Congressional Record, Volume 153 Issue 86 (Thursday, May 24, 2007)

[Congressional Record Volume 153, Number 86 (Thursday, May 24, 2007)]
[House]
[Pages H5776-H5911]
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 438, I call up
the bill (H.R. 2206) making emergency supplemental appropriations and
additional supplemental appropriations for agricultural and other
emergency assistance for the fiscal year ending September 30, 2007, and
for other purposes, with a Senate amendment thereto, and ask for its
immediate consideration in the House.
The Clerk read the title of the bill.
The SPEAKER pro tempore. The Clerk will designate the Senate
amendment.
The text of the Senate amendment is as follows:

Senate amendment:
Strike out all after the enacting clause and insert:
Since under the Constitution, the President and Congress
have shared responsibilities for decisions on the use of the
Armed Forces of the United States, including their mission,
and for supporting the Armed Forces, especially during
wartime;
Since when the Armed Forces are deployed in harm's way, the
President, Congress, and the Nation should give them all the
support they need in order to maintain their safety and
accomplish their assigned or future missions, including the
training, equipment, logistics, and funding necessary to
ensure their safety and effectiveness, and such support is
the responsibility of both the Executive Branch and the
Legislative Branch of Government; and
Since thousands of members of the Armed Forces who have
fought bravely in Iraq and Afghanistan are not receiving the
kind of medical care and other support this Nation owes them
when they return home: Now, therefore, be it
Determined by the Senate (the House of Representatives
concurring), that it is the sense of Congress that--
(1) the President and Congress should not take any action
that will endanger the Armed Forces of the United States, and
will provide necessary funds for training, equipment, and
other support for troops in the field, as such actions will
ensure their safety and effectiveness in preparing for and
carrying out their assigned missions;
(2) the President, Congress, and the Nation have an
obligation to ensure that those who have bravely served this
country in time of war receive the medical care and other
support they deserve; and
(3) the President and Congress should--
(A) continue to exercise their constitutional
responsibilities to ensure that the Armed Forces have
everything they need to perform their assigned or future
missions; and
(B) review, assess, and adjust United States policy and
funding as needed to ensure our troops have the best chance
for success in Iraq and elsewhere.

[[Page H5777]]

Motion Offered by Mr. Obey

Mr. OBEY. Mr. Speaker, pursuant to House Resolution 438, I have a
motion at the desk.
The SPEAKER pro tempore. The Clerk will designate the motion.
The text of the motion is as follows:

Mr. Obey moves that the House concur in the amendment of
the Senate with the amendments printed in House Report 110-
168, as follows:

Amendment 1 to the Senate Amendment to H.R. 2206

In lieu of the matter proposed to be inserted by the Senate
amendment, insert the following:

SECTION 1. SHORT TITLE.

This Act may be cited as the ``U.S. Troop Readiness,
Veterans' Care, Katrina Recovery, and Iraq Accountability
Appropriations Act, 2007''.

SEC. 2. TABLE OF CONTENTS.

The table of contents for this Act is as follows:
TITLE I--[RESERVED]
TITLE II--[RESERVED]
TITLE III--ADDITIONAL DEFENSE, INTERNATIONAL AFFAIRS, AND HOMELAND
SECURITY PROVISIONS
TITLE IV--ADDITIONAL HURRICANE DISASTER RELIEF AND RECOVERY
TITLE V--OTHER EMERGENCY APPROPRIATIONS
TITLE VI--OTHER MATTERS
TITLE VII--ELIMINATION OF SCHIP SHORTFALL AND OTHER HEALTH MATTERS
TITLE VIII--FAIR MINIMUM WAGE AND TAX RELIEF
TITLE IX--AGRICULTURAL ASSISTANCE
TITLE X--GENERAL PROVISIONS

SEC. 3. STATEMENT OF APPROPRIATIONS.

The following sums in this Act are appropriated, out of any
money in the Treasury not otherwise appropriated, for the
fiscal year ending September 30, 2007.

TITLE I--[RESERVED]

[The provisions of this title are reserved for possible
additions through subsequent amendment.]

TITLE II--[RESERVED]

[The provisions of this title are reserved for possible
additions through subsequent amendment.]

TITLE III--ADDITIONAL DEFENSE, INTERNATIONAL AFFAIRS, AND HOMELAND
SECURITY PROVISIONS

CHAPTER 1

DEPARTMENT OF AGRICULTURE

Foreign Agricultural Service

Public Law 480 Title II Grants

For an additional amount for ``Public Law 480 Title II
Grants'', during the current fiscal year, not otherwise
recoverable, and unrecovered prior years' costs, including
interest thereon, under the Agricultural Trade Development
and Assistance Act of 1954, for commodities supplied in
connection with dispositions abroad under title II of said
Act, $100,000,000, to remain available until expended.

GENERAL PROVISION--THIS CHAPTER

Sec. 3101. There is hereby appropriated $10,000,000 to
reimburse the Commodity Credit Corporation for the release of
eligible commodities under section 302(f)(2)(A) of the Bill
Emerson Humanitarian Trust Act (7 U.S.C. 1736f-1): Provided,
That any such funds made available to reimburse the Commodity
Credit Corporation shall only be used to replenish the Bill
Emerson Humanitarian Trust.

CHAPTER 2

DEPARTMENT OF JUSTICE

Federal Bureau of Investigation

Salaries and Expenses

For an additional amount for ``Salaries and Expenses'',
$139,740,000, of which $129,740,000 is to remain available
until September 30, 2008 and $10,000,000 is to remain
available until expended to implement corrective actions in
response to the findings and recommendations in the
Department of Justice Office of Inspector General report
entitled, ``A Review of the Federal Bureau of Investigation's
Use of National Security Letters'', of which $500,000 shall
be transferred to and merged with ``Department of Justice,
Office of the Inspector General''.

Drug Enforcement Administration

salaries and expenses

For an additional amount for ``Salaries and Expenses'',
$3,698,000, to remain available until September 30, 2008.

GENERAL PROVISION--THIS CHAPTER

Sec. 3201. Funds provided in this Act for the ``Department
of Justice, Federal Bureau of Investigation, Salaries and
Expenses'', shall be made available according to the language
relating to such account in the joint explanatory statement
accompanying the conference report on H.R. 1591 of the 110th
Congress (H. Rept. 110-107).

CHAPTER 3

DEPARTMENT OF DEFENSE--MILITARY

MILITARY PERSONNEL

Military Personnel, Army

For an additional amount for ``Military Personnel, Army'',
$343,080,000.

Military Personnel, Navy

For an additional amount for ``Military Personnel, Navy'',
$408,283,000.

Military Personnel, Marine Corps

For an additional amount for ``Military Personnel, Marine
Corps'', $108,956,000.

Military Personnel, Air Force

For an additional amount for ``Military Personnel, Air
Force'', $139,300,000.

Reserve Personnel, Navy

For an additional amount for ``Reserve Personnel, Navy'',
$8,223,000.

Reserve Personnel, Marine Corps

For an additional amount for ``Reserve Personnel, Marine
Corps'', $5,660,000.

Reserve Personnel, Air Force

For an additional amount for ``Reserve Personnel, Air
Force'', $6,073,000.

National Guard Personnel, Army

For an additional amount for ``National Guard Personnel,
Army'', $109,261,000.

National Guard Personnel, Air Force

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

OPERATION AND MAINTENANCE

Operation and Maintenance, Navy

For an additional amount for ``Operation and Maintenance,
Navy'', $24,000,000.

Strategic Reserve Readiness Fund

(including transfer of funds)

In addition to amounts provided in this or any other Act,
for training, operations, repair of equipment, purchases of
equipment, and other expenses related to improving the
readiness of non-deployed United States military forces,
$1,615,000,000, to remain available until September 30, 2009;
of which $1,000,000,000 shall be transferred to ``National
Guard and Reserve Equipment'' for the purchase of equipment
for the Army National Guard; and of which $615,000,000 shall
be transferred by the Secretary of Defense only to
appropriations for military personnel, operation and
maintenance, procurement, and defense working capital funds
to accomplish the purposes provided herein: Provided, That
the funds transferred shall be merged with and shall be
available for the same purposes and for the same time period
as the appropriation to which transferred: Provided further,
That the Secretary of Defense shall, not fewer than 30 days
prior to making transfers under this authority, notify the
congressional defense committees in writing of the details of
any such transfers made pursuant to this authority: Provided
further, That funds shall be transferred to the appropriation
accounts not later than 120 days after the enactment of this
Act: Provided further, That the transfer authority provided
in this paragraph is in addition to any other transfer
authority available to the Department of Defense: Provided
further, That upon a determination that all or part of the
funds transferred from this appropriation are not necessary
for the purposes provided herein, such amounts may be
transferred back to this appropriation.

PROCUREMENT

Other Procurement, Army

For an additional amount for ``Other Procurement, Army'',
$1,217,000,000, to remain available until September 30, 2009:
Provided, That the amount provided under this heading shall
be available only for the purchase of mine resistant ambush
protected vehicles.

Other Procurement, Navy

For an additional amount for ''Other Procurement, Navy'',
$130,040,000, to remain available until September 30, 2009:
Provided, That the amount provided under this heading shall
be available only for the purchase of mine resistant ambush
protected vehicles.

Procurement, Marine Corps

For an additional amount for ``Procurement, Marine Corps'',
$1,263,360,000, to remain available until September 30, 2009:
Provided, That the amount provided under this heading shall
be available only for the purchase of mine resistant ambush
protected vehicles.

Other Procurement, Air Force

For an additional amount for ``Other Procurement, Air
Force'', $139,040,000, to remain available until September
30, 2009: Provided, That the amount provided under this
heading shall be available only for the purchase of mine
resistant ambush protected vehicles.

Procurement, Defense-Wide

For an additional amount for ``Procurement, Defense-Wide'',
$258,860,000, to remain available until September 30, 2009:
Provided, That the amount provided under this heading shall
be available only for the purchase of mine resistant ambush
protected vehicles.

OTHER DEPARTMENT OF DEFENSE PROGRAMS

Defense Health Program

(including transfer of funds)

For an additional amount for ``Defense Health Program'',
$1,878,706,000; of which $1,429,006,000 shall be for
operation and maintenance, including $600,000,000 which shall
be available for the treatment of traumatic brain injury and
post-traumatic stress disorder and remain available until
September 30, 2008; of which $118,000,000 shall be for
procurement, to remain available until September 30, 2009;
and of which $331,700,000 shall be for research, development,
test and evaluation, to remain available until September 30,
2008: Provided, That if the Secretary of Defense determines
that funds made available in this paragraph for the treatment
of

[[Page H5778]]

traumatic brain injury and post-traumatic stress disorder are
in excess of the requirements of the Department of Defense,
the Secretary may transfer amounts in excess of that
requirement to the Department of Veterans Affairs to be
available only for the same purpose.

GENERAL PROVISIONS--THIS CHAPTER

Sec. 3301. None of the funds appropriated or otherwise made
available by this or any other Act shall be obligated or
expended by the United States Government for a purpose as
follows:
(1) To establish any military installation or base for the
purpose of providing for the permanent stationing of United
States Armed Forces in Iraq.
(2) To exercise United States control over any oil resource
of Iraq.
Sec. 3302. None of the funds made available in this Act may
be used in contravention of the following laws enacted or
regulations promulgated to implement the United Nations
Convention Against Torture and Other Cruel, Inhuman or
Degrading Treatment or Punishment (done at New York on
December 10, 1984)--
(1) section 2340A of title 18, United States Code;
(2) section 2242 of the Foreign Affairs Reform and
Restructuring Act of 1998 (division G of Public Law 105-277;
112 Stat. 2681-822; 8 U.S.C. 1231 note) and regulations
prescribed thereto, including regulations under part 208 of
title 8, Code of Federal Regulations, and part 95 of title
22, Code of Federal Regulations; and
(3) sections 1002 and 1003 of the Department of Defense,
Emergency Supplemental Appropriations to Address Hurricanes
in the Gulf of Mexico, and Pandemic Influenza Act, 2006
(Public Law 109-148).
Sec. 3303. (a) Report by Secretary of Defense.--Not later
than 30 days after the date of the enactment of this Act, the
Secretary of Defense shall submit to the congressional
defense committees a report that contains individual
transition readiness assessments by unit of Iraq and Afghan
security forces. The Secretary of Defense shall submit to the
congressional defense committees updates of the report
required by this subsection every 90 days after the date of
the submission of the report until October 1, 2008. The
report and updates of the report required by this subsection
shall be submitted in classified form.
(b) Report by OMB.--
(1) The Director of the Office of Management and Budget, in
consultation with the Secretary of Defense; the Commander,
Multi-National Security Transition Command--Iraq; and the
Commander, Combined Security Transition Command--Afghanistan,
shall submit to the congressional defense committees not
later than 120 days after the date of the enactment of this
Act and every 90 days thereafter a report on the proposed use
of all funds under each of the headings ``Iraq Security
Forces Fund'' and ``Afghanistan Security Forces Fund'' on a
project-by-project basis, for which the obligation of funds
is anticipated during the three-month period from such date,
including estimates by the commanders referred to in this
paragraph of the costs required to complete each such
project.
(2) The report required by this subsection shall include
the following:
(A) The use of all funds on a project-by-project basis for
which funds appropriated under the headings referred to in
paragraph (1) were obligated prior to the submission of the
report, including estimates by the commanders referred to in
paragraph (1) of the costs to complete each project.
(B) The use of all funds on a project-by-project basis for
which funds were appropriated under the headings referred to
in paragraph (1) in prior appropriations Acts, or for which
funds were made available by transfer, reprogramming, or
allocation from other headings in prior appropriations Acts,
including estimates by the commanders referred to in
paragraph (1) of the costs to complete each project.
(C) An estimated total cost to train and equip the Iraq and
Afghan security forces, disaggregated by major program and
sub-elements by force, arrayed by fiscal year.
(c) Notification.--The Secretary of Defense shall notify
the congressional defense committees of any proposed new
projects or transfers of funds between sub-activity groups in
excess of $15,000,000 using funds appropriated by this Act
under the headings ``Iraq Security Forces Fund'' and
``Afghanistan Security Forces Fund''.
Sec. 3304. None of the funds appropriated or otherwise made
available by this Act may be obligated or expended to provide
award fees to any defense contractor contrary to the
provisions of section 814 of the National Defense
Authorization Act, Fiscal Year 2007 (Public Law 109-364).
Sec. 3305. Not more than 85 percent of the funds
appropriated to the Department of Defense in this Act for
operation and maintenance shall be available for obligation
unless and until the Secretary of Defense submits to the
congressional defense committees a report detailing the use
of Department of Defense funded service contracts conducted
in the theater of operations in support of United States
military and reconstruction activities in Iraq and
Afghanistan: Provided, That the report shall provide detailed
information specifying the number of contracts and contract
costs used to provide services in fiscal year 2006, with sub-
allocations by major service categories: Provided further,
That the report also shall include estimates of the number of
contracts to be executed in fiscal year 2007: Provided
further, That the report shall include the number of
contractor personnel in Iraq and Afghanistan funded by the
Department of Defense: Provided further, That the report
shall be submitted to the congressional defense committees
not later than August 1, 2007.
Sec. 3306. Section 1477 of title 10, United States Code, is
amended--
(1) in subsection (a), by striking ``A death gratuity'' and
inserting ``Subject to subsection (d), a death gratuity'';
(2) by redesignating subsection (d) as subsection (e) and,
in such subsection, by striking ``If an eligible survivor
dies before he'' and inserting ``If a person entitled to all
or a portion of a death gratuity under subsection (a) or (d)
dies before the person''; and
(3) by inserting after subsection (c) the following new
subsection (d):
``(d) During the period beginning on the date of the
enactment of this subsection and ending on September 30,
2007, a person covered by section 1475 or 1476 of this title
may designate another person to receive not more than 50
percent of the amount payable under section 1478 of this
title. The designation shall indicate the percentage of the
amount, to be specified only in 10 percent increments up to
the maximum of 50 percent, that the designated person may
receive. The balance of the amount of the death gratuity
shall be paid to or for the living survivors of the person
concerned in accordance with paragraphs (1) through (5) of
subsection (a).''.
Sec. 3307. (a) Inspection of Military Medical Treatment
Facilities, Military Quarters Housing Medical Hold Personnel,
and Military Quarters Housing Medical Holdover Personnel.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, and annually thereafter, the
Secretary of Defense shall inspect each facility of the
Department of Defense as follows:
(A) Each military medical treatment facility.
(B) Each military quarters housing medical hold personnel.
(C) Each military quarters housing medical holdover
personnel.
(2) Purpose.--The purpose of an inspection under this
subsection is to ensure that the facility or quarters
concerned meets acceptable standards for the maintenance and
operation of medical facilities, quarters housing medical
hold personnel, or quarters housing medical holdover
personnel, as applicable.
(b) Acceptable Standards.--For purposes of this section,
acceptable standards for the operation and maintenance of
military medical treatment facilities, military quarters
housing medical hold personnel, or military quarters housing
medical holdover personnel are each of the following:
(1) Generally accepted standards for the accreditation of
medical facilities, or for facilities used to quarter
individuals with medical conditions that may require medical
supervision, as applicable, in the United States.
(2) Where appropriate, standards under the Americans with
Disabilities Act of 1990 (42 U.S.C. 12101 et seq.).
(c) Additional Inspections on Identified Deficiencies.--
(1) In general.--In the event a deficiency is identified
pursuant to subsection (a) at a facility or quarters
described in paragraph (1) of that subsection--
(A) the commander of such facility or quarters, as
applicable, shall submit to the Secretary a detailed plan to
correct the deficiency; and
(B) the Secretary shall reinspect such facility or
quarters, as applicable, not less often than once every 180
days until the deficiency is corrected.
(2) Construction with other inspections.--An inspection of
a facility or quarters under this subsection is in addition
to any inspection of such facility or quarters under
subsection (a).
(d) Reports on Inspections.--A complete copy of the report
on each inspection conducted under subsections (a) and (c)
shall be submitted in unclassified form to the applicable
military medical command and to the congressional defense
committees.
(e) Report on Standards.--In the event no standards for the
maintenance and operation of military medical treatment
facilities, military quarters housing medical hold personnel,
or military quarters housing medical holdover personnel exist
as of the date of the enactment of this Act, or such
standards as do exist do not meet acceptable standards for
the maintenance and operation of such facilities or quarters,
as the case may be, the Secretary shall, not later than 30
days after that date, submit to the congressional defense
committees a report setting forth the plan of the Secretary
to ensure--
(1) the adoption by the Department of standards for the
maintenance and operation of military medical facilities,
military quarters housing medical hold personnel, or military
quarters housing medical holdover personnel, as applicable,
that meet--
(A) acceptable standards for the maintenance and operation
of such facilities or quarters, as the case may be; and
(B) where appropriate, standards under the Americans with
Disabilities Act of 1990; and
(2) the comprehensive implementation of the standards
adopted under paragraph (1) at the earliest date practicable.
Sec. 3308. (a) Award of Medal of Honor to Woodrow W. Keeble
for Valor During Korean War.--Notwithstanding any applicable
time limitation under section 3744 of title 10, United States
Code, or any other

[[Page H5779]]

time limitation with respect to the award of certain medals
to individuals who served in the Armed Forces, the President
may award to Woodrow W. Keeble the Medal of Honor under
section 3741 of that title for the acts of valor described in
subsection (b).
(b) Acts of Valor.--The acts of valor referred to in
subsection (a) are the acts of Woodrow W. Keeble, then-acting
platoon leader, carried out on October 20, 1951, during the
Korean War.

(TRANSFER OF FUNDS)

Sec. 3309. Of the amount appropriated under the heading
``Other Procurement, Army'', in title III of division A of
Public Law 109-148, $6,250,000 shall be transferred to
``Military Construction, Army''.
Sec. 3310. The Secretary of Defense, notwithstanding any
other provision of law, acting through the Office of Economic
Adjustment or the Office of Dependents Education of the
Department of Defense, shall use not less than $10,000,000 of
funds made available in this Act under the heading
``Operation and Maintenance, Defense-Wide'' to make grants
and supplement other Federal funds to provide special
assistance to local education agencies.
Sec. 3311. Congress finds that United States military units
should not enter into combat unless they are fully capable of
performing their assigned mission. Congress further finds
that this is the policy of the Department of Defense. The
Secretary of Defense shall notify Congress of any changes to
this policy.

CHAPTER 4

DEPARTMENT OF ENERGY

ATOMIC ENERGY DEFENSE ACTIVITIES

National Nuclear Security Administration

Defense Nuclear Nonproliferation

For an additional amount for ``Defense Nuclear
Nonproliferation'', $72,000,000 is provided for the
International Nuclear Materials Protection and Cooperation
Program, to remain available until expended.

GENERAL PROVISION--THIS CHAPTER

(TRANSFER OF FUNDS)

Sec. 3401. The Administrator of the National Nuclear
Security Administration is authorized to transfer up to
$1,000,000 from Defense Nuclear Nonproliferation to the
Office of the Administrator during fiscal year 2007
supporting nuclear nonproliferation activities.

CHAPTER 5

DEPARTMENT OF HOMELAND SECURITY

Analysis and Operations

For an additional amount for ``Analysis and Operations'',
$8,000,000, to remain available until September 30, 2008, to
be used for support of the State and Local Fusion Center
program: Provided, That starting July 1, 2007, the Secretary
of Homeland Security shall submit quarterly reports to the
Committees on Appropriations of the Senate and the House of
Representatives detailing the information required in House
Report 110-107.

United States Customs and Border Protection

SALARIES AND EXPENSES

(INCLUDING TRANSFER OF FUNDS)

For an additional amount for ``Salaries and Expenses'',
$75,000,000, to remain available until September 30, 2008, to
support hiring not less than 400 additional United States
Customs and Border Protection Officers, as well as additional
intelligence analysts, trade specialists, and support staff
to target and screen U.S.-bound cargo on the Northern Border,
at overseas locations, and at the National Targeting Center;
to support hiring additional staffing required for Northern
Border Air and Marine operations; to implement Security and
Accountability For Every Port Act of 2006 (Public Law 109-
347) requirements; to advance the goals of the Secure Freight
Initiative to improve significantly the ability of United
States Customs and Border Protection to target and analyze
U.S.-bound cargo containers; to expand overseas screening and
physical inspection capacity for U.S.-bound cargo; to procure
and integrate non-intrusive inspection equipment into
inspection and radiation detection operations; and to improve
supply chain security, to include enhanced analytic and
targeting systems using data collected via commercial and
government technologies and databases: Provided, That up to
$3,000,000 shall be transferred to Federal Law Enforcement
Training Center ``Salaries and Expenses'', for basic training
costs associated with the additional personnel funded under
this heading: Provided further, That the Secretary shall
submit an expenditure plan for the use of these funds to the
Committees on Appropriations of the Senate and the House of
Representatives no later than 30 days after enactment of this
Act: Provided further, That the Secretary shall notify the
Committees on Appropriations of the Senate and the House of
Representatives immediately if United States Customs and
Border Protection does not expect to achieve its plan of
having at least 1,158 Border Patrol agents permanently
deployed to the Northern Border by the end of fiscal year
2007, and explain in detail the reasons for any shortfall.

Air and Marine Interdiction, Operations, Maintenance, and Procurement

For an additional amount for ``Air and Marine Interdiction,
Operations, Maintenance, and Procurement'', for air and
marine operations on the Northern Border, including the final
Northern Border air wing, $75,000,000, to remain available
until September 30, 2008, to accelerate planned deployment of
Northern Border Air and Marine operations, including
establishment of the final Northern Border airwing,
procurement of assets such as fixed wing aircraft,
helicopters, unmanned aerial systems, marine and riverine
vessels, and other equipment, relocation of aircraft, site
acquisition, and the design and building of facilities:
Provided, That the Secretary shall submit an expenditure plan
for the use of these funds to the Committees on
Appropriations of the Senate and the House of Representatives
no later than 30 days after enactment of this Act.

United States Immigration and Customs Enforcement

Salaries and Expenses

For an additional amount for ``Salaries and Expenses'',
$6,000,000, to remain available until September 30, 2008; of
which $5,000,000 shall be for the creation of a security
advisory opinion unit within the Visa Security Program; and
of which $1,000,000 shall be for the Human Smuggling and
Trafficking Center.

Transportation Security Administration

Aviation Security

For an additional amount for ``Aviation Security'',
$390,000,000; of which $285,000,000 shall be for procurement
and installation of checked baggage explosives detection
systems, to remain available until expended; of which
$25,000,000 shall be for checkpoint explosives detection
equipment and pilot screening technologies, to remain
available until expended; and of which $80,000,000 shall be
for air cargo security, to remain available until September
30, 2009: Provided, That of the air cargo funding made
available under this heading, the Transportation Security
Administration shall hire no fewer than 150 additional air
cargo inspectors to establish a more robust enforcement and
compliance program; complete air cargo vulnerability
assessments for all Category X airports; expand the National
Explosives Detection Canine Program by no fewer than 170
additional canine teams, including the use of agency led
teams; pursue canine screening methods utilized
internationally that focus on air samples; and procure and
install explosive detection systems, explosive trace
machines, and other technologies to screen air cargo:
Provided further, That no later than 90 days after the date
of enactment of this Act, the Secretary shall provide the
Committees on Appropriations of the Senate and the House of
Representatives an expenditure plan detailing how the
Transportation Security Administration will utilize funding
provided under this heading.

Federal Air Marshals

For an additional amount for ``Federal Air Marshals'',
$5,000,000, to remain available until September 30, 2008:
Provided, That no later than 30 days after enactment of this
Act, the Secretary shall provide the Committees on
Appropriations of the Senate and the House of Representatives
a report on how these additional funds will be allocated.

National Protection and Programs

Infrastructure Protection and Information Security

For an additional amount for ``Infrastructure Protection
and Information Security'', $24,000,000, to remain available
until September 30, 2008; of which $12,000,000 shall be for
development of State and local interoperability plans as
discussed in House Report 110-107; and of which $12,000,000
shall be for implementation of chemical facility security
regulations: Provided, That within 30 days of the date of
enactment of this Act the Secretary of Homeland Security
shall submit to the Committees on Appropriations of the
Senate and the House of Representatives detailed expenditure
plans for execution of these funds: Provided further, That
within 30 days of the date of enactment of this Act, the
Secretary of Homeland Security shall submit to the Committees
on Appropriations of the Senate and the House of
Representatives a report on the computer forensics training
center detailing the information required in House Report
110-107.

Office of Health Affairs

For expenses for the ``Office of Health Affairs'',
$8,000,000, to remain available until September 30, 2008:
Provided, That of the amount made available under this
heading, $5,500,000 is for nuclear event public health
assessment and planning: Provided further, That the Office of
Health Affairs shall conduct a nuclear event public health
assessment as described in House Report 110-107: Provided
further, That none of the funds made available under this
heading may be obligated until the Committees on
Appropriations of the Senate and the House of Representatives
receive a plan for expenditure.

Federal Emergency Management Agency

Management and Administration

For expenses for management and administration of the
Federal Emergency Management Agency (``FEMA''), $14,000,000,
to remain available until September 30, 2008: Provided, That
of the amount made available under this heading, $6,000,000
shall be for financial and information systems, $2,500,000
shall be for interstate mutual aid agreements, $2,500,000
shall be for FEMA Regional Office communication equipment,
$2,500,000 shall be for FEMA strike teams, and $500,000 shall
be for the Law Enforcement Liaison Office, the Disability
Coordinator and the National Advisory Council: Provided
futher,

[[Page H5780]]

That none of such funds made available under this heading may
be obligated until the Committees on Appropriations of the
Senate and the House of Representatives receive and approve a
plan for expenditure: Provided further, That unobligated
amounts in the ``Administrative and Regional Operations'' and
``Readiness, Mitigation, Response, and Recovery'' accounts
shall be transferred to ``Management and Administration'' and
may be used for any purpose authorized for such amounts and
subject to limitation on the use of such amounts.

State and Local Programs

For an additional amount for ``State and Local Programs'',
$247,000,000; of which $110,000,000 shall be for port
security grants pursuant to section 70107(l) of title 46,
United States Code to be awarded by September 30, 2007 to
tier 1, 2, 3, and 4 ports; of which $100,000,000 shall be for
intercity rail passenger transportation, freight rail, and
transit security grants to be awarded by September 30, 2007;
of which $35,000,000 shall be for regional grants and
regional technical assistance to tier one Urban Area Security
Initiative cities and other participating governments for the
purpose of developing all-hazard regional catastrophic event
plans and preparedness, as described in House Report 110-107;
and of which $2,000,000 shall be for technical assistance for
operation and maintenance training on detection and response
equipment that must be competitively awarded: Provided, That
none of the funds made available under this heading may be
obligated for such regional grants and regional technical
assistance until the Committees on Appropriations of the
Senate and the House of Representatives receive and approve a
plan for expenditure: Provided further, That the Federal
Emergency Management Agency shall provide the regional grants
and regional technical assistance expenditure plan to the
Committees on Appropriations of the Senate and the House of
Representatives on or before August 1, 2007: Provided
further, That funds for such regional grants and regional
technical assistance shall remain available until September
30, 2008.

EMERGENCY MANAGEMENT PERFORMANCE GRANTS

For an additional amount for ``Emergency Management
Performance Grants'', $50,000,000.

United States Citizenship and Immigration Services

For an additional amount for expenses of ``United States
Citizenship and Immigration Services'' to address backlogs of
security checks associated with pending applications and
petitions, $8,000,000, to remain available until September
30, 2008: Provided, That none of the funds made available
under this heading shall be available for obligation until
the Secretary of Homeland Security, in consultation with the
United States Attorney General, submits to the Committees on
Appropriations of the Senate and the House of Representatives
a plan to eliminate the backlog of security checks that
establishes information sharing protocols to ensure United
States Citizenship and Immigration Services has the
information it needs to carry out its mission.

Science and Technology

Research, Development, Acquisition, and Operations

For an additional amount for ``Research, Development,
Acquisition, and Operations'' for air cargo security
research, $5,000,000, to remain available until expended.

Domestic Nuclear Detection Office

Research, Development, and Operations

For an additional amount for ``Research, Development, and
Operations'' for non-container, rail, aviation and intermodal
radiation detection activities, $35,000,000, to remain
available until expended: Provided, That $5,000,000 is to
enhance detection links between seaports and railroads as
authorized in section 121(i) of the Security and
Accountability For Every Port Act of 2006 (Public Law 109-
347); $8,000,000 is to accelerate development and deployment
of detection systems at international rail border crossings;
and $22,000,000 is for development and deployment of a
variety of screening technologies at aviation facilities.

SYSTEMS ACQUISITION

For an additional amount for ``Systems Acquisition'',
$100,000,000, to remain available until expended: Provided,
That none of the funds appropriated under this heading shall
be obligated for full scale procurement of Advanced
Spectroscopic Portal Monitors until the Secretary of Homeland
Security has certified through a report to the Committees on
Appropriations of the Senate and the House of Representatives
that a significant increase in operational effectiveness will
be achieved.

GENERAL PROVISIONS--THIS CHAPTER

Sec. 3501. None of the funds provided in this Act, or
Public Law 109-295, shall be available to carry out section
872 of Public Law 107-296.
Sec. 3502. The Secretary of Homeland Security shall require
that all contracts of the Department of Homeland Security
that provide award fees link such fees to successful
acquisition outcomes (which outcomes shall be specified in
terms of cost, schedule, and performance).

CHAPTER 6

LEGISLATIVE BRANCH

HOUSE OF REPRESENTATIVES

Salaries and Expenses

For an additional amount for ``Salaries and Expenses'',
$6,437,000, as follows:

Allowances and Expenses

For an additional amount for allowances and expenses as
authorized by House resolution or law, $6,437,000 for
business continuity and disaster recovery, to remain
available until expended.

GOVERNMENT ACCOUNTABILITY OFFICE

Salaries and Expenses

For an additional amount for ``Salaries and Expenses'' of
the Government Accountability Office, $374,000, to remain
available until September 30, 2008.

CHAPTER 7

DEPARTMENT OF DEFENSE

Department of Defense Base Closure Account 2005

For deposit into the Department of Defense Base Closure
Account 2005, established by section 2906A(a)(1) of the
Defense Base Closure and Realignment Act of 1990 (10 U.S.C.
2687 note), $3,136,802,000, to remain available until
expended: Provided, That within 30 days of the enactment of
this Act, the Secretary of Defense shall submit a detailed
spending plan to the Committees on Appropriations of the
House of Representatives and the Senate.

GENERAL PROVISIONS--THIS CHAPTER

Sec. 3701. Notwithstanding any other provision of law, none
of the funds in this or any other Act may be used to close
Walter Reed Army Medical Center until equivalent medical
facilities at the Walter Reed National Military Medical
Center at Naval Medical Center, Bethesda, Maryland, and/or
the Fort Belvoir, Virginia, Community Hospital have been
constructed and equipped: Provided, That to ensure that the
quality of care provided by the Military Health System is not
diminished during this transition, the Walter Reed Army
Medical Center shall be adequately funded, to include
necessary renovation and maintenance of existing facilities,
to maintain the maximum level of inpatient and outpatient
services.
Sec. 3702. Notwithstanding any other provision of law, none
of the funds in this or any other Act shall be used to
reorganize or relocate the functions of the Armed Forces
Institute of Pathology (AFIP) until the Secretary of Defense
has submitted, not later than December 31, 2007, a detailed
plan and timetable for the proposed reorganization and
relocation to the Committees on Appropriations and Armed
Services of the Senate and House of Representatives. The plan
shall take into consideration the recommendations of a study
being prepared by the Government Accountability Office (GAO),
provided that such study is available not later than 45 days
before the date specified in this section, on the impact of
dispersing selected functions of AFIP among several
locations, and the possibility of consolidating those
functions at one location. The plan shall include an analysis
of the options for the location and operation of the Program
Management Office for second opinion consults that are
consistent with the recommendations of the Base Realignment
and Closure Commission, together with the rationale for the
option selected by the Secretary.
Sec. 3703. The Secretary of the Navy shall, notwithstanding
any other provision of law, transfer to the Secretary of the
Air Force, at no cost, all lands, easements, Air Installation
Compatible Use Zones, and facilities at NASJRB Willow Grove
designated for operation as a Joint Interagency Installation
for use by the Pennsylvania National Guard and other
Department of Defense components, government agencies, and
associated users to perform national defense, homeland
security, and emergency preparedness missions.

CHAPTER 8

DEPARTMENT OF STATE AND RELATED AGENCY

DEPARTMENT OF STATE

Administration of Foreign Affairs

DIPLOMATIC AND CONSULAR PROGRAMS

(INCLUDING TRANSFER OF FUNDS)

For an additional amount for ``Diplomatic and Consular
Programs'', $34,103,000, to remain available until September
30, 2008, of which $31,845,000 for World Wide Security
Upgrades is available until expended: Provided, That of the
amount available under this heading, $258,000 shall be
transferred to, and merged with, funds available in fiscal
year 2007 for expenses for the United States Commission on
International Religious Freedom: Provided further, That
within 15 days of enactment of this Act, the Office of
Management and Budget shall apportion $15,000,000 from
amounts appropriated or otherwise made available by chapter 8
of title II of division B of Public Law 109-148 under the
heading ``Emergencies in the Diplomatic and Consular
Service'' to reimburse expenditures from that account in
facilitating the evacuation of persons from Lebanon between
July 16, 2006 and the date of enactment of this Act.

OFFICE OF THE INSPECTOR GENERAL

For an additional amount for ``Office of Inspector
General'', $1,500,000, to remain available until December 31,
2008.

International Organizations

Contributions to International Organizations

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

[[Page H5781]]

BILATERAL ECONOMIC ASSISTANCE

Funds Appropriated to the President

United States Agency for International Development

International Disaster and Famine Assistance

For an additional amount for ``International Disaster and
Famine Assistance'', $60,000,000, to remain available until
expended.

OPERATING EXPENSES OF THE UNITED STATES AGENCY FOR INTERNATIONAL
DEVELOPMENT

For an additional amount for ``Operating Expenses of the
United States Agency for International Development'',
$3,000,000, to remain available until September 30, 2008.

OPERATING EXPENSES OF THE UNITED STATES AGENCY FOR INTERNATIONAL
DEVELOPMENT OFFICE OF INSPECTOR GENERAL

For an additional amount for ``Operating Expenses of the
United States Agency for International Development Office of
Inspector General'', $3,500,000, to remain available until
September 30, 2008.

Other Bilateral Economic Assistance

Economic Support Fund

For an additional amount for ``Economic Support Fund'',
$122,300,000, to remain available until September 30, 2008.

Department of State

DEMOCRACY FUND

For an additional amount for ``Democracy Fund'',
$5,000,000, to remain available until September 30, 2008.

INTERNATIONAL NARCOTICS CONTROL AND LAW ENFORCEMENT

(INCLUDING RESCISSION OF FUNDS)

For an additional amount for ``International Narcotics
Control and Law Enforcement'', $42,000,000, to remain
available until September 30, 2008.
Of the amounts made available for procurement of a maritime
patrol aircraft for the Colombian Navy under this heading in
Public Law 109-234, $13,000,000 are rescinded.

Migration and Refugee Assistance

For an additional amount for ``Migration and Refugee
Assistance'', $59,000,000, to remain available until
September 30, 2008.

United States Emergency Refugee and Migration Assistance Fund

For an additional amount for ``United States Emergency
Refugee and Migration Assistance Fund'', $25,000,000, to
remain available until expended.

Nonproliferation, Anti-terrorism, Demining and Related Programs

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

MILITARY ASSISTANCE

Funds Appropriated to the President

Foreign Military Financing Program

For an additional amount for ``Foreign Military Financing
Program'', $45,000,000, to remain available until September
30, 2008.

Peacekeeping Operations

For an additional amount for ``Peacekeeping Operations'',
$40,000,000, to remain available until September 30, 2008:
Provided, That funds appropriated under this heading shall be
made available, notwithstanding section 660 of the Foreign
Assistance Act of 1961, for assistance for Liberia for
security sector reform.

GENERAL PROVISIONS--THIS CHAPTER

EXTENSION OF OVERSIGHT AUTHORITY

Sec. 3801. Section 3001(o)(1)(B) of the Emergency
Supplemental Appropriations Act for Defense and for the
Reconstruction of Iraq and Afghanistan, 2004 (Public Law 108-
106; 117 Stat. 1238; 5 U.S.C. App., note to section 8G of
Public Law 95-452), as amended by section 1054(b) of the John
Warner National Defense Authorization Act for Fiscal Year
2007 (Public Law 109-364; 120 Stat. 2397) and section 2 of
the Iraq Reconstruction Accountability Act of 2006 (Public
Law 109-440), is amended by inserting ``or fiscal year 2007''
after ``fiscal year 2006''.

lebanon

Sec. 3802. (a) Limitation on Economic Support Fund
Assistance for Lebanon.--None of the funds made available in
this Act under the heading ``Economic Support Fund'' for cash
transfer assistance for the Government of Lebanon may be made
available for obligation until the Secretary of State reports
to the Committees on Appropriations on Lebanon's economic
reform plan and on the specific conditions and verifiable
benchmarks that have been agreed upon by the United States
and the Government of Lebanon pursuant to the Memorandum of
Understanding on cash transfer assistance for Lebanon.
(b) Limitation on Foreign Military Financing Program and
International Narcotics Control and Law Enforcement
Assistance for Lebanon.-- None of the funds made available in
this Act under the heading ``Foreign Military Financing
Program'' or ``International Narcotics Control and Law
Enforcement'' for military or police assistance to Lebanon
may be made available for obligation until the Secretary of
State submits to the Committees on Appropriations a report on
procedures established to determine eligibility of members
and units of the armed forces and police forces of Lebanon to
participate in United States training and assistance programs
and on the end use monitoring of all equipment provided under
such programs to the Lebanese armed forces and police forces.
(c) Certification Required.--Prior to the initial
obligation of funds made available in this Act for assistance
for Lebanon under the headings ``Foreign Military Financing
Program'' and ``Nonproliferation, Anti-Terrorism, Demining
and Related Programs'', the Secretary of State shall certify
to the Committees on Appropriations that all practicable
efforts have been made to ensure that such assistance is not
provided to or through any individual, or private or
government entity, that advocates, plans, sponsors, engages
in, or has engaged in, terrorist activity.
(d) Report Required.--Not later than 45 days after the date
of the enactment of this Act, the Secretary of State shall
submit to the Committees on Appropriations a report on the
Government of Lebanon's actions to implement section 14 of
United Nations Security Council Resolution 1701 (August 11,
2006).
(e) Special Authority.--This section shall be effective
notwithstanding section 534(a) of Public Law 109-102, which
is made applicable to funds appropriated for fiscal year 2007
by the Continuing Appropriations Resolution, 2007 (division B
of Public Law 109-289, as amended by Public Law 110-5).

DEBT RESTRUCTURING

Sec. 3803. Amounts appropriated for fiscal year 2007 for
``Bilateral Economic Assistance--Department of the Treasury--
Debt Restructuring'' may be used to assist Liberia in
retiring its debt arrearages to the International Monetary
Fund, the International Bank for Reconstruction and
Development, and the African Development Bank.

government accountability office

Sec. 3804. To facilitate effective oversight of programs
and activities in Iraq by the Government Accountability
Office (GAO), the Department of State shall provide GAO staff
members the country clearances, life support, and logistical
and security support necessary for GAO personnel to establish
a presence in Iraq for periods of not less than 45 days.

HUMAN RIGHTS AND DEMOCRACY FUND

Sec. 3805. The Assistant Secretary of State for Democracy,
Human Rights, and Labor shall be responsible for all policy,
funding, and programming decisions regarding funds made
available under this Act and prior Acts making appropriations
for foreign operations, export financing and related programs
for the Human Rights and Democracy Fund of the Bureau of
Democracy, Human Rights, and Labor.

INSPECTOR GENERAL OVERSIGHT OF IRAQ AND AFGHANISTAN

Sec. 3806. (a) In General.--Subject to paragraph (2), the
Inspector General of the Department of State and the
Broadcasting Board of Governors (referred to in this section
as the ``Inspector General'') may use personal services
contracts to engage citizens of the United States to
facilitate and support the Office of the Inspector General's
oversight of programs and operations related to Iraq and
Afghanistan. Individuals engaged by contract to perform such
services shall not, by virtue of such contract, be considered
to be employees of the United States Government for purposes
of any law administered by the Office of Personnel
Management. The Secretary of State may determine the
applicability to such individuals of any law administered by
the Secretary concerning the performance of such services by
such individuals.
(b) Conditions.--The authority under paragraph (1) is
subject to the following conditions:
(1) The Inspector General determines that existing
personnel resources are insufficient.
(2) The contract length for a personal services contractor,
including options, may not exceed 1 year, unless the
Inspector General makes a finding that exceptional
circumstances justify an extension of up to 1 additional
year.
(3) Not more than 10 individuals may be employed at any
time as personal services contractors under the program.
(c) Termination of Authority.--The authority to award
personal services contracts under this section shall
terminate on December 31, 2007. A contract entered into prior
to the termination date under this paragraph may remain in
effect until not later than December 31, 2009.
(d) Other Authorities Not Affected.--The authority under
this section is in addition to any other authority of the
Inspector General to hire personal services contractors.

FUNDING TABLES, REPORTS AND DIRECTIVES

Sec. 3807. (a) Funds provided in this Act for the following
accounts shall be made available for countries, programs and
activities in the amounts contained in the respective tables
and should be expended consistent with the reporting
requirements and directives included in the joint explanatory
statement accompanying the conference report on H.R. 1591 of
the 110th Congress (H. Rept. 110-107):
``Diplomatic and Consular Programs''.
``Office of the Inspector General''.
``Educational and Cultural Exchange Programs''.
``Contributions to International Organizations''.
``Contributions for International Peacekeeping
Activities''.
``Child Survival and Health Programs Fund''.

