[House Report 110-168]
[From the U.S. Government Publishing Office]
110th Congress Report
HOUSE OF REPRESENTATIVES
1st Session 110-168
======================================================================
PROVIDING FOR CONSIDERATION OF THE SENATE AMENDMENT TO 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
May 24 (legislative day, May 23), 2007.--Referred to the House Calendar
and ordered to be printed
_______
Mrs. Slaughter, from the Committee on Rules, submitted the following
R E P O R T
[To accompany H. Res. 438]
The Committee on Rules, having had under consideration
House Resolution 438, by a record vote of 8 to 4, report the
same to the House with the recommendation that the resolution
be adopted.
SUMMARY OF PROVISIONS OF THE RESOLUTION
The resolution provides for the consideration of the Senate
amendment to H.R. 2206. The resolution makes in order a motion
by the Chairman of the Committee of Appropriations to concur in
the Senate amendment with each of the two House amendments
printed in this report. The rule waives all points of order
against the motion and provides that the Senate amendment and
the motion shall be considered as read. The rule provides one
hour of debate on the motion equally divided and controlled by
the chairman and ranking minority member of the Committee on
Appropriations. The rule also provides that the Chair shall
divide the question of adoption of the motion between the two
House amendments and if both amendments are adopted, they will
be engrossed into a single amendment to the Senate amendment to
H.R. 2206. The rule provides that the Chair may postpone
further consideration of the motion to a time designated by the
Speaker.
The rule further provides that during consideration in the
Committee of the Whole of a bill making FY08 supplemental
appropriations for military operations in Iraq or Afghanistan,
before consideration of any other amendment, it shall be in
order to consider an amendment only proposing to add to the
bill the text of H.R. 2451. Such amendment shall be considered
as read, shall not be amendable or divisible. All points of
order against such amendment are waived except for clause 9 of
rule XXI. The rule provides that section 4(a) of the resolution
does not apply to a regular FY08 Department of Defense
appropriations bill.
EXPLANATION OF WAIVERS
The Committee is not aware of any points of order against
the motion. The waiver of all points of order against the
motion is prophylactic in nature.
COMMITTEE VOTES
The results of each record vote on an amendment or motion
to report, together with the names of those voting for and
against, are printed below:
Rules Committee record vote No. 213
Date: May 24, 2007.
Measure: H.R. 2206.
Motion by: Mr. Dreier.
Summary of motion: To amend the rule to allow a motion to
strike anything defined as an earmark.
Results: Defeated 4-8.
Vote by Members: McGovern--Nay; Hastings (FL)--Nay;
Matsui--Nay; Welch--Nay; Castor--Nay; Arcuri--Nay; Sutton--Nay;
Dreier--Yea; Diaz-Balart--Yea; Hastings (WA)--Yea; Sessions--
Yea; Slaughter--Nay.
Rules Committee record vote No. 214
Date: May 24, 2007.
Measure: H.R. 2206.
Motion by: Mr. Hastings (WA).
Summary of motion: To make in order and provide the
appropriate waivers for an amendment by Rep. Walden (OR), #3 to
provide a five-year reauthorization and funding for the Secure
Rural Schools and Community Self-Determination Act.
Results: Defeated 4-8.
Vote by Members: McGovern--Nay; Hastings (FL)--Nay;
Matsui--Nay; Welch--Nay; Castor--Nay; Arcuri--Nay; Sutton--Nay;
Dreier--Yea; Diaz-Balart--Yea; Hastings (WA)--Yea; Sessions--
Yea; Slaughter--Nay.
Rules Committee record vote No. 215
Date: May 24, 2007.
Measure: H.R. 2206.
Motion by: Mr. Hastings (WA).
Summary of motion: To make in order and provide the
appropriate waivers for an amendment by Rep. Walden (OR), #5,
to provide for a two-year extension of funding for the Secure
Rural Schools and Community Self-Determination Act.
Results: Defeated 4-8.
Vote by Members: McGovern--Nay; Hastings (FL)--Nay;
Matsui--Nay; Welch--Nay; Castor--Nay; Arcuri--Nay; Sutton--Nay;
Dreier--Yea; Diaz-Balart--Yea; Hastings (WA)--Yea; Sessions--
Yea; Slaughter--Nay.
Rules Committee record vote No. 216
Date: May 24, 2007.
Measure: H.R. 2206.
Motion by: Mr. McGovern.
Summary of motion: To report the rule.
Results: Adopted 8-4.
Vote by Members: McGovern--Yea; Hastings (FL)--Yea;
Matsui--Yea; Welch--Yea; Castor--Yea; Arcuri--Yea; Sutton--Yea;
Dreier--Nay; Diaz-Balart--Nay; Hastings (WA)--Nay; Sessions--
Nay; Slaughter--Yea.
SUMMARY OF THE HOUSE AMENDMENT #1 TO THE SENATE AMENDMENT TO H.R. 2206
MADE IN ORDER UNDER THE RULE
Funding and other items not requested by the
President including funding for: Defense Health,
Veterans Health, Base Realignment and Closure, Homeland
Security, Gulf Coast recovery, and the State Children's
Health Insurance Program
An increase in the minimum wage
Small business tax cuts
SUMMARY OF THE HOUSE AMENDMENT #2 TO THE SENATE AMENDMENT TO H.R. 2206
MADE IN ORDER UNDER THE RULE
The Warner language on Iraq, including
benchmarks for success
Funding requested by the President for: the
Department of Defense, State, and foreign operations,
and Gulf Coast recovery
TEXT OF THE HOUSE AMENDMENT NO. 1 TO THE SENATE AMENDMENT TO H.R. 2206
MADE IN ORDER UNDER THE RULE
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
traumatic brain injury and post-traumatic stress disorder are
in excess of the requirements of the Department of Defense, the
Secretary may transfer amounts in excess of that requirement to
the Department of Veterans Affairs to be available only for the
same purpose.
GENERAL PROVISIONS--THIS CHAPTER
Sec. 3301. None of the funds appropriated or otherwise made
available by this or any other Act shall be obligated or
expended by the United States Government for a purpose as
follows:
(1) To establish any military installation or base
for the purpose of providing for the permanent
stationing of United States Armed Forces in Iraq.
(2) To exercise United States control over any oil
resource of Iraq.
Sec. 3302. None of the funds made available in this Act may
be used in contravention of the following laws enacted or
regulations promulgated to implement the United Nations
Convention Against Torture and Other Cruel, Inhuman or
Degrading Treatment or Punishment (done at New York on December
10, 1984)--
(1) section 2340A of title 18, United States Code;
(2) section 2242 of the Foreign Affairs Reform and
Restructuring Act of 1998 (division G of Public Law
105-277; 112 Stat. 2681-822; 8 U.S.C. 1231 note) and
regulations prescribed thereto, including regulations
under part 208 of title 8, Code of Federal Regulations,
and part 95 of title 22, Code of Federal Regulations;
and
(3) sections 1002 and 1003 of the Department of
Defense, Emergency Supplemental Appropriations to
Address Hurricanes in the Gulf of Mexico, and Pandemic
Influenza Act, 2006 (Public Law 109-148).
Sec. 3303. (a) Report by Secretary of Defense.--Not later
than 30 days after the date of the enactment of this Act, the
Secretary of Defense shall submit to the congressional defense
committees a report that contains individual transition
readiness assessments by unit of Iraq and Afghan security
forces. The Secretary of Defense shall submit to the
congressional defense committees updates of the report required
by this subsection every 90 days after the date of the
submission of the report until October 1, 2008. The report and
updates of the report required by this subsection shall be
submitted in classified form.
(b) Report by OMB.--
(1) The Director of the Office of Management and
Budget, in consultation with the Secretary of Defense;
the Commander, Multi-National Security Transition
Command--Iraq; and the Commander, Combined Security
Transition Command--Afghanistan, shall submit to the
congressional defense committees not later than 120
days after the date of the enactment of this Act and
every 90 days thereafter a report on the proposed use
of all funds under each of the headings ``Iraq Security
Forces Fund'' and ``Afghanistan Security Forces Fund''
on a project-by-project basis, for which the obligation
of funds is anticipated during the three-month period
from such date, including estimates by the commanders
referred to in this paragraph of the costs required to
complete each such project.
(2) The report required by this subsection shall
include the following:
(A) The use of all funds on a project-by-
project basis for which funds appropriated
under the headings referred to in paragraph (1)
were obligated prior to the submission of the
report, including estimates by the commanders
referred to in paragraph (1) of the costs to
complete each project.
(B) The use of all funds on a project-by-
project basis for which funds were appropriated
under the headings referred to in paragraph (1)
in prior appropriations Acts, or for which
funds were made available by transfer,
reprogramming, or allocation from other
headings in prior appropriations Acts,
including estimates by the commanders referred
to in paragraph (1) of the costs to complete
each project.
(C) An estimated total cost to train and
equip the Iraq and Afghan security forces,
disaggregated by major program and sub-elements
by force, arrayed by fiscal year.
(c) Notification.--The Secretary of Defense shall notify the
congressional defense committees of any proposed new projects
or transfers of funds between sub-activity groups in excess of
$15,000,000 using funds appropriated by this Act under the
headings ``Iraq Security Forces Fund'' and ``Afghanistan
Security Forces Fund''.
Sec. 3304. None of the funds appropriated or otherwise made
available by this Act may be obligated or expended to provide
award fees to any defense contractor contrary to the provisions
of section 814 of the National Defense Authorization Act,
Fiscal Year 2007 (Public Law 109-364).
Sec. 3305. Not more than 85 percent of the funds appropriated
to the Department of Defense in this Act for operation and
maintenance shall be available for obligation unless and until
the Secretary of Defense submits to the congressional defense
committees a report detailing the use of Department of Defense
funded service contracts conducted in the theater of operations
in support of United States military and reconstruction
activities in Iraq and Afghanistan: Provided, That the report
shall provide detailed information specifying the number of
contracts and contract costs used to provide services in fiscal
year 2006, with sub-allocations by major service categories:
Provided further, That the report also shall include estimates
of the number of contracts to be executed in fiscal year 2007:
Provided further, That the report shall include the number of
contractor personnel in Iraq and Afghanistan funded by the
Department of Defense: Provided further, That the report shall
be submitted to the congressional defense committees not later
than August 1, 2007.
Sec. 3306. Section 1477 of title 10, United States Code, is
amended--
(1) in subsection (a), by striking ``A death
gratuity'' and inserting ``Subject to subsection (d), a
death gratuity'';
(2) by redesignating subsection (d) as subsection (e)
and, in such subsection, by striking ``If an eligible
survivor dies before he'' and inserting ``If a person
entitled to all or a portion of a death gratuity under
subsection (a) or (d) dies before the person''; and
(3) by inserting after subsection (c) the following
new subsection (d):
``(d) During the period beginning on the date of the
enactment of this subsection and ending on September 30, 2007,
a person covered by section 1475 or 1476 of this title may
designate another person to receive not more than 50 percent of
the amount payable under section 1478 of this title. The
designation shall indicate the percentage of the amount, to be
specified only in 10 percent increments up to the maximum of 50
percent, that the designated person may receive. The balance of
the amount of the death gratuity shall be paid to or for the
living survivors of the person concerned in accordance with
paragraphs (1) through (5) of subsection (a).''.
Sec. 3307. (a) Inspection of Military Medical Treatment
Facilities, Military Quarters Housing Medical Hold Personnel,
and Military Quarters Housing Medical Holdover Personnel.--
(1) In general.--Not later than 180 days after the
date of the enactment of this Act, and annually
thereafter, the Secretary of Defense shall inspect each
facility of the Department of Defense as follows:
(A) Each military medical treatment facility.
(B) Each military quarters housing medical
hold personnel.
(C) Each military quarters housing medical
holdover personnel.
(2) Purpose.--The purpose of an inspection under this
subsection is to ensure that the facility or quarters
concerned meets acceptable standards for the
maintenance and operation of medical facilities,
quarters housing medical hold personnel, or quarters
housing medical holdover personnel, as applicable.
(b) Acceptable Standards.--For purposes of this section,
acceptable standards for the operation and maintenance of
military medical treatment facilities, military quarters
housing medical hold personnel, or military quarters housing
medical holdover personnel are each of the following:
(1) Generally accepted standards for the
accreditation of medical facilities, or for facilities
used to quarter individuals with medical conditions
that may require medical supervision, as applicable, in
the United States.
(2) Where appropriate, standards under the Americans
with Disabilities Act of 1990 (42 U.S.C. 12101 et
seq.).
(c) Additional Inspections on Identified Deficiencies.--
(1) In general.--In the event a deficiency is
identified pursuant to subsection (a) at a facility or
quarters described in paragraph (1) of that
subsection--
(A) the commander of such facility or
quarters, as applicable, shall submit to the
Secretary a detailed plan to correct the
deficiency; and
(B) the Secretary shall reinspect such
facility or quarters, as applicable, not less
often than once every 180 days until the
deficiency is corrected.
(2) Construction with other inspections.--An
inspection of a facility or quarters under this
subsection is in addition to any inspection of such
facility or quarters under subsection (a).
(d) Reports on Inspections.--A complete copy of the report on
each inspection conducted under subsections (a) and (c) shall
be submitted in unclassified form to the applicable military
medical command and to the congressional defense committees.
(e) Report on Standards.--In the event no standards for the
maintenance and operation of military medical treatment
facilities, military quarters housing medical hold personnel,
or military quarters housing medical holdover personnel exist
as of the date of the enactment of this Act, or such standards
as do exist do not meet acceptable standards for the
maintenance and operation of such facilities or quarters, as
the case may be, the Secretary shall, not later than 30 days
after that date, submit to the congressional defense committees
a report setting forth the plan of the Secretary to ensure--
(1) the adoption by the Department of standards for
the maintenance and operation of military medical
facilities, military quarters housing medical hold
personnel, or military quarters housing medical
holdover personnel, as applicable, that meet--
(A) acceptable standards for the maintenance
and operation of such facilities or quarters,
as the case may be; and
(B) where appropriate, standards under the
Americans with Disabilities Act of 1990; and
(2) the comprehensive implementation of the standards
adopted under paragraph (1) at the earliest date
practicable.
Sec. 3308. (a) Award of Medal of Honor to Woodrow W. Keeble
for Valor During Korean War.--Notwithstanding any applicable
time limitation under section 3744 of title 10, United States
Code, or any other time limitation with respect to the award of
certain medals to individuals who served in the Armed Forces,
the President may award to Woodrow W. Keeble the Medal of Honor
under section 3741 of that title for the acts of valor
described in subsection (b).
(b) Acts of Valor.--The acts of valor referred to in
subsection (a) are the acts of Woodrow W. Keeble, then-acting
platoon leader, carried out on October 20, 1951, during the
Korean War.
(TRANSFER OF FUNDS)
Sec. 3309. Of the amount appropriated under the heading
``Other Procurement, Army'', in title III of division A of
Public Law 109-148, $6,250,000 shall be transferred to
``Military Construction, Army''.
Sec. 3310. The Secretary of Defense, notwithstanding any
other provision of law, acting through the Office of Economic
Adjustment or the Office of Dependents Education of the
Department of Defense, shall use not less than $10,000,000 of
funds made available in this Act under the heading ``Operation
and Maintenance, Defense-Wide'' to make grants and supplement
other Federal funds to provide special assistance to local
education agencies.
Sec. 3311. Congress finds that United States military units
should not enter into combat unless they are fully capable of
performing their assigned mission. Congress further finds that
this is the policy of the Department of Defense. The Secretary
of Defense shall notify Congress of any changes to this policy.
CHAPTER 4
DEPARTMENT OF ENERGY
ATOMIC ENERGY DEFENSE ACTIVITIES
National Nuclear Security Administration
DEFENSE NUCLEAR NONPROLIFERATION
For an additional amount for ``Defense Nuclear
Nonproliferation'', $72,000,000 is provided for the
International Nuclear Materials Protection and Cooperation
Program, to remain available until expended.
GENERAL PROVISION--THIS CHAPTER
(TRANSFER OF FUNDS)
Sec. 3401. The Administrator of the National Nuclear Security
Administration is authorized to transfer up to $1,000,000 from
Defense Nuclear Nonproliferation to the Office of the
Administrator during fiscal year 2007 supporting nuclear
nonproliferation activities.
CHAPTER 5
DEPARTMENT OF HOMELAND SECURITY
Analysis and Operations
For an additional amount for ``Analysis and Operations'',
$8,000,000, to remain available until September 30, 2008, to be
used for support of the State and Local Fusion Center program:
Provided, That starting July 1, 2007, the Secretary of Homeland
Security shall submit quarterly reports to the Committees on
Appropriations of the Senate and the House of Representatives
detailing the information required in House Report 110-107.
United States Customs and Border Protection
SALARIES AND EXPENSES
(INCLUDING TRANSFER OF FUNDS)
For an additional amount for ``Salaries and Expenses'',
$75,000,000, to remain available until September 30, 2008, to
support hiring not less than 400 additional United States
Customs and Border Protection Officers, as well as additional
intelligence analysts, trade specialists, and support staff to
target and screen U.S.-bound cargo on the Northern Border, at
overseas locations, and at the National Targeting Center; to
support hiring additional staffing required for Northern Border
Air and Marine operations; to implement Security and
Accountability For Every Port Act of 2006 (Public Law 109-347)
requirements; to advance the goals of the Secure Freight
Initiative to improve significantly the ability of United
States Customs and Border Protection to target and analyze
U.S.-bound cargo containers; to expand overseas screening and
physical inspection capacity for U.S.-bound cargo; to procure
and integrate non-intrusive inspection equipment into
inspection and radiation detection operations; and to improve
supply chain security, to include enhanced analytic and
targeting systems using data collected via commercial and
government technologies and databases: Provided, That up to
$3,000,000 shall be transferred to Federal Law Enforcement
Training Center ``Salaries and Expenses'', for basic training
costs associated with the additional personnel funded under
this heading: Provided further, That the Secretary shall submit
an expenditure plan for the use of these funds to the
Committees on Appropriations of the Senate and the House of
Representatives no later than 30 days after enactment of this
Act: Provided further, That the Secretary shall notify the
Committees on Appropriations of the Senate and the House of
Representatives immediately if United States Customs and Border
Protection does not expect to achieve its plan of having at
least 1,158 Border Patrol agents permanently deployed to the
Northern Border by the end of fiscal year 2007, and explain in
detail the reasons for any shortfall.
AIR AND MARINE INTERDICTION, OPERATIONS, MAINTENANCE, AND PROCUREMENT
For an additional amount for ``Air and Marine Interdiction,
Operations, Maintenance, and Procurement'', for air and marine
operations on the Northern Border, including the final Northern
Border air wing, $75,000,000, to remain available until
September 30, 2008, to accelerate planned deployment of
Northern Border Air and Marine operations, including
establishment of the final Northern Border airwing, procurement
of assets such as fixed wing aircraft, helicopters, unmanned
aerial systems, marine and riverine vessels, and other
equipment, relocation of aircraft, site acquisition, and the
design and building of facilities: Provided, That the Secretary
shall submit an expenditure plan for the use of these funds to
the Committees on Appropriations of the Senate and the House of
Representatives no later than 30 days after enactment of this
Act.
United States Immigration and Customs Enforcement
SALARIES AND EXPENSES
For an additional amount for ``Salaries and Expenses'',
$6,000,000, to remain available until September 30, 2008; of
which $5,000,000 shall be for the creation of a security
advisory opinion unit within the Visa Security Program; and of
which $1,000,000 shall be for the Human Smuggling and
Trafficking Center.
Transportation Security Administration
AVIATION SECURITY
For an additional amount for ``Aviation Security'',
$390,000,000; of which $285,000,000 shall be for procurement
and installation of checked baggage explosives detection
systems, to remain available until expended; of which
$25,000,000 shall be for checkpoint explosives detection
equipment and pilot screening technologies, to remain available
until expended; and of which $80,000,000 shall be for air cargo
security, to remain available until September 30, 2009:
Provided, That of the air cargo funding made available under
this heading, the Transportation Security Administration shall
hire no fewer than 150 additional air cargo inspectors to
establish a more robust enforcement and compliance program;
complete air cargo vulnerability assessments for all Category X
airports; expand the National Explosives Detection Canine
Program by no fewer than 170 additional canine teams, including
the use of agency led teams; pursue canine screening methods
utilized internationally that focus on air samples; and procure
and install explosive detection systems, explosive trace
machines, and other technologies to screen air cargo: Provided
further, That no later than 90 days after the date of enactment
of this Act, the Secretary shall provide the Committees on
Appropriations of the Senate and the House of Representatives
an expenditure plan detailing how the Transportation Security
Administration will utilize funding provided under this
heading.
FEDERAL AIR MARSHALS
For an additional amount for ``Federal Air Marshals'',
$5,000,000, to remain available until September 30, 2008:
Provided, That no later than 30 days after enactment of this
Act, the Secretary shall provide the Committees on
Appropriations of the Senate and the House of Representatives a
report on how these additional funds will be allocated.
National Protection and Programs
INFRASTRUCTURE PROTECTION AND INFORMATION SECURITY
For an additional amount for ``Infrastructure Protection and
Information Security'', $24,000,000, to remain available until
September 30, 2008; of which $12,000,000 shall be for
development of State and local interoperability plans as
discussed in House Report 110-107; and of which $12,000,000
shall be for implementation of chemical facility security
regulations: Provided, That within 30 days of the date of
enactment of this Act the Secretary of Homeland Security shall
submit to the Committees on Appropriations of the Senate and
the House of Representatives detailed expenditure plans for
execution of these funds: Provided further, That within 30 days
of the date of enactment of this Act, the Secretary of Homeland
Security shall submit to the Committees on Appropriations of
the Senate and the House of Representatives a report on the
computer forensics training center detailing the information
required in House Report 110-107.
Office of Health Affairs
For expenses for the ``Office of Health Affairs'',
$8,000,000, to remain available until September 30, 2008:
Provided, That of the amount made available under this heading,
$5,500,000 is for nuclear event public health assessment and
planning: Provided further, That the Office of Health Affairs
shall conduct a nuclear event public health assessment as
described in House Report 110-107: Provided further, That none
of the funds made available under this heading may be obligated
until the Committees on Appropriations of the Senate and the
House of Representatives receive a plan for expenditure.
Federal Emergency Management Agency
MANAGEMENT AND ADMINISTRATION
For expenses for management and administration of the Federal
Emergency Management Agency (``FEMA''), $14,000,000, to remain
available until September 30, 2008: Provided, That of the
amount made available under this heading, $6,000,000 shall be
for financial and information systems, $2,500,000 shall be for
interstate mutual aid agreements, $2,500,000 shall be for FEMA
Regional Office communication equipment, $2,500,000 shall be
for FEMA strike teams, and $500,000 shall be for the Law
Enforcement Liaison Office, the Disability Coordinator and the
National Advisory Council: Provided futher, That none of such
funds made available under this heading may be obligated until
the Committees on Appropriations of the Senate and the House of
Representatives receive and approve a plan for expenditure:
Provided further, That unobligated amounts in the
``Administrative and Regional Operations'' and ``Readiness,
Mitigation, Response, and Recovery'' accounts shall be
transferred to ``Management and Administration'' and may be
used for any purpose authorized for such amounts and subject to
limitation on the use of such amounts.
STATE AND LOCAL PROGRAMS
For an additional amount for ``State and Local Programs'',
$247,000,000; of which $110,000,000 shall be for port security
grants pursuant to section 70107(l) of title 46, United States
Code to be awarded by September 30, 2007 to tier 1, 2, 3, and 4
ports; of which $100,000,000 shall be for intercity rail
passenger transportation, freight rail, and transit security
grants to be awarded by September 30, 2007; of which
$35,000,000 shall be for regional grants and regional technical
assistance to tier one Urban Area Security Initiative cities
and other participating governments for the purpose of
developing all-hazard regional catastrophic event plans and
preparedness, as described in House Report 110-107; and of
which $2,000,000 shall be for technical assistance for
operation and maintenance training on detection and response
equipment that must be competitively awarded: Provided, That
none of the funds made available under this heading may be
obligated for such regional grants and regional technical
assistance until the Committees on Appropriations of the Senate
and the House of Representatives receive and approve a plan for
expenditure: Provided further, That the Federal Emergency
Management Agency shall provide the regional grants and
regional technical assistance expenditure plan to the
Committees on Appropriations of the Senate and the House of
Representatives on or before August 1, 2007: Provided further,
That funds for such regional grants and regional technical
assistance shall remain available until September 30, 2008.
EMERGENCY MANAGEMENT PERFORMANCE GRANTS
For an additional amount for ``Emergency Management
Performance Grants'', $50,000,000.
United States Citizenship and Immigration Services
For an additional amount for expenses of ``United States
Citizenship and Immigration Services'' to address backlogs of
security checks associated with pending applications and
petitions, $8,000,000, to remain available until September 30,
2008: Provided, That none of the funds made available under
this heading shall be available for obligation until the
Secretary of Homeland Security, in consultation with the United
States Attorney General, submits to the Committees on
Appropriations of the Senate and the House of Representatives a
plan to eliminate the backlog of security checks that
establishes information sharing protocols to ensure United
States Citizenship and Immigration Services has the information
it needs to carry out its mission.
Science and Technology
RESEARCH, DEVELOPMENT, ACQUISITION, AND OPERATIONS
For an additional amount for ``Research, Development,
Acquisition, and Operations'' for air cargo security research,
$5,000,000, to remain available until expended.
Domestic Nuclear Detection Office
RESEARCH, DEVELOPMENT, AND OPERATIONS
For an additional amount for ``Research, Development, and
Operations'' for non-container, rail, aviation and intermodal
radiation detection activities, $35,000,000, to remain
available until expended: Provided, That $5,000,000 is to
enhance detection links between seaports and railroads as
authorized in section 121(i) of the Security and Accountability
For Every Port Act of 2006 (Public Law 109-347); $8,000,000 is
to accelerate development and deployment of detection systems
at international rail border crossings; and $22,000,000 is for
development and deployment of a variety of screening
technologies at aviation facilities.
SYSTEMS ACQUISITION
For an additional amount for ``Systems Acquisition'',
$100,000,000, to remain available until expended: Provided,
That none of the funds appropriated under this heading shall be
obligated for full scale procurement of Advanced Spectroscopic
Portal Monitors until the Secretary of Homeland Security has
certified through a report to the Committees on Appropriations
of the Senate and the House of Representatives that a
significant increase in operational effectiveness will be
achieved.
GENERAL PROVISIONS--THIS CHAPTER
Sec. 3501. None of the funds provided in this Act, or Public
Law 109-295, shall be available to carry out section 872 of
Public Law 107-296.
Sec. 3502. The Secretary of Homeland Security shall require
that all contracts of the Department of Homeland Security that
provide award fees link such fees to successful acquisition
outcomes (which outcomes shall be specified in terms of cost,
schedule, and performance).
CHAPTER 6
LEGISLATIVE BRANCH
HOUSE OF REPRESENTATIVES
Salaries and Expenses
For an additional amount for ``Salaries and Expenses'',
$6,437,000, as follows:
Allowances and Expenses
For an additional amount for allowances and expenses as
authorized by House resolution or law, $6,437,000 for business
continuity and disaster recovery, to remain available until
expended.
GOVERNMENT ACCOUNTABILITY OFFICE
Salaries and Expenses
For an additional amount for ``Salaries and Expenses'' of the
Government Accountability Office, $374,000, to remain available
until September 30, 2008.
CHAPTER 7
DEPARTMENT OF DEFENSE
Department of Defense Base Closure Account 2005
For deposit into the Department of Defense Base Closure
Account 2005, established by section 2906A(a)(1) of the Defense
Base Closure and Realignment Act of 1990 (10 U.S.C. 2687 note),
$3,136,802,000, to remain available until expended: Provided,
That within 30 days of the enactment of this Act, the Secretary
of Defense shall submit a detailed spending plan to the
Committees on Appropriations of the House of Representatives
and the Senate.
