Congressional Record, Volume 153 Issue 77 (Thursday, May 10, 2007)

[Congressional Record Volume 153, Number 77 (Thursday, May 10, 2007)]
[House]
[Pages H4808-H4867]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

U.S. TROOP READINESS, VETERANS' CARE, KATRINA RECOVERY, AND IRAQ
ACCOUNTABILITY APPROPRIATIONS ACT, 2007

Mr. OBEY. Mr. Speaker, pursuant to House Resolution 387, I call up
the bill (H.R. 2206) making emergency supplemental appropriations for
the fiscal year ending September 30, 2007, and for other purposes, and
ask for its immediate consideration.
The Clerk read the title of the bill.
The text of the bill is as follows:

H.R. 2206

Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,

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--FUNDING FOR MILITARY OPERATIONS IN IRAQ AND AFGHANISTAN
TITLE II--OTHER INTERNATIONAL AND SECURITY-RELATED FUNDING
TITLE III--ADDITIONAL HURRICANE DISASTER RELIEF AND RECOVERY
TITLE IV--OTHER EMERGENCY APPROPRIATIONS
TITLE V--OTHER MATTERS
TITLE VI--ELIMINATION OF SCHIP SHORTFALL AND OTHER HEALTH MATTERS
TITLE VII--FAIR MINIMUM WAGE AND TAX RELIEF

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--FUNDING FOR MILITARY OPERATIONS IN IRAQ AND AFGHANISTAN

CHAPTER 1--IMMEDIATE FUNDING NEEDS

DEPARTMENT OF DEFENSE--MILITARY

MILITARY PERSONNEL

Military Personnel, Army

For an additional amount for ``Military Personnel, Army'',
$4,528,215,000.

Military Personnel, Navy

For an additional amount for ``Military Personnel, Navy'',
$754,347,000.

Military Personnel, Marine Corps

For an additional amount for ``Military Personnel, Marine
Corps'', $802,391,000.

Military Personnel, Air Force

For an additional amount for ``Military Personnel, Air
Force'', $689,944,000.

[[Page H4809]]

Reserve Personnel, Army

For an additional amount for ``Reserve Personnel, Army'',
$73,622,000.

Reserve Personnel, Navy

For an additional amount for ``Reserve Personnel, Navy'',
$44,623,000.

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'', $7,573,000.

National Guard Personnel, Army

For an additional amount for ``National Guard Personnel,
Army'', $314,091,000.

National Guard Personnel, Air Force

For an additional amount for ``National Guard Personnel,
Air Force'', $19,533,000.

OPERATION AND MAINTENANCE

Operation and Maintenance, Army

For an additional amount for ``Operation and Maintenance,
Army'', $15,400,000,000.

Operation and Maintenance, Navy

For an additional amount for ``Operation and Maintenance,
Navy'', $2,338,335,000.

Operation and Maintenance, Marine Corps

For an additional amount for ``Operation and Maintenance,
Marine Corps'', $573,297,000.

Operation and Maintenance, Air Force

For an additional amount for ``Operation and Maintenance,
Air Force'', $3,325,441,000.

Operation and Maintenance, Defense-Wide

For an additional amount for ``Operation and Maintenance,
Defense-Wide'', $1,357,244,000.

Operation and Maintenance, Army Reserve

For an additional amount for ``Operation and Maintenance,
Army Reserve'', $37,025,000.

Operation and Maintenance, Navy Reserve

For an additional amount for ``Operation and Maintenance,
Navy Reserve'', $55,533,000.

Operation and Maintenance, Marine Corps Reserve

For an additional amount for ``Operation and Maintenance,
Marine Corps Reserve'', $6,796,000.

Operation and Maintenance, Air Force Reserve

For an additional amount for ``Operation and Maintenance,
Air Force Reserve'', $5,080,000.

Operation and Maintenance, Army National Guard

For an additional amount for ``Operation and Maintenance,
Army National Guard'', $41,785,000.

Operation and Maintenance, Air National Guard

For an additional amount for ``Operation and Maintenance,
Air National Guard'', $19,215,000.

Afghanistan Security Forces Fund

For an additional amount for ``Afghanistan Security Forces
Fund'', $2,953,200,000.

Iraq Security Forces Fund

For an additional amount for ``Iraq Security Forces Fund'',
$1,921,150,000.

Joint Improvised Explosive Device Defeat Fund

For an additional amount for ``Joint Improvised Explosive
Device Defeat Fund'', $1,216,400,000, to remain available
until September 30, 2008.

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'',
$3,251,853,000; of which $2,802,153,000 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 the funds provided under this heading
shall be allocated in accordance with the direction given in
the joint explanatory statement accompanying the conference
report on H.R. 1591 of the 110th Congress (H. Rept. 110-107):
Provided further, 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.

CHAPTER 2--ADDITIONAL FUNDING

DEPARTMENT OF DEFENSE--MILITARY

MILITARY PERSONNEL

Military Personnel, Army

For an additional amount for ``Military Personnel, Army'',
$4,325,135,000.

Military Personnel, Navy

For an additional amount for ``Military Personnel, Navy'',
$346,063,000.

Military Personnel, Marine Corps

For an additional amount for ``Military Personnel, Marine
Corps'', $693,436,000.

Military Personnel, Air Force

For an additional amount for ``Military Personnel, Air
Force'', $528,643,000.

Reserve Personnel, Army

For an additional amount for ``Reserve Personnel, Army'',
$98,163,000.

Reserve Personnel, Navy

For an additional amount for ``Reserve Personnel, Navy'',
$41,400,000.

Reserve Personnel, Air Force

For an additional amount for ``Reserve Personnel, Air
Force'', $4,000,000.

National Guard Personnel, Army

For an additional amount for ``National Guard Personnel,
Army'', $231,195,000.

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'', $4,973,379,000.

Operation and Maintenance, Navy

(including transfer of funds)

For an additional amount for ``Operation and Maintenance,
Navy'', $2,313,794,000, 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'', $573,297,000.

Operation and Maintenance, Air Force

For an additional amount for ``Operation and Maintenance,
Air Force'', $3,325,441,000.

Operation and Maintenance, Defense-Wide

For an additional amount for ``Operation and Maintenance,
Defense-Wide'', $1,357,244,000, 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'', $37,025,000.

Operation and Maintenance, Navy Reserve

For an additional amount for ``Operation and Maintenance,
Navy Reserve'', $55,533,000.

Operation and Maintenance, Marine Corps Reserve

For an additional amount for ``Operation and Maintenance,
Marine Corps Reserve'', $6,796,000.

Operation and Maintenance, Air Force Reserve

For an additional amount for ``Operation and Maintenance,
Air Force Reserve'', $5,080,000.

[[Page H4810]]

Operation and Maintenance, Army National Guard

For an additional amount for ``Operation and Maintenance,
Army National Guard'', $41,785,000.

Operation and Maintenance, Air National Guard

For an additional amount for ``Operation and Maintenance,
Air National Guard'', $19,215,000.

Afghanistan Security Forces Fund

For an additional amount for ``Afghanistan Security Forces
Fund'', $2,953,200,000, to remain available until September
30, 2008.

Iraq Security Forces Fund

For an additional amount for ``Iraq Security Forces Fund'',
$1,921,150,000, 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'', $1,216,400,000, to remain available
until September 30, 2009.

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,
$2,000,000,000, 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 $1,000,000,000
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 thirty
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

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'', $1,315,526,000.

National Defense Sealift Fund

For an additional amount for ``National Defense Sealift
Fund'', $5,000,000.

OTHER DEPARTMENT OF DEFENSE PROGRAMS

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.

CHAPTER 3--GENERAL PROVISIONS, THIS TITLE

Sec. 1301. Appropriations provided in this title are
available for obligation until September 30, 2007, unless
otherwise provided in this title.

(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 in this
title: 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 title, or made
available by the transfer of funds in or pursuant to this
title, 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 title may be
used to finance programs or activities denied by Congress in
fiscal years 2006 or 2007 appropriations to the Department of
Defense 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)

[[Page H4811]]

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 title 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 title 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 title 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. 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. 1312. 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. 1313. (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. 1314. None of the funds appropriated or otherwise made
available by this title 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. 1315. Not more than 85 percent of the funds
appropriated in chapter 2 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. 1316. 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. 1317. Section 9007 of Public Law 109-289 is amended by
striking ``20'' and inserting ``287''.
Sec. 1318. (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:

[[Page H4812]]

(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. 1319. 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.
Sec. 1320. (a) Independent Assessment of Capabilities of
Iraqi Security Forces.--Of the amount appropriated or
otherwise made available for the Department of Defense,
$750,000 is provided to 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:
(1) 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 12-18 months, and bringing an end to sectarian
violence to achieve national reconciliation.
(2) The training; equipping; command, control and
intelligence capabilities; and logistics capacity of the ISF.
(3) 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 subparagraph (1).
(b) Report.--Not later than 120 days after passage 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, and
Intelligence.
Sec. 1321. (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. 1322. 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. 1323. 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.

(TRANSFER OF FUNDS)

[[Page H4813]]

has certified in writing to the Committees on Appropriations
and the Committees on Armed Services at least 15 days in
advance of the deployment that the unit is fully mission
capable.
(c) For purposes of subsection (b), the term ``fully
mission capable'' means capable of performing assigned
mission essential tasks to prescribed standards under the
conditions expected in the theater of operations, consistent
with the guidelines set forth in the Department of Defense
readiness reporting system.
(d) The President, by certifying in writing to the
Committees on Appropriations and the Committees on Armed
Services that the deployment to Iraq of a unit that is not
assessed fully mission capable is required for reasons of
national security and by submitting along with the
certification a report in classified and unclassified form
detailing the particular reason or reasons why the unit's
deployment is necessary, may waive the limitation prescribed
in subsection (b) on a unit-by-unit basis.
Sec. 1328. (a) Congress finds that it is Defense Department
policy that Army, Army Reserve, and National Guard units
should not be deployed for combat beyond 365 days or that
Marine Corps and Marine Corps Reserve units should not be
deployed for combat beyond 210 days.
(b) None of the funds appropriated or otherwise made
available in this or any other Act may be obligated or
expended to initiate the development of, continue the
development of, or execute any order that has the effect of
extending the deployment for Operation Iraqi Freedom of--
(1) any unit of the Army, Army Reserve or Army National
Guard beyond 365 days; or
(2) any unit of the Marine Corps or Marine Corps Reserve
beyond 210 days.
(c) The limitation prescribed in subsection (b) shall not
be construed to require force levels in Iraq to be decreased
below the total United States force levels in Iraq prior to
January 10, 2007.
(d) The President, by certifying in writing to the
Committees on Appropriations and the Committees on Armed
Services that the extension of a unit's deployment in Iraq
beyond the periods specified in subsection (b) is required
for reasons of national security and by submitting along with
the certification a report in classified and unclassified
form detailing the particular reason or reasons why the
unit's extended deployment is necessary, may waive the
limitations prescribed in subsection (b) on a unit-by-unit
basis.
Sec. 1329. (a) Congress finds that it is Defense Department
policy that Army, Army Reserve, and National Guard units
should not be redeployed for combat if the unit has been
deployed within the previous 365 consecutive days or that
Marine Corps and Marine Corps Reserve units should not be
redeployed for combat if the unit has been deployed within
the previous 210 days.
(b) None of the funds appropriated or otherwise made
available in this or any other Act may be obligated or
expended to initiate the development of, continue the
development of, or execute any order that has the effect of
deploying for Operation Iraqi Freedom of--
(1) any unit of the Army, Army Reserve or Army National
Guard if such unit has been deployed within the previous 365
consecutive days; or
(2) any unit of the Marine Corps or Marine Corps Reserve if
such unit has been deployed within the previous 210
consecutive days.
(c) The limitation prescribed in subsection (b) shall not
be construed to require force levels in Iraq to be decreased
below the total United States force levels in Iraq prior to
January 10, 2007.
(d) The President, by certifying in writing to the
Committees on Appropriations and the Committees on Armed
Services that the redeployment of a unit to Iraq in advance
of the periods specified in subsection (b) is required for
reasons of national security and by submitting along with the
certification a report in classified and unclassified form
detailing the particular reason or reasons why the unit's
redeployment is necessary, may waive the limitations
prescribed in subsection (b) on a unit-by-unit basis.
Sec. 1330. The President shall transmit to the Congress a
report in classified and unclassified form, on or before July
13, 2007, detailing--
(1) the progress the Government of Iraq has made in--
(A) giving the United States Armed Forces and Iraqi
Security Forces the authority to pursue all extremists,
including Sunni insurgents and Shiite militias;
(B) delivering necessary Iraqi Security Forces for Baghdad
and protecting such Forces from political interference;
(C) intensifying efforts to build balanced security forces
throughout Iraq that provide even-handed security for all
Iraqis;
(D) ensuring that Iraq's political authorities are not
undermining or making false accusations against members of
the Iraqi Security Forces;
(E) eliminating militia control of local security;
(F) establishing a strong militia disarmament program;
(G) ensuring fair and just enforcement of laws;
(H) establishing political, media, economic, and service
committees in support of the Baghdad Security Plan;
(I) eradicating safe havens;
(J) reducing the level of sectarian violence in Iraq; and
(K) ensuring that the rights of minority political parties
in the Iraqi Parliament are protected; and
(2) whether the Government of Iraq has--
(A) enacted a broadly accepted hydro-carbon law that
equitably shares oil revenues among all Iraqis;
(B) adopted legislation necessary for the conduct of
provincial and local elections, taken steps to implement such
legislation, and set a schedule to conduct provincial and
local elections;
(C) reformed current laws governing the de-Baathification
process to allow for more equitable treatment of individuals
affected by such laws;
(D) amended the Constitution of Iraq consistent with the
principles contained in article 137 of such Constitution; and
(E) allocated and begun expenditure of $10 billion in Iraqi
revenues for reconstruction projects, including delivery of
essential services, on an equitable basis.
Sec. 1331. (a) Limitation on Availability of Funds.--None
of the funds provided by chapter 2 shall be available for
obligation or expenditure unless--
(1) the President submits to the Congress, on or before
July 13, 2007, the report required by section 1330; and
(2) a joint resolution of approval is enacted into law.
(b) Joint Resolution of Approval.--For purposes of this
section, the term ``joint resolution of approval'' means a
joint resolution that is introduced by the chairman of the
Committee on Appropriations of the House of Representatives
or the Senate on the first legislative day following the date
on which the report of the President required by section 1330
is received by the Congress, does not contain a preamble, and
the sole matter after the resolving clause of which (other
than as a result of the adoption of an amendment permitted
under subsection (f)) is as follows: ``That the Congress
approves the obligation and expenditure of funds provided by
chapter 2 of title I of the U.S. Troop Readiness, Veterans'
Care, Katrina Recovery, and Iraq Accountability
Appropriations Act, 2007.''.
(c) Referral to Committees.--A joint resolution of approval
introduced in the House of Representatives shall be referred
to the Committee on Appropriations of the House, and a joint
resolution of approval introduced in the Senate shall be
referred to the Committee on Appropriations of the Senate.
(d) Consideration by Committees.--A joint resolution of
approval shall not be subject to amendment during
consideration by the Committee on Appropriations of the House
of Representatives or the Senate.
(e) Discharge of Committees.--If the committee of either
House to which a joint resolution of approval has been
referred has not reported the joint resolution at the end of
4 legislative days after its introduction, the committee
shall be discharged from further consideration of the joint
resolution, and the joint resolution shall be placed on the
appropriate calendar of the House involved.
(f) Floor Consideration in House of Representatives.--For
purposes of the House of Representatives:
(1) In general.--Not later than the second legislative day
following the date on which the Committee on Appropriations
has reported (or has been discharged from further
consideration of) a joint resolution of approval, the Speaker
shall, pursuant to clause 2(b) of rule XVIII, declare the
House resolved into the Committee of the Whole House on the
state of the Union for consideration of the joint resolution.
The first reading of the joint resolution shall be dispensed
with. All points of order against the joint resolution and
against its consideration shall be waived. General debate
shall be confined to the joint resolution and shall not
exceed 2 hours equally divided and controlled by the chairman
and ranking minority member of the Committee on
Appropriations. After general debate, the joint resolution
shall be considered for amendment under the 5-minute rule. No
amendment to the joint resolution shall be in order, except
the amendment specified in paragraph (2). Such amendment
shall be considered as read, shall be debatable for 2 hours
equally divided and controlled by the proponent and an
opponent, shall not be subject to amendment, and shall not be
subject to a demand for division of the question in the House
or in the Committee of the Whole. All points of order against
such amendment are waived. At the conclusion of consideration
of the joint resolution for amendment, the Committee shall
rise and report the joint resolution to the House with such
amendment as may have been adopted. The previous question
shall be considered as ordered on the joint resolution and
amendment thereto to final passage without intervening
motion.
(2) Permitted amendment.--The amendment specified in
paragraph (1) is an amendment the sole matter of which is as
follows: providing that defense funding related to Iraq may
only be used to plan and execute the redeployment of troops
within 180 days of enactment of the joint resolution of
approval, with the exception of troops who are protecting
American diplomatic facilities and American citizens
(including members of the United States Armed Forces),
serving in roles consistent with customary diplomatic
positions, engaging in targeted special actions limited in
duration and scope to killing or capturing members of al-
Qaeda and other terrorist organizations with global reach, or
training and equipping members of the Iraqi Security Forces.

[[Page H4814]]

(3) Permitted motions.--During consideration of a joint
resolution of approval--
(A) the Chairman of the Committee of the Whole may
entertain a motion that the Committee rise only if offered by
the chairman of the Committee on Appropriations or a
designee; and
(B) the Chairman of the Committee of the Whole may not
entertain any motion to strike out the resolving words of the
joint resolution (as described in clause 9 of rule XVIII).
(4) Further consideration.--If the Committee of the Whole
rises and reports that it has come to no resolution on a
joint resolution of approval, then on the next legislative
day the House shall, immediately after the third daily order
of business under clause 1 of rule XIV, resolve into the
Committee on the Whole for further consideration of the joint
resolution.
(5) Appeals.--Appeals from the decisions of the Chair
relating to the application of the rules of the House to the
procedures relating to a joint resolution of approval shall
be decided without debate.
(g) Floor Consideration in Senate.--For purposes of the
Senate:
(1) In general.--When the Committee on Appropriations has
reported (or has been discharged from further consideration
of) a joint resolution of approval, it shall be in order
(even though a previous motion to the same effect has been
disagreed to) for any Senator to move to proceed to the
consideration of the joint resolution. All points of order
against the joint resolution (and against consideration of
the joint resolution) shall be waived. The motion shall be
privileged and not debatable. The motion shall not be subject
to amendment, a motion to postpone, or a motion to proceed to
the consideration of other business. A motion to reconsider
the vote by which the motion is agreed to or disagreed to
shall not be in order. If a motion to proceed to the
consideration of the joint resolution is agreed to, the joint
resolution shall remain the unfinished business of the Senate
until disposed of.
(2) Debate.--Debate on a joint resolution of approval, and
on all debatable motions and appeals in connection therewith,
shall be limited to not more than 10 hours, which shall be
equally divided and controlled by the chairman and ranking
minority member of the Committee on Appropriations. A motion
to further limit debate shall be in order and shall not be
debatable, but such motion shall not be in order until after
5 hours of debate. An amendment to the joint resolution shall
not be in order. A motion to table, postpone, proceed to
other business, or recommit the joint resolution shall not be
in order. A motion to reconsider the vote by which the joint
resolution is agreed to or disagreed to shall not be in
order.
(3) Final passage.--Immediately following the conclusion of
the debate on a joint resolution of approval, and a single
quorum call at the conclusion of the debate if requested in
accordance with the rules of the Senate, the vote on final
passage of the joint resolution shall occur.
(4) Appeals.--Appeals from the decisions of the Chair
relating to the application of the rules of the Senate
relating to the procedures relating to a joint resolution of
approval shall be decided without debate.
(h) Consideration by Senate After Passage by House of
Representatives.--
(1) Prior to senate passage.--If, before passage by the
Senate of a joint resolution of approval of the Senate, the
Senate receives from the House of Representatives a joint
resolution of approval, then the following procedures shall
apply:
(A) The joint resolution of the House shall not be referred
to a committee.
(B) With respect to a joint resolution of approval of the
Senate--
(I) the procedure in the Senate shall be the same as if no
joint resolution had been received from the House; but
(ii) the vote on final passage shall be on the joint
resolution of the House.
(C) Upon disposition of the joint resolution received from
the House, it shall no longer be in order to consider the
joint resolution that originated in the Senate.
(2) Following senate passage.--If the Senate receives from
the House of Representatives a joint resolution of approval
after the Senate has disposed of a Senate originated joint
resolution, and the matter after the resolving clauses of the
2 joint resolutions are identical, the action of the Senate
with regard to the disposition of the Senate originated joint
resolution shall be deemed to be the action of the Senate
with regard to the House originated joint resolution.
(i) Rules of House of Representatives and Senate.--
Subsections (b) through (h) are enacted by the Congress--
(1) as an exercise of the rulemaking power of the House of
Representatives and the Senate, respectively, and as such is
deemed a part of the rules of each House, respectively, and
such procedures supersede other rules only to the extent that
they are inconsistent with such other rules; and
(2) with the full recognition of the constitutional right
of either House to change the rules (so far as relating to
the procedures of that House) at any time, in the same
manner, and to the same extent as any other rule of that
House.

TITLE II--OTHER INTERNATIONAL AND SECURITY-RELATED FUNDING

CHAPTER 1

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'',
$268,000,000, of which $258,000,000 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'',
$12,166,000, 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.

CHAPTER 2

DEPARTMENT OF ENERGY

ATOMIC ENERGY DEFENSE ACTIVITIES

National Nuclear Security Administration

Defense Nuclear Nonproliferation

For an additional amount for ``Defense Nuclear
Nonproliferation'', $150,000,000, to remain available until
expended.

GENERAL PROVISION--THIS CHAPTER

(TRANSFER OF FUNDS)

Sec. 2201. 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 3

DEPARTMENT OF HOMELAND SECURITY

Analysis and Operations

For an additional amount for ``Analysis and Operations'',
$15,000,000, to remain available until September 30, 2008, to
be used for support of the State and Local Fusion Center
program.