[[Page H5782]]

``International Disaster and Famine Assistance''.
``Operating Expenses of the United States Agency for
International Development''.
``Operating Expenses of the United States Agency for
International Development Office of Inspector General''.
``Economic Support Fund''.
``Assistance for Eastern Europe and the Baltic States''.
``Democracy Fund''.
``International Narcotics Control and Law Enforcement''.
``Migration and Refugee Assistance''.
``Nonproliferation, Anti-Terrorism, Demining and Related
Programs''.
``Foreign Military Financing Program''.
``Peacekeeping Operations''.
(b) Any proposed increases or decreases to the amounts
contained in the tables in the joint explanatory statement
shall be subject to the regular notification procedures of
the Committees on Appropriations and section 634A of the
Foreign Assistance Act of 1961.

SPENDING PLAN AND NOTIFICATION PROCEDURES

Sec. 3808. Not later than 45 days after enactment of this
Act the Secretary of State shall submit to the Committees on
Appropriations a report detailing planned expenditures for
funds appropriated under the headings in this chapter and
under the headings in chapter 6 of title I, except for funds
appropriated under the heading ``International Disaster and
Famine Assistance'': Provided, That funds appropriated under
the headings in this chapter and in chapter 6 of title I,
except for funds appropriated under the heading named in this
section, shall be subject to the regular notification
procedures of the Committees on Appropriations.

conditions on assistance for pakistan

Sec. 3809. None of the funds made available for assistance
for the central Government of Pakistan under the heading
``Economic Support Fund'' in this Act may be made available
for non-project assistance until the Secretary of State
submits to the Committees on Appropriations a report on the
oversight mechanisms, performance benchmarks, and
implementation processes for such funds: Provided, That
notwithstanding any other provision of law, funds made
available for non-project assistance pursuant to the previous
proviso shall be subject to the regular notification
procedures of the Committees on Appropriations: Provided
further, That of the funds made available for assistance for
Pakistan under the heading ``Economic Support Fund'' in this
Act, $5,000,000 shall be made available for the Human Rights
and Democracy Fund of the Bureau of Democracy, Human Rights,
and Labor, Department of State, for political party
development and election observation programs.

CIVILIAN RESERVE CORPS

Sec. 3810. Of the funds appropriated by this Act under the
heading ``Diplomatic and Consular Programs'', up to
$50,000,000 may be made available to support and maintain a
civilian reserve corps: Provided, That none of the funds for
a civilian reserve corps may be obligated without specific
authorization in a subsequent Act of Congress: Provided
further, That funds made available for this purpose shall be
subject to the regular notification procedures of the
Committees on Appropriations.

EXTENSION OF AVAILABILITY OF FUNDS

Sec. 3811. Section 1302(a) of Public Law 109-234 is amended
by striking ``one additional year'' and inserting ``two
additional years''.

SPECIAL IMMIGRANT STATUS FOR CERTAIN ALIENS SERVING AS TRANSLATORS OR
INTERPRETERS WITH FEDERAL AGENCIES

Sec. 3812. (a) Increase in Numbers Admitted.--Section 1059
of the National Defense Authorization Act for Fiscal Year
2006 (8 U.S.C. 1101 note) is amended--
(1) in subsection (b)(1)--
(A) in subparagraph (B), by striking ``as a translator''
and inserting ``, or under Chief of Mission authority, as a
translator or interpreter'';
(B) in subparagraph (C), by inserting ``the Chief of
Mission or'' after ``recommendation from''; and
(C) in subparagraph (D), by inserting ``the Chief of
Mission or'' after ``as determined by''; and
(2) in subsection (c)(1), by striking ``section during any
fiscal year shall not exceed 50.'' and inserting the
following: ``section--
``(A) during each of the fiscal years 2007 and 2008, shall
not exceed 500; and
``(B) during any other fiscal year shall not exceed 50.''.
(b) Aliens Exempt From Employment-Based Numerical
Limitations.--Section 1059(c)(2) of such Act is amended--
(1) by amending the paragraph designation and heading to
read as follows:
``(2) Aliens exempt from employment-based numerical
limitations.--''; and
(2) by inserting ``and shall not be counted against the
numerical limitations under sections 201(d), 202(a), and
203(b)(4) of the Immigration and Nationality Act (8 U.S.C.
1151(d), 1152(a), and 1153(b)(4))'' before the period at the
end.
(c) Adjustment of Status.--Section 1059 of such Act is
further amended--
(1) by redesignating subsection (d) as subsection (e); and
(2) by inserting after subsection (c) the following:
``(d) Adjustment of Status.--Notwithstanding paragraphs
(2), (7) and (8) of section 245(c) of the Immigration and
Nationality Act (8 U.S.C. 1255(c)), the Secretary of Homeland
Security may adjust the status of an alien to that of a
lawful permanent resident under section 245(a) of such Act if
the alien--
``(1) was paroled or admitted as a nonimmigrant into the
United States; and
``(2) is otherwise eligible for special immigrant status
under this section and under the Immigration and Nationality
Act.''.

TITLE IV--ADDITIONAL HURRICANE DISASTER RELIEF AND RECOVERY

CHAPTER 1

DEPARTMENT OF AGRICULTURE

GENERAL PROVISION--THIS CHAPTER

Sec. 4101. Section 1231(k)(2) of the Food Security Act of
1985 (16 U.S.C. 3831(k)(2)) is amended by striking ``During
calendar year 2006, the'' and inserting ``The''.

CHAPTER 2

DEPARTMENT OF JUSTICE

Office of Justice Programs

STATE AND LOCAL LAW ENFORCEMENT ASSISTANCE

For an additional amount for ``State and Local Law
Enforcement Assistance'', for discretionary grants authorized
by subpart 2 of part E, of title I of the Omnibus Crime
Control and Safe Streets Act of 1968 as in effect on
September 30, 2006, notwithstanding the provisions of section
511 of said Act, $50,000,000, to remain available until
expended: Provided, That the amount made available under this
heading shall be for local law enforcement initiatives in the
Gulf Coast region related to the aftermath of Hurricane
Katrina: Provided further, That these funds shall be
apportioned among the States in quotient to their level of
violent crime as estimated by the Federal Bureau of
Investigation's Uniform Crime Report for the year 2005.

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

OPERATIONS, RESEARCH, AND FACILITIES

For an additional amount for ``Operations, Research, and
Facilities'', for necessary expenses related to the
consequences of Hurricanes Katrina and Rita on the shrimp and
fishing industries, $110,000,000, to remain available until
September 30, 2008.

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

exploration capabilities

For an additional amount for ``Exploration Capabilities''
for necessary expenses related to the consequences of
Hurricane Katrina, $20,000,000, to remain available until
September 30, 2009.

GENERAL PROVISIONS--THIS CHAPTER

Sec. 4201. Funds provided in this Act for the ``Department
of Commerce, National Oceanic and Atmospheric Administration,
Operations, Research, and Facilities'', shall be made
available according to the language relating to such account
in the joint explanatory statement accompanying the
conference report on H.R. 1591 of the 110th Congress (H.
Rept. 110-107).
Sec. 4202. Up to $48,000,000 of amounts made available to
the National Aeronautics and Space Administration in Public
Law 109-148 and Public Law 109-234 for emergency hurricane
and other natural disaster-related expenses may be used to
reimburse hurricane-related costs incurred by NASA in fiscal
year 2005.

CHAPTER 3

DEPARTMENT OF DEFENSE--CIVIL

DEPARTMENT OF THE ARMY

Corps of Engineers--Civil

CONSTRUCTION

For an additional amount for ``Construction'' for necessary
expenses related to the consequences of Hurricane Katrina and
other hurricanes of the 2005 season, $25,300,000, to remain
available until expended, which may be used to continue
construction of projects related to interior drainage for the
greater New Orleans metropolitan area.

Flood Control and Coastal Emergencies

For an additional amount for ``Flood Control and Coastal
Emergencies'', as authorized by section 5 of the Act of
August 18, 1941 (33 U.S.C. 701n), for necessary expenses
relating to the consequences of Hurricanes Katrina and Rita
and for other purposes, $1,407,700,000, to remain available
until expended: Provided, That $1,300,000,000 of the amount
provided may be used by the Secretary of the Army to carry
out projects and measures for the West Bank and Vicinity and
Lake Ponchartrain and Vicinity, Louisiana, projects, as
described under the heading ``Flood Control and Coastal
Emergencies'', in chapter 3 of Public Law 109-148: Provided
further, That $107,700,000 of the amount provided may be used
to implement the projects for hurricane storm damage
reduction, flood damage reduction, and ecosystem restoration
within Hancock, Harrison, and Jackson Counties, Mississippi
substantially in accordance with the Report of the Chief of
Engineers dated December 31, 2006, and entitled
``Mississippi, Coastal Improvements Program Interim Report,
Hancock, Harrison, and Jackson Counties, Mississippi'':
Provided further, That projects authorized for implementation
under this Chief's report shall be carried out at full
Federal expense, except that the non-Federal interests shall
be responsible for providing for all costs associated with
operation and maintenance of the project: Provided further,
That any project using funds appropriated

[[Page H5783]]

under this heading shall be initiated only after non-Federal
interests have entered into binding agreements with the
Secretary requiring the non-Federal interests to pay 100
percent of the operation, maintenance, repair, replacement,
and rehabilitation costs of the project and to hold and save
the United States free from damages due to the construction
or operation and maintenance of the project, except for
damages due to the fault or negligence of the United States
or its contractors: Provided further, That the Chief of
Engineers, acting through the Assistant Secretary of the Army
for Civil Works, shall provide a monthly report to the House
and Senate Committees on Appropriations detailing the
allocation and obligation of these funds, beginning not later
than 60 days after enactment of this Act.

GENERAL PROVISIONS--THIS CHAPTER

Sec. 4301. The Secretary is authorized and directed to
determine the value of eligible reimbursable expenses
incurred by local governments in storm-proofing pumping
stations, constructing safe houses for operators, and other
interim flood control measures in and around the New Orleans
metropolitan area that the Secretary determines to be
integral to the overall plan to ensure operability of the
stations during hurricanes, storms and high water events and
the flood control plan for the area.
Sec. 4302. (a) The Secretary of the Army is authorized and
directed to utilize funds remaining available for obligation
from the amounts appropriated in chapter 3 of Public Law 109-
234 under the heading ``Flood Control and Coastal
Emergencies'' for projects in the greater New Orleans
metropolitan area to prosecute these projects in a manner
which promotes the goal of continuing work at an optimal
pace, while maximizing, to the greatest extent practicable,
levels of protection to reduce the risk of storm damage to
people and property.
(b) The expenditure of funds as provided in subsection (a)
may be made without regard to individual amounts or purposes
specified in chapter 3 of Public Law 109-234.
(c) Any reallocation of funds that are necessary to
accomplish the goal established in subsection (a) are
authorized, subject to the approval of the House and Senate
Committees on Appropriation.
Sec. 4303. The Chief of Engineers shall investigate the
overall technical advantages, disadvantages and operational
effectiveness of operating the new pumping stations at the
mouths of the 17th Street, Orleans Avenue and London Avenue
canals in the New Orleans area directed for construction in
Public Law 109-234 concurrently or in series with existing
pumping stations serving these canals and the advantages,
disadvantages and technical operational effectiveness of
removing the existing pumping stations and configuring the
new pumping stations and associated canals to handle all
needed discharges to the lakefront or in combination with
discharges directly to the Mississippi River in Jefferson
Parish; and the advantages, disadvantages and technical
operational effectiveness of replacing or improving the
floodwalls and levees adjacent to the three outfall canals:
Provided, That the analysis should be conducted at Federal
expense: Provided further, That the analysis shall be
completed and furnished to the Congress not later than three
months after enactment of this Act.
Sec. 4304. Using funds made available in Chapter 3 under
title II of Public Law 109-234, under the heading
``Investigations'', the Secretary of the Army, in
consultation with other agencies and the State of Louisiana
shall accelerate completion as practicable the final report
of the Chief of Engineers recommending a comprehensive plan
to deauthorize deep draft navigation on the Mississippi River
Gulf Outlet: Provided, That the plan shall incorporate and
build upon the Interim Mississippi River Gulf Outlet Deep-
Draft De-Authorization Report submitted to Congress in
December 2006 pursuant to Public Law 109-234.

CHAPTER 4

SMALL BUSINESS ADMINISTRATION

Disaster Loans Program Account

(including transfers of funds)

Of the unobligated balances under the heading ``Small
Business Administration, Disaster Loans Program Account'',
$181,069,000, to remain available until expended, shall be
used for administrative expenses to carry out the disaster
loan program, which may be transferred to and merged with
``Small Business Administration, Salaries and Expenses'', of
which $500,000 is for the Office of Inspector General of the
Small Business Administration for audits and reviews of
disaster loans and the disaster loan program and shall be
paid to appropriations for the Office of Inspector General;
of which $171,569,000 is for direct administrative expenses
of loan making and servicing to carry out the direct loan
program; and of which $9,000,000 is for indirect
administrative expenses.
Of the unobligated balances under the heading ``Small
Business Administration, Disaster Loans Program Account'',
$25,000,000 shall be made available for loans under section
7(b)(2) of the Small Business Act to pre-existing businesses
located in an area for which the President declared a major
disaster because of the hurricanes in the Gulf of Mexico in
calendar year 2005, of which not to exceed $8,750,000 is for
direct administrative expenses and may be transferred to and
merged with ``Small Business Administration, Salaries and
Expenses'' to carry out the disaster loan program of the
Small Business Administration.
Of the unobligated balances under the heading ``Small
Business Administration, Disaster Loans Program Account'',
$150,000,000 is transferred to the ``Federal Emergency
Management Agency, Disaster Relief'' account.

CHAPTER 5

DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

DISASTER RELIEF

(INCLUDING TRANSFER OF FUNDS)

For an additional amount for ``Disaster Relief'',
$710,000,000, to remain available until expended: Provided,
That $4,000,000 shall be transferred to ``Office of Inspector
General'': Provided further, That the Government
Accountability Office shall review how the Federal Emergency
Management Agency develops its estimates of the funds needed
to respond to any given disaster as described in House Report
110-60.

GENERAL PROVISIONS--THIS CHAPTER

Sec. 4501. (a) In General.--Notwithstanding any other
provision of law, including any agreement, the Federal share
of assistance, including direct Federal assistance, provided
for the States of Louisiana, Mississippi, Florida, Alabama,
and Texas in connection with Hurricanes Katrina, Wilma,
Dennis, and Rita under sections 403, 406, 407, and 408 of the
Robert T. Stafford Disaster Relief and Emergency Assistance
Act (42 U.S.C. 5170b, 5172, 5173, and 5174) shall be 100
percent of the eligible costs under such sections.
(b) Applicability.--
(1) In general.--The Federal share provided by subsection
(a) shall apply to disaster assistance applied for before the
date of enactment of this Act.
(2) Limitation.--In the case of disaster assistance
provided under sections 403, 406, and 407 of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act, the
Federal share provided by subsection (a) shall be limited to
assistance provided for projects for which a ``request for
public assistance form'' has been submitted.
Sec. 4502. (a) Community Disaster Loan Act.--
(1) In general.--Section 2(a) of the Community Disaster
Loan Act of 2005 (Public Law 109-88) is amended by striking
``Provided further, That notwithstanding section 417(c)(1) of
the Stafford Act, such loans may not be canceled:''.
(2) Effective date.--The amendment made by paragraph (1)
shall be effective on the date of enactment of the Community
Disaster Loan Act of 2005 (Public Law 109-88).
(b) Emergency Supplemental Appropriations Act.--
(1) In general.--Chapter 4 of title II of the Emergency
Supplemental Appropriations Act for Defense, the Global War
on Terror, and Hurricane Recovery, 2006 (Public Law 109-234)
is amended under Federal Emergency Management Agency,
``Disaster Assistance Direct Loan Program Account'' by
striking ``Provided further, That notwithstanding section
417(c)(1) of such Act, such loans may not be canceled:''.
(2) Effective date.--The amendment made by paragraph (1)
shall be effective on the date of enactment of the Emergency
Supplemental Appropriations Act for Defense, the Global War
on Terror, and Hurricane Recovery, 2006 (Public Law 109-234).
Sec. 4503. (a) In General.--Section 2401 of the Emergency
Supplemental Appropriations Act for Defense, the Global War
on Terror, and Hurricane Recovery, 2006 (Public Law 109-234)
is amended by striking ``12 months'' and inserting ``24
months''.
(b) Effective Date.--The amendment made by this section
shall be effective on the date of enactment of the Emergency
Supplemental Appropriations Act for Defense, the Global War
on Terror, and Hurricane Recovery, 2006 (Public Law 109-234).

CHAPTER 6

DEPARTMENT OF THE INTERIOR

National Park Service

Historic Preservation Fund

For an additional amount for the ``Historic Preservation
Fund'' for necessary expenses related to the consequences of
Hurricane Katrina and other hurricanes of the 2005 season,
$10,000,000, to remain available until September 30, 2008:
Provided, That the funds provided under this heading shall be
provided to the State Historic Preservation Officer, after
consultation with the National Park Service, for grants for
disaster relief in areas of Louisiana impacted by Hurricanes
Katrina or Rita: Provided further, That grants shall be for
the preservation, stabilization, rehabilitation, and repair
of historic properties listed in or eligible for the National
Register of Historic Places, for planning and technical
assistance: Provided further, That grants shall only be
available for areas that the President determines to be a
major disaster under section 102(2) of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C.
5122(2)) due to Hurricanes Katrina or Rita: Provided further,
That individual grants shall not be subject to a non-Federal
matching requirement: Provided further, That no more than 5
percent of funds provided under this heading for disaster
relief grants may be used for administrative expenses.

[[Page H5784]]

GENERAL PROVISION--THIS CHAPTER

(including transfer of funds)

Sec. 4601. Of the disaster relief funds from Public Law
109-234, 120 Stat. 418, 461, (June 30, 2006), chapter 5,
``National Park Service--Historic Preservation Fund'', for
necessary expenses related to the consequences of Hurricane
Katrina and other hurricanes of the 2005 season that were
allocated to the State of Mississippi by the National Park
Service, $500,000 is hereby transferred to the ``National
Park Service--National Recreation and Preservation''
appropriation: Provided, That these funds may be used to
reconstruct destroyed properties that at the time of
destruction were listed in the National Register of Historic
Places and are otherwise qualified to receive these funds:
Provided further, That the State Historic Preservation
Officer certifies that, for the community where that
destroyed property was located, the property is iconic to or
essential to illustrating that community's historic identity,
that no other property in that community with the same
associative historic value has survived, and that sufficient
historical documentation exists to ensure an accurate
reproduction.

CHAPTER 7

DEPARTMENT OF EDUCATION

Higher Education

For an additional amount under part B of title VII of the
Higher Education Act of 1965 (``HEA'') for institutions of
higher education (as defined in section 101 or section 102(c)
of that Act) that are located in an area in which a major
disaster was declared in accordance with section 401 of the
Robert T. Stafford Disaster Relief and Emergency Assistance
Act related to Hurricanes Katrina or Rita, $30,000,000:
Provided, That such funds shall be available to the Secretary
of Education only for payments to help defray the expenses
(which may include lost revenue, reimbursement for expenses
already incurred, and construction) incurred by such
institutions of higher education that were forced to close,
relocate or significantly curtail their activities as a
result of damage directly caused by such hurricanes and for
payments to enable such institutions to provide grants to
students who attend such institutions for academic years
beginning on or after July 1, 2006: Provided further, That
such payments shall be made in accordance with criteria
established by the Secretary and made publicly available
without regard to section 437 of the General Education
Provisions Act, section 553 of title 5, United States Code,
or part B of title VII of the HEA: Provided further, That the
Secretary shall award funds available under this paragraph
not later than 60 days after the date of the enactment of
this Act.

Hurricane Education Recovery

For carrying out activities authorized by subpart 1 of part
D of title V of the Elementary and Secondary Education Act of
1965, $30,000,000, to remain available until expended, for
use by the States of Louisiana, Mississippi, and Alabama
primarily for recruiting, retaining, and compensating new and
current teachers, school principals, assistant principals,
principal resident directors, assistant directors, and other
educators, who commit to work for at least three years in
school-based positions in public elementary and secondary
schools located in an area with respect to which a major
disaster was declared under section 401 of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5170) by reason of Hurricane Katrina or Hurricane
Rita, including through such mechanisms as paying salary
premiums, performance bonuses, housing subsidies, signing
bonuses, and relocation costs and providing loan forgiveness,
with priority given to teachers and school-based school
principals, assistant principals, principal resident
directors, assistant directors, and other educators who
previously worked or lived in one of the affected areas, are
currently employed (or become employed) in such a school in
any of the affected areas after those disasters, and commit
to continue that employment for at least 3 years, Provided,
That funds available under this heading to such States may
also be used for 1 or more of the following activities: (1)
to build the capacity, knowledge, and skill of teachers and
school-based school principals, assistant principals,
principal resident directors, assistant directors, and other
educators in such public elementary and secondary schools to
provide an effective education, including the design,
adaptation, and implementation of high-quality formative
assessments; (2) the establishment of partnerships with
nonprofit entities with a demonstrated track record in
recruiting and retaining outstanding teachers and other
school-based school principals, assistant principals,
principal resident directors, and assistant directors; and
(3) paid release time for teachers and principals to identify
and replicate successful practices from the fastest-improving
and highest-performing schools: Provided further, That the
Secretary of Education shall allocate amounts available under
this heading among such States that submit applications; that
such allocation shall be based on the number of public
elementary and secondary schools in each State that were
closed for 19 days or more during the period beginning on
August 29, 2005, and ending on December 31, 2005, due to
Hurricane Katrina or Hurricane Rita; and that such States
shall in turn allocate funds to local educational agencies,
with priority given first to such agencies with the highest
percentages of public elementary and secondary schools that
are closed as a result of such hurricanes as of the date of
enactment of this Act and then to such agencies with the
highest percentages of public elementary and secondary
schools with a student-teacher ratio of at least 25 to 1, and
with any remaining amounts to be distributed to such agencies
with demonstrated need, as determined by the State
Superintendent of Education: Provided further, That, in the
case of any State that chooses to use amounts available under
this heading for performance bonuses, not later than 60 days
after the date of enactment of this Act, and in collaboration
with local educational agencies, teachers' unions, local
principals' organizations, local parents' organizations,
local business organizations, and local charter schools
organizations, the State educational agency shall develop a
plan for a rating system for performance bonuses, and if no
agreement has been reached that is satisfactory to all
consulting entities by such deadline, the State educational
agency shall immediately send a letter notifying Congress and
shall, not later than 30 days after such notification,
establish and implement a rating system that shall be based
on classroom observation and feedback more than once
annually, conducted by multiple sources (including, but not
limited to, principals and master teachers), and evaluated
against research-based rubrics that use planning,
instructional, and learning environment standards to measure
teacher performance, except that the requirements of this
proviso shall not apply to a State that has enacted a State
law in 2006 authorizing performance pay for teachers.

Programs to Restart School Operations

Funds made available under section 102 of the Hurricane
Education Recovery Act (title IV of division B of Public Law
109-148) may be used by the States of Louisiana, Mississippi,
Alabama, and Texas, in addition to the uses of funds
described in section 102(e), for the following costs: (1)
recruiting, retaining, and compensating new and current
teachers, school principals, assistant principals, principal
resident directors, assistant directors, and other educators
for school-based positions in public elementary and secondary
schools impacted by Hurricane Katrina or Hurricane Rita,
including through such mechanisms as paying salary premiums,
performance bonuses, housing subsidies, signing bonuses, and
relocation costs and providing loan forgiveness; (2)
activities to build the capacity, knowledge, and skills of
teachers and school-based school principals, assistant
principals, principal resident directors, assistant
directors, and other educators in such public elementary and
secondary schools to provide an effective education,
including the design, adaptation, and implementation of high-
quality formative assessments; (3) the establishment of
partnerships with nonprofit entities with a demonstrated
track record in recruiting and retaining outstanding teachers
and school-based school principals, assistant principals,
principal resident directors, and assistant directors; and
(4) paid release time for teachers and principals to identify
and replicate successful practices from the fastest-improving
and highest-performing schools.

GENERAL PROVISIONS--THIS CHAPTER

Sec. 4701. Section 105(b) of title IV of division B of
Public Law 109-148 is amended by adding at the end the
following new sentence: ``With respect to the program
authorized by section 102 of this Act, the waiver authority
in subsection (a) of this section shall be available until
the end of fiscal year 2008.''.
Sec. 4702. Notwithstanding section 2002(c) of the Social
Security Act (42 U.S.C. 1397a(c)), funds made available under
the heading ``Social Services Block Grant'' in division B of
Public Law 109-148 shall be available for expenditure by the
States through the end of fiscal year 2009.
Sec. 4703. (a) In the event that Louisiana, Mississippi,
Alabama, or Texas fails to meet its match requirement with
funds appropriated in fiscal 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, $871,022,000, to remain available until expended:
Provided, That section 125(d)(1) of title 23, United States
Code, shall not apply to emergency relief projects that
respond to damage caused by the 2005-2006 winter storms in
the State of California: Provided

[[Page H5785]]

further, That of the unobligated balances of funds
apportioned to each State under chapter 1 of title 23, United
States Code, $871,022,000 are rescinded: Provided further,
That such rescission shall not apply to the funds distributed
in accordance with sections 130(f) and 104(b)(5) of title 23,
United States Code; sections 133(d)(1) and 163 of such title,
as in effect on the day before the date of enactment of
Public Law 109-59; and the first sentence of section
133(d)(3)(A) of such title.

Federal Transit Administration

Formula Grants

For an additional amount to be allocated by the Secretary
to recipients of assistance under chapter 53 of title 49,
United States Code, directly affected by Hurricanes Katrina
and Rita, $35,000,000, for the operating and capital costs of
transit services, to remain available until expended:
Provided, That the Federal share for any project funded from
this amount shall be 100 percent.

DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

Office of Inspector General

For an additional amount for the Office of Inspector
General, for the necessary costs related to the consequences
of Hurricanes Katrina and Rita, $7,000,000, to remain
available until expended.

GENERAL PROVISIONS--THIS CHAPTER

Sec. 4801. The third proviso under the heading ``Department
of Housing and Urban Development--Public and Indian Housing--
Tenant-Based Rental Assistance'' in chapter 9 of title I of
division B of Public Law 109-148 (119 Stat. 2779) is amended
by striking ``for up to 18 months'' and inserting ``until
December 31, 2007''.
Sec. 4802. Section 21033 of the Continuing Appropriations
Resolution, 2007 (division B of Public Law 109-289, as
amended by Public Law 110-5) is amended by adding after the
third proviso: ``: Provided further, That notwithstanding the
previous proviso, except for applying the 2007 Annual
Adjustment Factor and making any other specified adjustments,
public housing agencies specified in category 1 below shall
receive funding for calendar year 2007 based on the higher of
the amounts the agencies would receive under the previous
proviso or the amounts the agencies received in calendar year
2006, and public housing agencies specified in categories 2
and 3 below shall receive funding for calendar year 2007
equal to the amounts the agencies received in calendar year
2006, except that public housing agencies specified in
categories 1 and 2 below shall receive funding under this
proviso only if, and to the extent that, any such public
housing agency submits a plan, approved by the Secretary,
that demonstrates that the agency can effectively use within
12 months the funding that the agency would receive under
this proviso that is in addition to the funding that the
agency would receive under the previous proviso: (1) public
housing agencies that are eligible for assistance under
section 901 in Public Law 109-148 (119 Stat. 2781) or are
located in the same counties as those eligible under section
901 and operate voucher programs under section 8(o) of the
United States Housing Act of 1937 but do not operate public
housing under section 9 of such Act, and any public housing
agency that otherwise qualifies under this category must
demonstrate that they have experienced a loss of rental
housing stock as a result of the 2005 hurricanes; (2) public
housing agencies that would receive less funding under the
previous proviso than they would receive under this proviso
and that have been placed in receivership or the Secretary
has declared to be in breach of an Annual Contributions
Contract by June 1, 2007; and (3) public housing agencies
that spent more in calendar year 2006 than the total of the
amounts of any such public housing agency's allocation amount
for calendar year 2006 and the amount of any such public
housing agency's available housing assistance payments
undesignated funds balance from calendar year 2005 and the
amount of any such public housing agency's available
administrative fees undesignated funds balance through
calendar year 2006''.
Sec. 4803. Section 901 of Public Law 109-148 is amended by
deleting ``calendar year 2006'' and inserting ``calendar
years 2006 and 2007''.

CHAPTER 9

DEPARTMENT OF VETERANS AFFAIRS

Departmental Administration

Construction, Minor Projects

(Including Rescission of Funds)

For an additional amount for Department of Veterans
Affairs, ``Construction, Minor Projects'', $14,484,754, to
remain available until September 30, 2008, for necessary
expenses related to the consequences of Hurricane Katrina and
other hurricanes of the 2005 season.
Of the funds available until September 30, 2007, for the
``Construction, Minor Projects'' account of the Department of
Veterans Affairs, pursuant to section 2702 of Public Law 109-
234, $14,484,754 are hereby rescinded.

TITLE V--OTHER EMERGENCY APPROPRIATIONS

CHAPTER 1

DEPARTMENT OF AGRICULTURE

GENERAL PROVISION--THIS CHAPTER

Sec. 5101. In addition to any other available funds, there
is hereby appropriated $40,000,000 to the Secretary of
Agriculture, to remain available until expended, for programs
and activities of the Department of Agriculture, as
determined by the Secretary, to provide recovery assistance
in response to damage in conjunction with the Presidential
declaration of a major disaster (FEMA-1699-DR) dated May 6,
2007, for needs not met by the Federal Emergency Management
Agency or private insurers: Provided, That, in addition, the
Secretary may use funds provided under this section,
consistent with the provisions of this section, to respond to
any other Presidential declaration of a major disaster issued
under the authority of the Robert T. Stafford Disaster Relief
and Emergency Assistance Act, 42 U.S.C. 5121-5206 (the
Stafford Act), declared during fiscal year 2007 for events
occurring before the date of the enactment of this Act or a
Secretary of Agriculture declaration of a natural disaster,
declared during fiscal year 2007 for events occurring before
the date of the enactment of this Act.

CHAPTER 2

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

operations, research, and facilities

For an additional amount for ``Operations, Research, and
Facilities'', $60,400,000, to remain available until
September 30, 2008: Provided, That the National Marine
Fisheries Service shall cause such amounts to be distributed
among eligible recipients of assistance for the commercial
fishery failure designated under section 312(a) of the
Magnuson-Stevens Fishery Conservation and Management Act (16
U.S.C. 1861a(a)) and declared by the Secretary of Commerce on
August 10, 2006.

CHAPTER 3

DEPARTMENT OF DEFENSE--CIVIL

DEPARTMENT OF THE ARMY

Corps of Engineers--Civil

investigations

For an additional amount for ``Investigations'' for flood
damage reduction studies to address flooding associated with
disasters covered by Presidential Disaster Declaration FEMA-
1692-DR, $8,165,000, to remain available until expended.

construction

For an additional amount for ``Construction'' for flood
damage reduction activities associated with disasters covered
by Presidential Disaster Declarations FEMA-1692-DR and FEMA-
1694-DR, $11,200,000, to remain available until expended.

operation and maintenance

For an additional amount for ``Operation and Maintenance''
to dredge navigation channels related to the consequences of
hurricanes of the 2005 season, $3,000,000, to remain
available until expended.

flood control and coastal emergencies

For an additional amount for ``Flood Control and Coastal
Emergencies'', as authorized by section 5 of the Act of
August 18, 1941 (33 U.S.C. 701n), to support emergency
operations, repairs and other activities in response to
flood, drought and earthquake emergencies as authorized by
law, $153,300,000, to remain available until expended:
Provided, That the Chief of Engineers, acting through the
Assistant Secretary of the Army for Civil Works, shall
provide a monthly report to the House and Senate Committees
on Appropriations detailing the allocation and obligation of
these funds, beginning not later than 60 days after enactment
of this Act: Provided further, That of the funds provided
under this heading, $7,000,000 shall be available for drought
emergency assistance.

DEPARTMENT OF THE INTERIOR

Bureau of Reclamation

WATER AND RELATED RESOURCES

For an additional amount for ``Water and Related
Resources'', $18,000,000, to remain available until expended
for drought assistance: Provided, That drought assistance may
be provided under the Reclamation States Drought Emergency
Act or other applicable Reclamation authorities to assist
drought plagued areas of the West.

CHAPTER 4

DEPARTMENT OF THE INTERIOR

Bureau of Land Management

wildland fire management

(including transfer of funds)

For an additional amount for ``Wildland Fire Management'',
$95,000,000, to remain available until expended, for urgent
wildland fire suppression activities: Provided, That such
funds shall only become available if funds previously
provided for wildland fire suppression will be exhausted
imminently and the Secretary of the Interior notifies the
House and Senate Committees on Appropriations in writing of
the need for these additional funds: Provided further, That
such funds are also available for repayment to other
appropriations accounts from which funds were transferred for
wildfire suppression.

United States Fish and Wildlife Service

Resource Management

For an additional amount for ``Resource Management'' for
the detection of highly pathogenic avian influenza in wild
birds, including the investigation of morbidity and mortality
events, targeted surveillance in live wild birds, and
targeted surveillance in hunter-taken birds, $7,398,000, to
remain available until September 30, 2008.

National Park Service

Operation of the National Park System

For an additional amount for ``Operation of the National
Park System'' for the detection of highly pathogenic avian
influenza in

[[Page H5786]]

wild birds, including the investigation of morbidity and
mortality events, $525,000, to remain available until
September 30, 2008.

United States Geological Survey

Surveys, Investigations, and Research

For an additional amount for ``Surveys, Investigations, and
Research'' for the detection of highly pathogenic avian
influenza in wild birds, including the investigation of
morbidity and mortality events, targeted surveillance in live
wild birds, and targeted surveillance in hunter-taken birds,
$5,270,000, to remain available until September 30, 2008.

DEPARTMENT OF AGRICULTURE

Forest Service

National Forest System

For an additional amount for ``National Forest System'' for
the implementation of a nationwide initiative to increase
protection of national forest lands from drug-trafficking
organizations, including funding for additional law
enforcement personnel, training, equipment and cooperative
agreements, $12,000,000, to remain available until expended.

wildland fire management

(including transfer of funds)

For an additional amount for ``Wildland Fire Management'',
$370,000,000, to remain available until expended, for urgent
wildland fire suppression activities: Provided, That such
funds shall only become available if funds provided
previously for wildland fire suppression will be exhausted
imminently and the Secretary of Agriculture notifies the
House and Senate Committees on Appropriations in writing of
the need for these additional funds: Provided further, That
such funds are also available for repayment to other
appropriation accounts from which funds were transferred for
wildfire suppression.

GENERAL PROVISION--THIS CHAPTER

Sec. 5401. (a) For fiscal year 2007, payments shall be made
from any revenues, fees, penalties, or miscellaneous receipts
described in sections 102(b)(3) and 103(b)(2) of the Secure
Rural Schools and Community Self-Determination Act of 2000
(Public Law 106-393; 16 U.S.C. 500 note), not to exceed
$100,000,000, and the payments shall be made, to the maximum
extent practicable, in the same amounts, for the same
purposes, and in the same manner as were made to States and
counties in 2006 under that Act.
(b) There is appropriated $425,000,000, to remain available
until December 31, 2007, to be used to cover any shortfall
for payments made under this section from funds not otherwise
appropriated.
(c) Titles II and III of Public Law 106-393 are amended,
effective September 30, 2006, by striking ``2006'' and
``2007'' each place they appear and inserting ``2007'' and
``2008'', respectively.

CHAPTER 5

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Centers for Disease Control and Prevention

DISEASE CONTROL, RESEARCH AND TRAINING

For an additional amount for ``Department of Health and
Human Services, Centers for Disease Control and Prevention,
Disease Control, Research and Training'', to carry out
section 501 of the Federal Mine Safety and Health Act of 1977
and section 6 of the Mine Improvement and New Emergency
Response Act of 2006, $13,000,000 for research to develop
mine safety technology, including necessary repairs and
improvements to leased laboratories: Provided, That progress
reports on technology development shall be submitted to the
House and Senate Committees on Appropriations and the
Committee on Health, Education, Labor and Pensions of the
Senate and the Committee on Education and Labor of the House
of Representatives on a quarterly basis: Provided further,
That the amount provided under this heading shall remain
available until September 30, 2008.
For an additional amount for ``Department of Health and
Human Services, Centers for Disease Control and Prevention,
Disease Control, Research and Training'', to carry out
activities under section 5011(b) of the Emergency
Supplemental Appropriations Act to Address Hurricanes in the
Gulf of Mexico and Pandemic Influenza, 2006 (Public Law 109-
148), $50,000,000, to remain available until expended.

GENERAL PROVISIONS--THIS CHAPTER

(including rescissions)

Sec. 5501. (a). From unexpended balances available for the
Training and Employment Services account under the Department
of Labor, the following amounts are hereby rescinded--
(1) $3,589,000 transferred pursuant to the 2001 Emergency
Supplemental Appropriations Act for Recovery from and
Response to Terrorist Attacks on the United States (Public
Law 107-38);
(2) $834,000 transferred pursuant to the Emergency
Supplemental Appropriations Act of 1994 (Public Law 103-211);
and
(3) $71,000 for the Consortium for Worker Education
pursuant to the Emergency Supplemental Act, 2002 (Public Law
107-117).
(b) From unexpended balances available for the State
Unemployment Insurance and Employment Service Operations
account under the Department of Labor pursuant to the
Emergency Supplemental Act, 2002 (Public Law 107-117),
$4,100,000 are hereby rescinded.
Sec. 5502. (a) For an additional amount under ``Department
of Education, Safe Schools and Citizenship Education'',
$8,594,000 shall be available for Safe and Drug-Free Schools
National Programs for competitive grants to local educational
agencies to address youth violence and related issues.
(b) The competition under subsection (a) shall be limited
to local educational agencies that operate schools currently
identified as persistently dangerous under section 9532 of
the Elementary and Secondary Education Act of 1965.
Sec. 5503. Unobligated balances from funds appropriated in
the Department of Defense and Emergency Supplemental
Appropriations for Recovery from and Response to Terrorist
Attacks on the United States Act, 2002 (Public Law 107-117)
to the Department of Health and Human Services under the
heading ``Public Health and Social Services Emergency Fund''
that are available for bioterrorism preparedness and disaster
response activities in the Office of the Secretary shall also
be available for the construction, renovation and improvement
of facilities on federally-owned land as necessary for
continuity of operations activities.

CHAPTER 6

LEGISLATIVE BRANCH

CAPITOL POLICE

General Expenses

For an additional amount for ``Capitol Police, General
Expenses'', $10,000,000 for a radio modernization program, to
remain available until expended: Provided, That the Chief of
the Capitol Police may not obligate any of the funds
appropriated under this heading without approval of an
obligation plan by the Committees on Appropriations of the
Senate and the House of Representatives.

ARCHITECT OF THE CAPITOL

Capitol Power Plant

For an additional amount for ``Capitol Power Plant'',
$50,000,000, for utility tunnel repairs and asbestos
abatement, to remain available until September 30, 2011:
Provided, That the Architect of the Capitol may not obligate
any of the funds appropriated under this heading without
approval of an obligation plan by the Committees on
Appropriations of the Senate and House of Representatives.

CHAPTER 7

DEPARTMENT OF VETERANS AFFAIRS

Veterans Health Administration

MEDICAL SERVICES

For an additional amount for ``Medical Services'',
$466,778,000, to remain available until expended, of which
$30,000,000 shall be for the establishment of at least one
new Level I comprehensive polytrauma center; $9,440,000 shall
be for the establishment of polytrauma residential
transitional rehabilitation programs; $10,000,000 shall be
for additional transition caseworkers; $20,000,000 shall be
for substance abuse treatment programs; $20,000,000 shall be
for readjustment counseling; $10,000,000 shall be for blind
rehabilitation services; $100,000,000 shall be for
enhancements to mental health services; $8,000,000 shall be
for polytrauma support clinic teams; $5,356,000 shall be for
additional polytrauma points of contact; $228,982,000 shall
be for treatment of Operation Enduring Freedom and Operation
Iraqi Freedom veterans; and $25,000,000 shall be for
prosthetics.

MEDICAL ADMINISTRATION

For an additional amount for ``Medical Administration'',
$250,000,000, to remain available until expended.

MEDICAL FACILITIES

For an additional amount for ``Medical Facilities'',
$595,000,000, to remain available until expended, of which
$45,000,000 shall be used for facility and equipment upgrades
at the Department of Veterans Affairs polytrauma network
sites; and $550,000,000 shall be for non-recurring
maintenance as identified in the Department of Veterans
Affairs Facility Condition Assessment report: Provided, That
the amount provided under this heading for non-recurring
maintenance shall be allocated in a manner not subject to the
Veterans Equitable Resource Allocation: Provided further,
That within 30 days of enactment of this Act the Secretary
shall submit to the Committees on Appropriations of both
Houses of Congress an expenditure plan, by project, for non-
recurring maintenance prior to obligation: Provided further,
That semi-annually, on October 1 and April 1, the Secretary
shall submit to the Committees on Appropriations of both
Houses of Congress a report on the status of funding for non-
recurring maintenance, including obligations and unobligated
balances for each project identified in the expenditure plan.

MEDICAL AND PROSTHETIC RESEARCH

For an additional amount for ``Medical and Prosthetic
Research'', $32,500,000, to remain available until expended,
which shall be used for research related to the unique
medical needs of returning Operation Enduring Freedom and
Operation Iraqi Freedom veterans.

Departmental Administration

General Operating Expenses

(including transfer of funds)

For an additional amount for ``General Operating
Expenses'', $83,200,000, to remain available until expended,
of which $1,250,000 shall be for digitization of military
records; $60,750,000 shall be for expenses related to hiring
and training new claims processing

[[Page H5787]]

personnel; up to $1,200,000 shall be for an independent study
of the organizational structure, management and coordination
processes, including seamless transition, utilized by the
Department of Veterans Affairs to provide health care and
benefits to active duty personnel and veterans, including
those returning Operation Enduring Freedom and Operation
Iraqi Freedom veterans; and $20,000,000 shall be for
disability examinations: Provided, That not to exceed
$1,250,000 of the amount appropriated under this heading may
be transferred to the Department of Defense for the
digitization of military records used to verify stressors for
benefits claims.

INFORMATION TECHNOLOGY SYSTEMS

For an additional amount for ``Information Technology
Systems'', $35,100,000, to remain available until expended,
of which $20,000,000 shall be for information technology
support and improvements for processing of Operation Enduring
Freedom and Operation Iraqi Freedom veterans benefits claims,
including making electronic Department of Defense medical
records available for claims processing and enabling
electronic benefits applications by veterans; and $15,100,000
shall be for electronic data breach remediation and
prevention.

CONSTRUCTION, MINOR PROJECTS

For an additional amount for ``Construction, Minor
Projects'', $326,000,000, to remain available until expended,
of which up to $36,000,000 shall be for construction costs
associated with the establishment of polytrauma residential
transitional rehabilitation programs.

