[Congressional Record Volume 152, Number 128 (Tuesday, November 14, 2006)]
[Senate]
[Pages S10929-S10934]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 5137. Mr. OBAMA (for himself, Mrs. Mikulski, Mr. Salazar, Mr. 
Akaka Mr. Leahy, Mr. Rockefeller, Mrs. Boxer, and Ms. Landrieu) 
submitted an amendment intended to be proposed by him to the bill H.R. 
5385, making appropriations for Military Construction and Veterans 
Affairs, and Releated Agencies for the fiscal year ending September 30, 
2007, and for other purposes; which was ordered to lie on the table; as 
follows:

         At the appropriate place, insert the following:
         Sec. ___. (a) Eligibility for Medical Care and Services 
     for Veterans of Future Conflicts for Mental Health Conditions 
     for Which Evidence Is Insufficient to Establish a Service-
     Connection.--Paragraph (1) of section 1710(e) of title 38, 
     United States Code, is amended by adding at the end the 
     following new subparagraph:
         ``(F) Subject to paragraphs (2) and (3), a veteran who 
     served on active duty as described in subparagraph (D) during 
     a period of war specified in that subparagraph, or after the 
     date specified in that subparagraph, is also eligible for--
         ``(i) a mental health evaluation to be provided by the 
     Secretary not later than 30 days after the date of the 
     request of the veteran for such evaluation; and
         ``(ii) hospital care, medical services, nursing home 
     care, and family and marital counseling for any mental health 
     condition identified pursuant to such evaluation, 
     notwithstanding that there is insufficient medical evidence 
     to conclude that such condition is attributable to such 
     service.''.
         (b) Limitations.--
         (1) Causation.--Paragraph (2)(B) of such section is 
     amended by striking ``or (E)'' and inserting ``(E), or (F)''.
         (2) Duration after service.--Paragraph (3) of such 
     section is amended--
         (A) in subparagraph (C), by striking ``and'' at the end;
         (B) in subparagraph (D), by striking the period at the 
     end and inserting ``; and''; and
         (C) by adding at the end the following new subparagraph:
         ``(E) in the case of a veteran described in paragraph 
     (1)(F)--
         ``(i) with respect to the evaluation described in clause 
     (i) of that paragraph, after a period of 5 years beginning on 
     the date of the veteran's discharge or release from active 
     military, naval, or air service; and
         ``(ii) with respect to the care, services, and counseling 
     described in clause (ii) of that paragraph, after a period of 
     2 years beginning on the date of the commencement of the 
     provision of such care, services, and counseling to the 
     veteran.''.

                                 ______
                                 
  SA 5138. Mr. OBAMA (for himself, Ms. Mikulski, and Ms. Landrieu) 
submitted an amendment intended to be proposed by him to the bill H.R. 
5385, making appropriations for Military Construction and Veterans 
Affairs, and Related Agencies for the fiscal year ending September 30, 
2007, and for other purposes; as follows:

         At the appropriate place in title II, insert the 
     following:
         Sec. __. (a) Study on Costs of Comprehensive Service 
     Programs for Homeless Veterans.--The Secretary of Veterans 
     Affairs shall carry out a study of costs associated with the 
     Comprehensive Service Programs authorized by sections 2011 
     and 2012 of title 38 United States Code.
         (b) Report.--Not later than 120 days after the date of 
     the enactment of this Act, the Secretary shall submit to the 
     Committees on Veterans' Affairs and Appropriations of the 
     Senate and the Committees on Veterans' Affairs and 
     Appropriations of the House of Representatives a report on 
     the study required by subsection (a). The report shall set 
     forth the following:
         (1) The number of authorized and operational transitional 
     housing beds and service centers under the programs referred 
     to in subsection (a) in fiscal year 2006, and the number of 
     such beds and centers in each State and in each Congressional 
     District during such fiscal year.
         (2) The cost in fiscal year 2006 of grants under section 
     2011 of title 38, United States Code, to authorized and 
     operational transitional housing beds and service centers 
     under the programs referred to in that subsection.
         (3) The cost in fiscal year 2006 of per diem payments 
     under section 2012 of title 38 United States Code, to 
     authorized and operational transitional housing beds and 
     service centers under the programs referred to in that 
     subsection.
         (4) An estimate of the costs in each of fiscal years 
     2007, 2012, and 2017 associated with an increase in the 
     number of operational transitional housing beds under the 
     programs referred to in that subsection to each of 10,000, 
     20,000, and 30,000 beds, and a description of the methodology 
     used for making such estimates.
         (5) The number of applications received, scored as 
     qualified, and awarded pursuant to the Capital Grant Notice 
     of Funds Availability published on April 20, 2006.
         (6) The range of per diem payment rates, the average per 
     diem payment rate, and the median per diem payment rate paid 
     to recipients of grants under section 2012 of title 38, 
     United States Code, in fiscal year 2006.
         (7) The number and percentage of total recipients of 
     grants under section 2011 of title 38 United States Code, in 
     fiscal year 2006 being paid under section 2012 of title 38, 
     United States Code, the rate authorized for State homes for 
     domiciliary care under section 1741(a)(1)(A) of that title 
     for fiscal year 2006.

                                 ______
                                 
  SA 5139. Mr. OBAMA (for himself, Mrs. Mikulski, Ms. Landrieu,) 
submitted an amendment intended to be proposed by him to the bill H.R. 
5385, making appropriations for Military Construction and Veterans 
Affairs, and Related Agencies for the fiscal year ending September 30, 
2007, and for other purposes; which was ordered to lie on the table; as 
follows:

         On page 106, between lines 12 and 13, insert the 
     following new section:
         Sec. 229. Effective as of October 1, 2006, the authority 
     provided by section 2064 of title 38, United States Code, 
     shall continue in effect until September 30, 2007.