GENERAL PROVISIONS--THIS CHAPTER
Sec. 3701. Notwithstanding any other provision of law, none
of the funds in this or any other Act may be used to close
Walter Reed Army Medical Center until equivalent medical
facilities at the Walter Reed National Military Medical Center
at Naval Medical Center, Bethesda, Maryland, and/or the Fort
Belvoir, Virginia, Community Hospital have been constructed and
equipped: Provided, That to ensure that the quality of care
provided by the Military Health System is not diminished during
this transition, the Walter Reed Army Medical Center shall be
adequately funded, to include necessary renovation and
maintenance of existing facilities, to maintain the maximum
level of inpatient and outpatient services.
Sec. 3702. Notwithstanding any other provision of law, none
of the funds in this or any other Act shall be used to
reorganize or relocate the functions of the Armed Forces
Institute of Pathology (AFIP) until the Secretary of Defense
has submitted, not later than December 31, 2007, a detailed
plan and timetable for the proposed reorganization and
relocation to the Committees on Appropriations and Armed
Services of the Senate and House of Representatives. The plan
shall take into consideration the recommendations of a study
being prepared by the Government Accountability Office (GAO),
provided that such study is available not later than 45 days
before the date specified in this section, on the impact of
dispersing selected functions of AFIP among several locations,
and the possibility of consolidating those functions at one
location. The plan shall include an analysis of the options for
the location and operation of the Program Management Office for
second opinion consults that are consistent with the
recommendations of the Base Realignment and Closure Commission,
together with the rationale for the option selected by the
Secretary.
Sec. 3703. The Secretary of the Navy shall, notwithstanding
any other provision of law, transfer to the Secretary of the
Air Force, at no cost, all lands, easements, Air Installation
Compatible Use Zones, and facilities at NASJRB Willow Grove
designated for operation as a Joint Interagency Installation
for use by the Pennsylvania National Guard and other Department
of Defense components, government agencies, and associated
users to perform national defense, homeland security, and
emergency preparedness missions.
CHAPTER 8
DEPARTMENT OF STATE AND RELATED AGENCY
DEPARTMENT OF STATE
Administration of Foreign Affairs
DIPLOMATIC AND CONSULAR PROGRAMS
(INCLUDING TRANSFER OF FUNDS)
For an additional amount for ``Diplomatic and Consular
Programs'', $34,103,000, to remain available until September
30, 2008, of which $31,845,000 for World Wide Security Upgrades
is available until expended: Provided, That of the amount
available under this heading, $258,000 shall be transferred to,
and merged with, funds available in fiscal year 2007 for
expenses for the United States Commission on International
Religious Freedom: Provided further, That within 15 days of
enactment of this Act, the Office of Management and Budget
shall apportion $15,000,000 from amounts appropriated or
otherwise made available by chapter 8 of title II of division B
of Public Law 109-148 under the heading ``Emergencies in the
Diplomatic and Consular Service'' to reimburse expenditures
from that account in facilitating the evacuation of persons
from Lebanon between July 16, 2006 and the date of enactment of
this Act.
OFFICE OF THE INSPECTOR GENERAL
For an additional amount for ``Office of Inspector General'',
$1,500,000, to remain available until December 31, 2008.
International Organizations
CONTRIBUTIONS TO INTERNATIONAL ORGANIZATIONS
For an additional amount for ``Contributions to International
Organizations'', $50,000,000, to remain available until
September 30, 2008.
BILATERAL ECONOMIC ASSISTANCE
Funds Appropriated to the President
UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT
INTERNATIONAL DISASTER AND FAMINE ASSISTANCE
For an additional amount for ``International Disaster and
Famine Assistance'', $60,000,000, to remain available until
expended.
OPERATING EXPENSES OF THE UNITED STATES AGENCY FOR INTERNATIONAL
DEVELOPMENT
For an additional amount for ``Operating Expenses of the
United States Agency for International Development'',
$3,000,000, to remain available until September 30, 2008.
OPERATING EXPENSES OF THE UNITED STATES AGENCY FOR INTERNATIONAL
DEVELOPMENT OFFICE OF INSPECTOR GENERAL
For an additional amount for ``Operating Expenses of the
United States Agency for International Development Office of
Inspector General'', $3,500,000, to remain available until
September 30, 2008.
Other Bilateral Economic Assistance
ECONOMIC SUPPORT FUND
For an additional amount for ``Economic Support Fund'',
$122,300,000, to remain available until September 30, 2008.
Department of State
DEMOCRACY FUND
For an additional amount for ``Democracy Fund'', $5,000,000,
to remain available until September 30, 2008.
INTERNATIONAL NARCOTICS CONTROL AND LAW ENFORCEMENT
(INCLUDING RESCISSION OF FUNDS)
For an additional amount for ``International Narcotics
Control and Law Enforcement'', $42,000,000, to remain available
until September 30, 2008.
Of the amounts made available for procurement of a maritime
patrol aircraft for the Colombian Navy under this heading in
Public Law 109-234, $13,000,000 are rescinded.
MIGRATION AND REFUGEE ASSISTANCE
For an additional amount for ``Migration and Refugee
Assistance'', $59,000,000, to remain available until September
30, 2008.
UNITED STATES EMERGENCY REFUGEE AND MIGRATION ASSISTANCE FUND
For an additional amount for ``United States Emergency
Refugee and Migration Assistance Fund'', $25,000,000, to remain
available until expended.
NONPROLIFERATION, ANTI-TERRORISM, DEMINING AND RELATED PROGRAMS
For an additional amount for ``Nonproliferation, Anti-
Terrorism, Demining and Related Programs'', $30,000,000, to
remain available until September 30, 2008.
MILITARY ASSISTANCE
Funds Appropriated to the President
FOREIGN MILITARY FINANCING PROGRAM
For an additional amount for ``Foreign Military Financing
Program'', $45,000,000, to remain available until September 30,
2008.
PEACEKEEPING OPERATIONS
For an additional amount for ``Peacekeeping Operations'',
$40,000,000, to remain available until September 30, 2008:
Provided, That funds appropriated under this heading shall be
made available, notwithstanding section 660 of the Foreign
Assistance Act of 1961, for assistance for Liberia for security
sector reform.
GENERAL PROVISIONS--THIS CHAPTER
EXTENSION OF OVERSIGHT AUTHORITY
Sec. 3801. Section 3001(o)(1)(B) of the Emergency
Supplemental Appropriations Act for Defense and for the
Reconstruction of Iraq and Afghanistan, 2004 (Public Law 108-
106; 117 Stat. 1238; 5 U.S.C. App., note to section 8G of
Public Law 95-452), as amended by section 1054(b) of the John
Warner National Defense Authorization Act for Fiscal Year 2007
(Public Law 109-364; 120 Stat. 2397) and section 2 of the Iraq
Reconstruction Accountability Act of 2006 (Public Law 109-440),
is amended by inserting ``or fiscal year 2007'' after ``fiscal
year 2006''.
LEBANON
Sec. 3802. (a) Limitation on Economic Support Fund Assistance
for Lebanon.--None of the funds made available in this Act
under the heading ``Economic Support Fund'' for cash transfer
assistance for the Government of Lebanon may be made available
for obligation until the Secretary of State reports to the
Committees on Appropriations on Lebanon's economic reform plan
and on the specific conditions and verifiable benchmarks that
have been agreed upon by the United States and the Government
of Lebanon pursuant to the Memorandum of Understanding on cash
transfer assistance for Lebanon.
(b) Limitation on Foreign Military Financing Program and
International Narcotics Control and Law Enforcement Assistance
for Lebanon.-- None of the funds made available in this Act
under the heading ``Foreign Military Financing Program'' or
``International Narcotics Control and Law Enforcement'' for
military or police assistance to Lebanon may be made available
for obligation until the Secretary of State submits to the
Committees on Appropriations a report on procedures established
to determine eligibility of members and units of the armed
forces and police forces of Lebanon to participate in United
States training and assistance programs and on the end use
monitoring of all equipment provided under such programs to the
Lebanese armed forces and police forces.
(c) Certification Required.--Prior to the initial obligation
of funds made available in this Act for assistance for Lebanon
under the headings ``Foreign Military Financing Program'' and
``Nonproliferation, Anti-Terrorism, Demining and Related
Programs'', the Secretary of State shall certify to the
Committees on Appropriations that all practicable efforts have
been made to ensure that such assistance is not provided to or
through any individual, or private or government entity, that
advocates, plans, sponsors, engages in, or has engaged in,
terrorist activity.
(d) Report Required.--Not later than 45 days after the date
of the enactment of this Act, the Secretary of State shall
submit to the Committees on Appropriations a report on the
Government of Lebanon's actions to implement section 14 of
United Nations Security Council Resolution 1701 (August 11,
2006).
(e) Special Authority.--This section shall be effective
notwithstanding section 534(a) of Public Law 109-102, which is
made applicable to funds appropriated for fiscal year 2007 by
the Continuing Appropriations Resolution, 2007 (division B of
Public Law 109-289, as amended by Public Law 110-5).
DEBT RESTRUCTURING
Sec. 3803. Amounts appropriated for fiscal year 2007 for
``Bilateral Economic Assistance--Department of the Treasury--
Debt Restructuring'' may be used to assist Liberia in retiring
its debt arrearages to the International Monetary Fund, the
International Bank for Reconstruction and Development, and the
African Development Bank.
GOVERNMENT ACCOUNTABILITY OFFICE
Sec. 3804. To facilitate effective oversight of programs and
activities in Iraq by the Government Accountability Office
(GAO), the Department of State shall provide GAO staff members
the country clearances, life support, and logistical and
security support necessary for GAO personnel to establish a
presence in Iraq for periods of not less than 45 days.
HUMAN RIGHTS AND DEMOCRACY FUND
Sec. 3805. The Assistant Secretary of State for Democracy,
Human Rights, and Labor shall be responsible for all policy,
funding, and programming decisions regarding funds made
available under this Act and prior Acts making appropriations
for foreign operations, export financing and related programs
for the Human Rights and Democracy Fund of the Bureau of
Democracy, Human Rights, and Labor.
INSPECTOR GENERAL OVERSIGHT OF IRAQ AND AFGHANISTAN
Sec. 3806. (a) In General.--Subject to paragraph (2), the
Inspector General of the Department of State and the
Broadcasting Board of Governors (referred to in this section as
the ``Inspector General'') may use personal services contracts
to engage citizens of the United States to facilitate and
support the Office of the Inspector General's oversight of
programs and operations related to Iraq and Afghanistan.
Individuals engaged by contract to perform such services shall
not, by virtue of such contract, be considered to be employees
of the United States Government for purposes of any law
administered by the Office of Personnel Management. The
Secretary of State may determine the applicability to such
individuals of any law administered by the Secretary concerning
the performance of such services by such individuals.
(b) Conditions.--The authority under paragraph (1) is subject
to the following conditions:
(1) The Inspector General determines that existing
personnel resources are insufficient.
(2) The contract length for a personal services
contractor, including options, may not exceed 1 year,
unless the Inspector General makes a finding that
exceptional circumstances justify an extension of up to
1 additional year.
(3) Not more than 10 individuals may be employed at
any time as personal services contractors under the
program.
(c) Termination of Authority.--The authority to award
personal services contracts under this section shall terminate
on December 31, 2007. A contract entered into prior to the
termination date under this paragraph may remain in effect
until not later than December 31, 2009.
(d) Other Authorities Not Affected.--The authority under this
section is in addition to any other authority of the Inspector
General to hire personal services contractors.
FUNDING TABLES, REPORTS AND DIRECTIVES
Sec. 3807. (a) Funds provided in this Act for the following
accounts shall be made available for countries, programs and
activities in the amounts contained in the respective tables
and should be expended consistent with the reporting
requirements and directives included in the joint explanatory
statement accompanying the conference report on H.R. 1591 of
the 110th Congress (H. Rept. 110-107):
``Diplomatic and Consular Programs''.
``Office of the Inspector General''.
``Educational and Cultural Exchange Programs''.
``Contributions to International Organizations''.
``Contributions for International Peacekeeping
Activities''.
``Child Survival and Health Programs Fund''.
``International Disaster and Famine Assistance''.
``Operating Expenses of the United States Agency for
International Development''.
``Operating Expenses of the United States Agency for
International Development Office of Inspector
General''.
``Economic Support Fund''.
``Assistance for Eastern Europe and the Baltic
States''.
``Democracy Fund''.
``International Narcotics Control and Law
Enforcement''.
``Migration and Refugee Assistance''.
``Nonproliferation, Anti-Terrorism, Demining and
Related Programs''.
``Foreign Military Financing Program''.
``Peacekeeping Operations''.
(b) Any proposed increases or decreases to the amounts
contained in the tables in the joint explanatory statement
shall be subject to the regular notification procedures of the
Committees on Appropriations and section 634A of the Foreign
Assistance Act of 1961.
SPENDING PLAN AND NOTIFICATION PROCEDURES
Sec. 3808. Not later than 45 days after enactment of this Act
the Secretary of State shall submit to the Committees on
Appropriations a report detailing planned expenditures for
funds appropriated under the headings in this chapter and under
the headings in chapter 6 of title I, except for funds
appropriated under the heading ``International Disaster and
Famine Assistance'': Provided, That funds appropriated under
the headings in this chapter and in chapter 6 of title I,
except for funds appropriated under the heading named in this
section, shall be subject to the regular notification
procedures of the Committees on Appropriations.
CONDITIONS ON ASSISTANCE FOR PAKISTAN
Sec. 3809. None of the funds made available for assistance
for the central Government of Pakistan under the heading
``Economic Support Fund'' in this Act may be made available for
non-project assistance until the Secretary of State submits to
the Committees on Appropriations a report on the oversight
mechanisms, performance benchmarks, and implementation
processes for such funds: Provided, That notwithstanding any
other provision of law, funds made available for non-project
assistance pursuant to the previous proviso shall be subject to
the regular notification procedures of the Committees on
Appropriations: Provided further, That of the funds made
available for assistance for Pakistan under the heading
``Economic Support Fund'' in this Act, $5,000,000 shall be made
available for the Human Rights and Democracy Fund of the Bureau
of Democracy, Human Rights, and Labor, Department of State, for
political party development and election observation programs.
CIVILIAN RESERVE CORPS
Sec. 3810. Of the funds appropriated by this Act under the
heading ``Diplomatic and Consular Programs'', up to $50,000,000
may be made available to support and maintain a civilian
reserve corps: Provided, That none of the funds for a civilian
reserve corps may be obligated without specific authorization
in a subsequent Act of Congress: Provided further, That funds
made available for this purpose shall be subject to the regular
notification procedures of the Committees on Appropriations.
EXTENSION OF AVAILABILITY OF FUNDS
Sec. 3811. Section 1302(a) of Public Law 109-234 is amended
by striking ``one additional year'' and inserting ``two
additional years''.
SPECIAL IMMIGRANT STATUS FOR CERTAIN ALIENS SERVING AS TRANSLATORS OR
INTERPRETERS WITH FEDERAL AGENCIES
Sec. 3812. (a) Increase in Numbers Admitted.--Section 1059 of
the National Defense Authorization Act for Fiscal Year 2006 (8
U.S.C. 1101 note) is amended--
(1) in subsection (b)(1)--
(A) in subparagraph (B), by striking ``as a
translator'' and inserting ``, or under Chief
of Mission authority, as a translator or
interpreter'';
(B) in subparagraph (C), by inserting ``the
Chief of Mission or'' after ``recommendation
from''; and
(C) in subparagraph (D), by inserting ``the
Chief of Mission or'' after ``as determined
by''; and
(2) in subsection (c)(1), by striking ``section
during any fiscal year shall not exceed 50.'' and
inserting the following: ``section--
``(A) during each of the fiscal years 2007
and 2008, shall not exceed 500; and
``(B) during any other fiscal year shall not
exceed 50.''.
(b) Aliens Exempt From Employment-Based Numerical
Limitations.--Section 1059(c)(2) of such Act is amended--
(1) by amending the paragraph designation and heading
to read as follows:
``(2) Aliens exempt from employment-based numerical
limitations.--''; and
(2) by inserting ``and shall not be counted against
the numerical limitations under sections 201(d),
202(a), and 203(b)(4) of the Immigration and
Nationality Act (8 U.S.C. 1151(d), 1152(a), and
1153(b)(4))'' before the period at the end.
(c) Adjustment of Status.--Section 1059 of such Act is
further amended--
(1) by redesignating subsection (d) as subsection
(e); and
(2) by inserting after subsection (c) the following:
``(d) Adjustment of Status.--Notwithstanding paragraphs (2),
(7) and (8) of section 245(c) of the Immigration and
Nationality Act (8 U.S.C. 1255(c)), the Secretary of Homeland
Security may adjust the status of an alien to that of a lawful
permanent resident under section 245(a) of such Act if the
alien--
``(1) was paroled or admitted as a nonimmigrant into the
United States; and
``(2) is otherwise eligible for special immigrant status
under this section and under the Immigration and Nationality
Act.''.
TITLE IV--ADDITIONAL HURRICANE DISASTER RELIEF AND RECOVERY
CHAPTER 1
DEPARTMENT OF AGRICULTURE
GENERAL PROVISION--THIS CHAPTER
Sec. 4101. Section 1231(k)(2) of the Food Security Act of
1985 (16 U.S.C. 3831(k)(2)) is amended by striking ``During
calendar year 2006, the'' and inserting ``The''.
CHAPTER 2
DEPARTMENT OF JUSTICE
Office of Justice Programs
STATE AND LOCAL LAW ENFORCEMENT ASSISTANCE
For an additional amount for ``State and Local Law
Enforcement Assistance'', for discretionary grants authorized
by subpart 2 of part E, of title I of the Omnibus Crime Control
and Safe Streets Act of 1968 as in effect on September 30,
2006, notwithstanding the provisions of section 511 of said
Act, $50,000,000, to remain available until expended: Provided,
That the amount made available under this heading shall be for
local law enforcement initiatives in the Gulf Coast region
related to the aftermath of Hurricane Katrina: Provided
further, That these funds shall be apportioned among the States
in quotient to their level of violent crime as estimated by the
Federal Bureau of Investigation's Uniform Crime Report for the
year 2005.
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
OPERATIONS, RESEARCH, AND FACILITIES
For an additional amount for ``Operations, Research, and
Facilities'', for necessary expenses related to the
consequences of Hurricanes Katrina and Rita on the shrimp and
fishing industries, $110,000,000, to remain available until
September 30, 2008.
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
EXPLORATION CAPABILITIES
For an additional amount for ``Exploration Capabilities'' for
necessary expenses related to the consequences of Hurricane
Katrina, $20,000,000, to remain available until September 30,
2009.
GENERAL PROVISIONS--THIS CHAPTER
Sec. 4201. Funds provided in this Act for the ``Department of
Commerce, National Oceanic and Atmospheric Administration,
Operations, Research, and Facilities'', shall be made available
according to the language relating to such account in the joint
explanatory statement accompanying the conference report on
H.R. 1591 of the 110th Congress (H. Rept. 110-107).
Sec. 4202. Up to $48,000,000 of amounts made available to the
National Aeronautics and Space Administration in Public Law
109-148 and Public Law 109-234 for emergency hurricane and
other natural disaster-related expenses may be used to
reimburse hurricane-related costs incurred by NASA in fiscal
year 2005.
CHAPTER 3
DEPARTMENT OF DEFENSE--CIVIL
DEPARTMENT OF THE ARMY
Corps of Engineers--Civil
CONSTRUCTION
For an additional amount for ``Construction'' for necessary
expenses related to the consequences of Hurricane Katrina and
other hurricanes of the 2005 season, $25,300,000, to remain
available until expended, which may be used to continue
construction of projects related to interior drainage for the
greater New Orleans metropolitan area.
FLOOD CONTROL AND COASTAL EMERGENCIES
For an additional amount for ``Flood Control and Coastal
Emergencies'', as authorized by section 5 of the Act of August
18, 1941 (33 U.S.C. 701n), for necessary expenses relating to
the consequences of Hurricanes Katrina and Rita and for other
purposes, $1,407,700,000, to remain available until expended:
Provided, That $1,300,000,000 of the amount provided may be
used by the Secretary of the Army to carry out projects and
measures for the West Bank and Vicinity and Lake Ponchartrain
and Vicinity, Louisiana, projects, as described under the
heading ``Flood Control and Coastal Emergencies'', in chapter 3
of Public Law 109-148: Provided further, That $107,700,000 of
the amount provided may be used to implement the projects for
hurricane storm damage reduction, flood damage reduction, and
ecosystem restoration within Hancock, Harrison, and Jackson
Counties, Mississippi substantially in accordance with the
Report of the Chief of Engineers dated December 31, 2006, and
entitled ``Mississippi, Coastal Improvements Program Interim
Report, Hancock, Harrison, and Jackson Counties, Mississippi'':
Provided further, That projects authorized for implementation
under this Chief's report shall be carried out at full Federal
expense, except that the non-Federal interests shall be
responsible for providing for all costs associated with
operation and maintenance of the project: Provided further,
That any project using funds appropriated under this heading
shall be initiated only after non-Federal interests have
entered into binding agreements with the Secretary requiring
the non-Federal interests to pay 100 percent of the operation,
maintenance, repair, replacement, and rehabilitation costs of
the project and to hold and save the United States free from
damages due to the construction or operation and maintenance of
the project, except for damages due to the fault or negligence
of the United States or its contractors: Provided further, That
the Chief of Engineers, acting through the Assistant Secretary
of the Army for Civil Works, shall provide a monthly report to
the House and Senate Committees on Appropriations detailing the
allocation and obligation of these funds, beginning not later
than 60 days after enactment of this Act.
GENERAL PROVISIONS--THIS CHAPTER
Sec. 4301. The Secretary is authorized and directed to
determine the value of eligible reimbursable expenses incurred
by local governments in storm-proofing pumping stations,
constructing safe houses for operators, and other interim flood
control measures in and around the New Orleans metropolitan
area that the Secretary determines to be integral to the
overall plan to ensure operability of the stations during
hurricanes, storms and high water events and the flood control
plan for the area.
Sec. 4302. (a) The Secretary of the Army is authorized and
directed to utilize funds remaining available for obligation
from the amounts appropriated in chapter 3 of Public Law 109-
234 under the heading ``Flood Control and Coastal Emergencies''
for projects in the greater New Orleans metropolitan area to
prosecute these projects in a manner which promotes the goal of
continuing work at an optimal pace, while maximizing, to the
greatest extent practicable, levels of protection to reduce the
risk of storm damage to people and property.
(b) The expenditure of funds as provided in subsection (a)
may be made without regard to individual amounts or purposes
specified in chapter 3 of Public Law 109-234.
(c) Any reallocation of funds that are necessary to
accomplish the goal established in subsection (a) are
authorized, subject to the approval of the House and Senate
Committees on Appropriation.
Sec. 4303. The Chief of Engineers shall investigate the
overall technical advantages, disadvantages and operational
effectiveness of operating the new pumping stations at the
mouths of the 17th Street, Orleans Avenue and London Avenue
canals in the New Orleans area directed for construction in
Public Law 109-234 concurrently or in series with existing
pumping stations serving these canals and the advantages,
disadvantages and technical operational effectiveness of
removing the existing pumping stations and configuring the new
pumping stations and associated canals to handle all needed
discharges to the lakefront or in combination with discharges
directly to the Mississippi River in Jefferson Parish; and the
advantages, disadvantages and technical operational
effectiveness of replacing or improving the floodwalls and
levees adjacent to the three outfall canals: Provided, That the
analysis should be conducted at Federal expense: Provided
further, That the analysis shall be completed and furnished to
the Congress not later than three months after enactment of
this Act.
Sec. 4304. Using funds made available in Chapter 3 under
title II of Public Law 109-234, under the heading
``Investigations'', the Secretary of the Army, in consultation
with other agencies and the State of Louisiana shall accelerate
completion as practicable the final report of the Chief of
Engineers recommending a comprehensive plan to deauthorize deep
draft navigation on the Mississippi River Gulf Outlet:
Provided, That the plan shall incorporate and build upon the
Interim Mississippi River Gulf Outlet Deep-Draft De-
Authorization Report submitted to Congress in December 2006
pursuant to Public Law 109-234.
CHAPTER 4
SMALL BUSINESS ADMINISTRATION
Disaster Loans Program Account
(INCLUDING TRANSFERS OF FUNDS)
Of the unobligated balances under the heading ``Small
Business Administration, Disaster Loans Program Account'',
$181,069,000, to remain available until expended, shall be used
for administrative expenses to carry out the disaster loan
program, which may be transferred to and merged with ``Small
Business Administration, Salaries and Expenses'', of which
$500,000 is for the Office of Inspector General of the Small
Business Administration for audits and reviews of disaster
loans and the disaster loan program and shall be paid to
appropriations for the Office of Inspector General; of which
$171,569,000 is for direct administrative expenses of loan
making and servicing to carry out the direct loan program; and
of which $9,000,000 is for indirect administrative expenses.
Of the unobligated balances under the heading ``Small
Business Administration, Disaster Loans Program Account'',
$25,000,000 shall be made available for loans under section
7(b)(2) of the Small Business Act to pre-existing businesses
located in an area for which the President declared a major
disaster because of the hurricanes in the Gulf of Mexico in
calendar year 2005, of which not to exceed $8,750,000 is for
direct administrative expenses and may be transferred to and
merged with ``Small Business Administration, Salaries and
Expenses'' to carry out the disaster loan program of the Small
Business Administration.
Of the unobligated balances under the heading ``Small
Business Administration, Disaster Loans Program Account'',
$150,000,000 is transferred to the ``Federal Emergency
Management Agency, Disaster Relief'' account.
CHAPTER 5
DEPARTMENT OF HOMELAND SECURITY
Federal Emergency Management Agency
DISASTER RELIEF
(INCLUDING TRANSFER OF FUNDS)
For an additional amount for ``Disaster Relief'',
$710,000,000, to remain available until expended: Provided,
That $4,000,000 shall be transferred to ``Office of Inspector
General'': Provided further, That the Government Accountability
Office shall review how the Federal Emergency Management Agency
develops its estimates of the funds needed to respond to any
given disaster as described in House Report 110-60.
GENERAL PROVISIONS--THIS CHAPTER
Sec. 4501. (a) In General.--Notwithstanding any other
provision of law, including any agreement, the Federal share of
assistance, including direct Federal assistance, provided for
the States of Louisiana, Mississippi, Florida, Alabama, and
Texas in connection with Hurricanes Katrina, Wilma, Dennis, and
Rita under sections 403, 406, 407, and 408 of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5170b, 5172, 5173, and 5174) shall be 100 percent of the
eligible costs under such sections.
(b) Applicability.--
(1) In general.--The Federal share provided by
subsection (a) shall apply to disaster assistance
applied for before the date of enactment of this Act.
(2) Limitation.--In the case of disaster assistance
provided under sections 403, 406, and 407 of the Robert
T. Stafford Disaster Relief and Emergency Assistance
Act, the Federal share provided by subsection (a) shall
be limited to assistance provided for projects for
which a ``request for public assistance form'' has been
submitted.
Sec. 4502. (a) Community Disaster Loan Act.--
(1) In general.--Section 2(a) of the Community
Disaster Loan Act of 2005 (Public Law 109-88) is
amended by striking ``Provided further, That
notwithstanding section 417(c)(1) of the Stafford Act,
such loans may not be canceled:''.
(2) Effective date.--The amendment made by paragraph
(1) shall be effective on the date of enactment of the
Community Disaster Loan Act of 2005 (Public Law 109-
88).
(b) Emergency Supplemental Appropriations Act.--
(1) In general.--Chapter 4 of title II of the
Emergency Supplemental Appropriations Act for Defense,
the Global War on Terror, and Hurricane Recovery, 2006
(Public Law 109-234) is amended under Federal Emergency
Management Agency, ``Disaster Assistance Direct Loan
Program Account'' by striking ``Provided further, That
notwithstanding section 417(c)(1) of such Act, such
loans may not be canceled:''.
(2) Effective date.--The amendment made by paragraph
(1) shall be effective on the date of enactment of the
Emergency Supplemental Appropriations Act for Defense,
the Global War on Terror, and Hurricane Recovery, 2006
(Public Law 109-234).
Sec. 4503. (a) In General.--Section 2401 of the Emergency
Supplemental Appropriations Act for Defense, the Global War on
Terror, and Hurricane Recovery, 2006 (Public Law 109-234) is
amended by striking ``12 months'' and inserting ``24 months''.
