[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2206 Engrossed Amendment House (EAH)]
In the House of Representatives, U. S.,
May 24, 2007.
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.
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, 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
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.
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 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.--
(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 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 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''.
``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 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 (``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 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.
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 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).
(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 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)''.
(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.
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
(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. Fsubpart 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
subpart c--subchapter s provisions005.
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
(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.
``(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.''.
(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
``tax 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 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.
(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.--
(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.
(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.
Attest:
Clerk.
110th CONGRESS
1st Session
H.R. 2206
_______________________________________________________________________
HOUSE AMENDMENT TO SENATE AMENDMENT