United States Customs and Border Protection

SALARIES AND EXPENSES

(INCLUDING TRANSFER OF FUNDS)

For an additional amount for ``Salaries and Expenses'',
$115,000,000, to remain available until September 30, 2008,
to be used to increase the number of officers, intelligence
analysts and support staff responsible for container security
inspections, and for other efforts to improve supply chain
security: Provided, That up to $5,000,000 shall be
transferred to Federal Law Enforcement Training Center
``Salaries and Expenses'', for basic training costs.

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, $120,000,000, to remain available
until September 30, 2008.

United States Immigration and Customs Enforcement

Salaries and Expenses

For an additional amount for ``Salaries and Expenses'',
$10,000,000, to remain available until September 30, 2008.

Transportation Security Administration

Aviation Security

For an additional amount for ``Aviation Security'',
$970,000,000; of which $815,000,000 shall be for procurement
and installation of checked baggage explosives detection
systems, to remain available until expended; of which
$45,000,000 shall be for expansion of checkpoint explosives
detection pilot systems, to remain available until expended;
and of which $110,000,000 shall be for air cargo security, to
remain available until September 30, 2009.

Federal Air Marshals

For an additional amount for ``Federal Air Marshals'',
$8,000,000, to remain available until September 30, 2008.

[[Page H4815]]

National Protection and Programs

Infrastructure Protection and Information Security

For an additional amount for ``Infrastructure Protection
and Information Security'', $37,000,000, to remain available
until September 30, 2008.

Office of Health Affairs

For an additional amount for ``Office of Health Affairs''
for nuclear event public health assessment and planning and
other activities, $15,000,000, to remain available until
September 30, 2008.

Federal Emergency Management Agency

Management and Administration

For expenses for management and administration of the
Federal Emergency Management Agency, $25,000,000, to remain
available until September 30, 2008: Provided, 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'',
$552,500,000; of which $190,000,000 shall be for port
security grants pursuant to section 70107(l) of title 46,
United States Code; of which $325,000,000 shall be for
intercity rail passenger transportation, freight rail, and
transit security grants; of which $35,000,000 shall be for
regional grants and regional technical assistance to high
risk urban areas for catastrophic event planning and
preparedness; and of which $2,500,000 shall be for technical
assistance: 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 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'', $100,000,000.

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, $10,000,000, 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, $10,000,000, 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, $39,000,000, to remain
available until expended.

SYSTEMS ACQUISITION

For an additional amount for ``Systems Acquisition'',
$223,500,000, 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. 2301. (a) Amendments.--Section 550 of the Department
of Homeland Security Appropriations Act, 2007 (6 U.S.C. 121
note) is amended by--
(1) in subsection (c), by striking ``consistent with
similar'' and inserting ``identical to the protections
given'';
(2) in subsection (c), by striking ``, site security plans,
and other information submitted to or obtained by the
Secretary under this section, and related vulnerability or
security information, shall be treated as if the information
were classified material'' and inserting ``and site security
plans shall be treated as sensitive security information (as
that term is used in section 1520.5 of title 49, Code of
Federal Regulations, or any subsequent regulations relating
to the same matter)''; and
(3) by adding at the end of the section the following:
``(h) This section shall not preclude or deny any right of
any State or political subdivision thereof to adopt or
enforce any regulation, requirement, or standard of
performance with respect to chemical facility security that
is more stringent than a regulation, requirement, or standard
of performance issued under this section, or otherwise impair
any right or jurisdiction of any State with respect to
chemical facilities within that State.''.
(b) Regulatory Clarification.--Not later than 60 days after
the date of the enactment of this Act, the Secretary of
Homeland Security shall update the regulations administered
by the Secretary that govern sensitive security information,
including 49 CFR 1520, to ensure the protection of all
information required to be protected under section 550(c) of
the Department of Homeland Security Appropriations Act, 2007
(6 U.S.C. 121 note), as amended by paragraph (a).
Sec. 2302. 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. 2303. 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 4

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 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 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 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.

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

[[Page H4816]]

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 Senate.

GENERAL PROVISIONS--THIS CHAPTER

Sec. 2501. 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. 2502. 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.

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'', $870,658,000, to remain available until September
30, 2008, of which $96,500,000 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 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 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 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'' for emergency
evacuations: 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'', $36,500,000, to remain available until December
31, 2008: Provided, That $35,000,000 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 to International Organizations

For an additional amount for ``Contributions to
International Organizations'', $50,000,000, to remain
available until September 30, 2008.

Contributions for International Peacekeeping Activities

For an additional amount for ``Contributions for
International Peacekeeping Activities'', $288,000,000, 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'', $165,000,000, 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'',
$8,700,000, 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'',
$2,649,300,000, 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'', $229,000,000, to remain
available until September 30, 2008, for assistance for
Kosovo.

Department of State

Democracy Fund

For an additional amount for ``Democracy Fund'',
$260,000,000, 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

(including rescission of funds)

For an additional amount for ``International Narcotics
Control and Law Enforcement'', $257,000,000, 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.

[[Page H4817]]

Migration and Refugee Assistance

For an additional amount for ``Migration and Refugee
Assistance'', $130,500,000, 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'', $55,000,000, to
remain available until expended.

Nonproliferation, Anti-terrorism, Demining and Related Programs

For an additional amount for ``Nonproliferation, Anti-
Terrorism, Demining and Related Programs'', $57,500,000, 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'', $265,000,000, to remain available until September
30, 2008.

Peacekeeping Operations

For an additional amount for ``Peacekeeping Operations'',
$230,000,000, to remain available until September 30, 2008:
Provided, That of the funds appropriated under this heading,
not less than $40,000,000 shall be made available,
notwithstanding section 660 of the Foreign Assistance Act of
1961, for assistance for Liberia for security sector reform:
Provided further, 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 PROVISIONS--THIS CHAPTER

authorization of funds

Sec. 2601. Funds appropriated by this title 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)).

EXTENSION OF OVERSIGHT AUTHORITY

Sec. 2602. 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. 2603. (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. 2604. 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. 2605. 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. 2606. 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. 2607. (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

Sec. 2608. (a) Funds provided in this Act for the following
accounts shall be made available for programs and countries
in the amounts contained in the respective tables 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''.
``Economic Support Fund''.
``Democracy Fund''.
``International Narcotics Control and Law Enforcement''.
``Migration and Refugee Assistance''.
(b) Any proposed increases or decreases to the amounts
contained in the tables in the accompanying report 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. 2609. 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, except
for funds appropriated under the heading ``International
Disaster and Famine Assistance'': Provided, That funds
appropriated under the headings in this chapter, 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. 2610. None of the funds made available for assistance
for the central Government of

[[Page H4818]]

Pakistan under the heading ``Economic Support Fund'' in this
title 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 title, $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. 2611. 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 under this section shall
be subject to the regular notification procedures of the
Committees on Appropriations.

coordinator for iraq assistance

Sec. 2612. (a) Coordinator for Iraq Assistance.--Not later
than 30 days after the date of the enactment of this Act, the
President shall appoint a Coordinator for Iraq Assistance
(hereinafter in this section referred to as the
``Coordinator''), by and with the advice and consent of the
Senate, who shall report directly to the President.
(b) Duties.--The Coordinator shall be responsible for--
(1) developing and implementing an overall strategy for
political, economic, and military assistance for Iraq;
(2) coordinating and ensuring coherence of Iraq assistance
programs and policy among all departments and agencies of the
Government of the United States that are implementing
assistance programs in Iraq, including the Department of
State, the United States Agency for International
Development, the Department of Defense, the Department of the
Treasury, and the Department of Justice;
(3) working with the Government of Iraq in meeting the
benchmarks described in section 1904(a) of this Act in order
to ensure Iraq continues to be eligible to receive United
States assistance described in such section;
(4) coordinating with other donors and international
organizations that are providing assistance for Iraq;
(5) ensuring adequate management and accountability of
United States assistance programs for Iraq;
(6) resolving policy and program disputes among departments
and agencies of the United States Government that are
implementing assistance programs in Iraq; and
(7) coordinating United States assistance programs with the
reconstruction programs funded and implemented by the
Government of Iraq.
(c) Rank and Status.--The Coordinator shall have the rank
and status of ambassador.

TITLE III--ADDITIONAL HURRICANE DISASTER RELIEF AND RECOVERY

CHAPTER 1

DEPARTMENT OF AGRICULTURE

GENERAL PROVISION--THIS CHAPTER

Sec. 3101. 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 Hurricanes
Katrina and Rita: 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, $35,000,000, to remain available until
September 30, 2009.

GENERAL PROVISION--THIS CHAPTER

Sec. 3201. 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

[[Page H4819]]

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. 3304. 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 transfer of funds)

Of the unobligated balances under the heading ``Small
Business Administration, Disaster Loans Program Account'',
$25,069,000, 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 the unobligated balances under the heading ``Small
Business Administration, Disaster Loans Program Account'',
$25,000,000 shall be used for loans under section 7(b)(2) of
the Small Business Act for 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.

CHAPTER 5

DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

DISASTER RELIEF

(INCLUDING TRANSFER OF FUNDS)

For an additional amount for ``Disaster Relief'',
$4,610,000,000, to remain available until expended: Provided,
That $4,000,000 shall be transferred to ``Office of Inspector
General''.

GENERAL PROVISIONS--THIS CHAPTER

Sec. 3501. (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.--The Federal share provided by
subsection (a) shall apply to disaster assistance applied for
before the date of enactment of this Act.
Sec. 3502. (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. 3503. (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. 3601. 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.

Hurricane Education Recovery

[[Page H4820]]

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. 3701. 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. 3702. 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. 3703. (a) In the event that Louisiana, Mississippi,
Alabama, or Texas fails to meet its match requirement with
funds appropriated in fiscal years 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, $682,942,000, 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, $682,942,000 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. 3801. 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. 3802. 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. 3803. Section 901 of Public Law 109-148 is amended by
deleting ``calendar year 2006'' and inserting ``calendar
years 2006 and 2007''.

[[Page H4821]]

TITLE IV--OTHER EMERGENCY APPROPRIATIONS

CHAPTER 1

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-
1962-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 Declaration FEMA-1962-DR, $500,000
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.

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 2

DEPARTMENT OF THE INTERIOR

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.

CHAPTER 3

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.

Administration for Children and Families

LOW-INCOME HOME ENERGY ASSISTANCE

For an additional amount for ``Low-Income Home Energy
Assistance'' under section 2604(a) through (d) of the Low-
Income Home Energy Assistance Act of 1981 (42 U.S.C. 8623(a)
through (d)), $200,000,000.
For an additional amount for ``Low-Income Home Energy
Assistance'' under section 2604(e) of the Low-Income Home
Energy Assistance Act of 1981 (42 U.S.C. 8623(e)),
$200,000,000.

Office of the Secretary

PUBLIC HEALTH AND SOCIAL SERVICES EMERGENCY FUND

(INCLUDING TRANSFER OF FUNDS)

For an additional amount for ``Public Health and Social
Services Emergency Fund'' to prepare for and respond to an
influenza pandemic, $625,000,000, to remain available until
expended: Provided, That this amount shall be for activities
including the development and purchase of vaccine,
antivirals, necessary medical supplies, diagnostics, and
other surveillance tools: Provided further, That products
purchased with these funds may, at the discretion of the
Secretary of Health and Human Services, be deposited in the
Strategic National Stockpile: Provided further, That
notwithstanding section 496(b) of the Public Health Service
Act, funds may be used for the construction or renovation of
privately owned facilities for the production of pandemic
vaccine and other biologicals, where the Secretary finds such
a contract necessary to secure sufficient supplies of such
vaccines or biologicals: Provided further, That funds
appropriated herein may be transferred to other appropriation
accounts of the Department of Health and Human Services, as
determined by the Secretary to be appropriate, to be used for
the purposes specified in this sentence.

COVERED COUNTERMEASURE PROCESS FUND

For carrying out section 319F-4 of the Public Health
Service Act (42 U.S.C. 247d-6e) to compensate individuals for
injuries caused by H5N1 vaccine, in accordance with the
declaration regarding avian influenza viruses issued by the
Secretary of Health and Human Services on January 26, 2007,
pursuant to section 319F-3(b) of such Act (42 U.S.C. 247d-
6d(b)), $25,000,000, to remain available until expended.

GENERAL PROVISIONS--THIS CHAPTER

(including rescissions)

Sec. 4301. (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. 4302. (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.

CHAPTER 4

LEGISLATIVE BRANCH

CAPITOL POLICE

General Expenses

For an additional amount for ``Capitol Police, General
Expenses'', $15,000,000 for a radio modernization program, to
remain available until expended.

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 5

DEPARTMENT OF VETERANS AFFAIRS

Veterans Health Administration

MEDICAL SERVICES

For an additional amount for ``Medical Services'',
$466,778,000, to remain available

[[Page H4822]]

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 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. 4501. 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 ten years.
Sec. 4502. 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. 4503. (a)(1) Notwithstanding any other provision of
law, the Secretary of Veterans Affairs (referred to in this
section as the ``Secretary'') may convey to the State of
Texas, without consideration, all right, 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--
(1) shall not be required to comply with, and shall not be
held liable under, any Federal law (including a regulation)
relating to the environment or historic preservation; but
(2) may, at the discretion of the Secretary, 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.

TITLE V--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. 5101. 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. 5102. 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. 5201. 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. 5202. 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

[[Page H4823]]

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. 5306. (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.
Sec. 5307. 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 division 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.''.

CHAPTER 4

DEPARTMENT OF HOMELAND SECURITY

GENERAL PROVISIONS--THIS CHAPTER

Sec. 5401. 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.
Sec. 5402. (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, including
an independent cost estimate for each;
(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. 5403. 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, the Coast Guard Academy and the Coast Guard Research
and Development Center, except as specifically authorized by
a statute enacted after the date of enactment of this Act.

(including rescissions of funds)

[[Page H4824]]

those of similarly structured cabinet-level agencies.
Sec. 5405. (a) In General.--With respect to contracts
entered into after June 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 June 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. 5501. 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. 5502. 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. 5503. 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. 5504. 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 rescission)

Sec. 5601. 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. 5602. 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. 5603. 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. 5604. 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, $1,000,000
are rescinded.
Sec. 5605. 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. 5606. 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. 5607. 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. 5608. (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) Notwithstanding subsection (a), any vehicle used to
transport children for a Head Start program as of January 1,
2007, shall not be subject to a requirement under such
section (including a requirement based on the definitions set
forth or referenced in section 1310.3 or any other provision
set forth or referenced in part 1310 of such title, or any
corresponding similar regulation or ruling) regarding rear
emergency exit doors, for 1 year after that date of
enactment.
(2) 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).
(3) Notwithstanding subsection (a), until such date as the
Secretary of Health and

[[Page H4825]]

Human Services completes the review and any necessary
revision specified in paragraph (2), 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 (2).
Sec. 5609. (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. 5610. (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. 5611. (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. 5612. (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.

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.

CHAPTER 8

GENERAL PROVISIONS--THIS CHAPTER

TECHNICAL AMENDMENT

Sec. 5801. (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. 5802. 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

[[Page H4826]]

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. 5903. 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. 5904. 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.''.

CHAPTER 10

GENERAL PROVISIONS--THIS ACT

AVAILABILITY OF FUNDS

Sec. 5951. No part of any appropriation contained in this
Act shall remain available for obligation beyond the current
fiscal year unless expressly so provided herein.

DESIGNATION FOR TITLES I and II

Sec. 5952. Amounts in titles I and II are designated as
emergency requirements pursuant to section 402 of H. Con.
Res. 95 (109th Congress), and as making appropriations for
contingency operations directly related to the global war on
terrorism and other unanticipated defense-related operations
pursuant to section 402 of H. Con. Res. 376 (109th Congress)
as made applicable to the House of Representatives by section
511(a)(4) of H. Res. 6 (110th Congress).

EMERGENCY DESIGNATION FOR OTHER TITLES

Sec. 5953. Amounts in titles III, IV, and VI are designated
as emergency requirements pursuant to section 402 of H. Con.
Res. 95 (109th Congress), and pursuant to section 501 of H.
Con. Res. 376 (109th Congress) as made applicable to the
House of Representatives by section 511(a)(4) of H. Res. 6
(110th Congress).

TITLE VI--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. 6001. (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. 6002. (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.
(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)).

[[Page H4827]]

TITLE VII--FAIR MINIMUM WAGE AND TAX RELIEF

Subtitle A--Fair Minimum Wage

SEC. 7101. SHORT TITLE.

This subtitle may be cited as the ``Fair Minimum Wage Act
of 2007''.

SEC. 7102. 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. 7103. 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. 7104. STUDY ON PROJECTED IMPACT.

(a) Study.--Beginning on the date that is 26 months 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 assess the impact of the wage increases
required by this Act through such date; and
(2) to 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 32 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. 7201. 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. 7201. Short title; amendment of Code; table of contents.

Part 1--Small Business Tax Relief Provisions

Subpart A--General provisions

Sec. 7211. Extension and modification of work opportunity tax credit.
Sec. 7212. Extension and increase of expensing for small business.
Sec. 7213. Determination of credit for certain taxes paid with respect
to employee cash tips.
Sec. 7214. 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. 7215. Family business tax simplification.

Subpart B--Gulf Opportunity Zone tax incentives

Sec. 7221. Extension of increased expensing for qualified section 179
Gulf Opportunity Zone property.
Sec. 7222. Extension and expansion of low-income housing credit rules
for buildings in the GO Zones.
Sec. 7223. Special tax-exempt bond financing rule for repairs and
reconstructions of residences in the GO Zones.
Sec. 7224. GAO study of practices employed by State and local
governments in allocating and utilizing tax incentives
provided pursuant to the Gulf Opportunity Zone Act of
2005.

Subpart C--Subchapter S provisions

Sec. 7231. Capital gain of S corporation not treated as passive
investment income.
Sec. 7232. Treatment of bank director shares.
Sec. 7233. Special rule for bank required to change from the reserve
method of accounting on becoming S corporation.
Sec. 7234. Treatment of the sale of interest in a qualified subchapter
S subsidiary.
Sec. 7235. Elimination of all earnings and profits attributable to pre-
1983 years for certain corporations.
Sec. 7236. Deductibility of interest expense on indebtedness incurred
by an electing small business trust to acquire S
corporation stock.

Part 2--Revenue Provisions

Sec. 7241. Increase in age of children whose unearned income is taxed
as if parent's income.
Sec. 7242. Suspension of certain penalties and interest.
Sec. 7243. Modification of collection due process procedures for
employment tax liabilities.
Sec. 7244. Permanent extension of IRS user fees.
Sec. 7245. Increase in penalty for bad checks and money orders.
Sec. 7246. Understatement of taxpayer liability by return preparers.
Sec. 7247. Penalty for filing erroneous refund claims.
Sec. 7248. Time for payment of corporate estimated taxes.

PART 1--SMALL BUSINESS TAX RELIEF PROVISIONS

Subpart A--General Provisions

SEC. 7211. 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

[[Page H4828]]

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. 7212. 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. 7213. 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. 7214. 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. 7215. 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. 7221. 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. 7222. 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. 7223. SPECIAL TAX-EXEMPT BOND FINANCING RULE FOR REPAIRS
AND RECONSTRUCTIONS OF RESIDENCES IN THE GO
ZONES.

[[Page H4829]]

(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. 7224. 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. 7231. 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. 7232. 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. 7233. 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. 7234. 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. 7235. 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.

[[Page H4830]]

SEC. 7236. 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. 7241. 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. 7242. 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. 7243. 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. 7244. PERMANENT EXTENSION OF IRS USER FEES.

Section 7528 (relating to Internal Revenue Service user
fees) is amended by striking subsection (c).

SEC. 7245. 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. 7246. 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

[[Page H4831]]

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. 7247. 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. 7248. 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''.

The SPEAKER pro tempore. Pursuant to House Resolution 387, the
amendment printed in part A of House Report 110-143 is adopted and the
bill, as amended, is considered read.
The text of the bill, as amended, is as follows:

H.R. 2206

Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,

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:

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--FUNDING FOR MILITARY OPERATIONS IN IRAQ AND AFGHANISTAN

CHAPTER 1--IMMEDIATE FUNDING NEEDS

DEPARTMENT OF DEFENSE--MILITARY

MILITARY PERSONNEL

Military Personnel, Army

For an additional amount for ``Military Personnel, Army'',
$4,528,215,000.

Military Personnel, Navy

For an additional amount for ``Military Personnel, Navy'',
$754,347,000.

Military Personnel, Marine Corps

For an additional amount for ``Military Personnel, Marine
Corps'', $802,391,000.

Military Personnel, Air Force

For an additional amount for ``Military Personnel, Air
Force'', $689,944,000.

Reserve Personnel, Army

For an additional amount for ``Reserve Personnel, Army'',
$73,622,000.

Reserve Personnel, Navy

For an additional amount for ``Reserve Personnel, Navy'',
$44,623,000.

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'', $7,573,000.

National Guard Personnel, Army

For an additional amount for ``National Guard Personnel,
Army'', $314,091,000.

National Guard Personnel, Air Force

For an additional amount for ``National Guard Personnel,
Air Force'', $19,533,000.

OPERATION AND MAINTENANCE

Operation and Maintenance, Army

For an additional amount for ``Operation and Maintenance,
Army'', $15,400,000,000.

Operation and Maintenance, Navy

For an additional amount for ``Operation and Maintenance,
Navy'', $2,338,335,000.

Operation and Maintenance, Marine Corps

For an additional amount for ``Operation and Maintenance,
Marine Corps'', $573,297,000.

Operation and Maintenance, Air Force

For an additional amount for ``Operation and Maintenance,
Air Force'', $3,325,441,000.

Operation and Maintenance, Defense-Wide

For an additional amount for ``Operation and Maintenance,
Defense-Wide'', $1,357,244,000.

Operation and Maintenance, Army Reserve

For an additional amount for ``Operation and Maintenance,
Army Reserve'', $37,025,000.

Operation and Maintenance, Navy Reserve

For an additional amount for ``Operation and Maintenance,
Navy Reserve'', $55,533,000.

Operation and Maintenance, Marine Corps Reserve

For an additional amount for ``Operation and Maintenance,
Marine Corps Reserve'', $6,796,000.

Operation and Maintenance, Air Force Reserve

For an additional amount for ``Operation and Maintenance,
Air Force Reserve'', $5,080,000.

Operation and Maintenance, Army National Guard

For an additional amount for ``Operation and Maintenance,
Army National Guard'', $41,785,000.

