[110th Congress Public Law 28]
[From the U.S. Government Printing Office]
[DOCID: f:publ028.110]
[[Page 111]]
U.S. TROOP READINESS, VETERANS'
CARE, KATRINA RECOVERY, AND IRAQ ACCOUNTABILITY APPROPRIATIONS ACT, 2007
[[Page 121 STAT. 112]]
Public Law 110-28
110th Congress
An Act
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. <<NOTE: May 25, 2007 - [H.R. 2206]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress <<NOTE: U.S.
Troop Readiness, Veterans' Care, Katrina Recovery, and
Iraq Accountability Appropriations Act, 2007.>> assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``U.S. Troop Readiness, Veterans' Care,
Katrina Recovery, and Iraq Accountability Appropriations Act, 2007''.
SEC. 2. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
TITLE I--SUPPLEMENTAL APPROPRIATIONS FOR DEFENSE, INTERNATIONAL AFFAIRS,
AND OTHER SECURITY-RELATED NEEDS
TITLE II--HURRICANE KATRINA RECOVERY
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.
[[Page 121 STAT. 113]]
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.
[[Page 121 STAT. 114]]
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.
[[Page 121 STAT. 115]]
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--
[[Page 121 STAT. 116]]
(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 <<NOTE: Notification. Deadline.>> 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 <<NOTE: Reports. Deadline.>>
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.
[[Page 121 STAT. 117]]
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.
[[Page 121 STAT. 118]]
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.
[[Page 121 STAT. 119]]
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 <<NOTE: Notification.>> 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
[[Page 121 STAT. 120]]
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 <<NOTE: Reports.>> 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 <<NOTE: Applicability.>> 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
[[Page 121 STAT. 121]]
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 <<NOTE: 120 Stat. 1307.>> 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) <<NOTE: 120 Stat. 2372.>> is
amended by striking ``$310,277,000'' and inserting ``$376,446,000''.
Sec. 1311. Section 9007 of Public Law 109-289 <<NOTE: 120 Stat.
1306.>> 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,
[[Page 121 STAT. 122]]
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.--
[[Page 121 STAT. 123]]
(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.
[[Page 121 STAT. 124]]
(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 <<NOTE: President.>> 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.-- <<NOTE: President.>>
(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 <<NOTE: Waiver.>> 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) <<NOTE: President. Certification.>> 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).
[[Page 121 STAT. 125]]
(2) Waiver authority.--The <<NOTE: Certification.>>
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) <<NOTE: President.>> 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.
[[Page 121 STAT. 126]]
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, <<NOTE: Reports.>>
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, <<NOTE: Stationing
plan.>> 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, <<NOTE: Certification.>> 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, <<NOTE: Stationing
plan.>> 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.
[[Page 121 STAT. 127]]
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) <<NOTE: Reports.>> 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, <<NOTE: Reports.>> 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, <<NOTE: Expenditure plan. Deadline.>> 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.
[[Page 121 STAT. 128]]
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, <<NOTE: President. Reports. Avian influenza.>> 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, <<NOTE: Notification.>> 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.
[[Page 121 STAT. 129]]
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, <<NOTE: Deadline. Reports.>>
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,
[[Page 121 STAT. 130]]
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 <<NOTE: Deadline. Reports.>> 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.
[[Page 121 STAT. 131]]
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.
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.
[[Page 121 STAT. 132]]
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.
[[Page 121 STAT. 133]]
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, <<NOTE: Deadline. Notification.>> 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, <<NOTE: Deadline.>> 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
[[Page 121 STAT. 134]]
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
[[Page 121 STAT. 135]]
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,
[[Page 121 STAT. 136]]
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. <<NOTE: Reports.>> 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 <<NOTE: Contracts.>> 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, <<NOTE: Deadline.>> 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
[[Page 121 STAT. 137]]
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. <<NOTE: 10 USC 1073 note.>> (a) Inspection of Military
Medical Treatment Facilities, Military Quarters Housing Medical Hold
Personnel, and Military Quarters Housing Medical Holdover Personnel.--
(1) <<NOTE: Deadline.>> 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).