GENERAL PROVISIONS--THIS CHAPTER

Sec. 5701. The Director of the Congressional Budget Office
shall, not later than November 15, 2007, submit to the
Committees on Appropriations of the House of Representatives
and the Senate a report projecting appropriations necessary
for the Departments of Defense and Veterans Affairs to
continue providing necessary health care to veterans of the
conflicts in Iraq and Afghanistan. The projections should
span several scenarios for the duration and number of forces
deployed in Iraq and Afghanistan, and more generally, for the
long-term health care needs of deployed troops engaged in the
global war on terrorism over the next ten years.
Sec. 5702. Notwithstanding any other provision of law,
appropriations made by Public Law 110-5, which the Secretary
of Veterans Affairs contributes to the Department of Defense/
Department of Veterans Affairs Health Care Sharing Incentive
Fund under the authority of section 8111(d) of title 38,
United States Code, shall remain available until expended for
any purpose authorized by section 8111 of title 38, United
States Code.
Sec. 5703. (a)(1) The Secretary of Veterans Affairs
(referred to in this section as the ``Secretary'') may convey
to the State of Texas, without consideration, all rights,
title, and interest of the United States in and to the parcel
of real property comprising the location of the Marlin,
Texas, Department of Veterans Affairs Medical Center.
(2) The property conveyed under paragraph (1) shall be used
by the State of Texas for the purposes of a prison.
(b) In carrying out the conveyance under subsection (a),
the Secretary shall conduct environmental cleanup on the
parcel to be conveyed, at a cost not to exceed $500,000,
using amounts made available for environmental cleanup of
sites under the jurisdiction of the Secretary.
(c) Nothing in this section may be construed to affect or
limit the application of or obligation to comply with any
environmental law, including section 120(h) of the
Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 (42 U.S.C. 9620(h)).
Sec. 5704. (a) Funds provided in this Act for the following
accounts shall be made available for programs under the
conditions contained in the language of the joint explanatory
statement of managers accompanying the conference report on
H.R. 1591 of the 110th Congress (H. Rept. 110-107):
``Medical Services''.
``Medical Administration''.
``Medical Facilities''.
``Medical and Prosthetic Research''.
``General Operating Expenses''.
``Information Technology Systems''.
``Construction, Minor Projects''.
(b) The Secretary of Veterans Affairs shall submit all
reports requested in House Report 110-60 and Senate Report
110-37, to the Committees on Appropriations of both Houses of
Congress.
Sec. 5705. Subsection (d) of section 2023 of title 38,
United States Code, is amended by striking ``shall cease''
and all that follows through ``program'' and inserting
``shall cease on September 30, 2007''.

TITLE VI--OTHER MATTERS

CHAPTER 1

DEPARTMENT OF AGRICULTURE

Farm Service Agency

SALARIES AND EXPENSES

For an additional amount for ``Salaries and Expenses'' of
the Farm Service Agency, $37,500,000, to remain available
until September 30, 2008: Provided, That this amount shall
only be available for network and database/application
stabilization.

GENERAL PROVISIONS--THIS CHAPTER

Sec. 6101. Of the funds made available through
appropriations to the Food and Drug Administration for fiscal
year 2007, not less than $4,000,000 shall be for the Office
of Women's Health of such Administration.
Sec. 6102. None of the funds made available to the
Department of Agriculture for fiscal year 2007 may be used to
implement the risk-based inspection program in the 30
prototype locations announced on February 22, 2007, by the
Under Secretary for Food Safety, or at any other locations,
until the USDA Office of Inspector General has provided its
findings to the Food Safety and Inspection Service and the
Committees on Appropriations of the House of Representatives
and the Senate on the data used in support of the development
and design of the risk-based inspection program and FSIS has
addressed and resolved issues identified by OIG.

CHAPTER 2

GENERAL PROVISIONS--THIS CHAPTER

Sec. 6201. Hereafter, federal employees at the National
Energy Technology Laboratory shall be classified as
inherently governmental for the purpose of the Federal
Activities Inventory Reform Act of 1998 (31 U.S.C. 501 note).
Sec. 6202. None of the funds made available under this or
any other Act shall be used during fiscal year 2007 to make,
or plan or prepare to make, any payment on bonds issued by
the Administrator of the Bonneville Power Administration
(referred in this section as the ``Administrator'') or for an
appropriated Federal Columbia River Power System investment,
if the payment is both--
(1) greater, during any fiscal year, than the payments
calculated in the rate hearing of the Administrator to be
made during that fiscal year using the repayment method used
to establish the rates of the Administrator as in effect on
October 1, 2006; and
(2) based or conditioned on the actual or expected net
secondary power sales receipts of the Administrator.

CHAPTER 3

GENERAL PROVISIONS--THIS CHAPTER

Sec. 6301. (a) Section 102(a)(3)(B) of the Help America
Vote Act of 2002 (42 U.S.C. 15302(a)(3)(B)) is amended by
striking ``January 1, 2006'' and inserting ``March 1, 2008''.
(b) The amendment made by subsection (a) shall take effect
as if included in the enactment of the Help America Vote Act
of 2002.
Sec. 6302. The structure of any of the offices or
components within the Office of National Drug Control Policy
shall remain as they were on October 1, 2006. None of the
funds appropriated or otherwise made available in the
Continuing Appropriations Resolution, 2007 (Public Law 110-5)
may be used to implement a reorganization of offices within
the Office of National Drug Control Policy without the
explicit approval of the Committees on Appropriations of the
House of Representatives and the Senate.
Sec. 6303. From the amount provided by section 21067 of the
Continuing Appropriations Resolution, 2007 (Public Law 110-
5), the National Archives and Records Administration may
obligate monies necessary to carry out the activities of the
Public Interest Declassification Board.
Sec. 6304. Notwithstanding the notice requirement of the
Transportation, Treasury, Housing and Urban Development, the
Judiciary, the District of Columbia, and Independent Agencies
Appropriations Act, 2006, 119 Stat. 2509 (Public Law 109-
115), as continued in section 104 of the Continuing
Appropriations Resolution, 2007 (Public Law 110-5), the
District of Columbia Courts may reallocate not more than
$1,000,000 of the funds provided for fiscal year 2007 under
the Federal Payment to the District of Columbia Courts for
facilities among the items and entities funded under that
heading for operations.
Sec. 6305. (a) Not later than 90 days after the date of
enactment of this Act, the Secretary of the Treasury, in
coordination with the Securities and Exchange Commission and
in consultation with the Departments of State and Energy,
shall prepare and submit to the Senate Committee on
Appropriations, the House Committee on Appropriations, the
Senate Committee on Banking, Housing, and Urban Affairs, the
House Committee on Financial Services, the Senate Foreign
Relations Committee, and the House Foreign Affairs Committee
a written report, which may include a classified annex,
containing the names of companies which either directly or
through a parent or subsidiary company, including partly-
owned subsidiaries, are known to conduct significant business
operations in Sudan relating to natural resource extraction,
including oil-related activities and mining of minerals. The
reporting provision shall not apply to companies operating
under licenses from the Office of Foreign Assets Control or
otherwise expressly exempted under United States law from
having to obtain such licenses in order to operate in Sudan.
(b) Not later than 45 days following the submission to
Congress of the list of companies conducting business
operations in Sudan relating to natural resource extraction
as required above, the General Services Administration shall
determine whether the United States Government has an active
contract for the procurement of goods or services with any of
the identified companies, and provide notification to the
appropriate committees of Congress, which may include a
classified annex, regarding the companies, nature of the
contract, and dollar amounts involved.

(including rescission)

Sec. 6306. (a) Of the funds provided for the General
Services Administration, ``Office of Inspector General'' in
section 21061 of the

[[Page H5788]]

Continuing Appropriations Resolution, 2007 (division B of
Public Law 109-289, as amended by Public Law 110-5),
$4,500,000 are rescinded.
(b) For an additional amount for the General Services
Administration, ``Office of Inspector General'', $4,500,000,
to remain available until September 30, 2008.
(c) With the additional amount of $9,336,000 appropriated
in Public Law 110-5 and in this Act, above the amount
appropriated in Public Law 109-115, of which $4,500,000
remains available for obligation in fiscal year 2008, the
Office of Inspector General shall hire additional staff for
internal audits and investigations, and the remaining funds
shall be for one-time associated needs such as information
technology and other such administrative support.
Sec. 6307. Section 21073 of the Continuing Appropriations
Resolution, 2007 (Public Law 110-5) is amended by adding a
new subsection (j) as follows:
``(j) Notwithstanding section 101, any appropriation or
funds made available to the District of Columbia pursuant to
this Act for `Federal Payment for Foster Care Improvement in
the District of Columbia' shall be available in accordance
with an expenditure plan submitted by the Mayor of the
District of Columbia not later than 60 days after the
enactment of this section which details the activities to be
carried out with such Federal Payment.''.
Sec. 6308. It is the sense of Congress that the Small
Business Administration will provide, through funds available
within amounts already appropriated for Small Business
Administration disaster assistance, physical and economic
injury disaster loans to Kansas businesses and homeowners
devastated by the severe tornadoes, storms, and flooding that
occurred beginning on May 4, 2007.

CHAPTER 4

DEPARTMENT OF HOMELAND SECURITY

GENERAL PROVISIONS--THIS CHAPTER

Sec. 6401. Not to exceed $30,000,000 from unobligated
balances remaining from prior appropriations for United
States Coast Guard, ``Retired Pay'', shall remain available
until expended in the account and for the purposes for which
the appropriations were provided, including the payment of
obligations otherwise chargeable to lapsed or current
appropriations for this purpose: Provided, That within 45
days after the date of enactment of this Act, the United
States Coast Guard shall submit to the Committees on
Appropriations of the Senate and the House of Representatives
the following: (1) a report on steps being taken to improve
the accuracy of its estimates for the ``Retired Pay''
appropriation, and (2) quarterly reports on the use of
unobligated balances made available by this Act to address
the projected shortfall in the ``Retired Pay'' appropriation,
as well as updated estimates for fiscal year 2008.
Sec. 6402. (a) In General.--Any contract, subcontract, task
or delivery order described in subsection (b) shall contain
the following:
(1) A requirement for a technical review of all designs,
design changes, and engineering change proposals, and a
requirement to specifically address all engineering concerns
identified in the review before the obligation of further
funds may occur.
(2) A requirement that the Coast Guard maintain technical
warrant holder authority, or the equivalent, for major
assets.
(3) A requirement that no procurement subject to subsection
(b) for lead asset production or the implementation of a
major design change shall be entered into unless an
independent third party with no financial interest in the
development, construction, or modification of any component
of the asset, selected by the Commandant, determines that
such action is advisable.
(4) A requirement for independent life-cycle cost estimates
of lead assets and major design and engineering changes.
(5) A requirement for the measurement of contractor and
subcontractor performance based on the status of all work
performed. For contracts under the Integrated Deepwater
Systems program, such requirement shall include a provision
that links award fees to successful acquisition outcomes
(which shall be defined in terms of cost, schedule, and
performance).
(6) A requirement that the Commandant of the Coast Guard
assign an appropriate officer or employee of the Coast Guard
to act as chair of each integrated product team and higher-
level team assigned to the oversight of each integrated
product team.
(7) A requirement that the Commandant of the Coast Guard
may not award or issue any contract, task or delivery order,
letter contract modification thereof, or other similar
contract, for the acquisition or modification of an asset
under a procurement subject to subsection (b) unless the
Coast Guard and the contractor concerned have formally agreed
to all terms and conditions or the head of contracting
activity for the Coast Guard determines that a compelling
need exists for the award or issue of such instrument.
(b) Contracts, Subcontracts, Task and Delivery Orders
Covered.--Subsection (a) applies to--
(1) any major procurement contract, first-tier subcontract,
delivery or task order entered into by the Coast Guard;
(2) any first-tier subcontract entered into under such a
contract; and
(3) any task or delivery order issued pursuant to such a
contract or subcontract.
(c) Expenditure of Deepwater Funds.--Of the funds available
for the Integrated Deepwater Systems program, $650,000,000
may not be obligated until the Committees on Appropriations
of the Senate and the House of Representatives receive an
expenditure plan directly from the Coast Guard that--
(1) defines activities, milestones, yearly costs, and life-
cycle costs for each procurement of a major asset;
(2) identifies life-cycle staffing and training needs of
Coast Guard project managers and of procurement and contract
staff;
(3) identifies competition to be conducted in each
procurement;
(4) describes procurement plans that do not rely on a
single industry entity or contract;
(5) contains very limited indefinite delivery/indefinite
quantity contracts and explains the need for any indefinite
delivery/indefinite quantity contracts;
(6) complies with all applicable acquisition rules,
requirements, and guidelines, and incorporates the best
systems acquisition management practices of the Federal
Government;
(7) complies with the capital planning and investment
control requirements established by the Office of Management
and Budget, including circular A-11, part 7;
(8) includes a certification by the head of contracting
activity for the Coast Guard and the Chief Procurement
Officer of the Department of Homeland Security that the Coast
Guard has established sufficient controls and procedures and
has sufficient staffing to comply with all contracting
requirements, and that any conflicts of interest have been
sufficiently addressed;
(9) includes a description of the process used to act upon
deviations from the contractually specified performance
requirements and clearly explains the actions taken on such
deviations;
(10) includes a certification that the Assistant Commandant
of the Coast Guard for Engineering and Logistics is
designated as the technical authority for all engineering,
design, and logistics decisions pertaining to the Integrated
Deepwater Systems program; and
(11) identifies progress in complying with the requirements
of subsection (a).
(d) Reports.--(1) Not later than 30 days after the date of
enactment of this Act, the Commandant of the Coast Guard
shall submit to the Committees on Appropriations of the
Senate and the House of Representatives; the Committee on
Commerce, Science and Transportation of the Senate; and the
Committee on Transportation and Infrastructure of the House
of Representatives: (i) a report on the resources (including
training, staff, and expertise) required by the Coast Guard
to provide appropriate management and oversight of the
Integrated Deepwater Systems program; and (ii) a report on
how the Coast Guard will utilize full and open competition
for any contract that provides for the acquisition or
modification of assets under, or in support of, the
Integrated Deepwater Systems program, entered into after the
date of enactment of this Act.
(2) Within 30 days following the submission of the
expenditure plan required under subsection (c), the
Government Accountability Office shall review the plan and
brief the Committees on Appropriations of the Senate and the
House of Representatives on its findings.
Sec. 6403. None of the funds provided in this Act or any
other Act may be used to alter or reduce operations within
the Civil Engineering Program of the Coast Guard nationwide,
including the civil engineering units, facilities, design and
construction centers, maintenance and logistics command
centers, and the Coast Guard Academy, except as specifically
authorized by a statute enacted after the date of enactment
of this Act.

(including rescissions of funds)

Sec. 6404. (a) Rescissions.--The following unobligated
balances made available pursuant to section 505 of Public Law
109-90 are rescinded: $1,200,962 from the ``Office of the
Secretary and Executive Management''; $512,855 from the
``Office of the Under Secretary for Management''; $461,874
from the ``Office of the Chief Information Officer''; $45,080
from the ``Office of the Chief Financial Officer''; $968,211
from Preparedness ``Management and Administration'';
$1,215,486 from Science and Technology ``Management and
Administration''; $450,000 from United States Secret Service
``Salaries and Expenses''; $450,000 from Federal Emergency
Management Agency ``Administrative and Regional Operations'';
and $25,595,532 from United States Coast Guard ``Operating
Expenses''.
(b) Additional Appropriations.--
(1) For an additional amount for United States Coast Guard
``Acquisition, Construction, and Improvements'', $30,000,000,
to remain available until September 30, 2009, to mitigate the
Service's patrol boat operational gap.
(2) For an additional amount for the ``Office of the Under
Secretary for Management'', $900,000 for an independent study
to compare the Department of Homeland Security senior career
and political staffing levels and senior career training
programs with those of similarly structured cabinet-level
agencies as detailed in House Report 110-107: Provided, That
the Department of Homeland Security shall provide to the
Committees on Appropriations of the Senate and the House of
Representatives by July 20, 2007, a report on senior
staffing, as detailed in Senate Report 110-37, and the
Government Accountability Office shall report on the
strengths and weakness of this report within 90 days after
its submission.

[[Page H5789]]

Sec. 6405. (a) In General.--With respect to contracts
entered into after July 1, 2007, and except as provided in
subsection (b), no entity performing lead system integrator
functions in the acquisition of a major system by the
Department of Homeland Security may have any direct financial
interest in the development or construction of any individual
system or element of any system of systems.
(b) Exception.--An entity described in subsection (a) may
have a direct financial interest in the development or
construction of an individual system or element of a system
of systems if--
(1) the Secretary of Homeland Security certifies to the
Committees on Appropriations of the Senate and the House of
Representatives, the Committee on Homeland Security of the
House of Representatives, the Committee on Transportation and
Infrastructure of the House of Representatives, the Committee
on Homeland Security and Governmental Affairs of the Senate,
and the Committee on Commerce, Science and Transportation of
the Senate that--
(A) the entity was selected by the Department of Homeland
Security as a contractor to develop or construct the system
or element concerned through the use of competitive
procedures; and
(B) the Department took appropriate steps to prevent any
organizational conflict of interest in the selection process;
or
(2) the entity was selected by a subcontractor to serve as
a lower-tier subcontractor, through a process over which the
entity exercised no control.
(c) Construction.--Nothing in this section shall be
construed to preclude an entity described in subsection (a)
from performing work necessary to integrate two or more
individual systems or elements of a system of systems with
each other.
(d) Regulations Update.--Not later than July 1, 2007, the
Secretary of Homeland Security shall update the acquisition
regulations of the Department of Homeland Security in order
to specify fully in such regulations the matters with respect
to lead system integrators set forth in this section.
Included in such regulations shall be: (1) a precise and
comprehensive definition of the term ``lead system
integrator'', modeled after that used by the Department of
Defense; and (2) a specification of various types of
contracts and fee structures that are appropriate for use by
lead system integrators in the production, fielding, and
sustainment of complex systems.

CHAPTER 5

GENERAL PROVISIONS--THIS CHAPTER

Sec. 6501. Section 20515 of the Continuing Appropriations
Resolution, 2007 (division B of Public Law 109-289, as
amended by Public Law 110-5) is amended by inserting before
the period: ``; and of which, not to exceed $143,628,000
shall be available for contract support costs under the terms
and conditions contained in Public Law 109-54''.
Sec. 6502. Section 20512 of the Continuing Appropriations
Resolution, 2007 (division B of Public Law 109-289, as
amended by Public Law 110-5) is amended by inserting after
the first dollar amount: ``, of which not to exceed
$7,300,000 shall be transferred to the `Indian Health
Facilities' account; the amount in the second proviso shall
be $18,000,000; the amount in the third proviso shall be
$525,099,000; the amount in the ninth proviso shall be
$269,730,000; and the $15,000,000 allocation of funding under
the eleventh proviso shall not be required''.
Sec. 6503. Section 20501 of the Continuing Appropriations
Resolution, 2007 (division B of Public Law 109-289, as
amended by Public Law 110-5) is amended by inserting after
``$55,663,000'' the following: ``of which $13,000,000 shall
be for Save America's Treasures''.
Sec. 6504. Funds made available to the United States Fish
and Wildlife Service for fiscal year 2007 under the heading
``Land Acquisition'' may be used for land conservation
partnerships authorized by the Highlands Conservation Act of
2004.

CHAPTER 6

DEPARTMENT OF HEALTH AND HUMAN SERVICES

National Institutes of Health

National Institute of Allergy and Infectious Diseases

(TRANSFER OF FUNDS)

Of the amount provided by the Continuing Appropriations
Resolution, 2007 (division B of Public Law 109-289, as
amended by Public Law 110-5) for ``National Institute of
Allergy and Infectious Diseases'', $49,500,000 shall be
transferred to ``Public Health and Social Services Emergency
Fund'' to carry out activities relating to advanced research
and development as provided by section 319L of the Public
Health Service Act.

OFFICE OF THE DIRECTOR

(Transfer of Funds)

Of the amount provided by the Continuing Appropriations
Resolution, 2007 (division B of Public Law 109-289, as
amended by Public Law 110-5) for ``Office of the Director'',
$49,500,000 shall be transferred to ``Public Health and
Social Services Emergency Fund'' to carry out activities
relating to advanced research and development as provided by
section 319L of the Public Health Service Act.

NATIONAL COUNCIL ON DISABILITY

Salaries and Expenses

For an additional amount for ``Salaries and Expenses'',
$300,000, to remain available until expended, for necessary
expenses related to the requirements of the Post-Katrina
Emergency Management Reform Act of 2006, as enacted by the
Department of Homeland Security Appropriations Act, 2007
(Public Law 109-295).

GENERAL PROVISIONS--THIS CHAPTER

(INCLUDING TRANSFERS OF FUNDS AND RESCISSIONS)

Sec. 6601. Section 20602 of the Continuing Appropriations
Resolution, 2007 (division B of Public Law 109-289, as
amended by Public Law 110-5) is amended by inserting the
following after ``$5,000,000'': ``(together with an
additional $7,000,000 which shall be transferred by the
Pension Benefit Guaranty Corporation as an authorized
administrative cost), to remain available through September
30, 2008,''.
Sec. 6602. (a) None of the funds available to the Mine
Safety and Health Administration under the Continuing
Appropriations Resolution, 2007 (division B of Public Law
109-289, as amended by Public Law 110-5) shall be used to
enter into or carry out a contract for the performance by a
contractor of any operations or services pursuant to the
public-private competitions conducted under Office of
Management and Budget Circular A-76.
(b) Hereafter, Federal employees at the Mine Safety and
Health Administration shall be classified as inherently
governmental for the purpose of the Federal Activities
Inventory Reform Act of 1998 (31 U.S.C. 501 note).
Sec. 6603. Section 20607 of the Continuing Appropriations
Resolution, 2007 (division B of Public Law 109-289, as
amended by Public Law 110-5) is amended by inserting ``of
which $9,666,000 shall be for the Women's Bureau,'' after
``for child labor activities,''.
Sec. 6604. Of the amount provided for ``Department of
Health and Human Services, Health Resources and Services
Administration, Health Resources and Services'' in the
Continuing Appropriations Resolution, 2007 (division B of
Public Law 109-289, as amended by Public Law 110-5),
$23,000,000 shall be for Poison Control Centers.
Sec. 6605. From the amounts made available by the
Continuing Appropriations Resolution, 2007 (division B of
Public Law 109-289, as amended by Public Law 110-5) for the
Office of the Secretary, General Departmental Management
under the Department of Health and Human Services, $500,000
are rescinded.
Sec. 6606. Section 20625(b)(1) of the Continuing
Appropriations Resolution, 2007 (division B of Public Law
109-289, as amended by Public Law 110-5) is amended by--
(1) striking ``$7,172,994,000'' and inserting
``$7,176,431,000'';
(2) amending subparagraph (A) to read as follows: ``(A)
$5,454,824,000 shall be for basic grants under section 1124
of the Elementary and Secondary Education Act of 1965 (ESEA),
of which up to $3,437,000 shall be available to the Secretary
of Education on October 1, 2006, to obtain annually updated
educational-agency-level census poverty data from the Bureau
of the Census;''; and
(3) amending subparagraph (C) to read as follows: ``(C) not
to exceed $2,352,000 may be available for section 1608 of the
ESEA and for a clearinghouse on comprehensive school reform
under part D of title V of the ESEA;''.
Sec. 6607. The provision in the first proviso under the
heading ``Rehabilitation Services and Disability Research''
in the Department of Education Appropriations Act, 2006,
relating to alternative financing programs under section
4(b)(2)(D) of the Assistive Technology Act of 1998 shall not
apply to funds appropriated by the Continuing Appropriations
Resolution, 2007.
Sec. 6608. From the amounts made available by the
Continuing Appropriations Resolution, 2007 (division B of
Public Law 109-289, as amended by Public Law 110-5) for
administrative expenses of the Department of Education,
$500,000 are rescinded: Provided, That such reduction shall
not apply to funds available to the Office for Civil Rights
and the Office of the Inspector General.
Sec. 6609. Notwithstanding sections 20639 and 20640 of the
Continuing Appropriations Resolution, 2007, as amended by
section 2 of the Revised Continuing Appropriations
Resolution, 2007 (Public Law 110-5), the Chief Executive
Officer of the Corporation for National and Community Service
may transfer an amount of not more than $1,360,000 from the
account under the heading ``National and Community Service
Programs, Operating Expenses'' under the heading
``Corporation for National and Community Service'', to the
account under the heading ``Salaries and Expenses'' under the
heading ``Corporation for National and Community Service''.
Sec. 6610. (a) Section 1310.12(a) of title 45, Code of
Federal Regulations, shall take effect 30 days after the date
of enactment of this Act.
(b)(1) Not later than 60 days after the National Highway
Traffic Safety Administration of the Department of
Transportation submits its study on occupant protection on
Head Start transit vehicles (related to Government
Accountability Office report GAO-06-767R), the Secretary of
Health and Human Services shall review and shall revise as
necessary the allowable alternate vehicle standards described
in that part 1310 (or any corresponding similar regulation or
ruling) relating to allowable alternate vehicles used to
transport children for a Head Start program. In making any
such revision, the Secretary shall revise the standards to be
consistent with the findings contained in such study,
including making a determination on the exemption of such a
vehicle from Federal seat

[[Page H5790]]

spacing requirements, and Federal supporting seating
requirements related to compartmentalization, if such vehicle
meets all other applicable Federal motor vehicle safety
standards, including standards for seating systems, occupant
crash protection, seat belt assemblies, and child restraint
anchorage systems consistent with that part 1310 (or any
corresponding similar regulation or ruling).
(2) Notwithstanding subsection (a), until such date as the
Secretary of Health and Human Services completes the review
and any necessary revision specified in paragraph (1), the
provisions of section 1310.12(a) relating to Federal seat
spacing requirements, and Federal supporting seating
requirements related to compartmentalization, for allowable
alternate vehicles used to transport children for a Head
Start program, shall not apply to such a vehicle if such
vehicle meets all other applicable Federal motor vehicle
safety standards, as described in paragraph (1).
Sec. 6611. (a)(1) Section 3(37)(G) of the Employee
Retirement Income Security Act of 1974 (29 U.S.C.
1002(37)(G)) (as amended by section 1106(a) of the Pension
Protection Act of 2006) is amended--
(A) in clause (i)(II)(aa), by striking ``for each of the 3
plan years immediately before the date of the enactment of
the Pension Protection Act of 2006,'' and inserting ``for
each of the 3 plan years immediately preceding the first plan
year for which the election under this paragraph is effective
with respect to the plan,'';
(B) in clause (ii), by striking ``starting with the first
plan year ending after the date of the enactment of the
Pension Protection Act of 2006'' and inserting ``starting
with any plan year beginning on or after January 1, 1999, and
ending before January 1, 2008, as designated by the plan in
the election made under clause (i)(II)''; and
(C) by adding at the end the following new clause:
``(vii) For purposes of this Act and the Internal Revenue
Code of 1986, a plan making an election under this
subparagraph shall be treated as maintained pursuant to a
collective bargaining agreement if a collective bargaining
agreement, expressly or otherwise, provides for or permits
employer contributions to the plan by one or more employers
that are signatory to such agreement, or participation in the
plan by one or more employees of an employer that is
signatory to such agreement, regardless of whether the plan
was created, established, or maintained for such employees by
virtue of another document that is not a collective
bargaining agreement.''.
(2) Paragraph (6) of section 414(f) of the Internal Revenue
Code of 1986 (relating to election with regard to
multiemployer status) (as amended by section 1106(b) of the
Pension Protection Act of 2006) is amended--
(A) in subparagraph (A)(ii)(I), by striking ``for each of
the 3 plan years immediately before the date of enactment of
the Pension Protection Act of 2006,'' and inserting ``for
each of the 3 plan years immediately preceding the first plan
year for which the election under this paragraph is effective
with respect to the plan,'';
(B) in subparagraph (B), by striking ``starting with the
first plan year ending after the date of the enactment of the
Pension Protection Act of 2006'' and inserting ``starting
with any plan year beginning on or after January 1, 1999, and
ending before January 1, 2008, as designated by the plan in
the election made under subparagraph (A)(ii)''; and
(C) by adding at the end the following new subparagraph:
``(F) Maintenance under collective bargaining agreement.--
For purposes of this title and the Employee Retirement Income
Security Act of 1974, a plan making an election under this
paragraph shall be treated as maintained pursuant to a
collective bargaining agreement if a collective bargaining
agreement, expressly or otherwise, provides for or permits
employer contributions to the plan by one or more employers
that are signatory to such agreement, or participation in the
plan by one or more employees of an employer that is
signatory to such agreement, regardless of whether the plan
was created, established, or maintained for such employees by
virtue of another document that is not a collective
bargaining agreement.''.
(b)(1) Clause (vi) of section 3(37)(G) of the Employee
Retirement Income Security Act of 1974 (as amended by section
1106(a) of the Pension Protection Act of 2006) is amended by
striking ``if it is a plan--'' and all that follows and
inserting the following: ``if it is a plan sponsored by an
organization which is described in section 501(c)(5) of the
Internal Revenue Code of 1986 and exempt from tax under
section 501(a) of such Code and which was established in
Chicago, Illinois, on August 12, 1881.''.
(2) Subparagraph (E) of section 414(f)(6) of the Internal
Revenue Code of 1986 (as amended by section 1106(b) of the
Pension Protection Act of 2006) is amended by striking ``if
it is a plan--'' and all that follows and inserting the
following: ``if it is a plan sponsored by an organization
which is described in section 501(c)(5) and exempt from tax
under section 501(a) and which was established in Chicago,
Illinois, on August 12, 1881.''.
(c) The amendments made by this section shall take effect
as if included in section 1106 of the Pension Protection Act
of 2006.
Sec. 6612. (a) Subclause (III) of section 420(f)(2)(E)(i)
of the Internal Revenue Code of 1986 is amended by striking
``subsection (c)(2)(E)(ii)(II)'' and inserting ``subsection
(c)(3)(E)(ii)(II)''.
(b) Section 420(e)(2)(B) of the Internal Revenue Code of
1986 is amended by striking ``funding shortfall'' and
inserting ``funding target''.
(c) The amendments made by this section shall take effect
as if included in the provisions of the Pension Protection
Act of 2006 to which they relate.
Sec. 6613. (a) Subparagraph (A) of section 420(c)(3) of the
Internal Revenue Code of 1986 is amended by striking
``transfer.'' and inserting ``transfer or, in the case of a
transfer which involves a plan maintained by an employer
described in subsection (f)(2)(E)(i)(III), if the plan meets
the requirements of subsection (f)(2)(D)(i)(II).''.
(b) The amendment made by subsection (a) shall apply to
transfers after the date of the enactment of this Act.
Sec. 6614. (a) Section 402(i)(1) of the Pension Protection
Act of 2006 is amended by striking ``December 28, 2007'' and
inserting ``January 1, 2008''.
(b) The amendment made by subsection (a) shall take effect
as if included in section 402 of the Pension Protection Act
of 2006.
Sec. 6615. (a) Section 402(a)(2) of the Pension Protection
Act of 2006 is amended by inserting ``and by using, in
determining the funding target for each of the 10 plan years
during such period, an interest rate of 8.25 percent (rather
than the segment rates calculated on the basis of the
corporate bond yield curve)'' after ``such plan year''.
(b) The amendment made by this section shall take effect as
if included in the provisions of the Pension Protection Act
of 2006 to which such amendment relates.

CHAPTER 7

LEGISLATIVE BRANCH

HOUSE OF REPRESENTATIVES

Payment to Widows and Heirs of Deceased Members of Congress

For payment to Gloria W. Norwood, widow of Charles W.
Norwood, Jr., late a Representative from the State of
Georgia, $165,200.
For payment to James McDonald, Jr., widower of Juanita
Millender-McDonald, late a Representative from the State of
California, $165,200.

GENERAL PROVISION--THIS CHAPTER

Sec. 6701. (a) There is established in the Office of the
Architect of the Capitol the position of Chief Executive
Officer for Visitor Services (in this section referred to as
the ``Chief Executive Officer''), who shall be appointed by
the Architect of the Capitol.
(b) The Chief Executive Officer shall be responsible for
the operation and management of the Capitol Visitor Center,
subject to the direction of the Architect of the Capitol. In
carrying out these responsibilities, the Chief Executive
Officer shall report directly to the Architect of the Capitol
and shall be subject to policy review and oversight by the
Committee on Rules and Administration of the Senate and the
Committee on House Administration of the House of
Representatives.
(c) The Chief Executive Officer shall be paid at an annual
rate equal to the annual rate of pay for the Chief Operating
Officer of the Office of the Architect of the Capitol.
(d) This section shall apply with respect to fiscal year
2007 and each succeeding fiscal year.

CHAPTER 8

GENERAL PROVISIONS--THIS CHAPTER

TECHNICAL AMENDMENT

Sec. 6801. (a) Notwithstanding any other provision of law,
subsection (c) under the heading ``Assistance for the
Independent States of the Former Soviet Union'' in Public Law
109-102, shall not apply to funds appropriated by the
Continuing Appropriations Resolution, 2007 (Public Law 109-
289, division B) as amended by Public Laws 109-369, 109-383,
and 110-5.
(b) Section 534(k) of the Foreign Operations, Export
Financing, and Related Programs Appropriations Act, 2006
(Public Law 109-102) is amended, in the second proviso, by
inserting after ``subsection (b) of that section'' the
following: ``and the requirement that a majority of the
members of the board of directors be United States citizens
provided in subsection (d)(3)(B) of that section''.
(c) Subject to section 101(c)(2) of the Continuing
Appropriations Resolution, 2007 (division B of Public Law
109-289, as amended by Public Law 110-5), the amount of funds
appropriated for ``Foreign Military Financing Program''
pursuant to such Resolution shall be construed to be the
total of the amount appropriated for such program by section
20401 of that Resolution and the amount made available for
such program by section 591 of the Foreign Operations, Export
Financing, and Related Programs Appropriations Act, 2006
(Public Law 109-102) which is made applicable to the fiscal
year 2007 by the provisions of such Resolution.
Sec. 6802. Notwithstanding any provision of title I of
division B of the Continuing Appropriations Resolution, 2007
(division B of Public Law 109-289, as amended by Public Laws
109-369, 109-383, and 110-5), the dollar amount limitation of
the first proviso under the heading, ``Administration of
Foreign Affairs, Diplomatic and Consular Programs'', in title
IV of the Science, State, Justice, Commerce, and Related
Agencies Appropriations Act, 2006 (Public Law 109-108; 119
Stat. 2319) shall not apply to funds appropriated under such
heading for fiscal year 2007.

[[Page H5791]]

CHAPTER 9

DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

Office of Federal Housing Enterprise Oversight

Salaries and Expenses

(including transfer of funds)

For an additional amount to carry out the Federal Housing
Enterprises Financial Safety and Soundness Act of 1992,
$6,150,000, to remain available until expended, to be derived
from the Federal Housing Enterprises Oversight Fund and to be
subject to the same terms and conditions pertaining to funds
provided under this heading in Public Law 109-115: Provided,
That not to exceed the total amount provided for these
activities for fiscal year 2007 shall be available from the
general fund of the Treasury to the extent necessary to incur
obligations and make expenditures pending the receipt of
collections to the Fund: Provided further, That the general
fund amount shall be reduced as collections are received
during the fiscal year so as to result in a final
appropriation from the general fund estimated at not more
than $0.

GENERAL PROVISIONS--THIS CHAPTER

Sec. 6901. (a) Hereafter, funds limited or appropriated for
the Department of Transportation may be obligated or expended
to grant authority to a Mexico-domiciled motor carrier to
operate beyond United States municipalities and commercial
zones on the United States-Mexico border only to the extent
that--
(1) granting such authority is first tested as part of a
pilot program;
(2) such pilot program complies with the requirements of
section 350 of Public Law 107-87 and the requirements of
section 31315(c) of title 49, United States Code, related to
pilot programs; and
(3) simultaneous and comparable authority to operate within
Mexico is made available to motor carriers domiciled in the
United States.
(b) Prior to the initiation of the pilot program described
in subsection (a) in any fiscal year--
(1) the Inspector General of the Department of
Transportation shall transmit to Congress and the Secretary
of Transportation a report verifying compliance with each of
the requirements of subsection (a) of section 350 of Public
Law 107-87, including whether the Secretary of Transportation
has established sufficient mechanisms to apply Federal motor
carrier safety laws and regulations to motor carriers
domiciled in Mexico that are granted authority to operate
beyond the United States municipalities and commercial zones
on the United States-Mexico border and to ensure compliance
with such laws and regulations; and
(2) the Secretary of Transportation shall--
(A) take such action as may be necessary to address any
issues raised in the report of the Inspector General under
subsection (b)(1) and submit a report to Congress detailing
such actions; and
(B) publish in the Federal Register, and provide sufficient
opportunity for public notice and comment--
(i) comprehensive data and information on the pre-
authorization safety audits conducted before and after the
date of enactment of this Act of motor carriers domiciled in
Mexico that are granted authority to operate beyond the
United States municipalities and commercial zones on the
United States-Mexico border;
(ii) specific measures to be required to protect the health
and safety of the public, including enforcement measures and
penalties for noncompliance;
(iii) specific measures to be required to ensure compliance
with section 391.11(b)(2) and section 365.501(b) of title 49,
Code of Federal Regulations;
(iv) specific standards to be used to evaluate the pilot
program and compare any change in the level of motor carrier
safety as a result of the pilot program; and
(v) a list of Federal motor carrier safety laws and
regulations, including the commercial drivers license
requirements, for which the Secretary of Transportation will
accept compliance with a corresponding Mexican law or
regulation as the equivalent to compliance with the United
States law or regulation, including for each law or
regulation an analysis as to how the corresponding United
States and Mexican laws and regulations differ.
(c) During and following the pilot program described in
subsection (a), the Inspector General of the Department of
Transportation shall monitor and review the conduct of the
pilot program and submit to Congress and the Secretary of
Transportation an interim report, 6 months after the
commencement of the pilot program, and a final report, within
60 days after the conclusion of the pilot program. Such
reports shall address whether--
(1) the Secretary of Transportation has established
sufficient mechanisms to determine whether the pilot program
is having any adverse effects on motor carrier safety;
(2) Federal and State monitoring and enforcement activities
are sufficient to ensure that participants in the pilot
program are in compliance with all applicable laws and
regulations; and
(3) the pilot program consists of a representative and
adequate sample of Mexico-domiciled carriers likely to engage
in cross-border operations beyond United States
municipalities and commercial zones on the United States-
Mexico border.
(d) In the event that the Secretary of Transportation in
any fiscal year seeks to grant operating authority for the
purpose of initiating cross-border operations beyond United
States municipalities and commercial zones on the United
States-Mexico border either with Mexico-domiciled motor
coaches or Mexico-domiciled commercial motor vehicles
carrying placardable quantities of hazardous materials, such
activities shall be initiated only after the conclusion of a
separate pilot program limited to vehicles of the pertinent
type. Each such separate pilot program shall follow the same
requirements and processes stipulated under subsections (a)
through (c) of this section and shall be planned, conducted
and evaluated in concert with the Department of Homeland
Security or its Inspector General, as appropriate, so as to
address any and all security concerns associated with such
cross-border operations.
Sec. 6902. Funds provided for the ``National Transportation
Safety Board, Salaries and Expenses'' in section 21031 of the
Continuing Appropriations Resolution, 2007 (division B of
Public Law 109-289, as amended by Public Law 110-5) include
amounts necessary to make lease payments due in fiscal year
2007 only, on an obligation incurred in 2001 under a capital
lease.
Sec. 6903. Section 21033 of the Continuing Appropriations
Resolution, 2007 (division B of Public Law 109-289, as
amended by Public Law 110-5) is amended by adding after the
second proviso: ``: Provided further, That paragraph (2)
under such heading in Public Law 109-115 (119 Stat. 2441)
shall be funded at $149,300,000, but additional section 8
tenant protection rental assistance costs may be funded in
2007 by using unobligated balances, notwithstanding the
purposes for which such amounts were appropriated, including
recaptures and carryover, remaining from funds appropriated
to the Department of Housing and Urban Development under this
heading, the heading `Annual Contributions for Assisted
Housing', the heading `Housing Certificate Fund', and the
heading `Project-Based Rental Assistance' for fiscal year
2006 and prior fiscal years: Provided further, That paragraph
(3) under such heading in Public Law 109-115 (119 Stat. 2441)
shall be funded at $47,500,000: Provided further, That
paragraph (4) under such heading in Public Law 109-115 (119
Stat. 2441) shall be funded at $5,900,000: Provided further,
That paragraph (5) under such heading in Public Law 109-115
(119 Stat. 2441) shall be funded at $1,281,100,000, of which
$1,251,100,000 shall be allocated for the calendar year 2007
funding cycle on a pro rata basis to public housing agencies
based on the amount public housing agencies were eligible to
receive in calendar year 2006, and of which up to $30,000,000
shall be available to the Secretary to allocate to public
housing agencies that need additional funds to administer
their section 8 programs, with up to $20,000,000 to be for
fees associated with section 8 tenant protection rental
assistance''.
Sec. 6904. Section 232(b) of the Departments of Veterans
Affairs and Housing and Urban Development, and Independent
Agencies Appropriations Act, 2001 (Public Law 106-377) is
amended to read as follows:
``(b) Applicability.--In the case of any dwelling unit
that, upon the date of the enactment of this Act, is assisted
under a housing assistance payment contract under section
8(o)(13) as in effect before such enactment, or under section
8(d)(2) of the United States Housing Act of 1937 (42 U.S.C.
1437f(d)(2)) as in effect before the enactment of the Quality
Housing and Work Responsibility Act of 1998 (title V of
Public Law 105-276), assistance may be renewed or extended
under such section 8(o)(13), as amended by subsection (a),
provided that the initial contract term and rent of such
renewed or extended assistance shall be determined pursuant
to subparagraphs (F) and (H), and subparagraphs (C) and (D)
of such section shall not apply to such extensions or
renewals.''.

TITLE VII--ELIMINATION OF SCHIP SHORTFALL AND OTHER HEALTH MATTERS

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Centers for Medicare and Medicaid Services State Children's Health
Insurance Fund

For an additional amount to provide additional allotments
to remaining shortfall States under section 2104(h)(4) of the
Social Security Act, as inserted by section 6001, such sums
as may be necessary, but not to exceed $650,000,000 for
fiscal year 2007, to remain available until expended.

