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110th Congress Report
HOUSE OF REPRESENTATIVES
1st Session 110-107
======================================================================
MAKING EMERGENCY SUPPLEMENTAL APPROPRIATIONS FOR THE FISCAL YEAR ENDING
SEPTEMBER 30, 2007, AND FOR OTHER PURPOSES
_______
April 24, 2007.--Ordered to be printed
_______
Mr. Obey, from the Committee on Conference, submitted the following
CONFERENCE REPORT
[To accompany H.R. 1591]
The committee of conference on the disagreeing votes of
the two Houses on the amendment of the Senate to the bill (H.R.
1591), ``making emergency supplemental appropriations for the
fiscal year ending September 30, 2007, and for other
purposes'', having met, after full and free conference, have
agreed to recommend and do recommend to their respective Houses
as follows:
That the House recede from its disagreement to the
amendment of the Senate, and agree to the same with an
amendment, as follows:
In lieu of the matter proposed to be inserted by the
Senate amendment, insert:
That the following sums are appropriated, out of any money in
the Treasury not otherwise appropriated, for the fiscal year
ending September 30, 2007, and for other purposes, namely:
TITLE I
GLOBAL WAR ON TERROR SUPPLEMENTAL APPROPRIATIONS
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,
$460,000,000, to remain available until expended.
GENERAL PROVISION--THIS CHAPTER
Sec. 1101. There is hereby appropriated $40,000,000 to
reimburse the Commodity Credit Corporation for the release of
eligible commodities under section 302(f)(2)(A) of the Bill
Emerson Humanitarian Trust Act (7 U.S.C. 1736f-1): Provided,
That any such funds made available to reimburse the Commodity
Credit Corporation shall only be used to replenish the Bill
Emerson Humanitarian Trust.
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'',
$268,000,000, of which $258,000,000 is to remain available
until September 30, 2008 and $10,000,000 is to remain available
until expended to implement corrective actions in response to
the findings and recommendations in the Department of Justice
Office of Inspector General report entitled, ``A Review of the
Federal Bureau of Investigation's Use of National Security
Letters'', of which $500,000 shall be transferred to and merged
with ``Department of Justice, Office of the Inspector
General''.
Drug Enforcement Administration
SALARIES AND EXPENSES
For an additional amount for ``Salaries and Expenses'',
$12,166,000, to remain available until September 30, 2008.
Bureau of Alcohol, Tobacco, Firearms and Explosives
SALARIES AND EXPENSES
For an additional amount for ``Salaries and Expenses'',
$4,000,000, to remain available until September 30, 2008.
Federal Prison System
SALARIES AND EXPENSES
For an additional amount for ``Salaries and Expenses'',
$17,000,000, to remain available until September 30, 2008.
CHAPTER 3
DEPARTMENT OF DEFENSE--MILITARY
MILITARY PERSONNEL
Military Personnel, Army
For an additional amount for ``Military Personnel, Army'',
$8,853,350,000.
Military Personnel, Navy
For an additional amount for ``Military Personnel, Navy'',
$1,100,410,000.
Military Personnel, Marine Corps
For an additional amount for ``Military Personnel, Marine
Corps'', $1,495,827,000.
Military Personnel, Air Force
For an additional amount for ``Military Personnel, Air
Force'', $1,218,587,000.
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'',
$86,023,000.
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'', $11,573,000.
National Guard Personnel, Army
For an additional amount for ``National Guard Personnel,
Army'', $545,286,000.
National Guard Personnel, Air Force
For an additional amount for ``National Guard Personnel,
Air Force'', $44,033,000.
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'', $4,676,670,000, of which up to $120,293,000 shall be
transferred to Coast Guard, ``Operating Expenses'', for
reimbursement for activities which support activities requested
by the Navy.
Operation and Maintenance, Marine Corps
For an additional amount for ``Operation and Maintenance,
Marine Corps'', $1,146,594,000.
Operation and Maintenance, Air Force
For an additional amount for ``Operation and Maintenance,
Air Force'', $6,650,881,000.
Operation and Maintenance, Defense-Wide
For an additional amount for ``Operation and Maintenance,
Defense-Wide'', $2,714,487,000, of which--
(1) not to exceed $25,000,000 may be used for the
Combatant Commander Initiative Fund, to be used in
support of Operation Iraqi Freedom and Operation
Enduring Freedom; and
(2) not to exceed $200,000,000, to remain available
until expended, may be used for payments to reimburse
Pakistan, Jordan, and other key cooperating nations,
for logistical, military, and other support provided to
United States military operations, notwithstanding any
other provision of law: Provided, That such payments
may be made in such amounts as the Secretary of
Defense, with the concurrence of the Secretary of
State, and in consultation with the Director of the
Office of Management and Budget, may determine, in his
discretion, based on documentation determined by the
Secretary of Defense to adequately account for the
support provided, and such determination is final and
conclusive upon the accounting officers of the United
States, and 15 days following notification to the
appropriate congressional committees: Provided further,
That the Secretary of Defense shall provide quarterly
reports to the congressional defense committees on the
use of funds provided in this paragraph.
Operation and Maintenance, Army Reserve
For an additional amount for ``Operation and Maintenance,
Army Reserve'', $74,049,000.
Operation and Maintenance, Navy Reserve
For an additional amount for ``Operation and Maintenance,
Navy Reserve'', $111,066,000.
Operation and Maintenance, Marine Corps Reserve
For an additional amount for ``Operation and Maintenance,
Marine Corps Reserve'', $13,591,000.
Operation and Maintenance, Air Force Reserve
For an additional amount for ``Operation and Maintenance,
Air Force Reserve'', $10,160,000.
Operation and Maintenance, Army National Guard
For an additional amount for ``Operation and Maintenance,
Army National Guard'', $83,569,000.
Operation and Maintenance, Air National Guard
For an additional amount for ``Operation and Maintenance,
Air National Guard'', $38,429,000.
Afghanistan Security Forces Fund
For an additional amount for ``Afghanistan Security Forces
Fund'', $5,906,400,000, to remain available until September 30,
2008.
Iraq Security Forces Fund
For an additional amount for ``Iraq Security Forces Fund'',
$3,842,300,000, to remain available until September 30, 2008.
Iraq Freedom Fund
(INCLUDING TRANSFER OF FUNDS)
For an additional amount for ``Iraq Freedom Fund'',
$355,600,000, to remain available for transfer until September
30, 2008: Provided, That up to $50,000,000 may be obligated and
expended for purposes of the Task Force to Improve Business and
Stability Operations in Iraq.
Joint Improvised Explosive Device Defeat Fund
For an additional amount for ``Joint Improvised Explosive
Device Defeat Fund'', $2,432,800,000, to remain available until
September 30, 2009.
Strategic Reserve Readiness Fund
(INCLUDING TRANSFER OF FUNDS)
In addition to amounts provided in this or any other Act,
for training, operations, repair of equipment, purchases of
equipment, and other expenses related to improving the
readiness of non-deployed United States military forces,
$2,000,000,000, to remain available until September 30, 2009;
of which $1,000,000,000 shall be transferred to ``National
Guard and Reserve Equipment'' for the purchase of equipment for
the Army National Guard; and of which $1,000,000,000 shall be
transferred by the Secretary of Defense only to appropriations
for military personnel, operation and maintenance, procurement,
and defense working capital funds to accomplish the purposes
provided herein: Provided, That the funds transferred shall be
merged with and shall be available for the same purposes and
for the same time period as the appropriation to which
transferred: Provided further, That the Secretary of Defense
shall, not fewer than thirty days prior to making transfers
under this authority, notify the congressional defense
committees in writing of the details of any such transfers made
pursuant to this authority: Provided further, That funds shall
be transferred to the appropriation accounts not later than 120
days after the enactment of this Act: Provided further, That
the transfer authority provided in this paragraph is in
addition to any other transfer authority available to the
Department of Defense: Provided further, That upon a
determination that all or part of the funds transferred from
this appropriation are not necessary for the purposes provided
herein, such amounts may be transferred back to this
appropriation.
PROCUREMENT
Aircraft Procurement, Army
For an additional amount for ``Aircraft Procurement,
Army'', $619,750,000, to remain available until September 30,
2009.
Missile Procurement, Army
For an additional amount for ``Missile Procurement, Army'',
$111,473,000, to remain available until September 30, 2009.
Procurement of Weapons and Tracked Combat Vehicles, Army
For an additional amount for ``Procurement of Weapons and
Tracked Combat Vehicles, Army'', $3,404,315,000, to remain
available until September 30, 2009.
Procurement of Ammunition, Army
For an additional amount for ``Procurement of Ammunition,
Army'', $681,500,000, to remain available until September 30,
2009.
Other Procurement, Army
For an additional amount for ``Other Procurement, Army'',
$11,076,137,000, to remain available until September 30, 2009.
Aircraft Procurement, Navy
For an additional amount for ``Aircraft Procurement,
Navy'', $1,090,287,000, to remain available until September 30,
2009.
Weapons Procurement, Navy
For an additional amount for ``Weapons Procurement, Navy'',
$163,813,000, to remain available until September 30, 2009.
Procurement of Ammunition, Navy and Marine Corps
For an additional amount for ``Procurement of Ammunition,
Navy and Marine Corps'', $159,833,000, to remain available
until September 30, 2009.
Other Procurement, Navy
For an additional amount for ``Other Procurement, Navy'',
$748,749,000, to remain available until September 30, 2009.
Procurement, Marine Corps
For an additional amount for ``Procurement, Marine Corps'',
$2,252,749,000, 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'', $2,096,200,000, to remain available until September
30, 2009.
Procurement, Defense-Wide
For an additional amount for ``Procurement, Defense-Wide'',
$980,050,000, to remain available until September 30, 2009.
RESEARCH, DEVELOPMENT, TEST AND EVALUATION
Research, Development, Test and Evaluation, Army
For an additional amount for ``Research, Development, Test
and Evaluation, Army'', $100,006,000, to remain available until
September 30, 2008.
Research, Development, Test and Evaluation, Navy
For an additional amount for ``Research, Development, Test
and Evaluation, Navy'', $298,722,000, to remain available until
September 30, 2008.
Research, Development, Test and Evaluation, Air Force
For an additional amount for ``Research, Development, Test
and Evaluation, Air Force'', $187,176,000, to remain available
until September 30, 2008.
Research, Development, Test and Evaluation, Defense-Wide
For an additional amount for ``Research, Development, Test
and Evaluation, Defense-Wide'', $512,804,000, to remain
available until September 30, 2008.
REVOLVING AND MANAGEMENT FUNDS
Defense Working Capital Funds
For an additional amount for ``Defense Working Capital
Funds'', $1,315,526,000.
National Defense Sealift Fund
For an additional amount for ``National Defense Sealift
Fund'', $5,000,000.
OTHER DEPARTMENT OF DEFENSE PROGRAMS
Defense Health Program
For an additional amount for ``Defense Health Program'',
$3,251,853,000; of which $2,802,153,000 shall be for operation
and maintenance, including $600,000,000 which shall be
available for the treatment of Traumatic Brain Injury and Post
Traumatic Stress Disorder and remain available until September
30, 2008; of which $118,000,000 shall be for procurement, to
remain available until September 30, 2009; and of which
$331,700,000 shall be for research, development, test and
evaluation, to remain available until September 30, 2008:
Provided, That if the Secretary of Defense determines that
funds made available herein for the treatment of Traumatic
Brain Injury and Post Traumatic Stress Disorder are in excess
to the requirements of the Department of Defense he may
transfer amounts in excess of that requirement to the
Department of Veterans Affairs to be available only for the
same purpose.
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 chapter are
available for obligation until September 30, 2007, unless
otherwise provided in this chapter.
(TRANSFER OF FUNDS)
Sec. 1302. Upon his determination that such action is
necessary in the national interest, the Secretary of Defense
may transfer between appropriations up to $3,500,000,000 of the
funds made available to the Department of Defense in this
chapter: Provided, That the Secretary shall notify the Congress
promptly of each transfer made pursuant to the authority in
this section: Provided further, That the authority provided in
this section is in addition to any other transfer authority
available to the Department of Defense and is subject to the
same terms and conditions as the authority provided in section
8005 of the Department of Defense Appropriations Act, 2007
(Public Law 109-289; 120 Stat. 1257), except for the fourth
proviso: Provided further, That funds previously transferred to
the ``Joint Improvised Explosive Device Defeat Fund'' and the
``Iraq Security Forces Fund'' under the authority of section
8005 of Public Law 109-289 and transferred back to their source
appropriations accounts shall not be taken into account for
purposes of the limitation on the amount of funds that may be
transferred under section 8005.
Sec. 1303. Funds appropriated in this chapter, or made
available by the transfer of funds in or pursuant to this
chapter, 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 chapter may
be used to finance programs or activities denied by Congress in
fiscal years 2006 or 2007 appropriations to the Department of
Defense or to initiate a procurement or research, development,
test and evaluation new start program without prior written
notification to the congressional defense committees.
(TRANSFER OF FUNDS)
Sec. 1305. During fiscal year 2007, the Secretary of
Defense may transfer not to exceed $6,300,000 of the amounts in
or credited to the Defense Cooperation Account, pursuant to 10
U.S.C. 2608, to such appropriations or funds of the Department
of Defense as he shall determine for use consistent with the
purposes for which such funds were contributed and accepted:
Provided, That such amounts shall be available for the same
time period as the appropriation to which transferred: Provided
further, That the Secretary shall report to the Congress all
transfers made pursuant to this authority.
Sec. 1306. (a) Authority To Provide Support.--Of the amount
appropriated by this chapter under the heading, ``Drug
Interdiction and Counter-Drug Activities, Defense'', not to
exceed $60,000,000 may be used for support for counter-drug
activities of the Governments of Afghanistan and Pakistan:
Provided, That such support shall be in addition to support
provided for the counter-drug activities of such Governments
under any other provision of the law.
(b) Types of Support.--
(1) Except as specified in subsection (b)(2) of
this section, the support that may be provided under
the authority in this section shall be limited to the
types of support specified in section 1033(c)(1) of the
National Defense Authorization Act for Fiscal Year 1998
(Public Law 105-85, as amended by Public Laws 106-398,
108-136, and 109-364) and conditions on the provision
of support as contained in section 1033 shall apply for
fiscal year 2007.
(2) The Secretary of Defense may transfer vehicles,
aircraft, and detection, interception, monitoring and
testing equipment to said Governments for counter-drug
activities.
Sec. 1307. (a) From funds made available for operation and
maintenance in this chapter to the Department of Defense, not
to exceed $456,400,000 may be used, notwithstanding any other
provision of law, to fund the Commanders' Emergency Response
Program, for the purpose of enabling military commanders in
Iraq and Afghanistan to respond to urgent humanitarian relief
and reconstruction requirements within their areas of
responsibility by carrying out programs that will immediately
assist the Iraqi and Afghan people.
(b) Quarterly Reports.--Not later than 15 days after the
end of each fiscal year quarter, the Secretary of Defense shall
submit to the congressional defense committees a report
regarding the source of funds and the allocation and use of
funds during that quarter that were made available pursuant to
the authority provided in this section or under any other
provision of law for the purposes of the programs under
subsection (a).
Sec. 1308. Section 9010 of division A of Public Law 109-289
is amended by striking ``2007'' each place it appears and
inserting ``2008''.
Sec. 1309. During fiscal year 2007, supervision and
administration costs associated with projects carried out with
funds appropriated to ``Afghanistan Security Forces Fund'' or
``Iraq Security Forces Fund'' in this chapter may be obligated
at the time a construction contract is awarded: Provided, That
for the purpose of this section, supervision and administration
costs include all in-house Government costs.
Sec. 1310. Section 1005(c)(2) of the National Defense
Authorization Act, Fiscal Year 2007 (Public Law 109-364) is
amended by striking ``$310,277,000'' and inserting
``$376,446,000''.
Sec. 1311. None of the funds appropriated or otherwise made
available by this or any other Act shall be obligated or
expended by the United States Government for a purpose as
follows:
(1) To establish any military installation or base
for the purpose of providing for the permanent
stationing of United States Armed Forces in Iraq.
(2) To exercise United States control over any oil
resource of Iraq.
Sec. 1312. None of the funds made available in this Act may
be used in contravention of the following laws enacted or
regulations promulgated to implement the United Nations
Convention Against Torture and Other Cruel, Inhuman or
Degrading Treatment or Punishment (done at New York on December
10, 1984):
(1) Section 2340A of title 18, United States Code;
(2) Section 2242 of the Foreign Affairs Reform and
Restructuring Act of 1998 (division G of Public Law
105-277; 112 Stat. 2681-822; 8 U.S.C. 1231 note) and
regulations prescribed thereto, including regulations
under part 208 of title 8, Code of Federal Regulations,
and part 95 of title 22, Code of Federal Regulations;
and
(3) Sections 1002 and 1003 of the Department of
Defense, Emergency Supplemental Appropriations to
Address Hurricanes in the Gulf of Mexico, and Pandemic
Influenza Act, 2006 (Public Law 109-148).
Sec. 1313. (a) Report by Secretary of Defense.--Not later
than 30 days after the date of the enactment of this Act, the
Secretary of Defense shall submit to the congressional defense
committees a report that contains individual transition
readiness assessments by unit of Iraq and Afghan security
forces. The Secretary of Defense shall submit to the
congressional defense committees updates of the report required
by this subsection every 90 days after the date of the
submission of the report until October 1, 2008. The report and
updates of the report required by this subsection shall be
submitted in classified form.
(b) Report by OMB.--
(1) The Director of the Office of Management and
Budget, in consultation with the Secretary of Defense;
the Commander, Multi-National Security Transition
Command--Iraq; and the Commander, Combined Security
Transition Command--Afghanistan, shall submit to the
congressional defense committees not later than 120
days after the date of the enactment of this Act and
every 90 days thereafter a report on the proposed use
of all funds under each of the headings ``Iraq Security
Forces Fund'' and ``Afghanistan Security Forces Fund''
on a project-by-project basis, for which the obligation
of funds is anticipated during the three-month period
from such date, including estimates by the commanders
referred to in this paragraph of the costs required to
complete each such project.
(2) The report required by this subsection shall
include the following:
(A) The use of all funds on a project-by-
project basis for which funds appropriated
under the headings referred to in paragraph (1)
were obligated prior to the submission of the
report, including estimates by the commanders
referred to in paragraph (1) of the costs to
complete each project.
(B) The use of all funds on a project-by-
project basis for which funds were appropriated
under the headings referred to in paragraph (1)
in prior appropriations Acts, or for which
funds were made available by transfer,
reprogramming, or allocation from other
headings in prior appropriations Acts,
including estimates by the commanders referred
to in paragraph (1) of the costs to complete
each project.
(C) An estimated total cost to train and
equip the Iraq and Afghan security forces,
disaggregated by major program and sub-elements
by force, arrayed by fiscal year.
(c) Notification.--The Secretary of Defense shall notify
the congressional defense committees of any proposed new
projects or transfers of funds between sub-activity groups in
excess of $15,000,000 using funds appropriated by this Act
under the headings ``Iraq Security Forces Fund'' and
``Afghanistan Security Forces Fund''.
Sec. 1314. None of the funds appropriated or otherwise made
available by this chapter may be obligated or expended to
provide award fees to any defense contractor contrary to the
provisions of section 814 of the National Defense Authorization
Act, Fiscal Year 2007 (Public Law 109-364).
Sec. 1315. Not more than 85 percent of the funds
appropriated in this chapter for operation and maintenance
shall be available for obligation unless and until the
Secretary of Defense submits to the congressional defense
committees a report detailing the use of Department of Defense
funded service contracts conducted in the theater of operations
in support of United States military and reconstruction
activities in Iraq and Afghanistan: Provided, That the report
shall provide detailed information specifying the number of
contracts and contract costs used to provide services in fiscal
year 2006, with sub-allocations by major service categories:
Provided further, That the report also shall include estimates
of the number of contracts to be executed in fiscal year 2007:
Provided further, That the report shall include the number of
contractor personnel in Iraq and Afghanistan funded by the
Department of Defense: Provided further, That the report shall
be submitted to the congressional defense committees not later
than August 1, 2007.
Sec. 1316. Section 1477 of title 10, United States Code, is
amended--
(1) in subsection (a), by striking ``A death
gratuity'' and inserting ``Subject to subsection (d), a
death gratuity'';
(2) by redesignating subsection (d) as subsection
(e) and, in such subsection, by striking ``If an
eligible survivor dies before he'' and inserting ``If a
person entitled to all or a portion of a death gratuity
under subsection (a) or (d) dies before the person'';
and
(3) by inserting after subsection (c) the following
new subsection (d):
``(d) During the period beginning on the date of the
enactment of this subsection and ending on September 30, 2007,
a person covered by section 1475 or 1476 of this title may
designate another person to receive not more than 50 percent of
the amount payable under section 1478 of this title. The
designation shall indicate the percentage of the amount, to be
specified only in 10 percent increments up to the maximum of 50
percent, that the designated person may receive. The balance of
the amount of the death gratuity shall be paid to or for the
living survivors of the person concerned in accordance with
paragraphs (1) through (5) of subsection (a).''.
Sec. 1317. Section 9007 of Public Law 109-289 is amended by
striking ``20'' and inserting ``287''.
Sec. 1318. Inspection of Military Medical Treatment
Facilities, Military Quarters Housing Medical Hold Personnel,
and Military Quarters Housing Medical Holdover Personnel. (a)
Periodic Inspection Required.--
(1) In general.--Not later than 180 days after the
date of the enactment of this Act, and annually
thereafter, the Secretary of Defense shall inspect each
facility of the Department of Defense as follows:
(A) Each military medical treatment
facility.
(B) Each military quarters housing medical
hold personnel.
(C) Each military quarters housing medical
holdover personnel.
(2) Purpose.--The purpose of an inspection under
this subsection is to ensure that the facility or
quarters concerned meets acceptable standards for the
maintenance and operation of medical facilities,
quarters housing medical hold personnel, or quarters
housing medical holdover personnel, as applicable.
(b) Acceptable Standards.--For purposes of this section,
acceptable standards for the operation and maintenance of
military medical treatment facilities, military quarters
housing medical hold personnel, or military quarters housing
medical holdover personnel are each of the following:
(1) Generally accepted standards for the
accreditation of medical facilities, or for facilities
used to quarter individuals with medical conditions
that may require medical supervision, as applicable, in
the United States.
(2) Where appropriate, standards under the
Americans with Disabilities Act of 1990 (42 U.S.C.
12101 et seq.).
(c) Additional Inspections on Identified Deficiencies.--
(1) In general.--In the event a deficiency is
identified pursuant to subsection (a) at a facility or
quarters described in paragraph (1) of that
subsection--
(A) the commander of such facility or
quarters, as applicable, shall submit to the
Secretary a detailed plan to correct the
deficiency; and
(B) the Secretary shall reinspect such
facility or quarters, as applicable, not less
often than once every 180 days until the
deficiency is corrected.
(2) Construction with other inspections.--An
inspection of a facility or quarters under this
subsection is in addition to any inspection of such
facility or quarters under subsection (a).
(d) Reports on Inspections.--A complete copy of the report
on each inspection conducted under subsections (a) and (c)
shall be submitted in unclassified form to the applicable
military medical command and to the congressional defense
committees.
(e) Report on Standards.--In the event no standards for the
maintenance and operation of military medical treatment
facilities, military quarters housing medical hold personnel,
or military quarters housing medical holdover personnel exist
as of the date of the enactment of this Act, or such standards
as do exist do not meet acceptable standards for the
maintenance and operation of such facilities or quarters, as
the case may be, the Secretary shall, not later than 30 days
after that date, submit to the congressional defense committees
a report setting forth the plan of the Secretary to ensure--
(1) the adoption by the Department of standards for
the maintenance and operation of military medical
facilities, military quarters housing medical hold
personnel, or military quarters housing medical
holdover personnel, as applicable, that meet--
(A) acceptable standards for the
maintenance and operation of such facilities or
quarters, as the case may be; and
(B) where appropriate, standards under the
Americans with Disabilities Act of 1990; and
(2) the comprehensive implementation of the
standards adopted under paragraph (1) at the earliest
date practicable.
Sec. 1319. From funds made available for the ``Iraq
Security Forces Fund'' for fiscal year 2007, up to $155,500,000
may be used, notwithstanding any other provision of law, to
provide assistance, with the concurrence of the Secretary of
State, to the Government of Iraq to support the disarmament,
demobilization, and reintegration of militias and illegal armed
groups.
Sec. 1320. Independent Assessment of Capabilities of Iraqi
Security Forces. (a) In General.--Of the amount appropriated or
otherwise made available for the Department of Defense,
$750,000 is provided to commission an independent, private-
sector entity, which operates as a 501(c)(3) with recognized
credentials and expertise in military affairs, to prepare an
independent report assessing the following:
(1) The readiness of the Iraqi Security Forces
(ISF) to assume responsibility for maintaining the
territorial integrity of Iraq, denying international
terrorists a safe haven, and bringing greater security
to Iraq's 18 provinces in the next 12-18 months, and
bringing an end to sectarian violence to achieve
national reconciliation.
(2) The training; equipping; command, control and
intelligence capabilities; and logistics capacity of
the ISF.
(3) The likelihood that, given the ISF's record of
preparedness to date, following years of training and
equipping by U.S. forces, the continued support of U.S.
troops will contribute to the readiness of the ISF to
fulfill the missions outlined in subparagraph (1).
(b) Report.--Not later than 120 days after passage of this
Act, the designated private sector entity shall provide an
unclassified report, with a classified annex, containing its
findings, to the House and Senate Committees on Armed Services,
Appropriations, Foreign Relations, and Intelligence.
Sec. 1321. Award of Medal of Honor to Woodrow W. Keeble for
Valor During Korean War. (a) Waiver of Time Limitations.--
Notwithstanding any applicable time limitation under section
3744 of title 10, United States Code, or any other time
limitation with respect to the award of certain medals to
individuals who served in the Armed Forces, the President may
award to Woodrow W. Keeble the Medal of Honor under section
3741 of that title for the acts of valor described in
subsection (b).
(b) Acts of Valor.--The acts of valor referred to in
subsection (a) are the acts of Woodrow W. Keeble, then-acting
platoon leader, carried out on October 20, 1951, during the
Korean War.
(TRANSFER OF FUNDS)
Sec. 1322. Of the amount appropriated under the heading
``Other Procurement, Army'', in title III of division A of
Public Law 109-148, $6,250,000 shall be transferred to
``Military Construction, Army''.
(TRANSFER OF FUNDS)
Sec. 1323. 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;
and
``Defense Health Program'', $26,817,000.
CHAPTER 4
DEPARTMENT OF ENERGY
ATOMIC ENERGY DEFENSE ACTIVITIES
National Nuclear Security Administration
DEFENSE NUCLEAR NONPROLIFERATION
For an additional amount for ``Defense Nuclear
Nonproliferation'', $150,000,000, to remain available until
expended.
GENERAL PROVISION--THIS CHAPTER
(TRANSFER OF FUNDS)
Sec. 1401. 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'',
$15,000,000, to remain available until September 30, 2008, to
be used for support of the State and Local Fusion Center
program.
United States Customs and Border Protection
SALARIES AND EXPENSES
(INCLUDING TRANSFER OF FUNDS)
For an additional amount for ``Salaries and Expenses'',
$115,000,000, to remain available until September 30, 2008, to
be used to increase the number of officers, intelligence
analysts and support staff responsible for container security
inspections, and for other efforts to improve supply chain
security: Provided, That up to $5,000,000 shall be transferred
to Federal Law Enforcement Training Center ``Salaries and
Expenses'', for basic training costs.
AIR AND MARINE INTERDICTION, OPERATIONS, MAINTENANCE, AND PROCUREMENT
For an additional amount for ``Air and Marine Interdiction,
Operations, Maintenance, and Procurement'', for air and marine
operations on the Northern Border, including the final Northern
Border air wing, $120,000,000, to remain available until
September 30, 2008.
United States Immigration and Customs Enforcement
SALARIES AND EXPENSES
For an additional amount for ``Salaries and Expenses'',
$10,000,000, to remain available until September 30, 2008.
Transportation Security Administration
AVIATION SECURITY
For an additional amount for ``Aviation Security'',
$970,000,000; of which $815,000,000 shall be for procurement
and installation of checked baggage explosives detection
systems, to remain available until expended; of which
$45,000,000 shall be for expansion of checkpoint explosives
detection pilot systems, to remain available until expended;
and of which $110,000,000 shall be for air cargo security, to
remain available until September 30, 2009.
FEDERAL AIR MARSHALS
For an additional amount for ``Federal Air Marshals'',
$8,000,000, to remain available until September 30, 2008.
National Protection and Programs
INFRASTRUCTURE PROTECTION AND INFORMATION SECURITY
For an additional amount for ``Infrastructure Protection
and Information Security'', $37,000,000, to remain available
until September 30, 2008.
Office of Health Affairs
For an additional amount for ``Office of Health Affairs''
for nuclear event public health assessment and planning and
other activities, $15,000,000, to remain available until
September 30, 2008.
Federal Emergency Management Agency
MANAGEMENT AND ADMINISTRATION
For expenses for management and administration of the
Federal Emergency Management Agency, $25,000,000, to remain
available until September 30, 2008: Provided, That none of such
funds made available under this heading may be obligated until
the Committees on Appropriations of the Senate and the House of
Representatives receive and approve a plan for expenditure:
Provided further, That unobligated amounts in the
``Administrative and Regional Operations'' and ``Readiness,
Mitigation, Response, and Recovery'' accounts shall be
transferred to ``Management and Administration'' and may be
used for any purpose authorized for such amounts and subject to
limitation on the use of such amounts.
STATE AND LOCAL PROGRAMS
For an additional amount for ``State and Local Programs'',
$552,500,000; of which $190,000,000 shall be for port security
grants pursuant to section 70107(l) of title 46 United States
Code; of which $325,000,000 shall be for intercity rail
passenger transportation, freight rail, and transit security
grants; of which $35,000,000 shall be for regional grants and
regional technical assistance to high risk urban areas for
catastrophic event planning and preparedness; and of which
$2,500,000 shall be for technical assistance: Provided, That
none of the funds made available under this heading may be
obligated for such regional grants and regional technical
assistance until the Committees on Appropriations of the Senate
and the House of Representatives receive and approve a plan for
expenditure: Provided further, That funds for such regional
grants and regional technical assistance shall remain available
until September 30, 2008.
EMERGENCY MANAGEMENT PERFORMANCE GRANTS
For an additional amount for ``Emergency Management
Performance Grants'', $100,000,000.
United States Citizenship and Immigration Services
For an additional amount for expenses of ``United States
Citizenship and Immigration Services'' to address backlogs of
security checks associated with pending applications and
petitions, $10,000,000, to remain available until September 30,
2008: Provided, That none of the funds made available under
this heading shall be available for obligation until the
Secretary of Homeland Security, in consultation with the United
States Attorney General, submits to the Committees on
Appropriations of the Senate and the House of Representatives a
plan to eliminate the backlog of security checks that
establishes information sharing protocols to ensure United
States Citizenship and Immigration Services has the information
it needs to carry out its mission.
Science and Technology
RESEARCH, DEVELOPMENT, ACQUISITION, AND OPERATIONS
For an additional amount for ``Research, Development,
Acquisition, and Operations'' for air cargo security research,
$10,000,000, to remain available until expended.
Domestic Nuclear Detection Office
RESEARCH, DEVELOPMENT, AND OPERATIONS
For an additional amount for ``Research, Development, and
Operations'' for non-container, rail, aviation and intermodal
radiation detection activities, $39,000,000, to remain
available until expended.
SYSTEMS ACQUISITION
For an additional amount for ``Systems Acquisition'',
$223,500,000, to remain available until expended: Provided,
That none of the funds appropriated under this heading shall be
obligated for full scale procurement of Advanced Spectroscopic
Portal Monitors until the Secretary of Homeland Security has
certified through a report to the Committees on Appropriations
of the Senate and the House of Representatives that a
significant increase in operational effectiveness will be
achieved.
GENERAL PROVISIONS--THIS CHAPTER
Sec. 1501. (a) Amendments.--Section 550 of the Department
of Homeland Security Appropriations Act, 2007 (6 U.S.C. 121
note) is amended by:
(1) in subsection (c), by striking ``consistent
with similar'' and inserting ``identical to the
protections given'';
(2) in subsection (c), by striking ``, site
security plans, and other information submitted to or
obtained by the Secretary under this section, and
related vulnerability or security information, shall be
treated as if the information were classified
material'' and inserting ``and site security plans
shall be treated as sensitive security information (as
that term is used in section 1520.5 of title 49, Code
of Federal Regulations, or any subsequent regulations
relating to the same matter)''; and
(3) by adding at the end of the section the
following:
``(h) This section shall not preclude or deny any right of
any State or political subdivision thereof to adopt or enforce
any regulation, requirement, or standard of performance with
respect to chemical facility security that is more stringent
than a regulation, requirement, or standard of performance
issued under this section, or otherwise impair any right or
jurisdiction of any State with respect to chemical facilities
within that State.''.
(b) Regulatory Clarification.--Not later than 60 days after
the date of the enactment of this Act, the Secretary of
Homeland Security shall update the regulations administered by
the Secretary that govern sensitive security information,
including 49 CFR 1520, to ensure the protection of all
information required to be protected under section 550(c) of
the Department of Homeland Security Appropriations Act, 2007 (6
U.S.C. 121 note), as amended by paragraph (a).
Sec. 1502. 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. 1503. Linking of Award Fees Under Department of
Homeland Security Contracts to Successful Acquisition Outcomes.
The Secretary of Homeland Security shall require that all
contracts of the Department of Homeland Security that provide
award fees link such fees to successful acquisition outcomes
(which outcomes shall be specified in terms of cost, schedule,
and performance).
CHAPTER 6
LEGISLATIVE BRANCH
HOUSE OF REPRESENTATIVES
Salaries and Expenses
For an additional amount for ``Salaries and Expenses'',
$6,437,000, as follows:
Allowances and Expenses
For an additional amount for allowances and expenses as
authorized by House resolution or law, $6,437,000 for business
continuity and disaster recovery, to remain available until
expended.
GOVERNMENT ACCOUNTABILITY OFFICE
Salaries and Expenses
For an additional amount for ``Salaries and Expenses'' of
the Government Accountability Office, $374,000, to remain
available until September 30, 2008.
CHAPTER 7
DEPARTMENT OF DEFENSE
Military Construction, Army
For an additional amount for ``Military Construction,
Army'', $1,255,890,000, to remain available until September 30,
2008: Provided, That notwithstanding any other provision of
law, such funds may be obligated and expended to carry out
planning and design and military construction projects not
otherwise authorized by law: Provided further, That of the
funds provided under this heading, not to exceed $173,700,000
shall be available for study, planning, design, and architect
and engineer services: Provided further, That of the funds made
available under this heading, $369,690,000 shall not be
obligated or expended until the Secretary of Defense submits a
detailed report explaining how military road construction is
coordinated with NATO and coalition nations: Provided further,
That of the funds made available under this heading,
$401,700,000 shall not be obligated or expended until the
Secretary of Defense submits a detailed stationing plan to
support Army end-strength growth to the Committees on
Appropriations of the House of Representatives and Senate:
Provided further, That of the funds provided under this
heading, $274,800,000 shall not be obligated or expended until
the Secretary of Defense certifies that none of the funds are
to be used for the purpose of providing facilities for the
permanent basing of U.S. military personnel in Iraq.
Military Construction, Navy and Marine Corps
For an additional amount for ``Military Construction, Navy
and Marine Corps'', $370,990,000, to remain available until
September 30, 2008: Provided, That notwithstanding any other
provision of law, such funds may be obligated and expended to
carry out planning and design and military construction
projects not otherwise authorized by law: Provided further,
That of the funds provided under this heading, not to exceed
$49,600,000 shall be available for study, planning, design, and
architect and engineer services: Provided further, That of the
funds made available under this heading, $324,270,000 shall not
be obligated or expended until the Secretary of Defense submits
a detailed stationing plan to support Marine Corps end-strength
growth to the Committees on Appropriations of the House of
Representatives and Senate.
Military Construction, Air Force
For an additional amount for ``Military Construction, Air
Force'', $43,300,000, to remain available until September 30,
2008: Provided, That notwithstanding any other provision of
law, such funds may be obligated and expended to carry out
planning and design and military construction projects not
otherwise authorized by law: Provided further, That of the
funds provided under this heading, not to exceed $3,000,000
shall be available for study, planning, design, and architect
and engineer services.
Department of Defense Base Closure Account 2005
For deposit into the Department of Defense Base Closure
Account 2005, established by section 2906A(a)(1) of the Defense
Base Closure and Realignment Act of 1990 (10 U.S.C. 2687 note),
$3,136,802,000, to remain available until expended: Provided,
That within 30 days of the enactment of this Act, the Secretary
of Defense shall submit a detailed spending plan to the
Committees on Appropriations of the House of Representatives
and Senate.
GENERAL PROVISIONS--THIS CHAPTER
Sec. 1701. 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. 1702. Notwithstanding any other provision of law, none
of the funds in this or any other Act shall be used to
reorganize or relocate the functions of the Armed Forces
Institute of Pathology (AFIP) until the Secretary of Defense
has submitted, not later than December 31, 2007, a detailed
plan and timetable for the proposed reorganization and
relocation to the Committees on Appropriations and Armed
Services of the Senate and House of Representatives. The plan
shall take into consideration the recommendations of a study
being prepared by the Government Accountability Office (GAO),
provided that such study is available not later than 45 days
before the date specified in this section, on the impact of
dispersing selected functions of AFIP among several locations,
and the possibility of consolidating those functions at one
location. The plan shall include an analysis of the options for
the location and operation of the Program Management Office for
second opinion consults that are consistent with the
recommendations of the Base Realignment and Closure Commission,
together with the rationale for the option selected by the
Secretary.
CHAPTER 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'', $870,658,000, to remain available until September
30, 2008, of which $96,500,000 for World Wide Security Upgrades
is available until expended: Provided, That of the funds
appropriated under this heading, not more than $20,000,000
shall be made available for public diplomacy programs: Provided
further, That prior to the obligation of funds pursuant to the
previous proviso, the Secretary of State shall submit a report
to the Committees on Appropriations describing a comprehensive
public diplomacy strategy, with goals and expected results, for
fiscal years 2007 and 2008: Provided further, That of the
amount available under this heading, $258,000 shall be
transferred to, and merged with, funds available in fiscal year
2007 for expenses for the United States Commission on
International Religious Freedom: Provided further, That 20
percent of the amount available for Iraq operations shall not
be obligated until the Committees on Appropriations receive and
approve a detailed plan for expenditure, prepared by the
Secretary of State, and submitted within 60 days after the date
of enactment of this Act: Provided further, That within 15 days
of enactment of this Act, the Office of Management and Budget
shall apportion $15,000,000 from amounts appropriated or
otherwise made available by chapter 8 of title II of division B
of Public Law 109-148 under the heading ``Emergencies in the
Diplomatic and Consular Service'' for emergency evacuations:
Provided further, That of the amount made available under this
heading for Iraq, not to exceed $20,000,000 may be transferred
to, and merged with, funds in the ``Emergencies in the
Diplomatic and Consular Service'' appropriations account, to be
available only for terrorism rewards.
OFFICE OF THE INSPECTOR GENERAL
(INCLUDING TRANSFER OF FUNDS)
For an additional amount for ``Office of Inspector
General'', $36,500,000, to remain available until December 31,
2008: Provided, That $35,000,000 shall be transferred to the
Special Inspector General for Iraq Reconstruction for
reconstruction oversight.
EDUCATIONAL AND CULTURAL EXCHANGE PROGRAMS
For an additional amount for ``Educational and Cultural
Exchange Programs'', $20,000,000, to remain available until
expended.
International Organizations
CONTRIBUTIONS TO INTERNATIONAL ORGANIZATIONS
For an additional amount for ``Contributions to
International Organizations'', $50,000,000, to remain available
until September 30, 2008.
CONTRIBUTIONS FOR INTERNATIONAL PEACEKEEPING ACTIVITIES
For an additional amount for ``Contributions for
International Peacekeeping Activities'', $288,000,000, to
remain available until September 30, 2008.
RELATED AGENCY
Broadcasting Board of Governors
INTERNATIONAL BROADCASTING OPERATIONS
For an additional amount for ``International Broadcasting
Operations'' for activities related to broadcasting to the
Middle East, $10,000,000, to remain available until September
30, 2008.
BILATERAL ECONOMIC ASSISTANCE
Funds Appropriated to the President
UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT
CHILD SURVIVAL AND HEALTH PROGRAMS FUND
(INCLUDING TRANSFER OF FUNDS)
For an additional amount for ``Child Survival and Health
Programs Fund'', $161,000,000, to remain available until
September 30, 2008: Provided, That notwithstanding any other
provision of law, if the President determines and reports to
the Committees on Appropriations that the human-to-human
transmission of the avian influenza virus is efficient and
sustained, and is spreading internationally, funds made
available under the heading ``Millennium Challenge
Corporation'' and ``Global HIV/AIDS Initiative'' in prior Acts
making appropriations for foreign operations, export financing,
and related programs may be transferred to, and merged with,
funds made available under this heading to combat avian
influenza: Provided further, That funds made available pursuant
to the authority of the previous proviso shall be subject to
the regular notification procedures of the Committees on
Appropriations.
INTERNATIONAL DISASTER AND FAMINE ASSISTANCE
For an additional amount for ``International Disaster and
Famine Assistance'', $165,000,000, to remain available until
expended.
OPERATING EXPENSES OF THE UNITED STATES AGENCY FOR INTERNATIONAL
DEVELOPMENT
For an additional amount for ``Operating Expenses of the
United States Agency for International Development'',
$8,700,000, to remain available until September 30, 2008.
OPERATING EXPENSES OF THE UNITED STATES AGENCY FOR INTERNATIONAL
DEVELOPMENT OFFICE OF INSPECTOR GENERAL
For an additional amount for ``Operating Expenses of the
United States Agency for International Development Office of
Inspector General'', $3,500,000, to remain available until
September 30, 2008.
Other Bilateral Economic Assistance
ECONOMIC SUPPORT FUND
For an additional amount for ``Economic Support Fund'',
$2,649,300,000, to remain available until September 30, 2008:
Provided, That of the funds appropriated under this heading,
$57,400,000 shall be made available to nongovernmental
organizations in Iraq for economic and social development
programs and activities in areas of conflict: Provided further,
That the responsibility for policy decisions and justifications
for the use of funds appropriated by the previous proviso shall
be the responsibility of the United States Chief of Mission in
Iraq: Provided further, That none of the funds appropriated
under this heading in this Act or in prior Acts making
appropriations for foreign operations, export financing, and
related programs may be made available for the Political
Participation Fund and the National Institutions Fund: Provided
further, That of the funds made available under the heading
``Economic Support Fund'' in Public Law 109-234 for Iraq to
promote democracy, rule of law and reconciliation, $2,000,000
should be made available for the United States Institute of
Peace for programs and activities in Afghanistan to remain
available until September 30, 2008.
ASSISTANCE FOR EASTERN EUROPE AND THE BALTIC STATES
For an additional amount for ``Assistance for Eastern
Europe and the Baltic States'', $229,000,000, to remain
available until September 30, 2008, for assistance for Kosovo.
Department of State
DEMOCRACY FUND
For an additional amount for ``Democracy Fund'',
$260,000,000, to remain available until September 30, 2008:
Provided, That of the funds appropriated under this heading,
not less than $190,000,000 shall be made available for the
Human Rights and Democracy Fund of the Bureau of Democracy,
Human Rights, and Labor, Department of State, and not less than
$60,000,000 shall be made available for the United States
Agency for International Development, for democracy, human
rights and rule of law programs in Iraq: Provided further, That
not later than 60 days after enactment of this Act, the
Secretary of State shall submit a report to the Committees on
Appropriations describing a comprehensive, long-term strategy,
with goals and expected results, for strengthening and
advancing democracy in Iraq.
INTERNATIONAL NARCOTICS CONTROL AND LAW ENFORCEMENT
(INCLUDING RESCISSION OF FUNDS)
For an additional amount for ``International Narcotics
Control and Law Enforcement'', $257,000,000, to remain
available until September 30, 2008.
Of the amounts made available for procurement of a maritime
patrol aircraft for the Colombian Navy under this heading in
Public Law 109-234, $13,000,000 are rescinded.
MIGRATION AND REFUGEE ASSISTANCE
For an additional amount for ``Migration and Refugee
Assistance'', $130,500,000, to remain available until September
30, 2008, of which not less than $5,000,000 shall be made
available to rescue Iraqi scholars.
UNITED STATES EMERGENCY REFUGEE AND MIGRATION ASSISTANCE FUND
For an additional amount for ``United States Emergency
Refugee and Migration Assistance Fund'', $55,000,000, to remain
available until expended.
NONPROLIFERATION, ANTI-TERRORISM, DEMINING AND RELATED PROGRAMS
For an additional amount for ``Nonproliferation, Anti-
Terrorism, Demining and Related Programs'', $57,500,000, to
remain available until September 30, 2008.
Department of the Treasury
INTERNATIONAL AFFAIRS TECHNICAL ASSISTANCE
For an additional amount for ``International Affairs
Technical Assistance'', $2,750,000, to remain available until
September 30, 2008.
MILITARY ASSISTANCE
Funds Appropriated to the President
FOREIGN MILITARY FINANCING PROGRAM
For an additional amount for ``Foreign Military Financing
Program'', $265,000,000, to remain available until September
30, 2008.
PEACEKEEPING OPERATIONS
For an additional amount for ``Peacekeeping Operations'',
$230,000,000, to remain available until September 30, 2008:
Provided, That of the funds appropriated under this heading,
not less than $40,000,000 shall be made available,
notwithstanding section 660 of the Foreign Assistance Act of
1961, for assistance for Liberia for security sector reform:
Provided further, That not later than 30 days after enactment
of this Act and every 30 days thereafter until September 30,
2008, the Secretary of State shall submit a report to the
Committees on Appropriations detailing the obligation and
expenditure of funds made available under this heading in this
Act and in prior Acts making appropriations for foreign
operations, export financing, and related programs.
