HR 1591 RH

Union Calendar No. 31

110th CONGRESS

1st Session

H. R. 1591

[Report No. 110-60]

Making emergency supplemental appropriations for the fiscal year ending September 30, 2007, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

March 20, 2007

Mr. OBEY, from the Committee on Appropriations, reported the following bill; which was committed to the Committee of the Whole House on the State of the Union and ordered to be printed

A BILL

Making emergency supplemental appropriations for the fiscal year ending September 30, 2007, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

TITLE I--SUPPLEMENTAL APPROPRIATIONS FOR THE GLOBAL WAR ON TERROR

CHAPTER 1 DEPARTMENT OF AGRICULTURE

FOREIGN AGRICULTURAL SERVICE

Public Law 480 Title II Grants

Provided,

CHAPTER 2 DEPARTMENT OF JUSTICE

Legal Activities

SALARIES AND EXPENSES, GENERAL LEGAL ACTIVITIES

Provided,

SALARIES AND EXPENSES, UNITED STATES ATTORNEYS

Provided,

United States Marshals Service

SALARIES AND EXPENSES

Provided,

National Security Division

SALARIES AND EXPENSES

Provided,

Federal Bureau of Investigation

SALARIES AND EXPENSES

Provided,

Drug Enforcement Administration

SALARIES AND EXPENSES

Provided,

Bureau of Alcohol, Tobacco, Firearms and Explosives

SALARIES AND EXPENSES

Provided,

Federal Prison System

SALARIES AND EXPENSES

Provided,

CHAPTER 3 DEPARTMENT OF DEFENSE--MILITARY

MILITARY PERSONNEL

Military Personnel, Army

Provided,

Military Personnel, Navy

Provided,

Military Personnel, Marine Corps

Provided,

Military Personnel, Air Force

Provided,

Reserve Personnel, Army

Provided,

Reserve Personnel, Navy

Provided,

Reserve Personnel, Marine Corps

Provided,

Reserve Personnel, Air Force

Provided,

National Guard Personnel, Army

Provided,

National Guard Personnel, Air Force

Provided,

OPERATION AND MAINTENANCE

Operation and Maintenance, Army

Provided,

Operation and Maintenance, Navy

(INCLUDING TRANSFER OF FUNDS)

Provided,

Operation and Maintenance, Marine Corps

Provided,

Operation and Maintenance, Air Force

Provided,

Operation and Maintenance, Defense-Wide

Provided,

Provided further,

Operation and Maintenance, Army Reserve

Provided,

Operation and Maintenance, Navy Reserve

Provided,

Operation and Maintenance, Marine Corps Reserve

Provided,

Operation and Maintenance, Air Force Reserve

Provided,

Operation and Maintenance, Army National Guard

Provided,

Operation and Maintenance, Air National Guard

Provided,

Afghanistan Security Forces Fund

Provided,

Iraq Security Forces Fund

Provided,

Iraq Freedom Fund

(INCLUDING TRANSFER OF FUNDS)

Provided,

Joint Improvised Explosive Device Defeat Fund

Provided,

Strategic Reserve Readiness Fund

(INCLUDING TRANSFER OF FUNDS)

Provided,

Provided further,

PROCUREMENT

Aircraft Procurement, Army

Provided,

Missile Procurement, Army

Provided,

Procurement of Weapons and Tracked Combat Vehicles, Army

Provided,

Procurement of Ammunition, Army

Provided,

Other Procurement, Army

Provided,

Aircraft Procurement, Navy

Provided,

Weapons Procurement, Navy

Provided,

Procurement of Ammunition, Navy and Marine Corps

Provided,

Other Procurement, Navy

Provided,

Procurement, Marine Corps

Provided,

Aircraft Procurement, Air Force

Provided,

Missile Procurement, Air Force

Provided,

Procurement of Ammunition, Air Force

Provided,

Other Procurement, Air Force

Provided,

Procurement, Defense-Wide

Provided,

RESEARCH, DEVELOPMENT, TEST AND EVALUATION

Research, Development, Test and Evaluation, Army

Provided,

Research, Development, Test and Evaluation, Navy

Provided,

Research, Development, Test and Evaluation, Air Force

Provided,

Research, Development, Test and Evaluation, Defense-Wide

Provided,

REVOLVING AND MANAGEMENT FUNDS

Defense Working Capital Funds

Provided,

National Defense Sealift Fund

Provided,

OTHER DEPARTMENT OF DEFENSE PROGRAMS

Defense Health Program

Provided,

Drug Interdiction and Counter-Drug Activities, Defense

Provided,

RELATED AGENCIES

Intelligence Community Management Account

Provided,

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)

Provided,

Provided further,

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)

Provided,

Provided further,

Provided,

(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 $456,000,000 may be used, notwithstanding any other provision of law, to fund the Commander's 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).

Provided,

SEC. 1309. Section 9010 of division A of Public Law 109-289 is amended by striking `2007' each place it appears and inserting `2008'.

SEC. 1310. Section 1005(c)(2) of the National Defense Authorization Act, FY 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.

(TRANSFER OF FUNDS)

Provided,

(b) The transfer authority in this section is in addition to any other transfer authority available to the Department of Defense.

(c) The Secretary shall, not fewer than five days prior to making transfers under this authority, notify the congressional defense committees in writing of the details of such transfer.

SEC. 1313. 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;

(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); and

(4) The limitation included in this section also applies to renditions.

SEC. 1314. (a) Not more than 50 percent of the amount of the funds appropriated by this Act under each of the headings `Iraq Security Forces Fund' and `Afghanistan Security Forces Fund' shall be available for obligation or expenditure until the Secretary of Defense submits the initial report required by subsection (b) and the Director of the Office of Management and Budget submits the initial report required by subsection (c).

