
was determined to be eligible for preferential treatment
under clause (i)(III) or (ii) on the basis of fraud, the
President is authorized to remove that designation
from that fabric or yarn with respect to articles entered
after such removal.’’.

19 USC 3203.

President.

SEC. 5006. EFFECTIVE DATE.

19 USC 2703
note.

This title and the amendments made by this title apply to
articles entered, or withdrawn from warehouse for consumption,
on or after the 15th day after the date of the enactment of this
Act.

TITLE VI—AFRICAN GROWTH AND
OPPORTUNITY ACT

Africa
Investment
Incentive Act of
2006.
19 USC 3701
note.

PUBLIC LAW 109–432—DEC. 20, 2006

SEC. 6001. SHORT TITLE.

This title may be referred to as the ‘‘Africa Investment Incentive
Act of 2006’’.
SEC. 6002. PREFERENTIAL TREATMENT OF APPAREL PRODUCTS OF
LESSER DEVELOPED COUNTRIES.

(a) IN GENERAL.—Section 112 of the African Growth and Opportunity Act (19 U.S.C. 3721) is amended—
(1) by redesignating subsections (c) through (f) as subsections (d) through (g);
(2) in subsection (b)—
(A) in the matter preceding paragraph (1), by striking
‘‘The’’ and inserting ‘‘Subject to subsection (c), the’’ ; and
(B) by striking subparagraph (B) and redesignating
subparagraph (C) as subparagraph (B); and
(3) by inserting after subsection (b) the following new subsection:
‘‘(c) LESSER DEVELOPED COUNTRIES.—
‘‘(1) PREFERENTIAL TREATMENT OF PRODUCTS THROUGH SEPTEMBER 30, 2012.—
‘‘(A) PRODUCTS COVERED.—In addition to the products
described in subsection (b), and subject to paragraph (2),
the preferential treatment described in subsection (a) shall
apply through September 30, 2012, to apparel articles
wholly assembled, or knit-to-shape and wholly assembled,
or both, in one or more lesser developed beneficiary subSaharan African countries, regardless of the country of
origin of the fabric or the yarn used to make such articles,
in an amount not to exceed the applicable percentage of

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the aggregate square meter equivalents of all apparel articles imported into the United States in the preceding 12month period for which data are available.
‘‘(B) APPLICABLE PERCENTAGE.—For purposes of
subparagraph (A), the term ‘applicable percentage’ means—
‘‘(i) 2.9285 percent for the 1-year period beginning
on October 1, 2005; and
‘‘(ii) 3.5 percent for the 1-year period beginning
on October 1, 2006, and each 1-year period thereafter
through September 30, 2012.
‘‘(2) SPECIAL RULES FOR PRODUCTS IN COMMERCIAL QUANTITIES IN AFRICA.—
‘‘(A) PETITION PROCESS.—Upon a petition filed by an
interested party (which may include a foreign manufacturer), the Commission shall determine whether a fabric
or yarn produced in beneficiary sub-Saharan African countries is available in commercial quantities for use by lesser
developed beneficiary sub-Saharan African countries.
‘‘(B) EFFECT OF AFFIRMATIVE DETERMINATION.—
‘‘(i) DETERMINATION OF QUANTITY AVAILABLE.—If
the Commission determines under subparagraph (A)
that a fabric or yarn produced in beneficiary sub-Saharan African countries is available in commercial quantities for use by lesser developed beneficiary sub-Saharan African countries, the Commission shall determine
the quantity of the fabric or yarn that will be so
available in lesser developed beneficiary sub-Saharan
African countries in the applicable 1-year period beginning after the determination is made.
‘‘(ii) DETERMINATIONS.—In each case in which the
Commission determines that a fabric or yarn is available in commercial quantities under subparagraph (A)
for an applicable 1-year period, the Commission shall
determine, before the end of that applicable 1-year
period—
‘‘(I) whether the fabric or yarn produced in
beneficiary sub-Saharan African countries will be
available in commercial quantities in the succeeding applicable 1-year period; and
‘‘(II) if so, the quantity of the fabric or yarn
that will be so available in that succeeding 1year period, subject to clause (iii).
‘‘(iii) DETERMINATION REGARDING IMPORTED ARTICLES.—After the end of each applicable 1-year period
for which a determination under clause (i) is in effect,
the Commission shall determine to what extent the
quantity of the fabric or yarn determined under clause
(i) to be available in commercial quantities for use
by lesser developed beneficiary sub-Saharan African
countries was used in the production of apparel articles
receiving preferential treatment under paragraph (1)
that were entered in that applicable 1-year period.
To the extent that the quantity so determined was
not so used, then the Commission shall add to the
quantity of that fabric or yarn determined to be available in the next applicable 1-year period the quantity
not so used in the preceding applicable 1-year period.