(b) Effective Date.--The amendment made by this section shall
be effective on the date of enactment of the Emergency
Supplemental Appropriations Act for Defense, the Global War on
Terror, and Hurricane Recovery, 2006 (Public Law 109-234).
CHAPTER 6
DEPARTMENT OF THE INTERIOR
National Park Service
HISTORIC PRESERVATION FUND
For an additional amount for the ``Historic Preservation
Fund'' for necessary expenses related to the consequences of
Hurricane Katrina and other hurricanes of the 2005 season,
$10,000,000, to remain available until September 30, 2008:
Provided, That the funds provided under this heading shall be
provided to the State Historic Preservation Officer, after
consultation with the National Park Service, for grants for
disaster relief in areas of Louisiana impacted by Hurricanes
Katrina or Rita: Provided further, That grants shall be for the
preservation, stabilization, rehabilitation, and repair of
historic properties listed in or eligible for the National
Register of Historic Places, for planning and technical
assistance: Provided further, That grants shall only be
available for areas that the President determines to be a major
disaster under section 102(2) of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C.
5122(2)) due to Hurricanes Katrina or Rita: Provided further,
That individual grants shall not be subject to a non-Federal
matching requirement: Provided further, That no more than 5
percent of funds provided under this heading for disaster
relief grants may be used for administrative expenses.
GENERAL PROVISION--THIS CHAPTER
(INCLUDING TRANSFER OF FUNDS)
Sec. 4601. Of the disaster relief funds from Public Law 109-
234, 120 Stat. 418, 461, (June 30, 2006), chapter 5, ``National
Park Service--Historic Preservation Fund'', for necessary
expenses related to the consequences of Hurricane Katrina and
other hurricanes of the 2005 season that were allocated to the
State of Mississippi by the National Park Service, $500,000 is
hereby transferred to the ``National Park Service--National
Recreation and Preservation'' appropriation: Provided, That
these funds may be used to reconstruct destroyed properties
that at the time of destruction were listed in the National
Register of Historic Places and are otherwise qualified to
receive these funds: Provided further, That the State Historic
Preservation Officer certifies that, for the community where
that destroyed property was located, the property is iconic to
or essential to illustrating that community's historic
identity, that no other property in that community with the
same associative historic value has survived, and that
sufficient historical documentation exists to ensure an
accurate reproduction.
CHAPTER 7
DEPARTMENT OF EDUCATION
Higher Education
For an additional amount under part B of title VII of the
Higher Education Act of 1965 (``HEA'') for institutions of
higher education (as defined in section 101 or section 102(c)
of that Act) that are located in an area in which a major
disaster was declared in accordance with section 401 of the
Robert T. Stafford Disaster Relief and Emergency Assistance Act
related to Hurricanes Katrina or Rita, $30,000,000: Provided,
That such funds shall be available to the Secretary of
Education only for payments to help defray the expenses (which
may include lost revenue, reimbursement for expenses already
incurred, and construction) incurred by such institutions of
higher education that were forced to close, relocate or
significantly curtail their activities as a result of damage
directly caused by such hurricanes and for payments to enable
such institutions to provide grants to students who attend such
institutions for academic years beginning on or after July 1,
2006: Provided further, That such payments shall be made in
accordance with criteria established by the Secretary and made
publicly available without regard to section 437 of the General
Education Provisions Act, section 553 of title 5, United States
Code, or part B of title VII of the HEA: Provided further, That
the Secretary shall award funds available under this paragraph
not later than 60 days after the date of the enactment of this
Act.
Hurricane Education Recovery
For carrying out activities authorized by subpart 1 of part D
of title V of the Elementary and Secondary Education Act of
1965, $30,000,000, to remain available until expended, for use
by the States of Louisiana, Mississippi, and Alabama primarily
for recruiting, retaining, and compensating new and current
teachers, school principals, assistant principals, principal
resident directors, assistant directors, and other educators,
who commit to work for at least three years in school-based
positions in public elementary and secondary schools located in
an area with respect to which a major disaster was declared
under section 401 of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5170) by reason of
Hurricane Katrina or Hurricane Rita, including through such
mechanisms as paying salary premiums, performance bonuses,
housing subsidies, signing bonuses, and relocation costs and
providing loan forgiveness, with priority given to teachers and
school-based school principals, assistant principals, principal
resident directors, assistant directors, and other educators
who previously worked or lived in one of the affected areas,
are currently employed (or become employed) in such a school in
any of the affected areas after those disasters, and commit to
continue that employment for at least 3 years, Provided, That
funds available under this heading to such States may also be
used for 1 or more of the following activities: (1) to build
the capacity, knowledge, and skill of teachers and school-based
school principals, assistant principals, principal resident
directors, assistant directors, and other educators in such
public elementary and secondary schools to provide an effective
education, including the design, adaptation, and implementation
of high-quality formative assessments; (2) the establishment of
partnerships with nonprofit entities with a demonstrated track
record in recruiting and retaining outstanding teachers and
other school-based school principals, assistant principals,
principal resident directors, and assistant directors; and (3)
paid release time for teachers and principals to identify and
replicate successful practices from the fastest-improving and
highest-performing schools: Provided further, That the
Secretary of Education shall allocate amounts available under
this heading among such States that submit applications; that
such allocation shall be based on the number of public
elementary and secondary schools in each State that were closed
for 19 days or more during the period beginning on August 29,
2005, and ending on December 31, 2005, due to Hurricane Katrina
or Hurricane Rita; and that such States shall in turn allocate
funds to local educational agencies, with priority given first
to such agencies with the highest percentages of public
elementary and secondary schools that are closed as a result of
such hurricanes as of the date of enactment of this Act and
then to such agencies with the highest percentages of public
elementary and secondary schools with a student-teacher ratio
of at least 25 to 1, and with any remaining amounts to be
distributed to such agencies with demonstrated need, as
determined by the State Superintendent of Education: Provided
further, That, in the case of any State that chooses to use
amounts available under this heading for performance bonuses,
not later than 60 days after the date of enactment of this Act,
and in collaboration with local educational agencies, teachers'
unions, local principals' organizations, local parents'
organizations, local business organizations, and local charter
schools organizations, the State educational agency shall
develop a plan for a rating system for performance bonuses, and
if no agreement has been reached that is satisfactory to all
consulting entities by such deadline, the State educational
agency shall immediately send a letter notifying Congress and
shall, not later than 30 days after such notification,
establish and implement a rating system that shall be based on
classroom observation and feedback more than once annually,
conducted by multiple sources (including, but not limited to,
principals and master teachers), and evaluated against
research-based rubrics that use planning, instructional, and
learning environment standards to measure teacher performance,
except that the requirements of this proviso shall not apply to
a State that has enacted a State law in 2006 authorizing
performance pay for teachers.
Programs to Restart School Operations
Funds made available under section 102 of the Hurricane
Education Recovery Act (title IV of division B of Public Law
109-148) may be used by the States of Louisiana, Mississippi,
Alabama, and Texas, in addition to the uses of funds described
in section 102(e), for the following costs: (1) recruiting,
retaining, and compensating new and current teachers, school
principals, assistant principals, principal resident directors,
assistant directors, and other educators for school-based
positions in public elementary and secondary schools impacted
by Hurricane Katrina or Hurricane Rita, including through such
mechanisms as paying salary premiums, performance bonuses,
housing subsidies, signing bonuses, and relocation costs and
providing loan forgiveness; (2) activities to build the
capacity, knowledge, and skills of teachers and school-based
school principals, assistant principals, principal resident
directors, assistant directors, and other educators in such
public elementary and secondary schools to provide an effective
education, including the design, adaptation, and implementation
of high-quality formative assessments; (3) the establishment of
partnerships with nonprofit entities with a demonstrated track
record in recruiting and retaining outstanding teachers and
school-based school principals, assistant principals, principal
resident directors, and assistant directors; and (4) paid
release time for teachers and principals to identify and
replicate successful practices from the fastest-improving and
highest-performing schools.
GENERAL PROVISIONS--THIS CHAPTER
Sec. 4701. Section 105(b) of title IV of division B of Public
Law 109-148 is amended by adding at the end the following new
sentence: ``With respect to the program authorized by section
102 of this Act, the waiver authority in subsection (a) of this
section shall be available until the end of fiscal year
2008.''.
Sec. 4702. Notwithstanding section 2002(c) of the Social
Security Act (42 U.S.C. 1397a(c)), funds made available under
the heading ``Social Services Block Grant'' in division B of
Public Law 109-148 shall be available for expenditure by the
States through the end of fiscal year 2009.
Sec. 4703. (a) In the event that Louisiana, Mississippi,
Alabama, or Texas fails to meet its match requirement with
funds appropriated in fiscal 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 further, That of the unobligated balances
of funds apportioned to each State under chapter 1 of title 23,
United States Code, $871,022,000 are rescinded: Provided
further, That such rescission shall not apply to the funds
distributed in accordance with sections 130(f) and 104(b)(5) of
title 23, United States Code; sections 133(d)(1) and 163 of
such title, as in effect on the day before the date of
enactment of Public Law 109-59; and the first sentence of
section 133(d)(3)(A) of such title.
Federal Transit Administration
FORMULA GRANTS
For an additional amount to be allocated by the Secretary to
recipients of assistance under chapter 53 of title 49, United
States Code, directly affected by Hurricanes Katrina and Rita,
$35,000,000, for the operating and capital costs of transit
services, to remain available until expended: Provided, That
the Federal share for any project funded from this amount shall
be 100 percent.
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
Office of Inspector General
For an additional amount for the Office of Inspector General,
for the necessary costs related to the consequences of
Hurricanes Katrina and Rita, $7,000,000, to remain available
until expended.
GENERAL PROVISIONS--THIS CHAPTER
Sec. 4801. The third proviso under the heading ``Department
of Housing and Urban Development--Public and Indian Housing--
Tenant-Based Rental Assistance'' in chapter 9 of title I of
division B of Public Law 109-148 (119 Stat. 2779) is amended by
striking ``for up to 18 months'' and inserting ``until December
31, 2007''.
Sec. 4802. Section 21033 of the Continuing Appropriations
Resolution, 2007 (division B of Public Law 109-289, as amended
by Public Law 110-5) is amended by adding after the third
proviso: ``: Provided further, That notwithstanding the
previous proviso, except for applying the 2007 Annual
Adjustment Factor and making any other specified adjustments,
public housing agencies specified in category 1 below shall
receive funding for calendar year 2007 based on the higher of
the amounts the agencies would receive under the previous
proviso or the amounts the agencies received in calendar year
2006, and public housing agencies specified in categories 2 and
3 below shall receive funding for calendar year 2007 equal to
the amounts the agencies received in calendar year 2006, except
that public housing agencies specified in categories 1 and 2
below shall receive funding under this proviso only if, and to
the extent that, any such public housing agency submits a plan,
approved by the Secretary, that demonstrates that the agency
can effectively use within 12 months the funding that the
agency would receive under this proviso that is in addition to
the funding that the agency would receive under the previous
proviso: (1) public housing agencies that are eligible for
assistance under section 901 in Public Law 109-148 (119 Stat.
2781) or are located in the same counties as those eligible
under section 901 and operate voucher programs under section
8(o) of the United States Housing Act of 1937 but do not
operate public housing under section 9 of such Act, and any
public housing agency that otherwise qualifies under this
category must demonstrate that they have experienced a loss of
rental housing stock as a result of the 2005 hurricanes; (2)
public housing agencies that would receive less funding under
the previous proviso than they would receive under this proviso
and that have been placed in receivership or the Secretary has
declared to be in breach of an Annual Contributions Contract by
June 1, 2007; and (3) public housing agencies that spent more
in calendar year 2006 than the total of the amounts of any such
public housing agency's allocation amount for calendar year
2006 and the amount of any such public housing agency's
available housing assistance payments undesignated funds
balance from calendar year 2005 and the amount of any such
public housing agency's available administrative fees
undesignated funds balance through calendar year 2006''.
Sec. 4803. Section 901 of Public Law 109-148 is amended by
deleting ``calendar year 2006'' and inserting ``calendar years
2006 and 2007''.
CHAPTER 9
DEPARTMENT OF VETERANS AFFAIRS
Departmental Administration
CONSTRUCTION, MINOR PROJECTS
(INCLUDING RESCISSION OF FUNDS)
For an additional amount for Department of Veterans Affairs,
``Construction, Minor Projects'', $14,484,754, to remain
available until September 30, 2008, for necessary expenses
related to the consequences of Hurricane Katrina and other
hurricanes of the 2005 season.
Of the funds available until September 30, 2007, for the
``Construction, Minor Projects'' account of the Department of
Veterans Affairs, pursuant to section 2702 of Public Law 109-
234, $14,484,754 are hereby rescinded.
TITLE V--OTHER EMERGENCY APPROPRIATIONS
CHAPTER 1
DEPARTMENT OF AGRICULTURE
GENERAL PROVISION--THIS CHAPTER
Sec. 5101. In addition to any other available funds, there is
hereby appropriated $40,000,000 to the Secretary of
Agriculture, to remain available until expended, for programs
and activities of the Department of Agriculture, as determined
by the Secretary, to provide recovery assistance in response to
damage in conjunction with the Presidential declaration of a
major disaster (FEMA-1699-DR) dated May 6, 2007, for needs not
met by the Federal Emergency Management Agency or private
insurers: Provided, That, in addition, the Secretary may use
funds provided under this section, consistent with the
provisions of this section, to respond to any other
Presidential declaration of a major disaster issued under the
authority of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act, 42 U.S.C. 5121-5206 (the Stafford
Act), declared during fiscal year 2007 for events occurring
before the date of the enactment of this Act or a Secretary of
Agriculture declaration of a natural disaster, declared during
fiscal year 2007 for events occurring before the date of the
enactment of this Act.
CHAPTER 2
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
OPERATIONS, RESEARCH, AND FACILITIES
For an additional amount for ``Operations, Research, and
Facilities'', $60,400,000, to remain available until September
30, 2008: Provided, That the National Marine Fisheries Service
shall cause such amounts to be distributed among eligible
recipients of assistance for the commercial fishery failure
designated under section 312(a) of the Magnuson-Stevens Fishery
Conservation and Management Act (16 U.S.C. 1861a(a)) and
declared by the Secretary of Commerce on August 10, 2006.
CHAPTER 3
DEPARTMENT OF DEFENSE--CIVIL
DEPARTMENT OF THE ARMY
Corps of Engineers--Civil
INVESTIGATIONS
For an additional amount for ``Investigations'' for flood
damage reduction studies to address flooding associated with
disasters covered by Presidential Disaster Declaration FEMA-
1692-DR, $8,165,000, to remain available until expended.
CONSTRUCTION
For an additional amount for ``Construction'' for flood
damage reduction activities associated with disasters covered
by Presidential Disaster Declarations FEMA-1692-DR and FEMA-
1694-DR, $11,200,000, to remain available until expended.
OPERATION AND MAINTENANCE
For an additional amount for ``Operation and Maintenance'' to
dredge navigation channels related to the consequences of
hurricanes of the 2005 season, $3,000,000, to remain available
until expended.
FLOOD CONTROL AND COASTAL EMERGENCIES
For an additional amount for ``Flood Control and Coastal
Emergencies'', as authorized by section 5 of the Act of August
18, 1941 (33 U.S.C. 701n), to support emergency operations,
repairs and other activities in response to flood, drought and
earthquake emergencies as authorized by law, $153,300,000, to
remain available until expended: Provided, That the Chief of
Engineers, acting through the Assistant Secretary of the Army
for Civil Works, shall provide a monthly report to the House
and Senate Committees on Appropriations detailing the
allocation and obligation of these funds, beginning not later
than 60 days after enactment of this Act: Provided further,
That of the funds provided under this heading, $7,000,000 shall
be available for drought emergency assistance.
DEPARTMENT OF THE INTERIOR
Bureau of Reclamation
WATER AND RELATED RESOURCES
For an additional amount for ``Water and Related Resources'',
$18,000,000, to remain available until expended for drought
assistance: Provided, That drought assistance may be provided
under the Reclamation States Drought Emergency Act or other
applicable Reclamation authorities to assist drought plagued
areas of the West.
CHAPTER 4
DEPARTMENT OF THE INTERIOR
Bureau of Land Management
WILDLAND FIRE MANAGEMENT
(INCLUDING TRANSFER OF FUNDS)
For an additional amount for ``Wildland Fire Management'',
$95,000,000, to remain available until expended, for urgent
wildland fire suppression activities: Provided, That such funds
shall only become available if funds previously provided for
wildland fire suppression will be exhausted imminently and the
Secretary of the Interior notifies the House and Senate
Committees on Appropriations in writing of the need for these
additional funds: Provided further, That such funds are also
available for repayment to other appropriations accounts from
which funds were transferred for wildfire suppression.
United States Fish and Wildlife Service
RESOURCE MANAGEMENT
For an additional amount for ``Resource Management'' for the
detection of highly pathogenic avian influenza in wild birds,
including the investigation of morbidity and mortality events,
targeted surveillance in live wild birds, and targeted
surveillance in hunter-taken birds, $7,398,000, to remain
available until September 30, 2008.
National Park Service
OPERATION OF THE NATIONAL PARK SYSTEM
For an additional amount for ``Operation of the National Park
System'' for the detection of highly pathogenic avian influenza
in wild birds, including the investigation of morbidity and
mortality events, $525,000, to remain available until September
30, 2008.
United States Geological Survey
SURVEYS, INVESTIGATIONS, AND RESEARCH
For an additional amount for ``Surveys, Investigations, and
Research'' for the detection of highly pathogenic avian
influenza in wild birds, including the investigation of
morbidity and mortality events, targeted surveillance in live
wild birds, and targeted surveillance in hunter-taken birds,
$5,270,000, to remain available until September 30, 2008.
DEPARTMENT OF AGRICULTURE
Forest Service
NATIONAL FOREST SYSTEM
For an additional amount for ``National Forest System'' for
the implementation of a nationwide initiative to increase
protection of national forest lands from drug-trafficking
organizations, including funding for additional law enforcement
personnel, training, equipment and cooperative agreements,
$12,000,000, to remain available until expended.
WILDLAND FIRE MANAGEMENT
(INCLUDING TRANSFER OF FUNDS)
For an additional amount for ``Wildland Fire Management'',
$370,000,000, to remain available until expended, for urgent
wildland fire suppression activities: Provided, That such funds
shall only become available if funds provided previously for
wildland fire suppression will be exhausted imminently and the
Secretary of Agriculture notifies the House and Senate
Committees on Appropriations in writing of the need for these
additional funds: Provided further, That such funds are also
available for repayment to other appropriation accounts from
which funds were transferred for wildfire suppression.
GENERAL PROVISION--THIS CHAPTER
Sec. 5401. (a) For fiscal year 2007, payments shall be made
from any revenues, fees, penalties, or miscellaneous receipts
described in sections 102(b)(3) and 103(b)(2) of the Secure
Rural Schools and Community Self-Determination Act of 2000
(Public Law 106-393; 16 U.S.C. 500 note), not to exceed
$100,000,000, and the payments shall be made, to the maximum
extent practicable, in the same amounts, for the same purposes,
and in the same manner as were made to States and counties in
2006 under that Act.
(b) There is appropriated $425,000,000, to remain available
until December 31, 2007, to be used to cover any shortfall for
payments made under this section from funds not otherwise
appropriated.
(c) Titles II and III of Public Law 106-393 are amended,
effective September 30, 2006, by striking ``2006'' and ``2007''
each place they appear and inserting ``2007'' and ``2008'',
respectively.
CHAPTER 5
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Centers for Disease Control and Prevention
DISEASE CONTROL, RESEARCH AND TRAINING
For an additional amount for ``Department of Health and Human
Services, Centers for Disease Control and Prevention, Disease
Control, Research and Training'', to carry out section 501 of
the Federal Mine Safety and Health Act of 1977 and section 6 of
the Mine Improvement and New Emergency Response Act of 2006,
$13,000,000 for research to develop mine safety technology,
including necessary repairs and improvements to leased
laboratories: Provided, That progress reports on technology
development shall be submitted to the House and Senate
Committees on Appropriations and the Committee on Health,
Education, Labor and Pensions of the Senate and the Committee
on Education and Labor of the House of Representatives on a
quarterly basis: Provided further, That the amount provided
under this heading shall remain available until September 30,
2008.
For an additional amount for ``Department of Health and Human
Services, Centers for Disease Control and Prevention, Disease
Control, Research and Training'', to carry out activities under
section 5011(b) of the Emergency Supplemental Appropriations
Act to Address Hurricanes in the Gulf of Mexico and Pandemic
Influenza, 2006 (Public Law 109-148), $50,000,000, to remain
available until expended.
GENERAL PROVISIONS--THIS CHAPTER
(INCLUDING RESCISSIONS)
Sec. 5501. (a). From unexpended balances available for the
Training and Employment Services account under the Department
of Labor, the following amounts are hereby rescinded--
(1) $3,589,000 transferred pursuant to the 2001
Emergency Supplemental Appropriations Act for Recovery
from and Response to Terrorist Attacks on the United
States (Public Law 107-38);
(2) $834,000 transferred pursuant to the Emergency
Supplemental Appropriations Act of 1994 (Public Law
103-211); and
(3) $71,000 for the Consortium for Worker Education
pursuant to the Emergency Supplemental Act, 2002
(Public Law 107-117).
(b) From unexpended balances available for the State
Unemployment Insurance and Employment Service Operations
account under the Department of Labor pursuant to the Emergency
Supplemental Act, 2002 (Public Law 107-117), $4,100,000 are
hereby rescinded.
Sec. 5502. (a) For an additional amount under ``Department of
Education, Safe Schools and Citizenship Education'', $8,594,000
shall be available for Safe and Drug-Free Schools National
Programs for competitive grants to local educational agencies
to address youth violence and related issues.
(b) The competition under subsection (a) shall be limited to
local educational agencies that operate schools currently
identified as persistently dangerous under section 9532 of the
Elementary and Secondary Education Act of 1965.
Sec. 5503. Unobligated balances from funds appropriated in
the Department of Defense and Emergency Supplemental
Appropriations for Recovery from and Response to Terrorist
Attacks on the United States Act, 2002 (Public Law 107-117) to
the Department of Health and Human Services under the heading
``Public Health and Social Services Emergency Fund'' that are
available for bioterrorism preparedness and disaster response
activities in the Office of the Secretary shall also be
available for the construction, renovation and improvement of
facilities on federally-owned land as necessary for continuity
of operations activities.
CHAPTER 6
LEGISLATIVE BRANCH
CAPITOL POLICE
General Expenses
For an additional amount for ``Capitol Police, General
Expenses'', $10,000,000 for a radio modernization program, to
remain available until expended: Provided, That the Chief of
the Capitol Police may not obligate any of the funds
appropriated under this heading without approval of an
obligation plan by the Committees on Appropriations of the
Senate and the House of Representatives.
ARCHITECT OF THE CAPITOL
Capitol Power Plant
For an additional amount for ``Capitol Power Plant'',
$50,000,000, for utility tunnel repairs and asbestos abatement,
to remain available until September 30, 2011: Provided, That
the Architect of the Capitol may not obligate any of the funds
appropriated under this heading without approval of an
obligation plan by the Committees on Appropriations of the
Senate and House of Representatives.
CHAPTER 7
DEPARTMENT OF VETERANS AFFAIRS
Veterans Health Administration
MEDICAL SERVICES
For an additional amount for ``Medical Services'',
$466,778,000, to remain available until expended, of which
$30,000,000 shall be for the establishment of at least one new
Level I comprehensive polytrauma center; $9,440,000 shall be
for the establishment of polytrauma residential transitional
rehabilitation programs; $10,000,000 shall be for additional
transition caseworkers; $20,000,000 shall be for substance
abuse treatment programs; $20,000,000 shall be for readjustment
counseling; $10,000,000 shall be for blind rehabilitation
services; $100,000,000 shall be for enhancements to mental
health services; $8,000,000 shall be for polytrauma support
clinic teams; $5,356,000 shall be for additional polytrauma
points of contact; $228,982,000 shall be for treatment of
Operation Enduring Freedom and Operation Iraqi Freedom
veterans; and $25,000,000 shall be for prosthetics.
MEDICAL ADMINISTRATION
For an additional amount for ``Medical Administration'',
$250,000,000, to remain available until expended.
MEDICAL FACILITIES
For an additional amount for ``Medical Facilities'',
$595,000,000, to remain available until expended, of which
$45,000,000 shall be used for facility and equipment upgrades
at the Department of Veterans Affairs polytrauma network sites;
and $550,000,000 shall be for non-recurring maintenance as
identified in the Department of Veterans Affairs Facility
Condition Assessment report: Provided, That the amount provided
under this heading for non-recurring maintenance shall be
allocated in a manner not subject to the Veterans Equitable
Resource Allocation: Provided further, That within 30 days of
enactment of this Act the Secretary shall submit to the
Committees on Appropriations of both Houses of Congress an
expenditure plan, by project, for non-recurring maintenance
prior to obligation: Provided further, That semi-annually, on
October 1 and April 1, the Secretary shall submit to the
Committees on Appropriations of both Houses of Congress a
report on the status of funding for non-recurring maintenance,
including obligations and unobligated balances for each project
identified in the expenditure plan.
MEDICAL AND PROSTHETIC RESEARCH
For an additional amount for ``Medical and Prosthetic
Research'', $32,500,000, to remain available until expended,
which shall be used for research related to the unique medical
needs of returning Operation Enduring Freedom and Operation
Iraqi Freedom veterans.
Departmental Administration
GENERAL OPERATING EXPENSES
(INCLUDING TRANSFER OF FUNDS)
For an additional amount for ``General Operating Expenses'',
$83,200,000, to remain available until expended, of which
$1,250,000 shall be for digitization of military records;
$60,750,000 shall be for expenses related to hiring and
training new claims processing personnel; up to $1,200,000
shall be for an independent study of the organizational
structure, management and coordination processes, including
seamless transition, utilized by the Department of Veterans
Affairs to provide health care and benefits to active duty
personnel and veterans, including those returning Operation
Enduring Freedom and Operation Iraqi Freedom veterans; and
$20,000,000 shall be for disability examinations: Provided,
That not to exceed $1,250,000 of the amount appropriated under
this heading may be transferred to the Department of Defense
for the digitization of military records used to verify
stressors for benefits claims.
INFORMATION TECHNOLOGY SYSTEMS
For an additional amount for ``Information Technology
Systems'', $35,100,000, to remain available until expended, of
which $20,000,000 shall be for information technology support
and improvements for processing of Operation Enduring Freedom
and Operation Iraqi Freedom veterans benefits claims, including
making electronic Department of Defense medical records
available for claims processing and enabling electronic
benefits applications by veterans; and $15,100,000 shall be for
electronic data breach remediation and prevention.
CONSTRUCTION, MINOR PROJECTS
For an additional amount for ``Construction, Minor
Projects'', $326,000,000, to remain available until expended,
of which up to $36,000,000 shall be for construction costs
associated with the establishment of polytrauma residential
transitional rehabilitation programs.
GENERAL PROVISIONS--THIS CHAPTER
Sec. 5701. The Director of the Congressional Budget Office
shall, not later than November 15, 2007, submit to the
Committees on Appropriations of the House of Representatives
and the Senate a report projecting appropriations necessary for
the Departments of Defense and Veterans Affairs to continue
providing necessary health care to veterans of the conflicts in
Iraq and Afghanistan. The projections should span several
scenarios for the duration and number of forces deployed in
Iraq and Afghanistan, and more generally, for the long-term
health care needs of deployed troops engaged in the global war
on terrorism over the next 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 Continuing Appropriations Resolution, 2007
(division B of Public Law 109-289, as amended by Public Law
110-5), $4,500,000 are rescinded.
(b) For an additional amount for the General Services
Administration, ``Office of Inspector General'', $4,500,000, to
remain available until September 30, 2008.
(c) With the additional amount of $9,336,000 appropriated in
Public Law 110-5 and in this Act, above the amount appropriated
in Public Law 109-115, of which $4,500,000 remains available
for obligation in fiscal year 2008, the Office of Inspector
General shall hire additional staff for internal audits and
investigations, and the remaining funds shall be for one-time
associated needs such as information technology and other such
administrative support.