(b) Report by Secretary of Defense-

(1) 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 on a monthly basis until October 1, 2008. The report and updates of the report required by this subsection shall be submitted in classified form.

(2) In this subsection, the term `congressional defense committees' means the Committees on Appropriations and Armed Services of the House of Representatives and the Committees on Appropriations and Armed Services of the Senate.

(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; the Commander, Combined Security Transition Command--Afghanistan; and the Committees on Appropriations of the House of Representatives and the Senate, shall submit to the Committees on Appropriations not later than 60 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.

(d) NOTIFICATION- The Secretary of Defense shall notify the Committees on Appropriations of the House of Representatives and the Senate 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. 1315. 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, FY 2007 (Public Law 109-364).

Provided,

Provided further,

Provided,

Provided further,

SEC. 1317. 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. 1318. Section 9007 of division A of Public Law 109-289 is amended by striking `20' and inserting `170'.

SEC. 1319. Section 1403(a) of the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001 (as enacted into law by Public Law 106-398), as amended by section 1052 of the National Defense Authorization Act for Fiscal Year 2006 (Public Law 109-163) and section 1073 of the John Warner National Defense Authorization Act for Fiscal Year 2007 (Public Law 109-364), is amended by striking `September 30, 2007' and inserting `June 30, 2008'.

SEC. 1320. There is appropriated to the Secretary of Defense such sums as may be necessary to implement the recommendations of the Army Inspector General with regard to trained military attorneys dedicated to representing soldiers who are pursuing claims before physical evaluation boards and earlier in the Army disability evaluation system process.

CHAPTER 4 DEPARTMENT OF ENERGY

ATOMIC ENERGY DEFENSE ACTIVITIES

National Nuclear Security Administration

Defense Nuclear Nonproliferation

Provided,

CHAPTER 5 DEPARTMENT OF HOMELAND SECURITY

Departmental Management and Operations

ANALYSIS AND OPERATIONS

Provided,

Customs and Border Protection

SALARIES AND EXPENSES

(INCLUDING TRANSFER OF FUNDS)

Provided,

Provided further,

AIR AND MARINE INTERDICTION, OPERATIONS,

MAINTENANCE, AND PROCUREMENT

Provided,

Transportation Security Administration

AVIATION SECURITY

Provided,

Provided further,

National Protection and Programs

INFRASTRUCTURE PROTECTION AND INFORMATION SECURITY

Provided,

Federal Emergency Management Agency

SALARIES AND EXPENSES

Provided,

STATE AND LOCAL PROGRAMS

Provided,

EMERGENCY MANAGEMENT PERFORMANCE GRANTS

Provided,

Domestic Nuclear Detection Office

SYSTEMS ACQUISITION

Provided,

GENERAL PROVISIONS--THIS CHAPTER

SEC. 1501. (a) Limitation on Use of Funds-

(1) IN GENERAL- None of the funds made available in this or any other Act shall be used by the Secretary of Homeland Security to approve a site security plan for a chemical facility, unless the facility meets or exceeds security standards or requirements established for such a facility by the State or local government for the area where the facility is located.

(2) DEFINITIONS- In this subsection, each of the terms `site security plan' and `chemical facility' has the meaning that the term has in section 550 of the Department of Homeland Security Appropriations Act, 2007 (Public Law 109-295; 120 Stat. 1388).

(b) AMENDMENTS- Section 550 of the Department of Homeland Security Appropriations Act, 2007 (Public Law 109-295; 120 Stat. 1388) is amended--

(1) in subsection (a), by striking `the Secretary may not disapprove a site security plan submitted under this section based on the presence or absence of a particular security measure, but';

(2) in subsection (c), by striking `consistent with similar' and inserting `identical to the protections given';

(3) 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)'; and

Provided,

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

Provided,

CHAPTER 7 DEPARTMENT OF DEFENSE

Military Construction, Army

Provided,

Provided further,

Military Construction, Navy and Marine Corps

Provided,

Provided further,

Military Construction, Air Force

Provided,

Provided further,

Department of Defense Base Closure Account 2005

Provided,

Provided further,

DEPARTMENT OF VETERANS AFFAIRS

Veterans Benefits Administration

COMPENSATION AND PENSIONS

For an additional amount for `Compensation and Pensions', $20,000,000, to remain available until expended, for a pilot program for disability examinations as authorized by law (38 U.S.C. 5101 note).

Veterans Health Administration

MEDICAL SERVICES

Provided,

MEDICAL ADMINISTRATION

Provided,

MEDICAL FACILITIES

Provided,

MEDICAL AND PROSTHETIC RESEARCH

Provided,

Departmental Administration

GENERAL OPERATING EXPENSES

Provided,

Information Technology Systems

Provided,

Construction, Major Projects

Provided,

Construction, Minor Projects

Provided,

CHAPTER 8 DEPARTMENT OF STATE

Administration of Foreign Affairs

DIPLOMATIC AND CONSULAR PROGRAMS

(INCLUDING TRANSFER OF FUNDS)

Provided,

Provided further,

OFFICE OF THE INSPECTOR GENERAL

(INCLUDING TRANSFER OF FUNDS)

Provided,

Provided further,

Educational and Cultural Exchange Programs

Provided,

International Organizations

CONTRIBUTIONS FOR INTERNATIONAL PEACEKEEPING ACTIVITIES

Provided,

RELATED AGENCY

Broadcasting Board of Governors

INTERNATIONAL BROADCASTING OPERATIONS

Provided,

BILATERAL ECONOMIC ASSISTANCE

Funds Appropriated to the President

UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT

CHILD SURVIVAL AND HEALTH PROGRAMS FUND

Provided,

INTERNATIONAL DISASTER AND FAMINE ASSISTANCE

Provided,

OPERATING EXPENSES OF THE UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT

