[Congressional Record Volume 153, Number 86 (Thursday, May 24, 2007)]
[Senate]
[Pages S6795-S6823]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
U.S. TROOP READINESS, VETERANS' CARE, KATRINA RECOVERY, AND IRAQ
ACCOUNTABILITY APPROPRIATIONS ACT, 2007--CONFERENCE REPORT
Mr. REID. Mr. President, I ask that the Chair lay before the Senate a
message from the House of Representatives on the bill, H.R. 2206,
making emergency supplemental appropriations and additional
supplemental appropriations for agricultural and other emergency
assistance for the fiscal year ending September 30, 2007, and for other
purposes.
The PRESIDING OFFICER laid before the Senate the following message
from the House of Representatives:
H.R. 2206
Resolved, That the House agree to the amendment of the
Senate to the bill (H.R. 2206) entitled ``An Act making
emergency supplemental appropriations and additional
supplemental appropriations for agricultural and other
emergency assistance for the fiscal year ending September 30,
2007, and for other purposes'', with the following:
House amendment to Senate amendment:
In lieu of the matter proposed to be inserted by the
amendment of the Senate, insert the following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``U.S. Troop Readiness,
Veterans' Care, Katrina Recovery, and Iraq Accountability
Appropriations Act, 2007''.
SEC. 2. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
TITLE I--SUPPLEMENTAL APPROPRIATIONS FOR DEFENSE, INTERNATIONAL
AFFAIRS, AND OTHER SECURITY-RELATED NEEDS
TITLE II--HURRICANE KATRINA RECOVERY
TITLE III--ADDITIONAL DEFENSE, INTERNATIONAL AFFAIRS, AND HOMELAND
SECURITY PROVISIONS
TITLE IV--ADDITIONAL HURRICANE DISASTER RELIEF AND RECOVERY
TITLE V--OTHER EMERGENCY APPROPRIATIONS
TITLE VI--OTHER MATTERS
TITLE VII--ELIMINATION OF SCHIP SHORTFALL AND OTHER HEALTH MATTERS
TITLE VIII--FAIR MINIMUM WAGE AND TAX RELIEF
TITLE IX--AGRICULTURAL ASSISTANCE
TITLE X--GENERAL PROVISIONS
SEC. 3. STATEMENT OF APPROPRIATIONS.
The following sums in this Act are appropriated, out of any
money in the Treasury not otherwise appropriated, for the
fiscal year ending September 30, 2007.
TITLE I--SUPPLEMENTAL APPROPRIATIONS FOR DEFENSE, INTERNATIONAL
AFFAIRS, AND OTHER SECURITY-RELATED NEEDS
CHAPTER 1
DEPARTMENT OF AGRICULTURE
Foreign Agricultural Service
Public Law 480 Title II Grants
For an additional amount for ``Public Law 480 Title II
Grants'', during the current fiscal year, not otherwise
recoverable, and unrecovered prior years' costs, including
interest thereon, under the Agricultural Trade Development
and Assistance Act of 1954, for commodities supplied in
connection with dispositions abroad under title II of said
Act, $350,000,000, to remain available until expended.
CHAPTER 2
DEPARTMENT OF JUSTICE
Legal Activities
Salaries and Expenses, General Legal Activities
For an additional amount for ``Salaries and Expenses,
General Legal Activities'', $1,648,000, to remain available
until September 30, 2008.
salaries and expenses, united states attorneys
For an additional amount for ``Salaries and Expenses,
United States Attorneys'', $5,000,000, to remain available
until September 30, 2008.
United States Marshals Service
SALARIES AND EXPENSES
For an additional amount for ``Salaries and Expenses'',
$6,450,000, to remain available until September 30, 2008.
National Security Division
Salaries and Expenses
For an additional amount for ``Salaries and Expenses'',
$1,736,000, to remain available until September 30, 2008.
Federal Bureau of Investigation
Salaries and Expenses
For an additional amount for ``Salaries and Expenses'',
$118,260,000, to remain available until September 30, 2008.
Drug Enforcement Administration
Salaries and Expenses
For an additional amount for ``Salaries and Expenses'',
$8,468,000, to remain available until September 30, 2008.
Bureau of Alcohol, Tobacco, Firearms and Explosives
Salaries and Expenses
For an additional amount for ``Salaries and Expenses'',
$4,000,000, to remain available until September 30, 2008.
Federal Prison System
Salaries and Expenses
For an additional amount for ``Salaries and Expenses'',
$17,000,000, to remain available until September 30, 2008.
GENERAL PROVISIONS--THIS CHAPTER
Sec. 1201. Funds provided in this Act for the ``Department
of Justice, United States Marshals Service, Salaries and
Expenses'' shall be made available according to the language
relating to such account in the joint explanatory statement
accompanying the conference report on H.R. 1591 of the 110th
Congress (H. Rept. 110-107).
Sec. 1202. Funds provided in this Act for the ``Department
of Justice, Legal Activities, Salaries and Expenses, General
Legal Activities'', shall be made available according to the
language relating to such account in the joint explanatory
statement accompanying the conference report on H.R. 1591 of
the 110th Congress (H. Rept. 110-107).
CHAPTER 3
DEPARTMENT OF DEFENSE--MILITARY
MILITARY PERSONNEL
Military Personnel, Army
For an additional amount for ``Military Personnel, Army'',
$8,510,270,000.
Military Personnel, Navy
For an additional amount for ``Military Personnel, Navy'',
$692,127,000.
Military Personnel, Marine Corps
For an additional amount for ``Military Personnel, Marine
Corps'', $1,386,871,000.
Military Personnel, Air Force
For an additional amount for ``Military Personnel, Air
Force'', $1,079,287,000.
Reserve Personnel, Army
For an additional amount for ``Reserve Personnel, Army'',
$147,244,000.
Reserve Personnel, Navy
For an additional amount for ``Reserve Personnel, Navy'',
$77,800,000.
Reserve Personnel, Air Force
For an additional amount for ``Reserve Personnel, Air
Force'', $5,500,000.
National Guard Personnel, Army
For an additional amount for ``National Guard Personnel,
Army'', $436,025,000.
National Guard Personnel, Air Force
For an additional amount for ``National Guard Personnel,
Air Force'', $24,500,000.
OPERATION AND MAINTENANCE
Operation and Maintenance, Army
For an additional amount for ``Operation and Maintenance,
Army'', $20,373,379,000.
Operation and Maintenance, Navy
(including transfer of funds)
For an additional amount for ``Operation and Maintenance,
Navy'', $4,652,670,000, of which up to $120,293,000 shall be
transferred to Coast Guard, ``Operating Expenses'', for
reimbursement for activities which support activities
requested by the Navy.
Operation and Maintenance, Marine Corps
For an additional amount for ``Operation and Maintenance,
Marine Corps'', $1,146,594,000.
Operation and Maintenance, Air Force
For an additional amount for ``Operation and Maintenance,
Air Force'', $6,650,881,000.
Operation and Maintenance, Defense-Wide
For an additional amount for ``Operation and Maintenance,
Defense-Wide'', $2,714,487,000, of which--
(1) not to exceed $25,000,000 may be used for the Combatant
Commander Initiative Fund, to be used in support of Operation
Iraqi Freedom and Operation Enduring Freedom; and
(2) not to exceed $200,000,000, to remain available until
expended, may be used for payments to reimburse Pakistan,
Jordan, and other key cooperating nations, for logistical,
military, and other support provided to United States
military operations, notwithstanding any other provision of
law: Provided, That such payments may be made in such amounts
as the Secretary of Defense, with the concurrence of the
Secretary of State, and in consultation with the Director of
the Office of Management and Budget, may determine, in his
discretion, based on documentation determined by the
Secretary of Defense to adequately account for the support
provided, and such determination is final and conclusive upon
the accounting officers of the United States, and 15 days
following notification to the appropriate congressional
committees: Provided further, That the Secretary of Defense
shall provide quarterly reports to the congressional defense
committees on the use of funds provided in this paragraph.
Operation and Maintenance, Army Reserve
For an additional amount for ``Operation and Maintenance,
Army Reserve'', $74,049,000.
Operation and Maintenance, Navy Reserve
For an additional amount for ``Operation and Maintenance,
Navy Reserve'', $111,066,000.
Operation and Maintenance, Marine Corps Reserve
For an additional amount for ``Operation and Maintenance,
Marine Corps Reserve'', $13,591,000.
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Operation and Maintenance, Air Force Reserve
For an additional amount for ``Operation and Maintenance,
Air Force Reserve'', $10,160,000.
Operation and Maintenance, Army National Guard
For an additional amount for ``Operation and Maintenance,
Army National Guard'', $83,569,000.
Operation and Maintenance, Air National Guard
For an additional amount for ``Operation and Maintenance,
Air National Guard'', $38,429,000.
Afghanistan Security Forces Fund
For an additional amount for ``Afghanistan Security Forces
Fund'', $5,906,400,000, to remain available until September
30, 2008.
Iraq Security Forces Fund
For an additional amount for ``Iraq Security Forces Fund'',
$3,842,300,000, to remain available until September 30, 2008.
Iraq Freedom Fund
(including transfer of funds)
For an additional amount for ``Iraq Freedom Fund'',
$355,600,000, to remain available for transfer until
September 30, 2008: Provided, That up to $50,000,000 may be
obligated and expended for purposes of the Task Force to
Improve Business and Stability Operations in Iraq.
Joint Improvised Explosive Device Defeat Fund
For an additional amount for ``Joint Improvised Explosive
Device Defeat Fund'', $2,432,800,000, to remain available
until September 30, 2009.
PROCUREMENT
Aircraft Procurement, Army
For an additional amount for ``Aircraft Procurement,
Army'', $619,750,000, to remain available until September 30,
2009.
Missile Procurement, Army
For an additional amount for ``Missile Procurement, Army'',
$111,473,000, to remain available until September 30, 2009.
Procurement of Weapons and Tracked Combat Vehicles, Army
For an additional amount for ``Procurement of Weapons and
Tracked Combat Vehicles, Army'', $3,404,315,000, to remain
available until September 30, 2009.
Procurement of Ammunition, Army
For an additional amount for ``Procurement of Ammunition,
Army'', $681,500,000, to remain available until September 30,
2009.
Other Procurement, Army
For an additional amount for ``Other Procurement, Army'',
$9,859,137,000, to remain available until September 30, 2009.
Aircraft Procurement, Navy
For an additional amount for ``Aircraft Procurement,
Navy'', $1,090,287,000, to remain available until September
30, 2009.
Weapons Procurement, Navy
For an additional amount for ``Weapons Procurement, Navy'',
$163,813,000, to remain available until September 30, 2009.
Procurement of Ammunition, Navy and Marine Corps
For an additional amount for ``Procurement of Ammunition,
Navy and Marine Corps'', $159,833,000, to remain available
until September 30, 2009.
Other Procurement, Navy
For an additional amount for ``Other Procurement, Navy'',
$618,709,000, to remain available until September 30, 2009.
Procurement, Marine Corps
For an additional amount for ``Procurement, Marine Corps'',
$989,389,000, to remain available until September 30, 2009.
Aircraft Procurement, Air Force
For an additional amount for ``Aircraft Procurement, Air
Force'', $2,106,468,000, to remain available until September
30, 2009.
Missile Procurement, Air Force
For an additional amount for ``Missile Procurement, Air
Force'', $94,900,000, to remain available until September 30,
2009.
Procurement of Ammunition, Air Force
For an additional amount for ``Procurement of Ammunition,
Air Force'', $6,000,000, to remain available until September
30, 2009.
Other Procurement, Air Force
For an additional amount for ``Other Procurement, Air
Force'', $1,957,160,000, to remain available until September
30, 2009.
Procurement, Defense-Wide
For an additional amount for ``Procurement, Defense-Wide'',
$721,190,000, to remain available until September 30, 2009.
RESEARCH, DEVELOPMENT, TEST AND EVALUATION
Research, Development, Test and Evaluation, Army
For an additional amount for ``Research, Development, Test
and Evaluation, Army'', $100,006,000, to remain available
until September 30, 2008.
Research, Development, Test and Evaluation, Navy
For an additional amount for ``Research, Development, Test
and Evaluation, Navy'', $298,722,000, to remain available
until September 30, 2008.
Research, Development, Test and Evaluation, Air Force
For an additional amount for ``Research, Development, Test
and Evaluation, Air Force'', $187,176,000, to remain
available until September 30, 2008.
Research, Development, Test and Evaluation, Defense-Wide
For an additional amount for ``Research, Development, Test
and Evaluation, Defense-Wide'', $512,804,000, to remain
available until September 30, 2008.
REVOLVING AND MANAGEMENT FUNDS
Defense Working Capital Funds
For an additional amount for ``Defense Working Capital
Funds'', $1,115,526,000.
National Defense Sealift Fund
For an additional amount for ``National Defense Sealift
Fund'', $5,000,000.
OTHER DEPARTMENT OF DEFENSE PROGRAMS
Defense Health Program
For an additional amount for ``Defense Health Program'',
$1,123,147,000.
Drug Interdiction and Counter-Drug Activities, Defense
For an additional amount for ``Drug Interdiction and
Counter-Drug Activities, Defense'', $254,665,000, to remain
available until expended.
RELATED AGENCIES
Intelligence Community Management Account
For an additional amount for ``Intelligence Community
Management Account'', $71,726,000.
GENERAL PROVISIONS--THIS CHAPTER
Sec. 1301. Appropriations provided in this Act are
available for obligation until September 30, 2007, unless
otherwise provided herein.
(transfer of funds)
Sec. 1302. Upon his determination that such action is
necessary in the national interest, the Secretary of Defense
may transfer between appropriations up to $3,500,000,000 of
the funds made available to the Department of Defense (except
for military construction) in this Act: Provided, That the
Secretary shall notify the Congress promptly of each transfer
made pursuant to the authority in this section: Provided
further, That the authority provided in this section is in
addition to any other transfer authority available to the
Department of Defense and is subject to the same terms and
conditions as the authority provided in section 8005 of the
Department of Defense Appropriations Act, 2007 (Public Law
109-289; 120 Stat. 1257), except for the fourth proviso:
Provided further, That funds previously transferred to the
``Joint Improvised Explosive Device Defeat Fund'' and the
``Iraq Security Forces Fund'' under the authority of section
8005 of Public Law 109-289 and transferred back to their
source appropriations accounts shall not be taken into
account for purposes of the limitation on the amount of funds
that may be transferred under section 8005.
Sec. 1303. Funds appropriated in this Act, or made
available by the transfer of funds in or pursuant to this
Act, for intelligence activities are deemed to be
specifically authorized by the Congress for purposes of
section 504(a)(1) of the National Security Act of 1947 (50
U.S.C. 414(a)(1)).
Sec. 1304. None of the funds provided in this Act may be
used to finance programs or activities denied by Congress in
fiscal years 2006 or 2007 appropriations to the Department of
Defense (except for military construction) or to initiate a
procurement or research, development, test and evaluation new
start program without prior written notification to the
congressional defense committees.
(TRANSFER OF FUNDS)
Sec. 1305. During fiscal year 2007, the Secretary of
Defense may transfer not to exceed $6,300,000 of the amounts
in or credited to the Defense Cooperation Account, pursuant
to 10 U.S.C. 2608, to such appropriations or funds of the
Department of Defense as he shall determine for use
consistent with the purposes for which such funds were
contributed and accepted: Provided, That such amounts shall
be available for the same time period as the appropriation to
which transferred: Provided further, That the Secretary shall
report to the Congress all transfers made pursuant to this
authority.
Sec. 1306. (a) Authority to Provide Support.--Of the amount
appropriated by this Act under the heading, ``Drug
Interdiction and Counter-Drug Activities, Defense'', not to
exceed $60,000,000 may be used for support for counter-drug
activities of the Governments of Afghanistan and Pakistan:
Provided, That such support shall be in addition to support
provided for the counter-drug activities of such Governments
under any other provision of the law.
(b) Types of Support.--
(1) Except as specified in subsection (b)(2) of this
section, the support that may be provided under the authority
in this section shall be limited to the types of support
specified in section 1033(c)(1) of the National Defense
Authorization Act for Fiscal Year 1998 (Public Law 105-85, as
amended by Public Laws 106-398, 108-136, and 109-364) and
conditions on the provision of support as contained in
section 1033 shall apply for fiscal year 2007.
(2) The Secretary of Defense may transfer vehicles,
aircraft, and detection, interception, monitoring and testing
equipment to said Governments for counter-drug activities.
Sec. 1307. (a) From funds made available for operation and
maintenance in this Act to the Department of Defense, not to
exceed $456,400,000 may be used, notwithstanding any other
provision of law, to fund the Commanders' Emergency Response
Program, for the purpose of enabling military commanders in
Iraq and Afghanistan to respond to urgent humanitarian relief
and reconstruction requirements within their areas of
responsibility by carrying out programs that will immediately
assist the Iraqi and Afghan people.
(b) Quarterly Reports.--Not later than 15 days after the
end of each fiscal year quarter,
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the Secretary of Defense shall submit to the congressional
defense committees a report regarding the source of funds and
the allocation and use of funds during that quarter that were
made available pursuant to the authority provided in this
section or under any other provision of law for the purposes
of the programs under subsection (a).
Sec. 1308. Section 9010 of division A of Public Law 109-289
is amended by striking ``2007'' each place it appears and
inserting ``2008''.
Sec. 1309. During fiscal year 2007, supervision and
administration costs associated with projects carried out
with funds appropriated to ``Afghanistan Security Forces
Fund'' or ``Iraq Security Forces Fund'' in this Act may be
obligated at the time a construction contract is awarded:
Provided, That for the purpose of this section, supervision
and administration costs include all in-house Government
costs.
Sec. 1310. Section 1005(c)(2) of the National Defense
Authorization Act, Fiscal Year 2007 (Public Law 109-364) is
amended by striking ``$310,277,000'' and inserting
``$376,446,000''.
Sec. 1311. Section 9007 of Public Law 109-289 is amended by
striking ``20'' and inserting ``287''.
Sec. 1312. From funds made available for the ``Iraq
Security Forces Fund'' for fiscal year 2007, up to
$155,500,000 may be used, notwithstanding any other provision
of law, to provide assistance, with the concurrence of the
Secretary of State, to the Government of Iraq to support the
disarmament, demobilization, and reintegration of militias
and illegal armed groups.
(transfer of funds)
Sec. 1313. Notwithstanding any other provision of law, not
to exceed $110,000,000 may be transferred to the ``Economic
Support Fund'', Department of State, for use in programs in
Pakistan from amounts appropriated by this Act as follows:
``Military Personnel, Army'', $70,000,000.
``National Guard Personnel, Army'', $13,183,000.
``Defense Health Program'', $26,817,000.
Sec. 1314. (a) Findings Regarding Progress in Iraq, the
Establishment of Benchmarks to Measure That Progress, and
Reports to Congress.--Congress makes the following findings:
(1) Over 145,000 American military personnel are currently
serving in Iraq, like thousands of others since March 2003,
with the bravery and professionalism consistent with the
finest traditions of the United States Armed Forces, and are
deserving of the strong support of all Americans.
(2) Many American service personnel have lost their lives,
and many more have been wounded in Iraq; the American people
will always honor their sacrifice and honor their families.
(3) The United States Army and Marine Corps, including
their Reserve components and National Guard organizations,
together with components of the other branches of the
military, are performing their missions while under enormous
strain from multiple, extended deployments to Iraq and
Afghanistan. These deployments, and those that will follow,
will have a lasting impact on future recruiting, retention,
and readiness of our Nation's all volunteer force.
(4) Iraq is experiencing a deteriorating problem of
sectarian and intrasectarian violence based upon political
distrust and cultural differences among factions of the Sunni
and Shia populations.
(5) Iraqis must reach political and economic settlements in
order to achieve reconciliation, for there is no military
solution. The failure of the Iraqis to reach such settlements
to support a truly unified government greatly contributes to
the increasing violence in Iraq.
(6) The responsibility for Iraq's internal security and
halting sectarian violence rests with the sovereign
Government of Iraq.
(7) In December 2006, the bipartisan Iraq Study Group
issued a valuable report, suggesting a comprehensive strategy
that includes new and enhanced diplomatic and political
efforts in Iraq and the region, and a change in the primary
mission of U.S. forces in Iraq, that will enable the United
States to begin to move its combat forces out of Iraq
responsibly.
(8) The President said on January 10, 2007, that ``I've
made it clear to the Prime Minister and Iraq's other leaders
that America's commitment is not open-ended'' so as to dispel
the contrary impression that exists.
(9) It is essential that the sovereign Government of Iraq
set out measurable and achievable benchmarks and President
Bush said, on January 10, 2007, that ``America will change
our approach to help the Iraqi government as it works to meet
these benchmarks''.
(10) As reported by Secretary of State Rice, Iraq's Policy
Committee on National Security agreed upon a set of
political, security, and economic benchmarks and an
associated timeline in September 2006 that were: (A)
reaffirmed by Iraq's Presidency Council on October 6, 2006;
(B) referenced by the Iraq Study Group; and (C) posted on the
President of Iraq's Web site.
(11) On April 21, 2007, Secretary of Defense Robert Gates
stated that ``our [American] commitment to Iraq is long-term,
but it is not a commitment to have our young men and women
patrolling Iraq's streets open-endedly'' and that ``progress
in reconciliation will be an important element of our
evaluation''.
(12) The President's January 10, 2007, address had three
components: political, military, and economic. Given that
significant time has passed since his statement, and
recognizing the overall situation is ever changing, Congress
must have timely reports to evaluate and execute its
constitutional oversight responsibilities.
(b) Conditioning of Future United States Strategy in Iraq
on the Iraqi Government's Record of Performance on Its
Benchmarks.--
(1) In general.--
(A) The United States strategy in Iraq, hereafter, shall be
conditioned on the Iraqi government meeting benchmarks, as
told to members of Congress by the President, the Secretary
of State, the Secretary of Defense, and the Chairman of the
Joint Chiefs of Staff, and reflected in the Iraqi
Government's commitments to the United States, and to the
international community, including:
(i) Forming a Constitutional Review Committee and then
completing the constitutional review.
(ii) Enacting and implementing legislation on de-
Baathification.
(iii) Enacting and implementing legislation to ensure the
equitable distribution of hydrocarbon resources of the people
of Iraq without regard to the sect or ethnicity of
recipients, and enacting and implementing legislation to
ensure that the energy resources of Iraq benefit Sunni Arabs,
Shia Arabs, Kurds, and other Iraqi citizens in an equitable
manner.
(iv) Enacting and implementing legislation on procedures to
form semi-autonomous regions.
(v) Enacting and implementing legislation establishing an
Independent High Electoral Commission, provincial elections
law, provincial council authorities, and a date for
provincial elections.
(vi) Enacting and implementing legislation addressing
amnesty.
(vii) Enacting and implementing legislation establishing a
strong militia disarmament program to ensure that such
security forces are accountable only to the central
government and loyal to the Constitution of Iraq.
(viii) Establishing supporting political, media, economic,
and services committees in support of the Baghdad Security
Plan.
(ix) Providing three trained and ready Iraqi brigades to
support Baghdad operations.
(x) Providing Iraqi commanders with all authorities to
execute this plan and to make tactical and operational
decisions, in consultation with U.S commanders, without
political intervention, to include the authority to pursue
all extremists, including Sunni insurgents and Shiite
militias.
(xi) Ensuring that the Iraqi Security Forces are providing
even handed enforcement of the law.
(xii) Ensuring that, according to President Bush, Prime
Minister Maliki said ``the Baghdad security plan will not
provide a safe haven for any outlaws, regardless of [their]
sectarian or political affiliation''.
(xiii) Reducing the level of sectarian violence in Iraq and
eliminating militia control of local security.
(xiv) Establishing all of the planned joint security
stations in neighborhoods across Baghdad.
(xv) Increasing the number of Iraqi security forces units
capable of operating independently.
(xvi) Ensuring that the rights of minority political
parties in the Iraqi legislature are protected.
(xvii) Allocating and spending $10 billion in Iraqi
revenues for reconstruction projects, including delivery of
essential services, on an equitable basis.
(xviii) Ensuring that Iraq's political authorities are not
undermining or making false accusations against members of
the Iraqi Security Forces.
(B) The President shall submit reports to Congress on how
the sovereign Government of Iraq is, or is not, achieving
progress towards accomplishing the aforementioned benchmarks,
and shall advise the Congress on how that assessment
requires, or does not require, changes to the strategy
announced on January 10, 2007.
(2) Reports required.--
(A) The President shall submit an initial report, in
classified and unclassified format, to the Congress, not
later than July 15, 2007, assessing the status of each of the
specific benchmarks established above, and declaring, in his
judgment, whether satisfactory progress toward meeting these
benchmarks is, or is not, being achieved.
(B) The President, having consulted with the Secretary of
State, the Secretary of Defense, the Commander, Multi-
National Forces-Iraq, the United States Ambassador to Iraq,
and the Commander of U.S. Central Command, will prepare the
report and submit the report to Congress.
(C) If the President's assessment of any of the specific
benchmarks established above is unsatisfactory, the President
shall include in that report a description of such revisions
to the political, economic, regional, and military components
of the strategy, as announced by the President on January 10,
2007. In addition, the President shall include in the report,
the advisability of implementing such aspects of the
bipartisan Iraq Study Group, as he deems appropriate.
(D) The President shall submit a second report to the
Congress, not later than September 15, 2007, following the
same procedures and criteria outlined above.
(E) The reporting requirement detailed in section 1227 of
the National Defense Authorization Act for Fiscal Year 2006
is waived from the date of the enactment of this Act through
the period ending September 15, 2007.
(3) Testimony before congress.--Prior to the submission of
the President's second report on September 15, 2007, and at a
time to be agreed upon by the leadership of the Congress and
the Administration, the United States Ambassador to Iraq and
the Commander, Multi-National Forces Iraq will be made
available to testify in open and closed sessions before the
relevant committees of the Congress.
(c) Limitations on Availability of Funds.--
(1) Limitation.--No funds appropriated or otherwise made
available for the ``Economic Support Fund'' and available for
Iraq may be obligated or expended unless and until the
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President of the United States certifies in the report
outlined in subsection (b)(2)(A) and makes a further
certification in the report outlined in subsection (b)(2)(D)
that Iraq is making progress on each of the benchmarks set
forth in subsection (b)(1)(A).
(2) Waiver authority.--The President may waive the
requirements of this section if he submits to Congress a
written certification setting forth a detailed justification
for the waiver, which shall include a detailed report
describing the actions being taken by the United States to
bring the Iraqi government into compliance with the
benchmarks set forth in subsection (b)(1)(A). The
certification shall be submitted in unclassified form, but
may include a classified annex.
(d) Redeployment of U.S. Forces From Iraq.--The President
of the United States, in respecting the sovereign rights of
the nation of Iraq, shall direct the orderly redeployment of
elements of U.S. forces from Iraq, if the components of the
Iraqi government, acting in strict accordance with their
respective powers given by the Iraqi Constitution, reach a
consensus as recited in a resolution, directing a
redeployment of U.S. forces.
(e) Independent Assessments.--
(1) Assessment by the comptroller general.--
(A) Not later than September 1, 2007, the Comptroller
General of the United States shall submit to Congress an
independent report setting forth--
(i) the status of the achievement of the benchmarks
specified in subsection (b)(1)(A); and
(ii) the Comptroller General's assessment of whether or not
each such benchmark has been met.
(2) Assessment of the capabilities of iraqi security
forces.--
(A) In general.--There is hereby authorized to be
appropriated for the Department of Defense, $750,000, that
the Department, in turn, will commission an independent,
private sector entity, which operates as a 501(c)(3), with
recognized credentials and expertise in military affairs, to
prepare an independent report assessing the following:
(i) The readiness of the Iraqi Security Forces (ISF) to
assume responsibility for maintaining the territorial
integrity of Iraq, denying international terrorists a safe
haven, and bringing greater security to Iraq's 18 provinces
in the next 12 to 18 months, and bringing an end to sectarian
violence to achieve national reconciliation.
(ii) The training, equipping, command, control and
intelligence capabilities, and logistics capacity of the ISF.
(iii) The likelihood that, given the ISF's record of
preparedness to date, following years of training and
equipping by U.S. forces, the continued support of U.S.
troops will contribute to the readiness of the ISF to fulfill
the missions outlined in clause (i).
(B) Report.--Not later than 120 days after the enactment of
this Act, the designated private sector entity shall provide
an unclassified report, with a classified annex, containing
its findings, to the House and Senate Committees on Armed
Services, Appropriations, Foreign Relations/International
Relations, and Intelligence.
CHAPTER 4
DEPARTMENT OF ENERGY
ATOMIC ENERGY DEFENSE ACTIVITIES
National Nuclear Security Administration
Defense Nuclear Nonproliferation
For an additional amount for ``Defense Nuclear
Nonproliferation'', $63,000,000, to remain available until
expended.
CHAPTER 5
DEPARTMENT OF DEFENSE
Military Construction, Army
For an additional amount for ``Military Construction,
Army'', $1,255,890,000, to remain available until September
30, 2008: Provided, That notwithstanding any other provision
of law, such funds may be obligated and expended to carry out
planning and design and military construction projects not
otherwise authorized by law: Provided further, That of the
funds provided under this heading, not to exceed $173,700,000
shall be available for study, planning, design, and architect
and engineer services: Provided further, That of the funds
made available under this heading, $369,690,000 shall not be
obligated or expended until the Secretary of Defense submits
a detailed report explaining how military road construction
is coordinated with NATO and coalition nations: Provided
further, That of the funds made available under this heading,
$401,700,000 shall not be obligated or expended until the
Secretary of Defense submits a detailed stationing plan to
support Army end-strength growth to the Committees on
Appropriations of the House of Representatives and the
Senate: Provided further, That of the funds provided under
this heading, $274,800,000 shall not be obligated or expended
until the Secretary of Defense certifies that none of the
funds are to be used for the purpose of providing facilities
for the permanent basing of United States military personnel
in Iraq.
Military Construction, Navy and Marine Corps
For an additional amount for ``Military Construction, Navy
and Marine Corps'', $370,990,000, to remain available until
September 30, 2008: Provided, That notwithstanding any other
provision of law, such funds may be obligated and expended to
carry out planning and design and military construction
projects not otherwise authorized by law: Provided further,
That of the funds provided under this heading, not to exceed
$49,600,000 shall be available for study, planning, design,
and architect and engineer services: Provided further, That
of the funds made available under this heading, $324,270,000
shall not be obligated or expended until the Secretary of
Defense submits a detailed stationing plan to support Marine
Corps end-strength growth to the Committees on Appropriations
of the House of Representatives and the Senate.
Military Construction, Air Force
For an additional amount for ``Military Construction, Air
Force'', $43,300,000, to remain available until September 30,
2008: Provided, That notwithstanding any other provision of
law, such funds may be obligated and expended to carry out
planning and design and military construction projects not
otherwise authorized by law: Provided further, That of the
funds provided under this heading, not to exceed $3,000,000
shall be available for study, planning, design, and architect
and engineer services.
GENERAL PROVISION--THIS CHAPTER
Sec. 1501. (a) Funds provided in this Act for the following
accounts shall be made available for programs under the
conditions contained in the language of the joint explanatory
statement of managers accompanying the conference report on
H.R. 1591 of the 110th Congress (H. Rept. 110-107):
``Military Construction, Army''.
``Military Construction, Navy and Marine Corps''.
``Military Construction, Air Force''.
(b) The Secretary of Defense shall submit all reports
requested in House Report 110-60 and Senate Report 110-37 to
the Committees on Appropriations of both Houses of Congress.
CHAPTER 6
DEPARTMENT OF STATE AND RELATED AGENCY
DEPARTMENT OF STATE
Administration of Foreign Affairs
DIPLOMATIC AND CONSULAR PROGRAMS
(INCLUDING TRANSFER OF FUNDS)
For an additional amount for ``Diplomatic and Consular
Programs'', $836,555,000, to remain available until September
30, 2008, of which $64,655,000 for World Wide Security
Upgrades is available until expended: Provided, That of the
funds appropriated under this heading, not more than
$20,000,000 shall be made available for public diplomacy
programs: Provided further, That prior to the obligation of
funds pursuant to the previous proviso, the Secretary of
State shall submit a report to the Committees on
Appropriations describing a comprehensive public diplomacy
strategy, with goals and expected results, for fiscal years
2007 and 2008: Provided further, That 20 percent of the
amount available for Iraq operations shall not be obligated
until the Committees on Appropriations receive and approve a
detailed plan for expenditure, prepared by the Secretary of
State, and submitted within 60 days after the date of
enactment of this Act: Provided further, That of the amount
made available under this heading for Iraq, not to exceed
$20,000,000 may be transferred to, and merged with, funds in
the ``Emergencies in the Diplomatic and Consular Service''
appropriations account, to be available only for terrorism
rewards.