GENERAL PROVISIONS--THIS CHAPTER
AUTHORIZATION OF FUNDS
Sec. 1801. Funds appropriated by this title may be
obligated and expended notwithstanding section 10 of Public Law
91-672 (22 U.S.C. 2412), section 15 of the State Department
Basic Authorities Act of 1956 (22 U.S.C. 2680), section 313 of
the Foreign Relations Authorization Act, Fiscal Years 1994 and
1995 (22 U.S.C. 6212), and section 504(a)(1) of the National
Security Act of 1947 (50 U.S.C. 414(a)(1)).
EXTENSION OF OVERSIGHT AUTHORITY
Sec. 1802. Section 3001(o)(1)(B) of the Emergency
Supplemental Appropriations Act for Defense and for the
Reconstruction of Iraq and Afghanistan, 2004 (Public Law 108-
106; 117 Stat. 1238; 5 U.S.C. App., note to section 8G of
Public Law 95-452), as amended by section 1054(b) of the John
Warner National Defense Authorization Act for Fiscal Year 2007
(Public Law 109-364; 120 Stat. 2397) and section 2 of the Iraq
Reconstruction Accountability Act of 2006 (Public Law 109-440),
is amended by inserting ``or fiscal year 2007'' after ``fiscal
year 2006''.
LEBANON
Sec. 1803. (a) Limitation on Economic Support Fund
Assistance for Lebanon.--None of the funds made available in
this Act under the heading ``Economic Support Fund'' for cash
transfer assistance for the Government of Lebanon may be made
available for obligation until the Secretary of State reports
to the Committees on Appropriations on Lebanon's economic
reform plan and on the specific conditions and verifiable
benchmarks that have been agreed upon by the United States and
the Government of Lebanon pursuant to the Memorandum of
Understanding on cash transfer assistance for Lebanon.
(b) Limitation on Foreign Military Financing Program and
International Narcotics Control and Law Enforcement Assistance
for Lebanon.--None of the funds made available in this Act
under the heading ``Foreign Military Financing Program'' or
``International Narcotics Control and Law Enforcement'' for
military or police assistance to Lebanon may be made available
for obligation until the Secretary of State submits to the
Committees on Appropriations a report on procedures established
to determine eligibility of members and units of the armed
forces and police forces of Lebanon to participate in United
States training and assistance programs and on the end use
monitoring of all equipment provided under such programs to the
Lebanese armed forces and police forces.
(c) Certification Required.--Prior to the initial
obligation of funds made available in this Act for assistance
for Lebanon under the headings ``Foreign Military Financing
Program'' and ``Nonproliferation, Anti-Terrorism, Demining and
Related Programs'', the Secretary of State shall certify to the
Committees on Appropriations that all practicable efforts have
been made to ensure that such assistance is not provided to or
through any individual, or private or government entity, that
advocates, plans, sponsors, engages in, or has engaged in,
terrorist activity.
(d) Report Required.--Not later than 45 days after the date
of the enactment of this Act, the Secretary of State shall
submit to the Committees on Appropriations a report on the
Government of Lebanon's actions to implement section 14 of
United Nations Security Council Resolution 1701 (August 11,
2006).
(e) Special Authority.--This section shall be effective
notwithstanding section 534(a) of Public Law 109-102, which is
made applicable to funds appropriated for fiscal year 2007 by
the Continuing Appropriations Resolution, 2007 (division B of
Public Law 109-289, as amended by Public Law 110-5).
DEBT RESTRUCTURING
Sec. 1804. 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. 1805. 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. 1806. The Assistant Secretary of State for Democracy,
Human Rights, and Labor shall be responsible for all policy,
funding, and programming decisions regarding funds made
available under this Act and prior Acts making appropriations
for foreign operations, export financing and related programs
for the Human Rights and Democracy Fund of the Bureau of
Democracy, Human Rights, and Labor.
INSPECTOR GENERAL OVERSIGHT OF IRAQ AND AFGHANISTAN
Sec. 1807. (a) In General.--Subject to paragraph (2), the
Inspector General of the Department of State and the
Broadcasting Board of Governors (referred to in this section as
the ``Inspector General'') may use personal services contracts
to engage citizens of the United States to facilitate and
support the Office of the Inspector General's oversight of
programs and operations related to Iraq and Afghanistan.
Individuals engaged by contract to perform such services shall
not, by virtue of such contract, be considered to be employees
of the United States Government for purposes of any law
administered by the Office of Personnel Management. The
Secretary of State may determine the applicability to such
individuals of any law administered by the Secretary concerning
the performance of such services by such individuals.
(b) Conditions.--The authority under paragraph (1) is
subject to the following conditions:
(1) The Inspector General determines that existing
personnel resources are insufficient.
(2) The contract length for a personal services
contractor, including options, may not exceed 1 year,
unless the Inspector General makes a finding that
exceptional circumstances justify an extension of up to
1 additional year.
(3) Not more than 10 individuals may be employed at
any time as personal services contractors under the
program.
(c) Termination of Authority.--The authority to award
personal services contracts under this section shall terminate
on December 31, 2007. A contract entered into prior to the
termination date under this paragraph may remain in effect
until not later than December 31, 2009.
(d) Other Authorities Not Affected.--The authority under
this section is in addition to any other authority of the
Inspector General to hire personal services contractors.
FUNDING TABLES
Sec. 1808. (a) Funds provided in this Act for the following
accounts shall be made available for programs and countries in
the amounts contained in the respective tables included in the
report accompanying this Act:
``Diplomatic and Consular Programs''.
``Economic Support Fund''.
``Democracy Fund''.
``International Narcotics Control and Law
Enforcement''.
``Migration and Refugee Assistance''.
(b) Any proposed increases or decreases to the amounts
contained in the tables in the accompanying report shall be
subject to the regular notification procedures of the
Committees on Appropriations and section 634A of the Foreign
Assistance Act of 1961.
SPENDING PLAN AND NOTIFICATION PROCEDURES
Sec. 1809. Not later than 45 days after enactment of this
Act the Secretary of State shall submit to the Committees on
Appropriations a report detailing planned expenditures for
funds appropriated under the headings in this chapter, except
for funds appropriated under the heading ``International
Disaster and Famine Assistance'': Provided, That funds
appropriated under the headings in this chapter, except for
funds appropriated under the heading named in this section,
shall be subject to the regular notification procedures of the
Committees on Appropriations.
CONDITIONS ON ASSISTANCE FOR PAKISTAN
Sec. 1810. None of the funds made available for assistance
for the central Government of Pakistan under the heading
``Economic Support Fund'' in this title may be made available
for non-project assistance until the Secretary of State submits
to the Committees on Appropriations a report on the oversight
mechanisms, performance benchmarks, and implementation
processes for such funds: Provided, That notwithstanding any
other provision of law, funds made available for non-project
assistance pursuant to the previous proviso shall be subject to
the regular notification procedures of the Committees on
Appropriations: Provided further, That of the funds made
available for assistance for Pakistan under the heading
``Economic Support Fund'' in this title, $5,000,000 shall be
made available for the Human Rights and Democracy Fund of the
Bureau of Democracy, Human Rights, and Labor, Department of
State, for political party development and election observation
programs.
CIVILIAN RESERVE CORPS
Sec. 1811. Of the funds appropriated by this Act under the
heading ``Diplomatic and Consular Programs'', up to $50,000,000
may be made available to support and maintain a civilian
reserve corps: Provided, That none of the funds for a civilian
reserve corps may be obligated without specific authorization
in a subsequent Act of Congress: Provided further, That funds
made available under this section shall be subject to the
regular notification procedures of the Committees on
Appropriations.
COORDINATOR FOR IRAQ ASSISTANCE
Sec. 1812. (a) Coordinator for Iraq Assistance.--Not later
than 30 days after the date of the enactment of this Act, the
President shall appoint a Coordinator for Iraq Assistance
(hereinafter in this section referred to as the
``Coordinator''), by and with the advice and consent of the
Senate, who shall report directly to the President.
(b) Duties.--The Coordinator shall be responsible for--
(1) Developing and implementing an overall strategy
for political, economic, and military assistance for
Iraq;
(2) Coordinating and ensuring coherence of Iraq
assistance programs and policy among all departments
and agencies of the Government of the United States
that are implementing assistance programs in Iraq,
including the Department of State, the United States
Agency for International Development, the Department of
Defense, the Department of the Treasury, and the
Department of Justice;
(3) Working with the Government of Iraq in meeting
the benchmarks described in section 1904(a) of this Act
in order to ensure Iraq continues to be eligible to
receive United States assistance described in such
section;
(4) Coordinating with other donors and
international organizations that are providing
assistance for Iraq;
(5) Ensuring adequate management and accountability
of United States assistance programs for Iraq;
(6) Resolving policy and program disputes among
departments and agencies of the United States
Government that are implementing assistance programs in
Iraq; and
(7) Coordinating United States assistance programs
with the reconstruction programs funded and implemented
by the Government of Iraq.
(c) Rank and Status.--The Coordinator shall have the rank
and status of ambassador.
CHAPTER 9
GENERAL PROVISIONS--THIS TITLE
Sec. 1901. (a) Congress finds that it is Defense Department
policy that units should not be deployed for combat unless they
are rated ``fully mission capable''.
(b) None of the funds appropriated or otherwise made
available in this or any other Act may be used to deploy any
unit of the Armed Forces to Iraq unless the chief of the
military department concerned has certified in writing to the
Committees on Appropriations and the Committees on Armed
Services at least 15 days in advance of the deployment that the
unit is fully mission capable.
(c) For purposes of subsection (b), the term ``fully
mission capable'' means capable of performing assigned mission
essential tasks to prescribed standards under the conditions
expected in the theater of operations, consistent with the
guidelines set forth in the Department of Defense readiness
reporting system.
(d) The President, by certifying in writing to the
Committees on Appropriations and the Committees on Armed
Services that the deployment to Iraq of a unit that is not
assessed fully mission capable is required for reasons of
national security and by submitting along with the
certification a report in classified and unclassified form
detailing the particular reason or reasons why the unit's
deployment is necessary despite the chief of the military
department's assessment that the unit is not fully mission
capable, may waive the limitation prescribed in subsection (b)
on a unit-by-unit basis.
Sec. 1902. (a) Congress finds that it is Defense Department
policy that Army, Army Reserve, and National Guard units should
not be deployed for combat beyond 365 days or that Marine Corps
and Marine Corps Reserve units should not be deployed for
combat beyond 210 days.
(b) None of the funds appropriated or otherwise made
available in this or any other Act may be obligated or expended
to initiate the development of, continue the development of, or
execute any order that has the effect of extending the
deployment for Operation Iraqi Freedom of--
(1) any unit of the Army, Army Reserve or Army
National Guard beyond 365 days; or
(2) any unit of the Marine Corps or Marine Corps
Reserve beyond 210 days.
(c) The limitation prescribed in subsection (b) shall not
be construed to require force levels in Iraq to be decreased
below the total United States force levels in Iraq prior to
January 10, 2007.
(d) The President, by certifying in writing to the
Committees on Appropriations and the Committees on Armed
Services that the extension of a unit's deployment in Iraq
beyond the periods specified in subsection (b) is required for
reasons of national security and by submitting along with the
certification a report in classified and unclassified form
detailing the particular reason or reasons why the unit's
extended deployment is necessary, may waive the limitations
prescribed in subsection (b) on a unit-by-unit basis.
Sec. 1903. (a) Congress finds that it is Defense Department
policy that Army, Army Reserve, and National Guard units should
not be redeployed for combat if the unit has been deployed
within the previous 365 consecutive days or that Marine Corps
and Marine Corps Reserve units should not be redeployed for
combat if the unit has been deployed within the previous 210
days.
(b) None of the funds appropriated or otherwise made
available in this or any other Act may be obligated or expended
to initiate the development of, continue the development of, or
execute any order that has the effect of deploying for
Operation Iraqi Freedom of--
(1) any unit of the Army, Army Reserve or Army
National Guard if such unit has been deployed within
the previous 365 consecutive days; or
(2) any unit of the Marine Corps or Marine Corps
Reserve if such unit has been deployed within the
previous 210 consecutive days.
(c) The limitation prescribed in subsection (b) shall not
be construed to require force levels in Iraq to be decreased
below the total United States force levels in Iraq prior to
January 10, 2007.
(d) The President, by certifying in writing to the
Committees on Appropriations and the Committees on Armed
Services that the redeployment of a unit to Iraq in advance of
the periods specified in subsection (b) is required for reasons
of national security and by submitting along with the
certification a report in classified and unclassified form
detailing the particular reason or reasons why the unit's
redeployment is necessary, may waive the limitations prescribed
in subsection (b) on a unit-by-unit basis.
Sec. 1904. (a) The President shall make and transmit to
Congress the following determinations, along with reports in
classified and unclassified form detailing the basis for each
determination, on or before July 1, 2007:
(1) whether the Government of Iraq has given United
States Armed Forces and Iraqi Security Forces the
authority to pursue all extremists, including Sunni
insurgents and Shiite militias, and is making
substantial progress in delivering necessary Iraqi
Security Forces for Baghdad and protecting such Forces
from political interference; intensifying efforts to
build balanced security forces throughout Iraq that
provide even-handed security for all Iraqis; ensuring
that Iraq's political authorities are not undermining
or making false accusations against members of the
Iraqi Security Forces; eliminating militia control of
local security; establishing a strong militia
disarmament program; ensuring fair and just enforcement
of laws; establishing political, media, economic, and
service committees in support of the Baghdad Security
Plan; and eradicating safe havens;
(2) whether the Government of Iraq is making
substantial progress in meeting its commitment to
pursue reconciliation initiatives, including enactment
of a hydro-carbon law; adoption of legislation
necessary for the conduct of provincial and local
elections; reform of current laws governing the de-
Baathification process; amendment of the Constitution
of Iraq; and allocation of Iraqi revenues for
reconstruction projects;
(3) whether the Government of Iraq and United
States Armed Forces are making substantial progress in
reducing the level of sectarian violence in Iraq; and
(4) whether the Government of Iraq is ensuring the
rights of minority political parties in the Iraqi
Parliament are protected.
(b) If the President fails to make any of the
determinations specified in subsection (a), the Secretary of
Defense shall commence the redeployment of the Armed Forces
from Iraq no later than July 1, 2007, with a goal of completing
such redeployment within 180 days.
(c) If the President makes the determinations specified in
subsection (a), the Secretary of Defense shall commence the
redeployment of the Armed Forces from Iraq not later than
October 1, 2007, with a goal of completing such redeployment
within 180 days.
(d) Notwithstanding any other provision of law, funds
appropriated or otherwise made available in this or any other
Act are immediately available for obligation and expenditure to
plan and execute a safe and orderly redeployment of the Armed
Forces from Iraq, as specified in subsections (b) and (c).
(e) After the conclusion of the redeployment specified in
subsections (b) and (c), the Secretary of Defense may not
deploy or maintain members of the Armed Forces in Iraq for any
purpose other than the following:
(1) Protecting American diplomatic facilities and
American citizens, including members of the U.S. armed
forces;
(2) Serving in roles consistent with customary
diplomatic positions;
(3) Engaging in targeted special actions limited in
duration and scope to killing or capturing members of
al-Qaeda and other terrorist organizations with global
reach; and
(4) Training and equipping members of the Iraqi
Security Forces.
(f) Notwithstanding any other provision of law, 50 percent
of the funds appropriated by title I of this Act for assistance
to Iraq under each of the headings ``Economic Support Fund''
and ``International Narcotics Control and Law Enforcement''
shall be withheld from obligation until the President has made
a certification to Congress that the Government of Iraq has
enacted a broadly accepted hydro-carbon law that equitably
shares oil revenues among all Iraqis; adopted legislation
necessary for the conduct of provincial and local elections,
taken steps to implement such legislation, and set a schedule
to conduct provincial and local elections; reformed current
laws governing the de-Baathification process to allow for more
equitable treatment of individuals affected by such laws;
amended the Constitution of Iraq consistent with the principles
contained in Article 137 of such constitution; and allocated
and begun expenditure of $10,000,000,000 in Iraqi revenues for
reconstruction projects, including delivery of essential
services, on an equitable basis.
(g) The requirement to withhold funds from obligation
pursuant to subsection (f) shall not apply with respect to
funds made available under the heading ``Economic Support
Fund'' for continued support for the Community Action Program
and Community Stabilization Program in Iraq administered by the
United States Agency for International Development or for
programs and activities to promote democracy in Iraq.
(h) Beginning on September 1, 2007, and every 60 days
thereafter, the Commander, Multi-National Forces--Iraq and the
United States Ambassador to Iraq shall jointly submit to
Congress a report describing and assessing in detail the
current progress being made by the Government of Iraq regarding
the criteria set forth in subsection (a).
TITLE II
ADDITIONAL HURRICANE DISASTER RELIEF AND RECOVERY
CHAPTER 1
DEPARTMENT OF AGRICULTURE
GENERAL PROVISION--THIS CHAPTER
Sec. 2101. Section 1231(k)(2) of the Food Security Act of
1985 (16 U.S.C. 3831(k)(2)) is amended by striking ``During
calendar year 2006, the'' and inserting ``The''.
CHAPTER 2
DEPARTMENT OF JUSTICE
Office of Justice Programs
STATE AND LOCAL LAW ENFORCEMENT ASSISTANCE
For an additional amount for ``State and Local Law
Enforcement Assistance'', for discretionary grants authorized
by subpart 2 of part E, of title I of the Omnibus Crime Control
and Safe Streets Act of 1968 as in effect on September 30,
2006, notwithstanding the provisions of section 511 of said
Act, $50,000,000, to remain available until expended: Provided,
That the amount made available under this heading shall be for
local law enforcement initiatives in the Gulf Coast region
related to the aftermath of Hurricanes Katrina and Rita:
Provided further, That these funds shall be apportioned among
the States in quotient to their level of violent crime as
estimated by the Federal Bureau of Investigation's Uniform
Crime Report for the year 2005.
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
OPERATIONS, RESEARCH, AND FACILITIES
For an additional amount for ``Operations, Research, and
Facilities'', for necessary expenses related to the
consequences of Hurricanes Katrina and Rita on the shrimp and
fishing industries, $110,000,000, to remain available until
September 30, 2008.
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
EXPLORATION CAPABILITIES
For an additional amount for ``Exploration Capabilities''
for necessary expenses related to the consequences of Hurricane
Katrina, $35,000,000, to remain available until September 30,
2009.
GENERAL PROVISION--THIS CHAPTER
Sec. 2201. Up to $48,000,000 of amounts made available to
the National Aeronautics and Space Administration in Public Law
109-148 and Public Law 109-234 for emergency hurricane and
other natural disaster-related expenses may be used to
reimburse hurricane-related costs incurred by NASA in fiscal
year 2005.
CHAPTER 3
DEPARTMENT OF DEFENSE--CIVIL
DEPARTMENT OF THE ARMY
Corps of Engineers--Civil
CONSTRUCTION
For an additional amount for ``Construction'' for necessary
expenses related to the consequences of Hurricane Katrina and
other hurricanes of the 2005 season, $25,300,000, to remain
available until expended, which may be used to continue
construction of projects related to interior drainage for the
greater New Orleans metropolitan area.
FLOOD CONTROL AND COASTAL EMERGENCIES
For an additional amount for ``Flood Control and Coastal
Emergencies'', as authorized by section 5 of the Act of August
18, 1941 (33 U.S.C. 701n), for necessary expenses relating to
the consequences of Hurricanes Katrina and Rita and for other
purposes, $1,407,700,000, to remain available until expended:
Provided, That $1,300,000,000 of the amount provided may be
used by the Secretary of the Army to carry out projects and
measures for the West Bank and Vicinity and Lake Ponchartrain
and Vicinity, Louisiana, projects, as described under the
heading ``Flood Control and Coastal Emergencies'', in chapter 3
of Public Law 109-148: Provided further, That $107,700,000 of
the amount provided may be used to implement the projects for
hurricane storm damage reduction, flood damage reduction, and
ecosystem restoration within Hancock, Harrison, and Jackson
Counties, Mississippi substantially in accordance with the
Report of the Chief of Engineers dated December 31, 2006, and
entitled ``Mississippi, Coastal Improvements Program Interim
Report, Hancock, Harrison, and Jackson Counties, Mississippi'':
Provided further, That projects authorized for implementation
under this Chief's report shall be carried out at full Federal
expense, except that the non-Federal interests shall be
responsible for providing for all costs associated with
operation and maintenance of the project: Provided further,
That any project using funds appropriated under this heading
shall be initiated only after non-Federal interests have
entered into binding agreements with the Secretary requiring
the non-Federal interests to pay 100 percent of the operation,
maintenance, repair, replacement, and rehabilitation costs of
the project and to hold and save the United States free from
damages due to the construction or operation and maintenance of
the project, except for damages due to the fault or negligence
of the United States or its contractors: Provided further, That
the Chief of Engineers, acting through the Assistant Secretary
of the Army for Civil Works, shall provide a monthly report to
the House and Senate Committees on Appropriations detailing the
allocation and obligation of these funds, beginning not later
than 60 days after enactment of the Act.
GENERAL PROVISIONS--THIS CHAPTER
Sec. 2301. 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. 2302. (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. 2303. The Chief of Engineers shall investigate the
overall technical advantages, disadvantages and operational
effectiveness of operating the new pumping stations at the
mouths of the 17th Street, Orleans Avenue and London Avenue
canals in the New Orleans area directed for construction in
Public Law 109-234 concurrently or in series with existing
pumping stations serving these canals and the advantages,
disadvantages and technical operational effectiveness of
removing the existing pumping stations and configuring the new
pumping stations and associated canals to handle all needed
discharges; and the advantages, disadvantages and technical
operational effectiveness of replacing or improving the
floodwalls and levees adjacent to the three outfall canals:
Provided, That the analysis should be conducted at Federal
expense: Provided further, That the analysis shall be completed
and furnished to the Congress not later than three months after
enactment of this Act.
Sec. 2304. Using funds made available in Chapter 3 under
title II of Public Law 109-234, under the heading
``Investigations'', the Secretary of the Army, in consultation
with other agencies and the State of Louisiana shall accelerate
completion as practicable the final report of the Chief of
Engineers recommending a comprehensive plan to deauthorize deep
draft navigation on the Mississippi River Gulf Outlet:
Provided, That the plan shall incorporate and build upon the
Interim Mississippi River Gulf Outlet Deep-Draft De-
Authorization Report submitted to Congress in December 2006
pursuant to Public Law 109-234.
CHAPTER 4
SMALL BUSINESS ADMINISTRATION
Disaster Loans Program Account
(INCLUDING TRANSFER OF FUNDS)
Of the unobligated balances under the heading ``Small
Business Administration, Disaster Loans Program Account'',
$25,069,000, to remain available until expended, shall be used
for administrative expenses to carry out the disaster loan
program, which may be transferred to and merged with ``Small
Business Administration, Salaries and Expenses''.
Of the unobligated balances under the heading ``Small
Business Administration, Disaster Loans Program Account'',
$25,000,000 shall be used for loans under section 7(b)(2) of
the Small Business Act for businesses located in an area for
which the President declared a major disaster because of the
hurricanes in the Gulf of Mexico in calendar year 2005, of
which not to exceed $8,750,000 is for direct administrative
expenses and may be transferred to and merged with ``Small
Business Administration, Salaries and Expenses'' to carry out
the disaster loan program of the Small Business Administration.
CHAPTER 5
DEPARTMENT OF HOMELAND SECURITY
Federal Emergency Management Agency
DISASTER RELIEF
(INCLUDING TRANSFER OF FUNDS)
For an additional amount for ``Disaster Relief'',
$4,610,000,000, to remain available until expended: Provided,
That $4,000,000 shall be transferred to ``Office of Inspector
General''.
GENERAL PROVISIONS--THIS CHAPTER
Sec. 2501. (a) In General.--Notwithstanding any other
provision of law, including any agreement, the Federal share of
assistance, including direct Federal assistance, provided for
the States of Louisiana, Mississippi, Florida, Alabama, and
Texas in connection with Hurricanes Katrina, Wilma, Dennis, and
Rita under sections 403, 406, 407, and 408 of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5170b, 5172, 5173, and 5174) shall be 100 percent of the
eligible costs under such sections.
(b) Applicability.--The Federal share provided by
subsection (a) shall apply to disaster assistance applied for
before the date of enactment of this Act.
Sec. 2502. (a) Community Disaster Loan Act.--
(1) In general.--Section 2(a) of the Community
Disaster Loan Act of 2005 (Public Law 109-88) is
amended by striking ``Provided further, That
notwithstanding section 417(c)(1) of the Stafford Act,
such loans may not be canceled:''.
(2) Effective date.--The amendment made by
paragraph (1) shall be effective on the date of
enactment of the Community Disaster Loan Act of 2005
(Public Law 109-88).
(b) Emergency Supplemental Appropriations Act.--
(1) In general.--Chapter 4 of title II of the
Emergency Supplemental Appropriations Act for Defense,
the Global War on Terror, and Hurricane Recovery, 2006
(Public Law 109-234) is amended under Federal Emergency
Management Agency, ``Disaster Assistance Direct Loan
Program Account'' by striking ``Provided further, That
notwithstanding section 417(c)(1) of such Act, such
loans may not be canceled:''.
(2) Effective date.--The amendment made by
paragraph (1) shall be effective on the date of
enactment of the Emergency Supplemental Appropriations
Act for Defense, the Global War on Terror, and
Hurricane Recovery, 2006 (Public Law 109-234).
Sec. 2503. (a) In General.--Section 2401 of the Emergency
Supplemental Appropriations Act for Defense, the Global War on
Terror, and Hurricane Recovery, 2006 (Public Law 109-234) is
amended by striking ``12 months'' and inserting ``24 months''.
(b) Effective Date.--The amendment made by this section
shall be effective on the date of enactment of the Emergency
Supplemental Appropriations Act for Defense, the Global War on
Terror, and Hurricane Recovery, 2006 (Public Law 109-234).
CHAPTER 6
DEPARTMENT OF THE INTERIOR
National Park Service
HISTORIC PRESERVATION FUND
For an additional amount for the ``Historic Preservation
Fund'' for necessary expenses related to the consequences of
Hurricane Katrina and other hurricanes of the 2005 season,
$10,000,000, to remain available until September 30, 2008:
Provided, That the funds provided under this heading shall be
provided to the State Historic Preservation Officer, after
consultation with the National Park Service, for grants for
disaster relief in areas of Louisiana impacted by Hurricanes
Katrina or Rita: Provided further, That grants shall be for the
preservation, stabilization, rehabilitation, and repair of
historic properties listed in or eligible for the National
Register of Historic Places, for planning and technical
assistance: Provided further, That grants shall only be
available for areas that the President determines to be a major
disaster under section 102(2) of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C.
5122(2)) due to Hurricanes Katrina or Rita: Provided further,
That individual grants shall not be subject to a non-Federal
matching requirement: Provided further, That no more than 5
percent of funds provided under this heading for disaster
relief grants may be used for administrative expenses.
GENERAL PROVISION--THIS CHAPTER
(INCLUDING TRANSFER OF FUNDS)
Sec. 2601. Of the disaster relief funds from Public Law
109-234, 120 Stat. 418, 461, (June 30, 2006), chapter 5,
``National Park Service--Historic Preservation Fund'', for
necessary expenses related to the consequences of Hurricane
Katrina and other hurricanes of the 2005 season that were
allocated to the State of Mississippi by the National Park
Service, $500,000 is hereby transferred to the ``National Park
Service--National Recreation and Preservation'' appropriation:
Provided, That these funds may be used to reconstruct destroyed
properties that at the time of destruction were listed in the
National Register of Historic Places and are otherwise
qualified to receive these funds: Provided further, That the
State Historic Preservation Officer certifies that, for the
community where that destroyed property was located, the
property is iconic to or essential to illustrating that
community's historic identity, that no other property in that
community with the same associative historic value has
survived, and that sufficient historical documentation exists
to ensure an accurate reproduction.
CHAPTER 7
DEPARTMENT OF EDUCATION
Higher Education
For an additional amount under part B of title VII of the
Higher Education Act of 1965 (``HEA'') for institutions of
higher education (as defined in section 101 or section 102(c)
of that Act) that are located in an area in which a major
disaster was declared in accordance with section 401 of the
Robert T. Stafford Disaster Relief and Emergency Assistance Act
related to Hurricanes Katrina or Rita, $30,000,000: Provided,
That such funds shall be available to the Secretary of
Education only for payments to help defray the expenses (which
may include lost revenue, reimbursement for expenses already
incurred, and construction) incurred by such institutions of
higher education that were forced to close, relocate or
significantly curtail their activities as a result of damage
directly caused by such hurricanes and for payments to enable
such institutions to provide grants to students who attend such
institutions for academic years beginning on or after July 1,
2006: Provided further, That such payments shall be made in
accordance with criteria established by the Secretary and made
publicly available without regard to section 437 of the General
Education Provisions Act, section 553 of title 5, United States
Code, or part B of title VII of the HEA.
Hurricane Education Recovery
For carrying out activities authorized by subpart 1 of part
D of title V of the Elementary and Secondary Education Act of
1965, $30,000,000, to remain available until expended, for use
by the States of Louisiana, Mississippi, and Alabama primarily
for recruiting, retaining, and compensating new and current
teachers, school principals, assistant principals, principal
resident directors, assistant directors, and other educators,
who commit to work for at least three years in school-based
positions in public elementary and secondary schools located in
an area with respect to which a major disaster was declared
under section 401 of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5170) by reason of
Hurricane Katrina or Hurricane Rita, including through such
mechanisms as paying salary premiums, performance bonuses,
housing subsidies, signing bonuses, and relocation costs and
providing loan forgiveness, with priority given to teachers and
school-based school principals, assistant principals, principal
resident directors, assistant directors, and other educators
who previously worked or lived in one of the affected areas,
are currently employed (or become employed) in such a school in
any of the affected areas after those disasters, and commit to
continue that employment for at least 3 years, Provided, That
funds available under this heading to such States may also be
used for 1 or more of the following activities: (1) to build
the capacity, knowledge, and skill of teachers and school-based
school principals, assistant principals, principal resident
directors, assistant directors, and other educators in such
public elementary and secondary schools to provide an effective
education, including the design, adaptation, and implementation
of high-quality formative assessments; (2) the establishment of
partnerships with nonprofit entities with a demonstrated track
record in recruiting and retaining outstanding teachers and
other school-based school principals, assistant principals,
principal resident directors, and assistant directors; and (3)
paid release time for teachers and principals to identify and
replicate successful practices from the fastest-improving and
highest-performing schools: Provided further, That the
Secretary of Education shall allocate amounts available under
this heading among such States that submit applications; that
such allocation shall be based on the number of public
elementary and secondary schools in each State that were closed
for 19 days or more during the period beginning on August 29,
2005, and ending on December 31, 2005, due to Hurricane Katrina
or Hurricane Rita; and that such States shall in turn allocate
funds to local educational agencies, with priority given first
to such agencies with the highest percentages of public
elementary and secondary schools that are closed as a result of
such hurricanes as of the date of enactment of this Act and
then to such agencies with the highest percentages of public
elementary and secondary schools with a student-teacher ratio
of at least 25 to 1, and with any remaining amounts to be
distributed to such agencies with demonstrated need, as
determined by the State Superintendent of Education: Provided
further, That, in the case of any State that chooses to use
amounts available under this heading for performance bonuses,
not later than 60 days after the date of enactment of this Act,
and in collaboration with local educational agencies, teachers'
unions, local principals' organizations, local parents'
organizations, local business organizations, and local charter
schools organizations, the State educational agency shall
develop a plan for a rating system for performance bonuses, and
if no agreement has been reached that is satisfactory to all
consulting entities by such deadline, the State educational
agency shall immediately send a letter notifying Congress and
shall, not later than 30 days after such notification,
establish and implement a rating system that shall be based on
classroom observation and feedback more than once annually,
conducted by multiple sources (including, but not limited to,
principals and master teachers), and evaluated against
research-based rubrics that use planning, instructional, and
learning environment standards to measure teacher performance,
except that the requirements of this proviso shall not apply to
a State that has enacted a State law in 2006 authorizing
performance pay for teachers.
PROGRAMS TO RESTART SCHOOL OPERATIONS
Funds made available under section 102 of the Hurricane
Education Recovery Act (title IV of division B of Public Law
109-148) may be used by the States of Louisiana, Mississippi,
Alabama, and Texas, in addition to the uses of funds described
in section 102(e), for the following costs: (1) recruiting,
retaining, and compensating new and current teachers, school
principals, assistant principals, principal resident directors,
assistant directors, and other educators for school-based
positions in public elementary and secondary schools impacted
by Hurricane Katrina or Hurricane Rita, including through such
mechanisms as paying salary premiums, performance bonuses,
housing subsidies, signing bonuses, and relocation costs and
providing loan forgiveness; (2) activities to build the
capacity, knowledge, and skills of teachers and school-based
school principals, assistant principals, principal resident
directors, assistant directors, and other educators in such
public elementary and secondary schools to provide an effective
education, including the design, adaptation, and implementation
of high-quality formative assessments; (3) the establishment of
partnerships with nonprofit entities with a demonstrated track
record in recruiting and retaining outstanding teachers and
school-based school principals, assistant principals, principal
resident directors, and assistant directors; and (4) paid
release time for teachers and principals to identify and
replicate successful practices from the fastest-improving and
highest-performing schools.
GENERAL PROVISIONS--THIS CHAPTER
Sec. 2701. Section 105(b) of title IV of division B of
Public Law 109-148 is amended by adding at the end the
following new sentence: ``With respect to the program
authorized by section 102 of this Act, the waiver authority in
subsection (a) of this section shall be available until the end
of fiscal year 2008.''
Sec. 2702. 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. 2703. (a) In the event that Louisiana, Mississippi,
Alabama, or Texas fails to meet its match requirement with
funds appropriated in fiscal years 2006 or 2007, for fiscal
years 2008 and 2009, the Secretary of Health and Human Services
may waive the application of section 2617(d)(4) of the Public
Health Service Act for Louisiana, Mississippi, Alabama, and
Texas.
(b) The Secretary may not exercise the waiver authority
available under subsection (a) to allow a grantee to provide
less than a 25 percent matching grant.
(c) For grant years beginning in 2008, Louisiana,
Mississippi, Alabama, and Texas and any eligible metropolitan
area in Louisiana, Mississippi, Alabama, and Texas shall comply
with each of the applicable requirements under title XXVI of
the Public Health Service Act (42 U.S.C. 300ff-11 et seq.).
CHAPTER 8
DEPARTMENT OF TRANSPORTATION
Federal Highway Administration
FEDERAL-AID HIGHWAYS
EMERGENCY RELIEF PROGRAM
(INCLUDING RESCISSION OF FUNDS)
For an additional amount for the Emergency Relief Program
as authorized under section 125 of title 23, United States
Code, $682,942,000, to remain available until expended:
Provided, That section 125(d)(1) of title 23, United States
Code, shall not apply to emergency relief projects that respond
to damage caused by the 2005-2006 winter storms in the State of
California: Provided further, That of the unobligated balances
of funds apportioned to each State under chapter 1 of title 23,
United States Code, $682,942,000 are rescinded: Provided
further, That such rescission shall not apply to the funds
distributed in accordance with sections 130(f) and 104(b)(5) of
title 23, United States Code; sections 133(d)(1) and 163 of
such title, as in effect on the day before the date of
enactment of Public Law 109-59; and the first sentence of
section 133(d)(3)(A) of such title.
Federal Transit Administration
FORMULA GRANTS
For an additional amount to be allocated by the Secretary
to recipients of assistance under chapter 53 of title 49,
United States Code, directly affected by Hurricanes Katrina and
Rita, $35,000,000, for the operating and capital costs of
transit services, to remain available until expended: Provided,
That the Federal share for any project funded from this amount
shall be 100 percent.
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
Office of Inspector General
For an additional amount for the Office of Inspector
General, for the necessary costs related to the consequences of
Hurricanes Katrina and Rita, $7,000,000, to remain available
until expended.
GENERAL PROVISIONS--THIS CHAPTER
Sec. 2801. 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. 2802. Section 21033 of the Continuing Appropriations
Resolution, 2007 (division B of Public Law 109-289, as amended
by Public Law 110-5) is amended by adding after the third
proviso: ``: Provided further, That notwithstanding the
previous proviso, except for applying the 2007 Annual
Adjustment Factor and making any other specified adjustments,
public housing agencies specified in category 1 below shall
receive funding for calendar year 2007 based on the higher of
the amounts the agencies would receive under the previous
proviso or the amounts the agencies received in calendar year
2006, and public housing agencies specified in categories 2 and
3 below shall receive funding for calendar year 2007 equal to
the amounts the agencies received in calendar year 2006, except
that public housing agencies specified in categories 1 and 2
below shall receive funding under this proviso only if, and to
the extent that, any such public housing agency submits a plan,
approved by the Secretary, that demonstrates that the agency
can effectively use within 12 months the funding that the
agency would receive under this proviso that is in addition to
the funding that the agency would receive under the previous
proviso: (1) public housing agencies that are eligible for
assistance under section 901 in Public Law 109-148 (119 Stat.
2781) or are located in the same counties as those eligible
under section 901 and operate voucher programs under section
8(o) of the U.S. Housing Act of 1937 but do not operate public
housing under section 9 of such Act, and any public housing
agency that otherwise qualifies under this category must
demonstrate that they have experienced a loss of rental housing
stock as a result of the 2005 hurricanes; (2) public housing
agencies that would receive less funding under the previous
proviso than they would receive under this proviso and that
have been placed in receivership or the Secretary has declared
to be in breach of an Annual Contributions Contract by June 1,
2007; and (3) public housing agencies that spent more in
calendar year 2006 than the total of the amounts of any such
public housing agency's allocation amount for calendar year
2006 and the amount of any such public housing agency's
available housing assistance payments undesignated funds
balance from calendar year 2005 and the amount of any such
public housing agency's available administrative fees
undesignated funds balance through calendar year 2006''.
Sec. 2803. Section 901 of Public Law 109-148 is amended by
deleting ``calendar year 2006'' and inserting ``calendar years
2006 and 2007''.
TITLE III
OTHER EMERGENCY APPROPRIATIONS
CHAPTER 1
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 2
DEPARTMENT OF DEFENSE--CIVIL
DEPARTMENT OF THE ARMY
Corps of Engineers--Civil
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, $150,000,000, to
remain available until expended: Provided, That the Chief of
Engineers, acting through the Assistant Secretary of the Army
for Civil Works, shall provide a monthly report to the House
and Senate Committees on Appropriations detailing the
allocation and obligation of these funds, beginning not later
than 60 days after enactment of the Act.
DEPARTMENT OF THE INTERIOR
Bureau of Reclamation
WATER AND RELATED RESOURCES
For an additional amount for ``Water and Related
Resources'', $18,000,000, to remain available until expended
for drought assistance: Provided, That drought assistance may
be provided under the Reclamation States Drought Emergency Act
or other applicable Reclamation authorities to assist drought
plagued areas of the West.
CHAPTER 3
DEPARTMENT OF THE INTERIOR
Bureau of Land Management
WILDLAND FIRE MANAGEMENT
(INCLUDING TRANSFER OF FUNDS)
For an additional amount for ``Wildland Fire Management'',
$100,000,000, to remain available until expended, for urgent
wildland fire suppression activities: Provided, That such funds
shall only become available if funds previously provided for
wildland fire suppression will be exhausted imminently and the
Secretary of the Interior notifies the House and Senate
Committees on Appropriations in writing of the need for these
additional funds: Provided further, That such funds are also
available for repayment to other appropriations accounts from
which funds were transferred for wildfire suppression.
United States Fish and Wildlife Service
RESOURCE MANAGEMENT
For an additional amount for ``Resource Management'' for
the detection of highly pathogenic avian influenza in wild
birds, including the investigation of morbidity and mortality
events, targeted surveillance in live wild birds, and targeted
surveillance in hunter-taken birds, $7,398,000, to remain
available until September 30, 2008.
National Park Service
OPERATION OF THE NATIONAL PARK SYSTEM
For an additional amount for ``Operation of the National
Park System'' for the detection of highly pathogenic avian
influenza in wild birds, including the investigation of
morbidity and mortality events, $525,000, to remain available
until September 30, 2008.
United States Geological Survey
SURVEYS, INVESTIGATIONS, AND RESEARCH
For an additional amount for ``Surveys, Investigations, and
Research'' for the detection of highly pathogenic avian
influenza in wild birds, including the investigation of
morbidity and mortality events, targeted surveillance in live
wild birds, and targeted surveillance in hunter-taken birds,
$5,270,000, to remain available until September 30, 2008.
DEPARTMENT OF AGRICULTURE
Forest Service
NATIONAL FOREST SYSTEM
For an additional amount for ``National Forest System'' for
the implementation of a nationwide initiative to increase
protection of national forest lands from drug-trafficking
organizations, including funding for additional law enforcement
personnel, training, equipment and cooperative agreements,
$12,000,000, to remain available until expended.
WILDLAND FIRE MANAGEMENT
(INCLUDING TRANSFER OF FUNDS)
For an additional amount for ``Wildland Fire Management'',
$400,000,000, to remain available until expended, for urgent
wildland fire suppression activities: Provided, That such funds
shall only become available if funds provided previously for
wildland fire suppression will be exhausted imminently and the
Secretary of Agriculture notifies the House and Senate
Committees on Appropriations in writing of the need for these
additional funds: Provided further, That such funds are also
available for repayment to other appropriation accounts from
which funds were transferred for wildfire suppression.
GENERAL PROVISION--THIS CHAPTER
Sec. 3301. (a) For fiscal year 2007, payments shall be made
from any revenues, fees, penalties, or miscellaneous receipts
described in sections 102(b)(3) and 103(b)(2) of the Secure
Rural Schools and Community Self-Determination Act of 2000
(Public Law 106-393; 16 U.S.C. 500 note), not to exceed
$100,000,000, and the payments shall be made, to the maximum
extent practicable, in the same amounts, for the same purposes,
and in the same manner as were made to States and counties in
2006 under that Act.
(b) There is appropriated $425,000,000, to remain available
until December 31, 2007, to be used to cover any shortfall for
payments made under this section from funds not otherwise
appropriated.
(c) Titles II and III of Public Law 106-393 are amended,
effective September 30, 2006, by striking ``2006'' and ``2007''
each place they appear and inserting ``2007'' and ``2008'',
respectively.
CHAPTER 4
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Centers for Disease Control and Prevention
DISEASE CONTROL, RESEARCH AND TRAINING
For an additional amount for ``Department of Health and
Human Services, Centers for Disease Control and Prevention,
Disease Control, Research and Training'', to carry out section
501 of the Federal Mine Safety and Health Act of 1977 and
section 6 of the Mine Improvement and New Emergency Response
Act of 2006, $13,000,000 for research to develop mine safety
technology, including necessary repairs and improvements to
leased laboratories: Provided, That progress reports on
technology development shall be submitted to the House and
Senate Committees on Appropriations and the Committee on
Health, Education, Labor and Pensions of the Senate and the
Committee on Education and Labor of the House of
Representatives on a quarterly basis: Provided further, That
the amount provided under this heading shall remain available
until September 30, 2008.
For an additional amount for ``Department of Health and
Human Services, Centers for Disease Control and Prevention,
Disease Control, Research and Training'', to carry out
activities under section 5011(b) of the Emergency Supplemental
Appropriations Act to Address Hurricanes in the Gulf of Mexico
and Pandemic Influenza, 2006 (Public Law 109-148), $50,000,000,
to remain available until expended.
Administration for Children and Families
LOW-INCOME HOME ENERGY ASSISTANCE
For an additional amount for ``Low-Income Home Energy
Assistance'' under section 2604(a) through (d) of the Low-
Income Home Energy Assistance Act of 1981 (42 U.S.C. 8623(a)
through (d)), $200,000,000.
For an additional amount for ``Low-Income Home Energy
Assistance'' under section 2604(e) of the Low-Income Home
Energy Assistance Act of 1981 (42 U.S.C. 8623(e)),
$200,000,000.
Office of the Secretary
PUBLIC HEALTH AND SOCIAL SERVICES EMERGENCY FUND
(INCLUDING TRANSFER OF FUNDS)
For an additional amount for ``Public Health and Social
Services Emergency Fund'' to prepare for and respond to an
influenza pandemic, $625,000,000, to remain available until
expended: Provided, That this amount shall be for activities
including the development and purchase of vaccine, antivirals,
necessary medical supplies, diagnostics, and other surveillance
tools: Provided further, That products purchased with these
funds may, at the discretion of the Secretary of Health and
Human Services, be deposited in the Strategic National
Stockpile: Provided further, That notwithstanding section
496(b) of the Public Health Service Act, funds may be used for
the construction or renovation of privately owned facilities
for the production of pandemic vaccine and other biologicals,
where the Secretary finds such a contract necessary to secure
sufficient supplies of such vaccines or biologicals: Provided
further, That funds appropriated herein may be transferred to
other appropriation accounts of the Department of Health and
Human Services, as determined by the Secretary to be
appropriate, to be used for the purposes specified in this
sentence.
COVERED COUNTERMEASURE PROCESS FUND
For carrying out section 319F-4 of the Public Health
Service Act (42 U.S.C. 247d-6e) to compensate individuals for
injuries caused by H5N1 vaccine, in accordance with the
declaration regarding avian influenza viruses issued by the
Secretary of Health and Human Services on January 26, 2007,
pursuant to section 319F-3(b) of such Act (42 U.S.C. 247d-
6d(b)), $25,000,000, to remain available until expended.
GENERAL PROVISIONS--THIS CHAPTER
(INCLUDING RESCISSIONS)
Sec. 3401. (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. 3402. (a) For an additional amount under ``Department
of Education, Safe Schools and Citizenship Education'',
$8,594,000 shall be available for Safe and Drug-Free Schools
National Programs for competitive grants to local educational
agencies to address youth violence and related issues.
(b) The competition under subsection (a) shall be limited
to local educational agencies that operate schools currently
identified as persistently dangerous under section 9532 of the
Elementary and Secondary Education Act of 1965.
CHAPTER 5
LEGISLATIVE BRANCH
ARCHITECT OF THE CAPITOL
Capitol Power Plant
For an additional amount for ``Capitol Power Plant'',
$50,000,000, for utility tunnel repairs and asbestos abatement,
to remain available until September 30, 2011: Provided, That
the Architect of the Capitol may not obligate any of the funds
appropriated under this heading without approval of an
obligation plan by the Committees on Appropriations of the
Senate and House of Representatives.