Provided,

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

Provided,

Other Bilateral Economic Assistance

ECONOMIC SUPPORT FUND

Provided,

ASSISTANCE FOR EASTERN EUROPE AND THE BALTIC STATES

Provided,

Department of State

INTERNATIONAL NARCOTICS CONTROL AND LAW ENFORCEMENT

Provided,

MIGRATION AND REFUGEE ASSISTANCE

Provided,

UNITED STATES EMERGENCY REFUGEE AND MIGRATION ASSISTANCE FUND

Provided,

NONPROLIFERATION, ANTITERRORISM, DEMINING AND RELATED PROGRAMS

Provided,

Department of the Treasury

INTERNATIONAL AFFAIRS TECHNICAL ASSISTANCE

Provided,

MILITARY ASSISTANCE

Funds Appropriated to the President

FOREIGN MILITARY FINANCING PROGRAM

Provided,

PEACEKEEPING OPERATIONS

Provided,

GENERAL PROVISIONS--THIS CHAPTER

SEC. 1801. 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) is amended by striking `fiscal year 2006' and inserting `fiscal years 2006, 2007, or 2008'.

SEC. 1802. (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 of the House of Representatives and the Senate 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 of the House of Representatives and the Senate 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) 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 of the House of Representatives and the Senate a report on the Government of Lebanon's actions to implement section 14 of United Nations Security Council Resolution 1701 (August 11, 2006).

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.

(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; and

(3) whether the Government of Iraq and United States Armed Forces are making substantial progress in reducing the level of sectarian violence in Iraq.

(b) On or before October 1, 2007, the President--

(1) shall certify to the 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 billion in Iraqi revenues for reconstruction projects, including delivery of essential services, on an equitable basis; or

(2) shall report to the Congress that he is unable to make such certification.

(c) If in the transmissions to Congress required by subsection (a) the President determines that any of the conditions specified in such subsection have not been met, or if the President is unable to make the certification specified in subsection (b) by the required date, the Secretary of Defense shall commence the redeployment of the Armed Forces from Iraq and complete such redeployment within 180 days.

(d) If the President makes the certification specified in subsection (b), the Secretary of Defense shall commence the redeployment of the Armed Forces from Iraq not later than March 1, 2008, and complete such redeployment within 180 days.

(e) 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 (c) and (d).

(f) After the conclusion of the 180-day period for redeployment specified in subsections (c) and (d), 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.

(4) Training members of the Iraqi Security Forces.

(g) 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 `IRAQ SECURITY FORCES FUND', `ECONOMIC SUPPORT FUND', and `INTERNATIONAL NARCOTICS CONTROL AND LAW ENFORCEMENT' shall be withheld from obligation until the President has made a certification to Congress regarding the matters specified in subsection (b)(1).

(h) The requirement to withhold funds from obligation pursuant to subsection (g) 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.

SEC. 1905. (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(b) 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.

SEC. 1906. 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.

SEC. 1907. CONGRESSIONAL PLEDGE TO FULLY SUPPORT MEMBERS OF THE ARMED FORCES IN HARM'S WAY.

(a) FINDINGS- Congress makes the following findings:

(1) On September 14, 2001, both the Senate and the House of Representatives passed S.J. Res. 23 of the 107th Congress, which became Public Law 107-40 and authorized the use of military force in Afghanistan.

(2) On October 10, 2002, the House of Representatives passed H.J. Res. 114 of the 107th Congress, which authorized the use of military force in Iraq.

(3) After passage by the Senate, H.J. Res. 114 became Public Law 107-243, the Authorization for Use of Military Force Against Iraq Resolution of 2002.

(4) Members of the United States Armed Forces have served honorably in their mission to fight terrorism and protect the greater security of the United States.

(5) These members of the Armed Forces and their families have made many sacrifices, in many cases the ultimate sacrifice, to protect the security of the United States and the freedom Americans hold dear.

(6) Congress and the American people are forever grateful to the members of the Armed Forces for the service they have provided to the United States.

(b) FAITHFUL SUPPORT OF CONGRESS- Congress will fully support the needs of members of the Armed Forces who the Commander in Chief has deployed in harm's way in support of Operation Iraqi Freedom and Operation Enduring Freedom, and their families.

SEC. 1908. SENSE OF THE CONGRESS REGARDING PRESIDENT AS COMMANDER IN CHIEF AND CONGRESSIONAL POWER TO DECLARE WAR.

(a) It is the sense of Congress that Congress acknowledges the President as the Commander in Chief, and that role is granted solely to the President by article II, section 2, of the United States Constitution.

(b) It is further the sense of Congress that Congress has the power solely to declare war under article I, section 8, clause 11, of the United States Constitution.

SEC. 1909. SENSE OF CONGRESS REGARDING CONDUCT OF IRAQ WAR BY COMMANDERS.

It is the sense of Congress that, because the commanders of the United States Armed Forces in Iraq have the training, experience, and first-hand knowledge of the situation on the ground--

(1) the commanders should be allowed to conduct the war and manage the movements of the troops; and

(2) Congress should remain focused on executing its oversight role.