OFFICE OF THE INSPECTOR GENERAL
(INCLUDING TRANSFER OF FUNDS)
For an additional amount for ``Office of Inspector
General'', $35,000,000, to remain available until December
31, 2008: Provided, That such amount shall be transferred to
the Special Inspector General for Iraq Reconstruction for
reconstruction oversight.
Educational and Cultural Exchange Programs
For an additional amount for ``Educational and Cultural
Exchange Programs'', $20,000,000, to remain available until
expended.
International Organizations
Contributions for International Peacekeeping Activities
For an additional amount for ``Contributions for
International Peacekeeping Activities'', $283,000,000, to
remain available until September 30, 2008.
RELATED AGENCY
Broadcasting Board of Governors
International Broadcasting Operations
For an additional amount for ``International Broadcasting
Operations'' for activities related to broadcasting to the
Middle East, $10,000,000, to remain available until September
30, 2008.
BILATERAL ECONOMIC ASSISTANCE
Funds Appropriated to the President
United States Agency for International Development
Child Survival and Health Programs Fund
(including transfer of funds)
For an additional amount for ``Child Survival and Health
Programs Fund'', $161,000,000, to remain available until
September 30, 2008: Provided, That notwithstanding any other
provision of law, if the President determines and reports to
the Committees on Appropriations that the human-to-human
transmission of the avian influenza virus is efficient and
sustained, and is spreading internationally, funds made
available under the heading ``Millennium Challenge
Corporation'' and ``Global HIV/AIDS Initiative'' in prior
Acts making appropriations for foreign operations, export
financing, and related programs may be transferred to, and
merged with, funds made available under this heading to
combat avian influenza: Provided further, That funds made
available pursuant to the authority of the previous proviso
shall be subject to the regular notification procedures of
the Committees on Appropriations.
International Disaster and Famine Assistance
For an additional amount for ``International Disaster and
Famine Assistance'', $105,000,000, to remain available until
expended.
[[Page S6799]]
Operating Expenses of the United States Agency for International
Development
For an additional amount for ``Operating Expenses of the
United States Agency for International Development'',
$5,700,000, to remain available until September 30, 2008.
Other Bilateral Economic Assistance
Economic Support Fund
For an additional amount for ``Economic Support Fund'',
$2,502,000,000, to remain available until September 30, 2008:
Provided, That of the funds appropriated under this heading,
$57,400,000 shall be made available to nongovernmental
organizations in Iraq for economic and social development
programs and activities in areas of conflict: Provided
further, That the responsibility for policy decisions and
justifications for the use of funds appropriated by the
previous proviso shall be the responsibility of the United
States Chief of Mission in Iraq: Provided further, That none
of the funds appropriated under this heading in this Act or
in prior Acts making appropriations for foreign operations,
export financing, and related programs may be made available
for the Political Participation Fund and the National
Institutions Fund: Provided further, That of the funds made
available under the heading ``Economic Support Fund'' in
Public Law 109-234 for Iraq to promote democracy, rule of law
and reconciliation, $2,000,000 should be made available for
the United States Institute of Peace for programs and
activities in Afghanistan to remain available until September
30, 2008.
Assistance for Eastern Europe and the Baltic States
For an additional amount for ``Assistance for Eastern
Europe and the Baltic States'', $214,000,000, to remain
available until September 30, 2008, for assistance for
Kosovo.
Department of State
Democracy Fund
For an additional amount for ``Democracy Fund'',
$255,000,000, to remain available until September 30, 2008:
Provided, That of the funds appropriated under this heading,
not less than $190,000,000 shall be made available for the
Human Rights and Democracy Fund of the Bureau of Democracy,
Human Rights, and Labor, Department of State, and not less
than $60,000,000 shall be made available for the United
States Agency for International Development, for democracy,
human rights and rule of law programs in Iraq: Provided
further, That not later than 60 days after enactment of this
Act, the Secretary of State shall submit a report to the
Committees on Appropriations describing a comprehensive,
long-term strategy, with goals and expected results, for
strengthening and advancing democracy in Iraq.
International Narcotics Control and Law Enforcement
For an additional amount for ``International Narcotics
Control and Law Enforcement'', $210,000,000, to remain
available until September 30, 2008.
Migration and Refugee Assistance
For an additional amount for ``Migration and Refugee
Assistance'', $71,500,000, to remain available until
September 30, 2008, of which not less than $5,000,000 shall
be made available to rescue Iraqi scholars.
United States Emergency Refugee and Migration Assistance Fund
For an additional amount for ``United States Emergency
Refugee and Migration Assistance Fund'', $30,000,000, to
remain available until expended.
Nonproliferation, Anti-terrorism, Demining and Related Programs
For an additional amount for ``Nonproliferation, Anti-
Terrorism, Demining and Related Programs'', $27,500,000, to
remain available until September 30, 2008.
Department of the Treasury
International Affairs Technical Assistance
For an additional amount for ``International Affairs
Technical Assistance'', $2,750,000, to remain available until
September 30, 2008.
MILITARY ASSISTANCE
Funds Appropriated to the President
Foreign Military Financing Program
For an additional amount for ``Foreign Military Financing
Program'', $220,000,000, to remain available until September
30, 2008.
Peacekeeping Operations
For an additional amount for ``Peacekeeping Operations'',
$190,000,000, to remain available until September 30, 2008:
Provided, That not later than 30 days after enactment of this
Act and every 30 days thereafter until September 30, 2008,
the Secretary of State shall submit a report to the
Committees on Appropriations detailing the obligation and
expenditure of funds made available under this heading in
this Act and in prior Acts making appropriations for foreign
operations, export financing, and related programs.
GENERAL PROVISION--THIS CHAPTER
authorization of funds
Sec. 1601. Funds appropriated by this Act may be obligated
and expended notwithstanding section 10 of Public Law 91-672
(22 U.S.C. 2412), section 15 of the State Department Basic
Authorities Act of 1956 (22 U.S.C. 2680), section 313 of the
Foreign Relations Authorization Act, Fiscal Years 1994 and
1995 (22 U.S.C. 6212), and section 504(a)(1) of the National
Security Act of 1947 (50 U.S.C. 414(a)(1)).
TITLE II--HURRICANE KATRINA RECOVERY
DEPARTMENT OF HOMELAND SECURITY
Federal Emergency Management Agency
DISASTER RELIEF
For an additional amount for ``Disaster Relief'',
$3,400,000,000, to remain available until expended.
TITLE III--ADDITIONAL DEFENSE, INTERNATIONAL AFFAIRS, AND HOMELAND
SECURITY PROVISIONS
CHAPTER 1
DEPARTMENT OF AGRICULTURE
Foreign Agricultural Service
Public Law 480 Title II Grants
For an additional amount for ``Public Law 480 Title II
Grants'', during the current fiscal year, not otherwise
recoverable, and unrecovered prior years' costs, including
interest thereon, under the Agricultural Trade Development
and Assistance Act of 1954, for commodities supplied in
connection with dispositions abroad under title II of said
Act, $100,000,000, to remain available until expended.
GENERAL PROVISION--THIS CHAPTER
Sec. 3101. There is hereby appropriated $10,000,000 to
reimburse the Commodity Credit Corporation for the release of
eligible commodities under section 302(f)(2)(A) of the Bill
Emerson Humanitarian Trust Act (7 U.S.C. 1736f-1): Provided,
That any such funds made available to reimburse the Commodity
Credit Corporation shall only be used to replenish the Bill
Emerson Humanitarian Trust.
CHAPTER 2
DEPARTMENT OF JUSTICE
Federal Bureau of Investigation
Salaries and Expenses
For an additional amount for ``Salaries and Expenses'',
$139,740,000, of which $129,740,000 is to remain available
until September 30, 2008 and $10,000,000 is to remain
available until expended to implement corrective actions in
response to the findings and recommendations in the
Department of Justice Office of Inspector General report
entitled, ``A Review of the Federal Bureau of Investigation's
Use of National Security Letters'', of which $500,000 shall
be transferred to and merged with ``Department of Justice,
Office of the Inspector General''.
Drug Enforcement Administration
salaries and expenses
For an additional amount for ``Salaries and Expenses'',
$3,698,000, to remain available until September 30, 2008.
GENERAL PROVISION--THIS CHAPTER
Sec. 3201. Funds provided in this Act for the ``Department
of Justice, Federal Bureau of Investigation, Salaries and
Expenses'', shall be made available according to the language
relating to such account in the joint explanatory statement
accompanying the conference report on H.R. 1591 of the 110th
Congress (H. Rept. 110-107).
CHAPTER 3
DEPARTMENT OF DEFENSE--MILITARY
MILITARY PERSONNEL
Military Personnel, Army
For an additional amount for ``Military Personnel, Army'',
$343,080,000.
Military Personnel, Navy
For an additional amount for ``Military Personnel, Navy'',
$408,283,000.
Military Personnel, Marine Corps
For an additional amount for ``Military Personnel, Marine
Corps'', $108,956,000.
Military Personnel, Air Force
For an additional amount for ``Military Personnel, Air
Force'', $139,300,000.
Reserve Personnel, Navy
For an additional amount for ``Reserve Personnel, Navy'',
$8,223,000.
Reserve Personnel, Marine Corps
For an additional amount for ``Reserve Personnel, Marine
Corps'', $5,660,000.
Reserve Personnel, Air Force
For an additional amount for ``Reserve Personnel, Air
Force'', $6,073,000.
National Guard Personnel, Army
For an additional amount for ``National Guard Personnel,
Army'', $109,261,000.
National Guard Personnel, Air Force
For an additional amount for ``National Guard Personnel,
Air Force'', $19,533,000.
OPERATION AND MAINTENANCE
Operation and Maintenance, Navy
For an additional amount for ``Operation and Maintenance,
Navy'', $24,000,000.
Strategic Reserve Readiness Fund
(including transfer of funds)
In addition to amounts provided in this or any other Act,
for training, operations, repair of equipment, purchases of
equipment, and other expenses related to improving the
readiness of non-deployed United States military forces,
$1,615,000,000, to remain available until September 30, 2009;
of which $1,000,000,000 shall be transferred to ``National
Guard and Reserve Equipment'' for the purchase of equipment
for the Army National Guard; and of which $615,000,000 shall
be transferred by the Secretary of Defense only to
appropriations for military personnel, operation and
maintenance, procurement, and defense working capital funds
to accomplish the purposes provided herein: Provided, That
the funds transferred shall be merged with and shall be
available for the same purposes and for the same time period
as the appropriation to which transferred: Provided further,
That the Secretary of Defense shall, not fewer than 30 days
prior to making transfers under this authority, notify the
congressional defense committees in writing of the details of
any such transfers made pursuant to this authority: Provided
further, That funds shall be transferred to the appropriation
accounts not
[[Page S6800]]
later than 120 days after the enactment of this Act: Provided
further, That the transfer authority provided in this
paragraph is in addition to any other transfer authority
available to the Department of Defense: Provided further,
That upon a determination that all or part of the funds
transferred from this appropriation are not necessary for the
purposes provided herein, such amounts may be transferred
back to this appropriation.
PROCUREMENT
Other Procurement, Army
For an additional amount for ``Other Procurement, Army'',
$1,217,000,000, to remain available until September 30, 2009:
Provided, That the amount provided under this heading shall
be available only for the purchase of mine resistant ambush
protected vehicles.
Other Procurement, Navy
For an additional amount for ''Other Procurement, Navy'',
$130,040,000, to remain available until September 30, 2009:
Provided, That the amount provided under this heading shall
be available only for the purchase of mine resistant ambush
protected vehicles.
Procurement, Marine Corps
For an additional amount for ``Procurement, Marine Corps'',
$1,263,360,000, to remain available until September 30, 2009:
Provided, That the amount provided under this heading shall
be available only for the purchase of mine resistant ambush
protected vehicles.
Other Procurement, Air Force
For an additional amount for ``Other Procurement, Air
Force'', $139,040,000, to remain available until September
30, 2009: Provided, That the amount provided under this
heading shall be available only for the purchase of mine
resistant ambush protected vehicles.
Procurement, Defense-Wide
For an additional amount for ``Procurement, Defense-Wide'',
$258,860,000, to remain available until September 30, 2009:
Provided, That the amount provided under this heading shall
be available only for the purchase of mine resistant ambush
protected vehicles.
OTHER DEPARTMENT OF DEFENSE PROGRAMS
Defense Health Program
(including transfer of funds)
For an additional amount for ``Defense Health Program'',
$1,878,706,000; of which $1,429,006,000 shall be for
operation and maintenance, including $600,000,000 which shall
be available for the treatment of traumatic brain injury and
post-traumatic stress disorder and remain available until
September 30, 2008; of which $118,000,000 shall be for
procurement, to remain available until September 30, 2009;
and of which $331,700,000 shall be for research, development,
test and evaluation, to remain available until September 30,
2008: Provided, That if the Secretary of Defense determines
that funds made available in this paragraph for the treatment
of traumatic brain injury and post-traumatic stress disorder
are in excess of the requirements of the Department of
Defense, the Secretary may transfer amounts in excess of that
requirement to the Department of Veterans Affairs to be
available only for the same purpose.
GENERAL PROVISIONS--THIS CHAPTER
Sec. 3301. None of the funds appropriated or otherwise made
available by this or any other Act shall be obligated or
expended by the United States Government for a purpose as
follows:
(1) To establish any military installation or base for the
purpose of providing for the permanent stationing of United
States Armed Forces in Iraq.
(2) To exercise United States control over any oil resource
of Iraq.
Sec. 3302. None of the funds made available in this Act may
be used in contravention of the following laws enacted or
regulations promulgated to implement the United Nations
Convention Against Torture and Other Cruel, Inhuman or
Degrading Treatment or Punishment (done at New York on
December 10, 1984)--
(1) section 2340A of title 18, United States Code;
(2) section 2242 of the Foreign Affairs Reform and
Restructuring Act of 1998 (division G of Public Law 105-277;
112 Stat. 2681-822; 8 U.S.C. 1231 note) and regulations
prescribed thereto, including regulations under part 208 of
title 8, Code of Federal Regulations, and part 95 of title
22, Code of Federal Regulations; and
(3) sections 1002 and 1003 of the Department of Defense,
Emergency Supplemental Appropriations to Address Hurricanes
in the Gulf of Mexico, and Pandemic Influenza Act, 2006
(Public Law 109-148).
Sec. 3303. (a) Report by Secretary of Defense.--Not later
than 30 days after the date of the enactment of this Act, the
Secretary of Defense shall submit to the congressional
defense committees a report that contains individual
transition readiness assessments by unit of Iraq and Afghan
security forces. The Secretary of Defense shall submit to the
congressional defense committees updates of the report
required by this subsection every 90 days after the date of
the submission of the report until October 1, 2008. The
report and updates of the report required by this subsection
shall be submitted in classified form.
(b) Report by OMB.--
(1) The Director of the Office of Management and Budget, in
consultation with the Secretary of Defense; the Commander,
Multi-National Security Transition Command--Iraq; and the
Commander, Combined Security Transition Command--Afghanistan,
shall submit to the congressional defense committees not
later than 120 days after the date of the enactment of this
Act and every 90 days thereafter a report on the proposed use
of all funds under each of the headings ``Iraq Security
Forces Fund'' and ``Afghanistan Security Forces Fund'' on a
project-by-project basis, for which the obligation of funds
is anticipated during the three-month period from such date,
including estimates by the commanders referred to in this
paragraph of the costs required to complete each such
project.
(2) The report required by this subsection shall include
the following:
(A) The use of all funds on a project-by-project basis for
which funds appropriated under the headings referred to in
paragraph (1) were obligated prior to the submission of the
report, including estimates by the commanders referred to in
paragraph (1) of the costs to complete each project.
(B) The use of all funds on a project-by-project basis for
which funds were appropriated under the headings referred to
in paragraph (1) in prior appropriations Acts, or for which
funds were made available by transfer, reprogramming, or
allocation from other headings in prior appropriations Acts,
including estimates by the commanders referred to in
paragraph (1) of the costs to complete each project.
(C) An estimated total cost to train and equip the Iraq and
Afghan security forces, disaggregated by major program and
sub-elements by force, arrayed by fiscal year.
(c) Notification.--The Secretary of Defense shall notify
the congressional defense committees of any proposed new
projects or transfers of funds between sub-activity groups in
excess of $15,000,000 using funds appropriated by this Act
under the headings ``Iraq Security Forces Fund'' and
``Afghanistan Security Forces Fund''.
Sec. 3304. None of the funds appropriated or otherwise made
available by this Act may be obligated or expended to provide
award fees to any defense contractor contrary to the
provisions of section 814 of the National Defense
Authorization Act, Fiscal Year 2007 (Public Law 109-364).
Sec. 3305. Not more than 85 percent of the funds
appropriated to the Department of Defense in this Act for
operation and maintenance shall be available for obligation
unless and until the Secretary of Defense submits to the
congressional defense committees a report detailing the use
of Department of Defense funded service contracts conducted
in the theater of operations in support of United States
military and reconstruction activities in Iraq and
Afghanistan: Provided, That the report shall provide detailed
information specifying the number of contracts and contract
costs used to provide services in fiscal year 2006, with sub-
allocations by major service categories: Provided further,
That the report also shall include estimates of the number of
contracts to be executed in fiscal year 2007: Provided
further, That the report shall include the number of
contractor personnel in Iraq and Afghanistan funded by the
Department of Defense: Provided further, That the report
shall be submitted to the congressional defense committees
not later than August 1, 2007.
Sec. 3306. Section 1477 of title 10, United States Code, is
amended--
(1) in subsection (a), by striking ``A death gratuity'' and
inserting ``Subject to subsection (d), a death gratuity'';
(2) by redesignating subsection (d) as subsection (e) and,
in such subsection, by striking ``If an eligible survivor
dies before he'' and inserting ``If a person entitled to all
or a portion of a death gratuity under subsection (a) or (d)
dies before the person''; and
(3) by inserting after subsection (c) the following new
subsection (d):
``(d) During the period beginning on the date of the
enactment of this subsection and ending on September 30,
2007, a person covered by section 1475 or 1476 of this title
may designate another person to receive not more than 50
percent of the amount payable under section 1478 of this
title. The designation shall indicate the percentage of the
amount, to be specified only in 10 percent increments up to
the maximum of 50 percent, that the designated person may
receive. The balance of the amount of the death gratuity
shall be paid to or for the living survivors of the person
concerned in accordance with paragraphs (1) through (5) of
subsection (a).''.
Sec. 3307. (a) Inspection of Military Medical Treatment
Facilities, Military Quarters Housing Medical Hold Personnel,
and Military Quarters Housing Medical Holdover Personnel.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, and annually thereafter, the
Secretary of Defense shall inspect each facility of the
Department of Defense as follows:
(A) Each military medical treatment facility.
(B) Each military quarters housing medical hold personnel.
(C) Each military quarters housing medical holdover
personnel.
(2) Purpose.--The purpose of an inspection under this
subsection is to ensure that the facility or quarters
concerned meets acceptable standards for the maintenance and
operation of medical facilities, quarters housing medical
hold personnel, or quarters housing medical holdover
personnel, as applicable.
(b) Acceptable Standards.--For purposes of this section,
acceptable standards for the operation and maintenance of
military medical treatment facilities, military quarters
housing medical hold personnel, or military quarters housing
medical holdover personnel are each of the following:
(1) Generally accepted standards for the accreditation of
medical facilities, or for facilities used to quarter
individuals with medical conditions that may require medical
supervision, as applicable, in the United States.
(2) Where appropriate, standards under the Americans with
Disabilities Act of 1990 (42 U.S.C. 12101 et seq.).
(c) Additional Inspections on Identified Deficiencies.--
[[Page S6801]]
(1) In general.--In the event a deficiency is identified
pursuant to subsection (a) at a facility or quarters
described in paragraph (1) of that subsection--
(A) the commander of such facility or quarters, as
applicable, shall submit to the Secretary a detailed plan to
correct the deficiency; and
(B) the Secretary shall reinspect such facility or
quarters, as applicable, not less often than once every 180
days until the deficiency is corrected.
(2) Construction with other inspections.--An inspection of
a facility or quarters under this subsection is in addition
to any inspection of such facility or quarters under
subsection (a).
(d) Reports on Inspections.--A complete copy of the report
on each inspection conducted under subsections (a) and (c)
shall be submitted in unclassified form to the applicable
military medical command and to the congressional defense
committees.
(e) Report on Standards.--In the event no standards for the
maintenance and operation of military medical treatment
facilities, military quarters housing medical hold personnel,
or military quarters housing medical holdover personnel exist
as of the date of the enactment of this Act, or such
standards as do exist do not meet acceptable standards for
the maintenance and operation of such facilities or quarters,
as the case may be, the Secretary shall, not later than 30
days after that date, submit to the congressional defense
committees a report setting forth the plan of the Secretary
to ensure--
(1) the adoption by the Department of standards for the
maintenance and operation of military medical facilities,
military quarters housing medical hold personnel, or military
quarters housing medical holdover personnel, as applicable,
that meet--
(A) acceptable standards for the maintenance and operation
of such facilities or quarters, as the case may be; and
(B) where appropriate, standards under the Americans with
Disabilities Act of 1990; and
(2) the comprehensive implementation of the standards
adopted under paragraph (1) at the earliest date practicable.
Sec. 3308. (a) Award of Medal of Honor to Woodrow W. Keeble
for Valor During Korean War.--Notwithstanding any applicable
time limitation under section 3744 of title 10, United States
Code, or any other time limitation with respect to the award
of certain medals to individuals who served in the Armed
Forces, the President may award to Woodrow W. Keeble the
Medal of Honor under section 3741 of that title for the acts
of valor described in subsection (b).
(b) Acts of Valor.--The acts of valor referred to in
subsection (a) are the acts of Woodrow W. Keeble, then-acting
platoon leader, carried out on October 20, 1951, during the
Korean War.
(TRANSFER OF FUNDS)
Sec. 3309. Of the amount appropriated under the heading
``Other Procurement, Army'', in title III of division A of
Public Law 109-148, $6,250,000 shall be transferred to
``Military Construction, Army''.
Sec. 3310. The Secretary of Defense, notwithstanding any
other provision of law, acting through the Office of Economic
Adjustment or the Office of Dependents Education of the
Department of Defense, shall use not less than $10,000,000 of
funds made available in this Act under the heading
``Operation and Maintenance, Defense-Wide'' to make grants
and supplement other Federal funds to provide special
assistance to local education agencies.
Sec. 3311. Congress finds that United States military units
should not enter into combat unless they are fully capable of
performing their assigned mission. Congress further finds
that this is the policy of the Department of Defense. The
Secretary of Defense shall notify Congress of any changes to
this policy.
CHAPTER 4
DEPARTMENT OF ENERGY
ATOMIC ENERGY DEFENSE ACTIVITIES
National Nuclear Security Administration
Defense Nuclear Nonproliferation
For an additional amount for ``Defense Nuclear
Nonproliferation'', $72,000,000 is provided for the
International Nuclear Materials Protection and Cooperation
Program, to remain available until expended.
GENERAL PROVISION--THIS CHAPTER
(TRANSFER OF FUNDS)
Sec. 3401. The Administrator of the National Nuclear
Security Administration is authorized to transfer up to
$1,000,000 from Defense Nuclear Nonproliferation to the
Office of the Administrator during fiscal year 2007
supporting nuclear nonproliferation activities.
CHAPTER 5
DEPARTMENT OF HOMELAND SECURITY
Analysis and Operations
For an additional amount for ``Analysis and Operations'',
$8,000,000, to remain available until September 30, 2008, to
be used for support of the State and Local Fusion Center
program: Provided, That starting July 1, 2007, the Secretary
of Homeland Security shall submit quarterly reports to the
Committees on Appropriations of the Senate and the House of
Representatives detailing the information required in House
Report 110-107.
United States Customs and Border Protection
SALARIES AND EXPENSES
(INCLUDING TRANSFER OF FUNDS)
For an additional amount for ``Salaries and Expenses'',
$75,000,000, to remain available until September 30, 2008, to
support hiring not less than 400 additional United States
Customs and Border Protection Officers, as well as additional
intelligence analysts, trade specialists, and support staff
to target and screen U.S.-bound cargo on the Northern Border,
at overseas locations, and at the National Targeting Center;
to support hiring additional staffing required for Northern
Border Air and Marine operations; to implement Security and
Accountability For Every Port Act of 2006 (Public Law 109-
347) requirements; to advance the goals of the Secure Freight
Initiative to improve significantly the ability of United
States Customs and Border Protection to target and analyze
U.S.-bound cargo containers; to expand overseas screening and
physical inspection capacity for U.S.-bound cargo; to procure
and integrate non-intrusive inspection equipment into
inspection and radiation detection operations; and to improve
supply chain security, to include enhanced analytic and
targeting systems using data collected via commercial and
government technologies and databases: Provided, That up to
$3,000,000 shall be transferred to Federal Law Enforcement
Training Center ``Salaries and Expenses'', for basic training
costs associated with the additional personnel funded under
this heading: Provided further, That the Secretary shall
submit an expenditure plan for the use of these funds to the
Committees on Appropriations of the Senate and the House of
Representatives no later than 30 days after enactment of this
Act: Provided further, That the Secretary shall notify the
Committees on Appropriations of the Senate and the House of
Representatives immediately if United States Customs and
Border Protection does not expect to achieve its plan of
having at least 1,158 Border Patrol agents permanently
deployed to the Northern Border by the end of fiscal year
2007, and explain in detail the reasons for any shortfall.
Air and Marine Interdiction, Operations, Maintenance, and Procurement
For an additional amount for ``Air and Marine Interdiction,
Operations, Maintenance, and Procurement'', for air and
marine operations on the Northern Border, including the final
Northern Border air wing, $75,000,000, to remain available
until September 30, 2008, to accelerate planned deployment of
Northern Border Air and Marine operations, including
establishment of the final Northern Border airwing,
procurement of assets such as fixed wing aircraft,
helicopters, unmanned aerial systems, marine and riverine
vessels, and other equipment, relocation of aircraft, site
acquisition, and the design and building of facilities:
Provided, That the Secretary shall submit an expenditure plan
for the use of these funds to the Committees on
Appropriations of the Senate and the House of Representatives
no later than 30 days after enactment of this Act.
United States Immigration and Customs Enforcement
Salaries and Expenses
For an additional amount for ``Salaries and Expenses'',
$6,000,000, to remain available until September 30, 2008; of
which $5,000,000 shall be for the creation of a security
advisory opinion unit within the Visa Security Program; and
of which $1,000,000 shall be for the Human Smuggling and
Trafficking Center.
Transportation Security Administration
Aviation Security
For an additional amount for ``Aviation Security'',
$390,000,000; of which $285,000,000 shall be for procurement
and installation of checked baggage explosives detection
systems, to remain available until expended; of which
$25,000,000 shall be for checkpoint explosives detection
equipment and pilot screening technologies, to remain
available until expended; and of which $80,000,000 shall be
for air cargo security, to remain available until September
30, 2009: Provided, That of the air cargo funding made
available under this heading, the Transportation Security
Administration shall hire no fewer than 150 additional air
cargo inspectors to establish a more robust enforcement and
compliance program; complete air cargo vulnerability
assessments for all Category X airports; expand the National
Explosives Detection Canine Program by no fewer than 170
additional canine teams, including the use of agency led
teams; pursue canine screening methods utilized
internationally that focus on air samples; and procure and
install explosive detection systems, explosive trace
machines, and other technologies to screen air cargo:
Provided further, That no later than 90 days after the date
of enactment of this Act, the Secretary shall provide the
Committees on Appropriations of the Senate and the House of
Representatives an expenditure plan detailing how the
Transportation Security Administration will utilize funding
provided under this heading.
Federal Air Marshals
For an additional amount for ``Federal Air Marshals'',
$5,000,000, to remain available until September 30, 2008:
Provided, That no later than 30 days after enactment of this
Act, the Secretary shall provide the Committees on
Appropriations of the Senate and the House of Representatives
a report on how these additional funds will be allocated.
National Protection and Programs
Infrastructure Protection and Information Security
For an additional amount for ``Infrastructure Protection
and Information Security'', $24,000,000, to remain available
until September 30, 2008; of which $12,000,000 shall be for
development of State and local interoperability plans as
discussed in House Report 110-107; and of which $12,000,000
shall be for implementation of chemical facility security
regulations: Provided, That within 30 days of the date of
enactment of this Act the Secretary of Homeland Security
shall submit to the Committees on Appropriations of the
Senate and the House of Representatives detailed expenditure
plans for execution of these funds: Provided further, That
within 30
[[Page S6802]]
days of the date of enactment of this Act, the Secretary of
Homeland Security shall submit to the Committees on
Appropriations of the Senate and the House of Representatives
a report on the computer forensics training center detailing
the information required in House Report 110-107.
Office of Health Affairs
For expenses for the ``Office of Health Affairs'',
$8,000,000, to remain available until September 30, 2008:
Provided, That of the amount made available under this
heading, $5,500,000 is for nuclear event public health
assessment and planning: Provided further, That the Office of
Health Affairs shall conduct a nuclear event public health
assessment as described in House Report 110-107: Provided
further, That none of the funds made available under this
heading may be obligated until the Committees on
Appropriations of the Senate and the House of Representatives
receive a plan for expenditure.
Federal Emergency Management Agency
Management and Administration
For expenses for management and administration of the
Federal Emergency Management Agency (``FEMA''), $14,000,000,
to remain available until September 30, 2008: Provided, That
of the amount made available under this heading, $6,000,000
shall be for financial and information systems, $2,500,000
shall be for interstate mutual aid agreements, $2,500,000
shall be for FEMA Regional Office communication equipment,
$2,500,000 shall be for FEMA strike teams, and $500,000 shall
be for the Law Enforcement Liaison Office, the Disability
Coordinator and the National Advisory Council: Provided
further, That none of such funds made available under this
heading may be obligated until the Committees on
Appropriations of the Senate and the House of Representatives
receive and approve a plan for expenditure: Provided further,
That unobligated amounts in the ``Administrative and Regional
Operations'' and ``Readiness, Mitigation, Response, and
Recovery'' accounts shall be transferred to ``Management and
Administration'' and may be used for any purpose authorized
for such amounts and subject to limitation on the use of such
amounts.
State and Local Programs
For an additional amount for ``State and Local Programs'',
$247,000,000; of which $110,000,000 shall be for port
security grants pursuant to section 70107(l) of title 46,
United States Code to be awarded by September 30, 2007, to
tier 1, 2, 3, and 4 ports; of which $100,000,000 shall be for
intercity rail passenger transportation, freight rail, and
transit security grants to be awarded by September 30, 2007;
of which $35,000,000 shall be for regional grants and
regional technical assistance to tier one Urban Area Security
Initiative cities and other participating governments for the
purpose of developing all-hazard regional catastrophic event
plans and preparedness, as described in House Report 110-107;
and of which $2,000,000 shall be for technical assistance for
operation and maintenance training on detection and response
equipment that must be competitively awarded: Provided, That
none of the funds made available under this heading may be
obligated for such regional grants and regional technical
assistance until the Committees on Appropriations of the
Senate and the House of Representatives receive and approve a
plan for expenditure: Provided further, That the Federal
Emergency Management Agency shall provide the regional grants
and regional technical assistance expenditure plan to the
Committees on Appropriations of the Senate and the House of
Representatives on or before August 1, 2007: Provided
further, That funds for such regional grants and regional
technical assistance shall remain available until September
30, 2008.
EMERGENCY MANAGEMENT PERFORMANCE GRANTS
For an additional amount for ``Emergency Management
Performance Grants'', $50,000,000.