Operation and Maintenance, Air National Guard

For an additional amount for ``Operation and Maintenance,
Air National Guard'', $19,215,000.

Afghanistan Security Forces Fund

For an additional amount for ``Afghanistan Security Forces
Fund'', $2,953,200,000.

Iraq Security Forces Fund

For an additional amount for ``Iraq Security Forces Fund'',
$1,921,150,000.

Joint Improvised Explosive Device Defeat Fund

For an additional amount for ``Joint Improvised Explosive
Device Defeat Fund'', $1,216,400,000, to remain available
until September 30, 2008.

PROCUREMENT

Other Procurement, Army

Other Procurement, Navy

For an additional amount for ``Other Procurement, Navy'',
$130,040,000, to remain

[[Page H4832]]

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

Other Procurement, Air Force

Procurement, Defense-Wide

OTHER DEPARTMENT OF DEFENSE PROGRAMS

Defense Health Program

(including transfer of funds)

CHAPTER 2--ADDITIONAL FUNDING

DEPARTMENT OF DEFENSE--MILITARY

MILITARY PERSONNEL

Military Personnel, Army

For an additional amount for ``Military Personnel, Army'',
$4,325,135,000.

Military Personnel, Navy

For an additional amount for ``Military Personnel, Navy'',
$346,063,000.

Military Personnel, Marine Corps

For an additional amount for ``Military Personnel, Marine
Corps'', $693,436,000.

Military Personnel, Air Force

For an additional amount for ``Military Personnel, Air
Force'', $528,643,000.

Reserve Personnel, Army

For an additional amount for ``Reserve Personnel, Army'',
$98,163,000.

Reserve Personnel, Navy

For an additional amount for ``Reserve Personnel, Navy'',
$41,400,000.

Reserve Personnel, Air Force

For an additional amount for ``Reserve Personnel, Air
Force'', $4,000,000.

National Guard Personnel, Army

For an additional amount for ``National Guard Personnel,
Army'', $231,195,000.

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'', $4,973,379,000.

Operation and Maintenance, Navy

(including transfer of funds)

Operation and Maintenance, Marine Corps

For an additional amount for ``Operation and Maintenance,
Marine Corps'', $573,297,000.

Operation and Maintenance, Air Force

For an additional amount for ``Operation and Maintenance,
Air Force'', $3,325,441,000.

Operation and Maintenance, Defense-Wide

Operation and Maintenance, Army Reserve

For an additional amount for ``Operation and Maintenance,
Army Reserve'', $37,025,000.

Operation and Maintenance, Navy Reserve

For an additional amount for ``Operation and Maintenance,
Navy Reserve'', $55,533,000.

Operation and Maintenance, Marine Corps Reserve

For an additional amount for ``Operation and Maintenance,
Marine Corps Reserve'', $6,796,000.

Operation and Maintenance, Air Force Reserve

For an additional amount for ``Operation and Maintenance,
Air Force Reserve'', $5,080,000.

Operation and Maintenance, Army National Guard

For an additional amount for ``Operation and Maintenance,
Army National Guard'', $41,785,000.

Operation and Maintenance, Air National Guard

For an additional amount for ``Operation and Maintenance,
Air National Guard'', $19,215,000.

Afghanistan Security Forces Fund

For an additional amount for ``Afghanistan Security Forces
Fund'', $2,953,200,000, to remain available until September
30, 2008.

Iraq Security Forces Fund

For an additional amount for ``Iraq Security Forces Fund'',
$1,921,150,000, to remain available until September 30, 2008.

Iraq Freedom Fund

(including transfer of funds)

Joint Improvised Explosive Device Defeat Fund

For an additional amount for ``Joint Improvised Explosive
Device Defeat Fund'', $1,216,400,000, to remain available
until September 30, 2009.

Strategic Reserve Readiness Fund

(INCLUDING TRANSFER OF FUNDS)

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.

[[Page H4833]]

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'', $1,315,526,000.

National Defense Sealift Fund

For an additional amount for ``National Defense Sealift
Fund'', $5,000,000.

OTHER DEPARTMENT OF DEFENSE PROGRAMS

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.

CHAPTER 3--GENERAL PROVISIONS, THIS TITLE

Sec. 1301. Appropriations provided in this title are
available for obligation until September 30, 2007, unless
otherwise provided in this title.

(transfer of funds)

(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 title 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 title 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 title 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. 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. 1312. 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

[[Page H4834]]

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. 1313. (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. 1314. None of the funds appropriated or otherwise made
available by this title 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. 1315. Not more than 85 percent of the funds
appropriated in chapter 2 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. 1316. 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. 1317. Section 9007 of Public Law 109-289 is amended by
striking ``20'' and inserting ``287''.
Sec. 1318. (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. 1319. 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.
Sec. 1320. (a) Independent Assessment of Capabilities of
Iraqi Security Forces.--Of the amount appropriated or
otherwise made available for the Department of Defense,
$750,000 is provided to 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:
(1) 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 12-18 months, and bringing an end to sectarian
violence to achieve national reconciliation.
(2) The training; equipping; command, control and
intelligence capabilities; and logistics capacity of the ISF.
(3) 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

[[Page H4835]]

fulfill the missions outlined in subparagraph (1).
(b) Report.--Not later than 120 days after passage 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, and
Intelligence.
Sec. 1321. (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. 1324. Notwithstanding any other provision of law
(except section 1331 of this Act), 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 in chapter 2 as follows:
``Military Personnel, Army'', $70,000,000.
``National Guard Personnel, Army'', $13,183,000.
``Defense Health Program'', $26,817,000.
Sec. 1325. 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 title under the heading
``Operations and Maintenance, Defense-Wide'' to make grants
and supplement other Federal funds to provide special
assistance to local education agencies in districts adversely
affected by significant changes in the military population.
Sec. 1326. (a) Findings.--Congress finds the following:
(1) Congress has appropriated over $15 billion to train and
equip the security forces of Iraq since April 2004.
(2) The Administration has reported in the March 2007
report entitled ``Measuring Stability and Security in Iraq''
that the number of Iraqi security forces nearing combat
proficiency is 328,700.
(3) The Iraqi security forces continue to be trained to
achieve the highest level of combat efficiency in order to
provide for the security and stability of the Iraqi people.
(b) Sense of Congress.--It is the sense of Congress that--
(1) as battalions of the Iraqi security forces achieve a
level of combat proficiency such that they can conduct
independent combat operations without support from Coalition
forces in Iraq, units of the United States Armed Forces
should be redeployed from Iraq; and
(2) regular, accurate accounts of the combat proficiency of
battalions of the Iraqi security forces are necessary for the
American public to gauge the development of the Iraqi
security forces.
(c) Report on Combat Proficiency of Iraqi Security
Forces.--The President shall transmit to the appropriate
congressional committees each month a report in classified
and unclassified form that contains an accounting of the
number of battalions of the security forces of Iraq at each
level of combat proficiency described in subsection (d).
(d) Levels of Combat Proficiency.--The levels of combat
proficiency referred to in subsection (c) are the following:
(1) Level 1 means a battalion that can conduct independent
combat operations without support from Coalition forces in
Iraq.
(2) Level 2 means a battalion that can conduct independent
combat operations, but only with logistical support, or non-
combat-related support from Coalition forces in Iraq.
(3) Level 3 means a battalion that can participate in
combat operations alongside Coalition forces, but cannot
conduct independent combat operations without direct combat
support from Coalition forces in Iraq.
(4) Level 4 means a battalion that cannot participate in
combat operations, even with support from Coalition forces in
Iraq.
(e) Comparison of Data.--The report shall include a
comparison of data from each previous report with respect to
each battalion of the security forces of Iraq.
(f) Public Notification.--The President shall ensure that
the unclassified form of each report required by this section
is made available on the main public Internet Web site of the
Department of Defense not later than 10 days after the date
on which the report is transmitted to the appropriate
congressional committees, and that a link to the accounting
in the report is made available on the homepage of such
Internet Web site.
(g) Definition.--As used in this section, the term
``appropriate congressional committees'' means--
(1) the Committee on Appropriations, the Committee on Armed
Services, and the Permanent Select Committee on Intelligence
of the House of Representatives; and
(2) the Committee on Appropriations, the Committee on Armed
Services, and the Select Committee on Intelligence of the
Senate.
(h) Effective Date.--The requirement to transmit and make
available reports under this section shall apply with respect
to the first month beginning after the date of the enactment
of this Act and to each subsequent month thereafter until the
President determines and certifies to the appropriate
congressional committees that the security forces of Iraq
have achieved combat proficiency to the extent necessary to
combat the insurgency in Iraq.
Sec. 1327. (a) Congress finds that it is Defense Department
policy that units should not be deployed for combat unless
they are rated ``fully mission capable''.
(b) None of the funds appropriated or otherwise made
available in this or any other Act may be used to deploy any
unit of the Armed Forces to Iraq unless the President has
certified in writing to the Committees on Appropriations and
the Committees on Armed Services at least 15 days in advance
of the deployment that the unit is fully mission capable.
(c) For purposes of subsection (b), the term ``fully
mission capable'' means capable of performing assigned
mission essential tasks to prescribed standards under the
conditions expected in the theater of operations, consistent
with the guidelines set forth in the Department of Defense
readiness reporting system.
(d) The President, by certifying in writing to the
Committees on Appropriations and the Committees on Armed
Services that the deployment to Iraq of a unit that is not
assessed fully mission capable is required for reasons of
national security and by submitting along with the
certification a report in classified and unclassified form
detailing the particular reason or reasons why the unit's
deployment is necessary, may waive the limitation prescribed
in subsection (b) on a unit-by-unit basis.
Sec. 1328. (a) Congress finds that it is Defense Department
policy that Army, Army Reserve, and National Guard units
should not be deployed for combat beyond 365 days or that
Marine Corps and Marine Corps Reserve units should not be
deployed for combat beyond 210 days.
(b) None of the funds appropriated or otherwise made
available in this or any other Act may be obligated or
expended to initiate the development of, continue the
development of, or execute any order that has the effect of
extending the deployment for Operation Iraqi Freedom of--
(1) any unit of the Army, Army Reserve or Army National
Guard beyond 365 days; or
(2) any unit of the Marine Corps or Marine Corps Reserve
beyond 210 days.
(c) The limitation prescribed in subsection (b) shall not
be construed to require force levels in Iraq to be decreased
below the total United States force levels in Iraq prior to
January 10, 2007.
(d) The President, by certifying in writing to the
Committees on Appropriations and the Committees on Armed
Services that the extension of a unit's deployment in Iraq
beyond the periods specified in subsection (b) is required
for reasons of national security and by submitting along with
the certification a report in classified and unclassified
form detailing the particular reason or reasons why the
unit's extended deployment is necessary, may waive the
limitations prescribed in subsection (b) on a unit-by-unit
basis.
Sec. 1329. (a) Congress finds that it is Defense Department
policy that Army, Army Reserve, and National Guard units
should not be redeployed for combat if the unit has been
deployed within the previous 365 consecutive days or that
Marine Corps and Marine Corps Reserve units should not be
redeployed for combat if the unit has been deployed within
the previous 210 days.
(b) None of the funds appropriated or otherwise made
available in this or any other Act may be obligated or
expended to initiate the development of, continue the
development of, or execute any order that has the effect of
deploying for Operation Iraqi Freedom of--
(1) any unit of the Army, Army Reserve or Army National
Guard if such unit has been deployed within the previous 365
consecutive days; or
(2) any unit of the Marine Corps or Marine Corps Reserve if
such unit has been deployed within the previous 210
consecutive days.
(c) The limitation prescribed in subsection (b) shall not
be construed to require force levels in Iraq to be decreased
below the total United States force levels in Iraq prior to
January 10, 2007.
(d) The President, by certifying in writing to the
Committees on Appropriations and the Committees on Armed
Services that the redeployment of a unit to Iraq in advance
of the periods specified in subsection (b) is required for
reasons of national security and by submitting along with the
certification a

[[Page H4836]]

report in classified and unclassified form detailing the
particular reason or reasons why the unit's redeployment is
necessary, may waive the limitations prescribed in subsection
(b) on a unit-by-unit basis.
Sec. 1330. The President shall transmit to the Congress a
report in classified and unclassified form, on or before July
13, 2007, detailing--
(1) the progress the Government of Iraq has made in--
(A) giving the United States Armed Forces and Iraqi
Security Forces the authority to pursue all extremists,
including Sunni insurgents and Shiite militias;
(B) delivering necessary Iraqi Security Forces for Baghdad
and protecting such Forces from political interference;
(C) intensifying efforts to build balanced security forces
throughout Iraq that provide even-handed security for all
Iraqis;
(D) ensuring that Iraq's political authorities are not
undermining or making false accusations against members of
the Iraqi Security Forces;
(E) eliminating militia control of local security;
(F) establishing a strong militia disarmament program;
(G) ensuring fair and just enforcement of laws;
(H) establishing political, media, economic, and service
committees in support of the Baghdad Security Plan;
(I) eradicating safe havens;
(J) reducing the level of sectarian violence in Iraq; and
(K) ensuring that the rights of minority political parties
in the Iraqi Parliament are protected; and
(2) whether the Government of Iraq has--
(A) enacted a broadly accepted hydro-carbon law that
equitably shares oil revenues among all Iraqis;
(B) adopted legislation necessary for the conduct of
provincial and local elections, taken steps to implement such
legislation, and set a schedule to conduct provincial and
local elections;
(C) reformed current laws governing the de-Baathification
process to allow for more equitable treatment of individuals
affected by such laws;
(D) amended the Constitution of Iraq consistent with the
principles contained in article 137 of such Constitution; and
(E) allocated and begun expenditure of $10 billion in Iraqi
revenues for reconstruction projects, including delivery of
essential services, on an equitable basis.
Sec. 1331. (a) Limitation on Availability of Funds.--None
of the funds provided by chapter 2 shall be available for
obligation or expenditure unless--
(1) the President submits to the Congress, on or before
July 13, 2007, the report required by section 1330; and
(2) a joint resolution of approval is enacted into law.
(b) Joint Resolution of Approval.--For purposes of this
section, the term ``joint resolution of approval'' means a
joint resolution that is introduced by the chairman of the
Committee on Appropriations of the House of Representatives
or the Senate on the first legislative day following the date
on which the report of the President required by section 1330
is received by the Congress, does not contain a preamble, and
the sole matter after the resolving clause of which (other
than as a result of the adoption of an amendment permitted
under subsection (f)) is as follows: ``That the Congress
approves the obligation and expenditure of funds provided by
chapter 2 of title I of the U.S. Troop Readiness, Veterans'
Care, Katrina Recovery, and Iraq Accountability
Appropriations Act, 2007.''.
(c) Referral to Committees.--A joint resolution of approval
introduced in the House of Representatives shall be referred
to the Committee on Appropriations of the House, and a joint
resolution of approval introduced in the Senate shall be
referred to the Committee on Appropriations of the Senate.
(d) Consideration by Committees.--A joint resolution of
approval shall not be subject to amendment during
consideration by the Committee on Appropriations of the House
of Representatives or the Senate.
(e) Discharge of Committees.--If the committee of either
House to which a joint resolution of approval has been
referred has not reported the joint resolution at the end of
4 legislative days after its introduction, the committee
shall be discharged from further consideration of the joint
resolution, and the joint resolution shall be placed on the
appropriate calendar of the House involved.
(f) Floor Consideration in House of Representatives.--For
purposes of the House of Representatives:
(1) In general.--Not later than the second legislative day
following the date on which the Committee on Appropriations
has reported (or has been discharged from further
consideration of) a joint resolution of approval, the Speaker
shall, pursuant to clause 2(b) of rule XVIII, declare the
House resolved into the Committee of the Whole House on the
state of the Union for consideration of the joint resolution.
The first reading of the joint resolution shall be dispensed
with. All points of order against the joint resolution and
against its consideration shall be waived. General debate
shall be confined to the joint resolution and shall not
exceed 2 hours equally divided and controlled by the chairman
and ranking minority member of the Committee on
Appropriations. After general debate, the joint resolution
shall be considered for amendment under the 5-minute rule. No
amendment to the joint resolution shall be in order, except
the amendment specified in paragraph (2). Such amendment
shall be considered as read, shall be debatable for 2 hours
equally divided and controlled by the proponent and an
opponent, shall not be subject to amendment, and shall not be
subject to a demand for division of the question in the House
or in the Committee of the Whole. All points of order against
such amendment are waived. At the conclusion of consideration
of the joint resolution for amendment, the Committee shall
rise and report the joint resolution to the House with such
amendment as may have been adopted. The previous question
shall be considered as ordered on the joint resolution and
amendment thereto to final passage without intervening
motion.
(2) Permitted amendment.--The amendment specified in
paragraph (1) is an amendment the sole matter of which is as
follows: providing that defense funding related to Iraq may
only be used to plan and execute the redeployment of troops
within 180 days of enactment of the joint resolution of
approval, with the exception of troops who are protecting
American diplomatic facilities and American citizens
(including members of the United States Armed Forces),
serving in roles consistent with customary diplomatic
positions, engaging in targeted special actions limited in
duration and scope to killing or capturing members of al-
Qaeda and other terrorist organizations with global reach, or
training and equipping members of the Iraqi Security Forces.
(3) Permitted motions.--During consideration of a joint
resolution of approval--
(A) the Chairman of the Committee of the Whole may
entertain a motion that the Committee rise only if offered by
the chairman of the Committee on Appropriations or a
designee; and
(B) the Chairman of the Committee of the Whole may not
entertain any motion to strike out the resolving words of the
joint resolution (as described in clause 9 of rule XVIII).
(4) Further consideration.--If the Committee of the Whole
rises and reports that it has come to no resolution on a
joint resolution of approval, then on the next legislative
day the House shall, immediately after the third daily order
of business under clause 1 of rule XIV, resolve into the
Committee on the Whole for further consideration of the joint
resolution.
(5) Appeals.--Appeals from the decisions of the Chair
relating to the application of the rules of the House to the
procedures relating to a joint resolution of approval shall
be decided without debate.
(g) Floor Consideration in Senate.--For purposes of the
Senate:
(1) In general.--When the Committee on Appropriations has
reported (or has been discharged from further consideration
of) a joint resolution of approval, it shall be in order
(even though a previous motion to the same effect has been
disagreed to) for any Senator to move to proceed to the
consideration of the joint resolution. All points of order
against the joint resolution (and against consideration of
the joint resolution) shall be waived. The motion shall be
privileged and not debatable. The motion shall not be subject
to amendment, a motion to postpone, or a motion to proceed to
the consideration of other business. A motion to reconsider
the vote by which the motion is agreed to or disagreed to
shall not be in order. If a motion to proceed to the
consideration of the joint resolution is agreed to, the joint
resolution shall remain the unfinished business of the Senate
until disposed of.
(2) Debate.--Debate on a joint resolution of approval, and
on all debatable motions and appeals in connection therewith,
shall be limited to not more than 10 hours, which shall be
equally divided and controlled by the chairman and ranking
minority member of the Committee on Appropriations. A motion
to further limit debate shall be in order and shall not be
debatable, but such motion shall not be in order until after
5 hours of debate. An amendment to the joint resolution shall
not be in order. A motion to table, postpone, proceed to
other business, or recommit the joint resolution shall not be
in order. A motion to reconsider the vote by which the joint
resolution is agreed to or disagreed to shall not be in
order.
(3) Final passage.--Immediately following the conclusion of
the debate on a joint resolution of approval, and a single
quorum call at the conclusion of the debate if requested in
accordance with the rules of the Senate, the vote on final
passage of the joint resolution shall occur.
(4) Appeals.--Appeals from the decisions of the Chair
relating to the application of the rules of the Senate
relating to the procedures relating to a joint resolution of
approval shall be decided without debate.
(h) Consideration by Senate After Passage by House of
Representatives.--
(1) Prior to senate passage.--If, before passage by the
Senate of a joint resolution of approval of the Senate, the
Senate receives from the House of Representatives a joint
resolution of approval, then the following procedures shall
apply:
(A) The joint resolution of the House shall not be referred
to a committee.
(B) With respect to a joint resolution of approval of the
Senate--
(I) the procedure in the Senate shall be the same as if no
joint resolution had been received from the House; but
(ii) the vote on final passage shall be on the joint
resolution of the House.

[[Page H4837]]

(C) Upon disposition of the joint resolution received from
the House, it shall no longer be in order to consider the
joint resolution that originated in the Senate.
(2) Following senate passage.--If the Senate receives from
the House of Representatives a joint resolution of approval
after the Senate has disposed of a Senate originated joint
resolution, and the matter after the resolving clauses of the
2 joint resolutions are identical, the action of the Senate
with regard to the disposition of the Senate originated joint
resolution shall be deemed to be the action of the Senate
with regard to the House originated joint resolution.
(i) Rules of House of Representatives and Senate.--
Subsections (b) through (h) are enacted by the Congress--
(1) as an exercise of the rulemaking power of the House of
Representatives and the Senate, respectively, and as such is
deemed a part of the rules of each House, respectively, and
such procedures supersede other rules only to the extent that
they are inconsistent with such other rules; and
(2) with the full recognition of the constitutional right
of either House to change the rules (so far as relating to
the procedures of that House) at any time, in the same
manner, and to the same extent as any other rule of that
House.

TITLE II--OTHER INTERNATIONAL AND SECURITY-RELATED FUNDING

CHAPTER 1

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

Drug Enforcement Administration

Salaries and Expenses

For an additional amount for ``Salaries and Expenses'',
$12,166,000, 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.

CHAPTER 2

DEPARTMENT OF ENERGY

ATOMIC ENERGY DEFENSE ACTIVITIES

National Nuclear Security Administration

Defense Nuclear Nonproliferation

For an additional amount for ``Defense Nuclear
Nonproliferation'', $150,000,000, to remain available until
expended.

GENERAL PROVISION--THIS CHAPTER

(TRANSFER OF FUNDS)

CHAPTER 3

DEPARTMENT OF HOMELAND SECURITY

Analysis and Operations

For an additional amount for ``Analysis and Operations'',
$15,000,000, to remain available until September 30, 2008, to
be used for support of the State and Local Fusion Center
program.

United States Customs and Border Protection

SALARIES AND EXPENSES

(INCLUDING TRANSFER OF FUNDS)

Air and Marine Interdiction, Operations, Maintenance, and Procurement

United States Immigration and Customs Enforcement

Salaries and Expenses

For an additional amount for ``Salaries and Expenses'',
$10,000,000, to remain available until September 30, 2008.