Sec. 6307. Section 21073 of the Continuing Appropriations
Resolution, 2007 (Public Law 110-5) is amended by adding a new
subsection (j) as follows:
``(j) Notwithstanding section 101, any appropriation or funds
made available to the District of Columbia pursuant to this Act
for `Federal Payment for Foster Care Improvement in the
District of Columbia' shall be available in accordance with an
expenditure plan submitted by the Mayor of the District of
Columbia not later than 60 days after the enactment of this
section which details the activities to be carried out with
such Federal Payment.''.
Sec. 6308. It is the sense of Congress that the Small
Business Administration will provide, through funds available
within amounts already appropriated for Small Business
Administration disaster assistance, physical and economic
injury disaster loans to Kansas businesses and homeowners
devastated by the severe tornadoes, storms, and flooding that
occurred beginning on May 4, 2007.
CHAPTER 4
DEPARTMENT OF HOMELAND SECURITY
GENERAL PROVISIONS--THIS CHAPTER
Sec. 6401. Not to exceed $30,000,000 from unobligated
balances remaining from prior appropriations for United States
Coast Guard, ``Retired Pay'', shall remain available until
expended in the account and for the purposes for which the
appropriations were provided, including the payment of
obligations otherwise chargeable to lapsed or current
appropriations for this purpose: Provided, That within 45 days
after the date of enactment of this Act, the United States
Coast Guard shall submit to the Committees on Appropriations of
the Senate and the House of Representatives the following: (1)
a report on steps being taken to improve the accuracy of its
estimates for the ``Retired Pay'' appropriation, and (2)
quarterly reports on the use of unobligated balances made
available by this Act to address the projected shortfall in the
``Retired Pay'' appropriation, as well as updated estimates for
fiscal year 2008.
Sec. 6402. (a) In General.--Any contract, subcontract, task
or delivery order described in subsection (b) shall contain the
following:
(1) A requirement for a technical review of all
designs, design changes, and engineering change
proposals, and a requirement to specifically address
all engineering concerns identified in the review
before the obligation of further funds may occur.
(2) A requirement that the Coast Guard maintain
technical warrant holder authority, or the equivalent,
for major assets.
(3) A requirement that no procurement subject to
subsection (b) for lead asset production or the
implementation of a major design change shall be
entered into unless an independent third party with no
financial interest in the development, construction, or
modification of any component of the asset, selected by
the Commandant, determines that such action is
advisable.
(4) A requirement for independent life-cycle cost
estimates of lead assets and major design and
engineering changes.
(5) A requirement for the measurement of contractor
and subcontractor performance based on the status of
all work performed. For contracts under the Integrated
Deepwater Systems program, such requirement shall
include a provision that links award fees to successful
acquisition outcomes (which shall be defined in terms
of cost, schedule, and performance).
(6) A requirement that the Commandant of the Coast
Guard assign an appropriate officer or employee of the
Coast Guard to act as chair of each integrated product
team and higher-level team assigned to the oversight of
each integrated product team.
(7) A requirement that the Commandant of the Coast
Guard may not award or issue any contract, task or
delivery order, letter contract modification thereof,
or other similar contract, for the acquisition or
modification of an asset under a procurement subject to
subsection (b) unless the Coast Guard and the
contractor concerned have formally agreed to all terms
and conditions or the head of contracting activity for
the Coast Guard determines that a compelling need
exists for the award or issue of such instrument.
(b) Contracts, Subcontracts, Task and Delivery Orders
Covered.--Subsection (a) applies to--
(1) any major procurement contract, first-tier
subcontract, delivery or task order entered into by the
Coast Guard;
(2) any first-tier subcontract entered into under
such a contract; and
(3) any task or delivery order issued pursuant to
such a contract or subcontract.
(c) Expenditure of Deepwater Funds.--Of the funds available
for the Integrated Deepwater Systems program, $650,000,000 may
not be obligated until the Committees on Appropriations of the
Senate and the House of Representatives receive an expenditure
plan directly from the Coast Guard that--
(1) defines activities, milestones, yearly costs, and
life-cycle costs for each procurement of a major asset;
(2) identifies life-cycle staffing and training needs
of Coast Guard project managers and of procurement and
contract staff;
(3) identifies competition to be conducted in each
procurement;
(4) describes procurement plans that do not rely on a
single industry entity or contract;
(5) contains very limited indefinite delivery/
indefinite quantity contracts and explains the need for
any indefinite delivery/indefinite quantity contracts;
(6) complies with all applicable acquisition rules,
requirements, and guidelines, and incorporates the best
systems acquisition management practices of the Federal
Government;
(7) complies with the capital planning and investment
control requirements established by the Office of
Management and Budget, including circular A-11, part 7;
(8) includes a certification by the head of
contracting activity for the Coast Guard and the Chief
Procurement Officer of the Department of Homeland
Security that the Coast Guard has established
sufficient controls and procedures and has sufficient
staffing to comply with all contracting requirements,
and that any conflicts of interest have been
sufficiently addressed;
(9) includes a description of the process used to act
upon deviations from the contractually specified
performance requirements and clearly explains the
actions taken on such deviations;
(10) includes a certification that the Assistant
Commandant of the Coast Guard for Engineering and
Logistics is designated as the technical authority for
all engineering, design, and logistics decisions
pertaining to the Integrated Deepwater Systems program;
and
(11) identifies progress in complying with the
requirements of subsection (a).
(d) Reports.--(1) Not later than 30 days after the date of
enactment of this Act, the Commandant of the Coast Guard shall
submit to the Committees on Appropriations of the Senate and
the House of Representatives; the Committee on Commerce,
Science and Transportation of the Senate; and the Committee on
Transportation and Infrastructure of the House of
Representatives: (i) a report on the resources (including
training, staff, and expertise) required by the Coast Guard to
provide appropriate management and oversight of the Integrated
Deepwater Systems program; and (ii) a report on how the Coast
Guard will utilize full and open competition for any contract
that provides for the acquisition or modification of assets
under, or in support of, the Integrated Deepwater Systems
program, entered into after the date of enactment of this Act.
(2) Within 30 days following the submission of the
expenditure plan required under subsection (c), the Government
Accountability Office shall review the plan and brief the
Committees on Appropriations of the Senate and the House of
Representatives on its findings.
Sec. 6403. None of the funds provided in this Act or any
other Act may be used to alter or reduce operations within the
Civil Engineering Program of the Coast Guard nationwide,
including the civil engineering units, facilities, design and
construction centers, maintenance and logistics command
centers, and the Coast Guard Academy, except as specifically
authorized by a statute enacted after the date of enactment of
this Act.
(INCLUDING RESCISSIONS OF FUNDS)
Sec. 6404. (a) Rescissions.--The following unobligated
balances made available pursuant to section 505 of Public Law
109-90 are rescinded: $1,200,962 from the ``Office of the
Secretary and Executive Management''; $512,855 from the
``Office of the Under Secretary for Management''; $461,874 from
the ``Office of the Chief Information Officer''; $45,080 from
the ``Office of the Chief Financial Officer''; $968,211 from
Preparedness ``Management and Administration''; $1,215,486 from
Science and Technology ``Management and Administration'';
$450,000 from United States Secret Service ``Salaries and
Expenses''; $450,000 from Federal Emergency Management Agency
``Administrative and Regional Operations''; and $25,595,532
from United States Coast Guard ``Operating Expenses''.
(b) Additional Appropriations.--
(1) For an additional amount for United States Coast
Guard ``Acquisition, Construction, and Improvements'',
$30,000,000, to remain available until September 30,
2009, to mitigate the Service's patrol boat operational
gap.
(2) For an additional amount for the ``Office of the
Under Secretary for Management'', $900,000 for an
independent study to compare the Department of Homeland
Security senior career and political staffing levels
and senior career training programs with those of
similarly structured cabinet-level agencies as detailed
in House Report 110-107: Provided, That the Department
of Homeland Security shall provide to the Committees on
Appropriations of the Senate and the House of
Representatives by July 20, 2007, a report on senior
staffing, as detailed in Senate Report 110-37, and the
Government Accountability Office shall report on the
strengths and weakness of this report within 90 days
after its submission.
Sec. 6405. (a) In General.--With respect to contracts entered
into after July 1, 2007, and except as provided in subsection
(b), no entity performing lead system integrator functions in
the acquisition of a major system by the Department of Homeland
Security may have any direct financial interest in the
development or construction of any individual system or element
of any system of systems.
(b) Exception.--An entity described in subsection (a) may
have a direct financial interest in the development or
construction of an individual system or element of a system of
systems if--
(1) the Secretary of Homeland Security certifies to
the Committees on Appropriations of the Senate and the
House of Representatives, the Committee on Homeland
Security of the House of Representatives, the Committee
on Transportation and Infrastructure of the House of
Representatives, the Committee on Homeland Security and
Governmental Affairs of the Senate, and the Committee
on Commerce, Science and Transportation of the Senate
that--
(A) the entity was selected by the Department
of Homeland Security as a contractor to develop
or construct the system or element concerned
through the use of competitive procedures; and
(B) the Department took appropriate steps to
prevent any organizational conflict of interest
in the selection process; or
(2) the entity was selected by a subcontractor to
serve as a lower-tier subcontractor, through a process
over which the entity exercised no control.
(c) Construction.--Nothing in this section shall be construed
to preclude an entity described in subsection (a) from
performing work necessary to integrate two or more individual
systems or elements of a system of systems with each other.
(d) Regulations Update.--Not later than July 1, 2007, the
Secretary of Homeland Security shall update the acquisition
regulations of the Department of Homeland Security in order to
specify fully in such regulations the matters with respect to
lead system integrators set forth in this section. Included in
such regulations shall be: (1) a precise and comprehensive
definition of the term ``lead system integrator'', modeled
after that used by the Department of Defense; and (2) a
specification of various types of contracts and fee structures
that are appropriate for use by lead system integrators in the
production, fielding, and sustainment of complex systems.
CHAPTER 5
GENERAL PROVISIONS--THIS CHAPTER
Sec. 6501. Section 20515 of the Continuing Appropriations
Resolution, 2007 (division B of Public Law 109-289, as amended
by Public Law 110-5) is amended by inserting before the period:
``; and of which, not to exceed $143,628,000 shall be available
for contract support costs under the terms and conditions
contained in Public Law 109-54''.
Sec. 6502. Section 20512 of the Continuing Appropriations
Resolution, 2007 (division B of Public Law 109-289, as amended
by Public Law 110-5) is amended by inserting after the first
dollar amount: ``, of which not to exceed $7,300,000 shall be
transferred to the `Indian Health Facilities' account; the
amount in the second proviso shall be $18,000,000; the amount
in the third proviso shall be $525,099,000; the amount in the
ninth proviso shall be $269,730,000; and the $15,000,000
allocation of funding under the eleventh proviso shall not be
required''.
Sec. 6503. Section 20501 of the Continuing Appropriations
Resolution, 2007 (division B of Public Law 109-289, as amended
by Public Law 110-5) is amended by inserting after
``$55,663,000'' the following: ``of which $13,000,000 shall be
for Save America's Treasures''.
Sec. 6504. Funds made available to the United States Fish and
Wildlife Service for fiscal year 2007 under the heading ``Land
Acquisition'' may be used for land conservation partnerships
authorized by the Highlands Conservation Act of 2004.
CHAPTER 6
DEPARTMENT OF HEALTH AND HUMAN SERVICES
National Institutes of Health
NATIONAL INSTITUTE OF ALLERGY AND INFECTIOUS DISEASES
(TRANSFER OF FUNDS)
Of the amount provided by the Continuing Appropriations
Resolution, 2007 (division B of Public Law 109-289, as amended
by Public Law 110-5) for ``National Institute of Allergy and
Infectious Diseases'', $49,500,000 shall be transferred to
``Public Health and Social Services Emergency Fund'' to carry
out activities relating to advanced research and development as
provided by section 319L of the Public Health Service Act.
OFFICE OF THE DIRECTOR
(TRANSFER OF FUNDS)
Of the amount provided by the Continuing Appropriations
Resolution, 2007 (division B of Public Law 109-289, as amended
by Public Law 110-5) for ``Office of the Director'',
$49,500,000 shall be transferred to ``Public Health and Social
Services Emergency Fund'' to carry out activities relating to
advanced research and development as provided by section 319L
of the Public Health Service Act.
NATIONAL COUNCIL ON DISABILITY
SALARIES AND EXPENSES
For an additional amount for ``Salaries and Expenses'',
$300,000, to remain available until expended, for necessary
expenses related to the requirements of the Post-Katrina
Emergency Management Reform Act of 2006, as enacted by the
Department of Homeland Security Appropriations Act, 2007
(Public Law 109-295).
GENERAL PROVISIONS--THIS CHAPTER
(INCLUDING TRANSFERS OF FUNDS AND RESCISSIONS)
Sec. 6601. Section 20602 of the Continuing Appropriations
Resolution, 2007 (division B of Public Law 109-289, as amended
by Public Law 110-5) is amended by inserting the following
after ``$5,000,000'': ``(together with an additional $7,000,000
which shall be transferred by the Pension Benefit Guaranty
Corporation as an authorized administrative cost), to remain
available through September 30, 2008,''.
Sec. 6602. (a) None of the funds available to the Mine Safety
and Health Administration under the Continuing Appropriations
Resolution, 2007 (division B of Public Law 109-289, as amended
by Public Law 110-5) shall be used to enter into or carry out a
contract for the performance by a contractor of any operations
or services pursuant to the public-private competitions
conducted under Office of Management and Budget Circular A-76.
(b) Hereafter, Federal employees at the Mine Safety and
Health Administration shall be classified as inherently
governmental for the purpose of the Federal Activities
Inventory Reform Act of 1998 (31 U.S.C. 501 note).
Sec. 6603. Section 20607 of the Continuing Appropriations
Resolution, 2007 (division B of Public Law 109-289, as amended
by Public Law 110-5) is amended by inserting ``of which
$9,666,000 shall be for the Women's Bureau,'' after ``for child
labor activities,''.
Sec. 6604. Of the amount provided for ``Department of Health
and Human Services, Health Resources and Services
Administration, Health Resources and Services'' in the
Continuing Appropriations Resolution, 2007 (division B of
Public Law 109-289, as amended by Public Law 110-5),
$23,000,000 shall be for Poison Control Centers.
Sec. 6605. From the amounts made available by the Continuing
Appropriations Resolution, 2007 (division B of Public Law 109-
289, as amended by Public Law 110-5) for the Office of the
Secretary, General Departmental Management under the Department
of Health and Human Services, $500,000 are rescinded.
Sec. 6606. Section 20625(b)(1) of the Continuing
Appropriations Resolution, 2007 (division B of Public Law 109-
289, as amended by Public Law 110-5) is amended by--
(1) striking ``$7,172,994,000'' and inserting
``$7,176,431,000'';
(2) amending subparagraph (A) to read as follows:
``(A) $5,454,824,000 shall be for basic grants under
section 1124 of the Elementary and Secondary Education
Act of 1965 (ESEA), of which up to $3,437,000 shall be
available to the Secretary of Education on October 1,
2006, to obtain annually updated educational-agency-
level census poverty data from the Bureau of the
Census;''; and
(3) amending subparagraph (C) to read as follows:
``(C) not to exceed $2,352,000 may be available for
section 1608 of the ESEA and for a clearinghouse on
comprehensive school reform under part D of title V of
the ESEA;''.
Sec. 6607. The provision in the first proviso under the
heading ``Rehabilitation Services and Disability Research'' in
the Department of Education Appropriations Act, 2006, relating
to alternative financing programs under section 4(b)(2)(D) of
the Assistive Technology Act of 1998 shall not apply to funds
appropriated by the Continuing Appropriations Resolution, 2007.
Sec. 6608. From the amounts made available by the Continuing
Appropriations Resolution, 2007 (division B of Public Law 109-
289, as amended by Public Law 110-5) for administrative
expenses of the Department of Education, $500,000 are
rescinded: Provided, That such reduction shall not apply to
funds available to the Office for Civil Rights and the Office
of the Inspector General.
Sec. 6609. Notwithstanding sections 20639 and 20640 of the
Continuing Appropriations Resolution, 2007, as amended by
section 2 of the Revised Continuing Appropriations Resolution,
2007 (Public Law 110-5), the Chief Executive Officer of the
Corporation for National and Community Service may transfer an
amount of not more than $1,360,000 from the account under the
heading ``National and Community Service Programs, Operating
Expenses'' under the heading ``Corporation for National and
Community Service'', to the account under the heading
``Salaries and Expenses'' under the heading ``Corporation for
National and Community Service''.
Sec. 6610. (a) Section 1310.12(a) of title 45, Code of
Federal Regulations, shall take effect 30 days after the date
of enactment of this Act.
(b)(1) Not later than 60 days after the National Highway
Traffic Safety Administration of the Department of
Transportation submits its study on occupant protection on Head
Start transit vehicles (related to Government Accountability
Office report GAO-06-767R), the Secretary of Health and Human
Services shall review and shall revise as necessary the
allowable alternate vehicle standards described in that part
1310 (or any corresponding similar regulation or ruling)
relating to allowable alternate vehicles used to transport
children for a Head Start program. In making any such revision,
the Secretary shall revise the standards to be consistent with
the findings contained in such study, including making a
determination on the exemption of such a vehicle from Federal
seat spacing requirements, and Federal supporting seating
requirements related to compartmentalization, if such vehicle
meets all other applicable Federal motor vehicle safety
standards, including standards for seating systems, occupant
crash protection, seat belt assemblies, and child restraint
anchorage systems consistent with that part 1310 (or any
corresponding similar regulation or ruling).
(2) Notwithstanding subsection (a), until such date as the
Secretary of Health and Human Services completes the review and
any necessary revision specified in paragraph (1), the
provisions of section 1310.12(a) relating to Federal seat
spacing requirements, and Federal supporting seating
requirements related to compartmentalization, for allowable
alternate vehicles used to transport children for a Head Start
program, shall not apply to such a vehicle if such vehicle
meets all other applicable Federal motor vehicle safety
standards, as described in paragraph (1).
Sec. 6611. (a)(1) Section 3(37)(G) of the Employee Retirement
Income Security Act of 1974 (29 U.S.C. 1002(37)(G)) (as amended
by section 1106(a) of the Pension Protection Act of 2006) is
amended--
(A) in clause (i)(II)(aa), by striking ``for each of
the 3 plan years immediately before the date of the
enactment of the Pension Protection Act of 2006,'' and
inserting ``for each of the 3 plan years immediately
preceding the first plan year for which the election
under this paragraph is effective with respect to the
plan,'';
(B) in clause (ii), by striking ``starting with the
first plan year ending after the date of the enactment
of the Pension Protection Act of 2006'' and inserting
``starting with any plan year beginning on or after
January 1, 1999, and ending before January 1, 2008, as
designated by the plan in the election made under
clause (i)(II)''; and
(C) by adding at the end the following new clause:
``(vii) For purposes of this Act and the Internal Revenue
Code of 1986, a plan making an election under this subparagraph
shall be treated as maintained pursuant to a collective
bargaining agreement if a collective bargaining agreement,
expressly or otherwise, provides for or permits employer
contributions to the plan by one or more employers that are
signatory to such agreement, or participation in the plan by
one or more employees of an employer that is signatory to such
agreement, regardless of whether the plan was created,
established, or maintained for such employees by virtue of
another document that is not a collective bargaining
agreement.''.
(2) Paragraph (6) of section 414(f) of the Internal Revenue
Code of 1986 (relating to election with regard to multiemployer
status) (as amended by section 1106(b) of the Pension
Protection Act of 2006) is amended--
(A) in subparagraph (A)(ii)(I), by striking ``for
each of the 3 plan years immediately before the date of
enactment of the Pension Protection Act of 2006,'' and
inserting ``for each of the 3 plan years immediately
preceding the first plan year for which the election
under this paragraph is effective with respect to the
plan,'';
(B) in subparagraph (B), by striking ``starting with
the first plan year ending after the date of the
enactment of the Pension Protection Act of 2006'' and
inserting ``starting with any plan year beginning on or
after January 1, 1999, and ending before January 1,
2008, as designated by the plan in the election made
under subparagraph (A)(ii)''; and
(C) by adding at the end the following new
subparagraph:
``(F) Maintenance under collective bargaining
agreement.--For purposes of this title and the
Employee Retirement Income Security Act of
1974, a plan making an election under this
paragraph shall be treated as maintained
pursuant to a collective bargaining agreement
if a collective bargaining agreement, expressly
or otherwise, provides for or permits employer
contributions to the plan by one or more
employers that are signatory to such agreement,
or participation in the plan by one or more
employees of an employer that is signatory to
such agreement, regardless of whether the plan
was created, established, or maintained for
such employees by virtue of another document
that is not a collective bargaining
agreement.''.
(b)(1) Clause (vi) of section 3(37)(G) of the Employee
Retirement Income Security Act of 1974 (as amended by section
1106(a) of the Pension Protection Act of 2006) is amended by
striking ``if it is a plan--'' and all that follows and
inserting the following: ``if it is a plan sponsored by an
organization which is described in section 501(c)(5) of the
Internal Revenue Code of 1986 and exempt from tax under section
501(a) of such Code and which was established in Chicago,
Illinois, on August 12, 1881.''.
(2) Subparagraph (E) of section 414(f)(6) of the Internal
Revenue Code of 1986 (as amended by section 1106(b) of the
Pension Protection Act of 2006) is amended by striking ``if it
is a plan--'' and all that follows and inserting the following:
``if it is a plan sponsored by an organization which is
described in section 501(c)(5) and exempt from tax under
section 501(a) and which was established in Chicago, Illinois,
on August 12, 1881.''.
(c) The amendments made by this section shall take effect as
if included in section 1106 of the Pension Protection Act of
2006.
Sec. 6612. (a) Subclause (III) of section 420(f)(2)(E)(i) of
the Internal Revenue Code of 1986 is amended by striking
``subsection (c)(2)(E)(ii)(II)'' and inserting ``subsection
(c)(3)(E)(ii)(II)''.
(b) Section 420(e)(2)(B) of the Internal Revenue Code of 1986
is amended by striking ``funding shortfall'' and inserting
``funding target''.
(c) The amendments made by this section shall take effect as
if included in the provisions of the Pension Protection Act of
2006 to which they relate.
Sec. 6613. (a) Subparagraph (A) of section 420(c)(3) of the
Internal Revenue Code of 1986 is amended by striking
``transfer.'' and inserting ``transfer or, in the case of a
transfer which involves a plan maintained by an employer
described in subsection (f)(2)(E)(i)(III), if the plan meets
the requirements of subsection (f)(2)(D)(i)(II).''.
(b) The amendment made by subsection (a) shall apply to
transfers after the date of the enactment of this Act.
Sec. 6614. (a) Section 402(i)(1) of the Pension Protection
Act of 2006 is amended by striking ``December 28, 2007'' and
inserting ``January 1, 2008''.
(b) The amendment made by subsection (a) shall take effect as
if included in section 402 of the Pension Protection Act of
2006.
Sec. 6615. (a) Section 402(a)(2) of the Pension Protection
Act of 2006 is amended by inserting ``and by using, in
determining the funding target for each of the 10 plan years
during such period, an interest rate of 8.25 percent (rather
than the segment rates calculated on the basis of the corporate
bond yield curve)'' after ``such plan year''.
(b) The amendment made by this section shall take effect as
if included in the provisions of the Pension Protection Act of
2006 to which such amendment relates.
CHAPTER 7
LEGISLATIVE BRANCH
HOUSE OF REPRESENTATIVES
Payment to Widows and Heirs of Deceased Members of Congress
For payment to Gloria W. Norwood, widow of Charles W.
Norwood, Jr., late a Representative from the State of Georgia,
$165,200.
For payment to James McDonald, Jr., widower of Juanita
Millender-McDonald, late a Representative from the State of
California, $165,200.
GENERAL PROVISION--THIS CHAPTER
Sec. 6701. (a) There is established in the Office of the
Architect of the Capitol the position of Chief Executive
Officer for Visitor Services (in this section referred to as
the ``Chief Executive Officer''), who shall be appointed by the
Architect of the Capitol.
(b) The Chief Executive Officer shall be responsible for the
operation and management of the Capitol Visitor Center, subject
to the direction of the Architect of the Capitol. In carrying
out these responsibilities, the Chief Executive Officer shall
report directly to the Architect of the Capitol and shall be
subject to policy review and oversight by the Committee on
Rules and Administration of the Senate and the Committee on
House Administration of the House of Representatives.
(c) The Chief Executive Officer shall be paid at an annual
rate equal to the annual rate of pay for the Chief Operating
Officer of the Office of the Architect of the Capitol.
(d) This section shall apply with respect to fiscal year 2007
and each succeeding fiscal year.
CHAPTER 8
GENERAL PROVISIONS--THIS CHAPTER
TECHNICAL AMENDMENT
Sec. 6801. (a) Notwithstanding any other provision of law,
subsection (c) under the heading ``Assistance for the
Independent States of the Former Soviet Union'' in Public Law
109-102, shall not apply to funds appropriated by the
Continuing Appropriations Resolution, 2007 (Public Law 109-289,
division B) as amended by Public Laws 109-369, 109-383, and
110-5.
(b) Section 534(k) of the Foreign Operations, Export
Financing, and Related Programs Appropriations Act, 2006
(Public Law 109-102) is amended, in the second proviso, by
inserting after ``subsection (b) of that section'' the
following: ``and the requirement that a majority of the members
of the board of directors be United States citizens provided in
subsection (d)(3)(B) of that section''.
(c) Subject to section 101(c)(2) of the Continuing
Appropriations Resolution, 2007 (division B of Public Law 109-
289, as amended by Public Law 110-5), the amount of funds
appropriated for ``Foreign Military Financing Program''
pursuant to such Resolution shall be construed to be the total
of the amount appropriated for such program by section 20401 of
that Resolution and the amount made available for such program
by section 591 of the Foreign Operations, Export Financing, and
Related Programs Appropriations Act, 2006 (Public Law 109-102)
which is made applicable to the fiscal year 2007 by the
provisions of such Resolution.
Sec. 6802. Notwithstanding any provision of title I of
division B of the Continuing Appropriations Resolution, 2007
(division B of Public Law 109-289, as amended by Public Laws
109-369, 109-383, and 110-5), the dollar amount limitation of
the first proviso under the heading, ``Administration of
Foreign Affairs, Diplomatic and Consular Programs'', in title
IV of the Science, State, Justice, Commerce, and Related
Agencies Appropriations Act, 2006 (Public Law 109-108; 119
Stat. 2319) shall not apply to funds appropriated under such
heading for fiscal year 2007.
CHAPTER 9
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
Office of Federal Housing Enterprise Oversight
SALARIES AND EXPENSES
(INCLUDING TRANSFER OF FUNDS)
For an additional amount to carry out the Federal Housing
Enterprises Financial Safety and Soundness Act of 1992,
$6,150,000, to remain available until expended, to be derived
from the Federal Housing Enterprises Oversight Fund and to be
subject to the same terms and conditions pertaining to funds
provided under this heading in Public Law 109-115: Provided,
That not to exceed the total amount provided for these
activities for fiscal year 2007 shall be available from the
general fund of the Treasury to the extent necessary to incur
obligations and make expenditures pending the receipt of
collections to the Fund: Provided further, That the general
fund amount shall be reduced as collections are received during
the fiscal year so as to result in a final appropriation from
the general fund estimated at not more than $0.
GENERAL PROVISIONS--THIS CHAPTER
Sec. 6901. (a) Hereafter, funds limited or appropriated for
the Department of Transportation may be obligated or expended
to grant authority to a Mexico-domiciled motor carrier to
operate beyond United States municipalities and commercial
zones on the United States-Mexico border only to the extent
that--
(1) granting such authority is first tested as part
of a pilot program;
(2) such pilot program complies with the requirements
of section 350 of Public Law 107-87 and the
requirements of section 31315(c) of title 49, United
States Code, related to pilot programs; and
(3) simultaneous and comparable authority to operate
within Mexico is made available to motor carriers
domiciled in the United States.