United States Citizenship and Immigration Services
For an additional amount for expenses of ``United States
Citizenship and Immigration Services'' to address backlogs of
security checks associated with pending applications and
petitions, $8,000,000, to remain available until September
30, 2008: Provided, That none of the funds made available
under this heading shall be available for obligation until
the Secretary of Homeland Security, in consultation with the
United States Attorney General, submits to the Committees on
Appropriations of the Senate and the House of Representatives
a plan to eliminate the backlog of security checks that
establishes information sharing protocols to ensure United
States Citizenship and Immigration Services has the
information it needs to carry out its mission.
Science and Technology
Research, Development, Acquisition, and Operations
For an additional amount for ``Research, Development,
Acquisition, and Operations'' for air cargo security
research, $5,000,000, to remain available until expended.
Domestic Nuclear Detection Office
Research, Development, and Operations
For an additional amount for ``Research, Development, and
Operations'' for non-container, rail, aviation and intermodal
radiation detection activities, $35,000,000, to remain
available until expended: Provided, That $5,000,000 is to
enhance detection links between seaports and railroads as
authorized in section 121(i) of the Security and
Accountability For Every Port Act of 2006 (Public Law 109-
347); $8,000,000 is to accelerate development and deployment
of detection systems at international rail border crossings;
and $22,000,000 is for development and deployment of a
variety of screening technologies at aviation facilities.
SYSTEMS ACQUISITION
For an additional amount for ``Systems Acquisition'',
$100,000,000, to remain available until expended: Provided,
That none of the funds appropriated under this heading shall
be obligated for full scale procurement of Advanced
Spectroscopic Portal Monitors until the Secretary of Homeland
Security has certified through a report to the Committees on
Appropriations of the Senate and the House of Representatives
that a significant increase in operational effectiveness will
be achieved.
GENERAL PROVISIONS--THIS CHAPTER
Sec. 3501. None of the funds provided in this Act, or
Public Law 109-295, shall be available to carry out section
872 of Public Law 107-296.
Sec. 3502. The Secretary of Homeland Security shall require
that all contracts of the Department of Homeland Security
that provide award fees link such fees to successful
acquisition outcomes (which outcomes shall be specified in
terms of cost, schedule, and performance).
CHAPTER 6
LEGISLATIVE BRANCH
HOUSE OF REPRESENTATIVES
Salaries and Expenses
For an additional amount for ``Salaries and Expenses'',
$6,437,000, as follows:
Allowances and Expenses
For an additional amount for allowances and expenses as
authorized by House resolution or law, $6,437,000 for
business continuity and disaster recovery, to remain
available until expended.
GOVERNMENT ACCOUNTABILITY OFFICE
Salaries and Expenses
For an additional amount for ``Salaries and Expenses'' of
the Government Accountability Office, $374,000, to remain
available until September 30, 2008.
CHAPTER 7
DEPARTMENT OF DEFENSE
Department of Defense Base Closure Account 2005
For deposit into the Department of Defense Base Closure
Account 2005, established by section 2906A(a)(1) of the
Defense Base Closure and Realignment Act of 1990 (10 U.S.C.
2687 note), $3,136,802,000, to remain available until
expended: Provided, That within 30 days of the enactment of
this Act, the Secretary of Defense shall submit a detailed
spending plan to the Committees on Appropriations of the
House of Representatives and the Senate.
GENERAL PROVISIONS--THIS CHAPTER
Sec. 3701. Notwithstanding any other provision of law, none
of the funds in this or any other Act may be used to close
Walter Reed Army Medical Center until equivalent medical
facilities at the Walter Reed National Military Medical
Center at Naval Medical Center, Bethesda, Maryland, and/or
the Fort Belvoir, Virginia, Community Hospital have been
constructed and equipped: Provided, That to ensure that the
quality of care provided by the Military Health System is not
diminished during this transition, the Walter Reed Army
Medical Center shall be adequately funded, to include
necessary renovation and maintenance of existing facilities,
to maintain the maximum level of inpatient and outpatient
services.
Sec. 3702. Notwithstanding any other provision of law, none
of the funds in this or any other Act shall be used to
reorganize or relocate the functions of the Armed Forces
Institute of Pathology (AFIP) until the Secretary of Defense
has submitted, not later than December 31, 2007, a detailed
plan and timetable for the proposed reorganization and
relocation to the Committees on Appropriations and Armed
Services of the Senate and House of Representatives. The plan
shall take into consideration the recommendations of a study
being prepared by the Government Accountability Office (GAO),
provided that such study is available not later than 45 days
before the date specified in this section, on the impact of
dispersing selected functions of AFIP among several
locations, and the possibility of consolidating those
functions at one location. The plan shall include an analysis
of the options for the location and operation of the Program
Management Office for second opinion consults that are
consistent with the recommendations of the Base Realignment
and Closure Commission, together with the rationale for the
option selected by the Secretary.
Sec. 3703. The Secretary of the Navy shall, notwithstanding
any other provision of law, transfer to the Secretary of the
Air Force, at no cost, all lands, easements, Air Installation
Compatible Use Zones, and facilities at NASJRB Willow Grove
designated for operation as a Joint Interagency Installation
for use by the Pennsylvania National Guard and other
Department of Defense components, government agencies, and
associated users to perform national defense, homeland
security, and emergency preparedness missions.
CHAPTER 8
DEPARTMENT OF STATE AND RELATED AGENCY
DEPARTMENT OF STATE
Administration of Foreign Affairs
DIPLOMATIC AND CONSULAR PROGRAMS
(INCLUDING TRANSFER OF FUNDS)
For an additional amount for ``Diplomatic and Consular
Programs'', $34,103,000, to remain available until September
30, 2008, of which $31,845,000 for World Wide Security
Upgrades is available until expended: Provided, That of the
amount available under this heading, $258,000 shall be
transferred to, and merged with, funds available in fiscal
year 2007 for expenses for the United States Commission on
International Religious Freedom: Provided further, That
within 15
[[Page S6803]]
days of enactment of this Act, the Office of Management and
Budget shall apportion $15,000,000 from amounts appropriated
or otherwise made available by chapter 8 of title II of
division B of Public Law 109-148 under the heading
``Emergencies in the Diplomatic and Consular Service'' to
reimburse expenditures from that account in facilitating the
evacuation of persons from Lebanon between July 16, 2006, and
the date of enactment of this Act.
OFFICE OF THE INSPECTOR GENERAL
For an additional amount for ``Office of Inspector
General'', $1,500,000, to remain available until December 31,
2008.
International Organizations
Contributions to International Organizations
For an additional amount for ``Contributions to
International Organizations'', $50,000,000, to remain
available until September 30, 2008.
BILATERAL ECONOMIC ASSISTANCE
Funds Appropriated to the President
United States Agency for International Development
International Disaster and Famine Assistance
For an additional amount for ``International Disaster and
Famine Assistance'', $60,000,000, to remain available until
expended.
OPERATING EXPENSES OF THE UNITED STATES AGENCY FOR INTERNATIONAL
DEVELOPMENT
For an additional amount for ``Operating Expenses of the
United States Agency for International Development'',
$3,000,000, to remain available until September 30, 2008.
OPERATING EXPENSES OF THE UNITED STATES AGENCY FOR INTERNATIONAL
DEVELOPMENT OFFICE OF INSPECTOR GENERAL
For an additional amount for ``Operating Expenses of the
United States Agency for International Development Office of
Inspector General'', $3,500,000, to remain available until
September 30, 2008.
Other Bilateral Economic Assistance
Economic Support Fund
For an additional amount for ``Economic Support Fund'',
$122,300,000, to remain available until September 30, 2008.
Department of State
DEMOCRACY FUND
For an additional amount for ``Democracy Fund'',
$5,000,000, to remain available until September 30, 2008.
INTERNATIONAL NARCOTICS CONTROL AND LAW ENFORCEMENT
(INCLUDING RESCISSION OF FUNDS)
For an additional amount for ``International Narcotics
Control and Law Enforcement'', $42,000,000, to remain
available until September 30, 2008.
Of the amounts made available for procurement of a maritime
patrol aircraft for the Colombian Navy under this heading in
Public Law 109-234, $13,000,000 are rescinded.
Migration and Refugee Assistance
For an additional amount for ``Migration and Refugee
Assistance'', $59,000,000, to remain available until
September 30, 2008.
United States Emergency Refugee and Migration Assistance Fund
For an additional amount for ``United States Emergency
Refugee and Migration Assistance Fund'', $25,000,000, to
remain available until expended.
Nonproliferation, Anti-terrorism, Demining and Related Programs
For an additional amount for ``Nonproliferation, Anti-
Terrorism, Demining and Related Programs'', $30,000,000, to
remain available until September 30, 2008.
MILITARY ASSISTANCE
Funds Appropriated to the President
Foreign Military Financing Program
For an additional amount for ``Foreign Military Financing
Program'', $45,000,000, to remain available until September
30, 2008.
Peacekeeping Operations
For an additional amount for ``Peacekeeping Operations'',
$40,000,000, to remain available until September 30, 2008:
Provided, That funds appropriated under this heading shall be
made available, notwithstanding section 660 of the Foreign
Assistance Act of 1961, for assistance for Liberia for
security sector reform.
GENERAL PROVISIONS--THIS CHAPTER
EXTENSION OF OVERSIGHT AUTHORITY
Sec. 3801. Section 3001(o)(1)(B) of the Emergency
Supplemental Appropriations Act for Defense and for the
Reconstruction of Iraq and Afghanistan, 2004 (Public Law 108-
106; 117 Stat. 1238; 5 U.S.C. App., note to section 8G of
Public Law 95-452), as amended by section 1054(b) of the John
Warner National Defense Authorization Act for Fiscal Year
2007 (Public Law 109-364; 120 Stat. 2397) and section 2 of
the Iraq Reconstruction Accountability Act of 2006 (Public
Law 109-440), is amended by inserting ``or fiscal year 2007''
after ``fiscal year 2006''.
lebanon
Sec. 3802. (a) Limitation on Economic Support Fund
Assistance for Lebanon.--None of the funds made available in
this Act under the heading ``Economic Support Fund'' for cash
transfer assistance for the Government of Lebanon may be made
available for obligation until the Secretary of State reports
to the Committees on Appropriations on Lebanon's economic
reform plan and on the specific conditions and verifiable
benchmarks that have been agreed upon by the United States
and the Government of Lebanon pursuant to the Memorandum of
Understanding on cash transfer assistance for Lebanon.
(b) Limitation on Foreign Military Financing Program and
International Narcotics Control and Law Enforcement
Assistance for Lebanon.--None of the funds made available in
this Act under the heading ``Foreign Military Financing
Program'' or ``International Narcotics Control and Law
Enforcement'' for military or police assistance to Lebanon
may be made available for obligation until the Secretary of
State submits to the Committees on Appropriations a report on
procedures established to determine eligibility of members
and units of the armed forces and police forces of Lebanon to
participate in United States training and assistance programs
and on the end use monitoring of all equipment provided under
such programs to the Lebanese armed forces and police forces.
(c) Certification Required.--Prior to the initial
obligation of funds made available in this Act for assistance
for Lebanon under the headings ``Foreign Military Financing
Program'' and ``Nonproliferation, Anti-Terrorism, Demining
and Related Programs'', the Secretary of State shall certify
to the Committees on Appropriations that all practicable
efforts have been made to ensure that such assistance is not
provided to or through any individual, or private or
government entity, that advocates, plans, sponsors, engages
in, or has engaged in, terrorist activity.
(d) Report Required.--Not later than 45 days after the date
of the enactment of this Act, the Secretary of State shall
submit to the Committees on Appropriations a report on the
Government of Lebanon's actions to implement section 14 of
United Nations Security Council Resolution 1701 (August 11,
2006).
(e) Special Authority.--This section shall be effective
notwithstanding section 534(a) of Public Law 109-102, which
is made applicable to funds appropriated for fiscal year 2007
by the Continuing Appropriations Resolution, 2007 (division B
of Public Law 109-289, as amended by Public Law 110-5).
DEBT RESTRUCTURING
Sec. 3803. Amounts appropriated for fiscal year 2007 for
``Bilateral Economic Assistance--Department of the Treasury--
Debt Restructuring'' may be used to assist Liberia in
retiring its debt arrearages to the International Monetary
Fund, the International Bank for Reconstruction and
Development, and the African Development Bank.
government accountability office
Sec. 3804. To facilitate effective oversight of programs
and activities in Iraq by the Government Accountability
Office (GAO), the Department of State shall provide GAO staff
members the country clearances, life support, and logistical
and security support necessary for GAO personnel to establish
a presence in Iraq for periods of not less than 45 days.
HUMAN RIGHTS AND DEMOCRACY FUND
Sec. 3805. The Assistant Secretary of State for Democracy,
Human Rights, and Labor shall be responsible for all policy,
funding, and programming decisions regarding funds made
available under this Act and prior Acts making appropriations
for foreign operations, export financing and related programs
for the Human Rights and Democracy Fund of the Bureau of
Democracy, Human Rights, and Labor.
INSPECTOR GENERAL OVERSIGHT OF IRAQ AND AFGHANISTAN
Sec. 3806. (a) In General.--Subject to paragraph (2), the
Inspector General of the Department of State and the
Broadcasting Board of Governors (referred to in this section
as the ``Inspector General'') may use personal services
contracts to engage citizens of the United States to
facilitate and support the Office of the Inspector General's
oversight of programs and operations related to Iraq and
Afghanistan. Individuals engaged by contract to perform such
services shall not, by virtue of such contract, be considered
to be employees of the United States Government for purposes
of any law administered by the Office of Personnel
Management. The Secretary of State may determine the
applicability to such individuals of any law administered by
the Secretary concerning the performance of such services by
such individuals.
(b) Conditions.--The authority under paragraph (1) is
subject to the following conditions:
(1) The Inspector General determines that existing
personnel resources are insufficient.
(2) The contract length for a personal services contractor,
including options, may not exceed 1 year, unless the
Inspector General makes a finding that exceptional
circumstances justify an extension of up to 1 additional
year.
(3) Not more than 10 individuals may be employed at any
time as personal services contractors under the program.
(c) Termination of Authority.--The authority to award
personal services contracts under this section shall
terminate on December 31, 2007. A contract entered into prior
to the termination date under this paragraph may remain in
effect until not later than December 31, 2009.
(d) Other Authorities Not Affected.--The authority under
this section is in addition to any other authority of the
Inspector General to hire personal services contractors.
FUNDING TABLES, REPORTS AND DIRECTIVES
Sec. 3807. (a) Funds provided in this Act for the following
accounts shall be made available for countries, programs and
activities in the amounts contained in the respective tables
and should be expended consistent with the reporting
requirements and directives included in the joint explanatory
statement accompanying the conference report on H.R. 1591 of
the 110th Congress (H. Rept. 110-107):
``Diplomatic and Consular Programs''.
``Office of the Inspector General''.
``Educational and Cultural Exchange Programs''.
``Contributions to International Organizations''.
``Contributions for International Peacekeeping
Activities''.
[[Page S6804]]
``Child Survival and Health Programs Fund''.
``International Disaster and Famine Assistance''.
``Operating Expenses of the United States Agency for
International Development''.
``Operating Expenses of the United States Agency for
International Development Office of Inspector General''.
``Economic Support Fund''.
``Assistance for Eastern Europe and the Baltic States''.
``Democracy Fund''.
``International Narcotics Control and Law Enforcement''.
``Migration and Refugee Assistance''.
``Nonproliferation, Anti-Terrorism, Demining and Related
Programs''.
``Foreign Military Financing Program''.
``Peacekeeping Operations''.
(b) Any proposed increases or decreases to the amounts
contained in the tables in the joint explanatory statement
shall be subject to the regular notification procedures of
the Committees on Appropriations and section 634A of the
Foreign Assistance Act of 1961.
SPENDING PLAN AND NOTIFICATION PROCEDURES
Sec. 3808. Not later than 45 days after enactment of this
Act the Secretary of State shall submit to the Committees on
Appropriations a report detailing planned expenditures for
funds appropriated under the headings in this chapter and
under the headings in chapter 6 of title I, except for funds
appropriated under the heading ``International Disaster and
Famine Assistance'': Provided, That funds appropriated under
the headings in this chapter and in chapter 6 of title I,
except for funds appropriated under the heading named in this
section, shall be subject to the regular notification
procedures of the Committees on Appropriations.
conditions on assistance for pakistan
Sec. 3809. None of the funds made available for assistance
for the central Government of Pakistan under the heading
``Economic Support Fund'' in this Act may be made available
for non-project assistance until the Secretary of State
submits to the Committees on Appropriations a report on the
oversight mechanisms, performance benchmarks, and
implementation processes for such funds: Provided, That
notwithstanding any other provision of law, funds made
available for non-project assistance pursuant to the previous
proviso shall be subject to the regular notification
procedures of the Committees on Appropriations: Provided
further, That of the funds made available for assistance for
Pakistan under the heading ``Economic Support Fund'' in this
Act, $5,000,000 shall be made available for the Human Rights
and Democracy Fund of the Bureau of Democracy, Human Rights,
and Labor, Department of State, for political party
development and election observation programs.
CIVILIAN RESERVE CORPS
Sec. 3810. Of the funds appropriated by this Act under the
heading ``Diplomatic and Consular Programs'', up to
$50,000,000 may be made available to support and maintain a
civilian reserve corps: Provided, That none of the funds for
a civilian reserve corps may be obligated without specific
authorization in a subsequent Act of Congress: Provided
further, That funds made available for this purpose shall be
subject to the regular notification procedures of the
Committees on Appropriations.
EXTENSION OF AVAILABILITY OF FUNDS
Sec. 3811. Section 1302(a) of Public Law 109-234 is amended
by striking ``one additional year'' and inserting ``two
additional years''.
SPECIAL IMMIGRANT STATUS FOR CERTAIN ALIENS SERVING AS TRANSLATORS OR
INTERPRETERS WITH FEDERAL AGENCIES
Sec. 3812. (a) Increase in Numbers Admitted.--Section 1059
of the National Defense Authorization Act for Fiscal Year
2006 (8 U.S.C. 1101 note) is amended--
(1) in subsection (b)(1)--
(A) in subparagraph (B), by striking ``as a translator''
and inserting ``, or under Chief of Mission authority, as a
translator or interpreter'';
(B) in subparagraph (C), by inserting ``the Chief of
Mission or'' after ``recommendation from''; and
(C) in subparagraph (D), by inserting ``the Chief of
Mission or'' after ``as determined by''; and
(2) in subsection (c)(1), by striking ``section during any
fiscal year shall not exceed 50.'' and inserting the
following: ``section--
``(A) during each of the fiscal years 2007 and 2008, shall
not exceed 500; and
``(B) during any other fiscal year shall not exceed 50.''.
(b) Aliens Exempt From Employment-Based Numerical
Limitations.--Section 1059(c)(2) of such Act is amended--
(1) by amending the paragraph designation and heading to
read as follows:
``(2) Aliens exempt from employment-based numerical
limitations.--''; and
(2) by inserting ``and shall not be counted against the
numerical limitations under sections 201(d), 202(a), and
203(b)(4) of the Immigration and Nationality Act (8 U.S.C.
1151(d), 1152(a), and 1153(b)(4))'' before the period at the
end.
(c) Adjustment of Status.--Section 1059 of such Act is
further amended--
(1) by redesignating subsection (d) as subsection (e); and
(2) by inserting after subsection (c) the following:
``(d) Adjustment of Status.--Notwithstanding paragraphs
(2), (7) and (8) of section 245(c) of the Immigration and
Nationality Act (8 U.S.C. 1255(c)), the Secretary of Homeland
Security may adjust the status of an alien to that of a
lawful permanent resident under section 245(a) of such Act if
the alien--
``(1) was paroled or admitted as a nonimmigrant into the
United States; and
``(2) is otherwise eligible for special immigrant status
under this section and under the Immigration and Nationality
Act.''.
TITLE IV--ADDITIONAL HURRICANE DISASTER RELIEF AND RECOVERY
CHAPTER 1
DEPARTMENT OF AGRICULTURE
GENERAL PROVISION--THIS CHAPTER
Sec. 4101. Section 1231(k)(2) of the Food Security Act of
1985 (16 U.S.C. 3831(k)(2)) is amended by striking ``During
calendar year 2006, the'' and inserting ``The''.
CHAPTER 2
DEPARTMENT OF JUSTICE
Office of Justice Programs
STATE AND LOCAL LAW ENFORCEMENT ASSISTANCE
For an additional amount for ``State and Local Law
Enforcement Assistance'', for discretionary grants authorized
by subpart 2 of part E, of title I of the Omnibus Crime
Control and Safe Streets Act of 1968 as in effect on
September 30, 2006, notwithstanding the provisions of section
511 of said Act, $50,000,000, to remain available until
expended: Provided, That the amount made available under this
heading shall be for local law enforcement initiatives in the
Gulf Coast region related to the aftermath of Hurricane
Katrina: Provided further, That these funds shall be
apportioned among the States in quotient to their level of
violent crime as estimated by the Federal Bureau of
Investigation's Uniform Crime Report for the year 2005.
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
OPERATIONS, RESEARCH, AND FACILITIES
For an additional amount for ``Operations, Research, and
Facilities'', for necessary expenses related to the
consequences of Hurricanes Katrina and Rita on the shrimp and
fishing industries, $110,000,000, to remain available until
September 30, 2008.
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
exploration capabilities
For an additional amount for ``Exploration Capabilities''
for necessary expenses related to the consequences of
Hurricane Katrina, $20,000,000, to remain available until
September 30, 2009.
GENERAL PROVISIONS--THIS CHAPTER
Sec. 4201. Funds provided in this Act for the ``Department
of Commerce, National Oceanic and Atmospheric Administration,
Operations, Research, and Facilities'', shall be made
available according to the language relating to such account
in the joint explanatory statement accompanying the
conference report on H.R. 1591 of the 110th Congress (H.
Rept. 110-107).
Sec. 4202. Up to $48,000,000 of amounts made available to
the National Aeronautics and Space Administration in Public
Law 109-148 and Public Law 109-234 for emergency hurricane
and other natural disaster-related expenses may be used to
reimburse hurricane-related costs incurred by NASA in fiscal
year 2005.
CHAPTER 3
DEPARTMENT OF DEFENSE--CIVIL
DEPARTMENT OF THE ARMY
Corps of Engineers--Civil
CONSTRUCTION
For an additional amount for ``Construction'' for necessary
expenses related to the consequences of Hurricane Katrina and
other hurricanes of the 2005 season, $25,300,000, to remain
available until expended, which may be used to continue
construction of projects related to interior drainage for the
greater New Orleans metropolitan area.
Flood Control and Coastal Emergencies
For an additional amount for ``Flood Control and Coastal
Emergencies'', as authorized by section 5 of the Act of
August 18, 1941 (33 U.S.C. 701n), for necessary expenses
relating to the consequences of Hurricanes Katrina and Rita
and for other purposes, $1,407,700,000, to remain available
until expended: Provided, That $1,300,000,000 of the amount
provided may be used by the Secretary of the Army to carry
out projects and measures for the West Bank and Vicinity and
Lake Ponchartrain and Vicinity, Louisiana, projects, as
described under the heading ``Flood Control and Coastal
Emergencies'', in chapter 3 of Public Law 109-148: Provided
further, That $107,700,000 of the amount provided may be used
to implement the projects for hurricane storm damage
reduction, flood damage reduction, and ecosystem restoration
within Hancock, Harrison, and Jackson Counties, Mississippi
substantially in accordance with the Report of the Chief of
Engineers dated December 31, 2006, and entitled
``Mississippi, Coastal Improvements Program Interim Report,
Hancock, Harrison, and Jackson Counties, Mississippi'':
Provided further, That projects authorized for implementation
under this Chief's report shall be carried out at full
Federal expense, except that the non-Federal interests shall
be responsible for providing for all costs associated with
operation and maintenance of the project: Provided further,
That any project using funds appropriated under this heading
shall be initiated only after non-Federal interests have
entered into binding agreements with the Secretary requiring
the non-Federal interests to pay 100 percent of the
operation, maintenance, repair, replacement, and
rehabilitation costs of the project and to hold and save the
United States free from damages due to the construction or
operation and maintenance of the project, except for damages
due to the fault or negligence of the United States or its
contractors: Provided further, That the Chief of Engineers,
acting through the Assistant Secretary of the Army for Civil
Works, shall provide
[[Page S6805]]
a monthly report to the House and Senate Committees on
Appropriations detailing the allocation and obligation of
these funds, beginning not later than 60 days after enactment
of this Act.
GENERAL PROVISIONS--THIS CHAPTER
Sec. 4301. The Secretary is authorized and directed to
determine the value of eligible reimbursable expenses
incurred by local governments in storm-proofing pumping
stations, constructing safe houses for operators, and other
interim flood control measures in and around the New Orleans
metropolitan area that the Secretary determines to be
integral to the overall plan to ensure operability of the
stations during hurricanes, storms and high water events and
the flood control plan for the area.
Sec. 4302. (a) The Secretary of the Army is authorized and
directed to utilize funds remaining available for obligation
from the amounts appropriated in chapter 3 of Public Law 109-
234 under the heading ``Flood Control and Coastal
Emergencies'' for projects in the greater New Orleans
metropolitan area to prosecute these projects in a manner
which promotes the goal of continuing work at an optimal
pace, while maximizing, to the greatest extent practicable,
levels of protection to reduce the risk of storm damage to
people and property.
(b) The expenditure of funds as provided in subsection (a)
may be made without regard to individual amounts or purposes
specified in chapter 3 of Public Law 109-234.
(c) Any reallocation of funds that are necessary to
accomplish the goal established in subsection (a) are
authorized, subject to the approval of the House and Senate
Committees on Appropriation.
Sec. 4303. The Chief of Engineers shall investigate the
overall technical advantages, disadvantages and operational
effectiveness of operating the new pumping stations at the
mouths of the 17th Street, Orleans Avenue and London Avenue
canals in the New Orleans area directed for construction in
Public Law 109-234 concurrently or in series with existing
pumping stations serving these canals and the advantages,
disadvantages and technical operational effectiveness of
removing the existing pumping stations and configuring the
new pumping stations and associated canals to handle all
needed discharges to the lakefront or in combination with
discharges directly to the Mississippi River in Jefferson
Parish; and the advantages, disadvantages and technical
operational effectiveness of replacing or improving the
floodwalls and levees adjacent to the three outfall canals:
Provided, That the analysis should be conducted at Federal
expense: Provided further, That the analysis shall be
completed and furnished to the Congress not later than three
months after enactment of this Act.
Sec. 4304. Using funds made available in Chapter 3 under
title II of Public Law 109-234, under the heading
``Investigations'', the Secretary of the Army, in
consultation with other agencies and the State of Louisiana
shall accelerate completion as practicable the final report
of the Chief of Engineers recommending a comprehensive plan
to deauthorize deep draft navigation on the Mississippi River
Gulf Outlet: Provided, That the plan shall incorporate and
build upon the Interim Mississippi River Gulf Outlet Deep-
Draft De-Authorization Report submitted to Congress in
December 2006 pursuant to Public Law 109-234.
CHAPTER 4
SMALL BUSINESS ADMINISTRATION
Disaster Loans Program Account
(including transfers of funds)
Of the unobligated balances under the heading ``Small
Business Administration, Disaster Loans Program Account'',
$181,069,000, to remain available until expended, shall be
used for administrative expenses to carry out the disaster
loan program, which may be transferred to and merged with
``Small Business Administration, Salaries and Expenses'', of
which $500,000 is for the Office of Inspector General of the
Small Business Administration for audits and reviews of
disaster loans and the disaster loan program and shall be
paid to appropriations for the Office of Inspector General;
of which $171,569,000 is for direct administrative expenses
of loan making and servicing to carry out the direct loan
program; and of which $9,000,000 is for indirect
administrative expenses.
Of the unobligated balances under the heading ``Small
Business Administration, Disaster Loans Program Account'',
$25,000,000 shall be made available for loans under section
7(b)(2) of the Small Business Act to pre-existing businesses
located in an area for which the President declared a major
disaster because of the hurricanes in the Gulf of Mexico in
calendar year 2005, of which not to exceed $8,750,000 is for
direct administrative expenses and may be transferred to and
merged with ``Small Business Administration, Salaries and
Expenses'' to carry out the disaster loan program of the
Small Business Administration.
Of the unobligated balances under the heading ``Small
Business Administration, Disaster Loans Program Account'',
$150,000,000 is transferred to the ``Federal Emergency
Management Agency, Disaster Relief'' account.
CHAPTER 5
DEPARTMENT OF HOMELAND SECURITY
Federal Emergency Management Agency
DISASTER RELIEF
(INCLUDING TRANSFER OF FUNDS)
For an additional amount for ``Disaster Relief'',
$710,000,000, to remain available until expended: Provided,
That $4,000,000 shall be transferred to ``Office of Inspector
General'': Provided further, That the Government
Accountability Office shall review how the Federal Emergency
Management Agency develops its estimates of the funds needed
to respond to any given disaster as described in House Report
110-60.
GENERAL PROVISIONS--THIS CHAPTER
Sec. 4501. (a) In General.--Notwithstanding any other
provision of law, including any agreement, the Federal share
of assistance, including direct Federal assistance, provided
for the States of Louisiana, Mississippi, Florida, Alabama,
and Texas in connection with Hurricanes Katrina, Wilma,
Dennis, and Rita under sections 403, 406, 407, and 408 of the
Robert T. Stafford Disaster Relief and Emergency Assistance
Act (42 U.S.C. 5170b, 5172, 5173, and 5174) shall be 100
percent of the eligible costs under such sections.
(b) Applicability.--
(1) In general.--The Federal share provided by subsection
(a) shall apply to disaster assistance applied for before the
date of enactment of this Act.
(2) Limitation.--In the case of disaster assistance
provided under sections 403, 406, and 407 of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act, the
Federal share provided by subsection (a) shall be limited to
assistance provided for projects for which a ``request for
public assistance form'' has been submitted.
Sec. 4502. (a) Community Disaster Loan Act.--
(1) In general.--Section 2(a) of the Community Disaster
Loan Act of 2005 (Public Law 109-88) is amended by striking
``Provided further, That notwithstanding section 417(c)(1) of
the Stafford Act, such loans may not be canceled:''.
(2) Effective date.--The amendment made by paragraph (1)
shall be effective on the date of enactment of the Community
Disaster Loan Act of 2005 (Public Law 109-88).
(b) Emergency Supplemental Appropriations Act.--
(1) In general.--Chapter 4 of title II of the Emergency
Supplemental Appropriations Act for Defense, the Global War
on Terror, and Hurricane Recovery, 2006 (Public Law 109-234)
is amended under Federal Emergency Management Agency,
``Disaster Assistance Direct Loan Program Account'' by
striking ``Provided further, That notwithstanding section
417(c)(1) of such Act, such loans may not be canceled:''.
(2) Effective date.--The amendment made by paragraph (1)
shall be effective on the date of enactment of the Emergency
Supplemental Appropriations Act for Defense, the Global War
on Terror, and Hurricane Recovery, 2006 (Public Law 109-234).
Sec. 4503. (a) In General.--Section 2401 of the Emergency
Supplemental Appropriations Act for Defense, the Global War
on Terror, and Hurricane Recovery, 2006 (Public Law 109-234)
is amended by striking ``12 months'' and inserting ``24
months''.
(b) Effective Date.--The amendment made by this section
shall be effective on the date of enactment of the Emergency
Supplemental Appropriations Act for Defense, the Global War
on Terror, and Hurricane Recovery, 2006 (Public Law 109-234).
CHAPTER 6
DEPARTMENT OF THE INTERIOR
National Park Service
Historic Preservation Fund
For an additional amount for the ``Historic Preservation
Fund'' for necessary expenses related to the consequences of
Hurricane Katrina and other hurricanes of the 2005 season,
$10,000,000, to remain available until September 30, 2008:
Provided, That the funds provided under this heading shall be
provided to the State Historic Preservation Officer, after
consultation with the National Park Service, for grants for
disaster relief in areas of Louisiana impacted by Hurricanes
Katrina or Rita: Provided further, That grants shall be for
the preservation, stabilization, rehabilitation, and repair
of historic properties listed in or eligible for the National
Register of Historic Places, for planning and technical
assistance: Provided further, That grants shall only be
available for areas that the President determines to be a
major disaster under section 102(2) of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C.