                                 ______
                                 
  SA 5140. Mr. FEINGOLD submitted an amendment intended to be proposed 
by him to the bill H.R. 5385, making appropriations for Military 
Construction and Veterans Affairs, and Related Agencies for the fiscal 
year ending September 30, 2007, and for other purposes; which was 
ordered to lie on the table; as follows:

         At the appropriate place in title II, add the following:
         Sec. __. (a) Termination Under Servicemembers Civil 
     Relief Act of Contracts for Cellular Phone Services.--
         (1) Inclusion of contracts under termination authority.--
     Subsection (b) of section 305 of the Servicemembers Civil 
     Relief Act (50 U.S.C. App. 535) is amended by adding at the 
     end the following new paragraph:
         ``(3) Contracts for cellular phone service.--
         ``(A) In general.--Subject to subparagraphs (B) and (C), 
     a contract for a cellular phone used, or intended to be used, 
     by a servicemember or a servicemember's dependent for a 
     personal or business purpose if--
         ``(i) the contract is executed by or on behalf of a 
     person who thereafter and during the term of the contract 
     enters into military service under call or order specifying a 
     period of not less than 90 days (or who enters military 
     service under a call or order specifying a period of 90 days 
     or less and who, without a break in service, receives orders 
     extending the period of military service to a period not less 
     than 90 days);
         ``(ii) the servicemember, while in military service, 
     executes the contract and thereafter receives military orders 
     for a permanent change of station outside of the continental 
     United States or to deploy with a military unit for a period 
     of not less than 90 days; or
         ``(iii) the servicemember, while in military service, 
     executes the contract and thereafter receives military orders 
     for a permanent change of station to a location within the 
     continental United States where the contract cannot be 
     transferred at the same rate, terms, and quality of service.
         ``(B) Applicability to dependents.--Subparagraph (A) 
     shall apply with respect to a contract, or portion of a 
     contract, for a cellular phone used, or intended to be used, 
     by a servicemember's dependent only if the dependent--
         ``(i) relocates in accompanying the servicemember in the 
     performance of the military service, or in a permanent change 
     of station or deployment, described in that subparagraph; or
         ``(ii) otherwise relocates as a consequence of such 
     military service or change of station or deployment.
         ``(C) Applicability to group plans.--If a servicemember 
     or a dependent to whom this paragraph applies is not the 
     primary account holder under a contract described in 
     subparagraph (A), that subparagraph shall apply only to the 
     extent of the obligations of the servicemember or dependent, 
     as the case may be, in the contract.''.
         (2) Manner of termination.--Subsection (c)(1) of such 
     section is amended--
         (A) in subparagraph (A), by striking ``and'' at the end;
         (B) in subparagraph (B), by striking the period at the 
     end and inserting ``; and''; and

[[Page S10930]]

         (C) by adding at the end the following new subparagraph:
         ``(C) in the case of a contract for a cellular phone, by 
     delivery by the contractee of written notice of such 
     termination, and a copy of the servicemember's military 
     orders, to the contractor or to the contractor's agent.''.
         (3) Effective date of termination.--Subsection (d) of 
     such section is amended by adding at the end the following 
     new paragraph:
         ``(3) Contract for cellular phone service.--In the case 
     of a contract for a cellular phone described in subsection 
     (b)(3), termination of the contract under subsection (a) is 
     effective on the day on which the requirements of subsection 
     (c) are met for such termination.''.
         (4) Arrearages.--Subsection (e) of such section is 
     amended--
         (A) by striking ``(e) Arrearages and Other Obligations 
     and Liabilities.--Rents or lease amounts'' and inserting the 
     following:
         ``(e) Arrearages and Other Obligations and Liabilities.--
         ``(1) In general.--Rents or lease amounts'';
         (B) by designating the second sentence as paragraph (2), 
     indenting such paragraph 4 ems from the left margin, and 
     inserting before ``In the case of the lease'' the following:
         ``(2) Lease charges for motor vehicles.--''; and
         (C) by adding at the end the following new paragraphs:
         ``(3) Termination charges for cellular phone contracts.--
     In the case of a contract for a cellular phone, the 
     contractor may not impose an early termination charge, but 
     may request the return of equipment provided to the 
     contractee as part of the contract which would normally 
     remain the property of the contractee at the end of the 
     contract term if the contractee is given the option of paying 
     a pro-rated amount to retain such equipment based on the 
     original retail price of such equipment, the amount 
     previously paid for such equipment by the contractee, and the 
     time remaining on the contract.
         ``(4) Reactivation fees.--In the event a contractor and 
     contractee jointly agree to treat the termination of a 
     contract for a cellular phone under this section as a 
     suspension of such contract, the contractor may not impose 
     any fee for reactivation of service under such contract at 
     the completion of suspension of such contract.''.
         (b) Conforming Amendment.--Subsection (a)(1)(B) of such 
     section is amended by striking ``or (2)(B)'' and inserting 
     ``, (2)(B), (3)(A)(ii), or (3)(A)(iii)''.
         (c) Clerical Amendments.--
         (1) Heading amendment.--The heading of such section is 
     amended to read as follows:

     ``SEC. 305. TERMINATION OF RESIDENTIAL OR MOTOR VEHICLE 
                   LEASES OR CONTRACTS FOR CELLULAR PHONE 
                   SERVICE.''.

         (2) Table of contents amendment.--The table of contents 
     for such Act is amended by striking the item relating to 
     section 305 and inserting the following new item:
``Sec. 305. Termination of residential or motor vehicle leases or 
              contracts for cellular phone service.''.
                                 ______
                                 
  SA 5141. Mrs. HUTCHISON submitted an amendment intended to be 
proposed by her to the bill H.R. 5385, making appropriations for 
Military Construction and Veterans Affairs, and Related Agencies for 
the fiscal year ending September 30, 2007, and for other purposes; as 
follows:

       At the appropriate place insert the following:
       ``Sec. 126. (a) The amount available for `Military 
     Construction, Air Force' is hereby reduced by $25,400,000 for 
     `Basic Expeditionary Airmen Training Facility, Lackland AFB, 
     Texas'.
       ``(b) The amount available for `Department of Defense Base 
     Closure Account 2005' is hereby increased by $25,400,000.''
                                 ______
                                 
  SA 5142. Mr. KERRY (for himself, Mr. Kennedy, Mr. Akaka, Mrs. Boxer, 
and Mr. Jeffords) submitted an amendment intended to be proposed by him 
to the bill H.R. 5385, making appropriations for Military Construction 
and Veterans Affairs, and Related Agencies for the fiscal year ending 
September 30, 2007, and for other purposes; as follows:

       On page 106, between lines 12 and 13, insert the following:
       Sec. 229. Of the amount appropriated by this title, up to 
     $18,000,000 may be available for necessary expenses, 
     including salaries and expenses, for the provision of 
     additional mental health services through centers for 
     readjustment counseling and related mental health services 
     for veterans under section 1712A of title 38, United States 
     Code (commonly referred to as ``Vet Centers''), to veterans 
     who served in combat in Iraq or Afghanistan.
                                 ______
                                 
  SA 5143. Mr. ALLEN submitted an amendment intended to be proposed by 
him to the bill H.R. 5385, making appropriations for Military 
Construction and Veterans Affairs, and Related Agencies for the fiscal 
year ending September 30, 2007, and for other purposes; as follows:

       On page 110, between lines 22 and 23, insert the following:

                TITLE V--DIGITAL AND WIRELESS TECHNOLOGY

     SEC. 501. SHORT TITLE.