GENERAL PROVISIONS--THIS TITLE

Sec. 7001. (a) Elimination of Remainder of SCHIP Funding
Shortfalls, Tiered Match, and Other Limitation on
Expenditures.--Section 2104(h) of the Social Security Act (42
U.S.C. 1397dd(h)), as added by section 201(a) of the National
Institutes of Health Reform Act of 2006 (Public Law 109-482),
is amended--
(1) in the heading for paragraph (2), by striking
``remainder of reduction'' and inserting ``part''; and
(2) by striking paragraph (4) and inserting the following:
``(4) Additional amounts to eliminate remainder of fiscal
year 2007 funding shortfalls.--
``(A) In general.--From the amounts provided in advance in
appropriations Acts, the Secretary shall allot to each
remaining shortfall State described in subparagraph (B)

[[Page H5792]]

such amount as the Secretary determines will eliminate the
estimated shortfall described in such subparagraph for the
State for fiscal year 2007.
``(B) Remaining shortfall state described.--For purposes of
subparagraph (A), a remaining shortfall State is a State with
a State child health plan approved under this title for which
the Secretary estimates, on the basis of the most recent data
available to the Secretary as of the date of the enactment of
this paragraph, that the projected Federal expenditures under
such plan for the State for fiscal year 2007 will exceed the
sum of--
``(i) the amount of the State's allotments for each of
fiscal years 2005 and 2006 that will not be expended by the
end of fiscal year 2006;
``(ii) the amount of the State's allotment for fiscal year
2007; and
``(iii) the amounts, if any, that are to be redistributed
to the State during fiscal year 2007 in accordance with
paragraphs (1) and (2).''.
(b) Conforming Amendments.--Section 2104(h) of such Act (42
U.S.C. 1397dd(h)) (as so added), is amended--
(1) in paragraph (1)(B), by striking ``subject to paragraph
(4)(B) and'';
(2) in paragraph (2)(B), by striking ``subject to paragraph
(4)(B) and'';
(3) in paragraph (5)(A), by striking ``and (3)'' and
inserting ``(3), and (4)''; and
(4) in paragraph (6)--
(A) in the first sentence--
(i) by inserting ``or allotted'' after ``redistributed'';
and
(ii) by inserting ``or allotments'' after
``redistributions''; and
(B) by striking ``and (3)'' and inserting ``(3), and (4)''.
Sec. 7002. (a) Prohibition.--
(1) Limitation on secretarial authority.--Notwithstanding
any other provision of law, the Secretary of Health and Human
Services shall not, prior to the date that is 1 year after
the date of enactment of this Act, take any action (through
promulgation of regulation, issuance of regulatory guidance,
or other administrative action) to--
(A) finalize or otherwise implement provisions contained in
the proposed rule published on January 18, 2007, on pages
2236 through 2248 of volume 72, Federal Register (relating to
parts 433, 447, and 457 of title 42, Code of Federal
Regulations);
(B) promulgate or implement any rule or provisions similar
to the provisions described in subparagraph (A) pertaining to
the Medicaid program established under title XIX of the
Social Security Act or the State Children's Health Insurance
Program established under title XXI of such Act; or
(C) promulgate or implement any rule or provisions
restricting payments for graduate medical education under the
Medicaid program.
(2) Continuation of other secretarial authority.--The
Secretary of Health and Human Service shall not be prohibited
during the period described in paragraph (1) from taking any
action (through promulgation of regulation, issuance of
regulatory guidance, or other administrative action) to
enforce a provision of law in effect as of the date of
enactment of this Act with respect to the Medicaid program or
the State Children's Health Insurance Program, or to
promulgate or implement a new rule or provision during such
period with respect to such programs, other than a rule or
provision described in paragraph (1) and subject to the
prohibition set forth in that paragraph.
(b) Requirement for Use of Tamper-Resistant Prescription
Pads Under the Medicaid Program.--
(1) In general.--Section 1903(i) of the Social Security Act
(42 U.S.C. 1396b(i)) is amended--
(A) by striking ``or'' at the end of paragraph (21);
(B) by striking the period at the end of paragraph (22) and
inserting ``; or''; and
(C) by inserting after paragraph (22) the following new
paragraph:
``(23) with respect to amounts expended for medical
assistance for covered outpatient drugs (as defined in
section 1927(k)(2)) for which the prescription was executed
in written (and non-electronic) form unless the prescription
was executed on a tamper-resistant pad.''.
(2) Effective date.--The amendments made by paragraph (1)
shall apply to prescriptions executed after September 30,
2007.
(c) Extension of Certain Pharmacy Plus Waivers.--
(1) Authority to continue to operate waivers.--
Notwithstanding any other provision of law, any State that is
operating a Pharmacy Plus waiver described in paragraph (2)
which would otherwise expire on June 30, 2007, may elect to
continue to operate the waiver through December 31, 2009 and
if a State elects to continue to operate such a waiver, the
Secretary of Health and Human Services shall approve the
continuation of the waiver through December 31, 2009.
(2) Pharmacy plus waiver described.--For purposes of
paragraph (1), a Pharmacy Plus waiver described in this
paragraph is a waiver approved by the Secretary of Health and
Human Services under the authority of section 1115 of the
Social Security Act (42 U.S.C. 1315) that provides coverage
for prescription drugs for individuals who have attained age
65 and whose family income does not exceed 200 percent of the
poverty line (as defined in section 2110(c)(5) of such Act
(42 U.S.C. 1397jj(c)(5)).

TITLE VIII--FAIR MINIMUM WAGE AND TAX RELIEF

Subtitle A--Fair Minimum Wage

SEC. 8101. SHORT TITLE.

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

SEC. 8102. MINIMUM WAGE.

(a) In General.--Section 6(a)(1) of the Fair Labor
Standards Act of 1938 (29 U.S.C. 206(a)(1)) is amended to
read as follows:
``(1) except as otherwise provided in this section, not
less than--
``(A) $5.85 an hour, beginning on the 60th day after the
date of enactment of the Fair Minimum Wage Act of 2007;
``(B) $6.55 an hour, beginning 12 months after that 60th
day; and
``(C) $7.25 an hour, beginning 24 months after that 60th
day;''.
(b) Effective Date.--The amendment made by subsection (a)
shall take effect 60 days after the date of enactment of this
Act.

SEC. 8103. APPLICABILITY OF MINIMUM WAGE TO AMERICAN SAMOA
AND THE COMMONWEALTH OF THE NORTHERN MARIANA
ISLANDS.

(a) In General.--Section 6 of the Fair Labor Standards Act
of 1938 (29 U.S.C. 206) shall apply to American Samoa and the
Commonwealth of the Northern Mariana Islands.
(b) Transition.--Notwithstanding subsection (a)--
(1) the minimum wage applicable to the Commonwealth of the
Northern Mariana Islands under section 6(a)(1) of the Fair
Labor Standards Act of 1938 (29 U.S.C. 206(a)(1)) shall be--
(A) $3.55 an hour, beginning on the 60th day after the date
of enactment of this Act; and
(B) increased by $0.50 an hour (or such lesser amount as
may be necessary to equal the minimum wage under section
6(a)(1) of such Act), beginning 1 year after the date of
enactment of this Act and each year thereafter until the
minimum wage applicable to the Commonwealth of the Northern
Mariana Islands under this paragraph is equal to the minimum
wage set forth in such section; and
(2) the minimum wage applicable to American Samoa under
section 6(a)(1) of the Fair Labor Standards Act of 1938 (29
U.S.C. 206(a)(1)) shall be--
(A) the applicable wage rate in effect for each industry
and classification under section 697 of title 29, Code of
Federal Regulations, on the date of enactment of this Act;
(B) increased by $0.50 an hour, beginning on the 60th day
after the date of enactment of this Act; and
(C) increased by $0.50 an hour (or such lesser amount as
may be necessary to equal the minimum wage under section
6(a)(1) of such Act), beginning 1 year after the date of
enactment of this Act and each year thereafter until the
minimum wage applicable to American Samoa under this
paragraph is equal to the minimum wage set forth in such
section.
(c) Conforming Amendments.--
(1) In general.--The Fair Labor Standards Act of 1938 is
amended--
(A) by striking sections 5 and 8; and
(B) in section 6(a), by striking paragraph (3) and
redesignating paragraphs (4) and (5) as paragraphs (3) and
(4), respectively.
(2) Effective date.--The amendments made by this subsection
shall take effect 60 days after the date of enactment of this
Act.

SEC. 8104. STUDY ON PROJECTED IMPACT.

(a) Study.--Beginning on the date that is 60 days after the
date of enactment of this Act, the Secretary of Labor shall,
through the Bureau of Labor Statistics, conduct a study to--
(1) assess the impact of the wage increases required by
this Act through such date; and
(2) project the impact of any further wage increase,
on living standards and rates of employment in American Samoa
and the Commonwealth of the Northern Mariana Islands.
(b) Report.--Not later than the date that is 8 months after
the date of enactment of this Act, the Secretary of Labor
shall transmit to Congress a report on the findings of the
study required by subsection (a).

Subtitle B--Small Business Tax Incentives

SEC. 8201. SHORT TITLE; AMENDMENT OF CODE; TABLE OF CONTENTS.

(a) Short Title.--This subtitle may be cited as the ``Small
Business and Work Opportunity Tax Act of 2007''.
(b) Amendment of 1986 Code.--Except as otherwise expressly
provided, whenever in this subtitle an amendment or repeal is
expressed in terms of an amendment to, or repeal of, a
section or other provision, the reference shall be considered
to be made to a section or other provision of the Internal
Revenue Code of 1986.
(c) Table of Contents.--The table of contents of this
subtitle is as follows:

Sec. 8201. Short title; amendment of Code; table of contents.

Part 1--Small Business Tax Relief Provisions

Subpart A--General provisions

Sec. 8211. Extension and modification of work opportunity tax credit.
Sec. 8212. Extension and increase of expensing for small business.
Sec. 8213. Determination of credit for certain taxes paid with respect
to employee cash tips.
Sec. 8214. Waiver of individual and corporate alternative minimum tax
limits on work opportunity credit and credit for taxes
paid with respect to employee cash tips.
Sec. 8215. Family business tax simplification.

[[Page H5793]]

Subpart B--Gulf Opportunity Zone tax incentives

Sec. 8221. Extension of increased expensing for qualified section 179
Gulf Opportunity Zone property.
Sec. 8222. Extension and expansion of low-income housing credit rules
for buildings in the GO Zones.
Sec. 8223. Special tax-exempt bond financing rule for repairs and
reconstructions of residences in the GO Zones.
Sec. 8224. GAO study of practices employed by State and local
governments in allocating and utilizing tax incentives
provided pursuant to the Gulf Opportunity Zone Act of
2005.

Subpart C--Subchapter S provisions

Sec. 8231. Capital gain of S corporation not treated as passive
investment income.
Sec. 8232. Treatment of bank director shares.
Sec. 8233. Special rule for bank required to change from the reserve
method of accounting on becoming S corporation.
Sec. 8234. Treatment of the sale of interest in a qualified subchapter
S subsidiary.
Sec. 8235. Elimination of all earnings and profits attributable to pre-
1983 years for certain corporations.
Sec. 8236. Deductibility of interest expense on indebtedness incurred
by an electing small business trust to acquire S
corporation stock.

Part 2--Revenue Provisions

Sec. 8241. Increase in age of children whose unearned income is taxed
as if parent's income.
Sec. 8242. Suspension of certain penalties and interest.
Sec. 8243. Modification of collection due process procedures for
employment tax liabilities.
Sec. 8244. Permanent extension of IRS user fees.
Sec. 8245. Increase in penalty for bad checks and money orders.
Sec. 8246. Understatement of taxpayer liability by return preparers.
Sec. 8247. Penalty for filing erroneous refund claims.
Sec. 8248. Time for payment of corporate estimated taxes.

PART 1--SMALL BUSINESS TAX RELIEF PROVISIONS

Subpart A--General Provisions

SEC. 8211. EXTENSION AND MODIFICATION OF WORK OPPORTUNITY TAX
CREDIT.

(a) Extension.--Section 51(c)(4)(B) (relating to
termination) is amended by striking ``December 31, 2007'' and
inserting ``August 31, 2011''.
(b) Increase in Maximum Age for Designated Community
Residents.--
(1) In general.--Paragraph (5) of section 51(d) is amended
to read as follows:
``(5) Designated community residents.--
``(A) In general.--The term `designated community resident'
means any individual who is certified by the designated local
agency--
``(i) as having attained age 18 but not age 40 on the
hiring date, and
``(ii) as having his principal place of abode within an
empowerment zone, enterprise community, renewal community, or
rural renewal county.
``(B) Individual must continue to reside in zone,
community, or county.--In the case of a designated community
resident, the term `qualified wages' shall not include wages
paid or incurred for services performed while the
individual's principal place of abode is outside an
empowerment zone, enterprise community, renewal community, or
rural renewal county.
``(C) Rural renewal county.--For purposes of this
paragraph, the term `rural renewal county' means any county
which--
``(i) is outside a metropolitan statistical area (defined
as such by the Office of Management and Budget), and
``(ii) during the 5-year periods 1990 through 1994 and 1995
through 1999 had a net population loss.''.
(2) Conforming amendment.--Subparagraph (D) of section
51(d)(1) is amended to read as follows:
``(D) a designated community resident,''.
(c) Clarification of Treatment of Individuals Under
Individual Work Plans.--Subparagraph (B) of section 51(d)(6)
(relating to vocational rehabilitation referral) is amended
by striking ``or'' at the end of clause (i), by striking the
period at the end of clause (ii) and inserting ``, or'', and
by adding at the end the following new clause:
``(iii) an individual work plan developed and implemented
by an employment network pursuant to subsection (g) of
section 1148 of the Social Security Act with respect to which
the requirements of such subsection are met.''.
(d) Treatment of Disabled Veterans Under the Work
Opportunity Tax Credit.--
(1) Disabled veterans treated as members of targeted
group.--
(A) In general.--Subparagraph (A) of section 51(d)(3)
(relating to qualified veteran) is amended by striking
``agency as being a member of a family'' and all that follows
and inserting ``agency as--
``(i) being a member of a family receiving assistance under
a food stamp program under the Food Stamp Act of 1977 for at
least a 3-month period ending during the 12-month period
ending on the hiring date, or
``(ii) entitled to compensation for a service-connected
disability, and--

``(I) having a hiring date which is not more that 1 year
after having been discharged or released from active duty in
the Armed Forces of the United States, or
``(II) having aggregate periods of unemployment during the
1-year period ending on the hiring date which equal or exceed
6 months.''.

(B) Definitions.--Paragraph (3) of section 51(d) is amended
by adding at the end the following new subparagraph:
``(C) Other definitions.--For purposes of subparagraph (A),
the terms `compensation' and `service-connected' have the
meanings given such terms under section 101 of title 38,
United States Code.''.
(2) Increase in amount of wages taken into account for
disabled veterans.--Paragraph (3) of section 51(b) is
amended--
(A) by inserting ``($12,000 per year in the case of any
individual who is a qualified veteran by reason of subsection
(d)(3)(A)(ii))'' before the period at the end, and
(B) by striking ``Only first $6,000 of'' in the heading and
inserting ``Limitation on''.
(e) Effective Date.--The amendments made by this section
shall apply to individuals who begin work for the employer
after the date of the enactment of this Act.

SEC. 8212. EXTENSION AND INCREASE OF EXPENSING FOR SMALL
BUSINESS.

(a) Extension.--Subsections (b)(1), (b)(2), (b)(5), (c)(2),
and (d)(1)(A)(ii) of section 179 (relating to election to
expense certain depreciable business assets) are each amended
by striking ``2010'' and inserting ``2011''.
(b) Increase in Limitations.--Subsection (b) of section 179
is amended--
(1) by striking ``$100,000 in the case of taxable years
beginning after 2002'' in paragraph (1) and inserting
``$125,000 in the case of taxable years beginning after
2006'', and
(2) by striking ``$400,000 in the case of taxable years
beginning after 2002'' in paragraph (2) and inserting
``$500,000 in the case of taxable years beginning after
2006''.
(c) Inflation Adjustment.--Subparagraph (A) of section
179(b)(5) is amended--
(1) by striking ``2003'' and inserting ``2007'',
(2) by striking ``$100,000 and $400,000'' and inserting
``$125,000 and $500,000'', and
(3) by striking ``2002'' in clause (ii) and inserting
``2006''.
(d) Effective Date.--The amendments made by this section
shall apply to taxable years beginning after December 31,
2006.

SEC. 8213. DETERMINATION OF CREDIT FOR CERTAIN TAXES PAID
WITH RESPECT TO EMPLOYEE CASH TIPS.

(a) In General.--Subparagraph (B) of section 45B(b)(1) is
amended by inserting ``as in effect on January 1, 2007, and''
before ``determined without regard to''.
(b) Effective Date.--The amendment made by this section
shall apply to tips received for services performed after
December 31, 2006.

SEC. 8214. WAIVER OF INDIVIDUAL AND CORPORATE ALTERNATIVE
MINIMUM TAX LIMITS ON WORK OPPORTUNITY CREDIT
AND CREDIT FOR TAXES PAID WITH RESPECT TO
EMPLOYEE CASH TIPS.

(a) Allowance Against Alternative Minimum Tax.--
Subparagraph (B) of section 38(c)(4) is amended by striking
``and'' at the end of clause (i), by inserting a comma at the
end of clause (ii), and by adding at the end the following
new clauses:
``(iii) the credit determined under section 45B, and
``(iv) the credit determined under section 51.''.
(b) Effective Date.--The amendments made by this section
shall apply to credits determined under sections 45B and 51
of the Internal Revenue Code of 1986 in taxable years
beginning after December 31, 2006, and to carrybacks of such
credits.

SEC. 8215. FAMILY BUSINESS TAX SIMPLIFICATION.

(a) In General.--Section 761 (defining terms for purposes
of partnerships) is amended by redesignating subsection (f)
as subsection (g) and by inserting after subsection (e) the
following new subsection:
``(f) Qualified Joint Venture.--
``(1) In general.--In the case of a qualified joint venture
conducted by a husband and wife who file a joint return for
the taxable year, for purposes of this title--
``(A) such joint venture shall not be treated as a
partnership,
``(B) all items of income, gain, loss, deduction, and
credit shall be divided between the spouses in accordance
with their respective interests in the venture, and
``(C) each spouse shall take into account such spouse's
respective share of such items as if they were attributable
to a trade or business conducted by such spouse as a sole
proprietor.
``(2) Qualified joint venture.--For purposes of paragraph
(1), the term `qualified joint venture' means any joint
venture involving the conduct of a trade or business if--
``(A) the only members of such joint venture are a husband
and wife,
``(B) both spouses materially participate (within the
meaning of section 469(h) without regard to paragraph (5)
thereof) in such trade or business, and
``(C) both spouses elect the application of this
subsection.''.
(b) Net Earnings From Self-Employment.--
(1) Subsection (a) of section 1402 (defining net earnings
from self-employment) is

[[Page H5794]]

amended by striking ``, and'' at the end of paragraph (15)
and inserting a semicolon, by striking the period at the end
of paragraph (16) and inserting ``; and'', and by inserting
after paragraph (16) the following new paragraph:
``(17) notwithstanding the preceding provisions of this
subsection, each spouse's share of income or loss from a
qualified joint venture shall be taken into account as
provided in section 761(f) in determining net earnings from
self-employment of such spouse.''.
(2) Subsection (a) of section 211 of the Social Security
Act (defining net earnings from self-employment) is amended
by striking ``and'' at the end of paragraph (14), by striking
the period at the end of paragraph (15) and inserting ``;
and'', and by inserting after paragraph (15) the following
new paragraph:
``(16) Notwithstanding the preceding provisions of this
subsection, each spouse's share of income or loss from a
qualified joint venture shall be taken into account as
provided in section 761(f) of the Internal Revenue Code of
1986 in determining net earnings from self-employment of such
spouse.''.
(c) Effective Date.--The amendments made by this section
shall apply to taxable years beginning after December 31,
2006.

Subpart B--Gulf Opportunity Zone Tax Incentives

SEC. 8221. EXTENSION OF INCREASED EXPENSING FOR QUALIFIED
SECTION 179 GULF OPPORTUNITY ZONE PROPERTY.

Paragraph (2) of section 1400N(e) (relating to qualified
section 179 Gulf Opportunity Zone property) is amended--
(1) by striking ``this subsection, the term'' and
inserting:

``this subsection--
``(A) In general.--The term'', and
(2) by adding at the end the following new subparagraph:
``(B) Extension for certain property.--In the case of
property substantially all of the use of which is in one or
more specified portions of the GO Zone (as defined by
subsection (d)(6)), such term shall include section 179
property (as so defined) which is described in subsection
(d)(2), determined--
``(i) without regard to subsection (d)(6), and
``(ii) by substituting `2008' for `2007' in subparagraph
(A)(v) thereof.''.

SEC. 8222. EXTENSION AND EXPANSION OF LOW-INCOME HOUSING
CREDIT RULES FOR BUILDINGS IN THE GO ZONES.

(a) Time for Making Low-Income Housing Credit
Allocations.--Subsection (c) of section 1400N (relating to
low-income housing credit) is amended by redesignating
paragraph (5) as paragraph (6) and by inserting after
paragraph (4) the following new paragraph:
``(5) Time for making low-income housing credit
allocations.--Section 42(h)(1)(B) shall not apply to an
allocation of housing credit dollar amount to a building
located in the Gulf Opportunity Zone, the Rita GO Zone, or
the Wilma GO Zone, if such allocation is made in 2006, 2007,
or 2008, and such building is placed in service before
January 1, 2011.''.
(b) Extension of Period for Treating GO Zones as Difficult
Development Areas.--
(1) In general.--Subparagraph (A) of section 1400N(c)(3) is
amended by striking ``2006, 2007, or 2008'' and inserting
``the period beginning on January 1, 2006, and ending on
December 31, 2010''.
(2) Conforming amendment.--Clause (ii) of section
1400N(c)(3)(B) is amended by striking ``such period'' and
inserting ``the period described in subparagraph (A)''.
(c) Community Development Block Grants Not Taken Into
Account in Determining if Buildings Are Federally
Subsidized.--Subsection (c) of section 1400N (relating to
low-income housing credit), as amended by this Act, is
amended by redesignating paragraph (6) as paragraph (7) and
by inserting after paragraph (5) the following new paragraph:
``(6) Community development block grants not taken into
account in determining if buildings are federally
subsidized.--For purpose of applying section 42(i)(2)(D) to
any building which is placed in service in the Gulf
Opportunity Zone, the Rita GO Zone, or the Wilma GO Zone
during the period beginning on January 1, 2006, and ending on
December 31, 2010, a loan shall not be treated as a below
market Federal loan solely by reason of any assistance
provided under section 106, 107, or 108 of the Housing and
Community Development Act of 1974 by reason of section 122 of
such Act or any provision of the Department of Defense
Appropriations Act, 2006, or the Emergency Supplemental
Appropriations Act for Defense, the Global War on Terror, and
Hurricane Recovery, 2006.''.

SEC. 8223. SPECIAL TAX-EXEMPT BOND FINANCING RULE FOR REPAIRS
AND RECONSTRUCTIONS OF RESIDENCES IN THE GO
ZONES.

Subsection (a) of section 1400N (relating to tax-exempt
bond financing) is amended by adding at the end the following
new paragraph:
``(7) Special rule for repairs and reconstructions.--
``(A) In general.--For purposes of section 143 and this
subsection, any qualified GO Zone repair or reconstruction
shall be treated as a qualified rehabilitation.
``(B) Qualified go zone repair or reconstruction.--For
purposes of subparagraph (A), the term `qualified GO Zone
repair or reconstruction' means any repair of damage caused
by Hurricane Katrina, Hurricane Rita, or Hurricane Wilma to a
building located in the Gulf Opportunity Zone, the Rita GO
Zone, or the Wilma GO Zone (or reconstruction of such
building in the case of damage constituting destruction) if
the expenditures for such repair or reconstruction are 25
percent or more of the mortgagor's adjusted basis in the
residence. For purposes of the preceding sentence, the
mortgagor's adjusted basis shall be determined as of the
completion of the repair or reconstruction or, if later, the
date on which the mortgagor acquires the residence.
``(C) Termination.--This paragraph shall apply only to
owner-financing provided after the date of the enactment of
this paragraph and before January 1, 2011.''.

SEC. 8224. GAO STUDY OF PRACTICES EMPLOYED BY STATE AND LOCAL
GOVERNMENTS IN ALLOCATING AND UTILIZING TAX
INCENTIVES PROVIDED PURSUANT TO THE GULF
OPPORTUNITY ZONE ACT OF 2005.

(a) In General.--The Comptroller General of the United
States shall conduct a study of the practices employed by
State and local governments, and subdivisions thereof, in
allocating and utilizing tax incentives provided pursuant to
the Gulf Opportunity Zone Act of 2005 and this Act.
(b) Submission of Report.--Not later than one year after
the date of the enactment of this Act, the Comptroller
General shall submit a report on the findings of the study
conducted under subsection (a) and shall include therein
recommendations (if any) relating to such findings. The
report shall be submitted to the Committee on Ways and Means
of the House of Representatives and the Committee on Finance
of the Senate.
(c) Congressional Hearings.--In the case that the report
submitted under this section includes findings of significant
fraud, waste or abuse, each Committee specified in subsection
(b) shall, within 60 days after the date the report is
submitted under subsection (b), hold a public hearing to
review such findings.

Subpart C--Subchapter S Provisions

SEC. 8231. CAPITAL GAIN OF S CORPORATION NOT TREATED AS
PASSIVE INVESTMENT INCOME.

(a) In General.--Section 1362(d)(3) is amended by striking
subparagraphs (B), (C), (D), (E), and (F) and inserting the
following new subparagraphs:
``(B) Gross receipts from the sales of certain assets.--For
purposes of this paragraph--
``(i) in the case of dispositions of capital assets (other
than stock and securities), gross receipts from such
dispositions shall be taken into account only to the extent
of the capital gain net income therefrom, and
``(ii) in the case of sales or exchanges of stock or
securities, gross receipts shall be taken into account only
to the extent of the gains therefrom.
``(C) Passive investment income defined.--
``(i) In general.--Except as otherwise provided in this
subparagraph, the term `passive investment income' means
gross receipts derived from royalties, rents, dividends,
interest, and annuities.
``(ii) Exception for interest on notes from sales of
inventory.--The term `passive investment income' shall not
include interest on any obligation acquired in the ordinary
course of the corporation's trade or business from its sale
of property described in section 1221(a)(1).
``(iii) Treatment of certain lending or finance
companies.--If the S corporation meets the requirements of
section 542(c)(6) for the taxable year, the term `passive
investment income' shall not include gross receipts for the
taxable year which are derived directly from the active and
regular conduct of a lending or finance business (as defined
in section 542(d)(1)).
``(iv) Treatment of certain dividends.--If an S corporation
holds stock in a C corporation meeting the requirements of
section 1504(a)(2), the term `passive investment income'
shall not include dividends from such C corporation to the
extent such dividends are attributable to the earnings and
profits of such C corporation derived from the active conduct
of a trade or business.
``(v) Exception for banks, etc.--In the case of a bank (as
defined in section 581) or a depository institution holding
company (as defined in section 3(w)(1) of the Federal Deposit
Insurance Act (12 U.S.C. 1813(w)(1)), the term `passive
investment income' shall not include--

``(I) interest income earned by such bank or company, or
``(II) dividends on assets required to be held by such bank
or company, including stock in the Federal Reserve Bank, the
Federal Home Loan Bank, or the Federal Agricultural Mortgage
Bank or participation certificates issued by a Federal
Intermediate Credit Bank.''.

(b) Effective Date.--The amendments made by this section
shall apply to taxable years beginning after the date of the
enactment of this Act.

SEC. 8232. TREATMENT OF BANK DIRECTOR SHARES.

(a) In General.--Section 1361 (defining S corporation) is
amended by adding at the end the following new subsection:
``(f) Restricted Bank Director Stock.--
``(1) In general.--Restricted bank director stock shall not
be taken into account as outstanding stock of the S
corporation in applying this subchapter (other than section
1368(f)).

[[Page H5795]]

``(2) Restricted bank director stock.--For purposes of this
subsection, the term `restricted bank director stock' means
stock in a bank (as defined in section 581) or a depository
institution holding company (as defined in section 3(w)(1) of
the Federal Deposit Insurance Act (12 U.S.C. 1813(w)(1)), if
such stock--
``(A) is required to be held by an individual under
applicable Federal or State law in order to permit such
individual to serve as a director, and
``(B) is subject to an agreement with such bank or company
(or a corporation which controls (within the meaning of
section 368(c)) such bank or company) pursuant to which the
holder is required to sell back such stock (at the same price
as the individual acquired such stock) upon ceasing to hold
the office of director.
``(3) Cross reference.--

``For treatment of certain distributions with respect to restricted
bank director stock, see section 1368(f).''.

(b) Distributions.--Section 1368 (relating to
distributions) is amended by adding at the end the following
new subsection:
``(f) Restricted Bank Director Stock.--If a director
receives a distribution (not in part or full payment in
exchange for stock) from an S corporation with respect to any
restricted bank director stock (as defined in section
1361(f)), the amount of such distribution--
``(1) shall be includible in gross income of the director,
and
``(2) shall be deductible by the corporation for the
taxable year of such corporation in which or with which ends
the taxable year in which such amount in included in the
gross income of the director.''.
(c) Effective Dates.--
(1) In general.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2006.
(2) Special rule for treatment as second class of stock.--
In the case of any taxable year beginning after December 31,
1996, restricted bank director stock (as defined in section
1361(f) of the Internal Revenue Code of 1986, as added by
this section) shall not be taken into account in determining
whether an S corporation has more than 1 class of stock.

SEC. 8233. SPECIAL RULE FOR BANK REQUIRED TO CHANGE FROM THE
RESERVE METHOD OF ACCOUNTING ON BECOMING S
CORPORATION.

(a) In General.--Section 1361, as amended by this Act, is
amended by adding at the end the following new subsection:
``(g) Special Rule for Bank Required To Change From the
Reserve Method of Accounting on Becoming S Corporation.--In
the case of a bank which changes from the reserve method of
accounting for bad debts described in section 585 or 593 for
its first taxable year for which an election under section
1362(a) is in effect, the bank may elect to take into account
any adjustments under section 481 by reason of such change
for the taxable year immediately preceding such first taxable
year.''.
(b) Effective Date.--The amendments made by this section
shall apply to taxable years beginning after December 31,
2006.

SEC. 8234. TREATMENT OF THE SALE OF INTEREST IN A QUALIFIED
SUBCHAPTER S SUBSIDIARY.

(a) In General.--Subparagraph (C) of section 1361(b)(3)
(relating to treatment of terminations of qualified
subchapter S subsidiary status) is amended--
(1) by striking ``For purposes of this title,'' and
inserting the following:
``(i) In general.--For purposes of this title,'', and
(2) by inserting at the end the following new clause:
``(ii) Termination by reason of sale of stock.--If the
failure to meet the requirements of subparagraph (B) is by
reason of the sale of stock of a corporation which is a
qualified subchapter S subsidiary, the sale of such stock
shall be treated as if--

``(I) the sale were a sale of an undivided interest in the
assets of such corporation (based on the percentage of the
corporation's stock sold), and
``(II) the sale were followed by an acquisition by such
corporation of all of its assets (and the assumption by such
corporation of all of its liabilities) in a transaction to
which section 351 applies.''.

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

SEC. 8235. ELIMINATION OF ALL EARNINGS AND PROFITS
ATTRIBUTABLE TO PRE-1983 YEARS FOR CERTAIN
CORPORATIONS.

In the case of a corporation which is--
(1) described in section 1311(a)(1) of the Small Business
Job Protection Act of 1996, and
(2) not described in section 1311(a)(2) of such Act,
the amount of such corporation's accumulated earnings and
profits (for the first taxable year beginning after the date
of the enactment of this Act) shall be reduced by an amount
equal to the portion (if any) of such accumulated earnings
and profits which were accumulated in any taxable year
beginning before January 1, 1983, for which such corporation
was an electing small business corporation under subchapter S
of the Internal Revenue Code of 1986.

SEC. 8236. DEDUCTIBILITY OF INTEREST EXPENSE ON INDEBTEDNESS
INCURRED BY AN ELECTING SMALL BUSINESS TRUST TO
ACQUIRE S CORPORATION STOCK.

(a) In General.--Subparagraph (C) of section 641(c)(2)
(relating to modifications) is amended by inserting after
clause (iii) the following new clause:
``(iv) Any interest expense paid or accrued on indebtedness
incurred to acquire stock in an S corporation.''.
(b) Effective Date.--The amendment made by this section
shall apply to taxable years beginning after December 31,
2006.

PART 2--REVENUE PROVISIONS

SEC. 8241. INCREASE IN AGE OF CHILDREN WHOSE UNEARNED INCOME
IS TAXED AS IF PARENT'S INCOME.

(a) In General.--Subparagraph (A) of section 1(g)(2)
(relating to child to whom subsection applies) is amended to
read as follows:
``(A) such child--
``(i) has not attained age 18 before the close of the
taxable year, or
``(ii)(I) has attained age 18 before the close of the
taxable year and meets the age requirements of section
152(c)(3) (determined without regard to subparagraph (B)
thereof), and
``(II) whose earned income (as defined in section
911(d)(2)) for such taxable year does not exceed one-half of
the amount of the individual's support (within the meaning of
section 152(c)(1)(D) after the application of section
152(f)(5) (without regard to subparagraph (A) thereof)) for
such taxable year,''.
(b) Conforming Amendment.--Subsection (g) of section 1 is
amended by striking ``Minor'' in the heading thereof.
(c) Effective Date.--The amendment made by this section
shall apply to taxable years beginning after the date of the
enactment of this Act.

SEC. 8242. SUSPENSION OF CERTAIN PENALTIES AND INTEREST.

(a) In General.--Paragraphs (1)(A) and (3)(A) of section
6404(g) are each amended by striking ``18-month period'' and
inserting ``36-month period''.
(b) Effective Date.--The amendments made by this section
shall apply to notices provided by the Secretary of the
Treasury, or his delegate, after the date which is 6 months
after the date of the enactment of this Act.

SEC. 8243. MODIFICATION OF COLLECTION DUE PROCESS PROCEDURES
FOR EMPLOYMENT TAX LIABILITIES.

(a) In General.--Section 6330(f) (relating to jeopardy and
State refund collection) is amended--
(1) by striking ``; or'' at the end of paragraph (1) and
inserting a comma,
(2) by adding ``or'' at the end of paragraph (2), and
(3) by inserting after paragraph (2) the following new
paragraph:
``(3) the Secretary has served a disqualified employment
tax levy,''.
(b) Disqualified Employment Tax Levy.--Section 6330 of such
Code (relating to notice and opportunity for hearing before
levy) is amended by adding at the end the following new
subsection:
``(h) Disqualified Employment Tax Levy.--For purposes of
subsection (f), a disqualified employment tax levy is any
levy in connection with the collection of employment taxes
for any taxable period if the person subject to the levy (or
any predecessor thereof) requested a hearing under this
section with respect to unpaid employment taxes arising in
the most recent 2-year period before the beginning of the
taxable period with respect to which the levy is served. For
purposes of the preceding sentence, the term `employment
taxes' means any taxes under chapter 21, 22, 23, or 24.''.
(c) Effective Date.--The amendments made by this section
shall apply to levies served on or after the date that is 120
days after the date of the enactment of this Act.

SEC. 8244. PERMANENT EXTENSION OF IRS USER FEES.

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

SEC. 8245. INCREASE IN PENALTY FOR BAD CHECKS AND MONEY
ORDERS.

(a) In General.--Section 6657 (relating to bad checks) is
amended--
(1) by striking ``$750'' and inserting ``$1,250'', and
(2) by striking ``$15'' and inserting ``$25''.
(b) Effective Date.--The amendments made by this section
apply to checks or money orders received after the date of
the enactment of this Act.

SEC. 8246. UNDERSTATEMENT OF TAXPAYER LIABILITY BY RETURN
PREPARERS.

(a) Application of Return Preparer Penalties to All Tax
Returns.--
(1) Definition of tax return preparer.--Paragraph (36) of
section 7701(a) (relating to income tax preparer) is
amended--
(A) by striking ``income'' each place it appears in the
heading and the text, and
(B) in subparagraph (A), by striking ``subtitle A'' each
place it appears and inserting ``this title''.
(2) Conforming amendments.--
(A)(i) Section 6060 is amended by striking ``INCOME TAX
RETURN PREPARERS'' in the heading and inserting ``TAX RETURN
PREPARERS''.
(ii) Section 6060(a) is amended--
(I) by striking ``an income tax return preparer'' each
place it appears and inserting ``a tax return preparer'',
(II) by striking ``each income tax return preparer'' and
inserting ``each tax return preparer'', and

[[Page H5796]]

(III) by striking ``another income tax return preparer''
and inserting ``another tax return preparer''.
(iii) The item relating to section 6060 in the table of
sections for subpart F of part III of subchapter A of chapter
61 is amended by striking ``income tax return preparers'' and
inserting ``tax return preparers''.
(iv) Subpart F of part III of subchapter A of chapter 61 is
amended by striking ``INCOME TAX RETURN PREPARERS'' in the
heading and inserting ``TAX RETURN PREPARERS''.
(v) The item relating to subpart F in the table of subparts
for part III of subchapter A of chapter 61 is amended by
striking ``income tax return preparers'' and inserting ``tax
return preparers''.
(B) Section 6103(k)(5) is amended--
(i) by striking ``income tax return preparer'' each place
it appears and inserting ``tax return preparer'', and
(ii) by striking ``income tax return preparers'' each place
it appears and inserting ``tax return preparers''.
(C)(i) Section 6107 is amended--
(I) by striking ``INCOME TAX RETURN PREPARER'' in the
heading and inserting ``TAX RETURN PREPARER'',
(II) by striking ``an income tax return preparer'' each
place it appears in subsections (a) and (b) and inserting ``a
tax return preparer'',
(III) by striking ``Income Tax Return Preparer'' in the
heading for subsection (b) and inserting ``Tax Return
Preparer'', and
(IV) in subsection (c), by striking ``income tax return
preparers'' and inserting ``tax return preparers''.
(ii) The item relating to section 6107 in the table of
sections for subchapter B of chapter 61 is amended by
striking ``Income tax return preparer'' and inserting ``Tax
return preparer''.
(D) Section 6109(a)(4) is amended--
(i) by striking ``an income tax return preparer'' and
inserting ``a tax return preparer'', and
(ii) by striking ``income return preparer'' in the heading
and inserting ``tax return preparer''.
(E) Section 6503(k)(4) is amended by striking ``Income tax
return preparers'' and inserting ``Tax return preparers''.
(F)(i) Section 6694 is amended--
(I) by striking ``INCOME TAX RETURN PREPARER'' in the
heading and inserting ``TAX RETURN PREPARER'',
(II) by striking ``an income tax return preparer'' each
place it appears and inserting ``a tax return preparer'',
(III) in subsection (c)(2), by striking ``the income tax
return preparer'' and inserting ``the tax return preparer'',
(IV) in subsection (e), by striking ``subtitle A'' and
inserting ``this title'', and
(V) in subsection (f), by striking ``income tax return
preparer'' and inserting ``tax return preparer''.
(ii) The item relating to section 6694 in the table of
sections for part I of subchapter B of chapter 68 is amended
by striking ``income tax return preparer'' and inserting
``tax return preparer''.
(G)(i) Section 6695 is amended--
(I) by striking ``INCOME'' in the heading, and
(II) by striking ``an income tax return preparer'' each
place it appears and inserting ``a tax return preparer''.
(ii) Section 6695(f) is amended--
(I) by striking ``subtitle A'' and inserting ``this
title'', and
(II) by striking ``the income tax return preparer'' and
inserting ``the tax return preparer''.
(iii) The item relating to section 6695 in the table of
sections for part I of subchapter B of chapter 68 is amended
by striking ``income''.
(H) Section 6696(e) is amended by striking ``subtitle A''
each place it appears and inserting ``this title''.
(I)(i) Section 7407 is amended--
(I) by striking ``INCOME TAX RETURN PREPARERS'' in the
heading and inserting ``TAX RETURN PREPARERS'',
(II) by striking ``an income tax return preparer'' each
place it appears and inserting ``a tax return preparer'',
(III) by striking ``income tax preparer'' both places it
appears in subsection (a) and inserting ``tax return
preparer'', and
(IV) by striking ``income tax return'' in subsection (a)
and inserting ``tax return''.
(ii) The item relating to section 7407 in the table of
sections for subchapter A of chapter 76 is amended by
striking ``income tax return preparers'' and inserting ``tax
return preparers''.
(J)(i) Section 7427 is amended--
(I) by striking ``INCOME TAX RETURN PREPARERS'' in the
heading and inserting ``TAX RETURN PREPARERS'', and
(II) by striking ``an income tax return preparer'' and
inserting ``a tax return preparer''.
(ii) The item relating to section 7427 in the table of
sections for subchapter B of chapter 76 is amended to read as
follows:

``Sec. 7427. Tax return preparers.''

(b) Modification of Penalty for Understatement of
Taxpayer's Liability by Tax Return Preparer.--Subsections (a)
and (b) of section 6694 are amended to read as follows:
``(a) Understatement Due to Unreasonable Positions.--
``(1) In general.--Any tax return preparer who prepares any
return or claim for refund with respect to which any part of
an understatement of liability is due to a position described
in paragraph (2) shall pay a penalty with respect to each
such return or claim in an amount equal to the greater of--
``(A) $1,000, or
``(B) 50 percent of the income derived (or to be derived)
by the tax return preparer with respect to the return or
claim.
``(2) Unreasonable position.--A position is described in
this paragraph if--
``(A) the tax return preparer knew (or reasonably should
have known) of the position,
``(B) there was not a reasonable belief that the position
would more likely than not be sustained on its merits, and
``(C)(i) the position was not disclosed as provided in
section 6662(d)(2)(B)(ii), or
``(ii) there was no reasonable basis for the position.
``(3) Reasonable cause exception.--No penalty shall be
imposed under this subsection if it is shown that there is
reasonable cause for the understatement and the tax return
preparer acted in good faith.
``(b) Understatement Due to Willful or Reckless Conduct.--
``(1) In general.--Any tax return preparer who prepares any
return or claim for refund with respect to which any part of
an understatement of liability is due to a conduct described
in paragraph (2) shall pay a penalty with respect to each
such return or claim in an amount equal to the greater of--
``(A) $5,000, or
``(B) 50 percent of the income derived (or to be derived)
by the tax return preparer with respect to the return or
claim.
``(2) Willful or reckless conduct.--Conduct described in
this paragraph is conduct by the tax return preparer which
is--
``(A) a willful attempt in any manner to understate the
liability for tax on the return or claim, or
``(B) a reckless or intentional disregard of rules or
regulations.
``(3) Reduction in penalty.--The amount of any penalty
payable by any person by reason of this subsection for any
return or claim for refund shall be reduced by the amount of
the penalty paid by such person by reason of subsection
(a).''.
(c) Effective Date.--The amendments made by this section
shall apply to returns prepared after the date of the
enactment of this Act.

SEC. 8247. PENALTY FOR FILING ERRONEOUS REFUND CLAIMS.

(a) In General.--Part I of subchapter B of chapter 68
(relating to assessable penalties) is amended by inserting
after section 6675 the following new section:

``SEC. 6676. ERRONEOUS CLAIM FOR REFUND OR CREDIT.

``(a) Civil Penalty.--If a claim for refund or credit with
respect to income tax (other than a claim for a refund or
credit relating to the earned income credit under section 32)
is made for an excessive amount, unless it is shown that the
claim for such excessive amount has a reasonable basis, the
person making such claim shall be liable for a penalty in an
amount equal to 20 percent of the excessive amount.
``(b) Excessive Amount.--For purposes of this section, the
term `excessive amount' means in the case of any person the
amount by which the amount of the claim for refund or credit
for any taxable year exceeds the amount of such claim
allowable under this title for such taxable year.
``(c) Coordination With Other Penalties.--This section
shall not apply to any portion of the excessive amount of a
claim for refund or credit which is subject to a penalty
imposed under part II of subchapter A of chapter 68.''.
(b) Conforming Amendment.--The table of sections for part I
of subchapter B of chapter 68 is amended by inserting after
the item relating to section 6675 the following new item:

``Sec. 6676. Erroneous claim for refund or credit.''.

(c) Effective Date.--The amendments made by this section
shall apply to any claim filed or submitted after the date of
the enactment of this Act.

SEC. 8248. TIME FOR PAYMENT OF CORPORATE ESTIMATED TAXES.

Subparagraph (B) of section 401(1) of the Tax Increase
Prevention and Reconciliation Act of 2005 is amended by
striking ``106.25 percent'' and inserting ``114.25 percent''.

Subtitle C--Small Business Incentives

SEC. 8301. SHORT TITLE.

This subtitle may be cited as the ``Small Business and Work
Opportunity Act of 2007''.

SEC. 8302. ENHANCED COMPLIANCE ASSISTANCE FOR SMALL
BUSINESSES.