Transportation Security Administration

Aviation Security

Federal Air Marshals

For an additional amount for ``Federal Air Marshals'',
$8,000,000, to remain available until September 30, 2008.

National Protection and Programs

Infrastructure Protection and Information Security

For an additional amount for ``Infrastructure Protection
and Information Security'', $37,000,000, to remain available
until September 30, 2008.

Office of Health Affairs

For an additional amount for ``Office of Health Affairs''
for nuclear event public health assessment and planning and
other activities, $15,000,000, to remain available until
September 30, 2008.

Federal Emergency Management Agency

Management and Administration

State and Local Programs

EMERGENCY MANAGEMENT PERFORMANCE GRANTS

For an additional amount for ``Emergency Management
Performance Grants'', $100,000,000.

United States Citizenship and Immigration Services

Science and Technology

Research, Development, Acquisition, and Operations

For an additional amount for ``Research, Development,
Acquisition, and Operations'' for air cargo security
research, $10,000,000, to remain available until expended.

[[Page H4838]]

Domestic Nuclear Detection Office

Research, Development, and Operations

SYSTEMS ACQUISITION

GENERAL PROVISIONS--THIS CHAPTER

CHAPTER 4

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 5

DEPARTMENT OF DEFENSE

Military Construction, Army

Military Construction, Navy and Marine Corps

Military Construction, Air Force

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 Senate.

GENERAL PROVISIONS--THIS CHAPTER

CHAPTER 6

DEPARTMENT OF STATE AND RELATED AGENCY

DEPARTMENT OF STATE

Administration of Foreign Affairs

DIPLOMATIC AND CONSULAR PROGRAMS

(INCLUDING TRANSFER OF FUNDS)

[[Page H4839]]

States Commission on International Religious Freedom:
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 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'' for emergency evacuations: 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)

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 to International Organizations

For an additional amount for ``Contributions to
International Organizations'', $50,000,000, to remain
available until September 30, 2008.

Contributions for International Peacekeeping Activities

For an additional amount for ``Contributions for
International Peacekeeping Activities'', $288,000,000, 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)

International Disaster and Famine Assistance

For an additional amount for ``International Disaster and
Famine Assistance'', $165,000,000, 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'',
$8,700,000, 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

Assistance for Eastern Europe and the Baltic States

For an additional amount for ``Assistance for Eastern
Europe and the Baltic States'', $229,000,000, to remain
available until September 30, 2008, for assistance for
Kosovo.

Department of State

Democracy Fund

International Narcotics Control and Law Enforcement

(including rescission of funds)

Migration and Refugee Assistance

United States Emergency Refugee and Migration Assistance Fund

For an additional amount for ``United States Emergency
Refugee and Migration Assistance Fund'', $55,000,000, to
remain available until expended.

Nonproliferation, Anti-terrorism, Demining and Related Programs

For an additional amount for ``Nonproliferation, Anti-
Terrorism, Demining and Related Programs'', $57,500,000, 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'', $265,000,000, to remain available until September
30, 2008.

Peacekeeping Operations

GENERAL PROVISIONS--THIS CHAPTER

authorization of funds

EXTENSION OF OVERSIGHT AUTHORITY

lebanon

Sec. 2603. (a) Limitation on Economic Support Fund
Assistance for Lebanon.--None

[[Page H4840]]

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

government accountability office

HUMAN RIGHTS AND DEMOCRACY FUND

INSPECTOR GENERAL OVERSIGHT OF IRAQ AND AFGHANISTAN

FUNDING TABLES

SPENDING PLAN AND NOTIFICATION PROCEDURES

conditions on assistance for pakistan

Sec. 2610. None of the funds made available for assistance
for the central Government of Pakistan under the heading
``Economic Support Fund'' in this title 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
title, $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

coordinator for iraq assistance

[[Page H4841]]

CHAPTER 7

DEPARTMENT OF AGRICULTURE

Foreign Agricultural Service

public law 480 title 11 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 theron, under the Agricultural Trade Development and
Assistance Act of 1954, for commodities supplied in
connection with dispositions abroad under title II of said
Act, $460,000,000, to remain available until expended.

GENERAL PROVISION--THIS CHAPTER

Sec. 2701. There is hereby appropriated $40,000,000 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.

TITLE III--ADDITIONAL HURRICANE DISASTER RELIEF AND RECOVERY

CHAPTER 1

DEPARTMENT OF AGRICULTURE

GENERAL PROVISION--THIS CHAPTER

Sec. 3101. 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

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

OPERATIONS, RESEARCH, AND FACILITIES

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

exploration capabilities

For an additional amount for ``Exploration Capabilities''
for necessary expenses related to the consequences of
Hurricane Katrina, $35,000,000, to remain available until
September 30, 2009.

GENERAL PROVISION--THIS CHAPTER

CHAPTER 3

DEPARTMENT OF DEFENSE--CIVIL

DEPARTMENT OF THE ARMY

Corps of Engineers--Civil

CONSTRUCTION

Flood Control and Coastal Emergencies

GENERAL PROVISIONS--THIS CHAPTER

Sec. 3301. 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. 3302. (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. 3303. 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; 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. 3304. 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 transfer of funds)

[[Page H4842]]

CHAPTER 5

DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

DISASTER RELIEF

(INCLUDING TRANSFER OF FUNDS)

For an additional amount for ``Disaster Relief'',
$4,610,000,000, to remain available until expended: Provided,
That $4,000,000 shall be transferred to ``Office of Inspector
General''.

GENERAL PROVISIONS--THIS CHAPTER

CHAPTER 6

DEPARTMENT OF THE INTERIOR

National Park Service

Historic Preservation Fund

GENERAL PROVISION--THIS CHAPTER

(including transfer of funds)

CHAPTER 7

DEPARTMENT OF EDUCATION

Higher Education

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

[[Page H4843]]

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

GENERAL PROVISIONS--THIS CHAPTER

CHAPTER 8

DEPARTMENT OF TRANSPORTATION

Federal Highway Administration

Federal-Aid Highways

Emergency Relief Program

(including rescission of funds)

Federal Transit Administration

Formula Grants

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

TITLE IV--OTHER EMERGENCY APPROPRIATIONS

CHAPTER 1

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 Declaration FEMA-1692-DR, $500,000
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

DEPARTMENT OF THE INTERIOR

Bureau of Reclamation

WATER AND RELATED RESOURCES

[[Page H4844]]

CHAPTER 2

DEPARTMENT OF THE INTERIOR

United States Fish and Wildlife Service

Resource Management

National Park Service

Operation of the National Park System

United States Geological Survey

Surveys, Investigations, and Research

DEPARTMENT OF AGRICULTURE

Forest Service

National Forest System

CHAPTER 3

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Centers for Disease Control and Prevention

DISEASE CONTROL, RESEARCH AND TRAINING

Administration for Children and Families

LOW-INCOME HOME ENERGY ASSISTANCE

Office of the Secretary

PUBLIC HEALTH AND SOCIAL SERVICES EMERGENCY FUND

(INCLUDING TRANSFER OF FUNDS)

COVERED COUNTERMEASURE PROCESS FUND

GENERAL PROVISIONS--THIS CHAPTER

(including rescissions)

CHAPTER 4

LEGISLATIVE BRANCH

CAPITOL POLICE

General Expenses

For an additional amount for ``Capitol Police, General
Expenses'', $15,000,000 for a radio modernization program, to
remain available until expended.

ARCHITECT OF THE CAPITOL

Capitol Power Plant

CHAPTER 5

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

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

[[Page H4845]]

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)

INFORMATION TECHNOLOGY SYSTEMS

CONSTRUCTION, MINOR PROJECTS

GENERAL PROVISIONS--THIS CHAPTER

TITLE V--OTHER MATTERS

CHAPTER 1

DEPARTMENT OF AGRICULTURE

Farm Service Agency

SALARIES AND EXPENSES

GENERAL PROVISIONS--THIS CHAPTER

CHAPTER 2

GENERAL PROVISIONS--THIS CHAPTER

CHAPTER 3

GENERAL PROVISIONS--THIS CHAPTER

Sec. 5301. (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. 5302. 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. 5303. 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. 5304. 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. 5305. (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)

[[Page H4846]]

District of Columbia pursuant to this division 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.''.

CHAPTER 4

DEPARTMENT OF HOMELAND SECURITY

GENERAL PROVISIONS--THIS CHAPTER

(including rescissions of funds)

Sec. 5404. (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; and
(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.
Sec. 5405. (a) In General.--With respect to contracts
entered into after June 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 June 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

[[Page H4847]]

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

CHAPTER 6

DEPARTMENT OF HEALTH AND HUMAN SERVICES

National Institutes of Health

National Institute of Allergy and Infectious Diseases

(TRANSFER OF FUNDS)

OFFICE OF THE DIRECTOR

(Transfer of Funds)

NATIONAL COUNCIL ON DISABILITY

Salaries and Expenses

GENERAL PROVISIONS--THIS CHAPTER

(including TRANSFERs OF FUNDS and rescission)

[[Page H4848]]

(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. 5610. (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. 5611. (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. 5612. (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.

CHAPTER 7

LEGISLATIVE BRANCH

HOUSE OF REPRESENTATIVES

Payment to Widows and Heirs of Deceased Members of Congress

CHAPTER 8

GENERAL PROVISIONS--THIS CHAPTER

TECHNICAL AMENDMENT

CHAPTER 9

DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

Office of Federal Housing Enterprise Oversight

Salaries and Expenses

(including transfer of funds)

GENERAL PROVISIONS--THIS CHAPTER

Sec. 5901. Hereafter, funds limited or appropriated for the
Department of Transportation may be obligated or expended to
grant authority to a Mexican 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.
Sec. 5902. 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. 5903. 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. 5904. 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:

[[Page H4849]]

``(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.''.

CHAPTER 10

GENERAL PROVISIONS--THIS ACT

AVAILABILITY OF FUNDS

Sec. 5951. No part of any appropriation contained in this
Act shall remain available for obligation beyond the current
fiscal year unless expressly so provided herein.

DESIGNATION FOR TITLES I and II

EMERGENCY DESIGNATION FOR OTHER TITLES

TITLE VI--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

GENERAL PROVISIONS--THIS TITLE

TITLE VII--FAIR MINIMUM WAGE AND TAX RELIEF

Subtitle A--Fair Minimum Wage

SEC. 7101. SHORT TITLE.

This subtitle may be cited as the ``Fair Minimum Wage Act
of 2007''.

SEC. 7102. MINIMUM WAGE.

SEC. 7103. APPLICABILITY OF MINIMUM WAGE TO AMERICAN SAMOA
AND THE COMMONWEALTH OF THE NORTHERN MARIANA
ISLANDS.

[[Page H4850]]

(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. 7104. STUDY ON PROJECTED IMPACT.

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 32 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. 7201. SHORT TITLE; AMENDMENT OF CODE; TABLE OF CONTENTS.

Sec. 7201. Short title; amendment of Code; table of contents.

Part 1--Small Business Tax Relief Provisions

Subpart A--General provisions

Subpart B--Gulf Opportunity Zone tax incentives

Subpart C--Subchapter S provisions

Part 2--Revenue Provisions

PART 1--SMALL BUSINESS TAX RELIEF PROVISIONS

Subpart A--General Provisions

SEC. 7211. EXTENSION AND MODIFICATION OF WORK OPPORTUNITY TAX
CREDIT.

SEC. 7212. EXTENSION AND INCREASE OF EXPENSING FOR SMALL
BUSINESS.

[[Page H4851]]

(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. 7213. DETERMINATION OF CREDIT FOR CERTAIN TAXES PAID
WITH RESPECT TO EMPLOYEE CASH TIPS.

SEC. 7214. 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. 7215. FAMILY BUSINESS TAX SIMPLIFICATION.

Subpart B--Gulf Opportunity Zone Tax Incentives

SEC. 7221. 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. 7222. EXTENSION AND EXPANSION OF LOW-INCOME HOUSING
CREDIT RULES FOR BUILDINGS IN THE GO ZONES.

SEC. 7223. 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. 7224. GAO STUDY OF PRACTICES EMPLOYED BY STATE AND LOCAL
GOVERNMENTS IN ALLOCATING AND UTILIZING TAX
INCENTIVES PROVIDED PURSUANT TO THE GULF
OPPORTUNITY ZONE ACT OF 2005.

Subpart C--Subchapter S Provisions

SEC. 7231. 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),

[[Page H4852]]

(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--

(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. 7232. TREATMENT OF BANK DIRECTOR SHARES.

``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. 7233. SPECIAL RULE FOR BANK REQUIRED TO CHANGE FROM THE
RESERVE METHOD OF ACCOUNTING ON BECOMING S
CORPORATION.

SEC. 7234. TREATMENT OF THE SALE OF INTEREST IN A QUALIFIED
SUBCHAPTER S SUBSIDIARY.

(b) Effective Date.--The amendments made by this section
shall apply to taxable years beginning after December 31,
2006.

SEC. 7235. ELIMINATION OF ALL EARNINGS AND PROFITS
ATTRIBUTABLE TO PRE-1983 YEARS FOR CERTAIN
CORPORATIONS.

SEC. 7236. DEDUCTIBILITY OF INTEREST EXPENSE ON INDEBTEDNESS
INCURRED BY AN ELECTING SMALL BUSINESS TRUST TO
ACQUIRE S CORPORATION STOCK.

PART 2--REVENUE PROVISIONS

SEC. 7241. INCREASE IN AGE OF CHILDREN WHOSE UNEARNED INCOME
IS TAXED AS IF PARENT'S INCOME.

SEC. 7242. SUSPENSION OF CERTAIN PENALTIES AND INTEREST.

[[Page H4853]]

SEC. 7243. MODIFICATION OF COLLECTION DUE PROCESS PROCEDURES
FOR EMPLOYMENT TAX LIABILITIES.

SEC. 7244. PERMANENT EXTENSION OF IRS USER FEES.

Section 7528 (relating to Internal Revenue Service user
fees) is amended by striking subsection (c).

SEC. 7245. INCREASE IN PENALTY FOR BAD CHECKS AND MONEY
ORDERS.

SEC. 7246. 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.

[[Page H4854]]

SEC. 7247. 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.

``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. 7248. 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''.

The SPEAKER pro tempore. The gentleman from Wisconsin (Mr. Obey) and
the gentleman from California (Mr. Lewis) each will control 30 minutes.
The Chair recognizes the gentleman from Wisconsin.

General Leave

Mr. OBEY. Mr. Speaker, I ask unanimous consent that all Members have
5 legislative days within which to revise and extend their remarks and
include tabular and extraneous material on H.R. 2206.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Wisconsin?
There was no objection.
Mr. OBEY. Mr. Speaker, I yield myself 6 minutes. Let me start by
saying what is not in this bill. There is no money in this bill for
agriculture, there is no money for western wildfires, there is no money
for western schools. All of that will be in the next bill, which will
be considered separately.
Mr. Speaker, this bill is our response to the President's request for
$100 billion in additional funding for the civil war in Iraq, after he
vetoed the Congress's first attempt to deal with that problem.

{time} 1800

What the bill does is to provide roughly $40 billion in funds that
are needed for the troops. We provide $30.5 billion for operations in
Iraq and Afghanistan. We provide additional funding for training of
Afghan and Iraqi soldiers.
We provide $3.5 billion for defense health, a number of these items
we are providing the President has not asked for. We are providing, for
instance, for the full $3.1 billion for base realignment. That is money
which he asked for last year, but not in this bill.
We are also asking for $1.8 billion for veterans health care, which
he did not ask for. We are asking for $2.2 billion for homeland
security to strengthen our ports, our border and our cargo security.
We are providing $660 million to defend this country against the flu
pandemic, which could kill many more Americans than have died in Iraq
if we get hit with that flu. This is money the administration itself
asked for 2 years ago.
We are also, in addition to that, asking to finish a number of jobs
left over from the last Congress. We are asking to finish the
construction, the job of cleaning up the mess after Hurricane Katrina.
We are also trying to restore 40 percent of the cut that the previous
Congress, last year, made in the Low-Income Heating Assistance Program
in light of the higher energy prices that are rising every day. And we
are providing, roughly $400 million in order to keep some of America's
poorest kids from losing their access to health care.
In addition to that, we are fencing the remaining funds that the
President has asked for, for Iraq, and we are fencing that money, just
as we did in 1984 when the MX missile issue was in dispute. And that
money is being held until the President issues three reports.
By July 13, he needs to issue a report defining the progress Iraq is
making in meeting the benchmarks which the President himself laid out
several months ago.
And we also ask him to submit a second report outlining whether or
not any of those benchmarks have actually been achieved.
And then, in addition to that, we are requiring a monthly report on
the combat-ready status of Iraqi military units.
When the Congress receives those reports, it will then have about a
week and a half before it has to consider, under expedited procedures
provided in this bill, it would have to consider, essentially, two
questions.
The pending question before the House would be whether or not the
remaining funds should be released so that the President, essentially,
gets all of his money with no strings.
The second proposition to be voted on is whether or not that money
should instead be used to simply reposition our troops out of a combat
role in Iraq.
We make certain exceptions, the same exceptions that we had in the
bill the last time it was before the House. And I would simply say, Mr.
Speaker, that I think we guarantee that the administration has a fair,
clean shot at getting the result it wants; and I think those in this
Chamber who want a different result and want to see a new policy in
Iraq, will get a clean shot at their preference.
What we are, in essence, doing is giving the President about 60 more
days to make his case before those votes occur. I think that is
eminently fair to him, and I think it is eminently fair to those of us
in the Congress who disagree with his position.
We are trying to find a way to reach a final decision on these
matters, even though many of us in this body very strongly disagree
with the President's package. With this package, we will have
compromised, now, on three very major items. We will have compromised
on the initial Murtha principles with respect to military unit
readiness by providing a waiver for the President.
We have also compromised with respect to the time line, because we
have kept in our national bill that he vetoed, we retained the initial
date by which troop repositioning was supposed to begin. But the final
close-out date was left very much an open-ended affair. That was a huge
concession to the White House.
And now, in a third concession, we are offering a way for the
President to get the rest of his money. All he has to do is issue these
three reports and then go to the Congress and try to persuade the
Congress that his case is better than those who have a different view.
That is a straight, fair way to deal with the problem.
And I would urge a ``yes'' vote.
Mr. Speaker, I reserve the balance of my time.
Mr. LEWIS of California. Mr. Speaker, Will Rogers once said, ``If you
find yourself in a hole, the first thing to do is to stop digging.''
My colleagues, the majority now finds itself in a hole, and contrary
to Will Rogers' advice, it continues to dig. Indeed, this ill conceived
emergency supplemental is evidence of a majority party in complete
disarray, unable to develop consensus on supporting American troops,
and unwilling to work in a bipartisan manner with the minority and the
President to develop a way forward.
This legislation rations funding to our troops over a 60-day period
and dishonors the long-term sacrifice and service of our men and women
in uniform. It is legislation that says to the troops, we support you
conditionally today, but don't expect Congress to support you 2 months
from now.
I ask my colleagues, is this the message Congress wants to send to
our troops?
Is this the message we want to send to al Qaeda?
Is this the best a divided majority can do?

[[Page H4855]]

This legislation has caused me and others to question the majority's
commitment to our troops. No political party has a corner on virtue,
but the majority's reluctance to fully fund our troops clearly calls
into question its commitment to our men and women in uniform.
It is no secret that Chairman Obey is a strong supporter of the
Corporation for Public Broadcasting, a program that receives broad
bipartisan support. In recent years, Mr. Obey has supported advanced
appropriations for the Corporation for Public Broadcasting.
Is it an accident that Chairman Obey, who advocates funding Kermit
the Frog and Clifford the Big Red Dog 2 years at a time, now wants to
fund our troops in Iraq and Afghanistan 2 months at a time?
What does that say about the majority's commitment to our troops
during a time of war?
Why is the majority setting our troops up for failure?
Mr. Speaker, it is time that we take funding our troops seriously and
move beyond the gamesmanship and the partisanship on display today.
Supporting our men and women in uniform is not a joke or a game. It is
among the most important responsibilities each of us has as elected
officials.
I was hopeful when the Speaker emerged from the White House last week
signaling her willingness to work with Republicans and the President to
craft a troop funding bill worthy of bipartisan support. Instead,
Speaker Pelosi has chosen confrontation over cooperation and has
demonstrated unwillingness to compromise.
Chairman Obey and his leadership have dramatically rewritten the
Iraqi supplemental bill without any input from the minority, and
unfortunately, the result will be the same as the last supplemental.
One more time it appears that the majority is more interested in
appeasing the left than supporting our troops. One more time the House
is being asked to consider a bill that is going nowhere fast. Even the
Senate is opposed to this piecemeal approach to funding our troops. One
more time, the House is preparing to approve a supplemental that the
President will veto.
Today I am left scratching my head trying to determine which bill is
worse, the one before us now or the one vetoed by the President last
week.
Frankly, I believe the bill before us today is considerably worse
than the measure vetoed last week. I will take a moment or two to
explain why I think that. Under this proposal, the President is
required to report by July 13 on the specific progress the Iraqi
government has made in meeting 16 specific goals.
Once this report is received, only the chairman, only the chairman of
the Appropriations Committee can introduce a joint resolution to
release the funds. He is not required to introduce the joint
resolution, and no other Member can do it.
Secondly, in an almost unprecedented move, this supplemental includes
the rule under which the joint resolution will be brought to the floor.
And under this rule, the only amendment made in order is the one that
mandates the withdrawal of troops from Iraq within 6 months.
Further, this legislation includes a new reporting requirement that
the President provide a detailed monthly accounting of the combat
readiness status of Iraqi forces. The supplemental dictates that this
report be made publicly available at the Department of Defense's Web
site with a link to the detailed data. As a result, we will provide,
not only to the public but also our enemies, the detailed readiness
report and potential vulnerability of Iraqi security forces. We do not
release this kind of information to our own troops. In fact, we keep it
classified. Why would we ever mandate that the United States provide al
Qaeda a blueprint for targeting Iraqi vulnerabilities?
Lastly, this supplemental includes a number of questionable
legislative provisions otherwise known as earmarks, including a land
transfer in Pennsylvania and a flood control earmark in New York.
Before closing, I want to express my profound disappointment over
these emergency supplemental appropriations bills coming to the floor
again under a closed rule. This is yet another violation of the
longstanding tradition of the committee and the House.
Mr. Obey's first two bills as chairman, the fiscal year 2007
continuing resolution and the first Iraqi supplemental, were both
considered under a closed rule. These will be the third and fourth
appropriations bills under Mr. Obey's chairmanship brought to the floor
with a closed rule. It is pretty obvious we do not have very much input
from the general membership regarding these bills when they are on the
floor.
I have spoken with Chairman Obey about this concern, and expressed my
belief that these bills, and all other committee bills, should be
considered in regular order under an open rule. I say these
supplemental bills, because my friend, Chairman Obey, and his
leadership have decided to split the ag, disaster, wild fire, rural
schools and salmon relief funding into another bill that will be
considered either later this evening or maybe even tomorrow.
Following consideration of both bills, the majority is apparently
planning to wave a magic wand in a feat that would make even Houdini
proud to merge them into one single package as it heads over to the
other body.
Albert Einstein was correct when he said, and I quote, ``You cannot
simultaneously prevent and prepare for war.''
The bottom line is this, the majority cannot have it both ways. The
majority cannot say it supports the troops as it pulls the plug on
funding. You either support the troops or you do not.
My colleagues, let us not signal that America is preparing to walk
away. Let us not send the wrong message to America, to our troops, let
alone to al Qaeda.
We must provide our full and unconditional support to our troops
during this time of war. We must support our commanders in the field.
We must support the President, our commander in chief.
I strongly urge my colleagues to vote ``no'' on this piecemeal, ill-
conceived approach to funding our troops.
Mr. Speaker, I reserve the balance of my time.
Mr. OBEY. Mr. Speaker, I yield myself 30 seconds.
Mr. Speaker, it is not the majority party that is in a hole. It is
the U.S. policy toward Iraq that is in a hole. It is not the majority
party that is in disarray. Last time I looked, the headlines said that
there was a bunch of Republicans going down to the White House
yesterday to tell the President that the jig is almost up on his Iraqi
policy.