TITLE II--ADDITIONAL HURRICANE DISASTER

RELIEF AND RECOVERY

CHAPTER 1 DEPARTMENT OF AGRICULTURE

GENERAL PROVISIONS--THIS CHAPTER

SEC. 2101. In addition to the funds provided elsewhere in this Act, $25,000,000 is appropriated to the Secretary of Agriculture, to remain available through September 30, 2008, to resume the 2005 Hurricanes Livestock Indemnity Program to provide additional compensation to livestock producers in the geographic area covered by the natural disaster declaration related to Hurricane Katrina or Hurricane Rita that suffered losses in excess of the maximum amount of assistance authorized under the 2005 Hurricanes Livestock Indemnity Program. The total amount of assistance that an eligible producer may receive for such additional livestock losses under this section, the 2005 Hurricanes Livestock Indemnity Program, or any other provision of law may not exceed twice the maximum amount of assistance authorized under the 2005 Hurricanes Livestock Indemnity Program. The amount provided under this section is designated as an emergency requirement 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).

SEC. 2102. In addition to the funds provided elsewhere in the Act, $15,000,000 is appropriated to the Secretary of Agriculture, to remain available through September 30, 2008, for the purpose of providing assistance, in connection with the provision of emergency financial assistance for losses for 2005 or 2006 crops due to damaging weather or any related condition, to producers with respect to irrigated crops in the geographic area covered by the natural disaster declaration related to Hurricane Katrina or Hurricane Rita that, due to contamination by saltwater intrusion resulting from Hurricane Katrina or Hurricane Rita, were planted in 2006 and suffered a loss or were prevented from being planted. However, the factors otherwise applicable under section 1480.12(g) of title 7, Code of Federal Regulations, shall not apply to the provision of such assistance. The amount provided under this section is designated as an emergency requirement 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).

SEC. 2103. In addition to the funds provided elsewhere in this Act, $100,000,000 is appropriated to the Secretary of Agriculture, to remain available through September 30, 2008, to resume the 2005 Hurricanes Citrus Program to provide additional compensation to citrus producers in the geographic area covered by the natural disaster declaration related to Hurricane Katrina or Hurricane Rita that suffered losses in excess of the maximum amount of assistance authorized under the 2005 Hurricanes Citrus Program. The total amount of assistance that an eligible producer may receive for such additional citrus losses under this section, the 2005 Hurricanes Citrus Program, or any other provision of law may not exceed twice the maximum amount of assistance authorized under the 2005 Hurricanes Citrus Program. The amount provided under this section is designated as an emergency requirement 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).

CHAPTER 2 DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

OPERATIONS, RESEARCH, AND FACILITIES

Provided,

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

Exploration Capabilities

Provided,

GENERAL PROVISION--THIS CHAPTER

Provided,

CHAPTER 3 DEPARTMENT OF DEFENSE--CIVIL

DEPARTMENT OF THE ARMY

Corps of Engineers--Civil

CONSTRUCTION

Provided,

Provided further,

FLOOD CONTROL AND COASTAL EMERGENCIES

Provided,

Provided further,

GENERAL PROVISION--THIS CHAPTER

Provided,

Provided further,

CHAPTER 4 SMALL BUSINESS ADMINISTRATION

Disaster Loans Program Account

Provided,

CHAPTER 5 DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

DISASTER RELIEF

(INCLUDING TRANSFER OF FUNDS)

Provided,

Provided further,

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, and Texas in connection with Hurricanes Katrina, Wilma, Dennis, and Rita under sections 403, 406, 407, and 408 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170b, 5172, 5173, and 5174) shall be 100 percent of the eligible costs under such sections.

(b) Applicability-

(1) IN GENERAL- Subject to paragraph (2), the Federal share provided by subsection (a) shall apply to disaster assistance provided before the date of enactment of this Act.

(2) LIMITATION- In the case of disaster assistance provided under sections 403, 406, and 407 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act, the Federal share provided by subsection (a) shall be limited to assistance provided for projects for which project worksheets have been approved by the Federal Emergency Management Agency before the date of enactment of this Act.

SEC. 2502. (a) Community Disaster Loan Act-

Provided further,

(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-

Provided further,

(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).

(c) The amounts provided in this section are designated as emergency requirements 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).

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 HEALTH AND HUMAN SERVICES

Administration for Children and Families

SOCIAL SERVICES BLOCK GRANT

Provided,

DEPARTMENT OF EDUCATION

Innovation and Improvement

Provided,

Provided further,

Hurricane Education Recovery

PROGRAMS TO RESTART SCHOOL OPERATIONS

Provided,

Provided further,

Higher Education

Provided,

Provided further,

GENERAL PROVISION--THIS CHAPTER

SEC. 2601. 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.'.

CHAPTER 7 DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

Public and Indian Housing

TENANT-BASED RENTAL ASSISTANCE

Provided,

Provided further,

Office of Inspector General

Provided,

TITLE III--AGRICULTURAL ASSISTANCE

SEC. 3101. 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 for the 2007 crop before the date of the enactment of this Act, due to damaging weather or any related condition (including losses due to crop diseases, insects, and delayed harvest), as determined by the Secretary. However, to be eligible for assistance, the crop subject to the loss must have been harvested before the date of the enactment of this Act or, in the case of prevented planting or other total loss, would have been harvested before the date of the enactment of this Act 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.

(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 1 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 1 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 Agricultural 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.

(3) DUPLICATIVE PAYMENTS- The Secretary of Agriculture shall ensure, to the maximum extent practicable, that no producer on a farm receives duplicative payments under this section and any other Federal program for the same loss.

(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. 3102. 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 during calendar years 2005 and 2006, and during calendar year 2007 before the date of the enactment of this Act, due to a disaster, as determined by the Secretary, including wildfire in the State of Texas and other States and blizzards in the States of Colorado, Kansas, Nebraska, New Mexico, and Oklahoma. However, the payment rate for compensation under this subsection shall be 75 percent of the payment rate otherwise applicable under such program.