5122(2)) due to Hurricanes Katrina or Rita: Provided further,
That individual grants shall not be subject to a non-Federal
matching requirement: Provided further, That no more than 5
percent of funds provided under this heading for disaster
relief grants may be used for administrative expenses.
GENERAL PROVISION--THIS CHAPTER
(including transfer of funds)
Sec. 4601. Of the disaster relief funds from Public Law
109-234, 120 Stat. 418, 461, (June 30, 2006), chapter 5,
``National Park Service--Historic Preservation Fund'', for
necessary expenses related to the consequences of Hurricane
Katrina and other hurricanes of the 2005 season that were
allocated to the State of Mississippi by the National Park
Service, $500,000 is hereby transferred to the ``National
Park Service--National Recreation and Preservation''
appropriation: Provided, That these funds may be used to
reconstruct destroyed properties that at the time of
destruction were listed in the National Register of Historic
Places and are otherwise qualified to receive these funds:
Provided further, That the State Historic Preservation
Officer certifies that, for the community where that
destroyed property was located, the property is iconic to or
essential to illustrating that community's historic identity,
that no other property in that community with the same
associative historic value has survived, and that sufficient
historical documentation exists to ensure an accurate
reproduction.
CHAPTER 7
DEPARTMENT OF EDUCATION
Higher Education
For an additional amount under part B of title VII of the
Higher Education Act of 1965
[[Page S6806]]
(``HEA'') for institutions of higher education (as defined in
section 101 or section 102(c) of that Act) that are located
in an area in which a major disaster was declared in
accordance with section 401 of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act related to
Hurricanes Katrina or Rita, $30,000,000: Provided, That such
funds shall be available to the Secretary of Education only
for payments to help defray the expenses (which may include
lost revenue, reimbursement for expenses already incurred,
and construction) incurred by such institutions of higher
education that were forced to close, relocate or
significantly curtail their activities as a result of damage
directly caused by such hurricanes and for payments to enable
such institutions to provide grants to students who attend
such institutions for academic years beginning on or after
July 1, 2006: Provided further, That such payments shall be
made in accordance with criteria established by the Secretary
and made publicly available without regard to section 437 of
the General Education Provisions Act, section 553 of title 5,
United States Code, or part B of title VII of the HEA:
Provided further, That the Secretary shall award funds
available under this paragraph not later than 60 days after
the date of the enactment of this Act.
Hurricane Education Recovery
For carrying out activities authorized by subpart 1 of part
D of title V of the Elementary and Secondary Education Act of
1965, $30,000,000, to remain available until expended, for
use by the States of Louisiana, Mississippi, and Alabama
primarily for recruiting, retaining, and compensating new and
current teachers, school principals, assistant principals,
principal resident directors, assistant directors, and other
educators, who commit to work for at least three years in
school-based positions in public elementary and secondary
schools located in an area with respect to which a major
disaster was declared under section 401 of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5170) by reason of Hurricane Katrina or Hurricane
Rita, including through such mechanisms as paying salary
premiums, performance bonuses, housing subsidies, signing
bonuses, and relocation costs and providing loan forgiveness,
with priority given to teachers and school-based school
principals, assistant principals, principal resident
directors, assistant directors, and other educators who
previously worked or lived in one of the affected areas, are
currently employed (or become employed) in such a school in
any of the affected areas after those disasters, and commit
to continue that employment for at least 3 years, Provided,
That funds available under this heading to such States may
also be used for 1 or more of the following activities: (1)
to build the capacity, knowledge, and skill of teachers and
school-based school principals, assistant principals,
principal resident directors, assistant directors, and other
educators in such public elementary and secondary schools to
provide an effective education, including the design,
adaptation, and implementation of high-quality formative
assessments; (2) the establishment of partnerships with
nonprofit entities with a demonstrated track record in
recruiting and retaining outstanding teachers and other
school-based school principals, assistant principals,
principal resident directors, and assistant directors; and
(3) paid release time for teachers and principals to identify
and replicate successful practices from the fastest-improving
and highest-performing schools: Provided further, That the
Secretary of Education shall allocate amounts available under
this heading among such States that submit applications; that
such allocation shall be based on the number of public
elementary and secondary schools in each State that were
closed for 19 days or more during the period beginning on
August 29, 2005, and ending on December 31, 2005, due to
Hurricane Katrina or Hurricane Rita; and that such States
shall in turn allocate funds to local educational agencies,
with priority given first to such agencies with the highest
percentages of public elementary and secondary schools that
are closed as a result of such hurricanes as of the date of
enactment of this Act and then to such agencies with the
highest percentages of public elementary and secondary
schools with a student-teacher ratio of at least 25 to 1, and
with any remaining amounts to be distributed to such agencies
with demonstrated need, as determined by the State
Superintendent of Education: Provided further, That, in the
case of any State that chooses to use amounts available under
this heading for performance bonuses, not later than 60 days
after the date of enactment of this Act, and in collaboration
with local educational agencies, teachers' unions, local
principals' organizations, local parents' organizations,
local business organizations, and local charter schools
organizations, the State educational agency shall develop a
plan for a rating system for performance bonuses, and if no
agreement has been reached that is satisfactory to all
consulting entities by such deadline, the State educational
agency shall immediately send a letter notifying Congress and
shall, not later than 30 days after such notification,
establish and implement a rating system that shall be based
on classroom observation and feedback more than once
annually, conducted by multiple sources (including, but not
limited to, principals and master teachers), and evaluated
against research-based rubrics that use planning,
instructional, and learning environment standards to measure
teacher performance, except that the requirements of this
proviso shall not apply to a State that has enacted a State
law in 2006 authorizing performance pay for teachers.
Programs to Restart School Operations
Funds made available under section 102 of the Hurricane
Education Recovery Act (title IV of division B of Public Law
109-148) may be used by the States of Louisiana, Mississippi,
Alabama, and Texas, in addition to the uses of funds
described in section 102(e), for the following costs: (1)
recruiting, retaining, and compensating new and current
teachers, school principals, assistant principals, principal
resident directors, assistant directors, and other educators
for school-based positions in public elementary and secondary
schools impacted by Hurricane Katrina or Hurricane Rita,
including through such mechanisms as paying salary premiums,
performance bonuses, housing subsidies, signing bonuses, and
relocation costs and providing loan forgiveness; (2)
activities to build the capacity, knowledge, and skills of
teachers and school-based school principals, assistant
principals, principal resident directors, assistant
directors, and other educators in such public elementary and
secondary schools to provide an effective education,
including the design, adaptation, and implementation of high-
quality formative assessments; (3) the establishment of
partnerships with nonprofit entities with a demonstrated
track record in recruiting and retaining outstanding teachers
and school-based school principals, assistant principals,
principal resident directors, and assistant directors; and
(4) paid release time for teachers and principals to identify
and replicate successful practices from the fastest-improving
and highest-performing schools.
GENERAL PROVISIONS--THIS CHAPTER
Sec. 4701. Section 105(b) of title IV of division B of
Public Law 109-148 is amended by adding at the end the
following new sentence: ``With respect to the program
authorized by section 102 of this Act, the waiver authority
in subsection (a) of this section shall be available until
the end of fiscal year 2008.''.
Sec. 4702. Notwithstanding section 2002(c) of the Social
Security Act (42 U.S.C. 1397a(c)), funds made available under
the heading ``Social Services Block Grant'' in division B of
Public Law 109-148 shall be available for expenditure by the
States through the end of fiscal year 2009.
Sec. 4703. (a) In the event that Louisiana, Mississippi,
Alabama, or Texas fails to meet its match requirement with
funds appropriated in fiscal year 2006 or 2007, for fiscal
years 2008 and 2009, the Secretary of Health and Human
Services may waive the application of section 2617(d)(4) of
the Public Health Service Act for Louisiana, Mississippi,
Alabama, and Texas.
(b) The Secretary may not exercise the waiver authority
available under subsection (a) to allow a grantee to provide
less than a 25 percent matching grant.
(c) For grant years beginning in 2008, Louisiana,
Mississippi, Alabama, and Texas and any eligible metropolitan
area in Louisiana, Mississippi, Alabama, and Texas shall
comply with each of the applicable requirements under title
XXVI of the Public Health Service Act (42 U.S.C. 300ff-11 et
seq.).
CHAPTER 8
DEPARTMENT OF TRANSPORTATION
Federal Highway Administration
Federal-Aid Highways
Emergency Relief Program
(including rescission of funds)
For an additional amount for the Emergency Relief Program
as authorized under section 125 of title 23, United States
Code, $871,022,000, to remain available until expended:
Provided, That section 125(d)(1) of title 23, United States
Code, shall not apply to emergency relief projects that
respond to damage caused by the 2005-2006 winter storms in
the State of California: Provided further, That of the
unobligated balances of funds apportioned to each State under
chapter 1 of title 23, United States Code, $871,022,000 are
rescinded: Provided further, That such rescission shall not
apply to the funds distributed in accordance with sections
130(f) and 104(b)(5) of title 23, United States Code;
sections 133(d)(1) and 163 of such title, as in effect on the
day before the date of enactment of Public Law 109-59; and
the first sentence of section 133(d)(3)(A) of such title.
Federal Transit Administration
Formula Grants
For an additional amount to be allocated by the Secretary
to recipients of assistance under chapter 53 of title 49,
United States Code, directly affected by Hurricanes Katrina
and Rita, $35,000,000, for the operating and capital costs of
transit services, to remain available until expended:
Provided, That the Federal share for any project funded from
this amount shall be 100 percent.
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
Office of Inspector General
For an additional amount for the Office of Inspector
General, for the necessary costs related to the consequences
of Hurricanes Katrina and Rita, $7,000,000, to remain
available until expended.
GENERAL PROVISIONS--THIS CHAPTER
Sec. 4801. The third proviso under the heading ``Department
of Housing and Urban Development--Public and Indian Housing--
Tenant-Based Rental Assistance'' in chapter 9 of title I of
division B of Public Law 109-148 (119 Stat. 2779) is amended
by striking ``for up to 18 months'' and inserting ``until
December 31, 2007''.
Sec. 4802. Section 21033 of the Continuing Appropriations
Resolution, 2007 (division B of Public Law 109-289, as
amended by Public Law 110-5) is amended by adding after the
third proviso: ``: Provided further, That notwithstanding the
previous proviso, except for applying the 2007 Annual
Adjustment Factor and making any other specified adjustments,
public housing agencies specified in category 1 below shall
receive funding for calendar year 2007 based on
[[Page S6807]]
the higher of the amounts the agencies would receive under
the previous proviso or the amounts the agencies received in
calendar year 2006, and public housing agencies specified in
categories 2 and 3 below shall receive funding for calendar
year 2007 equal to the amounts the agencies received in
calendar year 2006, except that public housing agencies
specified in categories 1 and 2 below shall receive funding
under this proviso only if, and to the extent that, any such
public housing agency submits a plan, approved by the
Secretary, that demonstrates that the agency can effectively
use within 12 months the funding that the agency would
receive under this proviso that is in addition to the funding
that the agency would receive under the previous proviso: (1)
public housing agencies that are eligible for assistance
under section 901 in Public Law 109-148 (119 Stat. 2781) or
are located in the same counties as those eligible under
section 901 and operate voucher programs under section 8(o)
of the United States Housing Act of 1937 but do not operate
public housing under section 9 of such Act, and any public
housing agency that otherwise qualifies under this category
must demonstrate that they have experienced a loss of rental
housing stock as a result of the 2005 hurricanes; (2) public
housing agencies that would receive less funding under the
previous proviso than they would receive under this proviso
and that have been placed in receivership or the Secretary
has declared to be in breach of an Annual Contributions
Contract by June 1, 2007; and (3) public housing agencies
that spent more in calendar year 2006 than the total of the
amounts of any such public housing agency's allocation amount
for calendar year 2006 and the amount of any such public
housing agency's available housing assistance payments
undesignated funds balance from calendar year 2005 and the
amount of any such public housing agency's available
administrative fees undesignated funds balance through
calendar year 2006''.
Sec. 4803. Section 901 of Public Law 109-148 is amended by
deleting ``calendar year 2006'' and inserting ``calendar
years 2006 and 2007''.
CHAPTER 9
DEPARTMENT OF VETERANS AFFAIRS
Departmental Administration
Construction, Minor Projects
(Including Rescission of Funds)
For an additional amount for Department of Veterans
Affairs, ``Construction, Minor Projects'', $14,484,754, to
remain available until September 30, 2008, for necessary
expenses related to the consequences of Hurricane Katrina and
other hurricanes of the 2005 season.
Of the funds available until September 30, 2007, for the
``Construction, Minor Projects'' account of the Department of
Veterans Affairs, pursuant to section 2702 of Public Law 109-
234, $14,484,754 are hereby rescinded.
TITLE V--OTHER EMERGENCY APPROPRIATIONS
CHAPTER 1
DEPARTMENT OF AGRICULTURE
GENERAL PROVISION--THIS CHAPTER
Sec. 5101. In addition to any other available funds, there
is hereby appropriated $40,000,000 to the Secretary of
Agriculture, to remain available until expended, for programs
and activities of the Department of Agriculture, as
determined by the Secretary, to provide recovery assistance
in response to damage in conjunction with the Presidential
declaration of a major disaster (FEMA-1699-DR) dated May 6,
2007, for needs not met by the Federal Emergency Management
Agency or private insurers: Provided, That, in addition, the
Secretary may use funds provided under this section,
consistent with the provisions of this section, to respond to
any other Presidential declaration of a major disaster issued
under the authority of the Robert T. Stafford Disaster Relief
and Emergency Assistance Act, 42 U.S.C. 5121-5206 (the
Stafford Act), declared during fiscal year 2007 for events
occurring before the date of the enactment of this Act or a
Secretary of Agriculture declaration of a natural disaster,
declared during fiscal year 2007 for events occurring before
the date of the enactment of this Act.
CHAPTER 2
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
operations, research, and facilities
For an additional amount for ``Operations, Research, and
Facilities'', $60,400,000, to remain available until
September 30, 2008: Provided, That the National Marine
Fisheries Service shall cause such amounts to be distributed
among eligible recipients of assistance for the commercial
fishery failure designated under section 312(a) of the
Magnuson-Stevens Fishery Conservation and Management Act (16
U.S.C. 1861a(a)) and declared by the Secretary of Commerce on
August 10, 2006.
CHAPTER 3
DEPARTMENT OF DEFENSE--CIVIL
DEPARTMENT OF THE ARMY
Corps of Engineers--Civil
investigations
For an additional amount for ``Investigations'' for flood
damage reduction studies to address flooding associated with
disasters covered by Presidential Disaster Declaration FEMA-
1692-DR, $8,165,000, to remain available until expended.
construction
For an additional amount for ``Construction'' for flood
damage reduction activities associated with disasters covered
by Presidential Disaster Declarations FEMA-1692-DR and FEMA-
1694-DR, $11,200,000, to remain available until expended.
operation and maintenance
For an additional amount for ``Operation and Maintenance''
to dredge navigation channels related to the consequences of
hurricanes of the 2005 season, $3,000,000, to remain
available until expended.
flood control and coastal emergencies
For an additional amount for ``Flood Control and Coastal
Emergencies'', as authorized by section 5 of the Act of
August 18, 1941 (33 U.S.C. 701n), to support emergency
operations, repairs and other activities in response to
flood, drought and earthquake emergencies as authorized by
law, $153,300,000, to remain available until expended:
Provided, That the Chief of Engineers, acting through the
Assistant Secretary of the Army for Civil Works, shall
provide a monthly report to the House and Senate Committees
on Appropriations detailing the allocation and obligation of
these funds, beginning not later than 60 days after enactment
of this Act: Provided further, That of the funds provided
under this heading, $7,000,000 shall be available for drought
emergency assistance.
DEPARTMENT OF THE INTERIOR
Bureau of Reclamation
WATER AND RELATED RESOURCES
For an additional amount for ``Water and Related
Resources'', $18,000,000, to remain available until expended
for drought assistance: Provided, That drought assistance may
be provided under the Reclamation States Drought Emergency
Act or other applicable Reclamation authorities to assist
drought plagued areas of the West.
CHAPTER 4
DEPARTMENT OF THE INTERIOR
Bureau of Land Management
wildland fire management
(including transfer of funds)
For an additional amount for ``Wildland Fire Management'',
$95,000,000, to remain available until expended, for urgent
wildland fire suppression activities: Provided, That such
funds shall only become available if funds previously
provided for wildland fire suppression will be exhausted
imminently and the Secretary of the Interior notifies the
House and Senate Committees on Appropriations in writing of
the need for these additional funds: Provided further, That
such funds are also available for repayment to other
appropriations accounts from which funds were transferred for
wildfire suppression.
United States Fish and Wildlife Service
Resource Management
For an additional amount for ``Resource Management'' for
the detection of highly pathogenic avian influenza in wild
birds, including the investigation of morbidity and mortality
events, targeted surveillance in live wild birds, and
targeted surveillance in hunter-taken birds, $7,398,000, to
remain available until September 30, 2008.
National Park Service
Operation of the National Park System
For an additional amount for ``Operation of the National
Park System'' for the detection of highly pathogenic avian
influenza in wild birds, including the investigation of
morbidity and mortality events, $525,000, to remain available
until September 30, 2008.
United States Geological Survey
Surveys, Investigations, and Research
For an additional amount for ``Surveys, Investigations, and
Research'' for the detection of highly pathogenic avian
influenza in wild birds, including the investigation of
morbidity and mortality events, targeted surveillance in live
wild birds, and targeted surveillance in hunter-taken birds,
$5,270,000, to remain available until September 30, 2008.
DEPARTMENT OF AGRICULTURE
Forest Service
National Forest System
For an additional amount for ``National Forest System'' for
the implementation of a nationwide initiative to increase
protection of national forest lands from drug-trafficking
organizations, including funding for additional law
enforcement personnel, training, equipment and cooperative
agreements, $12,000,000, to remain available until expended.
wildland fire management
(including transfer of funds)
For an additional amount for ``Wildland Fire Management'',
$370,000,000, to remain available until expended, for urgent
wildland fire suppression activities: Provided, That such
funds shall only become available if funds provided
previously for wildland fire suppression will be exhausted
imminently and the Secretary of Agriculture notifies the
House and Senate Committees on Appropriations in writing of
the need for these additional funds: Provided further, That
such funds are also available for repayment to other
appropriation accounts from which funds were transferred for
wildfire suppression.
GENERAL PROVISION--THIS CHAPTER
Sec. 5401. (a) For fiscal year 2007, payments shall be made
from any revenues, fees, penalties, or miscellaneous receipts
described in sections 102(b)(3) and 103(b)(2) of the Secure
Rural Schools and Community Self-Determination Act of 2000
(Public Law 106-393; 16 U.S.C. 500 note), not to exceed
$100,000,000, and the payments shall be made, to the maximum
extent practicable, in the same amounts, for the same
purposes, and in the same manner as were made to States and
counties in 2006 under that Act.
(b) There is appropriated $425,000,000, to remain available
until December 31, 2007, to be used to cover any shortfall
for payments made under this section from funds not otherwise
appropriated.
(c) Titles II and III of Public Law 106-393 are amended,
effective September 30, 2006, by striking ``2006'' and
``2007'' each place they appear and inserting ``2007'' and
``2008'', respectively.
[[Page S6808]]
CHAPTER 5
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Centers for Disease Control and Prevention
DISEASE CONTROL, RESEARCH AND TRAINING
For an additional amount for ``Department of Health and
Human Services, Centers for Disease Control and Prevention,
Disease Control, Research and Training'', to carry out
section 501 of the Federal Mine Safety and Health Act of 1977
and section 6 of the Mine Improvement and New Emergency
Response Act of 2006, $13,000,000 for research to develop
mine safety technology, including necessary repairs and
improvements to leased laboratories: Provided, That progress
reports on technology development shall be submitted to the
House and Senate Committees on Appropriations and the
Committee on Health, Education, Labor and Pensions of the
Senate and the Committee on Education and Labor of the House
of Representatives on a quarterly basis: Provided further,
That the amount provided under this heading shall remain
available until September 30, 2008.
For an additional amount for ``Department of Health and
Human Services, Centers for Disease Control and Prevention,
Disease Control, Research and Training'', to carry out
activities under section 5011(b) of the Emergency
Supplemental Appropriations Act to Address Hurricanes in the
Gulf of Mexico and Pandemic Influenza, 2006 (Public Law 109-
148), $50,000,000, to remain available until expended.
GENERAL PROVISIONS--THIS CHAPTER
(including rescissions)
Sec. 5501. (a). From unexpended balances available for the
Training and Employment Services account under the Department
of Labor, the following amounts are hereby rescinded--
(1) $3,589,000 transferred pursuant to the 2001 Emergency
Supplemental Appropriations Act for Recovery from and
Response to Terrorist Attacks on the United States (Public
Law 107-38);
(2) $834,000 transferred pursuant to the Emergency
Supplemental Appropriations Act of 1994 (Public Law 103-211);
and
(3) $71,000 for the Consortium for Worker Education
pursuant to the Emergency Supplemental Act, 2002 (Public Law
107-117).
(b) From unexpended balances available for the State
Unemployment Insurance and Employment Service Operations
account under the Department of Labor pursuant to the
Emergency Supplemental Act, 2002 (Public Law 107-117),
$4,100,000 are hereby rescinded.
Sec. 5502. (a) For an additional amount under ``Department
of Education, Safe Schools and Citizenship Education'',
$8,594,000 shall be available for Safe and Drug-Free Schools
National Programs for competitive grants to local educational
agencies to address youth violence and related issues.
(b) The competition under subsection (a) shall be limited
to local educational agencies that operate schools currently
identified as persistently dangerous under section 9532 of
the Elementary and Secondary Education Act of 1965.
Sec. 5503. Unobligated balances from funds appropriated in
the Department of Defense and Emergency Supplemental
Appropriations for Recovery from and Response to Terrorist
Attacks on the United States Act, 2002 (Public Law 107-117)
to the Department of Health and Human Services under the
heading ``Public Health and Social Services Emergency Fund''
that are available for bioterrorism preparedness and disaster
response activities in the Office of the Secretary shall also
be available for the construction, renovation and improvement
of facilities on federally-owned land as necessary for
continuity of operations activities.
CHAPTER 6
LEGISLATIVE BRANCH
CAPITOL POLICE
General Expenses
For an additional amount for ``Capitol Police, General
Expenses'', $10,000,000 for a radio modernization program, to
remain available until expended: Provided, That the Chief of
the Capitol Police may not obligate any of the funds
appropriated under this heading without approval of an
obligation plan by the Committees on Appropriations of the
Senate and the House of Representatives.
ARCHITECT OF THE CAPITOL
Capitol Power Plant
For an additional amount for ``Capitol Power Plant'',
$50,000,000, for utility tunnel repairs and asbestos
abatement, to remain available until September 30, 2011:
Provided, That the Architect of the Capitol may not obligate
any of the funds appropriated under this heading without
approval of an obligation plan by the Committees on
Appropriations of the Senate and House of Representatives.
CHAPTER 7
DEPARTMENT OF VETERANS AFFAIRS
Veterans Health Administration
MEDICAL SERVICES
For an additional amount for ``Medical Services'',
$466,778,000, to remain available until expended, of which
$30,000,000 shall be for the establishment of at least one
new Level I comprehensive polytrauma center; $9,440,000 shall
be for the establishment of polytrauma residential
transitional rehabilitation programs; $10,000,000 shall be
for additional transition caseworkers; $20,000,000 shall be
for substance abuse treatment programs; $20,000,000 shall be
for readjustment counseling; $10,000,000 shall be for blind
rehabilitation services; $100,000,000 shall be for
enhancements to mental health services; $8,000,000 shall be
for polytrauma support clinic teams; $5,356,000 shall be for
additional polytrauma points of contact; $228,982,000 shall
be for treatment of Operation Enduring Freedom and Operation
Iraqi Freedom veterans; and $25,000,000 shall be for
prosthetics.
MEDICAL ADMINISTRATION
For an additional amount for ``Medical Administration'',
$250,000,000, to remain available until expended.
MEDICAL FACILITIES
For an additional amount for ``Medical Facilities'',
$595,000,000, to remain available until expended, of which
$45,000,000 shall be used for facility and equipment upgrades
at the Department of Veterans Affairs polytrauma network
sites; and $550,000,000 shall be for non-recurring
maintenance as identified in the Department of Veterans
Affairs Facility Condition Assessment report: Provided, That
the amount provided under this heading for non-recurring
maintenance shall be allocated in a manner not subject to the
Veterans Equitable Resource Allocation: Provided further,
That within 30 days of enactment of this Act the Secretary
shall submit to the Committees on Appropriations of both
Houses of Congress an expenditure plan, by project, for non-
recurring maintenance prior to obligation: Provided further,
That semi-annually, on October 1 and April 1, the Secretary
shall submit to the Committees on Appropriations of both
Houses of Congress a report on the status of funding for non-
recurring maintenance, including obligations and unobligated
balances for each project identified in the expenditure plan.
MEDICAL AND PROSTHETIC RESEARCH
For an additional amount for ``Medical and Prosthetic
Research'', $32,500,000, to remain available until expended,
which shall be used for research related to the unique
medical needs of returning Operation Enduring Freedom and
Operation Iraqi Freedom veterans.
Departmental Administration
General Operating Expenses
(including transfer of funds)
For an additional amount for ``General Operating
Expenses'', $83,200,000, to remain available until expended,
of which $1,250,000 shall be for digitization of military
records; $60,750,000 shall be for expenses related to hiring
and training new claims processing personnel; up to
$1,200,000 shall be for an independent study of the
organizational structure, management and coordination
processes, including seamless transition, utilized by the
Department of Veterans Affairs to provide health care and
benefits to active duty personnel and veterans, including
those returning Operation Enduring Freedom and Operation
Iraqi Freedom veterans; and $20,000,000 shall be for
disability examinations: Provided, That not to exceed
$1,250,000 of the amount appropriated under this heading may
be transferred to the Department of Defense for the
digitization of military records used to verify stressors for
benefits claims.
INFORMATION TECHNOLOGY SYSTEMS
For an additional amount for ``Information Technology
Systems'', $35,100,000, to remain available until expended,
of which $20,000,000 shall be for information technology
support and improvements for processing of Operation Enduring
Freedom and Operation Iraqi Freedom veterans benefits claims,
including making electronic Department of Defense medical
records available for claims processing and enabling
electronic benefits applications by veterans; and $15,100,000
shall be for electronic data breach remediation and
prevention.
CONSTRUCTION, MINOR PROJECTS
For an additional amount for ``Construction, Minor
Projects'', $326,000,000, to remain available until expended,
of which up to $36,000,000 shall be for construction costs
associated with the establishment of polytrauma residential
transitional rehabilitation programs.
GENERAL PROVISIONS--THIS CHAPTER
Sec. 5701. The Director of the Congressional Budget Office
shall, not later than November 15, 2007, submit to the
Committees on Appropriations of the House of Representatives
and the Senate a report projecting appropriations necessary
for the Departments of Defense and Veterans Affairs to
continue providing necessary health care to veterans of the
conflicts in Iraq and Afghanistan. The projections should
span several scenarios for the duration and number of forces
deployed in Iraq and Afghanistan, and more generally, for the
long-term health care needs of deployed troops engaged in the
global war on terrorism over the next 10 years.
Sec. 5702. Notwithstanding any other provision of law,
appropriations made by Public Law 110-5, which the Secretary
of Veterans Affairs contributes to the Department of Defense/
Department of Veterans Affairs Health Care Sharing Incentive
Fund under the authority of section 8111(d) of title 38,
United States Code, shall remain available until expended for
any purpose authorized by section 8111 of title 38, United
States Code.
Sec. 5703. (a)(1) The Secretary of Veterans Affairs
(referred to in this section as the ``Secretary'') may convey
to the State of Texas, without consideration, all rights,
title, and interest of the United States in and to the parcel
of real property comprising the location of the Marlin,
Texas, Department of Veterans Affairs Medical Center.
(2) The property conveyed under paragraph (1) shall be used
by the State of Texas for the purposes of a prison.
(b) In carrying out the conveyance under subsection (a),
the Secretary shall conduct environmental cleanup on the
parcel to be conveyed, at a cost not to exceed $500,000,
using amounts made available for environmental cleanup of
sites under the jurisdiction of the Secretary.
(c) Nothing in this section may be construed to affect or
limit the application of or obligation
[[Page S6809]]
to comply with any environmental law, including section
120(h) of the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42 U.S.C. 9620(h)).
Sec. 5704. (a) Funds provided in this Act for the following
accounts shall be made available for programs under the
conditions contained in the language of the joint explanatory
statement of managers accompanying the conference report on
H.R. 1591 of the 110th Congress (H. Rept. 110-107):
``Medical Services''.
``Medical Administration''.
``Medical Facilities''.
``Medical and Prosthetic Research''.
``General Operating Expenses''.
``Information Technology Systems''.
``Construction, Minor Projects''.
(b) The Secretary of Veterans Affairs shall submit all
reports requested in House Report 110-60 and Senate Report
110-37, to the Committees on Appropriations of both Houses of
Congress.
Sec. 5705. Subsection (d) of section 2023 of title 38,
United States Code, is amended by striking ``shall cease''
and all that follows through ``program'' and inserting
``shall cease on September 30, 2007''.
TITLE VI--OTHER MATTERS
CHAPTER 1
DEPARTMENT OF AGRICULTURE
Farm Service Agency
SALARIES AND EXPENSES
For an additional amount for ``Salaries and Expenses'' of
the Farm Service Agency, $37,500,000, to remain available
until September 30, 2008: Provided, That this amount shall
only be available for network and database/application
stabilization.
GENERAL PROVISIONS--THIS CHAPTER
Sec. 6101. Of the funds made available through
appropriations to the Food and Drug Administration for fiscal
year 2007, not less than $4,000,000 shall be for the Office
of Women's Health of such Administration.
Sec. 6102. None of the funds made available to the
Department of Agriculture for fiscal year 2007 may be used to
implement the risk-based inspection program in the 30
prototype locations announced on February 22, 2007, by the
Under Secretary for Food Safety, or at any other locations,
until the USDA Office of Inspector General has provided its
findings to the Food Safety and Inspection Service and the
Committees on Appropriations of the House of Representatives
and the Senate on the data used in support of the development
and design of the risk-based inspection program and FSIS has
addressed and resolved issues identified by OIG.
CHAPTER 2
GENERAL PROVISIONS--THIS CHAPTER
Sec. 6201. Hereafter, Federal employees at the National
Energy Technology Laboratory shall be classified as
inherently governmental for the purpose of the Federal
Activities Inventory Reform Act of 1998 (31 U.S.C. 501 note).
Sec. 6202. None of the funds made available under this or
any other Act shall be used during fiscal year 2007 to make,
or plan or prepare to make, any payment on bonds issued by
the Administrator of the Bonneville Power Administration
(referred in this section as the ``Administrator'') or for an
appropriated Federal Columbia River Power System investment,
if the payment is both--
(1) greater, during any fiscal year, than the payments
calculated in the rate hearing of the Administrator to be
made during that fiscal year using the repayment method used
to establish the rates of the Administrator as in effect on
October 1, 2006; and
(2) based or conditioned on the actual or expected net
secondary power sales receipts of the Administrator.
CHAPTER 3
GENERAL PROVISIONS--THIS CHAPTER
Sec. 6301. (a) Section 102(a)(3)(B) of the Help America
Vote Act of 2002 (42 U.S.C. 15302(a)(3)(B)) is amended by
striking ``January 1, 2006'' and inserting ``March 1, 2008''.
(b) The amendment made by subsection (a) shall take effect
as if included in the enactment of the Help America Vote Act
of 2002.
Sec. 6302. The structure of any of the offices or
components within the Office of National Drug Control Policy
shall remain as they were on October 1, 2006. None of the
funds appropriated or otherwise made available in the
Continuing Appropriations Resolution, 2007 (Public Law 110-5)
may be used to implement a reorganization of offices within
the Office of National Drug Control Policy without the
explicit approval of the Committees on Appropriations of the
House of Representatives and the Senate.
Sec. 6303. From the amount provided by section 21067 of the
Continuing Appropriations Resolution, 2007 (Public Law 110-
5), the National Archives and Records Administration may
obligate monies necessary to carry out the activities of the
Public Interest Declassification Board.