       This title may be cited as the ``Minority Serving 
     Institution Digital and Wireless Technology Opportunity Act 
     of 2006''.

     SEC. 502. ESTABLISHMENT OF PROGRAM.

       Section 5 of the Stevenson-Wydler Technology Innovation Act 
     of 1980 (15 U.S.C. 3704) is amended by inserting the 
     following after subsection (f):
       ``(g) Minority Serving Institution Digital and Wireless 
     Technology Opportunity Program.--
       ``(1) In general.--The Secretary, acting through the Under 
     Secretary, shall establish a Minority Serving Institution 
     Digital and Wireless Technology Opportunity Program to assist 
     eligible institutions in acquiring, and augmenting their use 
     of, digital and wireless networking technologies to improve 
     the quality and delivery of educational services at eligible 
     institutions.
       ``(2) Authorized activities.--An eligible institution may 
     use a grant, cooperative agreement, or contract awarded under 
     this subsection--
       ``(A) to acquire equipment, instrumentation, networking 
     capability, hardware and software, digital network 
     technology, wireless technology, and infrastructure to 
     further the objective of the Program described in paragraph 
     (1);
       ``(B) to develop and provide training, education, and 
     professional development programs, including faculty 
     development, to increase the use of, and usefulness of, 
     digital and wireless networking technology;
       ``(C) to provide teacher education, including the provision 
     of preservice teacher training and in-service professional 
     development at eligible institutions, library and media 
     specialist training, and preschool and teacher aid 
     certification to individuals who seek to acquire or enhance 
     technology skills in order to use digital and wireless 
     networking technology in the classroom or instructional 
     process, including instruction in science, mathematics, 
     engineering, and technology subjects; and
       ``(D) to foster the use of digital and wireless networking 
     technology to improve research and education, including 
     scientific, mathematics, engineering, and technology 
     instruction.
       ``(3) Application and review procedures.--
       ``(A) In general.--To be eligible to receive a grant, 
     cooperative agreement, or contract under this subsection, an 
     eligible institution shall submit an application to the Under 
     Secretary at such time, in such manner, and containing such 
     information as the Under Secretary may require. Such 
     application, at a minimum, shall include a description of how 
     the funds will be used, including a description of any 
     digital and wireless networking technology to be acquired, 
     and a description of how the institution will ensure that 
     digital and wireless networking will be made accessible to, 
     and employed by, students, faculty, and administrators. The 
     Under Secretary, consistent with subparagraph (B), shall 
     establish procedures to review such applications. The Under 
     Secretary shall publish the application requirements and 
     review criteria in the Federal Register, along with a 
     statement describing the availability of funds.
       ``(B) Review panels.--Each application submitted under this 
     subsection by an eligible institution shall be reviewed by a 
     panel of individuals selected by the Under Secretary to judge 
     the quality and merit of the proposal, including the extent 
     to which the eligible institution can effectively and 
     successfully utilize the proposed grant, cooperative 
     agreement, or contract to carry out the program described in 
     paragraph (1). The Under Secretary shall ensure that the 
     review panels include representatives of minority serving 
     institutions and others who are knowledgeable about eligible 
     institutions and digital and wireless networking technology. 
     The Under Secretary shall ensure that no individual assigned 
     under this subsection to review any application has a 
     conflict of interest with regard to that application. The 
     Under Secretary shall take into consideration the 
     recommendations of the review panel in determining whether to 
     award a grant, cooperative agreement, or contract to an 
     eligible institution.
       ``(C) Matching requirement.--The Under Secretary may not 
     award a grant, cooperative agreement, or contract to an 
     eligible institution under this subsection unless such 
     institution agrees that, with respect to the costs incurred 
     by the institution in carrying out the program for which the 
     grant, cooperative agreement, or contract was awarded, such 
     institution shall make available, directly, or through 
     donations from public or private entities, non-Federal 
     contributions in an amount equal to one-quarter of the grant, 
     cooperative agreement, or contract awarded by the Under 
     Secretary, or $500,000, whichever is the lesser amount. The 
     Under Secretary shall waive the matching requirement for any 
     institution or consortium with no endowment, or an endowment 
     that has a current dollar value lower than $50,000,000.
       ``(D) Awards.--
       ``(i) Limitation.--An eligible institution that receives a 
     grant, cooperative agreement, or contract under this 
     subsection that

[[Page S10931]]

     exceeds $2,500,000 shall not be eligible to receive another 
     grant, cooperative agreement, or contract.
       ``(ii) Consortia.--Grants, cooperative agreements, and 
     contracts may only be awarded to eligible institutions. 
     Eligible institutions may seek funding under this subsection 
     for consortia which may include other eligible institutions, 
     a State or a State educational agency, local educational 
     agencies, institutions of higher education, community-based 
     organizations, national nonprofit organizations, or 
     businesses, including minority businesses.
       ``(iii) Planning grants.--The Under Secretary may provide 
     funds to develop strategic plans to implement such grants, 
     cooperative agreements, or contracts.
       ``(iv) Institutional diversity.--In awarding grants, 
     cooperative agreements, and contracts to eligible 
     institutions, the Under Secretary shall ensure, to the extent 
     practicable, that awards are made to all types of 
     institutions eligible for assistance under this subsection.
       ``(v) Need.--In awarding funds under this subsection, the 
     Under Secretary shall give priority to the institution with 
     the greatest demonstrated need for assistance.
       ``(E) Annual report and evaluation.--
       ``(i) Annual report required from recipients.--Each 
     institution that receives a grant, cooperative agreement, or 
     contract awarded under this subsection shall provide an 
     annual report to the Under Secretary on its use of the grant, 
     cooperative agreement, or contract.
       ``(ii) Independent assessment.--Not later than 6 months 
     after the date of enactment of this subsection, the Under 
     Secretary shall enter into a contract with the National 
     Academy of Public Administration to conduct periodic 
     assessments of the program. The Assessments shall be 
     conducted once every 3 years during the 10-year period 
     following the enactment of this subsection. The assessments 
     shall include an evaluation of the effectiveness of the 
     program in improving the education and training of students, 
     faculty and staff at eligible institutions that have been 
     awarded grants, cooperative agreements, or contracts under 
     the program; an evaluation of the effectiveness of the 
     program in improving access to, and familiarity with, digital 
     and wireless networking technology for students, faculty, and 
     staff at all eligible institutions; an evaluation of the 
     procedures established under subparagraph (A); and 
     recommendations for improving the program, including 
     recommendations concerning the continuing need for Federal 
     support. In carrying out its assessments, the National 
     Academy of Public Administration shall review the reports 
     submitted to the Under Secretary under clause (i).
       ``(iii) Report to congress.--Upon completion of each 
     independent assessment carried out under clause (ii), the 
     Under Secretary shall transmit the assessment to Congress 
     along with a summary of the Under Secretary's plans, if any, 
     to implement the recommendations of the National Academy of 
     Public Administration.
       ``(F) Definitions.--In this subsection:
       ``(i) Digital and wireless networking technology.--The term 
     `digital and wireless networking technology' means computer 
     and communications equipment and software that facilitates 
     the transmission of information in a digital format.
       ``(ii) Eligible institution.--The term `eligible 
     institution' means an institution that is--