CHAPTER 6
DEPARTMENT OF VETERANS AFFAIRS
Veterans Health Administration
MEDICAL SERVICES
For an additional amount for ``Medical Services'',
$466,778,000, to remain available until expended, of which
$30,000,000 shall be for the establishment of at least one new
Level I comprehensive polytrauma center; $9,440,000 shall be
for the establishment of polytrauma residential transitional
rehabilitation programs; $10,000,000 shall be for additional
transition caseworkers; $20,000,000 shall be for substance
abuse treatment programs; $20,000,000 shall be for readjustment
counseling; $10,000,000 shall be for blind rehabilitation
services; $100,000,000 shall be for enhancements to mental
health services; $8,000,000 shall be for polytrauma support
clinic teams; $5,356,000 shall be for additional polytrauma
points of contact; $228,982,000 shall be for treatment of
Operation Enduring Freedom and Operation Iraqi Freedom
veterans; and $25,000,000 shall be for prosthetics.
MEDICAL ADMINISTRATION
For an additional amount for ``Medical Administration'',
$250,000,000, to remain available until expended.
MEDICAL FACILITIES
For an additional amount for ``Medical Facilities'',
$595,000,000, to remain available until expended, of which
$45,000,000 shall be used for facility and equipment upgrades
at the Department of Veterans Affairs polytrauma network sites;
and $550,000,000 shall be for non-recurring maintenance as
identified in the Department of Veterans Affairs Facility
Condition Assessment report: Provided, That the amount provided
under this heading for non-recurring maintenance shall be
allocated in a manner not subject to the Veterans Equitable
Resource Allocation: Provided further, That within 30 days of
enactment of this Act the Secretary shall submit to the
Committees on Appropriations of both Houses of Congress an
expenditure plan, by project, for non-recurring maintenance
prior to obligation: Provided further, That semi-annually, on
October 1 and April 1, the Secretary shall submit to the
Committees on Appropriations of both Houses of Congress a
report on the status of funding for non-recurring maintenance,
including obligations and unobligated balances for each project
identified in the expenditure plan.
MEDICAL AND PROSTHETIC RESEARCH
For an additional amount for ``Medical and Prosthetic
Research'', $32,500,000, to remain available until expended,
which shall be used for research related to the unique medical
needs of returning Operation Enduring Freedom and Operation
Iraqi Freedom veterans.
Departmental Administration
GENERAL OPERATING EXPENSES
(INCLUDING TRANSFER OF FUNDS)
For an additional amount for ``General Operating
Expenses'', $83,200,000, to remain available until expended, of
which $1,250,000 shall be for digitization of military records;
$60,750,000 shall be for expenses related to hiring and
training new claims processing personnel; up to $1,200,000 for
an independent study of the organizational structure,
management and coordination processes, including seamless
transition, utilized by the Department of Veterans Affairs to
provide health care and benefits to active duty personnel and
veterans, including those returning Operation Enduring Freedom
and Operation Iraqi Freedom veterans; and $20,000,000 shall be
for disability examinations: Provided, That not to exceed
$1,250,000 of the amount appropriated under this heading may be
transferred to the Department of Defense for the digitization
of military records used to verify stressors for benefits
claims.
INFORMATION TECHNOLOGY SYSTEMS
For an additional amount for ``Information Technology
Systems'', $35,100,000, to remain available until expended, of
which $20,000,000 shall be for information technology support
and improvements for processing of Operation Enduring Freedom
and Operation Iraqi Freedom veterans benefits claims, including
making electronic Department of Defense medical records
available for claims processing and enabling electronic
benefits applications by veterans; and $15,100,000 shall be for
electronic data breach remediation and prevention.
CONSTRUCTION, MINOR PROJECTS
For an additional amount for ``Construction, Minor
Projects'', $326,000,000, to remain available until expended,
of which up to $36,000,000 shall be for construction costs
associated with the establishment of polytrauma residential
transitional rehabilitation programs.
GENERAL PROVISIONS--THIS CHAPTER
Sec. 3601. The Director of the Congressional Budget Office
shall, not later than November 15, 2007, submit to the
Committees on Appropriations of the House of Representatives
and the Senate a report projecting appropriations necessary for
the Departments of Defense and Veterans Affairs to continue
providing necessary health care to veterans of the conflicts in
Iraq and Afghanistan. The projections should span several
scenarios for the duration and number of forces deployed in
Iraq and Afghanistan, and more generally, for the long-term
health care needs of deployed troops engaged in the global war
on terrorism over the next ten years.
Sec. 3602. 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. 3603. (a)(1) Notwithstanding any other provision of
law, the Secretary of Veterans Affairs (referred to in this
section as the ``Secretary'') may convey to the State of Texas,
without consideration, all right, title, and interest of the
United States in and to the parcel of real property comprising
the location of the Marlin, Texas, Department of Veterans
Affairs Medical Center.
(2) The property conveyed under paragraph (1) shall be used
by the State of Texas for the purposes of a prison.
(b) In carrying out the conveyance under subsection (a),
the Secretary--
(1) shall not be required to comply with, and shall
not be held liable under, any Federal law (including a
regulation) relating to the environment or historic
preservation; but
(2) may, at the discretion of the Secretary,
conduct environmental cleanup on the parcel to be
conveyed, at a cost not to exceed $500,000, using
amounts made available for environmental cleanup of
sites under the jurisdiction of the Secretary.
TITLE IV
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. 4101. 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. 4102. None of the funds made available to the
Department of Agriculture for fiscal year 2007 may be used to
implement the risk-based inspection program in the 30 prototype
locations announced on February 22, 2007, by the Under
Secretary for Food Safety, or at any other locations, until the
USDA Office of Inspector General has provided its findings to
the Food Safety and Inspection Service and the Committees on
Appropriations of the House of Representatives and the Senate
on the data used in support of the development and design of
the risk-based inspection program and FSIS has addressed and
resolved issues identified by OIG.
CHAPTER 2
GENERAL PROVISIONS--THIS CHAPTER
Sec. 4201. 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. 4202. Prohibition on Certain Uses of Funds by BPA.
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. 4301. (a) Section 102(a)(3)(B) of the Help America
Vote Act of 2002 (42 U.S.C. 15302(a)(3)(B)) is amended by
striking ``January 1, 2006'' and inserting ``March 1, 2008''.
(b) The amendment made by subsection (a) shall take effect
as if included in the enactment of the Help America Vote Act of
2002.
Sec. 4302. 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. 4303. 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. 4304. Notwithstanding the notice requirement of the
Transportation, Treasury, Housing and Urban Development, the
Judiciary, the District of Columbia, and Independent Agencies
Appropriations Act, 2006, 119 Stat. 2509 (Public Law 109-115),
as continued in section 104 of the Continuing Appropriations
Resolution, 2007 (Public Law 110-5), the District of Columbia
Courts may reallocate not more than $1,000,000 of the funds
provided for fiscal year 2007 under the Federal Payment to the
District of Columbia Courts for facilities among the items and
entities funded under that heading for operations.
Sec. 4305. (a) Not later than 90 days after the date of
enactment of this Act, the Secretary of the Treasury, in
coordination with the Securities and Exchange Commission and in
consultation with the Departments of State and Energy, shall
prepare and submit to the Senate Committee on Appropriations,
the House Committee on Appropriations, the Senate Committee on
Banking, Housing, and Urban Affairs, the House Committee on
Financial Services, the Senate Foreign Relations Committee, and
the House Foreign Affairs Committee a written report, which may
include a classified annex, containing the names of companies
which either directly or through a parent or subsidiary
company, including partly-owned subsidiaries, are known to
conduct significant business operations in Sudan relating to
natural resource extraction, including oil-related activities
and mining of minerals. The reporting provision shall not apply
to companies operating under licenses from the Office of
Foreign Assets Control or otherwise expressly exempted under
United States law from having to obtain such licenses in order
to operate in Sudan.
(b) Not later than 45 days following the submission to
Congress of the list of companies conducting business
operations in Sudan relating to natural resource extraction as
required above, the General Services Administration shall
determine whether the United States Government has an active
contract for the procurement of goods or services with any of
the identified companies, and provide notification to the
appropriate committees of Congress, which may include a
classified annex, regarding the companies, nature of the
contract, and dollar amounts involved.
(INCLUDING RESCISSION)
Sec. 4306. (a) Of the funds provided for the General
Services Administration, ``Office of Inspector General'' in
section 21061 of the Continuing Appropriations Resolution, 2007
(division B of Public Law 109-289, as amended by Public Law
110-5), $4,500,000 are rescinded.
(b) For an additional amount for the General Services
Administration, ``Office of Inspector General'', $4,500,000, to
remain available until September 30, 2008.
Sec. 4307. Section 21073 of the Continuing Appropriations
Resolution, 2007 (Public Law 110-5) is amended by adding a new
subsection (j) as follows:
``(j) Notwithstanding section 101, any appropriation or
funds made available to the District of Columbia pursuant to
this division for `Federal Payment for Foster Care Improvement
in the District of Columbia' shall be available in accordance
with an expenditure plan submitted by the Mayor of the District
of Columbia not later than 60 days after the enactment of this
section which details the activities to be carried out with
such Federal Payment.''.
CHAPTER 4
DEPARTMENT OF HOMELAND SECURITY
GENERAL PROVISIONS--THIS CHAPTER
Sec. 4401. Not to exceed $30,000,000 from unobligated
balances remaining from prior appropriations for United States
Coast Guard, ``Retired Pay'', shall remain available until
expended in the account and for the purposes for which the
appropriations were provided, including the payment of
obligations otherwise chargeable to lapsed or current
appropriations for this purpose.
Sec. 4402. (a) In General.--Any contract, subcontract, task
or delivery order described in subsection (b) shall contain the
following:
(1) A requirement for a technical review of all
designs, design changes, and engineering change
proposals, and a requirement to specifically address
all engineering concerns identified in the review
before the obligation of further funds may occur.
(2) A requirement that the Coast Guard maintain
technical warrant holder authority, or the equivalent,
for major assets.
(3) A requirement that no procurement subject to
subsection (b) for lead asset production or the
implementation of a major design change shall be
entered into unless an independent third party with no
financial interest in the development, construction, or
modification of any component of the asset, selected by
the Commandant, determines that such action is
advisable.
(4) A requirement for independent life-cycle cost
estimates of lead assets and major design and
engineering changes.
(5) A requirement for the measurement of contractor
and subcontractor performance based on the status of
all work performed. For contracts under the Integrated
Deepwater Systems program, such requirement shall
include a provision that links award fees to successful
acquisition outcomes (which shall be defined in terms
of cost, schedule, and performance).
(6) A requirement that the Commandant of the Coast
Guard assign an appropriate officer or employee of the
Coast Guard to act as chair of each integrated product
team and higher-level team assigned to the oversight of
each integrated product team.
(7) A requirement that the Commandant of the Coast
Guard may not award or issue any contract, task or
delivery order, letter contract modification thereof,
or other similar contract, for the acquisition or
modification of an asset under a procurement subject to
subsection (b) unless the Coast Guard and the
contractor concerned have formally agreed to all terms
and conditions or the head of contracting activity for
the Coast Guard determines that a compelling need
exists for the award or issue of such instrument.
(b) Contracts, Subcontracts, Task and Delivery Orders
Covered.--Subsection (a) applies to--
(1) any major procurement contract, first-tier
subcontract, delivery or task order entered into by the
Coast Guard;
(2) any first-tier subcontract entered into under
such a contract;
(3) any task or delivery order issued pursuant to
such a contract or subcontract.
(c) Expenditure of Deepwater Funds.--Of the funds available
for the Integrated Deepwater Systems program, $650,000,000 may
not be obligated until the Committees on Appropriations of the
Senate and the House of Representatives receive an expenditure
plan directly from the Coast Guard that--
(1) defines activities, milestones, yearly costs,
and life-cycle costs for each procurement of a major
asset, including an independent cost estimate for each;
(2) identifies life-cycle staffing and training
needs of Coast Guard project managers and of
procurement and contract staff;
(3) identifies competition to be conducted in each
procurement;
(4) describes procurement plans that do not rely on
a single industry entity or contract;
(5) contains very limited indefinite delivery/
indefinite quantity contracts and explains the need for
any indefinite delivery/indefinite quantity contracts;
(6) complies with all applicable acquisition rules,
requirements, and guidelines, and incorporates the best
systems acquisition management practices of the Federal
Government;
(7) complies with the capital planning and
investment control requirements established by the
Office of Management and Budget, including circular A-
11, part 7;
(8) includes a certification by the head of
contracting activity for the Coast Guard and the Chief
Procurement Officer of the Department of Homeland
Security that the Coast Guard has established
sufficient controls and procedures and has sufficient
staffing to comply with all contracting requirements,
and that any conflicts of interest have been
sufficiently addressed;
(9) includes a description of the process used to
act upon deviations from the contractually specified
performance requirements and clearly explains the
actions taken on such deviations;
(10) includes a certification that the Assistant
Commandant of the Coast Guard for Engineering and
Logistics is designated as the technical authority for
all engineering, design, and logistics decisions
pertaining to the Integrated Deepwater Systems program;
and
(11) identifies progress in complying with the
requirements of subsection (a).
(d) Reports.--(1) Not later than 30 days after the date of
enactment of this Act, the Commandant of the Coast Guard shall
submit to the Committees on Appropriations of the Senate and
the House of Representatives; the Committee on Commerce,
Science and Transportation of the Senate; and the Committee on
Transportation and Infrastructure of the House of
Representatives: (i) a report on the resources (including
training, staff, and expertise) required by the Coast Guard to
provide appropriate management and oversight of the Integrated
Deepwater Systems program; and (ii) a report on how the Coast
Guard will utilize full and open competition for any contract
that provides for the acquisition or modification of assets
under, or in support of, the Integrated Deepwater Systems
program, entered into after the date of enactment of this Act;
and (2) within 30 days following the submission of the
expenditure plan required under subsection (c), the Government
Accountability Office shall review the plan and brief the
Committees on Appropriations of the Senate and the House of
Representatives on its findings.
Sec. 4403. None of the funds provided in this Act or any
other Act may be used to alter or reduce operations within the
Civil Engineering Program of the Coast Guard nationwide,
including the civil engineering units, facilities, design and
construction centers, maintenance and logistics command
centers, the Coast Guard Academy and the Coast Guard Research
and Development Center, except as specifically authorized by a
statute enacted after the date of enactment of this Act.
(INCLUDING RESCISSIONS OF FUNDS)
Sec. 4404. (a) Rescissions.--The following unobligated
balances made available pursuant to section 505 of Public Law
109-90 are rescinded: $1,200,962 from the ``Office of the
Secretary and Executive Management''; $512,855 from the
``Office of the Under Secretary for Management''; $461,874 from
the ``Office of the Chief Information Officer''; $45,080 from
the ``Office of the Chief Financial Officer''; $968,211 from
Preparedness ``Management and Administration''; $1,215,486 from
Science and Technology ``Management and Administration'';
$450,000 from United States Secret Service ``Salaries and
Expenses''; $450,000 from Federal Emergency Management Agency
``Administrative and Regional Operations''; and $25,595,532
from United States Coast Guard ``Operating Expenses''.
(b) Additional Appropriations.--
(1) For an additional amount for United States
Coast Guard ``Acquisition, Construction, and
Improvements'', $30,000,000, to remain available until
September 30, 2009, to mitigate the Service's patrol
boat operational gap; and
(2) For an additional amount for the ``Office of
the Under Secretary for Management'', $900,000, for an
independent study to compare the Department of Homeland
Security senior career and political staffing levels
and senior career training programs with those of
similarly structured cabinet-level agencies.
Sec. 4405. (a) In General.--With respect to contracts
entered into after June 1, 2007, and except as provided in
subsection (b), no entity performing lead system integrator
functions in the acquisition of a major system by the
Department of Homeland Security may have any direct financial
interest in the development or construction of any individual
system or element of any system of systems.
(b) Exception.--An entity described in subsection (a) may
have a direct financial interest in the development or
construction of an individual system or element of a system of
systems if--
(1) the Secretary of Homeland Security certifies to
the Committees on Appropriations of the Senate and the
House of Representatives, the Committee on Homeland
Security of the House of Representatives, the Committee
on Transportation and Infrastructure of the House of
Representatives, the Committee on Homeland Security and
Governmental Affairs of the Senate, and the Committee
on Commerce, Science and Transportation of the Senate
that--
(A) the entity was selected by the
Department of Homeland Security as a contractor
to develop or construct the system or element
concerned through the use of competitive
procedures; and
(B) the Department took appropriate steps
to prevent any organizational conflict of
interest in the selection process; or
(2) the entity was selected by a subcontractor to
serve as a lower-tier subcontractor, through a process
over which the entity exercised no control.
(c) Construction.--Nothing in this section shall be
construed to preclude an entity described in subsection (a)
from performing work necessary to integrate two or more
individual systems or elements of a system of systems with each
other.
(d) Regulations Update.--Not later than June 1, 2007, the
Secretary of Homeland Security shall update the acquisition
regulations of the Department of Homeland Security in order to
specify fully in such regulations the matters with respect to
lead system integrators set forth in this section. Included in
such regulations shall be (1) a precise and comprehensive
definition of the term ``lead system integrator'', modeled
after that used by the Department of Defense, and (2) a
specification of various types of contracts and fee structures
that are appropriate for use by lead system integrators in the
production, fielding, and sustainment of complex systems.
CHAPTER 5
GENERAL PROVISIONS--THIS CHAPTER
Sec. 4501. Section 20515 of the Continuing Appropriations
Resolution, 2007 (division B of Public Law 109-289, as amended
by Public Law 110-5) is amended by inserting before the period:
``; and of which, not to exceed $143,628,000 shall be available
for contract support costs under the terms and conditions
contained in Public Law 109-54''.
Sec. 4502. Section 20512 of the Continuing Appropriations
Resolution, 2007 (division B of Public Law 109-289, as amended
by Public Law 110-5) is amended by inserting after the first
dollar amount: ``, of which not to exceed $7,300,000 shall be
transferred to the `Indian Health Facilities' account; the
amount in the second proviso shall be $18,000,000; the amount
in the third proviso shall be $525,099,000; the amount in the
ninth proviso shall be $269,730,000; and the $15,000,000
allocation of funding under the eleventh proviso shall not be
required''.
Sec. 4503. Section 20501 of the Continuing Appropriations
Resolution, 2007 (division B of Public Law 109-289, as amended
by Public Law 110-5) is amended by inserting after
``$55,663,000'' the following: ``of which $13,000,000 shall be
for Save America's Treasures''.
Sec. 4504. Funds made available to the United States Fish
and Wildlife Service for fiscal year 2007 under the heading
``Land Acquisition'' may be used for land conservation
partnerships authorized by the Highlands Conservation Act of
2004.
CHAPTER 6
DEPARTMENT OF HEALTH AND HUMAN SERVICES
National Institutes of Health
NATIONAL INSTITUTE OF ALLERGY AND INFECTIOUS DISEASES
(TRANSFER OF FUNDS)
Of the amount provided by the Continuing Appropriations
Resolution, 2007 (division B of Public Law 109-289, as amended
by Public Law 110-5) for ``National Institute of Allergy and
Infectious Diseases'', $49,500,000 shall be transferred to
``Public Health and Social Services Emergency Fund'' to carry
out activities relating to advanced research and development as
provided by section 319L of the Public Health Service Act.
OFFICE OF THE DIRECTOR
(TRANSFER OF FUNDS)
Of the amount provided by the Continuing Appropriations
Resolution, 2007 (division B of Public Law 109-289, as amended
by Public Law 110-5) for ``Office of the Director'',
$49,500,000 shall be transferred to ``Public Health and Social
Services Emergency Fund'' to carry out activities relating to
advanced research and development as provided by section 319L
of the Public Health Service Act.
NATIONAL COUNCIL ON DISABILITY
SALARIES AND EXPENSES
For an additional amount for ``Salaries and Expenses'',
$300,000, to remain available until expended, for necessary
expenses related to the requirements of the Post-Katrina
Emergency Management Reform Act of 2006, as enacted by the
Department of Homeland Security Appropriations Act, 2007
(Public Law 109-295).
GENERAL PROVISIONS--THIS CHAPTER
(INCLUDING TRANSFERS OF FUNDS AND RESCISSION)
Sec. 4601. Section 20602 of the Continuing Appropriations
Resolution, 2007 (division B of Public Law 109-289, as amended
by Public Law 110-5) is amended by inserting the following
after ``$5,000,000'': ``(together with an additional $7,000,000
which shall be transferred by the Pension Benefit Guaranty
Corporation as an authorized administrative cost), to remain
available through September 30, 2008,''.
Sec. 4602. Section 20607 of the Continuing Appropriations
Resolution, 2007 (division B of Public Law 109-289, as amended
by Public Law 110-5) is amended by inserting ``of which
$9,666,000 shall be for the Women's Bureau,'' after ``for child
labor activities,''.
Sec. 4603. 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. 4604. From the amounts made available by the
Continuing Appropriations Resolution, 2007 (division B of
Public Law 109-289, as amended by Public Law 110-5) for the
Office of the Secretary, General Departmental Management under
the Department of Health and Human Services, $1,000,000 are
rescinded.
Sec. 4605. Section 20625(b)(1) of the Continuing
Appropriations Resolution, 2007 (division B of Public Law 109-
289, as amended by Public Law 110-5) is amended by--
(1) striking ``$7,172,994,000'' and inserting
``$7,176,431,000'';
(2) amending subparagraph (A) to read as follows:
``(A) $5,454,824,000 shall be for basic grants under
section 1124 of the Elementary and Secondary Education
Act of 1965 (ESEA), of which up to $3,437,000 shall be
available to the Secretary of Education on October 1,
2006, to obtain annually updated educational-agency-
level census poverty data from the Bureau of the
Census;''; and
(3) amending subparagraph (C) to read as follows:
``(C) not to exceed $2,352,000 may be available for
section 1608 of the ESEA and for a clearinghouse on
comprehensive school reform under part D of title V of
the ESEA;''.
Sec. 4606. The provision in the first proviso under the
heading ``Rehabilitation Services and Disability Research'' in
the Department of Education Appropriations Act, 2006, relating
to alternative financing programs under section 4(b)(2)(D) of
the Assistive Technology Act of 1998 shall not apply to funds
appropriated by the Continuing Appropriations Resolution, 2007.
Sec. 4607. 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. 4608. (a) Section 1310.12(a) of title 45, Code of
Federal Regulations, shall take effect 30 days after the date
of enactment of this Act.
(b)(1) Notwithstanding subsection (a), any vehicle used to
transport children for a Head Start program as of January 1,
2007, shall not be subject to a requirement under such section
(including a requirement based on the definitions set forth or
referenced in section 1310.3 or any other provision set forth
or referenced in part 1310 of such title, or any corresponding
similar regulation or ruling) regarding rear emergency exit
doors, for 1 year after that date of enactment.
(2) Not later than 60 days after the National Highway
Traffic Safety Administration of the Department of
Transportation submits its study on occupant protection on Head
Start transit vehicles (related to Government Accountability
Office report GAO-06-767R), the Secretary of Health and Human
Services shall review and shall revise as necessary the
allowable alternate vehicle standards described in that part
1310 (or any corresponding similar regulation or ruling)
relating to allowable alternate vehicles used to transport
children for a Head Start program. In making any such revision,
the Secretary shall revise the standards to be consistent with
the findings contained in such study, including making a
determination on the exemption of such a vehicle from Federal
seat spacing requirements, and Federal supporting seating
requirements related to compartmentalization, if such vehicle
meets all other applicable Federal motor vehicle safety
standards, including standards for seating systems, occupant
crash protection, seat belt assemblies, and child restraint
anchorage systems consistent with that part 1310 (or any
corresponding similar regulation or ruling).
(3) Notwithstanding subsection (a), until such date as the
Secretary of Health and Human Services completes the review and
any necessary revision specified in paragraph (2), the
provisions of section 1310.12(a) relating to Federal seat
spacing requirements, and Federal supporting seating
requirements related to compartmentalization, for allowable
alternate vehicles used to transport children for a Head Start
program, shall not apply to such a vehicle if such vehicle
meets all other applicable Federal motor vehicle safety
standards, as described in paragraph (2).
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.
CHAPTER 8
GENERAL PROVISIONS--THIS CHAPTER
TECHNICAL AMENDMENT
Sec. 4801. (a) Notwithstanding any other provision of law,
subsection (c) under the heading ``Assistance for the
Independent States of the Former Soviet Union'' in Public Law
109-102, shall not apply to funds appropriated by the
Continuing Appropriations Resolution, 2007 (Public Law 109-289,
division B) as amended by Public Laws 109-369, 109-383, and
110-5.
(b) Section 534(k) of the Foreign Operations, Export
Financing, and Related Programs Appropriations Act, 2006
(Public Law 109-102) is amended, in the second proviso, by
inserting after ``subsection (b) of that section'' the
following: ``and the requirement that a majority of the members
of the board of directors be United States citizens provided in
subsection (d)(3)(B) of that section''.
(c) Subject to section 101(c)(2) of the Continuing
Appropriations Resolution, 2007 (division B of Public Law 109-
289, as amended by Public Law 110-5), the amount of funds
appropriated for ``Foreign Military Financing Program''
pursuant to such Resolution shall be construed to be the total
of the amount appropriated for such program by section 20401 of
that Resolution and the amount made available for such program
by section 591 of the Foreign Operations, Export Financing, and
Related Programs Appropriations Act, 2006 (Public Law 109-102)
which is made applicable to the fiscal year 2007 by the
provisions of such Resolution.
Sec. 4802. Notwithstanding any provision of title I of
division B of the Continuing Appropriations Resolution, 2007
(division B of Public Law 109-289, as amended by Public Laws
109-369, 109-383, and 110-5), the dollar amount limitation of
the first proviso under the heading, ``Administration of
Foreign Affairs, Diplomatic and Consular Programs'', in title
IV of the Science, State, Justice, Commerce, and Related
Agencies Appropriations Act, 2006 (Public Law 109-108; 119
Stat. 2319) shall not apply to funds appropriated under such
heading for fiscal year 2007.
CHAPTER 9
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
Office of Federal Housing Enterprise Oversight
SALARIES AND EXPENSES
(INCLUDING TRANSFER OF FUNDS)
For an additional amount to carry out the Federal Housing
Enterprises Financial Safety and Soundness Act of 1992,
$6,150,000, to remain available until expended, to be derived
from the Federal Housing Enterprises Oversight Fund and to be
subject to the same terms and conditions pertaining to funds
provided under this heading in Public Law 109-115: Provided,
That not to exceed the total amount provided for these
activities for fiscal year 2007 shall be available from the
general fund of the Treasury to the extent necessary to incur
obligations and make expenditures pending the receipt of
collections to the Fund: Provided further, That the general
fund amount shall be reduced as collections are received during
the fiscal year so as to result in a final appropriation from
the general fund estimated at not more than $0.
GENERAL PROVISIONS--THIS CHAPTER
Sec. 4901. Hereafter, funds limited or appropriated for the
Department of Transportation may be obligated or expended to
grant authority to a Mexican motor carrier to operate beyond
United States municipalities and commercial zones on the United
States-Mexico border only to the extent that--
(1) granting such authority is first tested as part
of a pilot program;
(2) such pilot program complies with the
requirements of section 350 of Public Law 107-87 and
the requirements of section 31315(c) of title 49,
United States Code, related to pilot programs; and
(3) simultaneous and comparable authority to
operate within Mexico is made available to motor
carriers domiciled in the United States.
Sec. 4902. 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. 4903. Section 21033 of the Continuing Appropriations
Resolution, 2007 (division B of Public Law 109-289, as amended
by Public Law 110-5) is amended by adding after the second
proviso: ``: Provided further, That paragraph (2) under such
heading in Public Law 109-115 (119 Stat. 2441) shall be funded
at $149,300,000, but additional section 8 tenant protection
rental assistance costs may be funded in 2007 by using
unobligated balances, notwithstanding the purposes for which
such amounts were appropriated, including recaptures and
carryover, remaining from funds appropriated to the Department
of Housing and Urban Development under this heading, the
heading `Annual Contributions for Assisted Housing', the
heading `Housing Certificate Fund', and the heading `Project-
Based Rental Assistance' for fiscal year 2006 and prior fiscal
years: Provided further, That paragraph (3) under such heading
in Public Law 109-115 (119 Stat. 2441) shall be funded at
$47,500,000: Provided further, That paragraph (4) under such
heading in Public Law 109-115 (119 Stat. 2441) shall be funded
at $5,900,000: Provided further, That paragraph (5) under such
heading in Public Law 109-115 (119 Stat. 2441) shall be funded
at $1,281,100,000, of which $1,251,100,000 shall be allocated
for the calendar year 2007 funding cycle on a pro rata basis to
public housing agencies based on the amount public housing
agencies were eligible to receive in calendar year 2006, and of
which up to $30,000,000 shall be available to the Secretary to
allocate to public housing agencies that need additional funds
to administer their section 8 programs, with up to $20,000,000
to be for fees associated with section 8 tenant protection
rental assistance''.
Sec. 4904. Section 232(b) of the Departments of Veterans
Affairs and Housing and Urban Development, and Independent
Agencies Appropriations Act, 2001 (Public Law 106-377) is
amended to read as follows:
``(b) Applicability.--In the case of any dwelling unit
that, upon the date of the enactment of this Act, is assisted
under a housing assistance payment contract under section
8(o)(13) as in effect before such enactment, or under section
8(d)(2) of the United States Housing Act of 1937 (42 U.S.C.
1437f(d)(2)) as in effect before the enactment of the Quality
Housing and Work Responsibility Act of 1998 (title V of Public
Law 105-276), assistance may be renewed or extended under such
section 8(o)(13), as amended by subsection (a), provided that
the initial contract term and rent of such renewed or extended
assistance shall be determined pursuant to subparagraphs (F)
and (H), and subparagraphs (C) and (D) of such section shall
not apply to such extensions or renewals.''.
CHAPTER 10
GENERAL PROVISIONS--THIS ACT
AVAILABILITY OF FUNDS
Sec. 4950. No part of any appropriation contained in this
Act shall remain available for obligation beyond the current
fiscal year unless expressly so provided herein.
DESIGNATION FOR TITLE I
Sec. 4951. Amounts in title I are designated as emergency
requirements pursuant to section 402 of H. Con. Res. 95 (109th
Congress), and as making appropriations for contingency
operations directly related to the global war on terrorism and
other unanticipated defense-related operations pursuant to
section 402 of H. Con. Res. 376 (109th Congress) as made
applicable to the House of Representatives by section 511(a)(4)
of H. Res. 6 (110th Congress).
EMERGENCY DESIGNATION FOR OTHER TITLES
Sec. 4952. Amounts in titles II, III, V, and VI are
designated as emergency requirements pursuant to section 402 of
H. Con. Res. 95 (109th Congress), and pursuant to section 501
of H. Con. Res. 376 (109th Congress) as made applicable to the
House of Representatives by section 511(a)(4) of H. Res. 6
(110th Congress).
TITLE V
AGRICULTURAL ASSISTANCE
SEC. 5101. 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 or 2006
crop, or that part of the 2007 crop year before February 28,
2007, due to damaging weather or any related condition
(including losses due to crop diseases, insects, and delayed
planting), as determined by the Secretary. However, to be
eligible for assistance, the crop subject to the loss must have
been planted before February 28, 2007 or, in the case of
prevented planting or other total loss, would have been planted
before February 28, 2007 in the absence of the damaging weather
or any related condition.
(b) Election of Crop Year.--If a producer incurred
qualifying crop losses in more than one of the 2005, 2006, or
2007 crop years, the producer shall elect to receive assistance
under this section for losses incurred in only one of such crop
years. The producer may not receive assistance under this
section for more than one crop year.
(c) Administration.--
(1) In general.--Except as provided in paragraph
(2), the Secretary of Agriculture shall make assistance
available under this section in the same manner as
provided under section 815 of the Agriculture, Rural
Development, Food and Drug Administration and Related
Agencies Appropriations Act, 2001 (Public Law 106-387;
114 Stat. 1549A-55), including using the same loss
thresholds for quantity and economic losses as were
used in administering that section, except that the
payment rate shall be 50 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) 50 percent of the payment rate
determined under paragraph (3).
(2) Payment quantity.--For the purpose of paragraph
(1)(A), the payment quantity for quality losses for a
crop of a commodity on a farm shall equal the lesser
of--
(A) the actual production of the crop
affected by a quality loss of the commodity on
the farm; or
(B) the quantity of expected production of
the crop affected by a quality loss of the
commodity on the farm, using the formula used
by the Secretary of Agriculture to determine
quantity losses for the crop of the commodity
under subsection (a).
(3) Payment rate.--For the purpose of paragraph
(1)(B) and in accordance with paragraphs (5) and (6),
the payment rate for quality losses for a crop of a
commodity on a farm shall be equal to the difference
between--
(A) the per unit market value that the
units of the crop affected by the quality loss
would have had if the crop had not suffered a
quality loss; and
(B) the per unit market value of the units
of the crop affected by the quality loss.
(4) Eligibility.--For producers on a farm to be
eligible to obtain a payment for a quality loss for a
crop under subsection (a), the amount obtained by
multiplying the per unit loss determined under
paragraph (1) by the number of units affected by the
quality loss shall be at least 25 percent of the value
that all affected production of the crop would have had
if the crop had not suffered a quality loss.
(5) Marketing contracts.--In the case of any
production of a commodity that is sold pursuant to one
or more marketing contracts (regardless of whether the
contract is entered into by the producers on the farm
before or after harvest) and for which appropriate
documentation exists, the quantity designated in the
contracts shall be eligible for quality loss assistance
based on the one or more prices specified in the
contracts.
(6) Other production.--For any additional
production of a commodity for which a marketing
contract does not exist or for which production
continues to be owned by the producer, quality losses
shall be based on the average local market discounts
for reduced quality, as determined by the appropriate
State committee of the Farm Service Agency.
(7) Quality adjustments and discounts.--The
appropriate State committee of the Farm Service Agency
shall identify the appropriate quality adjustment and
discount factors to be considered in carrying out this
subsection, including--
(A) the average local discounts actually
applied to a crop; and
(B) the discount schedules applied to loans
made by the Farm Service Agency or crop
insurance coverage under the Federal Crop
Insurance Act (7 U.S.C. 1501 et seq.).
(8) Eligible production.--The Secretary of
Agriculture shall carry out this subsection in a fair
and equitable manner for all eligible production,
including the production of fruits and vegetables,
other specialty crops, and field crops.
(e) Payment Limitations.--
(1) Limit on amount of assistance.--Assistance
provided under this section to a producer for losses to
a crop, together with the amounts specified in
paragraph (2) applicable to the same crop, may not
exceed 95 percent of what the value of the crop would
have been in the absence of the losses, as estimated by
the Secretary of Agriculture.
(2) Other payments.--In applying the limitation in
paragraph (1), the Secretary shall include the
following:
(A) Any crop insurance payment made under
the Federal Crop Insurance Act (7 U.S.C. 1501
et seq.) or payment under section 196 of the
Federal Agriculture Improvement and Reform Act
of 1996 (7 U.S.C. 7333) that the producer
receives for losses to the same crop.
(B) The value of the crop that was not lost
(if any), as estimated by the Secretary.
(f) Eligibility Requirements and Limitations.--The
producers on a farm shall not be eligible for assistance under
this section with respect to losses to an insurable commodity
or noninsurable commodity if the producers on the farm--
(1) in the case of an insurable commodity, did not
obtain a policy or plan of insurance for the insurable
commodity under the Federal Crop Insurance Act (7
U.S.C. 1501 et seq.) for the crop incurring the losses;
(2) in the case of a noninsurable commodity, did
not file the required paperwork, and pay the
administrative fee by the applicable State filing
deadline, for the noninsurable commodity under section
196 of the Federal Agriculture Improvement and Reform
Act of 1996 (7 U.S.C. 7333) for the crop incurring the
losses; or
(3) were not in compliance with highly erodible
land conservation and wetland conservation provisions.
(g) Timing.--
(1) In general.--Subject to paragraph (2), the
Secretary of Agriculture shall make payments to
producers on a farm for a crop under this section not
later than 60 days after the date the producers on the
farm submit to the Secretary a completed application
for the payments.
(2) Interest.--If the Secretary does not make
payments to the producers on a farm by the date
described in paragraph (1), the Secretary shall pay to
the producers on a farm interest on the payments at a
rate equal to the current (as of the sign-up deadline
established by the Secretary) market yield on
outstanding, marketable obligations of the United
States with maturities of 30 years.
(h) Definitions.--In this section:
(1) Insurable commodity.--The term ``insurable
commodity'' means an agricultural commodity (excluding
livestock) for which the producers on a farm are
eligible to obtain a policy or plan of insurance under
the Federal Crop Insurance Act (7 U.S.C. 1501 et seq.).
(2) Noninsurable commodity.--The term
``noninsurable commodity'' means a crop for which the
producers on a farm are eligible to obtain assistance
under section 196 of the Federal Agriculture
Improvement and Reform Act of 1996 (7 U.S.C. 7333).
SEC. 5102. 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 70
percent of the payment rate otherwise applicable under
such program. In addition, section 1416.102(b)(2)(ii)
of title 7, Code of Federal Regulations (72 Fed. Reg.
6444) shall not apply.
(2) Eligible applicants.--In carrying out the
program described in paragraph (1), the Secretary shall
provide assistance to any applicant that--
(A) conducts a livestock operation that is
located in a disaster county with eligible
livestock specified in paragraph (1) of section
1416.102(a) of title 7, Code of Federal
Regulations (72 Fed. Reg. 6444), an animal
described in section 10806(a)(1) of the Farm
Security and Rural Investment Act of 2002 (21
U.S.C. 321d(a)(1)), or other animals designated
by the Secretary as livestock for purposes of
this subsection; and
(B) meets the requirements of paragraphs
(3) and (4) of section 1416.102(a) of title 7,
Code of Federal Regulations, and all other
eligibility requirements established by the
Secretary for the program.
(3) Election of losses.--
(A) If a producer incurred eligible
livestock losses in more than one of the 2005,
2006, or 2007 calendar years, the producer
shall elect to receive payments under this
subsection for losses incurred in only one of
such calendar years, and such losses must have
been incurred in a county declared or
designated as a disaster county in that same
calendar year.
(B) Producers may elect to receive
compensation for losses in the calendar year
2007 grazing season that are attributable to
wildfires occurring during the applicable
period, as determined by the Secretary.
(4) Mitigation.--In determining the eligibility for
or amount of payments for which a producer is eligible
under the livestock compensation program, the Secretary
shall not penalize a producer that takes actions
(recognizing disaster conditions) that reduce the
average number of livestock the producer owned for
grazing during the production year for which assistance
is being provided.
(5) Definitions.--In this subsection:
(A) Disaster county.--The term ``disaster
county'' means--
(i) a county included in the
geographic area covered by a natural
disaster declaration; and
(ii) each county contiguous to a
county described in clause (i).
(B) Natural disaster declaration.--The term
``natural disaster declaration'' means--
(i) a natural disaster declared by
the Secretary between January 1, 2005
and February 28, 2007 under section
321(a) of the Consolidated Farm and
Rural Development Act (7 U.S.C.
1961(a));
(ii) a major disaster or emergency
designated by the President between
January 1, 2005 and February 28, 2007
under the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42
U.S.C. 5121 et seq.); or
(iii) a determination of a Farm
Service Agency Administrator's Physical
Loss Notice if such notice applies to a
county included under (ii).
(b) Livestock Indemnity Payments.--
(1) Availability of assistance.--There are hereby
appropriated to the Secretary of Agriculture such sums
as are necessary, to remain available until expended,
to make livestock indemnity payments to producers on
farms that have incurred livestock losses between
January 1, 2005 and February 28, 2007, due to a
disaster, as determined by the Secretary (including
losses due to blizzards that started in 2006 and
continued into January 2007) in a disaster county. To
be eligible for assistance, applicants must meet all
eligibility requirements established by the Secretary
for the program.
(2) Election of losses.--If a producer incurred
eligible livestock losses in more than one of the 2005,
2006, or 2007 calendar years, the producer shall elect
to receive payments under this subsection for losses
incurred in only one of such calendar years. The
producer may not receive payments under this subsection
for more than one calendar year.
(3) Payment rates.--Indemnity payments to a
producer on a farm under paragraph (1) shall be made at
a rate of not less than 30 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. 5103. EMERGENCY CONSERVATION PROGRAM.
There is hereby appropriated to the Secretary of
Agriculture $20,000,000, 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. 5104. 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 5101 and 5102 shall be reduced by
any amount received by the producer for the same loss or any
similar loss under--
(1) the Department of Defense, Emergency
Supplemental Appropriations to Address Hurricanes in
the Gulf of Mexico, and Pandemic Influenza Act, 2006
(Public Law 109-148; 119 Stat. 2680);
(2) an agricultural disaster assistance provision
contained in the announcement of the Secretary on
January 26, 2006, or August 29, 2006; or
(3) the Emergency Supplemental Appropriations Act
for Defense, the Global War on Terror, and Hurricane
Recovery, 2006 (Public Law 109-234; 120 Stat. 418).
(b) Adjusted Gross Income Limitation.--Section 1001D of the
Food Security Act of 1985 (7 U.S.C. 1308-3a) shall apply with
respect to assistance provided under sections 5101, 5102, and
5103.
SEC. 5105. ADMINISTRATION.
(a) Regulations.--The Secretary of Agriculture may
promulgate such regulations as are necessary to implement
sections 5101 and 5102.
(b) Procedure.--The promulgation of the implementing
regulations and the administration of sections 5101 and 5102
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 5101 and 5102, 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 5101 and 5102
unless funds have been specifically appropriated for such
purpose.
SEC. 5106. MILK INCOME LOSS CONTRACT PROGRAM.
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).
SEC. 5107. DAIRY ASSISTANCE.
There is hereby appropriated $20,000,000 to make payments
to dairy producers for dairy production losses in disaster
counties, as defined in section 5102 of this title, to remain
available until expended.
SEC. 5108. 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. 5109. EMERGENCY GRANTS TO ASSIST LOW-INCOME MIGRANT AND SEASONAL
FARMWORKERS.
There is hereby appropriated $21,000,000 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. 5110. CONSERVATION SECURITY PROGRAM.
Section 20115 of Public Law 110-5 is amended by striking
``section 726'' and inserting in lieu thereof ``section 726;
section 741''.
SEC. 5111. ADMINISTRATIVE EXPENSES.
There is hereby appropriated $30,000,000 for the `Farm
Service Agency, Salaries and Expenses', to remain available
until September 30, 2008.
SEC. 5112. 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 VI
ELIMINATION OF SCHIP SHORTFALL AND OTHER 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.
SEC. 6001. ELIMINATION OF REMAINDER OF SCHIP FUNDING SHORTFALLS FOR
FISCAL YEAR 2007.
(a) Elimination of Remainder of Funding Shortfalls, Tiered
Match, and Other Limitation on Expenditures.--Section 2104(h)
of the Social Security Act (42 U.S.C. 1397dd(h)), as added by
section 201(a) of the National Institutes of Health Reform Act
of 2006 (Public Law 109-482), is amended--
(1) in the heading for paragraph (2), by striking
``remainder of reduction'' and inserting ``part''; and
(2) by striking paragraph (4) and inserting the
following:
``(4) Additional amounts to eliminate remainder of
fiscal year 2007 funding shortfalls.--
``(A) In general.--From the amounts
provided in advance in appropriations Acts, the
Secretary shall allot to each remaining
shortfall State described in subparagraph (B)
such amount as the Secretary determines will
eliminate the estimated shortfall described in
such subparagraph for the State for fiscal year
2007.
``(B) Remaining shortfall state
described.--For purposes of subparagraph (A), a
remaining shortfall State is a State with a
State child health plan approved under this
title for which the Secretary estimates, on the
basis of the most recent data available to the
Secretary as of the date of the enactment of
this paragraph, that the projected Federal
expenditures under such plan for the State for
fiscal year 2007 will exceed the sum of--
``(i) the amount of the State's
allotments for each of fiscal years
2005 and 2006 that will not be expended
by the end of fiscal year 2006;
``(ii) the amount of the State's
allotment for fiscal year 2007; and
``(iii) the amounts, if any, that
are to be redistributed to the State
during fiscal year 2007 in accordance
with paragraphs (1) and (2).''.
(b) Conforming Amendments.--Section 2104(h) of such Act (42
U.S.C. 1397dd(h)) (as so added), is amended--
(1) in paragraph (1)(B), by striking ``subject to
paragraph (4)(B) and'';
(2) in paragraph (2)(B), by striking ``subject to
paragraph (4)(B) and'';
(3) in paragraph (5)(A), by striking ``and (3)''
and inserting ``(3), and (4)''; and
(4) in paragraph (6)--
(A) in the first sentence--
(i) by inserting ``or allotted''
after ``redistributed''; and
(ii) by inserting ``or allotments''
after ``redistributions''; and
(B) by striking ``and (3)'' and inserting
``(3), and (4)''.
Sec. 6002. (a) Prohibition.--
(1) Limitation on secretarial authority.--
Notwithstanding any other provision of law, the
Secretary of Health and Human Services shall not, prior
to the date that is 1 year after the date of enactment
of this Act, take any action (through promulgation of
regulation, issuance of regulatory guidance, or other
administrative action) to--
(A) finalize or otherwise implement
provisions contained in the proposed rule
published on January 18, 2007, on pages 2236
through 2248 of volume 72, Federal Register
(relating to parts 433, 447, and 457 of title
42, Code of Federal Regulations);
(B) promulgate or implement any rule or
provisions similar to the provisions described
in subparagraph (A) pertaining to the Medicaid
program established under title XIX of the
Social Security Act or the State Children's
Health Insurance Program established under
title XXI of such Act; or
(C) promulgate or implement any rule or
provisions restricting payments for graduate
medical education under the Medicaid program.
(2) Continuation of other secretarial authority.--
The Secretary of Health and Human Service shall not be
prohibited during the period described in paragraph (1)
from taking any action (through promulgation of
regulation, issuance of regulatory guidance, or other
administrative action) to enforce a provision of law in
effect as of the date of enactment of this Act with
respect to the Medicaid program or the State Children's
Health Insurance Program, or to promulgate or implement
a new rule or provision during such period with respect
to such programs, other than a rule or provision
described in paragraph (1) and subject to the
prohibition set forth in that paragraph.