Sec. 6304. Notwithstanding the notice requirement of the
Transportation, Treasury, Housing and Urban Development, the
Judiciary, the District of Columbia, and Independent Agencies
Appropriations Act, 2006, 119 Stat. 2509 (Public Law 109-
115), as continued in section 104 of the Continuing
Appropriations Resolution, 2007 (Public Law 110-5), the
District of Columbia Courts may reallocate not more than
$1,000,000 of the funds provided for fiscal year 2007 under
the Federal Payment to the District of Columbia Courts for
facilities among the items and entities funded under that
heading for operations.
Sec. 6305. (a) Not later than 90 days after the date of
enactment of this Act, the Secretary of the Treasury, in
coordination with the Securities and Exchange Commission and
in consultation with the Departments of State and Energy,
shall prepare and submit to the Senate Committee on
Appropriations, the House Committee on Appropriations, the
Senate Committee on Banking, Housing, and Urban Affairs, the
House Committee on Financial Services, the Senate Foreign
Relations Committee, and the House Foreign Affairs Committee
a written report, which may include a classified annex,
containing the names of companies which either directly or
through a parent or subsidiary company, including partly-
owned subsidiaries, are known to conduct significant business
operations in Sudan relating to natural resource extraction,
including oil-related activities and mining of minerals. The
reporting provision shall not apply to companies operating
under licenses from the Office of Foreign Assets Control or
otherwise expressly exempted under United States law from
having to obtain such licenses in order to operate in Sudan.
(b) Not later than 45 days following the submission to
Congress of the list of companies conducting business
operations in Sudan relating to natural resource extraction
as required above, the General Services Administration shall
determine whether the United States Government has an active
contract for the procurement of goods or services with any of
the identified companies, and provide notification to the
appropriate committees of Congress, which may include a
classified annex, regarding the companies, nature of the
contract, and dollar amounts involved.
(including rescission)
Sec. 6306. (a) Of the funds provided for the General
Services Administration, ``Office of Inspector General'' in
section 21061 of the Continuing Appropriations Resolution,
2007 (division B of Public Law 109-289, as amended by Public
Law 110-5), $4,500,000 are rescinded.
(b) For an additional amount for the General Services
Administration, ``Office of Inspector General'', $4,500,000,
to remain available until September 30, 2008.
(c) With the additional amount of $9,336,000 appropriated
in Public Law 110-5 and in this Act, above the amount
appropriated in Public Law 109-115, of which $4,500,000
remains available for obligation in fiscal year 2008, the
Office of Inspector General shall hire additional staff for
internal audits and investigations, and the remaining funds
shall be for one-time associated needs such as information
technology and other such administrative support.
Sec. 6307. Section 21073 of the Continuing Appropriations
Resolution, 2007 (Public Law 110-5) is amended by adding a
new subsection (j) as follows:
``(j) Notwithstanding section 101, any appropriation or
funds made available to the District of Columbia pursuant to
this Act for `Federal Payment for Foster Care Improvement in
the District of Columbia' shall be available in accordance
with an expenditure plan submitted by the Mayor of the
District of Columbia not later than 60 days after the
enactment of this section which details the activities to be
carried out with such Federal Payment.''.
Sec. 6308. It is the sense of Congress that the Small
Business Administration will provide, through funds available
within amounts already appropriated for Small Business
Administration disaster assistance, physical and economic
injury disaster loans to Kansas businesses and homeowners
devastated by the severe tornadoes, storms, and flooding that
occurred beginning on May 4, 2007.
CHAPTER 4
DEPARTMENT OF HOMELAND SECURITY
GENERAL PROVISIONS--THIS CHAPTER
Sec. 6401. Not to exceed $30,000,000 from unobligated
balances remaining from prior appropriations for United
States Coast Guard, ``Retired Pay'', shall remain available
until expended in the account and for the purposes for which
the appropriations were provided, including the payment of
obligations otherwise chargeable to lapsed or current
appropriations for this purpose: Provided, That within 45
days after the date of enactment of this Act, the United
States Coast Guard shall submit to the Committees on
Appropriations of the Senate and the House of Representatives
the following: (1) a report on steps being taken to improve
the accuracy of its estimates for the ``Retired Pay''
appropriation; and (2) quarterly reports on the use of
unobligated balances made available by this Act to address
the projected shortfall in the ``Retired Pay'' appropriation,
as well as updated estimates for fiscal year 2008.
Sec. 6402. (a) In General.--Any contract, subcontract, task
or delivery order described in subsection (b) shall contain
the following:
(1) A requirement for a technical review of all designs,
design changes, and engineering change proposals, and a
requirement to specifically address all engineering concerns
identified in the review before the obligation of further
funds may occur.
(2) A requirement that the Coast Guard maintain technical
warrant holder authority, or the equivalent, for major
assets.
(3) A requirement that no procurement subject to subsection
(b) for lead asset production or the implementation of a
major design change shall be entered into unless an
independent third party with no financial interest in the
development, construction, or modification of any component
of the asset, selected by the Commandant, determines that
such action is advisable.
(4) A requirement for independent life-cycle cost estimates
of lead assets and major design and engineering changes.
(5) A requirement for the measurement of contractor and
subcontractor performance based on the status of all work
performed. For contracts under the Integrated Deepwater
Systems program, such requirement shall include a provision
that links award fees to successful acquisition outcomes
(which shall be defined in terms of cost, schedule, and
performance).
[[Page S6810]]
(6) A requirement that the Commandant of the Coast Guard
assign an appropriate officer or employee of the Coast Guard
to act as chair of each integrated product team and higher-
level team assigned to the oversight of each integrated
product team.
(7) A requirement that the Commandant of the Coast Guard
may not award or issue any contract, task or delivery order,
letter contract modification thereof, or other similar
contract, for the acquisition or modification of an asset
under a procurement subject to subsection (b) unless the
Coast Guard and the contractor concerned have formally agreed
to all terms and conditions or the head of contracting
activity for the Coast Guard determines that a compelling
need exists for the award or issue of such instrument.
(b) Contracts, Subcontracts, Task and Delivery Orders
Covered.--Subsection (a) applies to--
(1) any major procurement contract, first-tier subcontract,
delivery or task order entered into by the Coast Guard;
(2) any first-tier subcontract entered into under such a
contract; and
(3) any task or delivery order issued pursuant to such a
contract or subcontract.
(c) Expenditure of Deepwater Funds.--Of the funds available
for the Integrated Deepwater Systems program, $650,000,000
may not be obligated until the Committees on Appropriations
of the Senate and the House of Representatives receive an
expenditure plan directly from the Coast Guard that--
(1) defines activities, milestones, yearly costs, and life-
cycle costs for each procurement of a major asset;
(2) identifies life-cycle staffing and training needs of
Coast Guard project managers and of procurement and contract
staff;
(3) identifies competition to be conducted in each
procurement;
(4) describes procurement plans that do not rely on a
single industry entity or contract;
(5) contains very limited indefinite delivery/indefinite
quantity contracts and explains the need for any indefinite
delivery/indefinite quantity contracts;
(6) complies with all applicable acquisition rules,
requirements, and guidelines, and incorporates the best
systems acquisition management practices of the Federal
Government;
(7) complies with the capital planning and investment
control requirements established by the Office of Management
and Budget, including circular A-11, part 7;
(8) includes a certification by the head of contracting
activity for the Coast Guard and the Chief Procurement
Officer of the Department of Homeland Security that the Coast
Guard has established sufficient controls and procedures and
has sufficient staffing to comply with all contracting
requirements, and that any conflicts of interest have been
sufficiently addressed;
(9) includes a description of the process used to act upon
deviations from the contractually specified performance
requirements and clearly explains the actions taken on such
deviations;
(10) includes a certification that the Assistant Commandant
of the Coast Guard for Engineering and Logistics is
designated as the technical authority for all engineering,
design, and logistics decisions pertaining to the Integrated
Deepwater Systems program; and
(11) identifies progress in complying with the requirements
of subsection (a).
(d) Reports.--(1) Not later than 30 days after the date of
enactment of this Act, the Commandant of the Coast Guard
shall submit to the Committees on Appropriations of the
Senate and the House of Representatives; the Committee on
Commerce, Science and Transportation of the Senate; and the
Committee on Transportation and Infrastructure of the House
of Representatives: (i) a report on the resources (including
training, staff, and expertise) required by the Coast Guard
to provide appropriate management and oversight of the
Integrated Deepwater Systems program; and (ii) a report on
how the Coast Guard will utilize full and open competition
for any contract that provides for the acquisition or
modification of assets under, or in support of, the
Integrated Deepwater Systems program, entered into after the
date of enactment of this Act.
(2) Within 30 days following the submission of the
expenditure plan required under subsection (c), the
Government Accountability Office shall review the plan and
brief the Committees on Appropriations of the Senate and the
House of Representatives on its findings.
Sec. 6403. None of the funds provided in this Act or any
other Act may be used to alter or reduce operations within
the Civil Engineering Program of the Coast Guard nationwide,
including the civil engineering units, facilities, design and
construction centers, maintenance and logistics command
centers, and the Coast Guard Academy, except as specifically
authorized by a statute enacted after the date of enactment
of this Act.
(including rescissions of funds)
Sec. 6404. (a) Rescissions.--The following unobligated
balances made available pursuant to section 505 of Public Law
109-90 are rescinded: $1,200,962 from the ``Office of the
Secretary and Executive Management''; $512,855 from the
``Office of the Under Secretary for Management''; $461,874
from the ``Office of the Chief Information Officer''; $45,080
from the ``Office of the Chief Financial Officer''; $968,211
from Preparedness ``Management and Administration'';
$1,215,486 from Science and Technology ``Management and
Administration''; $450,000 from United States Secret Service
``Salaries and Expenses''; $450,000 from Federal Emergency
Management Agency ``Administrative and Regional Operations'';
and $25,595,532 from United States Coast Guard ``Operating
Expenses''.
(b) Additional Appropriations.--
(1) For an additional amount for United States Coast Guard
``Acquisition, Construction, and Improvements'', $30,000,000,
to remain available until September 30, 2009, to mitigate the
Service's patrol boat operational gap.
(2) For an additional amount for the ``Office of the Under
Secretary for Management'', $900,000 for an independent study
to compare the Department of Homeland Security senior career
and political staffing levels and senior career training
programs with those of similarly structured cabinet-level
agencies as detailed in House Report 110-107: Provided, That
the Department of Homeland Security shall provide to the
Committees on Appropriations of the Senate and the House of
Representatives by July 20, 2007, a report on senior
staffing, as detailed in Senate Report 110-37, and the
Government Accountability Office shall report on the
strengths and weakness of this report within 90 days after
its submission.
Sec. 6405. (a) In General.--With respect to contracts
entered into after July 1, 2007, and except as provided in
subsection (b), no entity performing lead system integrator
functions in the acquisition of a major system by the
Department of Homeland Security may have any direct financial
interest in the development or construction of any individual
system or element of any system of systems.
(b) Exception.--An entity described in subsection (a) may
have a direct financial interest in the development or
construction of an individual system or element of a system
of systems if--
(1) the Secretary of Homeland Security certifies to the
Committees on Appropriations of the Senate and the House of
Representatives, the Committee on Homeland Security of the
House of Representatives, the Committee on Transportation and
Infrastructure of the House of Representatives, the Committee
on Homeland Security and Governmental Affairs of the Senate,
and the Committee on Commerce, Science and Transportation of
the Senate that--
(A) the entity was selected by the Department of Homeland
Security as a contractor to develop or construct the system
or element concerned through the use of competitive
procedures; and
(B) the Department took appropriate steps to prevent any
organizational conflict of interest in the selection process;
or
(2) the entity was selected by a subcontractor to serve as
a lower-tier subcontractor, through a process over which the
entity exercised no control.
(c) Construction.--Nothing in this section shall be
construed to preclude an entity described in subsection (a)
from performing work necessary to integrate two or more
individual systems or elements of a system of systems with
each other.
(d) Regulations Update.--Not later than July 1, 2007, the
Secretary of Homeland Security shall update the acquisition
regulations of the Department of Homeland Security in order
to specify fully in such regulations the matters with respect
to lead system integrators set forth in this section.
Included in such regulations shall be: (1) a precise and
comprehensive definition of the term ``lead system
integrator'', modeled after that used by the Department of
Defense; and (2) a specification of various types of
contracts and fee structures that are appropriate for use by
lead system integrators in the production, fielding, and
sustainment of complex systems.
CHAPTER 5
GENERAL PROVISIONS--THIS CHAPTER
Sec. 6501. Section 20515 of the Continuing Appropriations
Resolution, 2007 (division B of Public Law 109-289, as
amended by Public Law 110-5) is amended by inserting before
the period: ``; and of which, not to exceed $143,628,000
shall be available for contract support costs under the terms
and conditions contained in Public Law 109-54''.
Sec. 6502. Section 20512 of the Continuing Appropriations
Resolution, 2007 (division B of Public Law 109-289, as
amended by Public Law 110-5) is amended by inserting after
the first dollar amount: ``, of which not to exceed
$7,300,000 shall be transferred to the `Indian Health
Facilities' account; the amount in the second proviso shall
be $18,000,000; the amount in the third proviso shall be
$525,099,000; the amount in the ninth proviso shall be
$269,730,000; and the $15,000,000 allocation of funding under
the eleventh proviso shall not be required''.
Sec. 6503. Section 20501 of the Continuing Appropriations
Resolution, 2007 (division B of Public Law 109-289, as
amended by Public Law 110-5) is amended by inserting after
``$55,663,000'' the following: ``of which $13,000,000 shall
be for Save America's Treasures''.
Sec. 6504. Funds made available to the United States Fish
and Wildlife Service for fiscal year 2007 under the heading
``Land Acquisition'' may be used for land conservation
partnerships authorized by the Highlands Conservation Act of
2004.
CHAPTER 6
DEPARTMENT OF HEALTH AND HUMAN SERVICES
National Institutes of Health
National Institute of Allergy and Infectious Diseases
(TRANSFER OF FUNDS)
Of the amount provided by the Continuing Appropriations
Resolution, 2007 (division B of Public Law 109-289, as
amended by Public Law 110-5) for ``National Institute of
Allergy and Infectious Diseases'', $49,500,000 shall be
transferred to ``Public Health and Social Services Emergency
Fund'' to carry out activities relating to advanced research
and development as provided by section 319L of the Public
Health Service Act.
OFFICE OF THE DIRECTOR
(Transfer of Funds)
Of the amount provided by the Continuing Appropriations
Resolution, 2007 (division B of
[[Page S6811]]
Public Law 109-289, as amended by Public Law 110-5) for
``Office of the Director'', $49,500,000 shall be transferred
to ``Public Health and Social Services Emergency Fund'' to
carry out activities relating to advanced research and
development as provided by section 319L of the Public Health
Service Act.
NATIONAL COUNCIL ON DISABILITY
Salaries and Expenses
For an additional amount for ``Salaries and Expenses'',
$300,000, to remain available until expended, for necessary
expenses related to the requirements of the Post-Katrina
Emergency Management Reform Act of 2006, as enacted by the
Department of Homeland Security Appropriations Act, 2007
(Public Law 109-295).
GENERAL PROVISIONS--THIS CHAPTER
(INCLUDING TRANSFERS OF FUNDS AND RESCISSIONS)
Sec. 6601. Section 20602 of the Continuing Appropriations
Resolution, 2007 (division B of Public Law 109-289, as
amended by Public Law 110-5) is amended by inserting the
following after ``$5,000,000'': ``(together with an
additional $7,000,000 which shall be transferred by the
Pension Benefit Guaranty Corporation as an authorized
administrative cost), to remain available through September
30, 2008,''.
Sec. 6602. (a) None of the funds available to the Mine
Safety and Health Administration under the Continuing
Appropriations Resolution, 2007 (division B of Public Law
109-289, as amended by Public Law 110-5) shall be used to
enter into or carry out a contract for the performance by a
contractor of any operations or services pursuant to the
public-private competitions conducted under Office of
Management and Budget Circular A-76.
(b) Hereafter, Federal employees at the Mine Safety and
Health Administration shall be classified as inherently
governmental for the purpose of the Federal Activities
Inventory Reform Act of 1998 (31 U.S.C. 501 note).
Sec. 6603. Section 20607 of the Continuing Appropriations
Resolution, 2007 (division B of Public Law 109-289, as
amended by Public Law 110-5) is amended by inserting ``of
which $9,666,000 shall be for the Women's Bureau,'' after
``for child labor activities,''.
Sec. 6604. Of the amount provided for ``Department of
Health and Human Services, Health Resources and Services
Administration, Health Resources and Services'' in the
Continuing Appropriations Resolution, 2007 (division B of
Public Law 109-289, as amended by Public Law 110-5),
$23,000,000 shall be for Poison Control Centers.
Sec. 6605. From the amounts made available by the
Continuing Appropriations Resolution, 2007 (division B of
Public Law 109-289, as amended by Public Law 110-5) for the
Office of the Secretary, General Departmental Management
under the Department of Health and Human Services, $500,000
are rescinded.
Sec. 6606. Section 20625(b)(1) of the Continuing
Appropriations Resolution, 2007 (division B of Public Law
109-289, as amended by Public Law 110-5) is amended by--
(1) striking ``$7,172,994,000'' and inserting
``$7,176,431,000'';
(2) amending subparagraph (A) to read as follows: ``(A)
$5,454,824,000 shall be for basic grants under section 1124
of the Elementary and Secondary Education Act of 1965 (ESEA),
of which up to $3,437,000 shall be available to the Secretary
of Education on October 1, 2006, to obtain annually updated
educational-agency-level census poverty data from the Bureau
of the Census;''; and
(3) amending subparagraph (C) to read as follows: ``(C) not
to exceed $2,352,000 may be available for section 1608 of the
ESEA and for a clearinghouse on comprehensive school reform
under part D of title V of the ESEA;''.
Sec. 6607. The provision in the first proviso under the
heading ``Rehabilitation Services and Disability Research''
in the Department of Education Appropriations Act, 2006,
relating to alternative financing programs under section
4(b)(2)(D) of the Assistive Technology Act of 1998 shall not
apply to funds appropriated by the Continuing Appropriations
Resolution, 2007.
Sec. 6608. From the amounts made available by the
Continuing Appropriations Resolution, 2007 (division B of
Public Law 109-289, as amended by Public Law 110-5) for
administrative expenses of the Department of Education,
$500,000 are rescinded: Provided, That such reduction shall
not apply to funds available to the Office for Civil Rights
and the Office of the Inspector General.
Sec. 6609. Notwithstanding sections 20639 and 20640 of the
Continuing Appropriations Resolution, 2007, as amended by
section 2 of the Revised Continuing Appropriations
Resolution, 2007 (Public Law 110-5), the Chief Executive
Officer of the Corporation for National and Community Service
may transfer an amount of not more than $1,360,000 from the
account under the heading ``National and Community Service
Programs, Operating Expenses'' under the heading
``Corporation for National and Community Service'', to the
account under the heading ``Salaries and Expenses'' under the
heading ``Corporation for National and Community Service''.
Sec. 6610. (a) Section 1310.12(a) of title 45, Code of
Federal Regulations, shall take effect 30 days after the date
of enactment of this Act.
(b)(1) Not later than 60 days after the National Highway
Traffic Safety Administration of the Department of
Transportation submits its study on occupant protection on
Head Start transit vehicles (related to Government
Accountability Office report GAO-06-767R), the Secretary of
Health and Human Services shall review and shall revise as
necessary the allowable alternate vehicle standards described
in that part 1310 (or any corresponding similar regulation or
ruling) relating to allowable alternate vehicles used to
transport children for a Head Start program. In making any
such revision, the Secretary shall revise the standards to be
consistent with the findings contained in such study,
including making a determination on the exemption of such a
vehicle from Federal seat spacing requirements, and Federal
supporting seating requirements related to
compartmentalization, if such vehicle meets all other
applicable Federal motor vehicle safety standards, including
standards for seating systems, occupant crash protection,
seat belt assemblies, and child restraint anchorage systems
consistent with that part 1310 (or any corresponding similar
regulation or ruling).
(2) Notwithstanding subsection (a), until such date as the
Secretary of Health and Human Services completes the review
and any necessary revision specified in paragraph (1), the
provisions of section 1310.12(a) relating to Federal seat
spacing requirements, and Federal supporting seating
requirements related to compartmentalization, for allowable
alternate vehicles used to transport children for a Head
Start program, shall not apply to such a vehicle if such
vehicle meets all other applicable Federal motor vehicle
safety standards, as described in paragraph (1).
Sec. 6611. (a)(1) Section 3(37)(G) of the Employee
Retirement Income Security Act of 1974 (29 U.S.C.
1002(37)(G)) (as amended by section 1106(a) of the Pension
Protection Act of 2006) is amended--
(A) in clause (i)(II)(aa), by striking ``for each of the 3
plan years immediately before the date of the enactment of
the Pension Protection Act of 2006,'' and inserting ``for
each of the 3 plan years immediately preceding the first plan
year for which the election under this paragraph is effective
with respect to the plan,'';
(B) in clause (ii), by striking ``starting with the first
plan year ending after the date of the enactment of the
Pension Protection Act of 2006'' and inserting ``starting
with any plan year beginning on or after January 1, 1999, and
ending before January 1, 2008, as designated by the plan in
the election made under clause (i)(II)''; and
(C) by adding at the end the following new clause:
``(vii) For purposes of this Act and the Internal Revenue
Code of 1986, a plan making an election under this
subparagraph shall be treated as maintained pursuant to a
collective bargaining agreement if a collective bargaining
agreement, expressly or otherwise, provides for or permits
employer contributions to the plan by one or more employers
that are signatory to such agreement, or participation in the
plan by one or more employees of an employer that is
signatory to such agreement, regardless of whether the plan
was created, established, or maintained for such employees by
virtue of another document that is not a collective
bargaining agreement.''.
(2) Paragraph (6) of section 414(f) of the Internal Revenue
Code of 1986 (relating to election with regard to
multiemployer status) (as amended by section 1106(b) of the
Pension Protection Act of 2006) is amended--
(A) in subparagraph (A)(ii)(I), by striking ``for each of
the 3 plan years immediately before the date of enactment of
the Pension Protection Act of 2006,'' and inserting ``for
each of the 3 plan years immediately preceding the first plan
year for which the election under this paragraph is effective
with respect to the plan,'';
(B) in subparagraph (B), by striking ``starting with the
first plan year ending after the date of the enactment of the
Pension Protection Act of 2006'' and inserting ``starting
with any plan year beginning on or after January 1, 1999, and
ending before January 1, 2008, as designated by the plan in
the election made under subparagraph (A)(ii)''; and
(C) by adding at the end the following new subparagraph:
``(F) Maintenance under collective bargaining agreement.--
For purposes of this title and the Employee Retirement Income
Security Act of 1974, a plan making an election under this
paragraph shall be treated as maintained pursuant to a
collective bargaining agreement if a collective bargaining
agreement, expressly or otherwise, provides for or permits
employer contributions to the plan by one or more employers
that are signatory to such agreement, or participation in the
plan by one or more employees of an employer that is
signatory to such agreement, regardless of whether the plan
was created, established, or maintained for such employees by
virtue of another document that is not a collective
bargaining agreement.''.
(b)(1) Clause (vi) of section 3(37)(G) of the Employee
Retirement Income Security Act of 1974 (as amended by section
1106(a) of the Pension Protection Act of 2006) is amended by
striking ``if it is a plan--'' and all that follows and
inserting the following: ``if it is a plan sponsored by an
organization which is described in section 501(c)(5) of the
Internal Revenue Code of 1986 and exempt from tax under
section 501(a) of such Code and which was established in
Chicago, Illinois, on August 12, 1881.''.
(2) Subparagraph (E) of section 414(f)(6) of the Internal
Revenue Code of 1986 (as amended by section 1106(b) of the
Pension Protection Act of 2006) is amended by striking ``if
it is a plan--'' and all that follows and inserting the
following: ``if it is a plan sponsored by an organization
which is described in section 501(c)(5) and exempt from tax
under section 501(a) and which was established in Chicago,
Illinois, on August 12, 1881.''.
(c) The amendments made by this section shall take effect
as if included in section 1106 of the Pension Protection Act
of 2006.
Sec. 6612. (a) Subclause (III) of section 420(f)(2)(E)(i)
of the Internal Revenue Code of 1986 is amended by striking
``subsection (c)(2)(E)(ii)(II)'' and inserting ``subsection
(c)(3)(E)(ii)(II)''.
[[Page S6812]]
(b) Section 420(e)(2)(B) of the Internal Revenue Code of
1986 is amended by striking ``funding shortfall'' and
inserting ``funding target''.
(c) The amendments made by this section shall take effect
as if included in the provisions of the Pension Protection
Act of 2006 to which they relate.
Sec. 6613. (a) Subparagraph (A) of section 420(c)(3) of the
Internal Revenue Code of 1986 is amended by striking
``transfer.'' and inserting ``transfer or, in the case of a
transfer which involves a plan maintained by an employer
described in subsection (f)(2)(E)(i)(III), if the plan meets
the requirements of subsection (f)(2)(D)(i)(II).''.
(b) The amendment made by subsection (a) shall apply to
transfers after the date of the enactment of this Act.
Sec. 6614. (a) Section 402(i)(1) of the Pension Protection
Act of 2006 is amended by striking ``December 28, 2007'' and
inserting ``January 1, 2008''.
(b) The amendment made by subsection (a) shall take effect
as if included in section 402 of the Pension Protection Act
of 2006.
Sec. 6615. (a) Section 402(a)(2) of the Pension Protection
Act of 2006 is amended by inserting ``and by using, in
determining the funding target for each of the 10 plan years
during such period, an interest rate of 8.25 percent (rather
than the segment rates calculated on the basis of the
corporate bond yield curve)'' after ``such plan year''.
(b) The amendment made by this section shall take effect as
if included in the provisions of the Pension Protection Act
of 2006 to which such amendment relates.
CHAPTER 7
LEGISLATIVE BRANCH
HOUSE OF REPRESENTATIVES
Payment to Widows and Heirs of Deceased Members of Congress
For payment to Gloria W. Norwood, widow of Charles W.
Norwood, Jr., late a Representative from the State of
Georgia, $165,200.
For payment to James McDonald, Jr., widower of Juanita
Millender-McDonald, late a Representative from the State of
California, $165,200.
GENERAL PROVISION--THIS CHAPTER
Sec. 6701. (a) There is established in the Office of the
Architect of the Capitol the position of Chief Executive
Officer for Visitor Services (in this section referred to as
the ``Chief Executive Officer''), who shall be appointed by
the Architect of the Capitol.
(b) The Chief Executive Officer shall be responsible for
the operation and management of the Capitol Visitor Center,
subject to the direction of the Architect of the Capitol. In
carrying out these responsibilities, the Chief Executive
Officer shall report directly to the Architect of the Capitol
and shall be subject to policy review and oversight by the
Committee on Rules and Administration of the Senate and the
Committee on House Administration of the House of
Representatives.
(c) The Chief Executive Officer shall be paid at an annual
rate equal to the annual rate of pay for the Chief Operating
Officer of the Office of the Architect of the Capitol.
(d) This section shall apply with respect to fiscal year
2007 and each succeeding fiscal year.
CHAPTER 8
GENERAL PROVISIONS--THIS CHAPTER
TECHNICAL AMENDMENT
Sec. 6801. (a) Notwithstanding any other provision of law,
subsection (c) under the heading ``Assistance for the
Independent States of the Former Soviet Union'' in Public Law
109-102, shall not apply to funds appropriated by the
Continuing Appropriations Resolution, 2007 (Public Law 109-
289, division B) as amended by Public Laws 109-369, 109-383,
and 110-5.
(b) Section 534(k) of the Foreign Operations, Export
Financing, and Related Programs Appropriations Act, 2006
(Public Law 109-102) is amended, in the second proviso, by
inserting after ``subsection (b) of that section'' the
following: ``and the requirement that a majority of the
members of the board of directors be United States citizens
provided in subsection (d)(3)(B) of that section''.
(c) Subject to section 101(c)(2) of the Continuing
Appropriations Resolution, 2007 (division B of Public Law
109-289, as amended by Public Law 110-5), the amount of funds
appropriated for ``Foreign Military Financing Program''
pursuant to such Resolution shall be construed to be the
total of the amount appropriated for such program by section
20401 of that Resolution and the amount made available for
such program by section 591 of the Foreign Operations, Export
Financing, and Related Programs Appropriations Act, 2006
(Public Law 109-102) which is made applicable to the fiscal
year 2007 by the provisions of such Resolution.
Sec. 6802. Notwithstanding any provision of title I of
division B of the Continuing Appropriations Resolution, 2007
(division B of Public Law 109-289, as amended by Public Laws
109-369, 109-383, and 110-5), the dollar amount limitation of
the first proviso under the heading, ``Administration of
Foreign Affairs, Diplomatic and Consular Programs'', in title
IV of the Science, State, Justice, Commerce, and Related
Agencies Appropriations Act, 2006 (Public Law 109-108; 119
Stat. 2319) shall not apply to funds appropriated under such
heading for fiscal year 2007.
CHAPTER 9
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
Office of Federal Housing Enterprise Oversight
Salaries and Expenses
(including transfer of funds)
For an additional amount to carry out the Federal Housing
Enterprises Financial Safety and Soundness Act of 1992,
$6,150,000, to remain available until expended, to be derived
from the Federal Housing Enterprises Oversight Fund and to be
subject to the same terms and conditions pertaining to funds
provided under this heading in Public Law 109-115: Provided,
That not to exceed the total amount provided for these
activities for fiscal year 2007 shall be available from the
general fund of the Treasury to the extent necessary to incur
obligations and make expenditures pending the receipt of
collections to the Fund: Provided further, That the general
fund amount shall be reduced as collections are received
during the fiscal year so as to result in a final
appropriation from the general fund estimated at not more
than $0.
GENERAL PROVISIONS--THIS CHAPTER
Sec. 6901. (a) Hereafter, funds limited or appropriated for
the Department of Transportation may be obligated or expended
to grant authority to a Mexico-domiciled motor carrier to
operate beyond United States municipalities and commercial
zones on the United States-Mexico border only to the extent
that--
(1) granting such authority is first tested as part of a
pilot program;
(2) such pilot program complies with the requirements of
section 350 of Public Law 107-87 and the requirements of
section 31315(c) of title 49, United States Code, related to
pilot programs; and
(3) simultaneous and comparable authority to operate within
Mexico is made available to motor carriers domiciled in the
United States.
(b) Prior to the initiation of the pilot program described
in subsection (a) in any fiscal year--
(1) the Inspector General of the Department of
Transportation shall transmit to Congress and the Secretary
of Transportation a report verifying compliance with each of
the requirements of subsection (a) of section 350 of Public
Law 107-87, including whether the Secretary of Transportation
has established sufficient mechanisms to apply Federal motor
carrier safety laws and regulations to motor carriers
domiciled in Mexico that are granted authority to operate
beyond the United States municipalities and commercial zones
on the United States-Mexico border and to ensure compliance
with such laws and regulations; and
(2) the Secretary of Transportation shall--
(A) take such action as may be necessary to address any
issues raised in the report of the Inspector General under
subsection (b)(1) and submit a report to Congress detailing
such actions; and
(B) publish in the Federal Register, and provide sufficient
opportunity for public notice and comment--
(i) comprehensive data and information on the pre-
authorization safety audits conducted before and after the
date of enactment of this Act of motor carriers domiciled in
Mexico that are granted authority to operate beyond the
United States municipalities and commercial zones on the
United States-Mexico border;
(ii) specific measures to be required to protect the health
and safety of the public, including enforcement measures and
penalties for noncompliance;
(iii) specific measures to be required to ensure compliance
with section 391.11(b)(2) and section 365.501(b) of title 49,
Code of Federal Regulations;
(iv) specific standards to be used to evaluate the pilot
program and compare any change in the level of motor carrier
safety as a result of the pilot program; and
(v) a list of Federal motor carrier safety laws and
regulations, including the commercial drivers license
requirements, for which the Secretary of Transportation will
accept compliance with a corresponding Mexican law or
regulation as the equivalent to compliance with the United
States law or regulation, including for each law or
regulation an analysis as to how the corresponding United
States and Mexican laws and regulations differ.