(a) In General.--Section 212 of the Small Business
Regulatory Enforcement Fairness Act of 1996 (5 U.S.C. 601
note) is amended by striking subsection (a) and inserting the
following:
``(a) Compliance Guide.--
``(1) In general.--For each rule or group of related rules
for which an agency is required to prepare a final regulatory
flexibility analysis under section 605(b) of title 5, United
States Code, the agency shall publish 1 or more guides to
assist small entities in complying with the rule and shall
entitle such publications `small entity compliance guides'.
``(2) Publication of guides.--The publication of each guide
under this subsection shall include--
``(A) the posting of the guide in an easily identified
location on the website of the agency; and
``(B) distribution of the guide to known industry contacts,
such as small entities, associations, or industry leaders
affected by the rule.

[[Page H5797]]

``(3) Publication date.--An agency shall publish each guide
(including the posting and distribution of the guide as
described under paragraph (2))--
``(A) on the same date as the date of publication of the
final rule (or as soon as possible after that date); and
``(B) not later than the date on which the requirements of
that rule become effective.
``(4) Compliance actions.--
``(A) In general.--Each guide shall explain the actions a
small entity is required to take to comply with a rule.
``(B) Explanation.--The explanation under subparagraph
(A)--
``(i) shall include a description of actions needed to meet
the requirements of a rule, to enable a small entity to know
when such requirements are met; and
``(ii) if determined appropriate by the agency, may include
a description of possible procedures, such as conducting
tests, that may assist a small entity in meeting such
requirements, except that, compliance with any procedures
described pursuant to this section does not establish
compliance with the rule, or establish a presumption or
inference of such compliance.
``(C) Procedures.--Procedures described under subparagraph
(B)(ii)--
``(i) shall be suggestions to assist small entities; and
``(ii) shall not be additional requirements, or diminish
requirements, relating to the rule.
``(5) Agency preparation of guides.--The agency shall, in
its sole discretion, taking into account the subject matter
of the rule and the language of relevant statutes, ensure
that the guide is written using sufficiently plain language
likely to be understood by affected small entities. Agencies
may prepare separate guides covering groups or classes of
similarly affected small entities and may cooperate with
associations of small entities to develop and distribute such
guides. An agency may prepare guides and apply this section
with respect to a rule or a group of related rules.
``(6) Reporting.--Not later than 1 year after the date of
enactment of the Fair Minimum Wage Act of 2007, and annually
thereafter, the head of each agency shall submit a report to
the Committee on Small Business and Entrepreneurship of the
Senate, the Committee on Small Business of the House of
Representatives, and any other committee of relevant
jurisdiction describing the status of the agency's compliance
with paragraphs (1) through (5).''.
(b) Technical and Conforming Amendment.--Section 211(3) of
the Small Business Regulatory Enforcement Fairness Act of
1996 (5 U.S.C. 601 note) is amended by inserting ``and
entitled'' after ``designated''.

SEC. 8303. SMALL BUSINESS CHILD CARE GRANT PROGRAM.

(a) Establishment.--The Secretary of Health and Human
Services (referred to in this section as the ``Secretary'')
shall establish a program to award grants to States, on a
competitive basis, to assist States in providing funds to
encourage the establishment and operation of employer-
operated child care programs.
(b) Application.--To be eligible to receive a grant under
this section, a State shall prepare and submit to the
Secretary an application at such time, in such manner, and
containing such information as the Secretary may require,
including an assurance that the funds required under
subsection (e) will be provided.
(c) Amount and Period of Grant.--The Secretary shall
determine the amount of a grant to a State under this section
based on the population of the State as compared to the
population of all States receiving grants under this section.
The Secretary shall make the grant for a period of 3 years.
(d) Use of Funds.--
(1) In general.--A State shall use amounts provided under a
grant awarded under this section to provide assistance to
small businesses (or consortia formed in accordance with
paragraph (3)) located in the State to enable the small
businesses (or consortia) to establish and operate child care
programs. Such assistance may include--
(A) technical assistance in the establishment of a child
care program;
(B) assistance for the startup costs related to a child
care program;
(C) assistance for the training of child care providers;
(D) scholarships for low-income wage earners;
(E) the provision of services to care for sick children or
to provide care to school-aged children;
(F) the entering into of contracts with local resource and
referral organizations or local health departments;
(G) assistance for care for children with disabilities;
(H) payment of expenses for renovation or operation of a
child care facility; or
(I) assistance for any other activity determined
appropriate by the State.
(2) Application.--In order for a small business or
consortium to be eligible to receive assistance from a State
under this section, the small business involved shall prepare
and submit to the State an application at such time, in such
manner, and containing such information as the State may
require.
(3) Preference.--
(A) In general.--In providing assistance under this
section, a State shall give priority to an applicant that
desires to form a consortium to provide child care in a
geographic area within the State where such care is not
generally available or accessible.
(B) Consortium.--For purposes of subparagraph (A), a
consortium shall be made up of 2 or more entities that shall
include small businesses and that may include large
businesses, nonprofit agencies or organizations, local
governments, or other appropriate entities.
(4) Limitations.--With respect to grant funds received
under this section, a State may not provide in excess of
$500,000 in assistance from such funds to any single
applicant.
(e) Matching Requirement.--To be eligible to receive a
grant under this section, a State shall provide assurances to
the Secretary that, with respect to the costs to be incurred
by a covered entity receiving assistance in carrying out
activities under this section, the covered entity will make
available (directly or through donations from public or
private entities) non-Federal contributions to such costs in
an amount equal to--
(1) for the first fiscal year in which the covered entity
receives such assistance, not less than 50 percent of such
costs ($1 for each $1 of assistance provided to the covered
entity under the grant);
(2) for the second fiscal year in which the covered entity
receives such assistance, not less than 66\2/3\ percent of
such costs ($2 for each $1 of assistance provided to the
covered entity under the grant); and
(3) for the third fiscal year in which the covered entity
receives such assistance, not less than 75 percent of such
costs ($3 for each $1 of assistance provided to the covered
entity under the grant).
(f) Requirements of Providers.--To be eligible to receive
assistance under a grant awarded under this section, a child
care provider--
(1) who receives assistance from a State shall comply with
all applicable State and local licensing and regulatory
requirements and all applicable health and safety standards
in effect in the State; and
(2) who receives assistance from an Indian tribe or tribal
organization shall comply with all applicable regulatory
standards.
(g) State-Level Activities.--A State may not retain more
than 3 percent of the amount described in subsection (c) for
State administration and other State-level activities.
(h) Administration.--
(1) State responsibility.--A State shall have
responsibility for administering a grant awarded for the
State under this section and for monitoring covered entities
that receive assistance under such grant.
(2) Audits.--A State shall require each covered entity
receiving assistance under the grant awarded under this
section to conduct an annual audit with respect to the
activities of the covered entity. Such audits shall be
submitted to the State.
(3) Misuse of funds.--
(A) Repayment.--If the State determines, through an audit
or otherwise, that a covered entity receiving assistance
under a grant awarded under this section has misused the
assistance, the State shall notify the Secretary of the
misuse. The Secretary, upon such a notification, may seek
from such a covered entity the repayment of an amount equal
to the amount of any such misused assistance plus interest.
(B) Appeals process.--The Secretary shall by regulation
provide for an appeals process with respect to repayments
under this paragraph.
(i) Reporting Requirements.--
(1) 2-year study.--
(A) In general.--Not later than 2 years after the date on
which the Secretary first awards grants under this section,
the Secretary shall conduct a study to determine--
(i) the capacity of covered entities to meet the child care
needs of communities within States;
(ii) the kinds of consortia that are being formed with
respect to child care at the local level to carry out
programs funded under this section; and
(iii) who is using the programs funded under this section
and the income levels of such individuals.
(B) Report.--Not later than 28 months after the date on
which the Secretary first awards grants under this section,
the Secretary shall prepare and submit to the appropriate
committees of Congress a report on the results of the study
conducted in accordance with subparagraph (A).
(2) 4-year study.--
(A) In general.--Not later than 4 years after the date on
which the Secretary first awards grants under this section,
the Secretary shall conduct a study to determine the number
of child care facilities that are funded through covered
entities that received assistance through a grant awarded
under this section and that remain in operation, and the
extent to which such facilities are meeting the child care
needs of the individuals served by such facilities.
(B) Report.--Not later than 52 months after the date on
which the Secretary first awards grants under this section,
the Secretary shall prepare and submit to the appropriate
committees of Congress a report on the results of the study
conducted in accordance with subparagraph (A).
(j) Definitions.--In this section:
(1) Covered entity.--The term ``covered entity'' means a
small business or a consortium formed in accordance with
subsection (d)(3).
(2) Indian community.--The term ``Indian community'' means
a community served by an Indian tribe or tribal organization.

[[Page H5798]]

(3) Indian tribe; tribal organization.--The terms ``Indian
tribe'' and ``tribal organization'' have the meanings given
the terms in section 658P of the Child Care and Development
Block Grant Act of 1990 (42 U.S.C. 9858n).
(4) Small business.--The term ``small business'' means an
employer who employed an average of at least 2 but not more
than 50 employees on the business days during the preceding
calendar year.
(5) State.--The term ``State'' has the meaning given the
term in section 658P of the Child Care and Development Block
Grant Act of 1990 (42 U.S.C. 9858n).
(k) Application to Indian Tribes and Tribal
Organizations.--In this section:
(1) In general.--Except as provided in subsection (f)(1),
and in paragraphs (2) and (3), the term ``State'' includes an
Indian tribe or tribal organization.
(2) Geographic references.--The term ``State'' includes an
Indian community in subsections (c) (the second and third
place the term appears), (d)(1) (the second place the term
appears), (d)(3)(A) (the second place the term appears), and
(i)(1)(A)(i).
(3) State-level activities.--The term ``State-level
activities'' includes activities at the tribal level.
(l) Authorization of Appropriations.--
(1) In general.--There is authorized to be appropriated to
carry out this section, $50,000,000 for the period of fiscal
years 2008 through 2012.
(2) Studies and administration.--With respect to the total
amount appropriated for such period in accordance with this
subsection, not more than $2,500,000 of that amount may be
used for expenditures related to conducting studies required
under, and the administration of, this section.
(m) Termination of Program.--The program established under
subsection (a) shall terminate on September 30, 2012.

SEC. 8304. STUDY OF UNIVERSAL USE OF ADVANCE PAYMENT OF
EARNED INCOME CREDIT.

Not later than 180 days after the date of the enactment of
this Act, the Secretary of the Treasury shall report to
Congress on a study of the benefits, costs, risks, and
barriers to workers and to businesses (with a special
emphasis on small businesses) if the advance earned income
tax credit program (under section 3507 of the Internal
Revenue Code of 1986) included all recipients of the earned
income tax credit (under section 32 of such Code) and what
steps would be necessary to implement such inclusion.

SEC. 8305. RENEWAL GRANTS FOR WOMEN'S BUSINESS CENTERS.

(a) In General.--Section 29 of the Small Business Act (15
U.S.C. 656) is amended by adding at the end the following:
``(m) Continued Funding for Centers.--
``(1) In general.--A nonprofit organization described in
paragraph (2) shall be eligible to receive, subject to
paragraph (3), a 3-year grant under this subsection.
``(2) Applicability.--A nonprofit organization described in
this paragraph is a nonprofit organization that has received
funding under subsection (b) or (l).
``(3) Application and approval criteria.--
``(A) Criteria.--Subject to subparagraph (B), the
Administrator shall develop and publish criteria for the
consideration and approval of applications by nonprofit
organizations under this subsection.
``(B) Contents.--Except as otherwise provided in this
subsection, the conditions for participation in the grant
program under this subsection shall be the same as the
conditions for participation in the program under subsection
(l), as in effect on the date of enactment of this Act.
``(C) Notification.--Not later than 60 days after the date
of the deadline to submit applications for each fiscal year,
the Administrator shall approve or deny any application under
this subsection and notify the applicant for each such
application.
``(4) Award of grants.--
``(A) In general.--Subject to the availability of
appropriations, the Administrator shall make a grant for the
Federal share of the cost of activities described in the
application to each applicant approved under this subsection.
``(B) Amount.--A grant under this subsection shall be for
not more than $150,000, for each year of that grant.
``(C) Federal share.--The Federal share under this
subsection shall be not more than 50 percent.
``(D) Priority.--In allocating funds made available for
grants under this section, the Administrator shall give
applications under this subsection or subsection (l) priority
over first-time applications under subsection (b).
``(5) Renewal.--
``(A) In general.--The Administrator may renew a grant
under this subsection for additional 3-year periods, if the
nonprofit organization submits an application for such
renewal at such time, in such manner, and accompanied by such
information as the Administrator may establish.
``(B) Unlimited renewals.--There shall be no limitation on
the number of times a grant may be renewed under subparagraph
(A).
``(n) Privacy Requirements.--
``(1) In general.--A women's business center may not
disclose the name, address, or telephone number of any
individual or small business concern receiving assistance
under this section without the consent of such individual or
small business concern, unless--
``(A) the Administrator is ordered to make such a
disclosure by a court in any civil or criminal enforcement
action initiated by a Federal or State agency; or
``(B) the Administrator considers such a disclosure to be
necessary for the purpose of conducting a financial audit of
a women's business center, but a disclosure under this
subparagraph shall be limited to the information necessary
for such audit.
``(2) Administration use of information.--This subsection
shall not--
``(A) restrict Administration access to program activity
data; or
``(B) prevent the Administration from using client
information (other than the information described in
subparagraph (A)) to conduct client surveys.
``(3) Regulations.--The Administrator shall issue
regulations to establish standards for requiring disclosures
during a financial audit under paragraph (1)(B).''.
(b) Repeal.--Section 29(l) of the Small Business Act (15
U.S.C. 656(l)) is repealed effective October 1 of the first
full fiscal year after the date of enactment of this Act.
(c) Transitional Rule.--Notwithstanding any other provision
of law, a grant or cooperative agreement that was awarded
under subsection (l) of section 29 of the Small Business Act
(15 U.S.C. 656), on or before the day before the date
described in subsection (b) of this section, shall remain in
full force and effect under the terms, and for the duration,
of such grant or agreement.

SEC. 8306. REPORTS ON ACQUISITIONS OF ARTICLES, MATERIALS,
AND SUPPLIES MANUFACTURED OUTSIDE THE UNITED
STATES.

Section 2 of the Buy American Act (41 U.S.C. 10a) is
amended--
(1) by striking ``Notwithstanding'' and inserting the
following:
``(a) In General.--Notwithstanding''; and
(2) by adding at the end the following:
``(b) Reports.--
``(1) In general.--Not later than 180 days after the end of
each of fiscal years 2007 through 2011, the head of each
Federal agency shall submit to the Committee on Homeland
Security and Governmental Affairs of the Senate and the
Committee on Oversight and Government Reform of the House of
Representatives a report on the amount of the acquisitions
made by the agency in that fiscal year of articles,
materials, or supplies purchased from entities that
manufacture the articles, materials, or supplies outside of
the United States.
``(2) Contents of report.--The report required by paragraph
(1) shall separately include, for the fiscal year covered by
such report--
``(A) the dollar value of any articles, materials, or
supplies that were manufactured outside the United States;
``(B) an itemized list of all waivers granted with respect
to such articles, materials, or supplies under this Act, and
a citation to the treaty, international agreement, or other
law under which each waiver was granted;
``(C) if any articles, materials, or supplies were acquired
from entities that manufacture articles, materials, or
supplies outside the United States, the specific exception
under this section that was used to purchase such articles,
materials, or supplies; and
``(D) a summary of--
``(i) the total procurement funds expended on articles,
materials, and supplies manufactured inside the United
States; and
``(ii) the total procurement funds expended on articles,
materials, and supplies manufactured outside the United
States.
``(3) Public availability.--The head of each Federal agency
submitting a report under paragraph (1) shall make the report
publicly available to the maximum extent practicable.
``(4) Exception for intelligence community.--This
subsection shall not apply to acquisitions made by an agency,
or component thereof, that is an element of the intelligence
community as specified in, or designated under, section 3(4)
of the National Security Act of 1947 (50 U.S.C. 401a(4)).''.

TITLE IX--AGRICULTURAL ASSISTANCE

SEC. 9001. CROP DISASTER ASSISTANCE.

(a) Assistance Available.--There are hereby appropriated to
the Secretary of Agriculture such sums as are necessary, to
remain available until expended, to make emergency financial
assistance available to producers on a farm that incurred
qualifying quantity or quality losses for the 2005, 2006, or
2007 crop, due to damaging weather or any related condition
(including losses due to crop diseases, insects, and delayed
planting), as determined by the Secretary. However, to be
eligible for assistance, the crop subject to the loss must
have been planted before February 28, 2007, or, in the case
of prevented planting or other total loss, would have been
planted before February 28, 2007, in the absence of the
damaging weather or any related condition.
(b) Election of Crop Year.--If a producer incurred
qualifying crop losses in more than one of the 2005, 2006, or
2007 crop years, the producer shall elect to receive
assistance under this section for losses incurred in only one
of such crop years. The producer may not receive assistance
under this section for more than one crop year.
(c) Administration.--
(1) In general.--Except as provided in paragraph (2), the
Secretary of Agriculture shall make assistance available
under this section in the same manner as provided under
section 815 of the Agriculture, Rural Development, Food and
Drug Administration and Related Agencies Appropriations Act,
2001 (Public Law 106-387; 114 Stat. 1549A-55), including
using the same loss thresholds for quantity and economic
losses as were used in

[[Page H5799]]

administering that section, except that the payment rate
shall be 42 percent of the established price, instead of 65
percent.
(2) Loss thresholds for quality losses.--In the case of a
payment for quality loss for a crop under subsection (a), the
loss thresholds for quality loss for the crop shall be
determined under subsection (d).
(d) Quality Losses.--
(1) In general.--Subject to paragraph (3), the amount of a
payment made to producers on a farm for a quality loss for a
crop under subsection (a) shall be equal to the amount
obtained by multiplying--
(A) 65 percent of the payment quantity determined under
paragraph (2); by
(B) 42 percent of the payment rate determined under
paragraph (3).
(2) Payment quantity.--For the purpose of paragraph (1)(A),
the payment quantity for quality losses for a crop of a
commodity on a farm shall equal the lesser of--
(A) the actual production of the crop affected by a quality
loss of the commodity on the farm; or
(B) the quantity of expected production of the crop
affected by a quality loss of the commodity on the farm,
using the formula used by the Secretary of Agriculture to
determine quantity losses for the crop of the commodity under
subsection (a).
(3) Payment rate.--For the purpose of paragraph (1)(B) and
in accordance with paragraphs (5) and (6), the payment rate
for quality losses for a crop of a commodity on a farm shall
be equal to the difference between--
(A) the per unit market value that the units of the crop
affected by the quality loss would have had if the crop had
not suffered a quality loss; and
(B) the per unit market value of the units of the crop
affected by the quality loss.
(4) Eligibility.--For producers on a farm to be eligible to
obtain a payment for a quality loss for a crop under
subsection (a), the amount obtained by multiplying the per
unit loss determined under paragraph (1) by the number of
units affected by the quality loss shall be at least 25
percent of the value that all affected production of the crop
would have had if the crop had not suffered a quality loss.
(5) Marketing contracts.--In the case of any production of
a commodity that is sold pursuant to one or more marketing
contracts (regardless of whether the contract is entered into
by the producers on the farm before or after harvest) and for
which appropriate documentation exists, the quantity
designated in the contracts shall be eligible for quality
loss assistance based on the one or more prices specified in
the contracts.
(6) Other production.--For any additional production of a
commodity for which a marketing contract does not exist or
for which production continues to be owned by the producer,
quality losses shall be based on the average local market
discounts for reduced quality, as determined by the
appropriate State committee of the Farm Service Agency.
(7) Quality adjustments and discounts.--The appropriate
State committee of the Farm Service Agency shall identify the
appropriate quality adjustment and discount factors to be
considered in carrying out this subsection, including--
(A) the average local discounts actually applied to a crop;
and
(B) the discount schedules applied to loans made by the
Farm Service Agency or crop insurance coverage under the
Federal Crop Insurance Act (7 U.S.C. 1501 et seq.).
(8) Eligible production.--The Secretary of Agriculture
shall carry out this subsection in a fair and equitable
manner for all eligible production, including the production
of fruits and vegetables, other specialty crops, and field
crops.
(e) Payment Limitations.--
(1) Limit on amount of assistance.--Assistance provided
under this section to a producer for losses to a crop,
together with the amounts specified in paragraph (2)
applicable to the same crop, may not exceed 95 percent of
what the value of the crop would have been in the absence of
the losses, as estimated by the Secretary of Agriculture.
(2) Other payments.--In applying the limitation in
paragraph (1), the Secretary shall include the following:
(A) Any crop insurance payment made under the Federal Crop
Insurance Act (7 U.S.C. 1501 et seq.) or payment under
section 196 of the Federal Agriculture Improvement and Reform
Act of 1996 (7 U.S.C. 7333) that the producer receives for
losses to the same crop.
(B) The value of the crop that was not lost (if any), as
estimated by the Secretary.
(f) Eligibility Requirements and Limitations.--The
producers on a farm shall not be eligible for assistance
under this section with respect to losses to an insurable
commodity or noninsurable commodity if the producers on the
farm--
(1) in the case of an insurable commodity, did not obtain a
policy or plan of insurance for the insurable commodity under
the Federal Crop Insurance Act (7 U.S.C. 1501 et seq.) for
the crop incurring the losses;
(2) in the case of a noninsurable commodity, did not file
the required paperwork, and pay the administrative fee by the
applicable State filing deadline, for the noninsurable
commodity under section 196 of the Federal Agriculture
Improvement and Reform Act of 1996 (7 U.S.C. 7333) for the
crop incurring the losses; or
(3) were not in compliance with highly erodible land
conservation and wetland conservation provisions.
(g) Timing.--
(1) In general.--Subject to paragraph (2), the Secretary of
Agriculture shall make payments to producers on a farm for a
crop under this section not later than 60 days after the date
the producers on the farm submit to the Secretary a completed
application for the payments.
(2) Interest.--If the Secretary does not make payments to
the producers on a farm by the date described in paragraph
(1), the Secretary shall pay to the producers on a farm
interest on the payments at a rate equal to the current (as
of the sign-up deadline established by the Secretary) market
yield on outstanding, marketable obligations of the United
States with maturities of 30 years.
(h) Definitions.--In this section:
(1) Insurable commodity.--The term ``insurable commodity''
means an agricultural commodity (excluding livestock) for
which the producers on a farm are eligible to obtain a policy
or plan of insurance under the Federal Crop Insurance Act (7
U.S.C. 1501 et seq.).
(2) Noninsurable commodity.--The term ``noninsurable
commodity'' means a crop for which the producers on a farm
are eligible to obtain assistance under section 196 of the
Federal Agriculture Improvement and Reform Act of 1996 (7
U.S.C. 7333).

SEC. 9002. LIVESTOCK ASSISTANCE.

(a) Livestock Compensation Program.--
(1) Availability of assistance.--There are hereby
appropriated to the Secretary of Agriculture such sums as are
necessary, to remain available until expended, to carry out
the livestock compensation program established under subpart
B of part 1416 of title 7, Code of Federal Regulations, as
announced by the Secretary on February 12, 2007 (72 Fed. Reg.
6443), to provide compensation for livestock losses between
January 1, 2005 and February 28, 2007, due to a disaster, as
determined by the Secretary (including losses due to
blizzards that started in 2006 and continued into January
2007). However, the payment rate for compensation under this
subsection shall be 61 percent of the payment rate otherwise
applicable under such program. In addition, section
1416.102(b)(2)(ii) of title 7, Code of Federal Regulations
(72 Fed. Reg. 6444) shall not apply.
(2) Eligible applicants.--In carrying out the program
described in paragraph (1), the Secretary shall provide
assistance to any applicant that--
(A) conducts a livestock operation that is located in a
disaster county with eligible livestock specified in
paragraph (1) of section 1416.102(a) of title 7, Code of
Federal Regulations (72 Fed. Reg. 6444), an animal described
in section 10806(a)(1) of the Farm Security and Rural
Investment Act of 2002 (21 U.S.C. 321d(a)(1)), or other
animals designated by the Secretary as livestock for purposes
of this subsection; and
(B) meets the requirements of paragraphs (3) and (4) of
section 1416.102(a) of title 7, Code of Federal Regulations,
and all other eligibility requirements established by the
Secretary for the program.
(3) Election of losses.--
(A) If a producer incurred eligible livestock losses in
more than one of the 2005, 2006, or 2007 calendar years, the
producer shall elect to receive payments under this
subsection for losses incurred in only one of such calendar
years, and such losses must have been incurred in a county
declared or designated as a disaster county in that same
calendar year.
(B) Producers may elect to receive compensation for losses
in the calendar year 2007 grazing season that are
attributable to wildfires occurring during the applicable
period, as determined by the Secretary.
(4) Mitigation.--In determining the eligibility for or
amount of payments for which a producer is eligible under the
livestock compensation program, the Secretary shall not
penalize a producer that takes actions (recognizing disaster
conditions) that reduce the average number of livestock the
producer owned for grazing during the production year for
which assistance is being provided.
(5) Definitions.--In this subsection:
(A) Disaster county.--The term ``disaster county'' means--
(i) a county included in the geographic area covered by a
natural disaster declaration; and
(ii) each county contiguous to a county described in clause
(i).
(B) Natural disaster declaration.--The term ``natural
disaster declaration'' means--
(i) a natural disaster declared by the Secretary between
January 1, 2005 and February 28, 2007, under section 321(a)
of the Consolidated Farm and Rural Development Act (7 U.S.C.
1961(a));
(ii) a major disaster or emergency designated by the
President between January 1, 2005 and February 28, 2007,
under the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5121 et seq.); or
(iii) a determination of a Farm Service Agency
Administrator's Physical Loss Notice if such notice applies
to a county included under (ii).
(b) Livestock Indemnity Payments.--
(1) Availability of assistance.--There are hereby
appropriated to the Secretary of Agriculture such sums as are
necessary, to remain available until expended, to make
livestock indemnity payments to producers on farms that have
incurred livestock losses between January 1, 2005 and
February 28, 2007,

[[Page H5800]]

due to a disaster, as determined by the Secretary (including
losses due to blizzards that started in 2006 and continued
into January 2007) in a disaster county. To be eligible for
assistance, applicants must meet all eligibility requirements
established by the Secretary for the program.
(2) Election of losses.--If a producer incurred eligible
livestock losses in more than one of the 2005, 2006, or 2007
calendar years, the producer shall elect to receive payments
under this subsection for losses incurred in only one of such
calendar years. The producer may not receive payments under
this subsection for more than one calendar year.
(3) Payment rates.--Indemnity payments to a producer on a
farm under paragraph (1) shall be made at a rate of not less
than 26 percent of the market value of the applicable
livestock on the day before the date of death of the
livestock, as determined by the Secretary.
(4) Livestock defined.--In this subsection, the term
``livestock'' means an animal that--
(A) is specified in clause (i) of section 1416.203(a)(2) of
title 7, Code of Federal Regulations (72 Fed. Reg. 6445), or
is designated by the Secretary as livestock for purposes of
this subsection; and
(B) meets the requirements of clauses (iii) and (iv) of
such section.
(5) Definitions.--In this subsection:
(A) Disaster county.--The term ``disaster county'' means--
(i) a county included in the geographic area covered by a
natural disaster declaration; and
(ii) each county contiguous to a county described in clause
(i).
(B) Natural disaster declaration.--The term ``natural
disaster declaration'' means--
(i) a natural disaster declared by the Secretary between
January 1, 2005 and February 28, 2007, under section 321(a)
of the Consolidated Farm and Rural Development Act (7 U.S.C.
1961(a));
(ii) a major disaster or emergency designated by the
President between January 1, 2005 and February 28, 2007,
under the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5121 et seq.); or
(iii) a determination of a Farm Service Agency
Administrator's Physical Loss Notice if such notice applies
to a county included under (ii).

SEC. 9003. EMERGENCY CONSERVATION PROGRAM.

There is hereby appropriated to the Secretary of
Agriculture $16,000,000, to remain available until expended,
to provide assistance under the Emergency Conservation
Program under title IV of the Agriculture Credit Act of 1978
(16 U.S.C. 2201 et seq.) for the cleanup and restoration of
farm and agricultural production lands.

SEC. 9004. PAYMENT LIMITATIONS.

(a) Reduction in Payments to Reflect Payments for Same or
Similar Losses.--The amount of any payment for which a
producer is eligible under sections 9001 and 9002 shall be
reduced by any amount received by the producer for the same
loss or any similar loss under--
(1) the Department of Defense, Emergency Supplemental
Appropriations to Address Hurricanes in the Gulf of Mexico,
and Pandemic Influenza Act, 2006 (Public Law 109-148; 119
Stat. 2680);
(2) an agricultural disaster assistance provision contained
in the announcement of the Secretary on January 26, 2006 or
August 29, 2006; or
(3) the Emergency Supplemental Appropriations Act for
Defense, the Global War on Terror, and Hurricane Recovery,
2006 (Public Law 109-234; 120 Stat. 418).
(b) Adjusted Gross Income Limitation.--Section 1001D of the
Food Security Act of 1985 (7 U.S.C. 1308-3a) shall apply with
respect to assistance provided under sections 9001, 9002, and
9003.

SEC. 9005. ADMINISTRATION.

(a) Regulations.--The Secretary of Agriculture may
promulgate such regulations as are necessary to implement
sections 9001 and 9002.
(b) Procedure.--The promulgation of the implementing
regulations and the administration of sections 9001 and 9002
shall be made without regard to--
(1) the notice and comment provisions of section 553 of
title 5, United States Code;
(2) the Statement of Policy of the Secretary of Agriculture
effective July 24, 1971 (36 Fed. Reg. 13804), relating to
notices of proposed rulemaking and public participation in
rulemaking; and
(3) chapter 35 of title 44, United States Code (commonly
known as the ``Paperwork Reduction Act'').
(c) Congressional Review of Agency Rulemaking.--In carrying
out this section, the Secretary of Agriculture shall use the
authority provided under section 808 of title 5, United
States Code.
(d) Use of Commodity Credit Corporation; Limitation.--In
implementing sections 9001 and 9002, the Secretary of
Agriculture may use the facilities, services, and authorities
of the Commodity Credit Corporation. The Corporation shall
not make any expenditures to carry out sections 9001 and 9002
unless funds have been specifically appropriated for such
purpose.

SEC. 9006. MILK INCOME LOSS CONTRACT PROGRAM.

(a) Section 1502(c)(3) of the Farm Security and Rural
Investment Act of 2002 (7 U.S.C. 7982(c)(3)) is amended--
(1) in subparagraph (A), by adding ``and'' at the end;
(2) in subparagraph (B), by striking ``August'' and all
that follows through the end and inserting ``September 30,
2007, 34 percent.''; and
(3) by striking subparagraph (C).
(b) Section 10002 of this Act shall not apply to this
section except with respect to fiscal years 2007 and 2008.

SEC. 9007. DAIRY ASSISTANCE.

There is hereby appropriated $16,000,000 to make payments
to dairy producers for dairy production losses in disaster
counties, as defined in section 9002 of this title, to remain
available until expended.

SEC. 9008. NONINSURED CROP ASSISTANCE PROGRAM.

For states in which there is a shortage of claims
adjustors, as determined by the Secretary, the Secretary
shall permit the use of one claims adjustor certified by the
Secretary in carrying out 7 CFR 1437.401.

SEC. 9009. EMERGENCY GRANTS TO ASSIST LOW-INCOME MIGRANT AND
SEASONAL FARMWORKERS.

There is hereby appropriated $16,000,000 to carry out
section 2281 of the Food, Agriculture, Conservation and Trade
Act of 1990 (42 U.S.C. 5177a), to remain available until
expended.

SEC. 9010. CONSERVATION SECURITY PROGRAM.

Section 20115 of Public Law 110-5 is amended by striking
``section 726'' and inserting in lieu thereof ``section 726;
section 741''.

SEC. 9011. ADMINISTRATIVE EXPENSES.

There is hereby appropriated $22,000,000 for the ``Farm
Service Agency, Salaries and Expenses'', to remain available
until September 30, 2008.

SEC. 9012. CONTRACT WAIVER.

In carrying out crop disaster and livestock assistance in
this title, the Secretary shall require forage producers to
have participated in a crop insurance pilot program or the
Non-Insured Crop Disaster Assistance Program during the crop
year for which compensation is received.

TITLE X--GENERAL PROVISIONS

Sec. 10001. No part of any appropriation contained in this
Act shall remain available for obligation beyond the current
fiscal year unless expressly so provided herein.
Sec. 10002. Amounts in this Act (other than in titles VI
and VIII) are designated as emergency requirements and
necessary to meet emergency needs pursuant to subsections (a)
and (b) of section 204 of S. Con. Res. 21 (110th Congress),
the concurrent resolution on the budget for fiscal year 2008.
____

Amendment 2 to the Senate Amendment to H.R. 2206

In lieu of titles I and II of House amendment 1 (or, if
such amendment has not been agreed to, in lieu of the matter
proposed to be inserted by the Senate amendment), insert the
following:

TITLE I--SUPPLEMENTAL APPROPRIATIONS FOR DEFENSE, INTERNATIONAL
AFFAIRS, AND OTHER SECURITY-RELATED NEEDS

CHAPTER 1

DEPARTMENT OF AGRICULTURE

Foreign Agricultural Service

Public Law 480 Title II Grants

CHAPTER 2

DEPARTMENT OF JUSTICE

Legal Activities

Salaries and Expenses, General Legal Activities

For an additional amount for ``Salaries and Expenses,
General Legal Activities'', $1,648,000, to remain available
until September 30, 2008.

salaries and expenses, united states attorneys

For an additional amount for ``Salaries and Expenses,
United States Attorneys'', $5,000,000, to remain available
until September 30, 2008.

United States Marshals Service

SALARIES AND EXPENSES

For an additional amount for ``Salaries and Expenses'',
$6,450,000, to remain available until September 30, 2008.

National Security Division

Salaries and Expenses

For an additional amount for ``Salaries and Expenses'',
$1,736,000, to remain available until September 30, 2008.

Federal Bureau of Investigation

Salaries and Expenses

For an additional amount for ``Salaries and Expenses'',
$118,260,000, to remain available until September 30, 2008.

Drug Enforcement Administration

Salaries and Expenses

For an additional amount for ``Salaries and Expenses'',
$8,468,000, to remain available until September 30, 2008.

Bureau of Alcohol, Tobacco, Firearms and Explosives

Salaries and Expenses

For an additional amount for ``Salaries and Expenses'',
$4,000,000, to remain available until September 30, 2008.

[[Page H5801]]

Federal Prison System

Salaries and Expenses

For an additional amount for ``Salaries and Expenses'',
$17,000,000, to remain available until September 30, 2008.

GENERAL PROVISIONS--THIS CHAPTER

Sec. 1201. Funds provided in this Act for the ``Department
of Justice, United States Marshals Service, Salaries and
Expenses'' shall be made available according to the language
relating to such account in the joint explanatory statement
accompanying the conference report on H.R. 1591 of the 110th
Congress (H. Rept. 110-107).
Sec. 1202. Funds provided in this Act for the ``Department
of Justice, Legal Activities, Salaries and Expenses, General
Legal Activities'', shall be made available according to the
language relating to such account in the joint explanatory
statement accompanying the conference report on H.R. 1591 of
the 110th Congress (H. Rept. 110-107).

CHAPTER 3

DEPARTMENT OF DEFENSE--MILITARY

MILITARY PERSONNEL

Military Personnel, Army

For an additional amount for ``Military Personnel, Army'',
$8,510,270,000.

Military Personnel, Navy

For an additional amount for ``Military Personnel, Navy'',
$692,127,000.

Military Personnel, Marine Corps

For an additional amount for ``Military Personnel, Marine
Corps'', $1,386,871,000.

Military Personnel, Air Force

For an additional amount for ``Military Personnel, Air
Force'', $1,079,287,000.

Reserve Personnel, Army

For an additional amount for ``Reserve Personnel, Army'',
$147,244,000.

Reserve Personnel, Navy

For an additional amount for ``Reserve Personnel, Navy'',
$77,800,000.

Reserve Personnel, Air Force

For an additional amount for ``Reserve Personnel, Air
Force'', $5,500,000.

National Guard Personnel, Army

For an additional amount for ``National Guard Personnel,
Army'', $436,025,000.

National Guard Personnel, Air Force

For an additional amount for ``National Guard Personnel,
Air Force'', $24,500,000.

OPERATION AND MAINTENANCE

Operation and Maintenance, Army

For an additional amount for ``Operation and Maintenance,
Army'', $20,373,379,000.

Operation and Maintenance, Navy

(including transfer of funds)

For an additional amount for ``Operation and Maintenance,
Navy'', $4,652,670,000, of which up to $120,293,000 shall be
transferred to Coast Guard, ``Operating Expenses'', for
reimbursement for activities which support activities
requested by the Navy.

Operation and Maintenance, Marine Corps

For an additional amount for ``Operation and Maintenance,
Marine Corps'', $1,146,594,000.

Operation and Maintenance, Air Force

For an additional amount for ``Operation and Maintenance,
Air Force'', $6,650,881,000.

Operation and Maintenance, Defense-Wide

For an additional amount for ``Operation and Maintenance,
Defense-Wide'', $2,714,487,000, of which--
(1) not to exceed $25,000,000 may be used for the Combatant
Commander Initiative Fund, to be used in support of Operation
Iraqi Freedom and Operation Enduring Freedom; and
(2) not to exceed $200,000,000, to remain available until
expended, may be used for payments to reimburse Pakistan,
Jordan, and other key cooperating nations, for logistical,
military, and other support provided to United States
military operations, notwithstanding any other provision of
law: Provided, That such payments may be made in such amounts
as the Secretary of Defense, with the concurrence of the
Secretary of State, and in consultation with the Director of
the Office of Management and Budget, may determine, in his
discretion, based on documentation determined by the
Secretary of Defense to adequately account for the support
provided, and such determination is final and conclusive upon
the accounting officers of the United States, and 15 days
following notification to the appropriate congressional
committees: Provided further, That the Secretary of Defense
shall provide quarterly reports to the congressional defense
committees on the use of funds provided in this paragraph.

Operation and Maintenance, Army Reserve

For an additional amount for ``Operation and Maintenance,
Army Reserve'', $74,049,000.

Operation and Maintenance, Navy Reserve

For an additional amount for ``Operation and Maintenance,
Navy Reserve'', $111,066,000.

Operation and Maintenance, Marine Corps Reserve

For an additional amount for ``Operation and Maintenance,
Marine Corps Reserve'', $13,591,000.

Operation and Maintenance, Air Force Reserve

For an additional amount for ``Operation and Maintenance,
Air Force Reserve'', $10,160,000.

Operation and Maintenance, Army National Guard

For an additional amount for ``Operation and Maintenance,
Army National Guard'', $83,569,000.

Operation and Maintenance, Air National Guard

For an additional amount for ``Operation and Maintenance,
Air National Guard'', $38,429,000.

Afghanistan Security Forces Fund

For an additional amount for ``Afghanistan Security Forces
Fund'', $5,906,400,000, to remain available until September
30, 2008.

Iraq Security Forces Fund

For an additional amount for ``Iraq Security Forces Fund'',
$3,842,300,000, to remain available until September 30, 2008.

Iraq Freedom Fund

(including transfer of funds)

For an additional amount for ``Iraq Freedom Fund'',
$355,600,000, to remain available for transfer until
September 30, 2008: Provided, That up to $50,000,000 may be
obligated and expended for purposes of the Task Force to
Improve Business and Stability Operations in Iraq.

Joint Improvised Explosive Device Defeat Fund

For an additional amount for ``Joint Improvised Explosive
Device Defeat Fund'', $2,432,800,000, to remain available
until September 30, 2009.

PROCUREMENT

Aircraft Procurement, Army

For an additional amount for ``Aircraft Procurement,
Army'', $619,750,000, to remain available until September 30,
2009.

Missile Procurement, Army

For an additional amount for ``Missile Procurement, Army'',
$111,473,000, to remain available until September 30, 2009.

Procurement of Weapons and Tracked Combat Vehicles, Army

For an additional amount for ``Procurement of Weapons and
Tracked Combat Vehicles, Army'', $3,404,315,000, to remain
available until September 30, 2009.

Procurement of Ammunition, Army

For an additional amount for ``Procurement of Ammunition,
Army'', $681,500,000, to remain available until September 30,
2009.

Other Procurement, Army

For an additional amount for ``Other Procurement, Army'',
$9,859,137,000, to remain available until September 30, 2009.

Aircraft Procurement, Navy

For an additional amount for ``Aircraft Procurement,
Navy'', $1,090,287,000, to remain available until September
30, 2009.

Weapons Procurement, Navy

For an additional amount for ``Weapons Procurement, Navy'',
$163,813,000, to remain available until September 30, 2009.

Procurement of Ammunition, Navy and Marine Corps

For an additional amount for ``Procurement of Ammunition,
Navy and Marine Corps'', $159,833,000, to remain available
until September 30, 2009.

Other Procurement, Navy

For an additional amount for ``Other Procurement, Navy'',
$618,709,000, to remain available until September 30, 2009.

Procurement, Marine Corps

For an additional amount for ``Procurement, Marine Corps'',
$989,389,000, to remain available until September 30, 2009.

Aircraft Procurement, Air Force

For an additional amount for ``Aircraft Procurement, Air
Force'', $2,106,468,000, to remain available until September
30, 2009.

Missile Procurement, Air Force

For an additional amount for ``Missile Procurement, Air
Force'', $94,900,000, to remain available until September 30,
2009.

Procurement of Ammunition, Air Force

For an additional amount for ``Procurement of Ammunition,
Air Force'', $6,000,000, to remain available until September
30, 2009.

Other Procurement, Air Force

For an additional amount for ``Other Procurement, Air
Force'', $1,957,160,000, to remain available until September
30, 2009.

Procurement, Defense-Wide

For an additional amount for ``Procurement, Defense-Wide'',
$721,190,000, to remain available until September 30, 2009.

RESEARCH, DEVELOPMENT, TEST AND EVALUATION

Research, Development, Test and Evaluation, Army

For an additional amount for ``Research, Development, Test
and Evaluation, Army'', $100,006,000, to remain available
until September 30, 2008.

Research, Development, Test and Evaluation, Navy

For an additional amount for ``Research, Development, Test
and Evaluation, Navy'', $298,722,000, to remain available
until September 30, 2008.

Research, Development, Test and Evaluation, Air Force

For an additional amount for ``Research, Development, Test
and Evaluation, Air Force'', $187,176,000, to remain
available until September 30, 2008.

[[Page H5802]]

Research, Development, Test and Evaluation, Defense-Wide

For an additional amount for ``Research, Development, Test
and Evaluation, Defense-Wide'', $512,804,000, to remain
available until September 30, 2008.

REVOLVING AND MANAGEMENT FUNDS

Defense Working Capital Funds

For an additional amount for ``Defense Working Capital
Funds'', $1,115,526,000.

National Defense Sealift Fund

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

OTHER DEPARTMENT OF DEFENSE PROGRAMS

Defense Health Program

For an additional amount for ``Defense Health Program'',
$1,123,147,000.

Drug Interdiction and Counter-Drug Activities, Defense

For an additional amount for ``Drug Interdiction and
Counter-Drug Activities, Defense'', $254,665,000, to remain
available until expended.

RELATED AGENCIES

Intelligence Community Management Account

For an additional amount for ``Intelligence Community
Management Account'', $71,726,000.