(b) Prior to the initiation of the pilot program described in
subsection (a) in any fiscal year--
(1) the Inspector General of the Department of
Transportation shall transmit to Congress and the
Secretary of Transportation a report verifying
compliance with each of the requirements of subsection
(a) of section 350 of Public Law 107-87, including
whether the Secretary of Transportation has established
sufficient mechanisms to apply Federal motor carrier
safety laws and regulations to motor carriers domiciled
in Mexico that are granted authority to operate beyond
the United States municipalities and commercial zones
on the United States-Mexico border and to ensure
compliance with such laws and regulations; and
(2) the Secretary of Transportation shall--
(A) take such action as may be necessary to
address any issues raised in the report of the
Inspector General under subsection (b)(1) and
submit a report to Congress detailing such
actions; and
(B) publish in the Federal Register, and
provide sufficient opportunity for public
notice and comment--
(i) comprehensive data and
information on the pre-authorization
safety audits conducted before and
after the date of enactment of this Act
of motor carriers domiciled in Mexico
that are granted authority to operate
beyond the United States municipalities
and commercial zones on the United
States-Mexico border;
(ii) specific measures to be required
to protect the health and safety of the
public, including enforcement measures
and penalties for noncompliance;
(iii) specific measures to be
required to ensure compliance with
section 391.11(b)(2) and section
365.501(b) of title 49, Code of Federal
Regulations;
(iv) specific standards to be used to
evaluate the pilot program and compare
any change in the level of motor
carrier safety as a result of the pilot
program; and
(v) a list of Federal motor carrier
safety laws and regulations, including
the commercial drivers license
requirements, for which the Secretary
of Transportation will accept
compliance with a corresponding Mexican
law or regulation as the equivalent to
compliance with the United States law
or regulation, including for each law
or regulation an analysis as to how the
corresponding United States and Mexican
laws and regulations differ.
(c) During and following the pilot program described in
subsection (a), the Inspector General of the Department of
Transportation shall monitor and review the conduct of the
pilot program and submit to Congress and the Secretary of
Transportation an interim report, 6 months after the
commencement of the pilot program, and a final report, within
60 days after the conclusion of the pilot program. Such reports
shall address whether--
(1) the Secretary of Transportation has established
sufficient mechanisms to determine whether the pilot
program is having any adverse effects on motor carrier
safety;
(2) Federal and State monitoring and enforcement
activities are sufficient to ensure that participants
in the pilot program are in compliance with all
applicable laws and regulations; and
(3) the pilot program consists of a representative
and adequate sample of Mexico-domiciled carriers likely
to engage in cross-border operations beyond United
States municipalities and commercial zones on the
United States-Mexico border.
(d) In the event that the Secretary of Transportation in any
fiscal year seeks to grant operating authority for the purpose
of initiating cross-border operations beyond United States
municipalities and commercial zones on the United States-Mexico
border either with Mexico-domiciled motor coaches or Mexico-
domiciled commercial motor vehicles carrying placardable
quantities of hazardous materials, such activities shall be
initiated only after the conclusion of a separate pilot program
limited to vehicles of the pertinent type. Each such separate
pilot program shall follow the same requirements and processes
stipulated under subsections (a) through (c) of this section
and shall be planned, conducted and evaluated in concert with
the Department of Homeland Security or its Inspector General,
as appropriate, so as to address any and all security concerns
associated with such cross-border operations.
Sec. 6902. Funds provided for the ``National Transportation
Safety Board, Salaries and Expenses'' in section 21031 of the
Continuing Appropriations Resolution, 2007 (division B of
Public Law 109-289, as amended by Public Law 110-5) include
amounts necessary to make lease payments due in fiscal year
2007 only, on an obligation incurred in 2001 under a capital
lease.
Sec. 6903. Section 21033 of the Continuing Appropriations
Resolution, 2007 (division B of Public Law 109-289, as amended
by Public Law 110-5) is amended by adding after the second
proviso: ``: Provided further, That paragraph (2) under such
heading in Public Law 109-115 (119 Stat. 2441) shall be funded
at $149,300,000, but additional section 8 tenant protection
rental assistance costs may be funded in 2007 by using
unobligated balances, notwithstanding the purposes for which
such amounts were appropriated, including recaptures and
carryover, remaining from funds appropriated to the Department
of Housing and Urban Development under this heading, the
heading `Annual Contributions for Assisted Housing', the
heading `Housing Certificate Fund', and the heading `Project-
Based Rental Assistance' for fiscal year 2006 and prior fiscal
years: Provided further, That paragraph (3) under such heading
in Public Law 109-115 (119 Stat. 2441) shall be funded at
$47,500,000: Provided further, That paragraph (4) under such
heading in Public Law 109-115 (119 Stat. 2441) shall be funded
at $5,900,000: Provided further, That paragraph (5) under such
heading in Public Law 109-115 (119 Stat. 2441) shall be funded
at $1,281,100,000, of which $1,251,100,000 shall be allocated
for the calendar year 2007 funding cycle on a pro rata basis to
public housing agencies based on the amount public housing
agencies were eligible to receive in calendar year 2006, and of
which up to $30,000,000 shall be available to the Secretary to
allocate to public housing agencies that need additional funds
to administer their section 8 programs, with up to $20,000,000
to be for fees associated with section 8 tenant protection
rental assistance''.
Sec. 6904. Section 232(b) of the Departments of Veterans
Affairs and Housing and Urban Development, and Independent
Agencies Appropriations Act, 2001 (Public Law 106-377) is
amended to read as follows:
``(b) Applicability.--In the case of any dwelling unit that,
upon the date of the enactment of this Act, is assisted under a
housing assistance payment contract under section 8(o)(13) as
in effect before such enactment, or under section 8(d)(2) of
the United States Housing Act of 1937 (42 U.S.C. 1437f(d)(2))
as in effect before the enactment of the Quality Housing and
Work Responsibility Act of 1998 (title V of Public Law 105-
276), assistance may be renewed or extended under such section
8(o)(13), as amended by subsection (a), provided that the
initial contract term and rent of such renewed or extended
assistance shall be determined pursuant to subparagraphs (F)
and (H), and subparagraphs (C) and (D) of such section shall
not apply to such extensions or renewals.''.
TITLE VII--ELIMINATION OF SCHIP SHORTFALL AND OTHER HEALTH MATTERS
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Centers for Medicare and Medicaid Services State Children's Health
Insurance Fund
For an additional amount to provide additional allotments to
remaining shortfall States under section 2104(h)(4) of the
Social Security Act, as inserted by section 6001, such sums as
may be necessary, but not to exceed $650,000,000 for fiscal
year 2007, to remain available until expended.
GENERAL PROVISIONS--THIS TITLE
Sec. 7001. (a) Elimination of Remainder of SCHIP Funding
Shortfalls, Tiered Match, and Other Limitation on
Expenditures.--Section 2104(h) of the Social Security Act (42
U.S.C. 1397dd(h)), as added by section 201(a) of the National
Institutes of Health Reform Act of 2006 (Public Law 109-482),
is amended--
(1) in the heading for paragraph (2), by striking
``remainder of reduction'' and inserting ``part''; and
(2) by striking paragraph (4) and inserting the
following:
``(4) Additional amounts to eliminate remainder of
fiscal year 2007 funding shortfalls.--
``(A) In general.--From the amounts provided
in advance in appropriations Acts, the
Secretary shall allot to each remaining
shortfall State described in subparagraph (B)
such amount as the Secretary determines will
eliminate the estimated shortfall described in
such subparagraph for the State for fiscal year
2007.
``(B) Remaining shortfall state described.--
For purposes of subparagraph (A), a remaining
shortfall State is a State with a State child
health plan approved under this title for which
the Secretary estimates, on the basis of the
most recent data available to the Secretary as
of the date of the enactment of this paragraph,
that the projected Federal expenditures under
such plan for the State for fiscal year 2007
will exceed the sum of--
``(i) the amount of the State's
allotments for each of fiscal years
2005 and 2006 that will not be expended
by the end of fiscal year 2006;
``(ii) the amount of the State's
allotment for fiscal year 2007; and
``(iii) the amounts, if any, that are
to be redistributed to the State during
fiscal year 2007 in accordance with
paragraphs (1) and (2).''.
(b) Conforming Amendments.--Section 2104(h) of such Act (42
U.S.C. 1397dd(h)) (as so added), is amended--
(1) in paragraph (1)(B), by striking ``subject to
paragraph (4)(B) and'';
(2) in paragraph (2)(B), by striking ``subject to
paragraph (4)(B) and'';
(3) in paragraph (5)(A), by striking ``and (3)'' and
inserting ``(3), and (4)''; and
(4) in paragraph (6)--
(A) in the first sentence--
(i) by inserting ``or allotted''
after ``redistributed''; and
(ii) by inserting ``or allotments''
after ``redistributions''; and
(B) by striking ``and (3)'' and inserting
``(3), and (4)''.
Sec. 7002. (a) Prohibition.--
(1) Limitation on secretarial authority.--
Notwithstanding any other provision of law, the
Secretary of Health and Human Services shall not, prior
to the date that is 1 year after the date of enactment
of this Act, take any action (through promulgation of
regulation, issuance of regulatory guidance, or other
administrative action) to--
(A) finalize or otherwise implement
provisions contained in the proposed rule
published on January 18, 2007, on pages 2236
through 2248 of volume 72, Federal Register
(relating to parts 433, 447, and 457 of title
42, Code of Federal Regulations);
(B) promulgate or implement any rule or
provisions similar to the provisions described
in subparagraph (A) pertaining to the Medicaid
program established under title XIX of the
Social Security Act or the State Children's
Health Insurance Program established under
title XXI of such Act; or
(C) promulgate or implement any rule or
provisions restricting payments for graduate
medical education under the Medicaid program.
(2) Continuation of other secretarial authority.--The
Secretary of Health and Human Service shall not be
prohibited during the period described in paragraph (1)
from taking any action (through promulgation of
regulation, issuance of regulatory guidance, or other
administrative action) to enforce a provision of law in
effect as of the date of enactment of this Act with
respect to the Medicaid program or the State Children's
Health Insurance Program, or to promulgate or implement
a new rule or provision during such period with respect
to such programs, other than a rule or provision
described in paragraph (1) and subject to the
prohibition set forth in that paragraph.
(b) Requirement for Use of Tamper-Resistant Prescription Pads
Under the Medicaid Program.--
(1) In general.--Section 1903(i) of the Social
Security Act (42 U.S.C. 1396b(i)) is amended--
(A) by striking ``or'' at the end of
paragraph (21);
(B) by striking the period at the end of
paragraph (22) and inserting ``; or''; and
(C) by inserting after paragraph (22) the
following new paragraph:
``(23) with respect to amounts expended for medical
assistance for covered outpatient drugs (as defined in
section 1927(k)(2)) for which the prescription was
executed in written (and non-electronic) form unless
the prescription was executed on a tamper-resistant
pad.''.
(2) Effective date.--The amendments made by paragraph
(1) shall apply to prescriptions executed after
September 30, 2007.
(c) Extension of Certain Pharmacy Plus Waivers.--
(1) Authority to continue to operate waivers.--
Notwithstanding any other provision of law, any State
that is operating a Pharmacy Plus waiver described in
paragraph (2) which would otherwise expire on June 30,
2007, may elect to continue to operate the waiver
through December 31, 2009 and if a State elects to
continue to operate such a waiver, the Secretary of
Health and Human Services shall approve the
continuation of the waiver through December 31, 2009.
(2) Pharmacy plus waiver described.--For purposes of
paragraph (1), a Pharmacy Plus waiver described in this
paragraph is a waiver approved by the Secretary of
Health and Human Services under the authority of
section 1115 of the Social Security Act (42 U.S.C.
1315) that provides coverage for prescription drugs for
individuals who have attained age 65 and whose family
income does not exceed 200 percent of the poverty line
(as defined in section 2110(c)(5) of such Act (42
U.S.C. 1397jj(c)(5)).
TITLE VIII--FAIR MINIMUM WAGE AND TAX RELIEF
Subtitle A--Fair Minimum Wage
SEC. 8101. SHORT TITLE.
This subtitle may be cited as the ``Fair Minimum Wage Act of
2007''.
SEC. 8102. MINIMUM WAGE.
(a) In General.--Section 6(a)(1) of the Fair Labor Standards
Act of 1938 (29 U.S.C. 206(a)(1)) is amended to read as
follows:
``(1) except as otherwise provided in this section,
not less than--
``(A) $5.85 an hour, beginning on the 60th
day after the date of enactment of the Fair
Minimum Wage Act of 2007;
``(B) $6.55 an hour, beginning 12 months
after that 60th day; and
``(C) $7.25 an hour, beginning 24 months
after that 60th day;''.
(b) Effective Date.--The amendment made by subsection (a)
shall take effect 60 days after the date of enactment of this
Act.
SEC. 8103. APPLICABILITY OF MINIMUM WAGE TO AMERICAN SAMOA AND THE
COMMONWEALTH OF THE NORTHERN MARIANA ISLANDS.
(a) In General.--Section 6 of the Fair Labor Standards Act of
1938 (29 U.S.C. 206) shall apply to American Samoa and the
Commonwealth of the Northern Mariana Islands.
(b) Transition.--Notwithstanding subsection (a)--
(1) the minimum wage applicable to the Commonwealth
of the Northern Mariana Islands under section 6(a)(1)
of the Fair Labor Standards Act of 1938 (29 U.S.C.
206(a)(1)) shall be--
(A) $3.55 an hour, beginning on the 60th day
after the date of enactment of this Act; and
(B) increased by $0.50 an hour (or such
lesser amount as may be necessary to equal the
minimum wage under section 6(a)(1) of such
Act), beginning 1 year after the date of
enactment of this Act and each year thereafter
until the minimum wage applicable to the
Commonwealth of the Northern Mariana Islands
under this paragraph is equal to the minimum
wage set forth in such section; and
(2) the minimum wage applicable to American Samoa
under section 6(a)(1) of the Fair Labor Standards Act
of 1938 (29 U.S.C. 206(a)(1)) shall be--
(A) the applicable wage rate in effect for
each industry and classification under section
697 of title 29, Code of Federal Regulations,
on the date of enactment of this Act;
(B) increased by $0.50 an hour, beginning on
the 60th day after the date of enactment of
this Act; and
(C) increased by $0.50 an hour (or such
lesser amount as may be necessary to equal the
minimum wage under section 6(a)(1) of such
Act), beginning 1 year after the date of
enactment of this Act and each year thereafter
until the minimum wage applicable to American
Samoa under this paragraph is equal to the
minimum wage set forth in such section.
(c) Conforming Amendments.--
(1) In general.--The Fair Labor Standards Act of 1938
is amended--
(A) by striking sections 5 and 8; and
(B) in section 6(a), by striking paragraph
(3) and redesignating paragraphs (4) and (5) as
paragraphs (3) and (4), respectively.
(2) Effective date.--The amendments made by this
subsection shall take effect 60 days after the date of
enactment of this Act.
SEC. 8104. STUDY ON PROJECTED IMPACT.
(a) Study.--Beginning on the date that is 60 days after the
date of enactment of this Act, the Secretary of Labor shall,
through the Bureau of Labor Statistics, conduct a study to--
(1) assess the impact of the wage increases required
by this Act through such date; and
(2) project the impact of any further wage increase,
on living standards and rates of employment in American Samoa
and the Commonwealth of the Northern Mariana Islands.
(b) Report.--Not later than the date that is 8 months after
the date of enactment of this Act, the Secretary of Labor shall
transmit to Congress a report on the findings of the study
required by subsection (a).
Subtitle B--Small Business Tax Incentives
SEC. 8201. SHORT TITLE; AMENDMENT OF CODE; TABLE OF CONTENTS.
(a) Short Title.--This subtitle may be cited as the ``Small
Business and Work Opportunity Tax Act of 2007''.
(b) Amendment of 1986 Code.--Except as otherwise expressly
provided, whenever in this subtitle an amendment or repeal is
expressed in terms of an amendment to, or repeal of, a section
or other provision, the reference shall be considered to be
made to a section or other provision of the Internal Revenue
Code of 1986.
(c) Table of Contents.--The table of contents of this
subtitle is as follows:
Sec. 8201. Short title; amendment of Code; table of contents.
Part 1--Small Business Tax Relief Provisions
Subpart A--General provisions
Sec. 8211. Extension and modification of work opportunity tax credit.
Sec. 8212. Extension and increase of expensing for small business.
Sec. 8213. Determination of credit for certain taxes paid with respect
to employee cash tips.
Sec. 8214. Waiver of individual and corporate alternative minimum tax
limits on work opportunity credit and credit for taxes paid
with respect to employee cash tips.
Sec. 8215. Family business tax simplification.
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 amended by striking
``, and'' at the end of paragraph (15) and inserting a
semicolon, by striking the period at the end of
paragraph (16) and inserting ``; and'', and by
inserting after paragraph (16) the following new
paragraph:
``(17) notwithstanding the preceding provisions of
this subsection, each spouse's share of income or loss
from a qualified joint venture shall be taken into
account as provided in section 761(f) in determining
net earnings from self-employment of such spouse.''.
(2) Subsection (a) of section 211 of the Social
Security Act (defining net earnings from self-
employment) is amended by striking ``and'' at the end
of paragraph (14), by striking the period at the end of
paragraph (15) and inserting ``; and'', and by
inserting after paragraph (15) the following new
paragraph:
``(16) Notwithstanding the preceding provisions of
this subsection, each spouse's share of income or loss
from a qualified joint venture shall be taken into
account as provided in section 761(f) of the Internal
Revenue Code of 1986 in determining net earnings from
self-employment of such spouse.''.
(c) Effective Date.--The amendments made by this section
shall apply to taxable years beginning after December 31, 2006.
Subpart B--Gulf Opportunity Zone Tax Incentives
SEC. 8221. EXTENSION OF INCREASED EXPENSING FOR QUALIFIED SECTION 179
GULF OPPORTUNITY ZONE PROPERTY.
Paragraph (2) of section 1400N(e) (relating to qualified
section 179 Gulf Opportunity Zone property) is amended--
(1) by striking ``this subsection, the term'' and
inserting:
``this subsection--
``(A) In general.--The term'', and
(2) by adding at the end the following new
subparagraph:
``(B) Extension for certain property.--In the
case of property substantially all of the use
of which is in one or more specified portions
of the GO Zone (as defined by subsection
(d)(6)), such term shall include section 179
property (as so defined) which is described in
subsection (d)(2), determined--
``(i) without regard to subsection
(d)(6), and
``(ii) by substituting `2008' for
`2007' in subparagraph (A)(v)
thereof.''.
SEC. 8222. EXTENSION AND EXPANSION OF LOW-INCOME HOUSING CREDIT RULES
FOR BUILDINGS IN THE GO ZONES.
(a) Time for Making Low-Income Housing Credit Allocations.--
Subsection (c) of section 1400N (relating to low-income housing
credit) is amended by redesignating paragraph (5) as paragraph
(6) and by inserting after paragraph (4) the following new
paragraph:
``(5) Time for making low-income housing credit
allocations.--Section 42(h)(1)(B) shall not apply to an
allocation of housing credit dollar amount to a
building located in the Gulf Opportunity Zone, the Rita
GO Zone, or the Wilma GO Zone, if such allocation is
made in 2006, 2007, or 2008, and such building is
placed in service before January 1, 2011.''.
(b) Extension of Period for Treating GO Zones as Difficult
Development Areas.--
(1) In general.--Subparagraph (A) of section
1400N(c)(3) is amended by striking ``2006, 2007, or
2008'' and inserting ``the period beginning on January
1, 2006, and ending on December 31, 2010''.
(2) Conforming amendment.--Clause (ii) of section
1400N(c)(3)(B) is amended by striking ``such period''
and inserting ``the period described in subparagraph
(A)''.
(c) Community Development Block Grants Not Taken Into Account
in Determining if Buildings Are Federally Subsidized.--
Subsection (c) of section 1400N (relating to low-income housing
credit), as amended by this Act, is amended by redesignating
paragraph (6) as paragraph (7) and by inserting after paragraph
(5) the following new paragraph:
``(6) Community development block grants not taken
into account in determining if buildings are federally
subsidized.--For purpose of applying section
42(i)(2)(D) to any building which is placed in service
in the Gulf Opportunity Zone, the Rita GO Zone, or the
Wilma GO Zone during the period beginning on January 1,
2006, and ending on December 31, 2010, a loan shall not
be treated as a below market Federal loan solely by
reason of any assistance provided under section 106,
107, or 108 of the Housing and Community Development
Act of 1974 by reason of section 122 of such Act or any
provision of the Department of Defense Appropriations
Act, 2006, or the Emergency Supplemental Appropriations
Act for Defense, the Global War on Terror, and
Hurricane Recovery, 2006.''.
SEC. 8223. SPECIAL TAX-EXEMPT BOND FINANCING RULE FOR REPAIRS AND
RECONSTRUCTIONS OF RESIDENCES IN THE GO ZONES.
Subsection (a) of section 1400N (relating to tax-exempt bond
financing) is amended by adding at the end the following new
paragraph:
``(7) Special rule for repairs and reconstructions.--
``(A) In general.--For purposes of section
143 and this subsection, any qualified GO Zone
repair or reconstruction shall be treated as a
qualified rehabilitation.
``(B) Qualified go zone repair or
reconstruction.--For purposes of subparagraph
(A), the term `qualified GO Zone repair or
reconstruction' means any repair of damage
caused by Hurricane Katrina, Hurricane Rita, or
Hurricane Wilma to a building located in the
Gulf Opportunity Zone, the Rita GO Zone, or the
Wilma GO Zone (or reconstruction of such
building in the case of damage constituting
destruction) if the expenditures for such
repair or reconstruction are 25 percent or more
of the mortgagor's adjusted basis in the
residence. For purposes of the preceding
sentence, the mortgagor's adjusted basis shall
be determined as of the completion of the
repair or reconstruction or, if later, the date
on which the mortgagor acquires the residence.
``(C) Termination.--This paragraph shall
apply only to owner-financing provided after
the date of the enactment of this paragraph and
before January 1, 2011.''.
SEC. 8224. GAO STUDY OF PRACTICES EMPLOYED BY STATE AND LOCAL
GOVERNMENTS IN ALLOCATING AND UTILIZING TAX
INCENTIVES PROVIDED PURSUANT TO THE GULF
OPPORTUNITY ZONE ACT OF 2005.
(a) In General.--The Comptroller General of the United States
shall conduct a study of the practices employed by State and
local governments, and subdivisions thereof, in allocating and
utilizing tax incentives provided pursuant to the Gulf
Opportunity Zone Act of 2005 and this Act.
(b) Submission of Report.--Not later than one year after the
date of the enactment of this Act, the Comptroller General
shall submit a report on the findings of the study conducted
under subsection (a) and shall include therein recommendations
(if any) relating to such findings. The report shall be
submitted to the Committee on Ways and Means of the House of
Representatives and the Committee on Finance of the Senate.
(c) Congressional Hearings.--In the case that the report
submitted under this section includes findings of significant
fraud, waste or abuse, each Committee specified in subsection
(b) shall, within 60 days after the date the report is
submitted under subsection (b), hold a public hearing to review
such findings.
Subpart C--Subchapter S Provisions
SEC. 8231. CAPITAL GAIN OF S CORPORATION NOT TREATED AS PASSIVE
INVESTMENT INCOME.
(a) In General.--Section 1362(d)(3) is amended by striking
subparagraphs (B), (C), (D), (E), and (F) and inserting the
following new subparagraphs:
``(B) Gross receipts from the sales of
certain assets.--For purposes of this
paragraph--
``(i) in the case of dispositions of
capital assets (other than stock and
securities), gross receipts from such
dispositions shall be taken into
account only to the extent of the
capital gain net income therefrom, and
``(ii) in the case of sales or
exchanges of stock or securities, gross
receipts shall be taken into account
only to the extent of the gains
therefrom.
``(C) Passive investment income defined.--
``(i) In general.--Except as
otherwise provided in this
subparagraph, the term `passive
investment income' means gross receipts
derived from royalties, rents,
dividends, interest, and annuities.
``(ii) Exception for interest on
notes from sales of inventory.--The
term `passive investment income' shall
not include interest on any obligation
acquired in the ordinary course of the
corporation's trade or business from
its sale of property described in
section 1221(a)(1).
``(iii) Treatment of certain lending
or finance companies.--If the S
corporation meets the requirements of
section 542(c)(6) for the taxable year,
the term `passive investment income'
shall not include gross receipts for
the taxable year which are derived
directly from the active and regular
conduct of a lending or finance
business (as defined in section
542(d)(1)).
``(iv) Treatment of certain
dividends.--If an S corporation holds
stock in a C corporation meeting the
requirements of section 1504(a)(2), the
term `passive investment income' shall
not include dividends from such C
corporation to the extent such
dividends are attributable to the
earnings and profits of such C
corporation derived from the active
conduct of a trade or business.
``(v) Exception for banks, etc.--In
the case of a bank (as defined in
section 581) or a depository
institution holding company (as defined
in section 3(w)(1) of the Federal
Deposit Insurance Act (12 U.S.C.
1813(w)(1)), the term `passive
investment income' shall not include--
``(I) interest income earned
by such bank or company, or
``(II) dividends on assets
required to be held by such
bank or company, including
stock in the Federal Reserve
Bank, the Federal Home Loan
Bank, or the Federal
Agricultural Mortgage Bank or
participation certificates
issued by a Federal
Intermediate Credit Bank.''.
(b) Effective Date.--The amendments made by this section
shall apply to taxable years beginning after the date of the
enactment of this Act.
SEC. 8232. TREATMENT OF BANK DIRECTOR SHARES.
(a) In General.--Section 1361 (defining S corporation) is
amended by adding at the end the following new subsection:
``(f) Restricted Bank Director Stock.--
``(1) In general.--Restricted bank director stock
shall not be taken into account as outstanding stock of
the S corporation in applying this subchapter (other
than section 1368(f)).
``(2) Restricted bank director stock.--For purposes
of this subsection, the term `restricted bank director
stock' means stock in a bank (as defined in section
581) or a depository institution holding company (as
defined in section 3(w)(1) of the Federal Deposit
Insurance Act (12 U.S.C. 1813(w)(1)), if such stock--
``(A) is required to be held by an individual
under applicable Federal or State law in order
to permit such individual to serve as a
director, and
``(B) is subject to an agreement with such
bank or company (or a corporation which
controls (within the meaning of section 368(c))
such bank or company) pursuant to which the
holder is required to sell back such stock (at
the same price as the individual acquired such
stock) upon ceasing to hold the office of
director.
``(3) Cross reference.--
``For treatment of certain distributions with respect to restricted bank
director stock, see section 1368(f).''.
(b) Distributions.--Section 1368 (relating to distributions)
is amended by adding at the end the following new subsection:
``(f) Restricted Bank Director Stock.--If a director receives
a distribution (not in part or full payment in exchange for
stock) from an S corporation with respect to any restricted
bank director stock (as defined in section 1361(f)), the amount
of such distribution--
``(1) shall be includible in gross income of the
director, and
``(2) shall be deductible by the corporation for the
taxable year of such corporation in which or with which
ends the taxable year in which such amount in included
in the gross income of the director.''.
(c) Effective Dates.--
(1) In general.--The amendments made by this section
shall apply to taxable years beginning after December
31, 2006.
(2) Special rule for treatment as second class of
stock.--In the case of any taxable year beginning after
December 31, 1996, restricted bank director stock (as
defined in section 1361(f) of the Internal Revenue Code
of 1986, as added by this section) shall not be taken
into account in determining whether an S corporation
has more than 1 class of stock.
SEC. 8233. SPECIAL RULE FOR BANK REQUIRED TO CHANGE FROM THE RESERVE
METHOD OF ACCOUNTING ON BECOMING S CORPORATION.
(a) In General.--Section 1361, as amended by this Act, is
amended by adding at the end the following new subsection:
``(g) Special Rule for Bank Required To Change From the
Reserve Method of Accounting on Becoming S Corporation.--In the
case of a bank which changes from the reserve method of
accounting for bad debts described in section 585 or 593 for
its first taxable year for which an election under section
1362(a) is in effect, the bank may elect to take into account
any adjustments under section 481 by reason of such change for
the taxable year immediately preceding such first taxable
year.''.