[[Page 121 STAT. 138]]
(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. <<NOTE: Notification.>> The Secretary of Defense
shall notify Congress of any changes to this policy.
[[Page 121 STAT. 139]]
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, <<NOTE: Effective date. Reports. 6 USC 481 note.>> 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
[[Page 121 STAT. 140]]
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, <<NOTE: Expenditure plan. Deadline.>> 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, <<NOTE: Notification.>> 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, <<NOTE: Expenditure plan. Deadline.>>
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
[[Page 121 STAT. 141]]
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, <<NOTE: Deadline. Expenditure plan.>> 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 <<NOTE: Deadline. Reports.>> 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, <<NOTE: Deadline. Expenditure plan.>>
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 <<NOTE: Deadline. Reports.>> 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, <<NOTE: Assessment.>> 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.
[[Page 121 STAT. 142]]
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 further, 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, <<NOTE: Expenditure plan. Deadline.>> 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.
[[Page 121 STAT. 143]]
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, <<NOTE: Certification. Reports.>> 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. <<NOTE: Contracts.>> 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).
[[Page 121 STAT. 144]]
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, <<NOTE: Deadline. Spending plan.>>
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. <<NOTE: Deadline. Reorganization and relocation plan.>>
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
[[Page 121 STAT. 145]]
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. <<NOTE: Land transfer.>> 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.
[[Page 121 STAT. 146]]
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.
[[Page 121 STAT. 147]]
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 <<NOTE: Liberia.>> 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), <<NOTE: 5 USC app. 8G note.>> 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
[[Page 121 STAT. 148]]
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,
[[Page 121 STAT. 149]]
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. <<NOTE: Contracts.>> (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''.
[[Page 121 STAT. 150]]
``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. <<NOTE: Deadline. Reports.>> 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. <<NOTE: Reports.>> 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, <<NOTE: Notification.>> 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, <<NOTE: Notification.>> That funds made available for
[[Page 121 STAT. 151]]
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 <<NOTE: 120 Stat.
435.>> 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.''.
[[Page 121 STAT. 152]]
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
[[Page 121 STAT. 153]]
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:
[[Page 121 STAT. 154]]
Provided further, <<NOTE: Reports. Deadline.>> 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, <<NOTE: Reports. Deadline.>> 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-
[[Page 121 STAT. 155]]
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 <<NOTE: Review.>> 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.
[[Page 121 STAT. 156]]
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) <<NOTE: 119 Stat. 2061.>> 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 <<NOTE: 120 Stat. 459.>>
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) <<NOTE: 120 Stat.
460.>> 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).
[[Page 121 STAT. 157]]
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 <<NOTE: Certification.>> 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
[[Page 121 STAT. 158]]
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, <<NOTE: Criteria. Public information.>> 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, <<NOTE: Deadline.>>
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
[[Page 121 STAT. 159]]
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, <<NOTE: Deadlines. Performance plan. Notification.>> 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
[[Page 121 STAT. 160]]
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 <<NOTE: 119 Stat. 2797.>> 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. <<NOTE: State listing. Waiver authority.>> (a) In the
event that Louisiana, Mississippi, Alabama, or Texas fails to meet its
match requirement with funds appropriated in fiscal year 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
[[Page 121 STAT. 161]]
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) <<NOTE: Ante, p. 51.>> 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
[[Page 121 STAT. 162]]
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 <<NOTE: 119 Stat.
2781.>> 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
[[Page 121 STAT. 163]]
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, <<NOTE: Reports. Deadline.>> That the Chief of Engineers,
acting through the Assistant Secretary of the Army for Civil Works,
shall
[[Page 121 STAT. 164]]
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, <<NOTE: Notification.>> That
such funds shall only become available if funds previously provided for
wildland fire suppression will be exhausted imminently and the Secretary
of the Interior notifies the House and Senate Committees on
Appropriations in writing of the need for these additional funds:
Provided further, That such funds are also available for repayment to
other appropriations accounts from which funds were transferred for
wildfire suppression.