       ``(I) a historically Black college or university that is a 
     part B institution, as defined in section 322(2) of the 
     Higher Education Act of 1965 (20 U.S.C. 1061(2)), or an 
     institution described in section 326(e)(1) of that Act (20 
     U.S.C. 1063b(e)(1));
       ``(II) a Hispanic-serving institution, as defined in 
     section 502(a)(5) of the Higher Education Act of 1965 (20 
     U.S.C. 1101a(a)(5));
       ``(III) a tribally controlled college or university, as 
     defined in section 316(b)(3) of the Higher Education Act of 
     1965 (20 U.S.C. 1059c(b)(3));
       ``(IV) an Alaska Native-serving institution under section 
     317(b) of the Higher Education Act of 1965 (20 U.S.C. 
     1059d(b)); or
       ``(V) a Native Hawaiian-serving institution under section 
     317(b) of the Higher Education Act of 1965 (20 U.S.C. 
     1059d(b)).

       ``(iii) Institution of higher education.--The term 
     `institution of higher education' has the meaning given the 
     term in section 101 of the Higher Education Act of 1965 (20 
     U.S.C. 1001).
       ``(iv) Local educational agency.--The term `local 
     educational agency' has the meaning given the term in section 
     9101 of the Elementary and Secondary Education Act of 1965 
     (20 U.S.C. 7801).
       ``(v) Minority business.--The term `minority business' 
     includes HUBZone small business concerns (as defined in 
     section 3(p) of the Small Business Act (15 U.S.C. 632(p)).
       ``(vi) Minority individual.--The term `minority individual' 
     means an American Indian, Alaskan Native, Black (not of 
     Hispanic origin), Hispanic (including persons of Mexican, 
     Puerto Rican, Cuban and Central or South American origin), or 
     Pacific Islander individual.
       ``(vii) State.--The term `State' has the meaning given the 
     term in section 9101 of the Elementary and Secondary 
     Education Act of 1965 (20 U.S.C. 7801).
       ``(viii) State educational agency.--The term `State 
     educational agency' has the meaning given the term in section 
     9101 of the Elementary and Secondary Education Act of 1965 
     (20 U.S.C. 7801).''.

     SEC. 503. AUTHORIZATION OF APPROPRIATIONS.

       There are authorized to be appropriated to the Technology 
     Administration of the Department of Commerce to carry out 
     section 5(g) of the Stevenson-Wydler Technology Innovation 
     Act of 1980 such sums as may be necessary for each of the 
     fiscal years 2007 through 2010.
                                 ______
                                 
  SA 5144. Mr. CONRAD (for himself, Mr. Coleman, Mr. Nelson of 
Nebraska, Mr. Salazar, Mr. Hagel, Mr. Johnson, Mr. Thune, Mr. Dorgan, 
Mr. Enzi, Mr. Baucus, Mr. Reid, Mrs. Clinton, Mr. Obama, Mr. Durbin, 
Mr. Leahy, Mr. Harkin, Ms. Cantwell, Mr. Burns, Mr. Schumer, Mr. 
Roberts, Mr. Dayton, Mr. Inouye, and Mr. Akaka) proposed an amendment 
to the bill H.R. 5385, making appropriations for Military Construction 
and Veterans Affairs, and Related Agencies for the fiscal year ending 
September 30, 2007, and for other purposes; as follows:

       On page 110, between lines 22 and 23, insert the following:

                     TITLE V--EMERGENCY FARM RELIEF

     SEC. 501. SHORT TITLE.

       This title may be cited as the ``Emergency Farm Relief Act 
     of 2006''.

     SEC. 502. DEFINITIONS.

       In this title:
       (1) Additional coverage.--The term ``additional coverage'' 
     has the meaning given the term in section 502(b)(1) of the 
     Federal Crop Insurance Act (7 U.S.C. 1502(b)(1)).
       (2) Disaster county.--The term ``disaster county'' means--
       (A) a county included in the geographic area covered by a 
     natural disaster declaration; and
       (B) each county contiguous to a county described in 
     subparagraph (A).
       (3) Hurricane-affected county.--The term ``hurricane-
     affected county'' means--
       (A) a county included in the geographic area covered by a 
     natural disaster declaration related to Hurricane Katrina, 
     Hurricane Rita, Hurricane Wilma, or a related condition; and
       (B) each county contiguous to a county described in 
     subparagraph (A).
       (4) 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.).
       (5) Livestock.--The term ``livestock'' includes--
       (A) cattle (including dairy cattle);
       (B) bison;
       (C) sheep;
       (D) swine; and
       (E) other livestock, as determined by the Secretary.
       (6) Natural disaster declaration.--The term ``natural 
     disaster declaration'' means a natural disaster declared by 
     the Secretary during calendar year 2005 or 2006 under section 
     321(a) of the Consolidated Farm and Rural Development Act (7 
     U.S.C. 1961(a)).
       (7) 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).
       (8) Secretary.--The term ``Secretary'' means the Secretary 
     of Agriculture.

               Subtitle A--Agricultural Production Losses

     SEC. 511. CROP DISASTER ASSISTANCE.