(b) Effective Date.--The amendments made by this section
shall apply to taxable years beginning after December 31, 2006.
SEC. 8234. TREATMENT OF THE SALE OF INTEREST IN A QUALIFIED SUBCHAPTER
S SUBSIDIARY.
(a) In General.--Subparagraph (C) of section 1361(b)(3)
(relating to treatment of terminations of qualified subchapter
S subsidiary status) is amended--
(1) by striking ``For purposes of this title,'' and
inserting the following:
``(i) In general.--For purposes of
this title,'', and
(2) by inserting at the end the following new clause:
``(ii) Termination by reason of sale
of stock.--If the failure to meet the
requirements of subparagraph (B) is by
reason of the sale of stock of a
corporation which is a qualified
subchapter S subsidiary, the sale of
such stock shall be treated as if--
``(I) the sale were a sale of
an undivided interest in the
assets of such corporation
(based on the percentage of the
corporation's stock sold), and
``(II) the sale were followed
by an acquisition by such
corporation of all of its
assets (and the assumption by
such corporation of all of its
liabilities) in a transaction
to which section 351
applies.''.
(b) Effective Date.--The amendments made by this section
shall apply to taxable years beginning after December 31, 2006.
SEC. 8235. ELIMINATION OF ALL EARNINGS AND PROFITS ATTRIBUTABLE TO PRE-
1983 YEARS FOR CERTAIN CORPORATIONS.
In the case of a corporation which is--
(1) described in section 1311(a)(1) of the Small
Business Job Protection Act of 1996, and
(2) not described in section 1311(a)(2) of such Act,
the amount of such corporation's accumulated earnings and
profits (for the first taxable year beginning after the date of
the enactment of this Act) shall be reduced by an amount equal
to the portion (if any) of such accumulated earnings and
profits which were accumulated in any taxable year beginning
before January 1, 1983, for which such corporation was an
electing small business corporation under subchapter S of the
Internal Revenue Code of 1986.
SEC. 8236. DEDUCTIBILITY OF INTEREST EXPENSE ON INDEBTEDNESS INCURRED
BY AN ELECTING SMALL BUSINESS TRUST TO ACQUIRE S
CORPORATION STOCK.
(a) In General.--Subparagraph (C) of section 641(c)(2)
(relating to modifications) is amended by inserting after
clause (iii) the following new clause:
``(iv) Any interest expense paid or
accrued on indebtedness incurred to
acquire stock in an S corporation.''.
(b) Effective Date.--The amendment made by this section shall
apply to taxable years beginning after December 31, 2006.
PART 2--REVENUE PROVISIONS
SEC. 8241. INCREASE IN AGE OF CHILDREN WHOSE UNEARNED INCOME IS TAXED
AS IF PARENT'S INCOME.
(a) In General.--Subparagraph (A) of section 1(g)(2)
(relating to child to whom subsection applies) is amended to
read as follows:
``(A) such child--
``(i) has not attained age 18 before
the close of the taxable year, or
``(ii)(I) has attained age 18 before
the close of the taxable year and meets
the age requirements of section
152(c)(3) (determined without regard to
subparagraph (B) thereof), and
``(II) whose earned income (as
defined in section 911(d)(2)) for such
taxable year does not exceed one-half
of the amount of the individual's
support (within the meaning of section
152(c)(1)(D) after the application of
section 152(f)(5) (without regard to
subparagraph (A) thereof)) for such
taxable year,''.
(b) Conforming Amendment.--Subsection (g) of section 1 is
amended by striking ``Minor'' in the heading thereof.
(c) Effective Date.--The amendment made by this section shall
apply to taxable years beginning after the date of the
enactment of this Act.
SEC. 8242. SUSPENSION OF CERTAIN PENALTIES AND INTEREST.
(a) In General.--Paragraphs (1)(A) and (3)(A) of section
6404(g) are each amended by striking ``18-month period'' and
inserting ``36-month period''.
(b) Effective Date.--The amendments made by this section
shall apply to notices provided by the Secretary of the
Treasury, or his delegate, after the date which is 6 months
after the date of the enactment of this Act.
SEC. 8243. MODIFICATION OF COLLECTION DUE PROCESS PROCEDURES FOR
EMPLOYMENT TAX LIABILITIES.
(a) In General.--Section 6330(f) (relating to jeopardy and
State refund collection) is amended--
(1) by striking ``; or'' at the end of paragraph (1)
and inserting a comma,
(2) by adding ``or'' at the end of paragraph (2), and
(3) by inserting after paragraph (2) the following
new paragraph:
``(3) the Secretary has served a disqualified
employment tax levy,''.
(b) Disqualified Employment Tax Levy.--Section 6330 of such
Code (relating to notice and opportunity for hearing before
levy) is amended by adding at the end the following new
subsection:
``(h) Disqualified Employment Tax Levy.--For purposes of
subsection (f), a disqualified employment tax levy is any levy
in connection with the collection of employment taxes for any
taxable period if the person subject to the levy (or any
predecessor thereof) requested a hearing under this section
with respect to unpaid employment taxes arising in the most
recent 2-year period before the beginning of the taxable period
with respect to which the levy is served. For purposes of the
preceding sentence, the term `employment taxes' means any taxes
under chapter 21, 22, 23, or 24.''.
(c) Effective Date.--The amendments made by this section
shall apply to levies served on or after the date that is 120
days after the date of the enactment of this Act.
SEC. 8244. PERMANENT EXTENSION OF IRS USER FEES.
Section 7528 (relating to Internal Revenue Service user fees)
is amended by striking subsection (c).
SEC. 8245. INCREASE IN PENALTY FOR BAD CHECKS AND MONEY ORDERS.
(a) In General.--Section 6657 (relating to bad checks) is
amended--
(1) by striking ``$750'' and inserting ``$1,250'',
and
(2) by striking ``$15'' and inserting ``$25''.
(b) Effective Date.--The amendments made by this section
apply to checks or money orders received after the date of the
enactment of this Act.
SEC. 8246. UNDERSTATEMENT OF TAXPAYER LIABILITY BY RETURN PREPARERS.
(a) Application of Return Preparer Penalties to All Tax
Returns.--
(1) Definition of tax return preparer.--Paragraph
(36) of section 7701(a) (relating to income tax
preparer) is amended--
(A) by striking ``income'' each place it
appears in the heading and the text, and
(B) in subparagraph (A), by striking
``subtitle A'' each place it appears and
inserting ``this title''.
(2) Conforming amendments.--
(A)(i) Section 6060 is amended by striking
``INCOME TAX RETURN PREPARERS'' in the heading
and inserting ``TAX RETURN PREPARERS''.
(ii) Section 6060(a) is amended--
(I) by striking ``an income tax
return preparer'' each place it appears
and inserting ``a tax return
preparer'',
(II) by striking ``each income tax
return preparer'' and inserting ``each
tax return preparer'', and
(III) by striking ``another income
tax return preparer'' and inserting
``another tax return preparer''.
(iii) The item relating to section 6060 in
the table of sections for subpart F of part III
of subchapter A of chapter 61 is amended by
striking ``income tax return preparers'' and
inserting ``tax return preparers''.
(iv) Subpart F of part III of subchapter A of
chapter 61 is amended by striking ``Income Tax
Return Preparers'' in the heading and inserting
``Tax Return Preparers''.
(v) The item relating to subpart F in the
table of subparts for part III of subchapter A
of chapter 61 is amended by striking ``income
tax return preparers'' and inserting ``tax
return preparers''.
(B) Section 6103(k)(5) is amended--
(i) by striking ``income tax return
preparer'' each place it appears and
inserting ``tax return preparer'', and
(ii) by striking ``income tax return
preparers'' each place it appears and
inserting ``tax return preparers''.
(C)(i) Section 6107 is amended--
(I) by striking ``INCOME TAX RETURN
PREPARER'' in the heading and inserting
``TAX RETURN PREPARER'',
(II) by striking ``an income tax
return preparer'' each place it appears
in subsections (a) and (b) and
inserting ``a tax return preparer'',
(III) by striking ``Income Tax Return
Preparer'' in the heading for
subsection (b) and inserting ``Tax
Return Preparer'', and
(IV) in subsection (c), by striking
``income tax return preparers'' and
inserting ``tax return preparers''.
(ii) The item relating to section 6107 in the
table of sections for subchapter B of chapter
61 is amended by striking ``Income tax return
preparer'' and inserting ``Tax return
preparer''.
(D) Section 6109(a)(4) is amended--
(i) by striking ``an income tax
return preparer'' and inserting ``a tax
return preparer'', and
(ii) by striking ``income return
preparer'' in the heading and inserting
``tax return preparer''.
(E) Section 6503(k)(4) is amended by striking
``Income tax return preparers'' and inserting
``Tax return preparers''.
(F)(i) Section 6694 is amended--
(I) by striking ``INCOME TAX RETURN
PREPARER'' in the heading and inserting
``TAX RETURN PREPARER'',
(II) by striking ``an income tax
return preparer'' each place it appears
and inserting ``a tax return
preparer'',
(III) in subsection (c)(2), by
striking ``the income tax return
preparer'' and inserting ``the tax
return preparer'',
(IV) in subsection (e), by striking
``subtitle A'' and inserting ``this
title'', and
(V) in subsection (f), by striking
``income tax return preparer'' and
inserting ``tax return preparer''.
(ii) The item relating to section 6694 in the
table of sections for part I of subchapter B of
chapter 68 is amended by striking ``income tax
return preparer'' and inserting ``tax return
preparer''.
(G)(i) Section 6695 is amended--
(I) by striking ``INCOME'' in the
heading, and
(II) by striking ``an income tax
return preparer'' each place it appears
and inserting ``a tax return
preparer''.
(ii) Section 6695(f) is amended--
(I) by striking ``subtitle A'' and
inserting ``this title'', and
(II) by striking ``the income tax
return preparer'' and inserting ``the
tax return preparer''.
(iii) The item relating to section 6695 in
the table of sections for part I of subchapter
B of chapter 68 is amended by striking
``income''.
(H) Section 6696(e) is amended by striking
``subtitle A'' each place it appears and
inserting ``this title''.
(I)(i) Section 7407 is amended--
(I) by striking ``INCOME TAX RETURN
PREPARERS'' in the heading and
inserting ``TAX RETURN PREPARERS'',
(II) by striking ``an income tax
return preparer'' each place it appears
and inserting ``a tax return
preparer'',
(III) by striking ``income tax
preparer'' both places it appears in
subsection (a) and inserting ``tax
return preparer'', and
(IV) by striking ``income tax
return'' in subsection (a) and
inserting ``tax return''.
(ii) The item relating to section 7407 in the
table of sections for subchapter A of chapter
76 is amended by striking ``income tax return
preparers'' and inserting ``tax return
preparers''.
(J)(i) Section 7427 is amended--
(I) by striking ``INCOME TAX RETURN
PREPARERS'' in the heading and
inserting ``TAX RETURN PREPARERS'', and
(II) by striking ``an income tax
return preparer'' and inserting ``a tax
return preparer''.
(ii) The item relating to section 7427 in the
table of sections for subchapter B of chapter
76 is amended to read as follows:
``Sec. 7427. Tax return preparers.''.
(b) Modification of Penalty for Understatement of Taxpayer's
Liability by Tax Return Preparer.--Subsections (a) and (b) of
section 6694 are amended to read as follows:
``(a) Understatement Due to Unreasonable Positions.--
``(1) In general.--Any tax return preparer who
prepares any return or claim for refund with respect to
which any part of an understatement of liability is due
to a position described in paragraph (2) shall pay a
penalty with respect to each such return or claim in an
amount equal to the greater of--
``(A) $1,000, or
``(B) 50 percent of the income derived (or to
be derived) by the tax return preparer with
respect to the return or claim.
``(2) Unreasonable position.--A position is described
in this paragraph if--
``(A) the tax return preparer knew (or
reasonably should have known) of the position,
``(B) there was not a reasonable belief that
the position would more likely than not be
sustained on its merits, and
``(C)(i) the position was not disclosed as
provided in section 6662(d)(2)(B)(ii), or
``(ii) there was no reasonable basis for the
position.
``(3) Reasonable cause exception.--No penalty shall
be imposed under this subsection if it is shown that
there is reasonable cause for the understatement and
the tax return preparer acted in good faith.
``(b) Understatement Due to Willful or Reckless Conduct.--
``(1) In general.--Any tax return preparer who
prepares any return or claim for refund with respect to
which any part of an understatement of liability is due
to a conduct described in paragraph (2) shall pay a
penalty with respect to each such return or claim in an
amount equal to the greater of--
``(A) $5,000, or
``(B) 50 percent of the income derived (or to
be derived) by the tax return preparer with
respect to the return or claim.
``(2) Willful or reckless conduct.--Conduct described
in this paragraph is conduct by the tax return preparer
which is--
``(A) a willful attempt in any manner to
understate the liability for tax on the return
or claim, or
``(B) a reckless or intentional disregard of
rules or regulations.
``(3) Reduction in penalty.--The amount of any
penalty payable by any person by reason of this
subsection for any return or claim for refund shall be
reduced by the amount of the penalty paid by such
person by reason of subsection (a).''.
(c) Effective Date.--The amendments made by this section
shall apply to returns prepared after the date of the enactment
of this Act.
SEC. 8247. PENALTY FOR FILING ERRONEOUS REFUND CLAIMS.
(a) In General.--Part I of subchapter B of chapter 68
(relating to assessable penalties) is amended by inserting
after section 6675 the following new section:
``SEC. 6676. ERRONEOUS CLAIM FOR REFUND OR CREDIT.
``(a) Civil Penalty.--If a claim for refund or credit with
respect to income tax (other than a claim for a refund or
credit relating to the earned income credit under section 32)
is made for an excessive amount, unless it is shown that the
claim for such excessive amount has a reasonable basis, the
person making such claim shall be liable for a penalty in an
amount equal to 20 percent of the excessive amount.
``(b) Excessive Amount.--For purposes of this section, the
term `excessive amount' means in the case of any person the
amount by which the amount of the claim for refund or credit
for any taxable year exceeds the amount of such claim allowable
under this title for such taxable year.
``(c) Coordination With Other Penalties.--This section shall
not apply to any portion of the excessive amount of a claim for
refund or credit which is subject to a penalty imposed under
part II of subchapter A of chapter 68.''.
(b) Conforming Amendment.--The table of sections for part I
of subchapter B of chapter 68 is amended by inserting after the
item relating to section 6675 the following new item:
``Sec. 6676. Erroneous claim for refund or credit.''.
(c) Effective Date.--The amendments made by this section
shall apply to any claim filed or submitted after the date of
the enactment of this Act.
SEC. 8248. TIME FOR PAYMENT OF CORPORATE ESTIMATED TAXES.
Subparagraph (B) of section 401(1) of the Tax Increase
Prevention and Reconciliation Act of 2005 is amended by
striking ``106.25 percent'' and inserting ``114.25 percent''.
Subtitle C--Small Business Incentives
SEC. 8301. SHORT TITLE.
This subtitle may be cited as the ``Small Business and Work
Opportunity Act of 2007''.
SEC. 8302. ENHANCED COMPLIANCE ASSISTANCE FOR SMALL BUSINESSES.
(a) In General.--Section 212 of the Small Business Regulatory
Enforcement Fairness Act of 1996 (5 U.S.C. 601 note) is amended
by striking subsection (a) and inserting the following:
``(a) Compliance Guide.--
``(1) In general.--For each rule or group of related
rules for which an agency is required to prepare a
final regulatory flexibility analysis under section
605(b) of title 5, United States Code, the agency shall
publish 1 or more guides to assist small entities in
complying with the rule and shall entitle such
publications `small entity compliance guides'.
``(2) Publication of guides.--The publication of each
guide under this subsection shall include--
``(A) the posting of the guide in an easily
identified location on the website of the
agency; and
``(B) distribution of the guide to known
industry contacts, such as small entities,
associations, or industry leaders affected by
the rule.
``(3) Publication date.--An agency shall publish each
guide (including the posting and distribution of the
guide as described under paragraph (2))--
``(A) on the same date as the date of
publication of the final rule (or as soon as
possible after that date); and
``(B) not later than the date on which the
requirements of that rule become effective.
``(4) Compliance actions.--
``(A) In general.--Each guide shall explain
the actions a small entity is required to take
to comply with a rule.
``(B) Explanation.--The explanation under
subparagraph (A)--
``(i) shall include a description of
actions needed to meet the requirements
of a rule, to enable a small entity to
know when such requirements are met;
and
``(ii) if determined appropriate by
the agency, may include a description
of possible procedures, such as
conducting tests, that may assist a
small entity in meeting such
requirements, except that, compliance
with any procedures described pursuant
to this section does not establish
compliance with the rule, or establish
a presumption or inference of such
compliance.
``(C) Procedures.--Procedures described under
subparagraph (B)(ii)--
``(i) shall be suggestions to assist
small entities; and
``(ii) shall not be additional
requirements, or diminish requirements,
relating to the rule.
``(5) Agency preparation of guides.--The agency
shall, in its sole discretion, taking into account the
subject matter of the rule and the language of relevant
statutes, ensure that the guide is written using
sufficiently plain language likely to be understood by
affected small entities. Agencies may prepare separate
guides covering groups or classes of similarly affected
small entities and may cooperate with associations of
small entities to develop and distribute such guides.
An agency may prepare guides and apply this section
with respect to a rule or a group of related rules.
``(6) Reporting.--Not later than 1 year after the
date of enactment of the Fair Minimum Wage Act of 2007,
and annually thereafter, the head of each agency shall
submit a report to the Committee on Small Business and
Entrepreneurship of the Senate, the Committee on Small
Business of the House of Representatives, and any other
committee of relevant jurisdiction describing the
status of the agency's compliance with paragraphs (1)
through (5).''.
(b) Technical and Conforming Amendment.--Section 211(3) of
the Small Business Regulatory Enforcement Fairness Act of 1996
(5 U.S.C. 601 note) is amended by inserting ``and entitled''
after ``designated''.
SEC. 8303. SMALL BUSINESS CHILD CARE GRANT PROGRAM.
(a) Establishment.--The Secretary of Health and Human
Services (referred to in this section as the ``Secretary'')
shall establish a program to award grants to States, on a
competitive basis, to assist States in providing funds to
encourage the establishment and operation of employer-operated
child care programs.
(b) Application.--To be eligible to receive a grant under
this section, a State shall prepare and submit to the Secretary
an application at such time, in such manner, and containing
such information as the Secretary may require, including an
assurance that the funds required under subsection (e) will be
provided.
(c) Amount and Period of Grant.--The Secretary shall
determine the amount of a grant to a State under this section
based on the population of the State as compared to the
population of all States receiving grants under this section.
The Secretary shall make the grant for a period of 3 years.
(d) Use of Funds.--
(1) In general.--A State shall use amounts provided
under a grant awarded under this section to provide
assistance to small businesses (or consortia formed in
accordance with paragraph (3)) located in the State to
enable the small businesses (or consortia) to establish
and operate child care programs. Such assistance may
include--
(A) technical assistance in the establishment
of a child care program;
(B) assistance for the startup costs related
to a child care program;
(C) assistance for the training of child care
providers;
(D) scholarships for low-income wage earners;
(E) the provision of services to care for
sick children or to provide care to school-aged
children;
(F) the entering into of contracts with local
resource and referral organizations or local
health departments;
(G) assistance for care for children with
disabilities;
(H) payment of expenses for renovation or
operation of a child care facility; or
(I) assistance for any other activity
determined appropriate by the State.
(2) Application.--In order for a small business or
consortium to be eligible to receive assistance from a
State under this section, the small business involved
shall prepare and submit to the State an application at
such time, in such manner, and containing such
information as the State may require.
(3) Preference.--
(A) In general.--In providing assistance
under this section, a State shall give priority
to an applicant that desires to form a
consortium to provide child care in a
geographic area within the State where such
care is not generally available or accessible.
(B) Consortium.--For purposes of subparagraph
(A), a consortium shall be made up of 2 or more
entities that shall include small businesses
and that may include large businesses,
nonprofit agencies or organizations, local
governments, or other appropriate entities.
(4) Limitations.--With respect to grant funds
received under this section, a State may not provide in
excess of $500,000 in assistance from such funds to any
single applicant.
(e) Matching Requirement.--To be eligible to receive a grant
under this section, a State shall provide assurances to the
Secretary that, with respect to the costs to be incurred by a
covered entity receiving assistance in carrying out activities
under this section, the covered entity will make available
(directly or through donations from public or private entities)
non-Federal contributions to such costs in an amount equal to--
(1) for the first fiscal year in which the covered
entity receives such assistance, not less than 50
percent of such costs ($1 for each $1 of assistance
provided to the covered entity under the grant);
(2) for the second fiscal year in which the covered
entity receives such assistance, not less than 66\2/3\
percent of such costs ($2 for each $1 of assistance
provided to the covered entity under the grant); and
(3) for the third fiscal year in which the covered
entity receives such assistance, not less than 75
percent of such costs ($3 for each $1 of assistance
provided to the covered entity under the grant).
(f) Requirements of Providers.--To be eligible to receive
assistance under a grant awarded under this section, a child
care provider--
(1) who receives assistance from a State shall comply
with all applicable State and local licensing and
regulatory requirements and all applicable health and
safety standards in effect in the State; and
(2) who receives assistance from an Indian tribe or
tribal organization shall comply with all applicable
regulatory standards.
(g) State-Level Activities.--A State may not retain more than
3 percent of the amount described in subsection (c) for State
administration and other State-level activities.
(h) Administration.--
(1) State responsibility.--A State shall have
responsibility for administering a grant awarded for
the State under this section and for monitoring covered
entities that receive assistance under such grant.
(2) Audits.--A State shall require each covered
entity receiving assistance under the grant awarded
under this section to conduct an annual audit with
respect to the activities of the covered entity. Such
audits shall be submitted to the State.
(3) Misuse of funds.--
(A) Repayment.--If the State determines,
through an audit or otherwise, that a covered
entity receiving assistance under a grant
awarded under this section has misused the
assistance, the State shall notify the
Secretary of the misuse. The Secretary, upon
such a notification, may seek from such a
covered entity the repayment of an amount equal
to the amount of any such misused assistance
plus interest.
(B) Appeals process.--The Secretary shall by
regulation provide for an appeals process with
respect to repayments under this paragraph.
(i) Reporting Requirements.--
(1) 2-year study.--
(A) In general.--Not later than 2 years after
the date on which the Secretary first awards
grants under this section, the Secretary shall
conduct a study to determine--
(i) the capacity of covered entities
to meet the child care needs of
communities within States;
(ii) the kinds of consortia that are
being formed with respect to child care
at the local level to carry out
programs funded under this section; and
(iii) who is using the programs
funded under this section and the
income levels of such individuals.
(B) Report.--Not later than 28 months after
the date on which the Secretary first awards
grants under this section, the Secretary shall
prepare and submit to the appropriate
committees of Congress a report on the results
of the study conducted in accordance with
subparagraph (A).
(2) 4-year study.--
(A) In general.--Not later than 4 years after
the date on which the Secretary first awards
grants under this section, the Secretary shall
conduct a study to determine the number of
child care facilities that are funded through
covered entities that received assistance
through a grant awarded under this section and
that remain in operation, and the extent to
which such facilities are meeting the child
care needs of the individuals served by such
facilities.
(B) Report.--Not later than 52 months after
the date on which the Secretary first awards
grants under this section, the Secretary shall
prepare and submit to the appropriate
committees of Congress a report on the results
of the study conducted in accordance with
subparagraph (A).
(j) Definitions.--In this section:
(1) Covered entity.--The term ``covered entity''
means a small business or a consortium formed in
accordance with subsection (d)(3).
(2) Indian community.--The term ``Indian community''
means a community served by an Indian tribe or tribal
organization.
(3) Indian tribe; tribal organization.--The terms
``Indian tribe'' and ``tribal organization'' have the
meanings given the terms in section 658P of the Child
Care and Development Block Grant Act of 1990 (42 U.S.C.
9858n).
(4) Small business.--The term ``small business''
means an employer who employed an average of at least 2
but not more than 50 employees on the business days
during the preceding calendar year.
(5) State.--The term ``State'' has the meaning given
the term in section 658P of the Child Care and
Development Block Grant Act of 1990 (42 U.S.C. 9858n).
(k) Application to Indian Tribes and Tribal Organizations.--
In this section:
(1) In general.--Except as provided in subsection
(f)(1), and in paragraphs (2) and (3), the term
``State'' includes an Indian tribe or tribal
organization.
(2) Geographic references.--The term ``State''
includes an Indian community in subsections (c) (the
second and third place the term appears), (d)(1) (the
second place the term appears), (d)(3)(A) (the second
place the term appears), and (i)(1)(A)(i).
(3) State-level activities.--The term ``State-level
activities'' includes activities at the tribal level.
(l) Authorization of Appropriations.--
(1) In general.--There is authorized to be
appropriated to carry out this section, $50,000,000 for
the period of fiscal years 2008 through 2012.
(2) Studies and administration.--With respect to the
total amount appropriated for such period in accordance
with this subsection, not more than $2,500,000 of that
amount may be used for expenditures related to
conducting studies required under, and the
administration of, this section.
(m) Termination of Program.--The program established under
subsection (a) shall terminate on September 30, 2012.
SEC. 8304. STUDY OF UNIVERSAL USE OF ADVANCE PAYMENT OF EARNED INCOME
CREDIT.
Not later than 180 days after the date of the enactment of
this Act, the Secretary of the Treasury shall report to
Congress on a study of the benefits, costs, risks, and barriers
to workers and to businesses (with a special emphasis on small
businesses) if the advance earned income tax credit program
(under section 3507 of the Internal Revenue Code of 1986)
included all recipients of the earned income tax credit (under
section 32 of such Code) and what steps would be necessary to
implement such inclusion.
SEC. 8305. RENEWAL GRANTS FOR WOMEN'S BUSINESS CENTERS.
(a) In General.--Section 29 of the Small Business Act (15
U.S.C. 656) is amended by adding at the end the following:
``(m) Continued Funding for Centers.--
``(1) In general.--A nonprofit organization described
in paragraph (2) shall be eligible to receive, subject
to paragraph (3), a 3-year grant under this subsection.
``(2) Applicability.--A nonprofit organization
described in this paragraph is a nonprofit organization
that has received funding under subsection (b) or (l).
``(3) Application and approval criteria.--
``(A) Criteria.--Subject to subparagraph (B),
the Administrator shall develop and publish
criteria for the consideration and approval of
applications by nonprofit organizations under
this subsection.
``(B) Contents.--Except as otherwise provided
in this subsection, the conditions for
participation in the grant program under this
subsection shall be the same as the conditions
for participation in the program under
subsection (l), as in effect on the date of
enactment of this Act.
``(C) Notification.--Not later than 60 days
after the date of the deadline to submit
applications for each fiscal year, the
Administrator shall approve or deny any
application under this subsection and notify
the applicant for each such application.
``(4) Award of grants.--
``(A) In general.--Subject to the
availability of appropriations, the
Administrator shall make a grant for the
Federal share of the cost of activities
described in the application to each applicant
approved under this subsection.
``(B) Amount.--A grant under this subsection
shall be for not more than $150,000, for each
year of that grant.
``(C) Federal share.--The Federal share under
this subsection shall be not more than 50
percent.
``(D) Priority.--In allocating funds made
available for grants under this section, the
Administrator shall give applications under
this subsection or subsection (l) priority over
first-time applications under subsection (b).
``(5) Renewal.--
``(A) In general.--The Administrator may
renew a grant under this subsection for
additional 3-year periods, if the nonprofit
organization submits an application for such
renewal at such time, in such manner, and
accompanied by such information as the
Administrator may establish.
``(B) Unlimited renewals.--There shall be no
limitation on the number of times a grant may
be renewed under subparagraph (A).
``(n) Privacy Requirements.--
``(1) In general.--A women's business center may not
disclose the name, address, or telephone number of any
individual or small business concern receiving
assistance under this section without the consent of
such individual or small business concern, unless--
``(A) the Administrator is ordered to make
such a disclosure by a court in any civil or
criminal enforcement action initiated by a
Federal or State agency; or
``(B) the Administrator considers such a
disclosure to be necessary for the purpose of
conducting a financial audit of a women's
business center, but a disclosure under this
subparagraph shall be limited to the
information necessary for such audit.