(b) Requirement for Use of Tamper-Resistant Prescription
Pads Under the Medicaid Program.--
(1) In general.--Section 1903(i) of the Social
Security Act (42 U.S.C. 1396b(i)) is amended--
(A) by striking ``or'' at the end of
paragraph (21);
(B) by striking the period at the end of
paragraph (22) and inserting ``; or''; and
(C) by inserting after paragraph (22) the
following new paragraph:
``(23) with respect to amounts expended for medical
assistance for covered outpatient drugs (as defined in
section 1927(k)(2)) for which the prescription was
executed in written (and non-electronic) form unless
the prescription was executed on a tamper-resistant
pad.''.
(2) Effective date.--The amendments made by
paragraph (1) shall apply to prescriptions executed
after September 30, 2007.
(c) Extension of Certain Pharmacy Plus Waivers.--
(1) Authority to continue to operate waivers.--
Notwithstanding any other provision of law, any State
that is operating a Pharmacy Plus waiver described in
paragraph (2) which would otherwise expire on June 30,
2007, may elect to continue to operate the waiver
through December 31, 2009.
(2) Pharmacy plus waiver described.--For purposes
of paragraph (1), a Pharmacy Plus waiver described in
this paragraph is a waiver approved by the Secretary of
Health and Human Services under the authority of
section 1115 of the Social Security Act (42 U.S.C.
1315) that provides coverage for prescription drugs for
individuals who have attained age 65 and whose family
income does not exceed 200 percent of the poverty line
(as defined in section 2110(c)(5) of such Act (42
U.S.C. 1397jj(c)(5)).
TITLE VII
FAIR MINIMUM WAGE AND TAX RELIEF
Subtitle A--Fair Minimum Wage
SEC. 7000. SHORT TITLE.
This subtitle may be cited as the ``Fair Minimum Wage Act
of 2007''.
SEC. 7001. MINIMUM WAGE.
(a) In General.--Section 6(a)(1) of the Fair Labor
Standards Act of 1938 (29 U.S.C. 206(a)(1)) is amended to read
as follows:
``(1) except as otherwise provided in this section,
not less than--
``(A) $5.85 an hour, beginning on the 60th
day after the date of enactment of the Fair
Minimum Wage Act of 2007;
``(B) $6.55 an hour, beginning 12 months
after that 60th day; and
``(C) $7.25 an hour, beginning 24 months
after that 60th day;''.
(b) Effective Date.--The amendment made by subsection (a)
shall take effect 60 days after the date of enactment of this
Act.
SEC. 7002. APPLICABILITY OF MINIMUM WAGE TO AMERICAN SAMOA AND THE
COMMONWEALTH OF THE NORTHERN MARIANA ISLANDS.
(a) In General.--Section 6 of the Fair Labor Standards Act
of 1938 (29 U.S.C. 206) shall apply to American Samoa and the
Commonwealth of the Northern Mariana Islands.
(b) Transition.--Notwithstanding subsection (a)--
(1) the minimum wage applicable to the Commonwealth
of the Northern Mariana Islands under section 6(a)(1)
of the Fair Labor Standards Act of 1938 (29 U.S.C.
206(a)(1)) shall be--
(A) $3.55 an hour, beginning on the 60th
day after the date of enactment of this Act;
and
(B) increased by $0.50 an hour (or such
lesser amount as may be necessary to equal the
minimum wage under section 6(a)(1) of such
Act), beginning 1 year after the date of
enactment of this Act and each year thereafter
until the minimum wage applicable to the
Commonwealth of the Northern Mariana Islands
under this paragraph is equal to the minimum
wage set forth in such section; and
(2) the minimum wage applicable to American Samoa
under section 6(a)(1) of the Fair Labor Standards Act
of 1938 (29 U.S.C. 206(a)(1)) shall be--
(A) the applicable wage rate in effect for
each industry and classification under section
697 of title 29, Code of Federal Regulations,
on the date of enactment of this Act;
(B) increased by $0.50 an hour, beginning
on the 60th day after the date of enactment of
this Act; and
(C) increased by $0.50 an hour (or such
lesser amount as may be necessary to equal the
minimum wage under section 6(a)(1) of such
Act), beginning 1 year after the date of
enactment of this Act and each year thereafter
until the minimum wage applicable to American
Samoa under this paragraph is equal to the
minimum wage set forth in such section.
(c) Conforming Amendments.--
(1) In general.--The Fair Labor Standards Act of
1938 is amended--
(A) by striking sections 5 and 8; and
(B) in section 6(a), by striking paragraph
(3) and redesignating paragraphs (4) and (5) as
paragraphs (3) and (4), respectively.
(2) Effective date.--The amendments made by this
subsection shall take effect 60 days after the date of
enactment of this Act.
SEC. 7003. STUDY ON PROJECTED IMPACT.
(a) Study.--Beginning on the date that is 26 months after
the date of enactment of this Act, the Secretary of Labor
shall, through the Bureau of Labor Statistics, conduct a study
to--
(1) assess the impact of the wage increases
required by this Act through such date; and
(2) to project the impact of any further wage
increase,
on living standards and rates of employment in American Samoa
and the Commonwealth of the Northern Mariana Islands.
(b) Report.--Not later than the date that is 32 months
after the date of enactment of this Act, the Secretary of Labor
shall transmit to Congress a report on the findings of the
study required by subsection (a).
Subtitle B--Small Business Incentives
SEC. 7004. SHORT TITLE.
This subtitle may be cited as the ``Small Business and Work
Opportunity Act of 2007''.
SEC. 7005. ENHANCED COMPLIANCE ASSISTANCE FOR SMALL BUSINESSES.
(a) In General.--Section 212 of the Small Business
Regulatory Enforcement Fairness Act of 1996 (5 U.S.C. 601 note)
is amended by striking subsection (a) and inserting the
following:
``(a) Compliance Guide.--
``(1) In general.--For each rule or group of
related rules for which an agency is required to
prepare a final regulatory flexibility analysis under
section 605(b) of title 5, United States Code, the
agency shall publish 1 or more guides to assist small
entities in complying with the rule and shall entitle
such publications `small entity compliance guides'.
``(2) Publication of guides.--The publication of
each guide under this subsection shall include--
``(A) the posting of the guide in an easily
identified location on the website of the
agency; and
``(B) distribution of the guide to known
industry contacts, such as small entities,
associations, or industry leaders affected by
the rule.
``(3) Publication date.--An agency shall publish
each guide (including the posting and distribution of
the guide as described under paragraph (2))--
``(A) on the same date as the date of
publication of the final rule (or as soon as
possible after that date); and
``(B) not later than the date on which the
requirements of that rule become effective.
``(4) Compliance actions.--
``(A) In general.--Each guide shall explain
the actions a small entity is required to take
to comply with a rule.
``(B) Explanation.--The explanation under
subparagraph (A)--
``(i) shall include a description
of actions needed to meet the
requirements of a rule, to enable a
small entity to know when such
requirements are met; and
``(ii) if determined appropriate by
the agency, may include a description
of possible procedures, such as
conducting tests, that may assist a
small entity in meeting such
requirements, except that, compliance
with any procedures described pursuant
to this section does not establish
compliance with the rule, or establish
a presumption or inference of such
compliance.
``(C) Procedures.--Procedures described
under subparagraph (B)(ii)--
``(i) shall be suggestions to
assist small entities; and
``(ii) shall not be additional
requirements, or diminish requirements,
relating to the rule.
``(5) Agency preparation of guides.--The agency
shall, in its sole discretion, taking into account the
subject matter of the rule and the language of relevant
statutes, ensure that the guide is written using
sufficiently plain language likely to be understood by
affected small entities. Agencies may prepare separate
guides covering groups or classes of similarly affected
small entities and may cooperate with associations of
small entities to develop and distribute such guides.
An agency may prepare guides and apply this section
with respect to a rule or a group of related rules.
``(6) Reporting.--Not later than 1 year after the
date of enactment of the Fair Minimum Wage Act of 2007,
and annually thereafter, the head of each agency shall
submit a report to the Committee on Small Business and
Entrepreneurship of the Senate, the Committee on Small
Business of the House of Representatives, and any other
committee of relevant jurisdiction describing the
status of the agency's compliance with paragraphs (1)
through (5).''.
(b) Technical and Conforming Amendment.--Section 211(3) of
the Small Business Regulatory Enforcement Fairness Act of 1996
(5 U.S.C. 601 note) is amended by inserting ``and entitled''
after ``designated''.
SEC. 7006. SMALL BUSINESS CHILD CARE GRANT PROGRAM.
(a) Establishment.--The Secretary of Health and Human
Services (referred to in this section as the ``Secretary'')
shall establish a program to award grants to States, on a
competitive basis, to assist States in providing funds to
encourage the establishment and operation of employer-operated
child care programs.
(b) Application.--To be eligible to receive a grant under
this section, a State shall prepare and submit to the Secretary
an application at such time, in such manner, and containing
such information as the Secretary may require, including an
assurance that the funds required under subsection (e) will be
provided.
(c) Amount and Period of Grant.--The Secretary shall
determine the amount of a grant to a State under this section
based on the population of the State as compared to the
population of all States receiving grants under this section.
The Secretary shall make the grant for a period of 3 years.
(d) Use of Funds.--
(1) In general.--A State shall use amounts provided
under a grant awarded under this section to provide
assistance to small businesses (or consortia formed in
accordance with paragraph (3)) located in the State to
enable the small businesses (or consortia) to establish
and operate child care programs. Such assistance may
include--
(A) technical assistance in the
establishment of a child care program;
(B) assistance for the startup costs
related to a child care program;
(C) assistance for the training of child
care providers;
(D) scholarships for low-income wage
earners;
(E) the provision of services to care for
sick children or to provide care to school-aged
children;
(F) the entering into of contracts with
local resource and referral organizations or
local health departments;
(G) assistance for care for children with
disabilities;
(H) payment of expenses for renovation or
operation of a child care facility; or
(I) assistance for any other activity
determined appropriate by the State.
(2) Application.--In order for a small business or
consortium to be eligible to receive assistance from a
State under this section, the small business involved
shall prepare and submit to the State an application at
such time, in such manner, and containing such
information as the State may require.
(3) Preference.--
(A) In general.--In providing assistance
under this section, a State shall give priority
to an applicant that desires to form a
consortium to provide child care in a
geographic area within the State where such
care is not generally available or accessible.
(B) Consortium.--For purposes of
subparagraph (A), a consortium shall be made up
of 2 or more entities that shall include small
businesses and that may include large
businesses, nonprofit agencies or
organizations, local governments, or other
appropriate entities.
(4) Limitations.--With respect to grant funds
received under this section, a State may not provide in
excess of $500,000 in assistance from such funds to any
single applicant.
(e) Matching Requirement.--To be eligible to receive a
grant under this section, a State shall provide assurances to
the Secretary that, with respect to the costs to be incurred by
a covered entity receiving assistance in carrying out
activities under this section, the covered entity will make
available (directly or through donations from public or private
entities) non-Federal contributions to such costs in an amount
equal to--
(1) for the first fiscal year in which the covered
entity receives such assistance, not less than 50
percent of such costs ($1 for each $1 of assistance
provided to the covered entity under the grant);
(2) for the second fiscal year in which the covered
entity receives such assistance, not less than 66\2/3\
percent of such costs ($2 for each $1 of assistance
provided to the covered entity under the grant); and
(3) for the third fiscal year in which the covered
entity receives such assistance, not less than 75
percent of such costs ($3 for each $1 of assistance
provided to the covered entity under the grant).
(f) Requirements of Providers.--To be eligible to receive
assistance under a grant awarded under this section, a child
care provider--
(1) who receives assistance from a State shall
comply with all applicable State and local licensing
and regulatory requirements and all applicable health
and safety standards in effect in the State; and
(2) who receives assistance from an Indian tribe or
tribal organization shall comply with all applicable
regulatory standards.
(g) State-Level Activities.--A State may not retain more
than 3 percent of the amount described in subsection (c) for
State administration and other State-level activities.
(h) Administration.--
(1) State responsibility.--A State shall have
responsibility for administering a grant awarded for
the State under this section and for monitoring covered
entities that receive assistance under such grant.
(2) Audits.--A State shall require each covered
entity receiving assistance under the grant awarded
under this section to conduct an annual audit with
respect to the activities of the covered entity. Such
audits shall be submitted to the State.
(3) Misuse of funds.--
(A) Repayment.--If the State determines,
through an audit or otherwise, that a covered
entity receiving assistance under a grant
awarded under this section has misused the
assistance, the State shall notify the
Secretary of the misuse. The Secretary, upon
such a notification, may seek from such a
covered entity the repayment of an amount equal
to the amount of any such misused assistance
plus interest.
(B) Appeals process.--The Secretary shall
by regulation provide for an appeals process
with respect to repayments under this
paragraph.
(i) Reporting Requirements.--
(1) 2-year study.--
(A) In general.--Not later than 2 years
after the date on which the Secretary first
awards grants under this section, the Secretary
shall conduct a study to determine--
(i) the capacity of covered
entities to meet the child care needs
of communities within States;
(ii) the kinds of consortia that
are being formed with respect to child
care at the local level to carry out
programs funded under this section; and
(iii) who is using the programs
funded under this section and the
income levels of such individuals.
(B) Report.--Not later than 28 months after
the date on which the Secretary first awards
grants under this section, the Secretary shall
prepare and submit to the appropriate
committees of Congress a report on the results
of the study conducted in accordance with
subparagraph (A).
(2) 4-year study.--
(A) In general.--Not later than 4 years
after the date on which the Secretary first
awards grants under this section, the Secretary
shall conduct a study to determine the number
of child care facilities that are funded
through covered entities that received
assistance through a grant awarded under this
section and that remain in operation, and the
extent to which such facilities are meeting the
child care needs of the individuals served by
such facilities.
(B) Report.--Not later than 52 months after
the date on which the Secretary first awards
grants under this section, the Secretary shall
prepare and submit to the appropriate
committees of Congress a report on the results
of the study conducted in accordance with
subparagraph (A).
(j) Definitions.--In this section:
(1) Covered entity.--The term ``covered entity''
means a small business or a consortium formed in
accordance with subsection (d)(3).
(2) Indian community.--The term ``Indian
community'' means a community served by an Indian tribe
or tribal organization.
(3) Indian tribe; tribal organization.--The terms
``Indian tribe'' and ``tribal organization'' have the
meanings given the terms in section 658P of the Child
Care and Development Block Grant Act of 1990 (42 U.S.C.
9858n).
(4) Small business.--The term ``small business''
means an employer who employed an average of at least 2
but not more than 50 employees on the business days
during the preceding calendar year.
(5) State.--The term ``State'' has the meaning
given the term in section 658P of the Child Care and
Development Block Grant Act of 1990 (42 U.S.C. 9858n).
(k) Application to Indian Tribes and Tribal
Organizations.--In this section:
(1) In general.--Except as provided in subsection
(f)(1), and in paragraphs (2) and (3), the term
``State'' includes an Indian tribe or tribal
organization.
(2) Geographic references.--The term ``State''
includes an Indian community in subsections (c) (the
second and third place the term appears), (d)(1) (the
second place the term appears), (d)(3)(A) (the second
place the term appears), and (i)(1)(A)(i).
(3) State-level activities.--The term ``State-level
activities'' includes activities at the tribal level.
(l) Authorization of Appropriations.--
(1) In general.--There is authorized to be
appropriated to carry out this section, $50,000,000 for
the period of fiscal years 2008 through 2012.
(2) Studies and administration.--With respect to
the total amount appropriated for such period in
accordance with this subsection, not more than
$2,500,000 of that amount may be used for expenditures
related to conducting studies required under, and the
administration of, this section.
(m) Termination of Program.--The program established under
subsection (a) shall terminate on September 30, 2012.
SEC. 7007. 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. 7008. RENEWAL GRANTS FOR WOMEN'S BUSINESS CENTERS.
(a) In General.--Section 29 of the Small Business Act (15
U.S.C. 656) is amended by adding at the end the following:
``(m) Continued Funding for Centers.--
``(1) In general.--A nonprofit organization
described in paragraph (2) shall be eligible to
receive, subject to paragraph (3), a 3-year grant under
this subsection.
``(2) Applicability.--A nonprofit organization
described in this paragraph is a nonprofit organization
that has received funding under subsection (b) or (l).
``(3) Application and approval criteria.--
``(A) Criteria.--Subject to subparagraph
(B), the Administrator shall develop and
publish criteria for the consideration and
approval of applications by nonprofit
organizations under this subsection.
``(B) Contents.--Except as otherwise
provided in this subsection, the conditions for
participation in the grant program under this
subsection shall be the same as the conditions
for participation in the program under
subsection (l), as in effect on the date of
enactment of this Act.
``(C) Notification.--Not later than 60 days
after the date of the deadline to submit
applications for each fiscal year, the
Administrator shall approve or deny any
application under this subsection and notify
the applicant for each such application.
``(4) Award of grants.--
``(A) In general.--Subject to the
availability of appropriations, the
Administrator shall make a grant for the
Federal share of the cost of activities
described in the application to each applicant
approved under this subsection.
``(B) Amount.--A grant under this
subsection shall be for not more than $150,000,
for each year of that grant.
``(C) Federal share.--The Federal share
under this subsection shall be not more than 50
percent.
``(D) Priority.--In allocating funds made
available for grants under this section, the
Administrator shall give applications under
this subsection or subsection (l) priority over
first-time applications under subsection (b).
``(5) Renewal.--
``(A) In general.--The Administrator may
renew a grant under this subsection for
additional 3-year periods, if the nonprofit
organization submits an application for such
renewal at such time, in such manner, and
accompanied by such information as the
Administrator may establish.
``(B) Unlimited renewals.--There shall be
no limitation on the number of times a grant
may be renewed under subparagraph (A).
``(n) Privacy Requirements.--
``(1) In general.--A women's business center may
not disclose the name, address, or telephone number of
any individual or small business concern receiving
assistance under this section without the consent of
such individual or small business concern, unless--
``(A) the Administrator is ordered to make
such a disclosure by a court in any civil or
criminal enforcement action initiated by a
Federal or State agency; or
``(B) the Administrator considers such a
disclosure to be necessary for the purpose of
conducting a financial audit of a women's
business center, but a disclosure under this
subparagraph shall be limited to the
information necessary for such audit.
``(2) Administration use of information.--This
subsection shall not--
``(A) restrict Administration access to
program activity data; or
``(B) prevent the Administration from using
client information (other than the information
described in subparagraph (A)) to conduct
client surveys.
``(3) Regulations.--The Administrator shall issue
regulations to establish standards for requiring
disclosures during a financial audit under paragraph
(1)(B).''.
(b) Repeal.--Section 29(l) of the Small Business Act (15
U.S.C. 656(l)) is repealed effective October 1 of the first
full fiscal year after the date of enactment of this Act.
(c) Transitional Rule.--Notwithstanding any other provision
of law, a grant or cooperative agreement that was awarded under
subsection (l) of section 29 of the Small Business Act (15
U.S.C. 656), on or before the day before the date described in
subsection (b) of this section, shall remain in full force and
effect under the terms, and for the duration, of such grant or
agreement.
SEC. 7009. 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)).''.
Subtitle C--Small Business Tax Incentives
SEC. 7510. SHORT TITLE; AMENDMENT OF CODE; TABLE OF CONTENTS.
(a) Short Title.--This subtitle may be cited as the ``Small
Business and Work Opportunity Tax Act of 2007''.
(b) Amendment of 1986 Code.--Except as otherwise expressly
provided, whenever in this subtitle an amendment or repeal is
expressed in terms of an amendment to, or repeal of, a section
or other provision, the reference shall be considered to be
made to a section or other provision of the Internal Revenue
Code of 1986.
(c) Table of Contents.--The table of contents of this
subtitle is as follows:
Subtitle C--Small Business Tax Incentives
Sec. 7510. Short title; amendment of Code; table of contents.
PART I--Small Business Tax Relief Provisions
SUBPART A--General Provisions
Sec. 7511. Extension and modification of work opportunity tax credit.
Sec. 7512. Extension and increase of expensing for small business.
Sec. 7513. Determination of credit for certain taxes paid with respect
to employee cash tips.
Sec. 7514. 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. 7515. Family business tax simplification.
SUBPART B--Gulf Opportunity Zone Tax Incentives
Sec. 7521. Extension of increased expensing for qualified section 179
Gulf Opportunity Zone property.
Sec. 7522. Extension and expansion of low-income housing credit rules
for buildings in the GO Zones.
Sec. 7523. Special tax-exempt bond financing rule for repairs and
reconstructions of residences in the GO Zones.
Sec. 7524. 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. 7531. Capital gain of S corporation not treated as passive
investment income.
Sec. 7532. Treatment of bank director shares.
Sec. 7533. Special rule for bank required to change from the reserve
method of accounting on becoming S corporation.
Sec. 7534. Treatment of the sale of interest in a qualified subchapter S
subsidiary.
Sec. 7535. Elimination of all earnings and profits attributable to pre-
1983 years for certain corporations.
Sec. 7536. Deductibility of interest expense on indebtedness incurred by
an electing small business trust to acquire S corporation
stock.
PART II--Revenue Provisions
Sec. 7541. Increase in age of minor children whose unearned income is
taxed as if parent's income.
Sec. 7542. Suspension of certain penalties and interest.
Sec. 7543. Modification of collection due process procedures for
employment tax liabilities.
Sec. 7544. Permanent extension of IRS user fees.
Sec. 7545. Increase in penalty for bad checks and money orders.
Sec. 7546. Understatement of taxpayer liability by return preparers.
Sec. 7547. Penalty for filing erroneous refund claims.
Sec. 7548. Time for payment of corporate estimated taxes.
PART I--SMALL BUSINESS TAX RELIEF PROVISIONS
Subpart A--General Provisions
SEC. 7511. EXTENSION AND MODIFICATION OF WORK OPPORTUNITY TAX CREDIT.
(a) Extension.--Section 51(c)(4)(B) (relating to
termination) is amended by striking ``December 31, 2007'' and
inserting ``August 31, 2011''.
(b) Increase in Maximum Age for Designated Community
Residents.--
(1) In general.--Paragraph (5) of section 51(d) is
amended to read as follows:
``(5) Designated community residents.--
``(A) In general.--The term `designated
community resident' means any individual who is
certified by the designated local agency--
``(i) as having attained age 18 but
not age 40 on the hiring date, and
``(ii) as having his principal
place of abode within an empowerment
zone, enterprise community, renewal
community, or rural renewal county.
``(B) Individual must continue to reside in
zone, community, or county.--In the case of a
designated community resident, the term
`qualified wages' shall not include wages paid
or incurred for services performed while the
individual's principal place of abode is
outside an empowerment zone, enterprise
community, renewal community, or rural renewal
county.
``(C) Rural renewal county.--For purposes
of this paragraph, the term `rural renewal
county' means any county which--
``(i) is outside a metropolitan
statistical area (defined as such by
the Office of Management and Budget),
and
``(ii) during the 5-year periods
1990 through 1994 and 1995 through 1999
had a net population loss.''.
(2) Conforming amendment.--Subparagraph (D) of
section 51(d)(1) is amended to read as follows:
``(D) a designated community resident,''.
(c) Clarification of Treatment of Individuals Under
Individual Work Plans.--Subparagraph (B) of section 51(d)(6)
(relating to vocational rehabilitation referral) is amended by
striking ``or'' at the end of clause (i), by striking the
period at the end of clause (ii) and inserting ``, or'', and by
adding at the end the following new clause:
``(iii) an individual work plan
developed and implemented by an
employment network pursuant to
subsection (g) of section 1148 of the
Social Security Act with respect to
which the requirements of such
subsection are met.''.
(d) Treatment of Disabled Veterans Under the Work
Opportunity Tax Credit.--
(1) Disabled veterans treated as members of
targeted group.--
(A) In general.--Subparagraph (A) of
section 51(d)(3) (relating to qualified
veteran) is amended by striking ``agency as
being a member of a family'' and all that
follows and inserting ``agency as--
``(i) being a member of a family
receiving assistance under a food stamp
program under the Food Stamp Act of
1977 for at least a 3-month period
ending during the 12-month period
ending on the hiring date, or
``(ii) entitled to compensation for
a service-connected disability, and--
``(I) having a hiring date
which is not more that 1 year
after having been discharged or
released from active duty in
the Armed Forces of the United
States, or
``(II) having aggregate
periods of unemployment during
the 1-year period ending on the
hiring date which equal or
exceed 6 months.''.
(B) Definitions.--Paragraph (3) of section
51(d) is amended by adding at the end the
following new subparagraph:
``(C) Other definitions.--For purposes of
subparagraph (A), the terms `compensation' and
`service-connected' have the meanings given
such terms under section 101 of title 38,
United States Code.''.
(2) Increase in amount of wages taken into account
for disabled veterans.--Paragraph (3) of section 51(b)
is amended--
(A) by inserting ``($12,000 per year in the
case of any individual who is a qualified
veteran by reason of subsection
(d)(3)(A)(ii))'' before the period at the end,
and
(B) by striking ``Only first $6,000 of'' in
the heading and inserting ``Limitation on''.
(e) Effective Date.--The amendments made by this section
shall apply to individuals who begin work for the employer
after the date of the enactment of this Act.
SEC. 7512. EXTENSION AND INCREASE OF EXPENSING FOR SMALL BUSINESS.
(a) Extension.--Subsections (b)(1), (b)(2), (b)(5), (c)(2),
and (d)(1)(A)(ii) of section 179 (relating to election to
expense certain depreciable business assets) are each amended
by striking ``2010'' and inserting ``2011''.
(b) Increase in Limitations.--Subsection (b) of section 179
is amended--
(1) by striking ``$100,000 in the case of taxable
years beginning after 2002'' in paragraph (1) and
inserting ``$125,000 in the case of taxable years
beginning after 2006'', and
(2) by striking ``$400,000 in the case of taxable
years beginning after 2002'' in paragraph (2) and
inserting ``$500,000 in the case of taxable years
beginning after 2006''.
(c) Inflation Adjustment.--Subparagraph (A) of section
179(b)(5) is amended--
(1) by striking ``2003'' and inserting ``2007'',
(2) by striking ``$100,000 and $400,000'' and
inserting ``$125,000 and $500,000'', and
(3) by striking ``2002'' in clause (ii) and
inserting ``2006''.
(d) Effective Date.--The amendments made by this section
shall apply to taxable years beginning after December 31, 2006.
SEC. 7513. DETERMINATION OF CREDIT FOR CERTAIN TAXES PAID WITH RESPECT
TO EMPLOYEE CASH TIPS.
(a) In General.--Subparagraph (B) of section 45B(b)(1) is
amended by inserting ``as in effect on January 1, 2007, and''
before ``determined without regard to''.
(b) Effective Date.--The amendment made by this section
shall apply to tips received for services performed after
December 31, 2006.
SEC. 7514. WAIVER OF INDIVIDUAL AND CORPORATE ALTERNATIVE MINIMUM TAX
LIMITS ON WORK OPPORTUNITY CREDIT AND CREDIT FOR
TAXES PAID WITH RESPECT TO EMPLOYEE CASH TIPS.
(a) Allowance Against Alternative Minimum Tax.--
Subparagraph (B) of section 38(c)(4) is amended by striking
``and'' at the end of clause (i), by inserting a comma at the
end of clause (ii), and by adding at the end the following new
clauses:
``(iii) the credit determined under
section 45B, and
``(iv) the credit determined under
section 51.''.
(b) Effective Date.--The amendments made by this section
shall apply to credits determined under sections 45B and 51 of
the Internal Revenue Code of 1986 in taxable years beginning
after December 31, 2006, and to carrybacks of such credits.
SEC. 7515. FAMILY BUSINESS TAX SIMPLIFICATION.
(a) In General.--Section 761 (defining terms for purposes
of partnerships) is amended by redesignating subsection (f) as
subsection (g) and by inserting after subsection (e) the
following new subsection:
``(f) Qualified Joint Venture.--
``(1) In general.--In the case of a qualified joint
venture conducted by a husband and wife who file a
joint return for the taxable year, for purposes of this
title--
``(A) such joint venture shall not be
treated as a partnership,
``(B) all items of income, gain, loss,
deduction, and credit shall be divided between
the spouses in accordance with their respective
interests in the venture, and
``(C) each spouse shall take into account
such spouse's respective share of such items as
if they were attributable to a trade or
business conducted by such spouse as a sole
proprietor.
``(2) Qualified joint venture.--For purposes of
paragraph (1), the term `qualified joint venture' means
any joint venture involving the conduct of a trade or
business if--
``(A) the only members of such joint
venture are a husband and wife,
``(B) both spouses materially participate
(within the meaning of section 469(h) without
regard to paragraph (5) thereof) in such trade
or business, and
``(C) both spouses elect the application of
this subsection.''.
(b) Net Earnings From Self-Employment.--
(1) Subsection (a) of section 1402 (defining net
earnings from self-employment) is amended by striking
``, and'' at the end of paragraph (15) and inserting a
semicolon, by striking the period at the end of
paragraph (16) and inserting ``; and'', and by
inserting after paragraph (16) the following new
paragraph:
``(17) notwithstanding the preceding provisions of
this subsection, each spouse's share of income or loss
from a qualified joint venture shall be taken into
account as provided in section 761(f) in determining
net earnings from self-employment of such spouse.''.
(2) Subsection (a) of section 211 of the Social
Security Act (defining net earnings from self-
employment) is amended by striking ``and'' at the end
of paragraph (14), by striking the period at the end of
paragraph (15) and inserting ``; and'', and by
inserting after paragraph (15) the following new
paragraph:
``(16) Notwithstanding the preceding provisions of
this subsection, each spouse's share of income or loss
from a qualified joint venture shall be taken into
account as provided in section 761(f) of the Internal
Revenue Code of 1986 in determining net earnings from
self-employment of such spouse.''.
(c) Effective Date.--The amendments made by this section
shall apply to taxable years beginning after December 31, 2006.
Subpart B--Gulf Opportunity Zone Tax Incentives
SEC. 7521. EXTENSION OF INCREASED EXPENSING FOR QUALIFIED SECTION 179
GULF OPPORTUNITY ZONE PROPERTY.
Paragraph (2) of section 1400N(e) (relating to qualified
section 179 Gulf Opportunity Zone property) is amended--
(1) by striking ``this subsection, the term'' and
inserting ``this subsection--
``(A) In general.--The term'', and
(2) by adding at the end the following new
subparagraph:
``(B) Extension for certain property.--In
the case of property substantially all of the
use of which is in one or more specified
portions of the GO Zone (as defined by
subsection (d)(6)), such term shall include
section 179 property (as so defined) which is
described in subsection (d)(2), determined--
``(i) without regard to subsection
(d)(6), and
``(ii) by substituting `2008' for
`2007' in subparagraph (A)(v)
thereof.''.
SEC. 7522. EXTENSION AND EXPANSION OF LOW-INCOME HOUSING CREDIT RULES
FOR BUILDINGS IN THE GO ZONES.
(a) Time for Making Low-Income Housing Credit
Allocations.--Subsection (c) of section 1400N (relating to low-
income housing credit) is amended by redesignating paragraph
(5) as paragraph (6) and by inserting after paragraph (4) the
following new paragraph:
``(5) Time for making low-income housing credit
allocations.--Section 42(h)(1)(B) shall not apply to an
allocation of housing credit dollar amount to a
building located in the Gulf Opportunity Zone, the Rita
GO Zone, or the Wilma GO Zone, if such allocation is
made in 2006, 2007, or 2008, and such building is
placed in service before January 1, 2011.''.
(b) Extension of Period for Treating GO Zones as Difficult
Development Areas.--
(1) In general.--Subparagraph (A) of section
1400N(c)(3) is amended by striking ``2006, 2007, or
2008'' and inserting ``the period beginning on January
1, 2006, and ending on December 31, 2010''.
(2) Conforming amendment.--Clause (ii) of section
1400N(c)(3)(B) is amended by striking ``such period''
and inserting ``the period described in subparagraph
(A)''.
(c) Community Development Block Grants Not Taken Into
Account in Determining if Buildings Are Federally Subsidized.--
Subsection (c) of section 1400N (relating to low-income housing
credit), as amended by this Act, is amended by redesignating
paragraph (6) as paragraph (7) and by inserting after paragraph
(5) the following new paragraph:
``(6) Community development block grants not taken
into account in determining if buildings are federally
subsidized.--For purpose of applying section
42(i)(2)(D) to any building which is placed in service
in the Gulf Opportunity Zone, the Rita GO Zone, or the
Wilma GO Zone during the period beginning on January 1,
2006, and ending on December 31, 2010, a loan shall not
be treated as a below market Federal loan solely by
reason of any assistance provided under section 106,
107, or 108 of the Housing and Community Development
Act of 1974 by reason of section 122 of such Act or any
provision of the Department of Defense Appropriations
Act, 2006, or the Emergency Supplemental Appropriations
Act for Defense, the Global War on Terror, and
Hurricane Recovery, 2006.''.
SEC. 7523. SPECIAL TAX-EXEMPT BOND FINANCING RULE FOR REPAIRS AND
RECONSTRUCTIONS OF RESIDENCES IN THE GO ZONES.
Subsection (a) of section 1400N (relating to tax-exempt
bond financing) is amended by adding at the end the following
new paragraph:
``(7) Special rule for repairs and
reconstructions.--
``(A) In general.--For purposes of section
143 and this subsection, any qualified GO Zone
repair or reconstruction shall be treated as a
qualified rehabilitation.
``(B) Qualified go zone repair or
reconstruction.--For purposes of subparagraph
(A), the term `qualified GO Zone repair or
reconstruction' means any repair of damage
caused by Hurricane Katrina, Hurricane Rita, or
Hurricane Wilma to a building located in the
Gulf Opportunity Zone, the Rita GO Zone, or the
Wilma GO Zone (or reconstruction of such
building in the case of damage constituting
destruction) if the expenditures for such
repair or reconstruction are 25 percent or more
of the mortgagor's adjusted basis in the
residence. For purposes of the preceding
sentence, the mortgagor's adjusted basis shall
be determined as of the completion of the
repair or reconstruction or, if later, the date
on which the mortgagor acquires the residence.
``(C) Termination.--This paragraph shall
apply only to owner-financing provided after
the date of the enactment of this paragraph and
before January 1, 2011.''.
SEC. 7524. GAO STUDY OF PRACTICES EMPLOYED BY STATE AND LOCAL
GOVERNMENTS IN ALLOCATING AND UTILIZING TAX
INCENTIVES PROVIDED PURSUANT TO THE GULF
OPPORTUNITY ZONE ACT OF 2005.
(a) In General.--The Comptroller General of the United
States shall conduct a study of the practices employed by State
and local governments, and subdivisions thereof, in allocating
and utilizing tax incentives provided pursuant to the Gulf
Opportunity Zone Act of 2005 and this Act.
(b) Submission of Report.--Not later than one year after
the date of the enactment of this Act, the Comptroller General
shall submit a report on the findings of the study conducted
under subsection (a) and shall include therein recommendations
(if any) relating to such findings. The report shall be
submitted to the Committee on Ways and Means of the House of
Representatives and the Committee on Finance of the Senate.
(c) Congressional Hearings.--In the case that the report
submitted under this section includes findings of significant
fraud, waste or abuse, each Committee specified in subsection
(b) shall, within 60 days after the date the report is
submitted under subsection (b), hold a public hearing to review
such findings.
Subpart C--Subchapter S Provisions
SEC. 7531. CAPITAL GAIN OF S CORPORATION NOT TREATED AS PASSIVE
INVESTMENT INCOME.
(a) In General.--Section 1362(d)(3) is amended by striking
subparagraphs (B), (C), (D), (E), and (F) and inserting the
following new subparagraph:
``(B) Passive investment income defined.--
``(i) In general.--Except as
otherwise provided in this
subparagraph, the term `passive
investment income' means gross receipts
derived from royalties, rents,
dividends, interest, and annuities.
``(ii) Exception for interest on
notes from sales of inventory.--The
term `passive investment income' shall
not include interest on any obligation
acquired in the ordinary course of the
corporation's trade or business from
its sale of property described in
section 1221(a)(1).
``(iii) Treatment of certain
lending or finance companies.--If the S
corporation meets the requirements of
section 542(c)(6) for the taxable year,
the term `passive investment income'
shall not include gross receipts for
the taxable year which are derived
directly from the active and regular
conduct of a lending or finance
business (as defined in section
542(d)(1)).
``(iv) Treatment of certain
dividends.--If an S corporation holds
stock in a C corporation meeting the
requirements of section 1504(a)(2), the
term `passive investment income' shall
not include dividends from such C
corporation to the extent such
dividends are attributable to the
earnings and profits of such C
corporation derived from the active
conduct of a trade or business.
``(v) Exception for banks, etc.--In
the case of a bank (as defined in
section 581) or a depository
institution holding company (as defined
in section 3(w)(1) of the Federal
Deposit Insurance Act (12 U.S.C.
1813(w)(1)), the term `passive
investment income' shall not include--
``(I) interest income
earned by such bank or company,
or
``(II) dividends on assets
required to be held by such
bank or company, including
stock in the Federal Reserve
Bank, the Federal Home Loan
Bank, or the Federal
Agricultural Mortgage Bank or
participation certificates
issued by a Federal
Intermediate Credit Bank.''.
(b) Conforming Amendment.--Clause (i) of section
1042(c)(4)(A) is amended by striking ``section 1362(d)(3)(C)''
and inserting ``section 1362(d)(3)(B)''.
(c) Effective Date.--The amendments made by this section
shall apply to taxable years beginning after the date of the
enactment of this Act.
SEC. 7532. TREATMENT OF BANK DIRECTOR SHARES.
(a) In General.--Section 1361 (defining S corporation) is
amended by adding at the end the following new subsection:
``(f) Restricted Bank Director Stock.--
``(1) In general.--Restricted bank director stock
shall not be taken into account as outstanding stock of
the S corporation in applying this subchapter (other
than section 1368(f)).
``(2) Restricted bank director stock.--For purposes
of this subsection, the term `restricted bank director
stock' means stock in a bank (as defined in section
581) or a depository institution holding company (as
defined in section 3(w)(1) of the Federal Deposit
Insurance Act (12 U.S.C. 1813(w)(1)), if such stock--
``(A) is required to be held by an
individual under applicable Federal or State
law in order to permit such individual to serve
as a director, and
``(B) is subject to an agreement with such
bank or company (or a corporation which
controls (within the meaning of section 368(c))
such bank or company) pursuant to which the
holder is required to sell back such stock (at
the same price as the individual acquired such
stock) upon ceasing to hold the office of
director.
``(3) Cross reference.--
``For treatment of certain distributions with respect to restricted bank
director stock, see section 1368(f)''.
(b) Distributions.--Section 1368 (relating to
distributions) is amended by adding at the end the following
new subsection:
``(f) Restricted Bank Director Stock.--If a director
receives a distribution (not in part or full payment in
exchange for stock) from an S corporation with respect to any
restricted bank director stock (as defined in section 1361(f)),
the amount of such distribution--
``(1) shall be includible in gross income of the
director, and
``(2) shall be deductible by the corporation for
the taxable year of such corporation in which or with
which ends the taxable year in which such amount in
included in the gross income of the director.''.
(c) Effective Dates.--
(1) In general.--The amendments made by this
section shall apply to taxable years beginning after
December 31, 2006.
(2) Special rule for treatment as second class of
stock.--In the case of any taxable year beginning after
December 31, 1996, restricted bank director stock (as
defined in section 1361(f) of the Internal Revenue Code
of 1986, as added by this section) shall not be taken
into account in determining whether an S corporation
has more than 1 class of stock.
SEC. 7533. SPECIAL RULE FOR BANK REQUIRED TO CHANGE FROM THE RESERVE
METHOD OF ACCOUNTING ON BECOMING S CORPORATION.
(a) In General.--Section 1361, as amended by this Act, is
amended by adding at the end the following new subsection:
``(g) Special Rule for Bank Required To Change From the
Reserve Method of Accounting on Becoming S Corporation.--In the
case of a bank which changes from the reserve method of
accounting for bad debts described in section 585 or 593 for
its first taxable year for which an election under section
1362(a) is in effect, the bank may elect to take into account
any adjustments under section 481 by reason of such change for
the taxable year immediately preceding such first taxable
year.''.
(b) Effective Date.--The amendments made by this section
shall apply to taxable years beginning after December 31, 2006.
SEC. 7534. TREATMENT OF THE SALE OF INTEREST IN A QUALIFIED SUBCHAPTER
S SUBSIDIARY.
(a) In General.--Subparagraph (C) of section 1361(b)(3)
(relating to treatment of terminations of qualified subchapter
S subsidiary status) is amended--
(1) by striking ``For purposes of this title,'' and
inserting the following:
``(i) In general.--For purposes of
this title,'', and
(2) by inserting at the end the following new
clause:
``(ii) Termination by reason of
sale of stock.--If the failure to meet
the requirements of subparagraph (B) is
by reason of the sale of stock of a
corporation which is a qualified
subchapter S subsidiary, the sale of
such stock shall be treated as if--
``(I) the sale were a sale
of an undivided interest in the
assets of such corporation
(based on the percentage of the
corporation's stock sold), and
``(II) the sale were
followed by an acquisition by
such corporation of all of its
assets (and the assumption by
such corporation of all of its
liabilities) in a transaction
to which section 351
applies.''.
(b) Effective Date.--The amendments made by this section
shall apply to taxable years beginning after December 31, 2006.
SEC. 7535. 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. 7536. DEDUCTIBILITY OF INTEREST EXPENSE ON INDEBTEDNESS INCURRED
BY AN ELECTING SMALL BUSINESS TRUST TO ACQUIRE S
CORPORATION STOCK.
(a) In General.--Subparagraph (C) of section 641(c)(2)
(relating to modifications) is amended by inserting after
clause (iii) the following new clause:
``(iv) Any interest expense paid or
accrued on indebtedness incurred to
acquire stock in an S corporation.''.
(b) Effective Date.--The amendment made by this section
shall apply to taxable years beginning after December 31, 2006.
PART II--REVENUE PROVISIONS
SEC. 7541. INCREASE IN AGE OF MINOR 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) Effective Date.--The amendment made by this section
shall apply to taxable years beginning after the date of the
enactment of this Act.
SEC. 7542. SUSPENSION OF CERTAIN PENALTIES AND INTEREST.
(a) In General.--Paragraphs (1)(A) and (3)(A) of section
6404(g) are each amended by striking ``18-month period'' and
inserting ``36-month period''.
(b) Effective Date.--The amendments made by this section
shall apply to notices provided by the Secretary of the
Treasury, or his delegate, after the date which is 6 months
after the date of the enactment of this Act.
SEC. 7543. MODIFICATION OF COLLECTION DUE PROCESS PROCEDURES FOR
EMPLOYMENT TAX LIABILITIES.
(a) In General.--Section 6330(f) (relating to jeopardy and
State refund collection) is amended--
(1) by striking ``; or'' at the end of paragraph
(1) and inserting a comma,
(2) by adding ``or'' at the end of paragraph (2),
and
(3) by inserting after paragraph (2) the following
new paragraph:
``(3) the Secretary has served a disqualified
employment tax levy,''.
(b) Disqualified Employment Tax Levy.--Section 6330 of such
Code (relating to notice and opportunity for hearing before
levy) is amended by adding at the end the following new
subsection:
``(h) Disqualified Employment Tax Levy.--For purposes of
subsection (f), a disqualified employment tax levy is any levy
in connection with the collection of employment taxes for any
taxable period if the person subject to the levy (or any
predecessor thereof) requested a hearing under this section
with respect to unpaid employment taxes arising in the most
recent 2-year period before the beginning of the taxable period
with respect to which the levy is served. For purposes of the
preceding sentence, the term `employment taxes' means any taxes
under chapter 21, 22, 23, or 24.''.
(c) Effective Date.--The amendments made by this section
shall apply to levies served on or after the date that is 120
days after the date of the enactment of this Act.
SEC. 7544. PERMANENT EXTENSION OF IRS USER FEES.
Section 7528 (relating to Internal Revenue Service user
fees) is amended by striking subsection (c).
SEC. 7545. INCREASE IN PENALTY FOR BAD CHECKS AND MONEY ORDERS.
(a) In General.--Section 6657 (relating to bad checks) is
amended--
(1) by striking ``$750'' and inserting ``$1,250'',
and
(2) by striking ``$15'' and inserting ``$25''.
(b) Effective Date.--The amendments made by this section
apply to checks or money orders received after the date of the
enactment of this Act.
SEC. 7546. UNDERSTATEMENT OF TAXPAYER LIABILITY BY RETURN PREPARERS.
(a) Application of Return Preparer Penalties to All Tax
Returns.--
(1) Definition of tax return preparer.--Paragraph
(36) of section 7701(a) (relating to income tax
preparer) is amended--
(A) by striking ``income'' each place it
appears in the heading and the text, and
(B) in subparagraph (A), by striking
``subtitle A'' each place it appears and
inserting ``this title''.
(2) Conforming amendments.--
(A)(i) Section 6060 is amended by striking
``INCOME TAX RETURN PREPARERS'' in the heading
and inserting ``TAX RETURN PREPARERS''.
(ii) Section 6060(a) is amended--
(I) by striking ``an income tax
return preparer'' each place it appears
and inserting ``a tax return
preparer'',
(II) by striking ``each income tax
return preparer'' and inserting ``each
tax return preparer'', and
(III) by striking ``another income
tax return preparer'' and inserting
``another tax return preparer''.
(iii) The item relating to section 6060 in
the table of sections for subpart F of part III
of subchapter A of chapter 61 is amended by
striking ``income tax return preparers'' and
inserting ``tax return preparers''.
(iv) Subpart F of part III of subchapter A
of chapter 61 is amended by striking ``Income
Tax Return Preparers'' in the heading and
inserting ``Tax Return Preparers''.
(v) The item relating to subpart F in the
table of subparts for part III of subchapter A
of chapter 61 is amended by striking ``income
tax return preparers'' and inserting ``tax
return preparers''.
(B) Section 6103(k)(5) is amended--
(i) by striking ``income tax return
preparer'' each place it appears and
inserting ``tax return preparer'', and
(ii) by striking ``income tax
return preparers'' each place it
appears and inserting ``tax return
preparers''.
(C)(i) Section 6107 is amended--
(I) by striking ``INCOME TAX RETURN
PREPARER'' in the heading and inserting
``TAX RETURN PREPARER'',
(II) by striking ``an income tax
return preparer'' each place it appears
in subsections (a) and (b) and
inserting ``a tax return preparer'',
(III) by striking ``Income Tax
Return Preparer'' in the heading for
subsection (b) and inserting ``Tax
Return Preparer'', and
(IV) in subsection (c), by striking
``income tax return preparers'' and
inserting ``tax return preparers''.