(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- 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.

(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) LIMITATION- The Secretary shall ensure, to the maximum extent practicable, that no producer on a farm receives duplicative payments under this subsection and another Federal program with respect to any loss.

(6) 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 during calendar year 2005 or 2006, or calendar year 2007 before the date of the enactment of this Act, under section 321(a) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1961(a)); or

(ii) a major disaster or emergency designated by the President during calendar year 2005 or 2006, or calendar year 2007 before the date of the enactment of this Act, under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.).

(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 during calendar years 2005 and 2006, and during calendar year 2007 before the date of the enactment of this Act, due to a disaster, as determined by the Secretary, including hurricanes, floods, anthrax, wildfires in the State of Texas and other States, and blizzards in the States of Colorado, Kansas, Nebraska, New Mexico, and Oklahoma.

(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.

(c) Limit on Amount of Assistance- The Secretary of Agriculture shall ensure, to the maximum extent practicable, that no producer on a farm receives duplicative payments under this section and any other Federal program for the same loss.

SEC. 3103. SPINACH.

There is hereby appropriated to the Secretary of Agriculture $25,000,000, to remain available until expended, to make payments to growers and first handlers, as defined by the Secretary, of fresh spinach that were unable to market spinach crops as a result of the Food and Drug Administration Public Health Advisory issued on September 14, 2006. The payment made to a grower or first handler under this section shall not exceed 75 percent of the value of the unmarketed spinach crops.

SEC. 3104. 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 farmland damaged by freezing temperatures at any time during the period beginning on January 1, 2007, and ending on the date of the enactment of this Act.

SEC. 3105. 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 3101 and 3102 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); or

(2) an agricultural disaster assistance provision contained in the announcement of the Secretary of Agriculture on January 26, 2006.

(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 3101, 3102, 3103, and 3104.

SEC. 3106. ADMINISTRATION.

(a) Regulations- The Secretary of Agriculture may promulgate such regulations as are necessary to implement sections 3101 and 3102.

(b) Procedure- The promulgation of the implementing regulations and the administration of sections 3101 and 3102 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 3101 and 3102, 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 3101 and 3102 unless funds have been specifically appropriated for such purpose.

SEC. 3107. MILK INCOME LOSS CONTRACT PROGRAM.

Notwithstanding subsections (c)(3), (f), and (g) of section 1502 of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 7982), there is hereby appropriated $283,000,000, to remain available until expended, for payments under such section, using the payment rate specified in subsection (c)(3)(B) of such section, from September 1, 2007, through September 30, 2008. Of such amount, $252,000,000 shall be available only on or after September 30, 2007, and only so long as an Act to provide for the continuation of agricultural programs for fiscal years after 2007, including such section 1502, is not enacted.

SEC. 3108. PEANUT STORAGE COSTS.

Notwithstanding subsection (a)(6) of section 1307 of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 7957), there is hereby appropriated $74,000,000, to remain available until expended, for the payment of storage, handling, and other associated costs for the 2007 crop of peanuts to ensure proper storage of peanuts for which a loan is made under such section. Of such amount, $74,000,000 shall be available only on or after September 30, 2007, and only so long as an Act to provide for the continuation of agricultural programs for fiscal years after 2007, including such section 1307, is not enacted.

SEC. 3109. LOSSES DUE TO APHIS EMERGENCY ORDER.

There is hereby appropriated to the Secretary of Agriculture $5,000,000, to remain available until expended, to provide compensation to aquaculture operations and other persons in the United States engaged in the business of breeding, rearing, or transporting live fish to cover all or a portion of the economic losses incurred by the operation or person as a result of the emergency order issued by the Animal and Plant Health Inspection Service on October 24, 2006, prohibiting the importation of specified species of live fish from Ontario and Quebec, Canada, and the interstate movement of these same species of fish from New York, Pennsylvania, Ohio, Michigan, Indiana, Illinois, Minnesota, or Wisconsin due to outbreaks of viral hemorrhagic septicemia. The operation or person seeking compensation shall be required to document to the satisfaction of the Secretary the economic losses so incurred as a result of the emergency order.

SEC. 3110. EMERGENCY DESIGNATION.

The amounts provided in this title are designated as an emergency requirement 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 IV--OTHER MATTERS

CHAPTER 1 DEPARTMENT OF AGRICULTURE

Farm Service Agency

SALARIES AND EXPENSES

For an additional amount for `Salaries and Expenses', $48,000,000.

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 for a risk-based inspection program for poultry or meat unless the Secretary of Agriculture considers such program to be a rule under chapter 5 of title 5, United States Code.

CHAPTER 2 DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

OPERATIONS, RESEARCH, AND FACILITIES

Provided,

Provided further,

CHAPTER 3

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 `January 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.

CHAPTER 4 DEPARTMENT OF HOMELAND SECURITY

General Provisions

(RESCISSION)

SEC. 4401. Of the unobligated balances made available pursuant to section 505 of Public Law 109-90, $89,800,000 are rescinded.

SEC. 4402. The last two provisos under the heading `Department of Homeland Security, Customs and Border Protection--Salaries and Expenses' in Public Law 109-90 shall remain in effect through September 30, 2007.

SEC. 4403. (a) IN GENERAL- Any contract, subcontract, or task 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 for independent cost estimates of major changes.

(4) A requirement for measurement of contractor and subcontractor performance based on the status of all work performed.

(b) CONTRACTS, SUBCONTRACTS, AND TASK ORDERS COVERED- Subsection (a) applies to--

(1) any major procurement contract entered into by the Coast Guard;

(2) any subcontract entered into under such a contract; and

(3) any task order issued pursuant to such a contract or subcontract.