``(2) Administration use of information.--This
subsection shall not--
``(A) restrict Administration access to
program activity data; or
``(B) prevent the Administration from using
client information (other than the information
described in subparagraph (A)) to conduct
client surveys.
``(3) Regulations.--The Administrator shall issue
regulations to establish standards for requiring
disclosures during a financial audit under paragraph
(1)(B).''.
(b) Repeal.--Section 29(l) of the Small Business Act (15
U.S.C. 656(l)) is repealed effective October 1 of the first
full fiscal year after the date of enactment of this Act.
(c) Transitional Rule.--Notwithstanding any other provision
of law, a grant or cooperative agreement that was awarded under
subsection (l) of section 29 of the Small Business Act (15
U.S.C. 656), on or before the day before the date described in
subsection (b) of this section, shall remain in full force and
effect under the terms, and for the duration, of such grant or
agreement.
SEC. 8306. REPORTS ON ACQUISITIONS OF ARTICLES, MATERIALS, AND SUPPLIES
MANUFACTURED OUTSIDE THE UNITED STATES.
Section 2 of the Buy American Act (41 U.S.C. 10a) is
amended--
(1) by striking ``Notwithstanding'' and inserting the
following:
``(a) In General.--Notwithstanding''; and
(2) by adding at the end the following:
``(b) Reports.--
``(1) In general.--Not later than 180 days after the
end of each of fiscal years 2007 through 2011, the head
of each Federal agency shall submit to the Committee on
Homeland Security and Governmental Affairs of the
Senate and the Committee on Oversight and Government
Reform of the House of Representatives a report on the
amount of the acquisitions made by the agency in that
fiscal year of articles, materials, or supplies
purchased from entities that manufacture the articles,
materials, or supplies outside of the United States.
``(2) Contents of report.--The report required by
paragraph (1) shall separately include, for the fiscal
year covered by such report--
``(A) the dollar value of any articles,
materials, or supplies that were manufactured
outside the United States;
``(B) an itemized list of all waivers granted
with respect to such articles, materials, or
supplies under this Act, and a citation to the
treaty, international agreement, or other law
under which each waiver was granted;
``(C) if any articles, materials, or supplies
were acquired from entities that manufacture
articles, materials, or supplies outside the
United States, the specific exception under
this section that was used to purchase such
articles, materials, or supplies; and
``(D) a summary of--
``(i) the total procurement funds
expended on articles, materials, and
supplies manufactured inside the United
States; and
``(ii) the total procurement funds
expended on articles, materials, and
supplies manufactured outside the
United States.
``(3) Public availability.--The head of each Federal
agency submitting a report under paragraph (1) shall
make the report publicly available to the maximum
extent practicable.
``(4) Exception for intelligence community.--This
subsection shall not apply to acquisitions made by an
agency, or component thereof, that is an element of the
intelligence community as specified in, or designated
under, section 3(4) of the National Security Act of
1947 (50 U.S.C. 401a(4)).''.
TITLE IX--AGRICULTURAL ASSISTANCE
SEC. 9001. CROP DISASTER ASSISTANCE.
(a) Assistance Available.--There are hereby appropriated to
the Secretary of Agriculture such sums as are necessary, to
remain available until expended, to make emergency financial
assistance available to producers on a farm that incurred
qualifying quantity or quality losses for the 2005, 2006, or
2007 crop, due to damaging weather or any related condition
(including losses due to crop diseases, insects, and delayed
planting), as determined by the Secretary. However, to be
eligible for assistance, the crop subject to the loss must have
been planted before February 28, 2007, or, in the case of
prevented planting or other total loss, would have been planted
before February 28, 2007, in the absence of the damaging
weather or any related condition.
(b) Election of Crop Year.--If a producer incurred qualifying
crop losses in more than one of the 2005, 2006, or 2007 crop
years, the producer shall elect to receive assistance under
this section for losses incurred in only one of such crop
years. The producer may not receive assistance under this
section for more than one crop year.
(c) Administration.--
(1) In general.--Except as provided in paragraph (2),
the Secretary of Agriculture shall make assistance
available under this section in the same manner as
provided under section 815 of the Agriculture, Rural
Development, Food and Drug Administration and Related
Agencies Appropriations Act, 2001 (Public Law 106-387;
114 Stat. 1549A-55), including using the same loss
thresholds for quantity and economic losses as were
used in administering that section, except that the
payment rate shall be 42 percent of the established
price, instead of 65 percent.
(2) Loss thresholds for quality losses.--In the case
of a payment for quality loss for a crop under
subsection (a), the loss thresholds for quality loss
for the crop shall be determined under subsection (d).
(d) Quality Losses.--
(1) In general.--Subject to paragraph (3), the amount
of a payment made to producers on a farm for a quality
loss for a crop under subsection (a) shall be equal to
the amount obtained by multiplying--
(A) 65 percent of the payment quantity
determined under paragraph (2); by
(B) 42 percent of the payment rate determined
under paragraph (3).
(2) Payment quantity.--For the purpose of paragraph
(1)(A), the payment quantity for quality losses for a
crop of a commodity on a farm shall equal the lesser
of--
(A) the actual production of the crop
affected by a quality loss of the commodity on
the farm; or
(B) the quantity of expected production of
the crop affected by a quality loss of the
commodity on the farm, using the formula used
by the Secretary of Agriculture to determine
quantity losses for the crop of the commodity
under subsection (a).
(3) Payment rate.--For the purpose of paragraph
(1)(B) and in accordance with paragraphs (5) and (6),
the payment rate for quality losses for a crop of a
commodity on a farm shall be equal to the difference
between--
(A) the per unit market value that the units
of the crop affected by the quality loss would
have had if the crop had not suffered a quality
loss; and
(B) the per unit market value of the units of
the crop affected by the quality loss.
(4) Eligibility.--For producers on a farm to be
eligible to obtain a payment for a quality loss for a
crop under subsection (a), the amount obtained by
multiplying the per unit loss determined under
paragraph (1) by the number of units affected by the
quality loss shall be at least 25 percent of the value
that all affected production of the crop would have had
if the crop had not suffered a quality loss.
(5) Marketing contracts.--In the case of any
production of a commodity that is sold pursuant to one
or more marketing contracts (regardless of whether the
contract is entered into by the producers on the farm
before or after harvest) and for which appropriate
documentation exists, the quantity designated in the
contracts shall be eligible for quality loss assistance
based on the one or more prices specified in the
contracts.
(6) Other production.--For any additional production
of a commodity for which a marketing contract does not
exist or for which production continues to be owned by
the producer, quality losses shall be based on the
average local market discounts for reduced quality, as
determined by the appropriate State committee of the
Farm Service Agency.
(7) Quality adjustments and discounts.--The
appropriate State committee of the Farm Service Agency
shall identify the appropriate quality adjustment and
discount factors to be considered in carrying out this
subsection, including--
(A) the average local discounts actually
applied to a crop; and
(B) the discount schedules applied to loans
made by the Farm Service Agency or crop
insurance coverage under the Federal Crop
Insurance Act (7 U.S.C. 1501 et seq.).
(8) Eligible production.--The Secretary of
Agriculture shall carry out this subsection in a fair
and equitable manner for all eligible production,
including the production of fruits and vegetables,
other specialty crops, and field crops.
(e) Payment Limitations.--
(1) Limit on amount of assistance.--Assistance
provided under this section to a producer for losses to
a crop, together with the amounts specified in
paragraph (2) applicable to the same crop, may not
exceed 95 percent of what the value of the crop would
have been in the absence of the losses, as estimated by
the Secretary of Agriculture.
(2) Other payments.--In applying the limitation in
paragraph (1), the Secretary shall include the
following:
(A) Any crop insurance payment made under the
Federal Crop Insurance Act (7 U.S.C. 1501 et
seq.) or payment under section 196 of the
Federal Agriculture Improvement and Reform Act
of 1996 (7 U.S.C. 7333) that the producer
receives for losses to the same crop.
(B) The value of the crop that was not lost
(if any), as estimated by the Secretary.
(f) Eligibility Requirements and Limitations.--The producers
on a farm shall not be eligible for assistance under this
section with respect to losses to an insurable commodity or
noninsurable commodity if the producers on the farm--
(1) in the case of an insurable commodity, did not
obtain a policy or plan of insurance for the insurable
commodity under the Federal Crop Insurance Act (7
U.S.C. 1501 et seq.) for the crop incurring the losses;
(2) in the case of a noninsurable commodity, did not
file the required paperwork, and pay the administrative
fee by the applicable State filing deadline, for the
noninsurable commodity under section 196 of the Federal
Agriculture Improvement and Reform Act of 1996 (7
U.S.C. 7333) for the crop incurring the losses; or
(3) were not in compliance with highly erodible land
conservation and wetland conservation provisions.
(g) Timing.--
(1) In general.--Subject to paragraph (2), the
Secretary of Agriculture shall make payments to
producers on a farm for a crop under this section not
later than 60 days after the date the producers on the
farm submit to the Secretary a completed application
for the payments.
(2) Interest.--If the Secretary does not make
payments to the producers on a farm by the date
described in paragraph (1), the Secretary shall pay to
the producers on a farm interest on the payments at a
rate equal to the current (as of the sign-up deadline
established by the Secretary) market yield on
outstanding, marketable obligations of the United
States with maturities of 30 years.
(h) Definitions.--In this section:
(1) Insurable commodity.--The term ``insurable
commodity'' means an agricultural commodity (excluding
livestock) for which the producers on a farm are
eligible to obtain a policy or plan of insurance under
the Federal Crop Insurance Act (7 U.S.C. 1501 et seq.).
(2) Noninsurable commodity.--The term ``noninsurable
commodity'' means a crop for which the producers on a
farm are eligible to obtain assistance under section
196 of the Federal Agriculture Improvement and Reform
Act of 1996 (7 U.S.C. 7333).
SEC. 9002. LIVESTOCK ASSISTANCE.
(a) Livestock Compensation Program.--
(1) Availability of assistance.--There are hereby
appropriated to the Secretary of Agriculture such sums
as are necessary, to remain available until expended,
to carry out the livestock compensation program
established under subpart B of part 1416 of title 7,
Code of Federal Regulations, as announced by the
Secretary on February 12, 2007 (72 Fed. Reg. 6443), to
provide compensation for livestock losses between
January 1, 2005 and February 28, 2007, due to a
disaster, as determined by the Secretary (including
losses due to blizzards that started in 2006 and
continued into January 2007). However, the payment rate
for compensation under this subsection shall be 61
percent of the payment rate otherwise applicable under
such program. In addition, section 1416.102(b)(2)(ii)
of title 7, Code of Federal Regulations (72 Fed. Reg.
6444) shall not apply.
(2) Eligible applicants.--In carrying out the program
described in paragraph (1), the Secretary shall provide
assistance to any applicant that--
(A) conducts a livestock operation that is
located in a disaster county with eligible
livestock specified in paragraph (1) of section
1416.102(a) of title 7, Code of Federal
Regulations (72 Fed. Reg. 6444), an animal
described in section 10806(a)(1) of the Farm
Security and Rural Investment Act of 2002 (21
U.S.C. 321d(a)(1)), or other animals designated
by the Secretary as livestock for purposes of
this subsection; and
(B) meets the requirements of paragraphs (3)
and (4) of section 1416.102(a) of title 7, Code
of Federal Regulations, and all other
eligibility requirements established by the
Secretary for the program.
(3) Election of losses.--
(A) If a producer incurred eligible livestock
losses in more than one of the 2005, 2006, or
2007 calendar years, the producer shall elect
to receive payments under this subsection for
losses incurred in only one of such calendar
years, and such losses must have been incurred
in a county declared or designated as a
disaster county in that same calendar year.
(B) Producers may elect to receive
compensation for losses in the calendar year
2007 grazing season that are attributable to
wildfires occurring during the applicable
period, as determined by the Secretary.
(4) Mitigation.--In determining the eligibility for
or amount of payments for which a producer is eligible
under the livestock compensation program, the Secretary
shall not penalize a producer that takes actions
(recognizing disaster conditions) that reduce the
average number of livestock the producer owned for
grazing during the production year for which assistance
is being provided.
(5) Definitions.--In this subsection:
(A) Disaster county.--The term ``disaster
county'' means--
(i) a county included in the
geographic area covered by a natural
disaster declaration; and
(ii) each county contiguous to a
county described in clause (i).
(B) Natural disaster declaration.--The term
``natural disaster declaration'' means--
(i) a natural disaster declared by
the Secretary between January 1, 2005
and February 28, 2007, under section
321(a) of the Consolidated Farm and
Rural Development Act (7 U.S.C.
1961(a));
(ii) a major disaster or emergency
designated by the President between
January 1, 2005 and February 28, 2007,
under the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42
U.S.C. 5121 et seq.); or
(iii) a determination of a Farm
Service Agency Administrator's Physical
Loss Notice if such notice applies to a
county included under (ii).
(b) Livestock Indemnity Payments.--
(1) Availability of assistance.--There are hereby
appropriated to the Secretary of Agriculture such sums
as are necessary, to remain available until expended,
to make livestock indemnity payments to producers on
farms that have incurred livestock losses between
January 1, 2005 and February 28, 2007, due to a
disaster, as determined by the Secretary (including
losses due to blizzards that started in 2006 and
continued into January 2007) in a disaster county. To
be eligible for assistance, applicants must meet all
eligibility requirements established by the Secretary
for the program.
(2) Election of losses.--If a producer incurred
eligible livestock losses in more than one of the 2005,
2006, or 2007 calendar years, the producer shall elect
to receive payments under this subsection for losses
incurred in only one of such calendar years. The
producer may not receive payments under this subsection
for more than one calendar year.
(3) Payment rates.--Indemnity payments to a producer
on a farm under paragraph (1) shall be made at a rate
of not less than 26 percent of the market value of the
applicable livestock on the day before the date of
death of the livestock, as determined by the Secretary.
(4) Livestock defined.--In this subsection, the term
``livestock'' means an animal that--
(A) is specified in clause (i) of section
1416.203(a)(2) of title 7, Code of Federal
Regulations (72 Fed. Reg. 6445), or is
designated by the Secretary as livestock for
purposes of this subsection; and
(B) meets the requirements of clauses (iii)
and (iv) of such section.
(5) Definitions.--In this subsection:
(A) Disaster county.--The term ``disaster
county'' means--
(i) a county included in the
geographic area covered by a natural
disaster declaration; and
(ii) each county contiguous to a
county described in clause (i).
(B) Natural disaster declaration.--The term
``natural disaster declaration'' means--
(i) a natural disaster declared by
the Secretary between January 1, 2005
and February 28, 2007, under section
321(a) of the Consolidated Farm and
Rural Development Act (7 U.S.C.
1961(a));
(ii) a major disaster or emergency
designated by the President between
January 1, 2005 and February 28, 2007,
under the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42
U.S.C. 5121 et seq.); or
(iii) a determination of a Farm
Service Agency Administrator's Physical
Loss Notice if such notice applies to a
county included under (ii).
SEC. 9003. EMERGENCY CONSERVATION PROGRAM.
There is hereby appropriated to the Secretary of Agriculture
$16,000,000, to remain available until expended, to provide
assistance under the Emergency Conservation Program under title
IV of the Agriculture Credit Act of 1978 (16 U.S.C. 2201 et
seq.) for the cleanup and restoration of farm and agricultural
production lands.
SEC. 9004. PAYMENT LIMITATIONS.
(a) Reduction in Payments to Reflect Payments for Same or
Similar Losses.--The amount of any payment for which a producer
is eligible under sections 9001 and 9002 shall be reduced by
any amount received by the producer for the same loss or any
similar loss under--
(1) the Department of Defense, Emergency Supplemental
Appropriations to Address Hurricanes in the Gulf of
Mexico, and Pandemic Influenza Act, 2006 (Public Law
109-148; 119 Stat. 2680);
(2) an agricultural disaster assistance provision
contained in the announcement of the Secretary on
January 26, 2006 or August 29, 2006; or
(3) the Emergency Supplemental Appropriations Act for
Defense, the Global War on Terror, and Hurricane
Recovery, 2006 (Public Law 109-234; 120 Stat. 418).
(b) Adjusted Gross Income Limitation.--Section 1001D of the
Food Security Act of 1985 (7 U.S.C. 1308-3a) shall apply with
respect to assistance provided under sections 9001, 9002, and
9003.
SEC. 9005. ADMINISTRATION.
(a) Regulations.--The Secretary of Agriculture may promulgate
such regulations as are necessary to implement sections 9001
and 9002.
(b) Procedure.--The promulgation of the implementing
regulations and the administration of sections 9001 and 9002
shall be made without regard to--
(1) the notice and comment provisions of section 553
of title 5, United States Code;
(2) the Statement of Policy of the Secretary of
Agriculture effective July 24, 1971 (36 Fed. Reg.
13804), relating to notices of proposed rulemaking and
public participation in rulemaking; and
(3) chapter 35 of title 44, United States Code
(commonly known as the ``Paperwork Reduction Act'').
(c) Congressional Review of Agency Rulemaking.--In carrying
out this section, the Secretary of Agriculture shall use the
authority provided under section 808 of title 5, United States
Code.
(d) Use of Commodity Credit Corporation; Limitation.--In
implementing sections 9001 and 9002, the Secretary of
Agriculture may use the facilities, services, and authorities
of the Commodity Credit Corporation. The Corporation shall not
make any expenditures to carry out sections 9001 and 9002
unless funds have been specifically appropriated for such
purpose.
SEC. 9006. MILK INCOME LOSS CONTRACT PROGRAM.
(a) Section 1502(c)(3) of the Farm Security and Rural
Investment Act of 2002 (7 U.S.C. 7982(c)(3)) is amended--
(1) in subparagraph (A), by adding ``and'' at the
end;
(2) in subparagraph (B), by striking ``August'' and
all that follows through the end and inserting
``September 30, 2007, 34 percent.''; and
(3) by striking subparagraph (C).
(b) Section 10002 of this Act shall not apply to this section
except with respect to fiscal years 2007 and 2008.
SEC. 9007. DAIRY ASSISTANCE.
There is hereby appropriated $16,000,000 to make payments to
dairy producers for dairy production losses in disaster
counties, as defined in section 9002 of this title, to remain
available until expended.
SEC. 9008. NONINSURED CROP ASSISTANCE PROGRAM.
For states in which there is a shortage of claims adjustors,
as determined by the Secretary, the Secretary shall permit the
use of one claims adjustor certified by the Secretary in
carrying out 7 CFR 1437.401.
SEC. 9009. EMERGENCY GRANTS TO ASSIST LOW-INCOME MIGRANT AND SEASONAL
FARMWORKERS.
There is hereby appropriated $16,000,000 to carry out section
2281 of the Food, Agriculture, Conservation and Trade Act of
1990 (42 U.S.C. 5177a), to remain available until expended.
SEC. 9010. CONSERVATION SECURITY PROGRAM.
Section 20115 of Public Law 110-5 is amended by striking
``section 726'' and inserting in lieu thereof ``section 726;
section 741''.
SEC. 9011. ADMINISTRATIVE EXPENSES.
There is hereby appropriated $22,000,000 for the ``Farm
Service Agency, Salaries and Expenses'', to remain available
until September 30, 2008.
SEC. 9012. CONTRACT WAIVER.
In carrying out crop disaster and livestock assistance in
this title, the Secretary shall require forage producers to
have participated in a crop insurance pilot program or the Non-
Insured Crop Disaster Assistance Program during the crop year
for which compensation is received.
TITLE X--GENERAL PROVISIONS
Sec. 10001. No part of any appropriation contained in this
Act shall remain available for obligation beyond the current
fiscal year unless expressly so provided herein.
Sec. 10002. Amounts in this Act (other than in titles VI and
VIII) are designated as emergency requirements and necessary to
meet emergency needs pursuant to subsections (a) and (b) of
section 204 of S. Con. Res. 21 (110th Congress), the concurrent
resolution on the budget for fiscal year 2008.
Amend the title so as to read: ``An Act making supplemental
appropriations for the fiscal year ending September 30, 2007,
and for other purposes.''.
TEXT OF THE HOUSE AMENDMENT NO. 2 TO THE SENATE AMENDMENT TO H.R. 2206
MADE IN ORDER UNDER THE RULE
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.
Federal Prison System
SALARIES AND EXPENSES
For an additional amount for ``Salaries and Expenses'',
$17,000,000, to remain available until September 30, 2008.
GENERAL PROVISIONS--THIS CHAPTER
Sec. 1201. Funds provided in this Act for the ``Department of
Justice, United States Marshals Service, Salaries and
Expenses'' shall be made available according to the language
relating to such account in the joint explanatory statement
accompanying the conference report on H.R. 1591 of the 110th
Congress (H. Rept. 110-107).
Sec. 1202. Funds provided in this Act for the ``Department of
Justice, Legal Activities, Salaries and Expenses, General Legal
Activities'', shall be made available according to the language
relating to such account in the joint explanatory statement
accompanying the conference report on H.R. 1591 of the 110th
Congress (H. Rept. 110-107).
CHAPTER 3
DEPARTMENT OF DEFENSE--MILITARY
MILITARY PERSONNEL
Military Personnel, Army
For an additional amount for ``Military Personnel, Army'',
$8,510,270,000.
Military Personnel, Navy
For an additional amount for ``Military Personnel, Navy'',
$692,127,000.
Military Personnel, Marine Corps
For an additional amount for ``Military Personnel, Marine
Corps'', $1,386,871,000.
Military Personnel, Air Force
For an additional amount for ``Military Personnel, Air
Force'', $1,079,287,000.
Reserve Personnel, Army
For an additional amount for ``Reserve Personnel, Army'',
$147,244,000.
Reserve Personnel, Navy
For an additional amount for ``Reserve Personnel, Navy'',
$77,800,000.
Reserve Personnel, Air Force
For an additional amount for ``Reserve Personnel, Air
Force'', $5,500,000.
National Guard Personnel, Army
For an additional amount for ``National Guard Personnel,
Army'', $436,025,000.
National Guard Personnel, Air Force
For an additional amount for ``National Guard Personnel, Air
Force'', $24,500,000.
OPERATION AND MAINTENANCE
Operation and Maintenance, Army
For an additional amount for ``Operation and Maintenance,
Army'', $20,373,379,000.
Operation and Maintenance, Navy
(INCLUDING TRANSFER OF FUNDS)
For an additional amount for ``Operation and Maintenance,
Navy'', $4,652,670,000, of which up to $120,293,000 shall be
transferred to Coast Guard, ``Operating Expenses'', for
reimbursement for activities which support activities requested
by the Navy.
Operation and Maintenance, Marine Corps
For an additional amount for ``Operation and Maintenance,
Marine Corps'', $1,146,594,000.
Operation and Maintenance, Air Force
For an additional amount for ``Operation and Maintenance, Air
Force'', $6,650,881,000.
Operation and Maintenance, Defense-Wide
For an additional amount for ``Operation and Maintenance,
Defense-Wide'', $2,714,487,000, of which--
(1) not to exceed $25,000,000 may be used for the
Combatant Commander Initiative Fund, to be used in
support of Operation Iraqi Freedom and Operation
Enduring Freedom; and
(2) not to exceed $200,000,000, to remain available
until expended, may be used for payments to reimburse
Pakistan, Jordan, and other key cooperating nations,
for logistical, military, and other support provided to
United States military operations, notwithstanding any
other provision of law: Provided, That such payments
may be made in such amounts as the Secretary of
Defense, with the concurrence of the Secretary of
State, and in consultation with the Director of the
Office of Management and Budget, may determine, in his
discretion, based on documentation determined by the
Secretary of Defense to adequately account for the
support provided, and such determination is final and
conclusive upon the accounting officers of the United
States, and 15 days following notification to the
appropriate congressional committees: Provided further,
That the Secretary of Defense shall provide quarterly
reports to the congressional defense committees on the
use of funds provided in this paragraph.
Operation and Maintenance, Army Reserve
For an additional amount for ``Operation and Maintenance,
Army Reserve'', $74,049,000.
Operation and Maintenance, Navy Reserve
For an additional amount for ``Operation and Maintenance,
Navy Reserve'', $111,066,000.
Operation and Maintenance, Marine Corps Reserve
For an additional amount for ``Operation and Maintenance,
Marine Corps Reserve'', $13,591,000.
Operation and Maintenance, Air Force Reserve
For an additional amount for ``Operation and Maintenance, Air
Force Reserve'', $10,160,000.
Operation and Maintenance, Army National Guard
For an additional amount for ``Operation and Maintenance,
Army National Guard'', $83,569,000.
Operation and Maintenance, Air National Guard
For an additional amount for ``Operation and Maintenance, Air
National Guard'', $38,429,000.
Afghanistan Security Forces Fund
For an additional amount for ``Afghanistan Security Forces
Fund'', $5,906,400,000, to remain available until September 30,
2008.
Iraq Security Forces Fund
For an additional amount for ``Iraq Security Forces Fund'',
$3,842,300,000, to remain available until September 30, 2008.
Iraq Freedom Fund
(INCLUDING TRANSFER OF FUNDS)
For an additional amount for ``Iraq Freedom Fund'',
$355,600,000, to remain available for transfer until September
30, 2008: Provided, That up to $50,000,000 may be obligated and
expended for purposes of the Task Force to Improve Business and
Stability Operations in Iraq.
Joint Improvised Explosive Device Defeat Fund
For an additional amount for ``Joint Improvised Explosive
Device Defeat Fund'', $2,432,800,000, to remain available until
September 30, 2009.
PROCUREMENT
Aircraft Procurement, Army
For an additional amount for ``Aircraft Procurement, Army'',
$619,750,000, to remain available until September 30, 2009.
Missile Procurement, Army
For an additional amount for ``Missile Procurement, Army'',
$111,473,000, to remain available until September 30, 2009.
Procurement of Weapons and Tracked Combat Vehicles, Army
For an additional amount for ``Procurement of Weapons and
Tracked Combat Vehicles, Army'', $3,404,315,000, to remain
available until September 30, 2009.
Procurement of Ammunition, Army
For an additional amount for ``Procurement of Ammunition,
Army'', $681,500,000, to remain available until September 30,
2009.
Other Procurement, Army
For an additional amount for ``Other Procurement, Army'',
$9,859,137,000, to remain available until September 30, 2009.
Aircraft Procurement, Navy
For an additional amount for ``Aircraft Procurement, Navy'',
$1,090,287,000, to remain available until September 30, 2009.
Weapons Procurement, Navy
For an additional amount for ``Weapons Procurement, Navy'',
$163,813,000, to remain available until September 30, 2009.
Procurement of Ammunition, Navy and Marine Corps
For an additional amount for ``Procurement of Ammunition,
Navy and Marine Corps'', $159,833,000, to remain available
until September 30, 2009.
Other Procurement, Navy
For an additional amount for ``Other Procurement, Navy'',
$618,709,000, to remain available until September 30, 2009.
Procurement, Marine Corps
For an additional amount for ``Procurement, Marine Corps'',
$989,389,000, to remain available until September 30, 2009.
Aircraft Procurement, Air Force
For an additional amount for ``Aircraft Procurement, Air
Force'', $2,106,468,000, to remain available until September
30, 2009.
Missile Procurement, Air Force
For an additional amount for ``Missile Procurement, Air
Force'', $94,900,000, to remain available until September 30,
2009.
Procurement of Ammunition, Air Force
For an additional amount for ``Procurement of Ammunition, Air
Force'', $6,000,000, to remain available until September 30,
2009.
Other Procurement, Air Force
For an additional amount for ``Other Procurement, Air
Force'', $1,957,160,000, to remain available until September
30, 2009.
Procurement, Defense-Wide
For an additional amount for ``Procurement, Defense-Wide'',
$721,190,000, to remain available until September 30, 2009.
RESEARCH, DEVELOPMENT, TEST AND EVALUATION
Research, Development, Test and Evaluation, Army
For an additional amount for ``Research, Development, Test
and Evaluation, Army'', $100,006,000, to remain available until
September 30, 2008.
