[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

       For an additional amount for ``Public Law 480 Title II 
     Grants'', during the current fiscal year, not otherwise 
     recoverable, and unrecovered prior years' costs, including 
     interest thereon, under the Agricultural Trade Development 
     and Assistance Act of 1954, for commodities supplied in 
     connection with dispositions abroad under title II of said 
     Act, $350,000,000, to remain available until expended.

                               CHAPTER 2

                         DEPARTMENT OF JUSTICE

                            Legal Activities


            Salaries and Expenses, General Legal Activities

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


             salaries and expenses, united states attorneys

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

                     United States Marshals Service


                         SALARIES AND EXPENSES

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

                       National Security Division


                         Salaries and Expenses

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

                    Federal Bureau of Investigation


                         Salaries and Expenses

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

                    Drug Enforcement Administration


                         Salaries and Expenses

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

          Bureau of Alcohol, Tobacco, Firearms and Explosives


                         Salaries and Expenses

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

[[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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[[Page H5899]]

  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.''

                          ____________________