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120 STAT. 3192

PUBLIC LAW 109–432—DEC. 20, 2006
‘‘(C) DENIM.—Denim articles provided for in subheading 5209.42.00 of the Harmonized Tariff Schedule of
the United States shall be deemed to have been determined
to be in abundant supply under subparagraph (A) in an
amount of 30,000,000 square meter equivalents for the
1-year period beginning October 1, 2006.
‘‘(D) PRESIDENTIAL AUTHORITY TO RESTRICT IMPORTS.—
‘‘(i) IN GENERAL.—Subject to clause (ii), the President may by proclamation provide that apparel articles
otherwise eligible for preferential treatment under
paragraph (1) that contain a fabric or yarn determined
to be available in commercial quantities under
subparagraph (A) may not receive such preferential
treatment in an applicable 1-year period unless—
‘‘(I) the fabric or yarn in such articles was
produced in 1 or more beneficiary sub-Saharan
African countries; or
‘‘(II) the Commission has determined that the
quantity of the fabric or yarn determined under
subparagraph (B) (or (C), as the case may be)
to be available in lesser developed beneficiary subSaharan African countries for that applicable 1year period has already been used in the production of apparel articles receiving preferential treatment under paragraph (1) that were entered in
that applicable 1-year period.
‘‘(ii) MANDATORY RESTRICTION.—If a fabric or yarn
is determined to be available in commercial quantities
under subparagraph (A) in an applicable 1-year period,
and for 2 consecutive applicable 1-year periods the
quantities determined to be so available are not used
in the production of apparel articles receiving preferential treatment under paragraph (1) that were
entered during those 2 applicable 1-year periods, then
beginning in the succeeding applicable 1-year period,
apparel articles containing that fabric or yarn are ineligible for preferential treatment under paragraph (1)
in any succeeding applicable 1-year period unless the
Commission has determined that the quantity of the
fabric or yarn determined under subparagraph (B) (or
(C), as the case may be) to be available in lesser
developed beneficiary sub-Saharan African countries
for that applicable 1-year period has already been used
in the production of apparel articles receiving preferential treatment under paragraph (1) that were
entered in that applicable 1-year period.
‘‘(E) PROCEDURES.—The Commission shall use the
procedures prescribed in subsection (b)(3)(C)(iv) for the Secretary of Commerce in making determinations under this
paragraph.
‘‘(3) REMOVAL OF DESIGNATION OF FABRICS OR YARNS NOT
AVAILABLE IN COMMERCIAL QUANTITIES.—If the President determines that—
‘‘(A) any fabric or yarn described in paragraph (2)(A)
was determined to be eligible for preferential treatment,
or

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‘‘(B) any fabric or yarn described in paragraph (2)(B)
was designated as not being available in commercial quantities,
on the basis of fraud, the President may remove the eligibility
or designation (as the case may be) of that fabric or yarn
with respect to articles entered after such removal.
‘‘(4) APPLICABILITY OF OTHER PROVISIONS.—Subsection
(b)(3)(C) applies to apparel articles eligible for preferential
treatment under this subsection to the same extent as that
subsection applies to apparel articles eligible for preferential
treatment under subsection (b)(3).
‘‘(5) DEFINITIONS.—In this subsection:
‘‘(A) APPLICABLE 1-YEAR PERIOD.—The term ‘applicable
1-year period’ means each of the 12-month periods beginning on October 1 of each year and ending on September
30 of the following year.
‘‘(B) COMMISSION.—The term ‘Commission’ means the
United States International Trade Commission.
‘‘(C) ENTER; ENTRY.—The terms ‘enter’ and ‘entry’ refer
to the entry, or withdrawal from warehouse for consumption, in the customs territory of the United States.
‘‘(D) LESSER DEVELOPED BENEFICIARY SUB-SAHARAN
AFRICAN COUNTRY.—The term ‘lesser developed beneficiary
sub-Saharan African country’ means—
‘‘(i) a beneficiary sub-Saharan African country that
had a per capita gross national product of less than
$1,500 in 1998, as measured by the International Bank
for Reconstruction and Development;
‘‘(ii) Botswana; and
‘‘(iii) Namibia.’’.
(b) ADDITIONAL PREFERENTIAL TREATMENT.—Section 112(b) of
the African Growth and Opportunity Act (19 U.S.C. 3721(b)) is
amended by adding at the end the following new paragraph:
‘‘(8) TEXTILE ARTICLES ORIGINATING ENTIRELY IN ONE OR
MORE LESSER DEVELOPED BENEFICIARY SUB-SAHARAN AFRICAN
COUNTRIES.—Textile and textile articles classifiable under chapters 50 through 60 or chapter 63 of the Harmonized Tariff
Schedule of the United States that are products of a lesser
developed beneficiary sub-Saharan African country and are
wholly formed in one or more such countries from fibers, yarns,
fabrics, fabric components, or components knit-to-shape that
are the product of one or more such countries.’’.
(c) TECHNICAL AMENDMENT.—Section 112(e)(3) of the African
Growth and Opportunity Act (as redesignated by subsection (a)(1)
of this section) is amended by striking ‘‘subsection (b)’’ and inserting
‘‘subsections (b) and (c)’’.
SEC. 6003. TECHNICAL CORRECTIONS.