       (a) In General.--The Secretary shall use such sums as are 
     necessary of funds of the Commodity Credit Corporation to 
     make emergency financial assistance authorized under this 
     section available to producers on a farm that have incurred 
     qualifying losses described in subsection (c).
       (b) Administration.--
       (1) In general.--Except as provided in paragraph (2), the 
     Secretary 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 50 percent of the established price, instead of 65 
     percent.
       (2) Noninsured producers.--For producers on a farm that 
     were eligible to acquire crop insurance for the applicable 
     production loss and failed to do so or failed to submit an 
     application for the noninsured assistance program for the 
     loss, the Secretary shall make assistance in accordance with 
     paragraph (1), except that the payment rate shall be 35 
     percent of the established price, instead of 50 percent.
       (c) Qualifying Losses.--Assistance under this section shall 
     be made available to producers on farms, other than producers 
     of sugar beets, that incurred qualifying quantity or quality 
     losses for the 2005 or 2006 crop due to damaging weather or 
     any related condition (including losses due to crop diseases, 
     insects, and delayed harvest), as determined by the 
     Secretary.
       (d) Quality Losses.--
       (1) In general.--In addition to any payment received under 
     subsection (b), the Secretary shall use such sums as are 
     necessary of funds of the Commodity Credit Corporation to 
     make payments to producers on a

[[Page S10932]]

     farm described in subsection (a) that incurred a quality loss 
     for the 2005 or 2006 crop, or both, of a commodity in an 
     amount equal to the product obtained by multiplying--
       (A) the payment quantity determined under paragraph (2);
       (B)(i) in the case of an insurable commodity, the coverage 
     level elected by the insured under the policy or plan of 
     insurance under the Federal Crop Insurance Act (7 U.S.C. 1501 
     et seq.); or
       (ii) in the case of a noninsurable commodity, the 
     applicable coverage level for the payment quantity determined 
     under paragraph (2); by
       (C) 50 percent of the payment rate determined under 
     paragraph (3).
       (2) Payment quantity.--For the purpose of paragraph (1)(A), 
     the payment quantity for quality losses for a crop of a 
     commodity on a farm shall equal the lesser of--
       (A) the actual production of the crop affected by a quality 
     loss of the commodity on the farm; or
       (B)(i) in the case of an insurable commodity, the actual 
     production history for the commodity by the producers on the 
     farm under the Federal Crop Insurance Act (7 U.S.C. 1501 et 
     seq.); or
       (ii) in the case of a noninsurable commodity, the 
     established yield for the crop for the producers on the farm 
     under section 196 of the Federal Agriculture Improvement and 
     Reform Act of 1996 (7 U.S.C. 7333).
       (3) Payment rate.--
       (A) In general.--For the purpose of paragraph (1)(B), the 
     payment rate for quality losses for a crop of a commodity on 
     a farm shall be equal to the difference between (as 
     determined by the applicable State committee of the Farm 
     Service Agency)--
       (i) 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
       (ii) the per unit market value of the units of the crop 
     affected by the quality loss.
       (B) Factors.--In determining the payment rate for quality 
     losses for a crop of a commodity on a farm, the applicable 
     State committee of the Farm Service Agency shall take into 
     account--
       (i) the average local market quality discounts that 
     purchasers applied to the commodity during the first 2 months 
     following the normal harvest period for the commodity;
       (ii) the loan rate and repayment rate established for the 
     commodity under the marketing loan program established for 
     the commodity under subtitle B of title I of the Farm 
     Security and Rural Investment Act of 2002 (7 U.S.C. 7931 et 
     seq.);
       (iii) the market value of the commodity if sold into a 
     secondary market; and
       (iv) other factors determined appropriate by the committee.
       (4) Eligibility.--
       (A) In general.--For producers on a farm to be eligible to 
     obtain a payment for a quality loss for a crop under this 
     subsection--
       (i) 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 reduced by the amount 
     of any indemnification received by the producers on the farm 
     for quality loss adjustment for the commodity under a policy 
     or plan of insurance under the Federal Crop Insurance Act (7 
     U.S.C. 1501 et seq.); and
       (ii) the remainder 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.
       (B) Ineligibility.--If the amount of a quality loss payment 
     for a commodity for the producers on a farm determined under 
     this paragraph is equal to or less than zero, the producers 
     on the farm shall be ineligible for assistance for the 
     commodity under this subsection.
       (5) Eligible production.--The Secretary 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) Timing.--
       (1) In general.--Subject to paragraph (2), the Secretary 
     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.

     SEC. 512. LIVESTOCK ASSISTANCE.

       (a) Livestock Compensation Program.--
       (1) Use of commodity credit corporation funds.--Effective 
     beginning on the date of enactment of this Act, the Secretary 
     shall use funds of the Commodity Credit Corporation to carry 
     out the 2002 Livestock Compensation Program announced by the 
     Secretary on October 10, 2002 (67 Fed. Reg. 63070), to 
     provide compensation for livestock losses during calendar 
     years 2005 and 2006 for losses due to a disaster, as 
     determined by the Secretary, except that the payment rate 
     shall be 75 percent of the payment rate established for the 
     2002 Livestock Compensation Program.
       (2) Eligible applicants.--In carrying out the program 
     described in paragraph (1), the Secretary shall provide 
     assistance to any applicant for livestock losses during 
     calendar year 2005 or 2006, or both, that--
       (A)(i) conducts a livestock operation that is located in a 
     disaster county, including any applicant conducting a 
     livestock operation with eligible livestock (within the 
     meaning of the livestock assistance program under section 
     101(b) of division B of Public Law 108-324 (118 Stat. 1234)); 
     or
       (ii) produces 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));
       (B) demonstrates to the Secretary that the applicant 
     suffered a material loss of pasture or hay production, or 
     experienced substantially increased feed costs, due to 
     damaging weather or a related condition during the calendar 
     year, as determined by the Secretary; and
       (C) meets all other eligibility requirements established by 
     the Secretary for the program.
       (3) 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.
       (b) Livestock Indemnity Payments.--
       (1) In general.--The Secretary shall use such sums as are 
     necessary of funds of the Commodity Credit Corporation to 
     make livestock indemnity payments to producers on farms that 
     have incurred livestock losses during calendar years 2005 and 
     2006 for losses that occurred prior to the date of enactment 
     of this Act (including wildfire disaster losses in the State 
     of Texas and other States) due to a disaster, as determined 
     by the Secretary, including losses due to hurricanes, floods, 
     anthrax, and wildfires.
       (2) Payment rates.--Indemnity payments to a producer on a 
     farm under paragraph (1) shall be made at a rate of not less 
     than 30 percent of the market value of the applicable 
     livestock on the day before the date of death of the 
     livestock, as determined by the Secretary.
       (c) Ewe Lamb Replacement and Retention.--
       (1) In general.--The Secretary shall use $13,000,000 of 
     funds of the Commodity Credit Corporation to make payments 
     under the Ewe Lamb Replacement and Retention Payment Program 
     under part 784 of title 7, Code of Federal Regulations (or a 
     successor regulation) for each qualifying ewe lamb retained 
     or purchased during the period beginning on January 1, 2006, 
     and ending on December 31, 2006.
       (2) Ineligibility for other assistance.--A producer that 
     receives assistance under this subsection shall not be 
     eligible to receive assistance under subsection (a).