(ii) The item relating to section 6107 in
the table of sections for subchapter B of
chapter 61 is amended by striking ``Income tax
return preparer'' and inserting ``Tax return
preparer''.
(D) Section 6109(a)(4) is amended--
(i) by striking ``an income tax
return preparer'' and inserting ``a tax
return preparer'', and
(ii) by striking ``income return
preparer'' in the heading and inserting
``tax return preparer''.
(E) Section 6503(k)(4) is amended by
striking ``Income tax return preparers'' and
inserting ``Tax return preparers''.
(F)(i) Section 6694 is amended--
(I) by striking ``INCOME TAX RETURN
PREPARER'' in the heading and inserting
``TAX RETURN PREPARER'',
(II) by striking ``an income tax
return preparer'' each place it appears
and inserting ``a tax return
preparer'',
(III) in subsection (c)(2), by
striking ``the income tax return
preparer'' and inserting ``the tax
return preparer'',
(IV) in subsection (e), by striking
``subtitle A'' and inserting ``this
title'', and
(V) in subsection (f), by striking
``income tax return preparer'' and
inserting ``tax return preparer''.
(ii) The item relating to section 6694 in
the table of sections for part I of subchapter
B of chapter 68 is amended by striking ``income
tax return preparer'' and inserting ``tax
return preparer''.
(G)(i) Section 6695 is amended--
(I) by striking ``INCOME'' in the
heading, and
(II) by striking ``an income tax
return preparer'' each place it appears
and inserting ``a tax return
preparer''.
(ii) Section 6695(f) is amended--
(I) by striking ``subtitle A'' and
inserting ``this title'', and
(II) by striking ``the income tax
return preparer'' and inserting ``the
tax return preparer''.
(iii) The item relating to section 6695 in
the table of sections for part I of subchapter
B of chapter 68 is amended by striking
``income''.
(H) Section 6696(e) is amended by striking
``subtitle A'' each place it appears and
inserting ``this title''.
(I)(i) Section 7407 is amended--
(I) by striking ``INCOME TAX RETURN
PREPARERS'' in the heading and
inserting ``TAX RETURN PREPARERS'',
(II) by striking ``an income tax
return preparer'' each place it appears
and inserting ``a tax return
preparer'',
(III) by striking ``income tax
preparer'' both places it appears in
subsection (a) and inserting ``tax
return preparer'', and
(IV) by striking ``income tax
return'' in subsection (a) and
inserting ``tax return''.
(ii) The item relating to section 7407 in
the table of sections for subchapter A of
chapter 76 is amended by striking ``income tax
return preparers'' and inserting ``tax return
preparers''.
(J)(i) Section 7427 is amended--
(I) by striking ``INCOME TAX RETURN
PREPARERS'' in the heading and
inserting ``TAX RETURN PREPARERS'', and
(II) by striking ``an income tax
return preparer'' and inserting ``a tax
return preparer''.
(ii) The item relating to section 7427 in
the table of sections for subchapter B of
chapter 76 is amended to read as follows:
``Sec. 7427. Tax return preparers.''.
(b) Modification of Penalty for Understatement of
Taxpayer's Liability by Tax Return Preparer.--Subsections (a)
and (b) of section 6694 are amended to read as follows:
``(a) Understatement Due to Unreasonable Positions.--
``(1) In general.--Any tax return preparer who
prepares any return or claim for refund with respect to
which any part of an understatement of liability is due
to a position described in paragraph (2) shall pay a
penalty with respect to each such return or claim in an
amount equal to the greater of--
``(A) $1,000, or
``(B) 50 percent of the income derived (or
to be derived) by the tax return preparer with
respect to the return or claim.
``(2) Unreasonable position.--A position is
described in this paragraph if--
``(A) the tax return preparer knew (or
reasonably should have known) of the position,
``(B) there was not a reasonable belief
that the position would more likely than not be
sustained on its merits, and
``(C)(i) the position was not disclosed as
provided in section 6662(d)(2)(B)(ii), or
``(ii) there was no reasonable basis for
the position.
``(3) Reasonable cause exception.--No penalty shall
be imposed under this subsection if it is shown that
there is reasonable cause for the understatement and
the tax return preparer acted in good faith.
``(b) Understatement Due to Willful or Reckless Conduct.--
``(1) In general.--Any tax return preparer who
prepares any return or claim for refund with respect to
which any part of an understatement of liability is due
to a conduct described in paragraph (2) shall pay a
penalty with respect to each such return or claim in an
amount equal to the greater of--
``(A) $5,000, or
``(B) 50 percent of the income derived (or
to be derived) by the tax return preparer with
respect to the return or claim.
``(2) Willful or reckless conduct.--Conduct
described in this paragraph is conduct by the tax
return preparer which is--
``(A) a willful attempt in any manner to
understate the liability for tax on the return
or claim, or
``(B) a reckless or intentional disregard
of rules or regulations.
``(3) Reduction in penalty.--The amount of any
penalty payable by any person by reason of this
subsection for any return or claim for refund shall be
reduced by the amount of the penalty paid by such
person by reason of subsection (a).''.
(c) Effective Date.--The amendments made by this section
shall apply to returns prepared after the date of the enactment
of this Act.
SEC. 7547. PENALTY FOR FILING ERRONEOUS REFUND CLAIMS.
(a) In General.--Part I of subchapter B of chapter 68
(relating to assessable penalties) is amended by inserting
after section 6675 the following new section:
``SEC. 6676. ERRONEOUS CLAIM FOR REFUND OR CREDIT.
``(a) Civil Penalty.--If a claim for refund or credit with
respect to income tax (other than a claim for a refund or
credit relating to the earned income credit under section 32)
is made for an excessive amount, unless it is shown that the
claim for such excessive amount has a reasonable basis, the
person making such claim shall be liable for a penalty in an
amount equal to 20 percent of the excessive amount.
``(b) Excessive Amount.--For purposes of this section, the
term `excessive amount' means in the case of any person the
amount by which the amount of the claim for refund or credit
for any taxable year exceeds the amount of such claim allowable
under this title for such taxable year.
``(c) Coordination With Other Penalties.--This section
shall not apply to any portion of the excessive amount of a
claim for refund or credit which is subject to a penalty
imposed under part II of subchapter A of chapter 68.''.
(b) Conforming Amendment.--The table of sections for part I
of subchapter B of chapter 68 is amended by inserting after the
item relating to section 6675 the following new item:
``Sec. 6676. Erroneous claim for refund or credit.''.
(c) Effective Date.--The amendments made by this section
shall apply to any claim filed or submitted after the date of
the enactment of this Act.
SEC. 7548. TIME FOR PAYMENT OF CORPORATE ESTIMATED TAXES.
Subparagraph (B) of section 401(1) of the Tax Increase
Prevention and Reconciliation Act of 2005 is amended by
striking ``106.25 percent'' and inserting ``114.25 percent''.
This Act may be cited as the ``U.S. Troop Readiness,
Veterans' Care, Katrina Recovery, and Iraq Accountability
Appropriations Act, 2007''.
And the Senate agree to the same.
David R. Obey,
Rosa L. DeLauro,
John P. Murtha,
Peter J. Visclosky,
Nita Lowey,
Carolyn Kilpatrick,
Norman D. Dicks,
Chet Edwards,
Alan B. Mollohan,
John Olver,
Jose E. Serrano,
Debbie Wasserman Schultz,
James E. Clyburn,
Managers on the Part of the House.
Robert C. Byrd,
Daniel K. Inouye,
Patrick J. Leahy,
Tom Harkin,
Barbara A. Mikulski,
Herb Kohl,
Patty Murray,
Byron L. Dorgan,
Dianne Feinstein,
Richard J. Durbin,
Tim Johnson,
Mary L. Landrieu,
Jack Reed,
Frank R. Lautenberg,
Ben Nelson,
Managers on the Part of the Senate.
JOINT EXPLANATORY STATEMENT OF THE COMMITTEE OF CONFERENCE
The managers on the part of the House and the Senate at
the conference on the disagreeing votes of the two Houses on
the amendment of the Senate to the bill (H.R. 1591) making
emergency supplemental appropriations for the fiscal year
ending September 30, 2007, and for other purposes, submit the
following joint statement to the House and the Senate in
explanation of the effects of the action agreed upon by the
managers and recommended in the accompanying conference report.
Report language included by the House in the report
accompanying H.R. 1591 (H. Rept. 110-60) and included by the
Senate in the report accompanying S. 965 (S. Rept. 110-37)
should be complied with unless specifically addressed in this
statement of the managers. The statement of the managers, while
repeating some report language for emphasis, is not intended to
negate the language referred to above unless expressly provided
herein.
The conference agreement designates amounts in title I as
emergency requirements pursuant to section 402 of H. Con. Res.
95 (109th Congress) and as making appropriations for
contingency operations directly related to the global war on
terrorism and other unanticipated defense-related operations
pursuant to section 402 of H. Con. Res. 376 (109th Congress).
Further, the agreement designates amounts in titles II, III, V,
and VI as emergency requirements pursuant to section 402 of H.
Con. Res. 95 (109th Congress) and pursuant to section 501 of H.
Con. Res. 376 (109th Congress). The House proposed designations
under H. Con. Res. 376 on an item-by-item basis, while the
Senate included designations under H. Con. Res. 95 title-by-
title.
TITLE I--SUPPLEMENTAL APPROPRIATIONS FOR THE GLOBAL WAR ON TERROR
CHAPTER 1--DEPARTMENT OF AGRICULTURE
Foreign Agricultural Service
PUBLIC LAW 480 TITLE II GRANTS
The conference agreement provides $460,000,000, to be
available until expended, for Public Law 480 Title II grants,
instead of $450,000,000 as proposed by the House and
$475,000,000 as proposed by the Senate.
The Farm Security and Rural Investment Act of 2002
required the establishment of a micronutrient fortification
program relating to the utilization of foods for humanitarian
assistance programs such as title II of Public Law 480. The
conferees encourage the Secretary of Agriculture to move
forward with such a program. The conferees direct that any such
funds used for this purpose during fiscal year 2007 should be
used for internal federal agency operations to develop a
framework for this program and not be used for the purpose of
executing any grant, contract, or cooperative agreement with a
non-federal entity.
GENERAL PROVISION--THIS CHAPTER
Sec. 1101. The conference agreement provides $40,000,000,
instead of $82,000,000 as proposed by the Senate, for
replenishment of the Bill Emerson Humanitarian Trust.
The conferees direct the Secretary to provide quarterly
reports to the Committees on Appropriations of the House of
Representatives and the Senate on the available cash, amount of
commodity by type, and detail of disbursements made during that
quarterly period.
CHAPTER 2--DEPARTMENT OF JUSTICE
Legal Activities
SALARIES AND EXPENSES, GENERAL LEGAL ACTIVITIES
The conference agreement includes $1,648,000 for General
Legal Activities for the Criminal Division as proposed by the
House, instead of $4,093,000 as proposed by the Senate and
requested by the President. The funds are provided for
litigation support services to the Special Inspector General
for Iraqi Reconstruction for ongoing investigations and cases
involving corruption in the reconstruction of Iraq. The
conference agreement does not include $2,445,000 as requested
by the President and as proposed by the Senate to create Iraq
and Afghanistan Support Units within General Legal Activities,
Criminal Division. While the conferees support these
activities, they can be provided for with funds available to
the Secretary of State.
SALARIES AND EXPENSES, UNITED STATES ATTORNEYS
The conference agreement includes $5,000,000 for the
United States Attorneys as proposed by the House and requested
by the President, instead of $12,500,000 as proposed by the
Senate. The funds are provided for extraordinary litigation
expenses associated with terrorism prosecutions.
United States Marshals Service
SALARIES AND EXPENSES
The conference agreement includes $6,450,000 for the
United States Marshals Service, instead of $2,750,000 as
proposed by the House and $32,500,000 as proposed by the
Senate. The funds are provided for security at high-threat
terrorist trials in the United States and to support judicial
and witness security in Afghanistan.
The conference agreement does not include a rescission of
$15,000,000 from funds made available in this Act for
Department of State Educational and Cultural Exchange Programs,
as proposed by the Senate.
The conferees are aware of substandard conditions in
space occupied by U.S. Marshals Service employees in the
Moultrie Courthouse Building in the District of Columbia. The
Senate bill included funds within chapter 2 of title I for the
U.S. Marshals to address some of the problems, but the
conference agreement does not include these funds. The
conferees direct the U.S. Marshals and the District of Columbia
Courts to work together in a coordinated manner to develop a
renovation and improvement plan that addresses these issues.
The conferees believe that the Committees on Appropriations
should consider progress in these plans when developing the
fiscal year 2008 appropriations bills.
The conferees also direct that the Inspector General of
the Department of Justice shall conduct a review of the health,
safety, and security conditions in the Moultrie Courthouse
Building space occupied by the U.S. Marshals. Not later than 90
days after the date of the enactment of this Act, the Inspector
General of the Department of Justice shall submit to the
Committees on Appropriations a written report that contains the
findings of the review and includes recommendations, as may be
appropriate.
National Security Division
SALARIES AND EXPENSES
The conference agreement includes $1,736,000 for the
National Security Division for investigations and prosecutions
as proposed by the House and Senate.
Federal Bureau of Investigation
SALARIES AND EXPENSES
The conference agreement includes $268,000,000 for the
Federal Bureau of Investigation (FBI) instead of $118,260,000
as proposed by the House and as requested by the President and
$348,260,000 as proposed by the Senate. Funding is provided for
counterterrorism and weapons of mass destruction operations and
support requirements.
The conferees concur with the language in the Senate
report regarding the March 2007 report by the Office of
Inspector General (OIG) regarding the FBI's use of national
security letters. The conferees are extremely concerned by the
OIG report and the failings of the FBI to correct the actions
earlier in the investigation. The conference agreement includes
$10,000,000 as proposed by the Senate to ensure that the
Inspector General's recommendations are implemented by the FBI
in an expeditious manner. The conference agreement includes
bill language transferring $500,000 to the OIG from the FBI for
continued audits and investigations related to national
security letters.
Drug Enforcement Administration
SALARIES AND EXPENSES
The conference agreement includes $12,166,000 for the
Drug Enforcement Administration (DEA) instead of $8,468,000 as
proposed by the House and as requested by the President and
$25,100,000 as proposed by the Senate. The funds provided above
the amount requested by the President are provided to hire
additional DEA special agents and support personnel related to
the Global War on Terror. The conferees concur with language in
the House report directing the DEA Administrator to submit a
report on a plan to target and arrest Afghan Drug Kingpins.
Bureau of Alcohol, Tobacco, Firearms and Explosives
SALARIES AND EXPENSES
The conference agreement includes $4,000,000 for the
Bureau of Alcohol, Tobacco, Firearms and Explosives, as
proposed by the House and the Senate and as requested by the
President.
Federal Prison System
SALARIES AND EXPENSES
The conference agreement includes $17,000,000 for the
Federal Prison System, as proposed by the House and the Senate
and as requested by the President.
CHAPTER 3
DEPARTMENT OF DEFENSE--MILITARY
The conference agreement provides $95,528,670,000 for the
Department of Defense, instead of $95,529,712,000, as proposed
by the House, and $93,532,793,000, as proposed by the Senate.
The following table provides details of the supplemental
appropriations for the Department of Defense--Military.
Reporting Requirements
The conferees direct the Secretary of Defense to provide
a report to the congressional defense committees within 30 days
after the date of enactment of this legislation on the
allocation of the funds within the accounts listed in this
chapter. The Secretary shall submit updated reports 30 days
after the end of each fiscal quarter until funds listed in this
chapter are no longer available for obligation. The conferees
direct that these reports shall include: a detailed accounting
of obligations and expenditures of appropriations provided in
this chapter by program and sub activity group for the
continuation of the war in Iraq and Afghanistan; a listing of
equipment procured using funds provided in this chapter. The
conferees expect that in order to meet unanticipated
requirements, the Department of Defense may need to transfer
funds within these appropriations accounts for purposes other
than those specified in this report. The conferees direct the
Department of Defense to follow normal prior approval
reprogramming procedures should it be necessary to transfer
funding between different appropriations accounts in this
chapter.
Mine Resistant Ambush Protected Vehicles (MRAPs)
The amended supplemental budget request includes
$1,832,300,000 for Mine Resistant Ambush Protected (MRAPs)
Vehicles. These vehicles provide superior protection to our
troops from Improvised Explosive Devices (IEDs). Recognizing
the survivability enhancements brought to our warfighters by
MRAPs, Congress previously appropriated $592,000,000 for MRAPs
in fiscal year 2007. Since IEDs continue to be the biggest
threat to our troops in theater, the conferees believe it is
imperative that these critical force protection items be
provided to the warfighter as quickly as possible. Therefore,
based on the most current information provided by the military
services, the conferees provide $1,200,000,000 above the
request for a total of $3,032,300,000 for MRAPs in the
conference agreement. Further, the conferees designate MRAPs as
a congressional interest item. The table below delineates MRAP
funding in the conference agreement by appropriations account.
Given this program's critical importance, the conferees
expect funds to be placed on contract expeditiously and direct
the military services to jointly report to the congressional
defense committees no later than 30 days after the enactment of
this Act on the MRAP program's status, requirements, and the
execution of funds provided in the conference agreement.
Further, the conferees direct the services to provide updates
to the congressional defense committees every 30 days
thereafter until all funds provided in the conference agreement
are fully obligated.
FY 2007 SUPPLEMENTAL MRAP FUNDING
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Supplemental Conference vs.
Request Conference Request
----------------------------------------------------------------------------------------------------------------
Operation and Maintenance, Navy........................... 24,000 24,000 ................
Other Procurement Army, line 129.......................... 770,000 1,217,000 +447,000
Other Procurement, Navy, line 124......................... 122,000 130,040 +8,040
Procurement, Marine Corps, line 70........................ 678,000 1,263,360 +585,360
Other Procurement, Air Force, line 8 (Air Force).......... 15,200 139,040 +123,840
Procurement, Defense-wide, line 59 (SOCOM)................ 73,100 108,860 +35,760
Procurement, Defense-wide, line 61 (SOCOM)................ 150,000 150,000 ................
-----------------------------------------------------
Total, MRAPs.......................................... 1,832,300 3,032,300 +1,200,000
----------------------------------------------------------------------------------------------------------------
Classified Programs
Recommended adjustments to classified programs are
addressed in a classified annex accompanying this conference
report.
MILITARY PERSONNEL
The conference agreement on items addressed by either the
House or the Senate is as follows:
The conference agreement provides $13,507,993,000 for
Military Personnel, instead of $ 13,566,940,000 as proposed by
the House, and $13,435,445,000 as proposed by the Senate. The
conferees provide $1,148,369,000 above the President's request
to fully fund all identified shortfalls for Basic Allowance for
Housing for the remainder of fiscal year 2007.
The conferees are encouraged by the recent success of the
Armed Forces to meet or exceed their established recruiting and
retention goals and urge the Services to continue pursuing
innovative and cost-effective programs to attract and retain
high-quality personnel. However, recruiting and retaining
challenges still exist, particularly within highly specialized
occupational disciplines.
For this reason, the conference agreement fully funds the
supplemental request for recruiting and retention incentives
and provides an additional $10,000,000 to specific reserve
components that identified recruitment and retention
shortfalls.
Military Personnel, Army
The conference agreement on items addressed by either the
House or the Senate is as follows:
Army Physical Disability System
The conferees direct the Secretary of the Army to take
the necessary actions to implement the recommendations of the
Army Inspector General to improve legal representation for
soldiers pursuing claims through the Army Physical Disability
Evaluation System.
Military Personnel, Navy
The conference agreement on items addressed by either the
House or the Senate is as follows:
Military Personnel, Marine Corps
The conference agreement on items addressed by either the
House or the Senate is as follows:
Military Personnel, Air Force
The conference agreement on items addressed by either the
House or the Senate is as follows:
Reserve Personnel, Army
The conference agreement on items addressed by either the
House or the Senate is as follows:
Reserve Personnel, Navy
The conference agreement on items addressed by either the
House or the Senate is as follows:
Reserve Personnel, Marine Corps
The conference agreement on items addressed by either the
House or the Senate is as follows:
Reserve Personnel, Air Force
The conference agreement on items addressed by either the
House or the Senate is as follows:
National Guard Personnel, Army
The conference agreement on items addressed by either the
House or the Senate is as follows:
National Guard Personnel, Air Force
The conference agreement on items addressed by either the
House or the Senate is as follows:
OPERATION AND MAINTENANCE
The conference agreement on items addressed by either the
House or the Senate is as follows:
The conference agreement provides $50,429,975,000 for
Operation and Maintenance, instead of $52,499,979,000 as
proposed by the House, and $48,784,490,000 as proposed by the
Senate. The conferees provide a net increase of $171,368,000
above the President's request. The level of funding agreed to
by the conferees fully funds critical ground combat operations,
flying hours, military intelligence activities, logistical
support, fuel purchases, base support, depot maintenance and
over-ocean transportation related to the wars in Iraq and
Afghanistan.
The conferees believe that military operations in
Afghanistan are vital to defeating terrorism and therefore
provide an additional $750,000,000 for Operation Enduring
Freedom above the original budget request as follows:
Operation Enduring Freedom
[In millions of dollars]
Army.............................................................. +510
Navy.............................................................. +100
Marine Corps...................................................... +45
Air Force......................................................... +80
Defense-wide...................................................... +15
______
Total OEF................................................. +750
Operation and Maintenance, Army
The conference agreement on items addressed by either the
House or the Senate is as follows:
Commanders' Emergency Response Program
Within the funds provided for Operation and Maintenance,
Army, the conference agreement includes $456,400,000 for the
Commanders' Emergency Response Program (CERP). Within this
amount, $350,400,000 shall be for CERP activities in Iraq and
$106,000,000 for activities in Afghanistan.
The following table provides details within Operation and
Maintenance, Army line items recommended by the conferees:
------------------------------------------------------------------------
Conference
Line and Category Recommendation
------------------------------------------------------------------------
135 OIF/OEF Operations and Sustainment.............. $3,472,494
135 LOGCAP.......................................... 2,511,402
135 Subsistence..................................... 965,300
135 IBA/RFI/Other Force Protection.................. 1,543,712
135 Predeployment Training and Support.............. 1,484,768
135 Active Component Overstrength (30K)............. 386,189
135 Soldier and Family Support...................... 863,365
135 Contract Linguists/Cultural Advisors............ 884,902
135 CONUS Base Support/Security..................... 851,903
135 Recruiting and Retention........................ 215,869
135 Reconstruction Support (GRD/PCO)................ 790,082
135 BCT Acceleration................................ 177,245
135 Theater Plus Up/Surge........................... 3,029,745
135 COCOM Regional War on Terror.................... 90,832
135 Other GWOT...................................... 218,949
135 Intelligence Activities......................... 119,859
------------------
Subtotal Additional Activities................... 17,606,616
136 CERP............................................ 456,400
411 Security programs............................... 597,614
421 Second Destination Transportation............... 1,712,749
------------------
Grand Total, Operation and Maintenance, Army. $20,373,379
------------------------------------------------------------------------
Operation and Maintenance, Navy
The conference agreement on items addressed by either the
House or the Senate is as follows:
Unexecutable Depot Maintenance
In the fiscal year 2007 emergency supplemental request,
the Navy requested funding for additional depot maintenance
associated with the surge of combat forces to Iraq and the
CENTCOM area of responsibility. Based on more recent analysis
of depot maintenance requirements subsequent to the budget
submission, the conferees reduce the amount of funding
identified by the Navy as being unexecutable in fiscal year
2007.
Operation and Maintenance, Marine Corps
The conference agreement on items addressed by either the
House or the Senate is as follows:
Unexecutable Funding
Subsequent to the budget submission, the Marine Corps
identified $300,000,000 that is unexecutable in fiscal year
2007 based on unanticipated lag time associated with current
funding execution.
Operation and Maintenance, Air Force
The conference agreement on items addressed by either the
House or the Senate is as follows:
Operation and Maintenance, Defense-Wide
The conference agreement on items addressed by either the
House or the Senate is as follows:
Expeditionary Virtual Network (EVNO)
The conference agreement deletes funds requested within
the Defense Information Systems Agency for the expeditionary
virtual network. The conferees direct that these activities
shall be funded within funds made available in this Act for the
Iraq Security Forces Fund.
SOAR Virtual School District
The conferees direct that the Deputy Undersecretary of
Defense for Military Community and Family Policy shall release
a request for proposal as soon as practicable for funding
provided in the fiscal year 2007 Defense Appropriations Act for
Student Online Achievement Resources (SOAR Virtual School
District), an Internet-based initiative designed to assist
children from military families reap the greatest benefit from
their public education, especially as families relocate and
students move from school to school. This effort shall involve
online assessments to identify strengths and weaknesses in both
literacy and math and will be provided by a teacher education
program of an institution of higher education that has
experience working with teachers to provide curricula for
children of Armed Forces personnel. Further, this project shall
link schools through a ``virtual school district,'' providing a
vehicle by which a student's individual performance records can
transfer to a student's new school.
Family Advocacy Programs
The conference agreement provides $10,000,000 for Family
Advocacy Programs, instead of $17,000,000 as proposed by the
House. Of the additional amounts provided, $4,000,000 is to
fund initiatives to bolster Guard and Reserve family pre-
deployment and post deployment support programs. These
initiatives should utilize Joint Reserve & Guard Family
Assistance Centers. The conferees also provide $6,000,000 to
support the child care needs of deployed Guard and Reserve
members in their local communities, to include respite and
emergency child care.
The conferees also are aware of and concerned about the
growing need for family members to have access to professional
counseling to help alleviate the mental stresses associated
with deployments. At select bases around the country, it has
been reported that children of service members are experiencing
higher truancy rates and falling grades in school. As such, the
conferees urge the family advocacy programs to work with the
Department's Health Affairs office, specifically the Defense
Health Program, to coordinate efforts to ensure that counseling
is provided to all family members of the active duty and
reserve component members on deployment or preparing for
deployment overseas.
Global Train and Equip
The conference report does not contain an emergency
appropriation requested by the Administration for Global Train
and Equip authorized under section 1206 of the Fiscal Year 2006
National Defense Authorization Act. Based upon discussions with
the Department of Defense, the conferees understand that the
Department, working with other federal agencies, has identified
requirements associated with Global Train and Equip activities,
and is developing a reprogramming request for consideration by
the congressional defense committees. The conferees await such
a request and anticipate favorable consideration of the
reprogramming, provided that the sources of funds meet the
committees' approval.
Handgun Replacement Study
The conferees provide $5,000,000 only for a study that
examines joint sidearm requirements (including service-unique
requirements, as appropriate), the M9 9mm handgun's
capabilities (including its lethality), and handgun and
ammunition alternatives that address these requirements. The
conferees understand that it will be necessary to purchase up
to 50 handguns and associated ammunition to conduct this study.
In order to inform deliberations on the fiscal year 2008
appropriations bill for the Department of Defense, the
conferees direct that the results of the study be provided in a
written report to the congressional defense committees by
August 31, 2007.
Operation and Maintenance, Army Reserve
The conference agreement on items addressed by either the
House or the Senate is as follows:
Operation and Maintenance, Navy Reserve
The conference agreement on items addressed by either the
House or the Senate is as follows:
Operation and Maintenance, Marine Corps Reserve
The conference agreement on items addressed by either the
House or the Senate is as follows:
Operation and Maintenance, Air Force Reserve
The conference agreement on items addressed by either the
House or the Senate is as follows:
Operation and Maintenance, Army National Guard
The conference agreement on items addressed by either the
House or the Senate is as follows:
Operation and Maintenance, Air National Guard
The conference agreement on items addressed by either the
House or the Senate is as follows:
Afghanistan Security Forces Fund
The conference agreement on items addressed by either the
House or the Senate is as follows:
Iraq Security Forces Fund
The conference agreement on items addressed by either the
House or the Senate is as follows:
Iraq Security Forces Fund
The conference agreement includes $3,842,300,000, the
same level as proposed by both the House and the Senate for the
Iraq Security Forces Fund. Within this amount, the conference
agreement includes $155,500,000 for assistance to the
Government of Iraq to disarm, demobilize and reintegrate
militias and illegal armed groups. The House had proposed to
delete these funds.
The conference agreement modifies a general provision
proposed by the House that required certain reports before the
obligation of more than 50 percent of the funds made available
under this heading.
The conference agreement deletes the withholding of funds
under this heading until the reports are provided and, in lieu
thereof, requires the submission of the aforementioned reports
to the congressional defense committees. The conferees note the
pressing need for the data mandated in these reports and fully
expect the Department of Defense and the Office of Management
and Budget to submit these reports, and any updates thereto,
within the timeframes identified in the provision.
Iraq Freedom Fund
The conference agreement on items addressed by either the
House or the Senate is as follows:
Joint Improvised Explosive Device Defeat Fund
The conference agreement on items addressed by either the
House or the Senate is as follows:
Joint Improvised Explosive Device Defeat Fund
The conference agreement provides $2,432,800,000 for the
Joint Improvised Explosive Device Defeat Organization (JIEDDO),
as requested, and proposed by both the House and the Senate.
Both chambers have expressed concerns with JIEDDO's management
practices, and the conferees concur with the findings made by
the respective Committees. The conferees direct the Joint
Improvised Explosive Device Defeat Organization to adhere to
the reporting requirements as set forth in Senate Report 110-37
and the direction and reprogramming requirements as set forth
in House Report 110-60.
The conferees agree to provide substantial resources to
the JIEDDO in support of the prescribed objective to develop
and field innovative solutions and countermeasures to mitigate
the critical threat posed by improvised explosive devices.
However, the conferees remain concerned with the organization's
financial management practices, including its continued failure
to provide a plan for obligation and expenditures for
previously appropriated and for currently requested funding.
The conferees are concerned that the organization is not
effectively managing its resources to deliver effective
counter-IED solutions to theater. Furthermore, the conferees
are concerned with the JIEDDO's inability to provide timely and
detailed responses to the congressional defense committees'
inquiries for specific information regarding its budget
requests. The conferees will be hard-pressed to fully fund
future budget requests unless the JIEDDO improves its financial
management practices and its responsiveness.
Strategic Reserve Readiness Fund
The conference agreement on items addressed by either the
House or the Senate is as follows:
Strategic Reserve Readiness Fund
The conference agreement provides $2,000,000,000 to
establish the Strategic Reserve Readiness Fund, instead of
$2,500,000,000 as proposed by the House. From the amount
provided, $1,000,000,000 shall be transferred to the National
Guard and Reserve Equipment appropriation to support
improvements to the readiness of the Army National Guard.
PROCUREMENT
The conference agreement on items addressed by either the
House or the Senate is as follows:
Aircraft Combat Losses
The conferees have agreed to fund procurement of aircraft
to replace combat losses. The conference agreement includes
funding for three F/A-18E/F aircraft to directly replace F/A-18
aircraft lost in combat and to fund a single EA-18G aircraft
which is a functional replacement for an EA-6B Prowler combat
loss. Additionally, funding is provided to bolster the
readiness and capabilities of aviation assets operating in
extremely high rates. As such, the conferees agree to fund six
UH-60 helicopters and five C-130 aircraft.
Funding for Efforts in Base Budget
The conferees agree to delete funding for procurement
items that are better suited to receive funding through the
normal budget process. Replacing obsolete computer equipment
and installing non-emergency equipment modifications or
upgrades should be funded as part of the base budget. The
Department of Defense is encouraged to appropriately identify
their needs so that only emergency items are requested in the
supplementals and routine procurements are funded in the normal
budget process. Additionally, the Department is reminded that
supplemental funding should not be requested for items that can
not be executed in a timely fashion.
Aircraft Procurement, Army
The conference agreement on items addressed by either the
House or the Senate is as follows:
Missile Procurement, Army
The conference agreement on items addressed by either the
House or the Senate is as follows:
Procurement of Weapons and Tracked Combat Vehicles, Army
The conference agreement on items addressed by either the
House or the Senate is as follows:
Procurement of Ammunition, Army
The conference agreement on items addressed by either the
House or the Senate is as follows:
Other Procurement, Army
The conference agreement on items addressed by either the
House or the Senate is as follows:
Single Channel Ground and Airborne Radio System (SINCGARS) Family
The conferees are concerned that the Army may not be
using all the available and qualified industrial capacity to
deliver funded quantities of SINCGARS radios to units in the
field. The conferees strongly encourage the Army to pursue
aggressively the necessary industrial capacity to produce the
needed SINCGARS radios and to equip the units of the Army,
including the Army Reserve Components, in a timely manner. The
conferees recommend $458,709,000 for SINCGARS radios, a
reduction of $75,000,000 from the amended budget request.
Additionally, $175,000,000 of the amount provided may not be
obligated by the Army until 15 days after the Secretary of the
Army provides a report to the congressional defense committees
that includes an evaluation of SINCGARS capable commercial off-
the-shelf tactical radios that can meet operational needs and
that explains the Army's strategy to leverage available
industrial capacity in order to produce the needed radios at a
significantly faster rate.
Aircraft Procurement, Navy
The conference agreement on items addressed by either the
House or the Senate is as follows:
Weapons Procurement, Navy
The conference agreement on items addressed by either the
House or the Senate is as follows:
Procurement of Ammunition, Navy and Marine Corps
The conference agreement on items addressed by either the
House or the Senate is as follows:
Other Procurement, Navy
The conference agreement on items addressed by either the
House or the Senate is as follows:
Procurement, Marine Corps
The conference agreement on items addressed by either the
House or the Senate is as follows:
Aircraft Procurement, Air Force
The conference agreement on items addressed by either the
House or the Senate is as follows:
Missile Procurement, Air Force
The conference agreement on items addressed by either the
House or the Senate is as follows:
Procurement of Ammunition, Air Force
The conference agreement on items addressed by either the
House or the Senate is as follows:
Handgun Replacement Program
The supplemental request includes $89,800,000 to replace
the Air Force M9 9mm handgun and associated ammunition. The
conferees understand that the Army, Marine Corps, Navy, and
Special Operations Command procure the M9 9mm handgun as their
standard issue sidearm. Therefore, the conferees believe that a
replacement or upgrade to the 9mm handgun should address joint
requirements. Since this coordination did not occur prior to
the supplemental budget submission, the conferees deny the
requested funding for a single service replacement program.
However, recognizing the importance of a reliable and lethal
sidearm to the warfighter, the conferees provide $5,000,000
only for a study that examines joint sidearm requirements
(including service-unique requirements, as appropriate), the M9
9mm handgun capabilities (including its lethality), and handgun
and ammunition alternatives that address these requirements.
The conferees understand that it will be necessary to purchase
up to 50 handguns and associated ammunition to conduct this
study. In order to inform deliberations on the fiscal year 2008
appropriations bill for the Department of Defense, the
conferees direct that the results of the study be provided in a
written report to the congressional defense committees by
August 31, 2007.
Other Procurement, Air Force
The conference agreement on items addressed by either the
House or the Senate is as follows:
Global Broadcast Service--Rucksack Portable Receive Suite
The conferees understand that additional research and
development would further reduce the weight of the Global
Broadcast Service--Rucksack Portable Receive Suite (GBS-RPRS).
Due to the premature request, the conferees deny funding for
this item, without prejudice. The conferees encourage the Air
Force to proceed with the development effort and intend to
review the program should a request be received for funding in
fiscal year 2008.
Procurement, Defense-Wide
The conference agreement on items addressed by either the
House or the Senate is as follows:
National Guard and Reserve Equipment
The conference agreement provides funding for National
Guard and Reserve Equipment for the Army National Guard in the
Strategic Reserve Readiness Fund instead of in the National
Guard and Reserve Equipment account as proposed by the Senate.
RESEARCH, DEVELOPMENT, TEST AND EVALUATION
The conference agreement on items addressed by either the
House or the Senate is as follows:
Research, Development, Test and Evaluation, Army
The conference agreement on items addressed by either the
House or the Senate is as follows:
Research, Development, Test and Evaluation, Navy
The conference agreement on items addressed by either the
House or the Senate is as follows:
Research, Development, Test and Evaluation, Air Force
The conference agreement on items addressed by either the
House or the Senate is as follows:
Research, Development, Test and Evaluation, Defense-Wide
The conference agreement on items addressed by either the
House or the Senate is as follows:
REVOLVING AND MANAGEMENT FUNDS
Defense Working Capital Funds
The conference agreement provides $1,315,526,000, as
proposed by both the House and the Senate.
National Defense Sealift Fund
The conference agreement provides $5,000,000 as proposed
by both the House and the Senate.
OTHER DEPARTMENT OF DEFENSE PROGRAMS
Defense Health Program
The conference agreement on items addressed by either the
House or the Senate is as follows:
The conference agreement provides $3,251,853,000 for the
Defense Health Program, instead of $2,789,703,000 as proposed
by the House and $2,466,847,000 as proposed by the Senate.
Traumatic Brain Injury (TBI) and Post Traumatic Stress Disorder (PTSD)
Treatment and Research
The conferees believe that, if a service member is
correctly diagnosed with TBI or PTSD, the better chance he or
she has of a full recovery. It is critical that health care
providers are given the resources necessary to make accurate,
timely referrals for appropriate treatment and that service
members have high priority access to such services. Therefore,
the conference agreement provides $900,000,000 for access,
treatment and research for TBI and PTSD. Of the amount
provided, $600,000,000 is for operation and maintenance and
$300,000,000 is for research, development, test and evaluation
to conduct peer reviewed research.
By increasing funding for TBI and PTSD, the conferees
believe that the Defense Department now will have significant
resources to dramatically improve screening for risk factors,
diagnosis, treatment, counseling, research, facilities and
equipment to prevent or treat these illnesses.
If the Secretary of Defense determines that funds made
available within the operation and maintenance account for the
treatment of TBI and PTSD are excess to the requirements of the
Department of Defense, the conference agreement provides the
authority to transfer excess amounts to the Department of
Veterans Affairs to be available only for the same purpose.
Care Giver Support Programs
The conference agreement provides $12,000,000 for care
giver support programs, to be allocated as recommended in House
Report 110-60, in order to assist the military medical
facilities' nurses and doctors who are treating the wounded by
ensuring they have sufficient stress prevention and management
programs.
Amputee Health Care
The conference agreement provides a total of $61,950,000
for amputee health care. The additional monies, to be allocated
consistent with House Report 110-60, will enhance health care
services and operations at Walter Reed, Brooke Army Medical
Center/Center for the Intrepid, Landstuhl Regional Medical
Center and National Naval Medical Center--Balboa.
Sustaining the Military Health Care Benefit
When the fiscal year 2007 budget request was submitted,
it assumed savings anticipated from legislation that would have
significantly increased fees and premiums paid by military
members. The legislation was not enacted by Congress. The
conference agreement provides $660,750,000 to fully fund the
Defense Health Program for fiscal year 2007. The conferees
strongly urge the Department to examine other ways to sustain
the benefit without relying on Congress to enact legislation
that would increase the out-of-pocket costs to the
beneficiaries.
Military Health Care Budget--``Efficiency Wedge''
The conference agreement provides $500,000,000 in
operation and maintenance and procurement funding to reverse
``efficiency wedge'' savings mandated by the Department of
Defense. The monies are to be allocated consistent with Senate
Report 110-37 and will return funding to appropriate levels
within the Direct Care system and allow the services to address
critical needs.
Health Care in Support of Army Modular Force Conversion and Global
Positioning
The conferees are concerned that the Army has been
directed to cover costs associated with health care support of
Army modular force (AMF) conversion and global positioning. The
cost of these movements is estimated at $68,000,000 and will
enable the Army to provide the capacity to meet increases in
the demand for health care created as the Army repositions
forces. This necessary funding is required to ensure that
soldiers, particularly those returning from combat, and their
families are able to access military health care.
The conferees direct the Assistant Secretary of Defense
for Health Affairs and the Surgeon General of the Army to
coordinate an effort and report back to the congressional
defense committees by June 29, 2007, on how these anticipated
costs will be funded to ensure soldiers and their families
affected by AMF and global positioning will have access to the
health care they deserve.
Traumatic Brain Injury
The conferees direct the Assistant Secretary of Defense
for Health Affairs to submit a report to the congressional
defense committees regarding the extent of, treatment of, and
outreach to patients with traumatic brain injury, through
military hospitals and outpatient clinics and their families.
The report shall be submitted within 120 days after enactment
of this Act, and it shall describe the Department's diagnosis
and screening processes, communication procedures and policies
for family members, and provide an accounting of funds budgeted
and expended for this type of injury.
Drug Interdiction and Counter-Drug Activities, Defense
The conference agreement provides $254,665,000, as
proposed by the Senate, instead of $259,115,000 as proposed by
the House.
The conference agreement on items addressed by either the
House or the Senate is as follows:
RELATED AGENCIES
Intelligence Community Management Account
The conference agreement provides $71,726,000 as proposed
by the Senate instead of $57,426,000 as proposed by the House.
GENERAL PROVISIONS--THIS CHAPTER
The conference agreement retains a provision (Section
1301), as proposed by both the House and Senate, which provides
for the obligation of appropriations made available in this
chapter until September 30, 2007.
The conference agreement includes a provision (Section
1302), as proposed by the Senate, relating to general transfer
authority.
The conference agreement retains a provision (Section
1303), as proposed by both the House and Senate, which provides
for the obligation and expenditure of funds related to
activities pursuant to section 504(a)(1) of the National
Security Act of 1947.
The conference agreement retains a provision (Section
1304), as proposed by both the House and Senate, which
prohibits funds provided in this chapter to finance programs or
activities denied by Congress, or to initiate a new start
program without prior notification to the congressional defense
committees.
The conference agreement includes a provision (Section
1305), as proposed by the Senate, relating to amounts
transferred or credited to the Defense Cooperation Account.
The conference agreement modifies a provision (Section
1306), as proposed by both the House and Senate, which provides
funds for support for counter-drug activities of the
Governments of Afghanistan and Pakistan.
The conference agreement includes a provision (Section
1307), as proposed by the Senate, relating to the Commanders'
Emergency Response Program.
The conference agreement includes a provision (Section
1308), as proposed by the House, relating to submission of the
Measuring Stability in Iraq report.
The conference agreement includes a provision (Section
1309), as proposed by the Senate, relating to supervision and
administrative costs associated with construction contracts in
Iraq and Afghanistan.
The conference agreement retains a provision (Section
1310), as proposed by both the House and Senate, relating to
U.S. contributions to NATO common-funded budgets.
The conference agreement retains a provision (Section
1311), as proposed by both the House and Senate, relating to
permanent bases in Iraq.
The conference agreement includes a provision (Section
1312), as proposed by the Senate, which prohibits funds to
contravene laws or regulations promulgated to implement the
United Nations Convention Against Torture and Other Cruel,
Inhuman or Degrading Treatment or Punishment.
The conference agreement deletes a provision, as proposed
by the House (Section 1312), permitting the transfer of up to
$100,000,000 from Operation and Maintenance, Defense-Wide to
the Department of State ``Economic Support Fund'' to support
provincial reconstruction teams in Iraq and Afghanistan. The
conference agreement includes funds for this activity within
the appropriation for the Iraq Freedom Fund.
The conference agreement modifies a provision (Section
1313), as proposed by the House, relating to the withholding of
funds appropriated under certain headings until the Department
of Defense and the Office of Management and Budget submit
certain reports relating to Iraq and Afghanistan security
forces.
The conference agreement modifies a provision (Section
1314), as proposed by the House, relating to contractor award
fees.
The conference agreement modifies a provision (Section
1315), as proposed by the House, relating to the cost of
Department of Defense contracts and number of contracted
personnel in Iraq and Afghanistan by deleting the reduction of
$815,000,000, increasing the amounts withheld pending a DoD
report on contract costs and personnel, and clarifying the
reporting requirements.
The conference agreement includes a provision (Section
1316), as proposed by the House, which provides temporary
authority to allow service members to designate a portion of
their death gratuity benefit to someone other than next of kin.
The conference agreement includes a provision (Section
1317), as proposed by the Senate, which provides up to 287
heavy armored vehicles for force protection purposes in Iraq
and Afghanistan.
The conference agreement modifies a provision (Section
1318), as proposed by the Senate, which requires the Secretary
of Defense to inspect all military medical treatment facilities
and military quarters housing medical hold and medical holdover
personnel.
The conference agreement does not include a provision, as
proposed by the House (Section 1320), relating to the legal
representation for soldiers pursuing claims through the Army
Physical Disability Evaluation System. The conference agreement
addresses this matter elsewhere in the joint explanatory
statement.
The conference agreement includes a provision (Section
1319), as proposed by the Senate, regarding the disarming of
militias.
The conference agreement modifies a provision (Section
1320), as proposed by the Senate, relating to an independent
assessment of the capabilities of the Iraqi security forces.
The conference agreement includes a provision (Section
1321) which provides a one-time waiver of time limitations for
the award of the Medal of Honor.
The conference agreement includes a provision (Section
1322) that from funds appropriated in ``Other Procurement,
Army'', in the Department of Defense Appropriations Act, 2006,
$6,250,000 shall be transferred to ``Military Construction,
Army''.
The conference agreement includes a provision (Section
1323) permitting the transfer of up to $110,000,000 from
various appropriations to the Department of State ``Economic
Support Fund'' to support programs in Pakistan.
The conference agreement deletes a provision, as proposed
by the House (Section 1319), which would have amended section
l403(a) of the Floyd D. Spence National Defense Authorization
Act for fiscal year 2001 (as amended).
The conference agreement deletes a provision, as proposed
by the Senate (Section 1318), relating to the redevelopment of
the industrial sector in Iraq. The conference agreement
addresses this issue within the appropriation for the Iraq
Freedom Fund.
The conference agreement deletes a provision, as proposed
by the Senate (Section 1319), to provide $1,500,000,000 for
Mine Resistant Ambush Protected Vehicles. This matter is
addressed within various appropriations in this chapter.