United States Fish and Wildlife Service
Resource Management
For an additional amount for ``Resource Management'' for the
detection of highly pathogenic avian influenza in wild birds, including
the investigation of morbidity and mortality events, targeted
surveillance in live wild birds, and targeted surveillance in hunter-
taken birds, $7,398,000, to remain available until September 30, 2008.
National Park Service
Operation of the National Park System
For an additional amount for ``Operation of the National Park
System'' for the detection of highly pathogenic avian influenza in
[[Page 121 STAT. 165]]
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, <<NOTE: Notification.>> 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.
[[Page 121 STAT. 166]]
(c) Titles II and III of Public Law 106-393 <<NOTE: Effective
date. 16 USC 500 and note.>> 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, <<NOTE: Reports. Deadline.>> 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
[[Page 121 STAT. 167]]
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, <<NOTE: Obligation plan.>> 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, <<NOTE: Obligation plan.>> 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
[[Page 121 STAT. 168]]
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 <<NOTE: Deadline. Expenditure
plan.>> 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, <<NOTE: Deadlines. Reports.>> 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
[[Page 121 STAT. 169]]
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. <<NOTE: Deadline. Reports.>> 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 10 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
[[Page 121 STAT. 170]]
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) <<NOTE: Reports.>> 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
[[Page 121 STAT. 171]]
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. <<NOTE: Government employees. 31 USC 501 note. Bond
payments.>> 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) <<NOTE: Effective date. 42 USC 15302 note.>> 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. <<NOTE: Government organization.>> 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
[[Page 121 STAT. 172]]
of Columbia Courts for facilities among the items and entities funded
under that heading for operations.
Sec. 6305. (a) <<NOTE: Deadline. Reports.>> 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) <<NOTE: Deadline. Contracts. Notification.>> 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) <<NOTE: Ante, p. 58.>> is amended
by adding a new subsection (j) as follows:
``(j) <<NOTE: District of Columbia. Expenditure plan. Deadline.>>
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.''.
[[Page 121 STAT. 173]]
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, <<NOTE: Deadline. Reports.>> 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. <<NOTE: Contracts.>> (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
[[Page 121 STAT. 174]]
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) <<NOTE: Certification.>> 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) <<NOTE: Certification.>> 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).
[[Page 121 STAT. 175]]
(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) <<NOTE: Expenditure plan.>> 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, <<NOTE: Deadlines. Reports.>> That the Department of
Homeland Security shall provide to the Committees on
Appropriations of the Senate and the House of Representatives by
July 20, 2007, a report on senior staffing, as detailed in
Senate Report 110-37, and the Government Accountability Office
shall report on the strengths and weakness of this report within
90 days after its submission.
[[Page 121 STAT. 176]]
Sec. 6405. <<NOTE: Contracts. 6 USC 396.>> (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) <<NOTE: Certification.>> 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 <<NOTE: Deadline.>> 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) <<NOTE: Ante, p. 27.>> 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) <<NOTE: Ante, p. 27.>> is amended by inserting after the
first dollar
[[Page 121 STAT. 177]]
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) <<NOTE: Ante, p. 26.>> 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).
[[Page 121 STAT. 178]]
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) <<NOTE: Ante, p. 29.>> 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) <<NOTE: Government employees. 31 USC 501 note.>> 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) <<NOTE: Ante, p. 30.>> 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) <<NOTE: Ante, p. 34.>> 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
[[Page 121 STAT. 179]]
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. <<NOTE: Effective date.>> (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) <<NOTE: Deadline. Motor vehicles. Safety standards.>> 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
[[Page 121 STAT. 180]]
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) <<NOTE: 26 USC 414.>> 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) <<NOTE: 29 USC 1002.>> 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
[[Page 121 STAT. 181]]
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) <<NOTE: 26 USC 414.>> 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) <<NOTE: Effective date. 26 USC 414 note.>> 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 <<NOTE: 26 USC 420.>> 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) <<NOTE: Effective date. 26 USC 420 note.>> 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) <<NOTE: Applicability. 26 USC 420 note.>> 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 <<NOTE: 26 USC 430 note.>> is amended by striking ``December 28,
2007'' and inserting ``January 1, 2008''.