(c) PLAN FOR EXPENDITURE OF DEEPWATER FUNDS- The funds appropriated in Public Law 109-295 for the Integrated Deepwater Systems program may not be obligated until the Committees on Appropriations of the Senate and the House of Representatives receive and approve a plan for expenditure that--

(1) defines activities, milestones, yearly costs, and lifecycle costs for each procurement of a major asset, including an independent cost estimate for each;

(2) identifies lifecycle staffing and training needs of Coast Guard project managers and of procurement and contract staff;

(3) identifies all Integrated Product Teams that are not chaired by Coast Guard personnel and explains why the Coast Guard does not chair;

(4) identifies competition to be conducted in each procurement;

(5) does not rely on a single industry entity or contract;

(6) contains very limited indefinite delivery/indefinite quantity contracts and explains the need for any indefinite delivery/indefinite quantity contracts;

(7) complies with all applicable acquisition rules, requirements, and guidelines, and incorporates the best systems acquisition management practices of the Federal Government;

(8) complies with the capital planning and investment control requirements established by the Office of Management and Budget, including circular A-11, part 7;

(9) includes a certification by the Chief Procurement Officer of the Department of Homeland Security that the Coast Guard has established sufficient controls and procedures to comply with all contracting requirements and that any apparent conflicts of interest have been sufficiently addressed;

(10) 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; and

(11) is reviewed by the Government Accountability Office.

SEC. 4404. (a) IN GENERAL- With respect to contracts entered into after May 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 and the House Committee on Homeland Security 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 May 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 DEPARTMENT OF THE INTERIOR

Bureau of Land Management

WILDLAND FIRE MANAGEMENT

(INCLUDING TRANSFER OF FUNDS)

Provided,

Provided further,

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.

U.S. 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

WILDLAND FIRE MANAGEMENT

(INCLUDING TRANSFER OF FUNDS)

Provided,

Provided further,

GENERAL PROVISIONS--THIS CHAPTER

Provided,

SEC. 4502. 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 $9,019,000 shall be available, in addition to amounts otherwise available, for contract support costs'.

SEC. 4503. 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 $5,000,000 shall be available, in addition to amounts otherwise available, for contract support costs; and of which, not to exceed $7,300,000 may be transferred to the `Indian Health Facilities' account,'.

SEC. 4504. 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 `of which $13,000,000 shall be for Save America's Treasures'.

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.

Administration for Children and Families

LOW-INCOME HOME ENERGY ASSISTANCE

Provided,

Provided further,

Provided,

Office of the Secretary

PUBLIC HEALTH AND SOCIAL SERVICES EMERGENCY FUND

(INCLUDING TRANSFER OF FUNDS)

Provided,

Provided further,

COVERED COUNTERMEASURE PROCESS FUND

Provided,

GENERAL PROVISIONS--THIS CHAPTER

(INCLUDING TRANSFER OF FUNDS)

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 striking `of which no less than $5,000,000 shall be' and inserting the following: `of which $7,500,000 (together with an additional $7,000,000 which shall be transferred by the Pension Benefit Guaranty Corporation as an authorized administrative cost) shall be available when needed through September 30, 2008,'.

SEC. 4602. Section 20608(a) of the Continuing Appropriations Resolution, 2007 (division B of Public Law 109-289, as amended by Public Law 110-5) is amended by inserting `and which shall be available for obligation by the States through December 31, 2007,' after `Public Law 103-353,'.

SEC. 4603. 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. 4604. 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.

CHAPTER 7 LEGISLATIVE BRANCH

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.

ARCHITECT OF THE CAPITOL

CAPITOL POWER PLANT

Provided,

CHAPTER 8 DEPARTMENT OF STATE

International Commissions

INTERNATIONAL BOUNDARY AND WATER COMMISSION, UNITED STATES AND MEXICO

CONSTRUCTION

For an additional amount for `International Boundary and Water Commission, United States and Mexico, Construction', $10,000,000, to remain available until expended, as authorized.

GENERAL PROVISIONS--THIS CHAPTER

SEC. 4801. (a) MIDDLE EAST FOUNDATION- 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'.

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.

SEC. 4803. 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.

CHAPTER 9

SEC. 4901. 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 on an obligation incurred in 2001 under a capital lease.

Provided further,

SEC. 4904. Chapter 10 of title II 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 section 21041 the following new section:

`SEC. 21041A. The provisions under the heading `Department of Housing and Urban Development, Office of Federal Housing Enterprise Oversight, Salaries and Expenses' in title III of division A of Public Law 109-115 shall be applied to funds appropriated by this division by substituting `$67,568,000' for `$60,000,000'.'.

SEC. 4905. Section 21033 of the Continuing Appropriations Resolution, 2007 (division B of Public Law 109-289, as amended by Public Law 110-5) is amended (prior to amendment by the preceding sections of this chapter) by striking the sixth proviso.

SEC. 4906. 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.'.

GENERAL PROVISION--THIS ACT

SEC. 4910. No part of any appropriation contained in this Act shall remain available for obligation beyond the current fiscal year unless expressly so provided herein.

TITLE V--CONTRACTING REFORM

SEC. 5001. MINIMIZING SOLE-SOURCE CONTRACTS.

(a) PLANS REQUIRED- Subject to subsection (c), the head of each executive agency covered by title III of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 251 et seq.) and the head of each agency covered by chapter 137 of title 10, United States Code, shall develop and implement a plan to minimize the use of contracts entered into using procedures other than competitive procedures by the agency concerned. The plan shall contain measurable goals and shall be completed and submitted to the Committee on Oversight and Government Reform of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate, the Committees on Appropriations of the House of Representatives and the Senate, with a copy provided to the Comptroller General, not later than 1 year after the date of the enactment of this Act.