CHAPTER 4
DEPARTMENT OF ENERGY
ATOMIC ENERGY DEFENSE ACTIVITIES
National Nuclear Security Administration
Defense Nuclear Nonproliferation
The conference agreement provides $150,000,000 for
Defense Nuclear Nonproliferation activities by the National
Nuclear Security Administration, as proposed by the House
instead of $63,000,000 as proposed by the Senate. Within the
amounts provided, $136,000,000 is included for the
International Nuclear Materials Protection and Cooperation
program, including $25,000,000 for Rosatom Weapons Complex
activities to begin comprehensive security upgrades at Mayak
plutonium facilities where Russia recently agreed to allow
access to U.S. teams for cooperative security work; $87,000,000
for the Megaports initiative to accelerate activities in host
countries with seaports that have signed implementation
agreements but are currently not funded to complete deployment
of radiation detection equipment for scanning cargo containers;
and $24,000,000 for additional high priority activities.
Further the recommendation includes $14,000,000 for the Global
Threat Reduction Initiative for Kazakhstan spent fuel security
activities.
Sec. 1401. The conference agreement includes a provision
regarding National Nuclear Security Administration transfer
authority.
CHAPTER 5
DEPARTMENT OF HOMELAND SECURITY
Office of the Under Secretary for Management
The conferees agree with the Senate's concern that the
management and administrative challenges facing the Department
will increase unless a stronger focus is placed on hiring,
training, and maintaining career leaders. In particular, the
conferees are concerned that the Department and its components
will not be able to function effectively when the change in
administration occurs in 2009. The conferees direct the
Department to provide, by July 20, 2007, a report on senior
staffing, as proposed by the Senate. The conferees further
direct the Government Accountability Office to assess the
strengths and weaknesses of the report within 90 days after the
Department submits the report. In addition, the conferees
provide $900,000 in title IV of the bill for the Under
Secretary for Management to award a grant or contract to the
National Academy of Public Administration (NAPA) to undertake a
study to compare the Department of Homeland Security's reported
senior career and political staffing levels and senior career
training programs with those of similarly structured cabinet-
level agencies. NAPA is an independent, non-partisan
organization chartered by Congress to assist Federal, State,
and local governments in improving their effectiveness,
efficiency, and accountability. The conferees direct the
Department to execute such grant or contract no later than the
July 20, 2007, report submission date, and for NAPA to submit
its report within six months thereafter.
Office of the Chief Information Officer
The Chief Information Officer is directed to submit to
the Committees on Appropriations no later than 30 days after
the date of enactment of this Act a report on the full costs to
transition information to the Department of Homeland Security's
primary data center. This report is to include, by departmental
component: a schedule for data transition; costs for each
fiscal year required to complete the transition; identification
of items associated with the transition required to be procured
and related procurement schedule; and identification of any
transition costs provided in fiscal year 2007 or requested in
the fiscal year 2008 President's budget. A report on the same
elements for the data center to be selected in the summer of
2007 shall be submitted to the Committees on Appropriations no
later than 30 days after a final selection has been made.
Analysis and Operations
The conferees provide an additional $15,000,000 in
support of the State and local fusion center program, instead
of $35,000,000 as proposed by the House. The Senate bill
contains no similar provision. These funds, along with amounts
made available to date in fiscal year 2007, will allow DHS to
support 35 fully-operational centers by the end of 2008.
Consistent with the House report, the conferees direct
the Department's Chief Intelligence Officer to provide on-
going, quarterly updates to the Committees on Appropriations,
starting on July 1, 2007, that detail progress in placing DHS
homeland security intelligence professionals in State and local
fusion centers. These reports shall include: the qualification
criteria used by DHS to decide where and how to place DHS
intelligence analysts and related technology; total
expenditures to support each center to date and during the most
recent quarter of the current fiscal year, in the same
categorization as materials submitted to the Committees on
Appropriations on March 23, 2007; the location of each fusion
center, including identification of those with DHS personnel,
both operational and planned; the schedule for operational
stand-up of planned fusion centers; the number of DHS-funded
employees located at each fusion center, including details on
whether the employees are contract or government staff; the
privacy protection policies of each center, including the
number of facility personnel trained in Federal privacy, civil
rights, and civil liberties laws and standards; and the number
of local law enforcement agents at each center approved or
pending approval to receive and review classified intelligence
information.
United States Customs and Border Protection
SALARIES AND EXPENSES
(INCLUDING TRANSFER OF FUNDS)
The conferees provide an additional $115,000,000 for
Salaries and Expenses, instead of $100,000,000 as proposed by
the House and $140,000,000 as proposed by the Senate. Included
in this amount are funds to:
(1) implement Security and Accountability For Every Port
Act of 2006 (Public Law 109-347) requirements and advance goals
of the Secure Freight Initiative to improve significantly the
ability of United States Customs and Border Protection (CBP) to
target and analyze U.S.-bound cargo containers; expand the
screening of such cargo overseas and the capacity to physically
inspect containers; procure and integrate non-intrusive
inspection equipment into inspection and radiation detection
operations; and improve supply chain security, to include
enhanced analytic and targeting systems using data collected
via commercial and government technologies and databases;
(2) support hiring of not less than an additional 600 CBP
Officers, and additional intelligence and trade specialist and
support positions for targeting and screening on the Northern
Border, at overseas locations, and at the National Targeting
Center, and staffing required for Northern Border Air and
Marine Operations; and
(3) transfer up to $5,000,000 to the Federal Law
Enforcement Training Center for basic training costs associated
with the additional personnel funded in this Act.
The conferees direct CBP to submit expenditure and
staffing plans for these additional funds to the Committees on
Appropriations no later than 30 days after the date of
enactment of this Act and prior to the obligation of the funds.
The conferees direct CBP to sustain the current level of
Border Patrol staffing on the Northern Border and to inform the
Committees on Appropriations immediately if CBP does not expect
to achieve its plan of having at least 1,179 Border Patrol
agents permanently deployed to the Northern Border by the end
of fiscal year 2007.
ALIEN SMUGGLING TRACKING
The conferees are aware that CBP has established an
Office of Alien Smuggling Interdiction (ASI), including three
field-level Regional Carrier Liaison Groups. According to CBP,
ASI facilitates the exchange of intelligence and information
within CBP and between CBP and external agencies related to
alien trafficking and smuggling; coordinates such efforts
within CBP; and maintains close working relationships with
other offices, including the Human Smuggling and Trafficking
Center (HSTC), the Border Patrol, and the U.S. Coast Guard. The
conferees agree such efforts are consistent with the CBP
mission to interdict smuggling, but also coordination requires
active CBP participation in the multi-agency HSTC. The
conferees direct CBP and ICE jointly to brief the Committees on
Appropriations no later than 60 days after the date of
enactment of this Act on the role each agency plays in
enforcing laws against human smuggling, how those missions are
coordinated, and the timeline for placement of CBP detailees at
the HSTC.
CONSTRUCTION
The conferees have recently become aware of significant
CBP construction program management lapses that may adversely
impact deployment of new Border Patrol agents and endanger the
successful implementation of border security initiatives. The
conferees direct CBP to review and assess the staffing levels
committed to facilities management and oversight and submit the
Construction Master Plan required by Public Law 109-295 to the
Committees on Appropriations as expeditiously as possible.
PERMANENT BORDER PATROL CHECKPOINT
The conferees understand that CBP agrees that no
permanent checkpoint will be planned for Southern Arizona
without significant and direct community involvement. Any
planned permanent checkpoint must: (1) be part of an overall
network of border security technology and infrastructure, as
well as an increase in personnel; (2) be designed to
significantly reduce the number of illegal immigrants and the
amount of contraband entering the U.S. through Arizona, and
increase the security of our nation by employing technology and
capabilities to detect individuals or implements associated
with terrorism; and (3) contain attributes that reduce to a
minimum the impact on the commerce and quality of life of
communities. Prior to the operation of a possible permanent
checkpoint in Southern Arizona, CBP must ensure that any
temporary checkpoint be administered in a manner consistent
with current case law, and address the checkpoint's impact on
residents, legitimate travelers, and public safety.
Air and Marine Interdiction, Operations, Maintenance, and Procurement
The conferees provide an additional $120,000,000 for Air
and Marine Interdiction, Operations, Maintenance, and
Procurement, instead of $150,000,000 as proposed by the House
and $75,000,000 as proposed by the Senate. Included in this
amount are funds to accelerate planned deployment of Northern
Border Air and Marine operations. This includes: establishment
of the final Northern Border air wing; 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. The conferees direct CBP to submit an
expenditure plan for the use of these funds to the Committees
on Appropriations no later than 30 days after the date of
enactment of this Act and prior to the obligation of the funds.
United States Immigration and Customs Enforcement
SALARIES AND EXPENSES
The conferees provide an additional $10,000,000 for
Salaries and Expenses instead of $20,000,000 as proposed by the
Senate. The House bill contains no similar provision. Of this
amount, $5,000,000 is provided to create a security advisory
opinion review unit within the Visa Security Program consistent
with the Senate report. The remaining $5,000,000 is provided
for the Human Smuggling and Trafficking Center (HSTC). The
conferees intend that U.S. Immigration and Customs Enforcement
(ICE) serve as the Department's lead at the HSTC, but also
direct CBP, given its border protection, inspection, and
interdiction missions, to fully participate in the HSTC. The
conferees direct ICE to submit an expenditure plan for the use
of the HSTC funds to the Committees on Appropriations no later
than 30 days after the date of enactment of this Act and prior
to the obligation of the funds.
Transportation Security Administration
AVIATION SECURITY
The conferees provide an additional $970,000,000 for
Aviation Security instead of $1,250,000,000 as proposed by the
House and $660,000,000 as proposed by the Senate. Within this
total, $815,000,000 is for the procurement and installation of
checked baggage explosives detection systems; $45,000,000 is
for the expansion of checkpoint explosives detection pilot
systems; and $110,000,000 is for air cargo security. Funding
for the procurement and installation of checked baggage
explosives detection systems and checkpoint explosives
detection pilots is available until expended. Funding for air
cargo security is available until September 30, 2009.
The conferees direct the Transportation Security
Administration (TSA) to utilize funding for explosives
detection systems at airports that would derive significant
security benefits, consistent with the optimal screening
solutions prioritized in TSA's strategic plan for electronic
baggage screening. As directed by the Senate, TSA shall submit
a revised fiscal year 2007 explosives detection system
expenditure plan to the Committees on Appropriations no later
than 90 days after the date of enactment of this Act.
The conferees provide $45,000,000 for the deployment and
pilot testing of advanced checkpoint explosives detection
equipment and screening technologies to determine preferred
operational and equipment protocols. The fiscal year 2008
budget request identifies a number of emerging technologies
that could be expedited so that airline passengers and carry-on
baggage are screened for explosives, weapons, and other threat
objects by the most advanced equipment currently under
development. TSA has lagged behind in this area and should use
this funding to accelerate this work. The conferees are
disappointed that TSA failed to meet a January 23, 2007,
deadline to submit a strategic plan for deployment of
checkpoint technologies and direct TSA to expeditiously submit
that strategic plan, as directed in the joint explanatory
statement of managers accompanying the fiscal year 2007
conference report (Report 109-699), and include these
additional funds as part of this effort.
The conferees provide $110,000,000 for air cargo
security. This funding sets a path for all cargo carried on
passenger aircraft to be screened. Within the amount provided,
the conferees direct TSA to: (1) hire no fewer than 150
additional air cargo inspectors to establish a more robust
enforcement and compliance regime; (2) complete air cargo
vulnerability assessments, as described in TSA's recent report
on air cargo security for all Category X airports; (3) expand
the National Explosives Detection Canine Program by no fewer
than 170 additional canine teams; and (4) procure and install
explosives detection systems, explosives trace machines, and
other technologies to screen air cargo. The conferees permit a
portion of these funds to be used for proprietary canine teams
led by TSA, as proposed by the Senate. In addition, the
conferees direct TSA to pursue canine screening methods
utilized internationally, which focus on air samples taken from
air cargo for explosives detection. Within 90 days after the
date of enactment of this Act, TSA shall provide an expenditure
plan detailing how it will utilize the $110,000,000 to increase
the screening of air cargo carried on passenger aircraft.
FEDERAL AIR MARSHALS
The conferees provide an additional $8,000,000 for
Federal Air Marshals instead of $15,000,000 as proposed by the
Senate. The House bill contains no similar provision. Funding
shall be used to support higher coverage on critical flights
that would otherwise have had insufficient coverage. The
conferees direct TSA to report back within 30 days from the
date of enactment of this Act on how these additional funds
will be allocated.
National Protection and Programs
INFRASTRUCTURE PROTECTION AND INFORMATION SECURITY
The conferees provide an additional $37,000,000 for
Infrastructure Protection and Information Security instead of
$25,000,000 as proposed by the House and $18,000,000 as
proposed by the Senate. Of this total amount, $25,000,000 shall
be to develop State and local interoperability plans in support
of the state interoperable grant program; and $12,000,000 shall
be to support implementation of new chemical security
regulations.
As outlined in the House report, the conferees direct the
Office of Emergency Communications to work in conjunction with
the Science and Technology Office of Interoperable
Communications and the Federal Emergency Management Agency to
support the efforts of State and local governments as they
develop state interoperable communications plans. Within 30
days from the date of enactment of this Act, DHS is directed to
provide the Committees on Appropriations a detailed expenditure
plan for execution of a nationwide state interoperable
communications planning effort, including key milestones for
achievement of the decisions necessary to support the Public
Safety Interoperable Communications Grant Program. The
conferees encourage the Department to allow States that do not
use reallocated public safety spectrum to be eligible for the
Public Safety Interoperable grant funds as long as their
systems are compatible with those using reallocated spectrum.
The conferees provide $12,000,000 to ensure that DHS is
able to implement chemical facility security regulations
efficiently and effectively as described in the Senate report.
The conferees are concerned with the process used by the
Office of Cyber Security to acquire access to a facility for a
Secret Service-led computer forensics training program. While
the conferees strongly support the Department's efforts to
fight cyber-crime, the Department's first notification to
Congress of this program was via a press release announcing the
Secretary's ribbon cutting at the planned center. This approach
represents a violation of the spirit, if not the letter, of
section 503 of the Department of Homeland Security
Appropriations Act, 2007 (Public Law 109-295). Within 30 days
from the date of enactment of this Act, the Secretary is
directed to submit to the Committees on Appropriations a report
providing a detailed description of the source and amount of
funds to be used in support of the new program, the original
purpose of each of the funding sources, a legal opinion
providing the legal basis for the actions taken in establishing
this activity, and the process that will be used in the future
to ensure that Congress is informed in advance of any activity
that could be construed as either creating new programs or
making awards that do not involve an appropriate competitive
solicitation of participants or service providers. In addition,
the report shall include a justification outlining why this
activity is properly undertaken by the Secret Service and DHS
rather than the Federal Bureau of Investigation and the
Department of Justice.
Office of Health Affairs
The conferees provide $15,000,000 for the Office of
Health Affairs instead of $18,000,000 as proposed by the
Senate. The House bill contains no similar funding. Of this
amount, $4,000,000 is to support medical readiness, planning,
and other activities tasked to this Office.
The remaining $11,000,000 is for nuclear event public
health assessment and planning. The Office of Health Affairs,
in conjunction with appropriate agencies and national labs,
shall: expeditiously develop plans for the response to, and
model the effects of, a 0.1, 1.0 and 10 kiloton nuclear
explosion on each tier one Urban Area Security Initiative
(UASI) city, where such analysis has not already been
completed; assess whether current response and recovery plans
of all levels of government provide the greatest public health
benefit; document what modifications and appropriate practices
for responding to such an event would improve health outcomes;
assess if identified affected distribution systems would be
sufficient to support the proposed response; and set a
strategy, in consultation with the Federal Emergency Management
Agency and other appropriate agencies, to ensure consistent and
sufficient delivery of information to the public, medical
community, and first responders on appropriate protective
actions to prepare for and respond to a nuclear attack.
The Office of Health Affairs shall provide quarterly
briefings to the Committees on Appropriations on the status of
this assessment beginning three months after the date of
enactment of this Act.
In addition, of the amount made available for the
assessment, up to $2,000,000 is for the National Academy of
Sciences (NAS) to evaluate the Department's estimates of the
effects of a nuclear attack and the current level of
preparation in tier one UASI cities. NAS shall report on:
available healthcare capacity to treat the affected population;
treatments available for pertinent radiation illnesses;
efficacy of medical countermeasures; the likely capability of
the Federal, State, and local authorities to deliver available
medical countermeasures in a timely enough way to be effective;
and the overall expected benefit of available countermeasures
and those in the development pipeline. NAS shall also assess
the availability, quality, and benefit of public and medical
education on reducing the illness and death associated with a
nuclear attack. NAS shall submit its report to the Committees
on Appropriations within 18 months after the date of enactment
of this Act.
The conferees note the Department has not finalized its
Protective Action Guides for Radiological Dispersal Devices and
Improvised Nuclear Device Incidents for Federal agencies, State
and local governments, emergency responders, and the general
public. This guidance would be critical in planning and
responding to radiological incidents. The conferees direct the
Department to finalize this guidance as quickly as possible.
The conferees direct the Office of Health Affairs to
submit an expenditure plan prior to the obligation of any funds
provided under this heading. Funds are available until
September 30, 2008.
Federal Emergency Management Agency
MANAGEMENT AND ADMINISTRATION
The conferees provide $25,000,000 for Management and
Administration instead of $25,000,000 as proposed by the House
for Salaries and Expenses and $20,000,000 as proposed by the
Senate for Administrative and Regional Operations. Within the
funding provided, $10,000,000 is for disaster communications
equipment to be placed in Federal Emergency Management Agency
(FEMA) regions across the country; $2,500,000 is to strengthen
interstate mutual aid agreements; $5,000,000 is for regional
strike teams; $6,000,000 is for improvements for financial and
information systems; $500,000 is for the Law Enforcement
Liaison Office; $500,000 is for the Disability Coordinator; and
$500,000 is for the National Advisory Council. The conferees
include bill language prohibiting the obligation of this
$25,000,000 until the Committees on Appropriations receive and
approve an expenditure plan. Such plan should be submitted
within 45 days after the date of enactment of this Act. Funds
are available until September 30, 2008.
The ``Management and Administration'' account combines
the former ``Administrative and Regional Operations'' and
``Readiness, Mitigation, Response, and Recovery'' accounts. A
provision is included to transfer all funds in the
``Administrative and Regional Operations'' and ``Readiness,
Mitigation, Response, and Recovery'' accounts into the new
``Management and Administration'' account.
NUCLEAR PREPAREDNESS
The conferees are concerned that cities have little
guidance available to them to better prepare their populations
to react in the critical moments shortly after a nuclear event.
The conferees direct FEMA, in conjunction with the Office of
Health Affairs, to report on the general status and adequacy of
public fallout shelters and other protective measures, as
appropriate, and pre-planned guidance to the public in the tier
one UASI cities. Further, FEMA shall report on how it is
coordinating with State and local governments and the
Department of Health and Human Services for delivery of
prepackaged announcements with major radio and television
outlets to assure immediate and helpful guidance after a
nuclear attack.
STATE AND LOCAL PROGRAMS
The conferees provide an additional $552,500,000 for
State and Local Programs instead of $415,000,000 as proposed by
the House and $850,000,000 proposed by the Senate. Within the
funding provided, $190,000,000 is for port security grants
pursuant to the Security and Accountability For Every Port Act
of 2006 (Public Law 109-347); $325,000,000 is for intercity
rail passenger transportation, freight rail, and transit
security grants; $35,000,000 is for regional catastrophic event
planning grants and regional technical assistance; and
$2,500,000 is for technical assistance programs.
The conferees continue to be concerned about the
Department's poor track record for awarding security grants on
a timely basis. The additional funding provided in this Act for
port security and rail and mass transit security grants shall
be awarded by September 30, 2007. The conferees direct the
Department to provide potential grant recipients with pending
applications an opportunity to apply for these additional
funds.
The conferees provide $35,000,000 for all-hazard regional
catastrophic event planning grants and regional technical
assistance as proposed by the Senate. These funds are provided
for grants and technical assistance to tier one UASI cities and
other participating governments for the purpose of developing
all-hazard regional catastrophic event plans and preparedness.
FEMA Regional Offices are directed to work with the UASI areas
in this effort. Plans and preparedness efforts must address
every risk and include logistics, response (including mass
evacuation and shelter-in-place), recovery, public education,
and business outreach. The conferees include bill language
prohibiting the obligation of funds for regional catastrophic
event planning grants and regional technical assistance until
the Committees on Appropriations receive and approve an
expenditure plan. The conferees direct FEMA to provide the
expenditure plan by July 1, 2007, so as not to delay this
important initiative. The Department shall report to the
Committees on Appropriations no later than January 15, 2008,
regarding the results of this effort.
The conferees recognize that the majority of grant
dollars are spent on first responder equipment at the State and
local level. To be effective, it is imperative that first
responders are also trained to properly use and maintain the
equipment. Therefore, the conferees provide $2,500,000 to the
technical assistance program for operation and maintenance
training on detection and response equipment. The program must
be competitively awarded. Funds are available until September
30, 2007.
EMERGENCY MANAGEMENT PERFORMANCE GRANTS
The conferees provide an additional $100,000,000 for
Emergency Management Performance Grants. The conferees do not
include bill language proposed by the Senate to provide funds
for expenses related to the Nationwide Plan Review.
The conferees are concerned by the findings of the
Department's Plan Review, which found that emergency management
plans across the country are not up-to-date or systematic.
State and local emergency management agencies use Emergency
Management Performance Grants to enhance their emergency
management capabilities and to link efforts regionally and
nationwide. The conferees direct FEMA to provide guidelines
encouraging State and local governments to address the findings
identified in the Nationwide Plan Review. The conferees also
direct FEMA to brief the Committees on Appropriations regarding
the status of successfully addressing the Nationwide Plan
Review findings no later than June 29, 2007.
United States Citizenship and Immigration Services
The conferees agree to provide an additional $10,000,000
for United States Citizenship and Immigration Services instead
of $30,000,000 as proposed by the Senate. The House bill
contains no similar provision. The conferees understand that
there are approximately 170,000 immigration applications and
petitions awaiting security checks by the Federal Bureau of
Investigation. These funds are provided under the terms and
conditions listed in the Senate report, including a restriction
from obligation until the Committees on Appropriations receive
a specific plan that describes how this security check backlog
will be addressed comprehensively.
Science and Technology
RESEARCH, DEVELOPMENT, ACQUISITION, AND OPERATIONS
The conferees provide an additional $10,000,000 for
Research, Development, Acquisition, and Operations instead of
$15,000,000 as proposed by the Senate. The House bill contains
no similar provision. The conferees direct that this funding be
used for research on improved air cargo screening technologies
to protect aircraft from explosives and other harmful
materials, as discussed in the Senate report. None of the funds
shall be used to continue, beyond the current timeframe,
ongoing air cargo pilots. The benefits and findings from these
pilots should be made available to all stakeholders as quickly
as possible.
Domestic Nuclear Detection Office
RESEARCH, DEVELOPMENT, AND OPERATIONS
The conferees provide an additional $39,000,000 for
Research, Development and Operations as proposed by the Senate.
The House bill contains no similar provision. Within the
funding provided, $5,000,000 is to enhance detection links
between seaports and railroads as authorized in Section 121(i)
of 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 $26,000,000 is for development and
deployment of a variety of screening technologies at aviation
facilities as discussed in the Senate report. Funding is
available until expended.
SYSTEMS ACQUISITION
The conferees provide an additional $223,500,000 for
Systems Acquisition instead of $400,000,000 as proposed by the
House. The Senate bill contains no similar provision. Funding
shall be used to acquire and deploy additional radiation portal
monitors at all locations DHS determines necessary. No funds
shall be used to acquire advanced spectroscopic portal monitors
until the Secretary of Homeland Security certifies that these
systems will achieve a significant increase in operational
effectiveness. If the Secretary is unable to certify an
increase in operational effectiveness, the conferees direct the
Domestic Nuclear Detection Office to acquire currently
available radiation portal monitors. Funds are available until
expended.
GENERAL PROVISIONS
Section 1501.--The conferees modify a provision proposed
by both the House and Senate that clarifies Federal preemption
of State and local chemical site security regulations. The
conferees also modify a House provision on information security
standards for chemical facility vulnerability information.
Sec. 1502.--The conferees include a provision proposed by
the Senate that precludes the Department from using funds in
this Act or provided by P.L. 109-295 to carry out
reorganization authority. The House bill contains no similar
provision.
Sec. 1503.--The conferees include a provision proposed by
the Senate that mandates that the Department of Homeland
Security require all contracts that provide award fees to link
such fees to successful acquisition outcomes. The House bill
contains no similar provision.
The conferees do not include a provision proposed by the
Senate regarding the Domestic Preparedness Equipment Technical
Assistance Program.
CHAPTER 6
HOUSE OF REPRESENTATIVES
SALARIES AND EXPENSES
The conferees agree to provide $6,437,000 for the House
of Representatives for business continuity and disaster
recovery. Inasmuch as this item relates solely to the House,
and in accord with long practice under which each body
determines its own housekeeping requirements and the other
concurs without intervention, the managers on the part of the
Senate, at the request of the managers on the part of the
House, have receded to the amendment of the House.
GOVERNMENT ACCOUNTABILITY OFFICE
SALARIES AND EXPENSES
The conference agreement provides $374,000 to the
Government Accountability Office to remain available until
September 30, 2008. This is the same amount as proposed by the
Senate. The House bill carried no such provision.
CHAPTER 7
DEPARTMENT OF DEFENSE
NATO Security Investment Program (NSIP) reimbursement for
military construction in Afghanistan.--The conferees understand
that military construction projects carried out in Afghanistan
may be eligible for reimbursement under NSIP. The conferees
therefore direct the Department of Defense to aggressively
pursue NSIP funding for military construction in Afghanistan
and review all future projects for NSIP eligibility.
Military Construction, Army
The conferees agree to provide $1,255,890,000 for
Military Construction, Army, instead of $1,329,240,000 as
proposed by the House and $1,261,390,000 as proposed by the
Senate. The funds are provided as follows:
----------------------------------------------------------------------------------------------------------------
Conference
Location Project description Request agreement
----------------------------------------------------------------------------------------------------------------
CO Fort Carson............................. Unit Operations Facilities... ................. 18,000,000
GA: Fort Stewart........................... Unit Operations Facilities... ................. 30,500,000
KS: Fort Riley............................. Site Prep, Accelerated BCT... 1,500,000 1,500,000
KS: Fort Riley............................. Unit Operations Facilities... ................. 24,000,000
KY: Fort Campbell.......................... Unit Operations Facilities... ................. 18,000,000
MD: Fort Meade............................. Military Intelligence Admin/ 42,000,000 42,000,000
Ops Center.
MO: Fort Leonard Wood...................... Trainee Barracks Complex..... ................. 77,100,000
NY: Fort Drum.............................. Unit Operations Facilities... ................. 14,600,000
NC: Fort Bragg............................. Unit Operations Facilities... ................. 11,800,000
TX: Fort Bliss............................. Unit Operations Facilities... ................. 38,000,000
TX: Fort Hood.............................. Unit Operations Facilities... ................. 18,000,000
WW: Unspecified............................ Growing the Force Projects, .................
Various Locs500,000,000.
Afghanistan: Bagram AB..................... Bulk Fuel Storage, Phase 1... 9,500,000 9,500,000
Afghanistan: Bagram AB..................... Bulk Fuel Storage, Phase 2... 25,000,000 25,000,000
Afghanistan: Bagram AB..................... CMU Barracks................. 17,000,000 17,000,000
Afghanistan: Bagram AB..................... Communications System 8,200,000 8,200,000
Facility.
Afghanistan: Bagram AB..................... Electrical Distribution/ 17,500,000 17,500,000
Utility Chase.
Afghanistan: Bagram AB..................... New Roads.................... 26,000,000 .................
Afghanistan: Bagram AB..................... Perimeter Fence and Guard 8,900,000 8,900,000
Towers.
Afghanistan: Bagram AB..................... RSOI Surge Area.............. 14,000,000 14,000,000
Afghanistan: Bagram AB..................... Storm Water Collection....... 5,600,000 5,600,000
Afghanistan: Bagram AB..................... Water Treatment and 22,000,000 22,000,000
Distribution.
Afghanistan: Bagram AB..................... WWTP and Sewer Collection.... 16,500,000 16,500,000
Afghanistan: Various Locations............. Road--Freedom/Asabalad to 17,500,000 17,500,000
Blessing.
Afghanistan: Various Locations............. Road--Naray to Kamdash....... 27,000,000 27,000,000
Afghanistan: Various Locations............. Road--Asmar to Naray......... 9,700,000 9,700,000
Afghanistan: Various Locations............. Road--Jalalabad to Shali Kot. 15,000,000 15,000,000
Afghanistan: Various Locations............. Road--South of Jalalabad..... 6,800,000 6,800,000
Afghanistan: Various Locations............. Road--Through Sharana........ 7,300,000 7,300,000
Afghanistan: Various Locations............. Road--West of Orgun-E........ 7,300,000 7,300,000
Afghanistan: Various Locations............. Road--South of Sharana....... 33,000,000 33,000,000
Afghanistan: Various Locations............. Road--Khowst to BSP9......... 7,900,000 7,900,000
Afghanistan: Various Locations............. Road--FB Chamkani to Pakistan 13,000,000 13,000,000
Border.
Afghanistan: Various Locations............. Road--West of Khowst......... 9,700,000 9,700,000
Afghanistan: Various Locations............. Road--North of Waza Kwah..... 36,000,000 36,000,000
Afghanistan: Various Locations............. Road--Qalat to Mazan......... 30,000,000 30,000,000
Afghanistan: Various Locations............. Road--Qalat to Shinkay....... 57,000,000 57,000,000
Afghanistan: Various Locations............. Road--Tarin Kowt to Oshay.... 34,000,000 34,000,000
Afghanistan: Various Locations............. Road--Crossings 1 to 2 (BAF 3,550,000 3,550,000
to Kabul).
Afghanistan: Various Locations............. Road--Crossings 2 to 3 (BAF 790,000 790,000
to Kabul).
Afghanistan: Various Locations............. Road--Crossing 3 to 5KM (BAF 3,550,000 3,550,000
to Kabul).
Afghanistan: Various Locations............. Dry Stream Bed Crossing 1 8,300,000 8,300,000
(BAF to Kabul).
Afghanistan: Various Locations............. Dry Stream Bed Crossing 2 8,300,000 8,300,000
(BAF to Kabul).
Afghanistan: Various Locations............. Dry Stream Bed Crossing 3 34,000,000 34,000,000
(BAF to Kabul).
Iraq: AI Asad.............................. Detainee Interrogation 5,500,000 .................
Facility.
Iraq: AI Asad.............................. Electrical Infrastructure 14,600,000 14,600,000
Upgrades.
Iraq: AI Asad.............................. Heavy Aircraft Apron......... 14,400,000 14,400,000
Iraq: AI Asad.............................. Runway With Shelters......... 13,600,000 13,600,000
Iraq: AI Asad.............................. Transient Aircraft Apron..... 4,150,000 4,150,000
Iraq: AI Asad.............................. Water Storage Tanks.......... 14,000,000 14,000,000
Iraq: Camp Anaconda........................ CJSOAC Operations Center..... 3,450,000 3,450,000
Iraq: Camp Anaconda........................ North Entry Control Point.... 7,400,000 7,400,000
Iraq: Camp Anaconda........................ POL Tanks.................... 9,900,000 9,900,000
Iraq: Camp Anaconda........................ South Entry Control Point.... 7,500,000 7,500,000
Iraq: Camp Anaconda........................ Truck Lane Access Road....... 2,600,000 2,600,000
Iraq: Camp Anaconda........................ Water Storage Tanks.......... 10,000,000 10,000,000
Iraq: Camp Anaconda........................ Water Wells.................. 2,200,000 2,200,000
Iraq: Various Locations.................... Facilities Replacement....... 96,000,000 .................
Iraq: AI Asad.............................. Facilities Replacement....... ................. 23,000,000
Iraq: Camp Adder........................... Facilities Replacement....... ................. 1,800,000
Iraq: Camp Anaconda........................ Facilities Replacement....... ................. 7,000,000
Iraq: Camp Speicher........................ Facilities Replacement....... ................. 19,000,000
Iraq: Oayyarah West........................ Facilities Replacement....... ................. 1,800,000
Iraq: Scania............................... Facilities Replacement....... ................. 2,400,000
Iraq: Victory Base......................... Facilities Replacement....... ................. 33,000,000
Iraq: Various Locations.................... Facilities Replacement--AT/FP ................. 8,000,000
Iraq: Various Locations.................... Life Support Areas........... 75,000,000 .................
Iraq: AI Asad.............................. Life Support Areas........... ................. 16,500,000
Iraq: Camp Adder........................... Life Support Areas........... ................. 8,500,000
Iraq: Camp Anaconda........................ Life Support Areas........... ................. 8,500,000
Iraq: Camp Speicher........................ Life Support Areas........... ................. 8,500,000
Iraq: Victory Base......................... Life Support Areas........... ................. 33,000,000
Worldwide: Unspecified..................... Planning and Design (Growing 151,700,000 151,700,000
the Force).
Worldwide: Unspecified..................... Planning and Design (GWOT)... 23,900,000 22,000,000
-------------------------------------
Total.................................. ............................. 1,289,290,000 1,255,890,000
----------------------------------------------------------------------------------------------------------------
Coordination of military road construction in
Afghanistan.--The conferees agree to include a provision, as
proposed by the House, to prohibit the obligation or
expenditure of $369,690,000 in funds until the Secretary of
Defense submits a detailed report on the coordination of
military road construction in Afghanistan with NATO and
coalition nations. The Senate bill contained no similar
provision.
Growing the Force, Army.--The conferees agree to provide
$401,700,000 for construction and planning and design efforts
in support of the Army's proposed permanent end-strength
increase of up to 65,000 soldiers. The conferees are concerned,
however, about the lack of an overall plan to station and
accommodate these increases with the necessary facilities. The
conferees therefore agree to include language that prohibits
the obligation and expenditure of these funds until the
Secretary of Defense submits a Grow the Force Stationing Plan
that includes the following for the entire 65,000-soldier
increase: the new units to be created and the number of
soldiers in each such unit; the specific increases in the
number of soldiers to existing units; the installation where
each new unit or augmented unit will be located; the estimated
dates of initial operational capability and full operational
capability of each new unit; the types of temporary and
permanent facilities required (including family housing) and
the estimated cost; and any other pertinent information. This
report also shall provide the same information, where
appropriate, for the proposed increase of 8,200 personnel to
the Army National Guard and the proposed increase of 1,000
personnel to the Army Reserve.
Permanent bases in Iraq.--The conferees agree to include
a provision, as proposed by the Senate, to prohibit the
obligation or expenditure of $274,800,000 in funds until the
Secretary of Defense certifies that none of these funds are to
be used for the permanent basing of U.S. military personnel in
Iraq. The House bill contained no similar provision.
Military Construction, Navy and Marine Corps
The conferees agree to provide $370,990,000 for Military
Construction, Navy and Marine Corps, instead of $389,300,000 as
proposed by the House and $347,890,000 as proposed by the
Senate. The funds are provided as follows:
----------------------------------------------------------------------------------------------------------------
Conference
Location Project description Request agreement
----------------------------------------------------------------------------------------------------------------
AZ: MCAS Yuma.............................. Grow the Force Interim -- 1,200,000
Facilities Site Prep.
CA: MCAS Miramar........................... Grow the Force Interim -- 4,800,000
Facilities Site Prep.
CA: Camp Pendleton......................... Grow the Force Interim -- 39,730,000
Facilities Site Prep.
CA: Twentynine Palms....................... Grow the Force Interim -- 27,340,000
Facilities Site Prep.
HI: MCB Hawaii............................. Grow the Force Interim -- 2,170,000
Facilities Site Prep.
NC: Camp Lejeune........................... 3/9 Maintenance/Operations 41,490,000 41,490,000
Complex.
NC: Camp Lejeune........................... BEQ, Hadnot Point............ 40,560,000 40,560,000
NC: Camp Lejeune........................... EOD Building FC292 Addition.. 2,570,000 2,570,000
NC: Camp Lejeune........................... Mess Hall.................... 16,100,000 16,100,000
NC: Camp Lejeune........................... MP Company Operations Complex 5,800,000 5,800,000
NC: Camp Lejeune........................... Regimental Headquarters 8,600,000 8,600,000
Addition.
NC: Camp Lejeune........................... Truck Company Maintenance/Ops 9,150,000 9,150,000
Complex.
NC: Camp Lejeune........................... Grow the Force Interim -- 50,660,000
Facilities Site Prep.
NC: MCAS Cherry Point...................... Grow the Force Interim -- 27,050,000
Facilities Site Prep.
NC: MCAS New River......................... Grow the Force Interim -- 850,000
Facilities Site Prep.
Djibouti: Camp Lemonier.................... Electrical Power Plant....... 17,990,000 17,990,000
Djibouti: Camp Lemonier.................... Wastewater Treatment......... 19,700,000 19,700,000
Djibouti: Camp Lemonier.................... Water Production............. 18,310,000 --
Djibouti: Camp Lemonier.................... Water Storage................ 5,630,000 5,630,000
Worldwide: Unspecified..................... Unspecified Construction..... 153,800,000 --
Worldwide: Unspecified..................... Planning and Design (GWOT)... 4,600,000 3,400,000
Worldwide: Unspecified..................... Planning and Design (Growing 46,200,000 46,200,000
the Force).
-------------------------------------
Total.................................. ............................. 390,500,000 370,990,000
----------------------------------------------------------------------------------------------------------------
Growing the Force, Marine Corps.--The conferees agree to
provide $324,270,000 for construction and planning and design
efforts in support of the Marine Corps' proposed permanent end-
strength increase of up to 27,000 marines. The conferees are
concerned, however, about the lack of an overall plan to
station and accommodate these increases with the necessary
facilities. The conferees therefore agree to include language
that prohibits the obligation and expenditure of these funds
until the Secretary of Defense submits a Grow the Force
Stationing Plan that includes the following for the entire
27,000-marine increase: the new units to be created and the
number of marines in each such unit; the specific increases in
the number of marines to existing units; the installations
where each new unit or augmented unit will be located; the
estimated dates of initial operational capability and full
operational capability of each new unit; the types of temporary
and permanent facilities required (including family housing)
and the estimated cost; and any other pertinent information.
Military Construction, Air Force
The conferees agree to provide $43,300,000 for Military
Construction, Air Force, instead of $60,200,000 as proposed by
the House and $34,700,000 as proposed by the Senate. The funds
are provided as follows:
------------------------------------------------------------------------
Project Conference
Location description Request agreement
------------------------------------------------------------------------
Afghanistan: Bagram AB....... Hot Cargo Pad 7,300,000 7,300,000
and Access
Road.
Afghanistan: Bagram AB....... Parallel 49,000,000 33,000,000
Taxiway.
Worldwide: Unspecified....... Planning and 3,900,000 3,000,000
Design.
-------------------------
Total.................... ............... 60,200,000 43,300,000
------------------------------------------------------------------------
Parallel Taxiway, Bagram, Afghanistan.--The conferees
agree to provide $33,000,000 to extend the existing parallel
taxiway at Bagram, rather than the $49,000,000 requested to
build a new taxiway. One of the justifications for this project
provided by the Deparment of Defense is to allow for parking
expansion to accommodate wide-body aircraft. The conferees
note, however, that the Administration's March 9 revisions
deleted the Strategic Aircraft Ramp from the original request,
indicating that it no longer considers such expansion to be a
priority.
Base Realignment and Closure Account 2005
The conferees agree to provide $3,136,802,000 for the
Base Realignment and Closure Account 2005 as proposed by both
the House and the Senate.
General Provisions--This Chapter
The conferees agree to include a modified general
provision related to the Walter Reed Army Medical Center.
The conferees agree to include a general provision
proposed by the Senate related to the Armed Forces Institute of
Pathology. The House bill contained no similar provision.
CHAPTER 8
DEPARTMENT OF STATE AND RELATED AGENCY
DEPARTMENT OF STATE
Administration of Foreign Affairs
DIPLOMATIC AND CONSULAR PROGRAMS
(INCLUDING TRANSFER OF FUNDS)
The conference agreement includes $870,658,000 for
Diplomatic and Comular Programs, instead of $966,954,000 as
proposed by the House and $815,796,000 as proposed by the
Senate. Within the total under this heading, $96,500,000 is for
World Wide Security Upgrades and is available until expended,
instead of $102,155,000 as proposed by the House and
$70,000,000 as proposed by the Senate.
The conference agreement includes the transfer of
$258,000 to the United States Commission on International
Religious Freedom from within the funds provided under the
heading as proposed by the House. The Senate included no
similar provision.
The conference agreement includes $20,000,000 under this
heading for public diplomacy programs, as proposed by the
Senate. The House included the same amount for this purpose,
but did not include the language in the bill.
The conferees recognize that public diplomacy activities,
when effectively implemented, engage and inform foreign
audiences, communicate and advocate policies of the United
States, and convey shared interests and values across the
globe. These activities are important in building the goodwill
and cooperation that is necessary for the United States to
achieve our foreign policy and national security goals. The
conferees believe that although there has been increased
attention on public diplomacy efforts since the terrorist
attacks of September 11, 2001, a more focused interagency
effort is necessary. Therefore, the conferees direct that the
Secretary of State develop a comprehensive, interagency
strategy for public diplomacy programming in predominantly
Muslim countries, as proposed by the Senate, including
programming efforts via various media. The conferees expect the
plan to include planned expenditures, by category, of funding
available in fiscal year 2007 for public diplomacy activities,
as proposed by the House. The conferees direct the report to be
provided to the Committees on Appropriations not later than 45
days after the enactment of this Act.
The conference agreement includes $750,000,000 for
Diplomatic and Consular Programs relating to Iraq, instead of
$790,641,000 as proposed by the House and $723,896,000 as
proposed by the Senate. The conferees understand that a
Memorandum of Agreement between the Departments of State and
Defense was finalized on February 27, 2007, specifying
operational requirements, authorities, and responsibilities
shared between the U.S. Mission in Iraq and the Multi-National
Forces in Iraq. The conferees recognize that the assumptions on
which the request was based may have changed. Therefore, the
conference agreement includes bill language withholding from
obligation twenty percent of the amount made available under
this heading for Iraq operations until the Committes on
Appropriations receive and approve a detailed expenditure plan
of funding for such operations, similar to language proposed by
the House. The Senate bill included no similar provision.
The fiscal year 2005 Emergency Supplemental
Appropriations Act (P.L. 109-13) included $592,000,000 for the
construction of a new embassy compound in Baghdad, Iraq, based
on a number of 1,157 desks and 619 beds. The conferees are
dismayed to learn that the Department of State continues to
plan for an increase in staffing of thirty percent in desks and
an increase of ninety-six percent in beds above the amount
approved by the Congress. Therefore, the conferees direct the
Secretary of State, in consultation with the U.S. Chief of
Mission in Iraq, to undertake a review of the current personnel
plan for the Mission in Iraq and provide justification for the
deviation from the 2005-approved plan prior to obligation of
funding under this heading. The conferees expect a report on
the new embassy compound personnel requirements in light of the
available office space, including a housing plan from the
Overseas Buildings Operations Bureau, not later than 45 days of
enactment of this Act.
The conference agreement does not include language under
this heading included in the House bill providing up to
$50,000,000 to establish and maintain a civilian reserve corps.
Instead, the conference agreement includes a modified general
provision similar to language in section 1712 of the Senate
bill.
The conference agreement includes a provision directing
the Office of Management and Budget to apportion $15,000,000
appropriated in the fiscal year 2006 Emergency Supplemental
Appropriations Act (P.L. 109-148) for Emergencies in the
Diplomatic and Consular Service funding, as proposed by the
Senate. The House included no similar provision.
The conference agreement includes a provision similar to
that proposed by the Senate authorizing the transfer of up to
$20,000,000 from funds made available under this heading to the
Emergencies in the Diplomatic and Consular Service account only
for the payment of terrorism rewards. The House bill included
no similar provision.
The conferees concur with language included in the House
report denying funds requested for salaries and allowances for
new domestic staff positions and to lease additional space.
Funds under this heading are provided on an emergency
basis.
The conference agreement allocates funding as follows:
DIPLOMATIC AND CONSULAR PROGRAMS
(In thousands)
----------------------------------------------------------------------------------------------------------------
Account Request House Senate Conference
----------------------------------------------------------------------------------------------------------------
Afghanistan................................................. $47,155 $82,155 $55,000 $79,000
World Wide Security Upgrades (non-add)...................... 47,155 82,155 55,000 79,000
Iraq........................................................ 823,941 790,641 723,896 750,000
Sudan....................................................... 21,900 21,900 16,900 19,400
World Wide Security Upgrades (non-add)...................... 20,000 20,000 15,000 17,500
Public Diplomacy............................................ 20,000 20,000 20,000 20,000
Bureau of Intelligence and Research......................... 0 2,000 0 2,000
U.S. Commission on International Religious Freedom.......... 0 258 0 258
Civilian Reserve Corps (up to authority) \1\................ 0 50,000 [50,000] [50,000]
---------------------------------------------------
Total--Diplomatic and Consular Programs................. 912,996 966,954 815,796 870,658
----------------------------------------------------------------------------------------------------------------
\1\ Note: Numbers in brackets are ``non-adds''.
OFFICE OF THE INSPECTOR GENERAL
(INCLUDING TRANSFER OF FUNDS)
The conference agreement includes $36,500,000 for the
Office of the Inspector General as proposed by the Senate,
instead of $46,800,000 as proposed by the House. Within the
amount provided under this heading, $35,000,000 is for a
transfer to the Special Inspector General for Iraq
Reconstruction (SIGIR) to conduct oversight work on
reconstruction projects in Iraq, $1,300,000 is for the
Department of State Inspector General's oversight work related
to operations in Iraq, and $200,000 is for the Department of
State Inspector General's oversight work related to operations
in Afghanistan.
The conferees direct the SIGIR to report to the
Committees on Appropriations not later than 90 days of
enactment of this Act on the number of personnel, contract
services, and budgetary needs of SIGIR at the time of the
report and the projected operational requirements for the
remainder of fiscal year 2007 and fiscal year 2008. The
conferees intend that the report specifically address the
personnel and resource requirements of section 2 of P.L. 109-
440. The SIGIR shall inform the Committees on Appropriations
regarding the enactment of any legislation subsequent to the
submission of the report which imposes additional oversight
responsibilities on SIGIR or which otherwise affects its
operational requirements.
Funds under this heading are provided on an emergency
basis.
EDUCATIONAL AND CULTURAL EXCHANGE PROGRAMS
The conference agreement includes $20,000,000 for
Educational and Cultural Exchange Programs as proposed by the
House, instead of $10,000,000 as proposed by the Senate.