(c) During and following the pilot program described in
subsection (a), the Inspector General of the Department of
Transportation shall monitor and review the conduct of the
pilot program and submit to Congress and the Secretary of
Transportation an interim report, 6 months after the
commencement of the pilot program, and a final report, within
60 days after the conclusion of the pilot program. Such
reports shall address whether--
(1) the Secretary of Transportation has established
sufficient mechanisms to determine whether the pilot program
is having any adverse effects on motor carrier safety;
(2) Federal and State monitoring and enforcement activities
are sufficient to ensure that participants in the pilot
program are in compliance with all applicable laws and
regulations; and
(3) the pilot program consists of a representative and
adequate sample of Mexico-domiciled carriers likely to engage
in cross-border operations beyond United States
municipalities and commercial zones on the United States-
Mexico border.
(d) In the event that the Secretary of Transportation in
any fiscal year seeks to grant operating authority for the
purpose of initiating cross-border operations beyond United
States municipalities and commercial zones on the United
States-Mexico border either with Mexico-domiciled motor
coaches or Mexico-domiciled commercial motor vehicles
carrying placardable quantities of hazardous materials, such
activities shall be initiated only after the conclusion of a
separate pilot program limited to vehicles of the pertinent
type. Each such separate pilot program shall follow the same
requirements and processes stipulated under subsections (a)
through (c) of this section and shall be planned, conducted
and evaluated in concert with the Department of Homeland
Security or its Inspector General, as appropriate, so as to
address any and all security concerns associated with such
cross-border operations.
[[Page S6813]]
Sec. 6902. Funds provided for the ``National Transportation
Safety Board, Salaries and Expenses'' in section 21031 of the
Continuing Appropriations Resolution, 2007 (division B of
Public Law 109-289, as amended by Public Law 110-5) include
amounts necessary to make lease payments due in fiscal year
2007 only, on an obligation incurred in 2001 under a capital
lease.
Sec. 6903. Section 21033 of the Continuing Appropriations
Resolution, 2007 (division B of Public Law 109-289, as
amended by Public Law 110-5) is amended by adding after the
second proviso: ``: Provided further, That paragraph (2)
under such heading in Public Law 109-115 (119 Stat. 2441)
shall be funded at $149,300,000, but additional section 8
tenant protection rental assistance costs may be funded in
2007 by using unobligated balances, notwithstanding the
purposes for which such amounts were appropriated, including
recaptures and carryover, remaining from funds appropriated
to the Department of Housing and Urban Development under this
heading, the heading `Annual Contributions for Assisted
Housing', the heading `Housing Certificate Fund', and the
heading `Project-Based Rental Assistance' for fiscal year
2006 and prior fiscal years: Provided further, That paragraph
(3) under such heading in Public Law 109-115 (119 Stat. 2441)
shall be funded at $47,500,000: Provided further, That
paragraph (4) under such heading in Public Law 109-115 (119
Stat. 2441) shall be funded at $5,900,000: Provided further,
That paragraph (5) under such heading in Public Law 109-115
(119 Stat. 2441) shall be funded at $1,281,100,000, of which
$1,251,100,000 shall be allocated for the calendar year 2007
funding cycle on a pro rata basis to public housing agencies
based on the amount public housing agencies were eligible to
receive in calendar year 2006, and of which up to $30,000,000
shall be available to the Secretary to allocate to public
housing agencies that need additional funds to administer
their section 8 programs, with up to $20,000,000 to be for
fees associated with section 8 tenant protection rental
assistance''.
Sec. 6904. Section 232(b) of the Departments of Veterans
Affairs and Housing and Urban Development, and Independent
Agencies Appropriations Act, 2001 (Public Law 106-377) is
amended to read as follows:
``(b) Applicability.--In the case of any dwelling unit
that, upon the date of the enactment of this Act, is assisted
under a housing assistance payment contract under section
8(o)(13) as in effect before such enactment, or under section
8(d)(2) of the United States Housing Act of 1937 (42 U.S.C.
1437f(d)(2)) as in effect before the enactment of the Quality
Housing and Work Responsibility Act of 1998 (title V of
Public Law 105-276), assistance may be renewed or extended
under such section 8(o)(13), as amended by subsection (a),
provided that the initial contract term and rent of such
renewed or extended assistance shall be determined pursuant
to subparagraphs (F) and (H), and subparagraphs (C) and (D)
of such section shall not apply to such extensions or
renewals.''.
TITLE VII--ELIMINATION OF SCHIP SHORTFALL AND OTHER HEALTH MATTERS
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Centers for Medicare and Medicaid Services State Children's Health
Insurance Fund
For an additional amount to provide additional allotments
to remaining shortfall States under section 2104(h)(4) of the
Social Security Act, as inserted by section 6001, such sums
as may be necessary, but not to exceed $650,000,000 for
fiscal year 2007, to remain available until expended.
GENERAL PROVISIONS--THIS TITLE
Sec. 7001. (a) Elimination of Remainder of SCHIP Funding
Shortfalls, Tiered Match, and Other Limitation on
Expenditures.--Section 2104(h) of the Social Security Act (42
U.S.C. 1397dd(h)), as added by section 201(a) of the National
Institutes of Health Reform Act of 2006 (Public Law 109-482),
is amended--
(1) in the heading for paragraph (2), by striking
``remainder of reduction'' and inserting ``part''; and
(2) by striking paragraph (4) and inserting the following:
``(4) Additional amounts to eliminate remainder of fiscal
year 2007 funding shortfalls.--
``(A) In general.--From the amounts provided in advance in
appropriations Acts, the Secretary shall allot to each
remaining shortfall State described in subparagraph (B) such
amount as the Secretary determines will eliminate the
estimated shortfall described in such subparagraph for the
State for fiscal year 2007.
``(B) Remaining shortfall state described.--For purposes of
subparagraph (A), a remaining shortfall State is a State with
a State child health plan approved under this title for which
the Secretary estimates, on the basis of the most recent data
available to the Secretary as of the date of the enactment of
this paragraph, that the projected Federal expenditures under
such plan for the State for fiscal year 2007 will exceed the
sum of--
``(i) the amount of the State's allotments for each of
fiscal years 2005 and 2006 that will not be expended by the
end of fiscal year 2006;
``(ii) the amount of the State's allotment for fiscal year
2007; and
``(iii) the amounts, if any, that are to be redistributed
to the State during fiscal year 2007 in accordance with
paragraphs (1) and (2).''.
(b) Conforming Amendments.--Section 2104(h) of such Act (42
U.S.C. 1397dd(h)) (as so added), is amended--
(1) in paragraph (1)(B), by striking ``subject to paragraph
(4)(B) and'';
(2) in paragraph (2)(B), by striking ``subject to paragraph
(4)(B) and'';
(3) in paragraph (5)(A), by striking ``and (3)'' and
inserting ``(3), and (4)''; and
(4) in paragraph (6)--
(A) in the first sentence--
(i) by inserting ``or allotted'' after ``redistributed'';
and
(ii) by inserting ``or allotments'' after
``redistributions''; and
(B) by striking ``and (3)'' and inserting ``(3), and (4)''.
Sec. 7002. (a) Prohibition.--
(1) Limitation on secretarial authority.--Notwithstanding
any other provision of law, the Secretary of Health and Human
Services shall not, prior to the date that is 1 year after
the date of enactment of this Act, take any action (through
promulgation of regulation, issuance of regulatory guidance,
or other administrative action) to--
(A) finalize or otherwise implement provisions contained in
the proposed rule published on January 18, 2007, on pages
2236 through 2248 of volume 72, Federal Register (relating to
parts 433, 447, and 457 of title 42, Code of Federal
Regulations);
(B) promulgate or implement any rule or provisions similar
to the provisions described in subparagraph (A) pertaining to
the Medicaid program established under title XIX of the
Social Security Act or the State Children's Health Insurance
Program established under title XXI of such Act; or
(C) promulgate or implement any rule or provisions
restricting payments for graduate medical education under the
Medicaid program.
(2) Continuation of other secretarial authority.--The
Secretary of Health and Human Service shall not be prohibited
during the period described in paragraph (1) from taking any
action (through promulgation of regulation, issuance of
regulatory guidance, or other administrative action) to
enforce a provision of law in effect as of the date of
enactment of this Act with respect to the Medicaid program or
the State Children's Health Insurance Program, or to
promulgate or implement a new rule or provision during such
period with respect to such programs, other than a rule or
provision described in paragraph (1) and subject to the
prohibition set forth in that paragraph.
(b) Requirement for Use of Tamper-Resistant Prescription
Pads Under the Medicaid Program.--
(1) In general.--Section 1903(i) of the Social Security Act
(42 U.S.C. 1396b(i)) is amended--
(A) by striking ``or'' at the end of paragraph (21);
(B) by striking the period at the end of paragraph (22) and
inserting ``; or''; and
(C) by inserting after paragraph (22) the following new
paragraph:
``(23) with respect to amounts expended for medical
assistance for covered outpatient drugs (as defined in
section 1927(k)(2)) for which the prescription was executed
in written (and non-electronic) form unless the prescription
was executed on a tamper-resistant pad.''.
(2) Effective date.--The amendments made by paragraph (1)
shall apply to prescriptions executed after September 30,
2007.
(c) Extension of Certain Pharmacy Plus Waivers.--
(1) Authority to continue to operate waivers.--
Notwithstanding any other provision of law, any State that is
operating a Pharmacy Plus waiver described in paragraph (2)
which would otherwise expire on June 30, 2007, may elect to
continue to operate the waiver through December 31, 2009, and
if a State elects to continue to operate such a waiver, the
Secretary of Health and Human Services shall approve the
continuation of the waiver through December 31, 2009.
(2) Pharmacy plus waiver described.--For purposes of
paragraph (1), a Pharmacy Plus waiver described in this
paragraph is a waiver approved by the Secretary of Health and
Human Services under the authority of section 1115 of the
Social Security Act (42 U.S.C. 1315) that provides coverage
for prescription drugs for individuals who have attained age
65 and whose family income does not exceed 200 percent of the
poverty line (as defined in section 2110(c)(5) of such Act
(42 U.S.C. 1397jj(c)(5))).
TITLE VIII--FAIR MINIMUM WAGE AND TAX RELIEF
Subtitle A--Fair Minimum Wage
SEC. 8101. SHORT TITLE.
This subtitle may be cited as the ``Fair Minimum Wage Act
of 2007''.
SEC. 8102. MINIMUM WAGE.
(a) In General.--Section 6(a)(1) of the Fair Labor
Standards Act of 1938 (29 U.S.C. 206(a)(1)) is amended to
read as follows:
``(1) except as otherwise provided in this section, not
less than--
``(A) $5.85 an hour, beginning on the 60th day after the
date of enactment of the Fair Minimum Wage Act of 2007;
``(B) $6.55 an hour, beginning 12 months after that 60th
day; and
``(C) $7.25 an hour, beginning 24 months after that 60th
day;''.
(b) Effective Date.--The amendment made by subsection (a)
shall take effect 60 days after the date of enactment of this
Act.
SEC. 8103. APPLICABILITY OF MINIMUM WAGE TO AMERICAN SAMOA
AND THE COMMONWEALTH OF THE NORTHERN MARIANA
ISLANDS.
(a) In General.--Section 6 of the Fair Labor Standards Act
of 1938 (29 U.S.C. 206) shall apply to American Samoa and the
Commonwealth of the Northern Mariana Islands.
(b) Transition.--Notwithstanding subsection (a)--
(1) the minimum wage applicable to the Commonwealth of the
Northern Mariana Islands under section 6(a)(1) of the Fair
Labor Standards Act of 1938 (29 U.S.C. 206(a)(1)) shall be--
(A) $3.55 an hour, beginning on the 60th day after the date
of enactment of this Act; and
[[Page S6814]]
(B) increased by $0.50 an hour (or such lesser amount as
may be necessary to equal the minimum wage under section
6(a)(1) of such Act), beginning 1 year after the date of
enactment of this Act and each year thereafter until the
minimum wage applicable to the Commonwealth of the Northern
Mariana Islands under this paragraph is equal to the minimum
wage set forth in such section; and
(2) the minimum wage applicable to American Samoa under
section 6(a)(1) of the Fair Labor Standards Act of 1938 (29
U.S.C. 206(a)(1)) shall be--
(A) the applicable wage rate in effect for each industry
and classification under section 697 of title 29, Code of
Federal Regulations, on the date of enactment of this Act;
(B) increased by $0.50 an hour, beginning on the 60th day
after the date of enactment of this Act; and
(C) increased by $0.50 an hour (or such lesser amount as
may be necessary to equal the minimum wage under section
6(a)(1) of such Act), beginning 1 year after the date of
enactment of this Act and each year thereafter until the
minimum wage applicable to American Samoa under this
paragraph is equal to the minimum wage set forth in such
section.
(c) Conforming Amendments.--
(1) In general.--The Fair Labor Standards Act of 1938 is
amended--
(A) by striking sections 5 and 8; and
(B) in section 6(a), by striking paragraph (3) and
redesignating paragraphs (4) and (5) as paragraphs (3) and
(4), respectively.
(2) Effective date.--The amendments made by this subsection
shall take effect 60 days after the date of enactment of this
Act.
SEC. 8104. STUDY ON PROJECTED IMPACT.
(a) Study.--Beginning on the date that is 60 days after the
date of enactment of this Act, the Secretary of Labor shall,
through the Bureau of Labor Statistics, conduct a study to--
(1) assess the impact of the wage increases required by
this Act through such date; and
(2) project the impact of any further wage increase,
on living standards and rates of employment in American Samoa
and the Commonwealth of the Northern Mariana Islands.
(b) Report.--Not later than the date that is 8 months after
the date of enactment of this Act, the Secretary of Labor
shall transmit to Congress a report on the findings of the
study required by subsection (a).
Subtitle B--Small Business Tax Incentives
SEC. 8201. SHORT TITLE; AMENDMENT OF CODE; TABLE OF CONTENTS.
(a) Short Title.--This subtitle may be cited as the ``Small
Business and Work Opportunity Tax Act of 2007''.
(b) Amendment of 1986 Code.--Except as otherwise expressly
provided, whenever in this subtitle 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.
(c) Table of Contents.--The table of contents of this
subtitle is as follows:
Sec. 8201. Short title; amendment of Code; table of contents.
Part 1--Small Business Tax Relief Provisions
Subpart A--General provisions
Sec. 8211. Extension and modification of work opportunity tax credit.
Sec. 8212. Extension and increase of expensing for small business.
Sec. 8213. Determination of credit for certain taxes paid with respect
to employee cash tips.
Sec. 8214. Waiver of individual and corporate alternative minimum tax
limits on work opportunity credit and credit for taxes
paid with respect to employee cash tips.
Sec. 8215. Family business tax simplification.
Subpart B--Gulf Opportunity Zone tax incentives
Sec. 8221. Extension of increased expensing for qualified section 179
Gulf Opportunity Zone property.
Sec. 8222. Extension and expansion of low-income housing credit rules
for buildings in the GO Zones.
Sec. 8223. Special tax-exempt bond financing rule for repairs and
reconstructions of residences in the GO Zones.
Sec. 8224. GAO study of practices employed by State and local
governments in allocating and utilizing tax incentives
provided pursuant to the Gulf Opportunity Zone Act of
2005.
Subpart C--Subchapter S provisions
Sec. 8231. Capital gain of S corporation not treated as passive
investment income.
Sec. 8232. Treatment of bank director shares.
Sec. 8233. Special rule for bank required to change from the reserve
method of accounting on becoming S corporation.
Sec. 8234. Treatment of the sale of interest in a qualified subchapter
S subsidiary.
Sec. 8235. Elimination of all earnings and profits attributable to pre-
1983 years for certain corporations.
Sec. 8236. Deductibility of interest expense on indebtedness incurred
by an electing small business trust to acquire S
corporation stock.
Part 2--Revenue Provisions
Sec. 8241. Increase in age of children whose unearned income is taxed
as if parent's income.
Sec. 8242. Suspension of certain penalties and interest.
Sec. 8243. Modification of collection due process procedures for
employment tax liabilities.
Sec. 8244. Permanent extension of IRS user fees.
Sec. 8245. Increase in penalty for bad checks and money orders.
Sec. 8246. Understatement of taxpayer liability by return preparers.
Sec. 8247. Penalty for filing erroneous refund claims.
Sec. 8248. Time for payment of corporate estimated taxes.
PART 1--SMALL BUSINESS TAX RELIEF PROVISIONS
Subpart A--General Provisions
SEC. 8211. EXTENSION AND MODIFICATION OF WORK OPPORTUNITY TAX
CREDIT.
(a) Extension.--Section 51(c)(4)(B) (relating to
termination) is amended by striking ``December 31, 2007'' and
inserting ``August 31, 2011''.
(b) Increase in Maximum Age for Designated Community
Residents.--
(1) In general.--Paragraph (5) of section 51(d) is amended
to read as follows:
``(5) Designated community residents.--
``(A) In general.--The term `designated community resident'
means any individual who is certified by the designated local
agency--
``(i) as having attained age 18 but not age 40 on the
hiring date, and
``(ii) as having his principal place of abode within an
empowerment zone, enterprise community, renewal community, or
rural renewal county.
``(B) Individual must continue to reside in zone,
community, or county.--In the case of a designated community
resident, the term `qualified wages' shall not include wages
paid or incurred for services performed while the
individual's principal place of abode is outside an
empowerment zone, enterprise community, renewal community, or
rural renewal county.
``(C) Rural renewal county.--For purposes of this
paragraph, the term `rural renewal county' means any county
which--
``(i) is outside a metropolitan statistical area (defined
as such by the Office of Management and Budget), and
``(ii) during the 5-year periods 1990 through 1994 and 1995
through 1999 had a net population loss.''.
(2) Conforming amendment.--Subparagraph (D) of section
51(d)(1) is amended to read as follows:
``(D) a designated community resident,''.
(c) Clarification of Treatment of Individuals Under
Individual Work Plans.--Subparagraph (B) of section 51(d)(6)
(relating to vocational rehabilitation referral) is amended
by striking ``or'' at the end of clause (i), by striking the
period at the end of clause (ii) and inserting ``, or'', and
by adding at the end the following new clause:
``(iii) an individual work plan developed and implemented
by an employment network pursuant to subsection (g) of
section 1148 of the Social Security Act with respect to which
the requirements of such subsection are met.''.
(d) Treatment of Disabled Veterans Under the Work
Opportunity Tax Credit.--
(1) Disabled veterans treated as members of targeted
group.--
(A) In general.--Subparagraph (A) of section 51(d)(3)
(relating to qualified veteran) is amended by striking
``agency as being a member of a family'' and all that follows
and inserting ``agency as--
``(i) being a member of a family receiving assistance under
a food stamp program under the Food Stamp Act of 1977 for at
least a 3-month period ending during the 12-month period
ending on the hiring date, or
``(ii) entitled to compensation for a service-connected
disability, and--
``(I) having a hiring date which is not more that 1 year
after having been discharged or released from active duty in
the Armed Forces of the United States, or
``(II) having aggregate periods of unemployment during the
1-year period ending on the hiring date which equal or exceed
6 months.''.
(B) Definitions.--Paragraph (3) of section 51(d) is amended
by adding at the end the following new subparagraph:
``(C) Other definitions.--For purposes of subparagraph (A),
the terms `compensation' and `service-connected' have the
meanings given such terms under section 101 of title 38,
United States Code.''.
(2) Increase in amount of wages taken into account for
disabled veterans.--Paragraph (3) of section 51(b) is
amended--
(A) by inserting ``($12,000 per year in the case of any
individual who is a qualified veteran by reason of subsection
(d)(3)(A)(ii))'' before the period at the end, and
(B) by striking ``Only first $6,000 of'' in the heading and
inserting ``Limitation on''.
(e) Effective Date.--The amendments made by this section
shall apply to individuals who begin work for the employer
after the date of the enactment of this Act.
SEC. 8212. EXTENSION AND INCREASE OF EXPENSING FOR SMALL
BUSINESS.
(a) Extension.--Subsections (b)(1), (b)(2), (b)(5), (c)(2),
and (d)(1)(A)(ii) of section 179 (relating to election to
expense certain depreciable business assets) are each amended
by striking ``2010'' and inserting ``2011''.
(b) Increase in Limitations.--Subsection (b) of section 179
is amended--
(1) by striking ``$100,000 in the case of taxable years
beginning after 2002'' in paragraph (1) and inserting
``$125,000 in the case of taxable years beginning after
2006'', and
(2) by striking ``$400,000 in the case of taxable years
beginning after 2002'' in paragraph (2) and inserting
``$500,000 in the case of taxable years beginning after
2006''.
(c) Inflation Adjustment.--Subparagraph (A) of section
179(b)(5) is amended--
(1) by striking ``2003'' and inserting ``2007'',
(2) by striking ``$100,000 and $400,000'' and inserting
``$125,000 and $500,000'', and
[[Page S6815]]
(3) by striking ``2002'' in clause (ii) and inserting
``2006''.
(d) Effective Date.--The amendments made by this section
shall apply to taxable years beginning after December 31,
2006.
SEC. 8213. DETERMINATION OF CREDIT FOR CERTAIN TAXES PAID
WITH RESPECT TO EMPLOYEE CASH TIPS.
(a) In General.--Subparagraph (B) of section 45B(b)(1) is
amended by inserting ``as in effect on January 1, 2007, and''
before ``determined without regard to''.
(b) Effective Date.--The amendment made by this section
shall apply to tips received for services performed after
December 31, 2006.
SEC. 8214. WAIVER OF INDIVIDUAL AND CORPORATE ALTERNATIVE
MINIMUM TAX LIMITS ON WORK OPPORTUNITY CREDIT
AND CREDIT FOR TAXES PAID WITH RESPECT TO
EMPLOYEE CASH TIPS.
(a) Allowance Against Alternative Minimum Tax.--
Subparagraph (B) of section 38(c)(4) is amended by striking
``and'' at the end of clause (i), by inserting a comma at the
end of clause (ii), and by adding at the end the following
new clauses:
``(iii) the credit determined under section 45B, and
``(iv) the credit determined under section 51.''.
(b) Effective Date.--The amendments made by this section
shall apply to credits determined under sections 45B and 51
of the Internal Revenue Code of 1986 in taxable years
beginning after December 31, 2006, and to carrybacks of such
credits.
SEC. 8215. FAMILY BUSINESS TAX SIMPLIFICATION.
(a) In General.--Section 761 (defining terms for purposes
of partnerships) is amended by redesignating subsection (f)
as subsection (g) and by inserting after subsection (e) the
following new subsection:
``(f) Qualified Joint Venture.--
``(1) In general.--In the case of a qualified joint venture
conducted by a husband and wife who file a joint return for
the taxable year, for purposes of this title--
``(A) such joint venture shall not be treated as a
partnership,
``(B) all items of income, gain, loss, deduction, and
credit shall be divided between the spouses in accordance
with their respective interests in the venture, and
``(C) each spouse shall take into account such spouse's
respective share of such items as if they were attributable
to a trade or business conducted by such spouse as a sole
proprietor.
``(2) Qualified joint venture.--For purposes of paragraph
(1), the term `qualified joint venture' means any joint
venture involving the conduct of a trade or business if--
``(A) the only members of such joint venture are a husband
and wife,
``(B) both spouses materially participate (within the
meaning of section 469(h) without regard to paragraph (5)
thereof) in such trade or business, and
``(C) both spouses elect the application of this
subsection.''.
(b) Net Earnings From Self-Employment.--
(1) Subsection (a) of section 1402 (defining net earnings
from self-employment) is amended by striking ``, and'' at the
end of paragraph (15) and inserting a semicolon, by striking
the period at the end of paragraph (16) and inserting ``;
and'', and by inserting after paragraph (16) the following
new paragraph:
``(17) notwithstanding the preceding provisions of this
subsection, each spouse's share of income or loss from a
qualified joint venture shall be taken into account as
provided in section 761(f) in determining net earnings from
self-employment of such spouse.''.
(2) Subsection (a) of section 211 of the Social Security
Act (defining net earnings from self-employment) is amended
by striking ``and'' at the end of paragraph (14), by striking
the period at the end of paragraph (15) and inserting ``;
and'', and by inserting after paragraph (15) the following
new paragraph:
``(16) Notwithstanding the preceding provisions of this
subsection, each spouse's share of income or loss from a
qualified joint venture shall be taken into account as
provided in section 761(f) of the Internal Revenue Code of
1986 in determining net earnings from self-employment of such
spouse.''.
(c) Effective Date.--The amendments made by this section
shall apply to taxable years beginning after December 31,
2006.
Subpart B--Gulf Opportunity Zone Tax Incentives
SEC. 8221. EXTENSION OF INCREASED EXPENSING FOR QUALIFIED
SECTION 179 GULF OPPORTUNITY ZONE PROPERTY.
Paragraph (2) of section 1400N(e) (relating to qualified
section 179 Gulf Opportunity Zone property) is amended--
(1) by striking ``this subsection, the term'' and
inserting:
``this subsection--
``(A) In general.--The term'', and
(2) by adding at the end the following new subparagraph:
``(B) Extension for certain property.--In the case of
property substantially all of the use of which is in one or
more specified portions of the GO Zone (as defined by
subsection (d)(6)), such term shall include section 179
property (as so defined) which is described in subsection
(d)(2), determined--
``(i) without regard to subsection (d)(6), and
``(ii) by substituting `2008' for `2007' in subparagraph
(A)(v) thereof.''.
SEC. 8222. EXTENSION AND EXPANSION OF LOW-INCOME HOUSING
CREDIT RULES FOR BUILDINGS IN THE GO ZONES.
(a) Time for Making Low-Income Housing Credit
Allocations.--Subsection (c) of section 1400N (relating to
low-income housing credit) is amended by redesignating
paragraph (5) as paragraph (6) and by inserting after
paragraph (4) the following new paragraph:
``(5) Time for making low-income housing credit
allocations.--Section 42(h)(1)(B) shall not apply to an
allocation of housing credit dollar amount to a building
located in the Gulf Opportunity Zone, the Rita GO Zone, or
the Wilma GO Zone, if such allocation is made in 2006, 2007,
or 2008, and such building is placed in service before
January 1, 2011.''.
(b) Extension of Period for Treating GO Zones as Difficult
Development Areas.--
(1) In general.--Subparagraph (A) of section 1400N(c)(3) is
amended by striking ``2006, 2007, or 2008'' and inserting
``the period beginning on January 1, 2006, and ending on
December 31, 2010''.
(2) Conforming amendment.--Clause (ii) of section
1400N(c)(3)(B) is amended by striking ``such period'' and
inserting ``the period described in subparagraph (A)''.
(c) Community Development Block Grants Not Taken Into
Account in Determining if Buildings Are Federally
Subsidized.--Subsection (c) of section 1400N (relating to
low-income housing credit), as amended by this Act, is
amended by redesignating paragraph (6) as paragraph (7) and
by inserting after paragraph (5) the following new paragraph:
``(6) Community development block grants not taken into
account in determining if buildings are federally
subsidized.--For purpose of applying section 42(i)(2)(D) to
any building which is placed in service in the Gulf
Opportunity Zone, the Rita GO Zone, or the Wilma GO Zone
during the period beginning on January 1, 2006, and ending on
December 31, 2010, a loan shall not be treated as a below
market Federal loan solely by reason of any assistance
provided under section 106, 107, or 108 of the Housing and
Community Development Act of 1974 by reason of section 122 of
such Act or any provision of the Department of Defense
Appropriations Act, 2006, or the Emergency Supplemental
Appropriations Act for Defense, the Global War on Terror, and
Hurricane Recovery, 2006.''.
SEC. 8223. SPECIAL TAX-EXEMPT BOND FINANCING RULE FOR REPAIRS
AND RECONSTRUCTIONS OF RESIDENCES IN THE GO
ZONES.
Subsection (a) of section 1400N (relating to tax-exempt
bond financing) is amended by adding at the end the following
new paragraph:
``(7) Special rule for repairs and reconstructions.--
``(A) In general.--For purposes of section 143 and this
subsection, any qualified GO Zone repair or reconstruction
shall be treated as a qualified rehabilitation.
``(B) Qualified go zone repair or reconstruction.--For
purposes of subparagraph (A), the term `qualified GO Zone
repair or reconstruction' means any repair of damage caused
by Hurricane Katrina, Hurricane Rita, or Hurricane Wilma to a
building located in the Gulf Opportunity Zone, the Rita GO
Zone, or the Wilma GO Zone (or reconstruction of such
building in the case of damage constituting destruction) if
the expenditures for such repair or reconstruction are 25
percent or more of the mortgagor's adjusted basis in the
residence. For purposes of the preceding sentence, the
mortgagor's adjusted basis shall be determined as of the
completion of the repair or reconstruction or, if later, the
date on which the mortgagor acquires the residence.
``(C) Termination.--This paragraph shall apply only to
owner-financing provided after the date of the enactment of
this paragraph and before January 1, 2011.''.
SEC. 8224. GAO STUDY OF PRACTICES EMPLOYED BY STATE AND LOCAL
GOVERNMENTS IN ALLOCATING AND UTILIZING TAX
INCENTIVES PROVIDED PURSUANT TO THE GULF
OPPORTUNITY ZONE ACT OF 2005.
(a) In General.--The Comptroller General of the United
States shall conduct a study of the practices employed by
State and local governments, and subdivisions thereof, in
allocating and utilizing tax incentives provided pursuant to
the Gulf Opportunity Zone Act of 2005 and this Act.
(b) Submission of Report.--Not later than one year after
the date of the enactment of this Act, the Comptroller
General shall submit a report on the findings of the study
conducted under subsection (a) and shall include therein
recommendations (if any) relating to such findings. The
report shall be submitted to the Committee on Ways and Means
of the House of Representatives and the Committee on Finance
of the Senate.
(c) Congressional Hearings.--In the case that the report
submitted under this section includes findings of significant
fraud, waste or abuse, each Committee specified in subsection
(b) shall, within 60 days after the date the report is
submitted under subsection (b), hold a public hearing to
review such findings.
Subpart C--Subchapter S Provisions
SEC. 8231. CAPITAL GAIN OF S CORPORATION NOT TREATED AS
PASSIVE INVESTMENT INCOME.
(a) In General.--Section 1362(d)(3) is amended by striking
subparagraphs (B), (C), (D), (E), and (F) and inserting the
following new subparagraphs:
``(B) Gross receipts from the sales of certain assets.--For
purposes of this paragraph--
``(i) in the case of dispositions of capital assets (other
than stock and securities), gross receipts from such
dispositions shall be taken into account only to the extent
of the capital gain net income therefrom, and
``(ii) in the case of sales or exchanges of stock or
securities, gross receipts shall be taken into account only
to the extent of the gains therefrom.
[[Page S6816]]
``(C) Passive investment income defined.--
``(i) In general.--Except as otherwise provided in this
subparagraph, the term `passive investment income' means
gross receipts derived from royalties, rents, dividends,
interest, and annuities.
``(ii) Exception for interest on notes from sales of
inventory.--The term `passive investment income' shall not
include interest on any obligation acquired in the ordinary
course of the corporation's trade or business from its sale
of property described in section 1221(a)(1).
``(iii) Treatment of certain lending or finance
companies.--If the S corporation meets the requirements of
section 542(c)(6) for the taxable year, the term `passive
investment income' shall not include gross receipts for the
taxable year which are derived directly from the active and
regular conduct of a lending or finance business (as defined
in section 542(d)(1)).
``(iv) Treatment of certain dividends.--If an S corporation
holds stock in a C corporation meeting the requirements of
section 1504(a)(2), the term `passive investment income'
shall not include dividends from such C corporation to the
extent such dividends are attributable to the earnings and
profits of such C corporation derived from the active conduct
of a trade or business.
``(v) Exception for banks, etc.--In the case of a bank (as
defined in section 581) or a depository institution holding
company (as defined in section 3(w)(1) of the Federal Deposit
Insurance Act (12 U.S.C. 1813(w)(1)), the term `passive
investment income' shall not include--
``(I) interest income earned by such bank or company, or
``(II) dividends on assets required to be held by such bank
or company, including stock in the Federal Reserve Bank, the
Federal Home Loan Bank, or the Federal Agricultural Mortgage
Bank or participation certificates issued by a Federal
Intermediate Credit Bank.''.
(b) Effective Date.--The amendments made by this section
shall apply to taxable years beginning after the date of the
enactment of this Act.
SEC. 8232. TREATMENT OF BANK DIRECTOR SHARES.