(b) COMPTROLLER GENERAL REVIEW- The Comptroller General shall review the plans provided under subsection (a) and submit a report to Congress on the plans not later than 18 months after the date of the enactment of this Act.

(c) REQUIREMENT LIMITED TO CERTAIN AGENCIES- The requirement of subsection (a) shall apply only to those agencies that awarded contracts in a total amount of at least $1,000,000,000 in the fiscal year preceding the fiscal year in which the report is submitted.

SEC. 5002. MINIMIZING COST-REIMBURSEMENT TYPE CONTRACTS.

(a) PLANS REQUIRED- Subject to subsection (c), the head of each executive agency covered by title III of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 251 et seq.) and the head of each agency covered by chapter 137 of title 10, United States Code, shall develop and implement a plan to minimize the use of cost-reimbursement type contracts by the agency concerned. The plan shall contain measurable goals and shall be completed and submitted to the Committee on Oversight and Government Reform of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate, the Committees on Appropriations of the House of Representatives and the Senate, with a copy provided to the Comptroller General, not later than 1 year after the date of the enactment of this Act.

SEC. 5003. PUBLIC DISCLOSURE OF JUSTIFICATION AND APPROVAL DOCUMENTS FOR NONCOMPETITIVE CONTRACTS.

(a) CIVILIAN AGENCY CONTRACTS- Section 303 of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 253) is amended by adding at the end the following new subsection:

`(j)(1) In the case of a procurement permitted by subsection (c), the head of an executive agency shall make publicly available, within 14 days after the award of the contract, the documents containing the justification and approval required by subsection (f)(1) with respect to the procurement.

`(2) The documents shall be made available on the website of the agency and through the Federal Procurement Data System.

`(3) This subsection does not require the public availability of information that is exempt from public disclosure under section 552(b) of title 5, United States Code.'.

(b) DEFENSE AGENCY CONTRACTS- Section 2304 of title 10, United States Code, is amended by adding at the end the following new subsection:

`(l)(1) In the case of a procurement permitted by subsection (c), the head of an agency shall make publicly available, within 14 days after the award of the contract, the documents containing the justification and approval required by subsection (f)(1) with respect to the procurement.

`(2) The documents shall be made available on the website of the agency and through the Federal Procurement Data System.

`(3) This subsection does not require the public availability of information that is exempt from public disclosure under section 552(b) of title 5, United States Code.'.

SEC. 5004. DISCLOSURE OF GOVERNMENT CONTRACTOR OVERCHARGES.

(a) QUARTERLY REPORT TO CONGRESS-

(1) The head of each Federal agency or department shall submit to the chairman and ranking member of each committee specified in paragraph (2) on a quarterly basis a report that includes the following:

(A) A list of audits or other reports issued during the applicable quarter that describe contractor costs in excess of $1,000,000 that have been identified as unjustified, unsupported, questioned, or unreasonable under any contract, task or delivery order, or subcontract.

(B) The specific amounts of costs identified as unjustified, unsupported, questioned, or unreasonable and the percentage of their total value of the contract, task or delivery order, or subcontract.

(C) A list of audits or other reports issued during the applicable quarter that identify significant or substantial deficiencies in the performance of any contractor or in any business system of any contractor under any contract, task or delivery order, or subcontract.

(2) The report described in paragraph (1) shall be submitted to the Committee on Oversight and Government Reform of the House of Representatives, the Committee on Homeland Security and Governmental Affairs of the Senate, the Committees on Appropriations of the House of Representatives and the Senate, and other committees of jurisdiction.

(3) Paragraph (1) shall not apply to an agency or department with respect to a calendar quarter if no audits or other reports described in paragraph (1) were issued during that quarter.

(b) SUBMISSION OF INDIVIDUAL AUDITS- The head of each Federal agency or department shall provide, within 14 days after a request in writing by the chairman or ranking member of any of the committees described in subsection (a)(2), a full and unredacted copy of any audit or other report described in subsection (a)(1).

TITLE VI--ELIMINATION OF SCHIP SHORTFALL

DEPARTMENT OF HEALTH AND HUMAN SERVICES

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

Provided,

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), by striking `and (3)' and inserting `(3), and (4)'.

TITLE VII--MINIMUM WAGE INCREASE AND SMALL BUSINESS TAX RELIEF

CHAPTER 1 SEC. 7101. SHORT TITLE.

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

SEC. 7102. 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. 7103. APPLICABILITY OF MINIMUM WAGE TO 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 the Commonwealth of the Northern Mariana Islands.

(b) Transition- Notwithstanding subsection (a), 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--

(1) $3.55 an hour, beginning on the 60th day after the date of enactment of this Act; and

(2) 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 6 months after the date of enactment of this Act and every 6 months thereafter until the minimum wage applicable to the Commonwealth of the Northern Mariana Islands under this subsection is equal to the minimum wage set forth in such section.

SEC. 7104. APPLICABILITY OF MINIMUM WAGE TO AMERICAN SAMOA.

(a) APPLICABILITY-

(1) IN GENERAL- Section 6 of the Fair Labor Standards Act of 1938 (29 U.S.C. 206) shall apply to American Samoa.

(2) CONFORMING AMENDMENT- Section 6(a) of the Fair Labor Standards Act of 1938 (29 U.S.C. 206(a)) is amended by striking paragraph (3) and redesignating paragraphs (4) and (5) as paragraphs (3) and (4), respectively.