{time} 1815

The gentleman says we should fully fund the troops. We have provided
$4 billion more for the troops than the President asked for. We are
fully funding the troops. What we are not fully funding is a bankrupt
policy in Iraq.
Mr. Speaker, I yield 2\1/2\ minutes to the distinguished gentleman
from New York (Mr. Israel).
Mr. ISRAEL. Mr. Speaker, I thank the gentleman for yielding.
And, Mr. Speaker, I want to say that I fully respect the views of the
gentleman from California, but I do get troubled when I hear anybody on
this floor questioning the commitment of any other Member of this floor
to our troops.
I did not suggest for a moment that the other side was not supportive
of our troops when they underfunded our troops, when they didn't
provide enough up-armor for their Humvees, when they didn't provide
enough armor for their vests, when they allowed Water Reed Hospital to
deteriorate.
When these things happened, I never questioned the commitment of the
other side to our troops. And I think we would all appreciate it if we
confine our differences to honest policy debate and not suggest that
any Member of this body does not support the brave men and women who
are fighting for our country.
I support this resolution because it is another attempt at good-
faith, honest compromise with the President of the United States. Two
weeks ago we offered a compromise to the President. We said we will
give you everything that you have asked for, for operations in Iraq,
and we will give you more for operations in Afghanistan, where the war
on terror began. We will give you more money for Walter Reed, for post-
traumatic stress disorder, for traumatic brain injuries. And the
President

[[Page H4856]]

said, no thanks. I want a blank check and I want to be able to spend a
blank check eternally.
And now we are back offering a new compromise which says we will fund
operations in Iraq. We will strengthen our capabilities in Afghanistan.
But we want accountability for the first time, Mr. President. And all
we are saying is this: report to the United States Congress, certify
our progress, and in 2 months we will have a choice. Some people can
say the status quo is working fine, progress has been made, the
management of the administration is going well, and vote to continue
operations in Iraq. And others will have the opportunity to draw a
different conclusion and suggest a strategic redeployment. That is a
commonsense compromise. And, frankly, if the President of the United
States vetoes this compromise, he is saying to the American people I
don't want accountability. I don't want oversight. I want it my way. I
want it myself.
I just want to thank the gentleman for including language that was
originated by the gentleman from Missouri (Mr. Skelton) that codified
the President's own language that for every Iraqi soldier that reaches
combat proficiency, an American is redeployed. The President has been
saying that for 4 years.
If 378,000 Iraqis have reached combat proficiency, why did we need a
surge of 20,000? Why do we need another 13,000 that the President
called for? All we are doing is codifying the President's own language:
for every Iraqi soldier that is trained, an American is redeployed.
I thank the chairman for including that language. I thank the
gentleman from Missouri for originating it.
Mr. LEWIS of California. Mr. Speaker, I yield 3 minutes to the
gentlewoman from Florida (Ms. Ros-Lehtinen).
Ms. ROS-LEHTINEN. Mr. Speaker, I thank the gentleman for yielding.
President Ronald Reagan said, ``We must realize that no arsenal or no
weapon in the arsenals of the world is so formidable as the will and
moral courage of free men and women. It is a weapon our adversaries in
today's world do not have.''
This courage and this commitment are most clearly evident with our
men and women serving our Nation in Iraq. I see it in my stepson Doug
and my daughter-in-law Lindsay, who were Marine officers flying
missions in Iraq. Lindsay is now serving in Afghanistan. I see it in a
valued member of my committee staff, Matt Zweig, who just returned from
a 1-year tour of duty in Iraq. They believe in, and have fought for,
our mission. And their courage is palpable.
And I think of the Parsons brothers in my congressional district. You
have heard me speak about them before. All three of them were my West
Point nominees. I have known them since they were just young boys. Bill
Parsons is serving his second tour in Iraq. The youngest boy, Charlie,
is on his first deployment in Iraq. Huber Parsons is on his third
deployment to Iraq.
But today Huber, and his Stryker Brigade, was hit by a deeply buried
IED. The Stryker caught on fire, and Huber thought that he was going to
burn to death as the Stryker fully caught on fire. They were battling
small arms fire as they pulled him away. Their driver was killed. Huber
suffered a broken leg and a broken ankle, but his spirits are high. He
will soon be in a military hospital in Germany. But his commitment to
the mission, unwavering.
The father, in deep pain, wrote to me in an e-mail just a few hours
ago, and he said, ``We are but man and only know in part. But we know
that we have a great God, and we give Him praise in all things.'' He
said, ``Yes, even in this.''
He adds, ``Please pray for the families of those who have paid the
greatest price, for Huber's complete and speedy recovery . . . and for
the men whom they command and lead and for all the men and women who
serve our Nation.'' And he says, ``And pray for the wisdom of our
President, all policymakers, and all commanders.''
Yet we stand here today, Mr. Speaker, faced with a supplemental that
seeks to put these valiant efforts on an installment plan as they face
a brutal, ruthless enemy that seeks to kill Americans wherever they
are, as this supplemental ties the hands of our military commanders, as
it doles out funds in pieces, and yet it provides millions to the
United Nations and other international organizations through next
September. This cannot, this must not, stand.
For the Parsons brothers and for all who serve our Nation and risk
their lives every day, let's succeed and let's vote against this
supplemental.
Mr. OBEY. Mr. Speaker, I yield 3 minutes to the distinguished
chairman of the Armed Services Committee, the gentleman from Missouri
(Mr. Skelton).
Mr. SKELTON. Mr. Speaker, I thank the distinguished chairman of the
Appropriations Committee and compliment him on his efforts in this
very, very difficult situation.
What is wrong with doing what we are doing? Yesterday in the Armed
Services Committee, or I should say early this morning in the Armed
Services Committee, we passed a bill out that had as its pole star the
readiness of our military. That is what this effort is about. The
readiness, the funding, more than the White House has requested of us,
and that is what this is all about. The young men and young women are
entitled to have the funding come to them, and that is what this does.
I find no fault with having our looking at it as a benchmark for us,
as a benchmark for those of us who fund the troops. We are not rubber
stamps; we are a co-equal branch of the government. And as such, our
voices should be heard and there should be an agreement with what we
are trying to do: readiness and benchmarks. And that is just what we
are asking this body to vote upon.
In addition thereto, there is a proposal in this measure I suggested
some time ago, actually in late 2005, to the President that there be a
measurement of redeployment for the American troops. I suggested to him
that for every three brigades of the Iraqi Army brought to level one
that one American brigade be redeployed. I got an answer back from the
President, and when I brought it to his attention, he said it was too
rigid. When truth, in fact, it ought to be, and as it is in this
legislation, this bill, for every one soldier or battalion or brigade
that is brought to level one in the Iraqi Army, there would be a
redeployment of the American soldier, platoon, battalion, brigade at
any level. It should be soldier for soldier. It is their country. We
have been there over 4 years, and I think it is time to pass that baton
on for the security of that country to be taken over by the Iraqis
themselves. That is what the formula does, one on one. And I strongly
endorse it.
I urge the passage of this bill.
Mr. LEWIS of California. Mr. Speaker, I yield 2 minutes to the
ranking member of the Budget Committee, Mr. Ryan.
Mr. RYAN of Wisconsin. Mr. Speaker, I thank the distinguished ranking
member for yielding.
Mr. Speaker, typically I would talk about all the spending problems
in this bill. I want to talk about that for a moment.
This bill includes $16 billion in non-war, non-emergency spending. It
blows through the $6.45 billion reserve fund that the incumbent budget
resolution has for emergencies. It completely puts aside the rules that
govern whether or not and how we fund emergency spending.
We put in these rules last year, which to the majority's credit
continued this year, that said you can't just tuck anything in an
emergency spending bill. It actually has to really be an emergency.
Well, they have put those rules aside. We have got $16 billion of this
stuff in here.
But the real problem I have with this bill, Mr. Speaker, the real
concern I have is the signals it sends. We are telling our troops, we
are telling our men and women in uniform in harm's way in Iraq, you
have got 2 months, 2 months of funding, but we are letting any Member
of Congress open up the bidding war and put $16 billion of stuff in
here to fund them for a lot longer than 2 months. We are giving NASA
more money than they need. We are putting LIHEAP money in here even
after the winter has passed. We are putting money for the Architect of
the Capitol for tunnel maintenance. We are putting the minimum wage in
here. We

[[Page H4857]]

are saying yes to every other constituency, yes to every other spending
request, whether it has anything to do with Iraq or not, whether it is
a true emergency or not.
Some of these things may have merit, but why are they in this bill?
And, more importantly, why are we telling our troops 2 months and
you're up?
Mr. Speaker, our troops need better than that. They need to know we
are going to be there for them. The Iraqi people need to know we are
going to be there for them.
I was there just a couple months ago. Millions of Iraqis are sitting
on the fence, trying to determine whether they join us or join the
insurgency. If we tell them we are leaving in 2 months, we are cutting
off the funding in 2 months, guess what. Those millions of Iraqis
aren't going to join us. They aren't going to democracy. They are going
to be pressured for fear to join the insurgency.
This sends the wrong message to the Iraqis. It sends the wrong
message to our enemies. And it sure sends the wrong message to our
troops.
I urge defeat of this bill.
Mr. OBEY. Mr. Speaker, I yield myself 1 minute.
What the gentleman is telling the House is that he thinks his
accounting principles are more important than providing additional
veterans medical care. He is saying his accounting principles are more
important than providing the funding for base closure. He is saying his
accounting principles are more important than port security, cargo
security, and border security. He is saying his accounting principles
are more important than defending this country from a pandemic flu
epidemic. He is saying his accounting principles are more important
than providing a bunch of kids in this country with the health care
they need.
And then he squawks about the tunnel in the Capitol. The fact is what
we are doing is protecting workers who were exposed to life-threatening
asbestos. That is what we are doing.
So the gentleman may like the ad that we hear for the accounting
company. He may have a passion for accounting. I would much prefer if
he had a passion for people.

{time} 1830

Mr. LEWIS of California. Mr. Speaker, I yield 2 minutes to the
gentleman from New York (Mr. King).
Mr. KING of New York. I thank the gentleman for yielding.
Mr. Speaker, I strongly urge the defeat of this supplemental
appropriation. It is wrong in so many ways. And I say that as someone
who strongly believes that the war in Iraq is the central front in the
war against terrorism. I say that, and I see my colleague here, Mr.
Fossella, someone who lost hundreds of friends and neighbors and
constituents on September 11. And I also say that as someone who says
this supplemental is sending all the wrong possible signals. It is
sending the wrong signal to General Petraeus. It is sending the wrong
signal to our troops. And probably most importantly of all, it is
sending the wrong signal to the enemy. It is telling them that we in
the Congress think there should be 535 commanders in chief, 535
commanders in the field; telling the enemy that they have 60 days to
create whatever chaos and carnage and confusion they can to influence
the media, to influence those here in the House who are looking for an
excuse to cut off funding for the troops.
If we have a Commander in Chief, a commander in the field, they
should be given the ultimate power and authority to prosecute the war.
If the Democrats want to make this their war, that is one thing, but
this should be above politics. It is not a political issue. It is not
something that should be gauged on public opinion polls. It should be
based on what is right for America. And whether it is a Democrat
President or a Republican President, the President is the Commander in
Chief.
The United States Senate approved General Petraeus by a unanimous
vote. To send him over there and then to undercut him, to cut off his
legs when he is trying to carry out a policy which is showing signs of
work. I am not a general. I am not the commander, but if you look at
what is happening in Anbar province, what is happening in Ramadi, what
is happening in parts of Baghdad, give General Petraeus the
opportunity. Give our troops the opportunity. Don't be grandstanding.
Don't be playing to the crowd. Don't be caving into your left wing base
which is right now driving you. You have gotten yourselves into a hole,
and you cannot get out of it. Our troops should be above that.
Have concerns for our troops, but most importantly, respect the
Constitution. Allow the President and his commanders to prosecute the
war. He was elected; General Petraeus was confirmed by the Senate.
Everyone knew that he had to plan for a surge. To undercut him now is
wrong. It is morally wrong. It is politically wrong, and it is going to
bring shame on the House of Representatives.
Mr. OBEY. Mr. Speaker, I yield 1 minute to the distinguished
gentleman from Pennsylvania (Mr. Sestak).
Mr. SESTAK. Mr. Speaker, having worn the cloth of this Nation for 31
years, I am at the point where I just needed to say that no one can
call this war in Iraq Bush's war, for it is ours, America's war. We are
in this together. We Democrats need the Republicans if we are to end it
without a failed Iraqi state, and they us. It is not just about getting
out of Iraq; it should be about redeploying out of Iraq so that we can
better ensure U.S. security elsewhere as we leave Iraq with relative
stability.
This resolution has merit, but with less of a strategic plan for a
successful end than the last Iraqi resolution, despite times that are
now more dire in Iraq and, therefore, for us. But it is hopefully a
step towards one, and therefore, it pushes us to know that we do need
the Republicans and a new strategy so that together we can successfully
end this conflict for our betterment.
I see the key as President Bush's statement that our commitment is
not open-ended. We therefore now need to define how to end it together.
I will vote for this resolution, but express my reservation that it
does lack defining how to achieve the end of an open-ended commitment
by a winning strategy. That is why we ultimately need the Republicans
and they, us, to resolve the war successfully by a strategy to bring us
to the end of an open-ended commitment.
Mr. LEWIS of California. Mr. Speaker, I am proud to yield 1 minute to
the Republican leader, Mr. Boehner.
Mr. BOEHNER. Mr. Speaker, 94 days ago, the President of the United
States sent to the Congress an emergency supplemental spending request
to fund our activities in Afghanistan and Iraq. He asked for, in round
numbers, $100 billion, which has now turned into some $20 to $23
billion more than that. But we have been through that fight. The
President vetoed the bill, made it clear what he would sign and what he
would not sign.
I was at the White House last week after the bill had been vetoed by
the President, and there was an agreement in the room, bipartisan,
bicameral agreement in the room that we would sit down together and try
to resolve the differences that we have over funding our effort to take
on al Qaeda and other terrorists in Iraq and in Afghanistan.
What we have seen over the last 10 days or so have been token
meetings. There has been no honest attempt to work together, as we all
committed to. There have been no meetings where we can actually sit
down and discuss our differences and try to bring some resolution to
those differences.
So when I heard earlier this week about this plan that was going to
be brought to the floor today, I thought to myself, why? Why do we have
to play more political games? The President of the United States has
made it clear that he will veto this bill. The Senate leaders, Democrat
and Republican, have made it clear that this plan has no chance in the
other Chamber, but yet here we are playing political games while our
troops are fighting for our freedom and our safety in Iraq.
Now, I am not going to go through all the reasons why Iraq is
important; I have been through them before. I think every Member of
this Chamber understands that Iraq is important to the safety and
security of the United States. But I want to remind all of my
colleagues that all of our Members in this Chamber, except one, all of
our Members in this Chamber, Democrat and Republican, except one, voted
to send our troops to Iraq. There they

[[Page H4858]]

have been locked in a battle for the safety and security of Americans,
helping to try to build democracy to bring more stability to the Middle
East. And here we are tonight divided, once again, about whether we
should support our troops that are out there fighting for our safety.
Mr. Speaker and my colleagues, our soldiers are doing their duty in
Iraq and Afghanistan and around the world, a duty that we have sent
them on. And yet we sit here playing political games. That is not what
the American people sent us here to do. Now they asked us to come here,
Democrats and Republicans, to work through our differences and to make
sure that we are helping our troops. And I think every Member here
understands that we have to support our troops. And I think every
Member here knows that, at the end of the day, we are going to pass a
clean supplemental that doesn't have all this excess spending riding on
the backs of our soldiers, that will in fact fund the activities in
Iraq. The question I ask tonight is, how long are the games going to go
on?
Ninety-four days we have been at this; 94 days since the President
asked for this money and we are still playing games. That is not what
the American people expect of us. They understand that Iraq is
important. They understand that their safety and security is dependent
upon what happens there because the consequences of failure in Iraq,
which this bill will bring about, are too ominous to think about.
This bill is designed to bring failure to Iraq. Failure in Iraq means
chaos in Iraq. It means genocide in Iraq, and it means we are
jeopardizing the safety and security of the American people. It is not
what the American people want. We should reject this bill.
Mr. OBEY. Mr. Speaker, I yield myself 1 minute.
Let me simply point out to the gentleman that in the last session of
Congress, it took the Congress almost 110 days to respond to the
President's request. Let me also point out that the first 30 days of
this session were occupied because, while he was majority leader, we
never managed to pass a single domestic appropriation bill, and we had
to finish his unfinished business, which took the first 30 days of this
session.
Let me also point out that we have had two meetings with the
administration. We have laid out a number of compromises. I have laid
out, frankly, to the administration that we are pursuing a two-track
strategy. We asked them what concessions they would put on the table.
They still have not put a single concession on the table in their
conversations with us on this side of the Capitol. So absent that, we
have no choice to proceed except sit here like a bunch of potted palms
waiting for a miracle. Not many miracles on this House floor.
Mr. Speaker, I now yield 1 minute to the gentleman from New Jersey
(Mr. Holt).
Mr. HOLT. I thank my friend from Wisconsin.
Mr. Speaker, 4 years ago, President Bush used soldiers and sailors as
stage props to declare that major combat operations in Iraq have ended.
Well, indeed those combat operations should have ended, in fact, they
never should have begun. This combat is constitutionally and
strategically unjustifiable, operationally poorly executed with regard
to armoring and deploying the troops, and politically and
diplomatically disastrous.
This war is not making anyone more safer or more free, and it cannot
be won militarily. As retired General Odom said, the challenge we face
today is not how to win in Iraq but how to recover from a strategic
mistake, invading Iraq in the first place.
The President continues to squander American influence, blood and
treasure. It is the President's intransigence that forces us to pass
this bill to force a change in the course in Iraq. The President needs
to know that the days of congressional blank checks in support of a
failed policy are over. We cannot continue to buy time with American
lives.
Mr. Speaker, I rise today in support of our troops and for ending
President Bush's war in Iraq.
This bill gives the President all the money he needs to ensure our
troops have the equipment, ammunition, fuel, food, spare parts, and
anything else they need to ensure their safety and security. What this
bill does not give the President is the blank check with no questions
and no accountability that he's come to expect over the last 4 years.
Those days are over.
Yesterday's Washington Post front page story on the President's
``surge'' strategy was entitled ``Commanders in Iraq See `Surge' Into
'08.'' While General Petreaus told the Congress earlier this year that
we could determine the effectiveness of the troop increase within
several months, General Odierno is trying to ``get until April (2008,
that is) so we can decide whether to keep it going or not.''
If the Post's report is accurate--that the surge that was supposed to
last several months will now last for well over a year--then it is more
imperative than ever that we place clear limits on our future
involvement in Iraq. We cannot continue to buy time with American lives
and taxpayer dollars to support a fundamentally flawed policy.
Nor should we continue down this road when the Iraqis themselves fail
to take the steps necessary to heal the divisions in their own country.
Americans deserve to know that Iraq's government is about to take a 2-
month vacation--while Baghdad burns and American troops continue to die
daily amid the crossfire of Iraq's civil war. As the current U.S. troop
``surge'' reaches completion around mid-June, Iraq's parliament will
adjourn for 2 months.
If Iraq's government is prepared to go AWOL in the middle of their
civil war, why should we stay? Why should more of our troops die to
help protect a government that leaves town with the battle raging on
the streets of Baghdad?
I want to thank my friend, the gentleman from Massachusetts, Mr.
McGovern, for offering his own blueprint for redeploying our forces
from Iraq. I'm pleased to be able to support this measure, and I
commend Mr. McGovern for his relentless commitment to help this House
get it right on Iraq--to demand accountability for those responsible
for the situation in Iraq.
That's what this debate is really about: getting Iraq's leaders to
take responsibility for their country's security and its future. We
can't end their civil war--only they can, but only if their political
leaders cancel their 2-month vacation and get down to the hard work of
building a new Iraq.
If enacted, this bill would incentivize them to do exactly that--it
would force them to focus their full energies on reaching a political
solution to Iraq's civil war, or face the prospect of a cut off in U.S.
aid.
Mr. Speaker, President Bush announced his intention to veto this bill
before it ever came to the House floor. His veto threat proves that
he's more interested in continuing his war with Congress than he is in
finding a bipartisan solution to the war in Iraq. That threat is all
the more reason why we need to pass this bill so we can do what the
American people have asked us to do: to end America's tragic
misadventure in Iraq.
Mr. LEWIS of California. Mr. Speaker, I will yield 2 minutes to my
colleague from the committee, Mr. Tiahrt.
Mr. TIAHRT. I thank the gentleman from California.
Mr. Speaker, on February 5, the President sent a request to fund our
troops in Afghanistan and Iraq to the House. This week, Majority Leader
Hoyer said to a C-SPAN audience, the Speaker's plan was to get this
supplemental funding to the President by Memorial Day. That means it
will take 120 days to fund the President's request. In the meantime,
not one penny is going to make its way to the troops. Why? Well, the
President has said, in its current form, this bill is going to be
vetoed. He will veto this bill because it funds the troops on a
contingency basis for only 60 days; 120 days to get the request funded,
and then it only funds it for 60 days. It will be vetoed also because
Secretary Gates says the Pentagon cannot manage a 60-day appropriations
bill. The bureaucracy simply will not move that fast.
This bill will also be vetoed because it has too many strings
attached. They are attached in the form of benchmarks. And there are
more than a dozen of them, 17 to be exact. It will take more than 60
days just to see if the benchmarks have been accomplished.
In the 120 days we have spent haggling over this bill that funds the
troops for only 60 days, we know it is going to be vetoed. In the
meantime, the troops are waiting for the mine-resistant equipment that
is funded in this bill to be manufactured and to be sent to Iraq. They
are waiting on the equipment that they need. They are waiting on the
equipment they need. The majority should withdraw this bill and send
back a clean appropriations supplemental bill that funds the troops
without the 60-day contingency, without the strings attached so we can

[[Page H4859]]

meet the needs of our troops. This bill does not do it.
I urge my colleagues to vote ``no.''
Mr. OBEY. Mr. Speaker, I yield 1 minute to the distinguished majority
leader, Mr. Hoyer.
Mr. HOYER. Mr. Speaker, the President of the United States had a
chance to fully fund the troops just a few weeks ago, he chose not to
take it, I tell my friend, Mr. Tiahrt, from Kansas. We fully funded the
troops. In fact, we gave more money for the fight against terrorism. We
want to see success.
Mr. Speaker, let every Member here and all those watching this debate
at home be perfectly clear, this legislation fully funds our troops in
harm's way in Iraq and Afghanistan, ensuring that they have the
resources they need to conduct their missions. Not only that, this bill
includes additional funding, as the last bill did, not requested by the
President, to fight the war on terror, to improve America's military
readiness and to meet our veterans' unmet health needs.
However, while this legislation funds our troops, it insists, as we
tried to last time, for the first time in more than 4 years that the
Bush Administration and the Iraqi government be accountable. The
American public expects accountability.
Plain and simple, this legislation responds to the will of the
people, who are dismayed by the failed implementation of American
foreign policy, perhaps more failed than in any in the generation.
On Tuesday, a CNN poll found that two-thirds of Americans oppose the
war, and 61 percent support benchmarks like the ones in this bill that
would measure Iraqi progress.