The conferees concur with language in the Senate report
regarding support for a pilot program, which would create a
two-way exchange component of the Youth Exchange and Study
program.
Funds under this heading are provided on an emergency
basis.
International Organizations
CONTRIBUTIONS TO INTERNATIONAL ORGANIZATIONS
The conference agreement includes $50,000,000 for
Contributions to International Organizations, instead of
$59,000,000 as proposed by the Senate. The House bill included
no similar provision.
These funds are intended to pay arrears to organizations
that are involved in global efforts to combat international
terrorism and to prevent the spread of avian influenza.
Funds under this heading are provided on an emergency
basis.
CONTRIBUTIONS FOR INTERNATIONAL PEACEKEEPING ACTIVITIES
The conference agreement provides $288,000,000 for
assessed costs of U.N. peacekeeping operations as proposed by
the House instead of $200,000,000 as proposed by the Senate.
Within the total provided under this heading, $184,000,000 is
for the U.N. Interim Force in Lebanon, $16,000,000 is for the
U.N. Mission in Timor Leste, and $88,000,000 is intended for a
potential U.N. mission in Chad, as proposed by the House. The
Senate bill included funding for Chad under the Peacekeeping
Operations account.
The conferees direct that if funds are not obligated for
a U.N. mission in Chad by August 15, 2007, the Department of
State should consult with the Committees on Appropriations on
the funding needs for other priority missions within the
Contributions for International Peacekeeping Activities
account.
Funds under this heading are provided on an emergency
basis.
RELATED AGENCY
Broadcasting Board of Governors
INTERNATIONAL BROADCASTING OPERATIONS
The conference agreement includes $10,000,000 for
International Broadcasting Operations as proposed by the House
and the Senate.
Funds under this heading are provided on an emergency
basis.
BILATERAL ECONOMIC ASSISTANCE
United States Agency for International Development
Funds Appropriated to the President
CHILD SURVIVAL AND HEALTH PROGRAMS FUND
(INCLUDING TRANSFER OF FUNDS)
The conference agreement includes $161,000,000 for the
Child Survival and Health Programs Fund account, as proposed by
the House and the Senate.
The conference agreement includes language, similar to
that proposed by the Senate, providing authority to the
President to use funding under the Millennium Challenge
Corporation and Global HIV/AIDS Initiative accounts to combat
an avian influenza pandemic, if he determines that the human-
to-human transmission of the avian influenza virus is efficient
and sustained, and is spreading internationally. The conferees
note that this is the highest threat level of the World Health
Organization's Global Influenza Preparedness Plan. The
conferees expect the Office of Management and Budget to request
reimbursement of any funds used from the Millennium Challenge
Corporation and Global HIV/AIDS Initiative accounts in the
event the President exercises this authority.
The conferees endorse House report language requiring a
report on planned expenditures not later than 45 days of
enactment of this Act.
Funds under this heading are provided on an emergency
basis.
INTERNATIONAL DISASTER AND FAMINE ASSISTANCE
The conference agreement includes $165,000,000 for
International Disaster and Famine Assistance, instead of
$135,000,000 as proposed by the House and $187,000,000 as
proposed by the Senate.
Within the total provided under this heading, not less
than $45,000,000 is for Iraq, not less than $44,000,000 is for
Sudan, not less than $20,000,000 is for Somalia, and not less
than $16,000,000 is for assistance for internally displaced
persons in and near Kabul, Afghanistan. The remaining
$40,000,000 is included for unmet or unforeseen humanitarian
assistance requirements in countries such as the Central
African Republic, Chad, the Democratic Republic of the Congo,
and Uganda.
Funds under this heading are provided on an emergency
basis.
OPERATING EXPENSES OF THE UNITED STATES AGENCY FOR INTERNATIONAL
DEVELOPMENT
The conference agreement includes $8,700,000 for
operating expenses of the United States Agency for
International Development (USAID), instead of $10,700,000 as
proposed by the House and $5,700,000 as proposed by the Senate.
The conferees provide additional funding for security and other
operating costs associated with USAID personnel in Afghanistan.
Funds under this heading are provided on an emergency
basis.
OPERATING EXPENSES OF THE UNITED STATES AGENCY FOR INTERNATIONAL
DEVELOPMENT
OFFICE OF INSPECTOR GENERAL
The conference agreement includes $3,500,000 for
operating expenses of the USAID Office of Inspector General as
proposed by the House instead of $4,000,000 as proposed by the
Senate. The conferees intend that the additional funding is for
expenses associated with oversight of the expanded programs in
Afghanistan and Iraq.
Funds under this heading are provided on an emergency
basis.
Other Bilateral Economic Assistance
ECONOMIC SUPPORT FUND
The conference agreement includes $2,649,300,000 for the
Economic Support Fund, instead of $2,953,000,000 as proposed by
the House and $2,602,200,000 as proposed by the Senate.
The conference agreement includes $1,574,000,000 for Iraq
under this heading, instead of $1,887,000,000 as proposed by
the House and $1,524,000,000 as proposed by the Senate.
Of the amounts provided for Iraq, the conferees include
$57,400,000 for economic and social development programs in
areas of conflict in Iraq, and intend these funds to be used to
counter extremist elements in that country. The conferees
provide the U.S. Chief of Mission in Iraq with the
responsibility for policy decisions and justification for the
use of these funds. The conferees do not support the Department
of State proposal to provide assistance directly to Iraqi
political parties, as contained in the budget request
justification materials, and note that these funds are in lieu
of those requested for the Political Participation Fund and the
National Institutions Fund.
The conference agreement includes not less than
$95,000,000 for the Community Action Program, instead of
$75,000,000 as proposed by the House and $100,000,000 as
proposed by the Senate. Of the funds provided for the Community
Action Program under this heading, the conferees instruct that
not less than $5,000,000 be provided for the Marla Ruzicka
Iraqi War Victims Fund as proposed by the Senate. The House did
not include a similar provision.
The conferees concur with language in the House report
requiring a report on the ethnic and geographic distribution of
U.S. assistance programs in Iraq, specifically to the Nineveh
Plain region.
The conference agreement includes $737,000,000 for
assistance for Afghanistan, instead of $743,000,000 as proposed
by the House and $686,000,000 as proposed by the Senate. Of the
funds provided for Afghanistan, the conference agreement
provides $10,000,000 for the Afghan Civilian Assistance Program
as proposed by the Senate. The House included no similar
provision.
The conference agreement provides $295,000,000 for
assistance for Lebanon, instead of $300,000,000 as proposed by
the House and $265,000,000 as proposed by the Senate. The
conferees note that language establishing conditions on
assistance for Lebanon is included under the general provisions
for this chapter.
The conference agreement includes $3,000,000 for
environmental remediation and health activities in Vietnam,
instead of $3,200,000 as proposed by the Senate. The House did
not include a similar provision. The conferees endorse language
in the Senate report regarding this matter, and stipulate that
prior to the obligation of these funds the Committees on
Appropriations be consulted on the planned use of the funds.
The conferees recommend that these funds be matched, to the
maximum extent possible, with contributions from other public
and private sources.
The conference agreement includes $2,000,000 for
assistance for Uganda as proposed by the Senate. The House did
not include a similar provision. The conferees endorse language
in the Senate report regarding this matter, and stipulate that
prior to the obligation of these funds the Committees on
Appropriations be consulted on the planned use of the funds.
The conference agreement includes $5,000,000 for
assistance for Nepal, instead of $6,000,000 as proposed by the
Senate. The House did not include a similar provision. The
conferees intend these funds be used to support elections and
for demobilization and reintegration of former combatants. The
conferees endorse language in the Senate report regarding this
matter, and stipulate that prior to the obligation of these
funds the Committees on Appropriations be consulted on the
planned use of the funds.
The conference agreement includes $5,000,000 for typhoon
reconstruction assistance for the Philippines, instead of
$6,000,000 as proposed by the Senate. The House did not include
a similar provision.
The conference agreement includes $10,300,000 for
assistance for Jordan under this heading. The conferees intend
these funds to be used to improve basic education, health,
water and sanitation services in Jordanian communities that
have experienced a significant influx of Iraqi refugees.
The conference agreement does not provide $110,000,000
for Pakistan under this heading, as proposed by the Senate. The
House did not include a similar provision.
Funds under this heading are provided on an emergency
basis.
The conference agreement allocates funding as follows:
ECONOMIC SUPPORT FUND
----------------------------------------------------------------------------------------------------------------
Account ($ in thousands) Request House Senate Conference
----------------------------------------------------------------------------------------------------------------
Iraq:
Security:
Provincial Reconstruction Teams (PRTs)........................ 720,000 620,000 660,000 620,000
Community Action Program (CAP)................................ 50,000 75,000 100,000 95,000
Marla Ruzicka Iraqi War Victims Fund........................ 0 0 5,000 5,000
Community Stabilization Program (CSP)......................... 384,000 354,000 384,000 354,000
Local Governance Program...................................... 100,000 100,000 90,000 90,000
Subtotal Security........................................... 1,254,000 1,149,000 1,234,000 1,159,000
Economic:
Private Sector Agribusiness Development....................... 75,000 75,000 70,000 70,000
Strengthen Financial Markets.................................. 12,500 12,500 10,000 10,000
Financial Market Development.................................. 12,500 12,500 10,000 10,000
Targeted Development Programs................................. -- -- -- 57,400
Subtotal Economic........................................... 100,000 100,000 90,000 147,400
Political:
National Capacity Development................................. 180,000 160,000 140,000 140,000
Policy, Subsidy, Legal and Regulatory Reform.................. 110,000 90,000 60,000 60,000
Democracy..................................................... 428,000 388,000 -- --
Civil Society Development..................................... -- -- -- 67,600
Subtotal Political.......................................... 718,000 638,000 200,000 267,600
Provided under Democracy Fund................................. -- -- [385,000] [250,000]
-----------------------------------------------
Subtotal--Iraq ESF.......................................... 2,072,000 1,887,000 1,524,000 1,574,000
Afghanistan:
Provincial Reconstruction Teams (PRTs)........................ 117,000 217,000 144,000 174,000
Rural Development............................................. 120,000 160,000 125,000 155,000
Agriculture................................................... 13,000 13,000 25,000 19,000
Governance Capacity Building.................................. 21,000 21,000 [25,000] 25,000
New Power Generation Construction............................. 40,000 40,000 40,000 40,000
Rural Road Construction....................................... 342,000 292,000 342,000 314,000
Civilian Assistance Program................................... -- -- 10,000 10,000
-----------------------------------------------
Subtotal--Afghanistan ESF................................... 653,000 743,000 686,000 737,000
Lebanon:
Budget Support500,000500,000500,000500,000....................
Project Assistance............................................ 50,000 50,000 15,000 45,000
Provided under Democracy Fund................................. -- -- [35,000] [5,000]
-----------------------------------------------
Subtotal--Lebanon ESF....................................... 300,000 300,000 265,000 295,000
Sierra Leone Special Court.................................... -- 3,000 -- 3,000
Jordan:
Basic Education and Health Activities......................... -- -- -- 10,300
Permissive Transfer from Iraq PRT Funding (non-add)........... -- -- (100,000) --
-----------------------------------------------
Subtotal--Jordan ESF........................................ -- -- -- 10,300
Nepal Elections and Peace Process............................. -- -- 6,000 5,000
Democratic Republic of the Congo Governance and Peace Process. -- 15,000 -- 15,000
Liberian Presidential Personal Security....................... -- 5,000 -- \1\
Uganda Peace Process.......................................... -- -- 2,000 2,000
Vietnam Environment and Health Programs....................... -- -- 3,200 3,000
Philippines Reconstruction.................................... -- -- 6,000 5,000
===============================================
Total--ESF.............................................. 3,135,000 2,953,000 2,602,200 2,649,300
----------------------------------------------------------------------------------------------------------------
\1\ Funding for this purpose is included under the Nonproliferation, Anti-Terrorism, Demining and Related
Programs account.
ASSISTANCE FOR EASTERN EUROPE AND THE BALTIC STATES
The conference agreement includes $229,000,000 for
Assistance for Eastern Europe and the Baltic States for
assistance for Kosovo, instead of $239,000,000 as proposed by
the House and $214,000,000 as proposed by the Senate. The
conferees endorse the reporting requirement included in the
House report regarding the proposed pledge of funds.
Funds under this heading are provided on an emergency
basis.
DEPARTMENT OF STATE
Democracy Fund
The conference agreement provides $260,000,000 for
Democracy Fund, instead of $465,000,000 as proposed by the
Senate. The House provided funding for this purpose under the
requested accounts. The conference agreement includes the
following amounts in the accounts requested: $125,000,000 for
assistance for Iraq; $25,000,000 for assistance for
Afghanistan; $15,000,000 for assistance for Kosovo; and
$30,000,000 for assistance for Lebanon.
The conference agreement provides a total of $250,000,000
for democracy, human rights and rule of law programs in Iraq,
of which $190,000,000 is for the Human Rights and Democracy
Fund (HRDF) of the Department of State's Bureau of Democracy,
Human Rights, and Labor, and $60,000,000 is for USAID. The
conferees direct that funds included under this heading for
assistance for Lebanon be made available to the HRDF, and that
of the funds included for media and democracy programs in
Somalia, $3,000,000 be made available to USAID, and $2,000,000
to the HRDF.
The conference agreement includes language, similar to
that proposed by the Senate, requiring the Secretary of State
to submit a report to the Committees on Appropriations not
later than 60 days after enactment of this Act describing a
comprehensive, long-term strategy, with goals and expected
results, for strengthening and advancing democracy in Iraq.
This report should be developed in consultation with USAID, and
should include the anticipated funding required for successful
implementation of the strategy in subsequent fiscal years.
The conferees endorse language in the Senate report
regarding the conduct of appropriate rule of law programs
concurrently with activities to professionalize the Afghan
National Police.
Funds under this heading are provided on an emergency
basis.
The conference agreement allocates funding as follows:
DEMOCRACY FUND
----------------------------------------------------------------------------------------------------------------
Account ($ in thousands) Request House Senate Conference
----------------------------------------------------------------------------------------------------------------
Afghanistan................................................. [21,000] \1\ 25,000 \2\
Iraq:
Continuation of Democracy Programs........................ [181,600] \1\ 200,000 200,000
Political Participation Fund.............................. [42,800] \1\ 19,400 \2\
National Institutions Fund (including Parliament)......... [76,000] \1\ 38,000 \2\
Human Rights.............................................. [40,000] \1\ 40,000 40,000
Women's Programs.......................................... [10,000] \1\ 10,000 10,000
Provincial Funds via PRTs................................. [32,000] \1\ 32,000 \2\
Security for International Election Monitors.............. [17,600] \1\ 17,600 \2\
International Visitors Program............................ [8,000] \1\ 8,000 \2\
Support for Media......................................... [20,000] \1\ 20,000 \2\
---------------------------------------------------
Subtotal--Iraq.......................................... [428,000] [388,000] 385,000 500,000
Kosovo:
Legislative Reform........................................ [2,000] \1\ 2,000 \2\
Conflict Mitigation....................................... [5,000] \1\ 5,000 \2\
Institution/Capacity Building............................. [8,000] \1\ 8,000 \2\
---------------------------------------------------
Subtotal--Kosovo........................................ [15,000] \1\ 15,000 \2\
Lebanon:
Strength the Rule of Law.................................. ........... \1\ 10,000 \2\
Municipal Capacity Building............................... ........... \1\ 20,000 \2\
Promote Consensus Building................................ ........... \1\ 5,000 ...........
Democracy Programs........................................ ........... ........... ........... 5,000
---------------------------------------------------
Subtotal--Lebanon....................................... [35,000] \1\ 35,000 5,000
Somalia:
Media and Democracy Programs.............................. ........... ........... 5,000 5,000
---------------------------------------------------
Subtotal--Somalia....................................... ........... ........... 5,000 5,000
Total--DF........................................... ........... ........... 465,000 260,000
----------------------------------------------------------------------------------------------------------------
\1\ The House included these funds in the accounts requested.
\2\ The conference agreement includes these funds in the accounts requested.
INTERNATIONAL NARCOTICS CONTROL AND LAW ENFORCEMENT
(INCLUDING RESCISSION OF FUNDS)
The conference agreement includes $257,000,000 for
International Narcotics Control and Law Enforcement, instead of
$334,500,000 as proposed by the House and $210,000,000 as
proposed by the Senate. The conference agreement includes the
rescission of $13,000,000 in prior appropriations as proposed
by the Senate. House bill did not include a similar provision.
The conferees endorse language included in the Senate
report denying funding for construction of corrections
facilities.
Funds under this heading are provided on an emergency
basis.
The conference agreement allocates funding as follows:
INTERNATIONAL NARCOTICS CONTROL AND LAW ENFORCEMENT
----------------------------------------------------------------------------------------------------------------
Account ($ in thousands) Request House Senate Conference
----------------------------------------------------------------------------------------------------------------
Iraq...................................................... 200,000 180,000 150,000 150,000
Afghanistan................................................. ........... 94,500 ........... 47,000
Lebanon..................................................... 60,000 60,000 60,000 60,000
---------------------------------------------------
Total--INCLE............................................ 260,000 334,500 210,000 257,000
----------------------------------------------------------------------------------------------------------------
MIGRATION AND REFUGEE ASSISTANCE
The conference agreement includes $130,500,000 for
Migration and Refugee Assistance, instead of $111,500,000 as
proposed by the House and $143,000,000 as proposed by the
Senate.
The conference agreement provides not less than
$5,000,000 to rescue Iraqi scholars, as proposed by the Senate.
The House bill did not include a similar provision. The
conferees endorse language on this matter in the Senate report
and urge the Department of State to act expeditiously to
develop and implement a plan for resettling Iraqi scholars.
Funds under this heading are provided on an emergency
basis.
The conference agreement allocates funding as follows:
MIGRATION AND REFUGEE ASSISTANCE
----------------------------------------------------------------------------------------------------------------
Account ($ in thousands) Request House Senate Conference
----------------------------------------------------------------------------------------------------------------
Afghanistan................................................. ........... ........... 18,000 16,000
Iraq........................................................ 15,000 15,000 65,000 45,000
Allocated to Other Countries................................ 0 0 60,000 0
Unallocated for Unforeseen Requirements..................... 56,500 96,500 ........... 69,500
---------------------------------------------------
Total--MRA.............................................. 71,500 111,500 143,000 130,500
----------------------------------------------------------------------------------------------------------------
UNITED STATES EMERGENCY REFUGEE AND MIGRATION ASSISTANCE FUND
The conference agreement includes $55,000,000 for the
United States Emergency Refugee and Migration Assistance Fund
as proposed by the Senate, instead of $35,000,000 as proposed
by the House.
Funds under this heading are provided on an emergency
basis.
NONPROLIFERATION, ANTI-TERRORISM, DEMINING AND RELATED PROGRAMS
The conference agreement includes $57,500,000 for
Nonproliferation, Anti-Terrorism, Demining and Related
Programs, instead of $87,500,000 as proposed by the House and
$27,500,000 as proposed by the Senate. The conferees
$25,000,000 for border security programs in Jordan, and include
$5,000,000, as proposed in the House bill under ``Economic
Support Fund'', for the protection of the Liberian President.
The conferees direct the Secretary of State to submit to
the Committees on Appropriations not later than 30 days after
enactment of this Act a report on strengthening the personal
security of President of South Sudan. This report shall include
a spending plan for the use of funds appropriated in fiscal
year 2007, including from Peacekeeping Operations or
Nonproliferation, Anti-Terrorism, Demining and Related
Programs.
Funds under this heading are provided on an emergency
basis.
Department of the Treasury
INTERNATIONAL AFFAIRS TECHNICAL ASSISTANCE
The conference agreement includes $2,750,000 for
International Affairs Technical Assistance as proposed by both
the House and the Senate.
Funds under this heading are provided on an emergency
basis.
MILITARY ASSISTANCE
Funds Appropriated to the President
FOREIGN MILITARY FINANCING PROGRAM
The conference agreement includes $265,000,000 for the
Foreign Military Financing Program, instead of $260,000,000 as
proposed by the House and $220,000,000 as proposed by the
Senate. The conference agreement includes $220,000,000 for
assistance for Lebanon and $45,000,000 for assistance for
Jordan.
The conferees recognize that Jordan is a key ally of the
United States in the region and affirm the special transfer
authorities of the President under section 614(a) of the
Foreign Assistance Act of 1961 should additional emergency
security assistance for Jordan be required.
Funds under this heading are provided on an emergency
basis.
PEACEKEEPING OPERATIONS
The conference agreement includes $230,000,000 for
Peacekeeping Operations, instead of $225,000,000 as proposed by
the House and $323,000,000 as proposed by the Senate.
The conferees endorse language in the House report
directing the Department of State to report on the status of
implementation of the African Union Mission in Sudan (AMIS)
mandate and to provide a timetable for a hybrid U.N./AMIS
peacekeeping force in Darfur.
The conferees direct the Secretary of State to submit a
report to the Committees on Appropriations not later than 30
days after enactment of this Act, and every 30 days thereafter
until September 30, 2008, detailing the obligation and
expenditure of funds made available under this heading. The
conferees request that this information be provided on a
country-by-country basis, with descriptive information on
activities supported.
Funds under this heading are provided on an emergency
basis.
GENERAL PROVISIONS--THIS CHAPTER
Section 1801. Authorization of Funds--The conference
agreement includes a general provision authorizing the
expenditure of funds provided by this title, as proposed by the
Senate (sec. 1701). The House bill did not include a similar
provision.
The conference agreement does not include a general
provision proposed by the Senate extending the availability of
funds (sec. 1702).
Sec. 1802. Extension of Oversight Authority--The
conference agreement includes a general provision extending the
authority of the Special Inspector General for Iraq
Reconstruction through fiscal year 2007, as proposed by the
Senate (sec. 1703). The House proposed a similar provision
(sec. 1801) extending the authority for both fiscal years 2007
and 2008.
Sec. 1803. Lebanon--The conference agreement includes a
general provision restricting certain assistance for Lebanon,
similar to language proposed by the House (sec. 1802) and the
Senate (sec. 1706).
Sec. 1804. Debt Restructuring--The conference agreement
includes a general provision permitting the use of funds made
available in fiscal year 2007 for debt restructuring to assist
Liberia, as proposed by both the House and Senate.
The conference agreement does not include a general
provision authorizing the transfer of funds under the Economic
Support Fund account to other accounts for assistance for
Jordan, as proposed by the Senate (sec. 1705).
Sec. 1805. Government Accountability Office--The
conference agreement includes a new provision requiring that
the Department of State support personnel from the Government
Accountability Office (GAO) for periods of not less than 45
days to conduct oversight in Iraq. The conferees expect that
housing and office space, appropriate for handling classified
materials, for three GAO personnel would be provided in
Baghdad's International Zone.
Sec. 1806. Human Rights and Democracy Fund--The
conference agreement includes a general provision regarding the
management responsibilities of the Assistant Secretary of State
for Democracy, Human Rights, and Labor, as proposed by the
Senate (sec. 1707). The House bill included no similar
provision.
Sec. 1807. Inspector General Oversight of Iraq and
Afghanistan--The conference agreement modifies a general
provision from the Senate bill (sec. 1708) regarding certain
authorities of the Department of State's Inspector General. The
House bill included no similar provision.
Sec. 1808. Funding Tables--The conference agreement
modifies a general provision from the Senate bill (sec. 1709)
requiring that certain funds provided in this chapter be made
available for programs and countries in the amounts contained
in the respective tables included in this Statement of
Managers, subject to the regular notification procedures of the
Committees on Appropriations. The House bill included no
similar provision.
Sec. 1809. Spending Plan and Notification Procedures--The
conference agreement modifies a general provision included in
the Senate bill (sec. 1711) regarding the submission of a
report detailing planned expenditures for funds appropriated
under the headings in this chapter. The House bill included no
similar general provision.
Sec. 1810. Conditions on Assistance for Pakistan--The
conference agreement includes a provision requiring the
Secretary of State to submit an implementation plan to the
Committees on Appropriations before any nonproject assistance
is made available to the Government of Pakistan. This report
shall detail the process by which the use of these funds will
be determined and overseen, as well as outline the benchmarks
for the use of these funds. The report shall also detail the
United States and Pakistani entities responsible for
implementation and oversight, and assess their operational
capacity. The conferees expect the spending plan to include
detailed information on assistance by sector and program,
project, and activity. This report shall also indicate which
``FATA Sustainable Development Plan'' sub-sector is supported
by each program, project, or activity. The conferees also
direct that $5,000,000 of the funds made available for Pakistan
under the heading ``Economic Support Fund'' be provided for
political party development and election observation programs
to the Human Rights and Democracy Fund.
Sec. 1811. Civilian Reserve Corps--The conference
agreement modifies language proposed by the House (under the
heading ``Diplomatic and Consular Programs'') and by the Senate
(sec. 1712) authorizing the Secretary of State to make
available up to $50,000,000 to support and maintain a civilian
reserve corps.
Sec. 1812. Coordinator for Iraq Assistance--The
conference agreement includes a provision concerning the
appointment and duties of a new Coordinator for Iraq
Assistance, as proposed by the House. The Senate bill included
no similar provision. The conferees expect the Coordinator to
consult on a regular and ongoing basis with the U.S. Chief of
Mission in Iraq.
CHAPTER 9
GENERAL PROVISIONS--THIS TITLE
The conference agreement includes a provision proposed by
the House related to the mission capabilities of units deployed
to Iraq.
The conference agreement includes a provision proposed by
the House related to the deployment of units in Iraq.
The conference agreement includes a provision proposed by
the House related to the early redeployment of troops to Iraq.
The conference agreement includes modified House and
Senate language establishing benchmarks and timetables for the
redeployment of U.S. combat forces from Iraq.
TITLE II--ADDITIONAL HURRICANE DISASTER RELIEF AND RECOVERY
Funding in this title provides continuing support for
hurricane disaster relief and recovery. One of the groups that
has been most adversely affected are the children in the Gulf
Coast region. The conferees provide additional funding of
$4,610,000,000 to the Federal Emergency Management Agency
Disaster Relief fund. This funding can help continue to address
the needs of the estimated 372,000 students affected by
Hurricane Katrina. The Disaster Relief fund includes support
for public assistance grants to repair and reconstruct school
buildings, replace contents in schools including books and
desks, and provide portable classrooms. A provision included in
this legislation mandates that the full cost of the assistance
to affected States, applied for prior to enactment of this Act,
is borne by the federal government.
The supplemental also provides $30,000,000 in emergency
assistance for the public elementary and secondary schools most
severely impacted by the 2005 Gulf Coast hurricanes in order to
help them recruit and retain high quality classroom teachers
for the children returning to these communities.
The supplemental also extends the availability of
$550,000,000 in emergency funds provided for the Title XX
Social Services Block Grant in 2006 that will otherwise expire
on September 30, 2007. A portion of these funds will be used to
provide behavioral health services, foster care, protective,
and day care services for children.
CHAPTER 1
DEPARTMENT OF AGRICULTURE
GENERAL PROVISION--THIS CHAPTER
Sec. 2101. The conference agreement includes a general
provision that would allow the Secretary of Agriculture to
continue to enroll eligible participants into the Emergency
Forestry Conservation Reserve Program (EFCRP) as proposed by
the Senate. The EFCRP was created in the aftermath of Hurricane
Katrina to assist forest landowners with the restoration of
damaged timber stands.
The conference agreement does not include additional
hurricane disaster assistance for livestock, irrigated crops,
or citrus as proposed by the House. Qualifying losses are
covered under the Agriculture Assistance title.
CHAPTER 2
DEPARTMENT OF JUSTICE
Office of Justice Programs
STATE AND LOCAL LAW ENFORCEMENT ASSISTANCE
The conference agreement includes $50,000,000 for Edward
Byrne Discretionary Grants for State and local law enforcement,
instead of $170,000,000 as proposed by the Senate. The House
did not include this funding. This funding is provided for
local law enforcement initiatives in the Gulf Coast region
related to the aftermath of Hurricanes Katrina and Rita. The
conferees agree that funding shall be distributed to the States
in relation to their level of violent crime as estimated by the
Federal Bureau of Investigation's Uniform Crime Report for
2005.
The conference agreement does not include $100,000,000
for Edward Byrne Discretionary Grants for State and local law
enforcement for security related to the 2008 Presidential
Conventions. As proposed by the Senate, the funds would have
been distributed equally between the host cities of Denver,
Colorado and St. Paul, Minnesota. The House proposed no
funding.
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
OPERATIONS, RESEARCH, AND FACILITIES
The conference agreement includes $110,000,000 under this
heading, instead of $120,000,000 as proposed by the House and
$165,900,000 as proposed by the Senate. Within this amount, the
Senate proposal included $60,400,000 for a salmon fishery
disaster along the Klamath River. The House provided funding
for this purpose in a different title. The conferees agree to
provide funding for the consequences of this disaster in Title
III of this Act.
The conferees provide: $24,000,000 for the Office of
Coast Survey and the Office of Response and Restoration to
conduct scanning and mapping as well as to provide debris
removal in Louisiana's traditional fishing grounds; $85,000,000
for assistance programs authorized under section 115 of the
Magnuson-Stevens Fishery Conservation and Management
Reauthorization Act of 2006, of which funding shall be
distributed to eligible recipients in States most affected by
Hurricanes Katrina and Rita; and $1,000,000 for real-time
observations and forecasts for critical marine navigation at
the next highest priority seaports along the northern Gulf of
Mexico, and to continue to repair and replace tide gauge
stations throughout the entire region which are critical
components to coastal shipboard navigation and storm surge
information.
The conferees direct the Department of Commerce to work
with the States of Louisiana, Mississippi, and Alabama and
other appropriate entities to distribute assistance funding
based on an assessment of the needs of the fishing industries
in those States. The conferees direct the Department of
Commerce to notify the Committees on Appropriations on the
allocation of funds provided under this heading for the above
activities no later than 15 days prior to obligation of such
funds.
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
EXPLORATION CAPABILITIES
The conference agreement includes $35,000,000 for risk
mitigation projects at the National Aeronautics and Space
Administration (NASA), as proposed by the House. The Senate did
not include funding under this heading.
GENERAL PROVISION--THIS CHAPTER
The conference agreement includes language to allow NASA
to use previously appropriated emergency funds to cover
hurricane response expenses incurred in fiscal year 2005.
CHAPTER 3
DEPARTMENT OF DEFENSE--CIVIL
DEPARTMENT OF THE ARMY
Corps of Engineers--Civil
CONSTRUCTION
The conference agreement provides $25,300,000 for
``Construction'', instead of $37,080,000 as proposed by the
House and $150,000,000 as proposed by the Senate. These funds
are provided for necessary expenses related to the consequences
of Hurricane Katrina and other hurricanes of the 2005 season,
and may be used to continue construction of projects related to
interior drainage for the greater New Orleans metropolitan
area.
FLOOD CONTROL AND COASTAL EMERGENCIES
The conference agreement provides $1,407,700,000 for
``Flood Control and Coastal Emergencies'' as proposed by the
Senate instead of $1,300,000,000 as proposed by the House.
Additional funding for this account is provided under title
III.
The Conferees include $107,700,000 to construct interim
flood and storm damage reduction measures recommended in the
Chief of Engineers report dated December 31, 2006, entitled
``Mississippi Coastal Improvements Program, Interim Report'',
at full federal expense.
Funds provided in Public Law 109-148, the third emergency
supplemental appropriations act of 2006, were intended to
complete the West Bank and vicinity and Lake Pontchartrain and
vicinity, Louisiana, projects. However, the magnitude of the
effort required to provide the pre-Katrina authorized levels of
protection is now recognized to be much greater than originally
anticipated. Accordingly, $1,300,000,000 is included to
complete the pre-Katrina authorized level of protection for the
West Bank and vicinity project as well as make progress toward
providing authorized protection for the remaining portions of
the Lake Pontchartrain and vicinity project.
The Conferees are aware that the Corps of Engineers is
considering the placement of interim protective structures at
the Inner Harbor Navigation Canal to provide an enhanced
measure of protection against storm surges traveling up the
Mississippi River Gulf Outlet or the Gulf Intracoastal Waterway
until authorized permanent protective measures can be designed
and built. The Conferees support this use of Flood Control and
Coastal Emergency funds made available under P.L. 109-234. The
Corps is reminded that a potentially catastrophic emergency
situation continues to exist at the Inner Harbor and encourages
the Corps to employ all legitimate emergency means and
authorities to ensure that some enhanced level of interim
protection can be put into place during 2007, and that
permanent protective structures can be completed by 2010.
Additionally, a provision is included to allow the
reallocation of funds provided in chapter 3 of Public Law 109-
234 under the heading ``Flood Control and Coastal Emergencies''
for projects in the greater New Orleans area. The provision
requires any reallocation of funds be approved by the House and
Senate Committees on Appropriations. The Conferees are aware of
only one instance where the reallocation of funds is advisable,
the provision of permanent protection at the Inner Harbor
Navigation Canal. While the Conferees recognize there may be
future circumstances where the use of this authority will be
desirable, the Corps is instructed to use it judiciously.
GENERAL PROVISIONS--THIS CHAPTER
Sec. 2301. The conference agreement includes a provision
relating to reimbursements to local governments for expenses
incurred for eligible storm and flood damage reduction
activities.
Sec. 2302. The conference agreement includes a provision
related to the utilization of funds provided under Public Law
109-234.
Sec. 2303. The conference agreement includes a provision
directing the study of the effectiveness of pumping stations
and other alternatives at specific sites in New Orleans.
Sec. 2304. The conference agreement includes a provision
directing the acceleration of the Mississippi River Gulf Outlet
study, as practicable.
CHAPTER 4
SMALL BUSINESS ADMINISTRATION
Disaster Loans Program Account
(INCLUDING TRANSFER OF FUNDS)
The conference agreement modifies the House and Senate
proposals and provides for the use of $25,069,000 in
unobligated balances of the Disaster Loans Program Account to
be used for administrative expenses. The House and Senate
recommended $25,069,000 as a new appropriation.
The conference agreement also provides that $25,000,000
in unobligated balances shall be used for the Small Business
Administration Disaster Loans Program for Economic Injury
Disaster Loans. Not more than $8,750,000 may be used for
administrative expenses. The Senate proposed a direct
appropriation as part of section 2401. The House did not
include similar language.
GENERAL PROVISIONS--THIS CHAPTER
The conference agreement does not include language
proposed as Senate section 2401 regarding Economic Injury
Disaster Loans.
The conference agreement does not include language
proposed as Senate section 2402 to extend the HUBZone program
and to terminate the Small Business Competitive Demonstration
Program.
The conference agreement does not include language
proposed as Senate section 2403 to modify the Reservist
Program.
CHAPTERS
DEPARTMENT OF HOMELAND SECURITY
Office of the Federal Coordinator for Gulf Coast Rebuilding
The conferees understand the Office of the Federal
Coordinator for Gulf Coast Rebuilding is working on several
initiatives, such as working with the Federal Emergency
Management Agency (FEMA) to advance public assistance projects,
including those that focus on education and criminal justice;
working with the Department of Housing and Urban Development
(HUD) on a public housing plan; and developing a plan to
transition evacuees into permanent housing. The conferees agree
that the housing problem in the Gulf Coast is especially
daunting and expect the Office of the Federal Coordinator for
Gulf Coast Rebuilding to take a leadership role in order to
ensure progress is made. The focus of the Office of the Federal
Coordinator for Gulf Coast Rebuilding should not only be on
public housing but also on other HUD programs including Section
202, Section 811, and rental assistance. The conferees expect
that a near-term goal is to develop housing solutions for all
evacuees. The conferees direct the Office of the Federal
Coordinator for Gulf Coast Rebuilding to provide quarterly
progress reports to the Committees on Appropriations outlining
monthly progress on ongoing initiatives, factors delaying
progress, and the goals and expectations against which progress
is being measured.
FEDERAL EMERGENCY MANAGEMENT AGENCY
Disaster Relief
(INCLUDING TRANSFER OF FUNDS)
The conferees provide $4,610,000,000 for Disaster Relief
instead of $4,310,000,000 as proposed by the House and Senate.
The conferees agree with the House report requiring the
Government Accountability Office to review how FEMA develops
its estimates of the funds needed to respond to any given
disaster.
The conferees provide that $4,000,000 of the amount
provided be transferred to the Office of Inspector General to
increase oversight of Hurricanes Katrina, Rita, and Wilma
expenditures and eliminate waste, fraud and abuse, as proposed
by the House.
GENERAL PROVISIONS
Sec. 2501.--The conferees include provisions proposed by
the House and Senate eliminating the State and local match
requirement for certain Federal assistance applied for prior to
enactment of this Act pursuant to Title IV of the Stafford Act
in response to Hurricanes Katrina, Rita, Wilma, and Dennis in
Louisiana, Mississippi, Texas, Florida, and Alabama. The
conferees direct FEMA to apply the cost share waiver to all
eligible projects for which a ``request for public assistance
form'' has been submitted and for other needs assistance that
has been applied for by an individual prior to enactment of
this Act.
Sec. 2502.--The conferees include a provision proposed by
the House and Senate restoring FEMA's ability to forgive
Community Disaster Loans that were issued in response to
Hurricanes Katrina and Rita. This is consistent with previous
disasters. This provision is retroactive to the date of
enactment of P.L. 109-234 and P.L. 109-88, as proposed by the
House.
Sec. 2503.--The conferees include a provision proposed by
the House and Senate extending the availability of utilities
assistance for those leases negotiated by State and local
governments and reimbursed by FEMA. This provision is
retroactive to the date of enactment of P.L. 109-234, as
proposed by the House.
CHAPTER 6
DEPARTMENT OF THE INTERIOR
National Park Service
HISTORIC PRESERVATION FUND
The conference agreement provides $10,000,000 for the
historic preservation fund instead of $15,000,000 as
recommended by the Senate and no funding recommended by the
House. The agreement includes the bill language and
instructions recommended by the Senate.
GENERAL PROVISIONS--THIS CHAPTER
(INCLUDING TRANSFER OF FUNDS)
Sec. 2601. The conference agreement modifies language
proposed by the Senate. The conference agreement makes a
technical correction to P.L. 109-234 permitting $500,000 of
emergency Hurricane Katrina disaster funds provided in fiscal
year 2006 to be transferred from the National Park Service
Historic Preservation Fund account to the National Recreation
and Preservation account. These funds will be used for
hurricane related reconstruction activities.
CHAPTER 7
DEPARTMENT OF EDUCATION
Higher Education
The conference agreement includes $30,000,000 for grants
to institutions of higher education impacted by Hurricanes
Katrina or Rita. The House bill and Senate amendment also
proposed $30,000,000 for grants to institutions of higher
education, but used different eligibility criteria to define
how the funds should be allocated. The conferees direct the
Secretary to allocate funds to interested eligible institutions
based on their share of unreimbursed expenses, including
tuition and fees revenue lost, expenses incurred in remediating
the effects of the hurricanes, and estimated construction costs
for repairing and replacing campus buildings. These data should
reflect revenue lost and expenses incurred through the current
semester of this academic year.
The conferees direct the Department to disburse these
funds within 60 days of the date of enactment of this act. The
conferees also direct the Department to brief the Committees on
Appropriations of the House of Representatives and Senate on
the proposed methodology for allocating these funds prior to
any action notifying the public of the availability of these
funds.
Hurricane Education Recovery
The conference agreement provides $30,000,000 for grants
to hurricane-impacted States and local educational agencies to
build the capacity of public schools that were forced to
suspend operations due to Hurricane Katrina or Hurricane Rita.
The House bill and Senate amendment also proposed $30,000,000
for this purpose, but used different criteria regarding the use
and distribution of the funds. The conferees request that the
Department of Education provide quarterly reports to the House
Committee on Education and Labor; the Senate Committee on
Health, Education, Labor, and Pensions; and the House and
Senate Committees on Appropriations on the use of this
emergency assistance, including amounts paid for recruitment
incentives such as performance pay, relocation, and housing.
PROGRAMS TO RESTART SCHOOL OPERATIONS
The conference agreement modifies bill language proposed
by the House and Senate to expand the uses of funds provided
for emergency aid to restart school operations appropriated in
Public Law 109-148 to include costs associated with recruitment
and retention of educators and other activities to assist in
building the capacity of public schools that were forced to
suspend operations due to Hurricane Katrina or Hurricane Rita.
The House bill and Senate amendment had similar language.
GENERAL PROVISIONS--THIS CHAPTER
Sec. 2701. The conference agreement modifies bill
language proposed by the House and Senate providing flexibility
to eligible States and local educational agencies in the use of
emergency aid to restart school operations appropriated in
Public Law 109-148.
Sec. 2702. The conference agreement includes a provision
similar to that proposed by the House and the Senate that
extends until September 30, 2009, the availability of emergency
title XX Social Services Block Grant funds provided to the
States affected by the 2005 Gulf Coast hurricanes under the
Department of Defense, Emergency Supplemental Appropriations to
Address Hurricanes in the Gulf of Mexico, and Pandemic
Influenza Act, 2006.
Sec. 2703. The conference agreement includes language
permitting the Secretary of Health and Human Services to grant
waivers modifying three provisions of the Ryan White State HIV/
AIDS grants for four States affected by the 2005 Gulf Coast
hurricanes. The Senate amendment included similar language. The
House bill did not include a similar provision.
CHAPTER 8
DEPARTMENT OF TRANSPORTATION
Federal Highway Administration
FEDERAL-AID HIGHWAYS
EMERGENCY RELIEF PROGRAM
(INCLUDING RESCISSION OF FUNDS)
The conference agreement includes $682,942,000 for the
Emergency Relief Program, instead of $388,903,000 as proposed
by the Senate. The House had no similar funding provision. The
conference agreement also includes language that waives the
per-State per-disaster limitation for the 2005-2006 winter
storms which severely impacted forty counties in the State of
California. In taking this action, the conferees make eligible
the costs associated with this disaster that exceed the
statutory limitation but do not prioritize them above the costs
associated with any other disaster eligible for emergency
relief assistance. The conference agreement eliminates the
total current backlog of formal and pending requests for
emergency relief funding.
The cost of providing these funds is offset by a
rescission of an equal amount of the unobligated balances of
funds apportioned to the states under chapter 1 of title 23,
United States Code, excluding safety programs and funds set
aside within the state for population areas. The conferees
direct the FHWA to administer the rescission by allowing each
state maximum flexibility in making adjustments among the
apportioned highway programs.
Federal Transit Administration
FORMULA GRANTS
The conference agreement includes $35,000,000, instead of
$75,000,000 as proposed by the Senate, for the Federal Transit
Administration's formula grant program for emergency expenses
associated with the continuation of transit services in
communities severely impacted by Hurricanes Katrina and Rita.
The conferees direct that funding shall be allocated by the
Secretary both for operating expenses necessary to keep transit
services affordable for local residents as well as for capital
costs associated with the replacement of rolling stock
destroyed by the hurricanes. The conferees direct the Federal
Transit Administration to make this assistance available
without requirement for local match. The House included no
similar appropriation.
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
Office of Inspector General
The conference agreement provides $7,000,000 for the
Office of the Inspector General instead of $10,240,000 as
proposed by the House and $5,000,000 as proposed by the Senate.
These funds shall be used to meet the necessary HUD OIG
expenses related to the auditing and oversight of HUD funds
provided previously to address the consequences of Hurricanes
Katrina and Rita. These funds shall remain available until
expended, as proposed by the Senate. The conferees believe that
the oversight of emergency CDBG funds is an important
responsibility for the HUD IG to ensure that disaster funds
provided for the Gulf are used efficiently and effectively. The
conferees expect the OIG to establish benchmarks to identify
the effective use of these funds.
Since this is a substantial increase of funding for the
OIG, the conferees direct that these supplemental funds not be
used solely to increase the number of OIG staff. The conferees
cannot be certain that resources will be available to annualize
the costs of such a substantial staffing boost. Rather, the
conferees expect the OIG to view these supplemental resources
as non-recurring and focus these resources on a multi-year
effort targeted solely on HUD-related investigations and audits
related to the emergency CDBG and other HUD funds provided to
rebuild the Gulf region and house low-income tenants.
GENERAL PROVISIONS--THIS CHAPTER
The conference agreement includes a general provision as
proposed by the House to extend until December 31, 2007 the
existing authority to waive Section 8 income eligibility and
tenant contribution requirements for the Disaster Voucher
Program. The Senate did not include a similar provision.
The conference agreement modifies a general provision
proposed by both the House and Senate that temporarily exempts
specific categories of public housing authorities from the new
12-month formula for the Tenant-Based Rental Assistance
program. To the extent a demonstration of need is made, the
specific categories are as follows: 1) public housing agencies
impacted by Hurricanes Katrina and Rita; and 2) public housing
agencies that are under receivership or declared to be in
breach of their Annual Contributions Contract. Public housing
agencies that spent more than the total of their allocated
funds for 2005 and 2006 may not receive a higher allocation.
The conference agreement does not include an exemption for
public housing authorities operating under the Moving to Work
program as proposed by the House.
The conference agreement includes a new general provision
that extends until December 31, 2007, the provision of Sec. 901
of Public Law 109-148. This provision will continue to allow
public housing authorities in the most heavily impacted areas
in Mississippi and Louisiana the flexibility to combine
separate funding streams to assist tenants and reconstruct and
rehabilitate low-income rental housing.
The conference agreement does not include language
proposed by the House to extend the funds associated with the
Disaster Voucher Program because Congress has been assured by
senior level officials from the Department of Housing and Urban
Development (HUD) that HUD will obligate all remaining funds
prior to September 30, 2007.
TITLE III--OTHER EMERGENCY APPROPRIATIONS
CHAPTER 1
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
OPERATIONS, RESEARCH, AND FACILITIES
The conferees provide $60,400,000, as proposed by the
House and the Senate, for disaster relief for commercial salmon
fishermen and other eligible entities along the coasts of
California and Oregon due to the 2006 salmon fishery failure in
the Klamath River as 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 2
DEPARTMENT OF DEFENSE--CIVIL
DEPARTMENT OF THE ARMY
Corps of Engineers--Civil
OPERATION AND MAINTENANCE
The conference agreement provides $3,000,000 for
``Operation and Maintenance'' as proposed by the Senate. Funds
are provided for emergency dredging needs due to the effects of
hurricanes of the 2005 season.