(a) In General.--Section 1361 (defining S corporation) is
amended by adding at the end the following new subsection:
``(f) Restricted Bank Director Stock.--
``(1) In general.--Restricted bank director stock shall not
be taken into account as outstanding stock of the S
corporation in applying this subchapter (other than section
1368(f)).
``(2) Restricted bank director stock.--For purposes of this
subsection, the term `restricted bank director stock' means
stock in a bank (as defined in section 581) or a depository
institution holding company (as defined in section 3(w)(1) of
the Federal Deposit Insurance Act (12 U.S.C. 1813(w)(1)), if
such stock--
``(A) is required to be held by an individual under
applicable Federal or State law in order to permit such
individual to serve as a director, and
``(B) is subject to an agreement with such bank or company
(or a corporation which controls (within the meaning of
section 368(c)) such bank or company) pursuant to which the
holder is required to sell back such stock (at the same price
as the individual acquired such stock) upon ceasing to hold
the office of director.
``(3) Cross reference.--
``For treatment of certain distributions with respect to restricted
bank director stock, see section 1368(f).''.
(b) Distributions.--Section 1368 (relating to
distributions) is amended by adding at the end the following
new subsection:
``(f) Restricted Bank Director Stock.--If a director
receives a distribution (not in part or full payment in
exchange for stock) from an S corporation with respect to any
restricted bank director stock (as defined in section
1361(f)), the amount of such distribution--
``(1) shall be includible in gross income of the director,
and
``(2) shall be deductible by the corporation for the
taxable year of such corporation in which or with which ends
the taxable year in which such amount in included in the
gross income of the director.''.
(c) Effective Dates.--
(1) In general.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2006.
(2) Special rule for treatment as second class of stock.--
In the case of any taxable year beginning after December 31,
1996, restricted bank director stock (as defined in section
1361(f) of the Internal Revenue Code of 1986, as added by
this section) shall not be taken into account in determining
whether an S corporation has more than 1 class of stock.
SEC. 8233. SPECIAL RULE FOR BANK REQUIRED TO CHANGE FROM THE
RESERVE METHOD OF ACCOUNTING ON BECOMING S
CORPORATION.
(a) In General.--Section 1361, as amended by this Act, is
amended by adding at the end the following new subsection:
``(g) Special Rule for Bank Required To Change From the
Reserve Method of Accounting on Becoming S Corporation.--In
the case of a bank which changes from the reserve method of
accounting for bad debts described in section 585 or 593 for
its first taxable year for which an election under section
1362(a) is in effect, the bank may elect to take into account
any adjustments under section 481 by reason of such change
for the taxable year immediately preceding such first taxable
year.''.
(b) Effective Date.--The amendments made by this section
shall apply to taxable years beginning after December 31,
2006.
SEC. 8234. TREATMENT OF THE SALE OF INTEREST IN A QUALIFIED
SUBCHAPTER S SUBSIDIARY.
(a) In General.--Subparagraph (C) of section 1361(b)(3)
(relating to treatment of terminations of qualified
subchapter S subsidiary status) is amended--
(1) by striking ``For purposes of this title,'' and
inserting the following:
``(i) In general.--For purposes of this title,'', and
(2) by inserting at the end the following new clause:
``(ii) Termination by reason of sale of stock.--If the
failure to meet the requirements of subparagraph (B) is by
reason of the sale of stock of a corporation which is a
qualified subchapter S subsidiary, the sale of such stock
shall be treated as if--
``(I) the sale were a sale of an undivided interest in the
assets of such corporation (based on the percentage of the
corporation's stock sold), and
``(II) the sale were followed by an acquisition by such
corporation of all of its assets (and the assumption by such
corporation of all of its liabilities) in a transaction to
which section 351 applies.''.
(b) Effective Date.--The amendments made by this section
shall apply to taxable years beginning after December 31,
2006.
SEC. 8235. ELIMINATION OF ALL EARNINGS AND PROFITS
ATTRIBUTABLE TO PRE-1983 YEARS FOR CERTAIN
CORPORATIONS.
In the case of a corporation which is--
(1) described in section 1311(a)(1) of the Small Business
Job Protection Act of 1996, and
(2) not described in section 1311(a)(2) of such Act,
the amount of such corporation's accumulated earnings and
profits (for the first taxable year beginning after the date
of the enactment of this Act) shall be reduced by an amount
equal to the portion (if any) of such accumulated earnings
and profits which were accumulated in any taxable year
beginning before January 1, 1983, for which such corporation
was an electing small business corporation under subchapter S
of the Internal Revenue Code of 1986.
SEC. 8236. DEDUCTIBILITY OF INTEREST EXPENSE ON INDEBTEDNESS
INCURRED BY AN ELECTING SMALL BUSINESS TRUST TO
ACQUIRE S CORPORATION STOCK.
(a) In General.--Subparagraph (C) of section 641(c)(2)
(relating to modifications) is amended by inserting after
clause (iii) the following new clause:
``(iv) Any interest expense paid or accrued on indebtedness
incurred to acquire stock in an S corporation.''.
(b) Effective Date.--The amendment made by this section
shall apply to taxable years beginning after December 31,
2006.
PART 2--REVENUE PROVISIONS
SEC. 8241. INCREASE IN AGE OF CHILDREN WHOSE UNEARNED INCOME
IS TAXED AS IF PARENT'S INCOME.
(a) In General.--Subparagraph (A) of section 1(g)(2)
(relating to child to whom subsection applies) is amended to
read as follows:
``(A) such child--
``(i) has not attained age 18 before the close of the
taxable year, or
``(ii)(I) has attained age 18 before the close of the
taxable year and meets the age requirements of section
152(c)(3) (determined without regard to subparagraph (B)
thereof), and
``(II) whose earned income (as defined in section
911(d)(2)) for such taxable year does not exceed one-half of
the amount of the individual's support (within the meaning of
section 152(c)(1)(D) after the application of section
152(f)(5) (without regard to subparagraph (A) thereof)) for
such taxable year,''.
(b) Conforming Amendment.--Subsection (g) of section 1 is
amended by striking ``Minor'' in the heading thereof.
(c) Effective Date.--The amendment made by this section
shall apply to taxable years beginning after the date of the
enactment of this Act.
SEC. 8242. SUSPENSION OF CERTAIN PENALTIES AND INTEREST.
(a) In General.--Paragraphs (1)(A) and (3)(A) of section
6404(g) are each amended by striking ``18-month period'' and
inserting ``36-month period''.
(b) Effective Date.--The amendments made by this section
shall apply to notices provided by the Secretary of the
Treasury, or his delegate, after the date which is 6 months
after the date of the enactment of this Act.
SEC. 8243. MODIFICATION OF COLLECTION DUE PROCESS PROCEDURES
FOR EMPLOYMENT TAX LIABILITIES.
(a) In General.--Section 6330(f) (relating to jeopardy and
State refund collection) is amended--
(1) by striking ``; or'' at the end of paragraph (1) and
inserting a comma,
(2) by adding ``or'' at the end of paragraph (2), and
(3) by inserting after paragraph (2) the following new
paragraph:
``(3) the Secretary has served a disqualified employment
tax levy,''.
(b) Disqualified Employment Tax Levy.--Section 6330 of such
Code (relating to notice and opportunity for hearing before
levy) is amended by adding at the end the following new
subsection:
``(h) Disqualified Employment Tax Levy.--For purposes of
subsection (f), a disqualified employment tax levy is any
levy in connection with the collection of employment taxes
for any taxable period if the person subject to the levy (or
any predecessor thereof) requested a hearing under this
section with respect to unpaid employment taxes arising in
the most recent 2-year period before the beginning of the
taxable period with respect to which the levy is served. For
purposes of the preceding sentence, the term `employment
taxes' means any taxes under chapter 21, 22, 23, or 24.''.
[[Page S6817]]
(c) Effective Date.--The amendments made by this section
shall apply to levies served on or after the date that is 120
days after the date of the enactment of this Act.
SEC. 8244. PERMANENT EXTENSION OF IRS USER FEES.
Section 7528 (relating to Internal Revenue Service user
fees) is amended by striking subsection (c).
SEC. 8245. INCREASE IN PENALTY FOR BAD CHECKS AND MONEY
ORDERS.
(a) In General.--Section 6657 (relating to bad checks) is
amended--
(1) by striking ``$750'' and inserting ``$1,250'', and
(2) by striking ``$15'' and inserting ``$25''.
(b) Effective Date.--The amendments made by this section
apply to checks or money orders received after the date of
the enactment of this Act.
SEC. 8246. UNDERSTATEMENT OF TAXPAYER LIABILITY BY RETURN
PREPARERS.
(a) Application of Return Preparer Penalties to All Tax
Returns.--
(1) Definition of tax return preparer.--Paragraph (36) of
section 7701(a) (relating to income tax preparer) is
amended--
(A) by striking ``income'' each place it appears in the
heading and the text, and
(B) in subparagraph (A), by striking ``subtitle A'' each
place it appears and inserting ``this title''.
(2) Conforming amendments.--
(A)(i) Section 6060 is amended by striking ``INCOME TAX
RETURN PREPARERS'' in the heading and inserting ``4TAX
RETURN PREPARERS''.
(ii) Section 6060(a) is amended--
(I) by striking ``an income tax return preparer'' each
place it appears and inserting ``a tax return preparer'',
(II) by striking ``each income tax return preparer'' and
inserting ``each tax return preparer'', and
(III) by striking ``another income tax return preparer''
and inserting ``another tax return preparer''.
(iii) The item relating to section 6060 in the table of
sections for subpart F of part III of subchapter A of chapter
61 is amended by striking ``income tax return preparers'' and
inserting ``tax return preparers''.
(iv) Subpart F of part III of subchapter A of chapter 61 is
amended by striking ``Income Tax Return Preparers'' in the
heading and inserting ``Tax Return Preparers''.
(v) The item relating to subpart F in the table of subparts
for part III of subchapter A of chapter 61 is amended by
striking ``income tax return preparers'' and inserting ``tax
return preparers''.
(B) Section 6103(k)(5) is amended--
(i) by striking ``income tax return preparer'' each place
it appears and inserting ``tax return preparer'', and
(ii) by striking ``income tax return preparers'' each place
it appears and inserting ``tax return preparers''.
(C)(i) Section 6107 is amended--
(I) by striking ``INCOME TAX RETURN PREPARER'' in the
heading and inserting ``TAX RETURN PREPARER'',
(II) by striking ``an income tax return preparer'' each
place it appears in subsections (a) and (b) and inserting ``a
tax return preparer'',
(III) by striking ``Income Tax Return Preparer'' in the
heading for subsection (b) and inserting ``Tax Return
Preparer'', and
(IV) in subsection (c), by striking ``income tax return
preparers'' and inserting ``tax return preparers''.
(ii) The item relating to section 6107 in the table of
sections for subchapter B of chapter 61 is amended by
striking ``Income tax return preparer'' and inserting ``Tax
return preparer''.
(D) Section 6109(a)(4) is amended--
(i) by striking ``an income tax return preparer'' and
inserting ``a tax return preparer'', and
(ii) by striking ``income return preparer'' in the heading
and inserting ``tax return preparer''.
(E) Section 6503(k)(4) is amended by striking ``Income tax
return preparers'' and inserting ``Tax return preparers''.
(F)(i) Section 6694 is amended--
(I) by striking ``INCOME TAX RETURN PREPARER'' in the
heading and inserting ``TAX RETURN PREPARER'',
(II) by striking ``an income tax return preparer'' each
place it appears and inserting ``a tax return preparer'',
(III) in subsection (c)(2), by striking ``the income tax
return preparer'' and inserting ``the tax return preparer'',
(IV) in subsection (e), by striking ``subtitle A'' and
inserting ``this title'', and
(V) in subsection (f), by striking ``income tax return
preparer'' and inserting ``tax return preparer''.
(ii) The item relating to section 6694 in the table of
sections for part I of subchapter B of chapter 68 is amended
by striking ``income tax return preparer'' and inserting
``tax return preparer''.
(G)(i) Section 6695 is amended--
(I) by striking ``INCOME'' in the heading, and
(II) by striking ``an income tax return preparer'' each
place it appears and inserting ``a tax return preparer''.
(ii) Section 6695(f) is amended--
(I) by striking ``subtitle A'' and inserting ``this
title'', and
(II) by striking ``the income tax return preparer'' and
inserting ``the tax return preparer''.
(iii) The item relating to section 6695 in the table of
sections for part I of subchapter B of chapter 68 is amended
by striking ``income''.
(H) Section 6696(e) is amended by striking ``subtitle A''
each place it appears and inserting ``this title''.
(I)(i) Section 7407 is amended--
(I) by striking ``INCOME TAX RETURN PREPARERS'' in the
heading and inserting ``TAX RETURN PREPARERS'',
(II) by striking ``an income tax return preparer'' each
place it appears and inserting ``a tax return preparer'',
(III) by striking ``income tax preparer'' both places it
appears in subsection (a) and inserting ``tax return
preparer'', and
(IV) by striking ``income tax return'' in subsection (a)
and inserting ``tax return''.
(ii) The item relating to section 7407 in the table of
sections for subchapter A of chapter 76 is amended by
striking ``income tax return preparers'' and inserting ``tax
return preparers''.
(J)(i) Section 7427 is amended--
(I) by striking ``INCOME TAX RETURN PREPARERS'' in the
heading and inserting ``TAX RETURN PREPARERS'', and
(II) by striking ``an income tax return preparer'' and
inserting ``a tax return preparer''.
(ii) The item relating to section 7427 in the table of
sections for subchapter B of chapter 76 is amended to read as
follows:
``Sec. 7427. Tax return preparers.''.
(b) Modification of Penalty for Understatement of
Taxpayer's Liability by Tax Return Preparer.--Subsections (a)
and (b) of section 6694 are amended to read as follows:
``(a) Understatement Due to Unreasonable Positions.--
``(1) In general.--Any tax return preparer who prepares any
return or claim for refund with respect to which any part of
an understatement of liability is due to a position described
in paragraph (2) shall pay a penalty with respect to each
such return or claim in an amount equal to the greater of--
``(A) $1,000, or
``(B) 50 percent of the income derived (or to be derived)
by the tax return preparer with respect to the return or
claim.
``(2) Unreasonable position.--A position is described in
this paragraph if--
``(A) the tax return preparer knew (or reasonably should
have known) of the position,
``(B) there was not a reasonable belief that the position
would more likely than not be sustained on its merits, and
``(C)(i) the position was not disclosed as provided in
section 6662(d)(2)(B)(ii), or
``(ii) there was no reasonable basis for the position.
``(3) Reasonable cause exception.--No penalty shall be
imposed under this subsection if it is shown that there is
reasonable cause for the understatement and the tax return
preparer acted in good faith.
``(b) Understatement Due to Willful or Reckless Conduct.--
``(1) In general.--Any tax return preparer who prepares any
return or claim for refund with respect to which any part of
an understatement of liability is due to a conduct described
in paragraph (2) shall pay a penalty with respect to each
such return or claim in an amount equal to the greater of--
``(A) $5,000, or
``(B) 50 percent of the income derived (or to be derived)
by the tax return preparer with respect to the return or
claim.
``(2) Willful or reckless conduct.--Conduct described in
this paragraph is conduct by the tax return preparer which
is--
``(A) a willful attempt in any manner to understate the
liability for tax on the return or claim, or
``(B) a reckless or intentional disregard of rules or
regulations.
``(3) Reduction in penalty.--The amount of any penalty
payable by any person by reason of this subsection for any
return or claim for refund shall be reduced by the amount of
the penalty paid by such person by reason of subsection
(a).''.
(c) Effective Date.--The amendments made by this section
shall apply to returns prepared after the date of the
enactment of this Act.
SEC. 8247. PENALTY FOR FILING ERRONEOUS REFUND CLAIMS.
(a) In General.--Part I of subchapter B of chapter 68
(relating to assessable penalties) is amended by inserting
after section 6675 the following new section:
``SEC. 6676. ERRONEOUS CLAIM FOR REFUND OR CREDIT.
``(a) Civil Penalty.--If a claim for refund or credit with
respect to income tax (other than a claim for a refund or
credit relating to the earned income credit under section 32)
is made for an excessive amount, unless it is shown that the
claim for such excessive amount has a reasonable basis, the
person making such claim shall be liable for a penalty in an
amount equal to 20 percent of the excessive amount.
``(b) Excessive Amount.--For purposes of this section, the
term `excessive amount' means in the case of any person the
amount by which the amount of the claim for refund or credit
for any taxable year exceeds the amount of such claim
allowable under this title for such taxable year.
``(c) Coordination With Other Penalties.--This section
shall not apply to any portion of the excessive amount of a
claim for refund or credit which is subject to a penalty
imposed under part II of subchapter A of chapter 68.''.
(b) Conforming Amendment.--The table of sections for part I
of subchapter B of chapter 68 is amended by inserting after
the item relating to section 6675 the following new item:
``Sec. 6676. Erroneous claim for refund or credit.''.
(c) Effective Date.--The amendments made by this section
shall apply to any claim filed or submitted after the date of
the enactment of this Act.
SEC. 8248. TIME FOR PAYMENT OF CORPORATE ESTIMATED TAXES.
Subparagraph (B) of section 401(1) of the Tax Increase
Prevention and Reconciliation Act of
[[Page S6818]]
2005 is amended by striking ``106.25 percent'' and inserting
``114.25 percent''.
Subtitle C--Small Business Incentives
SEC. 8301. SHORT TITLE.
This subtitle may be cited as the ``Small Business and Work
Opportunity Act of 2007''.
SEC. 8302. ENHANCED COMPLIANCE ASSISTANCE FOR SMALL
BUSINESSES.
(a) In General.--Section 212 of the Small Business
Regulatory Enforcement Fairness Act of 1996 (5 U.S.C. 601
note) is amended by striking subsection (a) and inserting the
following:
``(a) Compliance Guide.--
``(1) In general.--For each rule or group of related rules
for which an agency is required to prepare a final regulatory
flexibility analysis under section 605(b) of title 5, United
States Code, the agency shall publish 1 or more guides to
assist small entities in complying with the rule and shall
entitle such publications `small entity compliance guides'.
``(2) Publication of guides.--The publication of each guide
under this subsection shall include--
``(A) the posting of the guide in an easily identified
location on the website of the agency; and
``(B) distribution of the guide to known industry contacts,
such as small entities, associations, or industry leaders
affected by the rule.
``(3) Publication date.--An agency shall publish each guide
(including the posting and distribution of the guide as
described under paragraph (2))--
``(A) on the same date as the date of publication of the
final rule (or as soon as possible after that date); and
``(B) not later than the date on which the requirements of
that rule become effective.
``(4) Compliance actions.--
``(A) In general.--Each guide shall explain the actions a
small entity is required to take to comply with a rule.
``(B) Explanation.--The explanation under subparagraph
(A)--
``(i) shall include a description of actions needed to meet
the requirements of a rule, to enable a small entity to know
when such requirements are met; and
``(ii) if determined appropriate by the agency, may include
a description of possible procedures, such as conducting
tests, that may assist a small entity in meeting such
requirements, except that, compliance with any procedures
described pursuant to this section does not establish
compliance with the rule, or establish a presumption or
inference of such compliance.
``(C) Procedures.--Procedures described under subparagraph
(B)(ii)--
``(i) shall be suggestions to assist small entities; and
``(ii) shall not be additional requirements, or diminish
requirements, relating to the rule.
``(5) Agency preparation of guides.--The agency shall, in
its sole discretion, taking into account the subject matter
of the rule and the language of relevant statutes, ensure
that the guide is written using sufficiently plain language
likely to be understood by affected small entities. Agencies
may prepare separate guides covering groups or classes of
similarly affected small entities and may cooperate with
associations of small entities to develop and distribute such
guides. An agency may prepare guides and apply this section
with respect to a rule or a group of related rules.
``(6) Reporting.--Not later than 1 year after the date of
enactment of the Fair Minimum Wage Act of 2007, and annually
thereafter, the head of each agency shall submit a report to
the Committee on Small Business and Entrepreneurship of the
Senate, the Committee on Small Business of the House of
Representatives, and any other committee of relevant
jurisdiction describing the status of the agency's compliance
with paragraphs (1) through (5).''.
(b) Technical and Conforming Amendment.--Section 211(3) of
the Small Business Regulatory Enforcement Fairness Act of
1996 (5 U.S.C. 601 note) is amended by inserting ``and
entitled'' after ``designated''.
SEC. 8303. SMALL BUSINESS CHILD CARE GRANT PROGRAM.
(a) Establishment.--The Secretary of Health and Human
Services (referred to in this section as the ``Secretary'')
shall establish a program to award grants to States, on a
competitive basis, to assist States in providing funds to
encourage the establishment and operation of employer-
operated child care programs.
(b) Application.--To be eligible to receive a grant under
this section, a State shall prepare and submit to the
Secretary an application at such time, in such manner, and
containing such information as the Secretary may require,
including an assurance that the funds required under
subsection (e) will be provided.
(c) Amount and Period of Grant.--The Secretary shall
determine the amount of a grant to a State under this section
based on the population of the State as compared to the
population of all States receiving grants under this section.
The Secretary shall make the grant for a period of 3 years.
(d) Use of Funds.--
(1) In general.--A State shall use amounts provided under a
grant awarded under this section to provide assistance to
small businesses (or consortia formed in accordance with
paragraph (3)) located in the State to enable the small
businesses (or consortia) to establish and operate child care
programs. Such assistance may include--
(A) technical assistance in the establishment of a child
care program;
(B) assistance for the startup costs related to a child
care program;
(C) assistance for the training of child care providers;
(D) scholarships for low-income wage earners;
(E) the provision of services to care for sick children or
to provide care to school-aged children;
(F) the entering into of contracts with local resource and
referral organizations or local health departments;
(G) assistance for care for children with disabilities;
(H) payment of expenses for renovation or operation of a
child care facility; or
(I) assistance for any other activity determined
appropriate by the State.
(2) Application.--In order for a small business or
consortium to be eligible to receive assistance from a State
under this section, the small business involved shall prepare
and submit to the State an application at such time, in such
manner, and containing such information as the State may
require.
(3) Preference.--
(A) In general.--In providing assistance under this
section, a State shall give priority to an applicant that
desires to form a consortium to provide child care in a
geographic area within the State where such care is not
generally available or accessible.
(B) Consortium.--For purposes of subparagraph (A), a
consortium shall be made up of 2 or more entities that shall
include small businesses and that may include large
businesses, nonprofit agencies or organizations, local
governments, or other appropriate entities.
(4) Limitations.--With respect to grant funds received
under this section, a State may not provide in excess of
$500,000 in assistance from such funds to any single
applicant.
(e) Matching Requirement.--To be eligible to receive a
grant under this section, a State shall provide assurances to
the Secretary that, with respect to the costs to be incurred
by a covered entity receiving assistance in carrying out
activities under this section, the covered entity will make
available (directly or through donations from public or
private entities) non-Federal contributions to such costs in
an amount equal to--
(1) for the first fiscal year in which the covered entity
receives such assistance, not less than 50 percent of such
costs ($1 for each $1 of assistance provided to the covered
entity under the grant);
(2) for the second fiscal year in which the covered entity
receives such assistance, not less than 66\2/3\ percent of
such costs ($2 for each $1 of assistance provided to the
covered entity under the grant); and
(3) for the third fiscal year in which the covered entity
receives such assistance, not less than 75 percent of such
costs ($3 for each $1 of assistance provided to the covered
entity under the grant).
(f) Requirements of Providers.--To be eligible to receive
assistance under a grant awarded under this section, a child
care provider--
(1) who receives assistance from a State shall comply with
all applicable State and local licensing and regulatory
requirements and all applicable health and safety standards
in effect in the State; and
(2) who receives assistance from an Indian tribe or tribal
organization shall comply with all applicable regulatory
standards.
(g) State-Level Activities.--A State may not retain more
than 3 percent of the amount described in subsection (c) for
State administration and other State-level activities.
(h) Administration.--
(1) State responsibility.--A State shall have
responsibility for administering a grant awarded for the
State under this section and for monitoring covered entities
that receive assistance under such grant.
(2) Audits.--A State shall require each covered entity
receiving assistance under the grant awarded under this
section to conduct an annual audit with respect to the
activities of the covered entity. Such audits shall be
submitted to the State.
(3) Misuse of funds.--
(A) Repayment.--If the State determines, through an audit
or otherwise, that a covered entity receiving assistance
under a grant awarded under this section has misused the
assistance, the State shall notify the Secretary of the
misuse. The Secretary, upon such a notification, may seek
from such a covered entity the repayment of an amount equal
to the amount of any such misused assistance plus interest.
(B) Appeals process.--The Secretary shall by regulation
provide for an appeals process with respect to repayments
under this paragraph.
(i) Reporting Requirements.--
(1) 2-year study.--
(A) In general.--Not later than 2 years after the date on
which the Secretary first awards grants under this section,
the Secretary shall conduct a study to determine--
(i) the capacity of covered entities to meet the child care
needs of communities within States;
(ii) the kinds of consortia that are being formed with
respect to child care at the local level to carry out
programs funded under this section; and
(iii) who is using the programs funded under this section
and the income levels of such individuals.
(B) Report.--Not later than 28 months after the date on
which the Secretary first awards grants under this section,
the Secretary shall prepare and submit to the appropriate
committees of Congress a report on the results of the study
conducted in accordance with subparagraph (A).
(2) 4-year study.--
(A) In general.--Not later than 4 years after the date on
which the Secretary first awards grants under this section,
the Secretary shall conduct a study to determine the number
of child care facilities that are funded through covered
entities that received assistance through a grant awarded
under this section and that remain in operation, and the
extent to which such facilities are meeting the child care
needs of the individuals served by such facilities.
[[Page S6819]]
(B) Report.--Not later than 52 months after the date on
which the Secretary first awards grants under this section,
the Secretary shall prepare and submit to the appropriate
committees of Congress a report on the results of the study
conducted in accordance with subparagraph (A).
(j) Definitions.--In this section:
(1) Covered entity.--The term ``covered entity'' means a
small business or a consortium formed in accordance with
subsection (d)(3).
(2) Indian community.--The term ``Indian community'' means
a community served by an Indian tribe or tribal organization.
(3) Indian tribe; tribal organization.--The terms ``Indian
tribe'' and ``tribal organization'' have the meanings given
the terms in section 658P of the Child Care and Development
Block Grant Act of 1990 (42 U.S.C. 9858n).
(4) Small business.--The term ``small business'' means an
employer who employed an average of at least 2 but not more
than 50 employees on the business days during the preceding
calendar year.
(5) State.--The term ``State'' has the meaning given the
term in section 658P of the Child Care and Development Block
Grant Act of 1990 (42 U.S.C. 9858n).
(k) Application to Indian Tribes and Tribal
Organizations.--In this section:
(1) In general.--Except as provided in subsection (f)(1),
and in paragraphs (2) and (3), the term ``State'' includes an
Indian tribe or tribal organization.
(2) Geographic references.--The term ``State'' includes an
Indian community in subsections (c) (the second and third
place the term appears), (d)(1) (the second place the term
appears), (d)(3)(A) (the second place the term appears), and
(i)(1)(A)(i).
(3) State-level activities.--The term ``State-level
activities'' includes activities at the tribal level.
(l) Authorization of Appropriations.--
(1) In general.--There is authorized to be appropriated to
carry out this section, $50,000,000 for the period of fiscal
years 2008 through 2012.
(2) Studies and administration.--With respect to the total
amount appropriated for such period in accordance with this
subsection, not more than $2,500,000 of that amount may be
used for expenditures related to conducting studies required
under, and the administration of, this section.
(m) Termination of Program.--The program established under
subsection (a) shall terminate on September 30, 2012.
SEC. 8304. STUDY OF UNIVERSAL USE OF ADVANCE PAYMENT OF
EARNED INCOME CREDIT.
Not later than 180 days after the date of the enactment of
this Act, the Secretary of the Treasury shall report to
Congress on a study of the benefits, costs, risks, and
barriers to workers and to businesses (with a special
emphasis on small businesses) if the advance earned income
tax credit program (under section 3507 of the Internal
Revenue Code of 1986) included all recipients of the earned
income tax credit (under section 32 of such Code) and what
steps would be necessary to implement such inclusion.
SEC. 8305. RENEWAL GRANTS FOR WOMEN'S BUSINESS CENTERS.
(a) In General.--Section 29 of the Small Business Act (15
U.S.C. 656) is amended by adding at the end the following:
``(m) Continued Funding for Centers.--
``(1) In general.--A nonprofit organization described in
paragraph (2) shall be eligible to receive, subject to
paragraph (3), a 3-year grant under this subsection.
``(2) Applicability.--A nonprofit organization described in
this paragraph is a nonprofit organization that has received
funding under subsection (b) or (l).
``(3) Application and approval criteria.--
``(A) Criteria.--Subject to subparagraph (B), the
Administrator shall develop and publish criteria for the
consideration and approval of applications by nonprofit
organizations under this subsection.
``(B) Contents.--Except as otherwise provided in this
subsection, the conditions for participation in the grant
program under this subsection shall be the same as the
conditions for participation in the program under subsection
(l), as in effect on the date of enactment of this Act.
``(C) Notification.--Not later than 60 days after the date
of the deadline to submit applications for each fiscal year,
the Administrator shall approve or deny any application under
this subsection and notify the applicant for each such
application.
``(4) Award of grants.--
``(A) In general.--Subject to the availability of
appropriations, the Administrator shall make a grant for the
Federal share of the cost of activities described in the
application to each applicant approved under this subsection.
``(B) Amount.--A grant under this subsection shall be for
not more than $150,000, for each year of that grant.
``(C) Federal share.--The Federal share under this
subsection shall be not more than 50 percent.
``(D) Priority.--In allocating funds made available for
grants under this section, the Administrator shall give
applications under this subsection or subsection (l) priority
over first-time applications under subsection (b).
``(5) Renewal.--
``(A) In general.--The Administrator may renew a grant
under this subsection for additional 3-year periods, if the
nonprofit organization submits an application for such
renewal at such time, in such manner, and accompanied by such
information as the Administrator may establish.
``(B) Unlimited renewals.--There shall be no limitation on
the number of times a grant may be renewed under subparagraph
(A).
``(n) Privacy Requirements.--
``(1) In general.--A women's business center may not
disclose the name, address, or telephone number of any
individual or small business concern receiving assistance
under this section without the consent of such individual or
small business concern, unless--
``(A) the Administrator is ordered to make such a
disclosure by a court in any civil or criminal enforcement
action initiated by a Federal or State agency; or
``(B) the Administrator considers such a disclosure to be
necessary for the purpose of conducting a financial audit of
a women's business center, but a disclosure under this
subparagraph shall be limited to the information necessary
for such audit.
``(2) Administration use of information.--This subsection
shall not--
``(A) restrict Administration access to program activity
data; or
``(B) prevent the Administration from using client
information (other than the information described in
subparagraph (A)) to conduct client surveys.
``(3) Regulations.--The Administrator shall issue
regulations to establish standards for requiring disclosures
during a financial audit under paragraph (1)(B).''.
(b) Repeal.--Section 29(l) of the Small Business Act (15
U.S.C. 656(l)) is repealed effective October 1 of the first
full fiscal year after the date of enactment of this Act.
(c) Transitional Rule.--Notwithstanding any other provision
of law, a grant or cooperative agreement that was awarded
under subsection (l) of section 29 of the Small Business Act
(15 U.S.C. 656), on or before the day before the date
described in subsection (b) of this section, shall remain in
full force and effect under the terms, and for the duration,
of such grant or agreement.
SEC. 8306. REPORTS ON ACQUISITIONS OF ARTICLES, MATERIALS,
AND SUPPLIES MANUFACTURED OUTSIDE THE UNITED
STATES.
Section 2 of the Buy American Act (41 U.S.C. 10a) is
amended--
(1) by striking ``Notwithstanding'' and inserting the
following:
``(a) In General.--Notwithstanding''; and
(2) by adding at the end the following:
``(b) Reports.--
``(1) In general.--Not later than 180 days after the end of
each of fiscal years 2007 through 2011, the head of each
Federal agency shall submit to the Committee on Homeland
Security and Governmental Affairs of the Senate and the
Committee on Oversight and Government Reform of the House of
Representatives a report on the amount of the acquisitions
made by the agency in that fiscal year of articles,
materials, or supplies purchased from entities that
manufacture the articles, materials, or supplies outside of
the United States.