Research, Development, Test and Evaluation, Navy
For an additional amount for ``Research, Development, Test
and Evaluation, Navy'', $298,722,000, to remain available until
September 30, 2008.
Research, Development, Test and Evaluation, Air Force
For an additional amount for ``Research, Development, Test
and Evaluation, Air Force'', $187,176,000, to remain available
until September 30, 2008.
Research, Development, Test and Evaluation, Defense-Wide
For an additional amount for ``Research, Development, Test
and Evaluation, Defense-Wide'', $512,804,000, to remain
available until September 30, 2008.
REVOLVING AND MANAGEMENT FUNDS
Defense Working Capital Funds
For an additional amount for ``Defense Working Capital
Funds'', $1,115,526,000.
National Defense Sealift Fund
For an additional amount for ``National Defense Sealift
Fund'', $5,000,000.
OTHER DEPARTMENT OF DEFENSE PROGRAMS
Defense Health Program
For an additional amount for ``Defense Health Program'',
$1,123,147,000.
Drug Interdiction and Counter-Drug Activities, Defense
For an additional amount for ``Drug Interdiction and Counter-
Drug Activities, Defense'', $254,665,000, to remain available
until expended.
RELATED AGENCIES
Intelligence Community Management Account
For an additional amount for ``Intelligence Community
Management Account'', $71,726,000.
GENERAL PROVISIONS--THIS CHAPTER
Sec. 1301. Appropriations provided in this Act are available
for obligation until September 30, 2007, unless otherwise
provided herein.
(TRANSFER OF FUNDS)
Sec. 1302. Upon his determination that such action is
necessary in the national interest, the Secretary of Defense
may transfer between appropriations up to $3,500,000,000 of the
funds made available to the Department of Defense (except for
military construction) in this Act: Provided, That the
Secretary shall notify the Congress promptly of each transfer
made pursuant to the authority in this section: Provided
further, That the authority provided in this section is in
addition to any other transfer authority available to the
Department of Defense and is subject to the same terms and
conditions as the authority provided in section 8005 of the
Department of Defense Appropriations Act, 2007 (Public Law 109-
289; 120 Stat. 1257), except for the fourth proviso: Provided
further, That funds previously transferred to the ``Joint
Improvised Explosive Device Defeat Fund'' and the ``Iraq
Security Forces Fund'' under the authority of section 8005 of
Public Law 109-289 and transferred back to their source
appropriations accounts shall not be taken into account for
purposes of the limitation on the amount of funds that may be
transferred under section 8005.
Sec. 1303. Funds appropriated in this Act, or made available
by the transfer of funds in or pursuant to this Act, for
intelligence activities are deemed to be specifically
authorized by the Congress for purposes of section 504(a)(1) of
the National Security Act of 1947 (50 U.S.C. 414(a)(1)).
Sec. 1304. None of the funds provided in this Act may be used
to finance programs or activities denied by Congress in fiscal
years 2006 or 2007 appropriations to the Department of Defense
(except for military construction) or to initiate a procurement
or research, development, test and evaluation new start program
without prior written notification to the congressional defense
committees.
(TRANSFER OF FUNDS)
Sec. 1305. During fiscal year 2007, the Secretary of Defense
may transfer not to exceed $6,300,000 of the amounts in or
credited to the Defense Cooperation Account, pursuant to 10
U.S.C. 2608, to such appropriations or funds of the Department
of Defense as he shall determine for use consistent with the
purposes for which such funds were contributed and accepted:
Provided, That such amounts shall be available for the same
time period as the appropriation to which transferred: Provided
further, That the Secretary shall report to the Congress all
transfers made pursuant to this authority.
Sec. 1306. (a) Authority to Provide Support.--Of the amount
appropriated by this Act under the heading, ``Drug Interdiction
and Counter-Drug Activities, Defense'', not to exceed
$60,000,000 may be used for support for counter-drug activities
of the Governments of Afghanistan and Pakistan: Provided, That
such support shall be in addition to support provided for the
counter-drug activities of such Governments under any other
provision of the law.
(b) Types of Support.--
(1) Except as specified in subsection (b)(2) of this
section, the support that may be provided under the
authority in this section shall be limited to the types
of support specified in section 1033(c)(1) of the
National Defense Authorization Act for Fiscal Year 1998
(Public Law 105-85, as amended by Public Laws 106-398,
108-136, and 109-364) and conditions on the provision
of support as contained in section 1033 shall apply for
fiscal year 2007.
(2) The Secretary of Defense may transfer vehicles,
aircraft, and detection, interception, monitoring and
testing equipment to said Governments for counter-drug
activities.
Sec. 1307. (a) From funds made available for operation and
maintenance in this Act to the Department of Defense, not to
exceed $456,400,000 may be used, notwithstanding any other
provision of law, to fund the Commanders' Emergency Response
Program, for the purpose of enabling military commanders in
Iraq and Afghanistan to respond to urgent humanitarian relief
and reconstruction requirements within their areas of
responsibility by carrying out programs that will immediately
assist the Iraqi and Afghan people.
(b) Quarterly Reports.--Not later than 15 days after the end
of each fiscal year quarter, the Secretary of Defense shall
submit to the congressional defense committees a report
regarding the source of funds and the allocation and use of
funds during that quarter that were made available pursuant to
the authority provided in this section or under any other
provision of law for the purposes of the programs under
subsection (a).
Sec. 1308. Section 9010 of division A of Public Law 109-289
is amended by striking ``2007'' each place it appears and
inserting ``2008''.
Sec. 1309. During fiscal year 2007, supervision and
administration costs associated with projects carried out with
funds appropriated to ``Afghanistan Security Forces Fund'' or
``Iraq Security Forces Fund'' in this Act may be obligated at
the time a construction contract is awarded: Provided, That for
the purpose of this section, supervision and administration
costs include all in-house Government costs.
Sec. 1310. Section 1005(c)(2) of the National Defense
Authorization Act, Fiscal Year 2007 (Public Law 109-364) is
amended by striking ``$310,277,000'' and inserting
``$376,446,000''.
Sec. 1311. Section 9007 of Public Law 109-289 is amended by
striking ``20'' and inserting ``287''.
Sec. 1312. From funds made available for the ``Iraq Security
Forces Fund'' for fiscal year 2007, up to $155,500,000 may be
used, notwithstanding any other provision of law, to provide
assistance, with the concurrence of the Secretary of State, to
the Government of Iraq to support the disarmament,
demobilization, and reintegration of militias and illegal armed
groups.
(TRANSFER OF FUNDS)
Sec. 1313. Notwithstanding any other provision of law, not to
exceed $110,000,000 may be transferred to the ``Economic
Support Fund'', Department of State, for use in programs in
Pakistan from amounts appropriated by this Act as follows:
``Military Personnel, Army'', $70,000,000.
``National Guard Personnel, Army'', $13,183,000.
``Defense Health Program'', $26,817,000.
Sec. 1314. (a) Findings Regarding Progress in Iraq, the
Establishment of Benchmarks to Measure That Progress, and
Reports to Congress.--Congress makes the following findings:
(1) Over 145,000 American military personnel are
currently serving in Iraq, like thousands of others
since March 2003, with the bravery and professionalism
consistent with the finest traditions of the United
States Armed Forces, and are deserving of the strong
support of all Americans.
(2) Many American service personnel have lost their
lives, and many more have been wounded in Iraq; the
American people will always honor their sacrifice and
honor their families.
(3) The United States Army and Marine Corps,
including their Reserve components and National Guard
organizations, together with components of the other
branches of the military, are performing their missions
while under enormous strain from multiple, extended
deployments to Iraq and Afghanistan. These deployments,
and those that will follow, will have a lasting impact
on future recruiting, retention, and readiness of our
Nation's all volunteer force.
(4) Iraq is experiencing a deteriorating problem of
sectarian and intrasectarian violence based upon
political distrust and cultural differences among
factions of the Sunni and Shia populations.
(5) Iraqis must reach political and economic
settlements in order to achieve reconciliation, for
there is no military solution. The failure of the
Iraqis to reach such settlements to support a truly
unified government greatly contributes to the
increasing violence in Iraq.
(6) The responsibility for Iraq's internal security
and halting sectarian violence rests with the sovereign
Government of Iraq.
(7) In December 2006, the bipartisan Iraq Study Group
issued a valuable report, suggesting a comprehensive
strategy that includes new and enhanced diplomatic and
political efforts in Iraq and the region, and a change
in the primary mission of U.S. forces in Iraq, that
will enable the United States to begin to move its
combat forces out of Iraq responsibly.
(8) The President said on January 10, 2007, that
``I've made it clear to the Prime Minister and Iraq's
other leaders that America's commitment is not open-
ended'' so as to dispel the contrary impression that
exists.
(9) It is essential that the sovereign Government of
Iraq set out measurable and achievable benchmarks and
President Bush said, on January 10, 2007, that
``America will change our approach to help the Iraqi
government as it works to meet these benchmarks''.
(10) As reported by Secretary of State Rice, Iraq's
Policy Committee on National Security agreed upon a set
of political, security, and economic benchmarks and an
associated timeline in September 2006 that were (A)
reaffirmed by Iraq's Presidency Council on October 6,
2006; (B) referenced by the Iraq Study Group; and (C)
posted on the President of Iraq's Web site.
(11) On April 21, 2007, Secretary of Defense Robert
Gates stated that ``our [American] commitment to Iraq
is long-term, but it is not a commitment to have our
young men and women patrolling Iraq's streets open-
endedly'' and that ``progress in reconciliation will be
an important element of our evaluation''.
(12) The President's January 10, 2007 address had
three components: political, military, and economic.
Given that significant time has passed since his
statement, and recognizing the overall situation is
ever changing, Congress must have timely reports to
evaluate and execute its constitutional oversight
responsibilities.
(b) Conditioning of Future United States Strategy in Iraq on
the Iraqi Government's Record of Performance on Its
Benchmarks.--
(1) In general.--
(A) The United States strategy in Iraq,
hereafter, shall be conditioned on the Iraqi
government meeting benchmarks, as told to
members of Congress by the President, the
Secretary of State, the Secretary of Defense,
and the Chairman of the Joint Chiefs of Staff,
and reflected in the Iraqi Government's
commitments to the United States, and to the
international community, including:
(i) Forming a Constitutional Review
Committee and then completing the
constitutional review.
(ii) Enacting and implementing
legislation on de-Baathification.
(iii) Enacting and implementing
legislation to ensure the equitable
distribution of hydrocarbon resources
of the people of Iraq without regard to
the sect or ethnicity of recipients,
and enacting and implementing
legislation to ensure that the energy
resources of Iraq benefit Sunni Arabs,
Shia Arabs, Kurds, and other Iraqi
citizens in an equitable manner.
(iv) Enacting and implementing
legislation on procedures to form semi-
autonomous regions.
(v) Enacting and implementing
legislation establishing an Independent
High Electoral Commission, provincial
elections law, provincial council
authorities, and a date for provincial
elections.
(vi) Enacting and implementing
legislation addressing amnesty.
(vii) Enacting and implementing
legislation establishing a strong
militia disarmament program to ensure
that such security forces are
accountable only to the central
government and loyal to the
Constitution of Iraq.
(viii) Establishing supporting
political, media, economic, and
services committees in support of the
Baghdad Security Plan.
(ix) Providing three trained and
ready Iraqi brigades to support Baghdad
operations.
(x) Providing Iraqi commanders with
all authorities to execute this plan
and to make tactical and operational
decisions, in consultation with U.S
commanders, without political
intervention, to include the authority
to pursue all extremists, including
Sunni insurgents and Shiite militias.
(xi) Ensuring that the Iraqi Security
Forces are providing even handed
enforcement of the law.
(xii) Ensuring that, according to
President Bush, Prime Minister Maliki
said ``the Baghdad security plan will
not provide a safe haven for any
outlaws, regardless of [their]
sectarian or political affiliation''.
(xiii) Reducing the level of
sectarian violence in Iraq and
eliminating militia control of local
security.
(xiv) Establishing all of the planned
joint security stations in
neighborhoods across Baghdad.
(xv) Increasing the number of Iraqi
security forces units capable of
operating independently.
(xvi) Ensuring that the rights of
minority political parties in the Iraqi
legislature are protected.
(xvii) Allocating and spending $10
billion in Iraqi revenues for
reconstruction projects, including
delivery of essential services, on an
equitable basis.
(xviii) Ensuring that Iraq's
political authorities are not
undermining or making false accusations
against members of the Iraqi Security
Forces.
(B) The President shall submit reports to
Congress on how the sovereign Government of
Iraq is, or is not, achieving progress towards
accomplishing the aforementioned benchmarks,
and shall advise the Congress on how that
assessment requires, or does not require,
changes to the strategy announced on January
10, 2007.
(2) Reports required.--
(A) The President shall submit an initial
report, in classified and unclassified format,
to the Congress, not later than July 15, 2007,
assessing the status of each of the specific
benchmarks established above, and declaring, in
his judgment, whether satisfactory progress
toward meeting these benchmarks is, or is not,
being achieved.
(B) The President, having consulted with the
Secretary of State, the Secretary of Defense,
the Commander, Multi-National Forces-Iraq, the
United States Ambassador to Iraq, and the
Commander of U.S. Central Command, will prepare
the report and submit the report to Congress.
(C) If the President's assessment of any of
the specific benchmarks established above is
unsatisfactory, the President shall include in
that report a description of such revisions to
the political, economic, regional, and military
components of the strategy, as announced by the
President on January 10, 2007. In addition, the
President shall include in the report, the
advisability of implementing such aspects of
the bipartisan Iraq Study Group, as he deems
appropriate.
(D) The President shall submit a second
report to the Congress, not later than
September 15, 2007, following the same
procedures and criteria outlined above.
(E) The reporting requirement detailed in
section 1227 of the National Defense
Authorization Act for Fiscal Year 2006 is
waived from the date of the enactment of this
Act through the period ending September 15,
2007.
(3) Testimony before congress.--Prior to the
submission of the President's second report on
September 15, 2007, and at a time to be agreed upon by
the leadership of the Congress and the Administration,
the United States Ambassador to Iraq and the Commander,
Multi-National Forces Iraq will be made available to
testify in open and closed sessions before the relevant
committees of the Congress.
(c) Limitations on Availability of Funds.--
(1) Limitation.--No funds appropriated or otherwise
made available for the ``Economic Support Fund'' and
available for Iraq may be obligated or expended unless
and until the President of the United States certifies
in the report outlined in subsection (b)(2)(A) and
makes a further certification in the report outlined in
subsection (b)(2)(D) that Iraq is making progress on
each of the benchmarks set forth in subsection
(b)(1)(A).
(2) Waiver authority.--The President may waive the
requirements of this section if he submits to Congress
a written certification setting forth a detailed
justification for the waiver, which shall include a
detailed report describing the actions being taken by
the United States to bring the Iraqi government into
compliance with the benchmarks set forth in subsection
(b)(1)(A). The certification shall be submitted in
unclassified form, but may include a classified annex.
(d) Redeployment of U.S. Forces From Iraq.--The President of
the United States, in respecting the sovereign rights of the
nation of Iraq, shall direct the orderly redeployment of
elements of U.S. forces from Iraq, if the components of the
Iraqi government, acting in strict accordance with their
respective powers given by the Iraqi Constitution, reach a
consensus as recited in a resolution, directing a redeployment
of U.S. forces.
(e) Independent Assessments.--
(1) Assessment by the comptroller general.--
(A) Not later than September 1, 2007, the
Comptroller General of the United States shall
submit to Congress an independent report
setting forth--
(i) the status of the achievement of
the benchmarks specified in subsection
(b)(1)(A); and
(ii) the Comptroller General's
assessment of whether or not each such
benchmark has been met.
(2) Assessment of the capabilities of iraqi security
forces.--
(A) In general.--There is hereby authorized
to be appropriated for the Department of
Defense, $750,000, that the Department, in
turn, will commission an independent, private
sector entity, which operates as a 501(c)(3),
with recognized credentials and expertise in
military affairs, to prepare an independent
report assessing the following:
(i) The readiness of the Iraqi
Security Forces (ISF) to assume
responsibility for maintaining the
territorial integrity of Iraq, denying
international terrorists a safe haven,
and bringing greater security to Iraq's
18 provinces in the next 12 to 18
months, and bringing an end to
sectarian violence to achieve national
reconciliation.
(ii) The training, equipping,
command, control and intelligence
capabilities, and logistics capacity of
the ISF.
(iii) The likelihood that, given the
ISF's record of preparedness to date,
following years of training and
equipping by U.S. forces, the continued
support of U.S. troops will contribute
to the readiness of the ISF to fulfill
the missions outlined in clause (i).
(B) Report.--Not later than 120 days after
the enactment of this Act, the designated
private sector entity shall provide an
unclassified report, with a classified annex,
containing its findings, to the House and
Senate Committees on Armed Services,
Appropriations, Foreign Relations/International
Relations, and Intelligence.
CHAPTER 4
DEPARTMENT OF ENERGY
ATOMIC ENERGY DEFENSE ACTIVITIES
National Nuclear Security Administration
DEFENSE NUCLEAR NONPROLIFERATION
For an additional amount for ``Defense Nuclear
Nonproliferation'', $63,000,000, to remain available until
expended.
CHAPTER 5
DEPARTMENT OF DEFENSE
Military Construction, Army
For an additional amount for ``Military Construction, Army'',
$1,255,890,000, to remain available until September 30, 2008:
Provided, That notwithstanding any other provision of law, such
funds may be obligated and expended to carry out planning and
design and military construction projects not otherwise
authorized by law: Provided further, That of the funds provided
under this heading, not to exceed $173,700,000 shall be
available for study, planning, design, and architect and
engineer services: Provided further, That of the funds made
available under this heading, $369,690,000 shall not be
obligated or expended until the Secretary of Defense submits a
detailed report explaining how military road construction is
coordinated with NATO and coalition nations: Provided further,
That of the funds made available under this heading,
$401,700,000 shall not be obligated or expended until the
Secretary of Defense submits a detailed stationing plan to
support Army end-strength growth to the Committees on
Appropriations of the House of Representatives and the Senate:
Provided further, That of the funds provided under this
heading, $274,800,000 shall not be obligated or expended until
the Secretary of Defense certifies that none of the funds are
to be used for the purpose of providing facilities for the
permanent basing of United States military personnel in Iraq.
Military Construction, Navy and Marine Corps
For an additional amount for ``Military Construction, Navy
and Marine Corps'', $370,990,000, to remain available until
September 30, 2008: Provided, That notwithstanding any other
provision of law, such funds may be obligated and expended to
carry out planning and design and military construction
projects not otherwise authorized by law: Provided further,
That of the funds provided under this heading, not to exceed
$49,600,000 shall be available for study, planning, design, and
architect and engineer services: Provided further, That of the
funds made available under this heading, $324,270,000 shall not
be obligated or expended until the Secretary of Defense submits
a detailed stationing plan to support Marine Corps end-strength
growth to the Committees on Appropriations of the House of
Representatives and the Senate.
Military Construction, Air Force
For an additional amount for ``Military Construction, Air
Force'', $43,300,000, to remain available until September 30,
2008: Provided, That notwithstanding any other provision of
law, such funds may be obligated and expended to carry out
planning and design and military construction projects not
otherwise authorized by law: Provided further, That of the
funds provided under this heading, not to exceed $3,000,000
shall be available for study, planning, design, and architect
and engineer services.
GENERAL PROVISION--THIS CHAPTER
Sec. 1501. (a) Funds provided in this Act for the following
accounts shall be made available for programs under the
conditions contained in the language of the joint explanatory
statement of managers accompanying the conference report on
H.R. 1591 of the 110th Congress (H. Rept. 110-107):
``Military Construction, Army''.
``Military Construction, Navy and Marine Corps''.
``Military Construction, Air Force''.
(b) The Secretary of Defense shall submit all reports
requested in House Report 110-60 and Senate Report 110-37 to
the Committees on Appropriations of both Houses of Congress.
CHAPTER 6
DEPARTMENT OF STATE AND RELATED AGENCY
DEPARTMENT OF STATE
Administration of Foreign Affairs
DIPLOMATIC AND CONSULAR PROGRAMS
(INCLUDING TRANSFER OF FUNDS)
For an additional amount for ``Diplomatic and Consular
Programs'', $836,555,000, to remain available until September
30, 2008, of which $64,655,000 for World Wide Security Upgrades
is available until expended: Provided, That of the funds
appropriated under this heading, not more than $20,000,000
shall be made available for public diplomacy programs: Provided
further, That prior to the obligation of funds pursuant to the
previous proviso, the Secretary of State shall submit a report
to the Committees on Appropriations describing a comprehensive
public diplomacy strategy, with goals and expected results, for
fiscal years 2007 and 2008: Provided further, That 20 percent
of the amount available for Iraq operations shall not be
obligated until the Committees on Appropriations receive and
approve a detailed plan for expenditure, prepared by the
Secretary of State, and submitted within 60 days after the date
of enactment of this Act: Provided further, That of the amount
made available under this heading for Iraq, not to exceed
$20,000,000 may be transferred to, and merged with, funds in
the ``Emergencies in the Diplomatic and Consular Service''
appropriations account, to be available only for terrorism
rewards.
OFFICE OF THE INSPECTOR GENERAL
(INCLUDING TRANSFER OF FUNDS)
For an additional amount for ``Office of Inspector General'',
$35,000,000, to remain available until December 31, 2008:
Provided, That such amount shall be transferred to the Special
Inspector General for Iraq Reconstruction for reconstruction
oversight.
EDUCATIONAL AND CULTURAL EXCHANGE PROGRAMS
For an additional amount for ``Educational and Cultural
Exchange Programs'', $20,000,000, to remain available until
expended.
International Organizations
CONTRIBUTIONS FOR INTERNATIONAL PEACEKEEPING ACTIVITIES
For an additional amount for ``Contributions for
International Peacekeeping Activities'', $283,000,000, to
remain available until September 30, 2008.
RELATED AGENCY
Broadcasting Board of Governors
INTERNATIONAL BROADCASTING OPERATIONS
For an additional amount for ``International Broadcasting
Operations'' for activities related to broadcasting to the
Middle East, $10,000,000, to remain available until September
30, 2008.
BILATERAL ECONOMIC ASSISTANCE
Funds Appropriated to the President
UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT
CHILD SURVIVAL AND HEALTH PROGRAMS FUND
(INCLUDING TRANSFER OF FUNDS)
For an additional amount for ``Child Survival and Health
Programs Fund'', $161,000,000, to remain available until
September 30, 2008: Provided, That notwithstanding any other
provision of law, if the President determines and reports to
the Committees on Appropriations that the human-to-human
transmission of the avian influenza virus is efficient and
sustained, and is spreading internationally, funds made
available under the heading ``Millennium Challenge
Corporation'' and ``Global HIV/AIDS Initiative'' in prior Acts
making appropriations for foreign operations, export financing,
and related programs may be transferred to, and merged with,
funds made available under this heading to combat avian
influenza: Provided further, That funds made available pursuant
to the authority of the previous proviso shall be subject to
the regular notification procedures of the Committees on
Appropriations.
INTERNATIONAL DISASTER AND FAMINE ASSISTANCE
For an additional amount for ``International Disaster and
Famine Assistance'', $105,000,000, to remain available until
expended.
OPERATING EXPENSES OF THE UNITED STATES AGENCY FOR INTERNATIONAL
DEVELOPMENT
For an additional amount for ``Operating Expenses of the
United States Agency for International Development'',
$5,700,000, to remain available until September 30, 2008.
Other Bilateral Economic Assistance
ECONOMIC SUPPORT FUND
For an additional amount for ``Economic Support Fund'',
$2,502,000,000, to remain available until September 30, 2008:
Provided, That of the funds appropriated under this heading,
$57,400,000 shall be made available to nongovernmental
organizations in Iraq for economic and social development
programs and activities in areas of conflict: Provided further,
That the responsibility for policy decisions and justifications
for the use of funds appropriated by the previous proviso shall
be the responsibility of the United States Chief of Mission in
Iraq: Provided further, That none of the funds appropriated
under this heading in this Act or in prior Acts making
appropriations for foreign operations, export financing, and
related programs may be made available for the Political
Participation Fund and the National Institutions Fund: Provided
further, That of the funds made available under the heading
``Economic Support Fund'' in Public Law 109-234 for Iraq to
promote democracy, rule of law and reconciliation, $2,000,000
should be made available for the United States Institute of
Peace for programs and activities in Afghanistan to remain
available until September 30, 2008.
ASSISTANCE FOR EASTERN EUROPE AND THE BALTIC STATES
For an additional amount for ``Assistance for Eastern Europe
and the Baltic States'', $214,000,000, to remain available
until September 30, 2008, for assistance for Kosovo.
Department of State
DEMOCRACY FUND
For an additional amount for ``Democracy Fund'',
$255,000,000, to remain available until September 30, 2008:
Provided, That of the funds appropriated under this heading,
not less than $190,000,000 shall be made available for the
Human Rights and Democracy Fund of the Bureau of Democracy,
Human Rights, and Labor, Department of State, and not less than
$60,000,000 shall be made available for the United States
Agency for International Development, for democracy, human
rights and rule of law programs in Iraq: Provided further, That
not later than 60 days after enactment of this Act, the
Secretary of State shall submit a report to the Committees on
Appropriations describing a comprehensive, long-term strategy,
with goals and expected results, for strengthening and
advancing democracy in Iraq.
INTERNATIONAL NARCOTICS CONTROL AND LAW ENFORCEMENT
For an additional amount for ``International Narcotics
Control and Law Enforcement'', $210,000,000, to remain
available until September 30, 2008.
MIGRATION AND REFUGEE ASSISTANCE
For an additional amount for ``Migration and Refugee
Assistance'', $71,500,000, to remain available until September
30, 2008, of which not less than $5,000,000 shall be made
available to rescue Iraqi scholars.
UNITED STATES EMERGENCY REFUGEE AND MIGRATION ASSISTANCE FUND
For an additional amount for ``United States Emergency
Refugee and Migration Assistance Fund'', $30,000,000, to remain
available until expended.
NONPROLIFERATION, ANTI-TERRORISM, DEMINING AND RELATED PROGRAMS
For an additional amount for ``Nonproliferation, Anti-
Terrorism, Demining and Related Programs'', $27,500,000, to
remain available until September 30, 2008.
Department of the Treasury
INTERNATIONAL AFFAIRS TECHNICAL ASSISTANCE
For an additional amount for ``International Affairs
Technical Assistance'', $2,750,000, to remain available until
September 30, 2008.
MILITARY ASSISTANCE
Funds Appropriated to the President
FOREIGN MILITARY FINANCING PROGRAM
For an additional amount for ``Foreign Military Financing
Program'', $220,000,000, to remain available until September
30, 2008.
PEACEKEEPING OPERATIONS
For an additional amount for ``Peacekeeping Operations'',
$190,000,000, to remain available until September 30, 2008:
Provided, That not later than 30 days after enactment of this
Act and every 30 days thereafter until September 30, 2008, the
Secretary of State shall submit a report to the Committees on
Appropriations detailing the obligation and expenditure of
funds made available under this heading in this Act and in
prior Acts making appropriations for foreign operations, export
financing, and related programs.
GENERAL PROVISION--THIS CHAPTER
AUTHORIZATION OF FUNDS
Sec. 1601. Funds appropriated by this Act may be obligated
and expended notwithstanding section 10 of Public Law 91-672
(22 U.S.C. 2412), section 15 of the State Department Basic
Authorities Act of 1956 (22 U.S.C. 2680), section 313 of the
Foreign Relations Authorization Act, Fiscal Years 1994 and 1995
(22 U.S.C. 6212), and section 504(a)(1) of the National
Security Act of 1947 (50 U.S.C. 414(a)(1)).
TITLE II--HURRICANE KATRINA RECOVERY
DEPARTMENT OF HOMELAND SECURITY
Federal Emergency Management Agency
DISASTER RELIEF
For an additional amount for ``Disaster Relief'',
$3,400,000,000, to remain available until expended.
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.
Amend the title so as to read (if not already so amended by
House amendment 1): ``An Act making supplemental appropriations
for the fiscal year ending September 30, 2007, and for other
purposes.''.