     SEC. 513. FLOODED CROP AND GRAZING LAND.

       (a) In General.--The Secretary shall compensate eligible 
     owners of flooded crop and grazing land in--
       (1) the Devils Lake basin; and
       (2) the McHugh, Lake Laretta, and Rose Lake closed drainage 
     areas of the State of North Dakota.
       (b) Eligibility.--
       (1) In general.--To be eligible to receive compensation 
     under this section, an owner shall own land described in 
     subsection (a) that, during the 2 crop years preceding 
     receipt of compensation, was rendered incapable of use for 
     the production of an agricultural commodity or for grazing 
     purposes (in a manner consistent with the historical use of 
     the land) as the result of flooding, as determined by the 
     Secretary.
       (2) Inclusions.--Land described in paragraph (1) shall 
     include--
       (A) land that has been flooded;
       (B) land that has been rendered inaccessible due to 
     flooding; and
       (C) a reasonable buffer strip adjoining the flooded land, 
     as determined by the Secretary.
       (3) Administration.--The Secretary may establish--
       (A) reasonable minimum acreage levels for individual 
     parcels of land for which owners may receive compensation 
     under this section; and
       (B) the location and area of adjoining flooded land for 
     which owners may receive compensation under this section.
       (c) Sign-up.--The Secretary shall establish a sign-up 
     program for eligible owners to apply for compensation from 
     the Secretary under this section.
       (d) Compensation Payments.--
       (1) In general.--Subject to paragraphs (2) and (3), the 
     rate of an annual compensation payment under this section 
     shall be equal to 90 percent of the average annual per acre 
     rental payment rate (at the time of entry into the contract) 
     for comparable crop or grazing land that has not been flooded 
     and remains in production in the county where the flooded 
     land is located, as determined by the Secretary.
       (2) Reduction.--An annual compensation payment under this 
     section shall be reduced by the amount of any conservation 
     program rental payments or Federal agricultural commodity 
     program payments received by the owner for the land during 
     any crop year for which compensation is received under this 
     section.
       (3) Exclusion.--During any year in which an owner receives 
     compensation for flooded land under this section, the owner 
     shall not

[[Page S10933]]

     be eligible to participate in or receive benefits for the 
     flooded land under--
       (A) the Federal crop insurance program established under 
     the Federal Crop Insurance Act (7 U.S.C. 1501 et seq.);
       (B) the noninsured crop assistance program established 
     under section 196 of the Federal Agriculture Improvement and 
     Reform Act of 1996 (7 U.S.C. 7333); or
       (C) any Federal agricultural crop disaster assistance 
     program.
       (e) Relationship to Agricultural Commodity Programs.--The 
     Secretary, by regulation, shall provide for the preservation 
     of cropland base, allotment history, and payment yields 
     applicable to land described in subsection (a) that was 
     rendered incapable of use for the production of an 
     agricultural commodity or for grazing purposes as the result 
     of flooding.
       (f) Use of Land.--
       (1) In general.--An owner that receives compensation under 
     this section for flooded land shall take such actions as are 
     necessary to not degrade any wildlife habitat on the land 
     that has naturally developed as a result of the flooding.
       (2) Recreational activities.--To encourage owners that 
     receive compensation for flooded land to allow public access 
     to and use of the land for recreational activities, as 
     determined by the Secretary, the Secretary may--
       (A) offer an eligible owner additional compensation; and
       (B) provide compensation for additional acreage under this 
     section.
       (g) Funding.--
       (1) In general.--The Secretary shall use $6,000,000 of 
     funds of the Commodity Credit Corporation to carry out this 
     section.
       (2) Pro-rated payments.--In a case in which the amount made 
     available under paragraph (1) for a fiscal year is 
     insufficient to compensate all eligible owners under this 
     section, the Secretary shall pro-rate payments for that 
     fiscal year on a per acre basis.

     SEC. 514. SUGAR BEET DISASTER ASSISTANCE.

       (a) In General.--The Secretary shall use $24,000,000 of 
     funds of the Commodity Credit Corporation to provide 
     assistance to sugar beet producers that suffered production 
     losses (including quality losses) for the 2005 or 2006 crop 
     year.
       (b) Requirement.--The Secretary shall make payments under 
     subsection (a) in the same manner as payments were made under 
     section 208 of the Agricultural Assistance Act of 2003 
     (Public Law 108-7; 117 Stat. 544), including using the same 
     indemnity benefits as were used in carrying out that section.
       (c) Hawaii.--The Secretary shall use $6,000,000 of funds of 
     the Commodity Credit Corporation to assist sugarcane growers 
     in Hawaii by making a payment in that amount to an 
     agricultural transportation cooperative in Hawaii, the 
     members of which are eligible to obtain a loan under section 
     156(a) of the Federal Agriculture Improvement and Reform Act 
     of 1996 (7 U.S.C. 7272(a)).

     SEC. 515. BOVINE TUBERCULOSIS HERD INDEMNIFICATION.

       The Secretary shall use $2,000,000 of funds of the 
     Commodity Credit Corporation to indemnify producers that 
     suffered losses to herds of cattle due to bovine tuberculosis 
     during calendar year 2005.

     SEC. 516. NONINSURED CROP ASSISTANCE PROGRAM.

       Section 196(c) of the Federal Agriculture Improvement and 
     Reform Act of 1996 (7 U.S.C. 7333(c)) is amended by adding at 
     the end the following:
       ``(5) Loss assessment for grazing.--The Secretary shall 
     permit the use of 1 claims adjustor certified by the 
     Secretary to assess the quantity of loss on the acreage or 
     allotment of a producer devoted to grazing for livestock 
     under this section.''.

     SEC. 517. REDUCTION IN PAYMENTS.

       The amount of any payment for which a producer is eligible 
     under this subtitle 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;
       (3) the Emergency Supplemental Appropriations Act for 
     Defense, the Global War on Terror, and Hurricane Recovery, 
     2006 (Public Law 109-234; 120 Stat. 418); or
       (4) the Livestock Assistance Grant Program announced by the 
     Secretary on August 29, 2006.

         Subtitle B--Small Business Economic Loss Grant Program

     SEC. 521. SMALL BUSINESS ECONOMIC LOSS GRANT PROGRAM.