FLOOD CONTROL AND COASTAL EMERGENCIES
The conference agreement provides $150,000,000 for
``Flood Control and Coastal Emergencies'' as proposed by the
Senate in title II. Funds are provided for repairs to eligible
Federal facilities damaged by natural disasters and emergency
drought assistance.
DEPARTMENT OF THE INTERIOR
BUREAU OF RECLAMATION
WATER AND RELATED RESOURCES
The conference agreement provides $18,000,000 for ``Water
and Related Resources'' as proposed by the Senate.
CHAPTER 3
DEPARTMENT OF THE INTERIOR
Bureau of Land Management
WILDLAND FIRE MANAGEMENT
(INCLUDING TRANSFER OF FUNDS)
The conference agreement provides $100,000,000 of
emergency funding for wildland fire management activities of
the Department of the Interior as proposed by both the House
and the Senate.
UNITED STATES FISH AND WILDLIFE SERVICE
RESOURCE MANAGEMENT
The conference agreement provides $7,398,000 of emergency
funding for activities related to avian flu within the resource
management account as recommended by both the House and the
Senate.
NATIONAL PARK SERVICE
OPERATION OF THE NATIONAL PARK SYSTEM
The conference agreement provides $525,000 of emergency
funding for activities related to avian flu within the
Operation of the National Park System account as recommended by
both the House and the Senate.
UNITED STATES GEOLOGICAL SURVEY
SURVEYS, INVESTIGATIONS, AND RESEARCH
The conference agreement provides $5,270,000 of emergency
funding for activities related to avian flu within the Surveys,
Investigations, and Research account as recommended by both the
House and the Senate.
DEPARTMENT OF AGRICULTURE
Forest Service
NATIONAL FOREST SYSTEM
The conference agreement includes $12,000,000 of
emergency funding for the national forest system as recommended
by the Senate instead of no funding as recommended by the
House. The conference agreement is consistent with the Senate
proposal to increase drug eradication on national forest system
lands and clarifies that these funds should be used for law
enforcement against all types of drug traffickers. The managers
agree that funding should be directed for increased staffing,
equipment, training and cooperative agreements to increase
protection of national forest lands in areas that face the
highest concentration of drug-trafficking activity.
WILDLAND FIRE MANAGEMENT
(INCLUDING TRANSFER OF FUNDS)
The conference agreement provides $400,000,000 of
emergency funding for wildland fire management activities of
the Forest Service as proposed by both the House and the
Senate.
GENERAL PROVISIONS--THIS CHAPTER
Section 3301. The conference agreement replaces language
recommended by the House in section 4501 and language
recommended by the Senate in Title II, section 2601, dealing
with payments for county schools and other purposes. The
agreement makes one-time payments to States in the same amounts
and in the same manner, to the maximum extent practicable, as
were done in 2006 under the Secure Rural Schools and Community
Self-Determination Act of 2000. The agreement allows certain
revenues, fees, penalties or miscellaneous receipts for both
the Forest Service and the Bureau of Land Management, not to
exceed $100,000,000, to be distributed, 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. The agreement also appropriates $425,000,000 of
emergency funding to cover any shortfall for payments made
under this section from funds not otherwise appropriated.
Lastly, the agreement amends this Act to allow the resource
advisory committees to function for another full year.
CHAPTER 4
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Centers for Disease Control and Prevention
DISEASE CONTROL, RESEARCH AND TRAINING
The conference agreement provides $13,000,000, to remain
available until September 30, 2008, for research to develop
mine safety technology, including necessary repairs and
improvements to leased laboratories as proposed by the Senate.
The House bill did not include a similar provision.
The conference agreement includes a bill language
provision, as proposed by the Senate, that quarterly progress
reports on technology development shall be submitted to the
House and Senate Committees on Appropriations, the House
Committee on Education and Labor, and the Senate Committee on
Health, Education, Labor and Pensions. The House bill did not
include a similar provision.
The conference agreement also includes $50,000,000 to
remain available until expended for health monitoring and
treatment of rescue and recovery workers who responded to the
attacks of September 11, 2001 as specified under section 5011
(b) of the Department of Defense, Emergency Supplemental
Appropriations to Address Hurricanes in the Gulf of Mexico, and
Pandemic Influenza Act, 2006. These funds will continue
baseline and follow-up screening, clinical examinations, long-
term medical health monitoring, and analysis for rescue and
recovery personnel who were exposed to toxins during their
service in response to the attacks, and support treatment
services for those rescue and recovery personnel suffering
illness or injuries related to their exposure. The Senate
amendment proposed $3,589,000 for this purpose. The House bill
had no similar provision.
Administration for Children and Families
LOW-INCOME HOME ENERGY ASSISTANCE
The conference agreement provides $400,000,000 for the
Low-Income Home Energy Assistance Program, including
$200,000,000 for State block grants and $200,000,000 for the
contingent emergency reserve. The Senate amendment included
$640,000,000 (equally divided between the State block grants
and the emergency reserve) and the House bill included
$400,000,000 (also equally divided).
The conference agreement does not include bill language
proposed by the House permitting a State, or other grantee, to
obligate the block grant through September 30, 2008, to address
home energy needs in the event of an emergency or for crisis
intervention. The Senate amendment did not contain similar
language.
Office of the Secretary
PUBLIC HEALTH AND SOCIAL SERVICES EMERGENCY FUND
(INCLUDING TRANSFER OF FUNDS)
The conference agreement provides $625,000,000, to remain
available until expended, for the Department of Health and
Human Services to prepare for and respond to an influenza
pandemic. The House bill included $969,650,000 and the Senate
amendment included $820,000,000 for this purpose. These funds
are intended to be used to purchase antivirals, establish high-
volume domestic surge capacity through vaccine purchases and
retrofitting of production facilities, and accelerate
development of cell-based vaccine capabilities as proposed by
the Administration.
The conference agreement includes bill language
provisions proposed by both the House and Senate giving the
Secretary various authorities to purchase goods for the
stockpile, enter into contracts for the construction or
renovation of privately owned facilities for the production of
pandemic vaccine or other biologicals, and to transfer funds to
other HHS accounts.
The conferees direct the Secretary to provide on a
monthly basis to the Committees on Appropriations of the House
of Representatives and the Senate a table identifying the
obligation, as well as any unobligated balances, of funds
received for pandemic influenza preparedness. The level of
detail provided in the report should be at the program level
identified in the table on the second page of the December 29,
2006, report to Congress on pandemic influenza preparedness
spending. This table should be in addition to the semi-annual
report to the House and Senate Committees on Appropriations
that identifies the disbursement of pandemic influenza
preparedness funds at the level of detail specified in the
statement of managers accompanying the conference report for
the Department of Defense, Emergency Supplemental
Appropriations to Address Hurricanes in the Gulf of Mexico, and
Pandemic Influenza Act, 2006.
COVERED COUNTERMEASURE PROCESS FUND
The conference agreement includes $25,000,000, to remain
available until expended, for the compensation fund established
by the Public Readiness and Emergency Preparedness (PREP) Act.
The House bill and the Senate amendment had proposed
$50,000,000 for this purpose.
GENERAL PROVISIONS--THIS CHAPTER
(INCLUDING RESCISSIONS)
Sec. 3401. (a) The conference agreement includes three
provisions rescinding unobligated balances from the Training
and Employment Services account under the Department of Labor:
$3,589,000 from the 2001 Emergency Supplemental Appropriations
Act for Recovery from and Response to Terrorist Attacks on the
United States (Public Law 107-38); $834,000 from the Emergency
Supplemental Appropriations Act of 1994 (Public Law 103-211);
and $71,000 from the Emergency Supplemental Act, 2002 (Public
Law 107-117). The Department of Labor has indicated that these
balances are no longer needed for their original purposes. The
Senate amendment included only the rescission of $3,589,000
from Public Law 107-38. The House bill did not contain any
rescissions of Training and Employment Services funds.
(b) The conference agreement rescinds $4,100,000 from
unobligated balances available from the State Unemployment
Insurance and Employment Service Operations account under the
Department of Labor pursuant to Emergency Supplemental Act,
2002 (Public Law 107-117). Neither the House bill nor the
Senate amendment included this rescission.
Sec. 3402. The conference agreement includes a provision
similar to one proposed by the Senate providing $8,594,000 for
Safe and Drug-Free Schools to address youth violence and
related issues in schools that are identified as persistently
dangerous under section 9532 of the Elementary and Secondary
Education Act of 1965. The House bill did not contain a similar
provision.
CHAPTER 5
LEGISLATIVE BRANCH
Architect of the Capitol
CAPITOL POWER PLANT
The conference agreement includes $50,000,000 to the
Architect of the Capitol for utility tunnel repairs and
asbestos abatement. The conferees agree to language 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, as proposed by the Senate.
This is the same amount as proposed by the House for asbestos
abatement and other improvements, instead of $25,000,000 as
proposed by the Senate for emergency utility tunnel repairs and
asbestos abatement. The conferees direct the Government
Accountability Office to assist the Committees on
Appropriations in their oversight of the project through
monitoring the Architect of the Capitol's strategic planning
and use of resources related to this project.
CHAPTER 6
DEPARTMENT OF VETERANS AFFAIRS
Veterans Benefits Administration
COMPENSATION AND PENSIONS
The conferees have not included funding in this account
for a pilot program of benefits medical examinations as
proposed by the House. The Senate bill contained no similar
provision. Instead, the conferees have included funding under
General Operating Expenses for authorized examinations to
assist in claims processing.
Veterans Health Administration
MEDICAL SERVICES
The conferees have agreed to provide $466,778,000 for
Medical Services, instead of $414,982,000 as proposed by the
House and $454,131,000 as proposed by the Senate. The
conference agreement includes $228,982,000 for treatment of
OIF/OEF veterans; $30,000,000 for at least one new Level I
polytrauma care center; $25,000,000 for prosthetics;
$100,000,000 for enhancement to mental health services;
$9,440,000 for the establishment of residential transitional
rehabilitation programs; $10,000,000 for additional caseworkers
to facilitate seamless transition; $20,000,000 for substance
abuse treatment programs; $20,000,000 for readjustment
counseling efforts; $10,000,000 for blind rehabilitation
services; $8,000,000 for polytrauma support clinic teams; and
$5,356,000 for additional polytrauma points of contact.
The conferees direct the Secretary to provide a report to
the Committees on Appropriations of the House of
Representatives and the Senate within 60 days of enactment of
this Act detailing the number of Level I polytrauma centers to
be opened and sites selected. The report should include an
analysis of projected demand in areas of the country where
Level I polytrauma centers are not readily accessible.
MEDICAL ADMINISTRATION
The conferees have agreed to provide $250,000,000 for
Medical Administration as proposed by the Senate instead of
$256,300,000 as proposed by the House.
MEDICAL FACILITIES
The conferees have agreed to provide $595,000,000 for
Medical Facilities as proposed by both the House and the
Senate. The amount provided includes $45,000,000 for facility
and equipment upgrades at existing polytrauma care centers. In
addition, $550,000,000 is provided for non-recurring
maintenance and is to be allocated in a manner not subject to
the Veterans Equitable Resource Allocation model.
The conferees have included language in the bill which
requires the Department to submit an expenditure plan within 30
days for the use of the non-recurring maintenance funding
appropriated. In addition, the Department is to provide semi-
annual updates on the expenditure of these funds.
MEDICAL AND PROSTHETIC RESEARCH
The conferees have agreed to provide $32,500,000 for
Medical and Prosthetic Research, instead of $35,000,000 as
proposed by the House and $30,000,000 as proposed by the
Senate.
Departmental Administration
GENERAL OPERATING EXPENSES
(INCLUDING TRANSFER OF FUNDS)
The conferees have agreed to provide $83,200,000 for
General Operating Expenses, instead of $62,000,000 as proposed
by the House and $46,000,000 as proposed by the Senate. The
amount provided includes $20,000,000 for disability medical
examinations. Additionally, $60,750,000 is to be used for the
expenses related to hiring and training additional disability
claims processors and $1,250,000 is to be for digitization of
military service records.
The conferees are concerned that effective management
structures and inter-agency coordination processes must be in
place to ensure that services of the Department of Veterans
Affairs are provided in a timely and efficient manner,
especially to returning OEF/OIF veterans. In particular, the
conferees are concerned about the bureaucratic process many
OEF/OIF veterans are encountering in transition from active
duty to veteran status. Therefore, the conferees have included
funding for the Secretary of Veterans Affairs to award a grant
or contract to the National Academy of Public Administration,
an independent, non-partisan organization, which was chartered
by Congress to assist Federal, State, and local governments in
improving their effectiveness, efficiency, and accountability.
Such grant or contract shall be to conduct a study of
Department management structures in place to provide health
care to veterans and active duty personnel of OEF/OIF, and
benefits to veterans of OEF/OIF. The study also should look at
the organization and management structure of the Department as
it relates to providing health care and benefits to the
approximately 7.9 million veterans currently enrolled in the
system. The conferees direct the Department to execute such
grant or contract no later than 30 days after enactment of this
Act.
INFORMATION TECHNOLOGY SYSTEMS
The conferees have agreed to provide $35,100,000 for
Information Technology Systems, instead of $35,000,000 as
proposed by the House and $36,100,000 as proposed by the
Senate. The amount provided includes $15,100,000 for electronic
data breach remediation and prevention as proposed by the
Senate. Also included in the bill is $20,000,000 for system
improvements for processing OIF/OEF veterans.
CONSTRUCTION, MAJOR PROJECTS
The conferees have included no funding for Construction,
Major Projects, as proposed by the Senate instead of
$23,800,000 as proposed by the House.
CONSTRUCTION, MINOR PROJECTS
The conferees have agreed to provide $326,000,000 for
Construction, Minor Projects, instead of $260,000,000 as
proposed by the House and $355,907,000 as proposed by the
Senate. Of the amount provided, up to $36,000,000 may be used
for construction of polytrauma residential transitional
rehabilitation facilities.
GENERAL PROVISIONS--THIS CHAPTER
The conferees have agreed to include a general provision
which directs the Congressional Budget Office to report on the
future funding projections for costs associated with providing
necessary health care to OIF/OEF veterans, as proposed by the
Senate.
The conferees have not included a general provision,
proposed by the Senate, which would direct the Department of
Veterans Affairs to contract with the National Academy of
Public Administration for a study of management practices. The
conferees have included similar language in the General
Operating Expenses paragraph of the bill.
The conferees have included a general provision which
permits the Secretary of Veterans Affairs to transfer
facilities to the State of Texas, as proposed by the Senate.
The conferees have included a modified general provision,
proposed by the Senate, which provides for contributions to the
Department of Defense/Department of Veterans Affairs Health
Care Sharing Incentive Fund to remain available until expended.
TITLE IV--OTHER MATTERS
CHAPTER 1
Department of Agriculture
FARM SERVICE AGENCY
SALARIES AND EXPENSES
The conference agreement provides $37,500,000 for
`Salaries and Expenses' of the Farm Service Agency instead of
$48,000,000 as proposed by the House and $75,000,000 as
proposed by the Senate.
The conference agreement includes language that these
funds shall only be used for network and database/application
stabilization to address immediate needs identified by the
Department. The conferees direct the Secretary to provide a
monthly update to the Committees on Appropriations of the House
of Representatives and the Senate on the progress of this
project, including usage of funds as proposed by the Senate.
The conferees note that the Farm Service Agency computer
system that is responsible for processing payments for all Farm
Bill programs administered by the Farm Service Agency has been
experiencing periodic shutdowns due to capacity overloads,
causing the efficiency of thousands of Farm Service Agency
county office employees to decrease dramatically. The conferees
are aware that a plan to upgrade this system is being developed
by USDA. The conferees direct the Secretary to submit to the
Committees on Appropriations of the House of Representatives
and the Senate, and the agriculture authorizing committees of
the House of Representatives and the Senate a report that has
been approved by the Office of Management and Budget and
reviewed by the Government Accountability Office. The report
shall include: (1) An enterprise architecture; (2) an
Information Technology Human Capital Plan; (3) a capital
investment plan for implementing the enterprise architecture;
(4) a description of the information technology capital
planning and investment control process; and (5) a spending
plan. The spending plan shall include each specific project
funded, key milestones, all funding sources for each project,
details of annual and lifecycle costs, and projected savings or
cost avoidance to be achieved by the project.
GENERAL PROVISIONS--THIS CHAPTER
Section 4101. The conference agreement includes language
regarding the Food and Drug Administration as proposed by the
House.
Sec. 4102. The conference agreement includes language to
prevent the Food Safety and Inspection Service (FSIS) from
implementing a risk-based inspection program in any location
until the USDA Office of the Inspector General (OIG) has
studied the program, including a review of the adequacy of the
FSIS plan for evaluating pilot projects, and reported its
findings to FSIS and the Committees on Appropriations of the
House of Representatives and the Senate; and FSIS has addressed
and resolved issues identified by the OIG.
The conferees emphasize that FSIS should continue other
activities related to the implementation of the program, such
as data collection and public meetings. The conferees recognize
that moving forward with the risk-based inspection program
without comprehensive and accurate scientific data to rank
product risk and an unbiased system for determining
establishment risk would have the potential of jeopardizing
public health.
The conference agreement does not include a rescission of
unobligated balances from the Trade Adjustment Assistance
program as proposed by the Senate.
The conference agreement does not include language
regarding the implementation of the Wetlands Reserve Program
and the Farmland Protection Program as proposed by the Senate.
The conference agreement does not include language
regarding the Rural Utilities Service Guaranteed Underwriting
Program as proposed by the Senate.
CHAPTER 2
GENERAL PROVISIONS--THIS CHAPTER
Section 4201. The Committee has included a provision
designating all Federal employees at the National Energy
Technology Laboratory as inherently governmental.
Sec. 4202. The Committee has included a provision related
to the Bonneville Power Administration.
CHAPTER 3
GENERAL PROVISIONS--THIS CHAPTER
Section 4301. The conference agreement modifies a
provision proposed by the House (section 4301) to amend section
102(a)(3)(B) of the Help America Vote Act of 2002 by striking
``January 1, 2006'' and inserting ``March 1, 2008''. The Senate
bill did not include similar language.
Sec. 4302. The conference agreement includes a provision
proposed by the Senate (section 3301) requiring the components
of the Office of National Drug Control Policy to remain as they
were on October 1, 2006, and requiring approval of the
Committees on Appropriations to implement a reorganization. The
House bill did not include similar language.
Sec. 4303. The conference agreement includes language
proposed by the Senate (section 3304) authorizing the National
Archives and Records Administration to spend fiscal year 2007
funds for activities of the Public Interest Declassification
Board. The House bill did not include similar language.
Sec. 4304. The conference agreement includes language
proposed by the Senate (section 3307) to provide flexibility to
reallocate $1,000,000 in fiscal year 2007 funds for the
District of Columbia Courts. The House bill did not include
similar language.
Sec. 4305. The conference agreement includes modified
language proposed by the Senate (section 3307) requiring that
the Treasury Department, in coordination with the Securities
and Exchange Commission and in consultation with the
Departments of State and Energy, prepare and submit a report,
with a classified annex as necessary, to Congress concerning
companies known to conduct business operations relating to
natural resource extraction in Sudan. The language further
directs the General Services Administration to notify Congress
of any existing Federal contracts with the identified
companies. The House bill did not include similar language.
Sec. 4306. The conference agreement modifies a provision
proposed by the Senate (section 3308) extending the
availability of $4,500,000 in fiscal year 2007 funding for the
General Services Administration, Office of Inspector General.
The House bill did not include similar language.
Sec. 4307. The conference agreement includes language
proposed by the Senate (section 3309) which allows the District
of Columbia to use funds made available for foster care
improvements according to a spending plan submitted to Congress
within 60 days. The House bill did not include similar
language.
The conference agreement does not include language
proposed as Senate section 3302 concerning funds made available
in section 21075 of the Continuing Appropriations Resolution,
2007.
The conference agreement does not include language
proposed as Senate section 3303 to make a technical correction
to a recipient of funds under section 613 of P.L. 109-108.
The conference agreement does not include language
proposed as Senate section 3305 to require the resubmission of
a fiscal year 2007 spending plan by the General Services
Administration within 7 days.
The conference agreement does not include language
proposed as Senate section 3310 to authorize a cost of living
adjustment for federal judges and justices for fiscal year
2007.
CHAPTER 4
Department of Homeland Security
GENERAL PROVISIONS--THIS CHAPTER
(INCLUDING RESCISSIONS OF FUNDS)
Section 4401.--The conferees modify a provision proposed
by the Senate to address a funding shortfall in the United
States Coast Guard ``Retired Pay'' appropriation. The House
bill contains no similar provision. The conferees note that
estimates for this appropriation have been woefully inaccurate
over the past several years and direct the Coast Guard to take
immediate action to improve the quality and reliability of the
data used in its estimates. Within 45 days after the date of
enactment of this Act, the Coast Guard shall submit a report on
steps being taken to improve the accuracy of its estimates for
the ``Retired Pay'' appropriation. In addition, the conferees
direct the Coast Guard to submit quarterly information to the
Committees on Appropriations on the use of unobligated balances
made available by this Act to address the projected shortfall
in this appropriation, as well as updated estimates for fiscal
year 2008.
Sec. 4402.--The conferees modify provisions proposed by
the House and Senate regarding Coast Guard contracting and the
Integrated Deepwater Systems program.
Sec. 4403.--The conferees include a provision proposed by
the Senate regarding Coast Guard's Civil Engineering Program.
The House bill contains no similar provision.
Sec. 4404.--The conferees modify a provision proposed by
the House and rescind $30,900,000 from unobligated balances
made available pursuant to section 505 of Public Law 109-90.
The House bill rescinds $89,800,000. The Senate bill contains
no similar provision. The conferees note the Department's poor
planning and slow use of funds available pursuant to section
505. In addition, to address an urgent operational need, the
conferees provide $30,000,000 for Coast Guard ``Acquisition,
Construction, and Improvements'' to help mitigate the patrol
boat operational gap. No additional appropriation was included
in either the House or Senate bills. The Coast Guard is
currently operating 25,000 hours, or twenty-five percent, short
of its needed patrol boat mission hours. This ``gap'' means
that undocumented migrants, drugs, and other unlawful activity
are less likely to be intercepted by the Coast Guard. Funding
provided in this section is to be used to acquire four new
Coastal Patrol Boats, as was requested by the Department of
Homeland Security via official correspondence on March 11,
2007. This includes the production, warranty, training, spares,
outfitting and project management costs for all four patrol
boats. The Coast Guard has indicated these new Coastal Patrol
Boats will partially relieve the burden on existing 110, patrol
boats until a replacement patrol boat can be placed in service.
Currently, Florida-based 110, patrol boats average more than
5,500 mission hours annually which can be performed by the
smaller 87, Coastal Patrol Boats operating out of the three
primary Florida ports of Tampa, Miami and Key West. This will
allow the 110, patrol boats currently operating in these areas
to be utilized farther south where undocumented migrant traffic
and drug smuggling are more prevalent. In addition, the
conferees provide $900,000 for the Under Secretary for
Management to award a grant or contract to the National Academy
of Public Administration to compare the Department of Homeland
Security's reported senior career and political staffing levels
and senior career training programs with those of similarly
structured cabinet-level agencies.
Sec. 4405.--The conferees include a provision proposed by
the House regarding limitations on lead system integrators. The
Senate bill contains no similar provision.
The conferees do not include a provision proposed by the
House regarding Border Patrol checkpoints. The Senate bill
includes no similar provision.
CHAPTER 5
GENERAL PROVISIONS--THIS CHAPTER
Section 4501 includes a technical correction to the
Bureau of Indian Affairs language in P.L. 110-5 as recommended
by the Senate in Title III, section 3501 so the Bureau may pay
certain contract support costs. The House had a similar
provision in section 4502.
Sec. 4502 includes a technical correction to P.L. 110-5
as recommended by the Senate in Title III, section 3502, to
allow the Indian Health Service to pay certain contract support
costs and transfer $7,300,000 from ``Services'' to
``Facilities''. The House had a similar provision in section
4503.
Sec. 4503 provides a technical correction to P.L. 110-5
designating the funding level for the Save America's Treasures
program of the National Park Service, Historic Preservation
Fund which was recommended by both the House and the Senate.
Sec. 4504 modifies a provision recommended by the Senate
in Title III, section 3504 that allows the Fish and Wildlife
Service to use land acquisition funds for land conservation
partnerships authorized by the Highlands Conservation Act of
2004. The House had no similar provision.
The conference agreement does not include the proposal in
Senate Title II, Chapter 6, section 2601 to reauthorize the
Secure Rural Schools and Community Self-Determination Act of
2000. The conference agreement deals with this issue in Title
III.
The conference agreement does not include Senate
recommended sections 3505, regarding the Water Environment
Research Foundation, and 3506 related to EPA grant funding.
CHAPTER 6
Department of Health and Human Services
National Institutes of Health
National Institute of Allergy and Infectious Diseases
(TRANSFER OF FUNDS)
The conference agreement includes language proposed by
the House transferring $49,500,000 from the National Institutes
of Health, National Institute of Allergy and Infectious
Diseases, to the Office of the Secretary, Public Health and
Social Services Emergency Fund, to support advanced research
and development of biodefense countermeasures. This work is to
be conducted by the Assistant Secretary for Preparedness and
Response, consistent with the authority provided in the
Pandemic and All-Hazards Preparedness Act. The Senate amendment
included similar language.
Office of the Director
(TRANSFER OF FUNDS)
In addition to the funds transferred above, the
conference agreement includes language which transfers
$49,500,000 from the National Institutes of Health, Office of
the Director, to the Office of the Secretary, Public Health and
Social Services Emergency Fund. These funds would further
increase funding for advanced research and development of
biodefense countermeasures, consistent with the authority
provided in the Pandemic and All-Hazards Preparedness Act.
Neither the House bill nor Senate amendment included this
component of the advanced development transfer.
National Council on Disability
SALARIES AND EXPENSES
The conference agreement includes $300,000, to remain
available until expended, for expenses related to meeting the
requirements of the Post-Katrina Emergency Management Reform
Act, pertaining to emergency preparedness planning to address
the needs of individuals with disabilities. Neither the House
bill nor the Senate amendment included this provision.
GENERAL PROVISIONS--THIS CHAPTER
(INCLUDING TRANSFERS OF FUNDS AND RESCISSION)
Section 4601. The conference agreement includes language
authorizing the transfer of $7,000,000 from the Pension Benefit
Guaranty Corporation to the Employee Benefits Security
Administration (EBSA) for the development of the EFAST2
electronic Form 5500 filing system, as proposed by both the
House bill and Senate amendment. These funds, together with not
less than $5,000,000 available from the fiscal year 2007
appropriation for the EBSA, shall be available for obligation
for the EFAST2 system until September 30, 2008. The House bill
required that $7,500,000 from EBSA's fiscal year 2007
appropriation be used for the EFAST2 system and allowed the
funds to be available for obligation for two years, while the
Senate amendment proposed funding of not less than $5,000,000,
without extended availability.
The conferees expect EBSA to contribute an additional
amount of $2,500,000 from its fiscal years 2007 and 2008
appropriations for this system, generated by one-time cost
savings proposed in the last two years' budget requests. The
conferees also expect EBSA to minimize any potential negative
impact of the project's financing on enforcement activities,
and compliance outreach and education programs. The conferees
request a briefing on EBSA's plans for the EFAST2 system prior
to the announcement of the availability of funds for its
development.
Sec. 4602. The conference agreement includes a provision
amending the Continuing Appropriations Resolution, 2007 that
designates $9,666,000 for the Women's Bureau within the
appropriation for ``Departmental Management, Salaries and
Expenses'' under the Department of Labor. Neither the House
bill nor the Senate amendment included this provision.
The conferees are concerned that the progress being made
by International Labor Organization's International Program to
Eliminate Child Labor (IPEC), which is aimed at eradicating the
most abusive forms of child labor could be jeopardized by the
Department of Labor's plans not to make the United States
contribution to this program for FY 2007. Last May the ILO
reported that the number of exploited children fell by 11
percent between 2000 and 2004, and that the organization
believes that if the current pace of decline were to be
sustained, the global commitment to stop child labor could
feasibly eliminate most of the worst forms of this practice
within 10 years. This is a longstanding program with a unique
approach that relies on the obligations of ILO Member States
under the requirements of ILO Convention 182 on the Worst Forms
of Child Labor. The conferees are concerned that if the United
States--the largest contributor--pulls its funding commitment
to this program, that action would set back the global
partnership and have real consequences in specific countries
where IPEC projects are underway.
The conferees believe the Department has the flexibility
to continue this program under its own procurement guidelines.
The conferees expect that any alternative approach should yield
equal or better results. Therefore, the conferees direct the
Department to submit a report to the Committees on
Appropriations of the Senate and the House of Representatives
that justifies any proposed approach for the use of these funds
by providing information to demonstrate that the alternative
approach will be as effective as the IPEC tripartite program
before any of these funds are obligated to alternative
entities.
Sec. 4603. The conference agreement includes a provision
that designates $23,000,000 for poison control centers within
the appropriation for ``Health Resources and Services'' under
the Department of Health and Human Services. Neither the House
bill nor the Senate amendment included this provision. The
conferees direct HRSA to submit a revised operating plan within
fifteen days of enactment of this Act to the Committees on
Appropriations of the House of Representatives and the Senate
with respect to any changes to that plan that result from this
provision.
Sec. 4604. The conference agreement rescinds $1,000,000
from the Office of the Secretary in the Department of Health
and Human Services as proposed by the Senate and deletes a
Senate provision pertaining to Public Law 108-406. The House
bill did not include these provisions.
The conferees are concerned about delays in receiving
technical assistance from the Department of Health and Human
Services. There have been several instances in which the
Department has not responded to Committee requests for
information in a prompt, timely fashion. In addition, after
repeated complaints, communications between the Department and
the Committee staff continue to be a major problem. The
conferees direct the Department to expedite future information
requests through the Office of Resources and Technology and
request that the Office of Legislative Affairs and the Office
of Resources and Technology coordinate their efforts to keep
Committee staff fully informed on matters concerning the
Committee.
Sec. 4607. The conference agreement includes bill
language permitting the Chief Executive Officer of the
Corporation for National and Community Service (CNCS) to
transfer not more than $1,360,000 from ``National and Community
Services Programs, Operating Expenses'' to CNCS ``Salaries and
Expenses'' as proposed by the Senate. The House bill did not
include a similar provision.
The conferees direct that this funding be taken from the
Innovations, Assistance, and Other Activities budget line to
complete the Service Center Consolidation Plan rather than the
National Service Trust.
Sec. 4608. The conference agreement includes a provision
proposed by the Senate modifying section 1310.12(a) of title 45
of the Code of Federal Regulations with respect to Head Start
transportation vehicles. The conferees expect that the ultimate
regulation governing the safety of Head Start transit vehicles
will be consistent with the National Highway Traffic Safety
Administration study on occupant protection on Head Start
Transit vehicles. The conferees intend the interim rule to be
in effect only until the Department has reviewed such study and
has made any necessary revisions to be consistent with the
study outcomes.
The conference agreement does not include language
proposed by the Senate which would have created exceptions for
two hospitals in Minnesota and Mississippi so that they could
be certified as Medicare critical access hospitals. The House
bill contained no similar provision.
The conference agreement does not include a provision
proposed by the Senate rescinding $2,000,000 from student aid
administration in the Department of Education and providing
$2,000,000 for a grant to the University of Vermont or the
provision also proposed by the Senate repealing the former
provision. The House bill did not include similar provisions.
The conference agreement does not include a provision
proposed by the Senate to create an authorization of
appropriations for a grant to the Delta Health Alliance. The
House bill did not contain a similar provision.
The conference agreement does not include a provision
proposed by the House extending the availability of a portion
of funds previously appropriated for veterans employment and
training activities with the Department of Labor. The Senate
amendment did not include this provision. The conferees agree
that the House provision is not needed because the Department
already has the authority to incur obligations for this program
through December 31, 2007.
CHAPTER 7
LEGISLATIVE BRANCH
HOUSE OF REPRESENTATIVES
PAYMENT TO WIDOWS AND HEIRS OF DECEASED MEMBERS OF CONGRESS
The conference agreement provides $165,200 for payment to
Gloria W. Norwood, widow of Charles W. Norwood, late a
Representative from the State of Georgia, as proposed by the
House. Inasmuch as this item relates solely to the House, the
managers on the part of the Senate, at the request of the
managers on the part of the House, have receded to the
amendment of the House.
CHAPTER 8
DEPARTMENT OF STATE
International Commissions
INTERNATIONAL BOUNDARY AND WATER COMMISSION,
UNITED STATES AND MEXICO
CONSTRUCTION
The conference agreement does not include an
appropriation to augment funding in fiscal year 2007 for the
Rio Grande Flood Control System Rehabilitation project, as
proposed by the House. The Senate included no similar
provision.
GENERAL PROVISIONS--THIS CHAPTER
The conference agreement does not include a provision
proposed by the Senate (sec. 3901) concerning the United
States-China Economic and Security Review Commission. The House
bill included no similar provision.
Sec. 4801. Technical Amendment--The conference agreement
includes a provision clarifying the availability of certain
funds in fiscal year 2007, making a technical change to the
composition of the Board of the Middle East Foundation and
clarifying the availability of funding in fiscal year 2007 for
the Foreign Military Financing Program, as proposed by the
Senate. The House bill included the same provision regarding
the Middle East Foundation.
Sec. 4802. Funding Limitation--The conference agreement
includes a provision proposed by the House (sec. 4802)
concerning the modification of funding limitations on the
Department of State's Bureau of Legislative Affairs for fiscal
year 2007. The Senate bill included no similar provision.
The conferees direct that funding for the Bureau not
exceed $11,383,000, the amount requested in the fiscal year
2007 budget.
CHAPTER 9
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
Office of Federal Housing Enterprise Oversight
SALARIES AND EXPENSES
(INCLUDING TRANSFER OF FUNDS)
The conference agreement provides $6,150,000 for the
Office of Federal Housing Enterprise Oversight instead of
$7,568,000 as proposed by the House and $4,800,000 as proposed
by the Senate. The conference agreement includes language as
proposed by the Senate that reduces this appropriation to zero
dollars through offsetting collections.
GENERAL PROVISIONS--THIS CHAPTER
The conference agreement includes a general provision
proposed by the Senate regarding a pilot program on cross-
border trucking between the United States and Mexico. The House
did not include a similar provision.
The conference agreement modifies a general provision
proposed by the House that allows funds provided in fiscal year
2007 for the National Transportation Safety Board to be used to
make capital lease payments due in fiscal year 2007. The Senate
did not include a similar provision.
The conference agreement includes a general provision
proposed by both the House and the Senate to clarify the fiscal
year 2007 levels of funding for the Tenant-Based Rental
Assistance account.
The conference agreement includes a general provision
proposed by the House to allow housing projects subsidized with
project-based certificates to be renewed under the Project-
Based Rental Assistance program. The Senate did not include a
similar provision.
The conference agreement does not include a provision
proposed by the House making a technical change to a proviso
regarding the ``Moving to Work'' program.
The conference agreement does not include a provision
proposed by the Senate regarding asset-based management because
the Department of Housing and Urban Development has
administratively changed the compliance date to October 1,
2007.
TITLE V
Agricultural Assistance
The conferees direct the Secretary to adhere to all
existing federal statutes, program regulations, executive
orders and program guidance or directives to ensure that
compensation is provided only where appropriate and allowed
under such reglations, orders or guidance and that the
integrity of the program is maintained without exception.
Section. 5101. The conference agreement includes language
regarding Crop Disaster Assistance providing financial
assistance to producers on a farm who incurred qualifying
quantity or quality losses for a 2005, 2006 or 2007 crop before
February 28, 2007 due to damaging weather or any related
condition.
The conference agreement does not include a separate
provision for sugar beet and sugar cane disaster assistance as
proposed by the Senate. Qualifying losses are covered under the
Crop Disaster Assistance provision.
Sec. 5102. The conference agreement includes language
providing financial assistance through the Livestock
Compensation Program and the Livestock Indemnity Program for
livestock losses and livestock indemnity payments to producers
on farms that have incurred livestock losses between January 1,
2005 and February 28, 2007.
Sec. 5103. The conference agreement provides $20,000,000
for the Emergency Conservation Program as proposed by the House
instead of $35,000,000 as proposed by the Senate.
The conference agreement does not include a separate
provision for the tree assistance program as proposed by the
Senate. Qualifying losses are covered under the Emergency
Conservation Program provision.
Sec. 5104. The conference agreement includes language
regarding payment limitations.
Sec. 5105. The conference agreement includes provisions
regarding the administration of the foregoing sections.
Sec. 5106. The conference agreement includes language
regarding the National Dairy Market Loss Payment program.
Sec. 5107. The conference agreement provides $20,000,000
instead of $95,000,000 as proposed by the Senate for payments
to dairy producers for losses in counties designated as
disaster areas.
Sec. 5108. The conference agreement includes language to
clarify the use of claims adjustors.
Sec. 5109. The conference agreement does not provide
funding for the Small Business Economic Loss Grant Program.
Instead, the conference agreement provides $21,000,000 to carry
out activities authorized under section 2281 of the Food,
Agriculture, Conservation and Trade Act of 1990 (42 U.S.C.
5177a) to provide emergency grants to assist low-income migrant
and seasonal farmworkers. The conferees are aware that storms
and other natural disasters have caused serious disruption to
local economies and individuals who are involved in agriculture
but will not otherwise qualify for assistance under this title.
Sec. 5110. The conference agreement includes language
regarding the Conservation Security Program as proposed by the
Senate. In fiscal year 2007, producers hold previously executed
contracts with the Department of Agriculture on which they have
relied for undertaking various conservation measures. As a
consequence of current federal funding levels, many producers
will be unable this fiscal year to recover costs already
incurred that are associated with their contract performance.
The conference agreement will allow the Department of
Agriculture to meet the intended outcome of contracts executed
between the Department and the affected producers, and to take
other measures as appropriate under existing authorities.
Sec. 5111. The conference agreement provides $30,000,000,
as proposed by the Senate, to cover necessary costs related to
the administration of programs, of which $8,500,000, as
identified by the Farm Service Agency, is for information
technology upgrades to assist in carrying out the agricultural
disaster assistance provisions of this title.
Sec. 5112. The conference agreement includes language to
clarify participation in a crop insurance pilot program.
The conference agreement does not provide funding for
fresh spinach growers and first handlers as proposed by the
House.
The conference agreement does not include language
regarding payments to fresh spinach growers and first handlers
as proposed by the Senate.
The conference agreement does not provide funding for the
peanut storage costs program as proposed by the House.
The conference agreement does not provide funding for
aquaculture losses as proposed by the House.
The conference agreement does not provide funding for
flooded crop and grazing land as proposed by the Senate.
The conference agreement does not provide funding for
insect infestations as proposed by the Senate.
TITLE VI
Elimination of SCHIP Shortfall and Other Matters
Department of Health and Human Services
CENTERS FOR MEDICARE AND MEDICAID SERVICES
STATE CHILDREN'S HEALTH INSURANCE FUND
The conference agreement includes an appropriation of
$650,000,000 to eliminate anticipated State Children's Health
Insurance Program (SCHIP) funding shortfalls for fiscal year
2007 for 14 States. The House bill provided $750,000,000; the
Senate amendment included an appropriation of such sums as
necessary.
Sec. 6001. The conference agreement includes language
similar to provisions in both the House bill and Senate
amendment which amend the authorizing law to describe the
States considered to be in shortfall.
Sec. 6002. The conference agreement includes language
which prohibits the Secretary of the Department of Health and
Human Services from taking action in the next year to finalize
or otherwise implement a proposed regulation affecting the
Medicaid program or any regulation restricting payments for
graduate medical education under the Medicaid progam. The
Senate amendment had similar language prohibiting
implementation of the rules for two years. The House bill did
not contain a similar provision.
The bill includes a provision to offset the estimated
cost of blocking the Medicaid rules in this section. This
provision: (1) requires States, as a condition of receiving
Federal matching funds in Medicaid, to require all providers to
use tamper-proof prescription drug pads when writing
prescriptions for Medicaid beneficiaries; and (2) extends
certain Pharmacy Plus waivers under the Medicaid program. The
Senate amendment contained a different offset, which increased
the required rebate for drugs sold through the Medicaid
program. The House bill contained no similar provision.
TITLE VII
Fair Minimum Wage and Tax Relief
SUBTITLE A--FAIR MINIMUM WAGE
The conference agreement includes provisions to increase
the Federal minimum wage in the United States to $7.25 an hour
over two years as proposed by both the House and the Senate.
The conference agreement also provides for Federal minimum wage
increases of $0.50 per hour, beginning 60 days after enactment,
and annually thereafter, in the Commonwealth of the Northern
Mariana Islands and American Samoa, until their minimum wage
reaches that of the United States. In addition, the agreement
requires that the Department of Labor, through the Bureau of
Labor Statistics, transmit a report to Congress assessing the
impact of wage increases in the Commonwealth of the Northern
Mariana Islands and American Samoa not later than 32 months
after enactment.
The House bill included a phased increase of $0.50 upon
enactment, and $1.00 annually thereafter, in the Federal
minimum wage for both the Commonwealth of the Northern Mariana
Islands and American Samoa until their minimum wage reaches
that of the United States, while the Senate amendment provided
a phased increase of $0.50 upon enactment, and $1.00 annually
thereafter, in the Federal minimum wage for the Commonwealth of
the Northern Mariana Islands, but no increase in American
Samoa.
SUBTITLE B--SMALL BUSINESS INCENTIVES
The conference agreement modifies small business and work
opportunity provisions in the Senate amendment that provide
enhanced compliance assistance for small businesses, authorize
a program for small business child care grants at the
Department of Health and Human Services, require a study on
certain aspects of the Earned Income Tax Credit, authorize
renewal grants for women's business centers, and require a
report under the Buy American Act. The House bill did not
contain similar provisions.
SUBTITLE C
SMALL BUSINESS TAX INCENTIVES
The conference agreement modifies provisions in the House
bill and Senate amendment regarding small business incentives.
The conference agreement extends the Work Opportunity Tax
Credit (``WOTC'') through August 31, 2011, later than the House
proposed but sooner than the Senate proposed. The conference
agreement expands WOTC to include more veterans with service-
connected disabilities, ``high risk youth,'' and employees in
``outward migration counties.'' The House and the Senate had
proposed various enhancements.
The conference agreement enhances the tip credit for
certain small businesses by freezing the minimum wage level for
purposes of calculating the credit. The House had similar
language, but the Senate did not.
The conference agreement permanently waives both
individual and corporate alternative minimum tax limitations on
WOTC and tip credits. The House had similar language, but the
Senate did not.
The conference agreement extends small business expensing
under section 179 through 2010 and increases the expensing
limit from the current $112,000 to $125,000, as the House had
proposed. The Senate had similar language.
The conference agreement extends and expands several tax
provisions affecting Gulf Opportunity Zones affected by
hurricanes Katrina, Rita and Wilma. The agreement modifies
language proposed by the Senate. The House did not include
similar language.
The conference agreement makes several changes to the
treatment of Subchapter S corporations. The Senate had proposed
similar language. The House did not include similar language.
The conference agreement raises the age of children whose
unearned income is taxed as their parents' income. The House
and Senate both had similar language.
The conference agreement modifies IRC section 6404(g)
which provides for suspension of interest and certain
penalties, from the current 18 months after filing to 36
months. The House had proposed 22 months and the Senate had
proposed repeal of suspensions.
The conference agreement increases the penalty for bad
checks and money orders, creates a new penalty on claims for
refunds filed without any reasonable basis, and expands the
penalties on tax return preparers. Both House and Senate
proposed similar language.
The conference agreement increases the estimated tax
payments due July through September, 2012 for corporations with
assets in excess of $l billion. The House had similar language,
but the Senate did not.
CONTRACTING REFORM
The conference agreement does not include language
proposed by the House (as title V of the House bill) relating
to federal contracting reform.
NOTIFICATION OF EMERGENCY LEGISLATION
The congressional budget resolution (H. Con. Res. 95)
agreed to by Congress for fiscal year 2006, and both the House
and Senate versions of the congressional budget resolution for
fiscal year 2007 include provisions relating to the
notification of emergency spending. These provisions require a
statement of how the emergency provisions contained in the
conference agreement meet the criteria for emergency spending
as identified in the budget resolution.
The conference agreement contains emergency funding for
fiscal year 2007 for the global war on terror, hurricane
recovery in the gulf coast region, emerging threats to homeland
security, pandemic influenza prevention, unmet veterans'
healthcare needs, and agriculture disaster relief. The funding
is related to unanticipated needs and is for situations that
are sudden, urgent, and unforeseen, specifically the global war
on terror and the hurricanes of 2005. These needs meet the
criteria for emergencies.
EARMARKS
Pursuant to clause 9 of rule XXI of the Rules of the
House of Representatives, this conference report contains no
congressional earmarks, limited tax benefits, or limited tariff
benefits as defined in clause 9(d), 9(e), or 9(f) of rule XXI.
Conference Total--With Comparisons
The total new budget (obligational) authority for the
fiscal year 2007 recommended by the Committee of Conference,
comparisons to the 2007 budget estimates, and the House and
Senate bills for 2007 follow:
(In thousands of dollars)
Budget estimates of new (obligational) authority, fiscal
year 2007........................................... 103,015,427
House bill, fiscal year 2007............................ 124,315,636
Senate bill, fiscal year 2007........................... 122,807,084
Conference agreement, fiscal year 2007.................. 124,173,007
Conference agreement compared with:
Budget estimates of new (obligational) authority,
fiscal year 2007.................................. +21,157,580
House bill, fiscal year 2007........................ -142,629
Senate bill, fiscal year 2007....................... +1,365,923
David R. Obey,
Rosa L. DeLauro,
John P. Murtha,
Peter J. Visclosky,
Nita Lowey,
Carolyn Kilpatrick,
Norman D. Dicks,
Chet Edwards,
Alan B. Mollohan,
John Olver,
Jose E. Serrano,
Debbie Wasserman Schultz,
James E. Clyburn,
Managers on the Part of the House.
Robert C. Byrd,
Daniel K. Inouye,
Patrick J. Leahy,
Tom Harkin,
Barbara A. Mikulski,
Herb Kohl,
Patty Murray,
Byron L. Dorgan,
Dianne Feinstein,
Richard J. Durbin,
Tim Johnson,
Mary L. Landrieu,
Jack Reed,
Frank R. Lautenberg,
Ben Nelson,
Managers on the Part of the Senate.