(b) <<NOTE: Effective date. 26 USC 430 note.>> 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) <<NOTE: Effective date. 26 USC 430 note.>> 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.
[[Page 121 STAT. 182]]
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. <<NOTE: Establishment. 2 USC 1806.>> (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) <<NOTE: Applicability.>> 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 <<NOTE: 119 Stat. 2208.>> 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,
[[Page 121 STAT. 183]]
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. <<NOTE: Mexico. Motor carrier. 49 USC 13902 note.>> (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) <<NOTE: Reports.>> 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--
[[Page 121 STAT. 184]]
(A) <<NOTE: Reports.>> 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) <<NOTE: Federal Register, publication.>>
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) <<NOTE: Reports. Deadlines.>> 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
[[Page 121 STAT. 185]]
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) <<NOTE: Ante, p. 51.>> 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) <<NOTE: 42 USC 1437f note.>> 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.''.
[[Page 121 STAT. 186]]
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'';
[[Page 121 STAT. 187]]
(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.''.
[[Page 121 STAT. 188]]
(2) <<NOTE: 42 USC 1396b note.>> 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 <<NOTE: Fair Minimum Wage Act of 2007. 29 USC 201 note.>> 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) <<NOTE: 29 USC 206 note.>> 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) <<NOTE: 29 USC 206 note.>> 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
[[Page 121 STAT. 189]]
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; <<NOTE: 29 USC
205, 208.>> and
(B) in section 6(a), <<NOTE: 29 USC 206.>> by
striking paragraph (3) and redesignating paragraphs (4)
and (5) as paragraphs (3) and (4), respectively.
(2) <<NOTE: 29 USC 206 note.>> 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) <<NOTE: Effective date.>> 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).
[[Page 121 STAT. 190]]
Subtitle <<NOTE: Small Business and Work Opportunity Tax Act of 2007.>>
B--Small Business Tax Incentives
SEC. 8201. SHORT TITLE; AMENDMENT OF CODE; TABLE OF CONTENTS.
(a) <<NOTE: 26 USC 1 note.>> Short Title.--This subtitle may be
cited as the ``Small Business and Work Opportunity Tax Act of 2007''.
(b) <<NOTE: 26 USC 1 et seq.>> 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.
[[Page 121 STAT. 191]]
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) <<NOTE: 26 USC 51.>> (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.--
[[Page 121 STAT. 192]]
(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) <<NOTE: 26 USC 51 note.>> 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 <<NOTE: 26 USC 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''.
[[Page 121 STAT. 193]]
(d) <<NOTE: 26 USC 179 note.>> 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) <<NOTE: 26
USC 45B.>> is amended by inserting ``as in effect on January 1, 2007,
and'' before ``determined without regard to''.
(b) <<NOTE: 26 USC 45B note.>> 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) <<NOTE: 26 USC 38 note.>> 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
[[Page 121 STAT. 194]]
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 <<NOTE: 42 USC 411.>> (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) <<NOTE: 26 USC 1761 note.>> 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) <<NOTE: 26 USC 1400N.>> (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.''.
[[Page 121 STAT. 195]]
(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) <<NOTE: Applicability.>> Termination.--This
paragraph shall apply only to owner-financing provided
after the date of the enactment of this paragraph and
before January 1, 2011.''.