       (a) Definition of Qualified State.--In this section, the 
     term ``qualified State'' means a State in which at least 50 
     percent of the counties of the State were declared to be 
     primary agricultural disaster areas by the Secretary in at 
     least 2 of crop years 2004, 2005, and 2006.
       (b) Grants to Qualified States.--
       (1) In general.--The Secretary shall use $300,000,000 of 
     funds of the Commodity Credit Corporation to make grants to 
     State departments of agriculture or comparable State agencies 
     in qualified States.
       (2) Amount.--
       (A) In general.--Subject to subparagraph (B), the Secretary 
     shall allocate grants among qualified States described in 
     paragraph (1) based on the average value of agricultural 
     sector production in the qualified State, determined as a 
     percentage of the gross domestic product of the qualified 
     State.
       (B) Minimum amount.--The minimum amount of a grant under 
     this subsection shall be $3,000,000.
       (3) Requirement.--To be eligible to receive a grant under 
     this subsection, a qualified State shall agree to carry out 
     an expedited disaster assistance program to provide direct 
     payments to qualified small businesses in accordance with 
     subsection (c).
       (c) Direct Payments to Qualified Small Businesses.--
       (1) In general.--In carrying out an expedited disaster 
     assistance program described in subsection (b)(3), a 
     qualified State shall provide direct payments to eligible 
     small businesses in the qualified State that suffered 
     material economic losses in at least 2 of crop years 2004, 
     2005, and 2006 as a direct result of weather-related 
     agricultural losses to the crop or livestock production 
     sectors of the qualified State, as determined by the 
     Secretary.
       (2) Eligibility.--
       (A) In general.--To be eligible to receive a direct payment 
     under paragraph (1), a small business shall--
       (i) have less than $5,000,000 in average annual gross 
     income from all business activities, at least 75 percent of 
     which shall be directly related to production agriculture or 
     agriculture support industries, as determined by the 
     Secretary;
       (ii) verify the amount of economic loss attributable to 
     weather-related agricultural losses using such documentation 
     as the Secretary and the head of the qualified State agency 
     may require;
       (iii) have suffered losses attributable to weather-related 
     agricultural disasters that equal at least 50 percent of the 
     total economic loss of the small business for each year a 
     grant is requested; and
       (iv) demonstrate that the grant will materially improve the 
     likelihood the business will--

       (I) recover from the disaster; and
       (II) continue to service and support production 
     agriculture.

       (3) Requirements.--A direct payment to small business under 
     this subsection shall--
       (A) be limited to not more than 2 years of documented 
     losses;
       (B) be in an amount of not more than 75 percent of the 
     documented average economic loss attributable to weather-
     related agriculture disasters for each eligible year in the 
     qualified State; and
       (C) not exceed $80,000 per grant per year.
       (4) Insufficient funding.--If the grant funds received by a 
     qualified State agency under subsection (b) are insufficient 
     to fund the direct payments of the qualified State agency 
     under this subsection, the qualified State agency may apply a 
     proportional reduction to all of the direct payments.

                        Subtitle C--Conservation

     SEC. 531. EMERGENCY CONSERVATION PROGRAM.

       The Secretary shall use an additional $30,000,000 of funds 
     of the Commodity Credit Corporation to carry out emergency 
     measures, including wildfire recovery efforts in Montana and 
     other States, identified by the Administrator of the Farm 
     Service Agency as of the date of enactment of this Act 
     through the emergency conservation program established under 
     title IV of the Agricultural Credit Act of 1978 (16 U.S.C. 
     2201 et seq.).

     SEC. 532. EMERGENCY WATERSHED PROTECTION PROGRAM.

       The Secretary shall use an additional $70,000,000 of funds 
     of the Commodity Credit Corporation to carry out emergency 
     measures identified by the Chief of the Natural Resources 
     Conservation Service as of the date of enactment of this Act 
     through the emergency watershed protection program 
     established under section 403 of the Agricultural Credit Act 
     of 1978 (16 U.S.C. 2203).

     SEC. 533. ENVIRONMENTAL QUALITY INCENTIVES PROGRAM.

       The Secretary shall use an additional $200,000,000 of funds 
     of the Commodity Credit Corporation to carry out emergency 
     measures identified by the Secretary through the 
     environmental quality incentives program established under 
     chapter 4 of subtitle D of title XII of the Food Security Act 
     of 1985 (16 U.S.C. 3839aa et seq.), of which not less than 
     $50,000,000 shall be used to carry out wildfire recovery 
     efforts (including in Montana and other States).

                    Subtitle D--Farm Service Agency

     SEC. 541. FUNDING FOR ADDITIONAL PERSONNEL.

       The Secretary shall use $20,000,000 of funds of the 
     Commodity Credit Corporation to hire additional County Farm 
     Service Agency personnel--
       (1) to expedite the implementation of, and delivery under, 
     the agricultural disaster and economic assistance programs 
     under this title; and
       (2) as the Secretary determines to be necessary to carry 
     out other agriculture and disaster assistance programs.

                       Subtitle E--Miscellaneous

     SEC. 551. CONTRACT WAIVER.

       In carrying out section 101(a)(5) of the Emergency 
     Supplemental Appropriations for Hurricane Disasters 
     Assistance Act, 2005 (Public Law 108-324; 118 Stat. 1233), 
     the Secretary shall not require participation in a

[[Page S10934]]

     crop insurance pilot program relating to forage.

     SEC. 552. FUNDING.

       The Secretary shall use the funds, facilities, and 
     authorities of the Commodity Credit Corporation to carry out 
     this title, to remain available until expended.

     SEC. 553. REGULATIONS.

       (a) In General.--The Secretary may promulgate such 
     regulations as are necessary to implement this title.
       (b) Procedure.--The promulgation of the regulations and 
     administration of this title 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 shall use the authority 
     provided under section 808 of title 5, United States Code.

     SEC. 554. EARTHQUAKE DAMAGE IN THE STATE OF HAWAII.