(b) TRANSITION-

(1) IN GENERAL- Notwithstanding subsection (a), 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) $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 6 months after the date of enactment of this Act and every 6 months thereafter until the minimum wage applicable to American Samoa under this paragraph is equal to the minimum wage set forth in such section.

(2) SPECIAL RULE- Notwithstanding paragraph (1), if an employee is employed in an industry in American Samoa that, on the date of enactment of this Act, is required to pay a minimum wage rate under section 697 of title 29, Code of Federal Regulations, that is higher than the minimum wage rate required under paragraph (1)(A), the minimum wage applicable to such employee shall be--

(A) the minimum wage rate required for such an industry under such section on 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 6 months after the date of enactment of this Act and every 6 months thereafter until the minimum wage applicable to American Samoa under this subsection is equal to the minimum wage set forth in such section.

CHAPTER 2 SEC. 7201. SHORT TITLE; AMENDMENT OF 1986 CODE; TABLE OF CONTENTS.

(a) Short Title- This chapter may be cited as the `Small Business Tax Relief Act of 2007'.

(b) Amendment of 1986 Code- Except as otherwise expressly provided, whenever in this chapter 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.

Sec. 7201. Short title; amendment of 1986 Code; table of contents.

Sec. 7202. Extension and modification of work opportunity tax credit.

Sec. 7203. Extension and increase of expensing for small business.

Sec. 7204. Determination of credit for certain taxes paid with respect to employee cash tips.

Sec. 7205. 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. 7206. Family business tax simplification.

Sec. 7207. Denial of lowest capital gains rate for certain dependents.

Sec. 7208. Suspension of certain penalties and interest.

Sec. 7209. Time for payment of corporate estimated taxes.

SEC. 7202. EXTENSION AND MODIFICATION OF WORK OPPORTUNITY TAX CREDIT.

(a) Extension- Section 51(c)(4)(B) (relating to termination) is amended by striking `2007' and inserting `2008'.

(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, or renewal community.

`(B) INDIVIDUAL MUST CONTINUE TO RESIDE IN ZONE OR COMMUNITY- 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, or renewal community.'.

(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. 7203. 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'.

(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. 7204. 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. 7205. 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. 7206. 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.'.

SEC. 7207. DENIAL OF LOWEST CAPITAL GAINS RATE FOR CERTAIN DEPENDENTS.

(a) In General- Subsection (h) of section 1 is amended by adding at the end the following new paragraph:

`(12) CERTAIN INDIVIDUALS NOT ELIGIBLE FOR LOWEST RATE-

`(A) IN GENERAL- In the case of an individual described in subparagraph (B)--

`(i) the amount determined under paragraph (1)(A)(ii)(II) shall not be less than the amount of taxable income which would (without regard to this subsection) be taxed at a rate below 15 percent, and

`(ii) the sum of the amounts determined under subparagraphs (B) and (C) of paragraph (1) shall be an amount equal to the rate of tax specified in paragraph (1)(C) multiplied by so much of the adjusted net capital gain (or, if less, taxable income) as exceeds the excess (if any) of--

`(I) the amount of taxable income which would (without regard to this subsection) be taxed at a rate below 15 percent, over

`(II) the taxable income reduced by the adjusted net capital gain.

`(B) INDIVIDUALS TO WHOM PARAGRAPH APPLIES-

`(i) IN GENERAL- For purposes of this paragraph, an individual is described in this subparagraph if--

`(I) such individual meets the age requirements of section 152(c)(3) (determined without regard to subparagraph (B) thereof), and

`(II) such individual's earned income (as defined in section 911(d)(2)) for the taxable year does not exceed one-half of such individual's support (within the meaning of section 152) for such taxable year.

`(ii) SPECIAL RULES FOR JOINT RETURNS- In the case of a joint return--

`(I) the taxpayer and the taxpayer's spouse shall be treated as a single individual for purposes of applying subclause (II) of clause (i), and

`(II) the taxpayer shall be treated as an individual described in this subparagraph only if the taxpayer and the taxpayer's spouse are described in clause (i) (determined after application of subclause (I)).'.

(b) Alternative Minimum Tax- Section 55 is amended by adding at the end the following new subsection:

`(f) Certain Individuals Not Eligible for Lowest Rate- In the case of an individual described in section 1(h)(12)(B), no amount shall be determined under subsection (b)(3)(B).'.

(c) Coordination With Sunset of Provisions of the Jobs and Growth Tax Relief Reconciliation Act of 2003- Subparagraph (A) of section 1(h)(12), as added by this section, is amended by striking `and' at the end of clause (i), by striking the period at the end of clause (ii) and inserting `, and', and by adding at the end the following new clause:

`(iii) no amount of qualified 5-year gain shall be taken into account under subparagraph (A) of paragraph (2) (as in effect after the application of section 303 of the Jobs and Growth Tax Relief Reconciliation Act of 2003).'.

(d) Effective Date-

(1) IN GENERAL- Except as provided in paragraph (2), the amendments made by this section shall apply to taxable years beginning after December 31, 2006.

(2) SUNSET OF JGTRRA- The amendment made by subsection (c) shall apply to taxable years beginning after the date specified in section 303 of the Jobs and Growth Tax Relief Reconciliation Act of 2003.

SEC. 7208. 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 `22-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. 7209. 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 `112.75 percent'.

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

Union Calendar No. 31

110th CONGRESS

1st Session

H. R. 1591

[Report No. 110-60]

A BILL

Making emergency supplemental appropriations for the fiscal year ending September 30, 2007, and for other purposes.

March 20, 2007

Committed to the Committee of the Whole House on the State of the Union and ordered to be printed

END