GENERAL PROVISIONS--THIS CHAPTER

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

(transfer of funds)

Sec. 1302. Upon his determination that such action is
necessary in the national interest, the Secretary of Defense
may transfer between appropriations up to $3,500,000,000 of
the funds made available to the Department of Defense (except
for military construction) in this Act: Provided, That the
Secretary shall notify the Congress promptly of each transfer
made pursuant to the authority in this section: Provided
further, That the authority provided in this section is in
addition to any other transfer authority available to the
Department of Defense and is subject to the same terms and
conditions as the authority provided in section 8005 of the
Department of Defense Appropriations Act, 2007 (Public Law
109-289; 120 Stat. 1257), except for the fourth proviso:
Provided further, That funds previously transferred to the
``Joint Improvised Explosive Device Defeat Fund'' and the
``Iraq Security Forces Fund'' under the authority of section
8005 of Public Law 109-289 and transferred back to their
source appropriations accounts shall not be taken into
account for purposes of the limitation on the amount of funds
that may be transferred under section 8005.
Sec. 1303. Funds appropriated in this Act, or made
available by the transfer of funds in or pursuant to this
Act, for intelligence activities are deemed to be
specifically authorized by the Congress for purposes of
section 504(a)(1) of the National Security Act of 1947 (50
U.S.C. 414(a)(1)).
Sec. 1304. None of the funds provided in this Act may be
used to finance programs or activities denied by Congress in
fiscal years 2006 or 2007 appropriations to the Department of
Defense (except for military construction) or to initiate a
procurement or research, development, test and evaluation new
start program without prior written notification to the
congressional defense committees.

(TRANSFER OF FUNDS)

Sec. 1305. During fiscal year 2007, the Secretary of
Defense may transfer not to exceed $6,300,000 of the amounts
in or credited to the Defense Cooperation Account, pursuant
to 10 U.S.C. 2608, to such appropriations or funds of the
Department of Defense as he shall determine for use
consistent with the purposes for which such funds were
contributed and accepted: Provided, That such amounts shall
be available for the same time period as the appropriation to
which transferred: Provided further, That the Secretary shall
report to the Congress all transfers made pursuant to this
authority.
Sec. 1306. (a) Authority to Provide Support.--Of the amount
appropriated by this Act under the heading, ``Drug
Interdiction and Counter-Drug Activities, Defense'', not to
exceed $60,000,000 may be used for support for counter-drug
activities of the Governments of Afghanistan and Pakistan:
Provided, That such support shall be in addition to support
provided for the counter-drug activities of such Governments
under any other provision of the law.
(b) Types of Support.--
(1) Except as specified in subsection (b)(2) of this
section, the support that may be provided under the authority
in this section shall be limited to the types of support
specified in section 1033(c)(1) of the National Defense
Authorization Act for Fiscal Year 1998 (Public Law 105-85, as
amended by Public Laws 106-398, 108-136, and 109-364) and
conditions on the provision of support as contained in
section 1033 shall apply for fiscal year 2007.
(2) The Secretary of Defense may transfer vehicles,
aircraft, and detection, interception, monitoring and testing
equipment to said Governments for counter-drug activities.
Sec. 1307. (a) From funds made available for operation and
maintenance in this Act to the Department of Defense, not to
exceed $456,400,000 may be used, notwithstanding any other
provision of law, to fund the Commanders' Emergency Response
Program, for the purpose of enabling military commanders in
Iraq and Afghanistan to respond to urgent humanitarian relief
and reconstruction requirements within their areas of
responsibility by carrying out programs that will immediately
assist the Iraqi and Afghan people.
(b) Quarterly Reports.--Not later than 15 days after the
end of each fiscal year quarter, the Secretary of Defense
shall submit to the congressional defense committees a report
regarding the source of funds and the allocation and use of
funds during that quarter that were made available pursuant
to the authority provided in this section or under any other
provision of law for the purposes of the programs under
subsection (a).
Sec. 1308. Section 9010 of division A of Public Law 109-289
is amended by striking ``2007'' each place it appears and
inserting ``2008''.
Sec. 1309. During fiscal year 2007, supervision and
administration costs associated with projects carried out
with funds appropriated to ``Afghanistan Security Forces
Fund'' or ``Iraq Security Forces Fund'' in this Act may be
obligated at the time a construction contract is awarded:
Provided, That for the purpose of this section, supervision
and administration costs include all in-house Government
costs.
Sec. 1310. Section 1005(c)(2) of the National Defense
Authorization Act, Fiscal Year 2007 (Public Law 109-364) is
amended by striking ``$310,277,000'' and inserting
``$376,446,000''.
Sec. 1311. Section 9007 of Public Law 109-289 is amended by
striking ``20'' and inserting ``287''.
Sec. 1312. From funds made available for the ``Iraq
Security Forces Fund'' for fiscal year 2007, up to
$155,500,000 may be used, notwithstanding any other provision
of law, to provide assistance, with the concurrence of the
Secretary of State, to the Government of Iraq to support the
disarmament, demobilization, and reintegration of militias
and illegal armed groups.

(transfer of funds)

Sec. 1313. Notwithstanding any other provision of law, not
to exceed $110,000,000 may be transferred to the ``Economic
Support Fund'', Department of State, for use in programs in
Pakistan from amounts appropriated by this Act as follows:
``Military Personnel, Army'', $70,000,000.
``National Guard Personnel, Army'', $13,183,000.
``Defense Health Program'', $26,817,000.
Sec. 1314. (a) Findings Regarding Progress in Iraq, the
Establishment of Benchmarks to Measure That Progress, and
Reports to Congress.--Congress makes the following findings:
(1) Over 145,000 American military personnel are currently
serving in Iraq, like thousands of others since March 2003,
with the bravery and professionalism consistent with the
finest traditions of the United States Armed Forces, and are
deserving of the strong support of all Americans.
(2) Many American service personnel have lost their lives,
and many more have been wounded in Iraq; the American people
will always honor their sacrifice and honor their families.
(3) The United States Army and Marine Corps, including
their Reserve components and National Guard organizations,
together with components of the other branches of the
military, are performing their missions while under enormous
strain from multiple, extended deployments to Iraq and
Afghanistan. These deployments, and those that will follow,
will have a lasting impact on future recruiting, retention,
and readiness of our Nation's all volunteer force.
(4) Iraq is experiencing a deteriorating problem of
sectarian and intrasectarian violence based upon political
distrust and cultural differences among factions of the Sunni
and Shia populations.
(5) Iraqis must reach political and economic settlements in
order to achieve reconciliation, for there is no military
solution. The failure of the Iraqis to reach such settlements
to support a truly unified government greatly contributes to
the increasing violence in Iraq.
(6) The responsibility for Iraq's internal security and
halting sectarian violence rests with the sovereign
Government of Iraq.
(7) In December 2006, the bipartisan Iraq Study Group
issued a valuable report, suggesting a comprehensive strategy
that includes new and enhanced diplomatic and political
efforts in Iraq and the region, and a change in the primary
mission of U.S. forces in Iraq, that will enable the United
States to begin to move its combat forces out of Iraq
responsibly.
(8) The President said on January 10, 2007, that ``I've
made it clear to the Prime Minister and Iraq's other leaders
that America's commitment is not open-ended'' so as to dispel
the contrary impression that exists.
(9) It is essential that the sovereign Government of Iraq
set out measurable and achievable benchmarks and President
Bush said, on January 10, 2007, that ``America will change
our approach to help the Iraqi government as it works to meet
these benchmarks''.
(10) As reported by Secretary of State Rice, Iraq's Policy
Committee on National Security agreed upon a set of
political, security, and economic benchmarks and an
associated timeline in September 2006 that were (A)
reaffirmed by Iraq's Presidency Council on October 6, 2006;
(B) referenced by the Iraq Study Group; and (C) posted on the
President of Iraq's Web site.

[[Page H5803]]

(11) On April 21, 2007, Secretary of Defense Robert Gates
stated that ``our [American] commitment to Iraq is long-term,
but it is not a commitment to have our young men and women
patrolling Iraq's streets open-endedly'' and that ``progress
in reconciliation will be an important element of our
evaluation''.
(12) The President's January 10, 2007 address had three
components: political, military, and economic. Given that
significant time has passed since his statement, and
recognizing the overall situation is ever changing, Congress
must have timely reports to evaluate and execute its
constitutional oversight responsibilities.
(b) Conditioning of Future United States Strategy in Iraq
on the Iraqi Government's Record of Performance on Its
Benchmarks.--
(1) In general.--
(A) The United States strategy in Iraq, hereafter, shall be
conditioned on the Iraqi government meeting benchmarks, as
told to members of Congress by the President, the Secretary
of State, the Secretary of Defense, and the Chairman of the
Joint Chiefs of Staff, and reflected in the Iraqi
Government's commitments to the United States, and to the
international community, including:
(i) Forming a Constitutional Review Committee and then
completing the constitutional review.
(ii) Enacting and implementing legislation on de-
Baathification.
(iii) Enacting and implementing legislation to ensure the
equitable distribution of hydrocarbon resources of the people
of Iraq without regard to the sect or ethnicity of
recipients, and enacting and implementing legislation to
ensure that the energy resources of Iraq benefit Sunni Arabs,
Shia Arabs, Kurds, and other Iraqi citizens in an equitable
manner.
(iv) Enacting and implementing legislation on procedures to
form semi-autonomous regions.
(v) Enacting and implementing legislation establishing an
Independent High Electoral Commission, provincial elections
law, provincial council authorities, and a date for
provincial elections.
(vi) Enacting and implementing legislation addressing
amnesty.
(vii) Enacting and implementing legislation establishing a
strong militia disarmament program to ensure that such
security forces are accountable only to the central
government and loyal to the Constitution of Iraq.
(viii) Establishing supporting political, media, economic,
and services committees in support of the Baghdad Security
Plan.
(ix) Providing three trained and ready Iraqi brigades to
support Baghdad operations.
(x) Providing Iraqi commanders with all authorities to
execute this plan and to make tactical and operational
decisions, in consultation with U.S. commanders, without
political intervention, to include the authority to pursue
all extremists, including Sunni insurgents and Shiite
militias.
(xi) Ensuring that the Iraqi Security Forces are providing
even handed enforcement of the law.
(xii) Ensuring that, according to President Bush, Prime
Minister Maliki said ``the Baghdad security plan will not
provide a safe haven for any outlaws, regardless of [their]
sectarian or political affiliation''.
(xiii) Reducing the level of sectarian violence in Iraq and
eliminating militia control of local security.
(xiv) Establishing all of the planned joint security
stations in neighborhoods across Baghdad.
(xv) Increasing the number of Iraqi security forces units
capable of operating independently.
(xvi) Ensuring that the rights of minority political
parties in the Iraqi legislature are protected.
(xvii) Allocating and spending $10 billion in Iraqi
revenues for reconstruction projects, including delivery of
essential services, on an equitable basis.
(xviii) Ensuring that Iraq's political authorities are not
undermining or making false accusations against members of
the Iraqi Security Forces.
(B) The President shall submit reports to Congress on how
the sovereign Government of Iraq is, or is not, achieving
progress towards accomplishing the aforementioned benchmarks,
and shall advise the Congress on how that assessment
requires, or does not require, changes to the strategy
announced on January 10, 2007.
(2) Reports required.--
(A) The President shall submit an initial report, in
classified and unclassified format, to the Congress, not
later than July 15, 2007, assessing the status of each of the
specific benchmarks established above, and declaring, in his
judgment, whether satisfactory progress toward meeting these
benchmarks is, or is not, being achieved.
(B) The President, having consulted with the Secretary of
State, the Secretary of Defense, the Commander, Multi-
National Forces-Iraq, the United States Ambassador to Iraq,
and the Commander of U.S. Central Command, will prepare the
report and submit the report to Congress.
(C) If the President's assessment of any of the specific
benchmarks established above is unsatisfactory, the President
shall include in that report a description of such revisions
to the political, economic, regional, and military components
of the strategy, as announced by the President on January 10,
2007. In addition, the President shall include in the report,
the advisability of implementing such aspects of the
bipartisan Iraq Study Group, as he deems appropriate.
(D) The President shall submit a second report to the
Congress, not later than September 15, 2007, following the
same procedures and criteria outlined above.
(E) The reporting requirement detailed in section 1227 of
the National Defense Authorization Act for Fiscal Year 2006
is waived from the date of the enactment of this Act through
the period ending September 15, 2007.
(3) Testimony before congress.--Prior to the submission of
the President's second report on September 15, 2007, and at a
time to be agreed upon by the leadership of the Congress and
the Administration, the United States Ambassador to Iraq and
the Commander, Multi-National Forces Iraq will be made
available to testify in open and closed sessions before the
relevant committees of the Congress.
(c) Limitations on Availability of Funds.--
(1) Limitation.--No funds appropriated or otherwise made
available for the ``Economic Support Fund'' and available for
Iraq may be obligated or expended unless and until the
President of the United States certifies in the report
outlined in subsection (b)(2)(A) and makes a further
certification in the report outlined in subsection (b)(2)(D)
that Iraq is making progress on each of the benchmarks set
forth in subsection (b)(1)(A).
(2) Waiver authority.--The President may waive the
requirements of this section if he submits to Congress a
written certification setting forth a detailed justification
for the waiver, which shall include a detailed report
describing the actions being taken by the United States to
bring the Iraqi government into compliance with the
benchmarks set forth in subsection (b)(1)(A). The
certification shall be submitted in unclassified form, but
may include a classified annex.
(d) Redeployment of U.S. Forces From Iraq.--The President
of the United States, in respecting the sovereign rights of
the nation of Iraq, shall direct the orderly redeployment of
elements of U.S. forces from Iraq, if the components of the
Iraqi government, acting in strict accordance with their
respective powers given by the Iraqi Constitution, reach a
consensus as recited in a resolution, directing a
redeployment of U.S. forces.
(e) Independent Assessments.--
(1) Assessment by the comptroller general.--
(A) Not later than September 1, 2007, the Comptroller
General of the United States shall submit to Congress an
independent report setting forth--
(i) the status of the achievement of the benchmarks
specified in subsection (b)(1)(A); and
(ii) the Comptroller General's assessment of whether or not
each such benchmark has been met.
(2) Assessment of the capabilities of iraqi security
forces.--
(A) In general.--There is hereby authorized to be
appropriated for the Department of Defense, $750,000, that
the Department, in turn, will commission an independent,
private sector entity, which operates as a 501(c)(3), with
recognized credentials and expertise in military affairs, to
prepare an independent report assessing the following:
(i) The readiness of the Iraqi Security Forces (ISF) to
assume responsibility for maintaining the territorial
integrity of Iraq, denying international terrorists a safe
haven, and bringing greater security to Iraq's 18 provinces
in the next 12 to 18 months, and bringing an end to sectarian
violence to achieve national reconciliation.
(ii) The training, equipping, command, control and
intelligence capabilities, and logistics capacity of the ISF.
(iii) The likelihood that, given the ISF's record of
preparedness to date, following years of training and
equipping by U.S. forces, the continued support of U.S.
troops will contribute to the readiness of the ISF to fulfill
the missions outlined in clause (i).
(B) Report.--Not later than 120 days after the enactment of
this Act, the designated private sector entity shall provide
an unclassified report, with a classified annex, containing
its findings, to the House and Senate Committees on Armed
Services, Appropriations, Foreign Relations/International
Relations, and Intelligence.

CHAPTER 4

DEPARTMENT OF ENERGY

ATOMIC ENERGY DEFENSE ACTIVITIES

National Nuclear Security Administration

Defense Nuclear Nonproliferation

For an additional amount for ``Defense Nuclear
Nonproliferation'', $63,000,000, to remain available until
expended.

CHAPTER 5

DEPARTMENT OF DEFENSE

Military Construction, Army

For an additional amount for ``Military Construction,
Army'', $1,255,890,000, to remain available until September
30, 2008: Provided, That notwithstanding any other provision
of law, such funds may be obligated and expended to carry out
planning and design and military construction projects not
otherwise authorized by law: Provided further, That of the
funds provided under this heading, not to exceed $173,700,000
shall be available for study, planning, design, and architect
and engineer services: Provided further,

[[Page H5804]]

That of the funds made available under this heading,
$369,690,000 shall not be obligated or expended until the
Secretary of Defense submits a detailed report explaining how
military road construction is coordinated with NATO and
coalition nations: Provided further, That of the funds made
available under this heading, $401,700,000 shall not be
obligated or expended until the Secretary of Defense submits
a detailed stationing plan to support Army end-strength
growth to the Committees on Appropriations of the House of
Representatives and the Senate: Provided further, That of the
funds provided under this heading, $274,800,000 shall not be
obligated or expended until the Secretary of Defense
certifies that none of the funds are to be used for the
purpose of providing facilities for the permanent basing of
United States military personnel in Iraq.

Military Construction, Navy and Marine Corps

For an additional amount for ``Military Construction, Navy
and Marine Corps'', $370,990,000, to remain available until
September 30, 2008: Provided, That notwithstanding any other
provision of law, such funds may be obligated and expended to
carry out planning and design and military construction
projects not otherwise authorized by law: Provided further,
That of the funds provided under this heading, not to exceed
$49,600,000 shall be available for study, planning, design,
and architect and engineer services: Provided further, That
of the funds made available under this heading, $324,270,000
shall not be obligated or expended until the Secretary of
Defense submits a detailed stationing plan to support Marine
Corps end-strength growth to the Committees on Appropriations
of the House of Representatives and the Senate.

Military Construction, Air Force

For an additional amount for ``Military Construction, Air
Force'', $43,300,000, to remain available until September 30,
2008: Provided, That notwithstanding any other provision of
law, such funds may be obligated and expended to carry out
planning and design and military construction projects not
otherwise authorized by law: Provided further, That of the
funds provided under this heading, not to exceed $3,000,000
shall be available for study, planning, design, and architect
and engineer services.

GENERAL PROVISION--THIS CHAPTER

Sec. 1501. (a) Funds provided in this Act for the following
accounts shall be made available for programs under the
conditions contained in the language of the joint explanatory
statement of managers accompanying the conference report on
H.R. 1591 of the 110th Congress (H. Rept. 110-107):
``Military Construction, Army''.
``Military Construction, Navy and Marine Corps''.
``Military Construction, Air Force''.
(b) The Secretary of Defense shall submit all reports
requested in House Report 110-60 and Senate Report 110-37 to
the Committees on Appropriations of both Houses of Congress.

CHAPTER 6

DEPARTMENT OF STATE AND RELATED AGENCY

DEPARTMENT OF STATE

Administration of Foreign Affairs

DIPLOMATIC AND CONSULAR PROGRAMS

(INCLUDING TRANSFER OF FUNDS)

For an additional amount for ``Diplomatic and Consular
Programs'', $836,555,000, to remain available until September
30, 2008, of which $64,655,000 for World Wide Security
Upgrades is available until expended: Provided, That of the
funds appropriated under this heading, not more than
$20,000,000 shall be made available for public diplomacy
programs: Provided further, That prior to the obligation of
funds pursuant to the previous proviso, the Secretary of
State shall submit a report to the Committees on
Appropriations describing a comprehensive public diplomacy
strategy, with goals and expected results, for fiscal years
2007 and 2008: Provided further, That 20 percent of the
amount available for Iraq operations shall not be obligated
until the Committees on Appropriations receive and approve a
detailed plan for expenditure, prepared by the Secretary of
State, and submitted within 60 days after the date of
enactment of this Act: Provided further, That of the amount
made available under this heading for Iraq, not to exceed
$20,000,000 may be transferred to, and merged with, funds in
the ``Emergencies in the Diplomatic and Consular Service''
appropriations account, to be available only for terrorism
rewards.

OFFICE OF THE INSPECTOR GENERAL

(INCLUDING TRANSFER OF FUNDS)

For an additional amount for ``Office of Inspector
General'', $35,000,000, to remain available until December
31, 2008: Provided, That such amount shall be transferred to
the Special Inspector General for Iraq Reconstruction for
reconstruction oversight.

Educational and Cultural Exchange Programs

For an additional amount for ``Educational and Cultural
Exchange Programs'', $20,000,000, to remain available until
expended.

International Organizations

Contributions for International Peacekeeping Activities

For an additional amount for ``Contributions for
International Peacekeeping Activities'', $283,000,000, to
remain available until September 30, 2008.

RELATED AGENCY

Broadcasting Board of Governors

International Broadcasting Operations

For an additional amount for ``International Broadcasting
Operations'' for activities related to broadcasting to the
Middle East, $10,000,000, to remain available until September
30, 2008.

BILATERAL ECONOMIC ASSISTANCE

Funds Appropriated to the President

United States Agency for International Development

Child Survival and Health Programs Fund

(including transfer of funds)

For an additional amount for ``Child Survival and Health
Programs Fund'', $161,000,000, to remain available until
September 30, 2008: Provided, That notwithstanding any other
provision of law, if the President determines and reports to
the Committees on Appropriations that the human-to-human
transmission of the avian influenza virus is efficient and
sustained, and is spreading internationally, funds made
available under the heading ``Millennium Challenge
Corporation'' and ``Global HIV/AIDS Initiative'' in prior
Acts making appropriations for foreign operations, export
financing, and related programs may be transferred to, and
merged with, funds made available under this heading to
combat avian influenza: Provided further, That funds made
available pursuant to the authority of the previous proviso
shall be subject to the regular notification procedures of
the Committees on Appropriations.

International Disaster and Famine Assistance

For an additional amount for ``International Disaster and
Famine Assistance'', $105,000,000, to remain available until
expended.

Operating Expenses of the United States Agency for International
Development

For an additional amount for ``Operating Expenses of the
United States Agency for International Development'',
$5,700,000, to remain available until September 30, 2008.

Other Bilateral Economic Assistance

Economic Support Fund

For an additional amount for ``Economic Support Fund'',
$2,502,000,000, to remain available until September 30, 2008:
Provided, That of the funds appropriated under this heading,
$57,400,000 shall be made available to nongovernmental
organizations in Iraq for economic and social development
programs and activities in areas of conflict: Provided
further, That the responsibility for policy decisions and
justifications for the use of funds appropriated by the
previous proviso shall be the responsibility of the United
States Chief of Mission in Iraq: Provided further, That none
of the funds appropriated under this heading in this Act or
in prior Acts making appropriations for foreign operations,
export financing, and related programs may be made available
for the Political Participation Fund and the National
Institutions Fund: Provided further, That of the funds made
available under the heading ``Economic Support Fund'' in
Public Law 109-234 for Iraq to promote democracy, rule of law
and reconciliation, $2,000,000 should be made available for
the United States Institute of Peace for programs and
activities in Afghanistan to remain available until September
30, 2008.

Assistance for Eastern Europe and the Baltic States

For an additional amount for ``Assistance for Eastern
Europe and the Baltic States'', $214,000,000, to remain
available until September 30, 2008, for assistance for
Kosovo.

Department of State

Democracy Fund

For an additional amount for ``Democracy Fund'',
$255,000,000, to remain available until September 30, 2008:
Provided, That of the funds appropriated under this heading,
not less than $190,000,000 shall be made available for the
Human Rights and Democracy Fund of the Bureau of Democracy,
Human Rights, and Labor, Department of State, and not less
than $60,000,000 shall be made available for the United
States Agency for International Development, for democracy,
human rights and rule of law programs in Iraq: Provided
further, That not later than 60 days after enactment of this
Act, the Secretary of State shall submit a report to the
Committees on Appropriations describing a comprehensive,
long-term strategy, with goals and expected results, for
strengthening and advancing democracy in Iraq.

International Narcotics Control and Law Enforcement

For an additional amount for ``International Narcotics
Control and Law Enforcement'', $210,000,000, to remain
available until September 30, 2008.

Migration and Refugee Assistance

For an additional amount for ``Migration and Refugee
Assistance'', $71,500,000, to remain available until
September 30, 2008, of which not less than $5,000,000 shall
be made available to rescue Iraqi scholars.

United States Emergency Refugee and Migration Assistance Fund

For an additional amount for ``United States Emergency
Refugee and Migration Assistance Fund'', $30,000,000, to
remain available until expended.

[[Page H5805]]

Nonproliferation, Anti-terrorism, Demining and Related Programs

For an additional amount for ``Nonproliferation, Anti-
Terrorism, Demining and Related Programs'', $27,500,000, to
remain available until September 30, 2008.

Department of the Treasury

International Affairs Technical Assistance

For an additional amount for ``International Affairs
Technical Assistance'', $2,750,000, to remain available until
September 30, 2008.

MILITARY ASSISTANCE

Funds Appropriated to the President

Foreign Military Financing Program

For an additional amount for ``Foreign Military Financing
Program'', $220,000,000, to remain available until September
30, 2008.

Peacekeeping Operations

For an additional amount for ``Peacekeeping Operations'',
$190,000,000, to remain available until September 30, 2008:
Provided, That not later than 30 days after enactment of this
Act and every 30 days thereafter until September 30, 2008,
the Secretary of State shall submit a report to the
Committees on Appropriations detailing the obligation and
expenditure of funds made available under this heading in
this Act and in prior Acts making appropriations for foreign
operations, export financing, and related programs.

GENERAL PROVISION--THIS CHAPTER

authorization of funds

Sec. 1601. Funds appropriated by this Act may be obligated
and expended notwithstanding section 10 of Public Law 91-672
(22 U.S.C. 2412), section 15 of the State Department Basic
Authorities Act of 1956 (22 U.S.C. 2680), section 313 of the
Foreign Relations Authorization Act, Fiscal Years 1994 and
1995 (22 U.S.C. 6212), and section 504(a)(1) of the National
Security Act of 1947 (50 U.S.C. 414(a)(1)).

TITLE II--HURRICANE KATRINA RECOVERY

DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

DISASTER RELIEF

For an additional amount for ``Disaster Relief'',
$3,400,000,000, to remain available until expended.
If House amendment 1 has not been agreed to, insert after
title II of the provisions inserted by this amendment the
following:

TITLE III--GENERAL PROVISIONS

Sec. 3001. No part of any appropriation contained in this
Act shall remain available for obligation beyond the current
fiscal year unless expressly so provided herein.
Sec. 3002. Amounts in this Act are designated as emergency
requirements and necessary to meet emergency needs pursuant
to subsections (a) and (b) of section 204 of S. Con. Res. 21
(110th Congress), the concurrent resolution on the budget for
fiscal year 2008.
If House amendment 1 has not been agreed to, insert before
title I of the provisions inserted by this amendment the
following:

SECTION 1. SHORT TITLE.

This Act may be cited as the ``Supplemental Appropriations
Act for Defense, International Affairs, Other Security-
Related Needs, and Hurricane Katrina Recovery, 2007''.

SEC. 2. TABLE OF CONTENTS.

The table of contents for this Act is as follows:

TITLE I--SUPPLEMENTAL APPROPRIATIONS FOR DEFENSE, INTERNATIONAL
AFFAIRS, AND OTHER SECURITY-RELATED NEEDS
TITLE II--HURRICANE KATRINA RECOVERY
TITLE III--GENERAL PROVISIONS

SEC. 3. STATEMENT OF APPROPRIATIONS.

The following sums in this Act are appropriated, out of any
money in the Treasury not otherwise appropriated, for the
fiscal year ending September 30, 2007.
If House amendment 1 has been agreed to, conform the table
of contents in section 2 to reflect the titles inserted by
the provisions of this amendment.

The SPEAKER pro tempore. Pursuant to House Resolution 438, 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 may
have 5 legislative days in which to revise and extend their remarks on
the pending legislation and that I be permitted to include tables,
charts and other extraneous material.
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 such time as I may consume.
Mr. Speaker, there are two sets of issues before us, the President's
request for almost $100 billion to finance the cost of the war in Iraq
for the remainder of this fiscal year, which ends October 1.
There is a second set of issues which relate to urgent needs for this
year, additional funding for State Children's Health Insurance Program
to prevent many thousands of poor children and some of their parents
from losing health coverage; gulf coast recovery after Katrina; drought
relief for farmers and the 70 percent of the U.S. counties that the
President named as disaster areas; and other areas where we believe we
must do more than the President wants to do; defense health, such as
efforts to provide more help to veterans with traumatic rain injury;
veterans' health, to help veterans overcome ridiculous backlogs;
homeland security, to strengthen our ports, our borders and our cargo
inspection systems; full funding for BRAC, the base realignment
requirements; additional funding for military housing needs; and
greater resources to wage the effort to root out al Qaeda in
Afghanistan.
Dealing with these issues is complicated by the fact that this
country and this Congress are deeply divided on our involvement in the
Iraqi civil war, which has dragged on now for more than 4 years.
Several weeks ago, House Democrats tried to use the President's
funding request to establish a process to responsibly end our
involvement in that Iraqi civil war. To that end, we passed and sent to
the President a plan that spent almost $4 billion more than the
President wanted on the health and safety of our troops. It established
limits on how much sacrifice could be asked of U.S. military units when
no one else, except for military families, are appreciably sacrificing
anything in this so-called war effort. It also sets standards for
judging the success or failure of the administration's policy.
Now, why did we do that? Because we agree with virtually every
general who has said that this civil war will not be resolved
militarily. It will be resolved only politically and diplomatically by
Iraqi factions making the compromises necessary to bring that civil war
to a conclusion.
The President vetoed that proposal. To override the veto, we needed
two-thirds of the House and the Senate to concur. We didn't get it for
a simple reason, that Democrats did not have two-thirds of the seats in
Congress.
Next we tried to send another proposition to the President and gave
the President a limited amount of money and tried to set another more
flexible set of standards for proceeding with this war. That failed in
the Senate.
At that point, like it or not, we ran out of options for using this
fiscal year 2007 supplemental to force a change in administration
policy.
On Friday we met with the administration and offered to drop all
domestic items if the administration would accept meaningful benchmarks
and timelines for ending our involvement in that civil war. They flatly
refused. That leaves us with the Senate-passed plan, which sets a much
weaker set of benchmarks than those passed by the House.
It is clear we do not have the 60 votes necessary to end debate in
the Senate and force a policy change on the administration by using the
fiscal year 2007 supplemental. Because there are only months left in
the fiscal year, no serious person can expect that it is possible to
redeploy our troops during that time.
So the question becomes, how do we continue to press for an end to
our involvement in that war on a reasonable time frame? The proposition
now before us shifts the debate to the President's budget request for
the next fiscal year, which begins on October 1.
Weak as it is, the Senate-adopted Warner amendment, with its 18 new
benchmarks, at least does end the totally blank check that previous
Congresses have provided. Weak as it is, it does at least give Members
of Congress whose feet are not firmly planted in the status quo another
opportunity to review the futile administration policy by establishing
a requirement for two reports to the Congress, one in July and one in
September.
The proposal before us will mean that, in September, using the
required reports, the Congress will have an opportunity to decide what
course of action to take on this war. That decision will be just 4
months away.
Meanwhile, we also insist that the President accept the fact that
there are other pressing needs, to which we have an obligation to
respond.

[[Page H5806]]

This proposal contains a long overdue increase in the minimum wage
for America's lowest-paid workers, a wage which may not bother many
people in this Chamber but a wage which unconscionably has been frozen
for a decade. It will contain $17 billion that the President did not
want for added defense and veterans' health care, for BRAC, for
military housing, for Homeland Security, for Katrina, drought relief
and State Children's Health Insurance Program. Some items it should
contain, it does not.
For example, low-income heating, home energy assistance and funding
for the pandemic flu.

{time} 1715

This proposition falls far short of containing everything that it
should on both the Iraqi war and on our own domestic needs. But I take
some comfort in the knowledge that even Babe Ruth struck out more than
1,300 times. But weak as it is, this proposition does provide a
structure and a process to continue the fight, and it recognizes
reality.
I intend to vote against the first proposition that contains the
President's military request and the Warner benchmarks because I
believe they are far too weak, and I believe it is important to
maximize the pressure on Iraqi politicians to compromise by having as
many votes as possible for a stronger proposition. I expect to vote for
the second proposition, which contains the minimum wage increase, and
$17 billion of the $21 billion that we sought to respond to crucial
national needs.
This proposition will transfer the Iraqi fight to September on the
President's fiscal 2008 defense supplemental request, and it will
require a vote on a proposition that would require the funds
appropriated to be used to redeploy troops on a responsible time
schedule. I am sure we will also address the issue on Mr. Murtha's
defense appropriation bill, on the regular bill that will come at us as
we return from the Memorial Day recess.
This proposition is apparently the best that we can achieve given the
votes that we have. It is my hope that, when these votes occur in
September, a firm majority in both Houses will see through the
smokescreens being produced by the administration and send an
unequivocal message to both the administration and Iraqi political
leaders that our patience is over.
Now, some news stories have said that Democrats have ``given up on
the time line.'' That is patent nonsense. There has never been a chance
of a snowball in Hades that Congress would cut off funding for troops
in the field.
Now, some people say to us, why don't you do what you did in Vietnam
and simply cut off the funds even while the troops are in the field?
Well, I've got news for you, that is not what the Congress did in
Vietnam. I know; I was here. When Congress passed the Addabbo
amendment, there were less than 500 American troops left in Vietnam.
What the Addabbo amendment did was to cut off American aid to the South
Vietnamese Government.
Even if the Congress were to cut off aid to troops in the field, the
President undoubtedly would not abide by that. He would simply assert
his Commander in Chief authority to manage the troops any way he
wanted, and we would be tied up challenging that in the court for
months, long past the time period covered by the fiscal year 2007
supplemental which this legislation addresses.
The last proposal we sent to the Senate attempted to limit the amount
of money available to the President to 2 months' operating expenses,
fencing the rest to try to force a policy change.
All we are doing by this arrangement is to slip the timetable an
additional 2 months from that proposal, shifting the debate from the
2007 supplemental to the 2008 supplemental. That means our Republican
friends who continue to support the President on this misbegotten war
will have to face votes in July and in September on the same issue.
We are not giving up. We are simply recognizing that no one believes
that it is possible, given the Senate's inability to produce 60 votes
to shut down debate, to change course during the remainder of this
fiscal year. That may not be a pleasant fact, but it is a reality.
Opponents of the war need to face this fact just as the President and
his allies need to face the fact that they are following a dead-end
policy which we will continue to make every possible effort to change.
Mr. OBEY. Following are additional explanatory materials regarding
the appropriations for the Department of Defense made by the House
amendments to the Senate amendment to H.R. 2206.

Department of Defense--Military

PROGRAM EXECUTION

The Department of Defense shall execute the appropriations
provided in this Act consistent with the allocation of funds
contained in the joint explanatory statement of the committee
of conference accompanying H.R. 1591 when such appropriations
(by account) are equal to those appropriations (by account)
provided in this Act. The Department is further directed to
adhere to the reporting requirements in Senate Report 110-37
and House Report 110-60 except as otherwise contravened by
the joint explanatory statement of the committee of
conference accompanying H.R. 1591 or the following statement.

reporting requirements

The Secretary of Defense shall provide a report to the
congressional defense committees within 30 days after the
date of enactment of this legislation on the allocation of
the funds within the accounts listed in this Act. The
Secretary shall submit updated reports 30 days after the end
of each fiscal quarter until funds listed in this Act are no
longer available for obligation. These reports shall include:
a detailed accounting of obligations and expenditures of
appropriations provided in this Act by program and
subactivity group for the continuation of the war in Iraq and
Afghanistan; and a listing of equipment procured using funds
provided in this Act. In order to meet unanticipated
requirements, the Department of Defense may need to transfer
funds within these appropriations accounts for purposes other
than those specified. The Department of Defense shall follow
normal prior approval reprogramming procedures should it be
necessary to transfer funding between different
appropriations accounts in this Act.

CLASSIFIED PROGRAMS

Recommended adjustments to classified programs are
addressed in a classified annex.

Operation and Maintenance

SOAR VIRTUAL SCHOOL DISTRICT

The Deputy Undersecretary of Defense for Military Community
and Family Policy is directed to comply with the guidance
contained in the joint explanatory statement of the committee
of conference accompanying H.R. 1591 regarding the Student
Online Achievement Resources (SOAR Virtual School District)
program.

IRAQ SECURITY FORCES FUND

The Department is directed to report to the House and
Senate Committees on Appropriations within 90 days of
enactment of this Act the accountability requirements DoD has
applied to the train-and-equip program for Iraq and the plans
underway to formulate property accountability rules and
regulations that distinguish between war and peace.

JOINT IMPROVISED EXPLOSIVE DEVICE DEFEAT FUND

The Joint Improvised Explosive Device Defeat Organization
(JIEDDO) shall report on JIEDDO staffing levels no later than
June 29, 2007.

Procurement

SINGLE CHANNEL GROUND AND AIRBORNE RADIO SYSTEM (SINCGARS) FAMILY

The Department of the Army is directed to comply with the
guidance contained in the joint explanatory statement of the
committee of conference accompanying H.R. 1591 regarding
funding limitations and reporting requirements for the Single
Channel Ground and Airborne Radio Systems.

Defense Health Program

TRAUMATIC BRAIN INJURY (TBI) AND POST-TRAUMATIC STRESS DISORDER (PTSD)
TREATMENT AND RESEARCH

If a service member is correctly diagnosed with TBI or
PTSD, the better chance he or she has of a full recovery. It
is critical that health care providers are given the
resources necessary to make accurate, timely referrals for
appropriate treatment and that service members have high
priority access to such services. Therefore, $900,000,000 is
provided for access, treatment and research for Traumatic
Brain Injury (TBI) and Post-Traumatic Stress Disorder (PTSD).
Of the amount provided, $600,000,000 is for operation and
maintenance and $300,000,000 is for research, development,
test and evaluation to conduct peer reviewed research.
By increasing funding for TBI and PTSD, the Defense
Department will now have significant resources to
dramatically improve screening for risk factors, diagnosis,
treatment, counseling, research, facilities and equipment to
prevent or treat these illnesses.
To ensure that patients receive the best care available,
the Department shall develop plans for the allocation of
funds for TBI and PTSD by reviewing the possibility of
conducting research on: therapeutic drugs and medications
that ``harden'' the brain; and, testing and treatment for
tinnitus which impacts 49 percent of blast victims. The
Department also should consider in its planning the
establishment of brain functioning base lines prior to
deployment and the continued measurement of concussive
injuries in theater.

[[Page H5807]]

If the Secretary of Defense determines that funds made
available within the operation and maintenance account for
the treatment of Traumatic Brain Injury and Post-Traumatic
Stress Disorder are excess to the requirements of the
Department of Defense, the Secretary may transfer excess
amounts to the Department of Veterans Affairs to be available
for the same purpose.
The Secretary of Defense shall notify the congressional
defense committees no later than 15 days following any
transfer of funds to the VA for PTSD/TBI treatment.

SUSTAINING THE MILITARY HEALTH CARE BENEFIT

Provided herein is $410,750,000 to fully fund the Defense
Health Program for fiscal year 2007. The Department is
expected to examine other ways to sustain the benefit without
relying on Congress to enact legislation that would increase
the out-of-pocket costs to the beneficiaries.

HEALTH CARE IN SUPPORT OF ARMY MODULAR FORCE CONVERSION AND GLOBAL
POSITIONING

The Assistant Secretary of Defense for Health Affairs and
the Surgeon General of the Army shall coordinate an effort
and report back to the congressional defense committees
within 120 days after enactment of this Act on how these
anticipated costs will be funded to ensure soldiers and their
families affected by AMF and global positioning will have
access to the health care they deserve.

MEDICAL SUPPORT FOR TACTICAL UNITS

The Department of the Army is directed to address medical
requirements for those tactical units currently deployed to
or returning from the Iraq or Afghanistan theaters. The
Department of the Army shall focus funding on the
replenishment of medical supply and equipment needs within
the combat theaters, to include bandages and the provision of
medical care for soldiers who have returned home in a medical
holdover status.

MEB/PEB IMPROVEMENTS

The system for evaluating soldiers' eligibility for
disability benefits has diminished, causing the soldiers'
needs to go unmet. In particular, the thousands of soldiers
wounded in the wars in Iraq and Afghanistan have overwhelmed
the system leading to failure to complete reviews in a timely
manner. In some cases, lack of management, caseworkers,
specialists to help identify depression and post-traumatic
stress disorder, medical hold facilities and even wheelchair
access has meant that wounded soldiers have had to overcome
many obstacles during their medical care.
Therefore, within the funds provided, $30,000,000 is to be
used for strengthening the process, programs, formalized
training for personnel, and for the hiring of administrators
and caseworkers. The resources provided are to be used at
Walter Reed, Brooke, Madigan, and Womack Army Medical Centers
and National Naval Medical Center, San Diego.

Summary and Tabular Materials

The following tables provide details of the supplemental
appropriations for the Department of Defense-Military.