       (a) Emergency Watershed Protection Program.--The Secretary 
     shall use an additional $12,000,000 of funds of the Commodity 
     Credit Corporation to carry out emergency measures on the Big 
     Island in the State of Hawaii (referred to in this section as 
     the ``Big Island'') through the emergency watershed 
     protection program established under section 403 of the 
     Agricultural Credit Act of 1978 (16 U.S.C. 2203), of which 
     $7,000,000 shall be used to repair the Lower Hamakua Ditch 
     and $5,000,000 shall be used to repair the Waimea Irrigation 
     System/Upper Hamakua Ditch.
       (b) Emergency Conservation Program.--
       (1) In general.--The Secretary shall use an additional 
     $6,000,000 of funds of the Commodity Credit Corporation to 
     repair broken irrigation pipelines and damaged and collapsed 
     water tanks on the Big Island through the emergency 
     conservation program established under title IV of the 
     Agricultural Credit Act of 1978 (16 U.S.C. 2201 et seq.), of 
     which $2,000,000 shall be used to repair stone fences on 
     cattle ranches in the Kona and Kohala areas and $2,000,000 
     shall be used to provide emergency loans for losses of 
     agricultural income due to the earthquake of October 15, 
     2006.
       (2) Additional funds.--The Secretary may use an additional 
     $2,000,000 of funds of the Commodity Credit Corporation 
     through the emergency conservation program established under 
     title IV of the Agricultural Credit Act of 1978 (16 U.S.C. 
     2201 et seq.) to repair or replace historical stone fences on 
     ranches on the Big Island damaged by the earthquake on 
     October 15, 2006.
       (c) Kohala Ditch System.--The Secretary shall use 
     $3,000,000 of funds of the Commodity Credit Corporation to 
     provide a grant to the Big Island Resource Conservation and 
     Development Council, Incorporated, to repair the Kohala Ditch 
     system.

                   Subtitle F--Emergency Designation

     SEC. 561. EMERGENCY DESIGNATION.

       The amounts provided under this title are designated as an 
     emergency requirement pursuant to section 402 of H. Con. Res. 
     95 (109th Congress).
                                 ______
                                 
  SA 5145. Mr. SMITH submitted an amendment intended to be proposed to 
SA 4920 submitted by Mr. Burns and intended to be proposed to the bill 
H.R. 5385, making appropriations for Military Construction and Veterans 
Affairs, and Related Agencies for the fiscal year ending September 30, 
2007, and for other purposes; which was ordered to lie on the table; as 
follows:

       At the end, add the following:

     SEC. __. REAUTHORIZATION OF THE SECURE RURAL SCHOOLS AND 
                   COMMUNITY SELF-DETERMINATION ACT OF 2000.

       (a) In General.--The Secure Rural Schools and Community 
     Self-Determination Act of 2000 (16 U.S.C. 500 note; Public 
     Law 106-393) is amended in sections 101(a), 102(b)(2), 
     103(b)(1), 203(a)(1), 207(a), 208, 303, and 401 by striking 
     ``2006'' and inserting ``2007''.
       (b) Termination of Authority.--
       (1) Special projects on federal lands.--Section 208 of the 
     Secure Rural Schools and Community Self-Determination Act of 
     2000 (16 U.S.C. 500 note; Public Law 106-393) is amended in 
     the second sentence by striking ``2007'' and inserting 
     ``2008''.
       (2) County projects.--Section 303 of the Secure Rural 
     Schools and Community Self-Determination Act of 2000 (16 
     U.S.C. 500 note; Public Law 106-393) is amended in the second 
     sentence by striking ``2007'' and inserting ``2008''.
       (c) Reduction in Payments for Fiscal Year 2007.--
     Notwithstanding any provision of the Secure Rural Schools and 
     Community Self-Determination Act of 2000 (16 U.S.C. 500 note; 
     Public Law 106-393), any payment authorized under section 102 
     or 103 of that Act for fiscal year 2007 shall be equal to the 
     amount of the payment authorized under the applicable section 
     of that Act for fiscal year 2006, reduced by 10 percent.
       (d) Emergency Designation.--The amount made available under 
     this section and the amendments made by this section is 
     designated as an emergency requirement pursuant to section 
     402 of S. Con. Res. 83 (109th Congress), the concurrent 
     resolution on the budget for fiscal year 2007, as made 
     applicable in the Senate by section 7035 of Public Law 109-
     234.
                                 ______
                                 
  SA 5146. Mr. COCHRAN (for himself and Mr. Lott) submitted an 
amendment intended to be proposed by him to the bill H.R. 5385, making 
appropriations for Military Construction and Veterans Affairs, and 
Related Agencies for the fiscal year ending September 30, 2007, and for 
other purposes; as follows:

       On page 82, between lines 19 and 20, insert the following:
       Sec. 126. Of the amount appropriated or otherwise made 
     available by chapter 7 of title I 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) under the heading ``Military 
     Construction, Navy and Marine Corps'' and available for the 
     replacement of a Bachelor Enlisted Quarters at Naval 
     Construction Battalion Center, Gulfport, Mississippi, 
     $13,400,000 may be available for the construction of an 
     additional Bachelor Enlisted Quarters at Naval Construction 
     Battalion Center, Gulfport, Mississippi.
                                 ______
                                 
  SA 5147. Mr. WYDEN (for himself and Mr. Smith) submitted an amendment 
intended to be proposed by him to the bill H.R. 5385, making 
appropriations for Military Construction and Veterans Affairs, and 
Related Agencies for the fiscal year ending September 30, 2007, and for 
other purposes; which was ordered to lie on the table; as follows:

       On page 106, between lines 12 and 13, insert the following:
       Sec. 229. Of the amount appropriated by this title under 
     the heading ``Departmental Administration'', up to $500,000 
     may be available for the Secretary of Veterans Affairs to 
     conduct an independent study on the community health 
     resources in the 14-county catchment area of the Department 
     of Veterans Affairs clinic in Walla Walla, Washington, 
     including the capacity of the private health care facilities 
     in such catchment area to serve veterans that currently 
     receive inpatient care at such clinic.
                                 ______
                                 
  SA 5148. Mrs. DOLE submitted an amendment intended to be proposed by 
her to the bill H.R. 5385, making appropriations for Military 
Construction and Veterans Affairs, and Related Agencies for the fiscal 
year ending September 30, 2007, and for other purposes; which was 
ordered to lie on the table; as follows:

       On page 82, between lines 19 and 20, insert the following:
       Sec. 126. Section 2836(c)(3) of the National Defense 
     Authorization Act for Fiscal Year 1998 (Public Law 105-85; 
     111 Stat. 2005) is amended to read as follows:
       ``(3) The Secretary may convey, without consideration, to 
     the County all right, title, and interest of the United 
     States in and to a parcel of real property (including 
     improvements thereon), known as Tract No. 404-1, consisting 
     of approximately 137 acres located at Fort Bragg for support 
     of the construction of public school structures that may be 
     used by the Harnett County School Board for the education 
     of--
       ``(A) members of the Armed Forces stationed at Fort Bragg 
     and Pope Air Force Base and their dependents; and
       ``(B) children who reside in the County.'' .

                          ____________________