Section 112 of the African Growth and Opportunity Act (19
U.S.C. 3721) is amended as follows:
(1) Subsection (b)(5) is amended by adding at the end
the following new subparagraph:
‘‘(C) REMOVAL OF DESIGNATION OF FABRICS OR YARNS
NOT AVAILABLE IN COMMERCIAL QUANTITIES.—If the President determines that any fabric or yarn was determined
to be eligible for preferential treatment under subparagraph (A) on the basis of fraud, the President is authorized

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President.

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120 STAT. 3194

PUBLIC LAW 109–432—DEC. 20, 2006
to remove that designation from that fabric or yarn with
respect to articles entered after such removal.’’.
(2) Subsection (f), as redesignated by section 6002(a)(1),
is amended by adding at the end the following:
‘‘(5) ENTER; ENTERED.—The terms ‘enter’ and ‘entered’ refer
to the entry, or withdrawal from warehouse for consumption,
in the customs territory of the United States.’’.

SEC. 6004. EFFECTIVE DATE FOR AGOA.

Subsection (g) of section 112 of the African Growth and Opportunity Act (19 U.S.C. 3721), as redesignated by section 6002(a)(1),
is amended by striking ‘‘2008’’ and inserting ‘‘2015’’.

TITLE VII—ANDEAN TRADE
PREFERENCE ACT

Andean Trade
Preferences
Extension Act.
19 USC 3201
note.

SEC. 7001. SHORT TITLE.

This title may be cited as the ‘‘Andean Trade Preferences
Extension Act’’.
SEC. 7002. ATPA EXTENSION.

(a) TEMPORARY EXTENSION.—Section 208 of the Andean Trade
Preference Act (19 U.S.C. 3206) is amended by striking ‘‘December
31, 2006’’ and inserting ‘‘June 30, 2007’’.
(b) CONDITIONAL EXTENSIONS.—Section 208 of the Andean
Trade Preference Act (19 U.S.C. 3206), as amended by subsection
(a), is further amended—
(1) by striking ‘‘No’’ and inserting ‘‘(a) TERMINATION.—
Subject to subsection (b), no’’; and
(2) by adding at the end the following:
‘‘(b) CONDITIONAL EXTENSIONS.—Duty-free treatment and other
preferential treatment under this title shall remain in effect with
respect to a beneficiary country, during the period beginning on
July 1, 2007, and ending on December 31, 2007, only if on or
before June 30, 2007—
‘‘(1) an implementing bill with respect to a trade agreement
with that country has been enacted into law pursuant to the
Bipartisan Trade Promotion Authority Act of 2002; and
‘‘(2) the President determines that the legislature of that
country has approved such trade agreement.’’.
SEC. 7003. TECHNICAL AMENDMENTS.

Section 204(b)(3)(B) of the Andean Trade Preference Act (19
U.S.C. 3203(b)(3)(B)) is amended—
(1) in clause (iii)(II), by striking ‘‘The preferential’’ and
inserting ‘‘Subject to section 208, the preferential’’; and
(2) in clause (v)(II), by striking ‘‘During’’ and inserting
‘‘Subject to section 208, during’’.

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120 STAT. 3195

TITLE VIII—GENERALIZED SYSTEM OF
PREFERENCES (GSP) PROGRAM
SEC. 8001. LIMITATIONS ON WAIVERS OF COMPETITIVE NEED LIMITATION.

Section 503(d)(4)(B) of the Trade Act of 1974 (19 U.S.C.
2463(d)(4)(B)) is amended—
(1) by striking ‘‘The President’’ and inserting ‘‘(i) The President’’;
(2) by striking ‘‘(i) had’’ and inserting ‘‘(I) had’’ and by
striking ‘‘(ii) had’’ and inserting ‘‘(II) had’’; and
(3) by adding at the end the following new clause:
‘‘(ii) Not later than July 1 of each year, the President
should revoke any waiver that has then been in effect
with respect to an article for 5 years or more if the beneficiary developing country has exported to the United States
(directly or indirectly) during the preceding calendar year
a quantity of the article—
‘‘(I) having an appraised value in excess of 1.5
times the applicable amount set forth in subsection
(c)(2)(A)(ii) for that calendar year; or
‘‘(II) exceeding 75 percent of the appraised value
of the total imports of that article into the United
States during that calendar year.’’.

Deadline.

SEC. 8002. EXTENSION OF GSP PROGRAM.

Section 505 of the Trade Act of 1974 (19 U.S.C. 2465) is
amended by striking ‘‘December 31, 2006’’ and inserting ‘‘December
31, 2008’’.
Approved December 20, 2006.

LEGISLATIVE HISTORY—H.R. 6111:
CONGRESSIONAL RECORD, Vol. 152 (2006):
Dec. 5, considered and passed House.
Dec. 7, considered and passed Senate, amended.
Dec. 8, House concurred in Senate amendment with amendments. Senate
concurred in House amendments.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 42 (2006):
Dec. 20, Presidential remarks and statement.

Æ

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