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Mr. Speaker, I reserve the balance of my time.
Mr. LEWIS of California. Mr. Speaker, I yield myself such time as I
may consume.
It was on February 5 that the President sent his emergency
supplemental request to the Hill for our consideration. Today, Congress
is poised to finally send the President a package that he can sign.
The days, weeks, and months that have passed since the supplemental
request first arrived on the Hill have been long on politics and short
on substance. The Speaker and the majority leadership have spent
valuable time at our troops' expense taking symbolic votes for the
purpose of placating the Out of Iraq Caucus.
No political party has a corner on virtue, but the Democrat
majority's reluctance to act swiftly on funding our troops clearly
calls into question its commitment to our men and women in uniform.
As a longtime Member of the Appropriations Committee, I cannot recall
a time that legislation has come to the floor under the committee
chairman's name that the committee chairman apparently plans to oppose,
and yet that is exactly what is occurring today.
My colleague, Chairman Obey, has indicated that he, like most of his
caucus, is going to oppose the piece of this emergency supplemental
that supports our troops, and he is going to support the piece of this
emergency supplemental that funds political pork. Perhaps my friend
from Wisconsin would be more comfortable in replacing his name with
mine as the chief sponsor of the troop-funding bill.
The funding package before us today contains $17 billion in
unrequested Federal spending. While a small piece of this funding
addresses legitimate needs, its designation as emergency spending
serves only one purpose: to make headroom for even more Federal
spending in the fiscal year 2008 appropriations process.
I urge my colleagues to consider this: In the last week, four
appropriations subcommittees have marked up bills for the coming fiscal
year. Already, these four bills are $9.1 billion above the President's
budget request and provide $21.8 billion above the 2007 enacted level.
The committee has yet to mark up another eight bills. By the time the
committee completes its work, it will propose over $20 billion in new
spending beyond the President's request for next year. Between the
emergency supplemental and the fiscal year 2008 bills, the Democrat
majority has proposed spending an additional $37 billion.
I am deeply dismayed that this legislation was written without any
consultation whatsoever with the minority. The Speaker's public
pronouncement of a desire to work across the party lines, to say the
least, runs hollow once again. What makes this more astounding is that
Speaker Pelosi, Majority Hoyer and Mr. Clyburn, the distinguished
majority whip, have been longtime members of the Appropriations
Committee. They know that our committee process has historically been a
bipartisan, or even, in its ideal form, a nonpartisan process. The
majority party clearly made a decision early on not only to abandon our
troops, but to abandon any semblance of bipartisanship in this process.
That does not bode well for our remaining work this year.
Mr. Speaker, I strongly urge a ``yes'' vote on the Obey amendment,
providing critical funding to our troops, which I gather Mr. Obey is
going to vote against, and strongly urge a ``no'' vote on the Obey
amendment providing $17 billion in spending unrequested and unrelated,
I would describe as pork, to hurricane relief or the global war on
terror. I gather Mr. Obey is going to vote against supporting our
troops in the first instance and for pork in the second.
Mr. Speaker, I reserve the balance of the time.
Mr. OBEY. Mr. Speaker, I yield 1 minute to the gentleman from Georgia
(Mr. Scott).
Mr. SCOTT of Georgia. Mr. Speaker, I rise to speak and to urge our
colleagues to please vote and pass this passage.
Now, the most important part, and, of course, all of it is very
important, but there is one part that I want to emphasize that is so
important on the second part; and I take quite a distaste at how the
gentleman referred to that as pork, because the children's health
program is not pork.
In my State of Georgia, there are 273,000 children who will go
without their insurance or health care if we do not pass this measure.
Now, yes, we must get the funding to the troops; they are in need,
and we certainly want to get the funding there. But let me just urge
those in the minority on the other side of the aisle that many of these
273,000 children who are in Georgia without health insurance belong to
the soldiers who are serving in Iraq, and we have been working
feverishly in each step of the way to make sure we had the SCHIP
program included. And I want to make sure we include this all the way,
and urge the President to sign it when we get there.
Mr. LEWIS of California. Mr. Speaker, I reserve the balance of my
time.
Mr. OBEY. Mr. Speaker, I yield 1 minute to the distinguished majority
leader, Mr. Hoyer.
Mr. HOYER. Mr. Speaker, I thank the chairman of the committee for
yielding.
No matter how the Members vote on the two amendments before the House
on this measure, I know that every one of us is absolutely committed to
our men and women in harm's way and prays for their safe return home.
I also know that the Members on our side of the aisle, regardless of
how we vote on these amendments, are united in our collective judgment
that the President's policy is failing; and that after 4 years of
repeated misjudgments in Iraq by this administration, it is long past
time to insist that the administration and the Iraqi Government be held
accountable for making progress; and, that we must change direction in
Iraq.
In fact, the American public strongly support the Democratic position
on the war. Just today, the latest New York Times/CBS poll found that
76 percent of Americans, including a majority of Republicans, say that
the troop surge has either had no impact or made the situation worse.
Meanwhile, 63 percent said the United States should set a date for
withdrawing troops sometime in 2008. That, of course, is what the bill
that we passed and sent to the President did. He vetoed it. That
position was adopted by the majority of this House and the majority of
the Senate in the last supplemental bill.
And 69 percent say Congress should appropriate money for the war on
the condition that we set benchmarks for progress. I am pleased, of
course, that the Warner language is in there, but it is not enough.
Mr. Speaker, it is deeply disappointing that the President continues
to defy the will of the American people. But today, with this amendment
which includes 18 strong new benchmarks on political, security, and
economic progress, and other reporting requirements, I believe this
Congress has moved the ball forward and begun to hold the
administration accountable.
Is it as far as we are going to go? It is not. Should we go further?
We must. Make no mistake, this amendment does not provide everything
that we had hoped for, but I do not believe that it provides a blank
check or that this Congress is rubber-stamping the President's request.
The President did not want the Warner amendment attached. He doesn't
want any constraints.
In addition to benchmarks, this requires the President to report on
progress in July and September, and ties all economic support for Iraq
to progress on the benchmarks, although a waiver is required. Why?
Because the President said he would veto the bill if it was not.
The fact is, this is simply the best bill we could put together and
that would be signed. It is a political reality. It is not what we want
to pass.
It imposes truly for the first time ever a level of accountability
that did not exist, however, previously. For the first time ever, we
are also calling for the Iraqi Security Forces to step up and do the
job assigned to them so our soldiers can step down by providing funding
for an outside review of the Iraq Security Forces' current capacity and
their reliance on our Armed Forces.
We have moved the ball forward. Far enough? No. Do we need to move
further? Yes. But we have advanced toward a new direction and a new
policy

[[Page H5900]]

in Iraq. And in the months ahead, we will continue to fight for a new
direction in Iraq in the fiscal year 2008 defense appropriations bill
and other measures to be considered.
Finally, Mr. Speaker, let me say that I am very pleased that the
second amendment being considered will provide for the first time in a
decade a long overdue increase in the Federal minimum wage, as well as
additional funding for defense and veterans health care, and homeland
security, drought relief, the State Children's Health Insurance
Program, and gulf coast recovery. The Katrina provision is a critical
one.
Mr. Speaker, I will vote for both of these amendments, and I urge my
colleagues to do so as well.

{time} 1730

Mr. LEWIS of California. Mr. Speaker, I yield 2 minutes to my
colleague from Florida, the ranking member of the Defense Subcommittee,
Bill Young.
Mr. YOUNG of Florida. Mr. Speaker, I thank Mr. Lewis for yielding the
time. And I rise in very strong support of the warfighting
supplemental. Mr. Murtha and I have worked together very closely to
make sure that the numbers were what our soldiers and sailors and
airmen and Marines and Coast Guardsmen were what they needed as they
continue this battle in Iraq and Afghanistan.
The suggestions that I have seen today in the media that this
political group lost or this political group won, I don't believe
either one, any of those. The victory goes to the members of our
military who are going to have the funding that they need to make sure
that they have the equipment that they need and whatever else that they
need.
Something else that it does, it proves that the Constitution is good.
It proves that, by legislators working together along with the
executive branch of government, that we can come to a solution.
Mr. Murtha and I strongly support the dollars. We did disagree, and
there was no secret about that, on the language that he had originally
inserted. But we all worked that out. And during our many
conversations, we both agreed, and we both knew that we had to come to
an agreement, not only here in the House and in the Senate, but with
the White House. And that's what we've done.
And I think this is a good package, and I hope that for those who
might be wavering and thinking that they're not going to vote for this
warfighting supplemental, think about that, because it is a good
package, and it's one that I strongly support.
And I commend leadership on both sides for having been able to come
to this agreement and this compromise on a very good piece of
legislation.
I'm not sure if that's going to be amendment No. 1 or amendment No.
2, but whichever amendment it is, I hope that all of us will vote for
it and support it sincerely and aggressively.
Mr. OBEY. Mr. Speaker, I yield 1 minute to the gentlewoman from
California (Ms. Lee).
Ms. LEE. Mr. Speaker, I want to thank the gentleman for yielding, and
for your leadership.
In 2003, Congress approved a $78 billion supplemental. In 2004, it
was $87 billion. In 2005, it was $82 billion. In 2006, it was $72
billion, and now the administration wants almost $100 billion more.
Over 3,400 of our brave troops and countless Iraqis have died in this
occupation. The President has dug us deep in a hole in Iraq, and it
boggles my mind, boggles my mind that Congress wants to give him
another blank check to buy more shovels.
This occupation and civil war cannot be won militarily. Mr. Speaker,
how many will have to die before this House stops writing blank checks?
The American people are looking to Congress to end this failed policy
and to bring our troops home.
Two months ago, we went to the Rules Committee to try to get an
amendment to fully fund the safe and timely withdrawal of the United
States forces from Iraq. That is what we should be voting on today, not
to give the President another blank check. So I urge my colleagues to
vote against this bill.
Mr. LEWIS of California. Mr. Speaker, I yield 2 minutes to the
gentleman from Texas (Mr. McCaul).
Mr. McCAUL of Texas. Mr. Speaker, first I rise in support of this
bill, and I am pleased that our troops are being supported with the
funding necessary.
But I also rise in my capacity as ranking member of the Emerging
Threats Subcommittee of the Homeland Security Committee to make an
important observation about this supplemental appropriations bill.
The funding included in the prior supplemental that would have
provided $800 million for advancing the national strategy for pandemic
influenza are not in this supplemental. I'm perplexed as to how the
strategic threat to this Nation of a pandemic influenza outbreak
declined in the past 2 weeks. We all voted to include it then, and now
it is gone.
I bring this up to remind all of us that emerging threats are best
addressed with preparation before the outbreak. Once an outbreak
occurs, it is too late. I cannot tell you the day or week when the
pandemic influenza will occur, but all the experts agree that it will.
Our only strategy, therefore, is to prepare now so we will be ready
when it does happen.
We run catastrophic risks in delaying this pandemic influenza
preparation, and I strongly encourage the House to include this funding
in the next appropriations vehicle. The risks here are simply too great
to postpone our preparations.
Mr. OBEY. Mr. Speaker, I yield myself 1 minute.
Let me simply note that it was the administration that refused to
provide support for including funds for the pandemic flu challenge
facing the country. We have tried on this side of the aisle for more
than a month to include that funding.
I've even noted that it was the administration itself who originally
asked for that money, as an emergency, 2 years ago. And yet they
declined to support it and, in fact, insisted that it come out in this
negotiation, just as they insisted that funding for low-income heating
assistance come out.
So I certainly agree with the gentleman's suggestion that that money
ought to be in here. I said that in my own remarks. I also want it very
clear why it isn't.
Mr. LEWIS of California. Mr. Speaker, I reserve the balance of my
time.
Mr. OBEY. Mr. Speaker, I yield 1 minute to the gentlewoman from
California (Ms. Woolsey).
Ms. WOOLSEY. Mr. Speaker, the Democrats owe our majority to the
American public who voted us into power for one simple reason; they
trusted us. They trusted us to act boldly to hold this administration
accountable and to bring our troops home. So far, we're failing the
very trust that they've placed in us.
But, more importantly, every day that we allow this occupation to
continue, we are failing our brave young men and women, those who are
serving honorably and professionally in Iraq, and we are failing their
families here at home who are struggling to keep their lives and
families together, who are forced to worry whether their loved ones
will come home alive or actually in one piece.
Today is not an opportunity to claim victory or to give bellicose
speeches for partisan debate. Today is an opportunity to grieve for the
soldiers who have sacrificed their lives for this President who has
failed Iraq in his policies.
Today is a day to stand by our Nation's sons and daughters who suffer
through irreparable physical and mental wounds.
Vote ``no.''
Mr. LEWIS of California. Mr. Speaker, if I can get Mr. Obey's
attention, it is my understanding that, by considering the supplemental
in this highly unorthodox way, that the majority's new rule related to
earmarks does not apply to the two amendments that are under
consideration today.
I'm happy to yield to my friend, Chairman Obey, if he'd like to
respond.
Mr. OBEY. What's the gentleman's question?
Mr. LEWIS of California. It's my understanding that by considering
the supplemental in this way, under this rather unorthodox way, the
majority's new rule that's related to earmarks does not apply to the
two amendments we're considering today.

[[Page H5901]]

Mr. OBEY. Well, let me make two points. First of all, this is not all
that unusual. It was not done during the time that the Republicans ran
the House, but it was done often prior to that. All we have to do is to
take a look at the history of the Hyde amendment and take a look at
several other conference reports that were adopted, one in 1996, for
instance.
With respect to the two questions, or the question about the two
amendments, technically, it's my understanding that they do not apply
to amendments, or that the rules do not apply to amendments.
Mr. LEWIS of California. Well, just out of curiosity, Mr. Speaker, or
Mr. Obey, I wonder if there are any earmarks in this massive package
that went unidentified in the true spirit of that earmark disclosure
rule.
Mr. OBEY. To my knowledge, there are none.
Mr. LEWIS of California. Mr. Speaker, I reserve the balance of my
time.
Mr. OBEY. Mr. Speaker, I yield 5 minutes to the distinguished
gentleman from Pennsylvania (Mr. Murtha), the chairman of the Defense
Appropriations Subcommittee.
Mr. MURTHA. Mr. Speaker, I rise in support of this bill that Bill
Young and I worked out.
Let me say this to the Members: We did everything we could to work
this out. We worked diligently. We sent a bill to the White House. They
vetoed it. We've done everything we could do to change it.
I feel a direction change in the air. I see the Iraqis are starting
to talk about redeployment. I see the administration starting to talk
about other countries being involved. I see them asking the U.N. to get
involved, something that should have happened a long time ago. But the
point is, I see a new political diplomatic effort which is beginning to
take effect here that's going to make a big difference.
But, in the meantime, we have to fund the troops. They'll run out in
the next few weeks. They'll run out of money. There's no question about
that. We send our staff continually to find out exactly how long it'll
go. There'll be tremendous problems if we weren't to fund the troops.
And let me say what's in this bill. There's $94 billion for the
Department of Defense military, and $24 billion of that is for reset
and re-equipment; $7.7 billion for four critical initiatives; $1.1
billion for family housing allowances; $1.6 billion for strategic
reserve readiness. We're trying to change. We're trying to stabilize
the military.
We've already found with some of the work that we've done a couple of
billion dollars in contracting that we can use and divert, and Bill
Young and I were talking about this earlier today; $1.6 billion for
strategic reserve; $34 billion for MRAP. That's the new vehicle that
resists the IED attacks. Almost $2 billion in additional funding for
health care; we have funded the health care that was not funded last
year. We put extra money in for Walter Reed. We put extra money in for
care giving. We put extra money in for all kind of things.
But let me just say this: I saw the other day, to show you the kind
of problem we have, I saw the other day a young fellow who got 20
percent disability when he got out of the military. And then he went to
the VA, and he got 100 percent disability. But the point is, he gets no
health care for his family, and he has four children. So even though he
gets 100 percent disability and he's taking care of himself, and he'll
probably be paralyzed at some point because he's getting worse instead
of better, and these are the kinds of things we're trying to fix.
So we have several problems. First of all, we have the short-term
problem; we have to take care of the funding for the military for the
next 4 months. As Chairman Obey says, we need to take care for an extra
2 months from the original bill we passed.
Then we need to start to work on a nurse shortage. We're looking at
paying the nurses $25,000 more. We're looking at doctor shortages. We
are looking at an administrative shortage in the hospital. We, finally,
Bill Young and I worked, and we got General Casey going to all the
hospitals finding out what the shortages are. We've got a lot of work
to do here, and this bill starts us in that direction.
But let me just end this by saying, we're now in a position where I
see that, by September, we'll be able to judge. When we pass our bill,
and the 2008 bill will come up as a basic defense bill, then we're
going to hold the supplemental until September. By that time, we will
know that the surge is working or not working. And I predict, and I've
been right in every one of my predictions, that incidents are going to
continue to increase; oil production will not be above pre-war level;
and that electricity will not be above pre-war level. And incidents
will continue to increase, and more and more people will be killed by
IEDs.
So I do not wish for a bad result, but I see the administration
finally changing and finally recognizing this can't be won militarily.
I think we're moving in the right direction.
It's very painful because people are frustrated. They'd like to see
this thing over overnight. All of us are frustrated. But we have to
take what we can get, and I think here we have a good bill, as good a
bill as we could put together.
The two bills put together are good bills. I hope that everybody will
vote for both bills because one takes care of the troops and the
funding that's necessary, and the other takes care of all the other,
the change in direction that we're trying to get in the military.

{time} 1745

I would request that all the Members vote for both amendments to the
bill.
Mr. LEWIS of California. Mr. Speaker, I yield 2 minutes to the
gentleman from Louisiana (Mr. Boustany).
Mr. BOUSTANY. Mr. Speaker, I thank the gentleman for yielding.
I rise in support of this supplemental package. Obviously, we need to
get the money to the troops in the field, and, also, my State of
Louisiana needs these additional funds as well.
But I want to point something out that has not been discussed in the
debate. The President called for 10 new provincial reconstruction teams
for Baghdad. Upon arrival in Baghdad, General Petraeus has asked for
14, four additional PRTs. State and USAID cannot really adequately plan
to put this into effect. Particularly, they are phase 3, where they get
the personnel in position. So the much-needed money for the State
Department is in this supplemental. And for those of us who are
interested in seeing the political and economic side of our plan
enacted and successful in Iraq, it greatly depends on getting this
funding to the State Department.
So I urge our colleagues to support this supplemental package,
particularly those of you who are interested in the economic and
political side of this, because if we are going to push for
reconciliation, it is clearly critical to have these State Department
personnel on the ground providing that on-the-ground pressure to move
toward reconciliation in Iraq.
Mr. LEWIS of California. Mr. Speaker, I think now I can probably be
much more generous than I ever would have been and am happy to yield 3
minutes to the gentleman from Connecticut (Mr. Shays).
Mr. SHAYS. Mr. Speaker, I thank the gentleman for yielding.
We went into Iraq on a bipartisan basis, two-thirds of the House and
three-quarters of the Senate, and we need to leave on a bipartisan
basis enabling the Iraqis to stand on their own. And what I feel in
these two resolutions and legislation that we are passing is, it is
still Democrats basically saying this is the way we are going to
structure the debate. This is the way we are going to do it. Take it or
leave it. So we end up with this bifurcated piece of legislation that,
frankly, I don't think does justice to the process. And I want to be on
record on that.
I also want to say to my colleague on the other side of the aisle you
say, ``I predicted and I have been right 100 percent of the time,'' you
know what? That is debatable. Frankly, it is very debatable. And when
you talk about there are incidences here, and there will be incidences
there, if that is how we are going to judge this war, then we might as
well leave now. But why don't we judge it on economic, political, and
military efforts, not on incidences? Why not judge it on the fact that
in December we gave up on Anbar Province and now we are winning Anbar?
And it is clearly one of the most important provinces. It is totally
Sunni. It connects Syria to Baghdad.

[[Page H5902]]

This is the route to which insurgents have been coming from Syria.
They follow the river, and now we have tribes all along the way, Sunni
tribes, not Shia tribes, Sunni tribes that are saying, hey, who are
you? What are you doing here? And they are calling a stop to it. And
they are saying to us every time we meet with them ``Do not leave us.
You came here unwelcomed, but now do not leave us until you help us
stand on our own.''
And I fear, Mr. Murtha, that what we are going to do if your
predictions are right, and it is almost like you want to be right
instead of want to be wrong, if your predictions are right, and we will
leave too soon because of incidences, then we will have only ourselves
to be shameful of, not that we went in there, but because we deserted
them before we gave them a chance.
The political process, it is moving forward. Is it doing as well as I
would like? Some have described it to me this way: It is like a sixth-
grade dance. You had Sunnis, Shias, and Kurds, and they were all there,
but nobody danced. And now they are starting to interact with each
other. Now Sunnis and Shias and Kurds are saying to us collectively,
Please give us more time to work out our differences. It is not Shias
saying the Sunnis are doing this or the Sunnis saying the Shias are
doing this. Collectively they are saying, give us more time.
I think, they are at a point where if we give them time, you will
see, Mr. Murtha, that your predictions will be wrong. But if you don't
give them enough time, it is a self-fulfilling prophecy. Your
predictions will be right because you didn't give them a chance.
Let me conclude by saying we attacked them; they didn't attack us.
And I believe we have an absolute moral obligation to replace their
army, to replace their police, to replace their border patrol. I think
we have a moral obligation to give this political process a chance.
Mr. OBEY. Mr. Speaker, I yield 1 minute to the gentleman from
Pennsylvania (Mr. Murtha).
Mr. MURTHA. Mr. Speaker, let me say that the Iraqi Legislature is
going on a 2-month vacation. A 2-month vacation they are taking. We
have been there 4\1/2\ years. And the people that give us the report is
not Jack Murtha. The people that give us the report is the Joint Staff.
And if you read with real glasses, you see what is happening in Iraq.
You see incidents erupt. You see people getting killed. You see that
nine people were killed just yesterday. You see that the IEDs are
killing more people. More people were killed in the last 4 months than
at any other time during the war.
We are trying to help you. We are trying to change the direction. We
are trying to win it politically. We are trying to win this war. That
is what we are trying to do. You can't win it if you don't look at it
objectively. The gentleman is looking at it with rosy glasses instead
of looking at it realistically. He is not looking at it objectively.
Mr. LEWIS of California. Mr. Speaker, I yield 30 seconds to the
gentleman from Connecticut.
Mr. SHAYS. Mr. Murtha, they are not going to take 2 months off. They
will probably take less time off than this Congress has taken.
Mr. LEWIS of California. Mr. Speaker, I yield 3 minutes to the
gentleman from Missouri (Mr. Blunt), our minority whip.
Mr. BLUNT. Mr. Speaker, I thank Mr. Lewis for yielding.
All I can say, Mr. Speaker, is that it is about time that we got this
job done. Three and a half months to respond to our troops and to their
families is too long.
Frankly, I think if we had been interested in getting this job done,
most of us could have taken out a yellow legal pad and written 30 or 60
or maybe even as much as 90 days ago what the House would finally vote
on that would solve this impasse in supporting our troops.
While we have let this process drag on, the military has had to
cancel noncritical contracts, defer home station unit training
activities, defer any nonabsolutely critical orders for spare parts,
defer maintenance, put off summer programs that have affected spouses
and families while military personnel were assigned to Iraq, and that
is unfortunate.
What is fortunate is that we have come up with a bill that funds the
needs of the troops and sets benchmarks for the Iraqis. House
Republicans have been saying since January this bill needs to include
benchmarks for the Iraqis. I have been saying almost since that time
those benchmarks need to have consequences. We have done that in this
bill, and that is a good thing. We are requiring the Iraqis to step up
and do their part of the job.
Equitable distribution of oil resources is something that needs to
happen if this country is going to achieve stability. Establishing a
High Electoral Commission and establishing a deadline for regional
elections is something that we have been talking about since January
that tonight we are going to say the Iraqis have to do or there are
consequences. Militia disarmament is important here, as it is also
important, as you deal with the military, not to undermine the military
or change military leadership if they are doing the job that needs to
be done in ending sectarian violence. Protecting minority political
parties in Iraq is something that we are going to be monitoring. The
Iraqis have to come up with the brigades that they need to be part of
the operation that General Petraeus is leading. The President has to
certify these items. All these are things that many in this House have
been talking about for most of the 109 days this debate has been
dragging on.
It is time to bring this debate to an end. It is time to support the
troops. It is time to support their families and do the job that the
Congress needs to do rather than trying to figure out the job that the
commanders in the field need to do. They need to do what is necessary
to be successful. This is a step in giving them the tools to do that
and giving the Iraqi Government the incentive to be who they are
supposed to be.
Mr. OBEY. Mr. Speaker, I yield myself 1\1/2\ minutes.
The previous speaker just complained about the fact that this has
taken 110 days to finish. If I am not mistaken, he was the majority
party whip when his party controlled this Chamber last year, and it
took 110 days before the Republican-controlled Congress could get a
supplemental to the President. So I think it comes with considerable
ill grace for the gentleman to be calling the kettle black.
Let me also suggest that if there has been any delay whatsoever
associated with this process, it is due to two things: Number one, it
is a little thing called democracy. You know what? We don't have a
rubber-stamp Congress anymore. If we did have a rubber-stamp Congress,
we could have finished this in 1 day. But that is not what our
obligation is.
And, secondly, and even more fundamentally, any delay in the process
was not caused by the Congress. We had this job done 3 weeks ago. The
delay was caused by fact that the President blocked the funds going to
the troops when he vetoed the bill. So I would suggest that the
gentleman recognize where the true responsibility lies.
We have a right and an obligation to spell out what we think is in
the national interest of this country. Pardon me if it takes a few
days.
Mr. LEWIS of California. Mr. Speaker, I think it is appropriate that
the Republican whip respond to what would only be described as a so far
do-nothing Congress in connection with helping the troops; so I yield
him 30 seconds.
Mr. BLUNT. Mr. Speaker, I thank the gentleman for the 30 seconds.
And I would say in response to those questions, first of all, by
definition the last Congress must not have been a rubber stamp, or it
wouldn't have taken the time that you suggest this Congress sees as so
important to do the job.
And what the last Congress was doing was, one, trying to get a bill
the President would sign in circumstances that the Defense Department
said was dramatically different than this; and, two, eliminating $14.5
billion of spending that we didn't want and the President didn't want.
We didn't do that part of this job.
Mr. OBEY. Mr. Speaker, I yield myself 1 minute.
I intend to yield the remainder of my time to close debate to the
Speaker.
Before I do that, and before the gentleman closes with his last
speaker, let me simply thank the committee staff.

[[Page H5903]]

Let me thank the CBO staff, the legislative counsel staff, even the
White House staff, who worked with us to fashion together this package.
Regardless of how Members feel about it, it took a tremendous amount
of work by people whose names never get in the papers, whose pictures
never get in the papers, but who do their darnedest to see to it that
the will of this House is carried out with as much clarity as possible.
I appreciate their work. I appreciate their dedication to this
institution and this country.
Mr. Speaker, I reserve the balance of my time.

{time} 1800

Mr. LEWIS OF California. Mr. Speaker, I yield the balance of our time
to the Republican leader, Mr. John Boehner.
Mr. BOEHNER. Let me thank my colleague for yielding and say, thank
goodness that we're finally here.
Mr. Speaker, over 100 days trying to come to an agreement on how to
do the right thing for our men and women in the military fighting for
our freedom and our safety and our security right here at home. I ask
myself, why? What have we done over the last 100-plus days, and why has
it taken this long? And there is one image that keeps coming back to
me, and it's from my friend, the chairman of the committee, and it is
his favorite saying: There are a lot of Members who have been posing
for holy pictures over the last 100-plus days. The gentleman knows
exactly what I'm talking about.
Put yourself in the shoes of our men and women fighting in Iraq,
fighting in Afghanistan and elsewhere around the world. And think about
the message that we have sent them over the last 100-plus days. We sent
them there to do a job. We sent them there on a mission. And yet, for
the last three and a half months we had a debate going on here that has
undermined their efforts, lowered their morale and clearly sent the
wrong message to our allies and to our enemies. But thank goodness that
we're finally here.
We have no artificial deadlines. We have no surrender dates. We have
no shackles on the generals and our troops on the ground. We are going
to give our generals and our troops what they need to win in Iraq. And
winning in Iraq is important for our country. I don't believe that
there is a Member in this Chamber who doesn't understand that winning
in Iraq is important to our country. It has been difficult; mistakes
have been made. But think about why we went to Iraq. We went to Iraq to
get rid of a brutal dictator who was a threat to his own population and
to all of his neighbors. We succeeded.
We went to Iraq to eliminate weapons of mass destruction. Of course
they were shipped somewhere else. But we know that they were used
against their own Iraqi people. But they are not there. We went there
to help install a government to build a basic democracy in a part of
the world that has never known it. We are in the midst of it, and we
are succeeding.
It is al Qaeda, the sworn enemy of the United States, who wants to
kill us, who made Iraq the central front in their war with us. If we
don't take on al Qaeda in Iraq and defeat them, where will we draw the
line? Will we draw the line when they go into Saudi Arabia? Will we
draw the line when they try to decimate Israel? Or are we going to wait
and draw the line when we are fighting the terrorists here in America?
Think once again about those young men and women in our military out
there doing their duty for us. We, the Congress of the United States,
authorized the President to go to Iraq and to do what I've just
outlined. We sent them there. And this last 100 days, we've questioned
whether in fact we really should have done it. I think it is far too
late. They are there. They are on the ground. They deserve our support.
And, finally, tonight they are going to get the resources they need to
try to win the battle in Iraq.
Now let me just say something about the rest of this bill, the second
part of this bill that has some $20 billion worth of additional
spending, probably some $8 or $9 billion of nonmilitary, nonveteran
spending that does not belong in this bill. It may be well-meaning. It
may be well-intentioned, but it doesn't deserve to be put on the backs
of our men and women in the military serving our country. It deserves
to be done in a regular order.
When it comes to that part of the bill, I am going to have to vote
``no.'' To load this bill up with not only all the additional spending,
but we've got a half a dozen pension issues. We've got a minimum wage
issue. We've got a whole host of other issues that don't deserve to be
put on the backs of our men and women in the military. It is a sneaky
way to do business. I wish it was not in there. And on that portion of
the bill, I will vote ``no'' tonight.
But I am glad that we're here. I know that there are differences in
this Chamber, Members on both sides of the aisle who feel differently
about our mission in Iraq and our chances of success there. I know when
I came here and every 2 years since I've been here, on the opening day,
we all stand here; we raise our right hands and swear to uphold and
defend the Constitution of the United States. There are a lot of my
colleagues that have heard me make the statement that I didn't come
here to be a Congressman. I came here to do something. And I think at
the top of our list is providing for the safety and security of the
American people. That's at the top of our list. After 3,000 of our
fellow citizens died at the hands of these terrorists, when are we
going to stand up and take them on? When are we going to defeat them?
Ladies and gentlemen, let me tell you, if we don't do it now, and if
we don't have the courage to defeat this enemy, we will long, long
regret it. So, thank you for the commitment to get the job done today.
Mr. OBEY. Mr. Speaker, I yield the remainder of our time to the
distinguished Speaker.
Ms. PELOSI. I thank the gentleman for yielding, the distinguished
chairman of the Appropriations Committee.
Thank you, Mr. Obey, for your brilliance in bringing the legislation
to the floor that we have today so we can express ourselves on the
direction of this war, and at the same time, we have the opportunity to
meet the emergency needs of the people of America, the Hurricane
Katrina survivors, our farmers suffering from natural disasters,
children without health insurance, our veterans. Thank you for the
strong commitment you and Mr. Murtha and others have made to military
health, to veterans health and to BRAC. After 10 years of indifference,
we are raising the minimum wage for millions of our hardest-working
Americans. And with the passage of the provisions in the first piece of
this bill, the first amendment, we strengthen our country and address
the health and well-being of millions of Americans who have been
ignored again for too long. The new direction of Congress is keeping
its promise to them.
Mr. Speaker, we have two amendments before us, and I just spoke about
one of them. The other resolution, the other amendment about the war,
the President's request plus the Warner resolution, is really an
inkblot. We are all familiar with the Rorschach test; you look at it
and you see what you see. Some will see one thing; some will see
others. Some will see an opportunity, for the first time, for the
Republicans to say that accountability is needed on the part of the
President of the United States and on the part of the government of
Iraq. And so there are these benchmarks. But these benchmarks by no
means meet the obligation that we have to our men and women in uniform
if they can be as easily waived as they can be in this resolution.
The resolution that the Republicans put forth, I am really glad that
they finally admitted that there is a need for accountability. But what
they haven't done is met that need with something appropriate. This is
like a fig leaf. This is a token. This is a small step forward.
Instead, we should have a giant step forward into a new direction. So
when I look at this inkblot, I see something that does not have
adequate guidelines and timetables; something that does not have
adequate consequences; and something that does not have my support.
Democrats are proposing something much better.
Instead of a missed opportunity, we had hoped that the President
would have accepted our proposals, which we sent to him over and over
again, over and over again, meeting his request, and even doing more
for our troops, for our veterans, and for strengthening our

[[Page H5904]]

military in ways beyond the President's request.
We now have our troops engaged in a civil war. There are reports that
the Department of Defense has declared what is happening in Iraq to be
a civil war. The American people do not think that it is necessary for
us to be refereeing a civil war in Iraq. They want our focus to be on
fighting terrorism, retraining the Iraqis, protecting our diplomats and
our forces there, and that is exactly what Democrats have proposed.
Instead, we have a situation where, in refereeing and engaging in
combat in the civil war in Iraq, as the President has us doing there,
we have lost thousands of Americans. The number is hard to measure, but
everyone agrees, easily over 100,000 Iraqis. The cost to our reputation
and our military readiness is incalculable, but it is huge.
We think there should be a new direction. We think what we should be
talking about here today is a different vision for stability in the
Middle East and how our role in Iraq contributes to that. The generals,
including General Odierno, recently stated that any strategy for
success in Iraq must begin with the redeployment of our troops out of
Iraq. That is a general, a retired general, and his voice is echoed by
other generals as well. That, again, is what we are proposing, a change
of mission, a redeployment for a different purpose, fighting terrorism,
which is the threat to our national security.
The focus on Afghanistan must be reemphasized as that situation
becomes more tenuous.
If we went down the path that General Odierno suggests and which
Democrats have proposed over and over again, we would have a
drastically reduced need for American troops in Iraq. Our troops have
performed their duties excellently, excellently. Every opportunity we
get, we must honor them for their patriotism, their courage and the
sacrifices they and their families are willing to make. Time and again,
we do this. And as we go into Memorial Day Weekend, we do it again. And
we convey our condolences to those who have lost a family member in
Iraq, in Afghanistan or any of the other wars we have been engaged in.
And we have honored our veterans not just with words but with
actions. In the last couple of weeks, under the leadership of Chairman
Ike Skelton, Democrats put forth our Department of Defense
Authorization bill. And in that bill, it was dedicated to troop
readiness, with training and equipping our troops so that we don't send
them into harm's way at a disadvantage.
Mr. Skelton's bill also calls for a 3.5 percent raise in military pay
and a $40 survivor benefit to survivors of those who were lost in
battle. Do you know what the President said about that in his statement
of administrative policy? That that increase was unnecessary.
While yesterday, we had representatives of the veterans'
organizations, especially the survivors, telling us that a $40 increase
doesn't nearly go far enough to be commensurate with the sacrifice. We
could never match the sacrifice, but we should at least make a
respectable attempt at it. And for the White House to say a $40-per-
month increase for survivors of those who gave their life in battle is
unnecessary, unnecessary to whom? So if you want to talk about
supporting the troops, how about supporting the troops, our veterans
and their families?
Around the same time, Chairman Spratt brought to the floor the
Democratic budget. This budget has a $6.7 billion increase for our
veterans; $6.7 billion more than the previous budget; historic in its
increase, making veterans a priority, an investment in those who
sacrifice so much for us, an investment in honoring our commitment to
our veterans. And just this week, Chairman Chet Edwards of the
Appropriations Subcommittee on Military Construction and Veterans
Affairs put forth the largest increase in the VA in the history of the
Veterans' Administration, 77 years. This is to make up for some
promises not kept, but it is also to say, in our spending priorities,
even within the context of PAYGO, no new deficit spending, no increases
in the deficit; we put veterans at the top of the list and our military
at the top of our list.
This isn't about whether we support our troops. Of course, we support
our troops. We all demonstrated that over and over again.

{time} 1815

But it is about opposing this war.
This is not the end of the debate. We have to be here to bring this
bill to the floor so we can go forward. But this debate will go on.
There will be legislation on the floor in the next several months to
change the mission once again from combat to fighting terrorism,
training and diplomatic and force protection. Again, that would require
a greatly reduced U.S. force in Iraq, and coalition force as well.
We will have legislation to repeal the President's authority for the
war in Iraq, to repeal the authority that the President has for the war
in Iraq. We will have that vote.
We will have votes on Mr. Murtha's defense appropriations bills: one
of them the regular order defense appropriation bill; another one, the
supplemental that has been requested by the administration.
Mr. Speaker, I come to the floor today sad that the opportunity we
have has been missed. There is a recognition that we need
accountability, because the American people are demanding it. At least
70 percent of the American people say we have to have accountability.
So instead of putting accountability into the bill, we make a gesture
at it. We could have taken a giant step in a new direction. Instead, we
are taking a baby step. But, as I said, this is not the end of the
debate.
As we think about all of this, I would like to recall the words of a
philosopher. Hannah Arendt once observed that nations are driven by the
endless flywheel of violence, believing that one last, one final
gesture will bring peace. But each time they sow the seeds for more
violence.
That is what President Bush is doing in Iraq. That has been the
deeply flawed policy of President Bush.
Again, Democrats are proposing a new direction. I urge my colleagues
as we go forward, however you see the inkblot, however you decide your
vote, to join in listening to the American people in the coming days,
weeks and months, and bring this war to an end.
Ms. CORRINE BROWN of Florida. Mr. Speaker, I have never supported the
war in Iraq. From the very outset of the conflict, I have stood as an
ardent opponent of the war, and voted against the War Resolution, House
Joint Resolution 114, which ``authorized the use of United States Armed
Forces against Iraq,'' when it came before the House of Representatives
on October 8, 2002. I have argued from the beginning of this conflict
that the President intentionally misled the American public by
supplying them with spurious grounds for going to war.
I cannot, in good conscience, return to my district over the Memorial
Day recess having cast a vote to continue funding, and henceforth,
provide financial support for the continuation of this horrible war.
Moreover, the bill's lack of a timetable for troop withdrawal is not
acceptable. This is a war without any end in sight, without any sort of
deadlines or oversight, and the administration will continue to throw
away billions and billions of dollars in this conflict if we cannot
pass a bill with timelines or restrictions.
Clearly, the November midterm elections demonstrated that the
majority of the American public is bitterly opposed to the war in Iraq.
Just today in fact, a New York Times/CBS poll showed that ``over 61
percent of Americans say that the United States should have stayed out
of Iraq, while over 75 percent say that things [in Iraq] are going
badly'' (New York Times, May 24, 2007). I stand with the American
people today, and although I wholeheartedly support our troops, I
cannot support a bill to continue funding a terrible war while the
White House refuses to accede to readiness standards or any other
measures that restrict their oil war in Iraq.
It is estimated that we have already spent over a trillion dollars of
taxpayer money in Iraq. This is funding which we could be using for
social services for our own citizens. Indeed, important items like
education, prescription drugs, health care and homeland security goes
underfunded while a disastrous war, unwillingly being paid for by U.S.
taxpayers, wages on.
And yet the administration continues to request blank checks to be
used at their discretion. A perfect example of this is the money sent
over there in the period, between May 2003 and June 2004, when our
military was carrying huge, wrapped stacks of $100 bills over to Iraq--
$12 billion total--in cash. This money was sent over there without
oversight, without any sort of accountability, and many are now worried
that the same insurgent groups that are battling against our troops may
have bought their weapons with this money. And the argument put forward
by the

[[Page H5905]]

Bush administration for sending money over in this way was that Iraq
was without a functioning banking system. This utterly ludicrous
reasoning is nearly as preposterous as their lies and poor reasons for
going to war in the first place, like scaring the American people into
believing that Iraq had weapons of mass destruction, which, to this
day, have not been discovered.
President Bush has asked for a blank check and the American people
have stamped his account ``insufficient funds.''
Mr. LEVIN. Mr. Speaker, voting ``no'' today will not bring home the
troops during the next four months. The President is determined that
the troops remain during this period. The danger is that cutting the
funds could leave our troops in Iraq without the necessary equipment,
including equipment vital for their safety. It is so difficult to watch
the deaths of so many brave American soldiers. Until we can force the
President to bring them home, we must give them the equipment they need
to keep them safe.
So de-funding this supplemental will not shorten the war but could
endanger the safety of our men and women in uniform. This is the issue
confronting those of us, like myself, who actively opposed going to war
in the first place 4 years ago, and who have voted time and again since
then to press the White House and the Iraqi government to achieve a
number of key benchmarks so our troops can come home. The Iraqi
government has to finally step up and make some difficult political
decisions and end the sectarian violence that is tearing their country
apart.
The benchmarks contained in this bill are important, but they would
be much more effective if they were backed up by a realistic timetable
for the redeployment of our troops if the benchmarks are not met. The
House and Senate approved just such a bill last month, but the
President vetoed it and there were not enough votes in either the House
or the Senate to override the President. Everyone should understand
that it was not for lack of Democratic votes that we were unable to
force the President to change direction on Iraq. The problem is that it
takes a two-thirds vote of the House and Senate to override a
Presidential veto and only a handful of Republicans were willing to
vote with us.
This bill contains funds to provide our troops with body armor,
vehicles designed to withstand improvised explosive devices,
countermeasures to roadside bombs and mines, and medical care to treat
their injuries. Again, voting no on the bill today won't force the
President to withdraw our troops from Iraq; it just means our troops in
Iraq and Afghanistan won't get the resources they need to protect
themselves. Voting no would also cut off funding needed to sustain our
military and political efforts in Afghanistan. This is an area that
many of us feel deserves more attention and resources, not less.
It is critical that today's vote is not the end of this debate. The
funds provided for Iraq in this bill run only through September. In the
weeks ahead, there will be other opportunities for Congress to change
the direction of this war, to hold the Iraqi government and President
Bush accountable, and bring our troops home. The legislation we need to
debate and pass is one that essentially deauthorizes our current
military involvement in Iraq and provide a responsible timeline for the
orderly redeployment of our forces. I regret that this is not the bill
before us today, but we will have this debate in September. At that
time, I hope that more of our Republican colleagues will join us in
voting to change the President's policy on Iraq.
Mr. UDALL of Colorado. Mr. Speaker, I will vote for this supplemental
appropriations bill today, but like many Americans who want to see an
end to the war in Iraq, I am not happy about it.
In fact, I am deeply frustrated and saddened by the prospect, but I
also am compelled by my conscience to this vote.
On Monday, Memorial Day ceremonies throughout Colorado and across the
country will honor the men and women in uniform who have paid the full
measure of devotion to duty in all of America's wars.
But as long as the war in Iraq goes on, every day will be Memorial
Day.
Already, more than 3,400 of our servicemen and servicewomen have died
in Iraq, and more will die before we withdraw our troops. Just last
Friday, for example, 33-year old SFC Scott Brown of Windsor, Colorado,
and 27-year old SGT Ryan Baum of Aurora, Colorado, were among them.
A friend of Ryan's family told reporters, ``Ryan never wanted to be
known as a hero, he just did his job.'' In fact, he did his job--and he
is a hero.
This is not a heroic day in Congress, but as his comrades are
faithful to their responsibilities, we must be faithful to ours.
And one of those responsibilities--even for those of us who have
opposed this war--is to support those brave comrades as they continue
to do what the President has ordered them to do.
And now, today, all of us in the Congress face a dilemma that I
foresaw 4 years ago--when President Bush first sent our forces into
Iraq: having to choose either to take the guns out of the hands of our
soldiers in the field or to let the President move forward with a
misguided and reckless policy.
Cutting off funds for supplies and equipment for our troops is one
way, of course, to bring this war to an end, and I understand why many
Americans believe Congress should do so. But the more responsible way
to end this war, in my opinion, is to change our policy, and to avoid
making an already bad situation worse.
I opposed the Bush administration's decision to launch a pre-emptive
war in Iraq because I believed it would be a diversion from our larger
post 9-11 strategic objectives and I was not convinced that the
President had an adequate plan and enough international support to
secure and stabilize Iraq after overthrowing its regime.
I said at the time that getting into this war would be far easier
than getting out. I wrote in March, 2003 that ``success in Iraq is not
just about eliminating Saddam Hussein. . . . Success in Iraq also means
managing the ensuing social chaos, keeping a lid on the Middle East
powder keg, thwarting terrorist attacks at home, and occupying and
rebuilding Iraq--and doing all of this when our own economy is
faltering, energy prices are rising and domestic priorities like health
care and education are crying out for attention.''