{time} 1845

Let me say to my friends on the other side of the aisle, Vice
President Cheney was deployed by this administration. What for? To tell
the Iraqis they had to perform, that they had to meet benchmarks; that
the American public was running thin on its support, and in fact is not
supporting this war.
But, frankly, the Congress has taken the position that we won't say
that, and the President vetoes a bill that said that, a bill that
required performance so that the millions that the American public, the
billions that the American public, the $500 billion-plus that the
American public has dug from their pockets, will be responsibly met by
the Iraqi Government.
Thus, Mr. Speaker, this legislation holds the President and the Iraqi
Government accountable by fencing off 52-plus of the $95.5 billion
provided to the Defense Department until released by subsequent
legislation.
What is there to fear from this Congress as we oversee whether or not
there is a turn from an unsuccessful implementation of a policy to a
successful policy? Perhaps that fear is that that corner will not be
turned, and therefore this vote may be at risk.
Before this additional funding is released, however, the President
must report to Congress by July 13 regarding the success of the Iraqi
Government in meeting security and political benchmarks. General
Petraeus has said there is no solution but a political solution, and
the only people who can accomplish a political solution are the Iraqis
themselves.
What do we ask for? Disarming militias who are killing our men and
women, enacting legislation to equitably share oil revenues. There will
be no resolution without that. Reforming the debaathification process,
which says to literally tens of thousands of people, we know you were
Baath members, but you really weren't in politics, so you can come back
and do the work to build this society. Without that, we will not
succeed and our men and women will pay the price, as they are paying
the price every day.
Lastly, providing for provisional elections. We are fighting for
democracy. We are investing in democracy. That is what we are told. But
we haven't amended the constitution and we are not providing for the
provincial elections that were promised. If that is the case, the Iraqi
people are not going to think democracy is on its way.
Mr. Speaker, the President of the United States himself has stated
that our commitment in Iraq is not open-ended. That is what this
legislation says. If you think it is open-ended, if you think there
should be no benchmarks, if you think the American taxpayers' money
ought to be spent without seeing results and without the carnage to our
troops decreasing, then vote against this.
To this we say, no more. No more blank checks. Not after more than
3,370 Americans have lost their lives in Iraq and more than 25,000 have
been injured. Ten percent of those lives have been lost in the last 4
months. Not after the American taxpayer spent nearly half a trillion
dollars. And not after 4 years of egregious misjudgments by this
administration, from ``mission accomplished,'' to ``the insurgency is
in its last throes,'' to ``Iraq will fund its own reconstruction.''
Every Member in this body, every Member, hopes and prays that the
current troop escalation succeeds, that the Iraqis stabilize and secure
their country and that our troops can return home safely. Why should
you fear waiting 60 days and making another judgment as to whether that
is occurring? That is our responsibility.
We swore an oath to defend the Constitution of the United States
which says that we are the policymakers. But there is little reason for
optimism when the violence in Iraq continues unabated and progress on
the ground is somewhere between illusive and nonexistent.
The two-step funding approach in this legislation effected by Mr.
Obey and Mr. Murtha is not only appropriate, it is imperative. Even the
Senate minority leader, Mitch McConnell, has stated, ``I think the time
to look at where we are is late summer.'' This is a few days before
that, and we will continue consideration into that late summer that
Senator McConnell talks about.
We cannot want to succeed more than the Iraqis. They must take the
lead in restoring stability and securing their nation. And the Iraqi
Parliament must not go on vacation while American men and women are
fighting and dying for them.
I urge my colleagues on both sides of the aisle, support this bill.
Let us forge a new direction in Iraq and implement a policy and design
to succeed.
Mr. LEWIS of California. Mr. Speaker, I am pleased to yield 2 minutes
to my colleague, the gentleman from Indiana (Mr. Pence).
Mr. PENCE. I thank the gentleman for yielding.
Mr. Speaker, I always find the majority leader's comments compelling
and moving. He is among the best communicators I think in this
generation of leaders in this House. And let me say as a conservative
Member of this House who was in Baghdad one month ago, I believe that
it is imperative that we express to the Iraqi Government an urgency
about performing on all the issues that the majority leader just
addressed.
But the reason why I rise in opposition to this bill is because under
the Constitution of the United States, Congress can declare war,
Congress can choose to fund or not to fund war, but Congress cannot
conduct war. And the latest Democratic plan to micromanage our war in
Iraq is ``war on the installment plan,'' and it should be rejected on
the basis of proof on the ground and common sense and history.
The proof on the ground is this: Baghdad is not safe, but it is safer
as I saw a month ago. Due to more than two dozen U.S. and Iraqi
installations set up throughout the city, insurgent violence is down.
Thanks to the fact that 20 of 22 tribal leaders have stepped forward to
support U.S. and Iraqi governmental forces, violence in the al-Anbar
province is coming down.
Now is not the time for us to say we will do war on the installment
plan and come back in 60 days and evaluate.
My Democrat colleagues heard General Petraeus on the Hill 10 days
ago. He said by late summer we will have a better idea whether the
surge is taking hold. He pledged to report to this Congress in
September. So why this? Why do we come here tonight with a 60-day
timetable for another vote?
As our troops do their duty on the ground in Iraq, our duty is clear.
Let's set aside the politics of the moment. Let's find a common ground
and build legislation that is constitutionally sound and fiscally
responsible. Let's give our soldiers the resources they need to get the
job done and then come home safe.

[[Page H4860]]

Mr. OBEY. Mr. Speaker, I yield 3 minutes to the distinguished
Democratic Caucus chairman, the gentleman from Illinois (Mr. Emanuel).
Mr. EMANUEL. Mr. Speaker, first of all I would like to thank my
colleague from Indiana who takes seriously his public service and his
time and his trips to Iraq.
As you comment on the installment plan we have, I don't mean to do
this, but we've tried the ``blank check approach.'' You may not like
this installment plan, but we have tried for 4 years an approach of
being a blank check. No oversight, no accountability, no questions
asked. And that has resulted here.
Our men and women, and I know this is true for everybody here, we
have great respect for what they have done. We asked our Armed Forces
to seize a country. We asked our Armed Forces to take down an enemy's
army. We asked our Armed Forces to seize the capital. We asked our
Armed Forces to capture a dictator. They've done all of that. They have
been unbelievably successful.
So tell me why we've got the problems we have in Iraq. It is because
there has never been a political strategy associated with the success
of the Armed Forces' military effort. And General Petraeus is right:
you can't solve this militarily. You can only solve this with a
political solution.
So here we are, our Armed Forces are up to 160,000 troops. We have
over $600 billion that has been appropriated for this. We have lost
3,300 lives and 25,000 wounded fellow citizens. So the need for a
political solution, and the Iraqi answer? We're taking the summer off.
Going fishing.
This bill says, no way. You have got to be accountable for your
country and get off the sidelines and get onto the playing field and
taking ownership of your country's future. If the men and women in our
Armed Forces are supposed to give the Iraqis the political space to
come together, we do not do that by taking the summer off and not
finding common ground.
We have plenty of differences here, but we have common ground here.
It is the Iraqis that need to find the common ground, not us. We have
the right approach. We have asked our folks to do everything.
Just a month ago we celebrated the 4-year anniversary of ``mission
accomplished.'' We know there is a lot to be done in Iraq, and what we
are trying to do is provide our troops the resources they need, the
equipment they need, the training they need, and when they come home,
the veterans, the health care they need, and, most importantly, the
policy that has been absent. The reason we never lost a single soldier
in our efforts in Bosnia and in the Balkans is because the policy that
a President implements is as important to the protection of those
soldiers as the Kevlar vests they wear.
What has been missing from this policy and what has been missing from
this endeavor is a policy that is equal to the endeavor of our Armed
Forces. We have a policy that has been reduced to one simple thing,
more troops, more money, more time, more of the same, and you cannot
continue a status quo-plus policy.
It is time for a new direction, and I am proud that we have offered a
new direction to our Iraqi policy.
Mr. LEWIS of California. Mr. Speaker, I yield 2 minutes to the
gentleman from Georgia (Mr. Kingston), a member of the committee.
Mr. KINGSTON. I thank the chairman.
We just heard from the majority leader that this bill fully funds the
troops. He is correct, it fully funds the troops; but it doesn't freely
fund the troops. It is like giving a soldier a brand-new uniform and
then shackling his foot to an anvil. And that anvil, Mr. Speaker, is
politics. Our soldiers fight wars. They cannot take care of Iraqi
politics. And yet this bill puts 17 different stipulations on that
funding for our soldiers, to say that if these aren't taken care of,
then you lose your funding. So it is not fully funding them, because it
doesn't freely fund them.
We went to Iraq. We made some mistakes. We all on a bipartisan basis,
from John Kerry to Hillary Clinton to George Bush, thought there were
WMDs over there. There were not. We also thought that once they were
liberated, that because of American presence and ingenuity and Saddam
Hussein being deposed, that democracy would rise from the ashes. It
obviously did not, much to the disappointment of everybody in the world
community.
And I can say this as a member of the Defense Committee, we have had
4 years of almost ``happy talk'' from representatives of the Pentagon.
It has been very disappointing. Representatives not of defense as much
as from the political side of things.
But I know one thing that is true: since the surge, there has been a
glimmer of hope that we have rounded a corner. But I want to say this:
it is very important that Members understand that failure in Iraq means
that it devolves into a civil war. It means that perhaps it emerges as
an anti-Western nation state of terrorists with their hands on the
second largest oil reserve in the world, and surely those revenues will
not be spent promoting democracy around the globe.
It would also mean a decline in U.S. credibility, because if we lose,
as the Senate Democrat majority leader Harry Reid has said, who wins?
Well, al Qaeda wins. The nation isn't going to just quietly go on about
their business.
It is imperative for us to support the Petraeus plan and vote this
bill down.
Mr. OBEY. Mr. Speaker, I yield 1 minute to the distinguished Speaker
of the House, the gentlewoman from California (Ms. Pelosi).
Ms. PELOSI. Mr. Speaker, I thank the gentleman for yielding. Once
again, as I have done over and over again, I thank him for yielding,
for bringing this important legislation to the floor, and for his
extraordinary leadership.
I also want to commend Mr. Murtha for his leadership as well in
shaping this path to stability in the Middle East and bringing an end
to the war and bringing our troops home safely and soon.
I also want to acknowledge Mr. Skelton, the Chair of the Armed
Services Committee. He has been busy at work on his authorization bill,
but he very much helped shape this proposal. I commend him and many
other Members here who have made this path to stability in the Middle
East possible.

{time} 1900

Since January, a majority of the Members of this House have been
working to change course and change the mission in Iraq. Our goals are
clear: Strengthen our military; bring stability to the region; and make
the American people safer by ending the war, allowing our attention to
be refocused on defeating international terrorism, and at the same
time, honoring our commitment to our veterans which, as we have seen
unfold in recent months, has been sadly neglected.
Today, we will take the next step in that effort in this legislation
by: Providing for our troops fighting a war in Iraq that the President
initiated, but for which he has refused to pay in his annual budget
requests; honoring our commitment to our wounded veterans of Iraq,
Afghanistan and other wars who struggle to get the medical care and
benefits they deserve from a system overwhelmed, underfunded and unable
to respond effectively; demanding accountability from the Iraqi
government on whose efforts a national reconciliation depends, but
whose accomplishments in this area have been negligible, disappointing
and unworthy of the sacrifice of our troops on the ground in Iraq.
And this legislation ends the blank check for the President's war
without end. It does provide a path to stability in the Middle East by
changing our mission in Iraq and enables us to focus on the threat of
terrorism.
Chairman Obey's bill satisfies each of these requirements and meets
the immediate needs of our troops, but allows Congress to decide in a
few months whether the situation on the ground in Iraq justifies using
the remaining money to redeploy our forces or continue the war.
The President's own benchmarks, these are the President's own
benchmarks for measuring progress in Iraq, will be the centerpiece of
that evaluation. You would think that the President would embrace this
legislation. It has his benchmarks. It asks for a progress report.
Perhaps he thinks there will be no progress so he is afraid of that
report. And then a vote in the House as to whether to continue the war.
The President's own benchmarks

[[Page H4861]]

for measuring progress in Iraq again will be the centerpiece. His
benchmark. This is the kind of regular and responsible review of the
war Congress should have been conducting since the mission began more
than 4 years ago.
Regrettably, but not surprisingly, the President has threatened to
veto the Obey bill. Unfortunately, the President has taken us down this
road before. The President has brought us to this point by vetoing the
first Iraq Accountability Act and refusing to pay for this war
responsibly. He has grown accustomed to the free hand on Iraq that he
had before January 4. Those days are over.
The American people have made it clear that they want a new direction
in Iraq, one that is going to bring this war to an end. They have lost
confidence that the President can or will produce a plan to do that.
Even some members of the President's own party have finally realized he
has lost credibility with the American people.
The President said today that he would accept benchmarks. But what he
fails to accept is accountability for failing to meet those benchmarks.
Benchmarks without consequences are meaningless.
It is interesting to me that in the President's No Child Left Behind
legislation, he establishes standards for America's school children. If
those children do not meet those standards, there are serious
consequences for them, for their families, for their schools and for
their school districts. And yet, while holding America's school
children accountable with consequences, the President refuses to hold
the Iraqi government responsible with consequences while our young
people in Iraq are dying.
The President said again today he would accept these benchmarks, we
hope that he will and reconsider the thought of veto. This is a bill he
should like. It has his benchmarks. It asks for a progress report. He
must have some confidence in what he is doing and then leave it up to
the Congress to make a judgment in July. What could be fairer than
that.
Congress has offered the President recommendations for change in
Iraq. In rejecting them, he has offered nothing in return except a
demand for more of the same, a blank check for a war without end.
The American people expect more and deserve better. A war which has
ended so many lives, weakened our military at a great risk to our
security and costs so much money, costs so much in reputation for
America throughout the world, cannot continue indefinitely. I don't
know why the President doesn't understand. This war cannot proceed
indefinitely, and that is the course he has us on.
Any engagement that we have militarily should meet the test of: Does
it make our country safer? Does it strengthen our military? And does it
bring stability to the region that we are engaged in? The President's
policy fails on all three scores.
This bill offers more ideas for winding down this war. I urge the
President to consider these ideas and those which may be proposed by
the Senate and work with us in conference to produce a bill that meets
the needs of our troops and the expectation of our country. We owe it
to the American people to try to find our common ground so we can end
this war, and we will do that. But we will stand our ground if it is a
blank check for a war without end.
We look forward to continuing our conversations with the White House,
with the Senate, to again draw down this war and bring home our troops
safely and soon.
Mr. LEWIS of California. Mr. Speaker, I yield 2 minutes to the
gentleman from Minnesota (Mr. Kline).
Mr. KLINE of Minnesota. Mr. Speaker, I thank the gentleman for
yielding.
Mr. Speaker, as has been said many times this evening and for the
last days and weeks and months, indeed for years, we have Americans in
harm's way in Iraq, in Afghanistan, in the Horn of Africa. Around the
world, these Americans need our help, and they deserve our help.
It has been over 3 months since the President sent to us his request
for emergency supplemental funding for our troops. It is time for us to
stop playing politics and step up and do our part. We need to
appropriate all of the funds our troops need, and we need to do it now.
The distinguished chairman of the Armed Services Committee said this
afternoon that our young men and women are entitled to have the funding
that they need. Unfortunately, Mr. Speaker, this bill does not give
them the funding that they need. It has been made very clear that the
President will veto this legislation, and I believe that he should. He
showed us that he would veto legislation that shackled our generals and
made it impossible for our troops to do the job. This piecemeal
approach, the 60-day funding, is unacceptable.
We have men and women not only in harm's way, but men and women here
who are already starting to feel the pain of the restriction in funds.
Secretary Gates said they are shifting funds now. It is not fair for
our young men and women to serve overseas and come back here and not
have what they need even here in the States. We need to move forward on
legislation that genuinely funds the troops and allows us a chance for
success.
I would like to close with just a couple of comments. General
Petraeus said to his troops when he took over that the way there was
going to be hard, but hard was not hopeless. As I said on this floor
weeks ago, this legislation makes hard hopeless. In fact, this
legislation is hopeless because it will not become law. We need to step
up and take care of these troops.
Mr. OBEY. Could I inquire of the gentleman from California how many
speakers he has remaining?
Mr. LEWIS of California. We have two speakers remaining.
Mr. OBEY. We have only one remaining speaker, so why don't you
proceed?

Parliamentary Inquiry

Mr. FLAKE. Parliamentary inquiry, Mr. Speaker.
The SPEAKER pro tempore. The gentleman from Arizona is recognized for
a parliamentary inquiry.
Mr. FLAKE. Mr. Speaker, is it true that, on page H4754, there is a
statement that this bill contains no congressional earmarks, tariff
benefits or tax benefits?
The SPEAKER pro tempore. Members may examine the Record and make that
determination for themselves.
Mr. FLAKE. I thank the Chair, and I will examine the Record.
Mr. LEWIS of California. Mr. Speaker, I yield 2 minutes to the
gentleman from Arizona (Mr. Flake).
Mr. FLAKE. The Congressional Record today makes a statement, ``H.R.
2206, making emergency supplemental appropriations for the fiscal year
ending September 30, 2007, and for other purposes, does not contain any
congressional earmarks, limited tax benefits or limited tariff benefits
as defined in clause 9(d), 9(e) or 9(f) of rule XXI.''
I am just trying to reconcile. I am a bit confused because there is a
press release today, and I would ask and would gladly yield time to the
chairman if he can explain, there was a press release from a Democrat
office today saying so-and-so inserts funds in emergency supplemental
appropriations bill for critical flood mitigation projects. It goes on
to say so-and-so today announced that $8,665,000 is included in the
House emergency supplemental appropriation bill to fund flood
mitigation projects in New York necessitated by the recent nor'easter.
That seems an awful lot like an earmark to me, if a Member actually
does a victory lap afterwards and says that Member actually inserted in
the bill.
I yield to the chairman to respond or explain.
Mr. OBEY. I have no idea what any Member put out by way of press
release, and I claim no responsibility for any statement made by any
Member.
Mr. FLAKE. I thank you.
The problem that we have pointed out over and over is that the
earmark rules that have been adopted allow the majority simply to state
in the Record that there are no earmarks, regardless of whether that is
true or not. In this case, clearly it is not.
Yet when the time is right to challenge, when a point of order can be
lodged against consideration of the bill, the minority or anybody who
wants to challenge in the majority or minority is without recourse. So
clearly this needs to be addressed. Clearly this bill does have
earmarks.