[[Page 121 STAT. 196]]
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) <<NOTE: Deadline.>> 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) <<NOTE: 26 USC 1362.>> 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
[[Page 121 STAT. 197]]
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) <<NOTE: 26 USC 1362 note.>> 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 <<NOTE: 26 USC 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)
[[Page 121 STAT. 198]]
from an S corporation with respect to any restricted bank director stock
(as defined in section 1361(f)), the amount of such distribu- tion--
``(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) <<NOTE: 26 USC 1361 note.>> 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) <<NOTE: 26 USC 1361 note.>> 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
[[Page 121 STAT. 199]]
assumption by such corporation of all of
its liabilities) in a transaction to
which section 351 applies.''.
(b) <<NOTE: 26 USC 1361 note.>> Effective Date.--The amendments
made by this section shall apply to taxable years beginning after
December 31, 2006.
SEC. 8235. <<NOTE: 26 USC 1361 note.>> 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 <<NOTE: 26 USC 641.>>
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) <<NOTE: 26 USC 641 note.>> 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) <<NOTE: 26 USC 1 note.>> Effective Date.--The amendment made by
this section shall apply to taxable years beginning after the date of
the enactment of this Act.
[[Page 121 STAT. 200]]
SEC. 8242. SUSPENSION OF CERTAIN PENALTIES AND INTEREST.
(a) In General.--Paragraphs (1)(A) and (3)(A) of section
6404(g) <<NOTE: 26 USC 6404.>> are each amended by striking ``18-month
period'' and inserting ``36-month period''.
(b) <<NOTE: 26 USC 6404 note.>> 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) <<NOTE: 26 USC 6330 note.>> 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) <<NOTE: 26 USC 6657 note.>> 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--
[[Page 121 STAT. 201]]
(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 <<NOTE: 26 USC 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--
[[Page 121 STAT. 202]]
(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 <<NOTE: 26 USC 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.''.
[[Page 121 STAT. 203]]
(b) Modification of Penalty for Understatement of Taxpayer's
Liability by Tax Return Preparer.--Subsections (a) and (b) of section
6694 <<NOTE: 26 USC 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) <<NOTE: 26 USC 6060 note.>> Effective Date.--The amendments
made by this section shall apply to returns prepared after the date of
the enactment of this Act.
[[Page 121 STAT. 204]]
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) <<NOTE: 26 USC 6676 note.>> 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 <<NOTE: 26 USC 6655 note.>> is amended
by striking ``106.25 percent'' and inserting ``114.25 percent''.
Subtitle <<NOTE: Small Business and Work Opportunity Act of 2007. 15 USC
631 note.>> 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) <<NOTE: Publication.>> 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--
[[Page 121 STAT. 205]]
``(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''.
[[Page 121 STAT. 206]]
SEC. 8303. <<NOTE: 42 USC 9858 note.>> 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.
[[Page 121 STAT. 207]]
(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) <<NOTE: Notification.>> 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) <<NOTE: Regulations.>> 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
[[Page 121 STAT. 208]]
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) Four-year study.--
(A) <<NOTE: Deadline.>> 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
[[Page 121 STAT. 209]]
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. <<NOTE: Deadline.>> 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) <<NOTE: Deadline.>> 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
[[Page 121 STAT. 210]]
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) <<NOTE: Effective date. 15 USC 656 note.>> 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) <<NOTE: 15 USC 656 note.>> 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.
[[Page 121 STAT. 211]]
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
[[Page 121 STAT. 212]]
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.
[[Page 121 STAT. 213]]
(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;
[[Page 121 STAT. 214]]
(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) <<NOTE: Deadline.>> 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
[[Page 121 STAT. 215]]
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
[[Page 121 STAT. 216]]
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--
[[Page 121 STAT. 217]]
(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) <<NOTE: Applicability.>> 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) <<NOTE: Applicability.>> 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.
[[Page 121 STAT. 218]]
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 <<NOTE: Ante, p. 16.>>
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.
Approved May 25, 2007.
LEGISLATIVE HISTORY--H.R. 2206:
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CONGRESSIONAL RECORD, Vol. 153 (2007):
May 10, considered and passed House.
May 15, 17, considered and passed Senate, amended.
May 24, House concurred in Senate amendment with an
amendment. Senate concurred in House amendment.
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