So, I offered my own resolution to slow the rush to war in 2003 and
argued for a program of coercive inspections that would have uncovered
the truth about weapons of mass destruction before shedding American
blood.
When that was rejected, I voted against authorizing the President to
send our forces into Iraq--and today, more than ever, I am convinced
that my vote against the war was the right vote.
Congress, nevertheless, voted to give the President the authority to
go to war, and he has used that authority, to disastrous effect.
I have worked to extricate us from the ongoing disaster. I was among
the first in Congress to call for an exit strategy from Iraq. I have
introduced legislation, cosponsored legislation, spoken out with my
colleagues, published articles, traveled to Iraq to better understand
the challenges we face, and asked tough questions of our military
leaders during Armed Services Committee hearings. And I continue--every
day--to pressure this administration in every way I can.
I firmly believe that our challenge is to withdraw from Iraq
rapidly--but responsibly. For me, the debate today should be about how
to carry out a responsible withdrawal. And that is the point on which I
find myself disagreeing with many whose passion to end this war I
respect.
They argue that the best way to get out is to vote today to cut off
funding for our men and women in uniform, and in harm's way. I
respectfully disagree, because that would sacrifice a responsible exit
in favor of a rapid one--and in good conscience, I cannot support that
anymore than I could support the reckless way we were led into this war
in the first place.
I think responsibility demands that we provide the funding necessary
to keep the many thousands of brave Americans now in service in Iraq
supplied. With our troops stretched thin, forced to perform longer
tours of duty and short of equipment and supplies, funding for the
immediate needs of these men and women in uniform cannot be held
hostage to disagreements about the folly of Bush administration
policies.
Make no mistake--I have no doubt that the President's policies have
brought our country to the brink of a national security crisis. I am
angry that the President still refuses to accept a supplemental funding
proposal for Iraq and Afghanistan that provides real accountability
measures for ending the Iraq war. I voted to force him to adopt a
different course, and when he vetoed that legislation, I voted to
override that shortsighted and stubborn exercise of Presidential power.
Unfortunately, and primarily because of the misguided loyalty of
members of the President's party, that override effort failed, which is
why we are considering the legislation now before us.
I did not choose the wording of the bill that we are considering
today. It is not the bill that I would have written. But it will
provide the essential funding to support and protect America's sons and
daughters who are in Iraq right now doing everything we have asked of
them and putting their lives on the line every day.
But another part is to bring pressure to bear on this administration
to end this war because I don't want any more young dedicated Americans
to lose their lives in this war. I want to bring them home.
So far, that pressure has not been enough, as was shown by the
President's veto of a bill that fully funded our troops, held the Iraqi
government accountable, and demanded that the

[[Page H5906]]

President change course and bring the war in Iraq to a responsible end.
It is abundantly clear that he is not prepared to adopt a better
course--and as long as we lack a sufficient majority to override his
veto, we Democrats can't force him to do so without Republican support.
But I will persist, because I think it is up to those of us who
opposed this war in the first place to show the way forward.
That is why, after the Memorial Day recess I will introduce
legislation that implements the recommendations of the Iraq Study Group
and provides a foundation for the phased withdrawal of American troops
out of Iraq beginning in March of next year. So far over 40 Members of
Congress--both Democrats and Republicans--have agreed to cosponsor this
legislation.
I am hopeful that this bipartisan effort will lead to more such
efforts. Republicans and Democrats alike believe that this fall is key
to the future of U.S. military involvement in Iraq. By then, another
funding package will be up for a vote, General Petraeus will be
reporting back on the progress of the ``surge,'' and we will have other
indications of progress on benchmarks based on reports that the
administration will be forced to produce as part of this supplemental
funding bill.
I commit to continuing to do what I can every day to bring this war
to an end. Today, I believe the responsible thing to do is to provide
needed funds for our men and women in uniform with this bill, which
also includes benchmarks for the Iraqi government--an indispensable
step toward having Iraqis begin to take responsibility for their own
country's future.
Mr. CONYERS. Mr. Speaker, I rise in strong support of the first
amendment before us, and in strong opposition to the second.
It is unfortunate that we have come to this point today. This House
has already passed two supplemental war funding bills that would set in
motion the change of course in Iraq that the American people have
demanded of us. The first was vetoed by the President; the second
failed in the Senate. Last week, Democratic leaders met with the
President and offered to drop all domestic items in the supplemental if
the administration would accept meaningful benchmarks and timelines for
ending our involvement in that civil war. He refused.
We are now left with the Senate-passed plan, which gives the
President the funds he requested, accompanied by a much weaker set of
benchmarks than those passed by the House. Some have cited the
inclusion of these benchmarks as a step toward ending 6 years of
Congressional blank checks for the President's war. While these
benchmarks may be a step in the right direction, they are too small of
a step. I will vote against the second amendment we are considering
today.
However, I will support amendment No. 1 to the Senate amendment to
H.R. 2206. This measure will provide emergency funding to address
critical needs here at home. It includes additional funding for the
State Children's Health Insurance Program to prevent many thousands of
poor children and some of their parents from losing health coverage, as
well as increased spending for Gulf Coast hurricane recovery. It also
provides more funding for our veterans' health needs, with additional
funding set aside specifically to address traumatic brain injury, one
of the most common and devastating injuries our soldiers are suffering
in Iraq. The amendment also codifies the raise in the minimum wage that
the House originally passed during the First 100 Hours of the 110th
Congress. The value of the minimum wage is at its lowest level in more
than 30 years, and raising it will provide much-needed help to many of
America's financially-strapped working families.
I find it unconscionable that the President and some Congressional
Republicans have derided these provisions as ``pork.'' Each of these
issues is an emergency in its own right and rises to the level of
inclusion in this emergency spending bill. I am proud to support them.
In September, as these funds expire, the Congress will once again
have to decide what course of action to take on this war. The rule we
passed for consideration of this bill requires that before we vote on
another supplemental bill in the fall, we must vote on whether the
funds appropriated therein be limited to the safe redeployment of our
troops on a responsible timetable. It is my hope that when these votes
occur in September, many more of my colleagues on the other side of the
aisle will have come to their senses and realized that the civil war in
Iraq cannot be ended by further American military involvement. I am
confident that if the American people continue to voice their strong
opposition to the President's failed policy in Iraq, enough Republicans
will join with us to override future vetoes and end this misbegotten
war.
Mr. HALL of New York. Mr. Speaker, I oppose the war in Iraq and I
have always said that I would vote for additional war funding only if
the bill contained a firm, responsible timeline to redeploy U.S. troops
out of Iraq. On those grounds, and in accordance with the overwhelming
sentiment I have heard from the people in my district, I could not in
good conscience vote for the funding bill brought before the House this
evening.
Mr. VAN HOLLEN. Mr. Speaker, today I voted against the 2007
Supplemental War Funding Bill. I opposed the bill not for what it
contained--but for what it lacked. The bill lacked strong
accountability measures for the Iraqi government and omitted readiness
standards to ensure that deployed troops are fully prepared and
equipped for duty. While this bill represents an important step forward
from where we were before the election, it does not go far enough. In
the last election, the American public made clear that they wanted a
change of direction in this war. This is not change enough.
On May 1, 2003, the day the President declared an end of hostilities
in Iraq and Afghanistan, there were 142,000 American soldiers in Iraq.
Today there are 155,000. On that day there had been 138 American
casualties and 542 wounded in Iraq. Today the number of casualties is
3,476 and the number of wounded is 25,225. The Iraqi people have also
suffered. The estimated number of Iraqi civilians killed by violence
since May 2003 is between 53,000 and 63,000. The bill voted on today
does little to reverse this course.
The Congress sent the President a bill that would have begun the
process of changing worsening conditions in this war by holding the
Iraqis accountable for taking the steps necessary to achieve political
reconciliation and greater stability. The bill also provided additional
funding to go after Osama bin Laden, the Taliban and al Qaeda. By
vetoing that bill, the President missed an opportunity to change
direction in Iraq and complete the job in Afghanistan.
By vetoing that bill, the President said ``no'' to ensuring that our
troops had the training and equipment they need. By vetoing that bill
he said ``no'' to ensuring that we hold the Iraqi Government
accountable to the benchmarks which the Bush administration and the
Iraqi Government have said are absolutely necessary to achieve
political stability in Iraq.
We voted to give our troops every penny the President asked for and
more. We also insisted on accountability to protect our troops. The
President wanted the money without adequate accountability. Our troops
deserve better and so do the American people.
Mr. KENNEDY. Mr. Speaker, I have and will always support our troops.
I have grieved with their families when they have fallen in battle. I
have visited them in the hospitals and watched as they recover from
some of the most devastating injuries any human could endure. As a
member of the Military Construction-Veterans Affairs Appropriations
Subcommittee, I joined my colleagues earlier this week in passing the
largest increase in veterans' health care funding in 77 years. I want
our soldiers and marines in Iraq and Afghanistan to never doubt that
their country values their sacrifices and will always be there for them
and their families, whether in battle or when they come home.
This bill, however, does not honor nor protect our troops. Without
accountability and a clear change in policy, this bill simply becomes
another blank check for President Bush to continue waging this war
without regard to reality or the demands of the American people. The
Congress has an obligation to provide our troops with the funding they
need to succeed, but it is under no obligation to support a policy that
leaves our troops trapped in the cross fire of a civil war.
This Administration's disregard for the reality in Iraq, for what a
clear majority of Americans now demand, and what is in the best
interest of our long-term national security has gone on for too long.
This is a vote to make clear that the Congress will not sit idly by as
more American soldiers and marines are sucked into the quagmire of
Iraq. It is long since past time to begin bringing our troops home.
American blood cannot be a substitute for Iraqi political will.
The Administration's mishandling of the war in Iraq has brought us to
this point, and the Administration's determination to save face at all
costs has again denied our troops a policy that takes full measure of
the sacrifices they have made.
I cast this vote with a heavy heart. The White House has been playing
a reckless game of ``chicken'' when it comes to our troops, but neither
the Congress nor the White House will ever bear the true burden. Our
troops and their families shoulder the true grief and pain of
suffering.
The Administration has been served notice. It's my hope that this is
only the beginning of Congressional efforts to force the Administration
to face reality.
Mr. HOLT. Mr. Speaker, I rise today in opposition to this bill. We
cannot provide a blank check to this President regarding our
involvement in Iraq.

[[Page H5907]]

I've heard a lot of talk about September--that it will be clear by
September whether or not the ``surge'' is working. I've heard these
comments even as this week the press has reported that another, little
publicized ``surge'' is already underway--one that when completed will
result in some 200,000 American troops being on the ground in Iraq
before the year is out. We know now the ``surge'' is not working.
I cannot vote to provide this President with more money to send more
troops to try to quell Iraq's civil war. I remind my colleagues that in
less than a month's time, Iraq's parliament is going to adjourn for
most of the summer, taking a two month vacation while American kids are
left to dodge sniper fire and IEDs. Where are the Iraqi security
forces? What happened to ``As they stand up, we'll stand down?''
This month, the Defense Department reported a total of 337,000 Iraqi
police and soldiers had been trained and equipped. They now outnumber
our troops by two to one. Yet the administration has repeatedly refused
to give the House Armed Services Committee information on the training
program for Iraqi security forces and how their unit readiness is
assessed. I suspect Secretary Gates is holding back those answers
because he knows we're going to ask what we have bought with the money
we have spent on Iraq's security forces--more than $15 billion. But I
think most of us know what that $15 billion has bought us: an Iraqi
security force that is corrupt, sectarian, infiltrated by insurgents,
and hopelessly ineffective.
We can't keep ratifying a failed policy; that's not what the American
people expect or need from us. I urge my colleagues to oppose the
resolution.
Mr. KAGEN. Mr. Speaker, as your Congressman, I'd like to share with
you the difficult reality our Nation faces in the religious civil war
in Iraq. The truth is things are bad in Iraq and getting worse--with no
end in sight.
After 4 years of conflict, with more than 3,400 courageous American
soldiers dead--and counting--with more than 650,000 civilians killed,
and after spending billions and billions of our hard-earned tax dollars
on private no-bid contractors, the Iraqi government is still not
standing up to help themselves.
I was shocked to learn that \1/3\ of the elected Iraqi government
does not even live in Iraq--they live in London, England--even as our
own children are being killed in their centuries-old religious civil
war. And their parliament, well, in the middle of a war--they're about
to take a 2-month vacation--even as our children continue to make the
ultimate sacrifice.
Unfortunately, today's vote cannot, and will not, end this war,
because we do not have enough democratic votes to overcome the
president's veto. And make no mistake--Iraq is President Bush's war--
and he is the only one, today, who can stop it.
The current commander of our forces in Iraq told Congress the civil
war in Iraq cannot be won militarily--it can only end with a political
solution, not a military one.
I have been working hard to find a way home for our troops, and I
have supported every effort to improve the safety and readiness of our
soldiers, to guarantee they receive expert medical care when they come
home, to increase their pay, and to deploy our forces away from Iraq--
and back after al Qaeda. But, the President vetoed, or threatened to
veto, all of our attempts to support our troops. In my opinion, the
President is unable to see and hear the realities on the ground in
Iraq. Plainly put, Congress cannot follow a President with poor
judgement--period. Enough is enough.
I have been listening to many Wisconsin veterans at the American
Legion, the veterans of foreign wars, and to parents and grandparents
of fallen soldiers. Military veterans from Appleton to Green Bay, from
Ashwaubenon to Pulaski, and from Waupaca, Clintonville, Shawano and
Marinette have shared their feelings with me.
Please, just for a moment, listen to their heartfelt thoughts:
``We need to get our boys home.''
``We went in with not enough troops.''
``It is just like Vietnam.''
``This war can never be won--we don't belong there.''
``We all back our troops--but not this dumb policy.''
``Our President has a complete disregard for humanity.''
``We need a President who really believes in diplomacy.''
``The President will not listen to ordinary people, and he does not
understand when he is wrong.''
Today, I voted to support our troops by protecting them from a
President who cannot understand reality. I support our troops, but not
this failed policy.
Finally, allow me to share with you the pain of a grandmother whose
grandson perished in Iraq: ``Oh, Steve. It is so hard to talk about. He
was such a bright young man. He wanted a college education and was
going to use the money he was being paid to go to school.
Where is this war getting us? We got Saddam. Let's bring our military
home.
I have another grandson ready to go over to Iraq. Let the higher-ups
send their kids to Iraq. I don't want to see it happen to anyone else.
Enough is enough.''
And remember this: The vote today was not about ending the Iraqi
civil war. it was about supporting our troops by protecting them from a
President who cannot understand reality. Congress cannot continue to
give a loaded gun to a President with poor judgement. I will always
support our troops, but not this failed policy. I believe there is a
better way to do things in America. By working together, we will find
it as we build a better and more secure nation for all of us.
Thank you for listening, and God Bless America.
Mrs. MALONEY of New York. Mr. Speaker, today we are considering
funding legislation for the war in Iraq which unfortunately does not
include the timelines for bringing the troops home that I and many of
my colleagues have supported previously. While I strongly believe that
we must provide the troops with the resources that they need to do
their jobs, I cannot support an amendment that would leave them in Iraq
indefinitely.
The intent of the benchmarks included in this amendment seems to be
to send an important signal to the Iraqi government that it must make
progress on the political, economic, and security fronts. I know that
we all want to see that happen, but it is up to those of us in Congress
who are committed to ending this war to ensure that the administration
and the Iraqi government realize that we, and the American people, will
not accept any more blank checks or false promises.
I do intend to support the amendment that will be offered to provide
more than $20 billion for several key domestic items that have been
part of the Democratic Majority's agenda. This amendment includes $1.8
billion for veterans' health care as well as funding for military
health care, children's health care, and Hurricane Katrina recovery
efforts. I am very pleased that this amendment includes the minimum
wage increase that millions of hard-working Americans have been waiting
on for a decade. I also want to commend Chairman Obey and the
Appropriations Committee for including $50 million for Ground Zero
workers and responders who risked their lives and are now suffering
devastating health effects because of their brave service following the
9/11 terrorist attacks. I urge my colleagues to support this amendment
so that we will provide long overdue relief to those Americans who need
it.
I am pleased to note that the rule, which I supported, that provided
for consideration of these amendments ensures that before any further
supplemental appropriations bills to fund the war can be considered, a
vote must occur on legislation to redeploy U.S. troops from Iraq.
I am disappointed that the bill that will be sent to the President
does not set out a clear path to end the war in Iraq. However, I and my
colleagues who agree on this issue will continue to work for what the
American people overwhelmingly voted for in November: a new direction,
both in Iraq and at home.
Mr. PRICE of North Carolina. Mr. Speaker, today we are asked to vote
for a fourth time in 2 months on legislation to provide funding for the
ongoing military mission in Iraq.
The tally of this vote will reflect the dilemma facing this Congress
as well as the American people. We are torn by two deeply held
sentiments: on the one hand, we support our troops and want to make
sure they are protected and supported in the field of battle; on the
other hand, we are frustrated by a failed war policy and a President
too stubborn to change course.
I voted against giving the President the authority to wage war in
Iraq. I have introduced legislation to place a termination date on that
authorization and to require the President to formulate and execute an
exit strategy. But I have consistently voted for bills to fund the war
effort because that funding is essential to our troops in the field.
Over the last 2 months alone, I have voted three times for funding for
the troops in different versions of a supplemental appropriations bill.
But I will not vote yes today.
In addition to funding troop needs, the previous versions of the
bill--despite differences among them and the compromises they
contained--would have made substantial progress toward bringing this
war to an end. The legislation before us today takes some modest steps
forward by including benchmarks for progress for the first time and
requiring the administration to report on whether its strategy is
achieving them. Unfortunately, however, it does not advance us nearly
far enough toward ending this war and putting Iraqis in charge of their
own governance and defense.
The progress the bill does make has been the result of the pressure
brought to bear by

[[Page H5908]]

the prior supplemental votes. I will be voting against this bill as a
way of helping maintain and increase that pressure.
Let no one mistake the significance of the vote we take today. This
fourth vote is not primarily about material support for the troops--
every Member of this body supports our troops. This vote is
fundamentally about the future of our policy in Iraq.
Even if this bill were to fail today, the result would not be a cut-
off of funding for the troops. The result would be to force the
administration to give ground it should have given long ago, and that,
sooner or later, I believe it will be forced to give by this Congress.
There is nothing about our military strategy that can solve what are
fundamentally political and sectarian conflicts among Iraqis. Military
and intelligence leaders have consistently declared that the solution
in Iraq will be political and diplomatic in nature, not military. We
have increasingly asked the military to work toward goals that military
force cannot achieve: political agreements between intransigent Iraqi
leaders, equitable sharing of power and resources, and an end to
sectarian-based civil war. In the meantime, our presence has become a
provocation for insurgency and a magnet for international terrorism.
We have, in short, left our troops in an impossible situation. I am
not willing to vote to fund their operations without at the same time
compelling a change in policy that will bring them home.
The struggle to change the U.S. course in Iraq is not over. The
American people are speaking loudly and clearly. Our efforts over the
last 2 months have moved the debate in the right direction, and we will
continue exerting pressure on the administration to alter its course in
the days and weeks to come as we consider other legislation related to
the war. In fact, it should not escape notice that we also passed today
a resolution requiring consideration of legislation in September that
would require an end to the occupation of Iraq.
Our goal in considering the President's supplemental appropriations
request was to confront the President over his failed policy and to
force a change in course. Even as this supplemental legislation likely
passes into law, we can be confident that we have taken important steps
toward this goal. We have demonstrated to the administration that it
can no longer proceed with its failed policy unaccountably. While many
in the House and the other body, where the power of filibuster can be
used to obstruct progress, have resisted efforts to craft a more
effective Iraq policy, the President and his allies in Congress have
been put on notice that the tide is turning.
I regret that this bill will not immediately bring the change to our
Iraq policy that we so desperately need. But it does represent one more
turn of the screw. The President should recognize that a growing number
of Members of this Congress, and a clear majority of the American
people, will continue boring deeper toward the heart of his failed
policy. And we will not stop pressing until our troops begin to come
home.
Mr. STARK. Mr. Speaker, today is a sad day.
Decades ago, I ran for Congress because I opposed the War in Vietnam.
After arriving in Washington, I carried out the will of my
constituents, repeatedly voting to stop funding the death of American
troops and Vietnamese civilians.
More than 4 years ago, I voted against the original resolution
authorizing the President to take unprecedented preemptive military
action against Iraq. In the years since, I have consistently opposed
the President at every turn, always voting to deny him the funding he
requested to continue his failed War in Iraq.
Last November, the American people delivered a loud and clear message
to their representatives in Washington. In electing a Democratic House
and Senate, the public demanded a new direction in Iraq.
Today, however, we're staying the course.
The supplemental before us includes no deadlines for troop withdrawal
and no enforceable benchmarks for holding President Bush accountable.
In other words, there is no way I--or the overwhelming majority of my
constituents--would ever support it.
We can't go on like this, killing our troops and Iraqi civilians--and
wasting tens of billions of dollars that would be better spent on vital
domestic priorities like education and health care.
You know who supports this bill? President Bush and Republicans in
Congress who refuse to acknowledge either the Shiite-Sunni civil war or
our lack of progress in Iraq.
I strongly urge my colleagues to remember who sent them to
Washington. It wasn't President Bush; it was America's voters. They've
made their opposition to this war clear. It's time for Congress to do
the same.
Mr. LANGEVIN. Mr. Speaker, I rise in reluctant opposition to the
supplemental spending measure before us. Though I originally voted
against giving the President authority to invade Iraq in October 2002,
I supported every supplemental appropriations bill since then because I
believed that, irrespective of how we might feel about our operations
in Iraq, we must stand together in support of our troops in the field.
Those spending bills provided much-needed body armor, up-armored
Humvees and lED jammers and helped our men and women and uniform as
they undertook challenging and often unconventional missions.
However, in the last 4 years, the situation on the ground in Iraq has
changed, and we must adapt our strategy accordingly. We can no longer
allow our military to referee what has become a civil war. The
underlying causes of violence are now primarily sectarian in nature and
can only be resolved by the Iraqis--a conclusion that nearly all
foreign security experts accept. Consequently, we need a new approach
that will support the Iraqi political process to end sectarian
divisions in Iraq, help rebuild the economy and infrastructure, and
promote maximum diplomatic efforts to bring an end to the violence. We
can meet these goals by redeploying our troops out of Iraq--allowing a
limited U.S. military presence solely for training Iraqi Security
Forces, protecting our citizens and interests and hunting down al Qaeda
and combating terrorism.
Earlier this year, the Democratic-led Congress passed a supplemental
spending bill that would have demanded accountability of the Bush
Administration and set the groundwork for bringing our troops home.
Despite Americans' strong dissatisfaction with his handling of the war,
President Bush vetoed that measure. I am deeply disappointed with that
decision and with his subsequent unwillingness to work with
congressional leadership on a true compromise that funds the needs of
our troops while pursuing a new strategy for success in Iraq. The bill
before us today does require that the President certify that Iraq is
making progress in attaining certain benchmarks--a provision that will
help Congress conduct greater oversight. However, it falls short of the
accountability requirements in the earlier House-passed measure and
gives the President far too much authority to continue prosecuting a
war that has been mismanaged from the start by the civilian leadership.
Despite my past support of supplemental spending bills, I simply cannot
vote for the measure before us today. If we do not shift our mission in
Iraq from a military approach to a comprehensive diplomatic and
economic one, we run the serious risk of damaging the readiness of our
military, doing long-term harm to our armed forces and endangering our
national security. I will vote today to support our troops, and the
best way we can do that is by getting them out of a civil war and
bringing them home.
Ms. DeGETTE. Mr. Speaker, I rise in opposition to the amendment to be
voted on today which will provide supplemental funds for the war in
Iraq.
As I have said before on the floor of the House, it is time we ended
our military involvement in Iraq. We are not making progress, despite
losing thousands of lives, expending years of effort, and spending
hundreds of billions of dollars. This is a viewpoint shared by the vast
majority of the American people.
I strongly support our troops and understand we must provide
resources for them in the field. However, today's amendment continues
the President's failed policy in Iraq by not holding him accountable to
his own benchmarks for success and failing to set a timetable for the
redeployment of our troops. Although the amendment ties non-military
aid to the Iraqi Government's progress in meeting certain benchmarks,
the President can waive the requirement.
Spending billions on the war in Iraq without providing a prescription
for withdrawal or benchmarks with meaningful consequences for the Iraqi
Government, as the amendment before us would do, does our troops and
our entire Nation a disservice. It suggests that we will continue this
war without end or without putting meaningful pressure on the Iraqi
Government to do its fair share.
Unfortunately, President Bush and most Republicans in Congress
believe that this is exactly what we should do. President Bush vetoed
H.R. 1591, which imposed benchmarks with real consequences on the Iraqi
Government and mandated that our military forces would have left Iraq
by August 2008. So far he has refused to accept any major changes in
his Iraq policy,
If President Bush continues to be intransigent, Congress has the
responsibility to use its spending power to truly make a meaningful
change in the direction of the war in Iraq. The amendment under
consideration does not do that and I ask my colleagues to vote against
it.
Mr. MARKEY. Madam Speaker, it is with a heavy heart that I come to
the floor today to debate funding for President Bush's war in Iraq, yet
again, as more innocent Americans and Iraqis fall victim to a horrible
and debilitating violence that has not only torn Iraq apart, but
threatens the stability of the entire Middle East.

[[Page H5909]]

We should not be having this debate at all, because the President
should have changed course long ago. The President has had so many
opportunities to reevaluate his policies in Iraq that his failure to do
so can only be explained by an absolute unwillingness to admit that he
has made a grave mistake. He continues to act as if nothing is wrong,
even as Baghdad burns and the body count of dead Iraqi civilians and
dead American troops continues to rise. He continues to send more
troops to Iraq even as the Army, Marines, and National Guard are all
straining to the breaking point. He continues to ignore the will of the
American people who want an end to this war, even as public opinion
turns ever more decisively against his failed war policy
Madam Speaker, it is far past time for a new direction in Iraq. The
American people do not want to be there, and the Iraqis do not want to
have us there. Only the President and his dwindling cadre of head-in-
the-sand advisors believe that the United States is on the right course
in Iraq.
I am tremendously disappointed that the President, in the face of the
utter collapse of his policies in Iraq, refuses to change course. I
supported the first supplemental bill we passed this year for a simple
reason: It contained language to force an end to this disastrous war.
But in his legendary stubbornness and his inability to see reason, the
President vetoed that bill. I also supported the House version of the
second supplemental appropriations bill, because that bill established
strict benchmarks for progress by the Iraqi Government and military and
required the President to certify that progress to the Congress, or
else face a cutoff of funds to pursue the war.
But the supplemental that we will vote on today does not require the
troops to come home, and does not establish strict benchmarks to ensure
accountability, and for these reasons I will oppose it. But today's
vote does not end the effort in Congress to end the war. There will be
future votes, and I believe that as the public continues to make its
opposition to this war clear, there will be continued pressure on the
White House and on congressional Republicans to change course. We will
end this war eventually, but today I must oppose this appropriations
bill because it fails to take the steps needed to advance the goal of
bringing our valiant troops home.
Mr. UDALL of New Mexico. Mr. Speaker, this legislation, the third
supplemental bill we have considered this year, has many merits.
However, I am extremely disappointed that it does not include a plan
for phased redeployment of our troops. It is past time that we chart a
new path in Iraq.
I have supported the previous versions of this legislation because
they required that the White House demonstrate milestones of success
and progress in Iraq with an explicit timeline for troop removal. But
to now give the President a blank check would be unacceptable. We have
spent hundreds of billions of dollars on this war and have yet to see
even the beginning of the dividends of democracy promised to us by the
President. Additional funding must include sufficient requirements for
evidence of success. We also need an understanding of how much longer
we will be in Iraq.
It is significant that the new Democratic leadership in Congress has
ensured that appropriations funding bills are now focused on the
soldiers and I am pleased to see that this bill includes funding for
the armor and equipment needed. Nevertheless, this bill, with its
absence of a plan for phased regional redeployment of American troops,
will only further ensure that we stay in Iraq with no end in sight. The
best way to support our troops is to give them the tools to do their
job, and to change our policy to bring them home as safely and quickly
as possible.
I believe this President must be held accountable for the
deteriorating situation in Iraq and for lacking a plan to succeed. I
believe it is the role--and the right--of Congress to be substantially
involved in the direction of our foreign policy. And I believe that our
men and women in uniform deserve better leadership. For these reasons,
I cannot, and will not, support continuing to fund this war without a
distinct time line for redeployment, and I will be voting ``no.''
Mr. GEORGE MILLER of California. Mr. Speaker, this is a great day for
America's workers.
Today the House once again passes the minimum wage increase--and this
time we expect this bill to be signed by the President.
America's minimum wage workers have been waiting a long time for a
raise. The last time they saw an increase was nearly 10 years ago.
Since that last increase, in 1997, the value of the minimum wage has
dropped to its lowest level in over half a century.
Last summer, I had the honor to meet a woman named Sheryl Wade in
Louisville, Kentucky. Sheryl told me at a forum about life at the
minimum wage. She couldn't afford housing for herself and 3 sons. She
had to move in and out with relatives and friends. Her boys had to
constantly change schools and change friends. She could not afford
health care. Sheryl is a hardworking American, sick and tired of barely
living paycheck to paycheck, not making enough to get by.
Mr. Speaker, her day has come.
When we increase the minimum wage with this bill, from $5.15 per hour
to $7.25 per hour over 2 years, the poorest working families in this
country will see a $4,400 increase in their annual income--enough to
pay for 15 months of groceries for a family of three.
Thanks to this increase, in 2009, a family of four will move from 11
percent below the poverty line to 5 percent above the poverty line.
Thanks to this increase, 13 million workers will see their pay go up,
directly or indirectly. That includes 7.7 million women and 3.4 million
parents. Over 6.3 million children will see their parents' income rise.
This raise in wages is long overdue. Thanks to the hard work of
religious, civil rights, labor, and community organizations--and
American voters and working families--it is finally coming to pass.
I'm proud of the work this Democratic Congress has done. This House,
under new leadership, is putting working families and America's middle
class first. What a change that is--and we've only just begun.
The SPEAKER pro tempore. All time for debate has expired.
Pursuant to House Resolution 438, the previous question is ordered.
The Chair will divide the question of adoption of the motion between
the two House amendments.
The question is: Will the House concur in the amendment of the Senate
with House amendment No. 1 printed in House Report 110-168?
The question was taken; and the Speaker pro tempore announced that
the ayes appeared to have it.
Mr. OBEY. 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, this 15-minute vote on the first
portion of the divided question will be followed by a 5-minute vote, if
ordered, on the second portion of the divided question.
The vote was taken by electronic device, and there were--yeas 348,
nays 73, not voting 12, as follows:

[Roll No. 424]

YEAS--348

Abercrombie
Ackerman
Aderholt
Akin
Alexander
Allen
Altmire
Andrews
Arcuri
Baca
Bachmann
Baird
Baker
Baldwin
Barrow
Bartlett (MD)
Barton (TX)
Bean
Becerra
Berkley
Berry
Biggert
Bilbray
Bilirakis
Bishop (GA)
Bishop (NY)
Blumenauer
Blunt
Bonner
Bono
Boozman
Boren
Boswell
Boucher
Boustany
Boyd (FL)
Boyda (KS)
Brady (PA)
Braley (IA)
Brown (SC)
Brown, Corrine
Buchanan
Burgess
Butterfield
Cannon
Capito
Capps
Capuano
Cardoza
Carnahan
Carney
Carson
Carter
Castle
Castor
Chandler
Clarke
Clay
Cleaver
Clyburn
Cohen
Cole (OK)
Conaway
Conyers
Cooper
Costa
Costello
Courtney
Cramer
Crenshaw
Crowley
Cubin
Cuellar
Cummings
Davis (AL)
Davis (CA)
Davis (IL)
Davis (KY)
Davis, Lincoln
DeFazio
Delahunt
DeLauro
Dent
Diaz-Balart, L.
Diaz-Balart, M.
Dicks
Dingell
Doggett
Donnelly
Doolittle
Doyle
Drake
Edwards
Ehlers
Ellison
Ellsworth
Emanuel
English (PA)
Eshoo
Etheridge
Everett
Fallin
Farr
Fattah
Ferguson
Filner
Forbes
Fortenberry
Fossella
Frank (MA)
Gallegly
Gerlach
Giffords
Gillibrand
Gillmor
Gohmert
Gonzalez
Goode
Goodlatte
Gordon
Granger
Graves
Green, Al
Green, Gene
Grijalva
Gutierrez
Hall (NY)
Hall (TX)
Hare
Harman
Hastings (FL)
Hastings (WA)
Hayes
Heller
Herger
Herseth Sandlin
Higgins
Hill
Hinchey
Hinojosa
Hirono
Hobson
Hodes
Holden
Holt
Honda
Hooley
Hoyer
Hulshof
Hunter
Inslee
Israel
Jackson (IL)
Jackson-Lee (TX)
Jefferson
Jindal
Johnson (GA)
Johnson (IL)
Johnson, E. B.
Kagen
Kanjorski
Kaptur
Keller
Kennedy
Kildee
Kilpatrick
Kind
King (NY)
Kirk
Klein (FL)
Kline (MN)
Knollenberg
Kuhl (NY)
Lampson
Langevin
Lantos
Larsen (WA)
Larson (CT)
Latham
LaTourette
Lee
Levin
Lewis (KY)
Lipinski
LoBiondo
Loebsack
Lofgren, Zoe
Lowey
Lucas
Lynch
Mahoney (FL)
Maloney (NY)
Manzullo
Marchant
Markey
Marshall
Matheson
Matsui
McCarthy (NY)
McCaul (TX)
McCollum (MN)
McCotter
McCrery
McDermott
McGovern
McHugh

[[Page H5910]]

McIntyre
McNerney
McNulty
Meehan
Meek (FL)
Meeks (NY)
Melancon
Michaud
Miller (FL)
Miller (MI)
Miller (NC)
Miller, George
Mitchell
Mollohan
Moore (KS)
Moore (WI)
Moran (KS)
Moran (VA)
Murphy (CT)
Murphy, Patrick
Murphy, Tim
Murtha
Musgrave
Nadler
Napolitano
Neal (MA)
Neugebauer
Obey
Olver
Ortiz
Pallone
Pascrell
Pastor
Payne
Pearce
Pelosi
Perlmutter
Peterson (MN)
Peterson (PA)
Petri
Pickering
Platts
Poe
Pomeroy
Porter
Price (NC)
Pryce (OH)
Rahall
Ramstad
Rangel
Regula
Rehberg
Reichert
Renzi
Reyes
Reynolds
Rodriguez
Rogers (KY)
Rogers (MI)
Ros-Lehtinen
Ross
Rothman
Roybal-Allard
Ruppersberger
Rush
Ryan (OH)
Salazar
Sali
Sanchez, Linda T.
Sanchez, Loretta
Sarbanes
Saxton
Schakowsky
Schiff
Schwartz
Scott (GA)
Scott (VA)
Serrano
Sessions
Sestak
Shays
Shea-Porter
Sherman
Shuler
Simpson
Sires
Skelton
Slaughter
Smith (NE)
Smith (NJ)
Smith (TX)
Smith (WA)
Snyder
Solis
Souder
Space
Spratt
Stark
Stupak
Sutton
Tanner
Tauscher
Taylor
Terry
Thompson (CA)
Thompson (MS)
Thornberry
Tiahrt
Tiberi
Tierney
Towns
Turner
Udall (CO)
Udall (NM)
Upton
Van Hollen
Velazquez
Visclosky
Walberg
Walden (OR)
Walsh (NY)
Walz (MN)
Wasserman Schultz
Waters
Watson
Watt
Waxman
Weiner
Welch (VT)
Weller
Wexler
Whitfield
Wicker
Wilson (NM)
Wilson (OH)
Wolf
Woolsey
Wu
Wynn
Yarmuth
Young (AK)
Young (FL)

NAYS--73

Bachus
Barrett (SC)
Bishop (UT)
Blackburn
Boehner
Brady (TX)
Brown-Waite, Ginny
Burton (IN)
Buyer
Calvert
Camp (MI)
Cantor
Chabot
Coble
Culberson
Davis, David
Davis, Tom
Deal (GA)
Dreier
Duncan
Feeney
Flake
Foxx
Franks (AZ)
Frelinghuysen
Garrett (NJ)
Gingrey
Hastert
Hensarling
Hoekstra
Inglis (SC)
Issa
Johnson, Sam
Jordan
King (IA)
Kingston
Kucinich
LaHood
Lamborn
Lewis (CA)
Linder
Lungren, Daniel E.
Mack
McCarthy (CA)
McHenry
McKeon
Mica
Miller, Gary
Myrick
Nunes
Paul
Pence
Pitts
Price (GA)
Putnam
Radanovich
Rogers (AL)
Rohrabacher
Roskam
Royce
Ryan (WI)
Schmidt
Sensenbrenner
Shadegg
Shimkus
Shuster
Stearns
Sullivan
Tancredo
Wamp
Weldon (FL)
Westmoreland
Wilson (SC)

NOT VOTING--12

Berman
Campbell (CA)
Davis, Jo Ann
DeGette
Emerson
Engel
Gilchrest
Jones (NC)
Jones (OH)
Lewis (GA)
McMorris Rodgers
Oberstar

{time} 1839

Messrs. PENCE, BURTON of Indiana and BACHUS changed their vote from
``yea'' to ``nay.''
Messrs. McDERMOTT, EHLERS, DAVIS of Kentucky, HUNTER, SOUDER, KELLER
of Florida, Mrs. DRAKE and Ms. SCHAKOWSKY changed their vote from
``nay'' to ``yea.''
So the first portion of the divided question was agreed to.
The result of the vote was announced as above recorded.
A motion to reconsider was laid on the table.
Stated for:
Mr. GILCHREST. Mr. Speaker, on rollcall No. 424 I was inadvertently
detained. Had I been present, I would have voted ``yea.''
Mr. JONES of North Carolina. Mr. Speaker, on rollcall No. 424 I was
unavoidably detained. Had I been present, I would have voted ``yea.''
The SPEAKER pro tempore. The Chair will now put the question on the
second portion of the divided question.
The question is: Will the House concur in the amendment of the Senate
with House amendment No. 2 printed in House Report 110-168?
The question was taken; and the Speaker pro tempore announced that
the ayes appeared to have it.

Recorded Vote

Mr. OBEY. Mr. Speaker, I demand a recorded vote.
A recorded vote was ordered.
The SPEAKER pro tempore. This will be a 5-minute vote.
The vote was taken by electronic device, and there were--ayes 280,
noes 142, not voting 11, as follows:

[Roll No. 425]

AYES--280

Aderholt
Akin
Alexander
Altmire
Andrews
Baca
Bachmann
Bachus
Baird
Baker
Barrett (SC)
Barrow
Bartlett (MD)
Barton (TX)
Bean
Berkley
Berry
Biggert
Bilbray
Bilirakis
Bishop (GA)
Bishop (UT)
Blackburn
Blunt
Boehner
Bonner
Bono
Boozman
Boren
Boswell
Boucher
Boustany
Boyd (FL)
Boyda (KS)
Brady (TX)
Brown (SC)
Brown-Waite, Ginny
Buchanan
Burgess
Burton (IN)
Butterfield
Buyer
Calvert
Camp (MI)
Cannon
Cantor
Capito
Cardoza
Carney
Carter
Castle
Chabot
Chandler
Clyburn
Coble
Cole (OK)
Conaway
Cooper
Costa
Cramer
Crenshaw
Cubin
Cuellar
Culberson
Davis (CA)
Davis (KY)
Davis, David
Davis, Lincoln
Davis, Tom
Deal (GA)
Dent
Diaz-Balart, L.
Diaz-Balart, M.
Dicks
Dingell
Donnelly
Doolittle
Drake
Dreier
Edwards
Ehlers
Ellsworth
Emanuel
English (PA)
Etheridge
Everett
Fallin
Feeney
Ferguson
Flake
Forbes
Fortenberry
Fossella
Foxx
Franks (AZ)
Frelinghuysen
Gallegly
Garrett (NJ)
Gerlach
Giffords
Gilchrest
Gillibrand
Gillmor
Gingrey
Gohmert
Gonzalez
Goode
Goodlatte
Gordon
Granger
Graves
Green, Gene
Hall (TX)
Hastert
Hastings (WA)
Hayes
Heller
Hensarling
Herger
Herseth Sandlin
Hill
Hinojosa
Hobson
Hoekstra
Holden
Hoyer
Hulshof
Hunter
Inglis (SC)
Issa
Jindal
Johnson (IL)
Johnson, Sam
Jones (NC)
Jordan
Kagen
Kanjorski
Keller
Kildee
Kind
King (IA)
King (NY)
Kingston
Kirk
Kline (MN)
Knollenberg
Kuhl (NY)
LaHood
Lamborn
Lampson
Larsen (WA)
Latham
LaTourette
Levin
Lewis (CA)
Lewis (KY)
Linder
Lipinski
LoBiondo
Lucas
Lungren, Daniel E.
Mack
Mahoney (FL)
Manzullo
Marchant
Marshall
Matheson
McCarthy (CA)
McCaul (TX)
McCotter
McCrery
McHenry
McHugh
McIntyre
McKeon
Meek (FL)
Melancon
Mica
Miller (FL)
Miller (MI)
Miller, Gary
Mitchell
Mollohan
Moore (KS)
Moran (KS)
Murphy, Tim
Murtha
Musgrave
Myrick
Neugebauer
Nunes
Ortiz
Pearce
Pence
Peterson (MN)
Peterson (PA)
Petri
Pickering
Pitts
Platts
Poe
Pomeroy
Porter
Price (GA)
Pryce (OH)
Putnam
Radanovich
Rahall
Ramstad
Regula
Rehberg
Reichert
Renzi
Reyes
Reynolds
Rodriguez
Rogers (AL)
Rogers (KY)
Rogers (MI)
Rohrabacher
Ros-Lehtinen
Roskam
Ross
Royce
Ruppersberger
Ryan (WI)
Salazar
Sali
Saxton
Schmidt
Schwartz
Scott (GA)
Sensenbrenner
Sessions
Sestak
Shadegg
Shays
Shimkus
Shuler
Shuster
Simpson
Skelton
Smith (NE)
Smith (NJ)
Smith (TX)
Snyder
Souder
Space
Spratt
Stearns
Stupak
Sullivan
Tancredo
Tanner
Taylor
Terry
Thompson (MS)
Thornberry
Tiahrt
Tiberi
Turner
Udall (CO)
Upton
Visclosky
Walberg
Walden (OR)
Walsh (NY)
Walz (MN)
Wamp
Wasserman Schultz
Weldon (FL)
Westmoreland
Whitfield
Wicker
Wilson (NM)
Wilson (OH)
Wilson (SC)
Wolf
Young (AK)
Young (FL)

NOES--142

Abercrombie
Ackerman
Allen
Arcuri
Baldwin
Becerra
Bishop (NY)
Blumenauer
Brady (PA)
Braley (IA)
Brown, Corrine
Capps
Capuano
Carnahan
Carson
Castor
Clarke
Clay
Cleaver
Cohen
Conyers
Costello
Courtney
Crowley
Cummings
Davis (AL)
Davis (IL)
DeFazio
Delahunt
DeLauro
Doggett
Doyle
Duncan
Ellison
Eshoo
Farr
Fattah
Filner
Frank (MA)
Green, Al
Grijalva
Gutierrez
Hall (NY)
Hare
Harman
Hastings (FL)
Higgins
Hinchey
Hirono
Hodes
Holt
Honda
Hooley
Inslee
Israel
Jackson (IL)
Jackson-Lee (TX)
Jefferson
Johnson (GA)
Johnson, E. B.
Kaptur
Kennedy
Kilpatrick
Klein (FL)
Kucinich
Langevin
Lantos
Larson (CT)
Lee
Loebsack
Lofgren, Zoe
Lowey
Lynch
Maloney (NY)
Markey
Matsui
McCarthy (NY)
McCollum (MN)
McDermott
McGovern
McNerney
McNulty
Meehan
Meeks (NY)
Michaud
Miller (NC)
Miller, George
Moore (WI)
Moran (VA)
Murphy (CT)
Murphy, Patrick
Nadler
Napolitano
Neal (MA)
Obey
Olver
Pallone
Pascrell
Pastor
Paul
Payne
Pelosi
Perlmutter
Price (NC)
Rangel
Rothman
Roybal-Allard
Rush
Ryan (OH)
Sanchez, Linda T.
Sanchez, Loretta
Sarbanes
Schakowsky
Schiff
Scott (VA)
Serrano
Shea-Porter
Sherman
Sires
Slaughter
Smith (WA)
Solis
Stark
Sutton
Tauscher
Thompson (CA)
Tierney
Towns
Udall (NM)
Van Hollen
Velazquez
Waters
Watson
Watt
Waxman
Weiner
Welch (VT)
Wexler
Woolsey
Wu
Wynn
Yarmuth

NOT VOTING--11

Berman
Campbell (CA)
Davis, Jo Ann
DeGette
Emerson
Engel
Jones (OH)
Lewis (GA)
McMorris Rodgers
Oberstar
Weller

Announcement by the Speaker Pro Tempore

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

[[Page H5911]]

{time} 1845

So the second portion of the divided question was agreed to.
The result of the vote was announced as above recorded.
A motion to reconsider was laid on the table.
Stated for:
Mr. WELLER of Illinois. Mr. Speaker, on rollcall No. 425, I was
inadvertently detained. Had I been present, I would have voted ``aye.''

____________________