[[Page H4862]]

I would appeal to the majority to please tighten up the rules so we
can actually have an honest debate.
Mr. LEWIS of California. Mr. Speaker, I yield 2 minutes to the
gentleman from Indiana (Mr. Burton).
Mr. BURTON of Indiana. Thank you for the time, Jerry, I really
appreciate it.
I have talked about this before with my colleagues over there. Al
Qaeda is the enemy. They are the ones that attacked us on 9/11,
attacked the USS Cole, our embassies in Africa, and they have said they
want to destroy us.
The military leader of the terrorist group in Iraq today is the al
Qaeda leader. They want to drive us out of Iraq and defeat us. They
want us to turn tail and run so they can continue their attacks on the
free world, especially the United States of America.
I just don't understand this. You say you want to redeploy. That
means withdraw. You say that you want a fair end to this war. You say
that you want a timetable for withdraw.
We didn't do that in World War II. It was a world war against
terrorism. Adolph Hitler killed 6 million Jews in the ovens. This is a
world war. They have told us in no uncertain terms what they want to
do. They are the enemy, and we are going to withdraw?
I just don't understand it. I don't understand my colleagues. We
cannot do that. They aren't going to go away. They will blow themselves
up holding a baby in their arms. They will do anything to defeat us.
Al Qaeda, remember? This President said this war may go on for a long
time because they want to destroy us. He didn't put a timetable on it;
nor should we.
Al Qaeda, they blew up the World Trade Center; remember? They killed
over 3,000 people and flew into the Pentagon; remember? They want to
destroy us; remember? They are in charge of the military operation over
in Iraq now; remember?
And you want to withdraw? If you don't fight them there, where are
you going to fight them? Are you going to fight them in New York? Are
you going to fight them in L.A.? Are you going to wait until they blow
up Indianapolis? Where? If not now, when?
Mr. LEWIS of California. Mr. Speaker, in closing, let me repeat that
one more time it appears that the majority is more interested in
appeasing their left, that is the left in their caucus, than in
supporting the troops.
One more time, the House is preparing to approve a supplemental that
the President will veto in no small part because it tells our enemy we
are ready to wave the white flag.
I strongly urge my colleagues to vote ``no'' on this piecemeal, ill-
conceived approach to funding our troops.

{time} 1915

Mr. Speaker, I yield back the balance of my time.
Mr. OBEY. Mr. Speaker, how much time is remaining?
The SPEAKER pro tempore. Nine minutes.
Mr. OBEY. Mr. Speaker, I yield the remaining time to the gentleman
from Pennsylvania (Mr. Murtha), the distinguished chairman of the
Defense Appropriations Subcommittee.
Mr. MURTHA. Mr. Speaker, it's not working. This policy is not
working. That's why we want to change direction. I mean, it is one
thing to stand here and rhetorically say it's working, say there's
progress to make statements. Because the White House says it? Because
the Pentagon says it?
Let me tell you, the Pentagon wrote and said, ``Further, the lack of
timely supplemental funds has limited the Department's ability to
properly contract for the reconstitution of equipment for both the
active and reserve forces.''
We put extra money in the budget, $17 billion last year. There
wouldn't have been any money in the budget to reset. We have no
strategic reserve. Our National Guard has only 40 percent of the
equipment they need. They can't respond to a national disaster. As a
matter of fact, the National Guard in this country couldn't be deployed
overseas. The active duty American Armed Forces could not be deployed
overseas because we have no strategic reserve.
This war has been mishandled. We need accountability. We had a
hearing on contracting today, and I have been studying this
contracting. Some of the accusations are that the contractors, there's
126,000 contractors in Iraq. We have approximately 140,000 troops there
and 126,000 contractors. Now, imagine this. Some of them are making or
being paid $600 a day, the contractors, and no accountability. It took
us 2 weeks to find out who those contractors were, what they were
doing. We still haven't gotten the details of what they're doing or who
they are. This is unacceptable.
I saw in the book about Blackwater. It said in this book that
Ambassador Bremer had 26 Praetorian Guards and those Praetorian Guards
made $600 a day. Now, you can imagine them pushing through an area
where the Iraqis lived, with their sunglasses on, you know, those
little sunglasses that wrap around your eyes, with their khaki uniforms
with their AK-47s or whatever weapons they carry. That does not make
friends.
When I went to Iraq the first time, you could drive around anyplace
in the city. Today, you can't drive anyplace. Matter of fact, they fly
you from the airport to the Green Zone.
We are occupying Saddam Hussein's palaces. We are in the very area
where Saddam Hussein occupied and there's no accountability.
We need to redeploy to stabilize this situation. We need to get our
troops out of the killing zone. We have lost more people in the last 4
months than we lost any other 4 months in the entire war.
Now, let me tell you what you're voting against if you vote against
this bill.
Well, first of all, let me tell you why I say it's not working. Oil
production, below pre-war level; oil exports, below pre-war level;
electricity production, below pre-war level. Hours of electricity in
Baghdad, they had to shut down the Parliament the other day because
they didn't have enough electricity. The microphones wouldn't work, and
they had no air conditioning inside; and, of course, they have air
conditioning in the Green Zone. Potable water, people with potable
water, below pre-war level; unemployment rate between 25 and 40
percent; inflation rate in Iraq, 50 percent.
Now, here's what you're voting if you vote against this bill. There's
$95.5 billion for the troops. There's $12.3 billion for military
personnel pay and benefits program. $1.15 billion to cover the full
cost of housing allowances, something that was left out last year.
We are adding $2 billion to address the training and equipping
shortfalls in the forces not deployed. We actually have $4 billion more
in this bill than was asked for.
We have $2 billion dedicated to the strategic reserve readiness fund.
We recommend adding $1 billion for Afghanistan, where the real war
should be fought.
We have $25.6 billion in this bill, and if you vote against it,
you're voting against $25.6 billion purchases to increase the
President's request by $800 million. That's the acquisition. The
proposal allocates $3 billion. Let me tell you, the Pentagon asked for
$1.3 billion. We added $1.2 billion for MRAPs. What are MRAPs? MRAPs
are the V-shaped vehicles that resist IEDs.
Now, some of your children have been there. Some of your sons and
daughters have been there. This the Pentagon says is their most
important equipment, and we added twice as much money as they asked for
in the budget, and if you vote against this, you are voting against
that very equipment.
We passed legislation that fully funded everything at $4 billion more
and the President vetoed it. He should have signed that bill.
For the Army procurement accounts, we approved a total of $15.8
billion, more for Humvees, more for Strykers. Somebody mentioned
Strykers. Let me tell you something, if it hadn't been for the
Subcommittee on Defense, there wouldn't have been any Strykers for the
Army because they wanted them, but they weren't willing to ask for the
money.
The defense health programs, somebody mentioned Walter Reed. All of
us have been to Walter Reed. All of us have seen the young people who
have been shattered by this war. All of us have seen the people who go
to Walter Reed and are taken care of so well. None of us knew about
Building 18, but we put money in the budget for three or four years in
a row, and it was mishandled. It didn't go to fixing up the places that
should have been fixed up.
I just went out there a week ago, and I met with the doctors. The
doctors

[[Page H4863]]

said we don't have enough doctors. They said we don't have enough
nurses, we don't have enough administrative people, at Walter Reed
today. Why? Because they can't afford to pay them as much as they would
on the outside. We put $2.1 billion above the budget request for Walter
Reed.
$450 million for post-traumatic stress. Of all the other injuries
that are suffered in Iraq, this is going to be the most damaging, the
things that people will have to live with the most. I have seen young
people that came back from Iraq that are having a hard time adjusting,
and they were not in the heaviest contact. The psychologists that
appeared before the committee said to me, 3 months in this situation is
a long time, 3 months they start getting post-traumatic stress.
Predictions are we will have 65,000 Americans, not Iraqis, Americans
that are going to have post-traumatic stress.
You wonder why we want to bring this to an end? We want to change the
direction? You wonder why we want to convince the President that it's
not working? Why we have to have a diplomatic surge instead of a
military surge?
We put $450 million in for brain damage to see if we can't find ways
to help the people with brains that have been damaged. If you vote
against this, you're voting against that.
Amputee care, $62 million for amputee care; $12 million for care
givers. The care givers at Walter Reed, at Landstuhl are suffering
because they see this all the time. They see these young people coming
in, and they are shattered.
Let me tell you this, finally. I went down to Fort Hood, Fort Bragg,
Fort Stewart; and I saw at those bases these families who inspire me,
these families who I can't say enough about them. And they gathered
around me and we talked about their problems. It had just been
announced they are going to extend the troops for 15 months. Now,
Secretary Gates made the right decision because he wasn't going to
leave them at home. Because of what we have done here in the Congress,
he is now leaving people at home for at least a year, and let me tell
you that's essential for these people who have to go back.
Some of these troops in the 82nd Airborne will be deployed for the
fourth and the fifth time. They're individuals. They're people. They're
people suffering from the horrendous impact of this war, and I ask you
to vote for this because we want to hold this President accountable for
this war, hold him accountable and convince him we need compromises.
Ms. JACKSON-LEE of Texas. Mr. Speaker, as a proud member of the
Progressive and the Out of Iraq Caucuses, I rise to announce that I
will proudly cast my vote in favor of H.R. 2206, the ``U.S. Troop
Readiness, Veterans' Care, Katrina Recovery, and Iraq Accountability
Act.'' By vetoing the bipartisan Iraq Accountability Act last week, the
President vetoed the will of the American people. The President vetoed
a responsible funding bill for the troops that would have provided more
funding for our troops and military readiness than even the President
requested.
By vetoing the Iraq Accountability Act, the President rejected a bill
that reflects the will of the American people to wind down this war. By
vetoing the Iraq Accountability Act, the President turned a deaf ear to
the loud message sent by the American people last November.
The President demands a blank check to escalate the war in Iraq
against the will of the Congress and the American people. The
Constitution does not require it, he certainly has not earned it, and I
am not prepared to give it to him. That is why I will proudly vote for
H.R. 2206.
The legislation crafted by the chairman of the Appropriations
Committee in consultation with the leadership and the members of the
Democratic Caucus offers us a real chance to end the misguided
invasion, war, and occupation of Iraq. It puts us on the glide path to
the day when our troops come home in honor and triumph and where we can
``care for him who has borne the battle, and for his widow and
orphan.'' This legislation helps to repair the damage to America's
international reputation and prestige. It brings long overdue
oversight, accountability, and transparency to defense and
reconstruction contracting and procurement. Finally, it places the
responsibility for bringing peace and security where it clearly belongs
and that is squarely on the shoulders of the Iraqi government.
Mr. Speaker, in threatening to veto this legislation, the President
claims it will ``undermine our troops and threaten the safety of the
American people here at home.'' Coming from an administration that has
been wrong on every important question relating to the decision to
launch the Iraq war as well the conduct of it, this claim is laughable.
It is nearly as ridiculous as the President's often stated claim of
``progress'' in Iraq. The facts, of course, are otherwise. The U.S.
death toll in Iraq reached 104 for April--making it the deadliest month
of the year and one of the deadliest of the entire war. It is therefore
little wonder that nearly 70 percent of Americans disapprove of the way
the President is handling the war. But more important, the President's
claim that the Iraq Accountability Act undermines our troops and
threatens the safety of the American people here at home is simply not
true.
Republican Senator Chuck Hagel recently returned from Iraq and paints
a bleak picture: ``This thing is coming undone quickly, and [Prime
Minister] Maliki's government is weaker by the day. The police are
corrupt top to bottom. The oil problem is a huge problem. They still
can't get anything through the parliament--no hydrocarbon law, no de-
Baathification law, no provincial elections.''
Mr. Speaker, many of the Nation's most highly respected generals and
several leading Republicans have endorsed the House Democratic
majority's approach; all of them oppose the President's plan to
escalate the war in Iraq. Take, for example, MG John Batiste, U.S.
Army, (Ret.):

This important legislation sets a new direction for Iraq.
It acknowledges that America went to war without mobilizing
the nation, that our strategy in Iraq has been tragically
flawed since the invasion in March 2003, that our Army and
Marine Corps are at the breaking point with little to show
for it, and that our military alone will never establish
representative government in Iraq. The administration got it
terribly wrong and I applaud our Congress for stepping up to
their constitutional responsibilities.

MG Paul Eaton, USA, Ret. supports this legislation because it ``gives
General Petraeus great leverage for moving the Iraqi government down
the more disciplined path laid out by the Iraq Study Group.'' According
to General Eaton, the real audience for the timeline language is Prime
Minister al-Maliki and the elected government of Iraq:

The argument that this bill aides the enemy is simply not
mature--nobody on the earth underestimates the United States'
capacity for unpredictability. It may further create some
sense of urgency in the rest of our government, beginning
with the State Department.

LTG William E. Odom, U.S. Army (Ret.), President Reagan's Director of
the National Security Agency, supports the bill because it ``gives the
president a chance to pull back from a disastrous course, re-orient
U.S. strategy to achieve regional stability, and win help from many
other countries--the only way peace will eventually be achieved.''
Mr. Speaker, to date, the war in Iraq has lasted longer than
America's involvement in World War II, the greatest conflict in all of
human history. But there is a difference. The Second World War ended in
complete and total victory for the United States and its allies. But
then again, in that conflict America was led by FDR, a great Commander-
in-Chief, who had a plan to win the war and secure the peace, listened
to his generals, and sent troops in sufficient numbers and sufficiently
trained and equipped to do the job.
As a result of the colossal miscalculation in deciding to invade
Iraq, the loss of public trust resulting from the misrepresentation of
the reasons for launching that invasion, and the breathtaking
incompetence in mismanaging the occupation of Iraq, the Armed Forces
and the people of the United States have suffered incalculable damage.
The war in Iraq has claimed the lives of 3,381 brave service men and
women, 64 in the first 30 days of this month. More than 24,912
Americans have been wounded, many suffering the most horrific injuries.
American taxpayers have paid nearly $400 billion to sustain this
misadventure.
Mr. Speaker, I support H.R. 2206 because it holds President Bush and
the Iraqi government accountable--by fencing $52.8 billion of the $95.5
billion provided to the Defense Department until released by subsequent
legislation. This bill requires the President to confront the realities
of the Iraq war and take account of the facts on the ground.
First, the bill requires the President to submit a report to Congress
by July 13 regarding the success of the Iraqi Government in meeting
security and political benchmarks. The President must report progress
by the Iraqi Government in meeting key security benchmarks, articulated
by Iraqi Prime Minister Maliki himself in January, including
eliminating militia control of local security, I disarming the
militias, and giving Iraqi Security Forces the authority to pursue all
extremists, including Shiite militias.
The legislation also requires the President to report on whether key
political benchmarks,

[[Page H4864]]

announced by President Bush himself in January have actually been
accomplished by the Iraqi Government, relating to such issues as
enacting a bill to equitably share oil revenue among all Iraqis,
reforming current laws governing the de-Baathircation process,
providing for provincial elections, and amending the constitution.
Second, within 7 legislative days after receiving the report in July,
both the House and Senate would vote on whether to release the
remaining defense funds. Thus, the bill guarantees two votes by
Congress in July.
The first guaranteed vote is a vote on an amendment to the measure
releasing the remaining defense funding, which would provide that this
funding could only be used for planning and executing the redeployment
of U.S. troops from Iraq within 180 days of the bill's enactment, with
only limited exceptions to this redeployment for troops for training
and equipping Iraqi troops, targeted counterterrorism operations, and
force protection.
The second guaranteed vote is a vote on the underlying measure
releasing the remaining defense funds. The bill contains expedited
procedures to guarantee that the votes take place in both the House and
Senate by the end of July.
Mr. Speaker, it is time to hold the Bush administration and the Iraqi
Government accountable. This bill's timetable and benchmarks finally
hold the Iraqis accountable. As retired MG Paul Eaton has stated,
``This bill gives General Petraeus great leverage for moving the Iraqi
government down the more disciplined path laid out by the Iraq Study
Group. The real audience for the timeline language is Prime Minister
al-Maliki and the elected government of Iraq.
Even Defense Secretary Robert Gates has noted that the timetable is
helpful--and sends the message that ``the clock is ticking.'' Gates
said ``The strong feelings expressed in the Congress about the
timetable probably have had a positive impact . . . in terms of
communicating to the Iraqis that this is not an open-ended
commitment.''
Mr. Speaker, in passing H.R. 2206, this House will be doing the
business and expressing the will of the American people. In the latest
CBS News/New York Times poll, 64 percent of Americans favor a timetable
that provides for the withdrawal of U.S. troops from Iraq in 2008. In
the same poll, 57 percent of Americans believe that Congress, not the
President, should have the last say when it comes to setting troop
levels in Iraq.
Mr. Speaker, in passing H.R. 2206, Congress is fulfilling its
constitutional responsibilities and exercising the first check on the
President's power in 6 years. As Iraq Study Group Co-Chairman Lee
Hamilton has pointed out, ``The founders of our nation never envisioned
an unfettered president making unilateral decisions about American
lives and military power. They did indeed make the president the
commander in chief, but they gave to Congress the responsibility for
declaring war, for making rules governing our land and naval forces,
for overseeing policy, and of course the ability to fund war or to
cease funding it.''
Mr. Speaker, I urge all Members to join me in voting for H.R. 2206.
This is the best way to ensure accountability to our soldiers who have
been sent into battle without proper training or equipment or a clear
mission. It is the best way to keep faith with our veterans who are not
getting the best medical care when they come home. Passing this
legislation is essential to restoring our military that is being
stretched to the limits by the Bush policy. Last, it is absolutely
necessary to regain the confidence of the American people who demand a
new direction in Iraq.
Mr. BECERRA. Mr. Speaker, I rise in support of H.R. 2206, the revised
Iraq Accountability Act.
This legislation fully funds the troops in Iraq and Afghanistan,
provides health care to our active duty soldiers and veterans, holds
the Iraqi Government accountable, and continues to pressure President
George W. Bush to change the course and responsibly end our military
involvement in Iraq.
The American people have spoken clearly time and again that the
United States must find an end to its commitment in Iraq. Last month,
Congress responded to the American people by sending President Bush a
bill that required him to be accountable in his execution of the Iraq
war. He responded to that legislation by vetoing it and asking for a
blank check for his Iraqi misadventure. How symbolic that the President
vetoes the Iraq Accountability Act on May 1, 2007, the 4-year
anniversary of his ``Mission Accomplished'' speech.
In an attempt to compromise with President Bush, the House of
Representatives has revised its legislation. H.R. 2206 provides over
$42 billion immediately to fund the operations and equipment needs of
our troops in Iraq and Afghanistan.
To ensure real accountability over execution of the war, the bill
requires the President to submit a report to Congress by July 13
regarding the success of the Iraqi Government in meeting security and
political benchmarks. Iraqi Prime Minister Nouri al-Maliki and
President Bush proposed these very benchmarks in January 2007. These
benchmarks include provisions such as eliminating militia control of
local security, disarming the militias, and enacting a bill to
equitably share oil revenue among all Iraqis.
After the submission of this report, both houses of Congress would
vote on whether to release an additional $52.8 billion for military
operations and equipment in Iraq. Before such a vote, H.R. 2206 would
require an important vote on an amendment to use these funds only to
plan and execute a redeployment of troops from Iraq in 180 days. This
is the crucial vote: will we finally change course in Iraq and
represent the aspirations and the best interests of the American
people?
This legislation requires the President to confront the realities of
the Iraq War and take account of the facts on the ground. Since
President Bush has shown a tin ear by failing to listen to the American
public's discontent concerning the Iraq War, it is the responsibility
of Congress to lead America out of this war. By sending this strong
piece of legislation to the president, we are one step closer to
reaching that goal.
I urge my colleagues to support this legislation to bring
accountability in Iraq and provide the necessary help to our troops and
veterans at home.
Ms. VELAZQUEZ. Mr. Speaker, today is a landmark day in our efforts to
end the war in Iraq. There is nothing more offensive to a democracy
than a war being waged against the people's will. Yet that is the
situation our soldiers face every day.
Tonight, the House has a chance to reflect the will of the people on
the most important issue of our time. We have the opportunity to vote
to reunite our soldiers with their families. Let this body speak with
one booming voice that cannot be denied. Mr. President--no more surges.
Bring them home.
I have opposed this war from day one. But now is not the time to talk
about the past. It's time to talk about the future of this country.
Under the legislation proposed by my friend from Massachusetts, Mr.
McGovern, most of our soldiers and contractors in Iraq will be back
with us in 9 months.
The Iraq war has ended the lives of nearly 150 New Yorkers, and
nearly 3,400 Americans. The young people we have lost in Iraq are as
diverse as America itself--they are people of color, teenagers, women,
immigrants of many faiths, and many are from my own home in Brooklyn.
Tens of thousands more are severely injured and will need our care for
the rest of their lives.
We do not serve Iraq by staying there. While our military can help
the Iraqi Government with security, no surge can resolve Iraq's bitter
political differences. Our diplomatic efforts will carry more weight
after we leave. We can better ask Iraq's neighbors to help when we are
Iraq's partner, not its occupier.
It's time to bring our troops home to their families. By supporting
Speaker Pelosi's package of H.R. 2237, H.R. 2206, and H.R. 2207, we can
achieve critical domestic priorities, fund our soldiers and veterans,
and begin a swift withdrawal from Iraq. I urge the support of my
colleagues.
Mr. CONYERS. Mr. Speaker, I rise today in support of H.R. 2206, the
U.S. Troops Readiness, Veterans' Care, Katrina Recovery, and Iraq
Accountability Appropriations Act of 2007. The revised Iraq
Accountability Act supports our troops while holding President Bush and
the Iraqi Government accountable.
After vetoing the April supplemental bill that was supported by a
majority of the American people, President Bush is once more asking for
a blank check to continue his escalation of our military involvement in
Iraq. Once again, the President has chosen confrontation over
cooperation by threatening to veto the bill we are considering today.
After a meeting during which lawmakers from his own party told him he
had lost the confidence of the American people, the President issued a
statement claiming to support ``benchmarks'' for progress in Iraq. But,
unlike congressional Republicans, the President will not support
consequences for failure to meet those benchmarks. It should be obvious
to all that benchmarks without consequences are nothing but meaningless
window dressing.
This Congress will not provide the President the blank check that he
has requested. In last November's election, the American people
demanded a new direction in Iraq, and we will continue to fight to
responsibly wind down this war. Our revised bill will fully fund the
troops, honor our commitment to veterans, hold the Iraqi Government
accountable, and continue to press the President to change course and
stop the bloodshed in Iraq. It also provides funding for urgent
domestic needs that are emergencies in their own right and appropriate
to include in this emergency supplemental legislation. These include a
minimum wage/small business tax relief package, $6.8 billion for
Hurricane Katrina recovery, $3.5 billion more