``(2) Contents of report.--The report required by paragraph
(1) shall separately include, for the fiscal year covered by
such report--
``(A) the dollar value of any articles, materials, or
supplies that were manufactured outside the United States;
``(B) an itemized list of all waivers granted with respect
to such articles, materials, or supplies under this Act, and
a citation to the treaty, international agreement, or other
law under which each waiver was granted;
``(C) if any articles, materials, or supplies were acquired
from entities that manufacture articles, materials, or
supplies outside the United States, the specific exception
under this section that was used to purchase such articles,
materials, or supplies; and
``(D) a summary of--
``(i) the total procurement funds expended on articles,
materials, and supplies manufactured inside the United
States; and
``(ii) the total procurement funds expended on articles,
materials, and supplies manufactured outside the United
States.
``(3) Public availability.--The head of each Federal agency
submitting a report under paragraph (1) shall make the report
publicly available to the maximum extent practicable.
``(4) Exception for intelligence community.--This
subsection shall not apply to acquisitions made by an agency,
or component thereof, that is an element of the intelligence
community as specified in, or designated under, section 3(4)
of the National Security Act of 1947 (50 U.S.C. 401a(4)).''.
TITLE IX--AGRICULTURAL ASSISTANCE
SEC. 9001. CROP DISASTER ASSISTANCE.
(a) Assistance Available.--There are hereby appropriated to
the Secretary of Agriculture such sums as are necessary, to
remain available until expended, to make emergency financial
assistance available to producers on a farm that incurred
qualifying quantity or quality losses for the 2005, 2006, or
2007 crop, due to damaging weather or any related condition
(including losses due to crop diseases, insects, and delayed
planting), as determined by the Secretary. However, to be
eligible for assistance, the crop subject to the loss must
have been planted before February 28, 2007, or, in the case
of prevented planting or other total loss, would have been
planted before February 28, 2007, in the absence of the
damaging weather or any related condition.
(b) Election of Crop Year.--If a producer incurred
qualifying crop losses in more than one of the 2005, 2006, or
2007 crop years, the producer shall elect to receive
assistance under this section for losses incurred in only one
of such crop years. The producer may not receive assistance
under this section for more than one crop year.
(c) Administration.--
[[Page S6820]]
(1) In general.--Except as provided in paragraph (2), the
Secretary of Agriculture shall make assistance available
under this section in the same manner as provided under
section 815 of the Agriculture, Rural Development, Food and
Drug Administration and Related Agencies Appropriations Act,
2001 (Public Law 106-387; 114 Stat. 1549A-55), including
using the same loss thresholds for quantity and economic
losses as were used in administering that section, except
that the payment rate shall be 42 percent of the established
price, instead of 65 percent.
(2) Loss thresholds for quality losses.--In the case of a
payment for quality loss for a crop under subsection (a), the
loss thresholds for quality loss for the crop shall be
determined under subsection (d).
(d) Quality Losses.--
(1) In general.--Subject to paragraph (3), the amount of a
payment made to producers on a farm for a quality loss for a
crop under subsection (a) shall be equal to the amount
obtained by multiplying--
(A) 65 percent of the payment quantity determined under
paragraph (2); by
(B) 42 percent of the payment rate determined under
paragraph (3).
(2) Payment quantity.--For the purpose of paragraph (1)(A),
the payment quantity for quality losses for a crop of a
commodity on a farm shall equal the lesser of--
(A) the actual production of the crop affected by a quality
loss of the commodity on the farm; or
(B) the quantity of expected production of the crop
affected by a quality loss of the commodity on the farm,
using the formula used by the Secretary of Agriculture to
determine quantity losses for the crop of the commodity under
subsection (a).
(3) Payment rate.--For the purpose of paragraph (1)(B) and
in accordance with paragraphs (5) and (6), the payment rate
for quality losses for a crop of a commodity on a farm shall
be equal to the difference between--
(A) the per unit market value that the units of the crop
affected by the quality loss would have had if the crop had
not suffered a quality loss; and
(B) the per unit market value of the units of the crop
affected by the quality loss.
(4) Eligibility.--For producers on a farm to be eligible to
obtain a payment for a quality loss for a crop under
subsection (a), the amount obtained by multiplying the per
unit loss determined under paragraph (1) by the number of
units affected by the quality loss shall be at least 25
percent of the value that all affected production of the crop
would have had if the crop had not suffered a quality loss.
(5) Marketing contracts.--In the case of any production of
a commodity that is sold pursuant to one or more marketing
contracts (regardless of whether the contract is entered into
by the producers on the farm before or after harvest) and for
which appropriate documentation exists, the quantity
designated in the contracts shall be eligible for quality
loss assistance based on the one or more prices specified in
the contracts.
(6) Other production.--For any additional production of a
commodity for which a marketing contract does not exist or
for which production continues to be owned by the producer,
quality losses shall be based on the average local market
discounts for reduced quality, as determined by the
appropriate State committee of the Farm Service Agency.
(7) Quality adjustments and discounts.--The appropriate
State committee of the Farm Service Agency shall identify the
appropriate quality adjustment and discount factors to be
considered in carrying out this subsection, including--
(A) the average local discounts actually applied to a crop;
and
(B) the discount schedules applied to loans made by the
Farm Service Agency or crop insurance coverage under the
Federal Crop Insurance Act (7 U.S.C. 1501 et seq.).
(8) Eligible production.--The Secretary of Agriculture
shall carry out this subsection in a fair and equitable
manner for all eligible production, including the production
of fruits and vegetables, other specialty crops, and field
crops.
(e) Payment Limitations.--
(1) Limit on amount of assistance.--Assistance provided
under this section to a producer for losses to a crop,
together with the amounts specified in paragraph (2)
applicable to the same crop, may not exceed 95 percent of
what the value of the crop would have been in the absence of
the losses, as estimated by the Secretary of Agriculture.
(2) Other payments.--In applying the limitation in
paragraph (1), the Secretary shall include the following:
(A) Any crop insurance payment made under the Federal Crop
Insurance Act (7 U.S.C. 1501 et seq.) or payment under
section 196 of the Federal Agriculture Improvement and Reform
Act of 1996 (7 U.S.C. 7333) that the producer receives for
losses to the same crop.
(B) The value of the crop that was not lost (if any), as
estimated by the Secretary.
(f) Eligibility Requirements and Limitations.--The
producers on a farm shall not be eligible for assistance
under this section with respect to losses to an insurable
commodity or noninsurable commodity if the producers on the
farm--
(1) in the case of an insurable commodity, did not obtain a
policy or plan of insurance for the insurable commodity under
the Federal Crop Insurance Act (7 U.S.C. 1501 et seq.) for
the crop incurring the losses;
(2) in the case of a noninsurable commodity, did not file
the required paperwork, and pay the administrative fee by the
applicable State filing deadline, for the noninsurable
commodity under section 196 of the Federal Agriculture
Improvement and Reform Act of 1996 (7 U.S.C. 7333) for the
crop incurring the losses; or
(3) were not in compliance with highly erodible land
conservation and wetland conservation provisions.
(g) Timing.--
(1) In general.--Subject to paragraph (2), the Secretary of
Agriculture shall make payments to producers on a farm for a
crop under this section not later than 60 days after the date
the producers on the farm submit to the Secretary a completed
application for the payments.
(2) Interest.--If the Secretary does not make payments to
the producers on a farm by the date described in paragraph
(1), the Secretary shall pay to the producers on a farm
interest on the payments at a rate equal to the current (as
of the sign-up deadline established by the Secretary) market
yield on outstanding, marketable obligations of the United
States with maturities of 30 years.
(h) Definitions.--In this section:
(1) Insurable commodity.--The term ``insurable commodity''
means an agricultural commodity (excluding livestock) for
which the producers on a farm are eligible to obtain a policy
or plan of insurance under the Federal Crop Insurance Act (7
U.S.C. 1501 et seq.).
(2) Noninsurable commodity.--The term ``noninsurable
commodity'' means a crop for which the producers on a farm
are eligible to obtain assistance under section 196 of the
Federal Agriculture Improvement and Reform Act of 1996 (7
U.S.C. 7333).
SEC. 9002. LIVESTOCK ASSISTANCE.
(a) Livestock Compensation Program.--
(1) Availability of assistance.--There are hereby
appropriated to the Secretary of Agriculture such sums as are
necessary, to remain available until expended, to carry out
the livestock compensation program established under subpart
B of part 1416 of title 7, Code of Federal Regulations, as
announced by the Secretary on February 12, 2007 (72 Fed. Reg.
6443), to provide compensation for livestock losses between
January 1, 2005 and February 28, 2007, due to a disaster, as
determined by the Secretary (including losses due to
blizzards that started in 2006 and continued into January
2007). However, the payment rate for compensation under this
subsection shall be 61 percent of the payment rate otherwise
applicable under such program. In addition, section
1416.102(b)(2)(ii) of title 7, Code of Federal Regulations
(72 Fed. Reg. 6444) shall not apply.
(2) Eligible applicants.--In carrying out the program
described in paragraph (1), the Secretary shall provide
assistance to any applicant that--
(A) conducts a livestock operation that is located in a
disaster county with eligible livestock specified in
paragraph (1) of section 1416.102(a) of title 7, Code of
Federal Regulations (72 Fed. Reg. 6444), an animal described
in section 10806(a)(1) of the Farm Security and Rural
Investment Act of 2002 (21 U.S.C. 321d(a)(1)), or other
animals designated by the Secretary as livestock for purposes
of this subsection; and
(B) meets the requirements of paragraphs (3) and (4) of
section 1416.102(a) of title 7, Code of Federal Regulations,
and all other eligibility requirements established by the
Secretary for the program.
(3) Election of losses.--
(A) If a producer incurred eligible livestock losses in
more than one of the 2005, 2006, or 2007 calendar years, the
producer shall elect to receive payments under this
subsection for losses incurred in only one of such calendar
years, and such losses must have been incurred in a county
declared or designated as a disaster county in that same
calendar year.
(B) Producers may elect to receive compensation for losses
in the calendar year 2007 grazing season that are
attributable to wildfires occurring during the applicable
period, as determined by the Secretary.
(4) Mitigation.--In determining the eligibility for or
amount of payments for which a producer is eligible under the
livestock compensation program, the Secretary shall not
penalize a producer that takes actions (recognizing disaster
conditions) that reduce the average number of livestock the
producer owned for grazing during the production year for
which assistance is being provided.
(5) Definitions.--In this subsection:
(A) Disaster county.--The term ``disaster county'' means--
(i) a county included in the geographic area covered by a
natural disaster declaration; and
(ii) each county contiguous to a county described in clause
(i).
(B) Natural disaster declaration.--The term ``natural
disaster declaration'' means--
(i) a natural disaster declared by the Secretary between
January 1, 2005 and February 28, 2007, under section 321(a)
of the Consolidated Farm and Rural Development Act (7 U.S.C.
1961(a));
(ii) a major disaster or emergency designated by the
President between January 1, 2005 and February 28, 2007,
under the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5121 et seq.); or
(iii) a determination of a Farm Service Agency
Administrator's Physical Loss Notice if such notice applies
to a county included under (ii).
(b) Livestock Indemnity Payments.--
(1) Availability of assistance.--There are hereby
appropriated to the Secretary of Agriculture such sums as are
necessary, to remain available until expended, to make
livestock indemnity payments to producers on farms that have
incurred livestock losses between January 1, 2005 and
February 28, 2007, due to a disaster, as determined by the
Secretary (including losses due to blizzards that started in
2006 and continued into January 2007) in a disaster county.
To be eligible for assistance, applicants must meet all
eligibility requirements established by the Secretary for the
program.
[[Page S6821]]
(2) Election of losses.--If a producer incurred eligible
livestock losses in more than one of the 2005, 2006, or 2007
calendar years, the producer shall elect to receive payments
under this subsection for losses incurred in only one of such
calendar years. The producer may not receive payments under
this subsection for more than one calendar year.
(3) Payment rates.--Indemnity payments to a producer on a
farm under paragraph (1) shall be made at a rate of not less
than 26 percent of the market value of the applicable
livestock on the day before the date of death of the
livestock, as determined by the Secretary.
(4) Livestock defined.--In this subsection, the term
``livestock'' means an animal that--
(A) is specified in clause (i) of section 1416.203(a)(2) of
title 7, Code of Federal Regulations (72 Fed. Reg. 6445), or
is designated by the Secretary as livestock for purposes of
this subsection; and
(B) meets the requirements of clauses (iii) and (iv) of
such section.
(5) Definitions.--In this subsection:
(A) Disaster county.--The term ``disaster county'' means--
(i) a county included in the geographic area covered by a
natural disaster declaration; and
(ii) each county contiguous to a county described in clause
(i).
(B) Natural disaster declaration.--The term ``natural
disaster declaration'' means--
(i) a natural disaster declared by the Secretary between
January 1, 2005 and February 28, 2007, under section 321(a)
of the Consolidated Farm and Rural Development Act (7 U.S.C.
1961(a));
(ii) a major disaster or emergency designated by the
President between January 1, 2005 and February 28, 2007,
under the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5121 et seq.); or
(iii) a determination of a Farm Service Agency
Administrator's Physical Loss Notice if such notice applies
to a county included under (ii).
SEC. 9003. EMERGENCY CONSERVATION PROGRAM.
There is hereby appropriated to the Secretary of
Agriculture $16,000,000, to remain available until expended,
to provide assistance under the Emergency Conservation
Program under title IV of the Agriculture Credit Act of 1978
(16 U.S.C. 2201 et seq.) for the cleanup and restoration of
farm and agricultural production lands.
SEC. 9004. PAYMENT LIMITATIONS.
(a) Reduction in Payments to Reflect Payments for Same or
Similar Losses.--The amount of any payment for which a
producer is eligible under sections 9001 and 9002 shall be
reduced by any amount received by the producer for the same
loss or any similar loss under--
(1) the Department of Defense, Emergency Supplemental
Appropriations to Address Hurricanes in the Gulf of Mexico,
and Pandemic Influenza Act, 2006 (Public Law 109-148; 119
Stat. 2680);
(2) an agricultural disaster assistance provision contained
in the announcement of the Secretary on January 26, 2006 or
August 29, 2006; or
(3) the Emergency Supplemental Appropriations Act for
Defense, the Global War on Terror, and Hurricane Recovery,
2006 (Public Law 109-234; 120 Stat. 418).
(b) Adjusted Gross Income Limitation.--Section 1001D of the
Food Security Act of 1985 (7 U.S.C. 1308-3a) shall apply with
respect to assistance provided under sections 9001, 9002, and
9003.
SEC. 9005. ADMINISTRATION.
(a) Regulations.--The Secretary of Agriculture may
promulgate such regulations as are necessary to implement
sections 9001 and 9002.
(b) Procedure.--The promulgation of the implementing
regulations and the administration of sections 9001 and 9002
shall be made without regard to--
(1) the notice and comment provisions of section 553 of
title 5, United States Code;
(2) the Statement of Policy of the Secretary of Agriculture
effective July 24, 1971 (36 Fed. Reg. 13804), relating to
notices of proposed rulemaking and public participation in
rulemaking; and
(3) chapter 35 of title 44, United States Code (commonly
known as the ``Paperwork Reduction Act'').
(c) Congressional Review of Agency Rulemaking.--In carrying
out this section, the Secretary of Agriculture shall use the
authority provided under section 808 of title 5, United
States Code.
(d) Use of Commodity Credit Corporation; Limitation.--In
implementing sections 9001 and 9002, the Secretary of
Agriculture may use the facilities, services, and authorities
of the Commodity Credit Corporation. The Corporation shall
not make any expenditures to carry out sections 9001 and 9002
unless funds have been specifically appropriated for such
purpose.
SEC. 9006. MILK INCOME LOSS CONTRACT PROGRAM.
(a) Section 1502(c)(3) of the Farm Security and Rural
Investment Act of 2002 (7 U.S.C. 7982(c)(3)) is amended--
(1) in subparagraph (A), by adding ``and'' at the end;
(2) in subparagraph (B), by striking ``August'' and all
that follows through the end and inserting ``September 30,
2007, 34 percent.''; and
(3) by striking subparagraph (C).
(b) Section 10002 of this Act shall not apply to this
section except with respect to fiscal years 2007 and 2008.
SEC. 9007. DAIRY ASSISTANCE.
There is hereby appropriated $16,000,000 to make payments
to dairy producers for dairy production losses in disaster
counties, as defined in section 9002 of this title, to remain
available until expended.
SEC. 9008. NONINSURED CROP ASSISTANCE PROGRAM.
For states in which there is a shortage of claims
adjustors, as determined by the Secretary, the Secretary
shall permit the use of one claims adjustor certified by the
Secretary in carrying out 7 CFR 1437.401.
SEC. 9009. EMERGENCY GRANTS TO ASSIST LOW-INCOME MIGRANT AND
SEASONAL FARMWORKERS.
There is hereby appropriated $16,000,000 to carry out
section 2281 of the Food, Agriculture, Conservation and Trade
Act of 1990 (42 U.S.C. 5177a), to remain available until
expended.
SEC. 9010. CONSERVATION SECURITY PROGRAM.
Section 20115 of Public Law 110-5 is amended by striking
``section 726'' and inserting in lieu thereof ``section 726;
section 741''.
SEC. 9011. ADMINISTRATIVE EXPENSES.
There is hereby appropriated $22,000,000 for the ``Farm
Service Agency, Salaries and Expenses'', to remain available
until September 30, 2008.
SEC. 9012. CONTRACT WAIVER.
In carrying out crop disaster and livestock assistance in
this title, the Secretary shall require forage producers to
have participated in a crop insurance pilot program or the
Non-Insured Crop Disaster Assistance Program during the crop
year for which compensation is received.
TITLE X--GENERAL PROVISIONS
Sec. 10001. No part of any appropriation contained in this
Act shall remain available for obligation beyond the current
fiscal year unless expressly so provided herein.
Sec. 10002. Amounts in this Act (other than in titles VI
and VIII) are designated as emergency requirements and
necessary to meet emergency needs pursuant to subsections (a)
and (b) of section 204 of S. Con. Res. 21 (110th Congress),
the concurrent resolution on the budget for fiscal year 2008.
Mr. REID. Mr. President, I move to concur in the House amendment.
Mr. President, more than 4 years ago, the Bush administration took
this Nation to war in Iraq--took this Nation to war in Iraq without
sufficient troops, without a plan to win the peace, and without truth
regarding Saddam Hussein's nonexistent weapons of mass destruction or
his nonexistent links to al-Qaida.
Nearly 51 months later--6 months longer than it took this Nation to
defeat Germany and Japan in World War II--the violence in Iraq
continues and the cost to our military and our Nation has been
frightening. More than 3,400 American troops have made the ultimate
sacrifice--death. Nine were killed yesterday and two more today in this
escalating violence across Iraq in which we are losing our brave men
and women. Guard and Reserve units all across America lack equipment to
do their jobs at home and in Iraq. U.S. citizens have provided nearly
half a trillion dollars to cover the cost of this intractable civil
war. And because of this war, our Nation has been totally distracted in
its effort to defeat those who attacked us on 9/11. Indeed, more than 5
years after 9/11, Osama bin Laden is still free, and al-Qaida remains
an important force.
Throughout all this, our military has performed heroically. Our
troops have done everything asked of them and even more. Our troops
toppled a dictator and gave the Iraqis a chance to establish a new
government and a new way of life. Unfortunately, the Bush
administration did not provide them a strategy to match that sacrifice.
Iraq is now in a state of civil war, with no end in sight, and our
valiant troops are caught in the middle.
Instead of accepting this reality, President Bush has stubbornly
refused to change course. Instead of listening to his military
commanders who say there is no military solution in Iraq, he has
plunged our forces further into sectarian fighting. Instead of
accepting a bipartisan path in Iraq offered by Congress and even the
Iraq Study Group, this President stubbornly clings to his failed ``my
way or the highway'' approach to governing America.
MG John Batiste, who commanded the First Infantry Division in Iraq,
says this about the President's failed Iraq policy:
Here is the bottom line: Americans must come to grips with
the fact that our military alone cannot establish a
democracy. We cannot sustain the current operational tempo
without seriously damaging the Army and Marine Corps. Our
troops have been asked to carry the burden of an ill-
conceived mission.
Earlier this year, former U.S. Secretary of State Henry Kissinger
said: The problems in Iraq are more complex than Vietnam, and military
victory is no longer possible. Henry Kissinger said--and I repeat--the
problems in Iraq are more complex than Vietnam, and military victory is
no longer possible.
GEN George Casey, former Commander of U.S. Forces in Iraq, and
currently Chief of Staff of the Army, said:
It has always been my view that a heavy and sustained
military presence was not going to solve the problem in Iraq.
[[Page S6822]]
That was General Casey. Six months ago, the Iraq Study Group said the
situation in Iraq was grave and deteriorating. The civil war in Iraq
has only gotten more pronounced since then. Unfortunately, the
President's escalation strategy has not produced the positive results
we seek. Attacks on U.S. forces have increased, not decreased. Since
the onset of this latest surge, more than three U.S. soldiers have been
killed every day. Nearly 90 soldiers have been killed this month so
far, and almost 400 since the escalation plan began. Sectarian killings
have increased to presurge levels.
According to today's Washington Post newspaper, over 300 unidentified
corpses, most dumped in streets and alleys and water sewer systems,
showing signs of torture and execution, were found all across the
capital of Iraq in the month of May. And the month of May is not over.
Four million Iraqis, including 1.6 million children, have fled their
homes because of the violence, setting the stage for a massive
humanitarian crisis.
Our military has been pushed to the breaking point. To make up for
the shortages of combat-ready forces, tours of duty have now been
extended from 12 to 15 months, with many soldiers now in their third
and fourth tours.
Mr. President, I spoke just last week to one Nevada family whose son
was killed in action last week. We all remember there were three
hostages, prisoners of war. I called the father, and he said: I pray
that my boy is one of the three. There were four that were
unidentified. Well, his prayers were not answered. His son was the one
incinerated in the humvee, and they had to wait until they took DNA to
find out it was his son.
This soldier had survived four vehicle explosions during his four
tours of duty. That is too much to ask of any soldier or his family.
Perhaps, not surprisingly after all, this soldier expressed
reservations about the war in Iraq, is what he told his best friend
before he left for the fourth time. His grandfather said:
It is a waste of young lives. We should not be in the
middle of a civil war.
Meanwhile, our capacity to respond to other challenges around the
world has been greatly constrained. Terror attacks across the world are
up, not down. U.S. influence and standing is down, not up. By focusing
on Iraq and doing little or nothing in the rest of the Middle East,
this critical region has been destabilized even further and stands even
closer to a broader regional war.
The American people saw all this unfolding last November and they
reached a conclusion that enough was enough. That is why they sent this
President and Congress a clear and unmistakable challenge and a direct
message: Find a responsible end to this war.
That is what congressional Democrats have done. From the very first
day of this democratically controlled Congress, we have made it clear
to the President that the days of blank checks and green lights for his
failed policy are over. After 6 years of rubberstamping President
Bush's failed policy, Congress has reasserted its rightful position in
our constitutional form of Government.
Democrats have held more hearings on Iraq in 4 months than the
Republican-controlled Congress held in 4 years. We have repeatedly
forced our Republican colleagues in the Senate and in the House to
debate and vote on where people stand with respect to the President's
failed Iraq policy. With each step we have taken, the pressure on the
President and his Republican allies to change course has grown.
The most important step we have taken occurred last month. In the
face of heavy White House pressure and more misleading statements by
administration officials, Congress was able to pass a bill that did
what the American people asked us to do: No. 1, fully fund our troops
and, No. 2, immediately change the direction of the war in Iraq.
In addition, the bill provides much needed funds to procure
additional equipment for our Guard and Reserve and to provide health
care services for active-duty troops and America's heroic veterans.
As the Senate Democratic leader, I am very proud of Senate Democrats.
In less than 4 months of Democratic control, with virtual Democratic
unanimity, Congress sent the President binding language that would
truly compel him to do what the American people desire. Unfortunately,
though, the President vetoed that important legislation, leaving him
further isolated from the American people, military experts, and an
increasing number of his own political party.
In the days since that veto, we have had negotiations with the
administration about how to proceed. The President made it very clear
as late as last night that he intended to veto any effort to implement
timelines, transition the mission, or ensure the readiness of our
troops before they are deployed. Furthermore, here in the Senate our
minority colleagues made it clear they are determined to place
procedural hurdles, most notably requiring 60 votes rather than a
simple majority, in front of those who seek to significantly alter the
President's Iraq policy. Democratic unanimity with a handful of
Republicans will not be sufficient to do what we believe must be done.
Until more Republicans develop the courage to step forward and insist
that the President change course in Iraq, Republican intransigence has
left us with no good options.
How to vote on this bill before us is a very difficult and personal
decision for each Member of this Senate. There are many thoughtful
members of my caucus who believe we should vote no, and continue to
vote no until the President and his supporters come to their senses.
There are equally thoughtful members who believe we must vote yes
because this bill does take a step forward in holding the President and
the Iraqis accountable and it does increase pressure on this
administration and its supporters to change direction in Iraq.
Although this is a very close call for me, as I suspect it is for
many Senators, I have decided to support this measure. But let me say,
I know those who oppose this bill care as deeply about the safety of
our troops as I do. They know I care as deeply about changing the
course in Iraq as they do.
This bill before us clearly does not go as far as a bipartisan
majority of Congress would like. But it goes a lot further than the
President and his supporters were willing to go earlier this month.
That is why we saw this headline in a recent edition of the Los Angeles
Times. Here is what it said: ``Senate Tilting On Iraq Policies;
Republicans Show Their Strongest Willingness Yet To Rein In Bush.''
Here is what the bill requires of the administration and Iraqis, the
one before us tonight: It establishes 18 benchmarks on which to measure
the Iraqi Government's performance; restricts the use of foreign aid to
the Iraqi Government should they fail to make meaningful progress;
requires the President to certify that the Iraqi Government deserves
these funds even if they fail to perform as promised; requires the
administration to testify before Congress and an independent assessment
by the Government Accountability Office on the performance of the Iraqi
Government; requires the President submit a report on the combat
proficiency of Iraqi security forces; requires the President to
redeploy our troops if the Iraqi Government concludes our presence is
no longer desired; restricts use of Defense Department funding until
Congress receives information about contractors in Iraq; and states
official U.S. policy precludes permanent military bases in Iraq, no
torture of detainees, and no designs on Iraqi oil.
When the President signs the bill, that will be the law. Some of this
language is taken from an amendment offered by Senator John Warner last
week. Senator Warner offered his amendment as an alternative to the
Feingold-Reid amendment that would have immediately transitioned the
mission in Iraq and required a phased redeployment by April 2008.
Naturally I said the Feingold-Reid language was far superior to the
Warner language. However, today we don't have the option of choosing
between Feingold-Reid and Warner. I wish we did. Although the Warner
language is weak by comparison to Feingold-Reid, and I so stated on the
Senate floor last week, I believe we can begin holding the
administration accountable if we adopt the Warner language plus the
other Iraq-related provisions contained in this bill, which I have
outlined.
[[Page S6823]]
I know none of these measures comes close to the timelines and
accountability provisions I supported in the vetoed bill. However, I
also know these provisions will force the administration to do more
than they have ever done before. I also know the stakes are too high
and our obligation to the troops and the country is too great for us to
stop working to force the President and his supporters to change
course. The burden for securing and governing Iraq must now rest with
the Iraqi people.
As General Abizaid said:
It is easy for Iraqis to reply upon us to do this work. I
believe that more American forces prevent the Iraqis from
doing more, from taking more responsibility for their own
future.
GEN Doug Lute, recently nominated by President Bush to be his war
czar, said:
We believe at some point, in order to break this dependence
on the coalition, you simply have to back off and let the
Iraqis step forward.
As long as I am Democratic leader and this President persists in
pursuing the worst foreign policy blunder in this Nation's history, the
American people should know I am determined to fight for change in
Iraq. The Senate Armed Services Committee reported the fiscal year 2008
Defense authorization bill earlier today. We will move to it in our
next work period, which starts in about 10 days. This battle for
responsible and effective Iraq policy will be joined in the Senate no
later than when we take up that bill. Senate Democrats will not stop
our efforts to change our course in this war until either enough
Republicans join us to reject President Bush's failed policy or we get
a new President.
In 1941, in an address at Harrow School, Winston Churchill said:
Never give in. Never give in. Never, never, never. . . .
My colleagues here in the Senate, particularly my Republican
colleagues, should know this is precisely my attitude when it comes to
bringing about a change in course in the intractable civil war in Iraq.
Although I didn't get everything I sought in the bill before us, and
that is an understatement, I will not give up until the supporters of
the President's failed policy accept the realities on the ground in
Iraq, until they accept that the President's plan is not working, that
this war must come to an end, and that it is time for our troops to
come home in a safe and responsible way.
Paraphrasing the words of Winston Churchill, when it comes to forcing
the President to change course in Iraq, Senate Democrats will never
give in, never give in, never, never, never.
I ask for the yeas and nays.
Mr. WARNER. I ask for the yeas and nays.
The PRESIDING OFFICER. Is there a sufficient second?
There is a sufficient second.
The question is on agreeing to the motion.
The clerk will call the roll.
The legislative clerk called the roll.
Mr. DURBIN. I announce that the Senator from South Dakota (Mr.
Johnson) and the Senator from New York (Mr. Schumer) are necessarily
absent.
Mr. LOTT. The following Senators are necessarily absent: the Senator
from Kansas (Mr. Brownback), the Senator from Minnesota (Mr. Coleman),
the Senator from Utah (Mr. Hatch), and the Senator from Wyoming (Mr.
Thomas).
Further, if present and voting, the Senator from Utah (Mr. Hatch) and
the Senator from Minnesota (Mr. Coleman) would have voted ``yea.''
The PRESIDING OFFICER. Are there any other Senators in the Chamber
desiring to vote?
The result was announced--yeas 80, nays 14, as follows:
The result was announced--yeas 80, nays 14, as follows:
[Rollcall Vote No. 181 Leg.]
YEAS--80
Akaka
Alexander
Allard
Baucus
Bayh
Bennett
Biden
Bingaman
Bond
Brown
Bunning
Byrd
Cantwell
Cardin
Carper
Casey
Chambliss
Cochran
Collins
Conrad
Corker
Cornyn
Craig
Crapo
DeMint
Dole
Domenici
Dorgan
Durbin
Ensign
Feinstein
Graham
Grassley
Gregg
Hagel
Harkin
Hutchison
Inhofe
Inouye
Isakson
Klobuchar
Kohl
Kyl
Landrieu
Lautenberg
Levin
Lieberman
Lincoln
Lott
Lugar
Martinez
McCain
McCaskill
McConnell
Menendez
Mikulski
Murkowski
Murray
Nelson (FL)
Nelson (NE)
Pryor
Reed
Reid
Roberts
Rockefeller
Salazar
Sessions
Shelby
Smith
Snowe
Specter
Stabenow
Stevens
Sununu
Tester
Thune
Vitter
Voinovich
Warner
Webb
NAYS--14
Boxer
Burr
Clinton
Coburn
Dodd
Enzi
Feingold
Kennedy
Kerry
Leahy
Obama
Sanders
Whitehouse
Wyden
NOT VOTING--6
Brownback
Coleman
Hatch
Johnson
Schumer
Thomas
The motion was agreed to.
Mr. DURBIN. I move to reconsider the vote and to lay that motion on
the table.
The motion to lay on the table was agreed to.
vote explanation
Mr. SCHUMER. Mr. President, I am entering this statement in the
Record because I am attending my daughter's graduation baccalaureate
service in New York. Had I been here I would have voted in favor of the
supplemental appropriations bill because I believe we must fund the
troops who are in harm's way. However, I believe just as strongly that
we must change our mission in Iraq away from policing a civil war and
toward a much more narrowly focused goal of counterterrorism, which
requires a much smaller number of troops. That is what the Feingold-
Reid amendment stood for and that is why I voted for it on May 16,
2007. Unfortunately, it did not have enough votes to pass. Our effort
to force the President to change the mission in Iraq will continue
almost immediately with the DOD authorization bill and will not end
until we succeed.
____________________