[[Page H4865]]

than the President's request, $400 million for the Low Income Heating
Assistance Program, LIHEAP, and $396 million for the State Children's
Health Insurance Program, S-CHIP.
I voted earlier today in favor of Congressman McGovern's bill
providing for the redeployment of United States Armed Forces and
American defense contractors from Iraq. That measure was defeated, but
attracted far more support than many observers had predicted,
indicating a growing momentum inside Congress for redeployment. I
remain confident that as the tragedy in Iraq wears on, even more
Members of Congress will join in demanding withdrawal of our troops
from Iraq and prohibiting the further use of funds to continue
President Bush's war. In the meantime, however, I will join with my
colleagues in the Democratic Caucus to send the President a
supplemental funding bill that demands accountability and guarantees
further congressional consideration of war funding in just a few short
months.
H.R. 2206 fully funds the troops over the next 2 to 3 months,
ensuring that they have everything they need to conduct their mission.
The bill also includes additional funding for the troops not requested
by the President, including increased funding for military health care
and Mine Resistant Ambush Protected, MRAP, vehicles in Iraq. It
includes funds to improve military readiness as well as $1.8 billion to
meet our veterans' health care needs.
The bill would fence off $52.8 billion of the $95.5 billion provided
to the Defense Department until it is released by subsequent
legislation. It requires the President to submit a report to Congress
by July 13 of this year regarding the success of the Iraqi Government
in meeting key security and political benchmarks. Within 7 legislative
days of receipt of the report, Congress would have the opportunity to
evaluate the situation in Iraq and vote on whether or not to continue
to fund the war. Expedited procedures are included in the bill to
guarantee that this vote will take place in both the House and Senate
by the end of July.
I would have preferred not to be taking this vote today, but the
President has brought us to this point with his stubborn refusal to
accept the will of the American people. I will continue to support any
Iraq-related legislation that holds the President's feet to the fire.
The inferno raging in Iraq is one of his own making, and he should be
forced to feel the heat.
Mr. CARNAHAN. Mr. Speaker, I rise today to express my support for
H.R. 2206, the U.S. Troops Readiness, Veterans' Care, Katrina Recovery,
and Iraq Accountability appropriations Act. This legislation will fund
our troops, protect our veterans, and give the much needed relief to
the Gulf region while sending a clear message to the Iraqi government
that they will not receive a blank check.
However, I would like to express my displeasure that the bill
includes a rescission of nearly $683 million in unobligated highway
funds. The cost of the Iraq war has already taken too many lives and
costs way too much money. Our nation's infrastructure is at a breaking
point, and cannot afford to be subjected to further cuts. At a time
when increased investment in our roadways is critical, this rescission
hurts our Federal-aid highway program. Some roads in my District have
been rated among the most dangerous in the country and it is critical
that we fully fund highway improvements to ensure the safety of our
constituents. I look forward to soon having the opportunity to vote to
restore these funds.
Mr. LARSON of Connecticut. Mr. Speaker, last week President Bush
marked the fourth anniversary his proclaimed ``Mission Accomplished''
in Iraq with a veto. He refused to heed the will of the American people
and disregarded the work of this Congress by vetoing the Iraq
Accountability Act that called for a new direction in Iraq.
Earlier tonight, I supported a bill offered by the gentleman from
Massachusetts, Mr. McGovern that would have provided for the
redeployment of U.S. Armed Forces and defense contractors from Iraq. I
have believed for some time now that we must begin the safe and
strategic withdrawal of our troops. While this measure was defeated, I
remain resolved we must change the current course in Iraq.
Before the House is a revised Iraq Accountability bill. This bill
continues to keep our commitment to our servicemen and women and to the
American people. It fully funds our troops, improves military readiness
and holds the Bush Administration and the Iraqi government accountable.
The bill would provide $95.5 billion to the Department of Defense, but
would fence off $52.8 billion, more than half of the funds. This
funding would be held by Congress until the Bush Administration
accounts for progress on the ground. President Bush would have to
report to Congress the progress of the Iraqi Government in meeting key
security benchmarks by July 13, 2007. Only with this accountability and
another vote by Congress would the remaining funds be appropriated.
The era of ``stay the course'' and blank checks without
accountability is over. I call upon my colleagues and the President to
search their conscience and join me in supporting the underlying bill--
a balanced and reasonable approach to Iraq.
The SPEAKER pro tempore. The gentleman's time has expired.
All time for debate has expired.
Pursuant to House Resolution 387, the previous question is ordered on
the bill, as amended.
The question is on the engrossment and third reading of the bill.
The bill was ordered to be engrossed and read a third time, and was
read the third time.

Motion to Recommit Offered by Mr. Lewis of California

Mr. LEWIS of California. Mr. Speaker, I offer a motion to recommit.
The SPEAKER pro tempore. Is the gentleman opposed to the bill?
Mr. LEWIS of California. I am in its present form.
The SPEAKER pro tempore. The Clerk will report the motion to
recommit.
The Clerk read as follows:
Mr. Lewis of California moves to recommit the bill, H.R.
2206, to the Committee on Appropriations to report the same
back to the House forthwith with the following amendment:
In chapter 3 of title I, strike section 1331.

The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
California is recognized for 5 minutes on his motion.
Mr. LEWIS of California. Mr. Speaker, I rise to offer this very
simple and straightforward motion to recommit.
Included within Mr. Obey's emergency supplemental proposal is
legislative language that requires the President to report by July 13
on the specific progress the Iraqi Government has made in meeting 16
specific goals. Once this report is received, only the chairman of the
Appropriations Committee can introduce a joint resolution of approval
to release any additional funds to our troops in Iraq.
The chairman of the House Appropriations Committee is not required to
introduce the joint resolution of approval, and no other Member can do
it. The authority that this gives the chairman of the committee to
introduce or not introduce legislation is unprecedented.
Further, in an almost unprecedented move, this supplemental includes
the rule under which the joint resolution will be brought to the floor.
And under this rule, the only amendment made in order is one that
mandates the withdrawal of troops from Iraq within 6 months.
Mr. Speaker, this legislative language sets dangerous precedents that
should be of great concern to Members on both sides of the aisle.
My motion to recommit strikes this legislative language in section
1331, the so-called fence language, limiting the availability of funds
for our troops. This ill-conceived language not only grants the
chairman of the House Appropriations Committee extraordinary authority,
but also preordains the rule by which the joint resolution will be
brought to the floor.
I strongly urge a ``yes'' vote on this motion to recommit.
Mr. OBEY. Mr. Speaker, I rise in opposition to the motion to
recommit.
The SPEAKER pro tempore. The gentleman from Wisconsin is recognized
for 5 minutes.
Mr. OBEY. Mr. Speaker, let me simply say that this motion is very
simple.
It simply removes the provision in this bill which fences almost $50
billion pending the three reports from the President that we have
talked about for the last hour. The effect of it is to give the
President every dollar he wants, no questions asked, no oversight, no
review, no nothing. It is a blank check, and it guts the bill, and I
would urge a ``no'' vote.
Mr. Speaker, I yield to the gentleman from Pennsylvania.
Mr. MURTHA. Mr. Speaker, let me say, I see the Vice President has
gone to Iraq to urge the Iraqis not to take a 2-month vacation. I mean,
we have got to put some pressure on them. It hasn't been working. I
mean, I see the Vice President also said, he said they seem to be more
enthused than they used to be. Let me tell you something, we have got
to do something more than be enthused when the Americans are in the
killing zone. That's the problem.
If this amendment were adopted, we would lose all our leverage on the
Iraqis. The Iraqis could go on as they have, and one of the biggest
problems

[[Page H4866]]

we have right now is that every time the Iraqis don't do something, the
Americans are put in a killing zone.
So I would urge the Members to reject this motion to recommit.
Mr. OBEY. Mr. Speaker, if you remove the fencing, you remove all
pressure for policy change. That's the last thing we ought to want to
do. If you vote for this motion, it is an endorsement of the status
quo. I urge a ``no'' vote.
The SPEAKER pro tempore. Without objection, the previous question is
ordered on the motion to recommit.
There was no objection.
The SPEAKER pro tempore. The question is on the motion to recommit.
The question was taken; and the Speaker pro tempore announced that
the noes appeared to have it.
Mr. LEWIS of California. Mr. Speaker, I object to the vote on the
ground that a quorum is not present and make the point of order that a
quorum is not present.
The SPEAKER pro tempore. Evidently a quorum is not present.
The Sergeant at Arms will notify absent Members.
Pursuant to clause 9 of rule XX, the Chair may reduce to 5 minutes
the minimum time for any electronic vote on the question of passage of
the bill.
The vote was taken by electronic device, and there were--yeas 195,
nays 229, not voting 9, as follows:

[Roll No. 332]

YEAS--195

Aderholt
Akin
Alexander
Bachmann
Baker
Barrett (SC)
Bartlett (MD)
Barton (TX)
Biggert
Bilbray
Bilirakis
Bishop (UT)
Blackburn
Blunt
Bonner
Bono
Boozman
Boustany
Brady (TX)
Brown (SC)
Brown-Waite, Ginny
Buchanan
Burgess
Burton (IN)
Buyer
Calvert
Camp (MI)
Campbell (CA)
Cannon
Cantor
Capito
Carter
Castle
Chabot
Coble
Cole (OK)
Conaway
Crenshaw
Cubin
Culberson
Davis (KY)
Davis, David
Davis, Tom
Deal (GA)
Dent
Diaz-Balart, L.
Diaz-Balart, M.
Doolittle
Drake
Dreier
Duncan
Ehlers
Emerson
English (PA)
Everett
Fallin
Feeney
Ferguson
Flake
Forbes
Fortenberry
Fossella
Foxx
Franks (AZ)
Frelinghuysen
Gallegly
Garrett (NJ)
Gerlach
Gillmor
Gingrey
Gohmert
Goode
Goodlatte
Granger
Graves
Hall (TX)
Hastert
Hastings (WA)
Hayes
Heller
Hensarling
Herger
Hobson
Hoekstra
Hulshof
Hunter
Inglis (SC)
Issa
Jindal
Johnson (IL)
Johnson, Sam
Jordan
Keller
King (IA)
King (NY)
Kingston
Kirk
Kline (MN)
Knollenberg
Kuhl (NY)
LaHood
Lamborn
Latham
LaTourette
Lewis (CA)
Lewis (KY)
Linder
LoBiondo
Lucas
Lungren, Daniel E.
Mack
Manzullo
Marchant
Marshall
McCarthy (CA)
McCaul (TX)
McCotter
McCrery
McHenry
McHugh
McKeon
Mica
Miller (FL)
Miller (MI)
Miller, Gary
Mitchell
Moran (KS)
Murphy, Tim
Musgrave
Myrick
Neugebauer
Nunes
Pearce
Pence
Peterson (PA)
Petri
Pickering
Pitts
Platts
Poe
Porter
Price (GA)
Pryce (OH)
Putnam
Radanovich
Ramstad
Regula
Rehberg
Reichert
Renzi
Rogers (AL)
Rogers (KY)
Rogers (MI)
Rohrabacher
Ros-Lehtinen
Roskam
Royce
Ryan (WI)
Sali
Saxton
Schmidt
Sensenbrenner
Sessions
Shadegg
Shays
Shimkus
Shuster
Simpson
Smith (NE)
Smith (NJ)
Smith (TX)
Stearns
Sullivan
Tancredo
Taylor
Terry
Thornberry
Tiahrt
Tiberi
Turner
Upton
Walberg
Walden (OR)
Walsh (NY)
Wamp
Weldon (FL)
Weller
Westmoreland
Whitfield
Wicker
Wilson (NM)
Wilson (SC)
Wolf
Young (AK)
Young (FL)

NAYS--229

Abercrombie
Ackerman
Allen
Altmire
Andrews
Arcuri
Baca
Baird
Baldwin
Barrow
Bean
Becerra
Berkley
Berman
Berry
Bishop (GA)
Bishop (NY)
Blumenauer
Boren
Boswell
Boucher
Boyd (FL)
Boyda (KS)
Braley (IA)
Brown, Corrine
Butterfield
Capps
Capuano
Cardoza
Carnahan
Carney
Carson
Castor
Chandler
Clarke
Clay
Cleaver
Clyburn
Cohen
Conyers
Cooper
Costa
Costello
Courtney
Cramer
Crowley
Cuellar
Cummings
Davis (AL)
Davis (CA)
Davis (IL)
Davis, Lincoln
DeFazio
DeGette
Delahunt
DeLauro
Dicks
Dingell
Doggett
Donnelly
Doyle
Edwards
Ellison
Ellsworth
Emanuel
Eshoo
Etheridge
Farr
Filner
Frank (MA)
Giffords
Gilchrest
Gillibrand
Gonzalez
Gordon
Green, Al
Green, Gene
Grijalva
Gutierrez
Hall (NY)
Hare
Harman
Hastings (FL)
Herseth Sandlin
Higgins
Hill
Hinchey
Hinojosa
Hirono
Hodes
Holden
Holt
Honda
Hooley
Hoyer
Inslee
Israel
Jackson (IL)
Jackson-Lee (TX)
Jefferson
Johnson (GA)
Johnson, E. B.
Jones (NC)
Jones (OH)
Kagen
Kanjorski
Kaptur
Kennedy
Kildee
Kilpatrick
Kind
Klein (FL)
Kucinich
Lampson
Langevin
Lantos
Larsen (WA)
Larson (CT)
Lee
Levin
Lewis (GA)
Lipinski
Loebsack
Lofgren, Zoe
Lowey
Lynch
Mahoney (FL)
Maloney (NY)
Markey
Matheson
Matsui
McCarthy (NY)
McCollum (MN)
McDermott
McGovern
McIntyre
McNerney
McNulty
Meehan
Meek (FL)
Meeks (NY)
Melancon
Michaud
Miller (NC)
Miller, George
Mollohan
Moore (KS)
Moore (WI)
Moran (VA)
Murphy (CT)
Murphy, Patrick
Murtha
Nadler
Napolitano
Neal (MA)
Oberstar
Obey
Olver
Ortiz
Pallone
Pascrell
Pastor
Paul
Payne
Pelosi
Perlmutter
Peterson (MN)
Pomeroy
Price (NC)
Rahall
Rangel
Reyes
Rodriguez
Ross
Rothman
Roybal-Allard
Ruppersberger
Rush
Ryan (OH)
Salazar
Sanchez, Linda T.
Sanchez, Loretta
Sarbanes
Schakowsky
Schiff
Schwartz
Scott (GA)
Scott (VA)
Serrano
Sestak
Shea-Porter
Sherman
Shuler
Sires
Skelton
Slaughter
Smith (WA)
Snyder
Solis
Space
Spratt
Stark
Stupak
Sutton
Tanner
Tauscher
Thompson (CA)
Thompson (MS)
Tierney
Towns
Udall (CO)
Udall (NM)
Van Hollen
Velazquez
Visclosky
Walz (MN)
Wasserman Schultz
Waters
Watson
Watt
Waxman
Weiner
Welch (VT)
Wexler
Wilson (OH)
Woolsey
Wu
Wynn
Yarmuth

NOT VOTING--9

Bachus
Boehner
Brady (PA)
Davis, Jo Ann
Engel
Fattah
McMorris Rodgers
Reynolds
Souder

{time} 1951

Mr. SNYDER and Mr. DOGGETT changed their vote from ``yea'' to
``nay.''
Mr. TANCREDO, Mr. WALSH of New York, and Mrs. CUBIN changed their
vote from ``nay'' to ``yea.''
So the motion to recommit was rejected.
The result of the vote was announced as above recorded.
Stated against:
Mr. ROGERS of Michigan. Mr. Speaker, on this evening's rollcall vote
number 333 I was detained and did not cast my ballot. If I had cast a
ballot I would have voted ``nay.''
The SPEAKER pro tempore. The question is on the passage of the bill.
Pursuant to clause 10 of rule XX, the yeas and nays are ordered.
This will be a 5-minute vote.
The vote was taken by electronic device, and there were--yeas 221,
nays 205, not voting 7, as follows:

[Roll No. 333]

YEAS--221

Abercrombie
Ackerman
Allen
Altmire
Andrews
Arcuri
Baca
Baird
Baldwin
Barrow
Bean
Becerra
Berkley
Berman
Berry
Bishop (GA)
Bishop (NY)
Blumenauer
Boren
Boswell
Boucher
Boyd (FL)
Boyda (KS)
Braley (IA)
Brown, Corrine
Butterfield
Capps
Capuano
Cardoza
Carnahan
Carney
Carson
Castor
Chandler
Clarke
Clay
Cleaver
Clyburn
Cohen
Conyers
Cooper
Costa
Costello
Courtney
Cramer
Crowley
Cuellar
Cummings
Davis (AL)
Davis (CA)
Davis (IL)
Davis, Lincoln
DeFazio
DeGette
Delahunt
DeLauro
Dicks
Dingell
Doggett
Donnelly
Doyle
Edwards
Ellison
Ellsworth
Emanuel
Eshoo
Etheridge
Farr
Filner
Frank (MA)
Giffords
Gilchrest
Gillibrand
Gonzalez
Gordon
Green, Al
Green, Gene
Grijalva
Gutierrez
Hall (NY)
Hare
Harman
Hastings (FL)
Herseth Sandlin
Higgins
Hill
Hinchey
Hinojosa
Hirono
Hodes
Holden
Holt
Honda
Hooley
Hoyer
Inslee
Israel
Jackson (IL)
Jackson-Lee (TX)
Jefferson
Johnson (GA)
Johnson, E. B.
Jones (NC)
Jones (OH)
Kagen
Kanjorski
Kaptur
Kennedy
Kildee
Kilpatrick
Kind
Klein (FL)
Lampson
Langevin
Lantos
Larsen (WA)
Larson (CT)
Levin
Lipinski
Loebsack
Lofgren, Zoe
Lowey
Lynch
Mahoney (FL)
Maloney (NY)
Markey
Marshall
Matheson
Matsui
McCarthy (NY)
McCollum (MN)
McDermott
McGovern
McIntyre
McNerney
Meehan
Meek (FL)
Meeks (NY)
Melancon
Miller (NC)
Miller, George
Mitchell
Mollohan
Moore (KS)
Moore (WI)
Moran (VA)
Murphy (CT)
Murphy, Patrick
Murtha
Nadler
Napolitano
Neal (MA)
Oberstar
Obey
Olver
Ortiz
Pallone
Pascrell
Pastor
Payne
Pelosi
Perlmutter
Peterson (MN)
Pomeroy
Price (NC)
Rahall
Rangel
Reyes
Rodriguez
Ross
Rothman
Roybal-Allard
Ruppersberger

[[Page H4867]]

Rush
Ryan (OH)
Salazar
Sanchez, Linda T.
Sanchez, Loretta
Sarbanes
Schakowsky
Schiff
Schwartz
Scott (GA)
Scott (VA)
Serrano
Sestak
Shea-Porter
Sherman
Shuler
Sires
Skelton
Slaughter
Smith (WA)
Snyder
Solis
Space
Spratt
Stupak
Sutton
Tauscher
Taylor
Thompson (CA)
Thompson (MS)
Tierney
Towns
Udall (CO)
Udall (NM)
Van Hollen
Velazquez
Visclosky
Walz (MN)
Wasserman Schultz
Watt
Waxman
Weiner
Welch (VT)
Wexler
Wilson (OH)
Wu
Wynn
Yarmuth

NAYS--205

Aderholt
Akin
Alexander
Bachmann
Bachus
Baker
Barrett (SC)
Bartlett (MD)
Barton (TX)
Biggert
Bilbray
Bilirakis
Bishop (UT)
Blackburn
Blunt
Boehner
Bonner
Bono
Boozman
Boustany
Brady (TX)
Brown (SC)
Brown-Waite, Ginny
Buchanan
Burgess
Burton (IN)
Buyer
Calvert
Camp (MI)
Campbell (CA)
Cannon
Cantor
Capito
Carter
Castle
Chabot
Coble
Cole (OK)
Conaway
Crenshaw
Cubin
Culberson
Davis (KY)
Davis, David
Davis, Tom
Deal (GA)
Dent
Diaz-Balart, L.
Diaz-Balart, M.
Doolittle
Drake
Dreier
Duncan
Ehlers
Emerson
English (PA)
Everett
Fallin
Feeney
Ferguson
Flake
Forbes
Fortenberry
Fossella
Foxx
Franks (AZ)
Frelinghuysen
Gallegly
Garrett (NJ)
Gerlach
Gillmor
Gingrey
Gohmert
Goode
Goodlatte
Granger
Graves
Hall (TX)
Hastert
Hastings (WA)
Hayes
Heller
Hensarling
Herger
Hobson
Hoekstra
Hulshof
Hunter
Inglis (SC)
Issa
Jindal
Johnson (IL)
Johnson, Sam
Jordan
Keller
King (IA)
King (NY)
Kingston
Kirk
Kline (MN)
Knollenberg
Kucinich
Kuhl (NY)
LaHood
Lamborn
Latham
LaTourette
Lee
Lewis (CA)
Lewis (GA)
Lewis (KY)
Linder
LoBiondo
Lucas
Lungren, Daniel E.
Mack
Manzullo
Marchant
McCarthy (CA)
McCaul (TX)
McCotter
McCrery
McHenry
McHugh
McKeon
McNulty
Mica
Michaud
Miller (FL)
Miller (MI)
Miller, Gary
Moran (KS)
Murphy, Tim
Musgrave
Myrick
Neugebauer
Nunes
Paul
Pearce
Pence
Peterson (PA)
Petri
Pickering
Pitts
Platts
Poe
Porter
Price (GA)
Pryce (OH)
Putnam
Radanovich
Ramstad
Regula
Rehberg
Reichert
Renzi
Reynolds
Rogers (AL)
Rogers (KY)
Rohrabacher
Ros-Lehtinen
Roskam
Royce
Ryan (WI)
Sali
Saxton
Schmidt
Sensenbrenner
Sessions
Shadegg
Shays
Shimkus
Shuster
Simpson
Smith (NE)
Smith (NJ)
Smith (TX)
Stark
Stearns
Sullivan
Tancredo
Tanner
Terry
Thornberry
Tiahrt
Tiberi
Turner
Upton
Walberg
Walden (OR)
Walsh (NY)
Wamp
Waters
Watson
Weldon (FL)
Weller
Westmoreland
Whitfield
Wicker
Wilson (NM)
Wilson (SC)
Wolf
Woolsey
Young (AK)
Young (FL)

NOT VOTING--7

Brady (PA)
Davis, Jo Ann
Engel
Fattah
McMorris Rodgers
Rogers (MI)
Souder

Announcement by the Speaker Pro Tempore

The SPEAKER pro tempore (during the vote). Members are advised that 2
minutes remain in this vote.

{time} 1959

So the bill was passed.
The result of the vote was announced as above recorded.
A motion to reconsider was laid on the table.

____________________